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HomeMy WebLinkAbout12012010 AgendaCity Council Present: Mayor Jim Hill Vice -Mayor Don Wright Council Member Andrea Coy Council Member Richard H. Gillmor Council Member Eugene Wolff oncc HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, NOVEMBER 17, 2010 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Hill called the regular meeting to order at 6:30 p.m. 2. Reverend Dr. Robert Baggott of the Community Church of Vero Beach gave the invocation. 3. The Pledge of Allegiance was recited. 4. ROLL CALL Staff Present: City Manager, Al Minner City Attorney, Robert Ginsburg City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Airport Director, Joseph Griffin Growth Management Director, Rebecca Grohall Police Captain, Mike Beyers Police Captain, Bob Lockhart Public Works Director, Jerry Converse MIS Systems Analyst, Rob Messersmith 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members Mayor Hill received consensus of Council to add a report by Mary Wolff, School Oversight Citizens Committee as item 8D. 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. 10.019 A. Proclamation November 17, 2010 Arbor Day Accepted by Robin Graves, Chair, City of Sebastian Natural Resources Board Mayor Hill read and presented the proclamation to Robin Graves, Chair of the Natural Resources Board. Regular City Council Meeting November 17, 2010 Page Two Brief Announcements Mr. Wright announced the 22 Annual Light Up Night sponsored by the Sebastian River Area Chamber of Commerce the evening of Friday, December 3, 2010 and noted maps will be available for location of participating businesses; and announced the LoPresti first Saturday breakfast on December 4, 2010. Ms. Coy encouraged people that if they are donating during the holidays to donate to local charities like the Poppy Drive, local veterans charities, cautioning that there are outside groups collecting for veterans which give only a small percentage of their proceeds to the veterans. She said she had spoken to the City Attorney on this subject and would like to look at the ordinance and suggested this be a topic of discussion at a future meeting. Mayor Hill announced that former Fellsmere Mayor John McCants had passed away and offered condolences to the City of Fellsmere. 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. 3 -11 A. Approval of Minutes October 27, 2010 Regular Meeting 13 -14 B. Approval of Minutes November 8, 2010 Special Meeting 10.147 C. Award Three Year Quarter Round Contract to Conlon Landscaping (Public Works 15-54 Transmittal, Bid Tab, Contract) Mr. Wolff removed item C for discussion. MOTION by Ms. Coy and SECOND by Mr. Wright to approve consent agenda items A B passed on a voice vote of 5 -0. Item C Quarter Round Contract Mr. Wolff noted a discrepancy in the budget amount for the quarter round contract listed on pages 88 and 101 of the agenda packet, and the City Manager responded that the correct amount was $450,000. He also noted this will have to be corrected when they come to the item on the capital improvement element, item 12 A Ordinance 0- 10 -07. Result of Roll Call Vote: Ayes: All Nays: None Passed 5 -0 2 Regular City Council Meeting November 17, 2010 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. 10.148 A. Budget Review Advisory Committee 55 i. City Clerk Report on Committee Selection Five Individual and Two At- Large for Appointment on December 15 (City Clerk Transmittal) 10.149 B. Charter Review Committee 57 -59 i. City Clerk Report on Committee Selection Ten Individual and Five At- Large for Appointment on December 15 (City Clerk Transmittal) The City Clerk reported on both items, noting that each member of Council will appoint one individual each to the Budget Committee, and then full Council will appoint two at- large members. She noted that the members elected last year can retain the person they appointed then or appoint a new member for the remainder of their term. On the Charter Review Committee, which meets every five years, she said each member of Council will appoint two individuals, and then full Council will appoint five at- large members. She said all official appointments will take place on December 15 and requested that even those individuals appointed by Council come in and fill out an application so that their contact and residency information is on file. In response to Council she said if someone already has an application on file, the person can simply review it, update if necessary and initial it, and that a person can serve on one of these boards and another board since the previous Attorney had opined these boards are not considered permanent. The City Attorney confirmed his concurrence with that opinion. 10.001 C. Planning Zoning Commission 61 -69 (City Clerk Transmittal, One Application, Ad, Member List) Interview, Unless Waived, and Appoint One Regular Member for Three Year Term to Expire 11/1/13 Current member, Mr. Dodd, the only applicant for the position, briefly addressed City Council, was nominated by Ms. Coy and automatically appointed to the three year term. D. Mary Wolff School Oversight Citizens Committee Report Ms. Wolff reported on the Citizens Committee, on which she has served since its inception, said she had attended all meetings, described the function of the three divisions of School Oversight, elected officials, staff and citizens. She said the Citizens Committee expresses ideas to the elected officials and staff which helps to get them out of their professional mindset and they take their recommendations. She said she has enjoyed serving. Ms. Coy said she had an item on tonight's agenda that she would like to bring to the School Board having to do with opening the doors to public organizations, and perhaps this can be discussed by the Citizens Committee. Ms. Wolff said it was discussed at one time, but liability issues were brought, though she would be happy to bring it up again. 3 Regular City Council Meeting November 17, 2010 Page Four Other Committee Reports Ms. Coy reported on her attendance at the Economic Development Advisory Committee Meeting, noting that there is a plan to for them to ask the municipalities to contribute, and she had stated at the meeting that she would have a problem putting x number of dollars into a County program and would rather use our local Chamber of Commerce. She said her remarks went over poorly, noting on the EDC Board of 18 people the only reps from the North County were her and Beth Mitchell, and said the issue of representation needs to be addressed. She noted they had said "what about LoPresti" and she responded the City had invested in LoPresti and not the County. Mr. Wright said he totally agreed with her, having served on this and other ED committees for a long time, that we pay as much tax to Indian River County as we do to the City and we are entitled to service. He said he believed there will be a presentation here in January by the Economic Development Director and local Chamber and we should look at using the expenditure here. Ms. Coy said Commissioner Peter O'Bryan got her message and perhaps others on Council might want to call him, noting on every County board, the City is under- represented, and stated that only Sebastian and Fellsmere pay for the County bus service and no other municipalities. Mayor Gillmor said he and Beth Mitchell spent time with Larry Pelton in St. Lucie and he will report further on that under his matters. 9. PUBLIC HEARINGS None 10. UNFINISHED BUSINESS None 11. PUBLIC INPUT (See back of agenda for procedures) Damien Gilliams congratulated Mr. Hill and Mr. Gillmor on their re- election, noting the voters have spoken, said he had not been able to speak at the swearing in ceremony, but will be at every meeting and hoped Mayor Hill falls in step with Mr. Gillmor and returns calls. He expressed disappointment that no one attended the Mayors' meeting in Fellsmere to represent Sebastian, would represent the City if needed, and was disappointed Mr. Gillmor was not elected Mayor with 3800 votes. He started to address the delegation meeting in December, but Mayor Hill reminded him that was a later agenda item. Mr. Gilliams said he wants the City checkbook on the Internet, to change City Manager spending authority from $15,000 to $5,000, start Budget Committee meetings immediately, start a citizens academy, have kids sit behind Council at the dais for training, perhaps merge Building Department and Growth Management, and said the PD pension is out of control. 4 Regular City Council Meeting November 17, 2010 Page Five 12. NEW BUSINESS 10.039 A. First Reading of Revised Ordinance No. 0 -10 -07 Capital Improvement Element 71 -120 of Comprehensive Land Use Plan Schedule Public Hearing December 15, 2010 (GMD Transmittal, 0- 10 -07) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN AMENDING THE CAPITAL IMPROVEMENTS ELEMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title of Ordinance No. 0- 10 -07. MOTION by Ms. Coy and SECOND by Mr. Wright to take Ordinance No. 0 -10 -07 from the table passed on a voice vote of 5 -0. The City Manager briefly described the modifications requested by Council at the previous meeting in regard to police services and various other statistics, and noted for the record that the correct amount for the quarter round project should read $450,000. MOTION by Ms. Coy and SECOND by Mr. Wolff to approve Ordinance 0 -10 -07 as corrected. Damien Gilliams noted there was no mention of commercial recycling in the document and described commercial recycling programs such as that in Cherry Hill, New Jersey that could encourage recycling. He asked the Mayor to direct staff to look into it. The City Manager responded to Mr. Gilliams that this issue is being reviewed with the County, but there are many factors that have to be addressed, such as the County assessment that all businesses pay for the County landfill which may be increased if recycling is mandated by forcing a collection cost. He said there are continuing to work with Himanshu Mehta and Joe Baird on the issue and are waiting from data from Waste Management. Mr. Wolff said the City Manager made a good point on cost, noting his company used to keep a dumpster to recycle its cardboard but had to cut that cost due to the economy. The City Manager continued that more data needs to be gathered, such as to how much commercial waste is being created, what funding IRC receives on the recyclables, and noting revenues are important to maintain the county landfill. Mr. Wright said the County is privatizing its waste sites with contract employees. The Growth Management Director responded they had chosen Republic to staff the sites. Result of Roll Call Vote: Ayes: All Nays: None Passed 5 -0 5 Regular City Council Meeting November 17, 2010 Page Six 10.150 B. First Reading of Revised Ordinance No. 0 -10 -08 Aquifer Recharge LDC 121 -125 Schedule Public Hearing December 15, 2010 (GMD Transmittal, 0- 10 -08) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE SECTION 54 -3 -11.3 AQUIFER RECHARGE PROTECTION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title of Ordinance No. 0- 10 -08. The City Manager gave an explanation on the basis of bringing forward the next two items, describing them as reactionary proposals to ease regulations for development and redevelopment. He said he receives complaints about the Growth Management Department and Building Department and sometimes feels they are unfair because they are working through the Code, and they had reviewed what could be done to put out an olive branch. He said the City provides public safety, public works, and regulatory services and when people hear no from the regulatory services they want to know why. He said staff wants to fix perceptions and is slowly reviewing the codes. He described the sections of the aquifer recharge codes that are regulated by other regulatory agencies and are being duplicated and can be removed by this ordinance. He said this had been reviewed with St. Johns River Water Management District, Planning and Zoning and had been compared with Indian River County and Vero Beach codes which do not have these requirements. MOTION by Mr. Gillmor and SECOND by Ms. Coy to approve Ordinance 0 -10 -08 on first reading. Damien Gilliams said it is about time, because a lot of regulations are hurting businesses and commended the City Manager and staff. Mr. Wright agreed that this is a step in the right direction, that we need to review the codes, continue to evaluate codes to see if we are reasonable and compare where we may be more restrictive than other communities, and this will create a platform for businesses to operate successfully. Ms. Coy noted Commissioner O'Bryan commented he was not happy with the perception that Indian River County is not business friendly, and pointed out that he had looked into some allegations that County staff was taking too long issuing permits and had found that engineers had lied to their clients about when documents were actually submitted to staff. He suggested that we should research and get accurate data when allegations are made. She offered to do this in Growth Management if necessary. Mayor Hill thanked Mr. Wolff for his questions which had provided further information for the agenda packet, but cautioned that people remember why we live here, that thought we need to look for onerous ordinances, some of those ordinances keep Sebastian wonderful. Result of Roll Call Vote: Ayes: All Nays: None Passed 5 -0 6 Regular City Council Meeting November 17, 2010 Page Seven 10.151 C. Resolution No. R -10 -44 Growth Management Department Fee Reduction 127 -133 (GMD Transmittal, R- 10 -44, R- 03 -25) A RESOLUTION OF THE CITY OF SEBASTAIN, FLORIDA, ADOPTING A FIFTY PERCENT REDUCTION IN GROWTH MANAGEMENT FEES; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title of Resolution No. R- 10 -44. The City Manager briefly explained that this effort to cut Growth Management fees by 50% is also an olive branch. He said Growth Management fees generate approximately $40,000 per year so this will reduce general fund revenues by about $20,000, though he expects this could be made up in ad valorem rates next year. He further explained the Building Department is an enterprise fund and must pay for itself through its permitting fees. Mr. Wolff questioned the alternate chart provided which highlights only certain of the fees and asked him to discuss that. The City Manager said he had provided comparison charts using Vero Beach and Indian River County, described those fees that he thought should be reduced such as variance fees and site plan fees and those that should not be reduced. Mr. Wright discussed the new book store that was required to pay a change of use fee of $900 after all of the other permitting he had gone through. The City Manager explained this was a Building permit fee and perhaps that can be addressed, but tonight we need to maintain focus on Growth Management fees. Mayor Hill said that sometimes City staff is required to enforce fire codes even though it is not our fee so we get the black eye, and agreed that building fees should be discussed at another meeting. Ms. Coy noted that land clearing fees are relatively low and probably do serve a good function. Following some further discussion, it was the consensus of Council to go with the new highlighted chart (see attached). MOTION by Ms. Coy and SECOND by Mr. Gillmor to approve Resolution No. R -10 -44 with the highlighted chart. The City Manager said they will also change the language of Section 1 of the resolution and include the new chart as attachment A. Damien Gilliams said this is good but it is peanuts and it should all be waived tonight, that we give airport deferments and have millions in reserves. Ms. Coy excused herself from the meeting at 7:47 pm. 7 Regular City Council Meeting November 17, 2010 Page Eight Mr. Gilliams continued. Mayor Hill called recess at 7:49 pm to have a full Council for the vote. He reconvened the meeting at 8 pm. All members were present. Result of Roll Call Vote: Ayes: All Nays: None Passed 5 -0 10.152 D. Indian River County Legislative Delegation Meeting December 3, 2010 135 -137 (City Manager Transmittal, Mayfield Letter) The City Manager said he wanted to flag this item for Council to discuss items they may want to bring forward to the Legislative Delegation meeting, advising they want no turkey projects. He said Council could also appoint a spokesperson if they choose. Mr. Wright said he had reviewed last year's delegation packet, which included a request to participate outline, and questions what other parties an applicant may have discussed the issue with. He said we kind of missed the timeframe on this but he had some concerns he wanted to discuss including State regulations of pension costs which are bankrupting cities. Mayor Hill recommended Council discuss each issue and then move on and agreed one of his concerns was the need to change pension laws, another of the unfunded mandates from the State. He said a wave is ready to roll in on us and pension law is going to be important this year. Ms. Coy said her only request would be to stop the unfunded mandates that burden cities. Mayor Hill said he will count on staff to provide the information. Mr. Wright said we pay taxes to St. Johns River Water Management District, said they are difficult to work with and he objects to their police powers in Sebastian, citing warnings and fines being received by residents for watering because SJRWMD's watering plan is different than that of the City. He said he would rather see SJRWMD spend money to develop additional water resources for anticipated growth rather than spending their money on the police powers given to them by the State. Mr. Wolff agreed and said the irony is that citrus growers and other commercial can get exemptions from the State for watering, but they are going after soft targets. Mr. Wright said he has heard rumors that other areas want our water, noting Orlando is desperate for water, and wondered if we will lose our supply if they divert water to areas with more political power. Ms. Coy said we pay taxes to SJRWMD and yet have no say in its regulation. Mr. Wright noted the board is appointed by the governor. 8 Regular City Council Meeting November 17, 2010 Page Eight Ms. Coy said she may disagree on water usage issues but Mr. Wolff makes a good point, said that SJRWMD rules supersede our ordinances, and said we should question whether we can have regional representation on the board. She said the City has been very responsible with water usage. Mayor Hill said Sebastian was one of the earliest to establish water restrictions. Mr. Wolff said the board is segmented to regions and there is a local member, that you can attend their meetings in Palatka, though not many do, and they are receptive but they are operating in isolation because so few attend. Mayor Hill asked what input Council wants for the delegation meeting. Mr. Wright reiterated St. Johns River Water Management police powers, noting they spend $600,000 on water police and he objects to that scenario, and would rather they expand water supplies, citing South Florida Water Management District which currently has nineteen water expansion projects in the works. The City Manager recapped and Mayor Hill asked Mr. Wright if he was asking them to relax water restrictions, and Mr. Wright responded that his concern was for their ability to enforce their regulations that are different than the City's regulations. Ms. Coy said if they are going to enforce residential use, let's enforce commercial usage. The City Attorney said the Constitution and the Statutes provide for home rule, and unfunded mandates undercut home rule, that regional authorities like SJRWMD substitute their priorities for yours and do the work that belongs to local government. He said he thinks they might do well to approach the delegation with the concept of preserving and enhancing home rule. He said the Legislature should not enact unfunded mandates, and there ought to be a schedule of repeal of unfunded mandates, especially with a down economy and that should be their priority, reiterating the bedrock is home rule and it is already in the Constitution. In response to Mayor Hill, the City Manager reported he attended the Treasure Coast Regional League of Cities meeting today with Council Member Gillmor and they had a speaker who spoke about Consultants Competitive Negotiations Act reform, which a number of cities are struggling with this as projects are drying up, and asked if this was something they might want to bring to the delegation. He said he wants to bring a resolution passed by TCRLC today supporting reform back to Council for their consideration. Mr. Gillmor resolution said he will take the approved TCRLC resolution to the Florida League of Cities legislative meeting on Friday. He said he can provide that information to them, noting 30 cities have passed the CCNA reform resolution. Mr. Wright noted our delegation request letter has to be submitted by November 19. Mayor Hill recapped the bullet points: unfunded mandates, pension laws, SJRWD, CCNA reform, and home rule. 9 Regular City Council Meeting November 17, 2010 Page Ten Damien Gilliams said stimulus money isn't coming so we need to get creative. He said the Governor is talking about creating 700 jobs and whoever has infrastructure will get the jobs, so we need to talk to Fellsmere where there is land for infrastructure, said people on certain committees are available to get perks, we need moorings for the community, need to bring a plan to the delegation, and ask Representative Mayfield who is capable of getting funding. He said there is money in wi -fi, bio science, and bio medicine. Mayor Hill said clear direction has been given and it was decided that Mayor Hill will attend the delegation meeting and the City Manager will accompany him. 13. CITY ATTORNEY MATTERS none. 14. CITY MANAGER MATTERS The City Manager reported on the following projects /issues: Powerline Road will schedule update by Master Moler for December 15 agenda to ask Council for a "go" or "no go" to go to bid on the project at that time Progress on FEMA maps by Growth Management and Building Department Barber /Schumann project Airport Hangar B bids out and interviews scheduled Quarter round project cost decrease by 1/3 Barber Street repaving project status quo Other street paving projects on schedule and going well South Easy, Periwinkle, Laconia M.C. Miller agreed to another year of allowed parking at the old Walmart site for City events to 12/31/11 Received consensus to conduct a Council workshop on the Building Department at 5:30 pm prior to 12/1/10 Regular Meeting (subsequently incorporated into the regular meeting agenda) Reported that survey boxes were placed in the Building and Growth Management Departments for public input and will check to be sure the survey is on -line 15. CITY CLERK MATTERS The City Clerk announced the Christmas parade on Saturday, December 4, 2010 at 6 pm from Main Street boat ramp south on Indian River Drive to Riverview Park and arrival of Santa Claus in the park. 16. CITY COUNCIL MATTERS A. Mayor Hill 10.153 i. Appointments to County and Regional Boards and Committees (City 139 -146 Clerk Transmittal, Liaison List) See updated liaison list attached to minutes. 10 Regular City Council Meeting November 17, 2010 Page Eleven 10.146 ii. Assignments to Monitor County Commission Meetings (City Clerk 147 Transmittal) See assignment schedule attached to minutes. iii. Other Matters Mayor Hill said it was nice to see a local contractor get the quarter round project. He asked if everyone was happy with the current City Council meeting procedures resolution and there was consensus to leave the resolution as is. B. Vice Mayor Wright None C. Council Member Coy 10.034 i. Joint Meeting with the School Board (no backup) Ms. Coy asked if any other members of Council would like to pursue the joint meeting with the School Board discussed at the beginning of the year which was never formalized. She said she would like to discuss opening doors to school facilities to other groups and Mr. Wolff agreed he would like to see better use of facilities, and said Board member Disney Brombach had told him they were looking for a general get together. Mayor Hill got a consensus to send a correspondence to the School Board for a joint workshop. Ms. Coy reported on a meeting with the Senior Resources Center and there will be a Senior Services Fair in the Council Chambers on January 20, 2011 from 2 5 pm and announced that Indian River County is going to write our own north county newsletter; and reported she will be meeting with members of the Ecumenical Council on the issue of sale of alcoholic beverages by restaurants in proximity to churches and received consensus of Council to place an item on the December 1, 2010 agenda in regard to this issue. D. Council Member Gillmor Council Member Gillmor reported he had been working with Joe Griffin to get economic development moving and will be meeting with a Larry Pelton in St. Lucie, who had been responsible for bringing Torrey Pines to St. Lucie County. He said in light of Council efforts to be pro- active, citing City retirement and business websites, the Chamber had put together a list of 1900 businesses in six or seven states and with the assistance of Mr. Griffin they had created a script from the office of the Mayor to be used to make calls to introduce the City of Sebastian. Mayor Hill said he would like to see this on the December 1 agenda, however, following input by Mr. Wright about the economic development presentation that will take place at a meeting in January, it was decided this would be a more appropriate time to do this rather than piecemeal the subject. 11 •J Regular City Council Meeting November 17, 2010 Page Twelve Ms. Coy agreed we need our own Economic Summit and Mayor Hill agreed that Mr. Gillmor's request could be part of that discussion. Mr. Gillmor asked for concurrence to continue to make the promotional phone calls and there was no objection. E. Council Member Wolff Mr. Wolff said he had been approached by representatives of Sea Scouts to utilize the twin piers to dock their sailboats, noting they said they had also spoken to Mr. Wright, and Mr. Wolff thought it should be discussed. Mr. Wright said a written proposal is supposed to be provided and he had told them he would not bring it to Council until that was received. Ms. Coy asked if they were using the Yacht Club and the City Manager said he was not sure and would check. He said this is really a staff matter, asked that the written proposal be given to him when received, that the dock issue may be problematic due to restrictions in existing codes, and that he had tried to help the Sea Scouts out in the past and there had been some issues. 17. Being no further business, Mayor Hill adjourned the regular meeting at 9:07 p.m. Approved at the December 1, 2010 Regular City Council meeting. BY: ATTEST: Jim Hill, Mayor Sally A. Maio, MMC City Cleric 12 MPO Tech. Adv. Comm. MPO Bikepath Comm. SEBASTIAN CITY COUNCIL MEMBERS LIAISONS TO COUNTY AND REGIONAL BOARDS 2010 AFFORDABLE HOUSING ADVISORY COMMITTEE (Indian River County) Current Member: Location: Time: Frequency: Secretary: ECONOMIC DEVELOPMENT COUNCIL (Indian River County) Current Member: Alternate: Location: Time: Secretary: City Manager, Al Minner IRC County Admin Building Room B1 -501 9:30 am Quarterly, next meeting 2/16/11 Beth Casano 226 -1447 BEACH AND SHORE PRESERVATION COMMITTEE (Indian River County) Current Member: Alternate: Location: Time: Secretary: Mayor Jim Hill Council Member Andrea Coy IRC Admin Building B Vero Beach Room B1 -501 3rd Monday of Each Month 3 pm Terry Lister Collins 226 -1440 Council Member Andrea Coy Vice Mayor Don Wright IRC Administration Building B Vero Beach Rm B1 -501 3 Tuesday of Each Month 3 pm Terry Lister Collins 226 -1440 METROPOLITAN PLANNING ORGANIZATION (2 MEMBERS) Current Members: Council Member Eugene Wolff Council Member Richard Gitlin Alternates: Vice Mayor Don Wright Mayor Jim Hill Location: IRC Administration Building B Vero Beach Rm B1 -501 Time: 2nd Wednesday of each month 10:00 am MPO Citizen Adv. Comm. David DeVirgilio (1), Deryl Seemayer (2) (Judy Bewersdorf (alt) 1 Tuesday of month 2 pm Rebecca Grohall, Growth Mgmnt Director, Alternate vacant Jerry Converse, Public Works Director Alternate Brian Grzesiak Joe Griffin, Airport Director 4th Friday of month 10:00 am Susan Mulcahy Alternates Chris McCarthy Quarterly 2:00 pm Recording Secretary: IRC Commission Office 226 -1490 Phil Matson secretary /agenda packet: Sharon Schalm 226 -1672 SCHOOL CONCURRENCY ELECTED OFFICIALS OVERSIGHT COMMITTEE (Indian River County) Member (always Mayor): Mayor Jim Hill Secretary: Maria Bowdren 226 -1242 Location: IRC Administration Building B Time: Meets 2 week July each year SCHOOL CONCURRENCY CITIZENS OVERSIGHT COMMITTEE (Indian River County) Member: Mary Wolff Secretary: Maria Bowdren 226 -1242 Location: IRC Administration Building B Room B1 -501 Time: Meets annually in April SCHOOL CONCURRENCY STAFF WORKING GROUP and TECHNICAL ADVISORY Staff Working Group: Current Member: Rebecca Grohall Location: County Administration Building Time: 2nd Friday of February and August each year Secretary: Maria Bowdren 226 -1242 School Planning Technical Advisory Committee: Current Members: Rebecca Grohall, Chris McCarthy Location: County Administration Building Time: as needed Secretary: IRC Commission Office 226 -1490 SEBASTIAN RIVER AREA CHAMBER OF COMMERCE (local) Current Member: Vice Mayor Don Wright Alternate: Council Member Andrea Coy Location: Chamber of Commerce Office 700 Main St. Sebastian Time: 2nd Wednesday of Month 8:00 am TOURIST DEVELOPMENT COUNCIL: (Indian River County) Current Member: Mayor Jim Hill Alternate: Council Member Richard Gillmor Location: IRC Administration Building B Commission Chambers Time: Meets quarterly on call Secretary: Ann Demko 226 -1214 TREASURE COAST COUNCIL OF LOCAL GOVERNMENTS: (Regional) Current Member: Council Member Richard Gillmor Alternate: Mayor Jim Hill Location: St. Lucie Administration Bldg. 2300 Virginia Avenue, Room 3 Ft. Pierce, FL 34982 Time: 1 Wednesday of Month 10:00 a.m. Chairman: Jacqui Thurlow Lippisch, Town of Sewall's Point Vice Mayor Secretary: Valerie Meyer 2 TREASURE COAST LEAGUE OF CITIES: (Municipalities from Four Counties Sponsored by FLC) (was formerly Council of Public Officials) Current Member: Council Member Richard H. Gillmor Alternate: None at this time Location: (changes by president) Time: Meets every other month usually 3` Wednesday Coordinator: Sally Maio TREASURE COAST REGIONAL PLANNING COUNCIL: (Regional) Current Member: Mayor Jim Hill Alternate: Town of Indian River Shores Location: 421 SW Camden Avenue, Stuart, FL 34994 Time: 3rd Friday of Month 9:30 A.M. (call ahead for any changes) Contact: Liz Gulick Phone: 772- 221 -4060 Suncom: 269 -4060 Fax: 772 221 -4067 E -Mail: admin @tcrpc.org MS -IRC and REG BOARDS Revised 11/18/10 2011 Indian River County Commission Monitoring List December Wright January Hill February Gillmor March Coy April —Wolff May Wright June Hill July Gillmor August Coy September —Wolff October Coy November Hill Subject: Award Bid to Lanier Plans dba KorKat to install two shade canopies for the Splash Pad at Riverview Park. Ap ro .d for Submittal by: City Manager J J Agenda No. 0 h ;j Department Origin: Finance Director: City Attorney: City Clerk: Date Submitted: November 23, 2010 For Agenda of: December 1, 2010 1 inner Exhibits: Bid Tabulation Sheet, Proposal price form, Company Information, References and Drawing EXPENDITURE REQUIRED: $20,612.14 AMOUNT BUDGETED: $50,000.00 APPROPRIATION REQUIRED: None air ix S EBA 7 HOME OF PELICAN ISLAND CITY OF SEBASTIAN AGENDA TRANSMITTAL SUMMARY Staff solicited Request for Proposals for two single cantilever shade canopies for the Splash Pad at Riverview Park. 14 proposals were received and reviewed by staff. The bids ranged from $16,745 to $51,172. The project budget is $50,000. In reviewing the bids, staff believes that the two low bids can not be accepted. The low bidder, US Shade Fabric covers bid only one of the structures, making their bid inaccurate (see attached e- mail). The next low bidder, No Equal Design Corporation did provide all the required bid documents. As a result (1) no references were provided and (2) the Public Entity Crime Form was completed incorrectly. The third low bidder, KorKat completed all information. Staff has reviewed their bid and references and believes they have responded correctly to the bid specifications. RECOMMENDED ACTION Staff recommends bid award bid for installation of a two (2) single lever shade canopies for the Splash Pad to Lanier Plans, Inc dba KoKat of Carrollton, Georgia in the amount of $20,612.14. SHADE CANOPIES /RIVERVIEW PARK SPLASH PAD OPENED: OCTOBER 28, 2010 2:00 P.M. Canopy Cost Installation Delivery Total Bid Price US Shade Fabric Structures 8505 Chancellor Row Dallas, Texas 75247 1 -214- 905 -9500 7,935.00 9,350.00 16,745.00 No Equal Design Corp. 14021 SW 143 Ct. Miami, FL 33186 1- 305 071 -5177 12,090.00 5,800.00 18,890.00 KoKat 221 Cable Industiral Way Carrollton, GA 30117 770 214 -9322 9,667.94 10,944.20 20,612.14 Taylor Supply LLC 125 Palmetto Drive Davenport, FL 33897 1- 863 424 -5032 12,450.00 8,350.00 20,800.00 Alpha Playgrounds Service, Inc. 1946 Tiger Tail Blvd. Dania, FL 33004 1- 954 927 -4611 13,734.00 7,200.00 20,934.00 REP Services 902 Waterway Place Longwood, FL 32750 -3545 1-407- 831 -9658 11,041.40 11,906.90 22,948.30 Playmore Recreational Products Supply 10271 Deer Run Farms Rd., St. 1 Ft. Myers, FL 33966 1- 239 791 -2400 10,600.00 12,400.00 23,000.00 Think Shade, LLC 5528 Crepe Myrtle Circle Oviedo, FL 32768 407 760 -8580 11,304.00 12,375.00 23,679.00 Play It Safe LLC 3490 7th Place, SW Vero Beach, FL 32968 772 643 4414 15,284.00 9,108.00 24,392.00 Shade Systems 4150 SW 19th Street Ocala, FL 34474 1- 352 237 -0135 13,044.00 11,740.00 24,784.00 Santa Cruz Construction, Inc. 4205 N. Courtnenay Pkwy. Meritt Island, FL 32953 321 -452 -3190 15,978.00 15,000.00 30,978.00 Play Space Services 3125 Skyway Circle Melbourne, FL 32934 321 775 -0600 19,278.00 16,913.24 36,191.24 Regal Contractors, Inc. P.O. Box 20075 West Palm Beach, FL 33416 -0075 1- 561- 906 -7321 21,960.00 14,770.00 36,730.00 Hoover Canvas Products 6107 Australian Avenue West Palm Beach, FL 33407 1- 561 844 -444 35,820.04 15,351.96 51,172.00 RFP RESULTS RFP SHADE CANOPY FOR SPLASH PAD PROPOSAL PRICE FORM The undersigned having become thoroughly familiar with all of the Proposal Documents incorporated herein, hereby proposes to perform everything required to be performed in strict conformity with the requirements of these documents, meeting or exceeding the specifications as set forth herein for the price(s) quoted below. The price(s) quoted is (are) inclusive of any Addenda which may be issued.. By the signature below, the Vendor agrees that this Proposal 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 proposal is in all respects fair and without collusion or fraud. If awarded any work under this proposal, the Vendor agrees to enter into said agreement within ten (10) consecutive calendar days notice by the City, and agrees to all the terms and conditions of all documents stated herein with the City of Sebastian for the below stipulated price which shall remain firm for sixty (60) days following proposal opening date. TWO 19FT. WIDE X 30FT. LONG X 10FT. HIGH SINGLE CANTILEVER SHADE CANOPIES INSTALLATION INCLUDING DELIVERY AND PERMITTING WITH PROFESSIAL ENGINEER SEALED DRAWINGS TOTAL PRICE Authorized Signature Lanier Plans, Inc. dba Korkat 221 Cable Industrial Way Carrollton, GA 30117 Firm Name Address Printed Name e Gt-L.(../ (770)214 -9322 9 7 7 .9 /O, 94 20 Q20, &/a NOTE: VENDOR WARRANTS TOTAL DELIVERY, INSTALLATION AND COMPLETION TIME SHALL NOT EXCEED 75 CONSECUT CALENDAR D .h2 Title A0/ Date S "gned Phone Number Item Description Qty Cost Total MISC. 1 DOME 30 X 19 X 10 CANTILEVERED SOLAR N e-. 5,37L08 10,742.16T SHADE STRUCTURE 4 EMBEDDED COLUMNS W/ GLIDE ELBOW DISCOUNT 10% DISCOUNT 10% 10.00% 1,074.22 SUBTOTAL 9,667.94 DRAWINGS ENGINEERING DRAWINGS 550.00 550.00 PERMITTING PERMITTING 1,200.00 1,200.00 INSTALL AMEN... INSTALL OF AMENITIES 7,878.20 7,878.20 FREIGHT FREIGHT 1,316.00 1,316.00 Total sales tax calculated by AvaTax ST 0.00 0.00 tact nntn tier cno/ Ae..,...:• _.......__a -c PLe4e6P_OutuD5/atE5 InenatuAriont 221 Cable Industrial Way Carrollton GA 30117 Name Address Ship To Riverview Park Sebastian, FL 32958 Prices quoted are good for 15 days and are subject to total purchase, except for shipping which is subject to market changes. Installation prices assume normal soil conditions and does not include rock excavation. Phone 770 214 -9322 Fax E -mail Riverview ark L 32958 Subtotal Total Estimate Date Estimate 10/27/2010 11049 Rep Project KT Sales Tax (0.0 $20,612.14 $0.00 $20,612.14 770 214 -9323 rebekaht @korkat.com Signature Date Description Proposal 10/20/2010 SOLAR SHADE STRUCTURE HIP DESIGN 21992 29.5 13.7 ;.87 19 i 60.25 Feet 560. 5007 10 19.45 30 Square 4 L 13 \P Embedded 2.4 X 2.4 X 3 Reinf. 3 #5 EW Footer Multiple caps 3.6 X 3.6 X 3 Reinf. 5 #5 EW Reebar Total: 34 SEW Concrete Total: 8.00 Cy QTY Rows 1 L W H DESCRIPTION 2 1 Dome 29.5' X 19' X 10' SOLAR SHADE STRUCTURE HIP DESIGN 4 4 EMBEDDED COLUMNS POWDER COATING COLUMNS HOOPS STEEL COLOR TO BE SELECTED FABRIC COLOR: TO BE SELECTED Design by Design for SUPERIOR SH AD E KORKAT REBEKAH TRUETT 770- 214 -9322 Fax: 770 214 -9323 206 Adamson Industrial Blvd, GA 30117 TeI:888- 829 -8997 Fax: 770 834 -2764 www.skyspanstructures.com Email :Sales @skyspanstructures.com *Quote includes dealers commission THE INCLUSION OF THE SWORN STATEMENT OR AFFIDAVIT SHALL BE SUBMITTED CONCURRENTLY WITH YOTJR QUOTE OR BID DOCUMENTS. NON- INCLUSION OF THIS DOCUMENT MAY NECESSITATE REJECTION OF YOUR QUOTE OR BID. SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted with Bid, Proposal or Agreement No. for THE CITY OF SEBASTIAN. 2. This sworn statement is submitted by Lanier Plans, Inc. dba Korkat (name of entity submitting sworn statement) whose business address is 771 rahl P industrial Way, Carrollton, GA 301 rand (if applicable) its Federal Employer Identification (FEIN) is 8 6 —10 6 3 618 (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 3. My name is Shane Lanier (please print individual signing) and my relationship to the ententity nam dabovee is owner 4. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or Agreement for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 6. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: (1) A predecessor or successor of a person convicted of a public entity crime; or (2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. I understand that a "person" as :defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding Agreement and which bids or applies to bid on Agreements for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement or one or more of the officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND (Please indicate which additional statement applies.) There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order,) The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by or pending with the Department of General Services.) STATE OF FLORIDA G 00 KG 1 �4 COUNTY OF C.4- 2.12D L L Date: The foregoing instrument was acknowledged before me this 2.1 day of 0C1 2010 by Sao one. e,fe- t4.) eA✓' (title) on behalf of `Oc (cuts, c (name of partnership), a partnership. He /she is personally known to me or has produced I r1o1.3 e -}o m e as identification and did O did not $take an oath. Name: pf My Commission Expires: /8—,WO/ f Commission Number: V\j 000 83 does: 1. Date: l/ ZH 10 DRUG -FREE WORKPLACE FORM The undersigned Contractor, in accordance with Florida Statute 287.087 hereby certifies that Lanier Plans, Inc. dba Korkat Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug free workplace, any available drug counseling, rehabilitation, employee assistance programs and the penalties that may be unposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in Paragraph 1. 4. In the statement specified in Paragraph 1, notify the employees that, as a condition of working on the cominodities or contractual services that the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to any violation of Chapter 1893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a implementation of Paragraph 1 through 5. As the person authorized to sign this statement, I certify with the above requirements. drug free workplace through that this firm complies fully STRETCH STENTORED Tear Tests (lbs) WARP 31 lbs /inch WEFT 34 lbs /inch Burst Tests (Kn) 3.7Kn Fabric Weight (oz/m2) 9.38 to 10.32 oz. sq, yd. Fabric Width 10' Roll Length 150' Roll Size 63" x 16.5" Weight 120 lbs. Life Expectancy 10 years Fading Minimum fading after 6 years. 3 years for red. Temperature 22 degrees Maximum Temperature 167 degrees 1.01 FABRIC SPECIFICATIONS FABRIC SHADE STRUCTURE SPECIFICATIONS S aMwrs:.> A. UV shade fabric is made of UV stabilized cloth manufactured by ALNET, or approved equal. B. The high density polyethylene material shall be manufactured with tensioned fabric structures in mind. C. The fabric knit is to be made using monofilament and tape filler which has a weight of 9.38 to 10.32 oz. sq. yd. Material to be Rachel knitted to ensure material will not unravel if cut. D. Burst strength of 3.7Kn. E. Cloth meets fire resistance tests as follows: Alnet Extra Block: California State Fire Marshall Reg. #F -50303 Others: NFPA 701 -99 (Test Method 2) ASTM E -84 F. Fabric Properties 1.02 THREAD A. Shall be 100% expanded PTFE fiber which carries an 8 year warranty that is high strength and low shrinkage. B. Shall have a wide temperature and humidity range. C. Abrasion resistant and UV radiation immunity. D. Shall be unaffected by non hydrocarbon based cleaning agents, acid rain, mildew, rot, chlorine, saltwater, and pollution. E. Lockstitch thread —1200 Denier or equal. F. Chainstitch thread 2400 Denier or equal. 1.03 STEEL TUBING A. All fabricated steel must be in accordance with approved shop drawings and calculations. B. All steel is cleaned, degreased or etched to ensure proper adhesion of powder -coat in accordance with manufacturer's specifications. C. All steel used on this project needs to be new and accompanied by the mill certificates if requested. Structural steel tubing up to 5 7gauge shall be galvanized per Allied Steel FLO -COAT specifications. Schedule 40 black pipe fabrications shall be sandblasted and primed as described below. D. All non hollow structural shapes comply with ASTM A -36, unless otherwise noted. E. All hollow structural steel shapes shall be cold formed HSS ASTM A -53 grade C, unless otherwise noted. F. Plate products shall comply with ASTM A -36. 1.04 POWDER COATING PRIMING A. All non galvanized steel shall be sandblasted and primed prior to powder coating using G50 steel grit. B. All non galvanized steel must be coated with rust inhibiting primer prior to applying the powder coat. Primer shall be Cardinal Industrial Finishes Corp. E396 GR1372 epoxy powder coating semi gloss smooth zinc rich primer. C. Welds shall be primed with rust inhibiting primer prior to applying the powder coat. Primer shall be Cardinal Industrial Finishes Corp E396- GR1372 expoxy powder coating semi gloss smooth zinc rich primer. ASTM Gloss at 60 degree 85 -95 HOI TM 10.219 PCI Powder smoothness 7 ASTM D2454 -91 Over -bake resistance time 200% ASTM D3363 -92A Pencil hardness H -2H ASTM D2794 -93 Dir/Rev Impact, Gardner 140/140 in/lbs ASTM D3359 -95B Adhesion, cross hatch 5B Pass ASTM D522 -93A Flexibility Mandrel 1 /4" dia. No fracture ASTM B117 -95 Salt Spray 1,000 hours UL DtOV2 Organic coating steel enclosures, elect eq. Recognized N.5.1 Electrostatic spray cold Substrate:0.032 in. CRS N.5.2 Cure Schedule 10 minutes at 400 degrees F N.5.3 Pretreatment Bonderite 1000 N.5.4 Film Thickness 3.5 Mils N.3.1 Specific gravity 1.68 -0.05 N.3.2 Theoretical coverage 114 4 fl 2 /1b /mil N.3.3 Mass loss during cure 1% N.3.4 Maximum storage temperature 75 degrees F F. Application Criteria 1.05 WELDING D. All steel parts shall be coated for rust protection and finished with a minimum 3.5 mil thick UV- inhibited weather resistant powder coating. E. Characteristics: Powder used in the powder -coat process shall have the following characteristics: E. Powder coating shall meet the following tests: A. All shop welds shall be executed in accordance with the latest edition of the American Welding Society Specifications. 3 B. Welding procedures shall comply in accordance with the AWS D1.1 -AWS Structural Welding Code Steel. C. All welds to be performed by a certified welder. All welds shall be continuous where length is not given, unless otherwise shown or noted on drawings. D. All welds shall develop the full strength of the weaker member. All welds shall be made using E70xx.035 wire. E. Shop connections shall be welded unless noted otherwise. Field connections shall be indicated on the drawings. Field welded connections are not acceptable. F. All fillet welds shall be a minimum of 'A" unless otherwise noted. G. All steel shall be welded shut at terminations to prevent internal leakage. H. Internal weld sleeving is not acceptable. I. On -site welding of any component is not acceptable. 1.06 SEWING A. On -site sewing of a fabric will not be accepted. B. All corners shall be reinforced with extra non -tear cloth and strap to distribute the load. C. The perimeters that contain the cables shall be double lock stitched. 1.07 INSTALLATION HARDWARE A. Bolt and fastening hardware shall be determined based on calculated engineering loads. B. All bolts shall comply with SAE -J429 (Grade 8) or ASTM A325 (Grade BD). All nuts shall comply with ASTM F -594, alloy Group 1 or 2. C. Wire rope cable shall be 7x19 strand galvanized wire rope with a breaking strength of 7,000 lbs. (1/4" diameter) for shades generally under 1400 sq. ft. unless requested larger by the customer. For shades >1400 sq. ft. cable shall be 5/16" @9800# breaking strength. D. All fittings required for proper securing of the cable are hot dipped galvanized. 1.08 CONCRETE A. Concrete work shall be executed in accordance with the latest edition of Temperature Range Accelerator Type Accelerator 75 -80 degrees 1% High Early (non calcium) 70 -75 degrees 2% High Early (non calcium) Below 70 degrees 3% High Early (non calcium) 1.09 FOOTINGS American Concrete Building Code ACI 318 unless specified by the governing municipality. B. Concrete specifications shall comply in accordance with, and detailed as per plans as follows: 1. 28 Days Strength F'c 3000 psi 2. Aggregate: HR 3. Slump: 3 -5 4. Portland Cement shall conform to C -150 5. Aggregate shall conform to ASTM C -33 C. All reinforcement shall conform to ASTM A -615 grade 60. D. Reinforcing steel shall be detailed, fabricated and placed in accordance with the latest ACI Detailing Manual and manual of Standard Practice. E. Whenever daily ambient temperatures are below 80 degrees Fahrenheit, the contractor may have mix accelerators and hot water added at the batch plant (See Table 1). F. The contractor shall not pour any concrete when daily ambient temperature is below 55 degrees Fahrenheit. A. All anchor bolts set in new concrete shall be ASTM A -325 B. All anchor bolts shall be hot dipped galvanized. C. Footings shall be placed in accordance with and conform to engineered specifications and drawings. S SUPERIOR co mpany- Isll WARRANTY General Conditions: The warranty set forth shall be the purchaser's sole and exclusive warranty. All warranties below are effective from the date of installation by Superior Shade, its subsidiaries or agents. Superior Shade reserves the right to repair or replace any item covered by this warranty. This warranty will be void if the structures are not paid for in full. The warranty is void if the structures are not installed in strict compliance with the manufacturer specifications. Purchaser shall notify Superior Shade or its agent in writing detailing any defect for which a warranty claim is being made. Superior Shade shall not in any event be liable for indirect, special, consequential or liquidated damages. Superior Shade specifically denies the implied warranties of fitness for a particular purpose and merchantability. The warranty is void if any changes, modifications, additions or attachments are made to the structures or fabric without the written consent of the manufacturer. No signs, objects, ornaments, fans, lights, fixtures or decorations may be hung from the top part of the structure, unless specifically designed and engineered by the manufacturer. These items may interfere with the fabric causing the warranty to be voided. Thread: Shall be 100% expanded PTFE fiber that is high strength and low shrinkage which carries a 10 year warranty. This warranties that the sewing thread will be free from defects in material and workmanship and will not be damaged by exposure to sunlight, weather and water. All other warranties are disclaimed. Labor for the removal, installation and /or freight charges, or tops with damage caused by thread will only be covered in instances where Superior Shade had installed the shade structures. In all cases where shade structures were not installed by Superior Shade or its agents, all labor for the removal, installation and /or freight will be at the customers' expense and the warranty will only be applicable to the repair or replacement of the defective materials. Rev. 020410 page 1 of 3 Fabric: Superior Shade fabrics carry a ten -year limited manufacturers warranty from the date of installation against failure from significant fading, deterioration, breakdown, mildew, outdoor heat, cold or discoloration. Should the fabric need to be replaced under the warranty, Superior Shade will manufacture and ship a new fabric at no charge for the first six years, thereafter pro -rated at 18% per annum over the last four years. All fabric curtains, valences and flat vertical panels are not covered under the warranty. Fabric is not warranted where it is installed on a structure that is not engineered and built by Superior Shade or its agents. This warranty shall be void if damage to or failure to the shade structure is caused by contact with chemicals, misuse, vandalism or any act of God, including but not limited to, ice, snow or wind in excess of the applicable building code parameters. All fabric tops are warranted for sustained winds up to 76mph (hurricane force 1) and for gusts of up to 3 seconds duration up to 90mph with no snow or ice accumulation. The structures have been designed to eliminate any friction between the rafters and the fabric. The warranty will, therefore, be voided if any modification (temporary or permanent) is made to the rafter, cross pieces or ridge beams. Labor for the removal, installation and /or freight charges will be covered in full for a period of twelve months where the shade structures supplied and installed by Superior Shade are defective. In all cases where the shade structures are not installed by Superior Shade or its agents, all labor for the removal, installation and /or freight will be at the customers' expense and the warranty will only be applicable to the repair or replacement of the defective materials. Superior Shade reserves the right, in cases where certain fabric colors have been discontinued, to offer the customer a choice of available colors to replace the warranted fabric of the discontinued color. The company does not warranty that any particular color will be available for any period of time and reserves the right to discontinue any color for any reason it may determine, without recourse by the owner of the discontinued fabric color. Steel: The structural steel frames are covered for a period of twenty years against failure due to rust through corrosion or faulty workmanship. Workmanship is warranted for a period of five years. The powder coat finish is warranted for a period of ten years. This steel and finish warranty shall be void if damage to the steel frame or paint finish is caused by contact with chemicals, misuse, vandalism or any act of God, including but not limited to, ice, snow or wind in excess of the applicable building code parameters. Acts of Nature: This warranty does not cover natural disasters, such as earthquakes, shifts of terrain or tornados. If the structure is installed in an area exposed to hurricanes, removal of the shade fabric is required when a hurricane warning is issued. Rev. 020410 page 2 of 3 Acts of Nature: (continued) Structures are warranted for winds up to 150mph only if shade canopies have been removed as per requirement set forth above in the Fabric paragraph. Removal and reinstallation must be performed by an authorized Superior Shade installer unless otherwise specified in writing. Installation: Labor for the removal, installation and /or freight charges will only be covered in instances where Superior Shade or its agents have installed the shade structures. In all cases where units were not installed by Superior Shade or its agents, all labor for the removal, installation and /or freight will be at the customers' expense and the warranty will only be applicable to the repair or replacement of the defective materials. Rev. 020410 page 3 of 3 Playgrounds Site amenities 221 Cable Industrial Way Carrollton, GA 30117 770 -214 -9322 770 -214 -9323 FAX www.korkat.com COMPANY RESUME Incorporated in the State of Georgia OWNER/OFFICER Shane Lanier Owner /President COMPANY INFORMATION February 12, 2003 Founded in 2003, KORKAT's success is reflected in three primary commitments: To provide remarkable customer service. To be a reliable and accurate consultant on any playground endeavor you undertake. To offer the highest safety standards in the. industry. KORKAT offers a wide array energetic, inventive, and supportive play. From grading to set up and even future service of the equipment, KORKAT doesn't disappear after the sale. In short, it is a turnkey operation. Products include: Commercial, Residential, and Indoor Playgrounds and Parts Water Play Products and Waterslides Skate Parks Site Amenities Shade Structures and Metal Shelters Exercise Equipment Dog Parks Surfacing: Pour -In- Place, Rubber Mulch, Engineered Wood Fiber Mulch, Bonded Rubber, and Artificial Turf Playland 150 Adamson Industrial Blvd. Carrollton, GA 30117 Contact: Tracy Wiley Phone: 770- 834 -6120 Spreadtech 5456 Peachtree Industrial Blvd. Suite 304 Atlanta, GA 30341 Contact: Andy Erler Phone: 678 878 -8649 McIntosh Commercial Bank 820 Dixie Street Carrollton, GA 30117 Contact: Christine Smith Phone: 770 834 -6800 BH Construction 2626 Howell Street Suite 865 Dallas, TX 75204 Contact: Debbie Pierce Miles Properties 3500 Lenox Road Suite 800 Atlanta, GA 30326 Contact: Andy Tsangarides Phone: 404 665 -2087 CREDIT REFERENCES BANK REFERENCE 2 SII 1050 Columbia Drive Carrollton, GA 30117 Contact: Brian Campbell Phone: 770 832 -6660 WebCoat PO Ox 3160 Mcalester,OK. 74502 Contact: Troy Stephens Phone: 18005055101 PROPERTY MANAGEMENT REFERENCES Boyd Management PO Box 23589 Columbia, SC 29224 -3589 Contact: Autumne Smith Phone: 803 419 -6545 SM Bishop Company, Inc. 438 Grayson Parkway Grayson, GA 30017 Contact: Andrea Phone: 770- 277 -5848 Camp Lejeune Tarawa Terrace, NC 28543 Completed: February 2008 Contract Amount: $452,000.00 Lion's. Club Carrollton, GA 30117 Completed: June 2007 Contract Amount: $163,000.00 Glenwood Birmingham, AL 35242 Completed: January 2006 Contract Amount: $51,000.00 Carrollton Skate Park Carrollton, GA 30117 Completed: March 2006 Contract Amount: $124,000.00 COMPLETED JOBS OFFICERS AND SALES REPRESENTATIVES Shane Lanier has been in the playground industry for the past 16 years. He and his staff have a combined total of over 36 years of experience. With over 45 sales representatives across the southeast, KORKAT can handle any playground or park need. It is obvious that KORKAT is all about the kids; in fact, the KORKAT name was actually inspired by Shane's daughters, Korin and Katie. 3 Laurel Bay Naval Base Beaufort, SC 29906 Completed: March 2006 Contract Amount: $535,000.00 McDonough Academy McDonough, GA 30253 Completed: January 2007 Contract Amount: $61,000.00 Easter Seals Camp Ascca Jacksons Gap, AL 36861 Completed: April 2008 Amount: $216,000.00 Virgin Islands Housing Authority St. Thomas, USVI 00801 Completed: December 2007 Contract Amount: $105,000.00 Chris McCarthy From: Kerry Thiessen [kerrythiessen @gmail.com] Sent: Wednesday, November 10, 2010 8:38 AM To: Chris McCarthy Subject: Shade, Riverview Park Attachments: Riverview 10 -21 30x19x10 canti DWG.pdf Good morning Chris, per our conversation from yesterday, I spoke with our manufacturer (they double checked) and they have met and /or exceeded all of the bid specifications per your bid docs (pages 4, 5, and 6, Doc20101007114708) for Riverview Park, when preparing your quote. The `Turn N- Slide' is the same as our 'Glide Elbow' which is designed for a quick release for removal of the fabric in case of inclement weather and is designed for easy re- installation. We use a Zink Rich Primer as indicated in your specifications as Zinc Rich Plating, and we use all stainless steel hardware. All other design specifications are the same. Please contact me with any questions; I am available at your convenience to meet at your office or the site to review the information and to answer any questions you or the City may have. Thank you, I am looking forward to working with you. Sincerely, Kerry Thiessen Korkat Playgrounds and Park Amenities Kerry Thiessen 1660 Renaissance Commons Blvd Unit 2623 Boynton Beach, Fl 33426 Phone: 561 859 -3596 Fax 770 214 -9323 kerrythiessenna kerryt @korkat.com www.korkat.com 11/23/2010 Page 1 of 1 RFP SHADE CANOPY FOR SPLASH PAD PROPOSAL PRICE FORM The undersigned having become thoroughly familiar with all of the Proposal Documents incorporated herein, hereby proposes to perform everything required to be performed in strict conformity with the requirements of these documents, meeting or exceeding the specifications as set forth herein for the price(s) quoted below. The price(s) quoted is (are) inclusive of any Addenda which may be issued. By the signature below, the Vendor agrees that this Proposal is made without any other understanding, agreernent, or connection with any person, corporation, or firm submitting a bid for the same purpose and that the proposal is in all respects fair and without collusion or fraud'. If awarded any work under this proposal, the Vendor agrees to enter into said agreement within ten (10) consecutive calendar days notice by the City, and agrees to all the terms and conditions of all documents stated herein with the City of Sebastian: for the below stipulated price which shall remain firm for sixty (60) days following proposal opening date. TWO 19FT. WIDE X 30FT. LONG X 10FT. BIGH SINGLE CANTILEVER SHADE CANOPIES INSTALLATION INCLUDING DELIVERY AND PERMITTING WITH FROFESSIAL ENGINEER SEALED DRAWINGS TOTAL PRICE 31,291.50 NOTE: VENDOR WARRANTS TOTAL DELIVERY, INSTALLATION AND COMPLETION TIME SHALL NOT EXCEED CONSECUTIVE CALENDAR DAYS. 10/26/2010 J.D. Sarembock Firm Name Address Title 214- 905 95.00. 14,900.00 16,391.50 Authorized Signature Printed Name USA SHADE Fabric Structures, Inc. 8505 Chancellor Row Dallas, TX 75247 Chief Financial Officer Date Signed Phone Number Chris McCarthy From: Terrie Hall [thall @usa- shade.com] Sent: Friday, November 12, 2010 3:00 PM To: Chris McCarthy Cc: Dale Campion Subject: Shade Canopies For Splash Pad updated bid forms Attachments: City of Sebastian.pdf City of !bastian.pdf (7 M Please review the amended proposal. I really appeciate it. I added additional informational for your review and we hope to hear from you soon. Thank you, Terrie Hall USA Shade Fabric Structures, Inc. 972 354 -6549 Direct 214- 905 -9514 Fax USA SHADE FABRIC Structures brands are: FabriTec Structures Sun Ports Shade Structures Vehicle Protection Structures (VPS) 1 F Subject: R -10-45 Indian River County Local Mitigation (LMS) A o j r Submittal by: Strategy Agenda No. /0C /5 Department Origin: City Attorney: City Manager City Clerk: Date Submitted: 23 NOV 10 City Manager PENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: N/A ana SEB TIAN HOME OF PELICAN ISLAND AGENDA TRANSMITTAL SUMMARY Over the last several months Indian River County Emergency Management staff and local municipalities have been working to update the Indian River County Local Mitigation Strategy. The purpose of the LMS Plan is to: "...develop a unified approach among County and municipal governments for dealing with identified hazards and hazard management problems in the Indian River County area. This strategy will serve as a tool to direct the County and municipal governments in their ongoing efforts to reduce their vulnerabilities to impacts produced by both the natural, technological, and societal hazards to which southeast Florida is exposed. The strategy also will help establish funding priorities for currently proposed mitigation projects and for such disaster assistance funds as may be made available for disaster mitigation activities." Because of the size of the LMS Plan (371 pages) the full plan was not included in your agenda packets. However, it can be reviewed at: http://wwvv.ircgov.com/Boards/LMS/Index.htm The Clerk's Office will also e-mail you the link. For Sebastian, the most important part of the plan is the project rankings. The rankings identify funding priorities. This list, as well as the resolution, has been attached for your review. RECOMMENDATION Staff recommends approval of the Indian River County LMS Plan and adoption of R -10- 45 1 Indian River County LMS Plan, Page 1 -1, Adopted June 2010 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE 2010 REVISED INDIAN RIVER COUNTY UNIFIED LOCAL MITIGATION STRATEGY PLAN, PROVIDING CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on November 16, 1999, Indian River County's Unified Local Mitigation Strategy (LMS) was adopted by Indian River County Resolution No. 99 -124; and, WHEREAS, the LMS plan requires periodic updates to comply with state and federal policies should Indian River County apply for Hazard Mitigation Grant program funds (HMCP); and, WHEREAS, the Local Mitigation Strategy Plan has a 2010 revision adopted by Indian River County Resolution No. 2010 -059 and the Federal Emergency Management Agency (FEMA) has approved all modifications and is now ready for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: SECTION 1. The "2010 REVISED INDIAN RIVER COUNTY UNIFIED LOCAL MITIGATION STRATEGY PLAN dated June 2010 as provided by Indian River County Department of Emergency Services, is hereby adopted. SECTION 3. REPEAL. All resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION 4. EFFECTIVE DATE. This resolution shall take effect immediately upon its passage. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Jim Hill Vice Mayor Don Wright Council Member Andrea Coy Council Member Richard Gillmor Council Member Eugene Wolff RESOLUTION NO. R -10 -45 The Mayor thereupon declared this Resolution duly passed and adopted this 1st day of December, 2010. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Jim Hill, Mayor Sally A. Maio, MMC City Clerk Approved as to Form and Content for Reliance by the City of Sebastian Only: Robert A. Ginsburg, City Attorney (SEAL) cn cn a v A c Project Priority is, ID N m W W Project Score h'ortable water storage system ,Study the feasibility and 'appropriateness of relocating the county dune stabilization setback line (DSSL) westward. 1 Fellsmere paving and drainage project cn fr CD 1 Retrofits to the county's public schools that serve as public shelters. Project Description $600,000 <12 months $50,000 2011 $15,889,032 >12 moonths IV rs) co $75,000 <12 months Estimated Project Cost Estimated Time of Completion Indian River Medical Center Cliff Schroeder Indian River County Community Development Roland DeBlois City of Fellsmere Jason Nunemaker Indian River County Emergency Management John King Applicant Install and connect a portable water tank to provide emergency water services to the hospital for patient care. Will mitigate potential impact to coastal /oceanfront structures by requiring an updated /appropriate oceanfront building setback to minimize coastal erosion damage. Paving and drainage project to reduce flooding and provide for safer and more efficient evacuations for residents. N O 5 C d 5 O Fe 0 0 0 A s m 3 tg d m m m 3 a @i m m e o d s (D 7 n V 7 r P3 —9- N pi 'O 2 d O 7< (D N N C d G FD O V N g 0 0 j, C y m R A 0 y y 0 d ry 0 r/ m C o v m 7 3 m 3 g. c a m m m cv d a 0- f 111 j V N _S m 2. a. C �1 V d l0 0 0- G y L''' g. -0 `G (D Ol ry 0 O N N m aa o Reduces vulnerability to wind and flood damage and provides for critically needed shelter (primary critical facilities) and reducing the county's safe shelter space deficit. Mitigation to be Accomplished Hurricane, Tropical Storm, Wellfield contamination, Terrorism Sabotage Beach erosion Hurricane, Tropical Storm and Flood Hurricane and Tropical Storm Hazards Mitigated All Jurisdictions City of Vero Beach Fellsmere Po All Jurisdictions Jurisdiction(s) Involved* HMGP Florida Inland Navigation District '(FIND), HMGP CDBG, HMGP, DRI, USDA, EDA Coastal Construction Building Zone Program; CDBG; DRI; HMGP; Hurricane Program; NFMF Possible Funding Sources Confirmed 10/2/2009 (Cliff Schroeder) Added 9/15/2009 Added 11/20/2009 co ID 0. (D Confirmed 9/8/2009 (John King) cn cn a v O_ v 3 CD 0 a Project Priority Project Score 87, fg- CD 7 co 3 -o ni a Prescribed bums in certain conservation areas vulnerable to wildfire. Revise Indian River Farms Water Control District (IRFWCD) elevation references from NGVD29 to NAVD88 to reduce potential for elevation data inconsistency with modernized NFIP FIRMS. I.R. Shores Trauma Helipad Project Description m 3 p 3 3 o co to $3,000 >12 months L60Z 000'000$ $250,000 6 months Estimated Project Cost Estimafed Time of Completion m m gym' m m ag cl g CO CD 0 Indian River County Community Development Roland DeBlois Indian River County Community Development Roland DeBlois I.R. Shores Ed Ballas Applicant E c o a M w c"" a m m 2 co 4 c Ti a m a N `G g 7 S p y O W ID N g g y m m e O O 1 1 N 12- N N Reduces vulnerability to wildfire. Will minimize errors in base flood elevations of new structures and thus mitigate potential flooding of such structures. Death /injury prevention for trauma patients: helipad will be utilized for trauma helicopters to transport critically injured patients to trauma hospital. Helipad will be available to all county agencies. Mitigation to be Accomplished O C m d T1 O A PI Wild land Fire Flood Transportation System Accidents Hazards Mitigated c c CO CI- O y i All Jurisdictions Indian River County Indian River Shores, City of Vero Beach „peAlonul (s)uogotpsljnr 2 m 0 v TI '0 0 v d 3 3 MU m C Q 01 m a m C C m `G to Conservation Technical Assistance; DRI; HMGP; Protection of Forests and Rangelands HMGP EMPA, HMGP, State Disaster Preparedness Grants Possible Funding Sources a L� N g' W O. co CO N S a N Confirmed 10/2/09 (Roland DeBlois) Added 9/15/2009 Added 12/10/09 Ed Ballas Date Confirmed/ Added O_ v 3 CD 0 CD C CD CD CD w ID CD Project Priority Project Score Replacement of county bridges constructed below the 100 -year flood plain for improved access, evacuation and exposure to flooding. Improvements to 53rd St. (East West connector) for improved traffic Retrofits to the City of Vero Beach Police Department, Public Works facility and the Electrical Transmission and Distribution Department (critical facilities) to reduce vulnerability to wind and flood damage. Retrofits to the county's main library to reduce vulnerability to wind and flood damage. Retrofits to the North County Library to reduce vulnerability to wind and flood damage. Adopt procedures in the LMS for removal of marine debris resulting from natural disasters. Well for emergency use Retrofitting Gifford Youth Activity Center Project Description $10 million >12 months Phase I $2 million Phase II $7 million >12 months $2 million >12 months $10,000 <12 months $10,000 <12 months $50,000 2011 n.1 ca tn $110,000 <12 months Estimated Project Cost Estimated Time of Completion Indian River County Public Works Department Chris Mora Indian River County Public Works Department Chris Mora City of Vero Beach Don Dexter Indian River County General Services Tom Frame Indian River County General Services Tom Frame Indian River County Community Development Roland DeBlois Indian River Medical Center Cliff Schroeder Gifford Youth Activity Center, Inc. Freddie Woolford Applicant Reduces the risk of fatalities (loss of life) during evacuation. Reduces the risk of fatalities (loss of life) during evacuation. Reduces the vulnerability to category 4 or 5 hurricanes for two critical facilities. Reduces vulnerability of a public building and contents (library) to flooding damage. Reduces vulnerability of a public building and contents (library) to flooding damage. Will mitigate potential damage to marine vessels and would alleviate potential obstruction to navigation of waterways. Drill and connect a well for emergency use if water service is disrupted to the hospital fire sprinkler system. Loss of water service puts approximately 750 patients and healthcare workers at risk of loss of life. It puts a $220,000,000 building and equipment investment at risk of loss by fire. Harden facility (roof and window improvements) for disaster activities. Mitigation to be Accomplished All hazards All hazards Hurricane/Tropical Storm and flood Hurricane, Tropical Storm and Flood Hurricane, Tropical Storm and Flood Hurricane /Tropical Storm ti Hurricane /Tropical Storm Hazards Mitigated suoltalpsunr IIv All Jurisdictions City of Vero Beach All Jurisdictions All Jurisdictions Indian River County, City of Vero Beach Indian River County Jurisdiction(s) Involved" CDBG; DRI; Emergency Relief Program; FMAP; HMGP; Hurricane Program; NFMF; STP CDBG; DRI; HMGP; Hurricane Program; NFMF; Public Assistance HMGP, CDBG, EMP&A Trust Fund (DCA), Pre disaster Mitigation Program (FEMA), Hurricane Program (FEMA) Public Library Construction Grant; Coastal Construction Building Zone Program; CDBG; DRI; FMAP; HMGP; Hurricane Program; NFMF Public Library Construction Grant; Coastal Construction Building Zone Program; CDBG; DRI; FMAP; HMGP; Hurricane Program; NFMF Florida Inland Navigation District (FIND), HMGP HMGP HMGP Possible Funding Sources Confirmed 10/5/2009 (Chris Mora) Confirmed 10/5/2009 (Chris Mora) Confirmed/Revised 8/31/2009 (Don Dexter) Confirmed 9/8/2009 (Tom Frame) Confirmed 9/8/2009 (Tom Frame) Added 9/15/2009 o R 2 q a D3 D a to Added 12/16/09 Date Confirmed/ Added CD C CD CD CD w ID CD o Fri 6 5 co FO cn CD 0 O n tD r1 a E c s O Eli O N Cr. N O pl r cD Al m Project Priority CO °D Project Score 34th Avenue bridge replacement over the Main Relief Canal. This project will replace the existing bridge that provides a connection to i the Vero Beach Airport from S.R. 60. Hurricane Debris Staging Area Laconia Avenue extension Protection of the Surficial Aquifer groundwater quality and quantity as a secondary potable water source through acquisition of primary recharge areas and through the plugging of abandoned artesian wells. Obtain an updated countywide geohydrological study with seismic profiles. Project Description $3.6 million >12 months sq;uow 9 000'SL$ $5 million >12 months o N ell 3 o o $300,000 2015 Estimated Project Cost Estimated Time of Completion City of Vero Beach Don Dexter Town of I. R. Shores Ed Ballas City of Sebastian Al Minner 0 0 3 3 O 3 `,2,- c iu x m `m 0 0 o 0 N 0 7 m 'z' 7 Indian River County Community Development Roland DeBlois Applicant The existing bridge does not conform to the current design standards. This route is heavily used for relief supply distribution post disaster. Construction of a hurricane debris staging area will enhance recovery efforts. This project will provide a major emergency evacuation route. that will include a new bridge over the St. Sebastian River. It will provide a much needed major escape route not directly impacted by the Florida East Coast Railway. Reduces the exposure to potential wellfield contamination. Will reduce the risk of limited public water supply in times of drought by providing groundwater hydrology data at key locations in the county. Mitigation to be Accomplished D s m 'o. 0 Hurricane/Tropical Storms 0 o c Drought Hazards Mitigated D 0 N Indian River Shores cn D c c a. 0 Q a. O N All Jurisdictions Jurisdiction(s) Involved* HMGP PDM, HMGP, EMPA, Disaster Recovery Initiative Grants, Emergency Management: State and Local Assistance, Direct Housing: Natural Disaster CDBG, Emergency Relief, FMAP, HMGP Capitalization Grants for Drinking Water State Revolving Fund; Conservation Technical Assistance; DRI; HMGP; Planning Assistance to States Program; Water Pollution Control: State and Interstate Program Support; Water Quality Program Management HMGP Possible Funding Sources 0 O T. m J X co C m 0 Added 12/10/09 Ed BaIlas Confirmed /Revised 10/22/2009 (Al Minner) ii O [u n O o 0 0 3 W .3 O O Added 9/15/2009 Date Confirmed/ Added o Fri 6 5 co FO cn CD 0 O n tD r1 a E c s O Eli O N Cr. N O pl r cD ca na r4 n, N 0) n 0i a Project Priority J N 4 N J A V C" Project Score Construction of tilting Weir gates across two canals that connect Rockridge subdivision with the lagoon. Club Drive drainage project Sandfly and Painted Bunting provide positive outfall in low -lying area currently served by percolation Construction of seawall /revetment along Humiston Beach in the City of Vero Beach. I Jungle Trail dead vegetation removal (NE side of C.R. 510 bridge) I Jungle Trail dead vegetation removal (from Jungle Trail bordering Orchid Island Golf Club, from C.R. 510, to the turn north at the I.R. Lagoon) Fred Tuerk Drive /A1A drainage improvements N O o o O x d J N 7 o 1 e. J .0 a 3 m p 0 N N N N V N E C y O T: 3 rn N d N C N a 0 J Project Description $6.5 million >12 months $100,000 <12 months $600,000 >12 months $450,000 7 months $300,000 6 months $1,000,000 >12 months v fA N 3 0 0 0 J O 7 O IA Estimated Project Cost Estimated Time of Completion Indian River County Public Works Chris Mora City of Vero Beach Don Dexter City of Vero Beach Don Dexter Town of Orchid Deb Branwell/TerriWallace Town of Orchid Deb Branwell/TerriWallace I.R. Shores Ed Belles 0 O o o J O m CD o E.° m m 0 Applicant Will prevent flooding in the subdivision during hurricane 'events. This project will reduce flooding in this low -lying area, which was flooded for an extended period following recent hurricanes due to Residents and business owners will benefit from continued and uninterrupted access to the beach facilities and associated parking. Removal of dead vegetation to remove or minimize fire hazard. Removal of dead vegetation to remove or minimize fire hazard. Correct drainage and flash flood problems that impinge and impact the Indian River Shores Public Safety station (Fred Tuerk Drive) and City Hall (Highway A1A). following recent hurricanes due to failure of percolation systems. Mitigation to be Accomplished Flood Flood Flood and erosion Wildland Fire Wildland Fire Flood 0 0 a Hazards Mitigated Unincorporated Indian River County Vero Beach Vero Beach Orchid Orchid Indian River Shores o 0 co o d 0 J• Jurisdiction(s) Involved* HMGP HMGP, DEP 319 Grant HMGP HMGP, CDBG, Community Facility Loans Grants, Cooperative Forestry Service HMGP, CDBG, Community Facility Loans Grants, Cooperative Forestry Service Flood Plain Management Services, HMGP, FMA, State Preparedness Grant 2 K 0 0 m w m 0 m J Possible Funding Sources Confirmed 10/5/2009 (Chris Mora) Revised 8/31/09 (Don Dexter) Confirmed 8/31/09 (Don Dexter) Added 10/12/09 Added 10/12/09 Added 12/10/09 Ed Belles O m o W J N 1 p N N (0 o Date Confirmed/ Added co o CD CD CD F CD CD CD cn CD cn V "0 r 0 0 CD 0) E a 0 ly 0 N N 0 r m (Q 7. CD 7 CD re Cf) cn cn G ea Project Priority m Project Score Culvert replacement for ditch /street crossings Establishment of a county GIS department to improve flood mapping for flood damage reduction. Retrofits to the City of Vero Beach Recreation Facility (a secondary critical facility) to reduce vulnerability to wind and flood damage. Laconia ditch improvements Potomac ditch improvement Acquisition of land along the Indian River Lagoon within the Coastal High Hazard Area to reduce potential future losses. Sebastian Highlands swale improvements Retrofits to the City of Fellsmere library for flood damage reduction. Project Description $1 million >12 months $1 million to $2 million >12 months $200,000 >12 months $1 million >12 months $1 million >12 months V LS to 5 $8.5 million >12 months 50,000 <12 months Estimated Project Cost Estimated Time of Completion City of Sebastian Al Minner Indian River County Public Works Chris Mora City of Vero Beach Don Dexter City of Sebastian Al Minner City of Sebastian Al Minner Indian River County Community Development Roland DeBlois City of Sebastian Al Minner City of Fellsmere Jason Nunemaker Applicant Replace all ditch culverts that intersect streets to promote better drainage. Reduces countywide flood exposure by allowing better management of flood zones. Reduces the vulnerability of a secondary critical facility. Replacing street crossing culverts and dredging ditch will improve stormwater flow and prevent flooding. Improves Sebastian's NW outfall to prevent flooding and assist with drainage in the area. Will reduce county exposure by preventing development in a high hazard area. 1/4 round swale improvements to 300 miles in the Sebastian Highlands to improve front swale drainage to prevent residential flooding and road closures and to provide erosion control. Reduces public building (library) vulnerability. Mitigation to be Accomplished Flood Flood Hurricane/Tropical Storm, wind and flood Flood Flood Flood and erosion Hurricane, Tropical Storm and Flood Hazards Mitigated Sebastian All Jurisdictions Vero Beach Sebastian Sebastian Sebastian Fellsmere „Panlonul (s)uopolpslmr CDBG, Emergency Relief, FMAP, HMGP Challenge 21: Floodplain; Conservation Technical Assistance; FMAP; HMGP; Land Protection; NFMF HMGP, CDBG, EMP&A Trust Fund (DCA), Pre disaster Mitigation Program (FEMA), Hurricane Program (FEMA) CDBG, Emergency Relief, FMAP, HMGP CDBG, Emergency Relief, FMAP, HMGP Coastal Wetlands Planning, Protection, and Restoration Act; CDBG; DRI; HMGP; NFMF; North American Wetlands Conservation Act Grant Program; Outdoor Recreation: Acquisition, Development, and Planning CDBG, Emergency Relief, FMAP, HMGP Public Library Construction Grant; CDBG; DRI; Public Works Impact Program; FMAP; HMGP; Hurricane Program; NFMF Possible Funding Sources Added 10/22/09 Confirmed 10/5/2009 (Chris Mora) Confirmed 10/12/09 (Don Dexter) Added 10/22/09 Added 10/22/09 00 <2 a 0 N Confirmed /Revised 10/22/2009 (AI Minner) Confirmed 10/2/2009 (Jason Nunemaker) Date Confirmed/ Added 7. CD 7 CD re Cf) cn cn cu eL eL CD CD 0 a w Project Priority cm cn cr, cn cn a a a Project Score necyciea water project !nestoration 01 crmcaIIy eroded areas along an 8.3 -mile stretch of the Atlantic shoreline in an effort to provide needed storm protection. ureage c;eorge btreet canal cower ureeK neaawaii improvements Uornaor street improvements at Periwinkle, South Easy Street, Laconia Street, and Schumann Drive. uaroenscnumann intersection improvements Modifications to the outfall structure at Stonebridge Subdivision for flood damage reduction. t;onstruction of seawall along Conn Beach in the City of Vero Beach. Project Description $100,000 6 months $18 million initial/ $48 million long -term >12 months $6 million >12 months $3 million >12 months $3 million >12 months $3 million >12 months $5000 >12 months $1.7 million >12 months Estimated Project Cost Estimated Time of Completion Town of Orchid Deb Branwell/TerriWallace Indian River County Public Works Department Chris Mora City of Sebastian Al Minner City of Sebastian Al Minner City of Sebastian Al Minner City of Sebastian Al Minner Indian River County Public Works Chris Mora City of Vero Beach Don Dexter Applicant Project to retrofit the town to receive recycled water from Indian River County to keep ponds full enough to prevent loss of fish and birdlife in the Town of Orchid, a certified Audobon International Sanctuary. Reduces storm surge and flooding vulnerability. Improve holding capacity of canal system to retain water and provide better flood control. Improve headwall and updrade outwall to control water flow into Collier Creek and the St. Sebastian River. Improve street surface and drainage and streets to promote better access points for evacuation. Interesection widening and improvements to help with emergency evacuations. Reduces vulnerability to flooding at this site. This project will provide erosion control, prevent damage to Ocean Drive and the Boardwalk which sustained approximately $1 million in damages from Hurricanes Frances and Jeanne. Mitigation to be Accomplished Drought Flood Flood /erosion All hazard All hazard Flood Hurricane/Tropical Storm, flood and coastal erosion 2. c A co co Sebastian Sebastian Sebastian 1 Sebastian Unincorporated Indian River County Vero Beach Conservation Technical Assistance; Cooperative Extension Service, HMGP, U.S. Army Corps of Engineers CDBG; Conservation Plant Material Centers, Conservation Technical Assistance; DRI; FMAP; HMGP; Hurricane Program; Land Protection, Planning Assistance to States Program CDBG, Emergency Relief, FMAP, HMGP CDBG, Emergency Relief, FMAP, HMGP CDBG, Emergency Relief, FMAP, HMGP CDBG, Emergency Relief, FMAP, HMGP CDBG; DRI; Emergency Rehabilitation of Flood Control Works; FMAP; HMGP; Hurricane Program; NFMF; Public Assistance HMGP Possible Funding Sources Added 10/12/09 Confirmed 10/4/09 (Chris Mora) Added 10/22/09 Added 10/22/09 Added 10/22/09 Added 10/22/09 Confirmed 10/5/2009 (Chris Mora) Revised 8/31/09 (Don Dexter) cu eL eL CD CD 0 cn O W B at 0 0 `G N ID# Provide shoreline stabilization at Main Street dock area in the City of Sebastian. Remove vegetation, particularly exotics, in 8 miles of drainage canals and 50 miles of rear drainage ditches in the City of Sebastian. Raise elevation for six homes in Country Club Pointe. Proposed Egret Marsh Regional Stormwater Park. Elevation of grade crossing over RR at 41st St. for improved traffic access and emergency evacuation. Improvements to CR 512 for improved traffic access and emergency evacuations. Stabilization of Jungle Trail along the Indian River Lagoon to improve public access and reduce erosion. Establishment of a public education program on the importance of maintaining drainage systems. Improved mapping of the Coastal High Hazard Area to allow for better and more precise implementation of County regulations related to the development within that area. Project Description DR or State Assigned Project WITHDRAWN 10/22/2009 (AI Minner) COMPLETED 10/22/09 (Al Minner) WITHDRAWN 10/5/2009 (Chris Mora) COMPLETED 10/5/2009 (Chris Mora) WITHDRAWN 10/5/2009 (Chris Mora) COMPLETED 10/5/2009 (Chris Mora) WITHDRAWN 9/15/2009 (Roland DeBlois) COMPLETED 10/5/2009 (Chris Mora) WITHDRAWN 10/7/2009 (Sasan Rohani) Project Status (Pending, Completed, Denied, Withdrawn, etc.) The City recently completed a major renovation on the Main Street boat ramp and the surrounding area. Funds were used from the county's CRA and grants were received from FIND and FWS. After the 2004 hurricanes, the city received FEMA funds to stabilize the lagoon banks. After these improvements were made, it was determined that this project was no longer a priority. Al Minner reported that project is complete, a success and proved extremely helpful during T.S. Fay. This project was withdrawn due to a poor cost/benefit ratio and lack of funding. Expected to be completed in January 2010. No mitigation funds were used. This project was removed from the county's long range transportation plan. Completed in 2009 using funds from the County Incentive Grant Program (CIGP) and state sidewalk funds. Project completed with a cost -share grant from the Florida Inalnd Navigation District (FIND). This project is complete and on- going. The county stormwater educator has prepared and regularly provides presentations to discuss drainage systems. No mitigation funds were used. State (Department of Community Development) is doing the mapping of the Coastal High Hazard Area. NOTES cn O W B at 0 0 `G 0 di cn cn N 0 W 0 xi w 0 w 0 0 r s a: co a) E o cn7r 13 tfa o as co Subject: Building Department Report Apo k or Submittal by: Agenda No. /O. /57 Department Origin: City Attorney: City Manager City Clerk: Date Submitted: 23 NOV 10 A i./ City Manager EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: N/A Qty or SL A IAN HOME OF PELICAN ISLAND AGENDA TRANSMITTAL SUMMARY As a part of the FY 11 Budget Process, Council tasked staff with the responsibility to begin examining the "State of the Building Department In response, staff has prepared a presentation for Council. The presentation will provide Council more detail on current Building Department operations and compare how Sebastian has managed the financial downturn with other regional agencies. This is non action item. Staff will respond as Council directs. CASE NUMBER ORIGINAL LIEN AMOUNT PAYOFF AMOUNT 10- 15354/13385/13386 $15027 $176.43 09 -27601 09 -27602 $215.93 $269.38 09 -10833 09 -10835 $152.58 $204.42 08 -04316 08 -04317 $152.36 $215.86 08- 03222 $227.36 $324.37 08- 02539 08 -02540 $202.36 $295.49 08- 01102 08 -01103 $104.71 $16222 07 -02422 $60.63 $107.02 07 -04080 $775.63. $1,226.66 07- 03815 $105.42 $176.87 07 -04964 $125.63 $202.17 07 -04393 $215.63 $345.37 07 -03732 $120.63 $200.71 07 -02421 $120.62 $203.01 06- 01338/01340/01341 $428.56 $736.13 TOTAL $3,158.32 $4,846.11 I{OME OF- PELICAN.. ISLAND AGENDA TRANSMITTAL Subject: Review of Motion to Release Fines as a on 882 Foster Avenue A pr for Submittal- by: i J4 r ner, City Manager Agenda No. /0, /5S' Department Origin: Code Enforcement Division Finance: City Attorney: City Clerk: Date Submitted: November 23, 2010 For: Meeting of December 1, 2010 SUMMARY OF STATEMENT Messrs. Robert Wolfgram and Rick Woodin are the prospective buyers of 882 Foster Avenue. There have been fifteen (15) liens filed against this property for services performed by vendors that were paid for by the City of Sebastian. These services include mowing of overgrown grass and weeds, trash and debris removal, towing of an inoperative junk or abandoned vehicle, treating stagnant water in the pool, and installing a 4' wire temporary fence around the swimming pool. These liens have accumulated since 2006. The Clerk of Courts charges a $10.00 filing fee to record original lien and an addltional $10.00 for the release of lien. This would amount to $300.00 total for the 15 liens, which is reflected in the original lien amount and the payoff amount. RECOMMENDED ACTION State law authorizes the City Council to considerthis request. It is staffs understanding that the applicants are seeking a reduction rather than a complete write -off. Subject: Sales o iquor Code Modification Ap if/ v r Submittal by: Discussion Agenda No. /0. /57 Department Origin: City Attorney: City Manager City Clerk: Date Submitted: 23 NOV 10 Al 7r e City Manager EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: N/A SLB or TIAN HOME OF PELICAN ISLAND AGENDA TRANSMITTAL SUMMARY At the request of Council Member Coy, this item has been placed on the agenda in order to probe whether Council would like to consider a modification to the code of ordinances regulating the Sale of Liquor. Enclosed for your review is the current code and potential modifications based on Indian River County and Vero Beach. This is not an action item and staff will respond as directed by Council. SEBASTIAN ALCOHOLIC BEVERAGES 10 -2 Sec. 10 -1. Sales of liquor near churches and schools restricted. (a) It shall be unlawful for any person to sell alcoholic beverages at wholesale or retail from any building or establishment which is located within a distance of 450 feet from a church or school. (b) No permit or license shall be issued which allows the sale of alcoholic beverages to occur from any building or establishment which is located within a distance of 450 feet from any church or school. (c) The term "alcoholic beverages," as used in this section shall be taken to include the words "distilled spirits" and shall extend to and include all spirituous beverages created by distillation and by mixture of distilled beverages by what is commonly termed blending, and shall include beer, malt beverages or wine, as defined in the state beverage law. The term "church" or "school" as used in this section shall have its commonly- understood meaning, but shall be limited to those establishments meeting in a free standing building in a single use site of a minimum size of one -half acre. (d) The restrictions contained in this section shall not apply to a person or establishment holding a current and valid permit or license to sell alcoholic beverages in the city from its present location. (Code 1980, 4 -1; Ord. No. 0- 05 -12, 1, 4- 27 -05) State law reference Authority to regulate location of business, F.S. 562.45(2). Sec. 10 -2. Prohibited hours of sale. (a) Except as permitted pursuant to subsection (b) of this section, no alcoholic beverages shall be sold, consumed, served, permitted to be sold, permitted to be consumed, permitted to be served, offered for sale or offered for consumption at any location where alcoholic beverages are permitted to be sold or consumed pursuant to a license or permit issued by the state department of business regulation, division of alcoholic beverages and tobacco, within the city limits during the following hours of each day: Between the hours Between the hours Between the hours Between the hours Between the hours Between the hours Between the hours of 1:00 a.m. and 7:00 a.m. on Sundays. of 12:01 a.m. and 7:00 a.m. on Mondays. of 1:00 a.m. and 7:00 a.m. on Tuesdays. of 1:00 a.m. and 7:00 a.m. on Wednesdays. of 1:00 a.m. and 7:00 a.m. on Thursdays. of 1:00 a.m. and 7:00 a.m. on Fridays. of 1:00 a.m. and 7:00 a.m. on Saturdays. (b) Notwithstanding the provisions of subsection (a) above to the contrary, alcoholic beverages may be sold, consumed, served, permitted to be sold, permitted to be consumed, permitted to be served, offered for sale or offered for consumption, at any location where alcoholic beverages are permitted to be sold or consumed pursuant to a license or permit issued Supp. No. 35 CD10:3 10 -2 SEBASTIAN CODE by the state department of business regulation, division of alcoholic beverages and tobacco, within the city limits on New Year's Day (January 1) between the hours of 12:01 a.m. and 3:00 a.m., in addition to the hours otherwise allowed. (Code 1980, 4 -2; Ord. No. 0- 92 -02, 1, 2- 12 -92) State law reference Authority to regulate hours of sale, F.S. 562.14. Supp. No. 35 CD10:4 SECTION #1: INDIAN RIVER COUNTY ORDINANCE 2010- AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA CONCERNING AN AMENDMENT TO ITS TITLE I CODE; PROVIDING FOR AMENDMENTS TO CHAPTER 300, ALCOHOLIC BEVERAGES; BY REVISING RESTRICTION ON LOCATION OF LICENSED PREMISES SECTION 300.05; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY TITLE I CODE, CHAPTER 300 REGULATIONS BE AMENDED AS FOLLOWS: Section 300.05, Restriction on location of licensed premises, is hereby amended to read as follows: (1) Separation of licensed premises from schools. No licensed premises shall be authorized by the county within 500 feet of any established public or private elementary school, middle school, or secondary school, with the following exceptions: (a) Premises licensed on or before July 1, 1999; (b) Restaurants, which derive at least 51 percent of their gross revenues from the sale of food and nonalcoholic beverages; (c) Establishments licensed to sell alcoholic beverages for consumption off the premises only; or (d) Not for profit organizations operating under a temporary permit issued by the Division of Alcoholic Beverages and Tobacco of the Florida Department of Business and Professional Regulation under the Florida Beverage Law. any church or school in the county. (a) of subsection (1) of Chapter 563.02 of the Florida Statutes are exempt (2) This required separation distance shall be measured e public thoroughfare in a straight line from the main entrance of such place of business the building or structure containing the licensed premises to ehureh-andin-thc case of a school, to the nearest point of the real property containing the elementary, middle, or high school. Bold Underline: Additions to Ordinance StFilie4hrottgli4 Deleted Text from Existing Ordinance C:\Documents and Settings\rgrohall\Local Settings \Temporary Internet Files \OLK16A\2010 300 Abev.RTF (a) ORDINANCE 2010- Where such established church or school is within the limits of an incorporated city or town the ordinance of the incorporated city or town wherein such church or school is located. not affect the location of the place of business of any such vendor nor shall it affect a Subsequent renewal or transfer of any license of such a vendor. (c) Where such established church or school is located in the county outside the limits of any from such church or school as any such vendor duly licensed within such city or town. SECTION #2: SEVERABILITY. If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated therein. SECTION #3: REPEAL OF CONFLICTING ORDINANCES. The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict. SECTION #4: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section "article or any other appropriate word. SECTION #5: EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Department of State. This ordinance was advertised in the Press Journal on the day of hearing to be held on the day of 2010, at which time it seconded by Commissioner Commissioner the following vote: Chairman Peter D. O'Bryan Vice Chairman Bob Solari old Underline: Additions to Ordinance Strike through: Deleted Text from Existing Ordinance C:\Documents and Settings\rgrohall\Local Settings \Temporary Internet Files \OLK16A \2010- 300 Abev.RTF 2010, for a public was moved for adoption by and adopted by 2 Commissioner Wesley S. Davis Commissioner Joseph E. Flescher Commissioner Gary Wheeler BY: This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY Alan S. Polackwich, Sr., County Attorney ATTEST BY: APPROVED AS TO PLANNING MATTERS ORDINANCE 2010- BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Peter D. O'Bryan, Chairman Robert M. Keating, AICP; Community Development Director Jeffrey K. Barton, Clerk Bold Underline: Additions to Ordinance Strike- tl*eug} Deleted Text from Existing Ordinance C:\Documents and Settings\rgrohall\Local Settings \Temporary Internet Files \OLK16A\2010 300 Abev.RTF ORDINANCE NO. 2010 VLHO BEACH AN ORDINANCE OF THE CITY OF VERO BEACH, FLORIDA, RENUMBERING AND AMENDING CHAPTER 30, ALCOHOLIC BEVERAGES, OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF VERO BEACH; PROVIDING FOR RESTRICTIONS AS TO LOCATION OF ESTABLISHMENTS DEALING WITH OR IN ALCOHOLIC BEVERAGES; PROVIDING FOR EXCEPTIONS; PROVIDING FOR CONSISTENCY WITH SECTION 562.45(2) OF FLORIDA STATUTES; PROVIDING FOR METHOD OF MEASUREMENT OF SEPARATION DISTANCES FROM SCHOOLS AND PLACES OF WORSHIP; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 166, Florida Statutes, the "Municipal Home Rule Powers Act," authorizes municipalities to exercise any power for municipal purposes, except when expressly prohibited by law and to enact ordinances in furtherance thereof; and WHEREAS, within the above referenced grant of powers, the City of Vero Beach (the "City has the authority to and does regulate the location of establishments dealing with or in alcoholic beverages and provide separation distances from certain protected uses, such as schools and places of worship, for the protection of the public health, safety, and welfare; and WHEREAS, Chapter 30, Alcoholic Beverages, of the Land Development Regulations of the City, which regulates the separation of establishments dealing with or in alcoholic beverages licensed under the Florida Beverage Law from schools and places of worship, requires amendment for consistency with the exemption and measurement of the separation distance for schools provided by Section 562.45(2) of Florida Statutes; and WHEREAS, it is appropriate at the same time to renumber and move the aforementioned Chapter 30, Alcoholic Beverages, to the more appropriate general zoning provisions of the Zoning Ordinance of the City, Page 1 of 4 CODING: Words stricken are deletions; words underlined are additions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VERO BEACH, FLORIDA, THAT: Section 1 Renumbering and Amendment of Chapter 30, "Alcoholic Beverages." Chapter 30, "Alcoholic Beverages," in Title III, "Police Power Ordinances," of Part III, "Land Development Regulations," is hereby re- numbered as Section 60.16 in Chapter 60, "General Provisions" of Title VI, the Zoning Ordinance of the City of Vero Beach, and is amended to read as follows: I iv In addition to the general zoning requirements, no liccnscd premises shall be authorized within 500 feet of any school or church; provided, however, that these additional restrictions shall not apply to licensed prcmiscs that arc limited to the sale of malt beverages and wine for thc main entrance of thc proposed liccnscd prcmiscs to the main entrance of thc church, and in the case of a school, to thc nearest point of the school grounds in use as part of the school facilities. Sec. 60.16. Restriction on location of establishments dealing with or in alcoholic beverages. (a) Definitions. Relevant definitions in section 6 -2 of the Code of Ordinances and the Florida Beverage Law shall apply and are incorporated herein as the context permits. (b) Separation of licensed premises from schools and places of worship. No licensed premises shall be authorized by the planning director within 500 feet of any established place of worship, or public or private elementary, middle, or secondary school, with the following exceptions: (1) Premises licensed on or before July 1, 1999; (2) Restaurants, which derive at least 51 percent of their gross revenues from the sale of food and nonalcoholic beverages, subject to the condition that the sale and consumption of alcoholic beverages shall not take place between 7:00 a.m. and 4:00 p.m. on school days, if the restaurant is located within 500 feet of a school; (3) Establishments licensed for the sale of beer or wine for consumption off the premises only; or Page 2 of 4 CODING: Words sti4elten are deletions; words underlined are additions. (4) Not for profit organizations operating under a temporary permit issued by the Division of Alcoholic Beverages and Tobacco of the Florida Department of Business and Professional Regulation under the Florida Beverage Law. (c) Measurement of separation from schools and places of worship. The separation distance of 500 feet shall be measured in a straight line from the main entrance of the building containing the licensed premises to the nearest point of the real property containing a place of worship or school facilities. Section 2. Conflict and Severability. In the event any provision of this ordinance conflicts with any other provision of this Code or any other ordinance or resolution of the City of Vero Beach on the subject matter of this ordinance, the more strict provision shall apply and supersede. If any provision of this ordinance is held to be invalid, unconstitutional, or unenforceable for any reason by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining portions of this ordinance, which shall be deemed separate, distinct, and independent provisions enforceable to the fullest extent possible. Section 3 Effective Date. This Ordinance shall become effective upon final adoption by the City Council. [THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK.] Page 3 of 4 CODING: Words stricken are deletions; words underlined are additions. This Ordinance was read for the first time on the day of 2010, and was advertised in the Indian River Press Journal on the day of 2010, as being scheduled for a public hearing to be held on the day of 2010, at the conclusion of which hearing it was moved for adoption by Councilmember seconded by Councilmember and adopted by the following vote: Mayor Kevin Sawnick Yes No Vice Mayor Sabin C. Abell Yes No Councilmember Thomas P. White Yes No Councilmember Brian Heady Yes No Councilmember Kenneth J. Daige Yes No ATTEST: CITY OF VERO BEACH, FLORIDA Tammy K. Vock Kevin Sawnick City Clerk Mayor Approved as to form and legal sufficiency: Approved as conforming to municipal policy: Charles P. Vitunac James M. Gabbard City Attorney City Manager Approved as to technical requirements: Timothy J. McGarry, AICP Planning and Development Director Page 4 of 4 CODING: Words stricken are deletions; words underlined are additions.