HomeMy WebLinkAbout01122011AgendaHOME OF PELICAN ISLAND
SEBASTIAN CITY COUNCIL
AGENDA
REGULAR MEETING
WEDNESDAY, JANUARY 12, 2011 6:30 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK
1225 MAIN STREET, SEBASTIAN, FLORIDA OR ON THE CITY WEBSITE
Procedures for Public Input are Attached to the Back of the Agenda
1. CALL TO ORDER
2. MOMENT OF SILENCE
3. PLEDGE OF ALLEGIANCE Led by Council Member Gillmor
4. ROLL CALL
5. AGENDA MODIFICATIONS
Modifications and additions require unanimous vote of City Council members
6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS
Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff.
No public input or action under this heading.
11.005 A. Certificate of Appreciation to Richard Taracka for Police Pension Board Service
11.006 B. Karen Deigl, Senior Resources Association Update on Senior Program Bus Shelter
Brief Announcements
7. CONSENT AGENDA
All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion
of consent agenda items unless a member City Council so requests; in which event, the item will be removed and acted upon
separately. If a member of the public wishes to provide input on a consent agenda item, he /she should request a Council
Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized.
5 -23 A. Approval of Minutes 12/15/10 Regular Meeting
11.007 B. Approve the Purchase of Seven Ford Crown Victoria Interceptor Vehicles
25-33 for the Police Department in the Amount of $232,750.00 in Accordance
with State Contract 10 -18 -0907 (PD Transmittal State Contract, Quote
Sheet)
11.008 C. Resolution No. R -11 -01 Approve Fourth of July Agreement Between
35 -39 City of Sebastian and Lions Club (City Manager Transmittal, R- 11 -01,
Agreement)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
APPROVING A JOINT PROJECT AGREEMENT BETWEEN THE CITY OF
SEBASTIAN AND LIONS CLUB OF SEBASTIAN, INC. IN REGARD TO THE 4 OF
JULY CELEBRATION; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE
DATE.
10.085/11.009 D. Approve Change Order #6 to Masteller Moler, Inc. for Powerline_ Road
41 -44 Improvements in the Amount of $6,400.00 (City Manager Transmittal,
Change Order)
11.006 E. Approve Bus Shelter Agreement Between City of Sebastian and Senior
45-48 Resources Association (City Manager Transmittal, Agreement)
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.
11.005 A. Police Pension Board of Trustees
(City Clerk Transmittal, Code, Letter, Application, List, Ad)
49 -60 i. Interview, Unless Waived, and Submit Nomination for One Unexpired Position
9. PUBLIC HEARINGS
Procedures for public hearings:
Mayor opens hearing
Attomey reads ordinance or resolution
Staff presentation
Public Input
Staff summation
Mayor closes hearing
Council action
Anyone wishing to speak is asked to sign up before the meeting, when called, go to the podium and state
his/her name for the record.
10.159 A. Second Reading, Public Hearing and Adoption of Ordinance No. 0 -10 -09
61 -65 Alcoholic Beverage Sales Restriction (City Attorney Transmittal, 0- 10 -09)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
AMENDING CITY CODE OF ORDINANCES CHAPTER 10 CONCERNING RESTRICTIONS ON
THE SALE OF ALCOHOLIC BEVERAGES; RELAXING THE RESTRICTIONS IN SPECIFIC
CIRCUMSTANCES; PROVIDING FOR CONFLICTS, SEVERABILITY AND EFFECTIVE DATE.
(First Reading 12/15/10) (PJ ad 12/29/10)
10. UNFINISHED BUSINESS
11. PUBLIC INPUT
12. NEW BUSINESS
11.010 A. First Reading of Ordinance No. 0 -11 -01 Repealing Code Chapter 22 Aviation
67 -71 Set Public Hearing for February 9, 2011(Airport Transmittal, 0- 11 -01)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
REPEALING CHAPTER 22, ARTICLE II; AVIATION IN ITS ENTIRETY; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
11.011 B. First Reading Ordinance No. 0 -11 -02 Community Redevelopment Agency
73 -82 Changing Composition of Board (City Attorney Transmittal, Proposed 0- 11 -02,
Survey)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA;
CREATING THE CITY OF SEBASTIAN COMMUNITY REDEVELOPMENT AGENCY SEPARATE
FROM THE CITY COUNCIL; PROVIDING FOR THE POWERS AND RESPONSIBILITIES OF
SUCH AGENCY; PROVIDING FOR MEMBERSHIP AND ORGANIZATION OF SUCH AGENCY;
REPEALING CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND AN
EFFECTIVE DATE.
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11.012 C. Working Waterfront Committee Consider Permanent Committee (City Manager
83 -93 Transmittal, R- 09 -42)
11.013 D. Resolution No. R -11 -02 Unfunded Mandates (City Manager Transmittal, R- 11 -02,
95-105 List)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA
ENCOURAGING THE FLORIDA LEGISLATURE TO STOP UNFUNDED MANDATES AND
REQUESTING THAT CERTAIN UNFUNDED MANDATES BE REPEALED; PROVIDING FOR
CONFLICT; PROVIDING FOR EFFECTIVE DATE.
13. CITY ATTORNEY MATTERS
14. CITY MANAGER MATTERS
15. CITY CLERK MATTERS
16. CITY COUNCIL MATTERS
A. Council Member Gillmor
B. Council Member Wolff
C. Mayor Hill
D. Vice Mayor Wright
E. Council Member Coy
17. ADJOURN (All meetings shall adjourn at 10:00 p.m. unless extended for up to
one half hour by a majority vote of City Council)
HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL
GOVERNMENT MEETINGS.
All City Council Meetings are Aired Live on Comcast Channel 25.
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER
CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED
TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD.
(F. S.286.0105)
IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A
SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA
COORDINATOR AT 589 -5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING.
Upcoming meetings:
January 26, 2011— 6:30 pm
February 9, 2011— 6:30 pm
February 23, 2011— 6:30 pm
March 9, 2011— 6:30 pm
March 23, 2011 6:30 pm
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PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION R -09-45
Regular City Council Meetings
Public Input is ALLOWED under the headings:
Consent Agenda
1 Public Hearings
Unfinished Business
4 New Business
Public Input
Public Input is NOT ALLOWED under the headings:
Proclamations, Awards, Brief Announcements (except for individuals giving or accepting
proclamations or awards);
Committee Reports and Appointments (except for committee members giving reports and
applicants being interviewed for committee appointments);
City Council Matters
Charter Officer Matters
vt Council may, by majority vote, call upon an individual to provide input if desired.
Workshops and Special Meetings
Public input is limited to the item on the agenda
Time Limit
Input on agenda items where public input is permitted on agenda is FIVE MINUTES;
however, City Council may extend or terminate an individual's time by majority vote of
Council members present.
Input Directed to Chair
Speakers shall address the City Council IMMEDIATELY PRIOR TO CITY COUNCIL
DELIBERATION of the agenda item and ALL INPUT SHALL BE DIRECTED TO THE
CHAIR, unless answering a question of a member of the City Council or City staff.
Individuals shall not address City Council after commencement of City Council
deliberation on an agenda item after public input has concluded, provided, however,
the Mayor and members of City Council may recall an individual to provide additional
information or to answer questions.
Certain Remarks Prohibited
Personal, impertinent, and slanderous remarks, political campaigning, and applauding
are not permitted and may result in expulsion from the meeting. The Chair shall
make determinations on such remarks, subject to the repeal provisions below.
Appealing Decisions of Chair
Any member of Council may appeal the decision of the Chair to the entire Council. A majority vote of City
Council shall overrule any decision of the Chair.
Public Input Heading on Agenda
The heading on Regular Meeting agendas "Public Input" provides an opportunity to for individuals to bring
NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISEE ON THE PREPARED
AGENDA. Individuals are asked to attempt to resolve matters with staff prior to meetings. Individuals are
asked to provide copies of material for Council one week prior to the meeting if they intend to refer to
specific material. City Council will not debate an issue during Public Input but may be consensus direct a
Charter Officer in regard to the item if necessary or place a requested item on a future agenda.
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City Council Present:
Mayor Jim Hill
Vice -Mayor Don Wright
Council Member Andrea Coy
Council Member Richard H. Gillmor
Council Member Eugene Wolff
None.
OP? Of
HOME OF PELICAN ISLAND
SEBASTIAN CITY COUNCIL
MINUTES
REGULAR MEETING
WEDNESDAY, DECEMBER 15, 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. Invocation was given by Pastor Seth Goldsmith, Coastal Community Church.
3. The Pledge of Allegiance was led by Council Member Coy.
4. ROLL CALL
Staff Present:
City Manager, Al Minner
City Attorney, Robert Ginsburg
City Clerk, Sally Maio
Deputy City Clerk, Jeanette Williams
Finance Director, Ken Killgore
Airport Director, Joseph Griffin
Growth Management Director, Rebecca Grohall
Growth Management Manager, Jan King
Park Supervisor, Chris McCarthy
Deputy Police Chief, Greg Witt
Police Captain, Bob Lockhart
MIS Systems Analyst, Rob Messersmith
5. AGENDA MODIFICATIONS
Modifications and additions require unanimous vote of City Council members
0
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.
10.017 A. Certificate of Appreciation to Ken Grudens Natural Resources Board Service
Mayor Hill presented the certificate to Mr. Grudens and thanked him for his service.
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Regular City Council Meeting
December 15, 2010
Page Two
Brief Announcements
7 -18 A. Approval of Minutes 12/1/10 Regular Meeting
10.010
65 69
Mr. Wolff removed item C.
Result of Roll CaII:
Ayes: All
Nays: None
Passed 5 -0
Mayor Hill announced that Powerline Road Project plans were on the back table for
review.
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.
10.085 B. Approve Masteller Moler Change Order 5 for Powerline Road Engineering
19 23 Services in the Amount of $920 for Gopher Tortoise Permit Resubmittal (City
Manager Transmittal, Change Order)
10.160 C. Award Bid to D -CO Marketing in the Amount of $49,860 for TV Automation
25 -63 Equipment and B &H Photo for TV Camera /Production Equipment in the Amount
of $24,640.12— Audio Visual Broadcast Equipment (MIS Transmittal, Bid Results,
Bid Specs)
Pelican Island Wildlife Festival March 19, 2011 Approve Beer and Wine
Sales in Designated Areas from 10 am to 5 pm Approve Street Closings as
Requested (Sebastian Blvd east of Hess to Indian River Drive and Indian River
Drive from Coolidge Street South to southern end of South Parking Lot from 6
am to 7 pm Restrict Use of North Side of Yacht Club Boat Ramp from 10 am to
5 pm Approve Mooring of PIPS Pontoon Boat Overnight at Yacht Club Ramp
(Parks Transmittal, PIPS Letter)
10.161 E. Approve Alcoholic Beverage Use at Yacht Club for Jeck Family Christmas Party
71 -74 12/26/10 5 pm to 9 pm (Parks Transmittal, Receipt, Application)
10.162 F. Authorize 2011 Stormwater Master Plan Update Proposal by Neel- Schaffer, Inc.
75-97 in the Amount of $27,500 (City Manager Transmittal, Work Authorization,
Proposal)
10.048 G. Authorize the Mayor to Sign a Letter of Transmittal to the Department of
99 -103 Community Affairs providing a Corrected Page Four of the City's Evaluation and
Appraisal Report Adopted October 13, 2010 (GMD Transmittal, Incorrect
Corrected Page Four, Population Projection)
MOTION by Ms. Coy and SECOND by Mr. Gillmor to approve consent agenda items A,
B, D, E, F and G.
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Regular City Council Meeting
December 15, 2010
Page Three
Item C
DRAFT
Mr. Wolff noted that this item is to award a bid of $75,000 to purchase equipment for
television production available for the City, was aware that the DST expenditure was
approved in the CIP budget but with the current economy, he objected to spending
$75,000 because there is no public mandate for it, and that it is more a want than a
need. He said that electronic equipment is obsolete as soon as purchased, less people
are turning to conventional television, and suggested that perhaps we could coordinate
with the Sebastian River High production unit. He said he wondered who would operate
the system, then noted the Budget Committee Chairman, in his resume and application
for that committee, mentions years in television production and asked if it was he who
was recommending this. Mr. Wolff said it is nice that he volunteers but it is a substantial
investment and it doesn't sit right, and people would say to use the funds in other areas.
MOTION by Mr. Wolff to remove this item from consent and remove it from the CIP and
redistribute money as seen fit by the City Manager. Motion died for lack of a second.
Mr. Wright said the rationale for this expenditure includes the creation of a sense of
community by providing more information on television and the web, and increasing
community involvement by providing up to date information. He further stated that it
would stimulate economic development, give us the ability to produce our own
programming, and promote positive events in the city, such as the Clambake, Christmas
parade, and other events. He said the Channel 25 listing will now say "City of Sebastian
channel and said this has been through CIP and is a positive project for the City.
Ms. Coy said she is amazed at how many people watch Channel 25, and said at one
time we had a staff member who filmed City events and his leaving was a big loss for the
community. She said she was happy to support this project.
Mr. Gillmor said we have an asset which is Channel 25 but it is underutilized, that there
is power in television but putting up a scroll defeats the purpose. He cited the event
videos that used to run on Channel 25, and said when we take a break in a meeting,
instead of a blank screen, we can show commercials. He said in talking with the
previous Mayor of Port St. Lucie, a survey showed 65% of people watch their
government channel.
Mayor Hill said there have been good comments on both sides and agreed with Mr.
Wolff that the times are extraordinary.
Mr. Wolff said no one really addressed the duplication of services and seeking more
cooperation with what is available, again recommending cooperation with the production
studio at Sebastian River High School. He said without seeing the survey mentioned it
isn't valuable, reiterated that technical equipment soon becomes obsolete, and noted he
did not have the vote but felt it necessary to comment.
MOTION by Ms. Coy and SECOND by Mr. Wright to approve item C.
Result of Roll Call:
Ayes: Coy, Gillmor, Wright
Nays: Hill, Wolff
Passed 3 -2
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Regular City Council Meeting
December 15, 2010
Page Four
Damien Gilliams requested to speak, however, Mayor Hill said Council had disposed of
this item and was moving on.
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
105 -132 (City Clerk Transmittal, Ad, Current Member List, Code Provision, Applications)
Council Members Announce Five Individual Appointees
ii. Interview, Unless Waived and Appoint Two At -Large Members for One
Year Terms
The City Clerk noted that in accordance with the general code on City Committees any
committee can have up to two alternates. (In reviewing the Code, it states that each VA
Committee shall have one alternate and can have up to two alternates)
Each member stated the name of their appointee for the record.
Mayor Hill reappointed Jerry Klenck for 2010 -2012.
Vice Mayor Wright appointed Harry Marshall last year for 2009 -2011 and he will continue.
Ms. Coy appointed Adrina Davis last year for 2009 -2011 and he will continue.
Mr. Gillmor appointed William Flaherty for 2010 -2012.
Mr. Wolff appointed Brad White last year for 2009 -2011 and he will continue.
At Large
The City Clerk noted that Mr. Alvarez could not attend tonight but was interested
in a position.
City Council interviewed Ed Herlihy who said he would like to continue on the committee,
having served as Chairman for two years. Mr. Wolff asked him if there was a conflict of
interest for him on the committee, when we budget money for television equipment, and
Mr. Herlihy responded no. Mr. Wolff asked if there was a conflict with his Political
Committee and Mr. Herlihy responded no. Mr. Wolff asked whether his political blogs on
TC Palm have any influence on the budget committee and Mr. Herlihy said he did not
know what Mr. Wolff was talking about.
Mayor Hill requested that we keep this civil and not question character.
Mr. Herlihy said there is such a thing as freedom of speech.
City Council interviewed Christine Vicars who said she was a resident, had been on the
committee two years, and was hoping to continue. She said the Committee acts as
liaison between the public and the City Manager.
Mayor Hill called for nominations.
Ms. Coy nominated Ed Herlihy.
Mr. Wright nominated Ms. Vicars.
Mr. Wolff nominated Mr. Alvarez.
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Regular City Council Meeting
December 15, 2010
Page Five
The City Clerk said she would call a roll for each position separately.
Ms. Coy Ed Herlihy
Mr. Gillmor Ed Herlihy
Mr. Wolff Albert Alvarez IStfli
Mayor Hill Ed Herlihy
Mr. Wright Ed Herlihy
Ed Herlihy was appointed to the first at -large position.
The City Clerk called the roll on the second position using the same nominations.
Mr. Gillmor Christine Vicars
Mr. Wolff Christine Vicars
Mayor Hill Christine Vicars
Mr. Wright Christine Vicars
Ms. Coy Christine Vicars
Christine Vicars was appointed to the second at -large position.
MOTION by Mr. Gillmor and SECOND by Ms. Coy to appoint Mr. Alvarez as alternate
member passed on a voice vote of 5 -0.
10.149 B. Charter Review Committee
133 -157 (City Clerk Transmittal, Applications)
Council Members Announce Ten Individual Appointees
ii. Interview, Unless Waived and Appoint Five At -Large Members
The City Clerk noted the revised transmittal that had been provided to Council and
announced that applicants Albert Alvarez, Dan Dragonetti, Janet Kennedy and Donna
Keys were unable to attend but were interested in committee positions. She also noted
that Mr. Wolff can appoint from the at -large list.
Each member of City Council announced their appointees.
Mayor Hill Bob McPartlan and Jeanne Hill
Vice Mayor Wright Bob Daberkow and Ruth Sullivan
Council Member Coy Adrina Davis and Louise Kautenberg
Council Member Gillmor John Danise and Ed Dodd
Council Member Wolff Carolyn Sartain- Anderson and Linda DeSanctis
At Large Need Five
City Council interviewed Mary McGee and Robert Zomok.
Mr. Wright asked for clarification on what boards Mr. Alvarez can serve. The City Clerk
said the Budget Committee and Charter Review are treated as temporary boards and as
a member of the permanent Natural Resources Board he could serve on both of them as
well as Natural Resources.
5
Regular City Council Meeting
December 15, 2010
Page Six
Mayor Hill called for nominations for the first of five at -large positions.
Mr. Gillmor Dan Dragonetti
Ms. Coy Mary McGee
Mr. Wright Robert Zomok
Roll call
Mr. Wolff Mary McGee
Mayor Hill Mary McGee
Mr. Wright Mary McGee
Ms. Coy Mary McGee
Mr. Gillmor Mary McGee
Mary McGee was appointed to first at -large position.
Mayor Hill called for nominations for the second of five at -large positions.
Mayor Hill Donna Keys
Mr. Gillmor Dan Dragonetti
Mr. Wolff Jane Kennedy
Roll call
Mayor Hill Donna Keys
Mr. Wright Donna Keys
Ms. Coy Donna Keys
Mr. Gillmor Donna Keys
Mr. Wolff Donna Keys
Donna Keys was appointed to second at -large position.
Mayor Hill called for nominations for the third of five at -large positions.
Mayor Hill Jane Kennedy
Ms. Coy Dan Dragonetti
Roll call
Mr. Wright Dan Dragonetti
Ms. Coy Dan Dragonetti
Mr. Gillmor Dan Dragonetti
Mr. Wolff Dan Dragonetti
Mayor Hill Dan Dragonetti
Dan Dragonetti was appointed to third at -large position.
Mayor Hill called for nominations for the fourth of five at -large positions.
Mayor Hill Jane Kennedy
Mr. Wright Robert Zomok
Roll call
Ms. Coy Robert Zomok
Mr. Gillmor Robert Zomok
Mr. Wolff Robert Zomok
Mayor Hill Robert Zomok
Mr. Wright Robert Zomok
Robert Zomok was appointed to fourth at -large position.
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Regular City Council Meeting
December 15, 2010
Page Seven
Mayor Hill called for nominations for the fifth of five at -larqe positions
Mayor Hill Jane Kennedy ��There were no other nominations. jR
Jane Kennedy was appointed to the fifth at -large position.
The City Clerk said she had spoken to the City Attorney and had prepared an agenda
packet for a scheduled January 3, 2011 Charter Review Committee organizational
meeting. She then distributed packets to those appointed members who were in
attendance.
9. PUBLIC HEARINGS
10.039 A. Ordinance No. 0 10 07 Capital Improvement Element of Comprehensive Land
159 -207 Use Plan (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. (1 Reading 10/27/10, Postponed to 11/17/10 for Revision, 1 reading
11/17/10, Advertised 11/30/10, PH 12/15/10)
Mayor Hill opened the public hearing at 7:07 p.m. and the City Attorney read Ordinance
No. 0 -10 -07 by title.
The City Manager stated all changes suggested by City Council have been included in
the revision and recommended approval.
MOTION by Mr. Gillmor and SECOND by Mr. Wright to adopt Ordinance No. 0- 10 -07.
Mayor Hill called for public input.
Damien Gilliams said City Council needs to follow its own procedural guidelines.
Mr. Wright called a point of order stating this seems to be off topic. Mayor Hill agreed
and told Mr. Gilliams to stay on point.
Mr. Gilliams continued asking about procedure and Ms. Coy called a point of order.
Mr. Gilliams left the podium.
Result of Roll Call:
Ayes: All
Nays: None
Passed 5 -0
10.150 B. Ordinance No. 0 -10 -08 Aquifer Recharge LDC (GMD Transmittal, 0- 10 -08)
209 -213
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.
(1 reading 11/17/10, Advertised 11/30/10, PH 12/15/10)
Regular City Council Meeting
December 15, 2010
Page Eight
Mayor Hill opened the public hearing at 7:11 p.m. and the City Attorney read Ordinance
No. 0 -10 -08 by title.
The City Manager said this was done in an effort to find provisions that hindered
development to a certain extent, that P Z has recommended adoption, and reiterated
this seeks to change language that permits a little more construction where the aquifer is
located essentially along the US 1 corridor.
MOTION by Mr. Wright and SECOND by Mr. Wolff to adopt Ordinance No. 0- 10 -08.
Mayor Hill called for public input.
Kathleen Egan, Columbus Street, objected to the ordinance.
DRAFT
Jim Bitter, Kimley Horn and Associates, said he had been asked to address this by
Mickey Capp, noting about six months ago they looked at developing a restaurant and
found these provisions to be restrictive and a burden to develop on US1, noting other
agencies regulate aquifer recharge.
Damien Gilliams questioned cutting regulations to help development to create jobs,
citing page 212, in a town that doesn't have commercial recycling and we continue to
pollute.
Ms. Coy called a point of order and asked that he stay on topic. Mr. Gilliams said he is
an advocate of recycling and again Ms. Coy called a point of order. Mr. Wolff asked him
to get to the point and Mr. Gilliams said the City Manager says he's working on
commercial recycling.
Mr. Wright called a point of order and said the topic is the aquifer and not cardboard
recycling, and asked him to stick to aquifer recharge.
Mr. Gilliams said when you take your recyclables to the landfill, doesn't that affect the
aquifer. Mayor Hill said it did not.
Mr. Wright said Council reviewed this in detail at a previous meeting, restrictions were
above and beyond what St. Johns River Water Management District (SJRWMD)
regulates, and a review was conducted to ensure this was in compliance with the latest
science to make certain it didn't have any adverse affect on the water supply, and
thought the detailed research was done very well.
Mayor Hill said it was interesting that we are more restrictive than SJRWMD.
Result of Roll Call:
Ayes: All
Nays: None
Passed 5 -0
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Regular City Council Meeting
December 15, 2010
Page Nine
DRAFT
10.141 C. Resolution No. R -10 -41 Community Development Block Grant (CDBG) (GMD
215 -272 Transmittal, R- 10 -41, Letter, Map, Plans)
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE COMMUNITY
DEVELOPMENT BLOCK GRANT 2010 -2014 FIVE YEAR CONSOLIDATED PLAN, 2010 ANNUAL
ACTION PLAN AND AN APPLICATION FOR CDBG FUNDING FOR FY2010 (SF 424); AND
AUTHORIZING THE CITY MANAGER TO EXECUTE AND TRANSMIT ALL DOCUMENTS TO
THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; PROVIDING FOR
CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. (10/13/10 tabled, 10/17/10 revision of
funding, Advertised 11/23/10, PH 12/15/10)
Mayor Hill opened the public hearing at 7:23 p.m. and the City Attorney read Resolution
No. R -10 -41 by title.
The City Manager said at the last hearing we discussed where to spend our entitlement
money as defined by HUD regulations, then on October 13, Council directed we split
funding and in researching this, staff tried to identify how to spend money for veterans
programs. He said they contacted Indian River County and they would be willing to
accept the funding and use it for veterans in Sebastian for home rehabilitation.
MOTION by Ms. Coy and SECOND by Mr. Gillmor to approve Resolution No. R- 10 -41.
Mayor Hill called for public input.
Damien Gilliams, 1623 US Highway 1, said Council was taking $75,000 away from
veterans for a lift station, and they should be charging the organizations that use
taxpayer money to hold all the events in the park for the lift station. He said he hoped
Mr. Wolff would write a letter that the vets' money is going down the toilet, and he'll be
looking for a copy. He said everyone is making a profit but the taxpayers.
Ms. Coy responded that Veterans groups have been recipients of Clambake funds
numerous times, this past year the American Legion and VFW received funds so we
aren't leaving the vets behind in our city or at our festivals.
Result of Roll Call:
Ayes: All
Nays: None
Passed 5 -0
10. UNFINISHED BUSINESS
10.085 A. Update on Powerline Road Project by Masteller and Moler Council Direction
273 -279 (City Manager Transmittal, Maps)
The City Manager said he wanted to get direction from Council whether to move forward
on this project, which will connect CR512 to Main Street, the catalyst for the project
being Ashbury Subdivision where an escrow account was set up by the developer to
help pay for the road improvement. He stressed the importance of connectivity and
taking traffic off of local streets, most notably Barber, and we have here is an area of
property that is earmarked for a road, not using arterial streets. He said Indian River
County MPO Director, Phil Matson who will provide map modeling to explain the need.
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Regular City Council Meeting
December 15, 2010
Page Ten
D J F
Mr. Matson, IRC MPO Director, described the Metropolitan Planning Organization
(MPO) and gave a power point presentation on road modeling which demonstrated the
importance of Powerline Road in taking traffic off of other arterials (see presentation
attached to minutes).
Mr. Gillmor said it was interesting it shows a reduction on US1, and important for the
public to know in the MPO process, connectivity is important and is one reason the State
has said we won't have to six -lane US 1.
Mr. Wright noted that with the anticipated drop in traffic levels for roads such as Barber
and Fleming, is it correct to say that future traffic on these roads will stay much the same
as it is today. Mr. Matson said things will stay the same or get better.
The City Manager briefly described the bid and construction schedule as set out in the
agenda transmittal.
Steve Moler, PE, Vice President, Masteller and Moler, said their task was to develop
construction drawings and obtain permits, noting they must still obtain a gopher tortoise
permit just prior to construction. He said they have worked with the City Manager who
worked with the School Board which dedicated the triangular piece of land to be used as
an entrance to the school and will be part of the stormwater system for this project.
John Boyer, Masteller and Moler, described the project layout with a brief power point
presentation.
In response to Ms. Coy, Steve Moler said part of the property from the School Board will
be used from drainage, however, quite a bit of vegetation will be left and only melalueca
will be cleared. Mr. Boyer said the only restrictions imposed by the School Board were
that it be dedicated to public right -of -way, noting an acre in the triangle will not be
disturbed.
In response to Mr. Wolff, Mr. Boyer said there should be no impact to the existing
condition of already improved Powerline Road and the project will run north to south. He
said if equipment tears up the road, the contractor will have to fix it. He said the ditch is
approximately 40 feet from the edge of the roadway with curb so he did not anticipate
cars getting into the ditch.
The City Manager said he thought we had a quality design and recommended moving
forward to let the bid.
Mayor Hill called for public input.
Bill Fraser, Columbus Street, objected, stating the road will be in his backyard, said he
did not believe the data supported the project, and they will destroy his property all to
make things move smoother, it is a disservice to him, and his property value will be
destroyed.
10
Regular City Council Meeting
December 15, 2010
Page Eleven
DRAFT
Cathleen Egan, corner of Orange Street, Columbus Street, objected, expressed her
concern for splashing, noise, noted that behind her house is a holding pond, said the
area is not wide enough for a two lane road, and if they did a one lane road they could
allocate it to kids for a bikepath with exercise stations. She said the area is now used for
fishing, biking, hiking, and walking, is filled with wild birds and animals and her quality of
life and her neighbors lives will be destroyed. She said she was born in Florida, moved
here 6'h years ago and this is one of the last hold outs and we should keep it this way.
Teresa Rockwood, Columbus Street, objected, asked if money would be better spent on
other arterial roads, said this will increase traffic, and said she would like to see hard
core data used and put into a different model. She said she knows the money is in
escrow but there has been a push to spend this money and knows there is a better plan
to spend this money. She said she would like to see a needs assessment done, that
there is a small sliver of protected land left and questioned the priority.
Steve Rockwood Columbus Street, objected to the project based on public safety issues
for children exiting that school, asked if someone could look at whether there is room for
two way traffic on the narrow easement. He asked if a map of Sebastian could be put on
the overhead to show Orange and Columbus. He said he did not understand the
modeling that was provided.
Lillian Mandillo, Columbus Street, objected, said the distance between 512 and Main
Street may be one mile and to put in a speedway to cut across makes no sense,
because regardless of what road you use you have to travel Main Street or CR512. She
said children should be worth more than a road that will save someone ten seconds.
Ann Garrison, Columbus Street, asked if a traffic study had been done, and whether
modeling is the same thing as a traffic study.
The City Manager said he would say they are the same thing.
Ms. Garrison said US 1 is a federal highway designed to take traffic, and Sebastian
doesn't have a need to lessen traffic on US 1 and bring it into a nice quiet street. She
said they were told nothing would be built, that it was a FPL right -of -way, and they
should have checked with the City. She asked if the City would consider a buffer and
finished by stating that growth will be considerably Tess than what is being predicted.
Brian Pocock, 302 Columbus Street, said he has two small children and is teaching them
how to ride bikes and this will increase traffic in his front yard, and he is opposed.
Susan (no last name given) said she had a grandchild who lives on Columbus Street
and that this will affect her grandson's safety, and did not see the benefit.
Louise Kautenburg, said no one wants a road in their neighborhood, that the MPO
representative is correct, where anyone refused to build a road when it is needed you
end up like a funnel, and it is already happening here. She cited the increase on Main
and US 1 in the last ten years she has worked there, and said if 100 cars Tess went
down Main Street, it would ease the number of traffic accidents there. She said streets
are meant for the benefit of all, you have to have connectivity and if we erase all the
planned streets, we will all have gridlock.
11
Regular City Council Meeting
December 15, 2010
Page Twelve
DR AFT
Delmar Hasler, 255 Columbus Street, said he came here 15 years ago, bought on a
quiet street with the back of the house facing Powerline Road, said this will cause
property values to go down, and asked is there going to be a berm. The City Manager
said no.
He asked will there be a sidewalk and the City Manager said yes. Mayor Hill reminded
him to address the Chair.
Damien Gilliams said he felt bad for the people speaking, these people have invested
their life savings for their homes, and Council is doing a money grab, said the MP,O
numbers are a joke, there is no mitigation for scrub jays or gopher tortoises. He said we
need to do a study, and Council is hurting 50 property owners for three properties and
we don't need the road. He urged Council to give the developer back his money.
Mayor Hill called for a recess at 8:30 p.m. and reconvened the meeting at 8:43 p.m. All
members were present.
Mayor Hill asked Mr. Matson to show how they come up with the numbers.
Mr. Matson said traffic modeling is done the same nationwide and is based on UTMS
developed by MIT professors in the 60's. He said origins and destinations are
programmed into an electronic map with a limited roadway network, the algorithms in the
model will program the cars on the roadways with what is given, it is not perfect, we look
to see if it makes sense; it is based on gravity modeling such a neighborhood mall will
draw more trips than a convenience store; in the meantime, connectivity will prevent us
from having a Ft. Lauderdale situation.
Ms. Coy asked how long this road had been planned and Mr. Matson said it came up at
the City level, and he was asked by the City to look at it from a traffic standpoint.
The City Manager said it has been in place at least five and half years, and Ms. Coy
added by a previous Council when Ashbury went in. Mayor Hill said it has been platted
longer than that, and the City Manager said it came to light when Ashbury developed.
Ms. Coy said this issue is difficult, and she relates to each one that lives on Columbus
having fought the battle with Ashbury but lost, and said what Council didn't get to hear is
the hundreds of people this road will benefit. She said people will now have an access
to the school and one day Ashbury will be built out, Pelican Isles will benefit
tremendously, that it has been planned for some time, and discussed at previous
Council meeting, and it is unfortunate some people were misled when they bought their
homes. She asked if it was possible to buffer the road.
The City Manager said we can design it in, but it will increase cost and maintenance, if
Council directs it should be put in bid docs. Ms. Coy said it would help the folks on
Columbus, she would support the added expense.
Mr. Gillmor concurred with her, and said if at all possible he would like to see a berm,
noting the City has a tremendous amount of free dirt, and said shrubbery with a small
berm would facilitate shielding of visual and noise pollution. He said shrubbery alone
would not do this.
12
Regular City Council Meeting
December 15, 2010
Page Thirteen
DRAFT
Mr. Wright asked what the planned speed limit will be and what the speed limit on Main
Street is currently. He was told 30 mph and then he said it should not exceed Main
Street speed limit, and that he concurred with a berm. He noted between the road and
Columbus Street there is a ditch before it gets to the property.
Steve Moler said to come up with different concepts would be difficult due to powerlines
and we would have to thread between the poles, and between the curb and the top of
ditch is drainage and a bikepath. He said he believed we can fit in a hedge and tree, but
the City still has to maintain the ditch and he would be concerned equipment couldn't get
in with mature trees. He said there is no room for a significant berm.
Mayor Hill said he was hearing Council was directing them to do what we can do to
mitigate sound.
Mr. Wright said if there was no critical need for the bikepath, would that provide room for
a berm. Mr. Moler said the bikepath is to be located on the berm, so if you did not put in
the bikepath, the berm could go higher and landscape the berm. Mr. Wolff noted the
bikepath is part of the greenway path for MPO.
The City Manager said the bikepath is part of the greenway trail, but he has always been
concerned with the bikepath cost because of the ditch we need a rail, he doesn't see the
bikepath happening at this time, and it would open space for a berm. Mayor Hill said the
goal is to minimize the impact to residents. The City Manager noted we still have the
sidewalk on the east side of Powerline Road.
Mr. Wolff said he heard of this for the last four years primarily with mention of escrow,
other than there has been little serious discussion. He said it made sense during the
housing bubble, noting Ashbury has been a bust, the property opposite the Post Office
which was going to be town houses has been a bust. He said being on Council he has to
consider what the people who are here now want. He said when Ashbury comes back,
the road will need to be extended but there is no urgency for the road and it goes back to
impacting people's lives when you are on council, many here for their golden years. He
said it wouldn't be end of world to give up the $180,000 escrow and recommended
postponing it for ten years, and when time comes and we need the road, bite the bullet
and put it in. He said he had spoken with the City Manager and previously said the
project made sense to him but now listening to people felt it would be a great disservice
to the folks who would be impacted. He said he will vote for quality of life.
Mayor Hill said he feels for everyone who lives on Columbus Street, noting he had lived
where on property adjacent to City property, but said he had to look at the benefit for the
greater good, noting growth is inevitable, said the road is needed today and it will be
beneficial.
MOTION Mr. Gillmor and SECOND by Ms. Coy to instruct staff to move forward
provided we can put in a berm and foliage to buffer as well as we possibly can.
Result of Roll Call:
AYES: Coy, Gillmor, Hill, Wright
NAYS: Wolff
Passed 4 -1
13
Regular City Council Meeting
December 15, 2010
Page Fourteen
11. PUBLIC INPUT
9:12 pm Damien Gilliams apologized to the City Manager for having misspoken at the last
meeting in regard to the reducing the amount of people on the payroll, suggested
Council reduce the City Manager's spending authority from $15,000 to $5,000, said it
was imperative the Budget Committee start meeting now, suggested rewarding
Department Heads who save money, said Growth Management is where we can save
money, but the Building Department is needed. He said Council should not discriminate
against families by seeking SkyWiFi for seniors only, and urged Council to go after
banks which are not maintaining foreclosed houses which drives down value of abutting
properties. He wished everyone Happy Holidays and said if some one is hurting, reach
out and help. D
12. NEW BUSINESS
10.121 A. Award Design -Build Contract for Sebastian Municipal Airport Hangar "B" to
281 -282 Ahrens Companies in the Amount of $1,304,022 (Airport Transmittal, Bid and
Contract Documents Previously Provided Under Separate Cover)
The City Manager gave a brief background on the RFP for Hangar B and recommended
awarding the design -build contract to Ahrens Company.
MOTION by Mr. Wright and SECOND by Ms. Coy to award the design -build contract for
Airport Hangar B to Ahrens Companies in the amount of $1,304,022.
Damien Gilliams, asked why we are providing $56,000 for a generator for a tenant, and
suggested improvements on the inside should be the responsibility of tenant.
Mr. Wright complimented staff on the amount of detail in the backup, said this was a
complex negotiation, was summarized well, noted we set aside funds for this project,
and said there will be a savings, but he did have a couple of questions. He asked if we
can go back to the County to have impact fees reduced or waived, perhaps making an
application to Economic Development Council to receive a break, and asked for an
explanation as to why the generator was necessary.
Mr. Wolff said the generator was the only sticking point for him, suggesting the building
should be wired for the generator but not provide the generator, saying if they leave we
can negotiate a generator, but it is not paramount to their business but rather a luxury
item.
The City Manager said because this is a City building being leased to a tenant staff
wanted a fully operational facility, but can eliminate the generator if that is Council's
decision. He said the hydro -swing door is the best value so he recommended that as
well as hurricane windows and fire protection which will be needed because those are
landlord issues. He said in regard to impact fees, in Hangar A, staff did not put in impact
fees and had to come back to council for authorization, so it was left in this base bid and
if we go over he will have to come back to Council to modify the contract.
14
Regular City Council Meeting
December 15, 2010
Page Fifteen
He said we will twist the County's arm and let them know there is job creation there, and
Council can help by talking to the County as well.
Mr. Wolff said if we asked for the waiver with Hangar A we would be in trouble as no
jobs were created. The City Manager said it is arguable whether we created new jobs or
not, though IRC would probably argue we did not, but V- Raptor is a new business in
Indian River County.
Mr. Wolff said if we delete the generator there is actually a savings of about $63,000
from the cost of Hangar A. Mr. Gillmor said if the generator is not a need, let's save the
money.
Mr. Wright and Ms. Coy modified their motion to delete the generator.
Result of Roll Call:
Ayes: All
Nays: None
Passed 5 -0
DRAFT
10.038 B. Resolution No. R -10 -46 FY 2009 -1010 4 Quarter Budget Amendment
283 -306 (Finance Transmittal, R- 10 -46, 4 Quarter Comparison, Capital Project Status
Report, Schedule of Investments, 4 Quarter Accomplishments)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING
AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2009, AND
ENDING SEPTEMBER 30, 2010 AS PROVIDED FOR IN EXHIBIT "A PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
9:31 pm The City Attorney read Resolution No. R -10 -46 by title.
The Finance Director briefly updated Council on the final FY 2010 budget numbers in the
4 quarter amendment, said all came in under budget amounts, though we need to
replenish the Police Department for pension expenditures as required by the State. He
said staff is trying to improve investment income, and reiterated that this is the end of the
fiscal year, and the audit is on -going though he doesn't expect anything of significance.
MOTION by Ms. Coy and SECOND by Mr. Wolff to approve Resolution No. R- 10 -46.
Damien Gilliams read from the Growth Management Department's accomplishments,
said their work can be handled by the Building Department, said let's start consolidating,
noting Fellsmere contracts out and bills the developer. He commended the Finance
Director for doing a good job, and recommended a grant office, with an employee that
receives a percentage of what is obtained.
Result of Roll Call:
Ayes: All
Nays: None
Passed 5 -0.
15
Regular City Council Meeting
December 15, 2010
Page Sixteen
10.159 C. Ordinance No. 0 -10 -09 Alcoholic Beverage Sales Restriction (City Attorney
307 -311 Transmittal, 0- 10 -09)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
AMENDING CITY CODE OF ORDINANCES CHAPTER 10 CONCERNING RESTRICTIONS ON
THE SALE OF ALCOHOLIC BEVERAGES; RELAXING THE RESTRICTIONS IN SPECIFIC
CIRCUMSTANCES; PROVIDING FOR CONFLICTS, SEVERABIITY AND EFFECTIVE DATE.
The City Attorney read Ordinance No. 0 -10 -09 by title. The City Manager said the
ordinance includes the modifications requested at the last meeting.
MOTION by Ms. Coy and SECOND by Mayor Hill to approve Ordinance No. 0 -10 -09 (on
first reading and set public hearing for January 12, 2011).
Edna Gonzales thanked Council for the ordinance for the growth of her restaurant and
for Sebastian's growth.
Beth Mitchell, Executive Director, Sebastian River Area Chamber of Commerce, said the
Chamber Board considered this last week and they unanimously support the
amendment. She expressed her appreciation for Council's support of the business
community over the last year.
Damien Gilliams, said it was good to see the Director of Chamber, maybe she can let us
know what businesses opened up and what they need to survive. He said it was nice
helping one business and asked them to consider letting businesses that serve alcoholic
beverages stay open to 2 a.m., so customers don't get in vehicles to drive to Brevard for
the extra hour. He also requested providing that police cars can't park within 1,000 feet
of a bar.
Ron Thomas, Caravan Terrace, Pastor Friendship Christian Community, said Council
went from considering distance from a church or school to allowing a full liquor license.
He said at the last meeting it was implied that the religious community twisted Ms. Coy's
arm and forced her to cave five years ago. He said last month Council indicated that
they were prohibited from enjoying a glass of wine which is onerous when we have over
30 establishments that can serve beer and wine and asked how is this restricting
economic development, and if we are so concerned over this one location, keep the
ordinance for the US 1 corridor only. He said this is about where we stand and what we
stand for.
Ms. Coy asked him if he was conducting services at Seawinds, wasn't there a bar and
package store near there. He said he has no problem with alcoholic beverages with a
meal, but the location near churches and schools where children's activities are taking
place is his concern, and that Seawinds is not his church but a temporary location with a
chapel to use.
MOTION by Ms. Coy and SECOND by Mr. Gillmor to extend the meeting passed on a
voice vote of 5 -0.
16
Regular City Council Meeting
December 15, 2010
Page Seventeen
Louise Kautenburg said the law is not unique to Sebastian, but has been in effect in
many places, called blue laws, and most communities have eliminated them so as not to
discriminate against one set of beliefs over another. She said she was in favor of the
ordinance.
Mayor Hill read the proposed language.
In response to Mr. Wright, the City Attorney said this language is in compliance with
State law, noting the 51% from restaurant comes from State law, and in fact our
ordinance goes further than State law, which allows counties and municipalities the right
to regulate such things under Home Rule.
Mr. Wright said he did not think the question of a free standing bar accomplishes any
more than 51 from food sales, citing that when going to a busy restaurant, many
people will have to wait for a table and it is comfortable to have a cocktail while you wait,
and a freestanding bar is also a convenient place to set up liquor for the restaurant. He
said the restriction against freestanding bars is overly burdensome and recommended
taking it out.
Mayor Hill agreed and said if 51 of the sales comes from food, we should limit the
intrusion of government on design of the restaurant and would agree with taking out that
regulation.
Mr. Gillmor said he thought the intent of eliminating free standing bars was to allow only
beer and wine sales and not liquor within 450 feet of a church or school.
Ms. Coy said the request before us was for beer and wine sales and she likes the way it
is written, if look at the number of churches and schools affected by the 450 foot
regulation, it is not that much space, and said you have to seat a lot of people to get a
liquor license. She said she had invited every single pastor who has an owned building,
and most of them said it is not an issue as written, and we can change it later if
necessary. She said no one twisted her arm then or now, that she had believed it to be a
good ordinance back then but it is time to catch up with the times and having discussed
the issue, it's time to get up to speed and change the rules.
She said she had asked the Chief to provide statistics on DUIs and would not support
bars being open later than 1:00 am, noting after 8 pm you have three times more chance
to get hit by a drunk driver.
Mr. Wolff said he sees problem with the Village Shops, the people who put them had an
engineer who designed five pounds of potatoes in a three pound bag and it has caused
a host of problems, said he was disappointed to see an ad saying you can bring your
own booze and questioned the legality of it. He said he visited the restaurant and it was
crowded and could not get in. He said there is a great deal of alcoholic beverage
consumption in the riverfront, noting you can start at 7 am. He said Pastor Thomas was
an eloquent speaker and kept his religious views out, questioned changing the
ordinance for one individual, but said he did not think it would harm Sebastian if we
change it.
17
Regular City Council Meeting
December 15, 2010
Page Eighteen
Mayor Hill recommended leaving the language as written, and would keep his second as
it stands.
Mr. Wright said he did not want to see someone come in that might need that type of
facility and risk losing a quality restaurant, but he can live with it the way it is, and hoped
people would question what they can do and that Council may be open to changing it.
The City Attorney noted one minor change in the body after the word "which" in
paragraph (a) (1) (A) there should be a colon and not a semi colon.
Ms. Coy and Mr. Gillmor modified their motion to include the punctuation change.
Result of Roll Call:
Ayes: All
Nays: None
Passed 5 -0
Damien Gilliams told Council to stop regulating us.
10.163 D. Discuss Possibility of Restricting Solicitation for Donations on City Streets and
313 Direct Staff Accordingly Requested by Council Member Coy (City Clerk Transmittal)
Ms. Coy said she has discussed this with the City Attorney, the City Clerk provided a
copy of a letter to her from local veterans groups about one particular veterans group
soliciting donations in the streets which, she said, is dangerous and distracting though
they aren't the only group, and said we can direct staff not to issue any permits to solicit
funds on our streets.
Mr. Gillmor said they are not veterans, and are walking in the streets and he can see
someone being hurt in traffic.
Mr. Wright said he would not want to see this affect kids doing car washes. Ms. Coy
said they are on the side of the road.
The City Manager said Mr. Gillmor bought this up as well and at that time we didn't feel
we could make a change, but if someone is in right -of -way we will chase them out. He
said the kids are typically on private property.
Mr. Wright said he didn't want the kids restricted and Ms. Coy said they aren't collecting
money.
MOTION by Ms. Coy and SECOND by Mr. Hill to direct staff not to grant permits for
solicitation for money on our streets passed on a voice vote of 5 -0.
Mayor Hill encouraged anyone to come forward that might have a special need.
18
Regular City Council Meeting
December 15, 2010
Page Nineteen
13. CITY ATTORNEY MATTERS
10.103 A. Litigation Update (City Attorney Transmittal)
315
The City Attorney said since he writes the auditor's letter he thought he would provide
this to keep Council up to date.
14. CITY MANAGER MATTERS
The City Manager reported:
He would like a January 5 Special CRA/City Council Meeting to address
several Riverfront District issues. There were no objections.
He will be coming forward with LDC modifications.
Briefly described the Stormwater Master Plan revision approved tonight.
In regard to the approved AN equipment, it looks like Comcast will provide up to
$5,000 to reimburse costs.
15. CITY CLERK MATTERS
Wished everyone a Merry Christmas and Happy New Year.
16. CITY COUNCIL MATTERS
A. Council Member Coy
Wished everyone a Merry Christmas and Happy New Year.
C. Council Member Wolff
Wished everyone a Merry Christmas and Happy New Year.
DRAFT
B. Council Member Gillmor
Wished everyone a Merry Christmas and Happy New Year, and announced the
Cowboy Christmas with Santa Claus at LaPorte Farms this Saturday.
D. Mayor Hill
Wished everyone a Merry Christmas and Happy New Year, and asked if anyone
on Council had anything they wanted him to bring to the Mayors' Meeting on
January 10 Mr. Wright asked if other members of Council could attend, and the
Clerk noted the public notice states that two or more members of the County
Commission and /or member Councils may be in attendance.
E. Vice Mayor Wright
Wished everyone a Merry Christmas and Happy New Year.
17. Being no further business, Mayor Hill adjourned the Regular Meeting at 10:28 p.m.
Approved at the January 12, 2011 Regular City Council meeting.
ATTEST:
Jim Hill, Mayor Sally A. Maio, MMC City Clerk
19 0
20
Subject: Police Department Vehicle
Purchases
Ap rove for Submittal by: City Manager
Agenda No. 1 I 0 07
Department Origin:
Finance Director:/
Polic
4 AI'
City Attorney:
City Clerk:
o *n
■I
IP
Date Submitted: 01/03/11
For Agenda of: 01/12/11
ed A. Minner
Exhibits: FSA Bid Awards 10 -18 -0907 and Quote Sheets from Duval Ford.
EXPENDITURE REQUIRED:
$232,750.00
AMOUNT BUDGETED:
$276,500.00
APPROPRIATION
REQUIRED: None
HOME Of PELICAN ISLAND
CITY OF SEBASTIAN
AGENDA TRANSMI 1 "1'AL
SUMMARY
The Police Department has an approved budget to replace seven high mileage, high maintenance
vehicles. Due to the current economic environment, we have scrutinized our present fleet
replacement schedule, and determined that the replacement of these seven vehicles would be
sufficient. We are requesting approval to purchase seven Ford Crown Victoria Police Interceptor
vehicles.
The Ford Crown Victoria Police Interceptor (CVPI) is consistent with our current fleet of patrol
vehicles. The Ford (CVPI) is a proven and fully reliable vehicle consistent to conduct functions
necessary for road patrol duties. The Ford (CVPI) is a body -on -frame vehicle which allows for
less expensive repairs. The Ford (CVPI) vehicles are produced specifically for law enforcement
and are built with heavy duty suspension, enhanced engine cooling systems ensuring longer
engine life, and upgraded braking systems.
Comparative vehicles featuring rear -wheel drive police packages are the Dodge Charger and the
Chevy Caprice, $1438 and $3355, respectfully, more than the Ford (CVPI), according to the
Florida Sheriff's Association Florida Association of Counties Purchasing Contract.
The balance of the budgeted funds will be utilized to obtain additional required equipment for the
vehicles (graphics, radars, laptop computers, Stingers, and AED's).
The replaced vehicles will be sold at public auction.
RECOMMENDED ACTION
Move to authorize the purchase of seven Ford Crown Victoria Police Interceptor vehicles in the
amount of $232,750.00. The purchase is from the State Contract 10 -18 -0907.
ZONE:
BASE PRICE:
Op,Fll?F
FLORIDA
COUNTIFS
All About Florida
FLORIDA SHERIFFS ASSOCIATION,
FLORIDA ASSOCIATION OF COUNTIES
FLORIDA FIRE CHIEFS' ASSOCIATION
FULL SIZE PURSUIT VEHICLES RWD (POLICE PACKAGE)
SPECIFICATION #1
2011 Ford Crown Victoria (P7B /720A)
The Ford Crown Victoria (P7B /720A) purchased through this contract comes with all the standard equipment as specified by the
manufacturer for this model and FSA's base vehicle specification(s) requirements which are included and made a part of this
contract's vehicle base price as awarded by specification by zone.
*Western
$20,884.00
*Northern Central Southern
$20,764.00 $20,871.00 $20,873.00
While the Florida Sheriffs Association, Florida Association of Counties and Florida Fire Chiefs' Association have attempted to
identify and include those equipment items most often requested by participating agencies for full size vehicles, we realize equipment
needs and preferences are going to vary from agency to agency. In an effort to incorporate flexibility into our program, we have
created specific add/delete options which allow the purchaser to tailor the vehicle to their particular wants or needs.
The following equipment delete and add options and their related cost are provided here to assist you in approximating the total cost
of the type vehicle(s) you wish to order through this program. Simply deduct the cost of any of the following equipment items you
wish deleted from the base unit cost and /or add the cost of any equipment items you wish added to the base unit cost to determine the
approximate cost of the type vehicle(s) you wish to order.
NOTE: An official listing of all add/delete options and their prices should be obtained from the appropriate dealer in your zone when
preparing your order. Additional add /delete options other than those listed here may be available through the dealers, however, those
listed here must be honored by the dealers in your zone at the stated prices.
Bid Award Announcement Revised (10 -18 -0907) 167
VEHICLE:
DEALER:
ZONE:
BASE PRICE:
Western
Northern
Order Code Delete Options Central Southern
NA 1 V6 engine in lieu of V8 engine NA NA
NA Black vinyl floor covering
FIN 1 Cloth rear seat in lieu of vinyl
88H 2
D96A 1 Front door body side molding N C I NC
96A 2
54M 1 5" round dome lamp N C I NC
DELETE DOME 2
D51A 1 Left hand pillar mounted 6" spotlight with clear halogen bulb $75.00 $130.00
DELETE SPOT 2
NA
Order Code
Please refer to Part D Emergency Vehicle Lighting Specifications
for lightbar descriptions and the awarded dealer pricing.
1
DPS 1
PRIORITY START 2
177 1
177 2
45C 1 Limited slip differential
45C 2
68P 1 Complete Police Prep Package
68P 2
65A 1 Base Police Prep Package
65A 2
65U 1 Police Prep Package "Ready for the Road"
65U 2
65P 1
65P 2
Crown Victoria Crown Victoria Crown Victoria Crown Victoria
(P7B /720A) (P7B /720A) (P7B /720A) (P7B /720A)
Duval Ford Duval Ford Duval Ford Bartow Ford Company
Western Northern Central Southern
$20,884.00 $20,764.00 $20,871.00 $20,873.00
Space saver spare tire in lieu of full size spare tire
Add Options
Priority start/battery saver
Silicone hoses
Base Lighting Package
51Y 2 installed
Upgrade from Base Car 1
NA Std
NC $55.00
NA NA
Western
Northern
Central Southern
8190.00 $186.00
$320.00 $320.00
$125.00 $125.00
$2,075.00 $2,075.00
$770.00 $770.00
$4,120.00 $4,120.00
$1,955.00 $2,075.00
51Y 1 Left right -hand pillar mounted 6" spotlight with clear halogen bulb, factory $180.00 $340.00
•.,Bid Award Announcement Revised (10 -18 -0907) 168
2
VEHICLE:
DEALER:
ZONE:
BASE PRICE:
65W 1 Visibility Package
65W 2
60T 1 Fire suppression system
60T 2
TREMCO 1 Tremco anti -theft foot activated, dealer installed
TREMCO 2
DSS 1 SafeStop vehicle anti -theft key activated or emergency lights activated,
STOPSAFE 2 plug -play for most Ford and Chevy fleet vehicles, dealer installed in 20
minutes or less
DML 1 Rechargeable mag light
MAGLIGTHT 2
187 1
187 2
189 1
189 2
172- 179- 175 -DAG 1
172.175.476 2
RPRSBS -CV03
RPRSBS -CV03 2
Crown Victoria Crown Victoria Crown Victoria Crown Victoria
(P7B /720A) (P7B /720A) (P7B /720A) (P7B /720A)
Duval Ford Duval Ford Duval Ford Bartow Ford Company
Western *Northern Central Southern
$20,884.00 $20,764.00 $20,871.00 $20,873.00
Roof wiring with hole
Roof wiring without hole
Accessory feed wires for police equipment
Includes Dealer Installed Fused 8 GA Wire, Call for Details 1
LAMP PRE- WIRE,SIREN,SPEAKER GRILL LAMP,HORNSIREN WIRING PREP PACKAGE 2
Ready Buckle Prisoner Restraint Seat Belt System Crown Vic
RPRSBS -DCO3 1 Ready Buckle Prisoner Restraint Seat Belt System Dodge Charger
RPRSBS -DCO3 2
14T 1 Kevlar trunk package
14T 2 HDPE DROP IN BOX W. FRONT KEVLAR REDUCES RISK OF POLICE EOUIP PENETRATING
THE BACK SEAT 2
61H Ignition powered trunk button, factory installed
61H
41A 1 Comfort and convenience group
41A 2
750A 1 Street appearance group
750A 2
64N 1 Full wheel covers
64N 2
DNT 1 Nitrogen filled tires including spare tire
NITRO 2
58Z 1 AM /FM radio with single CD
58Z 2
77D 1 Daytime running lights
77D 2
DPG 1 Sunscreen privacy glass
DEEP TINT 2
$3,090.00 $3,090.00
$3,495.00 $3,495.00
$189.00 $175.00
$299.00 $274.00
$145.00 $155.00
$195.00 $195.00
$85.00 $85.00
$265.00 $85.00
NA $625.00
NA NA
$190.00 $190.00
$60.00 $60.00
$760.00 $760.00
$199.00 $155.00
$45.00 $45.00
$125.00 $135.00
$185.00 $185.00
$50.00 $50.00
$365.00 $195.00
Bid Award Announcement Revised (10 -18 -0907) 169
VEHICLE:
DEALER.
ZONE:
BASE PRICE:
40A -P 1 Cloth split bench front
P41 A 2 Includes Comfort and Convenience Group 1
INCLUDES POWER DRIVER SEAT 2
21A 1
21A
128 1
128 2
67B 1
67B 2
DLMU 1
RDINOP 2
948 1
948 2
525 1
525 2
53M 1
53M 2
478 1
478 2
STD 1
DDT
DEEP TINT 2
3K 1
3RD KEY 2
43* 1
432 2
14R 1
14R 2
96B 1
96B 2
DVS
VENT VISOR 2
DVF
RAINSHIELDS 2
DBW
DOORBLANK 2
98G 1
98G 2
Crown Victoria Crown Victoria Crown Victoria Crown Victoria
(P7B/720A) (P7B/720A) (P7B /720A) (P7B/720A)
Duval Ford Duval Ford Duval Ford Bartow Ford Company
Western Northern Central Southern
$20,884.00 $20,764.00 $20,871.00 $20,873.00
Driver seat only 6 way power
Carpet (installed)
INCLUDED FRONT REAR FLOOR MATS 2
Rear door locks handles inoperative
Rear door locks handles inoperative, dealer modifiction
Includes manual unlock device on both rear doors and rear window mop 1
Rear windows inoperative
Cruise control
$760.00 $758.00
$380.00 $380.00
$125.00 $125.00
$25.00 $25.00
$178.00 $145.00
$25.00 $25.00
$225.00 $225.00
$95.00 $95.00
Radio noise suppression
8 GROUND STRAPS: ENG TO DASH, HOOD TO BODY, DECKLID TO BODY, ENG TO FRAME,
TAIL PIPE TO 2
Courtesy light disabled $20.00 $20.00
Side air protection (may affect cage availability) Std Std
Legal deep tinted film, lifetime warranty, dealer installed $365.00 $195.00
3M OR EQUAL 2
Third key $125.00 $32.00
Keyed alike $50.00 $50.00
Please specify code 1
MUST SPECIFY KEY CODE ON PURCHASE ORDER BEFORE ORDER IS PLACED 2
Factory remote keyless entry with 2 fobs included. $255.00 $255.00
FOR EXTRA KEY FOB ADD $80
Front door moldings, not installed Inc1. $30.00
MUST SPECIFY 1
Vent visors stick -on style $145.00 $135.00
Rainshields flange style $125.00 $135.00
Door blank rear window barriers with manual lock override (Setina, Pro-Gard, $472.00 $425.00
Cruisers or approved equivalent)
Locking gas cap $10.00 $10.00
id Award Announcement Revised (10 -18 -0907) 170
VEHICLE:
DEALER:
ZONE:
BASE PRICE:
952 1
952 2
DC3 1
HITCH3 2
GRAPHICS 1
GRAPHICS 2
GUN RACK 1 Optional equipment specify
ALTDESTINATION 2 Big Sky Electric w/ Switch and Timer 1
ATERNATIVE DESTINATIONINCL DEALER PDI 2
Optional equipment specify
Console w/Cupholders, Armrest, Acc Plug, and Mic Clip 1
BALLISTIC DRIVER SIDE DOOR PANEL 2
CONSOLE
90L 2
LAPTOP
90B 2
ICOP
HAVIS CONSOLE 2
SPB12 1
PB100Al2 2
SPB16
PB100A16 2
SPB300 1
PB300 2
GR5000 1
Go Rhino 5000 2
L3P
Laguna 3P 2
PG6000 1
Pro Gard 6000 2
CRPCM
Cruiser PCM012 2
NA
Patriot PSCV 1 2
MOS
Setina #10 2
S8S 1
Setina 8S 2
PG2600 1
Pro -Gard P2600 2
Crown Victoria
(P7B /720A)
Duval Ford
Western
$20,884.00
Crown Victoria
(P7B /720A)
Duval Ford
Northern
$20,764.00
Two-tone paint
FACTORY TWO TONE Please spcecify code 1
Class III hitch with 2" ball, dealer installed
Optional equipment specify
Deluxe Package, Call for Details 1
LNSTALL AGENCY GRAPHICS 2
Optional equipment specify
Universal Lap Top Mount and Stand 1
BALLISTIC DRIVER PASS4NGER SIDE PANEL 2
Optional equipment specify
1COP 20/20 -W or Vision in Car Camera System w /Software, Call for Details and Available
Options 1
BASE HAVIS CONSOLE 2
Setina PB100Al2 12" Aluminum Push Bumper
$50 Discount if purchased with Lighbar Package 1
Setina PB100A16 16" Aluminum Push Bumper
$50 Discount if purchased with Lighbar Package 1
Setina PB300 Push Bumper
$50 Discount if purchased with Lighbar Package 1
Go Rhino 5000 Series Push Bumpers
$50 Discount if purchased with Lighbar Package 1
Rear Transport Seat Laguna System 3P
Crown Victoria
(P7B /720A)
Duval Ford
Central
$20,871.00
Rear Transport Seat Pro Gard 6000 Series
Rear Transport Seat Cruiser PCM012
Rear Transport Seat with extended seat belt Patriot PSCV 1
Setina #10 Series Lexan Cage with sliding window, full width lower extension
panel, dealer installed
Setina 8S Lexan cage with 1/2 lexan and 1/2 expanded metal with full lower
extension panel, dealer installed
Pro-Gard P2600 Series Polycarbonate (Lexan) Cage with sliding window, full
width lower extension panel, dealer installed
Bid Award Announcement Revised (10-18-0907)
Crown Victoria
(P7B /720A)
Bartow Ford Company
Southern
$20,873.00
$885.00
$485.00
$375.00
$424.00 $375.00
$549.00 $1,295.00
$404.00 $2,485.00
$5,700.00 $425.00
$389.00 $365.00
$399.00 $375.00
$459.00
$459.00
$698.00 1
$591.00
$445.00
$375.00
$645.00
$575.00
NA
$740.00
$740.00
$684.00
$885.00
$435.00
$435.00
$633.00 $565.00
$875.00
$765.00
$725.00
$685.00
17I
VEHICLE:
DEALER:
ZONE:
BASE PRICE:
NA
Patriot VP1 -120 2
NA
Patriot VP1 -100 2
CRS &L
Cruisers Cage with
slide and lock
window 2
CRH &H 1
Cruisers Cage with 1/2
Lexan and 1/2 mesh 2
K9 1
K -9 Container 2
HEAT ALARM
PRO 1
ERRDO 2
HEAT ALARM
PRO 1
HEAT ALARM
SYSTEM 2
DTT
TEMP TAG 2
DTR
TRANS TAG 2
TAG 1
NEW TAG 2
DSM 1
DSM 2
5 /100 PT 1
575BASE 2
5/75 BASE 1
575EXTRA 2
5/75 EXTRA 1
575PREM 2
Crown Victoria
(P7B /720A)
Duval Ford
Western
$20,884.00
Crown Victoria
(P7B /720A)
Duval Ford
Northern
$20,764.00
Patriot VP1 -120 Lexan cage with 1/2 lexan and 1/2 metal with full lower
extension panel, dealer installed
Patriot VP1 -100 all Lexan cage with full lower extension panel, dealer installed
Cruisers Cage with slide and lock window, lower extension panels, dealer
installed
Cruisers Cage with 1/2 Lexan and 1/2 mesh, lower extension panels, dealer
installed
K -9 Container. All aluminum In- Vehicle (rear seat area) K -9 Container to protect $2,523.00 $2,395.00
the public, officer, K -9, and vehicle. Please specify vehicle year, make and
model. Call for installation, shipping, and/or delivery prices.
Includes Rubbor Floor Liner and Water Dish, Powdercoat Add $350 1
Electronic Remote Rear Door Opening system to be used with the K -9
Container Allows the officer to release the K -9 from the vehicle from a remote
position.
Installed by Radio Tronics, Call for Details 1
Heat Alarm System to be used in a K -9 vehicle. Warns officer when dangerously $1,449.00 $615.00
high temperatures are inside the vehicle.
Installed by Radio Tronics, Call for Details 1
Temporary tag
Transfer existing registration (must provide tag number)
New state tag (specify state, county, city, sheriff, etc.)
Complete set of sho manuals ONLY
CD ROM OR BINDER
Warranty specify
Powertrain 5 /100 $0 Ded 1
$0 DEDUCTIBLE BASE CARE 5 YEAR/75000 MILES 2
Warranty specify
Base Care 5/75 $0 Ded 1
$0 DEDUCTIBLE EXTRA CARE 5 YEAR/75000 MILE 2
Warranty specify
Extra Care 5/75 $0 Ded 1
$0 DEDUCTIBLE PREMIUM CARE 5 YEAR/75000 MILE 2
Award Announcement Revised (10 -18 -0907)
Crown Victoria
(P7B /720A)
Duval Ford
Central
$20,871.00
Crown Victoria
(P7B /720A)
Bartow Ford Company
Southern
$20,873.00
NA $735.00
NA $735.00
$768.00 $775.00
$768.00 $775.00
$1,449.00 $785.00
$16.00 $18.00
$115.00 $100.00
$149.00 $133.00
$296.00 $320.00
$2,875.00 $2,755.00
$2,755.00 $3,395.00
$3,395.00 $3,640.00
172
Contact
Org
Phone
Cell
email
GVEKIUMENT SALES
Exterior Vehicle Cotor
White
Interior- Charcoal grey
11/17/201010:06 AM
Chief Greg Witt
Sebastian PD
772- 589 -2512
772 -473 -2400
ow itt(c77cityofsebastia n. orq
Emergency Lighting:
I Color lights
Red Blue lenses
Sebastian PD
Duval Ford
5203 Waterside Drive; Jacksonville, FL 32210
Laura Smith
904- 388 -2144
Fax: 904-387 -6816
laura.smithna duvafford.com
We appreciate your interest in the 2010/2011 Florida Sheriff's Associadon/Florida Association of
Counties Purchaseing Contract Listed below are the items we discussed
Item
Price
Spec 01
DOME
45C
67B
DBW
DVF
14T
478
MAGLIGHT
WRDL
51A
WPLB -LED
WGL
W60
PG6000
P2600
PB400
RRLE24 -750
425 -5340
425 -6234
425 -6038
425 -6034
425 -2490
2011 Ford Crown Vic Police Interceptor
Dome light
Limited slip differential
Rear door locks handles Inop.
Door blanks rear window barriers
Rainshields (flange)
Kevlar trunk package
Courtesy light disabled
Rechargable mag light
Rear deck LED warning lights (red blue)
Left hand pillar mounted spotlight
LibertyPremium LED lightbar package (red blue)Incl: Two Wire Controlled Traffic Advisoi
(2)flashing/takedown halogen lights, (2)flashing/alley halogen lights, mounting kit, combinatk
Iight/siren controller, siren speaker and mounting brackets
LED grille lights
60W 4 Corner strobes
Proguard Prisoner seat
Proguard P2600 Lexan cage
Setina push bumper PB400
Apollo digital video recorder w/ camera, kit wiring harness
Jotto Desk Laptop Mount
Jotto desk console package w/ 18" mounting space 24" floor plate
Jotto desk dual cup holder
Jotto desk adjustable arm
Jotto desk USB flexlight 5 LED
Agency must specify Exterior Color
Quantity
20,871.00
INCLUDED
125.00
25.00
472.00
125.00
190.00
20.00
145.00
363.00
INCLUDED
2,143.00
303.00
395.00
591.00
684.00
409.00
5,239.00
365.00
785.00
33,250.00
Quantity (7)
Driver's, side
Passenger side
$232,750.00
Sebastian CV.xl
Subject:
Lion Club 4 of July Celebration
R -11 -01
Ap ov:., or Submittal by:
Agreement
Agenda No. (1, 0 0 8'
Department Orig'
City Attorney:
Man -per
;CAM
City Clerk: -41.0,1
Administrative
Date Submitted:
Srvc: 4of
6 JAN 11
I 1 n City Manager
Exhibits: Resolution R- 11 -01, Joint Agreement
EXPENDITURE REQUIRED:
N/A
AMOUNT BUDGETED:
N/A
APPROPRIATION
REQUIRED:
N/A
st0A7inAN
HOME OF PELICAN ISLAND
AGENDA TRANSMITTAL
SUMMARY
Norman Meyer of the Sebastian's Lions Club has requested that the City of Sebastian renew the
Joint Project Agreement between the City of Sebastian and the Lions Club. Historically, these
organizations have joined forces to conduct the community's July 4 Celebrations. The latest
Agreement expired after the July 2010 event.
The Joint Agreement has run for five year increment. The Lion Club has requested the exact
same terms as amended in 2009. If you recall that amendment permitted the sale of beer and
wine, after a plan is review and approved by the City Manager.
The attached agreement has a term of 2011 2015. Should Council approve this agreement, the
City's Park Usage regulations will have been satisfied.
RECOMMENDATION
Staff recommends approval of the 2011 -2015 Joint Project Agreement between the City and the
Lions Club.
RESOLUTION NO. R -11 -01
follows:
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, APPROVING A JOINT PROJECT AGREEMENT
BETWEEN THE CITY OF SEBASTIAN AND LIONS CLUB OF
SEBASTIAN, INC. IN REGARD TO THE 4T" OF JULY CELEBRATION;
PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the Lions Club has been a long -time sponsor of the City of Sebastian
4 of July Celebration; and
WHEREAS, the Lions Club has requested a new five year 4 of July Celebration Agreement to be
conducted in and around the Riverview Park.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as
Section 1. AUTHORIZATION. The City Council hereby approves the Joint Project Agreement
between the City of Sebastian and Lions Club of Sebastian as attached hereto as Exhibit "A
Section 2. CONFLICTS. All resolutions or parts of resolutions in conflict herewith are hereby
repealed.
Section 3. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption.
The foregoing Resolution was moved for adoption by Council member The
motion was seconded by Council member and, upon being put into a vote, the vote was as
follows:
Mayor Jim Hill
Vice Mayor Don Wright
Council Member Andrea Coy
Council Member Richard H. Gilimor
Council Member Eugene Wolff
The Mayor thereupon declared this Resolution duly passed and adopted this 12
day of January, 2011.
ATTEST: CITY OF SEBASTIAN, FLORIDA
By:
Sally A. Maio, MMC
City Clerk
By:
Jim Hill
Mayor
Approved As to Form And Legality For
Reliance by the City Of Sebastian Only:
Robert A. Ginsburg, City Attorney
Exhibit "A"
JOINT PROJECT AGREEMENT
This AGREEMENT entered into this 12 day of January 2011 between the CITY OF
SEBASTIAN, a Florida municipal corporation (hereinafter called "CITY and the LIONS CLUB
OF SEBASTIAN, Inc. (hereinafter called "LIONS provides that:
WHEREAS, CITY has traditionally hosted a Fourth of July Festivity Celebration with a parade,
concessions and fireworks along the City's Riverfront; and,
WHEREAS, LIONS and CITY desire that LIONS maintain the status of sponsor and organizer of
the Celebration, and the parties hereby set forth the obligations and privileges of continuing this
valued relationship.
THEREFORE, IN AND FOR CONSIDERATION of the mutual benefits and promises provided
herein, the sufficiency of which is hereby acknowledged by the parties, it is agreed:
1. The parties shall cooperate in organizing and conducting the traditional Fourth of July
Festivity Celebration for the years 2011 through 2015 as set forth herein.
2. LIONS, with the aid and assistance of necessary City personnel, shall organize and
administrate all activities and events for said Celebration, with the exception of the VIP
breakfast, in compliance with all applicable ordinances, statutes, health codes and other
governmental regulations and subject to the safety controls of the Sebastian Police
Department, Fire Marshall and Health Department.
3. Said Celebration events shall entail, at a minimum, a parade, fireworks, display, live
musical entertainment, a festival in the Riverview Park, and beer and /or wine sales in
accordance with an operational plan approved by the City Manager, with such additional
events as is determined by the CITY to be feasible. Indian River Drive shall be closed in
the vicinity of the Park at such times and locations as determined at the reasonable
discretion of the City Manager.
4. City shall further provide the City Manager with authority to open and close effected
streets and rights -of -ways during the course of festivities at his sole discretion.
5. CITY shall advance $5,000 to LIONS towards costs of entertainment, administrative and
miscellaneous expenses.
6. Within sixty (60) days after conclusion of the Celebration, LIONS shall provide a final
accounting in accordance with generally accepted practices, and return any funds
remaining from the advance amount.
7. LIONS shall have the right to rent concession booths in Riverview Park and, if needed
the closed portion of Indian River Drive right -of -way as part of the Celebration festival,
and shall be entitled to all proceeds from said concession activities.
8. CITY shall contract directly for the fireworks display, shall organize fund raising and
otherwise have full financial responsibility for funding the Celebration events.
9. LIONS agrees to indemnify, defend and hold CITY harmless from any and all claims of
any nature brought by LIONS' members or agents in the course of performing LIONS'
obligations under this Agreement, or from any claims by any persons arising from or
damages incurred by the CITY from the actions of LIONS' members or agents
whatsoever arising from the exercise of the privileges and obligations set forth hereunder.
10. CITY agrees to indemnify, defend and hold LIONS harmless from any and all claims of
any nature brought by CITY's employees or agents in the course of performing CITY's
obligations under this Agreement, or from any claims by any persons arising from the
wrongful acts of CITY's employees or agents whatsoever arising from the exercise of the
privileges and obligations set forth hereunder. Nothing herein shall be deemed a waiver
of sovereign immunity.
AGREED to on the date first set forth above.
Exhibit "A"
ATTEST: CITY OF SEBASTIAN
A Municipal Corporation
Sally A. Maio, MMC
City Clerk
APPROVED AS TO FORM AND CORRECTNESS
Robert A. Ginsburg
City Attorney
Jim Hill
Mayor
Witness By: President
LIONS CLUB OF SEBASTIAN, INC.
Subject:
Powerline Road Engineering
Ap rov; or Submittal by:
Service CO #6
Agenda No. 11. 00q
Department Ori•
Admin Srcv:
in: it Ma•a•er
.,r
City Attorney: ii trio
City Clerk:
Date Submitted: 5 JAN 11
Council Date: 12 JAN 11
'fin n• r, City Manager
EXPENDITURE REQUIRED:
$6,400.00
AMOUNT BUDGETED:
$176,724
APPROPRIATION
REQUIRED:
$0
CHANGE ORDER
2
3
4
5
6
AMOUNT
$12,190
$4,985
$2,300
$9,500
$920
$6,400
aw r
SL T N
HOME OF PELICAN ISLAND
AGENDA TRANSMITTAL
SUMMARY
At the December 15, 2010 Regular Meeting, City Council authorized the initiation of the
procurement process for the Powerline Road Project. However, during review of the
design proposal, Council requested that a berm be designed and constructed along the
western road corridor. In carrying out this directive, the City received Change Order #6
from Masteller Moler in the amount of $6,400 to modify the design.
Because 15% of the original engineering fees have already been exceeded, Council
approval is required for any additional change orders. Below is a chart which depicts
Change orders already approved:
Original Contract Price w/ Masteller Moler $176,724.00
PERCENT
CHANGE
6.9%
9.7%
11.0%
16.4%
16.9%
20.5%
DESCRIPTION
Gopher Tortoise
Study
Soil
Analysis /Survey
Legal Description
for ROW
ROW Appraisals
Tortoise Permit Re-
Submittal
Berm Design
If approved Amended Contract Price w/ Masteller Moler $213,019
RECOMMENDATION
Staff recommends approval of the Change Order #6.
AUTHORITY
City Manager
City Manager
City Manager
Council (5/12/10)
Council (12/15/10)
N/A
4Z
awof
S�TIAN
HOME OF PELICAN ISLAND
CITY OF SEBASTIAN
WORK AUTHORIZATION
WORK AUTHORIZATION 6 PROJECT NAME: Powerline Road Improvements
PURCHASE ORDER 6085 PROJECT C0735
CONTRACTOR: Masteller Moler, Inc. CONTRACT NAME: Agreement for Professional of Engineering
Services for the Extension of Powerline
ADDRESS: 1655 27 Street, Suite #2 Road from Main Street to CR512
Vero Beach, Florida 32960
PHONE (772) 567 -5300 CONTRACT DATE: June 10, 2009
By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein.
Upon proper execution of this document, the Contractor is hereby notified to commence work. All
changes stated below are hereby incorporated and made a part of the Contract identified above, and all the
terms and conditions of said Contract are enjoined and in full force while executing the change(s)
stipulated as follows:
Preparation of Construction Plan revisions in accordance with City Council directions to incorporate a
landscape berm between the Powerline Road roadway and the rear yards of adjacent Columbus Street
single family lots. Revisions shall include the removal of the project's proposed bikepath facilities along
the west side of the project corridor. The Construction Plans will be revised to relocate proposed
landscape materials onto a berm area between the existing ditch along the rear of Columbus Avenue lots
and the proposed swale system to be constructed along the west side of the new Powerline Road roadway
alignment. The implementation of this change to the project will require revisions to Construction Plan
Sheets 6, P3 -P7, BP1 2, CS -1 thru CS -6, 12,OA -2, OA -4, S1 thru S -3, and L -1 2.
We shall also amend the Bid Proposal Form to reflect the quantity adjustments associated with the
revisions made to the Construction Plans.
A) CONTRACT PRICE PRIOR TO THIS CHANGE 206,619.00
NET INCREASE (DECREASE) RESULTING FROM THIS CHANGE 6,400.00
NEW CONTRACT PRICE INCLUDING THIS CHANGE ORDER 213,019.00
B) CONTRACT TIME PRIOR TO THIS CHANGE (NUMBER OF DAYS)
NET INCREASE (DECREASE) RESULTING FROM THIS CHANGE (NUMBER OF DAYS) n/a
NEW COMPLETION DATE INCLUDING THIS CHANGE MO. DAY YR
AGREED:
COMPANY Mastell Moler, Inc. Date: December 21, 2010
Authorized Signature Stephen E. Moler, PE Vice President
Approvals By City of Sebastian in accordance with Code Sec. 2 -10 (check one):
City Manager Authorization cumulative amount less than 15% of contract price or $15,000 single change order
City Council Authorization cumulative amount exceeds 15% of contract price or $15,000 single change order
(meeting date
CITY OF SEBASTIAN:
City Manager
Project Manager
Date:
City Attorney as to legal
ATTEST:
Finance Director as to budget Sally A. Maio, MMC, City Clerk
Subject:
Senior Resources GoLine Transit
Program
Ap rov or Submittal by:
I 4
Shelter
Agenda No. 11. DO(r1
Department Ori•
Admin Srvc:
in: itv Manager
1, ..1
City Attorney: /.r
City Clerk: f�«
Date Submitted: 6 JAN 11
Council Date: 12 JAN 11
i -n -r, City Manager
PENDITURE REQUIRED:
$0
AMOUNT BUDGETED:
$0
APPROPRIATION
REQUIRED:
$0
air or
SEDASTIAN
HOME OF PELICAN ISLAND
AGENDA TRANSMITTAL
SUMMARY
The Indian River County Senior Resource Association (SRA) is ready to install a number
of bus shelters along their GoLine Bus routes. SRA is asking for each governmental
agency to accept a waste management agreement in exchange for location of a shelter.
The agreement asks that the City pick -up debris and empty waste canisters.
Karen Deigl will be present at the meeting to provide Council an update on Senior
programming and the bus shelter program.
RECOMMENDATION
Authorize City Manager to execute the SRA Bus Shelter agreement.
ziGt
BUS SHELTER MAINTENANCE AGREEMENT
EFFECTIVE DATE: January 12, 2011
BY AND BETWEEN:
And
The City of Sebastian agrees to maintain the waste management for the public transit bus
shelters (hereinafter referred to as "Bus Shelters located with the city limits provided by the
Senior Resource Association, Inc. in accordance to the following terms and conditions.
1. TERMS OF THE AGREEMENT
Senior Resource Association
Karen B. Rose Deigl /President CEO
694 14 Street
Vero Beach, Florida 32960
City of Sebastian
c/o Al Minner, City Manager
1225 Main Street
Sebastian, FL 32958
This agreement shall commence on the effective date and shall remain as an ongoing service for
the Senior Resource Association, Inc., by the City of Sebastian. This agreement may be
cancelled by either party with thirty (30) days written notice.
2. BUS SHELTERS ELIGIBLE FOR MAINTENANCE
Bus Shelters included in this agreement will consist of all shelters placed by the Senior Bus
Resource Association, Inc. within the City of Sebastian. The number and location of all bus
shelters within the city of Sebastian must be approved by the City Manager prior to their
placement.
3. SERVICES PROVIDED
The City of Sebastian agrees to maintain the removal of waste from all bus shelter trash
receptacles and within the perimeter of the shelter and keep the grounds in proper appearance
surrounding the shelters. The Senior Resources Association, Inc. will be responsible for the
elimination of graffiti and repair of any damage.
We have carefully reviewed this contract and agree to and accept its terms and conditions. We
are executing this agreement as of the effective date above.
SENIOR RESOURCE ASSOCIATION, INC. THE CITY OF SEBASTIAN
Karen B. Rose Deigl President CEO Al Minner City Manager
Date Date
Senior
Resource
Association
December 14, 2010
City of Sebastian
Al Miner /City Manager
1225 Main Street
Sebastian, FL 32958
Re: GoLine Indian River Transit, Public Transit Shelter Program
Dear: Al Miner
As you are aware, the Senior Resource Association is pleased to announce the phase one
installation of the GoLine Indian River Transit bus shelter in Indian River County.
There has been prior discussion with you and your Council Members about waste
management maintenance around the GoLine bus shelters located in your municipality.
SRA is asking all Municipalities and County to agree to include maintaining the
cleanliness of the shelters in their jurisdiction as part of their maintenance program. This
will include collection of garbage and pick up of debris around the shelter.
Enclosed is an agreement for your consideration and signature of approval. If you have
any questions please call me at 772.469.2064.
Thank you for your cooperation,
Regdrds,
Karen B. Rose Deigl
President CEO
694 14th Street Vero Beach, FL 32960 PH: 772.569.0760 FX: 772.778.7272 SeniorResourceAssociation.org
Providing activities, education and services
HOME Of PE MAN ISLAND
City of Sebastian
Subject: Vacant, Unexpired Term on Police
Retirement Board of Trustees
Appr v.-. r Submittal by: City Manager
r
i� 4i''
Agenda No.
Department
City Attorney:
For Agenda of:
11, 00
Origi Ci Clerk's Office
U/
1/12/11
AI Mi er
Exhibits: Code, letter, application, board member list, ad
Expenditure Required:
Amount Budgeted:
Appropriation Required:
Due to the resignation of
Board. Mr. Zomok is the
Interview unless waived,
on the Police Pension board,
SUMMARY STATEMENT
unexpired term on the
unexpired position
Rich Taracka, there is a vacant
only applicant to our advertisement.
RECOMMENDED ACTION
submit nomination for the vacant,
to expire October 2011.
Sec. 58-46. Maintenance of statutory chapter plan.
(1) (a) The membership of the board of trustees for chapter plans consists of
five members, two of whom, unless otherwise prohibited by law, must be legal
residents of the municipality and must be appointed by the legislative body of the
municipality, and two of whom must be police officers as defined in s.185.02 who
are elected by a majority of the active police officers who are members of such
plan. With respect to any chapter plan or local law plan that, on January 1, 1997,
allowed retired police officers to vote in such elections, retirees may continue to
vote in such elections. The fifth member shall be chosen by a majority of the
previous four members, and such person's name shall be submitted to the
legislative body of the municipality. Upon receipt of the fifth person's name, the
legislative body shall, as a ministerial duty, appoint such person to the board of
trustees. The fifth member shall have the same rights as each of the other four
members appointed or elected, shall serve as trustee for a period of 4 years, and
may succeed himself or herself in office. Each resident member shall serve as
trustee for a period of 4 years, unless sooner replaced by the legislative body at
whose pleasure the member serves, and may succeed himself or herself as a
trustee. Each police officer member shall serve as trustee for a period of 4 years,
unless he or she sooner leaves the employment of the municipality as a police
officer, whereupon a successor shall be chosen in the same manner as an
original appointment. Each police officer may succeed himself or herself in office.
(Emphasis is underlined)
Thank you.
Richard J. Taracka
1320 Coverbrook Lane
Sebastian, FL 32958
To: Sebastian City Council
From: Richard J. Taracka
Date: December 9, 2010
Re: Sebastian Police Department Pension Board
1 regret to inform City Council that I am submitting my resignation, effective immediately, as a
member of the Sebastian Police Department Pension Board.
I have enjoyed both working for the City of Sebastian and working with the Board Members,
however, my work schedule has increased to the point where I feel I can no longer be an
effective member of the Pension Board.
rrl C)
rn
BOARD APPLICATION
APPLICATION TO SERVE ON CITY BOARD /COMMITTEE
(All City Board and Committee Members Must be Residents of the City of Sebastian)
NAME: Robert Zomok
HOME ADDRESS: 685 Collier Lake Circle, Sebastian, Florida 32958
HOME PHONE: 388 -9339 HOME FAX: E -MAIL:
BUSINESS:
BUSINESS ADDRESS:
BUSINESS PHONE: BUSINESS FAX: E -MAIL:
ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? Yes HOW LONG? 11 years
DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? No
DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? No
WHICH BOARDS /COMMITTEES?
PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN
ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1:
HAVE YOU EVER BEEN CONVICTED OF
HAVE YOU EVEN BEEN CONVICTED OF
TURPITUDE IN THIS OR ANY STATE?
WOULD YOU CONSIDER SERVING ON A
ABOVE? Yes
ANY FELONY IN THIS OR ANY STATE? NO
ANY MISDEMEANOR INVOLVING MORAL
No
BOARD OTHER THAN THE ONE(S) SELECTED
Page 1
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0
2_ CHARTER REVIEW COMMITTEE (serves only 6 months every 5 years -meets next in
2011)
CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary -meets during summer)
CONSTRUCTION BOARD (permanent board -meets once a month)*
HANDICAPPED SELF EVALUATION COMMITTEE (permanent board meets quarterly)
PLANNING AND ZONING COMMISSION (permanent board meets twice a month)*
1 POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board -meets
quarterly)*
PARKS RECREATION ADVISORY COMMITTEE (permanent board meets once a month)
NATURAL RESOURCES BOARD (permanent board meets once a month)
OTHER TEMPORARY COMMITTEE (if applicable)
(WRITE IN COMMITTEE NAME)
*Filing of financial disclosure is required following appointment
APPLICABLE EDUCATION AND /OR EXPERIENCE: (a brief resume is required) See Attached
HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR? #5+ years as Chief
Human REsources officer
3 Years on the Sebastian Police Pension Board. Completed required Board training
LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: Responsible for
all empployee benefits
and pension plans
I hereby certify that I am qualified to hold the position for which this application
is made. Further, I hereby authorize
the city of Sebastian to investigate the truthfulness of all information which I
have provided in this application. I
understand that any misrepresentation or omission of information requested in this
application is cause for
disqualification.
Applicant Si gnature
Subscribed and swor
/Zdbeit Zornok
BOARD APPLICATION
I have been provided with, read and understand City of Sebastian code of ordinances
Sections 2 -166 through 2 -173
(attached). Informat to specific board or committee is available if
requested.
Notary Public, state of Florida
Please return to office of the city Clerk, 1225 Main Street, Sebastian, FL 32958
-(772) 589 -5330
\wp- form \applicat.wpd
rev. 7/2007
to b -fore me this /P day of Decent' he r 020 (0 by
who is personally known to me, or has produced
as i denti fi cati on and did not take any oaths.
EANETTE WILLIAMS
Commission DD 630052
Expires February 28, 2011
ETEOFRpOa1 Bonded Thu Troypahhwtenal80038 ,-7019
Page 2
EXECUTIVE SUMMARY:
An executive with broad experience in the field of human resource management. Technical abilities in all
phases of personnel management with emphasis in compensation, pension, executive compensation,
employee relations, policy and procedure writing, HRIS, and direct as well as preventative labor relations.
Strong facilitation skills and particularly adept at development of human resources staff. Major emphasis
on team building as a key human resource management tool in organizational development and culture
change. Cognizant of and experienced with multi -site facilities and merger and consolidation activities in
an integrated delivery system environment. Skilled in the use of Microsoft Office and various HRI systems.
EXPERIENCE:
INDIAN RIVER MEMORIAL HOSPITAL
Vero Beach, Florida
DIRECTOR, HUMAN RESOURCES: Direct the Human Resources, Education, and Employee
Health Departments. Participated in negotiating the first labor contract covering the Registered Nurse. The
contract resulted in no increased cost to the Hospital. implemented the reinstallation of the Infinium
Human Resources Information System. The results, to date, include the first position control report for the
organization, production of Performance Evaluation and Turnover reports for the Board, and a
dramatically improved reporting capability. Revitalized the credibility of the Human Resources function by
introducing a customer- focused approach. Revised the Workers' Compensation program resulting in a
$150,000 reduction in cost. Restructured the welfare benefits program netting savings in excess of $50,00
per year. Established a collaborative relationship with the Teamsters union. To date, over 30 grievances
have been filed and the union has withdrawn over half of them. No issues have been taken to arbitration.
Actively involved in the planning for a change from a paternalistic culture to one of an empowered work
force through the active utilization of the organization's Values.
ATLANTIC MEDICAL CENTERS
Daytona Beach, Florida
MILFORD MEMORIAL HOSPITAL
Milford, Delaware
ROBERT J. ZOMOK
685 Collier Lake Circle
Sebastian, Florida 32958
388 -9339
DIRECTOR, HUMAN RESOURCES: Managed the day -to -day operations of the Human
Resources Department. Revised the position control report to provide more accurate manpower reporting.
This resulted in the initial stages of using multi disciplinary teams to resolve human resources issues.
Restructured required Board reports reducing the time required to Tess than one hour per month. Initiated
projects including establishing a structured approach to position approval, redesign of the PRN pool
program, definition of levels of management, the production of a wage and salary group /grade report, and
implementation of a reduction in force. Each of these projects required the use of teams. Managed the
Maintenance, Housekeeping, and Marketing, and the Seniors Program.
DIRECTOR, HUMAN RESOURCES: Managed the human resources, training and development,
volunteer, auxiliary, and employee health functions. Directed the organizational development,
management development, compensation and benefits, employee relations /discipline, employment, HRIS,
pension planning, deferred compensation, employee assistance, legislative compliance, and workers'
compensation programs. On an interim basis, led the housekeeping, dietary, maintenance, and pharmacy
functions.
Major accomplishments: Initiated an organizational development intervention in concert with the
CEO designed to improve change leader management skills. Developed the Team Building
curriculum as a member of the CQI Steering Team. Led the initiative to implement a culture
change from a traditional, patriarchal one to an empowered employee environment.
Initiated and facilitated teams to develop and issue a Personnel Policy and Procedures Manual,
restructure the Wage and Salary program, and redesign the Performance Evaluation Program.
Developed and initiated a revision to the Wage and Salary program which has resulted in an
annual savings of $200,000. Revised the Worker's Compensation program by initiating an
aggressive return to work program saving the hospital over $300,000. Amended and restated
the pension plan. Negotiated welfare benefit plan contracts.
Established a highly effective employee relations program through one -on -one coaching of
department heads. The Hospital has had no EEOC complaints filed against it and no union
drives
Initiated an Operations Audit wherein each department was required to report on specific
performance issues to a team comprised of the CEO, the Director of Fiscal Services, and the
Director of Human Resources. Participated, as a member of the Executive Team, in the
Hospital's strategic planning process, the master site planning program, as well as the day to
day operations. Served as Staff to the Professional Affairs Committee of the Board of Directors.
Involved with the Medical Staff by investigating a Supplemental Executive Retirement Program
for the hospital owned primary care practices, serving as staff to the Medical Staff Recruitment
and Retention Committee, and coordinating reimbursement agreements for recruiting
expenses. Absorbed Physician Recruiting into Human Resources.
Participated in pre- merger activities by completing the Human Resources section of the Due
Diligence process. Led the teams to consolidate the Personnel policies, Workers'
Compensation program, and the welfare benefits.
BUTLER MEMORIAL HOSPITAL
Butler, Pennsylvania
DIRECTOR, HUMAN RESOURCES: Manage the Personnel /Employee Relations Department,
training and development, employee health, employee assistance program, and Medical library. Directed
activities in the areas of wage and salary administration, deferred compensation, pension, recruiting,
employee relations, labor relations, policy and procedure development, legislative compliance, HRIS,
employee health /safety, and management development.
MERCY HOSPITAL OF PITTSBURGH (Teaching Hospital)
Pittsburgh, Pennsylvania
DIRECTOR OF HUMAN RESOURCES: Directed the activities of a staff of seven professionals
and eight clerical employees. Responsible for compensation, executive compensation, benefits, pension,
employment, employee relations, labor relations, legislative compliance, HRIS, and training for the
hospital.
Major Accomplishments: Complete revision of the wage and salary program. Installed manpower
control by computerizing a position control system in conjunction with the established manpower
budgets. Directed the implementation of a major staff reduction including communications to
department heads, affected employees, medical staff, and the Board of Trustees. Initiated the first
formal affirmative action program in the organization. Instrumental in proposing a self- insured
workers' compensation program and initiating an aggressive return -to -work program. Led the
negotiating team that obtained a contract settlement with a lower base wage than in any other local
hospital contract with the same union. Functioned as the primary contract administrator, resolved all
grievances without arbitration.
WASHINGTON COUNTY HOSPITAL ASSOCIATION
Hagerstown, Maryland
DIRECTOR, HUMAN RESOURCES: Directed the activities and functions of the Personnel and
Education Departments to include employee relations, compensation, benefits, pension, executive
compensation, recruiting, employee health, and policy and procedure development. Installed a point factor
job evaluation system covering all of the organization's positions. Designed and installed the first
executive compensation program for the hospital. Introduced and administered the first merit program.
Installed processes to monitor wage /salary market competitiveness and enhance supervisory and
employee awareness of the organization's wage /salary program. Enhanced employee relations by
ensuring the visibility and accessibility of the Personnel Department. Actively participated in the design
and implementation of a reorganization of the hospital from a traditional internal structure to a corporate
structure.
ALLEGHENY GENERAL HOSPITAL (Teaching Hospital)
Pittsburgh, Pennsylvania
MANAGER OF COMPENSATION (1974 to 1980)
MANAGER OF EMPLOYMENT (1971 to 1974)
PROFESSIONAL /COMMUNITY ACTIVITIES: Instructor in Human Resources Management,
Introduction to Business, Principles of Management, and Labor Relations at various community colleges
and at the four year college level. Participated in advisory committees for high school and allied health
curriculum design. Served on the Board of the Milford Senior Center. Held leadership positions in the
Pennsylvania and Delaware Human Resources Societies.
EDUCATION:
M.A., Industrial Relations, St. Francis College
B.A., Psychology, Duquesne University
z
v 4
Sebastian, FL 32958
Term to expire 10/2011
Harry Tanner
Sebastian, FL
32958
Term to expire 10/2011
Appointed 9/23/2009
POLICE RETIREMENT BOARD OF TRUSTEES
2 -YEAR TERMS Two Members Appointed by Ci,�t Council
Tw Members Appointed by Police Officers
Officer Dan Acosta
Detective Dennis Hovasse
Term to Expire 10/11
Term to Expire 10/11
One Member Appointed by Board and Confirmed by Cc& Council
Deb Krueger
Term Expires 10/11
December 9, 2010
HOME OF PELICAN ISLAND
PRESS RELEASE
CIVILIAN POSITION ON THE CITY OF SEBASTIAN
POLICE OFFICER PENSION BOARD OF TRUSTEES
THE POLICE OFFICER PENSION BOARD OF TRUSTEES IS SEEKING
APPLICANTS TO FILL ONE UNEXPIRED CIVILIAN POSITION ON THE POLICE
OFFICER PENSION BOARD OF TRUSTEES WHOSE TERM WILL EXPIRE
10/2011.
THIS BOARD MEETS QUARTERLY IN THE CITY COUNCIL CHAMBERS,
1225 MAIN STREET, SEBASTIAN.
RESIDENCY IS REQUIRED FOR THIS POSITION.
APPLICATIONS ARE AVAILABLE IN THE CITY CLERK'S OFFICE BETWEEN
THE HOURS OF 8:00 AM AND 4:30 PM OR MAY BE DOWNLOADED FROM
THE CITY'S WEBSITE WWW.CITYOFSEBASTIAN.ORG
APPLICATIONS WILL BE ACCEPTED UNTIL JANUARY 4, 2011.
Subject: Second Reading, Public Hearing
and Adoption of Ordinance No. 0 -10 -09
Alcoholic Beverage Sale Restriction
Approve., '.r Submittal by: City Manager
Agenda No. /0.1 59'
1
Department Ori p CI
City Attorney:
k
City Clerk:
For Agenda of: 1/12/11
Al in r
Exhib s: 0 -10 -09
HOME OF PELICAN ISLAND
CITY OF SEBASTIAN
SUMMARY
On December 15, 2010, the City Council approved the attached proposed ordinance on
first reading as amended.
RECOMMENDED ACTION
Hold public hearing. At Council's discretion, move to enact Ordinance No. 0- 10 -09.
g:)
ORDINANCE NO. 0 -10 -09
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING CITY CODE OF ORDINANCES
CHAPTER 10 CONCERNING RESTRICTIONS ON THE SALE OF
ALCOHOLIC BEVERAGES; RELAXING THE RESTRICTIONS IN
SPECIFIC CIRCUMSTANCES; PROVIDING FOR CONFLICTS,
SEVERABIITY AND EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. AMENDMENT. That Chapter 10 of the Code of Ordinances,
City of Sebastian, Florida, is hereby amended to read as follows:
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
fcet from a church or school.
(b) No permit or license shall be issued which allows the sale of alcoholic
distance of 450 fcet from any church or school.
(a) Separation of licensed premises from schools and churches. No premises
licensed to sell alcoholic beverages shall be authorized by the City within 450 feet
of any established public or private elementary school, middle school, high school,
charter school or church with the following exceptions:
(1) Restaurants, which:
A) derive at least 51 percent of their gross revenues from the sale
of food and nonalcoholic beverages, and
B) do not contain a freestanding bar;
{d) (2) 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.
(b) 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.
(Code 1980, 4 -1; Ord. No. 0- 05 -12, 1, 4- 27 -05)
State law references: 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:
(1) Between the hours of 1:00 a.m. and 7:00 a.m. on Sundays.
(2) Between the hours of 12:01 a.m. and 7:00 a.m. on Mondays.
(3) Between the hours of 1:00 a.m. and 7:00 a.m. on Tuesdays.
(4) Between the hours of 1:00 a.m. and 7:00 a.m. on Wednesdays.
(5) Between the hours of 1:00 a.m. and 7:00 a.m. on Thursdays.
(6) Between the hours of 1:00 a.m. and 7:00 a.m. on Fridays.
(7) Between the hours 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 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.
Section 2. CONFLICT. All ordinances or parts of ordinances in conflict
herewith are hereby repealed.
Section 3. SEVERABILITY. In the event a court of competent
jurisdiction shall determine that any part of this Ordinance is invalid, the remainder
of the Ordinance shall not be affected and it shall be presumed that the City
Council of the City of Sebastian did not intend to enact such invalid provision. It
shall further be assumed that the City Council would have enacted the remainder
of this Ordinance without said invalid provision, thereby causing said remainder to
remain in full force and effect.
Section 4. EFFECTIVE DATE. This Ordinance shall take effect upon its
adoption by the City Council.
The foregoing Ordinance was moved for adoption by Councilmember
The motion was seconded by Councilmember
and, upon being put to a vote, the vote was as follows:
Mayor Jim Hill
Vice -Mayor Don Wright
Councilmember Andrea B. Coy
Councilmember Richard H. Gillmor
Councilmember Eugene Wolff
The Mayor thereupon declared this Ordinance duly passed and adopted
this day of 2010.
CITY OF SEBASTIAN, FLORIDA
By:
Mayor Jim Hill
ATTEST:
Sally A. Maio, MMC
City Clerk
Approved as to Form and Legality for
Reliance by the City of Sebastian only.
Robert A. Ginsburg, City Attorney
Words stricken shall be deleted; words underlined constitute the proposed
amendment; remaining provisions continue in effect.
Subject: Ordinance to repeal Chapter 22
Article II from the City of Sebastian
Code of Ordinances
Ap 1 ove f r Submittal by:
if
AA
Agenda No. 1 1. 0 1 v
Department Origin:
Airport Director:
Finance Director:
City Clerk: S.A.
City Attorney:
Date Submitted:
For Agenda of:
Municipal K .ort
J. Griffin -4P,....
K. Killgore ti
Maio
R. A. Ginsbu g e
January 5, 2011
January 12, 2011
A t. i t e City Manager
Exhibit: 0 -11 -01
EXPENDITURE
REQUIRED: -0-
AMOUNT BUDGETED:
-0-
APPROPRIATION
REQUIRED: -0-
CITY Of
AGENDA TRANSMITTAL
SUMMARY
Airport staff, with assistance from the City Clerk, has discovered a redundancy in the
City Code of Ordinances relating to the Airport. Chapter 22 Article II of the Code provides
for the establishment of policies and procedures relating to airport operations. In April
2007, Council approved The Principal Guiding Documents for the Sebastian Municipal
Airport. That document is more encompassing and brings airport rules /regulations more up-
to -date. In an effort to make the Code more streamlined, even in an incremental way, an
Ordinance is necessary to remove Chapter 22 Article II from the Code of Ordinances.
RECOMMENDED ACTION
Adopt Ordinance 0 -11 -01 removing Chapter 22 Article II from the City of Sebastian
Code of Ordinances.
ORDINANCE NO 0 -11 -01
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, REPEALING CHAPTER 22, ARTICLE II,
AVIATION IN ITS ENTIRETY; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Charter Section 1.02 (7) provides authority for establishment of
airport rules, regulations and fees for the City of Sebastian Municipal Airport; and
WHEREAS, the City Council established airport field rules in 1979 by adoption of
Resolution No. R- 79 -11; and
WHEREAS, the City Council by adoption of Ordinance No. 0 -80 -25 established rules
and regulations for the Sebastian Municipal Airport and referenced Resolution No. R- 79 -11,
later amended by subsequent resolutions R- 85 -12, R -85 -27 and R- 86 -12; and
WHEREAS, on April 11, 2007, the City Council approved the Airport Principal Guiding
Document which provides for airport rules and regulation; and
WHEREAS, City Council believes it to be in the best interest of the City to repeal Code
of Ordinances Chapter 22, Article II, Sections 22 -26 through 22 -32.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
SECTION 1: That the Code of Ordinances, City of Sebastian, Florida, Chapter 22,
Article II, Sections 22 -26 through 22 -32, as set out below, are hereby repealed:
Sec. 22 26. Definitions.
The following words, terms and phrases, when used in this article, shall have the mcaninga
accribed to them in this aection, except where thc context cl arly indicates a different m aning:
Sec. 22 27. Policies established.
Undcr provisions of the Airport Law of 1915, F.S. ch. 332, thc policies and procedures -of the
Fleming Grant of January 29, 1959, comprising 604.44 acres, including four coacements. For the
shall be in accordance with F.S. ch. 810 and pertinent Federal Aviation Administration Rules
and Regulations.
Sec. 22 28. Liability.
property, including Ioaces of any kind, regardlecc of the conditions or circumstances.
Scc. 22 29. Airport managcr.
{a) General duties. The city managcr may either perform the duties of the airport
(b) Ficld rules. Ficld rulcs (reference: Rccolution No. R 79 11) are to be established
and promincntly displayed at the airport by the airport managcr. Ficld rules and city
by this section are m ant to except, duplicate, or relieve an offcnder of other existing
FAA, state, county, civil or penal codes, rulcs or regulations
Scc. 22 30. Finance.
the city. Expenditures of airport funds for operations, maintenance, renewal and
Scc. 22 31. Spccd limit.
Scc. 22 32. Takcoff and landing procedures.
{a) Takcoff and landing procedures of aircraft at the airport are as follows:
{1) All aircraft shall use the full runway for takeoff; no aircraft shall takeoff from
{2) All aircraft shall-Lice the full runway for landing and must come to a full stop upon
landing,
section 1 10. In addition:
2
Section 2. This Ordinance shall take effect immediately upon its adoption.
Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall
determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the
Ordinance shall not be affected and it shall be presumed that the City Council of the City of
Sebastian did not intend to enact such invalid provisions. It shall further be assumed that the
City Council would have enacted the remainder of this Ordinance without said invalid or
unconstitutional provision, thereby causing said remainder to remain in full force and effect.
Section 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
The foregoing Ordinance was moved for adoption by Councilmember
The motion was seconded by Councilmember
and, upon being put to a vote, the vote was as follows:
ATTEST:
Mayor Jim Hill
Vice -Mayor Don Wright
Councilmember Andrea B. Coy
Council Member Richard Gillmor
Councilmember Eugene Wolff
The Mayor thereupon declared this Ordinance duly passed and adopted this day of
2011.
Sally A. Maio, MMC
City Clerk
CITY OF SEBASTIAN, FLORIDA
By:
Mayor Jim Hill
Approved as to form and legality for
reliance by the City of Sebastian only:
Robert Ginsburg, City Attorney
axa
SEBika
HOME OF PELICAN ISLAND
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
First Readi g of Proposed Ordinance
No. ii -11 a to Establish Separate CRA
AV A
t i .•er
City Clerk
Agenda No: i 1, D f I
Department Origin: City Attorney
Date Submitted: 1/6/11
For Agenda of: 1/12/11
Exhibits: Proposed Ordinance 0- 11 -02, Clerk Survey of Florida Cities
SUMMARY STATEMENT
Mayor Hill has requested that a proposed ordinance be brought forward for
consideration by City Council to establish a Community Redevelopment Agency
separate from the City Council.
Proposed Ordinance No. 0 -11 -02 is provided for first reading.
RECOMMENDED ACTION
Consider Ordinance No. 0 -11 -02 on first reading, and if passed, schedule public
hearing for February 9, 2011.
ORDINANCE NO. 0 -11 -02
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA; CREATING THE CITY OF SEBASTIAN
COMMUNITY REDEVELOPMENT AGENCY SEPARATE FROM
THE CITY COUNCIL; PROVIDING FOR THE POWERS AND
RESPONSIBILITIES OF SUCH AGENCY; PROVIDING FOR
MEMBERSHIP AND ORGANIZATION OF SUCH AGENCY;
REPEALING CONFLICTING PROVISIONS; PROVIDING FOR
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, The City Council of the City of Sebastian has adopted
Resolution No. R -95 -12 (March 22, 1995), making statutory findings and
establishing the City Council as the Community Redevelopment Agency; and
WHEREAS, The City Council of the City of Sebastian has adopted
Resolution No. R -95 -17 (March 22, 1995), approving a Community
Redevelopment Plan; and
WHEREAS, The City Council of the City of Sebastian has enacted
Ordinance No. 0 -95 -08 (March 22, 1995) as amended by Ordinance No. 0 -00 -16
(June 28, 2000), establishing and providing for the administration of a Community
Redevelopment Trust Fund; and
WHEREAS, The City Council of the City of Sebastian included the
"Sebastian Boulevard Triangle" in the redevelopment area through adoption of
Resolution No. R -02 -57 (December 11, 2002), and the enactment of Ordinance
No. 0 -03 -28 (December 10, 2003); and
WHEREAS, The City Council of the City of Sebastian has adopted
Resolution No. R -03 -51 (December 10, 2003), approving a modified Community
Redevelopment Plan and expanding the area of the Sebastian Community
Redevelopment Area; and
WHEREAS, It is the intent of the City Council of the City of Sebastian to
create a City of Sebastian Community Redevelopment Agency (hereinafter
"Agency separate from the City Council and to delegate the statutory powers of
a municipal community redevelopment agency to the Agency on a non exclusive
basis,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
tf
Section 1. Creation
(a) There is hereby created and established the City of Sebastian
Community Redevelopment Agency, a public body corporate and politic, having
all the powers necessary or convenient to carry out and effectuate the purposes
and provision of Part III, Chapter 163, Florida Statutes, and this section, subject to
all limitations set out therein.
(b) Organization. The Agency shall be governed by a board of
commissioners consisting of seven (7) persons appointed by the city council. The
terms of office of the commissioners shall be for four (4) years, except that three
(3) of the members first appointed shall be designated to serve terms of one (1),
two (2) and three (3) years, respectively, from the date of their appointments. A
vacancy occurring during a term shall be filled for the unexpired term by
appointment by the city council. Commissioners who continue to be eligible for
appointment may be reappointed.
(c) Any person may be appointed as a commissioner if he or she
resides or is engaged in business within the city. "Engaged in business" shall
mean owning a business, practicing a profession, performing a service for
compensation, or serving as an officer or director of a corporation or other
business entity so engaged within the city.
(d) A majority of the commissioners shall constitute a quorum for the
purpose of conducting business and exercising the powers of the Agency and for
all other purposes. Action may be taken by the Agency upon a vote of the majority
of the commissioners present, unless in any case the bylaws shall require a larger
number.
(e) A commissioner shall receive no compensation, but shall be entitled
to the necessary expenses, including travel expenses, incurred in the discharge of
Agency business.
(f) A separate resolution shall be adopted naming the individuals who
shall constitute commissioners of the Sebastian Community Redevelopment
Agency, and same shall hold their authority pursuant to such resolution.
(g) The city council shall designate a chair and vice chair, who shall
serve until the end of their terms, or unless a chair or vice -chair is otherwise
designated by resolution of the city council.
Section 2. Delegation of Power
The city council hereby delegates to the City of Sebastian Community
Redevelopment Agency each of the powers set forth in section 163.370
(excluding however those powers enumerated in F.S. 163.358); provided,
however, that the city council retains the right to exercise any of the powers
delegated herein to the Agency, and such powers shall not be deemed to be
vested exclusively in the Agency.
Section 3. CONFLICT. All ordinances or resolutions or parts of
ordinances or resolutions in conflict herewith are hereby repealed.
Section 4. SEVERABILITY. In the event a court of competent
jurisdiction shall determine that any part of this Ordinance is invalid, the remainder
of the Ordinance shall not be affected and it shall be presumed that the City
Council of the City of Sebastian did not intend to enact such invalid provision. It
shall further be assumed that the City Council would have enacted the remainder
of this Ordinance without said invalid provision, thereby causing said remainder to
remain in full force and effect.
Section 5. EFFECTIVE DATE. This Ordinance shall take effect upon its
adoption by the City Council.
The foregoing Ordinance was moved for adoption by Councilmember
The motion was seconded by Councilmember
and, upon being put to a vote, the vote was as follows:
The Mayor thereupon declared this Ordinance duly passed and adopted this
day of 2010
CITY OF SEBASTIAN, FLORIDA
By:
Mayor Jim Hill
ATTEST:
Sally A. Maio, MMC
City Clerk
Mayor Jim Hill
Vice -Mayor Don Wright
Councilmember Andrea B. Coy
Councilmember Eugene Wolff
Councilmember Richard Gillmor
Approved as to Form and Legality for
Reliance by the City of Sebastian only.
Robert A. Ginsburg, City Attorney
SAM
C YOF
HOME OF PELICAN ISLAND
MEMORANDUM
To: Robert A. Ginsburg, City Attor
From: Sally Maio, MMC City Clerk
Subject: Community Redevelopment Agency Composition Survey
Date: 8/19/2010
Cc: Al Minner, City Manager
Attached is the information you asked me to gather in regard to CRA composition in the State. I
put out the question to Clerks and got a huge response.
I asked for those with Community Redevelopment Districts to tell me how their CRA was
composed and their population. I also googled and found some others. Some clerks offered that
they have advisory boards and some I found on the internet.
The City, population, number of members and composition are as accurate as possible.
I would not rely on the column showing the other advisory boards /committees. The information is
there if they offered it or I found it online. I know you needed this today so I didn't go further to
establish whether any others had separate advisory committees, but I can if you want that
information.
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Subject: Working Waterfront Committee
Appr e Submittal by: City Manager
,-----........j
Agenda No. 11 0 I 1
Department Origi ty Mana
City Attorney: i
c
City Clerk: i 4 4
For Agenda of: 1/12/11
Al i
Exhibits: R -09-42 Removed City Manager from Committee Membership
R -09 -23 Clarified Committee's Jurisdiction
R -09 -17 Formulated the Temporary Committee
Direct staff to move accordingly.
CITY OF SEBASTIAN
SUMMARY
A request was made for Council to discuss issues relating to the Working Waterfront
Committee: composition, function, permanency.
RECOMMENDED ACTION
0
�J
RESOLUTION NO. R- 09-42
A RESOLUTION OF THE CITY OF SEBASTIAN FLORIDA, RELATING TO THE
TEMPORARY WATERFRONT COMMITTEE; AMENDING AND RESTATING
RESOLUTIONS NO. 09 -17 AND 09 -23; MODIFYING THE COMMITTEE
COMPOSITION; PROVIDING FOR CONFLICT; PROVIDING FOR A TERM AND AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian, Florida has adopted
Resolution No. 09 -17 creating the Temporary Waterfront Committee and specifying its
duties and responsibilities; and
WHEREAS, the City Council of the City of Sebastian, Florida has adopted
Resolution No. 09 -23 clarifying the committee's jurisdiction; and
WHEREAS, the City Council wishes to modify the Temporary Waterfront
Committee's membership;
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
SEBASTIAN, as follows:
Section 1. Resolution No. 09 -17 is hereby amended to read as follows:
Section 1. Temporary Waterfront Committee Established.
The City Council of the City of Sebastian hereby establishes a
Temporary Waterfront Committee. The purpose of the Committee
shall be to study issues, hear and provide recommendations to City
Council on specific priority areas:
Environmental and cultural resource protection
Enhancing the waterfront economy
Public access to working waterfronts and coastal
resources
The Committee is advised that the City applied for the Stan
Mayfield Working Waterfronts Program under the following
criteria:
A parcel or parcels of land used for exhibitions,
demonstrations, educational venues, civic events, and other
purposes that promote and educate the public about
economic, cultural, and historic heritage of Florida's
traditional working waterfronts, including the marketing of the
seafood and aquaculture industries.
The Committee shall include recommendations to the City
Council with respect to the foregoing criteria.
Section 2. PANEL COMPOSITION. The Committee shall be composed of
seven at -large members to be selected by the City Council fulfilling specific targets;
Committee members shall be appointed at the first meeting of May for the three years
term. The Committee will consist of the following:
decigncc).
One member a representative from the Chamber of Commerce.
Two commercial fishermen.
One member with a business in the CRA District on the waterfront.
One member a resident at -large with marine biology and /or eco- tourism
qualifications.
One member a historian /historic preservationist and /or a resident at- large.
One member a resident at -large
In the event that no suitable applicants are available from a designated constituency, an
otherwise qualified at -large member may be appointed in their place.
Section 3. PROCEDURES. The Committee shall hold its initial meeting at 6
p.m. on the second Monday following the initial appointment of its members, at which
time it shall select a chairman, and shall thereafter set its own procedures and meeting
schedule.
Section 4. TERM. This committee shall automatically disband three years from
the date of its establishment, or at such sooner date as established by subsequent
resolution of the City Council.
Section 5. CONFLICTS. All resolutions or parts of resolutions in conflict
herewith are hereby repealed and Resolutions No. R -09 -17 and R -09 -23 are hereby
rescinded.
Section 6. EFFECTIVE DATE. This resolution shall take effect immediately
upon its adoption.
The foregoing Resolution wa moved for adoption by
The motion was seconded by and, upon being put to a
vote, the vote was as follows:
The Ma or declared this Resolution duly passed and adopted this o7
day of 2009.
ATTEST:
Mayor Richard H. Gilimor
Vice -Mayor Jim Hill
Council Member Andrea Coy
Council Member Dale Simchick
Council Member Eugene Wolff
CITY OF SEBASTIAN, FLORIDA
ayor Richard H. Gilimor
Approved as to form and legality for reliance by the
City of Sebastian only:
Sally Maio, MMC
City Jerk Robert A. Ginsburg, C 4 "'rney
Words stricken through shall be deleted; words that are underlined constitute the
proposed amendment; remaining provisions continue in effect.
RESOLUTION NO. R- 09 -23
A RESOLUTION OF THE CITY OF SEBASTIAN FLORIDA, RELATING TO THE
TEMPORARY WATERFRONT COMMITTEE; AMENDING RESOLUTION NO. 09 -17;
CLARIFYING THE COMMITTEE'S JURISDICTION; PROVIDING FOR CONFLICT;
PROVIDING FOR A TERM AND AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian, Florida has adopted
Resolution No. 09 -17 creating the Temporary Waterfront Committee and specifying its
duties and responsibilities; and
WHEREAS, the City Council wishes to clarify the Temporary Waterfront
Committee's jurisdiction;
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
SEBASTIAN, as follows:
Section 1. Resolution No. 09 -17 is hereby amended to read as follows:
Section 1. Temporary Waterfront Committee Established.
The City Council of the City of Sebastian hereby establishes a
Temporary Waterfront Committee. The purpose of the Committee
shall be to study issues, hear and provide recommendations to City
Council on feuf specific priority areas:
D Environmental and cultural resource protection
D Enhancing the waterfront economy
Preventing Iosvcs from disactcrs
D Public access to working waterfronts and coastal
resources
The Committee is advised that the City applied for the Stan
Mayfield Working Waterfronts Program under the following
criteria:
A parcel or parcels of land used for exhibitions,
demonstrations, educational venues, civic events, and other
purposes that promote and educate the public about
economic, cultural, and historic heritage of Florida's
traditional working waterfronts, including the marketing of the
seafood and aquaculture industries.
The Committee shall include recommendations to the City
Council with respect to the foregoing criteria.
Section 2. CONFLICTS. All resolutions or parts of resolutions in conflict
herewith are hereby repealed.
Section 3. EFFECTIVE DATE. This resolution shall take effect immediately
upon its adoption.
The foregoing Resolution. was moved for adoption by
The motion was seconded by 4'tit7��`.. and, upon being put to a
vote, the vote was as follows:
The May9�r thereupon declared this Resolution duly passed and adopted this I
day of 2009.
ATTEST:
Sally A! Maio, MMC
City Clerk
Mayor Richard H. Gillmor
Vice -Mayor Jim Hill
Council Member Andrea Coy
Council Member Dale Simchick
Council Member Eugene Wolff
CITY OF SEBASTIAN, FLORIDA
Mayor Richard H. Gillmor
Robert A. Ginsburg, City money
Approved as to form and legality for reliance by the
City of Sebastian only:
Words stricken through shall be deleted; words that are underlined constitute the
proposed amendment; remaining provisions continue in effect.
RESOLUTION NO. R -09 -17
A RESOLUTION OF THE CITY OF SEBASTIAN FLORIDA, FORMULATING
TEMPORARY WATERFRONT COMMITTEE PROVIDING FOR CONFLICT;
PROVIDING FOR A TERM AND AN EFFECTIVE DATE.
WHEREAS, the City of Sebastian has committed to revitalizing the waterfront
amenities; and
WHEREAS, the City recognizes that working waterfronts are valuable assets
that contribute significantly to a community's health and image; and
WHEREAS, the City desires Sebastian's waterfront to be developed and
redeveloped in a manner that protect the environs yet stimulates economic
development; and
WHEREAS, the City wishes to support traditional water dependent uses and
new waterfront uses that protect natural and cultural resources; and
WHEREAS, the City Council of the City of Sebastian determines that it would
be in the public interest to have a temporary committee to advise the City Council as it
develops targeted programs;
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
SEBASTIAN, as follows:
Section 1. TEMPORARY WATERFRONT COMMITTEE ESTABLISHED.
The City Council of the City of Sebastian hereby establishes a Temporary Waterfront
Committee. The purpose of the Committee shall be to study issues, hear presentations
and provide recommendations to City Council on four specific priority areas:
Environmental and cultural resource protection
Enhancing the waterfront economy
Preventing losses from disasters
Public access to working waterfronts and coastal resources
Section 2. PANEL COMPOSITION. The Committee shall be composed of
seven at -large members to be selected by the City Council fulfilling specific targets;
Committee members shall be appointed at the first meeting of May for the three years
term. The Committee will consist of the following:
D One member a representative from the City (City Manager or his /her
designee).
D One member a representative from the Chamber of Commerce.
D Two commercial fishermen.
D One member with a business in the CRA District on the waterfront.
D One member a resident at -large with marine biology and /or eco- tourism
qualifications.
D One member a historian /historic preservationist and /or a resident at-
large.
In the event that no suitable applicants are available from a designated constituency,
an otherwise qualified at -large member may be appointed in their place.
Section 3. PROCEDURES. The Committee shall hold its initial meeting at 6
p.m. on the second Monday following the initial appointment of its members, at which
time it shall select a chairman, and shall thereafter set its own procedures and meeting
schedule.
Section 4. TERM. This committee shall automatically disband three years
from the date of its establishment, or at such sooner date as established by
subsequent resolution of the City Council.
Section 5. CONFLICTS. All resolutions or parts of resolutions in conflict
herewith are hereby repealed.
Section 6. EFFECTIVE DATE. This resolution shall take effect immediately
upon its adoption.
The foregoing Resolution was moved for adoption by W o 1 f f
The motion was seconded by Simchick and, upon being put to a
vote, the vote was as follows:
Mayor Richard H. Gillmor
Vice -Mayor Jim Hill
Council Member Andrea Coy
Council Member Dale Simchick
Council Member Eugene Wolff
aye
aye
aye
aye
aye
The Mayor thereupon declared this Resolution duly passed and adopted this
day of April, 2009.
ATTEST:
Sally A. Majd, MMC
City Clerk
CITY OF SEBASTIAN, FLORIDA
Bv:
e
Mayor Richard H. Gillmor
Approved as to form and legality for
reliance by the City of Sebastian only:
Robert A. Ginsburg, City Attorney
G3)
Subject:
Resol tion R -11 -02 Unfunded
Ap •v r Submittal by:
f City
Mandates
Agenda No.
Department Ori•"
Finance:/ I
r it ana•er
1 1
City Attorney: Efface
Clerk: ,�J� ri
Date Submitted: 06 JAN 11
Council Date: 12 JAN 11
A i e City Manager
EXPENDITURE REQUIRED:
N/A
AMOUNT BUDGETED:
N/A
APPROPRIATION
REQUIRED:
N/A
S LD "N
HOME OF PELICAN ISLAND
AGENDA TRANSMITTAL
SUMMARY
At the December 2010 Legislative Day Rally in Vero Beach, Mayor Hill addressed the
Treasure Coast Legislative Delegation with concerns discussed by City Council. In so
doing, Mayor Hill indicated that the Legislature should be mindful of creating additional
legislation containing unfunded mandates. Upon discussion Senator Mike Haridopolos
and Representative Mayfield requested a list of unfunded mandates.
Pursuant to that request, attached for your review and consideration is a proposed
resolution from City Council. Also attached is a list of unfunded mandates if Council
wants to consider providing the Legislature with additional suggestions.
RECOMMENDATION
Staff recommends approval of Resolution R -11 -02 as may be modified by Council.
RESOLUTION NO. R -11 -02
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA ENCOURAGING THE FLORIDA LEGISLATURE TO STOP
UNFUNDED MANDATES AND REQUESTING THAT CERTAIN UNFUNDED
MANDATES BE REPEALED; PROVIDING FOR CONFLICT; PROVIDING FOR
EFFECTIVE DATE.
WHEREAS, Florida government possesses a multilayered system of revenue
sources which finance a multitude of important public services; and,
WHEREAS, the Florida Legislature promulgates that a specific services be
administered by local government; and,
WHEREAS, the Florida Legislature limits and regulates revenue sources thereby
hampering the ability of local governments to disseminate public services; and,
WHEREAS, this action is commonly referred to as an Unfunded Mandate, and
certain unfunded mandates are prohibited by the Florida Constitution.
NOW THEREFORE, be it resolved by the Council of the City of Sebastian as
follows:
SECTION 1. CEASE UNFUNDED MANDATE LEGISLATION. The City Council
hereby urges members of the Florida Legislature to exercise all due diligence in
determining whether any unfunded mandates are embedded in proposed
legislation.
SECTION 2. REPEAL ENUMERATED UNFUNDED MANDATES. The City
Council hereby provides a list of unfunded mandates that should be repealed:
Section 215.055(2)(d), Florida Statutes Places limitations on the use of
Discretionary Sales Tax revenues which increase reliance on Ad Valorem Tax
revenue.
Section 200.065 (5), Florida Statutes Limits and regulates municipal elected
officials' ability to manage millage rates.
Section 287.055, Florida Statutes Commonly known as the Competitive
Consultants Negotiation Act (CCNA) requires municipalities to proceed through
an extensive selection and negotiation process to retain architects, engineers,
landscape architects, or surveyors. This process prolongs the construction
process and increases costs as price can not be a determinate in the selection
process.
Section 112.0801, Florida Statutes The Municipality is required to offer its
retired employees the same health and hospitalization insurance coverage
offered its active employees at no greater cost than the premium cost applicable
to active employees. This policy ultimately increases costs to the general public.
Chapter 175; Chapter 185 Florida Statutes These chapters require cities
participating in certain pension plans (approximately 200 cities) to use funds to
provide additional pension benefits to public safety personnel.
Section 633.382, Florida Statutes Requires public employers to provide
supplemental compensation to police and firefighters who have attained higher
levels of education such as bachelor and master degrees. The additional
compensation ranges from $30 $130 per employee per month. These amounts
also increase retirement and benefit costs.
SECTION 3. EFFECTIVE DATE. This Resolution shall take effect immediately
upon its adoption.
The foregoing Resolution was moved for adoption by Council Member
The motion was seconded by Council Member and, upon being
put to a vote, the vote was as follows:
Mayor Jim Hill
Vice Mayor Don Wright
Council Member Andrea B. Coy
Council Member Richard H. Gillmor
Council Member Eugene Wolff
The Mayor thereupon declared this Resolution duly passed and adopted this 12
day of January, 2011.
ATTEST: CITY OF SEBASTIAN, FLORIDA
By:
Sally A. Maio, MMC
City Clerk
By:
Jim Hill
Mayor
Approved As to Form And Legality
For Reliance by the City Of
Sebastian Only:
Robert A. Ginsburg
City Attorney
State Mandates
The following are just a few of the unfunded state mandates placed on Florida's municipalities.
By "unfunded state mandate," I mean state legislation that requires a municipality to spend funds
or take a certain action without providing state revenues to fund the requirement. Some seem
trivial and others might be good public policy, but that's not the point. Taken together, they
require municipalities to levy local taxes and expend significant local tax revenues to carryout
state policies. As a result, the priorities of local taxpayers go unmet.
Under Sec. 27.02(1), Fla. Stat., the state generally prohibits a state attorney's office (which is
funded by the state) from prosecuting municipal ordinance violations. Municipalities are
therefore left with two options: hire a municipal prosecutor or enter into a contract with the state
attorney to prosecute municipal violations. Both options are very expensive. Under Sec.
27.51(1), Fla. Stat., the same rules apply to public defenders in the event an indigent party is
charged with a municipal ordinance violation. Also, in the case of public defenders, the
municipality must also pay deposition costs, deposition transcript costs, investigative costs,
witness fees, expert witness fees, and interpreter costs. Again, pretty expensive. Under Sec.
28.2402, Fla. Stat., a municipality must also pay the clerk of the circuit court filing fees,
including 10% of the total amount of any fines paid the municipality as a result of the ordinance
violation, to defray court administration costs. Again, pretty expensive.
Under Sec. 73.014, Fla. Stat., the state has prohibited a municipality from condemning property
to prevent "slum or blight" or to prevent a "nuisance." The first form of condemnation was
historically used as a last resort to redevelop dilapidated downtown areas. Now, the owner of
one dilapidated property in a multi -block downtown area can hold the redevelopment plan
"hostage." As a result, the prohibition will now significantly increase the cost of downtown
redevelopment and hence discourage economic development. The latter form of condemnation
was historically used to eliminate "crack houses" and the like. Now, neighbors will just have to
live with the crime that invariably surrounds these dilapidated buildings. Both prohibitions also
undermine efforts to curtail urban sprawl because they increase the cost of downtown
development.
Sec. 111.07, Fla. Stat. A municipality must reimburse its employees for attorneys fees incurred
in any court proceeding that results from the employee performing his official duties.
Sec. 112.0801, Fla. Stat. The municipality is required to offer its retired employees the same
health and hospitalization insurance coverage offered its active employees at no greater cost than
the premium cost applicable to active employees. The municipality will incur costs in order to
make this coverage available to its retired employees, and may incur further costs in an effort to
equalize premiums costs so they are on par with that paid by its active employees.
Under Sec. 112.18, Fla. Stat., the state has mandated that any disability or death of a law
enforcement officer or firefighter caused by tuberculosis, heart disease, or hypertension is
presumed to have been suffered in the line of duty. This presumption assures the law
enforcement officer or firefighter will usually qualify for workers' compensation benefits and
"line of duty" retirement benefits. As a result, contributions to fund retirement plans and to pay
workers' compensation premiums for law enforcement officers or firefighters are significantly
higher than the contributions for general public employees. Under Sec. 112.181, Fla. Stat., the
same general presumption, with the same general results, also applies when a firefighter
contracts hepatitis, meningitis, or tuberculosis. Local government employees some 40,000 law
enforcement officers and 33,000 firefighters statewide.
Sec. 112.19, Fla. Stat., requires municipalities to provide a variety of death benefits to the
beneficiaries of law enforcement officers:
$50,000* if the law enforcement officer dies while on the job.
$50,000* if the law enforcement officer dies as a result of a fresh pursuit, in response to an
emergency, while at the scene of a traffic accident, or while enforcing a traffic law.
$150,000* if the law enforcement officer is killed or dies as a result of an unlawful or
intentional act.
$1,000 for funeral expenses if the law enforcement officer is killed in the line of duty as a
result of an act of violence.
The health insurance premiums of the law enforcement officer's spouse and dependents if the
law enforcement officer is killed in the line of duty as a result of an act of violence. (The law
enforcement officer's health premiums are also paid if the law enforcement officer suffers a
"catastrophic injury" that doesn't result in death.)
These amounts have been subject to an annual cost of living adjustment since 2002.
Sec. 112.191, Fla. Stat., requires municipalities to provide a variety of death benefits to the
beneficiaries of firefighters:
$50,000* if the firefighter accidentally dies while on the job.
$50,000* if the firefighter's accidental death occurs while the firefighter is responding to an
emergency.
$150,000* if the firefighter dies as a result of an arson.
$1,000 for funeral expenses if the firefighter is killed in the line of duty as a result of an act
of violence.
The health insurance premiums of the firefighter's spouse and dependents if the firefighter is
killed in the line of duty as a result of an act of violence. (The firefighter's health premiums
are also paid if the firefighter suffers a "catastrophic injury" that doesn't result in death.)
These amounts have been subject to an annual cost of living adjustment since 2002.
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Additionally, under Sec. 112.191(2)(a), volunteer firefighters receive the same benefits.
Under Sec. 115.07, Fla. Stat., the state mandates that all municipal employees who are reserve
officers or personnel in the United States military or naval service or are members of the
National Guard are entitled to up to seventeen days annual leave from their public employment
without loss of leave, pay, time, or efficiency rating. Under Sec. 115.12, Fla. Stat., and Sec.
115.14, Fla. Stat., all municipal employees are also entitled to receive full pay for the first 30
days of "active military service." They are likewise entitled to a leave of absence during a
"period of active military service" and are entitled to preserve all seniority rights, efficiency
ratings, promotional status and retirement privileges during the leave of absence.
Sec. 163.3175, Fla. Stat., requires municipality to provide land development information to
military bases adjacent to or in close proximity to military installations. 163.3177 requires local
government comprehensive plans to consider and include criteria addressing the compatibility of
adjacent or closely proximate lands with military installations.
Sec. 163.3202, Fla. Stat., requires the adoption and development of land development regulations
that are consistent with and that implement the local comprehensive plan.
Chapter 163, Part II, Fla. Stat. Mandates the development, adoption and periodic amendment
of local government comprehensive plans. Each plan must contain mandatory "elements"
covering a multitude of planning subjects, including Future Land Use, Capital Improvements,
Transportation, Conservation, and Intergovernmental Coordination. Each plan must be
internally consistent and consistent with state law. The preparation and review of plan
amendments, including new capital improvement financial feasibility requirements, consumes
considerable staff resources and necessitates the use of contractual professional planning
consultants. Each of these statutorily required elements is, in itself, an unfunded mandate. Each
year, additional requirements are layered into these existing requirements. For example, in 2003,
the law was amended to require municipalities to develop 10 -year water supply facilities work
plans in coordination with water management district regional water supply plans. See
163.3177. In addition, municipalities are requirement to development and adopt interlocal
agreements with counties and school districts regarding future land uses and school facilities.
See 163.31777. In 2005, the law was amended to provide additional mandates that a
municipality adopt and maintain a "financially feasible" 5 -year schedule of capital
improvements, including water supply development facilities and transportation improvements.
Under Ch. 163, Part II, Fla. Stat., each municipality must adopt a comprehensive plan to manage
growth within the community. The comprehensive plan must include a variety of elements,
including:
A capital improvements element designed to consider the need for and location of public
facilities in order to encourage the efficient utilization of the facilities.
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A future land use plan element designating the proposed future distribution, location, and
extent of uses of land for residential, commercial, industry, agricultural, recreation,
conservation, education, and public buildings and grounds.
A traffic circulation element consisting of the types, locations, and extent of existing and
proposed major thoroughfares and transportation routes, including bicycle and pedestrian
ways, parking facilities, and aviation, rail, and seaport facilities.
A general sanitary sewer, solid waste, drainage, potable water, and natural ground water
aquifer recharge element demonstrating ways to provide for future potable water, drainage,
sanitary sewer, solid waste, and aquifer recharge protection.
A conservation element for the conservation, use, and protection of natural resources in the
area, including air, water, water recharge areas, wetlands, water wells, estuarine marshes,
soils, beaches, shores, floodplains, rivers, bays, lakes, harbors, forests, fisheries and wildlife,
marine habitat, minerals, and other natural and environmental resources.
A recreation and open space element demonstrating a comprehensive system of public and
private sites for recreation, including natural reservations, parks and playgrounds, parkways,
beaches and public access to beaches, open spaces, waterways, and other recreational
facilities.
A housing element consisting of standards to be followed to provide for housing for all
current and anticipated future residents, the elimination of substandard dwelling conditions,
the provision of affordable housing, mobile homes, and group home facilities and foster care
facilities, and the provision for historically significant housing.
A coastal management element designed to maintain the overall quality of the coastal zone
environment, to protect wildlife and marine life and to protect human life against the effects
of natural disasters.
An intergovernmental coordination element designed to coordinate the comprehensive plan
with the plans of school boards, regional water supply authorities, and other local
governments.
The municipality must also adopt "land development regulations" to implement the
comprehensive plan. The comprehensive plan, most amendments to the plan, and all
development regulations implementing the comprehensive plan must be "approved" by the state.
Thereafter, adequate public facilities to support development must be installed "concurrently"
with the development. "Concurrently" means
Sanitary sewer, solid waste, drainage, adequate water supplies, and potable water facilities
must be in place and available to serve new development no later than the issuance of a
certificate of occupancy.
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Parks and recreational facilities to serve new development must be in place no later than one
year after the issuance of a certificate of occupancy.
Transportation facilities and public schools needed to serve new development must be in
place within three years after a building permit is issued.
The public is granted "enhanced standing" to challenge a variety of decisions in the
comprehensive planning process. For example, the public can challenge the comprehensive
plan, amendments to the comprehensive plan, or development regulations during the "state
approval" process. The public can likewise challenge a development order alleging a variety of
public facilities aren't in place "concurrent" with the development.
Ch. 164, Fla. Stat., requires a local government to proceed through a very extensive and lengthy
"conflict resolution process" before it sues another local government. The process requires a
variety of notices and meetings with the other local governments and requires the local
government to spend money to advertise the meetings in the local newspaper.
Sec. 166.0451, Fla. Stat., requires municipalities to prepare, every 3 years, an inventory list of all
surplus property owned by municipality, and to prepare a report as to whether such property
would be suitable for use or sale for affordable housing.
Under the state constitution, the municipality must contribute sufficient revenues to assure all
municipal pension plans are actuarially sound. Ch. 175, Fla. Stat., (firefighter) and Ch. 185, Fla.
Stat. (municipal police) provide for various firefighter and police officer pension plans. These
chapters of law require cities participating in these pension plans (approximately 200 cities
participate under each chapter) to use funds to provide additional pension benefits to their
firefighters and police officers. The state has very narrowly defined what an additional pension
benefit is, resulting in increased funding requirements for cities to continue to provide the
additional pension benefits.
Sec. 166.049, Fla. Stat., requires the municipality must make numerous public findings before it
grants a cable television franchise and prohibits the municipality from granting a franchise on
terms or conditions more favorable than those of existing cable franchises within the
municipality.
Sec. 166.049, Fla. Stat., requires each municipality to have at least two law enforcement officers
on duty at all times, requires the municipality to establish a means for the law enforcement
officers to communicate with the county sheriff's office, and requires the municipality to enter
into a mutual aid agreement in order for the law enforcement officers to communicate with law
enforcement agencies in other jurisdictions.
Sec. 166.0493, Fla. Stat., requires every municipal law enforcement agency to incorporate an
anti- racial or other anti- discriminatory profiling policy into the agency's policies and practices.
Under Sec. 171.0413 and 171.042, Fla. Stat., a municipality, before annexing unincorporated
area into the municipality, must prepare a report setting forth the plans to provide urban services
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to the area to be annexed, must hold several hearings on the proposed annexation, must spend
money to advertise the hearings in the local newspaper, and must hold a referendum on the
annexation.
Under Sec. 200.065, Fla. Stat., a municipality, before it adopts a budget and its ad valorem tax
millage rate, must hold numerous hearings and publish numerous advertisements in the local
newspaper. The hearings can't be held at certain times and on certain days. They must be held
according to a state mandated schedule. The state also mandates the advertisements be a certain
size and must be published in certain newspapers.
Under Ch. 205, Fla. Stat., a municipality can't issue a business license to a variety of businesses
without first checking to assure the business is properly licensed by the state. These businesses
include all professions regulated by the Department of Business and Professional Regulation, as
well as pharmacies and pharmacists, pest control businesses, health studios, and travel agencies.
Sec. 255.05, Fla. Stat., mandates that a municipality require a payment and performance bond
from any person entering into a contract with a municipality to construct or repair a public
building or public work.
Sec. 255.20, Fla. Stat., mandates a municipality seeking to construct or improve a public building
or public work must competitively bid the project if the project costs more than $200,000.00.
Sec. 287.055, Fla. Stat., requires the municipality to proceed through an extensive selection and
negotiation process when it retains architects, engineers, landscape architects, or surveyors and
mappers. The whole process is designed to assure the professional doesn't have to compete for
business on the basis of cost.
Sec. 316.189(3)(b) —(c), Fla. Stat. A municipality has the responsibility to maintain all school
zones located in a municipality. This requirement assures the municipality can be subjected to
liability for accidents that occur at the crossing.
Sec. 316.1895(1)(b), Fla. Stat. The Department of Transportation, is required to adopt a
uniform system of traffic control devices and pedestrian control devices for use on the streets and
highways in the state surrounding all schools, public and private. Each county and municipality
in the state is required to install and maintain such traffic and pedestrian control devices in
conformity with such uniform system developed by DOT. This requirement assures the
municipality can be subjected to liability as a result of accidents that occur at school entrances.
Sec. 380.06, Fla. Stat. Local governments are required to review applications for development
approval for developments of regional impact (DRIs) and issue development orders consistent
with statute and chapter 163, part II, for same.
Sec. 403.064, Fla. Stat. Requires local governments that apply for a permit for domestic
wastewater treatment facility to prepare a water reuse feasibility study. Requires implementation
of water reuse, if feasible, based on results of study. Requires preparation of annual water reuse
report to Dept. of Environmental Protection.
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Sec. 403.067, Fla. Stat. Total Maximum Daily Loads Requires point and nonpoint sources to
comply with pollutant load reductions for impaired waters. Local governments are responsible
for nonpoint source load reductions for stormwater and onsite sewage treatment systems (septic
tanks). Cost of retrofit for stormwater alone estimated in hundreds of millions.
Sec. 403.0885, Fla. Stat. National Pollutant Discharge Elimination System (NPDES) Program
Requires Clean Water Act permit for municipal storm sewer systems (joint federal /state
mandate)
Sec. 403.0891, Fla. Stat. Stormwater Management Local governments must development
stormwater water management program within its chapter 163, part II, mandated comprehensive
plan. Such plan must be coordinated with programs and plans of DEP and WMDs.
Sec. 403.50665, 403.526, Fla. Stat. Electrical Power Plant and Transmission Line Siting
Requires local governments to prepare a determination of consistency of a proposed site with
local government comprehensive plan, zoning, and other local requirements. Requires
participation in a certification hearing by affected local government (403.508, 403.527).
Chapter 403, Part IV Resource Recovery Management
403.702, Fla. Stat. Requires local governments to plan and provide solid waste management,
requires municipalities to determine the "full cost" for providing resource recovery, recycling
and disposal. See also 403.7049.
403.702(n), Fla. Stat., requires counties and municipalities to develop and implement recycling
programs.
Under Ch. 553, Part IV, Fla. Stat., each municipality must adopt and enforce the state building
code that is promulgated by the state. It must use employees "certified" by the state to enforce
the code. It must also add a "surcharge" to every building permit that is used by the state to
oversee the enforcement of the codes.
Sec. 553.80(6), Fla. Stat. If a state university, state community college, or public school district
elects to use a municipality's building code enforcement offices, the municipality must provide
expedited building construction permitting, building plans review, and inspections of projects of
state universities, state community colleges, and public school districts.
Sec. 633.382, Fla. Stat., (firefighters) and Sec. 943.22, Fla. Stat., (police officers) require
employers of firefighters and police officers to provide supplemental compensation if the
firefighter /police officer has a community college, bachelors, or masters degree. The required
supplemental compensation ranges from $30 per month to $130 per month depending upon the
level of education obtained by the firefighter /police officer.
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