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01262011Agenda
Brief Announcements ai c HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, JANUARY 26, 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. INVOCATION Father John Morrissey, St. Sebastian Catholic Church 3. PLEDGE OF ALLEGIANCE Led by Girl Scout Troop 50003 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. 11.014 A. Economic Development Presentation Beth Mitchell, Executive Director, 5 Sebastian River Area Chamber of Commerce and Joe Griffin, City of Sebastian Economic Development Director (City Manager Transmittal) 11.015 B. Goals and Accomplishments City Manager (City Manager Transmittal) 7 7. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he /she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. 9 -17 A. Approval of Minutes 1/5/11 Special CRA/Council Joint Meeting 19 -14 B. Approval of Minutes 1/12/11 Regular Meeting 11.016 C. Continue Fuel Purchase through Piggyback from St. Lucie County School 33 -53 Board Bid with Glover Oil, Melbourne, FL until July 21, 2011 (Public Works Transmittal, Fuel Purchases, Contract Info) 11.017 D. Approve Renewal of Sharks Use Agreement for Barber Street Sports Complex 55 -66 With Term to Expire 12/31/15 (City Manager Transmittal, Agreement) 11.018 E. Approve License Agreement with Gulf Stream Council Boy Scouts of America for 67 -76 Camporee at Sebastian Municipal Airport from March 4 -6, 2011 (Airport Transmittal, Plan, 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. 11.019 A. Sebastian Representative on MPO Bicycle Advisory Committee 77 -79 (City Clerk Transmittal, County Info) Officially Confirm City Representative or Direct Staff to Re- Advertise 11.020 B. Planning Zoning Commission 81 -92 (City Clerk Transmittal, Applications, Ad, List) i. Interview Unless Waived, and Appoint One Expired Regular Member ii. Interview Unless Waived, and Appoint One Expired Alternate Member 9. PUBLIC HEARINGS 10. UNFINISHED BUSINESS 11. PUBLIC INPUT 12. NEW BUSINESS 11.021 A. Review Parking Study (City Manager Transmittal, Study Report) 93 -170 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS A. Council Member Wolff B. Mayor Hill C. Vice Mayor Wright D. Council Member Coy 11.022 i. Update Reinvest For Success 171 E. Council Member Gillmor 17. ADJOURN (All meetings shall adjourn at 10:00 p.m. unless extended for up to one half hour by a majority vote of City Council) HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. All City Council Meetings are Aired Live on Comcast Channel 25. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND 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: February 9, 2011— 6:30 pm February 23, 2011— 6:30 pm March 9, 2011 6:30 pm March 23, 2011 6:30 pm 2 PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION R -09-45 Regular City Council Meetings Public Input is ALLOWED under the headings: Consent Agenda Public Hearings Ni Unfinished Business Ni 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); °J Committee Reports and Appointments (except for committee members giving reports and applicants being interviewed for committee appointments); PP 9 PP City Council Matters Charter Officer Matters Council may, by majority vote, call upon an individual to provide input if desired. Workshops and Special Meetings Public input is limited to the item on the agenda Time Limit Input on agenda items where public input is permitted on agenda is FIVE MINUTES; however, City Council may extend or terminate an individual's time by majority vote of Council members present. Input Directed to Chair Speakers shall address the City Council IMMEDIATELY PRIOR TO CITY COUNCIL DELIBERATION of the agenda item and ALL INPUT SHALL BE DIRECTED TO THE CHAIR, unless answering a question of a member of the City Council or City staff. Individuals shall not address City Council after commencement of City Council deliberation on an agenda item after public input has concluded, provided, however, the Mayor and members of City Council may recall an individual to provide additional information or to answer questions. Certain Remarks Prohibited Personal, impertinent, and slanderous remarks, political campaigning, and applauding are not permitted and may result in expulsion from the meeting. The Chair shall make determinations on such remarks, subject to the repeal provisions below. Appealing Decisions of Chair Any member of Council may appeal the decision of the Chair to the entire Council. A majority vote of City Council shall overrule any decision of the Chair. Public Input Heading on Agenda The heading on Regular Meeting agendas "Public Input" provides an opportunity to for individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISEE ON THE PREPARED AGENDA. Individuals are asked to attempt to resolve matters with staff prior to meetings. Individuals are asked to provide copies of material for Council one week prior to the meeting if they intend to refer to specific material. City Council will not debate an issue during Public Input but may be consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. Subject: E onomic Development Ap rov:4 fo Submittal by: irj Update Agenda No. 1 0 l Department Origin: Finance: City Manager AP City Attorney: pillar, City Clerk: c% A Date Submitted: 20 JAN 11 Council Date: 26 JAN 11 N i e City Manager EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: N/A 0TYOF SE 'rii HOME OF PELICAN ISLAND AGENDA TRANSMITTAL SUMMARY At the request of City Council, Joe Griffin and Beth Mitchell, Executive Director Sebastian Area Chamber of Commerce have prepared an economic development presentation. This short presentation will provide Council and the public with an update regarding economic development accomplishments and future goals. RECOMMENDATION Staff anticipates direction from Council on this item. Subject: Goal Setting A'" ro or Submittal by: Agenda No. 1 1 015 Department Origin: Finance: City Manager /I. City Attorney: f/" City Clerk: Date Submitted: 20 JAN 11 Council Date: 26 JAN 11 fl r, City Manager EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: N/A rnr gF SL TIAN HOME OF PELICAN ISLAND AGENDA TRANSMITTAL SUMMARY Per Resolution R- 10 -05, City Council is to set goals bi- annually. Each goal setting session is scheduled for January and July. To assist in establishing goals, the office of the City Manager will be preparing a Power Point presentation providing documentation on community -wide accomplishments and future projects (i.e. goals). RECOMMENDATION Staff anticipates direction from Council on this item. C1TV OF HOME OF PELICAN ISLAND JOINT COMMUNITY REDEVELOPMENT AGENCY/ SEBASTIAN CITY COUNCIL MINUTES SPECIAL MEETING WEDNESDAY, JANUARY 5, 2011 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA AT WORKSHOPS AND SPECIAL MEETINGS, PUBLIC INPUT IS LIMITED TO THE ITEM ON THE AGENDA IN ACCORDANCE WITH R -09 -45 1. Mayor Hill called the Joint CRA/Council Meeting to order at 6:00 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL City Council Members Present: Mayor Jim Hill Vice Mayor Don Wright (excused at 7:15 pm recess) Council Member Andrea Coy Council Member Richard Gillmor Council Member Eugene Wolff City Staff Present: City Manager, Al Minner City Attorney, Robert Ginsburg City Clerk, Sally Maio Growth Management Director, Rebecca Grohall Chief of Police, Michelle Morris MIS Senior Systems Analyst, Barbara Brooke -Reese Mr. Gillmor said an FSL grant applicant from River Grill had asked to be moved up on the agenda due to a previous commitment and there was no objection. 4. NEW BUSINESS 10.112/11.001 A. Approve Fisherman's Landing Sebastian Lease Modification (Transmittal; FSL Lease paragraph 8; Working Waterfront Memo) The City Manager recapped Council and CRA direction on the riverfront, and described the finance plan on circle page four of the agenda packet to accomplish getting the projects done (see attached to minutes), one of the items being the working waterfront project. He advised that the billboard expenditure which had been cut can be revisited at a later time, and discussed a fund balance from Fagade Sign and Landscape grants. The City Manager said item 4A is a proposal to amend the Fisherman's Landing Sebastian, Inc. (FLS) lease by shifting responsibility for improvements to the old Hurricane Harbor building to FLS with City funding and increase the improvements budget from $200,000 to $250,000. He said the Working Waterfronts Committee met twice on this in November and December, and though there was no quorum they made CRA/City Council Joint Meeting Minutes January 5, 2011 Page Two a favorable recommendation. He said shifting the responsibility to FLS will reduce costs which would be incurred by the City contracting out the services and expedite renovation. He said the City will remain landlord and will have responsibility for certain costs such as professional fees, lift station, landscaping and maintenance. John Conway, Chairman of the Working Waterfronts Committee, said the Committee met on November 30, 2010, some of them went on -site to do a survey, and then met again on December 29, 2010 when all members agreed to recommend the lease be changed to allow the tenant to do the build out. The City Manager noted corrections on circle page 9 in the lease amendment signature block, to change to Sebastian Fisherman Landing, Inc. and to change the President to Charles Sembler, Jr. Mr. Wolff talked about recreational impact fees, the fact that they are fees derived from construction of residential homes and asked how parking improvements become a recreational activity for a residential community. The City Manager responded that the parking improvement project would effectuate car parking, boat parking and landscape improvements much the same as in the Indian River Drive /Main Street project. In response to Mr. Gillmor, the City Manager said that the billboards are funded to August 2011 and will go away in 2011/2012. In response to Mr. Gillmor as to how each individual cost of the renovation will be reimbursed to the Fishermen, the City Manager explained the process: the permitting process for each improvement, Growth Management staff review, receipt of purchase orders or request for payment with appropriate documentation from FLS, and execution of authorization for payment up to $250,000. Mr. Wright noted the reference on circle page 8 to the need for approval of an improvement plan. The City Manager said the building plan is through the site plan process showing the modifications and that they will also need building permits. In response to Mr. Wright who asked where the estimates came from, the City Manager said FLS and various contractors had provided the City cost estimates and then they sat down with permitting agencies to determine those costs. He responded to Mr. Wolff that there were no written quotes. Mr. Wolff questioned the lack of a time line for the improvements and the City Manager responded that the improvements to the Hurricane Harbor property cited in 8C of the lease must be made by September 30, 2011. He noted that FLS is making the improvements to the Dabrowski property on their time and their dime which is cited in 8A of the lease. Mr. Wright noted that the memo on circle page 10 of the packets says they would like to complete renovations by April 10, 2011. Public Input Joe Scozzari, said he had requested to be on the bid list but was not asked, that the roof could be done for less than $75,000 and there should be written estimates, and before 2 CRA/City Council Joint Meeting Minutes January 5, 2011 Page Three the City spends a dime there should be a written business plan and schedule of events in place. He said he requested to be on the bid list and that he knows roofs. Ben Hocker, Sebastian, said we seem to be talking about two parcels and asked who owns them. Mayor Hill said the fishermen own one and we own one, and the City Manager said actually we now own both properties. Mr. Hocker asked if the $14,000 the co -op was previously paying to Dabrowski was carried forward when the City took over the property, and why it is in the lease for the City to rebuild items on the Dabrowski property and maintain docks. He noted the Hurricane Harbor docks don't allow overnight tie -up and asked if there is an exclusion from the State for the commercial docks. He then asked if he could rent these properties for the same rate as he would rent Riverview Park. Mayor Hill asked the City Manager to respond to questions after public input was concluded. Damien Gilliams, 1623 US 1, cited the history of the grant applications which originally included the property to the north of Hurricane Harbor, and later changed to the Dabrowski property. He said this project has not been bid out for other non profits to spend a quarter of a million to make improvements to City property, the City is acting illegally and if it was advertised he would like to see it. He said there is no business plan, the City is in violation of the FCT agreement and the State needs to be put on notice, the City Manager wants it off his desk, there is supposed to be an endowment, and he has lots of concerns. He said the CRA doesn't have money and there are potholes in front of his property, that this project won't benefit the community, they continue to funnel to special interests, the City can get SBA loans and other businesses can profit, a for profit group is coming in, said again it is illegal and corrupt, needs to be investigated and tabled. The City Manager said if the Council is against this project for any reason, illegality and all that stuff is not a valid issue, said these two properties meet the State definition of blight, we are using incremental funds to correct a blighted area, to encourage other businesses in the area, and said this project should be a poster child for how redevelopment money is spent. He said a reasonable argument against this project would be the use of incremental funds which leaves a negative impact on the general fund, but to counter that argument, that money is also matched by other taxing agencies. He responded to Mr. Scozzari's concern by stating that the difficulties with this is that it is a rehabilitation project and there are some things you miss. He said he understands trepidation with him asking for more improvements money, went into detail on the problems with the roof, which is currently foam, stating it would be best to remove the foam and replace with copper or tin, but there are concerns about the integrity of the building and other issues. He said if we re -foam instead of replace the roof, the anticipated $80,000 will not be spent, and reiterated that every dime spent comes back to the City because it is our property. He said there is a ten year lease which will be looked at and if it successful we can go forward and if not we can change the terms. He responded to Mr. Hocker's questions stating there are two parcels, the City owns both, the Dabrowski property and the Hurricane Harbor property, which were kept divided for purposes of development and ease of communication. He said FLS is responsible for improvements to the Dabrowski property, that originally we were to improve Hurricane Harbor and they were to manage it, noting the Stan Mayfield Grant 3 CRA/City Council Joint Meeting Minutes January 5, 2011 Page Four was intended to stimulate the commercial fishing market. He said on the sublease issue, now have leased both properties to FLS and they have the authority to sub -lease and FLS have a memorandum of understanding which, he said, he had placed before them tonight (see attached) and explained the terms of MOU sub -lease with Indian River Seafood. He said as to the dock issue and tie -ups, Hurricane Harbor does not have deep water, DEP does not allow mooring overnight and it is more a cosmetic dock, however, the Dabrowski parcel has a permitted commercial dock and was properly permitted by DEP after FLS made right some of the issues DEP had with the dock. The City Manager responded to Mr. Gilliams' questions, noting we did change the grant midstream, originally it was a collaborative for the Hurricane Harbor and Sebastian Entertainment Center properties and FLS submitted a grant request for the Dabrowski parcel and at the eleventh hour the FLS was not granted because they did not have their 501 C3 status in effect in time. He said other communities got funded and Sebastian got about half of the grant funds, approximately $2.5 M. He said a most important component of our grant was to have deep water and because the Sebastian Entertainment property could not be negotiated for purchase, FCT cut off negotiations, so the City went to FCT and asked if we could purchase the Dabrowski property, and the grant was re- awarded that way. He said we did a public RFP, though not for a 501C3 as Mr. Gilliams stated. He said soon after the grant was approved the City solicited for private entities to manage fishing industry type things at the Hurricane Harbor and there was no response on the RFP, so he checked with counsel on that and it was decided it was appropriate and legal to contract with a not for profit organization to look for those ancillary businesses. He said the business plan was a part of the Stan Mayfield grant application, was reviewed internally, and was not something that would necessarily have been evaluated by Council. Mayor Hill asked for clarification that the financial plan cited on circle page 4 of the packet was not set in stone if we approve this lease amendment tonight. The City Manager said if you approve this with the $250,000 amount, this is the blueprint. Mayor Hill then said approval of this agenda item does not necessarily lock in this financial workup and can be addressed at a later time. The City Manager said if Council approves this he will direct Finance to change the CIP to these fund levels because the current approved budget does not have these allocations, so he is asking Council to amend the budget. Ms. Coy asked the City Attorney if there was anything before Council he would consider illegal and he said no and Council had already approved the original lease last July and this is an amendment to that lease. She asked him if there is anything he perceived as corrupt with this activity and he said no. She said as to the statement made that businesses have nothing to gain, the City has taken remarkable steps to make the City better for residents and the business community, we're here for the long haul, and this is an excellent project. MOTION by Ms. Coy and SECOND by Mr. Wright to approve. Mr. Gillmor reiterated that there was a proper business plan in place, because if there was not, we would not have gotten the grant, which the City Manager confirmed to be correct. He asked that $250,000 be a hard and fast ceiling. 4 CRA/City Council Joint Meeting Minutes January 5, 2011 Page Five Mr. Wright noted any change to exceed $250,000 would have to come back to Council. He said the ability of FLS to get it done for a more reasonable price than the City can is based on the requirements of the public bidding process. He said he did not believe the $50,000 difference in cost is an unreasonable amount. Mr. Wolff said what brings us here is that we need $250,000 to improve this project, that we also paid $250,000 over appraised value for the property, discussed the original RFP the City Manager said resulted in no bids. He questioned how Indian River Seafood was selected to be the recipient of the lease, citing how no others were allowed to make proposals on the sub lease, stating that Charlie Sembler just put Indian River Seafood in there for $3,000 per month, and he said he did not expect any objections because that is how we do business in Sebastian. Mayor Hill said he would like to retain the funding for the FSL grant program. The City Manager recommended putting back in a $30,000 allocation in FY 12 and FY 13 for FSL. Ms. Coy withdrew her original motion to approve with the exception of the FSL funds. The City Attorney advised that there should be two motions; one as City Council to approve the lease amendment and the other as CRA to approve the budget. Damien Gilliams called for a point of order from the back of the room. MOTION by Ms. Coy and SECOND by Mr. Wright to approve the lease agreement. Result of the Roll Call: Ayes: Hill, Wright, Coy, Gillmor Nays: Wolff Passed 4 -1 MOTION by Ms. Coy and SECOND by Mr. Gillmor to amend the budget to reinstate $30,000 for the FLS program. Result of the Roll Call: Ayes: Wright, Coy, Gillmor, Hill Nays: Wolff Passed 4 -1 11.002 B. Approve Proposal Authorize Procurement US #1 Parking Improvements (Transmittal; Engineer Project Estimate Engineer Proposal Plan) The City Manager briefly explained the project design for parking and landscape improvements along a portion of US 1, which is to asphalt stamp to delineate approximately 125 parking spaces and crosswalks, landscape isles, which he said, he thought could be done less expensively by city workers doing the landscaping. He said that reduction would reduce the total project budget to approximately $250,000. 5 CRA/City Council Joint Meeting Minutes January 5, 2011 Page Six MOTION by Mr. Gillmor and SECOND by Mayor Hill to approve staff recommendation. Damien Gilliams said there are cost differences on circle page 11, one states $243,000 and the other $342,000 and asked if the engineer is getting $100,000 for this. Mayor Hill noted the City Manager had just explained the difference with the reduction from bump outs being done by the City. Mr. Gilliams said the $250,000 was not part of the RFP and Mayor Hill asked him to speak to the issue. Mr. Gilliams said when you have a point of order because you have two motions you should let the public speak. Mr. Wright said he was not feeling well and asked for a recess. Mayor Hill called recess at 7:15 pm and reconvened the meeting at 7:28 pm. Mr. Wright did not return to the meeting. All other members were present. Mr. Gilliams continued, stating that side streets in the CRA district were not being repaired. Ben Hocker asked about the 100 parking spaces on US 1 and no talk of Indian River Drive parking and Mayor Hill explained this was a beautification project for current parking spaces on US 1. Mr. Hocker asked if the Mulligan's funds were in this and said maybe we would get new parking spaces down the line. Mr. Wolff said he found it unprofessional that we pay Schulke, Bittle and Stoddard for professional services, noting the landscape quote is so much higher, that it inflates the project tremendously. He said it would be more logical to say the numbers are inflated, because inflated numbers give the impression we are saving money. He asked if staff had taken note that the Main Street/US 1 thermoplast is deteriorating and asked what reasonable expectation we have for stamped parking. The City Manager said some of the responsibility for the difference in estimates lies with him, that he wanted to amend the numbers but did not timely contact Mr. Schulke to amend it. He said the Indian River Drive markings are concrete, a better product than what we are looking at for US 1 which will wear quicker. He estimated conservatively 5 -8 years. Mr. Wolff said a recent article said we don't have a parking problem, and later we will be dealing with parking, and asked why we are putting the cart before the horse. The City Manager said the completed parking study recognizes the 125 US 1 spaces already, and it had been the direction of the CRA to delineate US 1 parking. He said Sebastian does not have a rustic downtown area as other communities do so we are trying to find that by using the US 1 /Indian River Drive riverfront corridor. Mr. Wolff asked how to respond to constituents who ask why we are spending money to beautify US 1 when we are not taking care of our other roads. The City Manager said we have a $1.5 M bond for street repairs that are on- going, we said we want to repair the presidential streets and identify the ambience of the corridor but we needed the parking study done before we do that. He said we are doing the beautification project first and the parking project second. 6 CRA/City Council Joint Meeting Minutes January 5, 2011 Page Seven Mr. Gillmor said this project will help people understand there is parking in Sebastian, that the stamped asphalt will show it. Ms. Coy concurred that it will delineate that the right side of the road is not a driving lane but is parking. Mr. Wolff asked if there will be "park here" signs. The City Manager said he had been working with FDOT to have some of the many "no parking" signs removed, noting that the City requested them to be installed in the 80s or 90s. Result of Roll Call: Ayes: All Nays: None Passed 4 -0 (Wright Absent) Mayor Hill asked that item D FSL Grants be moved up on the agenda. 11.004 D. Award FY 2011 Facade, Sign and Landscape Grants (Transmittal; Committee Recommendations and backup material) Mayor Hill noted there are twelve FSL grants here for approval and if Council has any objection to any of them they pull those. The Growth Management Director said Washington Plaza had asked to pull their item tonight for tweaking. She clarified for Mr. Wolff that it was Vic's Pizza which is the owner of Washington Plaza. Mr. Wolff said he had a question about Riverfront Grill and Chill and Earl's Hideaway. Mr. Gillmor asked if Island Smoothie is still in there and the GMD said Island Smoothie is not considered in this round, that Professional Title and Halo Rescue have asked for more time to gather information. She said there are only eight to consider tonight. Mayor Hill asked her to read off the applications in consideration. The City Manager read the applications ready for consideration tonight. Earl's Hideaway $7,500 Riverfront Grill and Chill $7,000 Philipson /920 Plaza $7,500 River Grille $7,500 Kim Ellis Ins. /David H $4,400 Fountain Plaza $7,500 Squidly Books $5,500 MOTION by Mayor Hill and SECOND by Ms. Coy to approve those applications. The City Manager noted Southern Sisters Phase II was also on the list. David Haeseler addressed Council stating he was the applicant for Kim Ellis Insurance as the property owner. CRA/City Council Joint Meeting Minutes January 5, 2011 Page Eight The Growth Management Manager noted that Southern Sisters Phase II was on the recommendation on circle page 39 and Council had previously,tated they would hold the grant funds open for them in the last cycle. Damien Gilliams said this is the best $160,000 spent, and recommended contacting SBA for matching grants for businesses. The City Manager clarified the motion includes Southern Sisters Cafe, Philipson, River Grill, David Haeseler, Fountain Plaza and Squidly Books. Result of the Roll Call: Ayes: All Nays: None Passed 4 -0 (Wright Absent) Earl's Hideaway Mr. Wolff asked where the sign was going and the Growth Management Director MD said US 1. MOTION by Mr. Wolff and SECOND by Mayor Hill to approve Earl's Hideaway. Result of the Roll Call: Ayes: All Nays: None Passed 4 -0 (Wright Absent) Riverfront Grill and Chill Mr. Wolff asked whether the applicant was compelled by the committee to go with a carved sign by Curt Oxford based on environmental reasons. He said he was uncomfortable with this type of recommendation in these economic times. Mayor Hill agreed with him. The Growth Management Director said there were different signs provided and the committee recommended this type. Applicant, described the method he used to come up with designs, said he sought other hand carved signs, and Mr. Oxford's was the last quote he got, was not strong armed by the committee, and felt honored the City would offer this grant. Mr. Wolff said he wanted others to know they have choices. Mr. Gillmor said he would like to see all designs in packets, as we had received in the past. Ms. Coy questioned whether that is what the committee is for. Mr. Wolff cautioned people may be intimidated by the recommendation to use a certain type of sign. MOTION by Mr. Wolff and SECOND by Mr. Gillmor to approve Riverfront Grill and Chill 1401 Indian River Drive. Result of the Roll Call: Ayes: All Nays: None Passed 4 -0 (Wright Absent) 8 CRA/City Council Joint Meeting Minutes January 5, 2011 Page Nine 11.003 C. Approve Proposal Authorize Procurement US #1 Gateway Project (Transmittal; Engineer Project Estimate Engineer Proposal Plan) The City Manager briefly described the US #1 project for gateway and trail blazer signs as designed by Neel- Schaffer. He described a proposed landscape berm planned for the western edge of Riverview Park and said Mr. Gillmor had also submitted a proposed design for a waterfall gateway design in Riverview Park. Discussion followed on the proposed berm and whether or not it was needed, citing problems with irrigation and not using native vegetation. Mr. Gillmor noted the plants in the existing bump -outs survived the freeze and perhaps we could use those. Mayor Hill said he was surprised when he saw the new design, stating that Riverview Park is one of the most beautiful properties in the City and questioned the need to do plantings. He said the park is natural and is happy with the stamped parking spaces. Mr. Wolff questioned the use of red brick on the signs. The City Manager said it was apparent they were not quite ready to move forward with the gateway designs, but staff could move forward with the trailblazer signs and come back at a later time on the gateways. Lisanne Robinson, CRA District, exhibited a design for an artistic sculpture called a compass rose depicting pelicans in flight with the negative space being dolphins with a plan to place them on the directional signs. She said the design was by a local artist and said the sculptures would be donated to the City by Art, Inc. She also cautioned that exhibitors in the park use the western edge for access. Mayor Hill noted the Council is considering five trailblazer signs at this time. Mayor Hill said he would be ready to approve the "way to" signs and bring back something more concrete on the gateways, and the City Manager recommended approving the $25,000 gateway budget at this time to get it started. MOTION by Mayor Hill and SECOND by Ms. Coy to approve the way to signs and the $25,000 budget for the gateway project. Mr. Gillmor said he was not in favor of moving the welcome sign and putting it in Riverview Park, because our borders may move and it is better in the median. Mayor Hill agreed with that and said he was not happy with the brick design. Result of the Roll Call: Ayes: All Nays: None Passed 4 -0 (Wright absent) 5. Being no further business, Mayor Hill adjourned the joint CRA/Council meeting at 8:25 p.m. City Council Present: Mayor Jim Hill Vice -Mayor Don Wright Council Member Andrea Coy Council Member Richard H. Gillmor Council Member Eugene Wolff Cfly OF HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JANUARY 12, 2011 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 Norm Holm, Sebastian Campus of Calvary Chapel Melbourne. 3. Council Member Gillmor led the Pledge of Allegiance. 4. ROLL CALL Staff Present: City Manager, Al Minner City Attorney, Robert Ginsburg City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Airport Director, Joseph Griffin Police Chief, Michelle Morris Police Captain, Mike Beyer MIS Senior Systems Analyst, Barbara Brooke -Reese 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members Mayor Hill requested removing item 12B from the agenda and to revisit it at a future date and there was no objection. 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 Mayor Hill thanked Mr. Taracka for his community service and presented the certificate to him. Regular City Council Meeting January 12, 2011 Page Two 11.006 B. Karen Deigl, Senior Resources Association Update on Senior Program Bus Shelter Karen Deigl, CEO, Senior Resources Association gave a PowerPoint presentation on the public transit system noting strong ridership increases. (see presentation attached). She cited awards received and noted Phil Matson had been awarded MPO Planner of the Year. Phil Matson, IRC Metropolitan Planning Organization, described the integral part the public transit system plays in keeping cars off the road, identified public transit deficiencies, the significant increase in Sebastian riders, availability of holiday service for the first time, new shelters, and the proposed relocation of Vero's hub. Ms. Deigl said in 2011 public transit will have challenges, the shelters will be completed, there will be holiday service expansion, and thanked Sebastian for their partnership during the past two years. Ms. Coy asked how we can get Vero Beach to partner financially since they have the bulk of ridership and were requesting route and hub changes. She said she will mention this to Vero Beach Council Members. Brief Announcements Mr. Wright invited the public to the 12 Annual Chamber Concert in the Park Series starting this Friday, in Riverview Park from 5:30 8:30 p.m. Mr. Gillmor said the Art Center will be open Tuesdays and Thursdays, from 11:00 am 3:00 pm with free art classes on Tuesdays, there will be a grand opening in March, and local artist, Fritz Van Eden and photographer Jerry Peterman will be displaying their work. Ms. Coy announced the Senior Activities Fair on Thursday, January 20 in the City Council Chambers giving seniors an opportunity to see what is available for them in the area. Ms. Coy also announced that Aeropostale at the Indian River Mall is collecting jeans to give away to homeless people from January 17 to February 13 and will donate 10,000. 7. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he /she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. A. Approval of Minutes 12/15/10 Regular Meeting 11.007 B. Approve the Purchase of Seven Ford Crown Victoria Interceptor Vehicles 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) 2 Regular City Council Meeting January 12, 2011 Page Three 11.008 C. Resolution No. R -11 -01 Approve Fourth of July Agreement Between 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 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 Resources Association (City Manager Transmittal, Agreement) Mayor Hill removed item A and Mr. Wolff removed item B. MOTION by Ms. Coy and SECOND by Mr. Gillmor to approve consent agenda items C, D, and E. Result of the Roll Call Ayes: All Nays: None Passed 5 -0 Item A Mayor Hill noted on circle page 10 the Charter Review applicant Ms. Kennedy's first name should be changed to Janet and on circle page 22, the sentence clarifying the motion needed to be corrected to "Ms. Coy and Mayor Hill modified their motion to include the punctuation change." He noted these corrections had already been made. MOTION by Mayor Hill and SECOND by Ms. Coy to approve Item A as corrected passed with a voice vote of 5 -0. Item B Mr. Wolff asked if the vehicles will be patrol vehicles noting residents approach him about buying higher mileage per gallon vehicles and he explained they are patrol and pursuit vehicles. The City Manager confirmed they were higher mileage pursuit vehicles that have particular specs and the department typically rotates the older vehicles to other staff and volunteers. Mr. Wolff also noted about a one third of the value of a car is setting it up with patrol equipment, asked what is happening to the equipment on the older vehicles and why they are not transferred to the new cars. The Police Chief responded they have not requested cameras and the other equipment has a life span of about five years and they do reuse what they can. She said the light bars are used on the volunteer cars with a change to amber covers. Regular City Council Meeting January 12, 2011 Page Four Mr. Gillmor said at the last Treasure Coast League of Cities meeting, he spoke to a fellow who deals in compressed natural gas to which future vehicles can be converted and which, he said, would be cheaper, and if the City converted 5 -7 cars every year it wouldn't take long to change the fleet. He said he would like to see this as an agenda and bring in someone who could do a report to see if it is feasible. MOTION by Mr. Wolff and SECOND by Mr. Wright to purchase seven Ford Crown Victoria interceptor vehicles in the amount of $232,750.00 in accordance with State Contract 10 -18 -0907. Damien Gilliams asked if there is any reason the vehicles don't have GPS and Mayor Hill said the Chief nodded in the affirmative that the vehicles do have GPS. Mr. Gilliams said the large engines make you want to chase and asked what the sense is when a policy to not chase should be considered. Result of Roll Call: Ayes: All Nays: None Passed 5 -0 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) Interview, Unless Waived, and Submit Nomination for One Unexpired Position Mr. Zomok introduced himself noting he was on the board prior to this, had close to 40 years of human resource management plan administrator experience, was the secretary of a board, introduced a new minutes form, and would look forward to serving on the board again. MOTION by Ms. Coy and SECOND by Mr. Wright to appoint Mr. Zomok to the Police Pension Board of Trustees. (No vote was required. Board appointments are done by nomination and then roll call. Since he was the only applicant and nominee, his appointment was confirmed) 9. PUBLIC HEARINGS 10.159 A. Second Reading, Public Hearing and Adoption of Ordinance No. 0 -10 -09 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) The City Attorney read Ordinance No. 0 -10 -09 by title and Mayor Hill opened the public hearing at 7:08 p.m. 4 Regular City Council Meeting January 12, 2011 Page Five The City Manager stated this is the second reading with the punctuation change recommended from the first reading. Public Input Damien Gilliams said at the last reading he asked that open hours be extended to compete with businesses to the north and for a reference prohibiting police vehicles from parking within 1,000 feet of an establishment. He asked Council to be open- minded to other suggestions, not change the ordinance for just one business. He said if customers stayed past 1:00 am bartenders could cut the drink down, talk customers into staying, but he didn't expect Council to get too creative. Mayor Hill stated if anyone has issues with police officers in the community, they can call the Chief of Police. Edna Gonzales, Las Palmas Restaurant, said she keeps hearing the ordinance is being changed for her restaurant, but she is not the first restaurant that has tried, that she brought it to Council to benefit her business, future businesses and the City. She said hoped she would quit being singled out for this change and appreciated everyone's effort in making these changes to bring Sebastian to the forefront of economic growth. Pastor Ron Thomas, Sebastian, requested the full text of his remarks be entered into the record. (see text attached). He also had written questions to distribute to Council and Mayor Hill clarified that those questions should have been delivered prior to the meeting for review. Mr. Thomas read his statement objecting to the ordinance as written and recommending it be amended to limit it to the CRA district. Mayor Hill noted his five minute time limit 7:20 pm expired. Mr. Wolff made a motion to extend his time and Mr. Gillmor seconded. Mayor Hill extended the time by two minutes. Mr. Thomas compared the suggestion that food sales of 51% is supposed to alleviate fear of alcohol with five families eating dinner with water and soda being the same as five couples only drinking alcohol. He asked that the exception to the 450 foot prohibition only be in the CRA district. Mayor Hill closed the public hearing at 7:23 p.m. MOTION by Mayor Hill and SECOND by Ms. Coy to adopt Ordinance No. 0- 10 -09. Mr. Wolff said had had heard from a member of the IRC School Board, stated we have a unique situation, whereby Sebastian Elementary is very close to available commercial land and with passage of this you could establish a restaurant that serves alcohol within a school drug free zone which is acknowledged by the community. He said if we change it to only allow it for businesses within 1500 feet of US1 where we anticipate restaurants want to operate; we've closed the loophole for Sebastian Elementary and didn't feel that would hurt economic development. He asked Council to make a small amendment which would protect both elementary schools, give deference to Las Palmas and cover both sides. Mr. Gillmor said he agreed, if the ordinance is passed in its present form we are saying it is okay to sell alcohol in a school zone and Mr. Gilliams is correct that this is only being considered for one business that is too close to a church; we are sending a message 5 Regular City Council Meeting January 12, 2011 Page Six that we want to be just like Vero or the County which we aren't. He said he would be comfortable with slight tweaking. MOTION to AMEND by Mr. Gillmor to add in paragraph (1) (B) the word "and" and then add a (C) are located in the CRA district He said that solves the problem, maintains the buffer, and gives restaurants in CRA the ability to operate, noting we have other special restrictions in the CRA district. Mr. Wolff noted the noise ordinance was excluded from the CRA district. Mayor Hill said he didn't know if it was okay to make laws in the CRA versus the CR512 corridor. Mr. Wolff asked if we would exclude any businesses on US 1 outside of the CRA district. The City Manager said yes on the south end of US 1 which is outside the district, and cited the three schools within City limits which this would not affect that because Pelican Island is surrounded by residential, the preschool is zoned single family with conditional use, but the Charter School on Wave Street does have commercial zoning adjacent. Mayor Hill asked about the point of CR512 where the twin pairs meet. The City Manager said the developable part is more than 450 feet away from the school going by the former City Attorney's opinion that the distance is measured from front door to front door. SECOND TO THE AMENDMENT by Mr. Wolff. Ms. Coy said there would probably never be another school in our district within our lifetime, Sebastian elementary school is open 180 days a year, children are there 6 1 /2 hours a day and are not allowed to leave the school, the City pays two security guards at the crosswalks, a City police officer is stationed in the school zone, there have not been any incidents to date, and she didn't understand the objection. She said the School Board chose not to take up this issue and Todd Rosenbaum with Mothers Against Drunk Driving thanked us for excluding the free standing bar. Ms. Coy said if she could grasp one legitimate argument other than the statements we are making regarding schools, she'd understand, but both churches involved the last time this was discussed have no issue with the ordinance now. She said there was no concern from the schools the last time. Mayor Hill asked for clarification that the property across the street from Sebastian elementary school is more than 450 feet away. The City Manager said the property is more than 450 feet away from the front door and would not have any affect by adoption of the ordinance as written. 7:43 pm Mr. Wright commended Ms. Coy for the work she put in, he felt a restaurant is different than a bar, police and security are protecting our children on 512, it is 20 mph in front of the schools, the traffic slows down, and that alcohol abuse will happen in a restaurant, in a home or anywhere, that trying to regulate personal responsibility is a slippery slope and he would not support the amendment. 6 Regular City Council Meeting January 12, 2011 Page Seven Mr. Gillmor said this is like someone just coming to us and saying, change the code, and we change it, and it is a bad message, urged them not to throw out the baby with the bath water and said he sees the difference in the CRA district. Mr. Wolff said Council members are servants of the community and tough things come to them, if they can help a restaurant like Las Palmas, he would like to, and at the same time if others take offense, he would like to think we could find common ground and cross that bridge when it comes. He said Mr. Gillmor's amendment could be considered middle ground with Reverend Thomas. Result of the Roll Call on the Amendment: Ayes: Gillmor, Wolff, Nays: Hill, Wright, Coy Failed 3 -2. Result of the Roll Call on the Motion: Ayes: Coy, Hill, Wright Nays: Gillmor, Wolff Passed 3 -2. 10. UNFINISHED BUSINESS none 11. PUBLIC INPUT 7:52 pm Damien Gilliams gave his e-mail address for those who would like to write, said he hoped the work done on Laconia Street is reviewed and the engineer is reprimanded, said the approved $75,000 for broadcasting equipment did not need to be spent since the school board has the equipment, that Arts and Music festival is raising money for directional signs in the district and should give back to the City; said it is time to get into the 21 century with the City phone system to record activity and make sure things are followed up on, that City e-mails need to be sent to Clerk's office on a more permanent basis, and done weekly, and there should be a policy in place. He said he had the chance to review the working waterfront project and is appalled at how the City Manager handled it because Kayaks, Etc. put in a proposal but a powerful political party received it; it is not fair to give a lease to someone special, it was done dirty under the table and it should be changed. He asked if there were special favors being done. Mayor Hill said he has received many calls and asked the City Manager to describe what is happening on the Laconia issue. The City Manager said he met with the contractor on Tuesday who provided a number of reasons why it is deficient but they did not take ownership. He said we will be taking core samples, material samples, APAC will put together a list on how to correct the deficiencies, we'll compare notes and something better than what was spec'd may be provided. He said they are managing it, are in a good contractual position to hold the contractor accountable and something better may be provided; and that he would keep Council informed. Mayor Hill confirmed the City is not happy, full payment hasn't been made, and there are bonds that will protect the City. The City Manager added the City is in a good contractual position to hold the contractor accountable. 7 Regular City Council Meeting January 12, 2011 Page Eight 8:11 pm Ms. Coy said she would like to hold their feet to the fire, and fix it now. The City Manager said the core sampling is important, and that an independent engineer will be coming out tomorrow. Mr. Wolff asked where was Neel Schaffer on this job, noting they lose face as Council members when the community has to come to us to say Laconia is falling apart. The City Manager said what he has told residents is staff is continually asked to do more with less; we let bids using multiple contractors which isn't standard but saves money, we did not hire a residential inspector on this because we believed we had a good contract, good specs and experience in asphalt improvement so we felt we could save money. He said Neel Schaffer has been with us, noting inspection services are a couple hundred dollars an hour and staff is doing the best it can. He said Council and the community have asked us to shave where we can, these are the things that can happen and the public needs to be more understanding —we aren't out of money yet, we are trying to fix the problem, and we are getting more streets paved. He said he will light the fire, has confidence that APAC will step up to the plate; wouldn't say fire Neel Schaffer; and cited three fixes for future projects: don't use separate contracts, use a residential inspector, and use different specs which may not be necessary for residential roads. Mr. Wolff said Barber Street and Route 60 leave a lot to be desired, probably our expectations are based on a product from the 60's, 70's, maybe 80's and we have lost the ability to pave good roads. The City Manager said Barber Street is going to be a Cadillac road; we would not have built it to that standard; he knows it's been painful but since August the contractor has really moved and the State has held the contractor accountable. He said people don't like to be inconvenienced but people lose perspective and think that government isn't doing it right; and all things considered it has come together well. Mr. Wright cautioned that we want to see Laconia remedied, that testing is critical, if there is problem we'll need evidence, urged they not rush and destroy the case to recover compensation; noting it has been a terrible inconvenience. The City Manager added the cure could be a product above specs and he apologized to the community. Barbara Salmon, Sebastian, said she travels Barber everyday and it is going to be great. She invited the public to come down to Riverview Park on January 22 23 to enjoy the Fine Art and Music Festival. Sal Neglia, Sebastian, said the Cuban restaurant is excellent but he was on Council when the ordinance was implemented and asked how we protect children from someone that has had too much to drink; citing that within two miles of the riverfront we have eight places that serve liquor and asked if we need another, Fisherman's Landing will be one more place. He asked Council to protect the children and adults. Regular City Council Meeting January 12, 2011 Page Nine Ben Hocker, Sebastian, said about two years we authorized the City Manager to purchase two gas saving devices to try on police cars and he asked where he could get the results of the test. Mayor Hill suggested he contact the City Manager. Mr. Hocker said he observed a Stuart landscaping company trimming swales along Indian River Drive and found out the City subbed the contract out to non residents, asking why we are furloughing employees and not rehiring people that leave to cut swales. He also asked how to obtain a permit to start a valet parking company such as the one contracted at Mulligan's Beach House Bar Grill which parked his car on the riverfront in the Cavcorp boat trailer area for two hours. Mayor Hill suggested he have a meeting with the City Manager. Mr. Hocker noted things are happening at the waterfront, noted the old Main Street improvement was still on the website and asked where he could find future projects on the site. Mayor Hill said he would talk to staff to see why the site is not updated and get an answer for him. Mayor Hill also noted there is a "buy local" policy on the books but the City has to be good stewards with tax dollars. Janet Schaffer, Sebastian, said she lived here for four years and every night they spend time at the Yacht Club but the parking has become horrendous since Mulligan's moved in, and asked if something could be done. Mayor Hill said he will meet with the City Manager to see how things have been to date and how many complaints he has received and noted there is a parking study underway and we will be improving the parking situation. Mr. Wolff added that he would like the City Manager to look into trucks parking in rights of -way along Capt. Hiram's. Ron Thomas pointed out new information (in regard to item 9A) that organizations such as the School Board and M.A.D.D. have policies whereby they will not comment on legislative actions. Ms. Coy called for a point of order calling for new business. Mayor Hill asked Mr. Thomas to speak briefly. Mr. Thomas said he received the information on the 700 feet from the City Manager's office but was told the Growth Management Department determines churches door to door and schools from door to property line so that puts the commercial property within the 450 feet which was a false premise in their earlier discussion. Mayor Hill recessed the meeting at 8:25 p.m. and reconvened the meeting at 8:37 p.m. All members were present. 12. NEW BUSINESS 11.010 A. First Reading of Ordinance No. 0 -11 -01 Repealing Code Chapter 22 Aviation 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. Regular City Council Meeting January 12, 2011 Page Ten The City Attorney read the title of Ordinance No. 0- 11 -01. The Airport Director explained staff discovered a redundancy in the ordinances with the help of the City Clerk that the Council has approved the Airport Principal Guiding Documents in 2007, and recommended adopting this ordinance to remove the chapter from the Code. MOTION by Mr. Gillmor and SECOND by Mr. Wright to move staffs recommendation to adopt Ordinance No. 0 -11 -01 on first reading and set the public hearing for FebruaryS Result of Roll Call: Ayes: All Nays: None Passed 5 -0 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; ...1111/./ a 11.11 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. This item was removed under agenda modifications. 11.012 C. Working Waterfront Committee Consider Permanent Committee (City Manager Transmittal, R- 09 -42) The City Manager explained this was agendized at Council's request and staff would accept direction. The City Attorney pointed out the resolutions in the backup are the current regulations for the waterfront committee. Mr. Wright said if they look at the committees involved in the working waterfront area, the Working Waterfront, the CRA, and FSL committees, they should look at options available which might be combining all of the committees into one, combine two and leave one, or have all three committees. He said the Working Waterfront would be more of a waterfront committee as we have City docks, there might be a mooring field grant, barriers in the water could be constructed to protect the shoreline, there is the Archie Smith fish house, an abandoned concrete pad near Squid Lips, so when he thinks about what the charge would be for the committees, he would like to get input from the committees and try to get some idea on how they want to move forward in the future. Ms. Coy agreed, the committees should discuss this as a group and make a proposal of what they would want to see. Mayor Hill agreed and said he was concerned about relieving the financial duties of Council as the CRA and discussed possibly an advisory board that would be in the best interest of the community. MOTION by Mr. Wright and SECOND by Ms. Coy to put the three committees on the agenda for discussion and analysis on how they want to move forward. 10 Regular City Council Meeting January 12, 2011 Page Eleven Mr. Gillmor said it is great when they have people willing to spend time, but he questioned one size fits all, didn't know if the same people involved in the waterfront would want to work on FSL grants. He asked the City Attorney if they could have a committee without having a committee that is bound by the sunshine. The City Attorney advised that he didn't think that would be practical but he would think about it. Mr. Wolff said the Working Waterfront status as a temporary committee begs for review, if you amalgamate committees, you might lose people, so let's talk about it but he wouldn't say anything is broke, but they could talk about what makes sense and suits the volunteers we get. Mr. Wright suggested inviting those committee members to attend the discussion as the Working Waterfront members feel the job they were tasked with is over. The City Clerk recommended they consider the current Natural Resources Board and Parks Recreation Committee that may have overlapping duties. Mr. Gillmor said there are committee members present who might want to provide input. Mayor Hill advised that to do it correctly, Council as body should ask the committee for input as a whole. Public Input Damien Gilliams said it is good to have committees but if they aren't receiving direction and getting results, what is the sense of having any committee, they should see what the waterfront businesses need and put together a report for Council. He said staff hasn't been looking into SBA money to match up with CRA to get anything done except when a special interest needs to raid the CRA for a special purpose. The motion to put the three committees on the agenda, discuss and analysis of how Council wants to move forward passed with a voice vote of 5 -0. 11.013 D. Resolution No. R -11 -02 Unfunded Mandates (City Manager Transmittal, R- 11 -02, 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. The City Manager said the Mayor spoke at the December delegation meeting asking the legislature to stop unfunded mandates or repeal the ones that affect us and Senator Haridopolos and Representative Mayfield asked for a list, so he put together a list for Council to review that expresses clear purpose, tackles some problems, and includeds some unfunded mandates the legislature might want to look at. Mayor Hill said he liked the way the resolution is written, and last week he did meet with Senate President Haridopolos to discuss his concerns with unfunded mandates. MOTION by Ms. Coy and SECOND by Mr. Gillmor to adopt Resolution R- 11 -02. Mr. Wolff asked what the definition of an unfunded mandate is. The City Manager responded an unfunded mandate would be a directive that's promulgated to a local jurisdiction without funding for its execution. 11 Regular City Council Meeting January 12, 2011 Page Twelve The City Attorney interjected that the City Manager was correct and cited circle page 99, reading "an unfunded mandate requires a municipality to spend funds or take a certain action without providing state revenues to fund the requirement He noted that any mandate is also an assault on home rule even if it is funded, an unfunded mandate is a double whammy because you limit home rule and do it using municipal funds. Mr. Wolff asked how the first one is an unfunded mandate when you simply have limitation on how to use that money, and it doesn't cost you anything to use the money. The City Manager said it ultimately makes you shift the blocks -makes you more reliable on ad valorem taxes. Mr. Wolff said he wasn't buying that one. 9:04 pm Mr. Wolff cited the second mandate, "Limits and regulates municipal elected officials' ability to regulate millage rates," and asked if the fact that we have to pay for advertisement to tell taxpayers what our intentions are —isn't that money well spent and what we want to do. The City Manager said State statutes regulates how the levy is to be done, also how to raise the taxes and how high they can be which might be considered a good thing. He said the State is telling you they want you to have police officers, pay them in a certain fashion, have land development regulations, and when you go back to the millage rate- you have to have rolled back and they are capping the things we have to do which is an unfunded mandate. Mr. Wolff disagreed stating it isn't something you have to do that will now cost you money, it is the procedure, and if it is removed, every municipality could do whatever they want. He said the rest of the list is clear and he asked if the other Council Members considered the first two mandates fit into the parameter of costing a municipality a great deal of money and a burden to the way we run government. Mr. Wright said the discretionary sales tax has limitations; it can't go into the general fund, if the tax is spent for things that may not be the best way to move ahead, but if it was in the general fund it could be postponed or used on something else. For the second mandate, he said at the FLC conference they spent three hours analyzing implications of the millage rate, supermajority, going up and going down; he thought we would notify public anyway but the rules are overwhelming and he asked if they should be regulated by State or local decision. He said they should be local decisions. Mayor Hill said he understood Mr. Wolff's concern if it should be on the list and suggested verbiage in the paragraph preceding that describes we have these mandates and onerous State regulations. 9:12 pm The City Manager said the first two are broad, but they restrict the way we provide those services, and inhibits ability to generate revenue to pay for services. Public Input Damien Gilliams, said every time we go to the delegation meeting we are not prepared, suggested the Clerk start a wish list six months out, noting if we did homework in advance we could get some extra money, grants, special projects and things we need help with. Mayor Hill said the topic is the delegation's request for a list of unfunded mandates. 12 Regular City Council Meeting January 12, 2011 Page Thirteen Mr. Gilliams said if we were prepared we could go with the other communities and as a group we could be more effective. Ms. Coy asked for a point of order. Mr. Gilliams said if we had our ducks in a row, maybe Senator Haridopolos could have put it in a bill. Mayor Hill said is an important time for us as the Senate President is in our delegation; he went to the inauguration and heard the Governor's speech on regulation and job creation was a very exciting event. Result of Roll Call Ayes: All Nays: None Passed 5 -0 13. CITY ATTORNEY MATTERS none. 14. CITY MANAGER MATTERS The City Manager reported: exotic species along Roseland Road will be removed next week in accordance with a SJRWMD consent order; the CR512 project is closer to being done, once we receive a county permit it can go out to bid; we will need a county permit before we go to bid on the US1 project; and we did receive a draft of the parking survey, staff is making a few corrections before we bring it to Council. Mr. Wolff said someone called about a mooring study. The City Manager said the study goes back to a grant notice we received from Fish and Wildlife to do a study for the mooring field with the first thing being an engineering report to determine how we will take care of the grasses; the letter said the State approved it and it was being sent to the feds for approval but a study has not been commissioned and the project is still outstanding. 15. CITY CLERK MATTERS none. 16. CITY COUNCIL MATTERS A. Council Member Gillmor none B. Council Member Wolff none C. Mayor Hill none D. Vice Mayor Wright Mr. Wright said we were sent five year information from SJRWMD that has comments that our water supply is in an acute stage and he sent a response to the individual that he thought SJRWMD focus should be on expanding future water supply and he asked where they were going to have water to meet future population needs in our area. He said he is concerned that we fund the District, the Board is appointed, and their focus seems to be putting more emphasis on water restrictions with residents who can't vote on the appointments. He said we need to look at some of their plans and if necessary provide them with feedback to seek additional water not just conservation efforts. 13 Regular City Council Meeting January 12, 2011 Page Fourteen Mr. Wolff asked if it was reasonable to expect SJRWMD to construct dams in Indian River County. Mr. Wright said there might be an area in Fellsmere but he didn't even know who is looking at this issue. Ms. Coy said most of their focus is to get it back into the aquifer. Mr. Wright agreed but it isn't working. Mayor Hill said he knows Commissioner Bob Solari has some of the same concerns and he might want to talk to him. E. Council Member Coy Ms. Coy corrected the individual that proffered that the Sebastian River Fine Arts and Music Festival should donate $25,000 should be aware that the festival does not make that kind of money and the vendors are individual vendors. She said four of them were accused of being in cahoots with the City Manager and making pacts and unfortunately she can't fight back but there are no cahoots, she resents the allegation and for the general public she does not know of any individual in cahoots with the Working Waterfront Committee otherwise she would be prosecuting. She thanked Council for approving the alcohol regulation, clarifying this was bought to her attention because of other individuals interested in the Villages as business owners and by no means was this taken for one individual or person. She wished everyone a happy new year. 17. Being no further business, Mayor Hill adjourned the Regular Meeting at 9:34 p.m. 14 Subject: Continuance of Fuel Contract Ap rov or Submittal by: I J i Agenda No. 1 Ol Department Origin• ublic Works Department Hea b Finance Director Attorney: 41 r1 fi� r City Attorney 1 A i 'n City Clerk: W r_a 4 A Date Submitted: January 5, 2011 For Agenda of: January 26, 2011 Exhibits: Copies of complete Bid and Superintendents Notes EXPENDITURE REQUIRED: 0 AMOUNT BUDGETED: $215,500. APPROPRIATION REQUIRED: 0 FUNDING SOURCE: N/A UN OF HOME OF PELICAN ISLAND CITY OF SEBASTIAN AGENDA TRANSMITTAL SUMMARY The City Garage has been purchasing fuel on a piggy back contract from The School District of St. Lucie County since 2006. We recently became aware that the vendor on that contract has changed from Port Petroleum to Glover Oil Co. The contract currently runs through July 21, 2011. We are therefore asking to continue our current piggy back status thru the school district for the next six months changing the contractor to Glover Oil Co. The price comparison sheets are included in the attached documentation. We estimate that the fuel costs for the next six months will be $156,829, which includes $126,317 in Gas and $30,512 in diesel fuel costs. As you are aware, gas prices have increased considerably, and we are trying to reduce them as much as possible. RECOMMENDED ACTION Move to award continuation of the piggy back pricing from St. Lucie County School Board under the Glover Oil Company existing prices. Deisel Unleaded Gallons Purchased Amount Billed Gallons Purchased Amount Billed Gallons Monthly Totals Invoice Monthly Units Monthly Invoice Monthly Purchased Costs Totals Purchased Totals Costs Totals 12/03/09 339 895.33 12/11/09 413 1,002.88 12/17/09 410 1,016.76 12/24/09 December 2009 7 93 6 20,039 59 1,162 2,914.97 7,936 20,039.59 01/05/10 484 1,306.50 01/14/10 495 1.296.11 01/21/10 615 1,562.60 01/28/10 596 1,472.30 01/31/10 January 2010 2,190 5,637.51 02/04/10 347 888.25 02/08/10 02/11/10 495 7,975 19,556.70 1,239.98 02/18/10 419 1,073.94 02/25/10 410 1,075.51 February 2010 1,671 03/04/10 319 851.12 03/11/10 425 1,138.24 03/19/10 299 806.49 03/25/10 368 978.78 03/23/10 March 2010 1 411 7.970 21,498.67 3,774.63 04/01/10 448 1,238.01 04/08/10 335 940.99 04/15/10 490 1,382.93 04/22/10 252 710.33 04/29/10 497 1,412.27 April 2010 2,022 5,684.53 05/04/10 05/06/10 360 1,003.64 05/13/10 313 867.58 05/20/10 415 1,057.38 05/27/10 280 707.17 Aay 2010 1,368 06/03/10 297 774.31 06/11/10 441 1.145.50 06/14/10 06/17/10 245 656.24 06/24/10 277 732.11 une 2010 City of Sebastian Fuel Purchases 12 Months Ending November 2010 Prepared by Administrative Services Department 12/29/10 07/01/10 150 387.78 07/09/10 295 768.78 07/23/10 399 1,059.26 07/26/10 07/29/10 ily 2010 746.01 4,277.68 3,635.77 1,260 3,308.16 1,130 2,961.83 D a..o 1 ,c 7,975 19,556.70 7,970 21,498.67 6,914 21,363.91 6,914 21,363.91 7,859 22,026.02 7,859 22,026.02 7,840 22,581.94 7,840 22,581.94 Totals for Year City of Sebastian Fuel Purchases 12 Months Ending November 2010 Prepared by Administrative Services Department 12/29/10 Deisel Deisel Gallons Purchased Amount Billed Gallons Purchased Amount Billed Gallons Monthly Invoice Monthly Units Monthly Invoice Monthly Purchased Totals Costs Totals Purchased Totals Costs Totals 08/05/10 219 610.53 08/12/10 286 762.31 08/19/10 300 790.59 08/26/10 447 1,152.09 August 2010 1,252 3,315.52 09/02/10 175 458.42 09/08/10 7,874 09/09/10 235 20,316.09 623.41 09/16/10 300 809.73 09/23/10 371 990.61 09/30/10 300 826.59 September 2010 1,381 3,708.76 10/07/10 302 859.91 10/14/10 413 1,166.60 10/21/10 317 888.29 10/22/10 7,885 20,675.66 10/28/10 321 891.77 October 2010 1,353 3,806.57 11/04/10 237 677.89 11/18/10 293 821.75 11/24/10 November 2010 1,499.64 530 1Ior►S 44,526 1 3 9 4 CP eLT 3 7,874 20,316.09 7,885 20,675.66 7,926 20,850.54 7,926 20,850.54 188,909 5 g 2 1 h.% e. l p Lk rJ4 s e. C.1 +4 Cis 08;se i ail o 1 D i s t✓i f- op Et. Lcc 1 as...t. r,-+- C o rct ITC- --0. 39 1 I t 6 b i tse.1 I Gasot8 01t He..A. q ✓4 cl en c_ l 3e.Yt C..r4:t0 F c..t Co v+ru c *Ire L 7/D- t 1 ti-'c of Qwa ✓el -ci.^ alouer 1 Co. 3(09 s, rflQ S+. tmelb, Fl 3 ).9101 Pbohe, 32-7Z3-3'53 T ;t -Gee V -goo 3 2 FArx 3a 72 ?--Z309 C btd- 1 m h I �Prer,do,fi x MelvI+k (6 (t. 2 1 -tom, Si 15 ag 12( 3 0 s D 5(0 Z29 :o rQ 1 A Cv r,±v- Q t_�' -1- Q c I 1241 (0_;-k Coc4rtc.3 ce.sr ma) 5 it+ al 5 Pg-i MO (Q+ked 4.8 Str ref* 11) X 6 nricor1- CRb Maw A i 3 5 i pS'Z___T4r, 3 5 DE F s 4‘s x 3 c) tr c o x20% gist 5 /e wit r o5 C.vs C. '4S C. Zw 3045 1394 3 4k p_t_c rnQvitk A rylontks (04 &3,0 4-:r 5c1I cot as crP 1 131 1 1 Gs+ ih:c...reca-ciebi.teri 45C 25 L-1`2-7 X 2% I S OF-5 2 -5 1 4 2-7 5 0 g5 5 1 2- 'Tot% cos bias:6 3045 DEC -20 -2010 02:12P FROM: GLOVER OIL 4-.AV Wdo 1 \aa,`, tiL14.0=M VL\. d The School District of St, Lucite County s Purchasing Dqu ntnent tri! 329 N.W. C'ow tree Pal* Drive Pint St. Lusic. n. 34 4 )86 Pal st d°t voice (n21334 -6910 VOX (772.).13&498.5 Vendor: Tim UaW V Govt CM Co. 3109 Main St mat MabQUn&, FL 32901 Date Tide a:ago ArbriltrEg 1:01-09 2, 66f2aLTe£ro1 2,t d 6O 2L Lt2 3217272309 TO:17725896900 P.1 satod t.0 t z1531-1194 aged CMCVINItifirgelrIlliflWOIV =a1 o►yt OttalZKA RENEWAL. AGRE _yMENY 5UP@XS4 f RCENT Matsui' berm 1NFcclno.AII#4W trio rani w8f anent *3r lib Oe-39, Diesd, Gasoline, Heating and Etrilnenri Generator Fuet, snap be ammo trough July 21,2011, uvular the same tenm vondkivr'o end plidng no /gr uoon h ihti anginal Mv4t eon to Old ogr..mont, Wa96 Roars, Dinactoruf PurdtaMtng The sOhoo+ oidtrnctOf St. WOO CuwsY 32g PAN *amerce Auk Carve Pon St. t.rrdee FL 3d900 A.coptsd thy= kt) -0-o t o S'igA.d H*rri. 'tare S9689�',i.L naud f end Mrs .14 er:s/ Byea-roaqm c 99F 9k0S11.0k 1d eSTIS:W 90:80 0T02- 50-bdti S9699££ZLL 9NIStiHND2ifld 65"J,5:W 40:VT 0102- U-?30d SUBJECT (OR :TITLE): BRIEF DISCUSSION (OR^rSUM only our 40oo1 d Luce County in ax 000 "'peiat purctiasirig AUTHORITY FOR'ACTION: Florida Statutes FINANCIAL L i AET _Yes info If 'yes', list financial impact of Board's approval. Conservative estimates below are based on a 50%, increase from spending On fuel for fiscal year 07-08 If •yes', is item currently budgeted? _x __Yes ____No If 'yes', list cost strip RECOMMENDATION: Six (6) bids an recomme to, Glover If `no', explain p Proposed by: Approved by: Approved for Agenda: Approved as to Form: Attachments: Bid Tab Arad* (Adams 51 13 SCHOOL BOARD MEETING:OF July 22 2008 ITB 0 39 Diesel GasOline,' and Emergency and Generator Fuel 0100::7800 O5OI T56 Gasoline 0100' 7800d40b 0561'1'66 D iesel DeparTnen Vision Head Michael L Superintendent Dan Harrell. Attorney $4.766.132 DIESEL (P year) $280, 908 GASO year) 0O 000. BIO I 1 SEL (per year) $5,947;040 Total 0$ t0 this request It is ad award the contract l er for all items. cis Cetzlity Pblto Soo Page 1�t4t Pages. DATE:' 5/21/08 The Sdh• Di of St. Lucie 'County Purchasing School District 329 N.W. Commerce Park Drive Port St. LuciefL 34 Voice (772)336-6980 Fax (772)33676985 BIDS W1LL k0egt4=0;Y.. 01eYhOt. u1e1eth2O81:OQpmand ays after such date ard time. FEDERAL EMPLOYER IDENTIFICATION. NU.MBEROR.S...: N(JMBER g, VENDOR NAME 674ovez 4 C, nrs'f6Shi X VENDOR MAILING' ADDRESS crrY-STATE7P inaiojr. FL AREA CODE. I TELEPHONEMMEEM' TOI-L-FREENVNIPgft f' FAX NUMEER!' INTERNET'EMAILgpRe '§::4 i;64,5•L4,ii:::6611,...c:O:e", I certify that -this bid is made without poor tapde'rstanclragiagreement,' or connection with any corpOratiOri firth, or Parson Sabliiittipg- a hid lOr the same coinrnodities/ services, and is in all respeCts fair and ii collusion or fraud. I agree to abide by all conditions of this bid and Certify that I am authorized 16 sign this bid for the proposer and ,that the proposer is in compliancie:witkiel requirements of the Request for aipt including but not limited to certification raclairPm0 ittsu404tiP9 a tiki ,..p:loksoriPnm te to le ye and agrees:the tif thebrdis-eocaptect thapp4pOser will y;aelt or transfer to the School Diatriet di-St.:Laois. CciantiatlifightS; and interest in andto all causes oraCtidn itrnaynOw or herejefteredguire under the Anti-trust of the United Stales and the State Of''Aldrkti for price fixing relating 'to the particular ?cornmodities or services papthased or acquired by Schorr/ District 01 St Le* County. At. Di§Oct's discretion; suCheSsigninent shell be made' and become effeCtitie at the time the School District lenders final payment tO thapropciser Invitation to Bid (ITB) REQUIRED RESPONSE FORM POSTING OF BID TABULATIONS Bid tabulations with recommended awards will be posted for review by interestedpartiesat the location where •bids were opened and will remain posted for a period of 72 hours (exciuding.weekends and holidays). Failure to file a protest within the time prescribed in SeotiOn 120.57(3), Florida Statutes, shall constitute a waiver et proceediegs under Chapter 120, Merida Statutes. Proceedings subject to Section. 120.57(3)(c), Florida Statutes are suNed to Florida Adrninfstrative Code eCt4.008(2)(f). ZED SIGNATURE (MANUAL) neyt obiRsHiiLL. AUTHORIZED SIGNATURE (TYPED) TITLE Public Domain I acknowledge that all information contained herein is part of the public domain as defined in the Public Records Act, Chapter 119, F.S. Bid Certification 1 hereby certify that arn submitting the fpllowing Information as my company's bid and understandthatbyvIrtue of executing and returning:with:this bidthis fIECOIREtiii•ESPOitSEfORM, !further certify fUll coiripletpMefuneo.nFlitional iiCceptance of the contents Inclusive ofthls Reques tfurBId Mdaii aPji‘iiikes and the contents of any Addencluntreleased INVITATION TO 131D This BID, General Conditions, Instructions o Bidders, Special Conditions, Specifications, Addenda, and/or any other pertinent documents form a part of this bid and by reference are made a part thereof. PURPOSE: It is the purpose and intent of this BID to secure bids for item(s) and/or services as listed herein for the School District of St. Lucie County, Florida, hereinafter referred to as the District. SEALED BIDS: Sealed bids will, be received in the Purchasing School District until the date and time as indicated above. Bids will be opened publicly in the Purchasing School District and all bidders and general public are invited to attend.' All ids shalt be submitted in sealed, envelopes, mailed or doliveroci,to trio%$ottoot St Lucie County Purdhasina DiShict, 29'44.W4GOrnrirercs Park Ddye, Port St. Lucie FL 34986. Outside of envelope Shalt platrily by BID NUMBER, ,TITLE and TIME and 1 the label provided. It is the sole responsibility of the bidder CO ensbre theirbid-reaches the Purchasing School Dittnct ofl 0113610 thci closing date and hour as shown above. BOARD'S ACCEPTANCE: Unless otherwise specified herein, the bidder will allow a minimum of ninety (90) days from the last date for receiving of bids for acceptance of its bid by the Board. AWARDS: In the best interest of the District, the School Board reserves the right to reject any and all bids and to waive any irregularity or minor technicalities in bids received; to accept any item or group of items unless qualified by bidder; to acquire additional quantifies at prices quoted on this invitation unless additional quantities are not acceptable, in which case the bid sheets must be noted 'SID IS FOR SPECIFIED QUANTITY ONLY". All awards made as a result of thisbid shall conform to applicable Merida Statutes. School District of St. Lucie County Diesel, Gasoline, Heating and Emergency Generator Fuel Vendor Name I" 0 1 CIO t TB -08 -39 Item No. 1. 2. 3. 4. 5. 6. 7. 8, 9, 10. 11. 12. 13. 14. 15. 16 17 18. Commodity Description Premium Unleaded. 92.0 500 Gallon Minimum Delivery Premium Unleaded 92.0 Transport Delivery Premium Unleaded 92.0 Tankwagon "Delivery No. Minimum Premium Unleaded 89.0 500 Galion Minfmum Delivery Prernibin,Vnleaded 89.0 Transport Delivery Premium Unleaded' 89.0 Tankwagon Delivery No Minimum Premium Unleaded 87.0 500 Gallon MWmum;Dellvery Premium Unleaded 87.0 Transport Delivery Prernium Unleaded 87.0. Tankwagon Delivery No Minimum Diesel #2. Ultra "Low Sulfur No Minimum Delivery Diesel #2. Ultra Low Sulfur Transport Delivery Diesel #2, Ultra Low Sulfur 500 Gallon Minimum Delivery Diesel #2, Ultra Low Sulfur Red Dye No Minimum Delivery Diesel #2, Ultra Low. Sulfur Red' Dye Transport Delivery Diesel #2, Ultra Low Sulfur -'Red Dye 500 Gallon Minimum Delivery Biodiesel 820 500 Gallon Minimum Delivery Biodiesel B20 Transport Delivery Biodiesel B20 Tankwagon Delivery Biodiesel B5 500 Gallon Minimum Delivery Biodiesel B5 Transport Delivery Biodiesel B5 Tankwagon Delivery Re'livery,. Days`ARO Specify Brand Specify Refinery Ul�it,Pr ce Quotes **;Specify Either +)'Ma +)si or()$ 3 r!Ib 5 41 or (+1$ M or( x (14.5° or +)$r 7.. or( Q 50 or 1 a or or Oa or or O 15 Z School District, of St. Lucie County Diesel, Gasoline Heating and Emergency Generator Fuel Vendor Name I TB 08 -39 Item No. 1. 2. 3. 4 5. 6. 7. 8. 9. 1 0. 1 1. 12. 13. 14. 15. 16 17 18. Comrnodity Descripti Premium Unleaded 92.0 500 Gallon. Minimum Delivery Premium Unleaded 92.0 Transport Delivery Premium Unleaded 92.0 Tankwagon DeUvery- No Minimum Premium Unleaded'89.0 500 GallonMfiimum Delivery Premium Unleaded 80.0 Transpot Delivery Premium; Uniaaded.89 0. Tankwagon DeUvery No Mrr imum' Premium Unleaded 87,0 500 Gallon Minimum Delivery Premium Unieaded`870 Transport Delivery Premium.Unleaded87.0 Tankvuagor` Delivery. No Minimum Diesel #2, Ultra Low 5uifur No Minimum delivery:'. •Diesel. #2; UltraLow!Sulfur Transport Delivery Diesel #2. Ultra Lou: Sulfur 500 Gallon Minimum: Delivery Diesel #2, Ultra Low Sulfur Red Dye No Minimum Delivery, Diesel #2, Ultra Low Sulfur Red Dye Transport Delivery Diesel, #2 Ultra Low Sulfur- Red Dye:; 500 Gallon Minimum `Delivery Biodiesel B20 500 Gallon Minimum Delivery Biodiesel B20 Transport Delivery Biodiesel 620 Tankwagon Delivery Biodiesel 'B5 500 Galion Minimum Delivery Biodiesel B5 Transport Delivery Biodiesel B5 Tankwagon Delivery Specify Brand.. Specify Reffnery Unit Brice Quotes Specify Either +,).Markup or, Discoulnt or (-Y$ 1 l or or or 4I or(•) 3 or C Icy or.( .9t5" or( I k e or(-) I iIi or -7 School District of St. Lucie County Diesel Gasoline, Heating and Emergency Generator Fuel Vendor Name POrk Item No. 1. Specify Brand 2. 4. 5. B. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16 17 18. Commodity Description Premium Unleaded 92.0 500 Gallon Minimum Delivery Premium Unleaded 92.0 Transport Delivery Premium Unleaded 92.0 Tankwagon. Delivery No Minimum Premium llnte.0ed89.0 5015 Gallon.. Delivery Premium Unleaded 89.0 Transport Delivery Premium Unleaded 89:0' Tankwagon Delivery No Minimum Premium Unleaded 87.0 500 Gallon r4inimum''Delivery Premlum,Unleaded 87.0 Transport Delivery Premium Unleaded -87.0 Tankwagon Delivery`. No Minimum. Diesel #2, Ultra LoW Sulfur No Minimum' Delivery Diesel #2, Ultra Loin Sulfur Transport Delivery' Diesel #2, Ultra Low Sulfur 500 Gallon Minimum Delivery Diesel #2, Ultra LOw Sulfur Red Dye No Minimum Delivery Diesel #2, Ultra Low Sulfur Red Dye Transport Delivery Diesel #2, Ultra Low Sulfur Red Dye 500 Gallon' Minimum Delivery Biodiesel B20 500 Gallon Minimum Delivery Biodiesel B20 Transport Delivery Biodiesel B20 Tankwagon Delivery Biodiesel B5 500 Gallon Minimum Delivery Biodiesel B5 Transport Delivery Biodiesel B5 Tankwagon Delivery Delivery Days'ARO Specify Refinery Unit Price ,Quotes Specify Either (47)Markup or Discount (.9$ a..G) GT t or $4..5 or.( 0 t or 5 or 1 i or or 991 I 3'911 L l ty -1 L-) IT8 08 -39 School District of St. Lucie County Diesel, Gasoline, Heating and Emergency Generator Fuel Vendor Name f I f ITB 08 -39 Item No. Commodity Description Delivery bays ARO Specify Brand *Ifys effriery Unit Price Quotes'" Specify Either 4-) Markup or (-)Discount 1. Premium Unieaded92.0 500 Gailorr.Minimum5 Delivery 2. Premium' Unleaded 92.0 Transport Delivery 3. Premium Unleaded 9Z0 Tankwagon Delivery No Minimum ;t or 4. Premium Unleaded 89.0 500 Galion MinimumDelivery t 5. Premium Unleaded "89.0 Transport Delivery. 9. Premium Unleaded 87.0 Tankwagon Delivery No Minimum Ll2,t orO$ Premium lnleaded 89A Tankwagon Deliveryy- No Minimum t or 10. Diesel #2, Ultra Low °Sulfur No Minimum Delivery 7. Premiurrr Unleaded-87.0 500 Gallon Minimum Delivery $,,L or 8. Premium Unleaded; 87.0 Transport Delivery Q 11. Diesel #2. Ultra Low; Sulfur Transport Delivery or O 12. Diesel #2, Ultra Lowr.SuIfur 500 Gallon Mmimum'-Delivery ::111 or 13. Diesel #2. Ultra Low Sulfur Rd Dye No Minimum Delivery L(53 14. Diesel #2, Ultra Low Sulfur "Red Dye Transport Delivery 0 Biodiesel B20 17 Transport 'Delivery O -1 t_ 15. Diesel #2;; Ultra Low Sulfur Red Dye 500 Gallon Minimthn Delivery I 1 X 1 5 or(-) 16 Biodiesel B20 500 Gallon Minimurn: `Delivery sr I 153 Or Biodiesel B20 18. Tankwagon Delivery f:11\480r(-)$ Biodiesel B5 500 Gallon Minimum Delivery sk or Biodiesel B5 Transport Delivery Biodiesel B5 Tankwagon Delivery i I <or School District of St Lucie County Diesel, Gasoline, Heating and Emergency Generator Fuel Vendor Name C Li j Item Commodity Descri No. 7. Premium Unieatled'87.0 500 Gallon Minimum Delivery 8. 9. 10. 11. 12. 13. Biodiesel B20' 17 Transport Delivery Biodiesel B20 1 Tankwagon Delivery Biodiesel B5 500 Gallon Minimum Delivery Biodiesel B5 Transport Delivery Biodiesel B5 .-f Tankwagon Delivery 1 Premium`Uhieaded 92.0 500 GaOon'Mintmurr Delivery 2 Preirilum`Unleeded 920 Transport Delivery 3 Premium LJnfeaded 92.0 Tankwegorr.Pejivery`- No Minimum 4. Premium Unleaded'89.0 500 Gallon :Minimum Delivery 5. Premium. Utareaded.89.o' Transport Delivery 6. Premium Unleaded 89.0 Tankwagon 'Delivery.- No Minimum Premium Unleaded87.0 Transport Delively •Premium llnleadeEi. 8:7:0 Tankwagair Delivery'= No Minimum Diesel #2. Ultra Low Sulfur Nd Minimum Dddia y Diesel #2; Ultra Low Sulfur Transport"Delivery Diesel #2, Ultra Low. Sulfur 500 Gallon MinimurirDelivery Diesel #2, Ultra Low Sulfur Red Dye No Minimum Delivery 14. Diesel #2, Ultra Low Sulfur— Red Dye Transport Delivery 15. Diesel #2 Ultra LOW Sulfiu ='Red Dye 500, Galion Minket:mDelivery 16 Biodiesel B20 500 Gallon Minimum Delivery jelikerZ ays; ARO P r 1t ce Quotes "."Specify Either up Discount r $.n. or(-)$ (+)$.1L-10-4 or or ITB.08 -39 Item No. Commodity Description Dgitvery Days ARO• Specify Brand Specify Refinery UnitPrice Quotes Specify Either +Pillarkup or ),'.Di 1. Premium Unleaded 92.0 500 Gallon Minimum Delivery j l i t or 2 Premium Unleaded 92.0 Transport Delivery ,L-t31Z 3. Premium Unleaded 92.0 Tankwagon Delivery No Minimum CM or 4. Premium Unleaded 89.0 500 Gallon Minimum Delivery IN 2- or (-)S 5. Premium Unleaded 89.0 Transport Delivery Or( 6. Premium Unleaded 89.0 Tankwagon Delivery No Minimum i or 7, Premium Unleaded 87.0 500 Gallon. Minimum Delivery 1 N or 8. Premium Unleaded 87.0 Transport Delivery �i r 4r.:( 9. Premium Unleaded 87.0 Tankwagon Delivery- No Minimum Q v 2- or 10. Diesel #2. (Ara Low Sulfur No Iktinimum Delivery 1 lSf 11. Diesel #2, Ultra Low Sulfur Transport Delivery 43 12. Diesel #2, Ultra Low Sulfur 500 Gallon Minimum Delivery 7 ‘i 13. Diesel #2, Ultra Low Sulfur Red Dye No Minimum Delivery 19.or(-)$ 14. Diesel #2. Ultra Low Sulfur Red Dye Transport Delivery t 0r(-) 15. Diesel #2. Ultra Low Sulfur Red Dye 500 Gallon Minimum Delivery q J 1s(...2 for 16 Biodiesel 820 500 Gallon Minimum Delivery 1, _±1.1-1 or 17 Biodiesel B20 Transport Delivery 31',..1 or 18. Biodtesei:1320 Tankwagon Delivery S3 21 1 or el i Biodiesel 85 500 Galion Min Del very L t i 2.gr Biodiesel B5 Transport Delivery w• Biodiesel B5 Tankwagon Delivery C� 1.31 School District of St. Lucie County Diesel, Gasoline, Heating acid Emergency Generator Fuel Vendor Name SST Pekin tekiin ITB 08 -39 u_ 1. 0 c 0 0 E w co E co 0. c 0 23 0 03 e4 c 1 O c I= co o c:■ O 0 co 0 c rt o 0 0 6 i; 0 w 0 5: 0, 0 0 r.,, -v c., a; 0, c u..1 .43 O. 0.. 0 0 1111 c 1- u) 0 E c 0 —1 CF. u- re c4 in X c■I O. 0 Z x 0 W 0. i) W 13) C2 a w W LU 0 CC 0 w p 0 W w x w z 0 ce z a 0 a 0 -J 111 a. 0" U) u_ 0 LL L. CO 0 L. r 0 m eo CO 0 c 0 y t0 0 0 u) 0 D o aro 0 o 0 0`30 0 2 2 2 .2 .2> rn c Ea) of o r;0p r E a z o ti 2 co m o co CO CO 7 r 0) CO q C 0 co o 0 m E S 6 3 3 E '3) E E E o a c a E a a- c l a E -o c J J 0 0 0 y to m N m 2 m m 2. m m• m m Iro tv, E d ,-I E E o E aa> c 2 c c o c E a E o c E a) C o D 0 b d S o b b> b o c o o d c c o D C) D c c 0 0 D D c D P c z E O E p N N o N 0 to m tn E E E o E E NE_ c p NE .NC oa c� f cm a 00 O °D 8 h 7 2 y p Oj 7 7 a 2 W E m N a) C7 d C G1 N N C7 a' N 0 5 a) a) 40 y. S c E. E E c E> ,E E c ,E C� c a m d C m O N C N M Y d t�' d I-- d a d tq d �i N o i 7 N y N p, a o Q V N O O'. 8000.08000 a C 'a d g df d D:;i]z OF Oto 0 z 0 i- 5 w &I in in it CO F- ao° in e- 'm N cy: st to (D pp. o CA C Ll. Q) co i O m co O a c 0 sz as o o co 45 m Q 7 M C _O p r r O __c c U O O O (4 C 7 C N r o CU CNI CV CV tN RI CO o to 15 co 0 0 co .0 et1 co c '6 (1) V) Y v �u O cr0'' co m 0 m 2H F L m 4 LA 04 LO co j o 8 cv Q o N 04 Ul re) c; 6 co ci o co 6 6 8 i o co cv ti 0 0. o 6 o 0 0 cD 0 O ..0 c.4 0 cv ci CO 6 6 0 a o s— o 8 co 0 (0 V' CLI 6 8 6 6 c0 Yzr- 0 8 0 0 c 53 0) LO 1.... sr) 1.0 0 to o 01 o cv o 6 6 o o 6 8 0 0 Subject: Sebastian harks (Youth Football) A ro d or r Submittal by: Use Agreement Agenda No. 1 l 01 7 Department Origin: Finance: City Manager ,4 City Attorney: City Clerk: 1, Date Submitted: 20 JAN 11 Council Date: 26 JAN 11 f/ n City Manager EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: N/A cn SERA yof flAN HOME OF PELICAN ISLAND AGENDA TRANSMITTAL SUMMARY On December 31, 2010, the use agreement between the Sebastian Sharks Youth Football League and the City of Sebastian expired. The agreement provides use terms for the Barber Street Sports Complex. The "Sharks" have requested renewal of the agreement with essentially the same terms. They have requested one modification, which permits placement of advertising signs. Sharks seek to use advertising as a fund raiser. A similar advertisement agreement was made between the City and Little League and, to date, the advertisement agreement has fared well. RECOMMENDATION Staff recommends approval of the Sharks Use Agreement for another five year term, scheduled to expire December 31, 2015. c576 USE AGREEMENT BETWEEN CITY AND SEBASTIAN SHARKS YOUTH FOOTBALL IN AND FOR CONSIDERATION of the mutual promises herein, the sufficiency of which is hereby acknowledged, the CITY OF SEBASTIAN, a Florida municipal corporation, hereinafter referred to as "CITY and the SEBASTIAN RIVER YOUTH FOOTBALL CHEERLEADING ASSOCIATION, INC., a non profit Florida corporation, hereinafter referred to as "SHARKS agree to be legally bound as follows: I. USE OF PREMISES From the date of execution hereof through December 31, 2015, SHARKS shall be allowed the use of Fields 1, 2 and 3 of the southern portion of the Barber Street Sports Complex as shown in the schematic attached hereto as Exhibit I, as well as the use of the Concession Stand Building identified in said Exhibit, in accordance with the terms set forth herein, for the purpose of operating a youth football league. The areas subject to this use agreement shall hereinafter be called the "Premises SHARKS shall not commit or permit the commission of any acts on the Premises, nor use nor permit the use of the premises in any way that: (a) violates or conflicts with any law, statute, ordinance or governmental rule or regulation, whether now in force or hereinafter enacted, governing the premises; or (b) constitutes the commission of waste on the premises or the commission or maintenance of a nuisance. SHARKS shall be entitled to ancillary use of public parking and recreational facilities within the Barber Street Sports Complex on the same terms as all other members of the public. II. RESERVATION FOR EXCLUSIVE USE The rights granted SHARKS herein relate to use of public facilities and do not in any way constitute possession of the Premises by SHARKS. At all times, CITY retains all rights of control and access to facilities subject to this Agreement. A. In- Season Usage From June 1 through December 31 of each year, SHARKS shall have exclusive use of Field 1 and the concession portion of the Concession Stand Building. However, if it does not interfere with a scheduled game of SHARKS, upon fifteen (15) days written notice, CITY shall be entitled to use of the concession facilities on a short-term basis for special events. Fields 2 and 3 shall be reserved for the exclusive use of SHARKS on Saturdays until one hour after home games, and from 2 p.m. to 9 p.m. on weekdays. SHARKS shall be entitled to retain all earnings from operation of the concession stand, and shall comply with all applicable laws, orders and regulations prescribed by any lawful authority having jurisdiction over the operation of the concession stand. In the event SHARKS is unable to operate said concession stand in accordance with all such regulatory requirements, or for any other reason ceases to operate the same, CITY shall be entitled to otherwise provide for operation of the concession stand and SHARKS shall have no further interest therein. B. Off Season Usage From January 1 through May 31 of each year, no less than twenty (20) days prior to the beginning of each month that SHARKS intend to use any portion of the Premises for organized activities, it shall submit a schedule of the dates and times during the upcoming month that it reasonably believes the exclusive use of the field and meeting rooms will be needed for the efficient operation of the league. Until the time passes for the submission of said schedule request, CITY agrees that it will not schedule other uses for these facilities. CITY shall review the request and within one week either approve the submitted times or confer with SHARKS as to any modifications thereto. Priority will be given to the reasonable needs of the SHARKS, however, the ultimate decision as to scheduling exclusive use shall rest in the sole discretion of CITY. The Premises shall be reserved for the exclusive use of SHARKS at the times determined hereunder. Nothing herein shall prohibit SHARKS from requesting use of these shared facilities at any time under the same process in place for other organizations. C. Year -Round Usage CITY will designate an area within the area of the Premises in which SHARKS may place a structure for exclusive storage of equipment. Until and unless said structure is placed, the City Manager may designate areas within the Concession Building for storage upon such terms as he determines is in the public interest. Further, SHARKS are not required to remove the equipment utilized within the Concession Area during the off season. III. ASSIGNMENT SHARKS may not assign, or otherwise transfer any right or interest in this Agreement without the prior express written consent of CITY. IV. MAINTENANCE AND REPAIRS CITY shall generally maintain the Premises in a good, clean, and safe condition to the accepted standards maintained for City park facilities. SHARKS shall have responsibility for preparation of the field for league play, including lining of the play area as well as any mowing, etc., desired above general park use standards. SHARKS shall be responsible for replacement of light bulbs for the scoreboards and the interior of the concession area during the season, as well as the repair and maintenance of food storage and preparation equipment within the concession area. Following periods of use, SHARKS shall leave the Premises locked and secured, in good clean condition and repair, reasonable wear and tear and damage by the elements excepted. SHARKS shall leave the restrooms clean and orderly, and supplied with toilet paper and all other necessary sanitary items. Garbage and waste shall be gathered, bagged and left in receptacles provided at the Premises. All equipment shall be put away in an orderly fashion. SHARKS shall be responsible for repair of any damage occasioned by the use of the Premises beyond reasonable wear and tear. V. INSURANCE The CITY shall have no obligation to keep the buildings and improvements on the Premises insured nor shall the CITY have any obligation to insure any personal property used in connection with the Premises. In the event that the SHARKS's use and occupancy of the Premises causes any increase in the premium for any property casualty or fire insurance maintained by CITY on the Premises or any portion thereof, SHARKS shall reimburse CITY for the amount of said increase within thirty (30) days of notice of the same. At all times during the term of this Agreement, SHARKS shall, at its own cost and expense, secure and maintain a broad form comprehensive coverage policy of public liability insurance issued by an insurance company acceptable to CITY and insuring CITY against loss or liability caused by or connected with SHARKS's occupation and use of the Premises under this Agreement in amounts not less than: (a) $300,000 for injury to or death of one person and, subject to such limitation for the injury or death to one person, of not less than $1,000,000 for injury to or death of two or more persons as a result of any one accident or incident; and (b) $300,000 for damage to or destruction of any property of others; or such higher amount as may be set as the liability limits under the waiver of sovereign immunity provisions of law. Any policy or policies of insurance required pursuant to this Agreement shall be issued by one or more insurance companies authorized to engage in business in the State of Florida and which have a rating of at least A+ by A.M. Best and Company and at least an AA rating by both Moody's and Standard and Poors. Such shall contain a clause preventing cancellation of any coverage before thirty (30) days written notice to the CITY and shall name the CITY as an additional insured. Upon the request of the CITY, the SHARKS shall provide copies of said policies to the CITY. Nothing in this Agreement shall be construed as a waiver by CITY of the protections of sovereign immunity. VI. DESTRUCTION OF PREMISES In the event the building and/or other improvements erected on the Premises are destroyed or damaged by fire or other casualty, the CITY shall have no responsibility or obligation to make any expenditures toward the repair and /or replacement of the building and other improvements on the Premises. CITY, at its option, shall either cause said building and/or other improvements to be replaced or said damage to be repaired as rapidly as practicable, or shall elect not to repair the Premises and terminate the Agreement. Any insurance proceeds relating to the Premises, whether CITY elects to repair or replace the improvements on the Premises or not, shall be the sole property of CITY and SHARKS shall have no claims against any insurance proceeds paid on account of such damage. VII. ALTERATIONS ADVERTISING SHARKS shall not make or permit any other person to make alterations to the Premises without the prior written consent of CITY. Any alterations to the Premises by SHARKS shall be made at the sole cost and expense of SHARKS, but shall be the property of CITY. SHARKS shall be permitted the right to post commercial or private advertising signs as a fund raiser. All funds derived from advertisement shall be used to make Premises improvements or directly fund SHARKS. Signs shall not be posted in a manner or area that generates general public complaint. The CITY reserves the right to reject and prohibit posting of advertisement signs on the Premises at any time. VIII. INDEMNITY SHARKS shall indemnify, defend and hold CITY and the property of CITY, including the premises, free and harmless from any and all liability, claims, loss, damages or expenses, including counsel fees and costs, arising by reason of the death or injury of any person, including any person who is an employee or agent of SHARKS, or by reason of damage to or destruction of any property, including property owned by SHARKS or any person who is an employee or agent of SHARKS, in any way caused by, connected with or occurring during SHARKS's exclusive use of the Premises or other appurtenant or related CITY properties arising under this Agreement other than intentional acts of CITY or an employee or agent of CITY. IX. UNREMOVED PERSONAL PROPERTY AND FIXTURES Any personal property or trade fixtures that are not removed from the Premises by SHARKS within thirty (30) days after the last game of a season or termination of this Agreement shall be deemed abandoned by SHARKS and shall automatically become the property of CITY as owner of the real property. X. REMEDIES FOR DEFAULT Should SHARKS be guilty of a material default and breach of this Agreement, CITY, in addition to any other remedies given by law or equity, may terminate SHARKS's right to use the Premises immediately. XII. WAIVER OF BREACH The waiver by CITY of any breach by SHARKS of any of the provisions of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach by SHARKS either of the same or another provision of this Agreement. XII. NOTICES Any notice, report, statement, approval, consent designation, demand or request to be given and any option or election to be exercised by a party under the provisions of this Agreement shall be effective only when made in writing and delivered (or mailed by registered or certified mail with postage prepaid) to the other party at the address given below: CITY: City of Sebastian 1225 Main Street Sebastian, FL 32958 Attn: City Manager SHARKS: Sebastian River Sharks Youth Football Cheerleading Association, Inc. 13537 PMB #125 Sebastian, FL 32958 Attn: President provided, however, that either party may designate a different representative or address from time to time by giving to the other party notice in writing of the change. XIII. LITIGATION In the event of litigation arising out of this writing, venue shall be in Indian River County, Florida and the terms of this Agreement shall be construed and enforced according to the laws of the State of Florida. In any action arising out of the enforcement of this writing, the prevailing party shall be entitled to an award of reasonable attorneys fees and costs, both at trial and all appellate levels, based upon the prevailing rates of private attorneys in the venue. THE PARTIES HERETO SPECIFICALLY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY SUCH LEGAL PROCEEDING. XIV. WHOLE AGREEMENT This Agreement contains all of the understandings by and between the parties hereto relative to the use of the Premises, and all prior or contemporaneous agreements relative thereto have been merged herein or are voided by this instrument, which may be amended, modified, altered, changed, revoked or rescinded in whole or in part only by an instrument in writing signed by each of the parties hereto. Neither party has in any way relied, nor shall in any way rely, upon any oral or written agreements, representations, warranties, statements, promises or understandings not specifically set forth in the Agreement Documents. This Agreement shall not be construed against the party who drafted the same, as both parties have obtained experts of their choosing to review the legal and business adequacy of the same. EXECUTED on this 26 day of January, 2011 at Sebastian, Florida. ATTEST: CITY OF SEBASTIAN A Municipal Corporation By: Sally A. Maio, MMC Alfred A. Minner, III, City Manager City Clerk Approved as to Form and Legality for Reliance by the City of Sebastian only: Rich Stringer, City Attorney SEBASTIAN RIVER SHARKS YOUATH FOOTBALL CHEERLEADING ASSOCIATION, INC. ATTEST: By: Its: Secretary: (Seal) EXHIBIT "I" CERTIFICATE OF INSURANCE ISSUE DATE (MW DD/ YY) 06/30/2010 12:01 :00 AM ET PRODUCER .SADLER COMPANY, INC. P.O. BOX 8866 COLUMBIA, SOUTH CAROLINA 29250 6866 (800) 622 7370 Email: ayf©sadlerspolts.com THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURED AMERICAN YOUTH FOOTBALL, INC. AND AMERICAN YOUTH CHEER AS MEMBERS OF ERS RISK PURCHASING GROUP ASSOC., INC. Sebastin Sharks Youth Football and Cheerleading Assoc el o Michael Lanam PMB 132 13537 US 1 Sebastian, FL. 32958 COMPANIES AFFORDING COVERAGE COMPANY LETTER A NATIONAL CASUALTY COMPANY COMPANY LETTER B ACE AMERICAN INSURANCE COMPANY COMPANY LETTER C COVERAGES THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OCHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 1S SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO. LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE POLICY EXPIRATION DATE LIMIT OF COVERAGE A General Liability ®Commercial General IJabeMy ❑Clelmemade Occur ❑Owners 8 contactors Pro. KR00000001024100 12 :01AM ET 06/30/2010 12:01AM ET 06/30/2011 General Aggregate NONE Products- Come/ ODs Aggregate 52,000,000 Personal& Advertising Injury 51,000.000 Each rr 51,000,000 Rented to you Omit $300,000 Medical Expenses (Any one person) $5,000 Participant Legal LiabllIty $1,000,000 B PattclpantAccident PTPN01882922 12:01AM ET 06/30/2010 12:01AM ET 06/30/2011 Excess medical $100,000 Deductible 5100 DESCRIPTION OF OPERATIONS LOCATIONS VEHICLES RESTRICTIONS /SPECIAL ITEMS COVERED SPORTS: Tackle Football Ages 9 Under, Tackle Footbal Ages 12 Under, Tackle Football Ages 15 Under, Flag Football Ages 5 -17, Cheer Dance Step Squads Class 1 (no charge), NOTE: The Participant Accident policy, It included above, Is not a part of the ERS Risk Purchasing Group Association. Inc_ CERTIFICATE HOLDER CANCELLATION EVIDENCE OF COVERAGE SL39 SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE N0 OBL[OATWN OR UABIUTY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE (company A) T YuC19ST. lt. AUTHORIZED REPRESENTATIVE (company 8) .S ..444 1 Sadler Sports: AYF Insurance Plan This certificate replaces any other previously Issued certificate(s). 1 -92 Sadler Sports: AYF Insurance Plan American Youth Football American Youth Cheer Online Application Verification of Coverage Appacahbn Reoebt Deb Tfrns; 08242010 06:3124 AM 1 GENERAL INFORMATION Sports Organization Name: Sebeatin Sharks Youth Football and Cheerleadiing Assoc Type of Organization: team Contact's Name: Michael Lanam Primary Location Address: FMB 132 13537 US 1 Address 2: City: Sebastian State: FL County: Postal Zip Code: 32958 Home Phone: (772) 589 -8188 Business Phone: (772) 589 -2779 Fax: Email Address;) ennalanarn®comcast. Temporary Email Address: Website: Sebastianstarks.com How did you find out about Sadler Company. Already doing businese with Sadler Do your Facility Owners Require a Certificate Of Insurance? Yes Online Agreement and Warranty Statement accepted? Yea It. MEDICAL EXPENSE GENERAL LIABILITY INSURANCE ACE American Insurance Company Accident Policy Number PTPN01882922 National Casualty Company General Policy Number KR00000001024100 Effective Date 12:01 AM ET 06/302010 Expiration Date 12:01AM ET 06/302011 Team Selection Limits 5100,000 Acddent 11,000,000 General Liability Accident Insurance Deductible 5100 Accident Insurance Plan Full Excess Division of Teams Taclde Football Ages 9 Under 2 Tackb Football Ages 12 Under 2 Tackle Football Ages 15 8 Under 2 Flag Football -Apes 5 -17 4 Cheer Dance Step Squads Class 1 (no charge) 6 Cheer 1 Dance Step Squads Class 2 0 Cheer Dance Step Squads Class 3 0 Totals Limits Charges Option 1 5100,000 Accident /$1,000,000 General Liability (5100 Accident Deductible) E1,874.00 51,000,000 Optional Coverage: Directors Officers Liability 5300.00 State Surplus Lines Tax/ Surcharge (FL 1.0077 53.02 525,000 Optional Coverage: Crime Not Covered State Surplus Lines Tax/ Surcharge (FL -1 50.00 50 Optional Coverage: Equipment Not Covered State Surplus Lines Tax/ Surcharge (FL 1.0077 50.00 III. CERTIFICATES OF INSURANCE TOTAL CHARGES: $1,977.02 Total 1330.00 (5165.00 per team) 5422,00 (1211.00 per team) 5650.00 (5325.00 per team) 5272.00 ($88.00 per team) 10.00 (10.00 per team) 50.00 (534.00 per team) $0.00 (574.00 per team) 11,674.00 Sadler Sports: AYF Insurance Plan With respect to the General Uability, the certificate holder(s) below are added as an Additional Insured soley In their capacity as a property owner or sponsor with respect to liability arising out of the insureds operations. This insurance does not apply to the sole negligence of the Additional Insured. UST OF PREVIOUSLY ADDED FACIUTY OWNERS AND SPONSORS City of Sebastian Property Owner 1225 Main St Sebastian, FL 32958 Brevard County Football Cheerleading Association Certificate Holder P.O Box 791 Sharpes, FL 32959 Melbourne High School Certificate Holder 74 Bulldog Blvd Melbourne, FL 32901 Action IV. OPTIONAL COVERAGES Philadelphia Indemnity Insurance Company In Lousiana Only: Philadelphia Insurance Company Optional Coverages are effective only upon final underwriting and acceptance by Philadelphia Insurance Companies. If effective, all Optional Coverages expire one year after effective date. Directors Officers Liability (51,000,000 limit, $1,000 deductible) Policy Nummber. Effective Date: Did your sports organization purchase a 0 0 Policy LAST YEAR from an Insurance agency OTHER THAN Sadler 8 Company? Yes Has there been any claim made, or Is there any now pending against any corporation or persons proposed for this Insurance? No details: Does any corporation, director, otncar or any other person proposed for this insurance have any knowledge or information of any breech of duty, error, misstatement, misleading misstatement or omission, which could rise to a claim against them? No details: Has any corporation, director, officer or any persons proposed for this insurance been the subject of any suit, Inquiry, complaint or Nonce attesting, Including, but not limited to, suits, Inquiries, complaints or Notice of Hearing based upon or arising from charges of discrimination, sexual harassment or wrongful termination? if so, give details: No details: Premium Accepted; Pending Approval Notes: Crime Insurance NOT APPLIED FOR EqulpmentCoverage NOT APPUED FOR Summary of Declined Optlonals V. POLICY PERIOD CHANGES Da Approved EfhotIve Date Change 07/132010 08:42 AM 07/132010 08:42 AM 07/1312010 08:43 AM Yes Yes Yes 06/302010 AM 06/30/20l012:01 AM 06/30/201012:01 AM Add 001: CIty of Sebastian Property Owner -1225 Main 8t Sebastian, FL 32958 Add COI: Brevard County Football Cheerleading Association- Property Owner- P.0 Box 791 Sharpes, FL 32959 Add 001: Melbourne High School Property Owner 74 Bulldog BNd Melbourne, FL 32901 Sadler a Company, inc. P.O. Box 5564 Columbia, 8C 292904866 Phone: 1400422 -7370 Pax: (8031265.4017 Email: ayrasadlersporta.com Directors Officers Liability ($1,000,000 limit, $1,000 deducdble) Policy Nummber Effective Date: Premium Accepted: Pending Approval Notes: Crime insurance NOT APPUED FOR Equipment Coverage NOT APPLIED FOR Summary of Declined 0 ptionals Sadler Sports: AYF Insurance Plan With respect to the General Liability, the certificate holder(e) below are added as an Additional Insured soley in their capacity 858 property owner or sponsor with respect to liability arising out of the insured's operations. This insurance does not apply to the sole negligence of the Additional insured. LIST OF PREVIOUSLY ADDED FACIUTY OWNERS AND SPONSORS I Action I IV. OPTIONAL COVERAGES PhiladelPhla Indemnity Insurance Company In Lousiana Only: Philadelphia Insurance Company Optional Coverages are effective only upon final Underwriting and acceptance by Philadelphia Insurance Companies. If effective, all Optional Coverages expire one year after effective date. Did your sports organization purchase sO fi 0 Policy LAST YEAR from an insurance agency OTHER THAN Sadler Company? Yes Has there bean any claim made, or Is there any now pending against any corporation or persons proposed for this insurance? No details: Does any corporation, director, officer or any other person proposed for this insurance have any knowledge or information of any breech of duty, error, misstatement, misleading misstatement or omission, which could rise to a claim against them? No details' Has any corporation, director, officer or any persons proposed for this Insurance been the subject of any suit. Inquiry, complaint or Notice of Nearing. Including, but not limited to, suits, Inquiries, complaints or Notice of Hearing based upon or arising from charges of discrimination, sexual harassment or wrongful termination? If so, glve details: No details: V. POLICY PERIOD CHANGES Phone: 1400 Pax: (503)25114017 Email: ayfersatnersports.com 1IIJIIIL AIRPORT AGENDA TRANSMITTAL City of Sebastian, Florida Subject: Boy Scout Camporee at SMA Ap rove for Submittal by: er City Manager Agenda No. 0 1 11. S Department: Airport: J. Griffin Admin. Services: D. Krueger Finance Director: K. Killgore -1 City Attorney: R.A. Ginsburg City Clerk: S.A. Maio Date Submitted: January 19, 2011 For Agenda of: January 26, 2011 Exhibits: A. Camporee Plan; B. License Agreement EXPENDITURE REQUIRED: -0- AMOUNT BUDGETED: -o- APPROPRIATION REQUIRED: -0- SUMMARY The Indian River District of the Boy Scouts of America has requested the use of areas within the Sebastian Municipal Airport for aviation themed "Camporee." The inclusive dates are March 4 through 6, 2011. These dates coincide with the LoPresti 1St Saturday event for March 2011. In March 2010, the SMA hosted a scout "Camporee" with this organization. That event proved to be a very successful. This year, Airport staff has been working with Scout leaders, coordinating proper venue sites within airport property, in anticipation for another successful event. Since this is considered a charitable event, no charge will be levied on the Scouts for use of airport facilities. Exhibit A outlines the 2011 Plan and Exhibit B is the License Agreement, including sufficient hold harmless provisions, between the Scout Gulf Stream Council and the City of Sebastian. RECOMMENDATION Approve license agreement with the Indian River District, Gulf Stream council of The Boy Scouts of America for a "Camporee" at the SMA March 4 through 6, 2011. Indian River District Boy Scout 2011 Camporee plan, March 4 5 and 6 The Boy Scouts of America, Gulf Stream Council, Indian River District are planning an aviation themed scouting event at the Sebastian airport. The Boy Scouts of Indian River County will be camping at the airport the nights of March 4 and 5 The Boy Scouts will arrive on Friday afternoon, March 4 and will depart by noon on Sunday, March 6 On Saturday March 5 the cub scouts of Indian River County will be at the event. On the afternoon of Thursday March 3 some adult leaders may need to be at the airport of mark off troop campsites, and drop off some equipment. Friday morning adult leaders will be on site to set up for the event. On Friday evening the Boy Scouts will conduct a Dutch oven cobbler cook off. It is also planned to bring a big screen TV to watch a movie. Saturday morning the event will begin with an opening ceremony. It is hoped, that with the help of Sky Dive Sebastian, that the US flag and the Boy Scout flag can be brought down via two skydivers. The following programs will follow that: Flights for the boy scouts Aviation related demonstrations -Scout skills demonstrations The scouts will be cooking hot dogs and hamburgers The cub scouts will be launching water bottle rockets A Cub Scout rocket derby will be held. Static display of aircraft Use of three of the conference rooms at the terminal building will be needed. A small room to set up a first aid station will be needed. Mr. Joe Griffin has identified these areas. To facilitate transportation around the airport, help may be needed by city airport vehicles to make safe runway incursions. Respectfully subm ed, David Smith Camporee chairman 778 -0242 home 584 -2153 cell This License is hereby granted this day of 2011, by the CITY OF SEBASTIAN, FLORIDA, a Florida municipal corporation, whose mailing address is 1225 Main Street, Sebastian, Florida 32958, hereinafter "Licensor," to GULF STREAM COUNCIL OF BOY SCOUTS OF AMERICA, INC., whose mailing address is 8335 North Military Trail, Palm Beach Gardens, Florida 33410 -6329, hereinafter "Licensee," to occupy, maintain, and utilize a designated portion of the Sebastian Municipal Airport property situated in the State of Florida, County of Indian River, and City of Sebastian under the following terms and conditions: 1. The Licensee has requested permission to use a portion of the Licensor's property for the express limited purpose of sponsoring, promoting and conducting a Camporee limited to approximately 200 Boy Scouts, their various leaders and supervisors, tents, concessions, other camping equipment and supplies, and parking necessary to the event. 2. Licensee, its designated members, leaders, and volunteers, under direct supervision of authorized supervisory staff, shall have the limited right to enter upon Licensor's property for the sole purpose of sponsoring, promoting and conducting a Camporee limited to approximately 200 Boy Scouts, their various leaders and supervisors, tents, concessions, other camping equipment and supplies, and parking necessary to the event. 3. This License shall be for the term of three (3) days, beginning 8:00 A.M., March 4, 2011, and terminating no later than 7:00 P.M., March 6, 2011, or may be terminated or modified according to the terms and provisions contained herein, whichever occurs first. Licensee's right to use the City property shall be non- exclusive. 4. Licensor and Licensee shall each have the right to terminate this License, in their sole discretion, for any reason upon either party providing a written notice of termination to the other party. (a) If this License is terminated prior to the opening date of this event, Licensee shall not enter the property or commence setting up tents, displays, concessions, or any other equipment to be utilized for the camping event. If this License is terminated by either party during the camping event, Licensor may require, in its sole discretion, that Licensee remove all persons, displays, concessions, tents and other camping equipment and supplies, immediately, and repair and clean the portion of City property occupied under this License to a reasonably good condition, substantially similar to the condition of the City property just prior to the date this License is executed, on or before the date of termination. Unless (b) of this Section applies, when either party terminates this License they shall first provide the other party with written notice prior to the date of termination. (b) Should Licensor determine in Licensor's sole discretion that the public interest requires the termination of the camping event provided for under this License, all persons, tents, displays, concessions, and other camping equipment and supplies, will be removed promptly. Licensor shall notify Licensee in writing of this and Licensee shall begin immediate removal and clean up. LICENSE FOR USE OF SEBASTIAN MUNICIPAL AIRPORT PROPERTY (c) If Licensee fails to remove the persons, concessions, tents and other camping equipment and supplies within the time provided above, or if Licensor has determined that public interest requires immediate removal as provided above, Licensor may complete the removal and repair, or hire a third party to do so, and Licensee shall bear the cost of such removal or repair and hereby waives any right to contest Licensor's right of recovery against Licensee. Page 1 of 6 5. Licensee shall at all times operate its camping event in a safe and efficient manner and in such a manner as not to cause any conflict with aviation use of the Airport or use of surrounding roadways or tenant operations. 6. Licensee shall not occupy, use, or permit, the occupation or use of the City property or any part thereof, for any unlawful or illegal purpose, nor in such manner as to constitute a nuisance of any kind, nor for any purpose or in any way in violation of any present or future federal or state laws, rules, requirements, orders, local ordinances, and /or regulations of the Licensor. 7. Licensee shall instruct, monitor, and manage its members, leaders, supervisors, employees, and volunteers, to stay inside of the authorized area only, and not to enter the secured airfield without authorized supervision, or cross any runways, taxiways, or other airport related facilities. Licensee hereby confirms the understanding that any violation of these restrictions could render the individual and the organization liable for substantial Federal fines for violations of established Federal Laws and Regulations applicable to airport facility access and use. 8. Licensee shall at all times during the term hereof keep all portions of the site free and clear of trash and debris and all hazardous materials. Upon termination of this License, the area shall all be cleaned and left in a condition substantially similar to the condition of the City property just prior to the date this License is executed. 9. Licensee covenants that, during the term of the License, the Licensee will, at its own expense, be responsible for maintenance of the above described City property and shall keep in good order and repair all improvements, and the Licensor will have no responsibility for the maintenance of the subject City property, including any improvements thereon. 10. Licensee shall not, either directly or indirectly, assign, sublease, hypothecate, or sell, mortgage, encumber or otherwise transfer this License or any interest therein. 11. Licensee agrees to provide any and all security control to maintain crowd and traffic safety and control for the camping event. Licensee agrees to be responsible for complying with any safety or security provisions that the Sebastian Police Department and /or Indian River County Emergency Services Department deem appropriate for protecting the public health, safety or welfare. No later than fifteen (15) days prior to the date of the camping event and at such other times as Licensor may desire, Licensee shall meet with Licensor and shall provide Licensor with detailed plans and description of security and traffic control measures to be taken by Licensee during the camping event. Licensee agrees to supervise the parking of all vehicles associated with the camping event off the roadways to preclude impeding emergency vehicle traffic. Licensee further agrees to provide no less than three (3) portable toilet facilities on the premises during the event, and to provide trash containers as necessary. 12. Licensee shall meet with Licensor no later than fifteen (15) days prior to the scheduled camping event date to finalize all plans and schedules for Licensee's use of the premises. Licensor shall have the authority to approve or reject all or part of the plans and schedule if, in Licensor's sole opinion, such plans and schedules are inappropriate or insufficient to meet the health, safety, and welfare requirements of the public and to minimize potential for interruption of normal access to, or operations of, the Sebastian Municipal Airport. Included with the above referenced plans and schedules shall be an estimate of the number of participants anticipated to attend the camping event and shall provide a detailed plan showing the anticipated location of the tent, parking, and any equipment involved. 13. Pursuant to City of Sebastian Code of Ordinances, Licensee may use an above ground enclosed pit campfire contingent upon authorization by the City Manager of the City of Sebastian and the chief of the county fire department. The City Manager's signature to this License approving technical requirements Page 2 of 6 signifies his authorization for Licensee's use of ONE (1) above ground enclosed pit campfire. Licensee shall provide Licensor with a copy of authorization for an above ground enclosed pit campfire by the chief of the county fire department at least fifteen (15) days prior to the camping event. Individual campfires, or any other `open flames,' are not permitted in any other areas. The Airport Director will designate the location of the aforementioned single above ground enclosed pit campfire. 14. As a condition hereof, Licensee shall indemnify and hold harmless the City of Sebastian /Licensor, all of its departments, its elected officials, officers, employees, agents, representatives, volunteers, their successor and assigns "Released Parties against and for any and all liabilities, claims, damages, actions, costs or expenses, of any nature (including attorney's fees and costs), known and unknown, that may arise out of or be occasioned by the use, occupancy, or maintenance of the premises for Licensee's camping event or for any act or omission by Licensee, or from any act or omission of any representative, member, leader, agent, invitee, or employee of Licensee. This obligation to hold the Released Parties harmless shall also cover any claim for damage that any utility, whether publicly or privately owned, may sustain or receive by reason of Licensee's use of the premises or Licensee's improvements and equipment located thereon. It is the intention of this indemnity agreement on the part of Licensee, and as a condition of this License, that it shall be a full and total indemnity against any kind of character of claim whatsoever that may be asserted against a Released Party by reason of, or as a consequence of having granted permission to Licensee to use and maintain the premises for the camping event, or as a consequence of terminating this License as may be provided herein. Licensee hereby agrees to indemnify all costs, fees and expenses of any kind for any and all suits, claims, or causes of actions brought against the Released Parties, and pay any judgment or judgments that may be rendered against the City of Sebastian in connection herewith. The indemnification and hold harmless provisions shall be in addition to any other remedy available under this License for Use of Municipal Airport Property, or at law or equity, and shall survive the term of this License executed pursuant hereto, with respect to any circumstance or event occurring before termination of the camping event. 15. The Licensee shall at all times during the term hereof, carry commercial general liability insurance against personal injury and property damage with a company authorized to do business in the State of Florida and satisfactory to the City, protecting the City of Sebastian against any and all claims for damages to persons or property as a result of or arising out of the use and maintenance by Licensee of the premises, and Licensee improvements and equipment in connection therewith and located therein. Said insurance shall name the City of Sebastian as an additional insured with limits of coverage not less than $1,000,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. The Licensee shall supply written proof of insurance to Licensor at least fifteen (15) days prior to the scheduled use hereunder, and shall continue such insurance coverage until Licensee shall have completed its use of the premises hereunder and fulfilled its obligations to repair /restore the premises to the condition it was in prior to beginning the permitted use. 16. Licensee agrees and acknowledges that this License provides Licensee with no leasehold or other property interest, and allows the use of the above described City property only for the purposes stated herein, at Licensor's sufferance. Licensee shall ensure that Licensee's use of the City property will not unduly interfere with the Licensor's use of said property. 17. This License may be executed in one or more counterparts, each of which shall be deemed an original and all which together will constitute one and the same instrument. 18. It is understood that this license is granted by the City of Sebastian without fee or other compensation. Page 3 of 6 IN WITNESS WHEREOF, the authorized representatives of the parties hereto have executed this License on the date first above written. ATTEST: LICENSOR: CITY OF SEBASTIAN Sign: Sign: Print: Sally A. Maio Print: Al Minner Title: City Clerk Title: City Manager STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of 2011 by Al Minner, as City Manager, and Sally A. Maio, as City Clerk, of the City of Sebastian, Florida. They are personally known to me and did not take an oath. Sign: Print: Sign: Sign: Print: Print: John Marion Title: President Page 4 of 6 NOTARY PUBLIC Sign: Print: State of Florida at Large [SEAL] Commission No. My Commission Expires: WITNESSES: LICENSEE (Gulf Stream Council of Boy Scouts of America, Inc.) [AFFIX CORPORATE SEAL HERE] STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of 2011, by John Marion, as President, on behalf of the Licensee. He is [personally known to me] or [produced as identification] and [did] [did not] take an oath. NOTARY PUBLIC Sign: Print: State of Florida at Large [SEAL] Commission No.: My Commission Expires: WITNESSES: LICENSEE (Gulf Stream Council of Boy Scouts of America, Inc.) Sign: Sign: Print: Print: Jeffery Isaac Title: Secretary Sign: Print: STATE OF FLORIDA COUNTY OF PALM BEACH [AFFIX CORPORATE SEAL HERE] The foregoing instrument was acknowledged before me this day of 2011, by Jeffery Isaac, as Secretary, on behalf of the Licensee. He is [personally known to me] or [produced as identification] and [did] [did not] take an oath. NOTARY PUBLIC Sign: Print: State of Florida at Large [SEAL] Commission No.: My Commission Expires: Page 5 of 6 Approved as to technical requirements: Approved as conforming to municipal policy: Joseph Griffin Airport Director Approved as to form and legal sufficiency: Robert A. Ginsburg City Attorney Page 6 of 6 Al Minner City Manager Subject: City of Sebastian Representative to the MPO Bicycle Advisory Committee A..ro for Submittal by: City Manager d Agenda No. /1. q Department Origi i CI: rk City Attorney: City Clerk: For Agenda of: 1 /26/11 A "In er Exhibits: Info from MPO BAC website an OF HOME OF PELICAN ISLAND CITY OF SEBASTIAN AGENDA TRANSMITTAL SUMMARY Sebastian City Council appointed local resident, Susan Mulcahy to the voting Sebastian representative to the MPO BAC on June 11, 2008. Ms. Mulcahy has only attended a very few meetings. Staff spoke to her on January 7 and she indicated she is still interested in the Committee but cannot attend the meetings on the scheduled day and time due to her work schedule. Park Superintendent, Chris McCarthy has been attending in her place for the past year. He is an avid bike rider who lives in the City and he is interested in continuing to represent the City, however, by the MPO by -laws, BAC members serve at the pleasure of the appointing governmental entity and have to be appointed by them. At Council's Discretion: RECOMMENDED ACTION Staff seeks formal Council approval of Chris McCarthy's representation on the MPO BAC or Advertise for additional applicants to the advisory committee. MPO Bicycle /Pedestrian Advisory Committee Bylaws approved at the MPO meeting of October 9, 2002, pursuant to memorandum from Bob Keating to the MPO members of February 8, 1994, wherein the City of Vero Beach and the MPO formed a City /County Bikepath Commission. The BAC shall consist of six voting members: (1) County Representative, (1) City of Vero Beach Representative, (1) City of Sebastian Representative, (1) Town of Indian River Shores Representative, (1) Town of Orchid Representative and (1) City of Fellsmere Representative. Meetings are held on the fourth Thursday of each month at 2:00 p.m. at the County Administration Building B, 1800 27th Street, Vero Beach, FL in Conference Room B1 -501. Members shall serve at the pleasure of the appointing governmental entity. The BAC shall at its January organization meeting conduct an election to select a Chairman and Vice- Chairman for one year starting with the meeting in January and may serve consecutive terms. Members: Libby Harrow (Chairman) Susan Mulcahy City of Sebastian Terry Goff (Vice Chairman) City of Vero Beach Barbara Tilney Town of Indian River Shores George Sipp Town of Orchid Chief Scott Melanson City of Fellsmere of OF HOME OF PELICAN ISLAND City Clerk's Office Transmittal Subject: Expired Regular Member Position Alternate Member Position on the Planning Zoning Commission A pr ed for Submittal by: I Agenda No: 1 010 Department Origin: 'ty Clerk's O is City Attorney: For Agenda of: 1/26/11 nager Exhibits: applications, ad, board member list SUMMARY STATEMENT Mr. Srinivasan's regular member position has expired on the Planning and Zoning Commission. He is interested and eligible to serve another term. He is also the only applicant. Additionally, Mr. Durr's alternate member position has expired. He is interested and eligible to serve another term. He is the only applicant. RECOMMENDED ACTION i. Interview, unless waived and submit nomination to fill the expired regular member position, term to expire February 1, 2014. ii. Interview, unless waived and submit nomination to fill the expired alternate member position, term to expire January 1, 2014. NAME: kelp/ 5 R 1wIVAI r►it/ HOME AI ►DRESS: /Oa it /..-01/4„0,0DWAt R SL'reAcs' A-A/ P L 3 aIS't3 HOME PI IONS( HOME FAXi ;E -MAIL: 5' 3.1 0 b 9S C.e- eu, k HSRa'rvrvas.woi tt+(, air- f• BUSINE. S: C4-7-2). 177 .y0 31 BUSINEE S ADDRESS: e rry St !Z4) e CM. BUSINE: S PHONE: BUSINESS FAX: E -MAIL: ARE Y011 A RESIDENT OF THE CITY OF SEBASTIAN? Yls HOW LONG? 3 yEtiRS 4 1 DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? /1/+ DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH I OARDS /COMMITTEES? N PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER 7F PREFERENCE WITH FIRST CHOICE BEING #1: HARTER REVIEW COMMITTEE (serves only 6 months every 5 years meets next in 2011) 4 IT2ENS BUDGET REVIEW ADVISORY BOARD (temporary meets during summer) ONSTRUCTION BOARD pennanent board meets once a month)` 1 ANDICAPPED SELF EVALUATION COMMITTEE (permanent board meets quarterly) _i LANNING AND ZONING COMMISSION (permanent board —meets twice a month)* I OLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board- meets quartedy)' I ARKS RECREATION ADVISORY COMMITTEE (permanent board meets once a month) I IATURAL RESOURCES BOARD (pennanent board meets once a month) i )THER TEMPORARY COMMITTEE (if applicable) (WRITE IN COMMITTEE NAME) Fling of fit anclol disclosure is required following appointment 04/04/08 11:18 FAX 7729785090 V.B. POWER PLANT 0 001 ana HOME OF PELICAN ISLAND APPLICATION TO SERVE ON CITY BOARD /COMMITTEE Q .11 Qity Board and Committee Members Must be Residents of the City of Sebastian) APPLICC BLE EDUCATION AND /OR EXPERIENCE: (a brief resume is required) S el* M 3e 4 t 11')4A (1 m w eR1 lrt7 oft HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR? /vr /c7 rirt 04 0 f /F OF "0C-4- /yVN4 Il A0N /Alp I.- "4 EN r ON krrf 'DdN, k+I 60 'Y ✓9-E'r'C L 1 If LIST AK Y ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMIT TEE: -tile-e ye pro,' eX r'R rev-1 e /r`/ 4 c 00(7 +dAN HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? fVo HAVE Y' )U EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITI JDE IN THIS OR ANY STATE? 0 WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE% `f 04/04/08 11:19 FAX 7729785090 \wp- formla f plicat.wpd rev_ 71200 V.B. POWER PLANT I hereby cer ify that I am qualified to hold the position for which this application is made. Further, 1 hereby authorize the City of E ebastian to investigate the truthfulness of all information which I have provided in this application. 1 understand hat any misrepresentation or omission of information requested in this application is cause for disqualirrcat on. 1 have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2 -166 through 2 -173 (attached). nformation relative to a specific board or comet a is available if requested. Applicbnt Signature U1002 Subscribed and swom to before me this day of by who is personally known to me, or has produced as identification. Notary Pub c, State of Florida P ease return to Office of the City Clerk, 1225 Main Street, Sebastian, FL 32958 (I(1) 589 5330 F_s NAME: fit E) FC e F Ida ice HOME ADDRESS: G42 auto' tet y HOME PHONE: HOME FAX: E -MAIL: 4/z 3 ?I 70a bD Fd/ r it( 0 mi BUSINESS: N/ BUSINESS ADDRESS: BUSINESS PHONE: BUSINESS FAX: E -MAIL: ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? HOW LONG? Y '1 S DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? 4 L) DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDS /COMMITTEES? //a PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: CHARTER REVIEW COMMITTEE (serves only 6 months every 5 in years meets next 2011) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary meets during summer) I CONSTRUCTION BOARD (permanent board meets once a month)* HANDICAPPED SELF EVALUATION COMMITTEE (permanent board meets quarterly) PLANNING AND ZONING COMMISSION (permanent board meets twice a month)* POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board- meets quarterly)* 2. PARKS RECREATION ADVISORY COMMITTEE (permanent board meets once a month) 3 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 area HOME OF PELICAN ISLAND [r.:00lYED CITY OF SEBASTIAN OFFICE OF CITY CLERK 1 APPLICATION TO SERVE ON CITY BOAR P111 56 (A ii City Board and Committee, Members Must Residents is f the of be r .eslc� nru o„ �f City Sebastian') i.3r r i)L tit lit I 1 vL.L.r.i\ APPLICABLE EDUCATION AND /OR EXPERIENCE: (a brief resume is required) she 2009 Plot! 2S Pf1 1 56 HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR? C i A' t LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? WO WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? 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. 1 have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2 -166 through 2 -173 (attached). Information relative to a specific board or commrjtee is available if requested. Subscribed and swom to before me this Nota •lic, State of Florida \wp- form\applicat.wpd rev. 7/2007 l `Y SEBASTIAN Applicant Signature Z day ofh�P 2.C%t■ who is ft to _me? as identification. gET A 1 1 by or has produced NV'O 1 06, t om'' (s p a z Please retum to Office of the City Clerk, 1225 Main St Ggfitegegt.429.8 (772) 589 -5330 4 1 serroto'O� APPLICATION TO SERVE ON CITY BOARD /COMMITTEE ATTACHMENT QUESTION: HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR? RESPONSE: I have over 10 years of experience in Landscape Architecture, which covers a broad area of site development. My professional experience has given me a complete understanding of the issues that can and may concern Planning and Zoning, Parks and Recreation, Natural Resources and Construction committees. Prior to moving to the City of Sebastian, I worked solely in the area of designing parks and recreation areas such as nature trails, open space utilization, and sport complexes; ranging from sports fields to skate parks. Since I moved to the City of Sebastian, I have gained significant knowledge of native Florida plant material, landscape and irrigation design, as well as attaining certification as a Florida Certified Horticulture Professional thru the FNGLA, in addition to understanding the issues of intelligent sustainable development, the positive impact of our parks and recreation areas, and the importance of our natural resources and responsible water usage. Therefore, I believe that my experience and knowledge would greatly benefit the Planning and Zoning Committee directly, as well as the Parks and Recreation, Natural Resources, and Construction committees. In closing, as a resident of the City of Sebastian, I am personally invested in the future of our city and would be honored to serve the community and it's interests as a Planning and Zoning, Parks and Recreation, Natural Resources or Construction committee member. 542 Quarry Lane Sebastian, FL 32958 ddomf @hotmail.com (412) 381 -1701 CAD /GIS TECH PASHEK ASSOCIATES LTD DOMENIC F. DURR CERTIFIED DRAFTSMAN AND LANDSCAPE SPECIALIST SUMMARY OF QUALIFICATIONS Certified Draftsman with Landscape Architecture, Site Development, and Irrigation Design experience, seeking a challenging new opportunity with professional development. Effectively able to communicate complicated concepts in an understandable manner, matching the message to the audience. Supervisory skills second to none. Experienced in hiring, training, motivation and evaluation. Skilled in fording problems and performing necessary change through project management or other methods. Maximize resources to achieve customer satisfaction and increased productivity, meet deadlines and goals. Implement and coordinate both strategic and tactical plans to enhance performance. Adept and experienced in problem solving and providing solutions. Excellent qualifications in leadership and interpersonal communications. Persuasive, with ability to communicate effectively with culturally diverse audience. Public speaking and executive management briefing experience. Proficient with AutoCADD 2007, LandFX, Autoturn, Photoshop, and Illustrator as well as MS word, Excel, PowerPoint Visio, Sketchup, Microstation Quick learner. Dedicated to accuracy and efficiency. PROFESSIONAL EXPERIENCE CADD OPERATOR LEVEL 5 July 2005 February 2009 KI LEY -HORN AND ASSOCIATES INC. Vero Beach, FL Interacted with RLA and engineers; produced and developed landscape and irrigation design construction documents per governing code requirements. Followed direction of the project manager for commercial, roadway and municipal developments or enhancement projects. Imported GIS /ArcView data into CADD for preliminary site analysis and conceptual site planning. Prepared irrigation designs and plans for retro -fit of standard spray irrigation systems to drip irrigation systems. Reviewed and resolved landscape and irrigation contractor's request for information and construction issues. Reviewed landscape and irrigation cut sheets submitted by contractors for approvals and contractor bids for clients. Performed site inspections of landscape and irrigation installations for quality, accuracy and operability. Developed and implemented landscape and irrigation design standards for staff. Orchestrated technical support to staff for software applications. December 1999 July 2005 Pittsburgh, PA Worked closely with Principle Partners, Planners, Registered Landscape Architects and Landscape Designers to develop design and construction documents. Created and modified standard details, provided CADD support and service at all levels DOMENIC F. DURR ddomf @hotmail.com (412) 381 -1701 Page 2 Imported GIS /ArcView data into CADD for preliminary site analysis and master plans for development projects. Utilized GIS /ArcView software to develop planning maps depicting local and regional community data such as existing and future land uses, and economic and social demographics. Collaborated in development of marketing materials and graphics for planning meetings. Provided computer assistance, in -house network management, daily data backups, set up workstations for new employees, and troubleshooting of minor problems. EDUCATION AND TRAINING ASSOCIATE DEGREE IN SPECIALIZED TECHNOLOGY PITTSBURGH TECHNICAL INSTITUTE Emphasis in Building Construction, Mechanical, Electrical and Piping and Site Development. Professional Development Rainbird Academy Irrigation Training Classes; Landscape Drip Design, Advanced Irrigation Design, Landscape Irrigation Design, and Irrigation Pump Systems Training Pittsburgh, PA CERTIFICATIONS Florida Certified Horticulture Professional, Florida Nursery, Growers, and Landscape Association Certified Drafter, American Design and Drafting Association AFFILIATIONS Florida Nursery, Growers, and Landscape Association American Design and Drafting Association LL ru O (U) 4- O V L 0 o a) a) U C9 'e t u_ a ti 0 N C O En o M N Q) o x a c 0 w d U CITY OF HOME OF PELICAN ISLAND PRESS RELEASE The City of Sebastian is accepting applications for an expired, regular member and expired alternate member positions on the Planning Zoning Commission. Interested individuals must have resided in Sebastian one year prior to application. These are three year, volunteer positions. In the event Council fills the position with an alternate member, Council may chose one of the applicants to fill the alternate position. APPLICATIONS ARE AVAILABLE IN THE CITY CLERK'S OFFICE, CITY HALL, 1225 MAIN STREET, SEBASTIAN, BETWEEN THE HOURS OF 8:00 AM AND 4:30 PM OR ON WWW.CITYOFSEBASTIAN.ORG APPLICATIONS WILL BE ACCEPTED UNTIL JANUARY 19 2011. C ifq I MEMBER NAME AND ADDRESS APPOINTMENT HISTORY [MOST RECENT HISTORY FIRST] CURRENT STATUS TERMS COMPLETE( Greg Hepler 1291 Barber Street Sebastian, FL 32958 413-8768 Took Blais' unexpired regular member position 12/16/09 Appointed Altemate 6/25/08 Term to expire 11/1/2011 Charles Cardinale 474 Thomas Street Sebastian, FL 32958 918 -8629 Reappointed 4/9/08 Took Celli's regular member position on 4/26/06 Term to expire 4/1/2011 Larry Paul Chair 1701 Sunset Lane Sebastian, Florida 32958 LPau12552(aol.com Reappointed 5/14/08 Reappointed 5/11/05 Took Blessing's unexpired regular member position 4/28/04 Term to expire 5/1/2011 388 -0937 Keith Srinivasan 1024 Landsdowne Sebastian, FL 32958 5thSrinivasanbellsouth. net Took Mahoney's unexpired regular member position 5/11 4/08 Term o expire 2/1/2011 f 532-0695 William Simmons 509 Drawdy Way Sebastian, FL 32958 589 -9826 Reappointed regular member position 5/27/09 Took Mr. Smith's unexpired regular member positions 2/22/06 Reappointed altemate member position 1/12/05 Took Seeley's Unexpired Altemate Member Positions 1/28/04 Term to expire 6/1/2012 1 term Joel Roth 1984 E. Lakeview Drive Sebastian, FL 32958 joelrothmsn.com Re- appointed 5/12/10 Took Buchanan's unexpired regular member position 1/27/10 Term to expire 5/1/2013 589 -6894 Ed Dodd Vice Chair 906 Fleming Street Sebastian, FL 32958 eddodd Reappointed 11/17/10 Took Allocco's unexpired regular member position 12/12/07 Term to expire 11/1/2013 388 -5440 David Reyes altemate 458 Oak Street Sebastian, FL 32958 dreyes a(� millerlegq.com Took Neuberger's unexpired altemate member position 7/14/10 Term to expire 11/1/2013 589 -8661 Domenic Durr altemate 542 Quarry Lane Sebastian, FL 32958 ddomf an hotmail.com Appointed 12/16/09 Term to expire 1/1/2011 i (412) 381 -1701 PLANNING ZONING COMMISSION 3 -YEAR TERMS MEETS 1ST AND 3RD THURSDAY OF EACH MONTH 7:00 P.M. Staff Liaison Growth Management Director Subject: Parking Study Agenda No. Department Origin: City Manager Finance: A ro or Submittal by: City Attorney: A j i! �7 /l City Clerk: T' f Date Submitted: 20 JAN 11 .(7F '-r, City Manager Council Date: 26 JAN 11 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: N/A N/A N/A air a SLDASTIA,N HOME OF PELICAN ISLAND AGENDA TRANSMITTAL Outlier Planning has completed a final draft of the Parking Study commissioned by City Council. This item is placed on the 26 JAN 11 meeting agenda for Council review and direction. Attached hereto is a black/white copy of the report. An electronic link has also been sent to Council so you can view the entire document in color. http:// www. outlierplanning .com /PDF /Riverfront Parking Study Final.pdf Seek direction from Council. SUMMARY RECOMMENDATION I