HomeMy WebLinkAbout08102011 AgendaHOME OF PELICAN ISLAND
SEBASTIAN CIN COUNCIL
AGENDA
REGULAR MEETING
WEDNESDAY, AUGUST 10, 2011
- 6:30 P.M.
ClTY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE ClTY CLERK
1225 MAIN STREET, SEBASTIAN, FL OR ON THE ClTY WEBSITE
Procedures for Public Input are Attached to the Back of the Agenda
1. CALL TO ORDER
2. INVOCATION
- Rabbi John Goldring, Congregation Beth El
3. PLEDGE OF ALLEGIANCE - Led by Council Member Coy
4. ROLL CALL
5. AGENDA MODIFICATIONS
Modifications and additions require unanimous voted 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.
A. Certificates to Stephan Cafasso and Jason Heilfurth for Lifesaving Efforts
B. Certificates of Appreciation to Charter Review Committee Members
C. Proclamation
- Patriot Day, September 11, 201 1
Brief Announcements
7. CONSENT AGENDA
All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate
discussion of consent agenda items unless a member of 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 hidher hand
to be recognized.
pgs 8- 17 A. Approval of Minutes - July 27, 201 1 Regular Meeting
8. COMMITTEE REPORTS & APPOINTMENTS
City committee reports and Council Member regional committee reports. No public input or action except for City
committee member nominations and appointments under this heading.
9. PUBLIC HEARINGS - none.
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10. UNFINISHED BUSINESS
pgs 18-23 A. Update - FYI2 Employee Health Care Program (Administrative Services
Transmittal)
pg~ 24-26 6. Update - Presidential Streets Project (City Manager Transmittal, Plans)
pgs 27-51 C. Update - US Highway 1 Project (City Manager Transmittal, Plans, FDOT
Correspondence)
11. PUBLIC INPUT
(see back of agenda for procedures - public input is five minutes per person unless extended by majority of
Council)
12. NEW BUSINESS
pg~ 52-79 A. Update - FYI2 Capital Improvements Program
pgs 80-98 6. First Reading Ordinance No. 0-1 1-17 - Fire Arms Regulation - Set Public
Hearing for Sept. 7, 201 1 (City Attorney Transmittal, 0-1 1-1 7, Applicable State
Laws, Newspaper Article, Magazine Article)
AN ORDINANCE OF THE ClTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
DELETING REFERENCES TO DISCHARGING FIREARMS, AMENDING SECTIONS 18-1
AND 70-3 OF THE CODE OF ORDINANCES OF THE ClTY OF SEBASTIAN, FLORIDA,
REPEALING CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND AN
EFFECTIVE DATE.
13. ClTY ATTORNEY MATTERS
14. ClTY MANAGER MATTERS
15. ClTY CLERK MATTERS
16. ClTY COUNCIL MATTERS
A. Mayor Hill
6. Vice Mayor Wright
C. Council Member Coy
D. Council Member Gillmor
E. Council Member Wolff
17. ADJOURN (All meetings shall adjourn at 10:OO p.m. unless extended for up to one half hour by a majority
vote of City Council)
All City Council meetings are aired live on Comcast Channel 25 and streamed live on the City website
www.cityofsebastian.orq
Hearing assistance headphones are available in the Council Chambers for all government meetings.
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)
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IN COMPLIANCE WlTH THE AMERICAN WlTH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A
SPECIAL ACCOMODATION FOR THlS MEETING SHOULD CONTACT THE CITY'S ADA
COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THlS MEETING.
Upcominq Meetinqs:
Monday, August 22 - 5:30 pm - Special MtgMshp on Proposed Budget
Wednesday, August 24 - 6:30 pm - Reg. Meeting
Wednesday, September 14 - 6:30 pm - Reg. Meeting
Monday, September 19 - 5:30 pm - lS' Millage/Budget & CIP PH
Wednesday, September 28 - 5:30 pm - CRA Meeting
Wednesday, September 28 - 6:30 pm - Final MillageIBudget Hearing
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PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION R-09-45
Regular City Council Meetings a:
4 Consent Agenda
4 Public Hearings
4 Unfinished Business
4 New Business
4 Public lnput
Public input is NOT ALLOWED under the headinqs:
4 Proclamations, Awards, Brief Announcements (except for individuals giving or accepting
proclamations or awards);
4 Committee Reports and Appointments (except for committee members giving reporfs and
applicants being interviewed for committee appointments);
4 City Council Matters
4 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
lnput on agenda items where public input is permitted on agendas is FIVE MINUTES; however,
City Council may extend or terminate an individual's time by majority vote of Council members
present.
lnput Directed to Chair
S~eakers shall address the Citv Council IMMEDIATELY PRIOR TO ClTY COUNCIL
DELIBERATION of the agenda item and ALL INPUT SHALL BE DIRECTED TO THE CHAIR,
unless answering a question of a member of 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.
Appealina 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 lnput Heading on Anenda
The heading on Regular Meeting agendas "Public Input" provides an opportunity for individuals to bring
NEW INFORMATION OR REQUESTS TO ClTY COUNCIL NOT OTHERWISE ON THE PREPARED
AGENDA. lndividuals are asked to attempt to resolve matters with staff prior to meetings. lndividuals 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 lnput but may by consensus direct a
Charter Officer in regard to the item if necessary or place a requested item on a future agenda.
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SEBASTIAN 1201 Main Street
POLICE Sebastian, FL 32958
DEPARTMENT (772) 5895233 FB A 589-2207 (24 hr 1
J. Michelle Moms, Chief of Pol~ce Adrnin. Few # 772-3852 872
COMMENDATION
DA TE: July 1 7,201 1
NAME: Stepkan A. Ca fmso Jr. CLASSIFICA TION: Citizen
POOOOQ0000--0
On July 17'~, at approximately 10:15 pm the Sebastian Police Department responded to a
single car crash aht the Sebastian Yacht Club boat ramp. The vehicle was occupied by the
driver, Joseph A. Staedelin, and his wife, Evelyn N. Staedelin. Mr. Staedelin, who was
unaware of his surroundings, became disoriented and drove his vehicle into the Indian
River. The vehicle flouted beyond the south side of the dock before it fully submerged. Mr.
Staedelin was able to exit the vehicle and reach safety, but Mrs. Staedelin remained
trapped in the vehicle as it submerged. Both Stephen Caf asso Jr. and Jason Hcilfurth saw
that the vehicle was submerged and were advised Mrs. Staedelin was still inside of the
vehicle. Both young men bravely jumped into the water and found Mrs. Staedelin still
trapped in the passenger side of the vehicle. Working diligently together. Mr. Cafasso and
Mr. Heilfurth were able to extract Evelyn from the fully submerged vehicle, and assist her
to safety. Indian River Fire Rescue responded to the scene and administered first aid for
the near drowning. After stabilizing Mrs. Staedelin, she was transported by helicopter to
Longwood Medical Center where she remained in ICU for several days.
Due to the brave and unselfish act of Stephen Cofasso Jr. and Jason Heilfurth, Evelyn
Staedelin's life was spared.
Recommended By (S_ignature)
<x+-, &-= d-4- -
Endorsed By (Deputy Chief)
DISTRIBUTION:
Person Commended
Media Reading File
-dJ
Chief of Police
5 of 98
SEBASTIAN 1201 Main Street
POLICE Sebastian, FL 32958
DEPARTMENT (772) 589-5233 Fax # 58S2207 (24 hr.)
J. M~chelle Morris. Chief of Polrae
Admin. Fax # 772-36&1872
COMMENDATION
DATE: JuIy 1 7,201 1
NAICfE: Jason P. IIriv~rth CLASSIFTCA TIOM Citizen
QOQOOOOOOOQOOOOOOOOOOO000000000000000
On July lTh, at approximately 1015 pm the Sebastian Police Department responded to a
single car crash at the Sebastian Yacht Club boat ramp. The vehicle was occupied by the
driver, Joseph A. Staedelin, and his wife, Evelyn N. Staedelin. Mr. Staedelin, who was
unaware of his surroundings, became disoriented and drove his vehicle into the Indian
River. The vehicle floafed beyond the south side of the dock before it fully submerged. Mr.
Staedelin was able to exit the vehicle and reach safety, but Mrs. Staedelin remained
trapped in the vehicle 4s it submerged. Both Stephen Cafasso Jr. and Jason Heilfurth saw
that the vehicle was submerged and were advised Mrs. Staedelin was still inside of the
vehicle. Both young men bravely jumped into the water and found Mrs. Staedelin still
trapped in the passenger side of the vehicle. Working diligently together, Mr. Cafasso and
Mr. Heilf urth were able to extract Evelyn from the fully submerged vehicle, and assist her
to safety. Indian River Fire Rescue responded to the scene and administered first aid for
the near drowning. After stabilizing Mrs. Staedelin, she was transported by helicopter to
Longwood Medical Center where she remained in TCU for several doys.
Due to the brave and unselfish act of Stephen Cafasso Jr. rmnd Jason Heilfurth, Evelyn
Staedelin's life was spared.
Recommended Ry Signature)
LA
DISTRIBUTION:
Person Commended
Media Reading Piie
Endorsed By (Deputy Chief)
fi/2
Chief of Police
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Patriot Day
Seatember 11,2011
WHEREAS, ten years ago, more than 3,000 innocent people lost their lives when a calm
September morning was shattered by terrorists driven by hatred and destruction; and
WHEREAS, on that day, and in its aftermath, we saw the greatness of America in the bravery
of victims; in the heroism of first responders who laid down their lives to save others; in the
compassion of people who stepped forward to help those they had never met; and in the
generosity of millions of Americans who enriched our country with acts of service and
kindness. Since that day, we have seen the greatness of America further demonstrated in
the courage of our brave men and women in uniform who have served and sacrificed in
Afghanistan, in Iraq, and around the world to advance freedom and prevent terrorist attacks
on America: and
WHEREAS, as we remember September 11, 2001, we reaffirm the vows made in the earliest
hours of our grief and anger. As liberty's home and defender, America will not tire, will not
falter: and will not fail in fighting for the safety and security of the American people and stay
a world free from terrorism. We will continue to bring our enemies to justice or bring justice
to them. This Patriot Day, we hold steady to this task; and
WHEREAS, by a joint resolution approved December I 8, 2001 (Public Law 107-89), the Congress
has designated September 1 1 of each year as "Patriot Day", and the President of the United
States has proclaimed September 11, 201 1 as "Patriot Day";
NOW, THEREFORE, 1, Jim Hill, Mayor of the Sebastian, Florida, do hereby proclaim September
11, 201 1 as Patriot Day and call upon the people of the United States to observe this day
with appropriate ceremonies and activities, and call for government officials and citizens to fly
the flag at half-staff on this day and observe a moment of silence beginning at 8:46 a.m.
eastern daylight time to honor the innocent victims who lost their lives as a result of the
terrorist attacks.
IN WITNESS WHEREOF, I have hereunto set my hand this tenth day of August, 201 1.
Mayor Jim Hill
City of Sebastian
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HOME OF PELICAN ISLAND
SEBASTIAN CITY COUNCIL
MINUTES
REGULAR MEETING
WEDNESDAY, JULY 27,201 1 - 6130 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. The invocation was given by Rev. Paul Steinke, Tabernacle Ministries
3. Counc~l Member Wright led the Pledge of Allegiance.
4. ROLL CALL
Citv Counc~l Present:
Mayor Jim Hill
Vice-Mayor Don Wright
Council Member Andrea Coy
Council Member Richard H. Gillmor
Council Member Eugene Wolff
Staff Present:
City Manager, Al Minner
City Attorney, Robert Ginsburg
City Clerk, Sally Maio
Deputy City Clerk, Jeanette Williams
Community Development Director, Joseph Griffin
Finance Director, Ken Killgore
Deputy Police Chief, Greg Witt
MIS Senior Systems Analyst, Barbara Brooke-Reese
5. AGENDA MODIFICATIONS
Modifications and additions require unanimous vote of City Council members
None
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.
Brief Announcements
Mr. Wright announced the Sebastian River Area Chamber of Commerce Light
Up
Your Grill Night on August 5'" from 5:30 pm to 8 pm. 8 of 98
Regular City Council Meeting
July 27, 201 1
Page Two
Mayor Hill announced an Indian River County Staff Workshop in Sebastian City Counc~l
Chambers on August 23, 201 1 at 6:30 pm for public information on County redistricting,
attended by GIs Manager, Will Rice, Supervisor of Elections, Leslie Swan and County
Attorney Alan Polackwich.
7. CONSENT AGENDA
All items on the consent agenda are considered routine and vhll be enacted by one motion. There vdl 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 hidher hand to be recognized.
A. Approval of Minutes - 7/1311 1 Regular Meeting
MOTION by Ms. Coy and SECOND by Mr. Wright to approve the consent agenda
passed with a voice vote of 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.
Ms. Coy requested an item on the next possible agenda to invite Senior Resources
Association Director Karen Deigl to give Council an overall picture of the state of SRA
programs.
Mayor Hill reported on this week's Mayors' meeting, and their efforts to obtain a PEP
reef model by fall of this year, cited their discussions with Indian River County which is
also focused on this and said the Engineer will report back to the Mayors so there is no
duplication of effort, stating something new must be done before the sand is gone.
Mayor Hill congratulated Council Member Gillmor and the Treasure Coast Regional
League of Cities on its recent luncheon meeting at Fisherman's Landing, noting he had
heard from leaders of other communities who were impressed with the project, and said
this was a good opportunity to showcase what the City is about.
9. PUBLIC HEARINGS - none.
10. UNFINISHED BUSINESS
A. Use of Parks Requested by Council Members - Carried Over from 711 311 1
Meeting (Citv Manager Transmittal)
Mayor Hill noted this item had been requested by Council Members Gillmor and Coy and
asked them to start out the discussion.
Ms. Coy said her concerns had been expressed before and focused on large groups
being able to rent the entire park for $200 and unless Council can show some sort of
safety hazard or other reason, Council cannot refuse. She said her intent with the
pavilion was to provide other specific areas that groups can rent throughout the City
without using the entire Riverview Park. She suggested drawing a line and only allowing
the Craft and Art shows and the other current large City sponsored events to use the
whole
2 9 of 98
Regular City Council Meeting
July 27, 201 1
Page Three
park. She asked how we can say no to requests for alcoholic beverages if someone
else asks.
Mayor Hill noted the Home Show is not City sponsored but is a large event that is
allowed alcoholic beverages. He said he did not agree that Council would have to allow
future groups, and if Council is concerned they can always say no. He asked for
confirmation from the City Attorney who said he thought they could say no.
Mr. Gillmor said his concerns were the same, that the park was used by a lot of folks and
anyone can rent the park for $200 and could have alcoholic beverages. He said he
reviewed Vero Beach rules and they are far more stringent than ours and a person had
to jump through hoops to get approval.
Ms. Coy noted Vero Beach's pavilion cost is $800 to $1 000, and that Under the Oaks will
be requesting alcoholic beverages this year.
Mr. Gillmor said our large events draw upwards of 1000 people and that quashes
ancillary use by others, noting that during the Art and Craft monthly shows they do not
use the entire park, so that other areas are available. He said if you want to consume
alcohol there are a lot of places on the riverfront you can do that.
Mayor Hill said again he thought Council had the discretion to say no.
Jim Sunnycalb said many people bring beer into the park on a daily basis, and Council
should either prohibit alcohol or not.
Damien Gilliams said it would send a bad message that certain groups are allowed and
others are not, and they were being selective by supporting their supporters, said if they
allow in one park they should allow in all parks, said liquor licenses for small businesses
are expensive and non-profits in parks don't need them, and said either all users should
be allowed alcohol or none to be consistent and fair.
Mr. Wright said that Riverview Park is used for lots of events and it is getting to a point
where we need to keep the park available for the public to use instead of leasing it out,
noted last year's effort to revise the policy which resulted in only slightly higher fees. He
said the bigger events take parking, ramp use; and said this is a disservice to the
businesses and public by tying up that area. He said the smaller events don't seem to
cause a problem and perhaps we can restrict the over 100 users and then the public
won't be shut out of parking.
Mr. Wolff said he was hearing two different issues: first we are concerned that regular
folks, such as artists and craft people are okay but it is other people we are concerned
about, that other members are talking about theoretical issues and asked how the public
would feel out of place or threatened. He said grandfathering the current events for
everyone who used the park in the past and limiting to City sponsored events doesn't
sound sensible, that he would think the businesses in the area like large events, and
asked how we separate regular folks and other folks. He then said the second issue is
alcohol, that we say anyone can rent for 5200 and bring a keg! noting that would not be
possible unless someone wanted a visit from the police. He asked are we going to allow
alcohol or not, that when we start being selective: as to who is qualified and who is not
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Regular City Council Meeting
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Page Four
we get into a gray area, and if they don't meet criteria, then Council can deny the alcohol
request easily. He said what is in place is working well, and asked were Council
members' telephones ringing from people who feel shut out of the park, saying he
bumps into folks who are proponents of events and the public in general is not saying
they like to stroll but there are way too many festivals going on.
Mayor Hill said there is nothing sinister at hand to keep people out of parks, Council is
only questioning how many large events we want to hold.
The City Manager provided data to how the events for the last year (see attached), and
provided history on how alcoholic beverage requests came piecemeal to Council,
starting with the Clambake festival, then Fine Art and Music Festival, then Rotary which
is not a City sponsored event; then 4'' of July and then the Pelican Island Wildlife
Festival, and then the Latin festival came up and prompted discussion that maybe use of
the park is getting out of control.
Mayor Hill again said Council has the discretion to deny and Ms. Coy said she did not
agree.
The City Attorney said with issues like this, Council needs to have discussion without
fences that impair that discussion. Mayor Hill asked if Council had deemed the Latin
Festival not a fit for the park, would they have had the discretion to say no. 'The City
Attorney said he thought the reason that Council could say no was based on the
potential massive group of people anticipated, traffic, parking and police issues, and that
Council is allowed to discuss and base decision on those things. He said he was not
sure Council knew of the parks' capacity, but with alcohol requests, Council has
discretion.
Mayor Hill asked if Council would have the discretion to deny as an example a group of
201 bikers and the City Attorney said yes. IVlayor Hill said when he was on Council, the
important thing was the City sponsorship.
Discussion continued relative to the possibility of large group requests getting out of
hand, increased fees: the fact that rental of pavilion does not automatically allow
consumption of alcohol, that Council approval is required for alcoholic beverage
consumption in parks; that when events get large they do impact parking and boat
ramps, the question of whether the entire park should be rented for other than City
sponsored events, suggestion to go back to alcohol only for City sponsored events, and
the question of who the City sponsors.
Mr. Wolff thanked the City Manager for the information and said it shows only five
weekends out of 52 with major events, that concerns expressed are imaginary, and
asked if we go to sponsorship what dces it entail, noting he is okay with sponsorship but
it must be well-defined.
Mayor Hill said this is a good discussion and he would like Council to ask the City
Attorney to bring back an ordinance to change the rule on alcohol back to requiring that
it be only at City sponsored events and define what that means.
Ms. Coy asked that Council consider that we focus on identifying specific rental areas.
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Regular City Council Meeting
July 27: 201 1
Page Five
MOTION by Ms. Coy and SECOND by Mr. Gillmor to include that
Mr. Wolff asked if he rented the park for $200: what prevents 200 others from showing
up and Mayor H~ll said nothing. Mr. Gillmor said for the Art and
of the park can still be rented out and used.
The motion passed with a voice vote of 4-1. (Hill-nay)
Mr. Wright recommended having the City Manager and City Attorney bring back wording
that used to exist for sponsored events and there was consensus. He said according to
the material provided by the City Manager, the number of weekends we use in Riverview
is actually
33 which is different than five.
B. Location of the Pavilion (City Manager Transmittal, Location Pictures)
The City Manager reported that the Parks and Recreation Committee met again on July
25:"; ranked the proposals provided to Council and ultimately voted 4-2 to recommend
Schumann Park south of the restrooms.
MOTION by Mayor Hill and SECOND by Ms. Coy to approve the Parks and Recreation
recommendation.
Damien Gilliams said Council needs to remove the recreation tax from his bill! and Ms.
Coy called a point of order.
Mr. Wright said Council is deciding the location of the pavilion.
Mayor Hill decided to let him speak since Council is deciding the issue of money and
asked Mr. Gilliams to direct his comments to the Chair.
Mr. Gilliams continued that we should get rid of the recreation impact fee and let special
events pay for projects, and we should fix streets.
The City Manager clarified for Council that the recreation impact fee was paid at time of
new construction and not a tax on existing homes.
Result of Roll Call
Ayes: All
Nays: None
Passed 5-0
11. PUBLIC INPUT
Jim Sunnycalb and Scooby addressed Council on the
2" anniversary event at the Bark
Park on August 6th from 9 am to 7pm, and requested people bring donations for Halo
and the Humane Society. He announced the grand opening of the Humane Society
facility at the Indian River Mall on August ISt, said he and his son sponsor the Bark Park
website, and announced Bark Park Committee meetings on the second Tuesday of each
month
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Regular City Council Meeting
July
27, 201 1
Page Six
at the Yacht Club. He said his website has had 42,000 hits, and Bark Park took top
honors for their float in the 4'"f July parade which was videotaped by the Carsons and
is on the website.
Linda Carlson and Executive Director Don Brezynski of Cross Life International Church,
a faith based organization which has run a non-profit counseling center for the past 18
years, invited the public to their Family Jamboree in Hobart Park on October
8th: at no
charge and run on donations. Ms. Carlson described the event as an effort to assist
local people who are hurting and focus on local civic groups and businesses as vendors
to keep the proceeds within Indian River County. She said they had presented before
Fellsmere and partnered with the School Board, and said this is a real opportunity for
Sebastian businesses to get involved. She said all proceeds go toward underwriting their
counseling program.
Mayor Hill extended her five minutes, but she said she was just about done, and asked if
she could leave flyers and cards in City Hall to promote the event and reach out to the
community. She was wished well and Council agreed to let the City hand out materials.
Damien Gilliams asked Council to consider a citizens academy to save costs, read from
an article about cities using volunteers in USA Today, said leadership grants and
corporate donors are available. He asked the City Clerk to make copies of the article for
Council members. He recommended promoting Sebastian real estate with aerial shots of
the inlet and other areas; working with Fellsmere to promote their fishing, and promote
local schools. Mr. Gillmor said we are doing most of that promotion now using google
and Channel 25. The City Manager cited the new retirement and economic development
websites, City volunteers already on board, and said committees are cleaning spoil
islands.
Mayor H~ll called recess from 8 pm to 8 12 pm All members were present J
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12. NEW BUSINESS
A. DR-420 Certification to Set Proposed Milla~e Rate (Administrative Services
Transmittal, Forms DR-420, DR-420MM-P, DR-420 TIF)
The City Manager recommended 3.3041 mills to be certified to the Property Appraiser
for the TRIM notices, which represents a 10.8 Oh decrease in taxes for most.
MOTION by Ms. Coy and SECOND by Mr. Wright to approve staff recommendation to
set the maximum millage at 3.3041 mills.
Damien Gilliams said he was confused because he is reading that property values have
dropped, asked Council to remove the FPL tax on bills which comes to the City,
commended the City Manager for holding the line, questioned two employees receiving
$8:000 increases, and said this does not take into account benefits costs.
Ms. Coy said franchise fees represent 13.6% of the general fund budget. The City
Manager said when we renewed our franchise fee with FPL, the first thought was to
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Reguiar City Council Meeting
July 27, 201 1
Page Seven
purchase the franchise, but because our agreement did not have that option, we kept 6%
which is equal to $1.28M based on gross sales, and we projected upward because FPL
has requested an increase before the Public Service Commission.
He said as to the employees after cutting department heads and reorganization, Joe
Griffin was given an increase of approximately $8,000 to become director of Community
Development with four divisions, Building Department, Planning and Zoning, Economic
Development and Airport, noting his salary is now the same as the former Growth
Management Director's salary was for one department, cited reorganization of
Administrative Services, and said the Chief of Police and Deputy Chief have taken on
added responsibility due to the retirement of two and potentially three command staff
positions. He said all of this was done under his authority as City Manager and he will
give more detail during budget review.
Mr. Wright reported on his attendance at Budget Review meetings, cited sound
budgeting and said this sends the message that millage won't increase.
Discussion followed as to the action being taken at this time, to merely cap the millage at
a not-to-exceed amount under Florida Statute requirements for the TRIM (Truth In
Millage). The City Manager reiterated we are not setting the millage at this time, but
rather will do so during September hearings when the final millage is set as required by
law, at which time we will not be able to go above 3.3041 mills. He said the biggest
expense is personnel and we are pretty close to knowing the benefits' costs, cautioning
the Property Appraiser could come in with a slightly lower valuation as last year.
Ms. Coy noted this amount is below the rolled-back rate and Mayor Hill congratulated
staff and reiterated this represents an 11 % cut in taxes.
Result of the roll call vote:
AYES: All
NAYS: None
Passed 5-0
€3. New Citv-Wide Phone Svstem (MIS Transmittal, Preliminarv RFP. Specs, DST
Fund Balance)
The City Manager said this purchase in the amount of $60,000 from DST funds as
recommended by MIS is long overdue and will cut high phone maintenance costs for
future years once in place. He said if approved an RFP will go out and he will come
back in September for final approval and then there will be a 60 day setup time.
MOTION by Mayor Hill and SECOND by Mr. Gillmor to approve the process to procure
the new phone system.
Damien Gilliams said this was long overdue and asked if there was a component for
recording all calls to City Hall, and the City Manager confirmed it was in the package. Mr.
Gilliams said perhaps grant money could be sought.
14 of 98
Regular City Council Meeting
July 27: 201 1
Page Eig hi
DRAFT
In response to concerns expressed by Mr. Wolff about the proposed voice over internet
protocol system rather than hard wired and whether anyone else in government was
using it, Ms. Brooke-Reese noted that as far as external calls no, but the current
Siemens system is a hybrid and internal calls are currently VolP. Mr. Wolff said if we
knew where it was being used we could ask how it is working cr could piggyback the
purchase. He advised that after the RFPs come in, staff go see a working system and
approach with some reservation.
Result of the roll call vote:
AYES: All
NAYS: None
Passed 5-0
C. Resolution No. R-11-15
- Callinq November 8, 201 1 Election (City Clerk
Transmittal, R-I 1-15)
A RESOLUTION OF THE ClTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, CALLING A
GENERAL ELECTION IN THE ClTY OF SEBASTIAN FOR NOVEMBER
8, 2011; STATING
WHERE THE ELECTION SHALL BE HELD, NAMING THE OFFICES TO BE FILLED AND
QUESTIONS TO BE DECIDED; CAUSING THE NOTICE OF ELECTION TO BE PUBLISHED IN
ACCORDANCE WlTH FLORIDA LAW; DELEGATING ADMINISTRATION OF THE GENERAL
ELECTION IN MATTERS RELATING TO VOTERS, VOTING METHODS, AND CANVASSING TO
THE SUPERVISOR OF ELECTIONS FOR INDIAN RIVER COUNTY IN ACCORDANCE WlTH
INTERLOCAL AGREEMENT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
MOTION by Mr. Wright and SECOND by Ms. Coy to approve Resolution No. R-11-15
passed on a voice vote of 5-0.
D. First Readinq - Ordinance No. 0-1 1-16 - Political Siqns (Citv Attorney's Office.
0-1 1-1 6, Excerpt from Law Journal, Press Journal Article)
AN ORDINANCE OF THE ClTY OF SEBASTIN, INDIAN RIVER COUNTY, FLORIDA,
ENLARGING THE TIME DURING WHICH POLITICAL SIGNS MAY BE POSTED: AMENDING
SUB-SECTION 54-3-16.5(e)(4)d OF THE LAND DEVELOPMENT CODE OF THE ClTY OF
SEBASTIAN, FLORIDA, REPEALING CONFLICTING PROVISIONS; PROVIDING FOR
SEVERABILITY AND AN EFFECTIVE DATE.
The City Attorney read Ordinance No. 0-1 1-16 by title, thanked Council for the authority
to bring the ordinance back to them after it was previously rejected, and noted there
were no changes since the last version. He said if Council moves the ordinance
through to second reading, he will put forward a legislative finding to give it more
credence. He said even though it may seem that they are actually going from 30 days to
75 days, in light of the waiver that was in effect for three years, they are going from no
time restriction to 75 days. He said that there are some things that Council has no
control over, noting at their next meeting he will ask Council to repeal firearms provisions
in their Code due to recent State legislative action to ease firearms restrictions.
He asked Council to consider this ordinance to protect themselves from future
challenges, noted 60 days will not withstand scrutiny: and they are currently set at 30
days. He said he had provided them with three cases to demonstrate what the courts are
dealing with in regard to constitutional law, on which grounds, they as governmental
officials, are limited. He asked them to at least pass on first reading and spend some
15 of 98
Regular City Council Meeting
July 27, 201 2 DRAFT
Page Nine
time reading the materials he provided; noting
75 days is a reasonable and logical basis
based on the City's qualifying period and has an excellent chance of being sustained. He
added that given the concerns this City has shown for it community aesthetics and
safety, the courts will know they have put time and money toward it and it was his feeling
the courts would look favorably on this time period. He further cited their easing of the
general sign code, citing that the courts do not look favorably on regulations based on
content.
MOTION by Mr. G~llmor and SECOND by Ms. Coy to pass Ordinance No. 0-1 1-16 on
first reading and set public hearing for August 24"
Damien Gilliams thanked the Attorney for the ordinance and keeping the City out of
litigation, and thanked Mr. Wolff on his vote against rejection the last time.
Mayor Hill said we may want to check the record on that.
(Editor's Note: it was Mr.
Gillmor who voted against rejection of the first ordinance)
IMayor Hill said he raised the most objections and those concerns have not gone away,
said Sebastian was special, respects and appreciates the City Attorney's advice, and our
hands may be tied.
Mr. Wright asked if there was any Florida law in regard to political signs and the City
Attorney said only for removal within 30 days after the elections, noting Sebastian's
removal time of five days was the shortest he was aware of. Mr. Wright then read from
examples he had obtained on the internet of various state laws which govern political
signs. He said this is a complicated subject, he was not happy to add signs in Sebastian,
asked if we need to consider changes to any of the other provisions in the Code, and
said he agreed with the logic of
75 days tied to the qualifying period.
In response to Mr. Wolff, the City Attorney said the number of signs allowed is not
addressed.
Ms. Coy said she would reserve comment and read the materials, noting she sees the
signs as trash on streets, but with respect to the City Attorney we probably have to
change.
Mayor Hill said he believed Sebastian is a special town with special circumstances.
Result of the roll call vote:
AYES: All
NAYS: None
Passed 5-0
13. ClTY ATTORNEY MATTERS
None.
14. ClTY MANAGER MATTERS
The City Manager reported on the US 1 improvement project; stating he would bring
back a construction contract in September, followed by a 60 day construction project;
and then reported on his discussions with FDOT on reducing speed limits on US 1.
9
16 of 98
Regular City Council Meeting
July 27, 201 1
Page Ten
The City Manager then said he would be requesting a CRA meeting on an update from
Neel-Schaffer on the Presidential streets project, citing one complaint from a Cleveland
Street property owner; preferably before the first August meeting. The City Clerk noted
the final Charter Review Committee meeting is scheduled at 5:30 on August 1 ot"rior to
the Council meeting.
(Editor's Note: Follov~ing the meeting, the City Manager scheduled the Neel-Schaffer
update to take place at a Council meeting)
The City Manager also reported on the proposed Cavcorp project, noting staff will be
working in August on engineering proposals, and thought it important to delay so we can
see how much money is available.
15. ClTY CLERK MATTERS
None.
16. ClTY COUNCIL MATTERS
A. Council Member Wolff
Mr. Wolff thanked the Clambake Foundation for their financial statements, noting the Art
and Music Festival financial statements are still due.
B. Mayor Hill
In response to Mayor Hill, the City Manager said the Grand Opening of Fisherman's
Landing is scheduled for fall, dignitaries will be invited, and Beth Mitchell is the Chairman
of the Opening Committee.
C. Vice Mavor Wriqht
None.
D. Council Member Coy
Ms. Coy announced that Indian River State College fall semester registration has begun
and the website is www.irsc.edu.
E. Council Member Gilw
None
17, Being no further business, Mayor Hill adjourned the Regular Meeting at 9:25 pm.
17 of 98
AGENDA TR
Subject: Employee Group Health
Insurance Update
idfor Submittal bv:
ANSMITTAL
Agenda No.
11.057
I Department Origin: Administrative
I services: AdK,L /h & -
Finance Director: cq &
City Clerk: 0
City Attorney:
Date Submitted: August 4,201 1
For Agenda of: August 10,201 1
SUMMARY
I
Exhibits: Health Insurance Renewal Evaluation
Health Reimbursement Account Information
Flexible Spending Account Information
Christian Bergstrom, Director of Analytical Services for the Gehring Group will be providing an update on the
City's Health Insurance Options for Fiscal Year 2012, and will be available for anyquestions.
EXPENDITURE
REQUIRED: N/A
As you will recall when Mr. Bergstrom presented the City of Sebastian "Health Plan Ovewiew and Updates" at
the April 27,20 1 1 Council Meeting, he explained that as a result of our excessive claims experience over the
past 12 months and the limited number of networks in our area, it would not be beneficial to pursue the RFP
process this year. As a reminder, the RFP process was completed last year for the group health, dental, vision,
long term disability and life insurance
Following are changes that will occur if this new plan is implemented:
AMOUNT BUDGETED:
N/A
J Single / Family Deductible- will increase by $1,000 1 $1,500 and become $1,500 I $3,000.
J Single I Family Out of Pocket Maximum - will increase by $1,000 1 $2,000 and become $3,000 I
$6,000.
J Copays for all services will be eliminatedand instead the employee will be responsible for the entire
discounted cost of the service, up to the deductible amount then 10% thereafter to the annual
maximum.
J The City will fund employees $750 annually and $1,500 annually for employees with dependents via a
medical debit card to help offset these plan changes.
J Employees will have the option to contribute funds into a Flexible Spending Account to receive tax
advantages.
APPROPRIATION
REQUIRED:
N/A
If the employee does not use ther entire medicaldebit card stipend by the end of the fiscal year: the monies
will be returned to the City's Health Insurance Escrow Account which will then be used to fund the HRA the
following year, andlor offset increases in future premiums.
This proposed plan is less expensive than the traditional plan historically offered to both the City and the
employees, and should provide savings in upcoming years. By eliminatingcopays and moving employees to
this high deductible plan, costs are more predicable and controlled as employees are encouraged to become
better health care consumers 18 of 98
City of Sebastian
Health Insurance Renewal Evaluation
Effective Date: October 1, 2011
(Current) Negotiated
50% after CYD 10% after CYD 40% after CYD
50% after CYD 10% after CYD 40% after CYD
50% after CYD 10% after CYD 40% after CYD
50% after CY D 40% after CYD
50% after CY D 40% after CYD
50% after CYD 10% after CYD 40% after CY D
50% after CY D 10% after CYD 40% after CYD
10% after CYD 40% after CYD
50% after CY D 40% after CYD
50% after CYD
50% after CYD 10% after CYD
Option 11 Option 2
50% after CYD 10% after CYD 40% after CYD
50% after CY D 40% after CYD
50% after CYD 40% after CYD
40% after CYD
50% after CY D 40% after CYD
2.5~ Retail Copay
19 of 98
City of Sebastian
Health Insurance Renewal Evaluation
GEH RINGA~GROUP
Effective Date: October 1, 2011
(Current) (Renewal)
llifetime Maximum Unlimited I Unlimited I Unlimited I
Deductible
Single
Family
Out of Pocket Maximum
Single
Family
Coinsurance
OfFke Visits
Physician Office Visit
Specialist Visit
Pre-Natal
Physical Exam Benefit
Independent Clinical Lab
Advanced Imaging
Chiropractic
Urgent Care Center
Hospital
Inpatient
Outpatient
Emergency Room Visit
Physician Services
Mental Health
lnpatient
Outpatient
Prescription Drugs
Generic
Brand Name
Non Preferred Brand
Tier 4
Mail Order (90 day supply)
Rates:
EE Only
EE + Spouse
EE + Child(ren)
EE + Family 15
Monthly Premium
Annual Premium
$ Increase
$500 $1,500
$1,500 $4,500
Includes DED, ~oins,land Copays Excl Rx
$2,000 $4,000
$4,000 $8,000
10% 50%
$20
$35
$35
$20 or $35
No Charge
$150
$35
$40
Option 11 Option 2
$6001 $900
$250/ $350
$150
$50
Option 11 Option 2
so / so
$0
50% after CY D
50% after CYD
50% after CYD
50% after CYD
50% after CYD
i 50Kafter CYD
50% after CYD
50% after CYD
50% after CYD
50% afier CYD
50% after CYD
$50
50% after CYD
50% after CYD
$10 50% after CYD
$30 50% after CYD
$50 50% after CYD
N/A N/A
2.5~ Retail Copay i N/A
$500
Sl,Soo
Includes DED, Coins
$3,000
$6,000
20%
$25
$60
$60
No Charge
No Charge
20% after CYD /
$60
$65
Option 11 Option 2 ,
20%afterCYD
20%after CYD [
$300
$100
Option
1/ Option 2
so / $0
$0
s 10
$30
$50
N/A
2.5~ Retail Copay
$1,500
$4,500
and Copays Excl Rx
$6,000
$12,000
50%
50% after CY D
50% after CYD
50% after CYD
50% after CYD
50% afier CYD
50% after CY D
50% after CYD
50% afier CYD
$3,000
50% after CYD
$300
$100
50% after CYD
50% after CYD
50% after CYD
N/A
N/A
Aggregate Family Deductible
$1,500 $3,000
$3,000 $6,000
Includes ~eductibje and Coinsurance
$3,000 $6,000
$6,000 $12,000
10% 40%
10Xafter CYD !
10%afterCYD f
10% after CYD i
No Charge
CYD
10% after CYD
10%after CYD j
10%after CYD /
Option 11 Option 2 ,
10%after CYD
10%after CYD )
lO%after CYD
10%after CYD /
Option 11 Option 2
10% after CYD /
10%afterCYD
40% after CYD
40% after CYD
40% after CYD
40% after CYD
40% after CYD
40% after CYD
40% after CYD
40% after CYD
40% after CYD
40% after CYD
10% after CYD
10% after INN CYD
40% after CYD
40% after CYD
CYD + $10 1 40%after CYD
CYD + $30 1 40% after CYD
CYD + $50 40% after CYD
N/ A N/ A
2.5~ Retail Copay N/ A
20 of 98
City of Sebastian
Employer Funded - Health Reimbursement Account (HRA)
For the plan year beginning October 1, 2011, the City will provide each active employee
enrolled in the BlueCross BlueShield of Florida medical plan with $750 for Single Coverage or
$1,500 for Dependent Coverage in a Health Reimbursement Account (HRA). This money is not
taxable to the employee and can be used to offset the cost of a expenses incurred under their
medical insurance plan for themselves and/or their dependents covered under the plan.
Examples of these expenses include deductibles, inpatient hospital stays, prescription drugs and
coinsurance expenses that generate an out-of-pocket cost to the employee.
How does the Health Reimbursement Account Work?
1. Sebastian contributes $750 annually to each employee who participates in the health
insurance plan. In addition, if you cover your spouse and/or child(ren), Sebastian will
contribute an additional $750 annually for a maximum of $1,500 annuallf.
2. These funds remain with Sebastian until they are actually claimed for reimbursement.
3. Employees will receive a debit card to pay for medical plan expenses. If a provider does
not accept a debit card, the user will pay the cost for the incurred expense at the time of
service and then claim reimbursement from the plan administrator. This reimbursement
is not subject to income tax.
4. Even employees that utilize the debit card may have to submit a claim form along with
the Explanation of Benefits from BlueCross BlueShield of Florida to validate expenses.
5. All claims must be filed within 90 days after the end of the plan year in order to claim
reimbursement. Any unclaimed funds at the end of the year will remain with Sebastian.
6. Employees that participate in the employee funded flexible spending account (FSA) will
utilize those funds prior to utilizing the HRA.
11 505 Fairchild Gardens Avenue, Suite 202, Palm Beach Gardens, FL 33410
Tel: (561) 626-6797 Fax: (561) 626-6970
21 of 98
The following examples illustrate the advantages of the health reimbursement account.
Example 1 -Employee Only Coverage Example 2 - Family Coverage
1 PCP Visit $40
1 Specialist Office Visit $250
1 Preferred Rx per month (12 x $480
$40)
Total Cost $770
HRA Annual Allocation $750
HRA Reimbursement $750
Out of Pocket Expenses $20
6 PCP Visits
2 Specialist Visits
3 Urgent Care Visits
3 Generic Rx per month (12 x
$10)
Total Cost
HRA Annual Allocation
HRA Reimbursement
Out of Pocket Expenses
1 PCP Visit
1 Urgent Care Visit
Total Cost $190
HRA Annual Allocation $750
HRA Reimbursement $750
Out of Pocket Expenses $0
12 PCP Visits
1 Specialist Visits
1 Urgent Care Visit
Rx per month (12 x $20)
Total Cost
HRA Annual Allocation
HRA Reimbursement
Out of Pocket Expenses
11 505 Fairchild Gardens Avenue, Suite 202, Palm Beach Gardens, FL 33410
l'el: (561) 626-6797 Fax: (561) 626-6970
22 of 98
Employee Funded - Flexible Spending Accounts (FSA)
In addition to the amount funded by Sebastian, you may elect to contribute a portion of your
before-tax income each pay period to either or both of the following types of flexible spending
accounts. This tax-free money is used to reimburse you for eligible unreimbursed expenses
incurred during the plan year by you and your qualified family members. The plan year runs
from October 1 through September 30. The following summarizes the two types of Flexible
Spending Accounts:
1. Health Care Reimbursement
This benefit allows an employee to set aside money from each paycheck to cover
services not covered by their medical or dental plan (i.e. deductibles, coinsurance,
orthodontia, prescriptions, dental, glasses) up to a maximum of $5,000. This can be
applied to unreimbursed medical expenses incurred by the employee, their spouse, and
children, regardless of whether or not they are covered under the employee's health
insurance plan.
2. Dependent Care
This benefit allows an employee to set aside a month from each paycheck for child-care
expenses (i.e. after-school care, day care, camp fees) up to a maximum of $5,000 filing
single or $2,500 filing jointly.
All selections are made for an entire year and no changes can be made during the plan year
except for qualifying events (i.e. birth, death, marriage, divorce, gaining a dependent, losing a
dependent, termination of employment, loss of coverage). Participants must re-enroll every
year during open enrollment. If, at the end of the plan year any funds remain unclaimed, they
will be forfeited ("use it or lose it").
Here's How It Works:
An employee earns $2,000 each month and decides to participate in the flexible spending
account. As a result, the insurance premiums, health & day-care expenses are paid with tax-
free dollars, giving the employee an additional $100 each month.
11 505 Fairchild Gardens Avenue, Suite 202, Palm Beach Gardens, FL 33410
Tel: (561) 626-6797 Fax: (561) 626-6970
Without the Plan
Gross Earnings $2,000
FICA, Federal, State Taxes -$500
Insurance Premium -$I 00
Health
& Day-care Expenses - $300
Net Earnings $1,100
With the Plan
Gross Earnings $2,000
Insurance Premium -$I 00
Health & Day-care Expenses -$300
Adjusted Gross Earnings $1,600
FICA, Federal, State Taxes -$400
Net Earnings $1,200
23 of 98
AGENDA TRANSMITTAL
SUMMARY
Subject:
Update - Presidential Streets
Through the CRA Goal Setting and Parking Survey processes, Council determined that
reconstructinglimproving the "Presidential Streets" was a priority. Toward that effort,
Neel-Schaffer was retained to develop engineered plans for the project. To date, Neel-
Schaffer has completed (1) geo-tech studies of existing baselsoil materials; (2) ROW
surveys; and, (3) preliminary design.
Agenda No.
/ /,/I 0 2-
Department Origin: Citv Manacles-
Administrative Srvc: 0 - h
City Attorney:
City Clerk:
Date Submitted: 3 AUG 1 1
Council Date: 10 AUG 1 1
At the August loth Regular Meeting Council will be requested to review the preliminary
design. The purpose of the review will be to:
(1) Seek Initial Input From Council;
(2) Inform Council of a Potential Design Modification - Stormwater Ditch vs.
Underground;
(3) Review Project Budget
- $310,000 - DST Funds;
(4) Set Further Study and Public Hearings - Prior to Project AuthorizationIBidding; and,
(5) Establish FY 12 DST Project Budget of $31 0,000.
~xjh6its: NS Plans
RECOMMENDATION
EXPENDITURE REQUIRED:
None at this Time
Staff seeks information to move forward project planning and requests that Council
establish an FY 12 $310,000 DST Project Budget.
AMOUNT BUDGETED:
Proposed $31 0,000 - FY 12 DST
FUND
APPROPRIATION REQUIRED:
$0
24 of 98
PROJECT BEGIN 10+DO
--- -o-uc,~mm~m~~-u
Q ---
I I ! I
I
I!... . , . I
!
I I ,..,
j ' I
! I,! i I I ~
,.,,, . .
!
,
, ... ..,
I
I
I i
I
I
1 \
'. .., . - - .~ -A-
(LA .
PROJECT END 13+06.81
25 of 98
PROJECT BEGIN 10+47 ---
PROJECT END 16+29.00
26 of 98
HOME OF PUIW ISLAND
AGENDA TRANSMITTAL
Update - US 1 Project - Asphalt Stamped Parkiqg
Areas
Subject:
brov d for Submittal by:
d"
Agenda No. I ( 00 3
I ~xbbits: SBS Plans. FDOT Correspondence
Department Origin:
Administrative Srvc:
City Attorney:
City Clerk:
Date Submitted: 3 AUG 11
Council Date: 10 AUG 1 1
SUMMARY
EXPENDITURE REQUIRED:
None at this Time
Through the CRA Goal Setting and Parking Survey processes, Council determined that improving
aesthetics and delineating additional parking along US 1 was a priority. Toward that effort,
Schulke, Bittle and Stoddard was retained to develop engineered plans for the project. Plans for
that project have been reviewed by Council in your CRA capacity.
After it was determined that irrigation posed financial problems to the "bump-out" concept,
Council determined that asphalt stamping be the higher priority. This concept would provide
additional aesthetics and "downtown" ambience to US 1 and highlight existing parking capacities.
AMOUNT BUDGETED:
Proposed $300,000 - FY 12 DST
FUND
To date, SBS has completed survey and design. Significant FDOT review was required for this
project and FDOT permit acquisition is eminent. As part of this project, US 1 speed limit was also
considered. If you recall when US 1 speed limit was last discussed - Spring 2010 - an FDOT
letter was reviewed by Council. In short, FDOT indicated that they may consider a US 1 speed
limit reduction as part of a larger project. Toward that regard, the office of the City Manager has
formally requested a speed limit reduction. FDOT has indicated that upon completion of this
project, they will conduct a follow-up study to make a determination. Enclosed for your review are
the project plans and FDOT correspondence.
APPROPRIATION REQLIIRED:
$0
A budget for the project was established in the FY 11. However, with CRA funds reducing,
through the FY 12 CIP process staff will be proposing a shift in funding for this project from the
CRA fund to the DST fund. Hence a $300,000 allocation in the DST FUND for FY 12 is
proposed.
At this time the bid process for the project has be let. Bid opening is set for August 31. This
timeline will bring a construction contract before Council at your September 14'~ meeting. Sixty
days is anticipated for construction, bringing the project to completion by the end of November.
RECOMMENDATION
Staff recommends that Council formally set an FY 12 DST appropriation for this project in the
amount of $300,000. 27 of 98
Florida Department of Transportation
CHARLIE CRlST
GOVERNOR
3400 West Commercial Boulevard
Fort Lauderdale,
FL 33309-342 1
March 29, 20 10
Mr. A1 Minner, City Manager
City of Sebastian
1225 Main Street
Sebastian, FL 32958
STEPHANIE C. KOPELOUSOS
SECRETARY
, -
State Section 88010; State Road 5 (US I/ Federal Highway) . . , . Subject: .. ~ ,.:L->, ,, ,<-%,. ,. .
City of Sebaslian 1 Request to Reduce Speed Limir
Dear Mr. Minner:
This is in response to your March 17,2010 request that the Department review the ides of changng the
posted speed limit on US l/Federal Highway within the city limits from CR 5 12 to the Sebastian River
Bridge.
The Department performed speed studies at 8 different locations on US 1 within the limits requested. The
data was collected on March 22, 2010 and is summarized in the table below:
(NB = northbound SB = southbound)
The 85' percentile speeds reflect speeds at which the majority of the motorists drive given prevailing
conditions. In addition to our review of driver's speeds, we reviewed crash history for the last three years
and we found no crash pattern attributable to speeding. While our speed zoning policy allows the speed
limit to be posted as much as 8 miles below the 85'" percentile speed, we believe the current posted speed
Location Number
1
2
3
@ RECYCLED PbPER
Location
Description
NB/CR512toMainSt
SBlCR512 toMain St
NB / Main St to Jackson
St
4 SB / Main St to Jackson 40
St
Posted Speed
40
40
40
5
6
851h Percentile
Speed
43
43
48
NB / Jackson St to
Roseland
SB / Jackson St to
Roseland
7 NB /Roseland to 45
45
45
8
48
49
SB / Roseland to
Sebastian River Bridge
45 48
28 of 98
Mr. A1 Minner, City Manager
March 29, 2010
Page 2
limit is realistic, enforceable and appropriate based on the 85"' percentile speed and the lack of speed
related crash history.
The Department is willing to lower the posted speed limit to 35 mph in the Downtown area of USlin
conjunction with a city or county project that would change the character of the roadway such as
landscaping. Please advise whether this is feasible.
If you have any questions, please contact me at (954) 777-4376 or e-mail at
jonathan.overton@,dot.state.fl.us.
Sincerely,
Jonathan M. ~vedn, P.E.
Assistant District Traffic Operations Engneer
District 4
cc: City of Sebastian - Richard H. Gillmor, Mayor
City of Sebastian - Jim Hill, Vice-Mayor
City of Sebastian - Eugene Wolff, City Council
City of Sebastian - Don Wright, City Council
City of Sebastian
- Andrea Coy, City Council
Michael Bienvenu, Ph.D., P.E., Director of Transportation Operations
Mark Plass, P.E., District Traffic Operations Engineer
Rick Mitinger, P.E., Assistant District Traffic Operations Engineer
Maria Gutierrez
Barbara Kelleher
Tykus Holloway
Jeff Weidner
Arlene Tanis
Section File
Tracker 10-029 19
29 of 98
Page 1 of 4
Alfred Minner
From: Alfred Minner
Sent: Thursday, July 28, 201 1 4:07 PM
To: 'Overton, Jonathan'
Cc: Joseph W. Schulke, P.E.; Geoffrey Barkett; Hoover, Marilda; O'Connor, Teresa
Subject: RE: ReSend - Request Speed Limit Reduction - COS US 1
Jonathan:
That is correct. Construction has NOT started. We'll get it started and complete. I will contact you then for
follow-up traffic study. If all goes to plan, that should be around Thanksgiving.
Al Minner
City Manager
City of Sebastian
From: Overton, Jonathan [mailto:Jonathan.Overton@dot.state.fI.us]
Sent: Tuesday, July 26, 2011 9:17 AM
To: Alfred Minner
Cc: Joseph W. Schulke, P.E.; Geoffrey Barkett; Hoover, Marilda; O'Connor, Teresa
Subject: RE: ReSend - Request Speed Limit Reduction - COS US 1
Ok. Sounds like the construction work in the Permit has not started. Please confirm. If this is the case, I will
wait until after that construction is complete and US 1 traffic returns to normal flow to conduct the follow-up
speed study.
Again, please let me know when the Permit project construction is completed so I can schedule the follow-up
speed study.
Thank you.
Jonathan M. Overton, P.E.
District Traffic Management Systems Engineer
Florida Department of Transportation
Toll Free 866-336-8435
Direct Line (954) 777-4376
Office Fax (954) 777-4398
From: Alfred Minner [mailto:aminner@CityOfSebastian.org]
Sent: Tuesday, July 26, 2011 8:26 AM
To: Overton, Jonathan
Cc: Joseph W. Schulke, P.E.; Geoffrey Barkett
Subject: RE: ReSend - Request Speed Limit Reduction - COS US 1
Jonathan -
On the follow-up speed study - The project is scheduled to go out to bid on August 1. With thirty days
advertisement time, a construction contract will be presented to Council by 14 September. Shortly thereafter,
Notice to Proceed will be issued. At this point, we are anticipating a 60 day construction time frame. That would
30 of 98
Page 2 of 4
have the project on-going from mid-september until end-November.
Based on how long the traffic study needs to occur, a window for "regular-traffic" flow will be from now (Julv
26) until September 14. The next window would open December 1st. If FDOT does the follow-up study now, I
can move back the start of the project to accommodate the traffic study.
With regard toward project limits, the project will take place between East-Bound 512 (south project limits) to
North Central (north project limits).
Thanks again for your help.
Al Minner
City Manager
City of Sebastian
From: Overton, Jonathan [mailto:Jonathan.Overton@dot.state.fl.us]
Sent: Monday, July 25, 2011 3:59 PM
To: Alfred Minner
Subject: RE: ReSend - Request Speed Limit Reduction - COS US 1
I want to schedule a follow-up speed study. For a valid speed study, vehicles need to be travelling along US 1 as
they would normally with no construction barricades, cones, etc. around. Side street names as end points are
perfect.
'thank you.
Jonathan M. Overton, P.E.
District Traffic Management Systems Engineer
Florida Department of Transportation
Toll Free 866-336-8435
Direct Line (954) 777-4376
Office Fax (954) 777-4398
From: Al Minner [mailto:al.minner@gmail.com] On Behalf Of Al Minner
Sent: Monday, July 25, 2011 3:34 PM
To: Overton, Jonathan
Subject: Re: ReSend - Request Speed Limit Reduction - COS US 1
Jonathan:
What do you mean "confirm all construction and construction MOT has been completed/removed from
US 1 ROW? Are you asking if the project is in the ROW?
Second, do you need the speed. limit reduction request limits per FDOT station points - or can I provide
local markers, such as Street names?
Thanks for your quick response - I will get with SBS to get you answers on these.
A1 Minner
City Manager
From: "Overton, Jonathan" <Jonathan.Overton@dot.state.fl.us>
Date: Mon, 25 Ju12011 15:28:03 -0400
To: Alfred Minner<aminner@CityOfSebastian.org>
Cc: Joseph W. Schulke, P.E.<jschulke@sbsengineers.com>; Geoffrey
31 of 98
Page 3 of 4
Barkett<gbarkett@sbsengineers.com>; Gish, Carolyn<Carolyn.Gish@dot.state.fl.us>; Hoover,
Marilda<Marilda.Hoover@dot.state.fl.us>; O'Connor, Teresa<Teresa.OConnor@dot.state.fl.us>; Plass,
Mark<Mark.Plass@dot.state.fl.us>
Subject: RE: ReSend - Request Speed Limit Reduction - COS US 1
Hi Al,
Please confirm all construction and construction MOT from the Permit project has been completed/removed
from the right of way on US 1. Also, please remind me what are the end points on US 1 the City wishes to lower
the speed limit. I need this to conduct a follow-up speed study.
Thank you.
Jonathan M. Overton, P.E.
District Traffic Management Systems Engineer
Florida Department of Transportation
Toll Free 866-336-8435
Direct Line (954) 777-4376
Office Fax (954) 777-4398
From: Alfred Minner [mailto:aminner@CityOfSebastian.org]
Sent: Monday, July 25, 2011 2:57 PM
To: Overton, Jonathan
Cc: Joseph W. Schulke, P.E.; Geoffrey Barkett
Subject: ReSend - Request Speed Limit Reduction - COS US 1
Mr. Overton - Attached hereto is the March 29, 2010 letter. Please advise as to whether a copy of the plans is
required by your office.
Al Minner
City Manager
City of Sebastian
From: Alfred Minner
Sent: Monday, July 25, 2011 2:54 PM
To: 'Overton, Jonathan'
Cc: Joseph W. Schulke, P.E.; 'Geoffrey Barkett'
Subject: Request Speed Limit Reduction - COS US 1
Mr. Overton:
Pursuant to your letter dated March 29, 2010 and the issuance of FDOT Permit No. 201 1 C 490 0002, the City of
Sebastian formally requests FDOT to reduce the speed limit in the Sebastian downtown area of US 1 to 35 mph.
If you recall, the City petitioned a study of such request. Upon a study, FDOT responded that such reduction was
possible upon the initiation of a City roadway project that "would charrge the character of the roadway". The City
is of the opinion that Permit No. 201 1 C 490 0002 significantly changes the character of US 1 through Sebastian.
Please advise any corresponding steps the City needs to pursue to fulfill this request. Thank you in advance for
your attention to this matter.
Al Minner
City Manager 32 of 98
Page 4 of 4
City of Sebastian
33 of 98
CITY OF SEBASTIAN
U.S. HIGHWAY 1
FROM C.R. 512 EASTBOUND TO NORTH CENTRAL BLVD.
CROSSWALK AND PARALLEL PARKING IMPROVEMENTS
f \
HOME OF PELICAN ISLAND
\ 1
f DRAWING INDEX \
DESCRIPTION
COVER SHET
GOVERNING STANDARDS AND SPECIFICATIONS:
FLORIDA DEPARTMENT OF TRANSPORTATION DESIGN STANDARDS
DATED: 2010
STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION
DATED: 2010
f LORlDA DEPARTMENT OF TRANSPORTATION IMPLEMENTED SPECIFICATION
LOCAL AGENCY SPEClRlCATlONS
MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES
DATED: 2009
NOTE
- FOR 11x1 7 PDF:
THE SCALE OF THESE PLANS MAY HAVE
CHANGED DUE TO REPRODUCTION.
1 REUSE PB FDOT R.AI. DAlED 04/M/ll 05/10/2011
2 REUSE PER FOOT R.A.I. 07/06/2011
CIWL & STRUCTURAL ENGINEERING LAND PLANNING - EN WRONMEN TAL PERMIl'TING
CERTIFICATION OF AUTHORIZATION NO.: 00008668
1 7 1 7 INDIAN RIVER BLVD., SUITE 20 1 VERO BEACH, FLORIDA 32960
EL 772 1 770-9622 FAX 772 I 770-9496 EWL info@~~ineelrs.com
f \ SITE DATA
APPLICANT: CITY OF SEEASTIAN
ATTN: AL MINNER. ClTY MANAGER
1225 MAIN STREET
SEBASTIAN, FL 32958
(772) 589-551 8
ENGINEER SCHULKE, BIlTLE. (L STODDARD. L.L.C.
1717 INDIAN RIVER BOULEVARD. SUITE 201
VERO BEACH. FL 32960
(772) 770-9622
PROJECT LOCATION: HIGHWAY U.S. 1 FROM C.R. 512 (EAST) TO
NORTH CENTRAL AVE.
\
GENERAL NOTES:
1. ME CONTRACTOR SHALL NOT BRING ANY WDOUS MATERlALS ONTO ME PROJECT.
SHOULD ME CONmACTOR REQUIRE SUCH FOR PERFORMHG ME CONTRACTED WORK,
ME CONTR4CTOR SHALL REQUEST, IN WRITING, WRlTTEW PERMISSION FROM ME
PROJECT ENGINEER. ME CONTRACTOR SHALL PROVlDE A COW OF ME REQUEST TO
ME INSERT APPROPRWTE cm omcw ME CONTRACTOR SHALL PROVIDE ME cm
omcw. WITH A cow OF ME MATERIAL SAFEM DATA SHEET (MSDS) FOR EACH
HAZARDOUS MATERIAL PROPOSED FOR USE. AND PROVlDE A DESCRIPTION OF ME
SPECIFIC MANNER IN WHICH ME MATERIAL WILL BE USED. ME PROJECT ENGINEER
SHALL COORDINATE WITH ME cm omcw PRIOR TO ISSUING WRITTEN APPROVAL
TO ME CONIRACTOR. BECAUSE STATE LAW DOES NOT TREAT PETROLEUM PRODUCTS
THAT ARE PROPERLY CONTMERIZED AS WDOUS CVITERU, SUCH PRODUCTS DO
NOT REQUIRE AN MSDS SUBMlTTAL ALL BUU( PETROLEUM PRODUCTS STORED ON
SITE SHALL REQUIRE PROPER STORAGE WHICH INCLUDES SECONDARY CONTAMMW.
2. IF SUSPECT CONTAMINATED OR HAZARDOUS MATERIAL IS FOUND ON THE PROJECT,
OR ENCOUNTERED DURlblG CONSTRUCTION, IMMEDWTELY NOTIFY ME REBECCA
GROW AT PHONE NUMBER (772)589-5330.
3. IF STAGHG IS REQUIRED AS A PART OF THIS PROJECT. ME CONTRACTOR SHALL
COORDtNATE SELECTION AND RMEW OF ANY PROPOSED STAGNG AREA(S) MlH ME
cm OF SE~N AT (772) 589-5330.
4. ALL CLEAR ZWES SHALL COMPLY WrlH FDOT INDEX 546 k 700.
5. ALL .WINTEMNCE OF TRAFFIC SHALL COMPLY WTW FDOT INDM 613.
6. ALL CONSTRUCM MUST BE tN ACCORDANCE WITH FDOT DESIGN STANDARDS
(2010).
7. nELD MRIFY oum AND Loanm OF PARKING WITH cm OF SEW AND
Wrili ENGINEER. CONTRACTOR SHALL LAY-Om SPACES tN FIELD IN TEMPORARY
UANNER FOR RMEW PRIOR TO mu IwAuAnoN. A wm-MRU IS NECESSW
TO CONFIRM LOCATOW AND TO ALLOW ANY FIELD ADJUSTMENTS. CONTRACTOR TO
MDEO SITE PRIOR CONSTRUCTIW AND PROIllDE COPIES TO ME Cm OF SEWWN
AS ;WELL bS ME ENGINEER. CONTRACTOR TO PROVlDE AS-BUILT RECORD DR4WtNGS
AT PROJECT COMPLETIW.
SUNSHINE STATE ONE-CALL
CALL 81 1 BEFORE YOU DIG
34 of 98
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leu ~1nos11eq@8uecqs i1vw3 ~6%-OLL I ZLL wj ZZWOLL I ZLL 131
OWZE VOIYOU 'H3ElE OY3A LOZ 311nS ' 0AlE U3MM NVlONl LlLl
Q99QOW0 ON NOIlYIIM(WLnV 30 NWflUUL133 Z U3HS UY 3N~W~MH3.3WYNYYcwn ~13N3~nLmMLsOW
urn -3.1-1 'atrvaaols 3 3-1~~18 '~N-I~H~s
\
L AVMHBIH .s'n
NVllSVE3S A0 MI3
/
37 of 98
30
( IN FEET )
1 inch = 30 ft.
EXIST VllDSCAPE ISLAND -- NO PARKING
EXIST WOOD POWEF 79.93'f
POLE, IN USE-. 3 PROP PARALLEL SPACES
Ex:SL s11:N:
RICH7 LANE ML'ST
,- E,YIST SIGN- EXIST SIL?N.
,- E:tSL S!CiV-
GOLINE/BUS STCF ,, , NO RIGhT TURW ! Kc7 P,4RCING. (TC NO
EXIST 1WOD POMfEi? ?V3 7,: Pb'C7 LONGER
,,- EXIST. WOOD PO WtP POLE, CUT-~OT i~ USE -,
, POLE lfi USE EXIST, WOOD POI+ER
....................... ............. ..... ......................
DETECTABLE WARNING W -- ..... a ....... COLORED .- ASPHALT ..- .~~-..... APPLICATION , ,,,
DETECTABLE WARNING S 432f SF
PROPOSED TEXTURED PATTERNED
- -- DR4fNA GE ,MAAIHOL E C0:LORED ASPHALT APPLICATION-.
SEE SHEET SPECS , (T(P:'j
..-...-.-........--.. .. ..............
E.itlSi SIGN-
BIKE LANE --.
- ................. ...... ..... ..# ...
OVERLAY EXIST, STAMPED CONCRETE
EXIST. WC8'OD PO14'E.?
POLE, It1 LISE -----
OVERLAY EXIST. STAMPED CONCRETE 51.1 6' EXIST. DRIVEWAY
FDOT INDEX 304 (SHEET 6 OF 6)
147.59'
EXIST TURN LANE
1\10 PARKING
COLORED ASPHALT APPLICATION
WEST SIDE: 5021 SF
SOUTH SIDE: 8401 SF TEXTURED COLORED PATERNED ASPHALT CROSSWALK:
EAST SIDE: 3721 SF
TOTAL: 1,7141
TEXTURED COLORED PATERNED ASPHALT PARKING:
12" WHITE THERMOPLASTIC STRIPING:
38 of 98
I- \
GRAPHIC SCALE
30 0 15 30 60 120
( IN FEET )
1 inch = 30 ft.
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GRAPHIC SCALE n
30 0 15 30 60 120
( IN FEET )
I 1 inch = 30 ft.
C. R. 5 I 2 (WESTBOUND)
FELLESMERE RD. --OVERLAY EXIST. STAMPED CONCRETE
DETECTABLE WARNING WITH NEW MAROON
DETECTABLE WARNING STRIP PER
FDOT INDEX 304 (SHEET 6 OF 6)
DETAIL 'B' (TYP. BOTH SIDES) -- EYiST SIGN:
NO i?ARlI/bJG. (72 NORJ7ji
-NOTE. NO LOh'GER Pi7ESE;VT 7:--09- 10
. . . .. ~ . . .. .
. . . . . . .
COLORED ASPHALT APPLICATION
. %~... &..~ .,- SE~-D~ATL~''SH SPECS 1 (TYP.)
PROPOSED TEXTURED PATTERNED
POLE, iN b'SE
OVERLAY EXIST. STAMPED CONCRETE
DEIECTABLE WARNING WlTH NEW MAROON
DEIECTABLE WARNING STRIP PER
FDOT INDEX 304 (SHEET 6 OF 6)
DEIAIL '0' (TYP. BOTH SIDES)-
NO PARKING
Ill
41 of 98
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f-
GRAPHIC SCALE
30 0 15 30 60
( IN FEET )
1 inch = 30 ft.
lJci PARlilNG NO PARKING
EXI'jT PAPALLEL EXIST. EXIST PARALLEL EylST PARALLEL
.
STRIPED
t;\/ST SIGN:
POLE, IN USE
.. . . . . . , , . , , , , , . . .
PROVIDE NEW PARI(IN!;
--
NO LEFT TU,RN
h10 PARKING
EXIST. SIGN:
PARK,NG NORTH & DETECTABLE WARNING WITH NEW ''ROO'
-NOTE NO LONGER PRESE,VT I-39-10 DETECTABLE WARNING STRIP PER
FDOT INDEX 304 (SHEET 6 OF 6)
DETAIL 'B' (UP. BOTH SIDES)
TEXTURED COLORED PATTERNED ASPHALT CROSSWALK:
44 of 98
GRAPHIC SCALE n
30 0 15 30 60 120
( IN FEET )
1 inch = 30 ft. e
,-<;" CmC. QGNAL ,POLE
EXIST. S/GN-
WARAIING. 4T&T
24" CO/i;i: SiGtVAL POLE '- EvIST WOOD :POWER NO P4RKING. (70 KORTH,? POLL IN USE -NOTE. /\la LOAIGER PRESEkT 1 7 -09- :ni '- PEDESTRI4N CROSSWALI<
CONTROL
PCDESTRIAN CROSSWALI;
/--
/-
_I
L/--
140 PARl(IldG
.-- - -
TEXTURED COLORED PATTERNED ASPHALT CROSSWALK:
TEXTURED COLORED PATTERNED ASPHALT PARKING:
45 of 98
I
30
hlil PARKING JEFFERSON STREFl Pi0 PARKING
- . .. . .- --_______ - ~ -
EXIST PARALLEL
OVERLAY EXIST. STAMPED CONCRETE
DETECTABLE WARNING WITH NEW MAROON
,- wsr. SIGM
' '2IPPORT E4ST
id0 P4h'/</NG. (5.1 NORTH)
NOTE Nc? LONGE,? PRFSEfiT I ? -09 70
EOCOR.ED ASPHALT AP
DETECTABLE WARNING STRIP PER
[,/'?T
NO iEfT TUR,Y DRIVEWH I
I--
FI? PPPKINC JEFFERSON STREET 1\10 PARKING
TEXTURED COLORED PATTERNED ASPHALT CROSSWALK:
TEXTURED COLORED PATTERNED ASPHALT PARKING:
12" WHITE THERMOPLASTIC STRIPING:
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CITY OF SEBASTIAN
AGENDA TRANSMITTAL
I Exhibits: Proposed Capital Improvement Program FY 2011112 through FY 2016117
Subject: Proposed Capital Improvement
Program FY 2011/12 through FY 2016117
Agenda No.
Department Origin: Administrative Services
Finance Director: 4 Lid@+--
City Clerk : d
City Attorney:
Date Submitted: 8/02/11
For Agenda of: 811 011 1
SUMMARY
EXPENDITURE
REQUIRED: NIA
According to the financial policies adopted by the City Council, The City shall adopt an annual
Capital Budget based on the Capital Improvement Program. The Proposed Capital Improvement
Program (CIP) consists of 6 years of planned projects needed for replacement or improvement of the
City's major equipment, facilities, roadways, and infrastructure. Although, potential funding has
been identified, changes may be made in conjunction with alternative sources as they become
available in each of these subsequent years. The timing of projects identified may be altered from
year to year to meet changing circumstances.
Staff has met previously with the Parks and Recreation Advisory Board and considered their comments
in the proposed CIP. This is scheduled to be discussed and approved by the Planning and Zoning
Committee on August 4th.
RECOMMENDED ACTION
AMOUNT
BUDGETED: NIA
No action is required at this time. The City Manager will brief the City Council on the highlights of
the document and give an update on any comments made by the Planning and Zoning Committee. The
vote for final approval of the CIP is scheduled for September 19,201 1 at a special meeting that will be
held for the First Public Hearing on the City Budget for FY 20 1 1 - 12.
APPROPRIATION
REQUIRED: NIA
FUNDING SOURCE:
N/A
52 of 98
CITY OF SEBASTIAN, FLORIDA
CAPITAL IMPROVEMENT PROGRAM
FISCAL YEAR 2012-17
CAPITAL IMPROVENIENT PROGRAM
City of Sebastian's adopted financial policies requires the City to coordinate the development of the Capital
Improvement Program with the development of the strategic plan and operating budget, as well as ensuring
compliance with the Comprehensive Plan Capital Improvement Element. Operating expenditures and
revenues associated with new capital improvements will be projected and included in the Capital
Improvement Program Five-Year Forecast. The Capital Improvement Program is updated and approved by
the City Council annually and encompasses a period of six years.
What are Capital Improvements?
Capital improvements include streets, buildings, building improvements, new parks, park
expansions/improvements, airport runways, infrastructure improvements, and major, one-time acquisitions of
equipment. Projects in the Capital Improvement Program generally cost more than $50,000 and last at least
five years.
Policies Used in Developing the Capital Improvement Program
All capital projects submitted for approval must be justified in terms of how the project supports the
achievement of the City's Strategic Priorities. Projects are prioritized and approved based on the relevancy
of the project to the City's Strategic Plan and the impact on the end stakeholder(s).
1. The City shall adopt an annual Capital Budget based on the Capital Improvement Program. Future
capital improvement expenditures necessitated by changes in population, real estate development, or
in economic base will be calculated and included in the capital improvement budget projections.
2. The originating department of the capital improvement project will identify the estimated costs and
funding sources for each capital project proposal before it is submitted to the City Council for
approval.
3. The City shall make all capital improvements in accordance with an adopted Capital Improvement
Program budget.
4. The City will determine and use the most prudent financial methods for acquisition of capital
improvement projects based upon market conditions at the time of acquisition.
Following is a six-year Capital Improvement Program (CIP) Project Schedule for each requesting
departmentldivision. In addition to the Golf Course and Airport Fund (AP), the CIP also includes projects
funded by the Local Option Gas Tax (LOGT), Discretionary Sales Tax (DST), Recreation Impact Fee (RIF),
developer contribution, debt financing, as well as State and Federal Grants. Also included is the Riverfront
CRA. The CIP is intended to be a complete listing of projects needed for replacement or improvement of the
City's major equipment, facilities, roadways, and structures. Although, potential funding has been identified,
changes may be made in conjunction with alternative sources as they become available or adjustments
become necessary due to reductions in projected revenues. The timing of projects identified may also be
altered from year to year to meet changing circumstances.
53 of 98
List of Proiects
General Government
Fleet Maintenance Equipment
Building Painting
Police Department
Police Vehicle Replacement
Roads and Special Projects
Barber Street Bridge Repairs
Schumann & Barber Intersection
Street Repaving
U.S. #I lmprovements
Gateway Enhancements
5 12 Median Landscaping
Parking Improvements
Presidential Streets
Parks & Recreation
Barber Street Field Lighting
Morring Fields
BluewayiGreenway Signage
Baseball Fields Drainage
Bleacher Shields
Azine Terrace Park
Creative Playground
Handicap Pier - Mainstreet
Stormwater
Road CrossingslSideyard Pipes
Pipe Sliplining
Stormwater Pond Installation
114 Round Swale Rehab
Cemetery
Redo South Paved Roadway
Retaining Wall
Golf Course
New ClubhouseiTee Box Improvements
Airport
Runway 8126 Survey & Rehabilitation
Maintenance Equipment
Build TaxiwayslInstall Lighting
Main Street Access Road
Construct Hangars
Rehab Apron F
Construct Access Road West
Construct Aviation Facility
CITY OF SEBASTIAN, FLORIDA
CAPITAL IMPROVEMENT PROGRAM
FISCAL YEAR 2012-17
Total
54 of 98
CITY OF SEBASTIAN, FLORIDA
CAPITAL IMPROVEMENT PROGRAM
FISCAL YEAR 2012-17
Grouped bv Department
General Government $ 98,000
Police Department 185,000
Public Works Department
Roads and Special Projects $ 710,000
Parks & Recreation 185,000
Stormwater 500,000
Cemetery
Golf Course
Airport 200,000
Total by Departments 0
Grouped bv Function
General Government $ 98,000 $ - $ 50,000 $ - $ - $ 75,000 $ 223,000
Public Safety 185,000 250,000 300,000 300.000 300,000 300,000 1,63 5,000
Transportation 910,000 3,908,000 1,700,000 2.500.000 900,000 3,150,000 13,068,000
Parks & Recreation 185,000 50,000 300,000 - 2.500,OOO 3,03 5,000
Physical Environment 500,000 580.000 500,000 500,000 1,250,000 750,000 4,080,000
Total by Functions 0
Grouped bv Funding Source
DST $
LOGT
Recreation Impact Fees
Golf Course
Airport Operating Revenues
GrantsIBank Notes
Cemetery
Riverfront CRA
Stormwater Fund
Total Funding Sources
55 of 98
CITY OF SEBASTIAN, FLORIDA
CAPITAL IMPROVEMENT PROGRAM
FISCAL YEAR 2012-17
Local Recreation
Option Impact Grants1 Riverfront Cemetery
GasTax DST Fees Golf Air~ort BankNote CRA Trust Fund
-
FISCAL YEAR 201 112012
General Government
Fleet Maintenance Equipment
Building Painting
Police Department
Police Vehicle Replacement
Roatls ant1 Special Projects
U.S. #I Improvements
Gateway Enhancements
Parking lmprovements
President~al Streets
Parks & Recreation
Mooring Fields
Baseball F~eld Drainage
Bleacher Shields
Creative Playground
Handicap Pier - Mainstreet
Stormwater
114 Round Swale Rehab
Airport
Ranway 8126 Sorvey & Rehabilitation
Maintenance Eqoipment
Total FY 201112012
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FISCAL YEAR 201212013
Police Department
Police Vehicle Replacement
Roads and Special Projects
Parking lmprovements
Parks & Recreation
Azine Terrace Park
Stormwater
Pipe Sliplining
114 Round Swale Rehab
Airport
Build Taxiways/Install Lighting
CITY OF SEBASTIAN, FLORIDA
CAPITAL IMPROVEMENT PROGRAM
FISCAL YEAR 2012-17
Local Recreation
Option Impact
Gas Tax - DST Fees Golf
Grants1 Riverfront Cemetery
Airport Bank Note Trust Fund Total
57 of 98
FISCAL YEAR 201312014
Police Department
Police Vehlcle Replacement
Roads and Special Projects
5 12 Median Landscaping
Stormwater
114 Round Swale Rehab
Cemetery
Redo South Paved Roadway
Airport
Main Street Access Road
CITY OF SEBASTIAN, FLORIDA
CAPITAL IMPROVEMENT PROGRAM
FISCAL YEAR 2012-17
Local Recreation
Option lmpac t
DST Gas Tax
- Fees Go1 f
-
Grants1 Riverfront Cemetery
Airmrt Bank Note TrustFund Total
Total FY 201312014
58 of 98
FISCAL YEAR 201412015
Police Department
Police Vehicle Replacement
Roads and Special Projects
Barber Street Bridge Repairs
Parks & Recreation
Barber Street Field Lighting
Stormwater
114 Round Swale Rehab
Airport
Construct Hangars
Rehab Apron F
CITY OF SEBASTIAN, FLORIDA
CAPITAL IMPROVENIENT PROGRAM
FISCAL YEAR 2012-17
Local Recreation
Option lmpc t
Gas Tax
- DST Fees mi
Grants1 Riverfront Cemetery
Airmrt Bank Note CRA Trust Fund Total
Total FY 201412015
59 of 98
FISCAL YEAR 201512016
Police Department
Police Vehicle Replacement
Roads and Special Projects
Street Repavlng
Stormwater
Road CrosslngslSideyard Pipes
Stormwater Pond Instal latlon
I14 Round Swale Rehab
Airport
Construct Access Road West
CITY OF SEBASTIAN, FLORIDA
CAPITAL IMPROVEMENT PROGRAM
FISCAL YEAR 2012-17
Imal Recreation
Opion Impact Grants1 Riverfront Cemetery
Gas Tax
- DST Fees sf Airwrt Bank Note a TrustFund Total
Total FY 201512016
60 of 98
FISCAL YEARZ01612U17
Police Department
Police Vehicle Replacement
CITY OF SEBASTIAN, FLORIDA
CAPITAL IMPROVEMENT PROGRAM
FISCAL YEAR 2012-17
Local Recreation
Option lmpac t
Gas Tax - DS T - Fees - Gal f
Roads and Special Projecb
Schumann & Barber intersection % 1,500,000
Street Repaving 6 150,000
Stormwater
Road Crossings/Sideyard Pipes
114 Round Swale Rehab
Cemetery
Retaming Wall
Golf Course
New ClobliooseTTee Box l~nprovernents
Airport
Construct Aviation Facility
Grants1 Riverfront Cemetery
Airport Bank Note Trust Fund Total
Total FY 201612017
Grand Total
61 of 98
CITY OF SEBASTIAN, FLORIDA
CAPITAL IMPROVEMENT PROGRAM
FISCAL YEAR 2012-17
CAPITAL IMPROVEMENT PROJECT REQUEST AND JUSTIFICATION FORM
GENERAL GOVERNMENT
Project Costs:
Project
FY 11-12 FY 12-13 FY 13-14 FY 14-15 FY 15-16 FY 16-17 Total
$23,000 $0 $0 $0 $0 $0 $23,000
Project Name:
Funding Source:
Justification:
Operating Impact:
$0 -$3,000 -$3,000 -$3,000 43,000 -$3,000 -$15,000
Fleet Maintenance Equipment
Discretionary Sales Tax
Project Description:
Upgrade fuel pumps and purchase vehicle lift.
Project Name:
Funding Source:
Project Costs:
Project
FY 11-12 FY 12-13 FY 13-14 FY 14-15 FY 15-16 FY 16-17 Total
$75,000 $0 $0 $0 $0 $0 $75,000
...... ....... .......
.~~&;~+j~~haritciI:gas ........ pumps"afe:not able:t& pump the ~6w'bleiid&~:eth~6l~:fueis. ..... ~h'is'caijs.gs:a ..... reduction ......... ...... ... :irj:t$$;lv$turne of gas that can::@!$eliG<@d:an.d increases the cosr$.pei.:gal$qn. ..... ..... .... ....
Justification:
Operating Impact:
$0 $0 $0 $0 $0 $0 $0
Building Painting
Discretionary Sales Tax
This project is needed to improve the appearance of these buildings.
I
POLICE DEPARTMENT
Project Description:
Repaint City Hall. Police Department and Old City Hall.
Project Costs:
Project
FY 11-12 FY 12-13 FY 13-14 FY 14-15 FY 15-16 FY 16-17
Total
$185,000 $250,000 $300,000 $300,000 $300,000 $300,000 $1,635,000
Project Name:
Funding Source:
Justification:
Operating Impact:
$0 $0 $0 $0 $0 $0 $0
Police Vehicles
Discretionary Sales Tax
Project Description:
1 1/12 - 3 patrol vehicles, 1 code enforcement vehicle and I crime
scene van.
......
......... ................
.~epl.ac~:~~:oide~-~ehi~l'e;s:tha~,~av~~higher . . mileage.andmainienan~e . . cost. ...... .... ... . . . .
.... ......
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CITY OF SEBASTIAN, FLORIDA
CAPITAL IMPROVEMENT PROGRAM
FISCAL YEAR 2012-17
CAPITAL IMPROVEMENT PROJECT REQUEST AND JUSTIFICATION FORM
PUBLIC WORKS DEPARTMENT
I I
Project Costs:
Pr0.j ect
FY 11-12 FY 12-13 FY 13-14 FY 14-15 FY 15-16 FY 16-17 Total
$0 $0 $0 $500,000 $0 $0 $500,000
Project Name:
Funding Source:
Justification:
Operating Impact:
$0 $0
Barber Street Bridge Repairs 1 Project Description:
Discretionan, Sales Tax I Re~air deteriorating Bridge and add new guardrails.
This project is necessary to maintain the bridge to DOT standards based on yearly bridge inspections.
Project Name:
Funding Source:
Project Costs:
Pro-ject
Schumann & Barber Intersection IProject Description:
Discretionary Sales Tax I Improvements to Intersection.
Justification:
Operating Impact:
$0 $0
..................... ...... .......
This pio.je~t.will be designed to-i~prove'fiaf~t"1$:tli,~,and .......... reduce;dpngestion on the s~ufH.:si+~f.the City. ......... ..........
These funds' were budgeted in ~iscal 08-09 in coij~dnctioii '\j;iithl:ln&a~ :River County but' %r&)nbv+ ..... .b+i@g ........... . . . . . .
..... .............. .....
....... ........ ....... ;f~a!located to ICY j.6- 1-7. I.... ......... : ::::.:- ........ ....... ... . .
Project Costs:
Pro-ject
FY 11-12 FY 12-1 3 FY 13-14 FY 14-15 FY 15-16 FY 16-17 Total
$0 $0 $0 $0 $100,000 $1 50,000 $250,000
Project Name:
Funding Source:
Justification:
Operating Impact:
$0 $0 $0
Street Repaving
Local Option Gas Tax
Project Costs:
Pro-ject
FY-1 1-1 2 FY- 12-13 FY-13-14 FY-14-15 FY-15-16 FY-16-17 Total
$300,000 $0 $0 $0 $0 $0 $300,000
Project Description:
Rehabilitation and repaving of failing road base and roads.
Project Name:
Funding Source:
Justification:
Operating Impact:
$0 $0
.............
This::jjro;iect is necessary to keep 'the-streets;in:~@o~~:condifi~~;:an~.:~~t~~~to ............................ th~:-i-esi:~ents::~':R~pa.vi.n.g..is ............... .....................
... . ....
~~~ected~to.reduce complaints, as ~di. as insur;arice.'dl~im~:.f~;~:~:ama~es arid: liatii.li:ty.: .:...: 1 1
U.S. Highway # 1 Improvements 1 ~roiect Description:
Discretionary Sales Tax
I Work to make improvements to U.S. Highway #I.
This pro-ject was authorized by the City Council during FY 10-1 1 to improve traff~c flow, parking and
aesthetics along U.S. Highway # 1.
63 of 98
CITY OF SEBASTIAN, FLORIDA
CAPITAL IMPROVEMENT PROGRAM
FISCAL YEAR 2012-17
CAPITAL IMPROVEMENT PROJECT REQUEST AND JUSTIFICATION FORM
Project Costs:
Project
PUBLIC WORKS DEPARTMENT
Operating Impact:
$0 $0 $0 $0
Project Name:
Funding Source:
Funding Source: Discretionary Sales Tax Work to improve the appearance of this major entryway to the City.
Irrigation and landscaping will be added.
Gateway Enhancements
Riverfront Community
Redevelopment
Justification: l~his project is desirable to enhance the view of those entering the City.
I
Project Description:
Improvements to the entrances to the CRA area.
Project Costs:
Project
FY-1 1-12 FY- 12-13 FY-13-14 FY-14-15 FY-15-16 FY-16-17
$0 $0 $500,000 $0 $0 $0 $500,000
Operating Impact:
$0
Justification: pl'hese are the oldest lights in the city and need to be replaced with new energy efticient lighting.
1
Project Name:
Funding Source:
Project Costs:
Project
FY 11-12 FY 12-13 FY 13-14 FY 14-15 FY 15-16 FY 16-1 7 Total
$0 $0 $0 $300,000 $0 $0 $300,000
Barber Street Field Lighting 1 Project Description:
Discretionary Sales Tax IRemove and replace old lights.
Operating Impact:
$0
Project Costs:
Project
FY-l 1-12 FY- 12-13 FY-13-14 FY-14-15 FY-15-16 FY-16- 17 Total
$1 5,000 $0 $0 $0 $0 $0 $1 5,000
Project Name:
Funding Source:
Justification:
Operating Impact:
$0 $0 $0 $0 $0 $0 $0
Mooring Fields
Recreation lmpact Fees
Project Description:
Design and engineering for placing mooring fields for boaters.
A mooring field is needed near the Main Street Pier to provide boaters a safe place to tie-up and access
the amenities near downtown.
64 of 98
CITY OF SEBASTIAN, FLORIDA
CAPITAL IMPROVEMENT PROGRAM
FISCAL YEAR 2012-17
CAPITAL INIPROVENIENT PROJECT REQUEST AND JUSTIFICATION FORM
PUBLIC WORKS DEPARTMENT
.................................................................................................. Justification: ~hi~::pi~j~G~:~~~l~~~&~&:~i~Pi~dv~~R~i~:~~~1d~&i~~ge'&~~i~e:~~~~~i:$~~&&~:~~&ba1~]~:F<&~d~:~~:j:~::;'~:;~;~::~:,:;,;: ,:::i:::;::::
........................................................................................
Project Costs:
Project
FY 11-12 FY 12-13 FY 13-14 FY 14-15 FY 15-16 FY 16-17 Total
$50,000 $0 $0 $0 $0 $0 $50,000
Project Name:
Funding Source:
Justification:
Operating Impact:
$0 $0 $0 $0 $0 $0 $0
Operating Impact:
Project Name:
Funding Source:
Project Costs:
Project
FY 11-12 FY 12-13 FY 13-14 FY 14-15 FY 15-16 FY 16-17
Total
$25,000 $0 $0 $0 $0 $0 $25,000
BluewayIGreenway Signage
Recreation Impact Fees
Project Costs:
Project
FY-11-12 FY- 12-13 FY-13-14 FY-14-15 FY-15-16 FY-16-17 Total
$50,000 $0 $0 $0 $0 $0 $50,000
Project Description:
Improvements to bluewaylgreenway signage.
Baseball Fields Drainage
Recreation Impact Fees
Project Name:
Funding Source:
Justification:
Operating Impact:
$0 $0 $0 $0 $0 $0 $0
......................... .................................... .....
;The bi;u6wajl~gr~eg~y::jcqrrido~:::c~gfiect: ... t~~:;~u~fl'o;$~.~;de~~inat1ons;:;:and:;:~e~c~~~age;:;:il'o;n-~e~~u'1a;i .........................................................................
~tra~s~stati6n~~~1m~ro~eme~nt~.to'~~~na~@~~il~.mak@~t~~~-~'~.0~~idor'~~.m0~e'.attfa~ti'v@~to.~h'~.~$ef~~.~.~.'~'~'~~.~.~.~ .,., ............. ................................................................................................... ......... ............................... ..........................................
.........
Prqject Description:
Improvements to drainage.
Bleacher Shields
Recreation Impact Fees
Justification: This project will increase park facilities available to residents in that area.
Project Description:
Acquire bleacher shields.
Project Name:
Funding Source:
Project Costs:
Project
FY 11-12 FY 12-13 FY 13-14 FY 14-15 FY 15-16 FY 16-17 -- Total
$0 $50,000 $0 $0 $0 $0 $50,000
This will fund the purchase of cover for attendees at events at the Barber Street Sports Complex.
Operating Impact:
$0 $0 $0 $0 $0 $0 $0
Azine Terrace Park
Recreation Impact Fees
Project Description:
A park will be created.
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CITY OF SEBASTIAN, FLORIDA
CAPITAL IMPROVEMENT PROGRAM
FISCAL YEAR 2012-17
CAPITAL IMPROVEMENT PROJECT REQUEST AND JUSTIFICATION FORM
PUBLIC WORKS DEPARTMENT
Project Name:
Funding Source:
Project Costs:
Project
FY 11-12 FY 12-13 FY 13-14 FY 14-15 FY 15-16 FY 16-17
Total
$30,000 $0 $0 $0 $0 $0 $30,000
Justification:
Operating Impact:
$0 $0
Creative Playground
Recreation Impact Fees
...................................................... ............................ ............
:This::pLgj:e~t~:wilI ..... allaw:us~:t~~:puf~ha~e:~playground~equi~p~e~t~:a$~~he~:Ba~k~:,Stfe~t:~S~o~~~Com~lex;~~iTh~~ .................. ............................. .......... ............... ....... .................................................................
................. ......
... ...... ~~s~:~&j&S~~:because th~:c~~i.e:nt:quip~ent:ha~:shafp::e;d&es and:.is a:d:aiigeklfo.:the kids.:::::!:: I. ...... ...... ...... .................................. .............................. ......
.....................
Project Description:
Playground equipment at Barber Street Sports Complex.
Justification: l~his project will improve accessibility by the handicapped.
Project Name:
Funding Source:
Project Costs:
Project
FY 11-12 FY 12-13 FY 13-14 FY 14-15 FY 15-16 FY 16-17 Total
$1 5,000 $0 $0 $0 $0 $0 $15,000
Handicap Pier - Mainstreet l~roject Description:
Recreation Impact Fees 1 Install handicapped floating dock at the Mainstreet Pier.
Operating Impact:
$0 $0 $0 $0 $0 $0 $0
Justification: ITO continue the program of updating the drainage throughout the City. .
Project Name:
Funding Source:
Project Costs:
Project
FY-11-12 FY- 12-13 FY-13-14 FY-14-15 FY-15-16 FY-16-17
Total
$500,000 $500,000 $500,000 $500,000 $500,000 $500,000 $3,000,000
Operating Impact:
$0 $0 $0 $0 $0 $0 $0
114 Swale Improvements
Discretionary Sales Tax
Project Description:
Installation of 114 round in swales.
Project Costs:
Project
FY 11-12 FY 12-13 FY 13-14 FY 14-15 FY 15-1 6 FY 16-17 Total
$0 $0 $0 $0 $250,000 $250,000 $500,000
Project Name:
Funding Source:
Justification:
Operating Impact:
$0 $0 $0 $0 $0 $0 $0
Road CrossingsISideyard Pipes
Discretionary Sales Tax
Project Description:
Installing new pipes in side yard ditches as quarter round is installed
and replacing necessary road crossing pipes.
........... ................... .................. .......................... .............
This proj!&Ci::#~]:!:~&l~p:::$l:i~Pii~ie::n,$jQ ~~flood{ng~~f~~g~~oUtt~~h&~~~~{tY~~by:~&p]:a~~~~ ::fii[ing pi:pe$::und&r ........................................ ................. ........... ........... .............................................. .............. ....................... ............. ...................... .............. ........................ ................. ........................ ................ .......................
roads ,an~~fedilcirig;~aintena~~e~ofI$~~e:~a~d~d~t~lies., - 1: ................ .............................................. ...................... ............... ........................... ...............
........... ....
66 of 98
CITY OF SEBASTIAN, FLORIDA
CAPITAL IMPROVEMENT PROGRAM
FISCAL YEAR 2012-17
CAPITAL IMPROVEMENT PROJECT REQUEST AND JUSTIFICATION FORM
PUBLIC WORKS DEPARTMENT
,Justification: I~his project will rehabilitate the pipe under Martin Lane which is slowly deteriorating.
1
Project Name:
Funding Source:
Project Costs:
Project
FY 11-12 FY 12-13 FY 13-14 FY 14-15 FY 15-16 FY 16-17
Total
$0 $80,000 $0 $0 $0 $0 $80,000
Operating Impact:
$0 $0 $0 $0 $0 $0 $0
Pipe Sliplining
Discretionary Sales Tax
Project Description:
Slipline pipe on Martin Lane.
Project Name:
Funding Source:
FY-11-12 FY- 12-13 FY-13-14 FY-14-15 FY-15-16 FY-16-17 Total
$0 $0 $0 $0 $500,000 $0 $500,000
Justification:
Operating Impact:
$0 $0 $0 $0 $0 $0 $0
Stormwater Pond Installation
Discretionary Sales Tax
This project will allow creation of a stormwater pond similar to the one installed on Periwinkle at one of
the two locations metioned based on recommendations from the engineer, Neel-Schaffer.
Project Description:
Creation of a new stormwater pond at either BarberIAcorn location
or Azine Terrace.
Project Costs:
Proiect
.Justification: Iw~ would like to resolve this issue before the family presents this as a problem to the City.
I
Project Name:
Funding Source:
Project Costs:
Project
FY 11-12 FY 12-13 FY 13-14 FY 14-15 FY 15-16 FY 16-17
Total
$0 $0 $50,000 $0 $0 $0 $50,000
Operating Impact:
$0 $0 $0 $0 $0 $0 $0
Redo South paved Roadway
Cemetery Trust Fund
Project Description:
100 feet of road way to be removed, redirected and installed. The
road was put in the 70's and it went over some grave space of the
Carpenter family and they want the issue resolved.
1325 feet long, 6 feet high and tapered to U.S. Highway #l.
Project Name:
Funding Source:
Operating Impact:
$0
Retaining Wall
Cemetery Trust Fund
Justification:
Project Description:
Install a retaining wall along north side of the Cemetery. Wall to be
This project will stop the sand from washing down onto the cemetery from the north side of the
property. It would also be put on the north boundry line to show where the City's property is, serve as a
privacy fence and could be a supporting wall in the future for more niches.
Project Costs:
Project
FY-1 1-12 FY- 12-13 FY-13-14 FY-14-15 FY-15-16 FY-16-17
Total
$0 $0 $0 $0 $0 $75,000 $75,000
67 of 98
CITY OF SEBASTIAN, FLORIDA .
CAPITAL IMPROVEMENT PROGRAM
FISCAL YEAR 2012-17
CAPITAL IMPROVEMENT PROJECT REQUEST AND JUSTIFICATION FORM
1$500,000, plus Riverfront lother improvements identified in the Parking Study.
I
RIVERFRONT COMMUNITY REDEVELOPMENT FUND
l~ommunity Redevelopment Cash I I
Project Name:
Funding Source:
Justification: l~arkin~ is a primary issue identified in the CKA Master Plan. The City Council has requested that this] 1 be given attention. Engineering ~vould be done in FY 12- 13, with construction in FY 12-1 3.
1
Parking Improvements
Discretionary Sales Tax
Project Costs:
Project
FY 11-12 FY 12-13 FY 13-14 FY 14-15 FY 15-16 FY 16-17 Total
$75,000 $750,000 $0 $0 $0 $0 $825,000
Project Description:
This would encompass improvements to the CavCorp property or
Operating lmpact:
$0
- -
Operating Impact:
$0 $0 $0 $0 $0 $0 $0
Project Name:
Funding Source:
Justification:
GOLF COURSE FUND
........
....... ..... his ....... ,w~uld improve the.:stre&:jn ... the'downtown area, as well as provi& additional on-sfreef Ijarkiri-g,
... ... ....... .... ........... ..... ................. ....... ............. .......
~ht$r&::p&ssible. . . ........ . . .... ..... A
Presidential Streets
Discretionary Sales Tax
Project Costs:
Project
FY 11-12 FY 12-13 FY 13-14 FY 14-15 FY 15-16 FY 16-17 Total
$3 10,000 $0 $0 $0 $0 $0 $3 10,000
Operating lmpact:
$0 $0 $0 $0 $0 $0
Project Description:
This project wold resurface the streets within this area.
Project Name:
Funding Source:
Justification:
Project Costs:
Project
FY 11-12 FY 12-13 FY 13-14 FY 14-15 FY 15-16 FY 16-17
Total
$0 $0 $0 $0 $0 $2,500,000 $2,500,000
Clubhouse and Improvements
Financed with a 12 Year Note at
an anticipated rate of 4.5%. First
payment scheduled to begin from
Golf Course Fund in FY 17-1 8 for
$270,000.
Project Description:
New Clubhouse, tee box improvements and irrigation upgrades
(downstream of irrigation station).
...... ~Mj:&ct'i$':hdhkduled in FY 16-:I.?. in'brb'er to accurnlllate addibion&:s8~ihgs.'diiti:~~:y~ars following. the
final:..band ........ payment that &is' kade in fiscal- FY 10-.I.l, and iri:.hra'&r to better track tke :state..6f the ....... ......
ecqmbnmy,:~ij::gen&aI, Irrigation im6rpyGments .............. are included, as ali jrri-&$tiok hardwarej.$b~nstreamm of
the-ih-igatioii 'station are (m.ostly) .... original pdkts froin the beginning of %df .course .construction .in 198 1 .
.These.inigation ......... parts include all..P.VC,pipes; ......... 'Gydraulic tubing, irr$$$inn:.h&ds and.cbntrol .boxes. ..... .... .... . . .... ........ . . ..... . .
........ ......... .... . . . . . . ... . . .... ........... ...
68 of 98
CITY OF SEBASTIAN, FLORIDA
CAPITAL IMPROVEMENT PROGRAM
FISCAL YEAR 2012-17
CAPITAL IMPROVEMENT PROJECT REQUEST AND JUSTIFICATION FORM
AIRPORT FUND
Project Name:
Funding Source:
Project Costs:
Project
FY 11-12 FY 12-13 FY 13-14 FY 14-15 FY 15-1 6 FY 16-17 Total
$100,000 $0 $0 $0 $0 $0 $100,000
Justification:
Operating Impact:
$2,500 $0
Runway 8/26 Survey & Rehab.
FDOT: $2,500; Airport : $2,500;
FAA $95K.
................................... ............................... ..............
:Ruil$ay:;8/26:~identj@i~g':m~~~jpgs ke:;~a~ginally:~o:u~:;~f;fol~~anc~ ;d~:~~o:~r;ri~g~~fic:;\ia~i~tj~~~.:~:~Ru~~way, .................. .............. ................................................................
:need$;garging inip~Q~fiefitS-':~:ThiS is a,950/6:FAA::2-:50/6 F.DOT:and:'A~f~rt:~~t~~~~ .......................... ' ' ', ::.:,:
' . 7. . - ::........... ...................... . .
ProJect Description:
Runway 8/26 Improvements.
Project Costs:
Project
FY 11-12 FY 12-13 FY 13-14 FY 14-15 FY 15-16 FY 16-17
Total
$100,000 $0 $0 $0 $0 $0 $lOO,000
Project Name:
Funding Source:
Justification:
Operating Impact:
$20,000 $0 $0 $0 $0 $0 $20,000
Maintenance Equipment
FDOT %OK; Airport $20K.
Project Description:
Purchase maintenance equipment through 80120 FDOT Grant.
Project Name:
Funding Source:
Operating Impact:
$0 $0 $2,400 $2,400 $2,400 $2,400 $9,600
Airport continues to have to share city maintenance equipment as needed. That practice disrupts City
and Airport projects.
Justification:
Build Taxiways/Install Lighting
FAA $3,04OK;FDOT $80K;
Airport $80K. Will finance
Airport's share by an advance
from DST Funds.
Airport is non-towered. In the interest of safety, parallel taxiways are needed to avoid runway
incursions. Project includes taxiway lighting and end of runway identification lighting that will also
enhance safety.
Prqject Description:
Construct T/W C, D, & E and install taxiway and RElL (Runway end
identification lighting).
Project Costs:
Project
FY 11-12 FY 12-13 FY 13-14 FY 14-15 FY 15-16 FY 16-17 Total
$0 $3,200,000 $0 $0 $0 $0 $3,200,000
69 of 98
CITY OF SEBASTIAN, FLORIDA
CAPITAL IMPROVEMENT PROGRAM
FISCAL YEAR 2012-17
CAPITAL IMPROVEMENT PROJECT REQUEST AND JUSTIFICATION FORM
I I
Project Costs:
Project
FY 11-12 FY 12-13 FY 13-14 FY 14-15 FY 15-16 FY 16-17 Total
$0 $0 $1,200,000 $0 $0 $0 $1,200,000
AIRPORT FUND
Operating Impact:
$0 $0 $0
Project Name:
Funding Source:
Justification:
Project Costs:
Project
FY 11-12 FY 12-13 FY 13-14 FY 14-15 FY 15-16 FY 16-17 Total
$0 $0 $0 $1,500,000 $0 $0 $1,500,000
Main Street Access Road
FAA and USDA (United States
Department of Agriculture)
Grants
Project Name:
Funding Source:
Justification:
Operating Impact:
$0 $0 $0 $0 $0 $0 $0
Project Description:
Construct new Airport Drive East; Improve Main Street intersection
at Airport Drive East.
Airport Drive East and its Main Street intersection will be at capacity. Main Street intersection requires
realignment and turn lanes to handle increased car trips tolfrom Airport East industrial area.
Construct Hangar(s)
FAA and USDA (United States
Department of Agriculture)
Grants
Project Costs:
Project
FY 11-12 FY 12-13 FY 13-14 FY 14-15 FY 15-16 FY 16-17 Total
$0 $0 $0 $500,000 $0 $0 $500,000
Project Description:
Build new hangar(s).
Project Name:
Funding Source:
Justification:
Operating Impact:
$0 $0
Economic development and infrastructure improvements require additional aviation hangars for
anticipated demand.
Rehab Apron F
FAA and USDA (United States
Department of Agriculture)
Grants
Project Description:
Rehabilitate Apron.
Apron F is former Runway 1313 1 which was constructed in 1943. Surface is lifting and drainage is very
poor.
70 of 98
CITY OF SEBASTIAN, FLORIDA
CAPITAL IMPROVEMENT PROGRAM
FISCAL YEAR 2012-17
CAPITAL IMPROVEMENT PROJECT REQUEST AND JUSTIFICATION FORM
AIRPORT FUND
Justification:
l~ir~ort West development requires infrastructure.
Project Costs:
Project
FY 11-12 FY 12-13 FY 13-14 FY 14-15 FY 15-16 FY 16-17 Total
$0 $0 $0 $0 $800,000 $0 $800,000
Project Name:
Funding Source:
Operating Impact:
$0
Construct Access Road West
FDOT $640K; Airport $160K.
Will finance Airport's share by an
advance from DST Funds.
Project Description:
Design Build Access Road West.
Project Name:
Funding Source:
Operating Impact:
$0 $0
Justification:
Construct Aviation Facility
FDOT $1,20OK; Airport $300K.
Will finance Airport's share by an
advance from DST Funds.
Anticipated demand requires additional aircraft storage/manufacturing facilities.
Project Description:
Build new aviation storage/manufacturing facility.
Project Costs:
Project
FY 11-12 FY 12-13 FY 13-14 FY 14-15 FY 15-16 FY 16-17 Total
$0 $0 $0 $0 $0 $1,500,000 $1,500,000
71 of 98
SCHEDULE EIGHT
LOCAL OPTION GAS TAX FUND
PROJECTED BALANCES
FISCAL YEARS 201 2-201 7
Local Option Gas Taxes
FDOT Lighting Agreement
Paving Loan Proceeds
lnves<ment Income 4,287 3,000 3,000 2,434 2,366 2,663 3,334 3,387
Local Option Gas Tax Fund Revenues $ 3,080,592 $ 598.253 $ 598,253 $ 609,405 $ 621,289 $ 633,777 $ 646,884 $ 659,621
TOTAL
Debt Payment
Operating Costs (Street Lights,etc.)
RIR Crossing Maintenance
Transfer to General Fund
Go-Line Grant Match
Financing Costs
Street Repaving (Paving Loan)
Street Repaving
TOTAL
Debt Payment
Operating Costs (Street Lights,etc.)
RIR Crossing Maintenance
Transfer to General Fund
Go-Line Grant Match
TOTAL
Debt Payment
Operating Costs (Street Lights,etc.)
RIR Crossing Maintenance
Transfer to General Fund
Go-Line Grant Match
TOTAL
Debt Payment
Operating Costs (Street Lights,etc.)
RIR Crossing Maintenance
Transfer to General Fund
TOTAL
Debt Payment
Operating Costs (Street L~ghts)
RIR Crossing Maintenance
Transfer to General Fund
TOTAL
Debt Payment
Operating Costs (Street Lights)
RIR Crossing Maintenance
Transfer to General Fund
TOTAL
Debt Payment
Operating Costs (Street Lights)
RIR Crossing Maintenance
Transfer to General Fund
Street Repaving
TOTAL
Debt Payment
Operating Costs (Street Lights)
RIR Crossing Maintenance
Transfer to General Fund
Street Repaving
TOTAL
BEGINNING FUND BALANCE $ 82,579 $ 1,392,655 $ 50.671 $ (49,587) $ (62,237) $ (38,522) $ 22,488 $ 21,579
BUDGET REQUIREMENT
- 15% OF EXPENSES 70,264 64,200 56,700 52,950 49,200 45,450 41,700 37,500
UNRESTRICTED RESERVE BALANCE $ 12,315 $ 1,328,455 $ (6,029) $ (102,537) $
(111.437) $ (83,972) $ (19,212) $ (15,921)
TOTAL REVENUES 3,080,592 598,253 598,253 609,405 621,289 633,777 646.884 659,621
TOTAL EXPENDITURES+DEBT+TRANSFERS 1,770,516 1,940,237 698,511 622,054 597,574 572,768 647,792 669,180
ENDING FUND BALANCE $ 1,322,391 $ (13,529) $
(106,287) $
(115.187) $ (87,722) $ (22.962) $ (20,121) $ (25.480)
72 of 98
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79 of 98
HOME OF PEI-ICAN ISLAND
Exhibits: - Proposed Ordinance No. 0-11-17
-Copy of State Law
-Tallahassee Democrat Newspaper Article, dated Wednesday, June 15,2011
-Quality Cities Publication, dated MayIJune 2011
7 AgendaNo.
ity Attorney's Office
Date Submitted: 08/03/11
For Agenda of: 0811 711 1
This proposed ordinance was prepared in response to newly enacted State legislation that tightens
State preemption of firearms regulation and provides rather draconian penalties. The proposal deletes
references to discharging firearms currently contained in the Sebastian Municipal Code.
EXPENDITURE
REQUIRED: NIA
RECOMMENDED ACTION
Move to adopt proposed Ordinance 0- 1 1 - 17 on first reading and set public hearing for September 7,
201 1.
AMOUNT BUDGETED:
NIA
APPROPRIATION
REQUIRED: NIA
80 of 98
ORDINANCE NO. 0-1 1- 17
AN ORDINANCE OF THE ClTY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, DELETING REFERENCES TO DlSCHARGllNG
FIREARMS, AMENDING SECTIONS 18-1 AND 70-3 OF THE CODE OF
ORDINANCES OF THE ClTY OF SEBASTIAN, FLORIDA, REPEALING
CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND
AN EFFECTIVE DATE.
WHEREAS, The state legislature has expanded the local preemption of the
regulations of firearms and ammunition.
NOW, THEREFORE, BE IT ORDAINED BY THE ClTY COUNCIL OF THE
ClTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. That Sec. 18-1 of the Code of Ordinances of the City of
Sebastian, Florida, is hereby amended as follows:
Sec. 18-1. City designated bird and wildlife sanctuary; unlawful to
skskor trap birds and certain animals; permit to kill; signs.
The city, including all lands now or hereafter within its territorial limits, is
hereby established as a sanctuary and a reserve for all birds and fur-bearing
animals; and it shall be unlawful for any person to hunt, kill sbekor trap or in any
manner kill or destroy such birds and fur-bearing animals within the city limits
unless written permission is expressly granted to an individual or group by the city
manager. The city manager is hereby authorized to issue a permit for the killing
or destroying of any birds and fur-bearing animals that become obnoxious or
destructive. Appropriate signs of a permanent nature, approved by the city council
may be furnished, placed and maintained at the principal entrances to the city
limits.
Section 2. That Sec. 70-3 of the Code of Ordinances of the City of
Sebastian, Florida, is hereby amended as follows:
Sec. 70-3. -. Reserved.
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Section 3. CONFI-ICT. All ordinances or parts of ordinances in conflict
herewith are hereby repealed.
Section 4. SEVERABILITY. In the event a court of competent
jurisdiction shall determine that any part of this Ordinance is invalid, the remainder
of the Ordinance shall not be affected and it shall be presumed that the City
Council of the City of Sebastian did not intend to enact such invalid provision. It
shall further be assumed that the City Council would have enacted the remainder
of this Ordinance without said invalid provision, thereby causing said remainder to
remain in full force and effect.
Section 5. EFFECTIVE DATE. This Ordinance shall take effect upon its
adoption by the City Council.
The foregoing Ordinance was moved for adoption by Councilmember
. The motion was seconded by Councilmember
and, upon being put to a vote, the vote was as follows:
Mayor Jim Hill
Vice-Mayor Don Wright
Councilmember Richard H. Gillmor
Councilmember Andrea B. Coy
Councilmember Eugene Wolff
The Mayor thereupon declared this Ordinance duly passed and adopted this
day of ,2011.
CITY OF SEBASTIAN, FLORIDA
By:
Mayor Jim Hill
ATTEST:
Sally A. Maio, MMC
City Clerk
Approved as to Form and Legality for
Reliance by the City of Sebastian only.
Robert A. Ginsburg, City Attorney
Words stricken shall be deleted; words underlined constitute the proposed
amendment; remaining provisions continue in effect.
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To: Municipal Officials and Attorneys
From: Ryan Matthews
Date: July 14,20 1 1
Re: State Laws on Firearms and Ammunition
During the 201 1 Legislative session, the Legislature changed various laws relating to
local regulation of firearms and ammunition. Attached is a legislative alert regarding
HB 45, and
a copy of Enrolled HI3 45. This law strengthens the current state preemption with regard to the
regulation of firearms, which was passed by the Legislature in 1987. HI3 45 provides civil
penalties for governments, elected officials and employees who attempt to regulate firearms or
ammunition in violation of the preemption. Due to the preemption and new penalty provisions, it
is important to consult with your city attorney to identify any local ordinances, rules or
regulations that may need to be amended (see attached Alert).
This memo provides a list of state laws regulating firearms and ammunition available for
enforcement by local governments. The laws are separated into three sections: (1) laws that
apply to all Floridians or universal firearm statutes; (2) laws that apply to those Floridians with a
concealed firearms/weapons permit; and (3) other potentially applicable laws.
Section 1 - Universal firearm statutes
Generally, Chapter 790, Florida Statutes, regulates the control, possession, sale, discharge, and
manufacture of weapons and firearms in the state. Chapter 790 also lists varying penalties
depending on the severity of the violation and the violator's criminal background. Section
790.001, Florida Statutes, defines "firearm" to mean any weapon (including a starter gun) which
will, is designed to, or may readily be converted to expel a projectile by the action of an
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explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any
destructive device; or any machine gun. The term "firearm" does not include an antique firearm
unless the antique firearm is used in the commission of a crime.
Carrying a concealed firearm -A person who does not have concealed weapons permit
may not carry a concealed firearm. Section 790.01, Florida Statutes.
Open carrying of a firearm -A person may not openly carry on or about his person any
firearm. Section 790.053, Florida Statutes.
Discharging firearm in public - A person may not discharge a firearm knowingly in any
public place or on the right of way of any paved public road, highway, or street, or
occupied premises. This section does not apply to a person who is lawfblly defending life
or property or performing official duties requiring the discharge of a firearm. Subsection
790.15(1), Florida Statutes.
o Any person or occupant of any vehicle may not knowingly and willfilly discharge
a firearm from a vehicle within 1,000 feet of another person. Subsection
790.15(2), Florida Statutes.
o Any driver or owner of any vehicle, whether or not the owner of the vehicle is
occupying the vehicle, may not knowingly direct any other person to discharge a
firearm from the vehicle. Subsection 790.15(3), Florida Statutes.
Using firearms while under the influence of alcoholic beverages, chemical substances, or
controlled substances
- As used in the law, to "use a firearm" means to discharge a
firearm or to have a firearm readily accessible for immediate discharge; and "readily
accessible for immediate discharge" means loaded and in a person's hand. It is unlawful
for any person who is under the influence of alcoholic beverages, any chemical substance
set forth in s. 877.11 1, or any substance controlled under chapter 893, when affected to
the extent that his or her normal faculties are impaired, to use a firearm. Section 790.15 1,
Florida Statutes.
Shooting into dwellings, public or private buildings, occupied or not occupied, vessels,
aircraft, buses, railroad cars, streetcars, or other vehicles -A person may not, wantonly or
maliciously, shoot at, within, or into any public or private building, occupied or
unoccupied, or public or private bus or any train, locomotive, railway car, caboose, cable
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railway car, street railway car, monorail car, or vehicle of any kind which is being used or
occupied by any person, or any boat, vessel, ship or barge lying in or plying the waters of
the state, or aircraft flying in the airspace of the state. Section 790.19, Florida Statutes.
Improper exhibition of firearms - A person may not, in the presence of one or more
persons, display a firearm in a rude, careless, angry, or threatening manner except for
necessary self-defense. Section 790.10, Florida Statutes.
Possessing or discharging firearms at a school-sponsored event on school property - A
person may not exhibit a firearm, except as authorized in support of school sanctioned
activities, in a rude, careless, angry or threatening manner at a school-sponsored event or
on the property of any school, school bus, or school bus stop or within 1000 feet of the
real property that comprises a public or private elementary school, middle school, or
secondary school, during school hours or during the time of a sanctioned school activity.
A person also may not possess or discharge a firearm on the property of any school,
school bus or school bus stop. For the purposes of this section a "school" means any
preschool, elementary school, middle school, junior high school, secondary school, career
center, or post-secondary school, whether public or private. Section 790.1 15, Florida
Statutes.
Crimes in Pharmacies: possession of weapons - A person may not possess a concealed
firearm within the premises of a pharmacy. Section 790.145, Florida Statutes.
Discharging Machine guns -A person may not shoot or discharge any machine gun upon,
across, or along any road, street, or highway in the state; upon or across any public park
in the state; or in, upon, or across any public place where people are accustomed to
assemble in the state. This section does not apply to the use of such machine guns by any
law enforcement officer while in the discharge of his or her lawful duty. Section 790.16,
Florida Statutes.
Furnishing firearms to minors under 18 years of age - A person may not knowingly or
willfully sell or transfer a firearm to a minor under 18 years of age, except that a person
may transfer ownership of a firearm to a minor with permission of the parent or guardian,
and the parent or guardian must maintain possession of the firearm. Section 790.17,
Florida Statutes.
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Safe storage of firearms required -A person who stores or leaves, on a premise under his
or her control, a loaded firearm, as defined in s. 790.001, and who knows or reasonably
should know that a minor is likely to gain access to the firearm without the lawhl
permission of the minor's parent or the person having charge of the minor, or without the
supervision required by law, shall keep the firearm in a securely locked box or container
or in a location which a reasonable person would believe to be secure or shall secure it
with a trigger lock, except when the person is carrying the firearm on his or her body or
within such close proximity thereto that he or she can retrieve and use it as easily and
quickly as if he or she carried it on his or her body. Section 790.174, Florida Statutes.
Use of BB guns, air or gas operated guns, or electric weapons by minor under 16;
possession of a firearm by minor under 18- The Florida Statutes do not appear to have a
specific regulation relating to the firing of a BB gun by an adult who is over the age of
19; also a BB gun may not be considered to be a "firearm" for purposes of the
preemption in section 790.33, Florida Statutes.
o The use for any purpose of a BB gun, or electric weapons or devices, by an
unsupervised minor under the age of 16 is prohibited; supervising adults must
have the permission of the minor's parent that the child may participate in the
activity.
o A minor under 18 years of age may not possess a firearm, other than an unloaded
firearm at his or her home, unless: the minor is engaged in a lawhl hunting
activity or the minor is engaged in a lawful marksmanship activity or recreational
shooting competition. Section 790.22, Florida Statutes.
Possession of short-barreled rifle, short-barreled shotgun, or machine gun - A person may
not own or have in his or her care, custody, possession, or control any short-barreled rifle,
short-barreled shotgun, or machine gun which is, or may readily be made, operable; but
this section shall not apply to antique firearms. Firearms in violation hereof which are
lawfully owned and possessed under provisions of federal law are excepted. Section
790.22 1, Florida Statutes.
Felons and delinquents; possession of firearms, ammunition, or electronic weapons - A
person may not own or to have in his or her care, custody, possession, or control any
firearm, if that person has been:
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o Convicted of a felony in the courts of this state;
o Found, in the courts of this state, to have committed a delinquent act that would
be a felony if committed by an adult and such person is under 24 years of age;
o Convicted of or found to have committed a crime against the United States which
is designated as a felony;
o Found to have committed a delinquent act in another state, territory, or country
that would be a felony if committed by an adult and which was punishable by
imprisonment for a term exceeding
1 year and such person is under 24 years of
age; or
o Found guilty of an offense that is a felony in another state, territory, or country
and which was punishable by imprisonment for a term exceeding 1 year.
o This section shall not apply to a person convicted of a felony whose civil rights
and firearm authority have been restored. Section 790.23, Florida Statutes.
Possession of firearm or ammunition prohibited when person is subiect to an iniunction
against committing acts of domestic violence
- A person may not have in his or her care,
custody, possession, or control any firearm or ammunition if the person has been issued a
final injunction that is currently in force and effect, restraining that person from
committing acts of domestic violence, and that has been issued under s. 741.30. Section
790.233, Florida Statutes.
Armor-piercing or exploding ammunition or dragon's breath shotgun shells, bolo shells,
or flechette shells prohibited -A person may not manufacture, sell, offer to sell, or
deliver and a person is restricted from possessing any armor-piercing bullet or exploding
bullet, or dragon's breath shotgun shell, bolo shell, or flechette shell. Subsection
790.3 1 (2), Florida Statutes.
Field of Regulation of firearms and ammunition preempted - Except as expressly
provided by the State Constitution or general law, the Legislature hereby declares that it
is occupying the whole field of regulation of firearms and ammunition, including the
purchase, sale, transfer, taxation, manufacture, ownership, possession, storage, and
transportation thereof, to the exclusion of all existing and fbture county, city, town, or
municipal ordinances or any administrative regulations or rules adopted by local or state
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government relating thereto. Any such existing ordinances, rules, or regulations are
hereby declared null and void. Section 790.33, Florida Statutes.
o This subsection shall not affect zoning ordinances which encompass firearms
businesses along with other businesses. Zoning ordinances which are designed for
the purpose of restricting or prohibiting the sale, purchase, transfer, or
manufacture of firearms or ammunition as a method of regulating firearms or
ammunition are in conflict with this subsection and are prohibited. Subsection
790.33(1), Florida Statutes.
Section 2 - Statutes that pertain to persons with Concealed FirearmsIWeapons Permits
(CW)
In Florida, if a person has registered with the Department of Agriculture and Consumer Services
and is legally permitted to carry a registered firearm, there are still general laws with which the
person must abide. The state imposes restrictions on places a person is allowed to carry a
firearm, which are in addition to federal restrictions.
Concealed Firearms/Weapons Permit; restrictions - The possession of a concealed
firearms/weapons permit does not allow a person to bring a firearm in the following
areas. Note the existence or non-existence of a concealed firearms/weapons permit does
not preclude a person from violating the law if they possess a firearm in one of the below
defined areas:
o 1. Any place of nuisance as defined in s. 823.05;
Subsection 823.05(1), Florida Statutes, provides: whoever shall erect, establish,
continue, or maintain, own or lease any building, booth, tent or place which tends
to annoy the community or injure the health of the community, or become
manifestly injurious to the morals or manners of the people as described in s.
823.01, or any house or place of prostitution, assignation, lewdness or place or
building where games of chance are engaged in violation of law or any place
where any law of the state is violated, shall be deemed guilty of maintaining a
nuisance, and the building, erection, place, tent or booth and the furniture,
fixtures, and contents are declared a nuisance.
o 2. Any police, sheriff, or highway patrol station;
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o 3. Any detention facility, prison, or jail;
o 4. Any courthouse;
o 5. Any courtroom, except that nothing in this section would preclude a judge from
carrying a concealed weapon or determining who will carry a concealed weapon in his or
her courtroom;
o 6. Any polling place;
o 7. Any meeting of the governing body of a county, public school district, municipality,
or special district;
o 8. Any meeting of the Legislature or a committee thereof;
o 9. Any school, college, or professional athletic event not related to firearms;
o 10. Any elementary or secondary school facility or administration building;
o 1 1. Any career center;
o 12. Any portion of an establishment licensed to dispense alcoholic beverages for
consumption on the premises, which portion of the establishment is primarily devoted to
such purpose;
o 13. Any college or university facility unless the licensee is a registered student,
employee, or faculty member of such college or university and the weapon is a stun gun
or nonlethal electric weapon or device designed solely for defensive purposes and the
weapon does not fire a dart or projectile;
o
14. The inside of the passenger terminal and sterile area of any airport, provided that no
person shall be prohibited fiom carrying any legal firearm into the terminal, which
firearm is encased for shipment for purposes of checking such firearm as baggage to be
lawfully transported on any aircraft; or
o 15. Any place where the carrying of firearms is prohibited by federal law. Subsection
790.06(12), Florida Statutes.
Nonresidents who are Unites States citizens and hold a concealed weapons license in
another state; reciprocity
- Notwithstanding s. 790.01, a resident of the United States who
is a nonresident of Florida may carry a concealed firearm while in this state if the
nonresident:
o Is 21 years of age or older; and
o Has in his or her immediate possession a valid license to carry a concealed
weapon or concealed firearm issued to the nonresident in his or her state of
residence.
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o A nonresident is subject to the same laws and restrictions with respect to carrying
a concealed weapon or concealed firearm as a resident of Florida who is so
licensed. Section 790.0 15, Florida Statutes.
Section 3 - Other Potentially Applicable Laws
The following section includes other applicable laws that may be appropriate when dealing with
the discharge, possession, transfer, or concealment of a firearm.
General Nuisances - All nuisances that tend to annoy the community, injure the health of
the citizens in general, or corrupt the public morals are misdemeanors of the second
degree. Section 823.0 1, Florida Statutes
Specific Nuisances - Whoever shall erect, establish, continue, or maintain, own or lease
any building, booth, tent or place which tends to annoy the community or injure the
health of the community, or become manifestly injurious to the morals or manners of the
people as described in s.823.01, or any house or place of prostitution, assignation,
lewdness or place or building where games of chance are engaged shall be guilty of
maintaining a nuisance, and the building, erection, place, tent, or booth and the furniture,
fixtures, and contents shall be declared a nuisance. Section 823.05, Florida Statutes.
Breach of the Peace - Whoever commits such acts as are of a nature to corrupt the public
morals, or outrage the sense of public decency, or affect the peace and quiet of persons
who may witness them, or engages in brawling or fighting, or engages in such conduct as
to constitute a breach of the peace or disorderly conduct shall be guilty of a misdemeanor.
Section 877.03, Florida Statutes.
Lawful ownership, possession, and use of firearms - The provisions of ss. 790.053 (Open
carrying of firearms) and 790.06 (License to cany concealed firearm) do not apply in the
following instances, and, despite such sections, it is lawfbl for the following persons to
own, possess, and lawfully use firearms and other weapons, ammunition, and supplies for
lawful purposes:
o Members of the Militia, National Guard, Florida State Defense Force, Army,
Navy, Air Force, Marine Corps, Coast Guard, organized reserves, and other
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armed forces of the state and of the United States, when on duty, when training or
preparing themselves for military duty, or while subject to recall or mobilization;
Citizens of this state subject to duty in the Armed Forces under s. 2, Art. X of the
State Constitution, under chapters
250 and 25 1, and under federal laws, when on
duty or when training or preparing themselves for military duty;
Persons carrying out or training for emergency management duties under chapter
252;
Sheriffs, marshals, prison or jail wardens, police officers, Florida highway patrol
officers, game wardens, revenue officers, forest officials, special officers
appointed under the provisions of chapter 354, and other peace and law
enforcement officers and their deputies and assistants and full-time paid peace
officers of other states and of the Federal Government who are carrying out
official duties while in this state;
Officers or employees of the state or United States duly authorized to carry a
concealed weapon;
Guards or messengers of common carriers, express companies, armored car
carriers, mail carriers, banks, and other financial institutions, while actually
employed in and about the shipment, transportation, or delivery of any money,
treasure, bullion, bonds, or other thing of value within this state;
Regularly enrolled members of any organization duly authorized to purchase or
receive weapons from the United States or from this state, or regularly enrolled
members of clubs organized for target, skeet, or trap shooting, while at or going to
or from shooting practice; or regularly enrolled members of clubs organized for
modem or antique firearms collecting, while such members are at or going to or
from their collectors' gun shows, conventions, or exhibits;
A person engaged in fishing, camping, or lawful hunting or going to or returning
from a fishing, camping, or lawful hunting expedition;
A person engaged in the business of manufacturing, repairing, or dealing in
firearms, or the agent or representative of any such person while engaged in the
lawful course of such business;
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o A person firing weapons for testing or target practice under safe conditions and in
a safe place not prohibited by law or going to or from such place;
o A person firing weapons in a safe and secure indoor range for testing and target
practice;
o A person traveling by private conveyance when the weapon is securely encased or
in a public conveyance when the weapon is securely encased and not in the
person's manual possession;
o A person while carrying a pistol unloaded and in a secure wrapper, concealed or
otherwise, from the place of purchase to his or her home or place of business or to
a place of repair or back to his or her home or place of business.
o A person possessing arms at his or her home or place of business;
o Investigators employed by the several public defenders of the state, while actually
carrying out official duties;
Construction.-This act shall be liberally construed to carry out the
declaration of policy herein and in favor of the constitutional right
to keep and bear arms for Lawful purposes. This act is supplemental
and additional to existing rights to bear arms now guaranteed by
law and decisions of the courts of Florida and nothing herein shall
impair or diminish any of such rights. This act shall supersede any
law, ordinance, or regulation in conflict herewith. Subsections
790.25 (3) and (4), Florida Statutes.
Possession of a firearm in a Private Conveyance. - It is lawful and is not a violation of s.
790.01 for a person 18 years of age or older to possess a concealed firearm for self-
defense or other lawful purpose within the interior of a private conveyance, without a
license, if the firearm or other weapon is securely encased or is otherwise not readily
accessible for immediate use. Nothing in the statute prohibits the carrying of a legal
firearm other than a handgun anywhere in a private conveyance when such firearm is
being carried for a lawful use. These laws shall not be construed to authorize the carrying
of a concealed firearm or other weapon on the person. This subsection shall be liberally
construed in favor of the lawful use, ownership, and possession of firearms and other
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weapons, including lawful self-defense as provided in s. 776.012. Subsection 790.25(5),
Florida Statutes.
Protection of the right to keep and bear arms in motor vehicles for self-defense and other
lawful purposes - The Legislature has determined that individual citizens have a
constitutional right to keep and bear arms, that they have a constitutional right to possess
and keep legally owned firearms within their motor vehicles for self-defense and other
lawful purposes, and that these rights are not abrogated by virtue of a citizen becoming a
customer, employee, or invitee of a business entity. The Legislature finds that a citizen's
lawful possession, transportation, and secure keeping of firearms and ammunition within
his or her motor vehicle is essential to the exercise of the fundamental constitutional right
to keep and bear arms and the constitutional right of self-defense. The Legislature finds
that protecting and preserving these rights is essential to the exercise of freedom and
individual responsibility. The Legislature further finds that no citizen can or should be
required to waive or abrogate his or her right to possess and securely keep firearms and
ammunition locked within his or her motor vehicle by virtue of becoming a customer,
employee, or invitee of any employer or business establishment within the state, unless
specifically required by state or federal law.
o No public or private employer may violate the constitutional rights of any
customer, employee, or invitee as provided in paragraphs (a)-(e):
(a) No public or private employer may prohibit any customer, employee,
or invitee from possessing any legally owned firearm when such firearm is
lawfully possessed and locked inside or locked to a private motor vehicle
in a parking lot and when the customer, employee, or invitee is lawfully in
such area.
(b) No public or private employer may violate the privacy rights of a
customer, employee, or invitee by verbal or written inquiry regarding the
presence of a firearm inside or locked to a private motor vehicle in a
parking lot or by an actual search of a private motor vehicle in a parking
lot to ascertain the presence of a firearm within the vehicle. Further, no
public or private employer may take any action against a customer,
employee, or invitee based upon verbal or written statements of any party
11
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concerning possession of a firearm stored inside a private motor vehicle in
a parking lot for lawful purposes. A search of a private motor vehicle in
the parking lot of a public or private employer to ascertain the presence of
a firearm within the vehicle may only be conducted by on-duty law
enforcement personnel based upon due process and must comply with
constitutional protections.
(c) No public or private employer shall condition employment upon
either:
1. The fact that an employee or prospective employee holds or
does not hold a concealed firearmslweapons license issued
pursuant to s. 790.06; or
2. Any agreement by an employee or a prospective employee that
prohibits an employee from keeping a legal firearm locked inside
or locked to a private motor vehicle in a parking lot when such
firearm is kept for lawful purposes.
(d) No public or private employer shall prohibit or attempt to prevent any
customer, employee, or invitee from entering the parking lot of the
employer's place of business because the customer's, employee's, or
invitee's private motor vehicle contains a legal firearm being carried for
lawful purposes, that is out of sight within the customer's, employee's, or
invitee's private motor vehicle.
(e) No public or private employer may terminate the employment of or
otherwise discriminate against an employee, or expel a customer or invitee
for exercising his or her constitutional right to keep and bear arms or for
exercising the right of self-defense as long as a firearm is never exhibited
on company property for any reason other than lawful defensive purposes.
Section 790.25 1, Florida Statutes.
While the Florida Legislature has gone to great lengths to ensure local governments may not
regulate the area of firearms and ammunitions, the purpose of this memorandum is to provide
local governments with the resources with which it may enforce violations of state laws.
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IMMEDIATE ACTION REQUESTED
June 28,2011
LOCAL REGULATION OF FIREARMS AND AMMUNITION:
PENALTIES FOR VIOLATING STATE PREEMPTION
CS/CS/CS/HB 45 (Rep. Gaetz) imposes a financial penalty on governments, elected officials, or staff
that adopt policies or take enforcement action violating the existing state law preemption of firearms
and ammunition regulation. The bill was approved by the Governor, is designated as Chapter No.
20 1 1-109, and becomes effective on October 1,20 1 1.
Under current law, section 790.33, Florida Statutes, the state has preempted "the whole field of
regulation of firearms and ammunition" to the exclusion of any city or county ordinances, regulations
or rules, Under
HB 45, city officials or employees who willfully and knowingly violate the preemption
would be personally liable for a fine of up to $5,000. A willful and knowing violation of the
reemption is also grounds for termination of employment or contract, or removal from office by the
governor. Also, public hnds may not be used to defend or reimburse the unlawhl conduct of any
person found to have knowingly and willhlly violated the preemption. An ordinance, regulation or rule
that violates the preemption is to be ruled invalid and a permanent injunction is to be issued prohibiting
its enforcement. A government could be liable for actual damages up to $100,000 and for the
plaintiffs attorney's fees. For example, under
HB 45, an elected city official passing or a city
employee enforcing an ordinance prohibiting guns in parks, discharging guns within city limits, or
otherwise restricting guns could be personally liable and the government could also be liable.
Your city attorney should likely review your city's codes for any existing firearms or ammunition
related ordinances, regulations or rules. Such an ordinance, regulation or rule should be carehlly
considered to determine if it violates the state preemption. (Attached is a news article on recent actions
taken by Leon County addressing existing ordinances determined by the county attorney to be subject
to the state preemption.) The new law is effective October 1'20 1 1, and your city should have taken
any corrective actions prior to this date.
If you have any questions on this matter, please contact Kraig Conn (kconn flcities.com) or Rebecca
O'Hara (rohara flcities.com), at 850-222-9684.
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I n 1987, the Florida Legislature
~reempted the "whole field of regula- All cities a re u r
tion of firearms and ammunition"
to the state. This preemption includes
the purchase, sale, transfer, taxation, code of ordinanc from the date on
manufacture, ownership, possession,
and regulations Or The bill provides limited exceptions storage and transportation of firearms
and ammunition. Local government to its operation, as follows:
ordinances, rules or regulations violat- IU I~s f 01 any P~OV~S~O ns A Zoning ordinances that en-
ing the preemption were declared that could violate the compass firearms businesses
null and void; however, the 1987 law along with other businesses are
provided no penalties for violating the
preemption.
CSICSICSIHB 45, sponsored by
Rep. Matt Gaetz, establishes penalties
for local governments, elected officials
and public employees that adopt or
enforce local firearms or ammunition
regulations that violate the state pre-
emption of regulation. Under the bill,
for example, an elected city official
passing or a city employee enforcing
an ordinance prohibiting guns in parks,
the discharge of guns within city limits,
or otherwise restricting guns could be
personally liable for a civil penalty, and
the governmental entity could be liable
for actual damages.
The bill applies to any person, mu-
nicipality, county, agency, district or
other entity that violates the Legisla-
ture's preemption by enacting or caus-
ing to be enforced any local ordinance,
rule or regulation.
If a court determines that an ordi-
nance, regulation or rule violates the
preemption, the court must declare it
invalid and issue a permanent injunc-
tion prohibiting its enforcement. If a
court determines that a violation of the
preemption was "knowing and will-
ful," the court must assess a civil fine
of up to $5,000 against the elected or
appointed local government official or
officials or administrative agency head
under whose jurisdiction the violation
state preemption of the
regulation of firearms
or ammunition.
occurred. For example, if a city com-
mission adopts an ordinance regulating
guns that the city attorney has advised
clearly violates the preemption, the
members of the city commission who
voted "yes" on the ordinance could be
determined to have acted in a "know-
ing and willful" manner to violate the
preemption.
The bill also restricts the use of
public funds to defend or reimburse
the unlawful conduct of any person
found to have knowingly and willfully
violated the preemption. A knowing
and willful violation by a person act-
ing in an official capacity is cause for
termination of employment or contract
or removal from office by the governor.
In addition, a person or an orga-
nization (such as the National Rifle
Association) whose membership is
adversely affected by any ordinance,
regulation, rule, order or policy that is
a violation of the preemption may file
suit against the governmental entity
for declaratory and injunctive relief
and for actual damages.
A court must
award the prevailing plaintiff in any
such action reasonable attorney's fees
permitted, except that zoning
ordinances that are designed
for the purpose of restricting or
prohibiting the sale, purchase,
transfer or manufacture of
firearms or ammunition as a
method of regulating firearms
or ammunition are prohibited.
A A law enforcement agency may
enact and enforce regulations
pertaining to firearms, ammu-
nition or firearm accessories
issued to law enforcement
officers in the course of their .
official duties.
The bill also permits employers to
properly regulate employees carrying
firearms or ammunition; judges to
hear and resolve any case within their
jurisdiction; and the Florida Fish and
Wildlife Conservation Commission to
regulate the use of firearms or ammuni-
tion as it is so authorized.
All cities are urged to review their
current code of ordinances and regula-
tions or rules for any provisions that
could violate the state preemption of
the regulation of firearms or ammu-
nition. Such ordinances, regulations
or rules may have to be modified to
comply with the preemption. CSICSI
CSIHB 45 is effective October 1,2011.
Kraig Conn is legislative cozinsel for
the Florida League of Cities. 45
Quality Cities - May/June 2011
37
97 of 98
Public Records and Public Meetings
Emergency Notification Information
HB 597 (Taylor) provides an exemption from public records requirements for information
furnished by a person to an agency for the purpose of being provided with emergency
notification by the agency. Effective July l,20 1 1. Chapter No. 20 1 1-85, Laws of Florida.
Local Government Inspector Generals
CS/HB 667 (Clemens) expands the exemption from public records requirements for certain
records relating to investigations in the custody of an inspector general of a local government.
The bill provides that the record becomes an open public record once the investigation is final.
Effective October l,20 1 1. Chapter No. 201 1-87, Laws of Florida.
Photos and Recordings - Killing of a Person
CS/HB 4 1 1 (Burgin) provides an exemption from public records requirements for photographs,
video and audio recordings that depict or record the killing of a person.. The bill allows local
governments to access these records in furtherance of official duties. Effective July 1, 201 1.
Chapter No. 20 1 1 - 1 1 5, Laws of Florida.
VETOED
*
Competitive Solicitation
CS/HB 7223 (House Government Operations Subcommittee) amends provisions that provide an
exemption from public records requirements for bids, proposals or replies submitted to an agency
in response to a competitive solicitation. The bill broadens the definition of a "competitive
solicitation," which will allow local governments to use the public-records exemption for
"Invitations to Negotiate." The bill amends a current exemption from public meetings
requirements for meetings at which a negotiation with a vendor is conducted and provides an
exemption from public records requirements for recordings of such meetings. Effective June 2,
20 1 1. Chapter No. 20 1 1-140, Laws of Florida.
98 of 98