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04242013 Agenda Packet
Cf1Y or F-so =*S&� HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, APRIL 24, 2013 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAYBE INSPECTED IN THE OFFICE OF THE CITY CLERK 1225 MAIN STREET, SEBASTIAN, FLORIDA OR ON THE CITY WEBSITE Procedures for Public Input are Attached to the Back of the Agenda CALL TO ORDER 2. INVOCATION — Pastor Todd Thomas, Sebastian Christian Church 3. PLEDGE OF ALLEGIANCE — Led by Mayor Bob McPartlan 4. ROLL CALL 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 13.061 A. Proclamation - National Day of Recognition for Volunteers — Accepted by City of 5 Sebastian Volunteers 13.062 B. Proclamation — National Child Abuse Prevention Month — Accepted by Exchange 6 Club of Sebastian Member Michael Natale C. Brief Announcements 5/4/13 - Craft Club Show in Riverview Park 9 am to 3 pm 1 of 68 7. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he /she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his /her hand to be recognized. 7 -18 A. Approval of Minutes — April 10, 2013 Regular Meeting 13.063 B. Authorize Execution of Modified Twin Piers Submerged Lands Lease (City 19 -31 Manager Transmittal, FDEP Letter, Modified Lease) 13.024 C. Award Bid to Playmore Recreational Products of Ft. Myers FL for Community 31 -44 Center Playground (Low Bidder) in the Amount of $17,400.00 (Parks Transmittal, Bid Tabulation Form, Propososal Price Form and Drawings) 13.064 D. Approve Sebastian River Art Club Shows for 2013 -2014 with 50% Reduction of 45 -47 Fees — 11/16/13, 12/14/13, 1/11/14, 2/15/14, 2/16/14, 3/22/14, and 4/13/14 10 am to 4 pm with Requested Raindates Sunday Immediately Following Except January — West Side of Park (Parks Transmittal, Art Club Letter, 13.065 E. Approve Road Closures for Boy Scout Troop 500 5K Run Fundraiser — 48 -49 September 14, 2013 from 6:30 am to 9:30 am — Indian River Drive from Riverview Park Pavilion North to Jackson Street and Back to Park (Parks Transmittal, Park Permit Application) 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. 13.066 A. Planning & Zoning Commission 50 -66 (City Clerk Transmittal, Applications, Ad, List) i. Interview, Unless Waived, and Submit Nominations for One Expired Regular Member Position — Term to Expire 5/1/2016 — Four Applicants (City Clerk Transmittal, Applications, Press Release, Committee List) 9. PUBLIC HEARINGS - None 10. UNFINISHED BUSINESS 11. PUBLIC INPUT 12 NEW BUSINESS 13.067 A. Stormwater Utility Fee Credit Policy /Dr. Fischer Refund (City Manager 67 -68 Transmittal) 2 of 68 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 15. CITY CLERK MATTERS 16. CIT A. B. C. D. 13.068 ( COUNCIL MATTERS Council Member Coy Council Member Hill Mayor McPartlan Vice Mayor Wright i. Septic to Sanitary Sewer Project (No Backup) E. Council Member Adams 17. ADJOURN (All meetings shall adjourn at 10:00 p.m. unless extended for up to one half hour by a majority vote of City Council) HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS All City Council Meetings are Aired Live on Comcast Channel 25. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (F.S.286.0105) IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589 -5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Upcoming meetings: May 8, 2013 Regular City Council Meeting — 6:30 pm May 22, 2013 Regular City Council — 6:30 pm June 12, 2013 Regular City Council Meeting — 6:30 pm June 26, 2013 Regular City Council Meeting — 6:30 pm 3 of 68 PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION R -12 -01 Reqular City Council Meetings Public input is ALLOWED under the headings: ✓ Consent Agenda ✓ Public Hearings ✓ Unfinished Business ✓ New Business ✓ Public Input Public input is NOT ALLOWED under the headings: ✓ Proclamations, Awards, Brief Announcements (except for individuals giving or accepting proclamations or awards); ✓ Committee Reports and Appointments (except for committee members giving reports and applicants being interviewed for committee appointments); ✓ City Council Matters ✓ Charter Officer Matters Council may, by majority vote, call upon an individual to provide input if desired. Workshops and Special Meetings. Public input is limited to the item on the agenda Time Limit Input on agenda items where public input is permitted on agendas is FIVE MINUTES; however, City Council may extend or terminate an individual's time by majority vote of Council members present. Input Directed to Chair Speakers shall address the City Council IMMEDIATELY PRIOR TO CITY COUNCIL DELIBERATION of the agenda item and ALL INPUT SHALL BE DIRECTED TO THE CHAIR, unless answering a question of a member of City Council or City staff. Individuals shall not address City Council after commencement of City Council deliberation on an agenda item after public input has concluded, provided, however, the Mayor and members of City Council may recall an individual to provide additional information or to answer questions. Certain Remarks Prohibited Personal, impertinent, and slanderous remarks, political campaigning and applauding are not permitted and may result in expulsion from the meeting. The Chair shall make determinations on such remarks, subject to the repeal provisions below. Appealing Decisions of Chair Any member of Council may appeal the decision of the Chair to the entire Council. A majority vote of City Council shall overrule any decision of the Chair. Public Input Heading on Agenda The heading on Regular Meeting agendas "Public Input" provides an opportunity for individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED AGENDA. Individuals are asked to attempt to resolve matters with staff prior to meetings. Individuals are asked to provide copies of material for Council one week prior to the meeting if they intend to refer to specific material. City Council will not debate an issue during Public Input but may by consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. 4 of 68 CnOf �4- /3.D11 E HOME Of PELICAN ISLAND ?ROCLAMATIOAt National Volunteer Week April 21 through April 27, 2013 WHEREAS, throughout our history our Nation has been profoundly shaped by ordinary Americans who have volunteered their time and energy to help their fellow man and we have always been at our best when people come together to realize a common vision; and WHEREAS, here in our beautiful City of Sebastian, people come together daily to give of their time, effort and compassion to make this a better place and create a better life for others-, and WHEREAS, the City of Sebastian has always been rich in volunteerism and its volunteers give their time daily to bring food and comfort to those older and in need, they keep our cities safe and secure and operating during times of economic downturn, they help to build homes for the poor, they mentor children and teach them to read, they walk to support causes, and endlessly give of their tune to bring smiles to the faces of others-, and WHEREAS, volunteer service is a lifelong pursuit that strengthens all of us and with every act, our lives are made richer, our communities are drawn closer, and our country is forged stronger by the dedication and generous spirit of volunteers, and WHEREAS, today, along with our gratitude to the many volunteers in our community who give unselfishly of their time, we also want to pay tribute to our City Hall and police Department volunteers who have contributed thousands of hours of their time to make our City operate smoothly and to keep citizens safe from harm. We are all richer for their presence. NOW THEREFORE, I, Bob McPartlan, by virtue of the authority vested in me as Mayor of the City of Sebastian, and on behalf of the Sebastian City Council, do hereby proclaim April 21 through April 27, 2013, as National Volunteer Week, and urge everyone to observe this week by volunteering and pledging to make service a part of our daily lives. and to express our gratitude to those who give every day. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Sebastian to be affixed this 24th day of April, 2013- By: Bob McPartlan, Mayor 5 of 68 LiTS Of 613 -13. !n z SEBASTtAN HOME OF PELICAN ISLAND PROCLAMATION NATIONAL CHILD ABUSE PREVENTION MONTH APRIL 2013 EXCHANGE CLUB OF SEBASTIAN CHILD ABUSE PREVENTION PROGRAMS WHEREAS, for more than 30 years, the Exchange Club of Sebastian has contributed to the prevention of child abuse in our community, by contributions to Exchange Club C.A.S.T.L.E. and sponsoring Exchange Club Yellow Umbrella Child Abuse Prevention Centers; and WHEREAS, the Exchange Club of Sebastian has supported youth - oriented activities through service to and contributions to Fellsmere and Sebastian Boys & Gins Clubs, and WHEREAS, the Sebastian Exchange Club Foundation awards scholarships for higher education each year to graduating Sebastian River Nigh School seniors, and WHEREAS, the Exchange Club of Sebastian honors middle school and high school students through the Student of the Month program, giving recognition in areas of good citizenship. scholastic achievement, community involvement, and leadership; and WHEREAS, the Exchange Club of Sebastian presents the annual ACE (Accepting the Challenge of Excellence) award, whose recipient has overcome enormous obstacles in their lives in order to excel and graduate from high school, and WHEREAS, the Exchange Club of Sebastian mentors and contributes to Youth Guidance, which fosters and mentors at -risk children in our community; and WHEREAS, the Sebastian Exchange Club Foundation hosts the Blue Water Open Charity Offshore Fishing Tournament annually, all proceeds of which go to non - profit organizations in the community that prevent child abuse and foster positive youth activities, and brings revenue into the Sebastian community. NOW, THEREFORE, I, Bob McPartlan, by virtue of the authority vested in me as Mayor of the City of Sebastian and on behalf of the Sebastian City Council, do hereby proclaim the month of April, 2013, as NATIONAL CHILD ABUSE PREVENTION MONTH and urge awareness and support for programs offered to prevent child abuse in our communities. IN WITLESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Sebastian, Florida, to be affixed this 24th day of April, 2013- CITY OF SEBASTIAN, FLORIDA Bob McPartlan, Mayor 6 of 68 MY OF SEBASTL HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, APRIL 10, 2013 —6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor McPartlan called the Regular Meeting to order at 6:30 p.m. 2. Invocation was given by Pastor Seth Goldsmith, Coastal Community Church. 3. The Pledge of Allegiance was led by Council Member Hill. 4. ROLL CALL Citv Council Present: Mayor Bob McPartlan Vice -Mayor Don Wright Council Member Jerome Adams Council Member Andrea Coy Council Member Jim Hill City Staff Present: City Manager, Al Minner City Attorney, Robert Ginsburg City Clerk, Sally Maio Building Director, Wayne Eseltine Community Development Director, Joseph Griffin Police Chief, Michelle Morris Public Works Director, Jerry Converse Parks Supervisor, Chris McCarthy Garage Manager, Greg Schmidt MIS Senior Analyst, Barbara BrOOke -Reese 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members New Business item G was moved to the beginning of New Business by request of Mayor McPartlan on behalf of the applicant's parents and consensus of Council. 7 of 68 Regular City Council Meeting April 10, 2013 Page Two 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. 13.047 A. Proclamation - National Child Abuse Prevention Month - April 2013 6 Accepted by Sabrina Barnes, Interim Executive Director /Director of Program Operations. Children's Home Societv of Florida Treasure Coast Division Mayor McPartlan read and presented the Proclamation to Sabrina Barnes. Ms. Barnes addressed residents about the effects of child abuse and strides being made, and handed out blue ribbons and materials urging awareness of everyone's responsibility to work to prevent child abuse and protect children and their futures. Mayor McPartlan announced an upcoming "End Child Abuse, Stop the Tears" breakfast on April 24th at Unity Church of Vero Beach, where foster parents will speak about what they get back from fostering and said more information can be obtained from United for Families website www.uff.us. 13.048 B. Proclamation - National Public Safety Telecom municator's Week - Accepted by 7 Police Department Dispatcher Mayor McPartlan read and presented the Proclamation to Naomi Charles, City of Sebastian Police dispatcher. 13.049 C. Proclamation - Presented to Wayne Eseltine - Certified Flood Plain Manager 8 Mayor McPartlan read and presented the proclamation and certificate to Building Director, Wayne Eseltine and congratulated him on his achievement. Mr. Eseltine thanked management for the opportunity to attend the course. 13.050 D. Proclamation - Arbor Day /Earth Day - April 20th Earth Day Event at Riverview 9 Park - Accepted by Natural Resources Board Chair. Robin Graves Mayor McPartlan read and presented the Proclamation to Robin Graves, Chairperson, Natural Resources Board, who invited people to come out and participate. 13.051 E. Natural Resources Board Chairman - Recommendation for Support of Indian River Lagoon Coalition (No Backup, Proposed Support Resolution Under New Business) Chairperson Robin Graves briefly addressed City Council on behalf of the Board to strongly recommend the City's participation in the Indian River Lagoon Coalition. F. Brief Announcements 4/19 — City Furlough Day — City Hall Closed 4/19 — Sebastian River HS Jazz Ensemble and Steel Drum Band — 5:30 — 8 pm 4/20 — Earth Day Festival — Hosted by Natural Resources Board — 8 am to 1 pm Mr. Wright announced a Craft Club children's movie night in Riverview Park. Mayor McPartlan discussed the Sebastian PD Citizens Academy which recently conducted its last class graduation. He urged future attendance and commended Officer Steve Marcinik for his commitment to community safety training and said he is an asset to the City. 2 8 of 68 Regular City Council Meeting April 10, 2013 Page Three 7. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member City Council so requests, in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he /she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. 10-15 A. Approval of Minutes - March 27, 2013 Regular Meeting 13.052 B. Approve Revised, Amended, and Restated Stormwater Drainage and Detention 16-29 Easement Agreement Originally Approved in 2005 Between City of Sebastian and Blue Crabapple, LLC - Developer of Publix Property at CR 510 and Sebastian Boulevard (City Manager Transmittal, Revised Agreement, 2005 Agreement) 13.053 C. Approve Annual Craft Club Shows at Riverview Park for 2013-2014 - Request to 30-35 Waive Fees 50% - 10/5/13, 11/2/13, 12/7/13, 12/8/13, 1/4/14, 2/1/14, 3/14, 4/5/14, and 5/3/14 and Sunday Rain Dates as Requested (Parks Transmittal, Application, Letter and Dates) 13.054 D. Approve Closing Indian River Drive from Harrison Street North to Jackson 36-38 Street on November 2, 2013 from 6:45 am to 9:30 am for Sebastian River Middle School IB Program 5K Run Fundraiser (Parks Transmittal, Application, Receipt) 13.055 E. Approve Alcoholic Beverage Request for Wedding and Reception at Community 39-41 Center - May 18, 2013 - 5 pm to 11 pm (Parks Transmittal, Application and Receipt) Mr. Adams removed item C. MOTION by Mr. Hill and SECOND by Mr. Wright to approve items A, B, D and E of the Consent Agenda. Roll Call: Ayes: Wright, Adams, Coy, Hill, McPartlan Nays: None Passed 5-0 Item C - Craft Club Shows Mr. Adams asked what rent is typically paid, what the discount would be and would this discount be a detriment to other users. Chris McCarthy responded that they would typically pay $100 per use and the discount would make it $50 per use multiplied by eight events. Mr. Adams concluded it did not seem to be a problem to give the half fee. The City Manager noted they have done this for many years, and they give back to the community. MOTION by Mr. Adams and SECOND by Ms. Coy Roll Call: Ayes: Adams, Coy, Hill, McPartlan, Wright Nays: None Passed: 5-0 3 9 of 68 Regular City Council Meeting April 10, 2013 Page Four 8. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nomina tions and appointments under this heading. Mr. Adams reported on the Treasure Coast Council of Local Governments meeting held today, specifically on a report filed by Workforce Solutions citing a decrease in unemployment in the region. Ms. Coy reported on the Metropolitan Planning Organization meeting held today. She said that a response was given by the County Administrator, when she said the City paid for two shelters for Go -Line in the City, that Indian River County had paid for them. She asked the City Manager to get with Mr. Baird to correct his information. The City Manager said in the spirit of cooperation the City assisted to finish the Main Street shelters and the County paid for the hub by Burger King and he would make contact. 9. PUBLIC HEARINGS (As provided in Resolution No. R -12 -01) Mayor opens hearing City Attorney reads title Staff presentation, comments, and preliminary recommendation Applicant presentation, if necessary Public input City Staff final comments and recommendation Mayor closes hearing unless hearing continuation granted by the affirmative vote of three Council Members Council deliberation and action 13.037 A. Second Reading and Public Hearing on Ordinance No. 0-13-02 - Anti - 42-44 Discrimination - Amendina 0 -05 -07 (City Attornev Transmittal. 0-13-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, RELATING TO DISCRIMINATION IN HOUSING; AMENDING SECTION 4 OF ORDINANCE 0-95-07 TO PROVIDE AN EXCEPTION FOR THE HOUSING NEEDS OF SENIORS AND THE ELDERLY IDENTIFIED IN THE COMPREHENSIVE PLAN FOR THE CITY OF SEBASTIAN, PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. (1St Reading 3/13/13, Legal Ad PJ 3/27/31) Mayor McPartlan opened the hearing at 6:57 p.m. and the City Attorney read 0-13-02 by title. There was no Council discussion or public input requested. MOTION by Mr. Hill and SECOND by Ms. Coy to adopt Ordinance No. 0-13-02. Roll call: Ayes: Coy, Hill, McPartlan, Wright, Adams Nays: None Passed 5-0 10. UNFINISHED BUSINESS 13.031 A. Consideration of Modified Working Waterfront Modified Lease Agreement 45 -08 Between City of Sebastian and Fisherman's Landing Sebastian, Inc. (Commun Development Transmittal, Modified Lease [No change to Exhibits in 2/27/13 Agenda Packet]) The City Manager said he and Community Development Joe Griffin were pleased to present the modified lease agreement, noting that the Fisherman have met and signed off on the modified agreement, and gave a brief overview of its provisions. 4 10 of 68 Regular City Council Meeting April 10, 2013 Page Five The City Manager noted a scrivener error to correct provision 11.E on page 53 of the agenda packet to add "working waterfront" in two places. He said the grant application is on the desk of Florida Inland Navigation District (FIND) for the fish house construction and is hopeful we receive the funding. He recommended approval of the modified lease agreement. MOTION by Mr. Hill and SECOND by Mr. Wright to approve the lease modification with the changes as stated by the City Manager and contingent upon approval by the State. The City Manager said he had sent the preliminary modified lease to the State and they seem happy with the changes, noting there may be a few minor changes to the business plan. Tim Adams, President of Fisherman's Landing Sebastian, Inc. (FLS), said he would like to readdress the issue of special events, stating they are a source of income to maintain buildings and rebuild docks, which was the main reason for requesting three events for three consecutive days. He said if they needed to come back in the future to request more they would. He thanked Ms. Coy for attending the FLS meeting, the City Manager and Community Development Director for their work on the revised lease, and said the non - profit group is being run legally and everyone understands completely what transpired in the past and what will transpire going forward. He said the FLS Board plans to meet monthly if possible because there is a lot for everyone to understand, however, between July and October a lot of the fishermen leave the area with their boats to make a living, so it is difficult to hold those meetings and they may have to amend their by -iaws for a change from the month of August for the annual meeting and elections. Mr. Adams introduced Bobby Waltermeyer, the new FLS Vice President and Ricky McKnight, the new FLS Treasurer /Secretary. Mr. Wright asked them to pre -plan meetings and notify the City Manager when FLS will meet so someone on Council can sit in. Mr. Adams said they would like to invite at least one Council member, and said their by -4aws require ten days notice so they would have time to notify. Mr. Wright said with this lease approved we can move on and Tim Adams assured everyone there had never been anything underhanded going on in the past or currently. Ms. Coy asked Mr. Adams several questions on behalf of the public. Mr. Adams explained how fishermen are typically charged for tying up and unloading at a site, and for the working waterfront they will have to have someone who is keeping track of what they are bringing in and establish some type of percentage charge for their take, but they need to sit down and figure out what will be a fair amount and in line with operations around the State. He said as to their understanding of allowed parking for the Fishermen, Mr. Adams said they have the south quadrant of the parking lot across the street from the Working Waterfront. He said they are currently parking trucks in front of the building, and knew they would have to move them across the street soon. He explained how dealers come in with vats with ice in the morning and as fishermen arrive in the afternoons, sometimes as late as 10 pm, they unload into the vats and then the vats are hauled away by truck. He said there is no set time frame and they need a 24 hour time frame in which to work. The City Manager reiterated FLS will use the lot across the street on the south 1/3 for and the public will use the north 2/3 and it will operate fine. 5 11 of 68 Regular City Council Meeting April 10, 2013 Page Six Ms. Coy clarified that the public won't see much of a change from what is there now and hoped that we don't envision seeing a bunch of trucks on both sides of street. Mr. Adams said on a rare occasion a dealer may have vats on a facility, but they are not going to be a processing facility and there is no way they could do that in an appropriate way. Ms. Coy asked if anyone would be towed if they park in the south 1/3 of the lot across the street by accident. The City Manager said there is towing language in the lease, but it is their intention not to tow the occasional car that parks there but if it were to become an issue they reserve the right to tow. He said it would be posted. Mr. Adams said they would attempt to accommodate people, and invited them to call or see him and they would work with them. Damien Gilliams, 1623 US 1, Sebastian, said lease provision 16.D says they can tow your car, the public should be allowed to park there when they are closed because it is said we are short of parking spaces in the district. He said this property was generating revenue to the community and now the fishermen get it for $1 per year for twenty years with taxpayer money used for the project. He said he asked for materials he provided be put into the record and was told they were not. He said the Finance Department provided documents that showed they didn't have backup documentation for the rent credits. He said this is not a benefit to the community, they should be ashamed and this is a handout. Ben Hocker, Sebastian, said his some of his issues of parking have been resolved by Andrea, and inquired about a strip of property from the dock to the next adjoining property to the south asking is that our property, and the City Manager responded Mr. Hocker is referring to the approved site plan that does show a strip of land, in the area proposed for the boardwalk. Mr. Hocker said there is room for parking 30 to 40 pickup trucks still leaving the area in the front of the dock to pick up fish, and Council might want to look at it again instead of isolating the public parking lot on the west side. He said he disagreed with Damien stating that fishing is a 24 hour operation but cannot see locking the public out when there is adequate parking on the Dabrowski property. He talked about the Archie Smith property asking if there is an engineering survey. He was advised to get with the City Manager. Robert Waltermeyer, Vice President, FLS, said their job is 24-7 with no set times, and in response to allegations that this is a handout, there are four recreational docks in the City of Sebastian and only one commercial dock, and asked so who has the better half of that. Mr. Hill said he appreciated the City's hard work, was not concerned with parking, this is a business and they need a place to park, said a guy saying things tonight about this being welfare and they should be ashamed is a travesty and disgusting. He said the fishermen will pay to use this site, and they have worked with the City to maintain the history of fishing in this area and of the State and he is proud of what has taken place, and looks forward to the museum, the snack bar and people visiting. Mr. Wright said he too is pleased with where we are, hearing from Tim and Bob and brought up to speed, and this will result in a benefit to the City and the fisherman, that they can always call Chris McCarthy to schedule an event and that should not hold up or require us to modify the lease. He said it was difficult to get here and we have made a 6 12 of 68 Regular City Council Meeting April 10, 2013 Page Seven huge amount of progress in a lot shorter amount of time than other communities have done. He thanked City of Sebastian staff for their work to put this together. Mayor McPartlan agreed with comments made and encouraged Council members to attend FLS meetings. Ms. Coy echoed Mr. Hill's comments and said she was really offended to think that someone says we are giving a handout to anyone, that what we are doing is reserving dock space for commercial fishermen and we made a commitment to preserve our history, said she was proud to be associated with the non -profit and proud we have fishermen who want to maintain that history and she wished them success. Mr. Adams said this is not a 20 year lease but a 10 year lease with a 10 year option if they meet our requirements, agreed with others that this is to preserve our heritage, was glad to see FLS representatives here tonight and thanked staff for their hard work. Roll call 5: Ayes: Hill, McPartlan, Wright, Adams, Coy Nays: None Passed: 5-0 11. PUBLIC INPUT Damien Gilliam, spoke on the Working Waterfront lease, and the Mayor and members of Council called for a point of order since this item had already been addressed tonight. Mr. Gilliams continued and members again called a point of order. Mayor McPartlan asked Mr. Gilliams to have a seat. 12. NEW BUSINESS 13.060 G. Consider Release of Interest on Liens and Disposition of Fine -718 Wentworth 97-98 Street (Code Enforcement Transmittal, Property Owner Email Request) The City Attorney presented the request on behalf of Code Enforcement, said he worked with them on the statement before Council, the request was for the interest to be rescinded, and staff had no particular objection. Joyce and Joe Cuce, family of the property owner, briefly addressed Council stating the property owner was not doing well financially and it would be a big help to rescind at least the interest on the unpaid fine. The City Attorney said under Florida law only Council can deal with this, and in response to Mayor McPartlan noted the interest is typically 18% and calculated monthly. Mr. Wright, in response to Ms. Coy, said a short sale buyer can be required to pay an existing fine, but don't have to. He said he doesn't see that the City has lost anything by removing the interest, the City will be better off if this property is sold. He is familiar with the finance company handling the short sale and they are very difficult to work with. Ms. Coy suggested we keep $200 of the interest for the City for staff time spent on the issue and Mayor McPartlan agreed. Mr. Hill said the lien penalty amount covers City 7 13 of 68 Regular City Council Meeting April 10, 2013 Page Eight time spent, if they had paid the lien five years ago there would be no interest, and said he would gladly give the interest back. Mr. Wright said he had no problem giving up the interest, and said, for anyone out there if it facilitates a short sale, "come see us ", noting the interest is put in to try to force people to pay quickly. In response to Ms. Coy, the City Attorney said it was possible to make the approval contingent upon a sale, but is not practical. Mr. Wright said it would put a roadblock in. Ms. Coy noted the only request we had was an email. Mayor McPartlan said he was okay with keeping $200 of the interest for the 11 incurred violations. Mr. Adams said he was torn with being compassionate but not wanting to set precedent. Mr. Hill said this is not the first time we have done this. Ms. Coy remarked they had realtors before them in the past. Chief Morris said staff was contacted by a local realtor on this matter. MOTION by Ms. Coy and SECOND by Mayor McPartlan to approve the removal of the interest with exclusion of $200. Damien Gilliams said Council has set precedence on this and should not hammer them for $600 and it would be different if they had an attorney. Roll call: Ayes: McPartlan, Coy Nays: Wright, Adams, Hill Failed: 23 MOTION by Mr. Hill and SECOND by Mr. Wright to waive the entire amount of the $624.75. Roll Call: Ayes: Wright, Adams, Hill Nays: McPartlan, Coy Passed: 3-2 13.006 A. Resolution No. R-1 3-06 - Green Energy Works Program (City Manager 59-64 Transmittal, R-13-06) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, EXPRESSING THE CITY'S SUPPORT AND INTENTION TO CREATE WITHIN THE CITY, THE "FLORIDA GREEN ENERGY WORKS PROGRAM" A VOLUNTARY PROGRAM PROVIDING INTERESTED PROPERTY OWNERS WITH THE OPPORTUNITY TO FINANCE ENERGY EFFICIENCY IMPROVEMENTS ON THEIR PROPERTY BY REPAYMENT THROUGH NON -AD VALOREM ASSESSMENTS ON THEIR PROPERTY TAX BILL; AUTHORIZING THE MAYOR OF SEBASTIAN TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE FLORIDA GREEN FINANCE AUTHORITY FOR ADMINISTRATION OF THE FLORIDA GREEN ENERGY WORKS PROGRAM IN THE CITY OF SEBASTIAN; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. The City Attorney read Resolution No. R-1 3-06 by title. The City Manager said this will allow City property owners to participate in the PACE program and recommended approval. MOTION by Mr. Wright and SECOND by Mr. Adams to approve Resolution No. R-1 3-06. Mr. Wright said there is an agent housed in the Chamber of Commerce to assist property owners, they have already done four residential projects, and the same individuals will be available to assist businesses. He invited people to call the Chamber. He said there will be opportunities for contractors to get green energy certification for installations as well. Roll call: Adams, Hill, McPartlan, Wright, Coy Nays: None Passed: 5-0 8 14 of 68 Regular City Council Meeting April 10, 2013 Page Nine 13.051 B. Resolution No. R-13-07 - Indian River Lagoon Coalition (City Manager 65-70 Transmittal, R-13-07, Call to Action, Current Coalition Member List) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RECOGNIZING THE NEED FOR ACTION TO ADDRESS THE HEALTH OF THE INDIAN RIVER LAGOON ECOSYSTEM; SUPPORTING THE ACTIVITIES OF THE INDIAN RIVER LAGOON COALITION; PLEDGING THE COOPERATION OF THE CITY OF SEBASTIAN IN EFFORTS TO FIND SOLUTIONS TO RESTORING THE HEALTH OF THE INDIAN RIVER LAGOON; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-1 3-07. MOTION by Mr. Adams and SECOND by Ms. Coy to approve Resolution R-1 3-07. Damien Gilliams said it was about time and thanked Commissioner Zorc. Roll call: Ayes: Coy, Hill, McPartlan, Wright, Adams Nays: None Passed: 5 -0. 13.056 C. Stormwater Stewardship Report (City Manager Transmittal) 71 The City Manager said Vice Mayor Wright had asked for periodic reports on City efforts to improve stormwater and the City Manager reiterated the City projects listed in his transmittal that had contributed to stormwater quality throughout the last several years (see transmittal attached) In response to Ms. Coy, the City Manager said he did not include the quarter round since this was a conveyance issue and not environmental or retention. Mr. Wright thanked the CM for preparing the report, noting there will be a lot more discussion of the Indian River Lagoon quality and he wanted us to have factual basis in our discussions. He encouraged the regional committees to continue their discussions on the lagoon. Mr. Adams said Treasure Coast Council of Local Governments takes this issue very seriously and all are interested. Mr. Hill said the City has been committed to this for years and it is great to be used as model for other communities. 13.057 D. Tulip Drive Project - Authorize DEP 319 Grant Application (City Manager 72-74 Transmittal, Cost Estimates, Aerial) The City Manager described the proposed Tulip Street improvement project, to create additional 50 -00 spaces of parking for BSSC complex, improvement to Tulip Street and a stormwater retention pond, at a cost of approximately $351 K including engineering fees. He requested authority to move forward with grant application to FDEP which is due by the end of the month. He said if we receive the grant it will be available by beginning of our next fiscal year, but will tie Council's hands to other funds for the other half of the project cost. MOTION by Mr. Hill and SECOND by Mr. Wright to authorize the Tulip Drive Project grant application. Mr. Wright said he would love to see other projects as part of grant applications to maximize city funds to do a greater number of projects. Roll call: Ayes: Hill, McPartlan, Wright, Adams, Coy Nays: None Passed 5-0 9 15 of 68 Regular City Council Meeting April 10, 2013 Page Ten 13.058 E. Waive Procurement Procedures Pursuant to Section 2-10 (f) Code of Ordinances 75-85 and Approve Ditch /ROW Maintenance Agreement for Partial Year (City Manager Transmittal. Ditch /ROW Aareement) The City Manager reported he had to discontinue the existing ditch and swale contract and Conlon was the second ranked best firm during the bidding process. He requested a waiver under 2-10 (f) of Code due to potential for proprietary loss to use Conlon for ditch and swale maintenance at a cost of $90K to complete the year and then go back out to bid. MOTION by Mr. Wright and SECOND by Ms. Coy to approve. Roll call: Ayes: McPartlan, Wright, Adams, Coy, Hill Nays: None Passed 5-0 13.059 F. Approve Purchase of Caterpillar 313D Wheel Excavator from Florida Sheriffs 86-96 Association Specifications #21 Bid 12-10-0905 in the Amount of $202,173 from Ring Power CAT funded with DST Funds (PW Transmittal, Ring Power Price Quote, FL Sheriffs Association Contract) The City Manager explained the existing machinery broke down, it is best to purchase new for replacement, and by doing this now we can remove other equipment purchases going forward, and still have DST balance for other projects like computer system replacement. MOTION by Mr. Hill and SECOND by Mayor McPartlan to approve the purchase. Mr. Adams asked if we could use Conlon to do this and not need to buy the equipment. The City Manager explained the different types of equipment, that we would get 10-15 years life out of this equipment and need flexibility to tackle hot spots. Mr. Hill said we need this because our Armadillo is not working without it. The City Manager said it is multipurpose equipment used for moving boxes for road crossings, cutting back pepper trees, and ditch and swale is essentially a manpower clearing issue. Roll call: Ayes: Wright, Adams, Coy, Hill, McPartlan Nays: None Passed 5-0 13. CITY ATTORNEY MATTERS - None (excused 8:39 pm to 8:41 pm) 14. CITY MANAGER MATTERS The City Manager requested Council consensus on the former Barber Schumann intersection impasse to give the Indian River County Commission the okay to ask FDOT to reallocate the funds to the intersection of 66th and 510. There were no objections from Council. The City Manager reported that the Community Development Director is working on Airport East Drive and looking for property for the Main Street intersection redesign, specifically a property owned by Mrs. Sherman, and they had asked Ms. Coy to write a letter due to her relationship with Mrs. Sherman to consider a sale or trade. He said staff had identified an acre of designated park property on Celtic which they could consider for trade. He said no decisions will be made until it comes back to Council. 10 16 of 68 Regular City Council Meeting April 10, 2013 Page Eleven He briefly reported on the Englar Drive resurfacing project, with overlay scheduled for next week. Mr. Wright asked if we offered to buy the Sherman property, and the City Manager said yes but it was rejected. Mr. Wright asked if we could do an appraisal, and the City Manager said we offered $15,000 on the lot. Mr. Wright confirmed the City can build the intersection without the property and discussed eminent domain for economic development, though that would not be his preference. Ms. Coy said she had spoken to her at length, they have held the property for twenty years, it would be great to have it but we can do it without it. The other option is to offer them a land swap, come up and look at the deal, but all the details would come back before Council. 15. CITY CLERK MATTERS -None 16. CITY COUNCIL MATTERS A. Council Member Adams Mr. Adams suggested we have a message board on the City website to give young people an opportunity to tell Council what they would like to see for Sebastian. Ms. Coy asked who would be responding to these messages. Mayor McPartlan said if you visit the parks they don't hesitate to come and tell you what they want. Mr. Hill said a digital inbox is a great idea, and figure out how to make it happen rather than reasons not to have it. Mr. Wright said social media is use by many cities and counties and the issue of establishing policies and could ask the City Clerk's office to look into it. The City Clerk said her office had prepared a City social media policy and it is being reviewed by the City Attorney and suggested a policy be in place before we go forward. Mr. Adams said since we have terminated the Cavcorp parking property improvement and have remaining funds, can we move up our sidewalks to FY 14. The City Manager said sidewalks present difficult challenges, we can probably do that, staff can go back and review where sidewalks are needed and can be installed, and it is best looked at when we start CIP planning for FY 14. Mr. Adams asked who maintains CR 512 medians, and the City Manager responded we maintain the landscaped area and the County maintains the rest. Mr. Adams said the landscaped area looks good but not the rest. The City Manager said he would talk to the County. B. Council Member Coy Ms. Coy asked if there was anything in the Comcast franchise about them picking up equipment, citing a local senior citizen who chose to leave Comcast is being asked to pay $30 for them to pick up her equipment because she is ill and can't get out. The City Manager said he would check. C. Council Member Hill — None. 11 17 of 68 Regular City Council Meeting April 10, 2013 Page Twelve D. Mayor McPartlan Mayor McPartlan said he asked the Clerk to post information on Channel 25 urging awareness about leaving children in hot cars and around water, pools and retention ponds, and a Department of Children and Families, Partners for Promise about programs such as guardian ad litem, fosters, coaching families out of poverty and mentoring with families. E. Vice Mayor Wright Mr. Wright said he was pleased they had completed the contract with the fishermen and now it is time to move ahead with monitoring and building out those things we can, and we now have an opportunity to work with interested groups to put together the museum and education programs. He said the Chamber and Historical Society and even Tim Adams can work together. He said there may be grant money available, and our fish market tenant can now proceed with the seafood eatery to be available for the public and every property will be functional. He said if you look back five years to what we have now on the Riverfront is a huge improvement, and we will have something the businesses can all be proud of. He said we have a success story on Indian Drive. 17. Being no further business, Mayor McPartlan announced there will be a Board of Adjustment meeting on April 24`h followed by the Regular Council meeting at 6:30 pm and adjourned the Regular Meeting at 9:10 p.m. Approved at the April 24, 2013 Regular Council Meeting. By: Bob McPartlan, Mayor Attest: Sally A. Maio, MMC, City Clerk 12 18 of 68 C" or SER"TIAN HOME OF PEUCAK ISLAND City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject- FDEP Twin Piers Modified Agenda No 76 -/3,0 3 Submerged Lands Lease Department Origin- City Manager 9LAI\ April 16, 2013 Date Submitted. Approve,4,for Submittal by- For Agenda of- April 23, 2013 All XI City Manager City Attorney: � 4i. r. Exhibits: DEP Letter, Modified Lease Expenditure Required: Amount Budgeted: Appropriation Required: None SUMMARY STATEMENT FDEP submitted a submerged lands lease modification for the twin piers an March 20, 2013, to be approved and executed by the City and returned to FDEP for final execution within thirty days. The modification reduces the activities of the twin piers from the previous lease which provided for a 64 slip docking facility to a 26 slip docking facility and fishing pier to be used exclusively for fishing and other passive recreational activities only in conjunction with an upland public city park, without fueling activities, with sewage purnpout only if it meets FDEP or State Department of Health regulations and without live aboards. Because one of the lease pages needed amendment to correct the spelling of McPartlan, FDOT sent down a new page and is compliant with Council action on the submerged lands lease at the April 24"' meeting and our sending the document to them, beyond the original submittal deadline. There is no fee due on the lease since it was paid with the revision submittal by City staff in 2012. This newly modified lease will next expire on November 4, 2017. RECOMMENDED ACTION Staff recommends approval and execution of the lease for submittal to the Florida Department of Environmental Protection for final execution. rt q, FLOR March 20, 2013 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION MARJORY STONEMAN DOUGLAS BUILDING 3900 COMMONWEALTH BOULEVARD TALLAHASSEE„ FLORIDA 32399 -3000 City of Sebastian Attn: City Manager 1225 Main Street Sebastian, Florida 32958 RE: BOT # 311537314 Lessee: City of Sebastian To I Aom it may concern: RICK SCOTT GOVERNOR HERSCHEL T. VINYARD JR. SECRETARY Enclosed is a modified lease instrument, which requires acceptance by notarized signature of Bob McPartian as Mayor (two witnesses required). Pursuant to Chapter 695, Florida Statutes, the names of the person executing the instrument, the two witnesses, and the notary public must be legibly printed or typewritten directly below that person's signature. Please have the instrument executed and any additional information requested returned within 30 days after receipt of this letter. Upon receipt and acceptance, we will transmit the lease instrument for final departmental execution and a fully executed instrument will be returned to you at that time. Your cooperation and assistance are appreciated. If you have any questions regarding this matter, please feel free to contact me at the letterhead address above (Mail Station No. 125) or at (850) 245 -2720. Sincerely, M. Sue Jones Senior Program Analyst Bureau of Public Land .Administration Division of State Lands msiiST Enclosures: Lease By Ord 61 SV1:'14'. dep. stale fl. U,S 20 of 68 This Instrument Prepared By: M. Sue Jones Bureau of Public Land Administration 3900 Commonwealth Boulevard Mail Station No. 125 Tallahassee, Florida 31-399 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA SOVEREIGNTY SUBMERGED LANDS FEE WAIVED LEASE RENEWAL AND MODIFICATION TO INCREASE SQUARE FOOTAGE AND REFLECT CURRENT STRUCTURES BOT FILE NO. 3 11537314 THIS LEASE is hereby issued by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, hereinafter referred to as the Lessor. WITNESSETK That for and in consideration ofthe faithful and timely performance of and compliance with all terms and conditions stated herein, the Lessor does hereby lease to City of Sebastian, Florida, hereinafter referred to as the Lessee, the sovereignty lands described as follows: A parcel of sovereignty submerged land in Section 06, Township 31 South, Range 39 East, in Indian River, Indian River County, containing 16,944 square feet, more or less, as is more particularly described and shown on Attachment A, dated December 6, 2012. . TO HAVE THE USE OF the hereinabove described premises from January 15, 2013, the effective date of this modified lease renewal, through November 4, 2017, the expiration date of this modified lease renewal. The terms and conditions on and for which this modified lease renewal is granted are as follows: 1. USE OF PROPERTY: The Lessee is hereby authorized to operate a 26 -slip docking facility be used exclusively for mooring, of recreational vessels and a fishing pier to be used exclusively for fishing and other passive recreational activities only in conjunction with an upland public city ark. without fueling facilities, with a sewage pumpout facility, if it meets the regulatory requirements of the State of Florida Department of Environmental Protection or State of Florida Department of Health, whichever agency has jurisdiction, and without liveaboards as defined in paragraph 25 as shown and conditioned in Attachment A. All of the foregoin- subject to the remaining conditions of this lease. 2. AGREEMENT TO EXTENT OF USE: This lease is given to the Lessee to use or occupy the leased premises only for those activities specified herein. The Lessee shall not (i) change or add to the approved use of the leased premises as defined herein (e.g., from commercial to multi- family residential, from temporary mooring to rental of %vet slips, from rental of wet slips to contractual agreement with third party for docking of cruise ships, from rental of recreational pleasure craft to rental or temporary mooring of charter/tour boats, from loading/offloading commercial to rental of %vet slips, etc.), (6) change activities in any manner that may have an environmental impact that was not considered in the original authorization or regulatory permit; or (iii) change the type of use of the riparian uplands or as permitted by the Lessee's interest in the riparian upland property that is more particularly described in Attachment B without first obtaining a regulatory permit /modified permit, if applicable, the Lessor's written authorization in the form of a modified lease, the payment of additional fees, if applicable, and, if applicable, the removal of any structures which may no longer qualify for authorization under the modified lease. If at any time during the least term this lease no longer satisfies the requirements of subparagraph 18 -21.01 1(1)(b)7., Florida Administrative Code, for a fee waived lease, the Lessee shall be required to pay an annual lease fee in accordance with Rule 18 -21.01 1, Florida Administrative Code, and ii`applicable, remove any structures which may no longer qualify For authorization under this lease. (0'2129] 21 of 68 3. SUBMITTING ANNUAL CERTIFIED FINANCIAL RECORDS: Within 30 days after each anniversary of the effective date of this lease, the Lessee shall submit annual certified financial records of income and expenses to the State of Florida i]epartment of Environmental Protection, Division of State Lands, Bureau of Public Land Administration, 3900 Commonwealth Blvd, MS 130, Tallahassee. FL 32399. "Income" is defined in subsection 18- 21.003(31), Florida Administrative Code. The submitted financial records shall be certified by a certified public accountant. 4. EXAMINATION OF LESSEE'S RECORDS: The Lessor is hereby specifically authorized and empowered to examine, for the term of this lease including any renewals, plus three (3) additional years, at all reasonable hours, the books, records, contracts, and other documents confirming and pertaining to the computation of annual lease payments as specified in paragraph two (2) above, 5. MAINTENANCE OF LESSEE'S RECORDS; The Lessee shall maintain separate accounting records for: (i) gross revenue derived directly from the use of the leased premises, (ii) the gross revenue derived indirectly from the use of the leased premises, and (iii) all other gross revenue derived from the Lessee's operations on the riparian upland property. The Lessee shall secure, maintain and keep all records for the term of this lease and any renewals plus three (3) additional years, Phis period shall be extended fur an additional two (2) years upon request for examination of all records and accounts for lease verification purposes by the Lessor. 6, PROPERTY RIGHTS: The Lessee shall make no claim of title or interest to said lands hereinbefore described by reason of the occupancy or use thereof, and ail title and interest to said land hereinbefore described is vested in the Lessor, The Lessee is prohibited from including, or making any claim that purports to include, said lands described or the Lessee's leasehold interest in said lands into any form of private ownership, including but not limited to any form of condominium or cooperative ownership. The Lessee is further prohibited from making any claim, including any advertisement, that said land, or the use thereof, may be purchased, sold, or re -sold. 7. INTEREST IN RIPARIAN UPLAND PROPERTY: During the term of this lease, the Lessee shall maintain satisfactory, evidence of'sufficient upland interest as required by paragraph 18- 21,004(3)(b), Florida Administrative Code, in the riparian upland property that is more particularly described in Attachment B and by reference made a part hereof together with the riparian riyghts appurtenant thereto. If such interest is terminated or the Lessor determines that such interest did not exist on the effective date of this lease, this lease may be terminated at the option of the Lessor. If the Lessor terminates this lease, the Lessee a }roes not to assert a claim or defense against the Lessor arising out of this lease. Prior to sale and/or termination of the Lessee's interest in the riparian upland property, the Lessee shall inform any potential buyer or transferee of the Lessee's interest in the riparian upland property and the existence of this lease and all its terms and conditions and shall complete and execute anv documents required by the Lessor to effect an assignment of this lease, if consented to by the Lessor. Failure to do so will not relieve the Lessee from responsibility for full compliance with the terms and conditions of this lease which include, but are not limited to, payment of all fees and /or penalty assessments incurred prior to such act. 8. ASSIGNMENT OF LEASE: This lease shall not be assigned or otherwise transferred without prior written consent of the Lessor or its duly authorized agent. Such assignment or other transfer shall be subject to the terms, conditions and provisions of management standards and applicable laws, rules and regulations in effect at that time. Any assignment or other transfer without prior written consent of the Lessor shall be null and void and without legal effect. 9. iNDEMNI FICA TIQN /INVESTIGATION OF ALL CLAIMS: The Lessee shall investigate all claims of every nature at its expense. Each party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party and the officers, employees and agents thereof. Nothing herein shall be construed as an indemnity or a waiver of sovereign immunity enjoyed by any party hereto. as provided in Section 768.28, Florida Statutes, as amended from time to time, or any other law providing limitations on claims. Page 2 of I Pages Sovereignty submerged Lands Lease No. 31 1537311 22 of 68 1 U. NOTICES/COMPLIANCE/TERMINATION, The Lessee binds itself, its successors and assigns, to abide by the provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants ofthe Lessee, its successors and assigns. In the event the Lessee fails or refuses to comply with the provisions and conditions herein set forth, or in the event the Lessee violates any of the provisions and conditions herein set forth, and the Lessee fails or refuses to comply with any of said provisions or conditions within twenty (20) days of receipt of the Lessor's notice to correct, this lease may be terminated by the Lessor upon thirty (30) days written notice to the Lessee. If canceled, all of the above - described parcel of land shall revert to the lessor. All notices required to be given to the Lessee by this lease or applicable law or administrative rules shall be sufficient if sent by U.S. Mail to the following address: City of Sebastian 1225 Main Street Sebastian„ Florida 32958 The Lessee shall notify the Lessor by certified mail of any change to this address at least ten (10) days before the change is effective. 11, TAXES AND ASSESSMENTS: The Lessee shall assume all responsibility for liabilities that accrue to the subject property or to the improvements thereon, including any and all drainage Or special assessments or taxes of every kind and description which are now or may be hereafter lawfully assessed and levied against the subject property during_ the effective period of this lease. 12. NUISANCES OR ILLEGAL OPERATIONS: The Lessee shall not permit the ]eased premises or any part thereof to be used Or occupied for any purpose or business other than herein specified unless such proposed use and occupancy are consented to by the Lessor and the lease is modified accordingly, nor shall Lessee knowingly permit or suffer any nuisances or illegal operations of any kind on the leased premises. 13. MAINTENANCF OF FACILITY /RIGHT TO INSPECT: The Lessee shall maintain the leased premises in good condition, keeping the structures and equipment located thereon in a good state of repair in the interests of public health, safety and welfare. No dock or pier shall be constructed in any manner that would cause harm to wildlife. The leased premises shall be subject to inspection by the Lessor or its designated agent at any reasonable time. 14. NON - DISCRIMINATION: 'fhe Lessee shall not discriminate against any individual because of that individual's race, color, religion, sex, national origin, age, handicap, or marital status with respect to any activity occurring within the area subject to this lease or upon lands adjacent to and used as an adjunct ofthe leased area. During the lease term, the Lessee shall post and maintain the placard furnished to the Lessee by the Lessor in a prominent and visible location on the leased premises or adjacent business office of the Lessee. It shall be the responsibility of the Lessee to post the placard in a manner which will provide protection from the elements, and, in the event that said placard becomes illegible at any time during the term of this lease (including any extensions thereof], to notify the I.essor in writing, so that a replacement may be provided, 15. ENFORCEMENT OF PROVISIONS. No failure, or successive failures, on the part of the Lessor to enforce any provision, nor any waiver or successive waivers on its part of any provision herein, shall operate as a discharge thereof or render the same inoperative or impair the right of the Lessor to enforce the same upon any renewal thereof or in the event of subsequent breach or breaches. 16. PERMISSION GRANTER: Upon expiration or cancellation of this lease all permission granted hereunder shall cease and terminate, J T RENEWAL PROVISIONS; Renewal of this lease shall beat the sole option of the Lessor. Such renewal shall be subject to the terms, conditions and provisions of management standards and applicable laws, rules and regulations in effect at that time, in the event that the Lessee is in hill compliance with the terms of this lease, the Lessor will begin the renewal process. The term of any renewal granted by the Lessor shall commence on the last day ofthe previous lease term. In the event the Lessor does not grant a renewal, the Lessee shall vacate the leased premises and remove all structures and equipment occupying and erected thereon at its expense. The obligation to remove all structures authorized herein upon termination of this lease shall constitute an affirmative covenant upon the Lessee's interest in the riparian upland property more particularly described in Anachirient B , which shall run with the title to the Lessee's interest in said riparian upland property and shall be binding upon the Lessee and the Lessee's successors in title or successors in interest. Page 3 of II Pages Sovereignty Submerged Lands Lease No. 3 115373 14 23 of 68 18. REMOVAL OF STRUCTURES /ADMINISTRATIVE FINES: Ifthe Lessee does not remove said structures and equipment occupying and erected upon the leased premises after expiration or cancellation of this lease, such structures and equipment will be deemed forfeited to the Lessor, and the Lessor may authorize removal and may sell such forfeited structures and equipment after ten f 10) days written notice by certified mail addressed to the lessee at the address specified in Paragraph 14 or at such address on record as provided to the Lessor by the Lessee. However, such remedy shall be in addition to all other remedies available to the Lessor under applicable laws, rules and regulations including the right to compel removal ofall structures and the right to impose administrative Fines. 19. REMOVAL COSTS /LIEN ON RIPARIAN UPLAND PROPERTY: Subject to the noticing provisions of Paragraph 18 of this lease, any costs incurred by the Lessor in removal of any structures and equipment constructed or maintained on state lands shall be paid by Lessee and any unpaid costs and expenses shall constitute a lien upon the Lessee's interest in the riparian upland properly that is more particularly described in Attachment I3 . '1 "his lien on the Lessee's interest in the riparian upland property shall be enforceable in summary proceedings as provided by law. 20. RIPARIAN RIGHTS /FINAL ADJUDICATION: In the event that any part cif any structure authorized hereunder is determined by a final adjudication issued by a court of competent jurisdiction to encroach on or interfere with adjacent riparian rights, Lessee agrees to either obtain written consent for the offending structure from the affected riparian owner or to remove the interference or encroachment within 60 days from the date of the adjudication. Failure to comply with this paragraph shall constitute a material breach of this lease agreement and shall be grounds for immediate termination of this lease agreement at the option of the Lessor. 21. AMENDMENTS /MODIFICATIONS: This lease is the entire and only agreement between the parties. Its provisions are not severable. Any amendment or modification to this lease must be in writing, must be accepted, acknowledged and executed by the Lessee and Lessor, and must comply with the rules and statutes in existence at the time of the execution of the modification or amendment. Notwithstanding the provisions of this paragraph, if mooting is authorized by this lease, the Lessee may install boatlitts within the leased premises without formal modification of the lease provided that {a) the Lessee obtains any state or local regulatory permit that may be required; and (b) the location or size of the lift does not increase the mooring capacity of the facility. 22. ADVERTISEMENT /SIGNS /NON -WATER DEPENDENT ACTIVITIES /ADDITIONAL ACTIVITIES /MINOR STRUCTURAL REPAIRS: No permanent or temporary signs directed to the boating public advertising the sale of alcoholic beverages shall be erected or placed vt ithin the leased premises. No restaurant or dining activities are to occur within the leased premises. The Lessee shall ensure that no permanent, temporary or floating structures, fences, docks, pilings or any structures whose use is not water- dependent shall be erected or conducted over sovereignty submerged lands without prior written consent from the Lessor. No additional structures and/or activities including dredging, relocation/realignment or major repairs or renovations to authorized structures. shall be erected or conducted on or over sovereignty, submerged lands without prior written consent from the Lessor. Unless specifically authorized in writing by the Lessor, such activities or structures shall be considered unauthorized and a violation of Chapter 253, Florida Statutes, and shall subject the Lessee to administrative fines under Chapter 18 -14, Florida Administrative Code, This condition does not apply to minor structural repairs requited to maintain the authorized structures in a good state of repair in the interests ofpublic health, safety or welfare; provided, however, that such activities shall not exceed the activities authorized by this agreement. 21 USACE AUTHORIZATION: Prior to commencement of construction and/or activities authorized herein, the Lessee shall obtain the U.S. Army Corps of Engineers (USACE) permit if it is required by the USACE, Any modifications to the construction and,'or activities authorized herein that may be required by the USACE shall require consideration by and the prior written approval of the Lessor prior to the commencement of construction and /or any activities on sovereign, submerged lands. 24. COMPLIANCE WITH:. FLORIDA LAWS. On or in conjunction w=ith the use of the leased premises, the Lessee shall at all times comply with all Florida Statutes and all administrative rules promulgated thereunder. Any unlawful activity which occurs on the leased premises or in conjunction with the use of the leased premises shall be grounds for the termination of this lease by the Lessor. Page 4 of II Pages Sovereignty Submerged Lands Lease No. 3 1 15373 14 24 of 68 25. LIVEABOARDS: The terns "liiveaboard" is defined as a vessel docked at the facility and inhabited by a person or persons for any five (5 ) consecutive days or a total often (10) days within a thirty (30) day period. If liveaboards are authorized by paragraph one (1) of this lease, in no event shall such "liveaboard" status exceed six (6) months within any twelve (12) month period, nor shall any such vessel constitute a legal or primary residence. 26. GAMBLING VESSELS! During the term ofthis lease and any renewals, extensions, modifications or assignments thereof, Lessee shall prohibit the operation of or entry onto the leased premises of ;ambling cruise ships, or vessels that are used principally for the purpose of gambling, when these vessels are engaged in "cruises to nowhere," where the ships leave and return to the state of Florida without an intervening stop within another state or foreign country or waters within the jurisdiction of another state or foreign country, and any watercraft used to carry passengers to and from such gambling cruise ships. 27. SPECIAL. LEASE CDNDTIONS A. During the ternn of this lease and all subsequent renewal terms, the Lessee shall maintain the manatee informational display and manatee awareness signs as required by the State of Florida Department of Environmental Protection Environmental resource Modified Permit No. 31- 125335 -009, dated March 9. 2004. B. The Lessee shall prohibit mooring, on either a temporary or permanent basis, to the main access docks. To ensure compliance, the Lessee shall place and maintain: (1) a 3 -foot high railing along the structures; and (2) signs advising banters that inoarin,g at the above described locations, on either a temporary or permanent basis, is prohibited. C. Waterborne vessels moored at the docking, facility shall be limited to vessels with a minimum six (6)-inch ., I.�.. _.A_w�. L..._...._, .L , .i..,. la .. C.L� ..___.." ._�. ..I .!- ......L...............] T.... d.. Page 5 of 11 Pages Sovereignty Submerged Lands Lease No. 311537314 25 of 68 T 30 S U t * 31 S m! AA s p 4 1 i a G y^ w a r1 IL w N N uE o 2 y A u ■ a L 49 « c ° o 1 �* eb stian u 3 4= N O y�\ t d N C L.' u -t7 4 8F N CN , d m c� . e N a C Ga o o a o e � C ` ✓F i . L N a c� o � � ey _SEBA TIAN QUA. 1009 tN �� Q �u t C v {� ' (faclll7 vol ,i Page 7 t,l` SS1,1, O. 311537,: 14 `y4 Y. 04 1`- scA� S I -! tik T7� . i R�lpryJ,l ,#. C i + R m Piling', i • S4 QUADRANGLE MAP A PORTION OF GOVERNMENT LDT 7, SECTION 8. TOWNSHP 31 SOUTH, RANGE 34 EAST, 940M RIVER COUNTY. FLORIDA LYM SXnY MITT'HIN THE INDIAN RIVER AND BEING MORE PAitiI A-ARLY DESCRIBED AS FOLLOWS: FROM T-E SCx7MWEST OORNER OF THE SOUTHEkST 1/4 OF SECTION B, TIOWtWIP 31 SOUM. RANGE 34 EAST RUN S89'4a, 58�E ALONG THE SOUTH 'LINE OF SAID SECTION d 40 THE SOUTH LINE OF EDGEWATER PARK 51L113( MSION AS RECORDED IN PLAT BOOK 1, PARE 23 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY. FLORIDA FOR A DISTANCE OF 214328 FEET TO A POINT, THENCE NC1 I1'04"1 A DISTANCE OF 500.24 FEET' TO THE APPROXIIAATE MEAN HIGH WATER LINE OF THE IND" RNER AS LOCATED ON OCTOUER 25, 2012 AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE N18'18'33V ALONG SAID AP'PI2ti]MATE MEAN HIGH WATER LINE A DISTANCE OF 44.74 FEET; THENCE N71V27'22'E A DISTANCE OF 441.24 FEET; THENCE S14'32'38`E A DISTANCE OF 47.72 f`EET; TH04CE S71Y27'22'W A DISTANCE OF 489.71 FEET TO THE POINT OF BEGI(`NNING. CONTAINS 24,M5 SEII.IARE FEET OR 0,58 A M MORE OR LESS. A PORTION OF GOVERNMENT LOT 7, SECTION 6, TOMIN5HIP 31 SOUTH, RANGE 30 EAST. INDIAN RIVER COUN'TY, FLORIDA LY*40 SOLELY WITHIN THE INDIAN RHEA AND BEING MORE PAKMAARLY DESCFdBM AS FOLLOWS: FROM THE SG3iMAVEgT CORNER OF THE SOUTHEAST 1/4 OF SECTION S. TOWNSHIP 31 MJTH. RANGE 39 EAST RUN S89"48'm"E ALCM THE SOUTH LINE OF SAID SECTION 6 AND THE SOUTH LINE CIF EDGEWATER PARK SLMMSION AS RECORDED W PLAT BOOK 1, PAGE 23 OF THE PUBLIC RECD OF INDIAN MVEA COUNTY, FLORIDA FOR A DISTANCE OF 2181.!38 FEET TO A POINT, THENCE NW11'04`E A DISTANCE OF 370.88 FEET TO THE APPROXWTE MEAN H1{IN WATER LINE OF THE INDIAN RR" AS LOCATED ON OCTOBER 25, 2012 AND THE PANT OF BEGINNING OF THE HEREIN DESMBED PARCEL; THENCE N18'18133'W ALONG SAID APPROIQWAATE MEZAN HIGH WATER LINE A DISTANCE OF 30.08 FEET; THENCE N7514'55`E A DISTANCE OF 451.48 FEET; THENCE S14'45'050E A DISTANCE OF 50.04 FEET; THENCE 57514'55'W A DISTANCE OF 450.12 FEET" TO THE POINT OF BEGINNING- CONTAINS 22.559 SQLLARE FEET OR 0.52 ACRES MORE OR LESS. ltachilivill :1 1' :i�!c N of 111'a:,�s5 SS1,1, NO. 311 7314 27 of 68 is i� FT1 AWOM _ —i Nouas 6�Ti i b an iu p g` k, 1 `1 ,1 �1 Attachment A Page 9 !11' 11 11;wes SSL1, NO. 311537314 It �g �1ALa W F, 04 ID N 6 0 141, N 5� tl� fill flaft 0 wz 0z �.y A, i yF R g� V6 h G N. WWd o W Nd a N 7 C7 ,� wz 0z ffiK a P,, mill Pam ' s R �a a r n0 6 U •1 t� �" of r A i W• N o a n � dd rd NEW III 01016 p !g mks C SS �a da, €gda a T a <m d=HP ke h ITEMS th 13 IIIXN� Jul I H1 W 411 MQJ OF ow mill H" w m !68 rE 9 is \ o: \ � ¢� bb Z V� W �G v w � rn ¢1 M J ^ � VzC� ¢lam F �w�oz �Cy Jroc qo 28 of 68 �5 Am r$ ¢ A► N Y �N N � CA N� ba u � 1 d ' 7jjy � tt N � j 1"t i 1 g � � t a `A N CA t flu z �z MR ° z o z jr Z 0 -d — w awHs J � A ,t lot , r Attachment A Paou 10 of* 11 Pages SSI,I, NO. 311537314 � � � 6,8, RUCORD At4b 01.tION To OARRM FFNKe.Ll. x:9 BEACNI.:::, i} 4Vo. VERO MUCH, FLORIDA 32963 DAR.RELL FENNELL, ESQ. 979 Beachland Blvd. Vero Beach, FL 32963 DOCUMENTARY SIAMPS DEED $ 111/, W GI'E ,JEFFREY K. PARTM, UERK WDIAN RIVER COUNTY Farrel ID Number: 06- 31- 39- 00020 -0110 -00001 /0 IN THE nFOORDS OF JEFFREY K. BARTON CLERK CIRCUIT COURT INDIAN RIVED Co., FLA. Warranty Deed _ This Indenture, Made tMs _?C `"day of 1() , 1.999 A.D_ Between GOOD GUYS, INC., a corporation existing under the laws of the 'State of Florida of the county of Indian River , state of Florida , grantor, :md CITY OF SEBASTIAN, a municipal corporation existing under the laws of the State of Florida whose address is: 1225 Main Street, Vero Beach, Florida 32958 of the County of Indian River D state of Florida , grantee. WitIle59etll that the GRANTOR, for and inconsideration of the sum of --- ------- ---- -- - - - - -- --TEN DOLLARS ($10) ----------------------- DOLLARS, and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said GRANTEE and GRANTEE'S heirs, successors and assigns forever, the following described land, situate, lying and being in the County of Indian River state of Florida to wit: Lots 11, 12, 13, 14 and 15, Block 9, and the North 1/2 of abandoned Jefferson Street hounded on the West by the Southerly projection of the West line of Lot 15, Block 11, and bounded on the South by the center line of the 80 foot abandoned right of way extended from its p intersection with the projection of the West line of Lot 15 to the % West right of way line to Old Dixie Highway. AND ALSO, Lots 1 through 5, Black 11, and the South 1%2 of an abandoned Harrison Street right of way extending Eastward from the East line of Old Dixie Highway to the edge of the Indian River. AND ALSO the North 1/2 of abandoned. Jefferson Street right of way ' extending from Old Dixie Highway eastward to the Indian River; All lying and being in EDGEWATER PARK SUBDIVISION, according to the plat thereof as recorded in Plat Book 1, Page 23, public records of �} Indian River County, Florida, Subject to easements of record and taxes after 1999. Subject to, and the Grantee assumes all responsibility -for and holds the Grantor harmless from, any assessments or assessment liens relating to the "Riverfront Water Project" of the City of Sebastian. �1 0 and the grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. In Witness Whereof, the grantor has hereunto set its hand and seal the day and year first above written, C.0 Sigel sealed and delivered in our presence: GOOD GUYS , e (Z) By: Pri d N Z�x CoKese' Peidpt p Witness xP -0. Address: 5025 F'aircraya U`ircle ` Vero Reach. F1, 32967 ;, ;; , CD Printed Name: I ►ii.trlrti�c ut f3 Witness SS1,1. N0. 31 15373 14 STATE OF Florida COUNTY OF Indian River The foregoing instrument was acknowledged before me this day of Luciano .Cortese, Vice President of Good Guys, Inc., a Florida ,':,; :'Y_' corporation " ... h is persoraally known to me. or use has produced his Florida driver' license as identificaiivn. F4. FAMELA PROFFITT Printed Name: � z MYCoMMIsst[�r� Cc 1591490 Notary Public y 4 ExpiRES:Janeaxy 13,2002 ,.�r_ _,,,^,,rA• ^.r rra= , ^- +•rV= "- r.' +caN.r3- MyCasnmissinnExpires: 30 of 68 Wer Gearmlcd by I7isplsy Sys4 ^_pns, Inc, J998 (941) 763-5555 Fos[a FI.Wp -1 WITNESSES: Original Signature M PrintfType Name of Witness Original Signature Print/Type Name of Witness STATE OF FLORIDA COUNTY OF LEON BOARD OF TRUSTEES OF THE INTERINAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA (SEAL) Jeffery M. Gentry, Operations and Management Consultant Manager, Bureau of Public Land Administration, Division of State Lands, State of Florida Department of Environmental Protection, as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida "LESSOR" The foregoing instrument was acknowledged before me this day of ?ate by Jeffe M. Gn er Bureau of Public Land Administration Division of State DEP He is personally known to me. 4. #p_- q flf ' Notary Public, State of Florida Printed, Typed or Stamped Name My Commission Expires: Commission/Serial No. WITNESSES. City of Sebastian. f lorida SEAL' _ BY: Original Signature Original Signature of Executing Authority Bob McPartlan TypedfPrinted Name of Witness Typed/Printed Name of Executing Authority M2yor Original Signature Title of Executing Authority Typed/Printed Name of Witness "LESSEE" STATE OF 1%ft COUNTY OF The foregoing instrument was acknowledged before me this day of ?U , by Bob McPartlan as Mayor, for and on behalf of City of Sebastian Florida. He is personally known to me or who has produced . as identification. My Commission Expires: Commission/Serial No. Page 6 of I Pages Sovereienty Submergcd Land Lease No. 311537314 Notary Signature Notary Public, State Printed, Typed or Stamped Name 31 of 68 Cr1Y EiF Agenda No. ~ ; 6 Z Recreational Products of Ft. Meyers, FL. to install playground at the Community Center Department Origin: fu - � Finance Director:. HOME OF PELKN4 4SLkND CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Award Bid to Playmore Agenda No. ~ ; 6 Z Recreational Products of Ft. Meyers, FL. to install playground at the Community Center Department Origin: fu - � Finance Director:. Approve r Submittal by: City Manager City Attorney: City Clerk - Date Submitted: April 16, 2013 A r d i ner For Agenda of: April 24, 2013 Exhibits: Bid Tabulation Sheet, Proposal Price Form and Drawings EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION $17,400.00 $25,000.00 REQUIRED: None SUMMARY Staf=f sent out Request for Proposals to install a new playground at the Community Center. The playground will be located off the northeast corner of the building. We received 7 Proposals. Playmore Recreational Products from Ft. Meyers. FL. submitted the low bid of $17,400.00. Playmore Recreational Products is a reputable Company that has installed playgrounds throughout the state. Playmore Recreational Products installed our Pirate Ship playground at the Barber St. Sports Complex. RECOMMENDED ACTION Move to award bid for installation of a new playground at the Community Center to the low bidder Playmore Recreational Products of Ft. Meyers, FL. for $17,400.00. 32 of 68 RFP 73-02 City of Sebastian BID TITLE: COMMUNITY CENTER PLAYGROUND EQUIPMENT Bid Opening Date: MONDAY, April I5, 2013 BID TABULATION SHEET Time: 2:00 pm 33 of 68 c � E •� Bidders Name ei � � � w �, r�,p C �_ ' � G ! w Bid Price Comments E3 o U U Ca` s 3 PROJECT INNOVATIONS, INC., TARPON SPRINGS.. 1 FL x h 19,75132 BLISS PRODUCTS & SERVICES, LITIIIA SPRINGS. X 23,487.04 GA x PLAYMORL RECREATIONAL PRODUCTS, FT- 3 M ERS, FLORIDA ?ti ?. 17-400-00 ADVANCF RECEATI€INAL CONCEPTS. 4 MELBOURNE, FL x x x 21,159 -00 DOMINICA RECREATIONAL. PRODUCTS. 5 LONGWOOD, I=LORIDA � X ' lJ 229.62 PLAY POWER LT FARMINGTON. INC., 5 FARMINGTON. MD x x x 23,253.50 7 TOP LINE RECREATION, INC., DELTONA, FLOW DA x 24,307.00 i4 II 12 13 14 15 33 of 68 P x3 -D2 COAUVIU1VTTY CENTER PALYGROUND PROPOSAL PRICE FORM The undersigned having become thoroughly familiar with all of the Bidding Documents incorporated herein, hereby proposes to perform everything required to be performed in strict confdmlity with the requirements of these documents, meeting or exceeding the specifications as set forth herein for the price(s) quoted below. The price(s) quoted is (are) inclusive of any Addenda which may be issued. By the signature below, the Vendor agrees that this Bid Proposal is made without any other understanding, agreement, or connection with any person, corporation, or firm submitting a bid for the same purpose and that the bid is in all respects fair and without collusion or fraud. If awarded any work under this bid proposal, the Vendor agrees to enter into said agreement within ten (14) consecutive calendar days notice by the City, and agrees to all the terms and conditions of all documents stated herein with the City of Sebastian for the below stipulated price which shall remain firm for sixty (60) days following bid opening date.. PLAYGROUND PRICE INSTALLATION CHARGES TOTAL PRICE S NOTE: VENDOR WARRANTS TOTAL DELIVERY, INSTALLATION AND COMPLETION TIME SHALL 140T EXCEED CONSECUTIVE CALENDAR DAYS, Authorized Signature Printed Name Firm, Name & Address Title Date Signed Phone Number 34 of 68 DRUG-FREE W( RETLA+CE FORM The undersigned Contractor, in accordance with Florida Statute 287.087 hereby certifies that /' : s does: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug free workplace, any available drug counseling, rehabilitation, employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in Paragraph 1. 4. In the statement specified in Paragraph 1, notify the employees that, as a condition of working on the commodities or contractual Services that the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to any violation of Chapter 1893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) clays after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abase assistance or rehabilitation progiarn if such is available in the employee's coma munity, by any employee who is so convicted. h. Make a good faith effort to continue to maintain a drug free workplace through implementation. of Paragraph 1 through 5. As the person authorized to sign, this statement, I certify with the above requirements. Bate: Signature that this fug complies fiiIly 35 of 68 PUBLIC ENTITY CR -EgES FORM Any person submitting a quote, bid, or proposal in response to this invitation or Agreement, must execute the enclosed form sworn statement under section 287.133(3)(a), FLORIDA STATUTES ON PUBLIC ENTITY CRIMES, including proper check(s), in the space(s) provided, and enclose it with his quote, bid, or proposal. If you are submitting a quote, bid or proposal on behalf of dealers or suppliers who will ship commodities and receive payment from the resulting Agreement, it is your responsibility to see that copy(ies) of the form are executed by them and are included with your quote, bid, or proposal. Corrections to the form will not be allowed after the quote, bid, or proposal opening time and date. Failure to complete this form in every detail and submit it with your quote, bid, or proposal may result in immediate disqualification of your bid or proposal. The 1989 Florida Legislature passed. Senate Bill 458 creating Sections 287.132 - 133, Florida. Statutes, effective July 1, 1989. Section 2$7,132(3)(4), Florida Statutes, requires the Florida Department of General Services to maintain and make available to other political entities a "convicted vendor" list consisting of persons and affiliates who are disqualified from public and purchasing process because they have been found guilty of a public entity crime. A public entity crime is described by Section 287.133, Florida Statutes, as a violation of any State or Federal law by a person with respect to and directly related to the transaction of business with any public entity in Florida or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or Agreement for goods or services to be provided to any public entity or with an agency or political subdivision and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. By law no public entity shall accept any bid from, award any Agreement to, or transact any business in excess of the threshold amount provided in Section 287.01.7, Florida Statutes, for category two (currently $10,000) with any person or affiliate on the convicted vendor list for a period of 36 months from the date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been reproved from the list pursuant to Section 287.133(3)(f), Florida Statutes, Therefore, effective October 1, 1990, prior to entering into an Agreement (formal Agreement or purchase order) in excess of the threshold amount of $10,000 to provide goods or services to THE CITY OF SEBASTIAN, a person shall file a sworn statement with the Contract(Agreernent officer or Purchasing Director, as applicable. The attached statement or affidavit will be the form to be utilized and must be properly signed in the presence of a notary public or other officer authorized to administer oaths and properly executed. TBE INCLUSION OF THE SWORN STATE ME, NT OR AFFIDAVIT SHALL BE SUBMITTED CONCURRENTLY WITH YOUR QUOTE OR BID DOCUMENTS. NON - INCLUSION OF THIS DOCUMENT MAY NECESSITATE REJECTION OF YOUR DOTE OR BID. 36 of 68 SWORN STATEMENT UNDER SECTION 287.133(3) (a), FLORIDA STATUTES ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER. OFFICER AUTHORIZED TO ADMINISTER OATHS. I. This sworn statement is submitted with Bid, Proposal or Agreement No, M r ] for THE CITY OF SEBASTIAN. 2. This sworn statement is submitted by (name of entity submitting sworn statement) whose business address is . , and (if applicable) its Federal Employer Identification (FEIN) is (If the entity has no FEIN, include the Social Security Numum ui uit 1i1uiV1UUai Diming this sworn statement: 1 3. My name is (please Print name of individual signing) and my relationship to the entity named above is 4. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or Agreement for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. S. I understand that "convicted" or "conviction" as defined. in Paragraph 287.133(1)(b), Florida Statutes means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a .jury verdict, nonjury trial, or entry of a plea of guilty or polo contendere. 6. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: (1) A }predecessor or successor of a person convicted of a public entity crime; or (2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The 37 of 68 ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A pet-son who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding Agreement and which bids or applies to bid on Agreements for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 8. Based on infortnation and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies) ,. Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND (Please indicate which additional statement applies.) There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. ( PIease attach a copy of the final order.) The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by or pending with the Department of General Services.) 38 of 68 �l (Signature) Date. STATE OF FLORIDA COUNTY OF L—C V-_ The Foregoing instrument w s acknowledged before me this r C1 day of 2013 by (` - ,, (title) on behalf of (nanie of partnership), a partnership. He /she is personally known to me or li s produced as identification and did () did not () take an oath. Name: .` �•�.! t+ t .t My Commission Expires: Commission Number. MELISSA VEGA * 4 Notary Public - State ©f Florlda * _ My Comm. Expires Aug S. 2015 F''E°; ,s,'P'• Commission # EE 85004 Bonded Through National rotary Assn, 39 of 68 PlAYMORE Recreationu: Products &Service 10271 Deer Run Farms Road, Suite 1 Fort Myers, FL 33966 (239) 791 -2400 (239) 791-2401 fax (888) 886 -3757 toll free www.playmoreonline.com Client: City of Sebastian 1225 Main Street Sebastian FL 32958 Contact:Chris McCarthy Phone: 772- 228 -7054 Fax: QUOTATION 04116113 Job Number, 7031 Revision: Jab: Sebastian CC Playground 1225 Main Street Sebastian FL 32958 Email: cmccarlhy@dtyofsebastian.org Sales Rep: Luke Russell Terms: Net 30 Playworld Freight 1 $1,250.00 Item Description Quantity Cost Subtotal $375.00 Freight Zeager Freight 1 $40.00 I Equipment Subtotal: Challenger Custom Play Structure. Design #Sebastian CC t $11,562.00 $11,562.00 ZZ:sX8904 Wheelchair Access Border Timber l $839.00 $839.00 ZZXX9430 4Ft ,Border Timbers W/Stake 23 $43.00 $989.00 Discount Courtesy Discount -1 $4,203.80 - $4,203.80 Zeager Geotextile Fabric, 1500 sfper roll 1 $148.80 $148.80 LTR Products 688 SF of Rubber Mulch 1 $2,500.00 $2,500.00 Subtotal: $11,835.40 2 Freight Freight Playworld Freight 1 $1,250.00 $1,250.00 Freight LTR Freight 1 '$375.00 $375.00 Freight Zeager Freight 1 $40.00 $40.00 Subtotal: $1,665.40 3 Installation 13SI Installation Installation of Playworld Equipment 1 $2,905.00 $2,905.00 Installation Installation of Rubber Mulch 1 $995.00 $995.00 Notes: Page I Subtotal: $3,900.40 Grand Totals; $17,400.00 40 of 68 ACORD CERTIFICATE OF LIABILITY IIV I.JRANCE DATEIMMIDOIYYYY) 0711312012 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Cardock &Associates Insurance, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR " -'-!ox 100788 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. .:Coral, FL 33990 INSURERS AFFORDING COVERAGE NAIL # INSURED PLAYMORE WEST INC DBA PLAYMORE RECREATIONAL PRODU INSURER A, AUTO OWNERS INSURANCE _ 18988 A +t 16271 DEER RUN FARMS ROAD STE 1 INSURER B: FORT PAYERS FL 33965 COVr- RAGFS THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SbOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRNSR DO a� POLICY NUMBER _ POLICYEFFECTIVE POLICY ExPIRATION LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR . - -- I EACH OCCURRENCE= S DAMAGE TO RENTEQ S MED EXP I'An one erssn $ PERSONAL & ADV INJURY S GENERAL AGGREGATE s GEN'L AGGREGATE POLICY LIMIT APPLIES PER: PRO- I LOC PRODUCTS - COMPIOPAGG S A AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 4687381400 0711512012 0711512013 COMBINED acci pn SINGLE LIMIT Ea ecceden!} $1,000,000 BODILY INJURY (Per person) $ X BODILY INJURY (Faraccidant) S X PROPERTY DAMAGE (Per accident) S GARAGE LIABILITY ANY AUTO AUTO ONLY - EAACCIDENT S OTHER THAN E_ A ACC AUTO ONLY: AGG 9 S EXCESSIUMBRELLA LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION 5 EACH OCCURRENCE S AGGREGATE 5 5 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERlEXECUTIVE OFFICERIMEMBEt EXCLUDED? If yes, describe undar SPECIAL PROVISIONS below 21585578 0711512012 0711512093 W STATU G - FR EL EACHACOIDENT S 1,000,1}00 E-L, DISEASE - EA EMPLOYEE S 1,000.000 EL DISEASE - POLICY LIMIT 1 $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES! EXCLUSIONS ADDED BY ENDORSEMENT! SPECIAL PROVISIONS CANCELLATION SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR AUTHORISED REPRESENTATIVE ACORD 25 (2001108) ACORD CORPORAYRON 1988 _ STATE OF FLOMDA '— REGULATION OF BUSINESS AND PROFESSIC '4 CONSTRUCTION INDUSTRY LICENSING BOARD 1940 NORTH NONROE STREET TALLAHASSEE FL 32399-07B3 ZUSSELL, RYAN JAMES FLA1MORE RECREATIONAL PRODUCTS y ND SERVICES 10271 DEER RUN FARMS kD -- STE I FORT N"YERS FL 33966 Congratufations! With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional regulation. Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. Every day we work to improve the way we do business in order to serve you better For information about our services, please tog onto www.myfloriclalicense.com There you can find more information about our divisions and the regulations that impact you, subscribe to department newsletters and learn more about the Department's initiatives. Cur mission at the Department is: License Efficiently, Regulate Fairly. We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, and congratulations on your new I!censel DETACH HERE (850) 487 -7395 s ay r= o� � oMIA 1�C E : 7 Q, �'- . D1�PA TMLi3T OF" PUSINESs ADD PESO "ESS O�T.TG REGUL CL ION. Cr3CJ-252224 - - -- 08/,1G/12 12€3042796 CERTIFIED BLTILD C614TRAC T OR RUSSELL,.:.. RYAN ;Td1i�YE5 P'LAYYIORE RECREAT10NAL:; PRODUCT S A'! IS CERTTF-TED un3er n— pEOViatoas P en.`4B9 rSa E DixatIOU date:,'.�4JCz 3 2d1 $ y7�I 4$4� 09 ..- .. .. 1dp "+` a a e b.�� wL3�L1_�nif,� r"iRl�ld�'Fi�ilrJ iQl .allt +q�[�ilc+'111i ±1_ =il4+rr §.t'a l xr2✓tiEll fSir."i — -- - - - - -- — - ` 62 %9 � � �a Li STATE OF FLORIDA D] �PAkRTMENT OF BUSINESS AND plYi�FESS�C}�7�L REGifLATID117 A GDNS'I'RUC2�[?N I�P7U TRY `L ICI`NS ! \TC' :BOARD $* r 1 �OB�bO1G09 LICENSE ND R" z DAT ns /n•1::7n s�: errand -7 s�� Ir.ar�7 a77� _ - �., ►.itc,.t lY1rZ L" 85 �7 ': .: '... .� ia: ;.:� � ,7 V V; -.: - - .... -.. RICK rCDT � KEN LAWS04 of 68 GQV01; N 0R SECRETARY r'.3r nn fns lltr-3r'rlOff1 MAY G 4) 2K 115£Hi . 0 @ %w4"X14'Rm SK S96WL m5'%2rs. SEBASTIAN COMMUNITY CENTER SEBASTIAN, FL Thygmund 5upeTyision Required ffdla1 rox I ' tasGan £C I RUMBLE 515'7 CHALLENGERS A;.L.E 3115" = 1'4' SEAT a45Y iw. SITE PLAN SLIDE TRANSFER STATION V4J5TEP ��' AFI WHE RE BEAT SMALL ANGLE CLIMBER r -5' PIVEWALL } ; lW -QN ER TELE=FE 36" RISE STEERING 'S'ADVENTILIFEE WHEEL 6 -7" TUBE RIBBC N CLIMBER Sr GLIDE SURE G 4) 2K 115£Hi . 0 @ %w4"X14'Rm SK S96WL m5'%2rs. SEBASTIAN COMMUNITY CENTER SEBASTIAN, FL Thygmund 5upeTyision Required ffdla1 rox mt.. rAW tasGan £C I 01- APR-13 515'7 CHALLENGERS A;.L.E 3115" = 1'4' a45Y iw. SITE PLAN STARR MUM Playmore Recreational Products 04271 deer Run Farms Rd Ste #1 Fort Myers, FL 93966 NR-W -3757 43 of 68 II $ 44 of 68 UTY Of ROME Cry PELICAN [SLMD CI'T'Y OF SEBASTIAN AGENDA TRANSMITTAL, Subject: Approval of Sebastian Diver Art Agenda No. -7fi — 13. b(a Y Club's Art Show Dates for 2013 — 2014 at Riverview Park. Department Origin: 4?,V—tA �-'- Finance Director: Ap rove for Submittal by: City Manager City Attorney: " City Clerk: Date Submitted: April 16, 2013 Al r inner For Agenda of: April 24, 2013 Exhibits: Letter from Art CIub EXPENDITURE REQUIRED: AMOUNT BUDGETED: NIA APPROPRIATION None REQUIRED: None SUMMARY The Sebastian River Art Club is seeking Council approval for its Art Show Schedule for 2013 — 2014 at Riverview Park. The Sebastian River Art Club has had shows at Riverview Park for many years and has worked well with the City. The Art Club donates to several activities in the community. In light of all the community activities the Club is involved with, staff is again recommending cutting all applicable fees by 50 %. This year's show dates are November 16, 2013, December 14.2013, January, 11, 2014, February 15 & 16, 2014, March 22, 2014 and April 12, 2014. Shows are from l OAM until 4PM at Riverview Park. Rain dates for this year's shows are the immediate Sunday after each show. RECOMMENDED ACTION Move to approve cutting all applicable fees by 50% for Sebastian River Art Club's Shows at Riverview Park from I OAM until 4PM on 11/16/13, 12114113, 01/11/14, 02115 & 16/145 03122/14 and 04112114. Move to approve rain dates for Sebastian River Art Club's Shows at Riverview Park on 11/17/13 12115113, 01112114, 3123114 and 04/13/14. 45 of 68 A) Sebasdau,RiverArt (Ciub Judy McNamara, President Lois 04"Oodruln, Secrehu. J igily Burg- arello, Vice Presider At:k? Eipw-ry, Treasi-#rei, Alice Russell, Publicity April 3, 2013 Mr. Chris McCaithy, Superintendent Sebastian City Public Works Department Parks and Recreation Division 11-25 Main SL Sebastian, F1 32958 Dear Chris: Please be advised that the Sebastian River dart Club wishes I-o apply tbr niontWy permits to hold the Clubs' art exhibit on the following possible dates: November 16 U i'3 December 14 l ;W iI January 11 ; 'U, VA February 15 + lb i.?-O I March ?,-L # jo I'j April 12, 2C) I. q All the dates are SatoTdays. The shows wil-I be held between I 0:00am and 4:00 pm with the rain date being oil Sunday. We will continue to use the west side of the park along the pathway and have no ob ections to another small group using the opposite end of the park. 46 of 68 We ask that you put our request on the consent agenda along with our request for the 50% reduction in the monthly fee in consideration for the Clubs' charitable and community contributions. Thank you for placing the request before the Council at a forthcoming meeting and for your help and cooperation over the past years. Sincerely, Lois Woodrum Secretary 47 of 68 CM of '., HOME OF PELICA114 ISUND CITY OF SEBASTLk,N AGENDA TRANSMITTAL Subject: Road Closures for Boy Scout Troop Agenda No. :7E-13.06,5 500 5K Run Department Origin: (L%t • � ' y App -oved for Submittal by: City Manager Finance Director: City Attorney: City Clerk: Date Submitted: April 16, 2013 A f d n er 4 For Agenda of: April 24, 2013 Exhibits: Park Use Permit Application EXPENDITURE REQUIRED: AMOUNT BUDGETED: NIA APPROPRIATION None REQUIRED: None SUMMARY Paul Giordano, Troop Leaner for Boy Scout Troop 500 is seeking Council approval for road closures needed for their first 5K Run fundraiser. The 5K Run will be on September 14, 2013 from 5:30 to 9:30AM. The run will start at the large pavilion in Riverview Park, head north on Indian River Drive to Jackson Street and back down to the Park. Indian Diver Drive from Harrison St. north to Jackson St. needs to be closed from 5:34 to 9 :30AM on Saturday, September 14. 20131. REC'GiVIMENDED ACTION Move to approve closing Indian River Drive from Harrison St, north to Jackson St. on September 14. 2013 trom 5 :30 to 9:30AM For Boy Scout Troop 500 5K Run fundraiser. MOWN CITY OF SEBASTIAN PARK USE PERMIT APPLICATION Crr.r Hohlk OF PELICAN ISLkND 1225 Main Street Sebastian, FL 32958 Parks Phone: (772) 228 -7054 cmcarthy@cityofsebastian.org Date: �I f� Please check anorODriate box: Pavilion Rental only $100 Security Deposit - $50 Rent plus 7% tax - $5150 Park Event (75 to 300 anticipated attendees) $100 Security Deposit - $100 rent plus 7% tax - $107 ,____Specia$ Event (301 or more anticipated attendees) City Council Approval $200 Security Deposit - $200 rent plus 7f tax - $214 p. . Name of Permf ittee (permits may only be issued to an adult 10 1 G de__ 4- d i""-1- G r %':•� S -f-, city 5 K "p C"( \- T I (Z, Facility (Park or Pavilion) q'(�q /:fir (3 State Zip C % PV'q i I t , (,A Once We Only: Security Pd: ❑ale InlUsis Permit Fee Pd: Date Initials City Manager Approval: Dale Inifiais Park Sups. Approval: Date Initials Couneal Approval; Date (if applicable) Police Hire Verificat ern: (Pf applicable) Initials Naine of Organization (if applicable) Mailing Address if Different j -, c �, S .'l7 1,�!'' rat Phone E -Mall ier of - To Rafndate (if applicable) Will there be any sale of goods? Yes No 9t (If yes, please describe type of goods on back) Will there be food or other vendors? Yes No X (If yes, please list name, address of each on back with description and schematic of structures (tents, etc.) to be erected or otherwise assembled on back. (May require Heafth Dept. or IRC Fire Dept, permit) the undersigned, acknowledge that I am the applicant or authorized agent of the above referenced organization, that I am aware of the provisions of the City of Sebastian Codes in respect to this application and use of City facilities for which I have applied for a permit for a Park Event or Special Event. I have been provided with the general rules prescribed by the City and agree to the terms thereof. Signature of Applicant 49 of 68 a ly Of HOME OF PELICAN ISLAND CITY CLERK'S OFFICE AGENDA TRANSMITTAL Subject- Fill One Expired, Regular Agenda No. 13. No( Member Position or the Planning and ./) Zoning Commission Department Origin--City Clerk 4: pro Id for Submittal by: City Manager City Attorney.- J .i / I - 1 ./ 1 For Agenda of. 4124113 Date Submitted- 4115113 AWi * Exhibits- applications, ad, board member list SUMMARY Mr. Roth's regular member position has expired or the Planning & Zoning Commission. He would like to serve another term. Applications have also been received from-. Louise Kautenburg (current alternate) John McManus Greg Paschall RECOMMENDED ACTION Interview unless waived, and submit nominations for the expired, regular member position to expire 511/2016. 50 of 68 Page 1 of 1 Jeanette Williams From: louisekl Quno.corn Sent: Tuesday, April 02, 2013 10:44 AM To: Jeanette Williams Subject: Re: Louise Kautenburg App I have reviewed it and there are no significant changes, so do please submit this. Thanks, LK Louise "K your Closing Coordinator Direct Line: 772-- 388-6275 ~ J Direct Fax: 1- 866 - 443 -9320 email: louisekl@aauno.com ---- - - - - -- Original Message ---- - - - - -- From: Jeanette Wiiliairns <jwilliams cilcityofsebastian.org> To: "'LouiseKl@juno.com "' <LouiseKl juno.com> Subject: Louise Kautenburg App Date: Tue, 2 Apr 2013 10 :20:02 -0400 Hi Ms. Kautenburg, Here is your current app. I can submit this one unless you want to change anything.. Jeanette 4/212013 51 of 68 amcf E8 HOME OF PELICAN ISLAND � 2 3 2e city of seb APPLICATION TO SERVE ON CITY BOARD/COMMITTEE Crty Clerk's Ofrice, (All City Board and Committee Members Must be Residents of the City of Sebastian] NAME: z, ),'4 e t e ) / d'C 6 HOME ADDRESS:1 awe PHONE: ��_ 71C E- MAIL:d BUSINESS: BUSINESS ADDRESS: BUSINESS PHONE:M4,_T75- BUSINESS FAX:- 03-1,E -MAIL: ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? HOW LONG? lW DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? �� DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? 4 <1 WHICH BOARDSICOMMITTEES? PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING 41: CHARTER REVIEW COMMITTEE (serves only 6 months every 5 years - meets next in 2011) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary - meets during summer) CONSTRUCTION BOARD (permanent board -meets once a month)* HANDICAPPED SELF - EVALUATION COMMITTEE (permanent board— meets quarterly) ::�PLANNING AND ZONING COMMISSION (permanent board — meets twice a month)* POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board -meets quarterly)" PARKS & 'RECREATION ADVISORY COMMITTEE (permanent board — meets once a month) NATURAL RESOURCES BOARD (permanent hoard -- meets once a month) OTHER TEMPORARY COMMITTEE (if applicable) (WRITE IN COMMITTEE NAME) Filing of financial disclosure is required following appointment APPLICABLE EDUCATION AND /OR EXPERIENCE. (a brief resume is required) C;270r' _7e; fcI6di "yAl 4/7vr,� -.4 ,QQ,,rT c rca,'tk C -T�-- HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD PL Y j/ lil OU`RE APPLYING FOR? �� R A 1 Ve t� .+ ', A 11` 1''i;Sr e1 f �1iil 0 rr1 ! ;, JJN'3e;NCC�JS ] h evowl 10tad4,G'a � r � ., 6Mf`zt3 7i 4yw T,$ IST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE.- MI -ifEE: 4,W1 ol r I'7 �e' / "t Tz� )re q_4; ,v jllel `�+r. "�S'e 1+/� "i1r lr�t+rc' �eS► 14 A�'4rE? 72' � V- YS . h, rl s415 -` 0..cJ i �7l _ - .r..rV. T-A e /10 HAVE YOU ER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? K) WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? . ,4/2� I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification. I have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2 -166 through 2 -173 (attached), Information relative to a speck board or commi ee is avaiiablelf-r9guested. Applicant Signatu Subscribed and swo to before me this r' fr day of '` /— by who is Jersillonally known,- tp me,,.--� r has p roduced as identification. 1?riS Public, Please return to Office of the City Cleric, 1225 Main Street, Sebastian, FL 32958 - (772) 589 -5330 1wp -fo rmla p pi i ca t -wp d rev. 7!2007 0 �Pj° Linda M. Kocher' 'Y ° MY COMM. #DD 855321 PI,Bl1C � EXPIRES. February 16, 2013 53 of 68 r(- 4 p Y_ CRY Of SEA- - HOME OF PELICAN ISLAND r5U© II `^ APPLICATION' TO SERVE ON CITY BOARDICONIMITTE�`f -la NAME: �` ► .; i , . HOME ADDRESS: HOME PHONE: 7 R '_� g E -MAIL: . IrYl iJ 2— BUSINESS: - BUSINESS ADDRESS: z` BUSINESS PHONE: — — E -MAIL: ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? Y Z _ "�, HOW LONG? DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDSICOMMITTEES? / / tf PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: CHARTER REVIEW COMMITTEE (serves only 6 months every 5 years - meets next in 2711) CITIZENS BUDGET REVIEW - ADVISORY BOARD (temporary - meets during summer) COMMUNITY REDEVELOPMENT FAQADE, SIGN & LANDSCAPE GRANT SELECTION COMMITTEE CONSTRUCTION BOARD (permanent board - meets once a month)* HANDICAPPED SELF- EVALUATION COMMITTEE (permanent board— meets quarterly) NATURAL RESOURCES BOARD (permanent board — meets once a month) S,, PLANNING AND ZONING COMMISSION (permanent board— meets twice a month)* POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board- meets quarterly)* PARKS & RECREATION ADVISORY COMMITTEE (permanent board — meets once a month) OTHER COMMITTEE (if applicable) (WRITE IN COMMITTEE NAME) Filing of financial disclosure is required following appointment 54 of 68 i:r APPLICABLE EDUCATION AND /OR EXPERT NCE: (a brief resurne is required) HOW WOULD YOUR EXPERIENCE B�NEFIT THE BOARD YOU'RE APPLYING FOR? u .0 t ry Irl I PC " -FY &4U ma� V{ ►� LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? lU 0 HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? /y' D WOULD YOU CONSIDER. SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? fur —srr v.-1 e-,.14 �!r",• � I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification. I have been provided with, read and understand City of Sebastian Cede of dinance actions 2 -166 through 2 -173 (attached). Information relative to a specific, board or commies} avails if requ ed. y ,r � r- Subscribed and sworn to before me this f -� day of /3 , by who is personally known to me, or has produced as identification. ., Commission # EE 024351 Expires October 5, 2014 Notary Public tate of Florida 3' "Pt,, BMW Thru Tmy Fin''n5unNxL 8D0,j8S.7o '9 Please return to Office of the City Clerk, 1225 Main Street, Sebastian, Ft_ 32958 - (772) 589 -5330 lw p -fo rmia ppl i cat.wpd rev. 712007 55 of 68 Jeanette Williams Prom: Sally Maio Sent: Thursday, March 28, 2413 1:59 PM To: Dori Bosworth Cc: Jeanette Williams Subject: RE: Sebastian Planning and Zoning Commission Position I'll have Jeanette pull his original application and move it forward to for P & Z consideration when she gets back. It will probably be on the April 24th Council agenda. We will notify him by letter when it is scheduled. Sally - - - -- Original Message - - - -- From: Dorri Bosworth Sent: Thursday, March 28, 2413 To: Sally Maio; Joseph Griffin Subject: FW: Sebastian Planning 1 :55 PM and Zoning Commission Position Sally - As noted below, please accept Mr. Paschall's application on file to be considered for the open PZC position. Thanks, D - - - -- Original Message---- - From: Paschall, Gregory Scott [ mailto: gregory .scott.paschall @pfizer.comj Sent: ears ay, macrcn 25, 2 : 11 PM To: Dorri Bosworth Subject: Re: Sebastian Planning and Zoning Commission Position Ms. Bosworth, Thank for the informative email. I would be happy to have my application for parks and recreation transferred to that of-the Planning and Zoning comma e. - I look forward to the opportunity to present myself to the city council for consideration. Please feel free to contact me if you require any further information. Sincerely, Greg Paschall Sent from my iPhone Can Mar 28, 2013, at 11:56 AM, "Dorri Bosworth" € dbosworth@ cityofsebastian. org< mailto: dbosworth @cityofsebastian.org >> wrote: Hello Mr. Paschall - After last night's City Council meeting, Mr. Griffin asked that I contact you about applying for the expired, regular member position available on the Planning and Zoning Commission. I checked with Ms. Maio, our city clerk, who reaffirmed that by receiving a `Yes, I would like to apply" response to this email, your application used for the Parks and Recreation Advisory Board could also be submitted for the PZC position. She will add a check by the Planning and Zoning Commission line on the application and submit to the City Council for their decision at the next available meeting after the application deadline of April 15th. The Planning and Zoning Commission is responsible for reviewing, approving, and advising on land development issues within the city. The Commission's regularly scheduled meetings are on the first and third Thursday of each month @ 7 pm. However, because of the recent state of economy for development, they've been meeting about once a month to every rather month lately. We appreciate your consideration to become involved with any of the City's Boards and 1 56 of 68 Committees, and would look forwarding to working with you. If you have any questions, 2 can be reached at 388 -8232, or Mr. Griffin at 388 -8228, Regards, Dorri Bosworth, Planner Community Development Department City of Sebastian 1225 Fain Street, Sebastian, Florida 32958 (772) 589 -5518 (772) 388 -8248 fax dbosworth@ cityofsebastian. orgC niailto .dbosworth @cityofsebastian.org> 2 57 of 68 MO SE HOME OF PELICAN ISLANL) RECEIVED MAR 13 2013 cr:;rtity u. y Cie ric "s Q an APPLICATION TO SERVE ON CITY BOARDICOMMITTEE I& Bk{ Ed W_)d L;QF11fi11I4iE' �°rO'ridDOI S f~ US1 OP kESiagim ci t'rie °.,1t'y x - s+?bcs50ani NAME: Gre NA-Sacl i I HOME ADDRESS: 1167 hrIDor>n+ C Ve- & _ 3X r HOME PHONE: _I��++ HOME FAX: /(/j E -MAIL: cSCIA1I (a i pi: com BUSINESS:)+. Gf•++ BUSINESS ADDRESS: I Aly MV dt�r-e of&c& - III r-6or Po,^+ TVe #- o 8 BUSINESS PHONE:,, ,z_ %3- ggoA.BUSINESS FAX: IVA E -MAIL: 5r" ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? yes HOW LONG? DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? A.I O DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDS/COMMITTEES? CIO PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: CHARTER REVIEW COMMITTEE (serves only 5 months every 5 years - meets next in 2011 ) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary - meets during summer) CONSTRUCTION BOARD (permanent board- meets once a month)" HANDICAPPED SELF - EVALUATION COMMITTEE (permanent board — ,greets quarterly) PLANNING AND ZONING COMMISSION (permanent board — meets twice a month)' POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board- meets quarterly)" _PARKS & RECREATION ADVISORY COMMITTEE (permanent board— meets once a month) NATURAL RESOURCES BOARD (permanent board— meets once a month) OTHER TEMPORARY COMMITTEE (if applicable) (WRITE IN COMMITTEE NAME) Filing of financial disclosure is required following appointment 58 of 68 APPLICABLE EDUCATION AND /OR EXPERIENCE: (a brief resume is required) d: A.— 6ioi o5i X14 Sec Q�LC4" resw"Nie ' G.A. - Eakcgiio^ HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR? • L � ��. it P.ii €a t Y'1 .�' i� i �J 1 ` �` f �'" '" Gaa.�i� Q(j'i'Ot �: Acs Q iQVs�/y�^�i ��Ip'�� } C � ��• �;� s S�or� Co rhyfr►urrn�Gw did n sjc+.11s c+w� re�v+� � � wiirk n#'1nalS � +�� la b f'e.s+��"r iii"c.l.. rf wd ffi. kC Cdtd cAt-*f a Vrsrf a (S . LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: fArc.w#- 0�- � 6-ys w a0— WWY inV -AVt d in Qua- CtPOCS r k,et �y% ^44 1;4LL t% P,A61;L Pa+'KS AJ ur,ivtovrsfXces.. its s - C%roily Wt `�_.ltjoy v4s% O-C �j r Pidq lin� $�,r� .�surtir11n1iilq. T �rlc Steve iV% CJO MMr4011 "y wvice HAVE YOU EVER BE CONVICTED OF ANY FELONY IN THIS OR ANY TAT' • A10 HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? • AIO WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? •yes I hereby certify that I am qualified to hold the position for which this application is made. Further. I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. i understand that any misrepresentation or omission of information requested in this application is cause for d isqua lification- I have been provided with, read and understand City of Sebastian Code of Or�inbnces Se /tif s 2 -166 through 2 -773 (attached). Information relative to a specific board or committee is available if'rehuestpd. � �f Subscribed and sworn to before me this I j ay of V-- &rC by PaS c o who is personally known to me, or has produced _R- r- R V QYS License— as identification. Nrry Public, State of Florida Please return to _ffire of I e ON t, Sebastian, FL 32958 - (772) 589 -5330 r' * "' ",, JEAI+JJETrEWILLIAMS wp- formlapplicat.wpd ir*l' Commission # EE 038067 rev. 712007 -�' - Expires February 28, X015 b riir+ +$ Bon�dlhnrTioyrainlnyaarcdW 95 .7718 `t'[ninlf` Greg Paschall 115 Harbor Point Drive, Sebastian, FL 32958 - 772 -581 -7210 gregorv.scott. paschal l&a pf izer.com Senior Pharmaceutical Sales Representative • Results- driven sales professional who exceeds quotas through cold - calling, identifying decision - makers, obtaining appointments with "hard -to -see" doctors, conducting presentations, and successfully connecting with physicians, hospital and HMO formulary teams. • Engaging, influential approach to relationship building with clients and colleagues of all backgrounds. ('outstanding consultative sales skills, developing and presenting creative, customer - focused solutions. Proven team leadership, training, and mentoring skills. • 'Demonstrated ability to maintain cutting -edge product and market knowledge, developing powerful technical presentations, persuasively answering questions, and overcoming objections. • Energetic, organized, disciplined, and productive. Effective managing of multiple projects and priorities to achieve ambitious professional goals. Recognized by managers, peers, and physicians as a peak - producing professional who models integrity, innovation, and efficiency in the most demanding, competitive environments. Experience PFIZER, INC., Vero Beach, FL 2002 -- Present Professional Health Care Representative, Cardiovascular Division - Vero Beach • Managed aggressive prospecting and calling on 40 -60 physicians per week. Plan and host luncheons, dinner programs, and in- services to deepen discussions on product features and benefits_ • Consulted extensively with hospital directors of pharmacy and P&T committee members for formulary development and product retention. • Produced at -goal sales volume of $6 million for all ,products combined- ranked 5" in a regional sales team of 28 for overall sales performance, 2006. • Retained Lipitor on the Indian River Memorial Hospital formulary through influencing and enlisting the assistance of key cardiologists. • Organized luncheon program for cardiologists, Directors of Pharmacy, Clinical Coordinators and CEO of IRMH utilizing Dr. Ian Dixon to speak on Lipitor Discharge Protocols. • Achieved formulary placement of Caduet for America's Health Choice (HMO) through relationship building and education, including a cardiovascular lecture series targeted specifically to America's Health Choice physicians, • Chosen by district manager to mentor candidates and new hires, including ride along and product competency. • Recruited and coached local physicians to serve as spokesperson and technical lecturer for products. Conducted product and disease specific workshops for the district and the region at sales meetings. • Led several cross divisional initiatives to promote the entire Pfizer portfolio. Awards • 2006 F.1,R.S.T. in Class Winner- Focusing on Individual Results of Selected Targets; rewarding exceptional sales performance awarded to top 25% of the area_ • 2006 Widen the Gap Award Winner, achieved increased market share over baseline. • 2006 Widen the Gap II, achieved increased market share over baseline. • 2005 Southeast Regional Performance Fund Award Winner for above - and - beyond contributions • 2004 Winners Choice Award for greatest increase in market share for Lipitor, one of two people in the region. JOHNS HOPKINS HOSPITAL, Department of Surgery, Baltimore, MD Summers 1998 -2001 Administrative Manager, Surgical Oncology Provided office management, rotating through four surgical practices. Developed strong relationships with physicians and other healthcare staff in a collaborative research environment. • Orchestrated departmental communications. Provided exceptional customer service to patients and family members. Scheduled surgeries and clinical rounds; organized charts and records. • Served as interface between vendors (pharmaceutical sales representatives, surgical and medical equipment manufacturers) and physicians to ensure optimal efficiency_ - Continued Page 2 60 of 68 Greg Paschall Page 2– oregory- scott.paschallgpttzer.com - 772-581-7210 Experience - continued JOHNS HOPKINS HOSPITAL, Department of Surgery, Baltimore, MD Summers 1998 -2001 Administrative Manager, Surgical Oncology • Streamlined office policies and procedures to improve productivity, data management, and customer service. Trained new employees. Developed reports and correspondence using Excel, PowerPoint, Word, and Access: utilized proprietary surgical scheduling system. • Provided data collection and data entry in support of a three -year research study on the prevention of candides infections in ICU patients. BALTIMORE POLYTECHNIC INSTITUTE HIGH SCHOOL, Baltimore, MD 1998 -2401 Biology Teacher • Planned and implemented science classes using creative instructional methods and technologies (PowerPoint presentations, laser discs, and interactive lntemet -based tools)- • Served on numerous task forces and committees, including- School Improvement Committee, Discipline Councii Member. Class Advisor, Women's Track, Women's Volleyball, and Swim Team. - Achieved 100% proficiency ratings in 2000 and 2001, HERITAGE SOUTHEAST MEDICAL GROUP (MSO), Tampa, FL 1997 -1998 Physician Services Representative • Effectively negotiated contracts for Managed Service Organization (MSO) care plans for physicians in the greater Tampa, FL metropolitan area. • Conducted sales presentations, educating physicians on benefits of MSO membership and overcoming objections- Resolved physician issues with the MSO through effective research, listening, and mediation skills. • Facilitated training seminars on operational procedures between physician's practices and the MSO. • Achieved 100% penetration of the assigned territory within six months, adding 75 new physician practices. Promoted twice in six months. UNITED STATES PEACE CORPS, Cameroon, Africa Math 1 Science Volunteer, Education Program rW*41915%-4Iy • Taught Human Anatomy and Physiology, Genetics, General Biology, and Chemistry to youth ages 11 -20 (middle school through first-year college courses). • Developed innovative instructional methods to compensate for limited resources. • Solicited and obtained donations of lab equipment and library books. Wrote grant applications and successfully obtained funding for construction of water sanitation system- Successfully fulfilled 2 years of service, was selected from among peers to complete an additional extension year. Education & Professional Development Activities NORTH PARK COLLEGE, Chicago. IL Bachelor of Arts, Biology - Bachelor of Arts, Education, 1992 Earned Academic Scholarship as an Outstanding Education Major Professional Development: DISCovering Self profile selling workshop- The Ken Blanchard Companies; The Art of Action Selling workshop- Steve Brown 61 of 68 M OF SEBASTLAN HOME OF PELICAN ISLAND F ICE CE CITY CLERK 2410 J119NI 29 AM 10 591 APPLICATION TO SERVE ON CITY BOARD /COMMITTEE , nb___l__. AA.. . l.— r_ .f nl.__ Y thlll "Iiy Eirial Ll ailu L -Oli Milli tl`i t, IVICI[ItJCIS IVILIbt UIv (`it SIUC`II1J !:t wt; t llY 'J! JCLs c7.xtYcill� NAME. er -4.l i O r HOME ADDRESS: I c1_''?4 HOME PHONE: HOME FAX: fir`,' c��t E- MAIL:`�t,.lr fit, 7 7 z � C"` t t'``q 4- E-MAIL = _ t-►15 �: tv W BUSINESS: VE t f -- :. ;may y�1�11' 17j P+ rr ` 4 EFk LT�GZ 0D BUSINESS ADDRESS: BUSINESS PHONE: BUSINESS FAX: E -MAIL_ ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? I'e` HOW LONG? -= —�- DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? c; DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE?c WHICH BOARDS /COMMITTEES? PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: CHARTER REVIEW COMMITTEE (serves only 6 months every 5 years -meets next in 2011) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary - meets during summer) CONSTRUCTION BOARD (permanent board - meets once a month)" HANDICAPPED SELF- EVALUATION COMMITTEE (permanent board — meets quarterly) VPLANNING AND ZONING COMMISSION (permanent board — meets twice a month)* POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board- meets quarterly)` PARKS & RECREATION ADVISORY COMMITTEE (permanent board- -meets once a month) NATURAL RESOURCES BOARD (permanent board — meets once a month) OTHER TEMPORARY COMMITTEE (if applicable) (WRITE IN COMMITTEE NAME) Filing of financial disclosure is required following appointment 62 of 68 rs M cm m APPLICABLE EDUCATION AND /OR EXPERIENCE; (a brief resume is required) Ig62 -joi kll�-Vldeet loa-I { t-Sv*vte. U11i l�It C1 r_', �4iiL1 JA fy t 'y:hr� lart'x:v,itr rk ic.ct,B04,0e{ c oc ''Z arc u # HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING, FOR? y�-Y +` p + C74S ti _�' -stic cll7 i G4 car a fr- CA�lprlr'�11 +i E' C 4iZlf? ' 9 C C r,,� �++L Vr s ti`s �7 ��Lu"1. IQ G c� S EA l_ TL�0 � L �" \d- e— `V`9k -i� � F C.+G V°Ir� M L3 r` C s CL Cx +fia f t' � 1 t►c3 e C � 1t ,.: iii , G - .. v y ht' t l4 cY t IPY1 7 U- U V v LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BC3ARD OR COMMITTEE:. u �c 7�1° (rota -° Gcw�rr��l seU Av" rY.yL wccl9a- 4t-4C- 1 bc- cv, -%-tG j P- l mt+ ew t (r►+ X) - AA 5,V ,r%Je i b ►CY v c ��c �e-s(t "'i n -- �Je%4\1 Cr 1 �Wt 6'Vl i5 r V t , CL, f r- Ae-V' Lf f r� , in 4 ctv - Q c %-,, itr) S'IY CLCC (E 41.. A Sri (,) q 4 f HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? v HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL Or TURPITUDE IN THIS OR ANY STATE? WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? 'c X I hereby certify that I am qualified to hold the position for which this application is made- Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which i have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification. I have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2 -166 through 2 -173 (attached ). Information relative to a specific board or committee is avaiiabi if requested- Applidant Signature Subscribed and sworn to before me this day of by who is personatly known to me, or has produced as identification. !.T .� ®� pU ^ Nancy G. Michaud ?.- CUMMISSJON,, t7D68 t 073 Notary P j7lic, state of Florida r : �A `�y4 E71PIR €5; Jt1N• 179, 2011 Please return to Office of the City Clerk, 1226/ MaiWS bastian, FL 32058 - (772) 589 -53307 lwp- formlappl icat.wpd rev. 7/2007 Lz, 4 L%c 63 of 68 5EB.ASTI :. PRESS RELEASE The City of Sebastian is accepting applications for the following position on the Planning & Zoning Commission: Expired, Regular Member Position — Term to expire 5J1I2016 Interested individuals must have resided in Sebastian one year prior to application. This is a volunteer position. In the event Council fills the position with an alternate member, Council may choose one of the applicants to fill the alternate position. Applications are available in the City Clerk's Office, City 'Hall, 1225 Main Street, Sebastian between the hours of 8:00 am and 4:30 pm or on www.cityofsebastian.org Applications will be accepted until April 15#x', 2013. 64 of 68 PLANNING & ZONING COMMISSION 3 -YEAR TERMS MEETS 1ST AND 3RD THURSDAY OF EACH MONTH - TOO P.M. MEMBER NAME AND APPOINTMENT CURRE TERMS ADDRESS HISTORY NT COMPLETED STATUS [MOST RECENT HISTORY FIRST] Larry Paul Took Hepler's expired Term to 1701 Sunset Lane regular member position expire Sebastian, FL 32958 32114/11 11!112014 Pau 1384 ()bellsouth.net 388 -0937 Rich Carter Took Cardinale's expired Term to 237 Main Street regular member position expire Sebastian, FL 32958 4127111 411/2014 focussysCc att.net 918 -4600 Took Durr s unexpired alt member position 219111 Tahir (Bash) Qizilbash Took Paul's expired Term to 103 Barbara Court regular member position expire Sebastian, FL 32058 4127111 511/2014 Bash. pes(Qgmail.com 581 -0775 Took SrWvasan's expired Term to Domenic Durr regular member position expire 542 Quarry Lane 219111 211/2014 Sebastian, FL 32958 ddvmf@hotmail.com Reappointed alt member (412) 381 -1701 1/26/11 Took Hepler's unexpired alternate member position 12116/Q9 David Reyes Re- appointed 6/13112 Term to expire 458 Oak Street 61112015 Sebastian, FL 32958 Took Simmons unexpired JosereyesDl@comcast regular member position .net 3/1x11 589 -8661 Took Neuberger's unexpired alternate member position 7/14/10 M- 1:1.1 Staff Liaison -- Community Development Director 66 of 68 Joel Roth — Vice Chair Re- appointed 5/12110 Term to 1984 E. Lakeview drive expire Sebastian, FL 32958 Took Buchanan's 5/1/2013 joelroth(amsn.com unexpired regular 589 -6894 member position 1127119 Ed Dodd — Chair Reappointed 11/17110 Term to 906 Fleming Street expire Sebastian, FL 32958 Took Allocco's unexpired 111112013 eddodd@aol_com regular member position 388 -5440 12112107 Ted dyer Took Kayser's unexpired Term to 256 Concha Drive alternate member position expire Sebastian, FL 32958 3114112 11/112013 Tedw.dyera,gmail.com 202 -7431 Louise Kautenburg Took Hennessey's Term to 973 Oswego Avenue unexpired alternate expire Sebastian, FL 32958 member position 3114112 11112014 Louisekl (5z iu no. com 696 -3716 Staff Liaison -- Community Development Director 66 of 68 aff OF SEBAS.TIAN KOME Of PEUCAN ISLAND AGENDA TRANSMITTAL Subject: Agenda No. /Z� - 13,067 Stormwater Utility Fee Credit Policy Department Origin: City ana e f Dr. Henry Fischer Refund Administrative Sry City Attorney: A prov or Submittal by: City Clerk; Date Submitted: 17 APR 13 City Manager For Agenda Cif: 24 APR 13 1 Exhibits: NIA - - -- -- — � - - - EXPENDITURE REQUIRED- AMOUNT BUDGETED: � APPROPRIATION REQUIRED: SUMMARY In November 2012, Dr. 'Henry Fischer timely filed a protest with regard to his 2012 Stormwater Assessment Fees. Dr. Fischer holds several large parcels and his total stormwater assessments were $24,409 -06- In researching his protest City staff identified the following issues: i Under /over charges on several Fischer parcels resulting in a total over charge of $5,023.27 for 2012 Assessments. • Dr. Fischer owns a large parcel. commonly known as the "Sand Pit" located off Schumann Drive, which is undeveloped and does not have a stormwater discharge- This parcel accounts for over 30% of Dr. Fischer's stormwater assessment- Based upon the foregoing, staff recommends (1) refund Dr. Fischer for over billings; (2) providing refund for unapplied 2012 potential credits; and, (3) creating a credit waiver category for land that has no affect on the overall Citywide drainage system. As a result; a settlement offer to Dr. Fischer in the arnount of $10,554.36 should be considered by Council. This amount is calculated as follows: 67 of 68 ITEM Total 2012 SW Assessment Less 2012 Overbilling Subtotal Potential Reduction with Correct Credit Applications and 97% Reduction for Area with No Run-Off Impact Overbilling Plus Current Credit Plus No Impacts Category RECOMMENDATION Staff recommends that Council take the following action.- AMOUNT $24,409.06 $5,023.27 $19,385.79 $11,531.09 $16:554-36 Accept Dr. Fischer's 2012 assessment protest and settle that matter with a refund in the amount of $16,554.36 which represents corrections for (1) incorrect billing; (2) proper credit applications; and. (3) new fee wavier for properties with no-stormwater impacts (Sand-Pit Properties). ✓ Authorize the creation of a new "Fee Waiver" Stormwater Category if a property owner provides sufficient documentation that there is no run-off to the City's stormwater system'. Should Council approve this action total stormwater assessments for Dr- Fischer property holdings will be reduced approximately from $19,385.79 to $7,854.70. AM*