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Home My WebLink About01082014 Agenda PacketCITY Lf SEAT, -" HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, JANUARY 8, 2014 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK 1225 MAIN STREET, SEBASTIAN, FLORIDA OR ON THE CITY WEBSITE Procedures for Public Input are Attached to the Back of the Agenda 1. CALL TO ORDER 2. INVOCATION — Pastor Seth Goldsmith, Coastal Community Church 3. PLEDGE OF ALLEGIANCE — Led by Mayor 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. 14.001 A. Proclamation — National Mentoring Month — Accepted by John Clark & Sabrina t Semes, Big Brothers /Big Sisters 14.002 B. Presentation of Plaque to Former Council Member /Vice Mayor Don Wright - 2009- 2013 14.003 C. Presentation of Certificate to Harry Marshall - Citizen Budget Review Advisory Board 14.004 D. Recognition of City of Sebastian Employee of the Year 2013 — Merbert "Bub" Milon 6 14.005 E. Anjani Cirillo, Sebastian Clambake Foundation — Presentation of Checks to Recipients of Clambake Proceeds 14.006 F. Frannie Southern, Earls Hideaway — Presentation Blessing of the Bikes Event G. Brief Announcements i. 1/9/14 - Paul Kroegel Birthday Celebration /Pioneer Festival at Fisherman's Landing — 10 am to 3 pm ii. 1/10/14 - Chamber Concert in Riverview Park — St. Johns Wood — 5:30 -8 pm iii. 1/15/14 - Indian River Lagoon Council Workshop in Chambers - 6 pm iv. 1/18 & 1/19/14 — Sebastian River Fine Art & Music Festival 1 of 82 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 -21 A. Approval of Minutes — December 11, 2013 Regular Meeting 14.007 B. Award Bid for Installation of Schumann Park Playground to Low Bidder Playworx 22 -33 Playsets, LLC of Lake Mary, FL in the Amount of $18,335.98 (Parks Transmittal, Bid Tabulation, Proposal, Drawings) 14.008 C. Approve Expenditures of Forfeiture Funds to B & H Police Supply in the Amount 34 -39 of $6,760.00 and Law Enforcement Supply in the Amount of $4,333.000 (PD Transmittal, Memo to Chief, Quote) 14.009 D. Approve Expenditure of Forfeiture Funds for Police Department for Capers 40 -41 Hardware to Aid in New Police Department Records Management and Computer Aided Dispatch System in the Amount of $11,000 (PD Transmittal, Quote) 14.010 E. Approve Application Process for FY 2013 Edward Byrne Memorial Justice Grant 42 -57 (JAG) in the Amount of $3,878.00 (PD Transmittal, Grant Letter and Application) 14.011 F. Accept Florida Municipal Insurance Trust Settlement Offer for Police Vehicle in 58 -60 the Amount of $4,023.83 and Approve Sale by Auction at Later Date (Administrative Services Transmittal) 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. 14.012 A. Planning and Zoning Commission 61 -67 i. Interview, Unless Waived, Submit Nominations for One Expired Alternate Member Position with a Term to Expire 1/1/2017 (City Clerk Transmittal, One Application, Ad, Committee List) 14.013 B. Police Pension Board of Trustees 68 -69 i. Confirm Appointment of Fifth Member Selected Recommended by Board — Debra Krueger (City Clerk Transmittal, Board Memo) 9. PUBLIC HEARINGS — None 10. UNFINISHED BUSINESS 11. PUBLIC INPUT New information or requests to city council not otherwise on the prepared agenda — procedures on back ofagenda 2 2 of 82 12. NEW BUSINESS 14.014 A. City Manager Selection Process (Administrative Services Transmittal) 70 -71 14.015 B. Approve First Reading of Ordinance No. 0 -14 -01 — Florida City Gas Line 72 -82 Franchise and Set Public Hearing for February 12, 2014 (Interim City Manager Transmittal, 0- 14 -01, Maps Under Separate Cover) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY FLORIDA; PROVIDING A SHORT TITLE; PROVIDING FINDINGS AND INTENT; GRANTING TO PIVOTAL UTILITY HOLDINGS, INC., DBA FLORIDA CITY GAS, ITS SUCCESSORS AND ASSIGNS, A NON - EXCLUSIVE FRANCHISE FOR A PERIOD OF 25 YEARS TO CONSTRUCT, OPERATE, MAINTAIN, OWN AND TRANSPORT IN THE CITY OF SEBASTIAN, FLORIDA, WORKS FOR THE MANUFACTURE, TRANSMISSION, DISTRIBUTION, TRANSPORTATION, AND SALE OF GAS, INCLUDING NATURAL, MANUFACTURED OR MIXED GAS; PROVIDING CONDITIONS TO THE GRANT OF THE FRANCHISE; PROVIDING FOR CITY REGULATION OF THE GAS SYSTEM; PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS; PROVIDING SEVERABILITY; PROVIDING AN EFFECTIVE DATE. 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS A. Mayor McPartlan B. Vice Mayor Hill C. Council Member Adams D. Council Member Coy E. Council Member Gillmor 17. ADJOURN (All meetings shall adjourn at 10:00 p.m. unless extended for up to one half hour by a majority vote of City Council) HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. All City Council Meetings are Aired Live on Comcast Channel 25. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (F.S.286.0105) IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589 -5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Future Council Meeting Dates: 1115114 City Council Workshop on IR Lagoon 6 pm 1122114 Regular City Council Meeting 6:30 pm 2112114 Regular City Council Meeting 6:30 pm 2126114 Regular City Council Meeting 6:30 pm 3112114 Regular City Council Meeting 6:30 pm 3126114 Regular City Council Meeting 6:30 pm 3 3 of 82 PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION R -13 -18 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 4 of 82 (OA ,/cool .. AIR PROCLAMATION NATIONAL MENTORING MONTH JANUARY 2014 WHEREAS, every day, Big Brothers Big Sisters works to provide children facing adversity with strong and enduring, professionally supported one -to -one relationships that change their lives for the better, forever; and WHEREAS, mentoring is a proven, effective strategy that helps children by matching them with a caring, responsible adult who can provide guidance and direction, and build their confidence; and WHEREAS, research shows that mentoring has beneficial and long -term effects on youth by increasing their academic engagement and decreasing the likelihood of substance abuse and other risky behaviors, and WHEREAS, dozens of Sebastian children are in need of a caring adult mentor in their lives, and closing this mentoring gap will take more investment, partnerships, and volunteers ready to make a difference in a child's life; and WHEREAS, the City of Sebastian recognizes that our success depends on helping every child reach their full potential in life, and realize that young people need a solid foundation of support that will help them become well- educated, confident, and productive citizens; and NOW, THEREFORE, I, Robert McPartlan, Mayor of Sebastian, on behalf of the Sebastian City Council, do hereby proclaim January 2014 as National Mentoring Month, and call upon the people of the City of Sebastian to recognize the importance of mentoring, to look for opportunities to serve as mentors in their communities, and to observe this month with appropriate activities and programs. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Sebastian to be affixed this 8th day of January 2014. City of Sebastian, Florida Mayor 5 of 82 CROF .15EELAST'" HOME OF PELICAN ISLAND EMPLOYEE OF THE YEAR 2013 MERBERT `BUB" MILON SUPERVISOR STORMWATER DIVISION, PUBLIC WORKS Bub became employed by the City of Sebastian in January 2004. He was hired as Maintenance Worker I and worked his way up through the ranks of the stormwater division to become a Supervisor. Bub takes his job very seriously and takes great pride in his work product. He has great customer service skills and is always cooperative and positive. He will perform any task requested of him to include; handling drainage complaints (which we all know is not always a pleasant experience), quarter round clean up (which is not always a clean experience), the City's vacuum truck operator (which is usually a 2 -man operation), and has the ability to operate most of the City's equipment. Most recently he provided important assistance to management with setting performance benchmarks as a result of a personnel issue. Bub is a Qualified Stormwater Management Inspector, and has completed NPDES Stormwater Training and Stormwater Regulations and Best Management Practices Training. He has completed independent study courses through the Emergency Management Institute and FEMA on National Incident Management System and Introduction to Incident Command System. Bub is an integral part of the City's daily operations, and his exemplary professionalism and commitment is truly an inspiration to others. His dedication to the City of Sebastian, coupled with his work ethics has earned him the Employee of the 2nd Quarter. Therefore it is with great pleasure that we present this plaque to Bub Milon in recognition of his achievements and dedication to the City of Sebastian. 6 of 82 Cn or �gAST� - ---- - HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, DECEMBER 11, 2013 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA The Regular Meeting was called to order by Mayor Bob McPartlan. 2. Invocation was given by Pastor Dave Newhart, St. Elizabeth's Episcopal Church. 3. The Pledge of Allegiance was led by Council Member Gillmor. 4. ROLL CALL City Council Present: Mayor Bob McPartlan Vice Mayor Jim Hill Council Member Jerome Adams Council Member Richard Gillmor City Council Absent: Council Member Andrea Coy (excused) City Staff Present: City Manager, Al Minner City Attorney, Robert Ginsburg City Clerk, Sally Maio Administrative Services Director, Debra Krueger Community Development Director, Joe Griffin Finance Director, Ken Killgore Deputy Police Chief, Greg Witt Network Manager, Rob Messersmith 7 of 82 Regular City Council Meeting December 11, 2013 Page Two 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members Mayor McPartlan listed several requested agenda modifications: • Item 6.C. — IRC Commissioner Tim Zorc will not be in attendance and will reschedule in January. • Move Presidential Streets item to New Business 12.H. as a contract award for Tim Rose (see new agenda backup for Tim Rose Contract in revision packet) • Add Workforce Solutions Agreement to Consent Agenda 7.1. (see new agenda backup for Tim Rose Contract in revision packet) There were no Council objections to the modifications. 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. 13.175 A. Presentation of Plaque Expressing Gratitude of City Council to Al Minner, City Manager Mayor McPartlan read and presented the plaque to Mr. Minner on behalf of City Council, stating that Mr. Minner excelled during a very bad economy and led the City through it to the other side in great shape. Mr. Minner thanked City Council, said he was sorry Ms. Coy was not present, appreciated their trust in him as City Manager, that he never took his responsibility lightly, said that Sebastian is a great community, is a very special place and will always be close to his heart. He said the people he worked with are special and hoped Sebastian was better for him being here. 13.122 B. Presentation of Certificate of Completion by Mayor McPartlan to Council Member Adams — Florida League of Cities and Florida Institute of Government 2013 Advanced Institute for Elected Municipal Officials McPartlan read and presented the Certificate of Completion to Mr. Adams. 13.176 C. Indian River County Commissioner Tim Zorc — Presentation to City Council - Economic Development Positioning Initiative Indian River County Commissioner Tim Zorc was unable to attend and will reschedule. 13.177 D. Kevin Lowry — Update on Pelican Island Wildlife Refuge Pioneer Festival to Celebrate the 150th Birthday of Paul Kroegel, the Nation's First Refuge Manager — January 9, 2014 Kevin Lowry gave a brief PowerPoint presentation on the planned festival which will celebrate Paul Kroegel's 150th birthday and be an authentic representation of pioneer life with food, hands -on activities, and a proclamation by Mayor McPartlan and German dignitaries, attended by the Kroegel /Timinsky family on January 9, 2014 from 10 am and 3 pm at Fisherman's Landing on Indian River Drive (see PowerPoint presentation attached). 2 8 of 82 Regular City Council Meeting December 11, 2013 Page Three E. Brief Announcements i. Friday, December 20, 2013 — Sebastian Police Department Shop with a Cop Program — Volunteers Needed and Donations to Officer Ashley Penn ii. Saturday, January 4, 2014 — Craft Club in Riverview Park iii. Saturday, January 11, 2014 — Sebastian River Art Club in Riverview Park Mayor McPartlan read the above announcements, noting that Sebastian Police Officer Penn has reported that they did so well with fundraising that they have canceled this weekend's planned fundraising and were able to accommodate a busload of local children for the "Shop with a Cop" program. He also reported on the successful bell ringing for the Salvation Army last Saturday with proceeds all staying in Sebastian and commended Ms. Coy for organizing that. He then announced the upcoming Police Department Citizens Academy (see program outline attached and urged citizens to participate. Mr. Gillmor said the Sebastian River Art Club and Sebastian Craft Club will be together in Riverview Park this weekend. Mr. Gillmor asked to speak on his item relative to the Indian River Lagoon at this time and requested a workshop on January 15, 2013. He said he had spoken to various members of Council prior to his election and members of ORCA. He said Brian LaPointe is available that date. Mr. Hill said he was not opposed to a workshop, that we have had a lot of meetings discussing the lagoon, but we lack data on Sebastian waters, and suggested we do something now to see what is in the water before we decide what to do to make it better. Mr. Gillmor responded that is why he wants the workshop, to have the people who make the Kilroys show us what they do. Mr. Hill said they should direct the City Manager to come back at the next meeting, a process of how to test the waters, maybe it will be Kilroys or whatever it may be. He said they could wait until the 15th or go ahead now and find out what it is. He suggested they could have the City Manager commission a study to find out what pollutants are there and the source, suggesting taking a certain amount of funds out of reserves to accomplish this. Mr. Gillmor said he was on board 100 %, but suggested they have the experts come in and talk to them, that he had spoken with Edie Widder, ORCA and she is excited about doing something in Sebastian, and there are funding avenues available, noting Mr. Wright said St. Johns River Water Management District may have funding. He said he wanted to see what the Kilroys will do. Mr. Hill said if we have a meeting on the lagoon, the workshop should be based on studying and finding out what the issues are and then base the speakers on what types of research is out there and how the City can find out what is going on. Mr. Gillmor said so moved. Mr. Hill said he did not want to get into another multi -hour discussion on what to do to solve a problem when we don't know what the problem is. Mayor McPartlan suggested that maybe we could spend $100K to conduct a study, but we want the most bang for the buck, and suggested maybe the County would want to get on board with us. Mr. Gillmor reiterated the Brian LaPointe can be here on January 15 and he can get in touch with Edie Widder. 3 9 of 82 Regular City Council Meeting December 11, 2013 Page Four Mr. Adams suggested this be done at a regular meeting rather than workshop. Mr. Hill said the idea of a workshop is not to take up hours of time at a regular meeting and it will be broadcast live. The City Manager said consider it done and said he will make sure Mr. Griffin does homework on details and cost analysis of dollars available. 7. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he /she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his /her hand to be recognized. A. Approval of Minutes — November 13, 2013 Regular Meeting 13.162 B. Cancel Purchase of Three Chevrolet Caprice Police Package Vehicles from Alan Jay Fleet Sales and Move to Authorize Purchase Same Vehicles from Stingray Chevrolet Under Florida Sheriff's Association State Contract Number 13 -21 -0904 in the Amount of $104,841 (PD Transmittal, FSA Bid Award) 13.178 C. Authorize Purchase of One Chevrolet Tahoe Police Package Vehicle from Alan Jay Fleet Sales Under Florida Sheriff's Association State Contract Number 12- 20 -0905 in the Amount of $32,847 (PW Director Transmittal, FSA Bid Award) 13.171 D. Approve Purchase of MIS Network Switch Equipment (14 HP ProCurve 2920 Series Layer 3 Switches) in the Amount of $19,357.75 Under State Contract Price and Further Reduction Due to Negotiation (MIS Transmittal, GovConnection Quote) 13.171 E. Approve Purchase of MIS Storage Array (Dell PowerVault MD 3200i) in the Amount of $16,632.10 under State Contract (MIS Transmittal, Dell Quote) 13.057 F. Approve Neel- Schaffer Continuing Services Agreement #65 — Tulip Street Drainage Project Design in the Amount of $32,200 (City Manager Transmittal, CSA 65) 13.179 G. Approve Neel- Schaffer Continuing Services Agreement #66 — Riverfront Stormwater Plan in the Amount of $40,000 (City Manager Transmittal, CSA 66, Proposal) 13.180 H. Approve Neel- Schaffer Continuing Services Agreement #67 — Washington Street Outfall Payable from the Presidential Street Project Fund (City Manager Transmittal, CSA 67, Aerial) Workforce Solutions Agreement (added to agenda — see agenda backup in revision packet) The City Manager noted in regard to item 7D MIS Network Switch, that the MIS Network Manager Rob Messersmith had been able to find another source of the HP equipment which is CDWG, reduced the cost by about $760 for a total cost of $18,641.61. 4 10 of 82 Regular City Council Meeting December 11, 2013 Page Five MOTION by Mr. Hill and SECOND by Mr. Gillmor to approve the Consent Agenda as amended. Mr. Adams noted a typo on page nine that should be 2014 rather than 20014. Roll Call: Ayes: McPartlan, Hill, Adams, Gillmor Nays: None Passed: 4 -0 (Coy Absent) 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. 13.166 A. Citizens Budget Review Advisory Board (City Clerk Transmittal, At -Large Applications, Press Release, Member List) i. Confirmation of Five Council Appointees (Applications on File & Residency Verified) ii. Interview, Unless Waived, and Submit Nominations for Two At -Large Members with Terms to Expire November 2014 Council Appointees announced by City Clerk: Mayor McPartlan — Tim Slaven Vice Mayor Hill — Gary O'Hara Council Member Adams — Ed Herlihy Council Member Coy — Dionna Farmer Council Member Gillmor — Bill Flaherty At -Large Member Nominations: City Clerk said that Christine Vicars was not able to be at the meeting but is very interested in serving. City Council interviewed Bruce Hoffman and Bob Zomok. Mr. Hill nominated Mr. Hoffman and Ms. Vicars to continue serving. Mr. Adams seconded the nomination. No other nominations were made. Ms. Vicars and Mr. Hoffman were appointed. Other Committee Reports Mr. Adams reported on his recent Treasure Coast Council of Local Governments meeting, citing a decrease in unemployment rates in Indian River County to 8.0% and industries gaining the most jobs in the Sebastian area retail trade, professional and business services, education and health services, and leisure and hospitality, and overall unemployment rate is now 6.6 %, and the country is currently 7.0 %. 9. PUBLIC HEARINGS - None 10. UNFINISHED BUSINESS 13.168 A. Memorandum of Understanding for Interim City Manager Joe Griffin (City Manager Transmittal, MOU) The City Manager said it was important to memorialize the relationship with Mr. Griffin in his appointment as interim City Manager, outline his responsibilities, allow him to participate in the permanent City Manager recruitment process, and protects his current position as Community Development Director. He said a couple of blank areas need to be determined. 5 11 of 82 Regular City Council Meeting December 11, 2013 Page Six Mayor McPartlan asked Mr. Griffin if he would be continuing to wear all the hats as Community Development Director, Airport Director and Economic Development Director and add interim City Manager. Mr. Griffin said that was correct. Mayor McPartlan suggested at least a 20% increase from his current salary. Mr. Hill suggested 50% of the difference between Mr. Griffin's salary and Mr. Minner's salary, suggesting recruitment may be a very short process. Mr. Adams asked if there is a salary range for the position of City Manager. The City Manager said there is not a range, said 20% is pretty close, and that the City Manager should be the highest paid employee, and as interim suggested it should be higher than the highest paid employee, which is the Chief whose package is at $104,422* and put it at $1 dollar above that amount. Mr. Hill made a recommendation to fill the blank in with that number, one dollar more than whatever the Chief's is. Mr. Gillmor seconded the recommendation. The City Manager, in response to Mr. Adams, said there is a paragraph in the MOU that provides that Mr. Griffin continues his tenure and benefits. MOTION by Mr. Hill and SECOND by Mr. Gillmor to approve the Memorandum of Understanding with the dollar figure to be $1 more than the next highest paid employee within the City. Damian Gilliams, 1623 US 1, asked what Mr. Griffin is making now. The City Manager responded about $85,000, the Chief makes about $104,422, and he makes about $115,000. Mr. Gilliams said Joe is a good man, but has never been a City Manager or Assistant City Manager, he'd like to see him get the job, and put off a search until we give him a chance to prove himself, but just because the Chief makes more doesn't mean you need to give somebody more, he might take this job for far less if asked. Mr. Griffin said these kinds of discussions are personally embarrassing, said he will be taking on additional duties, Council will be given enough scrutiny on his performance that if he can't hack it Council will get him out of there. He said this is a risk for him and does want to apply as City Manager because of his love and his vision for the community, said he appreciates the opportunity and will do his best. Roll Call: Ayes: Hill, Adams, Gillmor, McPartlan Nay: None Passed 4 -0 (Coy Absent) * [Editor's note: number was actually $100,422 - number in MOU to be $100,423 for Mr. Griffin] 13.082 B. Contract Award Recommendation for Airport Main Street Access Road Protect — Appropriate $166,163 from DST Funds — Award Airport Drive East Improvements to Mancil's Tractor Service in the Amount of $926,739 — Award Golf Course Storage Building Construction Contract to C & S Companies in the Amount of $512,968 and Authorize City Manager to Execute Both Contracts (Community Develooment Director Transmittal. Bid Materials. Budaet Detail. Plan) The City Manager said one of the biggest things the City has done for Economic Development is to develop the airport and we have done well with Mr. Griffin's direction, and described the two components of the Airport Drive East development, to move the 6 12 of 82 Regular City Council Meeting December 11, 2013 Page Eight dirt pile and existing Golf Course maintenance building to accommodate future development on the east side of the airport. He said this was bid out in two phases and some engineering estimates were low, so we are a little shy on funds. He asked for approval of the Airport Drive improvement to Mancil's Tractor Service for $926,739, an allocation of $166,163 from DST funds to augment, noting Exhibit C shows how dollars are being moved around, and a 5% contingency in the amount of $76,500 in case budget parameters don't meet during the construction and hopefully it will be returned, and award of the Golf Course building to C & S Companies in the amount of $512,968. He said the total project cost is $1.61M and is augmented with FDOT and FAA grant funds, and said DST is a strong fund for the City of Sebastian and we are spending that for capital improvements. MOTION by Mr. Hill and SECOND by Mr. Gillmor to approve $166,163 additional funding for the Main Street Access road project to be transferred from DST funds, also to award the Airport Drive East improvement construction project to Mancil's tractor service in the amount of $926,739, authorize the City Manager to execute the subject contract, and award the Golf Course storage building construction contract to C & S Companies in the amount of $512,968 and authorize the City Manager to execute the subject contract. Damian Gilliams congratulated Mr. Griffin for the first big one he brought into the community, grant money from FAA and FDOT. Mr. Hill called a point of order. Mr. Gilliams continue saying he wanted to thank Mr. Griffin for doing a good job of bringing our fair share of tax moneys from the federal government to Sebastian, and maybe Mr. Griffin can get it started, saying this is important for the community. Mr. Adams said there are quite a few items that were not allowed by FAA and was concerned about the bids that came in which were so much higher than we expected and asked if it was possible to rebid and remove those items. The City Manager said staff can't explain why the engineers estimate was off, maybe a sign of the times, at this stage this has been bid twice already, and we are comfortable with where they are, and have shifted funds so we can afford the project with reasonability. Mr. Griffin said with FAA grants there has to be an independent fee estimate submitted, we submit the bids to FAA and they have to have another consultant look at it and it has to be within 8 -10 %. He said that happened with the road bid and those were the numbers he had which were worked up 4 to 5 years ago, and the numbers turned out higher than those bids, and it may be the improving economy and other factors. He said he was very comfortable that we have market bid prices that we can rely on. The City Manager discussed shifting DST funds, which may be seen as being done cavalierly, but that shifting funds typically is done to save money. Roll Call: Ayes: Adams, Gillmor, McPartlan, Hill Nays: None Passed: 4 -0 (Coy absent) 7 13 of 82 Regular City Council Meeting December 11, 2013 Page Eight 11. PUBLIC INPUT Bruce Zingman said he is very proud of everyone in the City for their participation in the Christmas parade, thanked Chief Morris, Officer Parker, Officer Marcinik who had all Police volunteers helping, Chris McCarthy, Antoine Van Meir, Jerry Converse and City workers, American Legion, VFW, GFWC for the Santa House, SPOA, Clerks office, Chamber of Commerce, churches, schools, scouts, athletic groups and businesses, and Council and citizens. Mayor McPartlan thanked Mr. Zingman, and said it was a wonderful weekend with Friday's Light Up Night, Salvation Army bell ringing for Sebastian at Wal -Mart, the Pearl Harbor Day observance, the Christmas parade and thanked Mr. Zingman again and SPOA for the parade. Jim Sunnycalb, Sebastian, thanked the City Manager and wished him good luck, and reported on Christmas Eve events planned in Riverview Park, where he and his son will team up with Seth Goldsmith and Coastal Community Church his church with trains around the City tree starting at 2 pm, Santa Claus, treats and Imani Milele children's choir from Uganda singing around 6 pm. Mayor McPartlan said he had heard the Imani choir and urged people to go see them perform. Mr. Gillmor said they are great and highly recommended. Damian Gilliams congratulated all on their elections, said it was his fourth time running, and people were interested in what he was saying, thanked Mr. Gillmor for getting the lagoon on the workshop, discussed a variance on December 2nd regarding drainage, the Captain on the river he said broke every code in the LDC, that Mr. Gillmor brought pictures of illegal dumping into our river and Council rewarded with six variances. He asked why the community leaders are afraid to speak against this, proper notice was not given, and staff indicated it was done properly. He said we are looking to spend hundreds of thousands for Kilroys, when other communities put blackouts on fertilizing during the rainy season. He said maybe Kevin Lowry should have been here on this, and Ms. Coy took hundreds of dollars in campaign contributions the month before, and he thought she wanted to save Sebastian. Mr. Hill called a point of order, stating we have rules and Roberts Rules of etiquette would also apply here that a person giving public input is not to personally attack any of the public officials or staff or anyone in the City, and it is cowardice to attack someone who is not here, and that kind of comment should cease and desist. Mayor McPartlan said Mr. Gilliams' time was up and asked him to have a seat. Mr. Gilliams continued to speak and Mayor McPartlan continually asked him to take a seat. Mr. Gilliams wished the City Manager good luck, and Mayor McPartlan asked Deputy Chief Witt to show Mr. Gilliams the door. Mr. Gilliams continued to yell from the back of the room that the legislature allows the public to speak as he was escorted out. Mayor McPartlan called recess at 7:38 p.m. and reconvened the meeting at 7:49 pm 8 14 of 82 Regular City Council Meeting December 11, 2013 Page Nine Ben Hocker spoke on the diagonal parking across from Hiram's and said we were supposed to get a sidewalk from the property owner but did not get it. He suggested a change to compact car parking only because it is turning into billboards for trucks parked there and their bumpers are in the roadway. He said the incident he just witnessed on our agenda referring to a time limit, says the City Council may extend or terminate an individual's time by a majority vote of Council and did not see that occur. Mayor McPartlan said he agreed with Mr. Hocker on the parking, that trucks do extend out there and maybe we could look into that matter. 12. NEW BUSINESS 13.170 A. Resolution No. R -13 -41 — Authorizing Issuance of Note of City to Refund the Infrastructure Sales Tax Bonds (Administrative Services Transmittal, Analysis of Responses to RFP Prepared by FirstSouthwest Company) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, ACCEPTING A PROPOSAL OF HANCOCK BANK AND APPROVING THE FORM OF A LOAN AGREEMENT WITH HANCOCK BANK; AUTHORIZING THE REFUNDING OF THE CITY OF SEBASTIAN, FLORIDA INFRASTRUCTURE SALES SURTAX REVENUE BONDS, SERIES 2003 AND 2003A; AUTHORIZING THE ISSUANCE OF A PROMISSORY NOTE PURSUANT TO SUCH LOAN AGREEMENT IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT EXCEEDING $3,100,000 IN ORDER TO EFFECT SUCH REFUNDING; AUTHORIZING THE REPAYMENT OF SUCH NOTE FROM PROCEEDS OF THE INFRASTRUCTURE SALES SURTAX REVENUES; DESIGNATING SUCH NOTE AS A QUALIFIED TAX - EXEMPT OBLIGATION WITHIN THE MEANING OF SECTION 265(B)(3) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED; DELEGATING CERTAIN AUTHORITY TO THE CITY MANAGER AND CITY CLERK; AUTHORIZING THE EXECUTION AND DELIVERY OF AN ESCROW DEPOSIT AGREEMENT AND APPOINTMENT OF AN ESCROW AGENT THERETO; AND PROVIDING FOR AN EFFECTIVE DATE FOR THIS RESOLUTION. The City Attorney read Resolution No. R -13 -41 by title, and noted there were non - substantive amendments as part of the additional agenda packet. The City Manager said these were comments from the bank, said this does not require extended terms, will save a significant amount of money, recommend approval, and said financial advisors were present to answer questions. MOTION by Mr. Adams and SECOND by Mayor McPartlan to approve Resolution R -13- 41. The City Attorney clarified that the motion is to approve "as amended ". Roll Call: Ayes: Gillmor, McPartlan, Hill, Adams Nays: None Passed: 4 -0 (Coy Absent) 13.170 B. Resolution No. R -13 -42 — Authorizing Issuance of Note of City to Refund the Stormwater Utility Bonds (Administrative Services Transmittal, Analysis of Responses to RFP Prepared by FirstSouthwest Company) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, ACCEPTING A PROPOSAL OF HANCOCK BANK AND APPROVING THE FORM OF A LOAN AGREEMENT WITH HANCOCK BANK; AUTHORIZING THE REFUNDING OF THE CITY OF SEBASTIAN, FLORIDA STORMWATER UTILITY REVENUE BONDS, SERIES 2003; AUTHORIZING THE ISSUANCE OF A PROMISSORY NOTE PURSUANT TO SUCH LOAN AGREEMENT IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT EXCEEDING $3,200,000 IN ORDER TO EFFECT SUCH REFUNDING; AUTHORIZING THE REPAYMENT OF SUCH NOTE FROM PROCEEDS OF THE STORMWATER FEE REVENUES; DESIGNATING SUCH NOTE AS A QUALIFIED TAX - EXEMPT OBLIGATION WITHIN THE MEANING OF SECTION 265(B)(3) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED; DELEGATING CERTAIN AUTHORITY TO THE CITY MANAGER AND CITY CLERK; AUTHORIZING THE EXECUTION AND DELIVERY OF AN ESCROW DEPOSIT AGREEMENT AND APPOINTMENT OF AN ESCROW AGENT THERETO; AND PROVIDING FOR AN EFFECTIVE DATE FOR THIS RESOLUTION. 9 15 of 82 Regular City Council Meeting December 11, 2013 Page Ten The City Attorney read Resolution No. R -13 -42 by title and said this resolution has also been amended as the previous one had. The City Manager said this will save just over $30K per year and will retire in 2022 the same as the last. MOTION by Mr. Gillmor and SECOND by Mayor McPartlan to approve Resolution No. R -13 -42 as amended. Roll Call: Ayes: McPartlan, Hill, Adams, Gillmor Nays: None Passed: 4 -0 Coy Absent. 13.181 C. Resolution No. R -13 -40 Parking -in -Lieu Agreement for 1550 Indian River Drive (Community Development Transmittal, R- 13 -40, Attached Aareement) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING PARTICIPATION IN THE PARKING IN LIEU OF PROGRAM, LIEN AGREEMENT AND COVENANT RUNNING WITH THE LAND, FOR ROBERT AND TINA MARIE GIAMBANCO FOR PROPERTY LOCATED AT 1550 INDIAN RIVER DRIVE, SEBASTIAN, FLORIDA; PROVIDING FOR TERMINATION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R -13 -40 by title. Mr. Griffin gave a brief background on the application from Mr. and Mrs. Giambanco who purchased the prior Sebastian Entertainment Center, and who are seeking a parking -in- lieu of agreement for eight parking credits in the amount of $25,600 financed over 10 years at about $450 per month starting January 1St MOTION by Mr. Hill and SECOND by Mr. Gillmor to approve Resolution No. R- 13 -40. In response to Mr. Adams, Mr. Griffin said the finance charge is set out in the ordinance adopted about three years ago, and that the Giambancos have agreed to the 3.5 %. In response to Mr. Gillmor, Mr. Griffin said if they paid cash or borrowed the money elsewhere there would be no finance charge, but they were comfortable doing it this way. Mr. Gillmor said this parking program points to the creativity of our City Manager and our interim City Manager. Mr. Griffin said this will add to our fund and we can create more public parking. Roll Call: Ayes: Hill, Adams, Gillmor, McPartlan Nays: None Passed: 4 -0 (Coy Absent) 13.010 D. Resolution No. R -13 -43 — Quarter Budget Amendment (Administrative Services Transmittal, R- 13 -43, Quarterly Financial Report Quarter Ended September 30, 2013 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2012 AND ENDING SEPTEMBER 30, 2013 AS PROVIDED FOR IN EXHIBIT "A "; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R -13 -43 by title. MOTION by Mr. Hill and SECOND by Mayor McPartlan to approve Resolution No. R- 13 -43. Roll Call: Ayes: Adams, Gillmor, McPartlan, Hill Nays: None Passed: 4 -0 (Coy Absent) 10 16 of 82 Regular City Council Meeting December 11, 2013 Page Eleven 13.117 E. Conlon '/a Round Contract Amendment (City Manager Transmittal, Conlon Pro osal The City Manager said we are in a contract with Conlon Landscaping for Quarter round installation and fifteen percent of the time he exceeds the eight foot cross section which was bid out, and recently it has occurred more frequently and he does not want to absorb the loss, so they met and mutually agreed and a proposal for those costs was provided, and does not exceed the budgeted amount for the contract. He said when the contract expires and is rebid, we will have two line items in the bid docs. He said the numbers are reasonable and mutually beneficial. MOTION by Mr. Gillmor and SECOND by Mr. Hill to approve staff's recommendation. In response to Mr. Hill, the City Manager said it rare that we get below the 8 foot sections, it goes wider at least 15% of the time and narrows up 2% of the time, and sometimes it can go up to 15 to 20 feet. Roll Call: Ayes: Gillmor, McPartlan, Hill, Adams Nays: None Passed: 4 -0 (Coy Absent) 13.032 F. Review /Approve Stormwater Master Plan — Frank Watanabe, Neel- Schaffer (City Manager Transmittal) The City Manager recapped the history of the development of the Stormwater Master Plan which was last presented by Mr. Watanabe in February, that the biggest concern Mr. Watanabe had was for the quarter round installation because though it has been successful with drainage, it does convey a little water, and he wanted to make sure we have retention areas to contain water and can continue. He said the quarter round report was included and does provide data that the water is not being conveyed too quickly. He said we are asking Council to finally adopt the updated Stormwater Master Plan and use it to guide us in stormwater management. He said if approved, Mr. Watanabe will take the plan to SJRWMD for their blessing and we will then have a Stormwater Master Plan with formal approval including quarter round. Frank Watanabe gave a PowerPoint presentation (see PP attached — the Stormwater Master Plan was not provided in the original agenda packet and is attached as distributed by email on December 6, 2013). He said this is mostly a validation of the plan from the 2004 to today, highlighted some of the projects completed in recent years, briefly described the function and testing of quarter round saying it does percolate and does not convey fast enough to cause a concern, noted an error in the presentation noting funding for the Tulip project is $186K and not $198K as stated. Mr. Gillmor asked if the old FDOT drainage pipes would pass muster today and Mr. Watanabe said in past discussions about outflow, FDOT had said that the pipe and right - of -way were not theirs and now because of the issues and discussions regarding the Washington outfall, they are forced to address openly and now FDOT is claiming it is their pipe and are getting more involved. Mr. Adams thanked him for his very detailed report and said he is learning a lot. He asked if we won't proceed with quarter round until we get SJRWMD approval. Mr. Watanabe said SJRWMD approved quarter round as an experimental project and we should have had more dialogue with them but studies show it has not conveyed a lot of 11 17 of 82 Regular City Council Meeting December 11, 2013 Page Twelve water and percolates down in swales, and they are welcome to review what we have, their role is to approve improvement projects, and he did not think they will say no but wish we had discussions earlier. The City Manager said we may not have had dialogue with SJRWMD, but there have been no violations, the City is ahead of the curve on drainage, it is self - policing, we are going back to SJRWMD, and it is good for the environment and the community. He said ultimately we will get all the quarter round in place but the question will be, how will we fund it. He said there is a 20 year plan to get it installed throughout the City broken into $.51M funding sections, so it will be based on funding and need, and will need $8M in funding. In response to Mr. Adams, the City Manager said there have been sections that have become dislodged and there will be routine maintenance costs, which has always been a problem for Sebastian. He provided information on how the quarter round idea was brought to the City by former Public Works Director, Terry Hill, who brought him to Port St. Lucie to see theirs. He described the issues they have dealt with since the inception of the quarter round program, and said we have a maintenance cleaning contract in place and will need to expand that contract going forward. In response to Mr. Adams, Mr. Watanabe described the nutrients that the new baffle boxes will collect including nitrogen and phosphates, noting the TDML grants require us to use those for the Presidential Streets project and said the life of the screening fabric in the boxes is five to six years. MOTION by Mr. Hill and SECOND by Mayor McPartlan to approve the Stormwater Master Plan. Roll Call: Ayes: McPartlan, Hill, Adams, Gillmor Nays: None Passed: 4 -0 (Coy Absent) 13.082 G. Discuss Workshop for Indian River Lagoon Workshop — Requested by Council Member Gillmor (Transmittal, Letter) This workshop had been scheduled for January 15th earlier in the meeting. 13.079 H. Presidential Streets — Tim Rose Contract The City Manager quoted Jim Nantz who said "At Long Last" in regard to golf and said the Presidential Street project is equivalent to that statement, the project went through hurdles, design, budget, shifting funds, waiting for grant funds and recently two issues have arisen, the Washington Street outfall and the Peden protest in regard to the outfall where it enters the lagoon at his property, but now an agreement has been reached with the property owner and based on Council approval which was given tonight, the City and FDOT will share costs to fix the problem in the amount of $7500. He said hurdle #2 is that the engineering estimate was under on the Presidential Streets project, noting Coolidge was an add -on, but the cost to do all four streets would be $1.31M and we have $795,702 available to us and our recommendation is to move forward, and not do Coolidge at this time in the amount of $370,000 and reprogram the funding for fiscal year 2015 with new monies that will come forward from CRA and DST, and move forward with Martin, Washington and Cleveland at this time, and delay slip - lining, and change out some specs on drainage pipe to plastic. 12 18 of 82 Regular City Council Meeting December 11, 2013 Page Thirteen He recommended authorizing him to execute the construction contract with Tim Rose Construction in the amount of $890,702, which will incorporate an allocation from the Cavcorp project in the amount of $277,782, which funding was never closed out, and an allocation of $95,000 from DST, and project contingency in the amount of $41,931. He noted all costs are outlined on page 83 of the revision packet (see page 83 attached to minutes) (the revised packet is found in Laserfiche with the original agenda packet) MOTION by Mr. Hill and SECOND by Mr. Adams to move staff recommendation. Mr. Hill asked if Tim Rose was the low bidder on Coolidge Street and the City Manager said they were the low bidder on all the project streets. Roll Call: Ayes: Hill, Adams, Gillmor, McPartlan Nays: None Passed: 4 -0 (Coy Absent) 13. CITY ATTORNEY MATTERS The City Attorney thanked Mr. Minner for an exceptionally good working environment, his ability to work with an administrator on a high level, and said the citizens have been well served since his arrival in 2005. 14. CITY MANAGER MATTERS 13.079 A. Presidential Streets Update (No Backup) Moved to New Business H. Updates The City Manager updated Council on a repair to the Creative Playground bridge and said it should be complete and open in two weeks. The City Manager reported on deteriorating condition of some of the wood walking surface on the pedestrian bridges, particularly near Hardee Park, due to the fact that it is not a high graded treated lumber and the inability to drain. He said they are in the process of engineering a solution such as support beams, and the bridges are currently safe, though unsightly. He said Mr. Griffin will get back to Council with a number. He closed by expressing his appreciation for working with Council and staff, that Council should be proud of their staff, and that he will miss them and Sebastian will remain in his heart. 15. CITY CLERK MATTERS The City Clerk wished Mr. Minner and his family good luck in Leesburg, said she knew long time City Clerk Betty Richardson would be there to help, and said she was amazed at his brilliant mind and what he brought to the Council, especially the financial issues and what he was able to do. 13 19 of 82 Regular City Council Meeting December 11, 2013 Page Fourteen 16. CITY COUNCIL MATTERS A. Council Member Gillmor Mr. Gillmor said Mr. Minner has done an excellent job in a tough environment, and we have him to thank for the excellent fiscal shape Sebastian is in, and wished that all his drives be straight. B. Council Member Adams 13.182 i. Letter Re: Sober Homes Regulations (Transmittal, Letter) Mr. Adams said as a member of the Florida League of Cities Policy Committee, he had received a copy of a report regarding sober homes regulations, and sought support of Council to draft a letter to the State urging the need for regulation, via Florida League of Cities which will send all letters together. Mr. Hill said he thought it was a great idea, but asked the City Attorney if this was a home rule issue. The City Attorney said he was not sure but it would depend on the way in which the State would undertake the regulation. He said with any luck they will do it through local government processes, and local government would have better ability to deal with it better than the State would. Mr. Hill said the fact that FLC is undertaking this would protect the home rule issue, because his concern if the State gets it, it could get to the place that the State would require us to allow this, noting this would be a zoning issue, and would support the letter. Mr. Gillmor said this was on the Legislative agenda last year, and did not make it, and he can see where unregulated, and someone has six or seven people living there could be problem if unregulated, and was for the letter. Mayor McPartlan said to the City Manager go ahead and draw up the letter. 13.183 ii. Discuss Conducting Ethics Seminar in Sebastian (No Backup) Mr. Adams said he would like us to conduct an ethics training in Sebastian, noting the Florida legislature recently required Constitutional officers to have training each year. He said he would prefer to do the training at City Hall and open to the public, perhaps conducted by FLC. Mr. Hill said he would be a lot more comfortable individually dealing with the issue through the City Attorney than in an open meeting, and said it is incumbent upon each individual to get training which is available on -line. Mr. Gillmor said every Council member has been to FLC IEMO and Advanced IEMO training and if we extend on -line training it would be more appropriate, and include committee members. The City Attorney said it would be appropriate for committee members to participate. Mayor McPartlan said he takes the on -line training every year and did not think we needed an open forum. 14 20 of 82 Regular City Council Meeting December 11, 2013 Page Fifteen Mr. Adams said at the last meeting we adopted a ban of sale of e- cigarettes to under 18, and was curious to know if merchants have to display them behind the counter and do they card individuals. The City Attorney responded they must be moved to not be readily accessible. Mr. Adams asked how they are displayed and said he saw a display out on a counter. The City Manager asked him to send him or Mr. Griffin an email and he would notify Code Enforcement to visit with a copy of the ordinance. Mr. Adams wished Mr. Minner well, said he hated to see him go, he had learned quite a bit, and it was a pleasure working with him. He wished him a Merry Christmas and Happy New Year. C. Council Member Coy A/V staff played a video from Ms. Coy expressing her wishes for Mr. Minner and his family in Leesburg, and her thanks to him for everything he did for Sebastian, and wishing everyone a happy holiday, Merry Christmas and Happy New Year. D. Vice Mayor Hill Mr. Hill thanked Mr. Minner for making Council look good, the City has been in really good hands, and the good that they have done is mostly due to his leadership, appreciated what he has done for our community, and wished everyone a Happy New Year, Merry Christmas and Happy Chanukah. E. Mavor McPartlan Mayor McPartlan said Mr. Minner was a terrific City Manager and great man, wished him and his family well in Leesburg, hoped he would come back and visit and let us know how he is doing. He said Christmas and spirit are alive based on the generosity shown last weekend in Sebastian, urged people to go to Riverview Park on Christmas Eve to see the Imani Choir, which will give you a feeling about what Christmas is and should be, the spirit is alive in Sebastian and he is proud to be a part of this community. 17. Being no further business, Mayor McPartlan adjourned the Regular Meeting at 9:06 p.m. Approved at the January 8, 2014 Regular Council Meeting. By: Bob McPartlan, Mayor Attest: Sally A. Maio, MMC, City Clerk 15 21 of 82 MY of HOME OF PELICAN ISLAND CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Award Bid to Playworx Playsets, Agenda No. 71b — i4- D0-7 LLC of Lake Mary, FL. to install playground at Schumann Park Department Origin: Finance Director: Approved for Submittal by: Interim City City Attorney: Manager City Clerk: Date Submitted: December 31, 2013 For Agenda of: January 8, 2014 Joe Griffin/ Exhibits: Bid Tabulation Sheet, Proposal Price Form and Drawings EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION $18,335.98 $25,000.00 REQUIRED: None SUMMARY Staff sent out Request for Proposals to install a new playground at Schumann Park. The playground will be located northeast of the existing pavilion. We received 3 Proposals. Playworx Playsets, LLC from Lake Mary, FL. submitted the low bid of $18,335.98. Playworx Playsets is a reputable Company that has installed Little Tykes playgrounds throughout the state. RECOMMENDED ACTION Move to award bid for installation of a new playground at Schumann Park to the low bidder Playworx Playsets, LLC from Lake Mary, FL. for $18,335.98. 22 of 82 1) 2) 3) BID RESULTS FOR SCHUMANN PLAYGROUND TUESDAY, DECEMBER 10, 2013 2:00 P.M. COWANYNAME Bliss Products & Services Lithia Springs, GA Advanced Recreational Concepts Melbourne, FL Playworks Lake Mary, FL TOTAL BID PRICE $19,878.00 $22,700.00 $18,335.98 23 of 82 RFP 13-16 SCHUMANN TENNIS PARK PLAYGOURND 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 conformity with the requirements of these documents, meeting or exceeding the specifications as set forth herein for the price(s) quoted below. The price(s) quoted is (are) inclusive of any Addenda which may be issued. By the signature below, the Vendor agrees that this 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 (10) consecutive calendar days notice by the City, and agrees to all the terms and conditions of all documents stated herein with the City of Sebastian for the below stipulated price which shall remain firm for sixty (60) days following bid opening date. PLAYGROUND PRICE INSTALLATION CHARGES TOTAL PRICE $ /5; �� 3 53�• $ 2-0M-2-5 $ 1 � , 395. g8 NOTE: VENDOR WARRANTS TOTAL DELIVERY, INSTALLATION AND COMPLETION TIME SHALL NAOT EXCEED CONSECUTIVE CALENDAR DAYS. "Y--- Ktzo w n- & i Aw Authorized Signature Printed Name ��.A� f / A tSeis' 1.1 Firm Name & Address �2�Id Ll 3 Date Signed 102'5 cp-4A A sv k 10-It-WO (Ae-C M*Hj rL 327 ik �Ct I d AIAL 546aES PW-4 t Title 32t - 6-e - -o6.4(; Phone Number 24 of 82 DRUG-FREE WORKPLACE FORM The undersigned Contractor, in accordance with Florida Statute 287.087 hereby certifies that �t�l.ML41-5c ftA -1 5C15 does: 1. 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) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug free workplace through implementation of Paragraph 1 through 5. As the person authorized to sign this statement, I certify that this firm complies fully with the above requirements. Date. 3 SigAature 25 of 82 PUBLIC ENTITY CRIlKES 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 287.132(3)(d), 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 287.017, 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 removed 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/Agreement 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. THE INCLUSION OF THE SWORN STATEMENT OR AFFIDAVIT SHALL BE SUBMITTED CONCURRENTLY WITH YOUR QUOTE OR BID DOCUMENTS. NQN- INCLUSION OF THIS DOCUMENT MAY NECESSITATE REJECTION OF YOUR QUOTE OR BID. 26 of 82 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 ADIVHNISTER OATHS. 1. This sworn statement is submitted with Bid, Proposal or Agreement No. 13-1(0 for THE CITY OF SEBASTIAN. 2. This swoKA-, statement is submitted by 5t-T S PL,A,j ,JC Qf sworn statement) whose business 702 /.�4(,k Sa,1-;0 1a,I *-3 I\ tA40- FL- 32 ?-, its Federal Employer Identification (FEIN) is y-7 - 05q 6j 47 no FEIN, include the Social Security Number of the individu statement: .) 3. My name is 015 .�zwiA S individual signing) and my relationship to the entity �-�ltoti{�ttr S�c.ES f W of entity submitting address is _ and (if applicable) (If the entity has a signing this sworn (please print name of 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. 5. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 6. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes. means: (1) A predecessor or successor of a person convicted of a public entity crime; or (2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. 27 of 82 The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes . means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding Agreement and which bids or applies to bid on Agreements for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) ie v Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND (Please indicate which additional statement applies.) There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by or pending with the Department of General Services.) 28 of 82 (Signature) Date:— i -Z- '(° 1 )3 STATE OF FLORIDA COUNTY OF SCE The foregoing instrument was acknowledged before me this /0 day of 4 "IlzA_ -- 2013 by (C'� �� S,.�c S (title) on behalf of PMjw DA PZ4!i�. (name of partnership), a partnership. He /she is personally known to me or has produced J-2— u66Wir- as identification and did ( ) did not () take an oath. NOTARY PUBLIC -STATE OF FLORIDA " Ramona Susan Halpenny . Commission # EE026847 s, ' Expires: SEP. 22, 2014 Name:I&W I 4 2Ll /J2i �d��L�zr1� .•. BONDED THRU ATLMnC BONDING CO, INC My Commission Expires: - ,7 _;Ay Commission Number: _E C v o"t!o �? 29 of 82 ' CERTIFICATE OF PRODUCER COOPER INSURANCE SERVICE PO Box 638 Lapel, IN 46051 (765)534 -3152 ISURED PLAYWORX PLAYSETS, LLC VM1Ck- W!1IT) LIABILITY INSURANCE 1 3/26/2013 THIS CERTIFICATE IS ISSUEDAS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 2550 SANDY PLAINS ROAD, STE 225 NO. 348 MARIETTA, GA 30062 COVERAGES INSURERS AFFORDING COVERAGE I NAIC # INSURER A WESTERN HERITAGE INSURANCE INSURER B: INSURER C: INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHE 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 SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR DL S D TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MWDD/YYYY POLICY EXPIRATION DATE MMIDD LIMITS GENERAL LIABILITY EACH OCCURRENCE $ PREMISES (Ea oca r/rence) $ 100,000 COMMERCIAL GENERAL LIABILITY CLAIMSMADE FX] OCCUR MED EXP(Anyoneperson) $ PERSONAL & ADV INJURY $ A SCP0665754 -069 7/03/12 7/03/13 GENERAL AGGREGATE $ 2,000,000 GEWL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ PRO POLICY LOC AUTOMOBILE LIABILITY ANYAUTO COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (per person) $ ALLOWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON-OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EAACC $ ANYAUTO $ AUTO ONLY: AGG EXCESS/ UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTN'ER/EXECUTIVE WC STATU- OTH- TORY LIMITS ER EL EACH ACCIDENT $ OFFICEWMEMBER EXCLUDED? (Mandatory In NH) ❑ EL DISEASE - EA EMPLOYEE $ If yes, describe under SPECIAL PROVISIONS below E.L DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS ILOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT /SFhrAALPKUVI51UN5 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION SAMPLE DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 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 REPRESENTATIVES. - AUTHORIZED REPRESENTATIVE 4CORD25 (2009/01) © 1988 -209WW The ACORD name and logo are registered marks of ACORD reserved. �" V Ic !kt!¢tfk¢s e� 7G � Playgrounds Fun 8 Easy! Project: Schumann Park Playground Project No. LP844_41612922014 1 Drawn: 2013 -T2.08 _ Presented By: ENGINEERING INTENT ilia Don Howard Playworx Playsets (770) 235 -2770 This play equipment complies with the safety performance specifications of ASTM for children 5-12 years old. Not all equipment may be appropriate for all children. Supervision is required. 7] l �o� ®EMB ER MEMBER PlayP 82ower LT Farminggton, Inc. 0.3 8025 -88 www.ltcps.corn 32 of 82 Kusm / w w �U JE- co Cl) og a N O M 33 of 82 CD W ZO =)g -1 WO }} w zw •• WJ2 V d0 � �o <J O . (9m Cfl Y U w aU) OP CD Y!A CD W ' ' M , •' d Kusm / w w �U JE- co Cl) og a N O M 33 of 82 ..,-. .� AGENDA TRANSMITTAL Subject: Forfeiture Fund distributions Agenda No. -7 0,— 1 ` . 0 U Department Origin: Polio De Approved for bmittal by: City Manager Administrative S i City Attorney: City Clerk: Joseph Griffin,., Date Submitted: 12/23/13 For Agenda of: 12/08/13 Exhibits: Memo to Chief, Glock and Law Enforcement Supply Quotes. EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION $6,760.00- 40 Glock model 20's REQUIRED: $1 1 093.00 $1,018.00- 40 DBL Mag Pouches $0.00 $3,280.00- 40 Safariland holsters SUMMARY The Sebastian Police Department is requesting authorization to replace /upgrade their department issued sidearm's in an effort to eliminate weapon malfunctions and improve officer safety /accuracy. RECOMMENDED ACTION Approve the expenditures of Forfeiture Funds in the amounts of $6,760.00 to B &H Police Supply and $4,333.00 to Law Enforcement Supply. 34 of 82 Sebastian Police Department 1201 Main Street Sebastian, Florida, 32958 772- 589 -5233 Fax 772- 589 -2207 e-mail gwitVkityofsebastian.org Gregory Witt, Deputy Chief DATE : September 23rd, 2013 TO : Chief J. Michelle Morris ll FROM : D/C Gregory A. Witt REF : Department Issued weapons As you are aware the agency firearms staff has been reviewing firearms issues and malfunctions in an effort to resolve weapon related problems we have been experiencing during training. The problems we have been experiencing consist of: ➢ Magazine Malfunctions ➢ Miss Feeds /Double Feeds ➢ Accuracy of Officers It is your staff's position that the first two problems are occurring due to the length of service of the weapons, and the accuracy issues are a result of the design of the gun. Our current issue weapon is a Glock model 22, gen 3, which is a large frame handgun, and not conducive to officers with small hands. It is also your staff's position that all three problems can be rectified by replacing/ upgrading our weapons. Your staff recently conducted research and testing on the Glock model 20, gen 4, 10mm, the Glock model 21, gen 4, .45ca1, and the Glock model 37, gen 4, .45gap. The gen 4's have received several upgrades in relation to the previous generation, which include the following: ➢ A wider selection of grip dimensions (small, medium, and large) allowing for customization for officers ergonomics. ➢ A pair of nested recoil springs as opposed to the single - spring system in the gen 3's. This gives the firearm a longer life thereby improving 35 of 82 • _ survivability and reliability. This upgrade also softens felt recoil making the gun more comfortable to use and allowing officers to stay on target for follow -up shots. ➢ The external extractor has been redesigned to allow for a small gap between the extractor and the frame. This would theoretically allow the officer to confirm that a round is chambered without having to rack the slide to the rear. ➢ An upgraded trigger design (via a new trigger connector called the Dot connector) allows for smoother /crisper trigger pull resulting in improved shooter accuracy. The aforementioned weapons were tested and evaluated by your firearms training staff and numerous officers who elected to participate in the process. The Glock model 20, gen 4, 10mm was overwhelmingly selected as the weapon of choice. Your staff also conducted research on the 10mm round as opposed to the .40ca1, .45ca1, and the .45gap. The following differences were noted between the ammunitions: ➢ The 10mm round allows for slightly better penetration. ➢ ThelOmm round produces slightly more recoil than the other calibers; however, this is mitigated via the nested recoil springs which is standard in the Glock model 20 gen 4. Through our department testing it showed that the Glock model 20, gen 4 actually produces less felt recoil than the other models. ➢ The 10mm round delivers more energy on target than the other calibers which translates to better stopping power. ➢ The 10mm round travels at a higher velocity providing for a flatter trajectory and superior reliability at greater distances. It should also be noted that the Glock model 20, gen 4 has a higher magazine capacity than the Glock models 21 and 37. It is your firearm training staff's recommendation that we upgrade our existing issued weapons to the Glock generation 4, model 20, 10mm. 36 of 82 B &H POLICE SUPPLY Alicia L 245 East Merritt Island Cswy 321 - 452 -4640 (Storefront) Merritt Island, FL 32952 sales @bhpolicesupply.com www.bhpolicesuppty.com SEBASTIAN POLICE DEPARTMENT Contact gwitt@cityofsebastian.org Product Code Description GL20GNS GLOCK 20, #PN20507, 10MM, 4.6 °, TENNIFER, CLOCK NIGHT SIGHTS, 2 MAGS POLICETRADE CLOCK 22 GEN 3, .40S &W, WORKING TRUICON N.S., 3 MAGAZINES, 90% DELIVERY ALL MANUFACTURERS ARE EXPERIENCING HEAVY BACKORDERS AND LONGER DELIVERY TIMES. IF ITEMS ARE NEEDED BY A CERTAIN DATE IT MUST BE LISTED ON THE PURCHASE ORDER SO THAT IT CAN BE RELAYED TO THE FACTORY AT THE TIME OF ORDER. SHIP FREE FACTORY DROP SHIPPING ON NEW GUNS Notes R* PLEASE NOTE ALL PURCHASE ORDERS MUST BE MADE TO B&H POLICE SUPPLY. THANK YOU! Page 1 Signature Q -1734 IMEN Created 9/24/2013 Modified 9/2412013 Valid for 30 days PO: Shipping: None Shipping Address Same As Billing Address Sell Qty — - Total 5469.00 40 $18760 00 S- 300.00 40 S- 12000.00 SO.00 1 $0.00 I $0.00 1 SO.00 Total Qry 82 {i I Subtotal $6760.00 Total $6760.00 37 of 82 Greg Witt From: Alex Sgambato [AlexS @chiefsupply.com] Sent: Wednesday, September 25, 2013 10:34 AM To: Alex Sgambato Subject: Chief & Law Enforcement Supply Your Quote# 660098 Quote Date 05/03/13 Your account rep is: ROBERT WINDESHEIM Order taken by : Alex Sgambato Account# 304212 CITY OF SEBASTIAN ACCOUNTS PAYABLE 1201 MAIN ST SEBASTIAN, FL 329584165 Order Quote Time Ship -to 0 CITY OF SEBASTIAN DEPUTY CHIEF GREG WITT 1201 MAIN ST SEBASTIAN, FL 329584165 Page 1 of 2 Remit To: Chief Supply PO Box 602763 Charlotte, NC 28260 -2763 P 800.733.9281 F 704.548.0399 www.chiefiupply.com Contract: None Ship via PREPAID 8t ADD UPS GROUND from CHARLOTTE, NC warehouse. PartNo Description UM QtyOrd UnitPrc Extension SF77- 383 -48HS —77 DBL MAG POUCH CLOSED TOP STX EA 40 25.450 1,018.00 BASKETWEAVE HIDDEN SNAP GLOCK 20 21 XSPSPCL 44EOI3BK -R - Epoch L3 Molded Light Bearing Duty EA 40 82.000 3,280.00 Sub Total 4,298.00 Freight 35.00 Handling Tax Total 4333.00 WE ARE AN EQUAL OPPORTUNITY EMPLOYER. THANK YOU FOR YOUR CONTINUED BUSINESS. THIS QUOTE IS AUTHORIZED BY ROBERT WINDESHEIM Quote good for 30 days from issuance. After 30 days please call your representative to confirm pricing and re -issue the quote. Standard freight charges apply unless otherwise specified. I understand that any returns are subject to the return policies of the manufacturer (up to a 50% restocking charge) plus shipping and handling fees. I acknowledge that all items that are customized to a customer's specifications (includes but is not limited to badges, gun racks, embroidery, screen printing, heat press, and helmet fronts) cannot be returned unless 9/25/2013 38 of 82 Page 2 of 2 it is the vendor's error. All customized items are required to be approved by the customer for accuracy prior to the order being submitted to the manufacturer. My written or electronic approval of this order as presented here confirms that I accept these terms and agree to pay all fees attributed to any error on my part. I confirm that I am an authorized purchaser and commit to forward any invoice for prompt payment processing. I understand that terms of payment are NET -30. x This email message is for the sole use of the intended recipient and may contain proprietary and confidential information. Any unauthorized review, use, disclosure or distribution of its contents or other information is prohibited. If you are not an intended recipient, please contact the sender and destroy all copies of the original message. No virus found in this message. Checked by AVG - www.av-g.com Version: 2014.0.4117 / Virus Database: 3604/6695 - Release Date: 09/24/13 9/25/2013 39 of 82 MY OF Zw l+ ^� HOME OF PELICAN ISLAND AGENDA TRANSMITTAL Subject: Forfeiture Fund distributions Agenda No. -7b -- f •00 Department Origin: Police Dept. Approved for Submittal by: City Manager Administrative Se City Attorney: City Clerk: Joseph Griffin nterim) Date Submitted: 12/31/13 For Agenda of. 01/08/14 Exhibits: Invoice EXPENDITURE REQUIRED: AMOUNT BUDGETED: N/A APPROPRIATION $11,000.00 REQUIRED: $11,000.00 SUMMARY The Sebastian Police Department is changing Records Management and Computer Aided Dispatch Systems in February; with our current network upgrade we will not be up to the requirement for a few years to support the new system. Purchasing an appliance will enable us to go live beginning February 1, 2014. Florida Statute 932.7055 (5) (b) requires the approval of the local governing body and a certification from the chief of police to expend these funds. RECOMMENDED ACTION Approve the expenditures of Forfeiture Funds in the amount of $11,000.00 to Intelligent Solutions for a Capers Appliance. 40 of 82 eQuote - CAPERS Appliance • 1000 Intelligent Solutions Quote Prepared For Michelle Morris Sebastian Police Department 1201 Main St Sebastian, FL 32958 United States Phone: 772-589-5233 mmorris@cityofsebastian.org Page 1 of 1 eQuote eQuote Number: 542 Payment Terms: Expiration Date:01 /27/2014 Quote Prepared By Reed Konnerth Intelligent Solutions 9930 W. 190th St., Suite L Mokena, Illinois 60448 United States Phone:708- 995 -7503 Fax:708 -479 -6546 rkonnerth@intelligentsolutions.net rrEM# QUANTrry I ITEM NAME ! UNIT PRICE ; EXTENDED PRICE One -Time Items 1) 1 CAPERS Appliance $11,000.00 $11,000.00 CAPERS Appliance for deployment.The CAPERS Appliance includes all necessary equipment to run the CAPERS software effectively. The Appliance includes remote monitoring of the health of the appliance. The appliance will also maintain CJIS level security Comment: Authorizing Signature Date One - Tiime SubTotal $11,000.00 Total $11,000.00 Interest Charges on Past Due Accounts and Collection Costs Overdue amounts shall be subject to a monthly finance charge. In addition, customer shall reimburse all costs and expenses for attorney's fees incurred in collecting any amounts past due. Additional training or Professional Services can be provided at our standard rates. 41 of 82 https: / /ww5. autotask.net/opportunity /quotes /viewquote. asp ?ci = 501944 &equoteid = 9593 7... 12/27/2013 AGENDA TRANSMITTAL Subject: FFY 2013 Edward Byrne Agenda No. % G ' 1`{ - D 10 Memorial Justice Assistance Grant (JAG) Department Origin: Polic De Administrative Se c Approved for Submittal by: City Manager City Attorney: City Clerk: Date Submitted: 12/31/13 Joseph Gri (interim) For Agenda of: 01/08/14 Exhibits: Grant Letter and Application EXPENDITURE REQUIRED: AMOUNT BUDGETED: N/A APPROPRIATION N/A REQUIRED: N/A SUMMARY On November 12, 2013 we received notice of grant funds available to the Sebastian Police Department as part of the Florida Department of Law Enforcement (FDLE) United States Department of Justice (USDOJ) for FY 2013 JAG funds. FDLE has allocated $3,878 from this award for our agency, in accordance with the Florida JAG Direct distribution provision of Chapter I l D -9, Florida Administrative Code. Application was submitted prior to the December 20, 2013 deadline. There are no agency costs associated with this grant. The police department chose to purchase two computer based programs for the 911 center, one is an instructional flip chart and the other a skills assessment for new hires. RECOMMENDED ACTION Move to approve the application process for the 2013 Edward Byrne Memorial Justice Assistance Grant (JAG) in the amount of $3,878.00. 42 of 82 Florida Department of Business Support Rick Scott, Governor Law Enforcement Office of Criminal Justice Grants Pam Bondi, Attorney General Post Office Box 1489 Jeff Atwater, Chief Financial Officer Gerald M. Bailey Tallahassee, FL 32302 -1489 Adam Putnam, Commissioner ofAgriculture Commissioner (850) 617 -1250 www.fdle.state.fl.us October 30, 2013 The Honorable Bob McPartlan Mayor City of Sebastian 1225 Main Street Sebastian, FL 32958 Re: Federal Fiscal Year (FFY) 2013 Edward Byrne Memorial Justice Assistance Grant (JAG) Program — Florida JAG Direct Dear Mayor McPartlan: The Florida Department of Law Enforcement (FDLE) has received an award from the United States Department of Justice (USDOJ) for FFY 2013 JAG funds. These grant funds are distributed to units of local government based on local crime statistics reported to FDLE. FDLE has allocated $ 3,878.00 from this award for use by your agency, in accordance with the Florida JAG Direct distribution provision of Chapter 11 D -9, Florida Administrative Code. Please note these funds require quarterly performance reporting along with monthly or quarterly expenditure reporting. Specific program requirements for these JAG funds and general instructions regarding the application process and a list of federal purpose areas can be found at hfti): / /www.fdle. state. fl.us /Content/grants /iacid.asi)x. Applications that do not comply with the instructions or do not include all required information will be returned for inclusion of the missing information or will have a special condition withholding funds placed on the grant at the time of award. Recipients must apply on -line using FDLE's grant management system, Subgrant Information Management On -Line (SIMON). Simon can be accessed at hftp: / /simon.fdle.state.fl.us. The Project Start and End Dates in the on -line application should reflect the period February 1, 2014 through June 30, 2014. Application completion will require an "Announcement Code" which is a security feature allowing access to the application. The Announcement Code is JAGD1314. Note that this Code will be activated on October 28, 2013. Application completion will not be possible without the announcement code. A user manual and video tutorial are available online. to assist with completing this application. The deadline for this on -line submission is Tuesday, December 3, 2013 at 5:00 p.m. at which time the announcement code will be deactivated. Service - Integrity o Respect - Quality 43 of 82 Mayor Bob McPartlan October 30, 2013 Page Two In addition to the on -line submission, recipients must print out the completed application and required certifications and submit two hard copies (with original signatures) to: Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, FL 32308 The deadline for this hard copy submission is Friday, December 20, 2013. The Department does not discriminate, and prohibits subgrant recipients from discriminating, on the basis of race, color, religion, national origin, sex, disability, or age in the delivery of services or benefits or in employment. I would also like to notify you of significant changes occurring within FDLE's Office of Criminal Justice Grants (OCJG). As you may be aware, Mr. Clayton Wilder recently retired as Administrator of OCJG after 43 years of dedicated service to the State of Florida. OCJG has also recently filled additional key vacancies due to other member retirements and promotions. We appreciate your understanding and patience as we complete this transition, and look forward to working with you to complete awarded projects with Byrne /JAG federal funding. Please contact me or Planning Manager Annamarie Whatley at (850) 617 -1250 if you have any questions or we can be of further assistance. Sincerely, Petrina Tuttle Herring Administrator PTH /as cc: Local Law Enforcement Agency 44 of 82 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - Direct Subgrant Recipient Organization Name: City of Sebastian County: Indian River Chief Official Name: Bob McPartlan Title: Mayor Address: 1225 Main Street City: Sebastian State: FL Zip: 32958 Phone: 772 -453 -8540 Ext: Fax: 772 - 589 -5570 Email: bmcpartian @cityofsebastian.org Chief Financial Officer Name: Ken Killgore Title: Finance Director Address: 1225 Main Street City: Sebastian State: FL Zip: 32958 Phone: 772 -388 -8205 Ext: Fax: 772 - 589 -5570 Email: kkiligore @cityofsebastian.org Application Ref # 2014 -JAGD -1510 Section #1 Page 1 of 2 Contract. - JAGD -INRI- - - Rule Reference 11 D -9.006 OCJG -005 (rev. April 2005) 45 of 82 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - Direct Implementing Agency Organization Name: City of Sebastian Police Department County: Indian River Chief Official Name: Michelle Morris Title: Chief of Police Address: 1201 Main Street City: Sebastian State: FL Zip: 32958 -4165 Phone: 772- 388 -9750 Ext: Fax: 772 -388 -1872 Email: mmorris @cityofsebastian.org Project Director Name: Debra Krueger Title: Administrative Services Manager Address: 1225 Main Street City: Sebastian State: FL Zip: 32958 Phone: 772- 388 -8202 Ext: Fax: 772 - 388 -8249 Email: dkrueger @cityofsebastian.org Application Ref # 2014 -JAGD -1510 Section #1 Page 2 of 2 Contract - JAGD -INRI- - - Rule Reference 11 D -9.006 OCJG -005 (rev. April 2005) 46 of 82 Application for Funding Assistance Florida Department of Law Enforcement ,Justice Assistance Grant - Direct General Project Information Project Title: PURCHASE LAW ENFORCEMENT EQUIPMENT Subgrant Recipient: City of Sebastian Implementing Agency: City of Sebastian Police Department Project Start Date: 2/1/2014 End Date: 6/30/2014 Problem Identification The Sebastian Police Department has had a high turnover rate in the 911 communication center for several years, 7 of the 10 positions have been with the agency less than 1 year. A large problem has been with hiring individuals who were not able to pass the rigorous training needed for this critical position. We are wanting to purchase CritiCall, a program used to rate potential 911 operators by testing the skill set required for this position. Purchasing CritiCall will enable the agency to only consider those applicants with the skills needed to be a successful employee. The Sebastian Police Department is wanting to purchase an APCO (Association of Public- Safety Communications Officials) flip charts designed to assist 911 operators with in progress calls received to better prepare the officers arriving and to keep the public safe. Currently there is a book operators are utilizing, costing extra time. Purchasing the flip chart will enable the operators to quickly flip to the desired event and respond more efficiently. Project Summary (Scope of Work) Purchasing CritiCall will provide a computer based skill assessment of applicants and will allow the agency to hire those most qualified and prevent the excessive costs associated with the current testing and hiring process. Purchasing the APCO (Association of Public- Safety Communications Officials)Flip Chart and Training manual will save the 911 operators time in emergency situations where seconds count. The Flip Chart is easy to use and readily accessible. Both of these items will enhance the 911 operations center and provide the Sebastian Community with the best possible employees and services. Application Ref # 2014 - JAGD -1510 Section #2 Page 1. of 2 Contract - JAGD -INRI- - - Rule Reference 11D -9.006 OCJG -005 (rev. April 2005) 47 of 82 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - Direct e °' e Section Questions: Question: Does the Subgrantee receive a single grant in the amount of $500,000 or more from the U.S. Department of Justice? Answer: No Question: Does the Implementing Agency receive a single grant in the amount of $500,000 or more from the U.S. Department of Justice? Answer: No Question: Part 1: In your business or organization's preceding completed fiscal year, did your business or organization (the subgrantee) receive (1) 80 percent or more of your annual gross revenues in U.S. federal contracts, subcontracts, loans, grants, subgrants, and /or cooperative agreements, and (2) $25,000,000 or more in annual gross revenues from U.S. federal contracts, subcontracts, loans, grants, subgrants, and /or cooperative agreements? If yes, answer "yes" or "no" to Part 2, below. Answer: No Question: Part 2: Does the public have access to information about the compensation of the executives in your business or organization (the subgrantee) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986? If answer to Part 1, above, was "no," answer N /A. Answer: N/A Application Ref # Contract 2014 -JAGD -1510 - JAGD -INRI- - - Rule Reference 11 D -9.006 OCJG -005 (rev. April 2005) Section #2 Page 2 of 2 48 of 82 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - Direct General Performance info: Performance Reporting Frequency: Quarterly Federal Purpose Area: 006 - Planning, Evaluation & Technology Improve. Progs. State Purpose Area: E - Equipment Purchases and /or Technology Investments: Includes activities where equipment purchases or technology investments were made that improve efficiency and /or cost savings. Activity Description Activity: Equipment Purchases and /or Technology Investments Target Group: Equipment Purchases and /or Technology Investments Geographic Area: Rural Location Type: Police Department Address(es) : Sebastian Police Department 1201 Main Street Sebastian, FL 32958 Objectives and Measures Objective: E1 - Report on JAG funding allocated for equipment and /or technology investments Measure: Part 1 How much JAG funding has been allocated for equipment purchases and /or technology investments? Please report in dollars ($). Goal: $3878.00 Objective: E2 - Make equipment purchases and /or technology investments Measure: Part 4 What types of equipment purchases and/or technology investments will be made with JAG funds? Goal: Purchase of CritiCall, a computer program used to test skills for potential 911 operators. Purchase APCO Flip Chart to enhance 911 operators response to callers. Application Ref # 2014 -JAGD -1510 Section #3 Page 1 of 2 Contract - JAGD -INRI- - - Rule Reference 11D -9.006 OCJG -005 (rev. April 2005) 49 of 82 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - Direct Section Questions: Question: If "other" was selected for the geographic area, please describe. Answer: N/A Question: If `other" was selected for location type, please describe. Answer: N/A Application Ref # 2014- JAGD -1510 Section #3 Page 2 of 2 Contract - JAGD -INRI- - - Rule Reference 11 D -9.006 OCJG -005 (rev. April 2005)' 50 of 82 Application for Funding Assistance Note: All financial remittances will be sent to the Chief Financial Officer of the Subgrantee Organization. Financial Reporting Frequency for this Subgrant: Quarterly Is the subgrantee a state agency ?: No FLAIR / Vendor Number: 596000427 Budget: Budget Category Federal Match Total Salaries and Benefits $0.00 $0.00 $0.00 Contractual Services $0.00 $0.00 $0.00 Expenses $3,878.00 $0.00 $3,878.00 Operating Capital $0.00 $0.00 $0.00 Outlay Indirect Costs $0.00 $0.00 $0.00 -- Totals -- $3,878.00 $0.00 $3,878.00 Percentage 100.0 0.0 100.0 Project Generated Income: Will the project earn project generated income (PGI) ? No Application Ref # 2014 - JAGD -1510 Section #4 Page 1 of 3' Contract - JAGD -INRI- - - Rule Reference 11 D -9.006 OCJG -005 (rev. April 2005) 51 of 82 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - Direct Budget Narrative: Purchase of CritiCal $3495 plus $20.00 shipping Purchase of APCO Flip Chart $345.00 plus $24.15 shipping Total expenses- $3878. Application Ref # 2014 - JAGD -1510 Section #4 Page 2 of 3 Contract - JAGD -INRI- - - Rule Reference i 1 D -9.006 OCJG -005 (rev. April 2005) 52 of 82 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - Direct Section Questions: Question: If salaries and benefits are included in the budget as actual costs for staff in the implementing agency, is there a net personnel increase, or a continued net personnel increase from the previous Byrne program? Answer: N/A Question: If benefits are to be included, are they reflected in the budget narrative? Answer: N/A Question: Indicate the Operating Capital Outlay threshold established by the subgrantee or implementing agency, if it is the sheriffs office. Answer: N/A Question: If indirect cost is included in the budget, indicate the basis for the plan (e.g. percent of salaries and benefits), and provide documentation of the appropriate approval of this plan. Answer: N/A Question: If the budget includes services based on unit costs, provide a definition and cost for each service as part of the budget narrative for contractual services. Include the basis for the unit costs and how recently the basis was established or updated. Answer: N/A Application Ref # Contract 2014 -JAGD -1510 Mr e] t►t:�M Rule Reference 11D -9.006 OCJG -005 (rev. April 2005) Section #4 Page 3 of 3- 53 of 82 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - Direct Insert Standard Conditions Page here. Application Ref ff 2014 - JAGD -1510 Section #5 Page 1 of I Contract - JAGD- INRI - -- Rule Reference 11 D -9.006 OCJG -005 (rev. April 2005) 54 of 82 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - Direct In witness whereof, the parties affirm they each have read and agree to the conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duty authorized officers on the date, month and year set out below. Corrections on this page, including Strikeovers, whiteout, etc. are not acceptable. Signature: Typed Name and Title: Date: Typed Name of Subgragj Recipient: C,i tv of Sebastian Signature: Typed Name and Title: Bob McPartlan, Mayor Date: 12 -11 -13 Typed Name of Implementing Agency: it-V r)f Sebastian Police Department Signature: Typed Nta a and ) J. Michelle Morris, Chief of Police Date: 12 -11 -13 Application Ref # 2014 -JAGD -1510 Section #6 Page 1 of Y Contract - JAGD -INRI- - - Rufe Reference 110 -9.006 OCJG -005 (rev. April 2005) 55 of 82 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - Direct Insert Certifications and Authorizations here. Application Ref # 2014 -JAGD -1510 Section #7 Page 1 of 1 Contract - JAGD -INRI- - - Rule Reference I ID -9.006 OCJG -005 (rev. April 2005) 56 of 82 -��•r_ -� .•:ate 1 1 � Citv of Sebastian. Florida Subject: Approval to Accept Insurance Agenda No. 7 F - y Settlement Offer and Auction Totaled Police Vehicle. Approved fo by: Department Origin: Administrative Services ubLnittal City Attorney: A�A Joe Gri m, Interim City Manager City Clerk: Date Submitted: December 31, 2013 For Agenda of: January 8, 2014 EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: REQUIRED: N/A N/A To be determined SUMMARY A City of Sebastian Police Officer was pursuing a speeding motorist on December 11, 2013 and lost control of the police vehicle. This resulted in a collision with a tree and major damage to the vehicle, which is a 2005 Ford Crown Victor. The insurance adjuster has inspected the vehicle and deemed it to be a total loss. The City insures our vehicles with Florida Municipal Insurance Trust and carries a $1,000 collision deductible. They have offered two options for the City to consider. One is to sign the wrecked vehicle over to them and recover the actual cash value of the vehicle of $5,550.83, less the deductible and receive $4,550.83. The other is to have them deduct an additional $527 representing the highest salvage value, so that we keep the wrecked vehicle for parts and receive $4,023.83. Staff recommends that we accept the settlement offer of $4,023.83 and keep the wrecked vehicle for parts. We believe we will recover the $527 difference by using some parts and later auctioning the rest of the unit. In accordance with City Code Section 2 -93 (a), we are required to receive City Council approval prior to the disposition of assets valued over $4,000. RECOMMENDATION Accept the settlement offer of $4,023.83 on the wrecked Police vehicle from the Florida Municipal Insurance Trust and approve the sale of the wrecked vehicle by auction. 58 of 82 Page 1 of 1 Kenneth Killgore From: Gregory Schmidt Sent: Monday, December 23, 2013 1:57 PM To: Kenneth Killgore Subject: FW: VA2013076627 DOA 11/30/2013'2005 Crown Vic VIN 141812 Attachments: VA2013076627 950 - 312 -0063 City of Sebastian.pdf I would recommend to take the Parts only option — check for $4,023.83. The wrecked unit can be sold later for parts to recover the $527 salvage cost. From: Kenneth Killgore Sent: Monday, December 16, 2013 11:10 AM To: Gregory Schmidt Subject: FW: VA2013076627 DOA 11/30/2013 *2005 Crown Vic VIN 141812 From: Tara Bonilla [mail to:TBonilla @flcities.com] Sent: Monday, December 16, 2013 11:07 AM To: Kenneth Killgore Subject: VA2013076627 DOA 11/30/2013 *2005 Crown Vic VIN 141812 Hi Kenneth, PDA has inspected the above vehicle and has deemed it to be a total loss. We are prepared to offer you ACV (actual cash value) of the vehicle * $5550.83 less the city's elected $1000 collision deductible = $4550.83. If you wish to retain the vehicle for PARTS ONLY, we will deduct an additional $527.00 (representing the highest salvage value) from the ACV; therefore a check in the amount of $4023.83 will be issued. Whichever offer is accepted, please sign the Original Title on the front, lower left -hand corner where it is printed Signature of Seller or Seller Signature. The vehicle's Original Title then needs to be sent to my attention. Please let me know which offer you decide on. If you would like us to retain salvage, please let us know the location of the vehicle and the contact person so that we may pick it up. Please note: The vehicle cannot be placed on the road or registrar. Do not coordinate any sales with the total loss vehicle. It is very important that the vehicle stay in your possession until a Certificate of Destruction is obtained and forward to your attention, as required by Florida State Law. Please let me know if you have any questions. 'Para Bonilla, AINS, AIC Claims Representative I TBonilla a.ticities.com Direct Phone: 407.367.1761 Fax: 800.707.7656 PO Box 538135 Orlando, FL 32853 www.flcities.com 59 of 82 12/23/2013 DIVISION 1. GENERALLY Sec. 2 -92. Reserved. Editor's notc — Page 2 of 2 Ord. No. 0- 06 -01, § 3, adopted Feb. 22, 2006, repealed 4 2 -92, which pertained to competitive sealed bids over $5,000.00 and derived from Code 1980, § 2 -64; Ord. No. 0- 91 -16, §§ 1, 2, adopted June 12, 1991 and Ord. No. 0- 96 -10, § 4, adopted July 24, 1996. Sec. 2 -93. Sale, exchange or abandonment of city property. .. (a) Personal, property. If, upon recommendation of the. respective department head, the city manager has determined that personal property owned by the city is no longer needed or is obsolete, the property,may. be sold bybid.or by auction. Notice of sale shall.be,published once in a newspaper of-general circulation in the city. The city manager shall establish a price, or determine sale by auction; however, if the depreciated value of any personal property is in excess of $4,000.00, approval of the city council is required prior to such sale. (b) Real property. When the city council has determined that any real property which is owned by the city should be sold it is no longer needed for city purposes, such property may be sold by bid or by auction with reserve. Notice of sale shall be published once a week for at least two weeks in a newspaper of general circulation in the city calling for bids and specifying the terms of purchase, including the minimum price, if any. If a suitable offer to purchase is not received, the city may terminate the sale procedure and may reinitiate such procedures if desired. (c) Exchange of real property. When the city council finds it is in the public interest to exchange real property owned by the city for other real property needed to fulfill a city purpose, the city council shall adopt an ordinance authorizing the exchange on such terms and conditions as the city finds is in the public interest. (d) Abandonment of interest in real property. The city may abandon any city -held easement or city interest in real property by adopting an ordinance declaring the interest abandoned. In the case of a utility or drainage easements, or an easement located on the rear lot line or side lot line of a lot located in a platted subdivision the abandonment may be by adopting a resolution to abandon such easements. (e) Bidding procedures. The bidding procedures set forth in section 2 -92, for purchasing items shall apply to subsections (a) and (b) of this section if the item is offered for sale by bid. (Code 19 SO § 2 -65. Cr;;. No 7 95 26 § 1, 12.6 -95) State law reference — hi,'einate proced;rre for pwchase of propeny, F7 S. § 166.045 Secs. 2 -94 -2 -105. Reserved. .. 60 of 82 http: // library. municode. com/ HTMU10311 /leve14 /PTIICOOR_CH2AD ARTIVFI_DIV1GE.html 12/27/2013 an of HOME OF PELICAN ISLAND City of Sebastian Subject: Fill One Expired Alternate Agenda No: b'A - 4-0/2- Member Position on the Planning and Zoning Commission Department Origin: City Clerk's Office Approved f r Spbmittal by: Date Submitted: 12/18/13 For Agenda of: 1/8/14 Joe Griffin, Interim City Manager City Attorney: Exhibits: Application, Ad, List Expenditure Required: Amount Budgeted: Appropriation Required: SUMMARY STATEMENT Ms. Kautenburg's alternate member position has expired on the Planning & Zoning Commission. She requests to be considered for another term. No other applications have been received. RECOMMENDED ACTION Interview, unless waived, and submit nomination for the expired, alternate member position with an expiration term of January 1, 2017. 61 of 82 Jeanette Williams From: louisek1 @juno.com Sent: Monday, December 09, 2013 11:59 AM To: Jeanette Williams Subject: Planning & Zoning Application Hi Jeanette, Thanks for sending my original application for review. I do wish to continue on this board. The only changes to the application are: 1. my business address is now 1603 U.S. #1, Sebastian, and #2. I have now lived in Sebastian for 18 yrs. Thanks, LK Louise "K" your Closing Coordinator Direct Line: 772 - 589 -3054 x 256 Direct Fax: 1 -866- 443 -9320 email: louisekl @juno.com i 62 of 82 OiYOF SEI HOME OF PELICAN ISLAND FES 23 C,. iEFO 2012 !ry f o City of Sebastian APPLICATION TO SERVE ON CITY BOARD /COMMITTEE k's Olyice (AIL City Board and Committee Members Must be Residents of the City of Sebastian) NAME: �o v t � �e di de [� HOME ADDRESS: 9/o k) PHONE: BUSINESS:- �j��,�J� BUSINESS ADDRESS: BUSINESS PHONE-..3000040175- BUSINESS FAX;U_43• E-MAIL: ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? ! HOW LONG ?_01.0 n� DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? . "d 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) _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 63 of 82 APPLICABLE EDUCATION AND/OR EXPERIENCE: (a brief resume is required) NTiatJA/ .' C'o�r '7`�il"od !u X°eai+'� X,�r /�LAri, Iy5'r;fuT� ryd��►Ted fk eiet3 et(�yT a E.S7',4T� Us��le��S =f�Lf o�- HOW WOULD YOUR EXPERIENCE BENEFIT TIE BOARD YOU'RE APPLYING FOR? hAye u,lar,t�ege>i`✓P/ i',tJ 7'�re .� !A4 I've v .�fe �,�AY ►Yi�f� o d g! �s'r9Te e,d rS, 6as,Aled1� T�s t3o,4 r� o� dvh, `e aoea/�- r.�i�•k, .Pe ►�i'f� /,'z� ?. •oN aP .4 C ? .Y� LIST ANY ADbITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: wv�, fl ,4A4i 174r-e- -rAe AA-Z 14 Si Y14 ,vSe o� /= ,q.lr.�t/z5.5' y- X1,•.c /�6 /e To i/ieu� �;�5',1�5 l�lro��a5�`f.'o.0 a, 07-� r s. I *I o,Csa re v Ttie, , Ja 'krF;/ * TA e 610 rre ,, p- , sg i, . 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? A0 WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? .+��T 197- %iji'�. / / We 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. 1 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 commi#ee is avaifahla;# �.,+o�, Applicant cxibed and swo to before me this Gz��a of c by who is ersonall know t me, r has produced as identification. ��CIiS ti ry PubH State on a Please return to Office of the City Clerk, 1225 Main Street, Sebastian, FL 32958 - (772) 589 -5330 \wp- form\applicat.wpd rev. 7/2007 9 ° Linda M. Kocher °' MY COMM. #DD 855321 EXPIRES: February 16, 2013. 64 of 82 &111� C. t y_ go • PRESS RELEASE December 3, 2013 Contact: Jeanette Williams 388 -8215 The City of Sebastian is accepting applications for the following position on the Planning & Zoning Commission: Expired, Alternate Member Position —Term to expire 1/1/2017 Interested individuals must have resided in Sebastian one year prior to application; and file annual financial disclosure. This is a volunteer 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 December 17th, 2013. 65 of 82 PLANNING & ZONING COMMISSION 3 -YEAR TERMS MEETS 1ST AND 3RD THURSDAY OF EACH MONTH - 7:00 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 12/14/11 11/1/2014 Pau 1384(a)bellsouth.net 388 -0937 Rick Carter Took Cardinale's expired Term to 237 Main Street regular member position expire Sebastian, FL 32958 4/27/11 4/1/2014 focussys aC)att.net 918 -4600 Took Durr's unexpired alt member position 2/9/11 Tahir (Bash) Qizilbash Took Paul's expired Term to 103 Barbara Court regular member position expire Sebastian, FL 32958 4/27/11 5/1/2014 Bash. pes 5-gmail.com 581 -0775 Took Srinivasan's expired Term to Domenic Durr regular member position expire 542 Quarry Lane 2/9/11 2/1/2014 Sebastian, FL 32958 ddomf(achotmail.com Reappointed alt member •(412) 381 -1701 1/26/11 Took Hepler's unexpired alternate member position 12/16/09 David Reyes Re- appointed 6/13/12 Term ire to P 458 Oak Street Sebastian, FL 32958 Took Simmons unexpired 6/1/2015 Jdr5347(aDatt.net regular member position 453 -6157 3/1/11 Took Neuberger's unexpired alternate member position 7/14/10 66 of 82 Joel Roth — Vice Chair Re- appointed 4/24/13 Term to 1984 E. Lakeview Drive expire Sebastian, FL 32958 Re- appointed 5/12/10 5/1/2016 ioelroth(a)msn.com 589 -6894 Took Buchanan's unexpired regular member position 1/27/10 Ed Dodd — Chair Reappointed 10/23/13 Term to 906 Fleming Street expire Sebastian, FL 32958 Reappointed 11/17/10 11/1/2016 eddodd(aaol.com 388 -5440 Took Allocco's unexpired regular member position 12/12/07 Alternate John McManus Took Dyer's expired Term to 1295 Sebastian Lakes alternate member position expire Drive 10/09/13 11/1/2016 Sebastian, FL 32958 Bmcmanus20(abellsouth . net 589 -0013 erna e Louise Kautenburg Took Hennessey's Term to 973 Oswego Avenue unexpired alternate expire Sebastian, FL 32958 member position 3/14/12 1/1/2014 Louisek1(aD-iuno.com 696 -3716 School Board Member: Mrs. Dale Simchick Work address: 1990 25th Street, Vero Beach, FL 32960 772 - 584 -9901 (School District mobile phone) Email: dale. simchickaindianriverschools. org Staff Liaison — Community Development Director 67 of 82 an of HOME OF PELICAN ISLAND CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Appointment of Fifth Member Agenda No. g6 - f 4.013 to the Police Pension Board of Trustees Department Origin, Citv Clerk City Attorney: Approved for Submitt/al by: City Manager Date Submitted: 12/18/13 For Agenda of: 1/8/14 Joe Gri n, Interim City Manager Exhibits: Pension Board Memo, Board Member List SUMMARY In accordance with Code Section 58- 46(5)(1)(a), the Council, as a ministerial duty, appoints the fifth member, who has been chosen by the other four member of the Pension Board. The Pension Board has recommended Debra Krueger for appointment. RECOMMENDED ACTION Appoint Ms. Krueger as recommended by the Sebastian Police Officers Pension Board of Trustees. "(1) (a) The membership of the board of trustees forchapterplans consists of five members, two of whom, unless otherwise prohibited by law, must be legal residents of the municipality and must be appointed by the legislative body of the municipality, and two of whom must be police officers as defined in § 185.02 who are elected by a majority of the active police officers who are members of such plan. With respect to any chapter plan orlocal law plan that, on January 1, 1997, allowed retired police officers to vote in such elections, retirees may continue to vote in such elections. The fifth member shall be chosen by a maiority of the previous four members, and such person's name shall be submitted to the legislative body of the municipality. Upon receipt of the fifth person's name, the legislative body shall, as a ministerial duty, appoint such person to the board of trustees. The fifth member shall have the same rights as each of the other four members appointed or elected, shall serve as trustee for a period of 4 years, and may succeed himself or herself in office. Each resident member shall serve as trustee for a period of 4 years, unless sooner replaced by the legislative body at whose pleasure the member serves, and may succeed himself or herself as a trustee. Each police officer member shall serve as trustee for a period of 4 years, unless he or she sooner leaves the employment of the municipality as a police officer, whereupon a successor shall be chosen in the same manner as an original appointment. Each police officer may succeed himself or herself in office." 68 of 82 MEMORANDUM AYYaf AYniiYYYA�WYSIIAYQ1iYYYnYHYYIYN WYNSITYU�YQt1YYYtYffYAiLYA` YQIiYbYM1YIIYibAtlNYi[ YAYi tli YQYYUftYYLtlYYtlY1 {WYfiYWigYQY1MYYYL TO: Honorable Mayor & Council Members From: Officer Steve Marcinik, Sebastian Police Officers Pension Board of Trustees, Chairman Date: December 19th, 2013 Re: Appointment of 5th Member to the Police Pension Board of Trustees EtWitYliLitif YlYt\ YffiiEiiY[ �iiYl i' fIY1i{ 1FfItirYYEYIt' 1' Y7i: ttiiYlYli43fi4tY' iTiYi�triY4YYi{ IYEt`Y Wii➢l i7iiY[[! Y' tYYi' NtufEi2YYWi6ifi'i Yt tittiYaNlfifYYYYiE1lttYal WtipGTFiIlN{ Yilillf� `iftt(ttiYfiii171YlGItiY On December �8', 2013 at our required quarterly meeting, we have chosen to reappoint Debra Krueger, as the fifth member of the Police Pension Board of Trustees. In accordance with the Florida State Statute, Chapter 185.05 (a), we are respectfully requesting that the City Council appoint her as the fifth member. Thank you for your consideration in this matter. 69 of 82 City of CPhactian_ Flnridn Subject: Instruction to Staff on Moving Agenda No. )7,A - I4•O! Forward with City Manager Selection Process Department Origin: Services Approved for S b -:::::p /vY Administrative City Attorney: Joseph Griffin, Interim City Manager City Clerk: Date Submitted: December 31, 2013 For Agenda of: January 8, 2014 EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: REQUIRED: N/A N/A To be determined SUMMARY At the November 13, 2013 City Council meeting, the City Council determined to further discuss their preferences regarding moving forward with the City Manager selection process at the January 8, 2014 meeting. There are two basic options for proceeding. One is to appoint Interim City Manager Joe Griffin and the second is to proceed with a search for outside candidates for City Manager. Proceeding with the search for outside candidates can be pursued in several different ways. Prior to initiating the search, the City Council should establish a job description, decide on minimum acceptable qualifications and set a range for the expected salary and benefits to be offered. Consideration should also be given as to whether the candidates must have prior experience with local governments within the State of Florida and how the candidates will be narrowed down, interviewed and ultimately selected. After establishing these parameters, the City Council could: 1. Direct the Interim City Manager to have the Administrative Services Department advertise for candidates. This would involve arranging the optimum placement of advertisements in professional journals. The City Council could either appoint a Selection Committee or have the Administrative Services Department perform a detailed review of resumes, confirm their qualifications and narrow the candidates down to five to ten. After this, a vote would be needed by the City Council to narrow these down further to three to five candidates. At this point, the City Council should direct Administrative Services to conduct thorough background checks on these candidates and after receiving reports on the background checks the City Council would vote on the candidates to be interviewed. Following interviews, the City Council could then decide on the best candidate and vote to extend an offer. Finally, the City Council would need to request that the Mayor or direct the City Attorney, Interim City Manager or some combination these officials to draft an acceptable contract and present this to the City 70 of 82 0 Council. This entire process could take twenty to thirty weeks. 2. Contact the Florida City and County Management Association (FCCMA). They offer a "Range Rider" program that designates a well- respected retired former City Manager to work with Staff and the City Council and offer professional guidance and assistance. This would involve essentially the same steps as the previous option but may add two to three weeks for making contact and receiving an initial presentation from this organization. This entire process could take twenty -two to thirty-three weeks. 3. There are also several consulting firms that specialize in assisting local governments with recruiting City Managers. It would be appropriate to develop a request for proposal (RFP) package in this case, which would add several weeks to design and send out the RFP, receive responses and have the City Council approve an award of the work to the best firm. In addition to the expense, which would likely be in the range of $20,000 to $30,000, the entire process to have a new City Manager on board could take twenty -four to thirty-seven weeks. The following is a summary of the expected minimum and maximum time -frames for the three options to recruit out -side candidates: RECOMMENDATION The City Council should discuss this important matter and vote on how it wishes to proceed. 71 of 82 Proceed In -House Use FCCMA Range Riders Hire Consulting Firm Design and Send Out RFP for Consultant 1 to 2 weeks Receive Consultant Responses 2 to 3 weeks Place RFP Results on Agenda and Select Consultant I to 2 weeks Contact FCCMA Range Riders and Receive Presentation 2 to 3 weeks Establish Job Description and Set Minimum Qualifications and Sal Benefit Ranges. (Appoint Selection Committee, If Desired) 2 to 5 weeks Place City Manager Advertisements 5 to 6 weeks 5 to 6 weeks 5 to 6 weeks Receive Responses from Interested Candidates 2 to 3 weeks 2 to 3 weeks 2 to 3 weeks Review Resumes, Confirm Qualifications and Shortlist 5 to 10 2 to 4 weeks 2 to 4 weeks 2 to 4 weeks Decide on Short -list of 3 to 5 Finalist 1 to 2 weeks 1 to 2 weeks 1 to 2 weeks Perform Background Checks 1 to 2 weeks 1 to 2 weeks l to 2 weeks Conduct Interviews 2 to 3 weeks 2 to 3 weeks 2 to 3 weeks Rank Finalist and Extend an Offer to the Best Candidate 2 to 3 weeks 2 to 3 weeks 2 to 3 weeks Draft Agreeable Contract 2 to 3 weeks 2 to 3 weeks 2 to 3 weeks Time for New Manager to Relocate and Begin Work 3 to 4 weeks 3 to 4 weeks 3 to 4 weeks Total Expected Minimum or Maximum Time - Frames 20 to 30 weeks 22 to 33 weeks 24 to 37 weeks RECOMMENDATION The City Council should discuss this important matter and vote on how it wishes to proceed. 71 of 82 Subject: Ordinance 0- 14 -01, Florida City Agenda No. 17-6-1q.01 Gas Franchise Department Origin: Community Development b Approved for mittal by: Administrative S City Attorney: _ City Clerk: Joe GA n, Inte im City Manager Date Submitted: December 31, 2013 For Agenda of: January 8, 2014 Exhibits: Ordinance 0- 14 -01; map exhibits �W dA.f EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: -0- -0- -0- SUMMARY Staff has been working with Florida City Gas for approximately 2 '/2 years in an effort to provide natural gas line service to the City of Sebastian. At this time Florida City Gas is prepared to enter into a franchise agreement with the City for the construction and operation of natural gas lines within our corporate boundaries as shown on the attached exhibits. Florida City Gas has applied for permits to install the gas lines and anticipates a 6 to 9 month construction period. The franchise agreement outlines the City revenue to be generated by the gas lines which will be constructed in our road rights -of -way. RECOMMENDED ACTION Staff recommends City Council approve the franchise agreement, Ordinance 0 -14 -01 on first reading and set the second reading and public hearing for February 12, 2014. 72 of 82 ORDINANCE 0 -14 -01 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY FLORIDA; PROVIDING A SHORT TITLE; PROVIDING FINDINGS AND INTENT; GRANTING TO PIVOTAL UTILITY HOLDINGS, INC., DBA FLORIDA CITY GAS, ITS SUCCESSORS AND ASSIGNS, A NON - EXCLUSIVE FRANCHISE FOR A PERIOD OF 25 YEARS TO CONSTRUCT, OPERATE, MAINTAIN, OWN AND TRANSPORT IN THE CITY OF SEBASTIAN, FLORIDA, WORKS FOR THE MANUFACTURE, TRANSMISSION, DISTRIBUTION, TRANSPORTATION, AND SALE OF GAS, INCLUDING NATURAL, MANUFACTURED OR MIXED GAS; PROVIDING CONDITIONS TO THE GRANT OF THE FRANCHISE; PROVIDING FOR CITY REGULATION OF THE GAS SYSTEM; PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS; PROVIDING SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City desires to have a utility gas line system and facilities within the corporate boundaries of the City; and WHEREAS, the City is prepared to enter into a non - exclusive franchise agreement for the construction and operation of a utility gas line system within the City; and WHEREAS, the CITY will receive compensation for the use of its rights -of way to accommodate the installation of such system, as defined in the terms of the franchise agreement; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Sebastian, Indian River County, Florida, as follows: SECTION 1. SHORT TITLE. This Ordinance shall be known, and may be cited, as the 'Florida City Gas Franchise Ordinance." SECTION 2. FINDINGS AND INTENT. The City Council makes the following findings and intent: 1. The City of Sebastian, Indian River County, Florida (hereafter "CITY ") exercises control over all publicly dedicated rights -of -way, streets, alleys, bridges, easements and other public places located within the limits of the CITY. 2. Pivotal Utility Holdings, Inc., a New Jersey corporation authorized to do business in Florida and doing business as "Florida City Gas" (hereafter "COMPANY ") intends on designing, developing, installing, constructing, and expanding a gas utility within, and eventually outside, the city limits of the CITY. 3. The aforesaid rights -of -way to be used by the COMPANY are valuable public properties acquired and maintained by the CITY at great expense to the CITY's taxpayers, and the right to use said rights -of -way is a valuable property right without which the COMPANY would be required to invest substantial capital and property acquisition costs. 73 of 82 4. The CITY desires to insure that the aforesaid rights -of -way used by the COMPANY are promptly restored to a safe and secure condition to protect the health, safety and welfare of the citizens and residents of the CITY. 5. State statutes, CITY ordinances, and the CITY charter authorize the CITY to grant a non- exclusive Franchise for the purposes set forth herein. SECTION 3. AUTHORITY. This franchise shall be governed by the laws of the State of Florida and applicable federal law. SECTION 4. DEFINITIONS. For purposes of this Agreement, the following definitions shall apply: 1. "Gross Operating Revenue" shall mean those revenues collected by the COMPANY and shall include the portion of any Customer deposits that are applied to amounts owed under Customer accounts within the CITY's corporate limits; 2. "Uncollectible Amounts" shall mean any account which has been closed and the deposit applied and such account is 60 days or more past due; and, 3. "Customer" shall mean all residences, business, governmental entities and industrial establishments located within the CITY purchasing gas from COMPANY. SECTION 6. GRANT OF AUTHORITY. There is hereby granted by the CITY to the COMPANY the non - exclusive right, privilege, or franchise to erect, construct, operate and maintain a gas system and facilities, including but not be limited to gas mains, pipes, supply pipes, conduits, ducts, service connections, manholes, regulators, drip pots, control devices, and any other hardware or other appurtenances used as a means of conveying, distributing or selling gas for the purpose of supplying natural, manufactured and other gas to the meter of the Customer, constructed both prior to and during the term of this Agreement (collectively "Gas System Facilities "), and to import, transport, sell and distribute gas, whether natural, manufactured or mixed, within the CITY, and, for these purposes, to establish the necessary facilities and equipment and to lay and maintain gas mains, service pipes and any other appurtenances necessary to the sale, transportation and distribution of gas in and along the rights -of -ways, streets, alleys, bridges, easements and other public way of the CITY. This grant of authority to COMPANY is strictly limited to the provision of manufactured, natural, "landfill" or related gas service only. It is explicitly recognized that this Franchise does not limit the COMPANY's ability to operate a liquefied petroleum (commonly referred to as LP gas, bottled gas, or propane) business within the incorporated limits of the CITY, similar to any other liquefied petroleum business nor does it limit the CITY's ability to assess utility tax upon the liquefied petroleum business within the limits permitted under Florida Statutes. In the event COMPANY desires to use its existing Facilities or to construct new Facilities for the purpose of providing other utility or non - utility services to existing or potential Customers, including but not limited to providing public communications, leased fiber optic capacity, video services, telecommunication services or any other services other than the provision of manufactured, natural, "landfill" or related gas services, or providing any other use to existing or potential Customers, COMPANY shall seek additional and separate permission from the CITY for such activities. COMPANY may, without obtaining the CITY's consent, pledge this Franchise and /or the facilities as security. SECTION 6. NON - EXCLUSIVE GRANT; CITY AGREEMENT NOT TO COMPETE. The right to use and occupy said rights -of -ways, streets, alleys, bridges, easements, and public ways and places for the purposes herein set forth shall not be exclusive, and the CITY reserves the right to grant a similar use of said rights -of -ways, streets, alleys, bridges, easements, or other public places and ways, to any person and /or entity at any time during the period of this franchise. This franchise shall grant the privilege of carrying on the business in all of the CITY or in part of the 2 74 of 82 CITY, with no promise that there will be no competition. In the event the CITY grants a franchise to the competitor of COMPANY, the grant shall not unreasonably interfere with COMPANY's rights granted hereunder, including physical location of improvements, except as to matters that occur as a result of competition. The CITY does hereby agree that during the term of this franchise it shall not compete with COMPANY unless it becomes necessary to do so in emergency circumstances. The CITY shall tender proof of said emergency to the COMPANY upon request. SECTION 7. COMPLIANCE WITH APPLICABLE LAWS AND ORDINANCES. The COMPANY shall, at all times, during the life of this franchise, be subject to all lawful exercises or police power by the CITY, and to such laws, rules and regulations as the CITY shall hereafter, by resolution or ordinance provide including but not limited to, any ordinances pertaining to excavation, reconstruction and development requirements and standards all of which shall not be in conflict or inconsistent with Promulgated Safety Rules and Regulations of the Florida Public Service Commission and Federal and /or Florida Departments of Transportation. SECTION 8. COMPANY LIABILITY — Indemnification. It is expressly understood and agreed, by and between the COMPANY and the CITY, that as additional consideration for the grant of this non - exclusive franchise, the COMPANY shall fully indemnify and hold harmless the CITY its officers, agents and employees from all claims, debts, liabilities, demands, interests, court costs, attorney's fees (including bankruptcy and appellate attorney's fees) to itself and any third person, taxes (including but not limited to any real, personal and sales taxes attempted to be assessed and /or assessed as a result of this Franchise Agreement), whether for bodily injury, death, property damage or otherwise, in any way arising out of the negligent operations of COMPANY or of its gas system in the CITY contemplated by this Agreement and/or COMPANY's related negligent work upon COMPANY's gas system whether directly authorized by this Agreement or not; provided, however, COMPANY shall not be liable for damages caused by or arising out of the negligence, strict liability, intentional torts or criminal acts of the CITY, its officers, agents, employees or contractors. The CITY shall notify the COMPANY's representatives in the CITY within thirty (30) days after the presentation of any claim or demand, either by suit or otherwise, made against the CITY as aforesaid on the part of the COMPANY. Provided further, nothing herein is intended to act as a waiver of the CITY's rights, privileges, and immunities under the doctrine of "sovereign immunity" and/or limits of liability set forth in Section 768.28 of Florida Statutes regardless of whether any such obligations are based in tort, contract, statute, strict liability, and negligence, product liability or otherwise. The provisions of this section shall survive this Agreement. SECTION 9. SERVICE STANDARDS. The COMPANY shall maintain and operate its system and render efficient service in accordance with the rules and regulations as are, or may be, set forth by the Florida Public Service Commission and /or other agency and /or entity with jurisdiction to regulate and/or promulgate rules regarding COMPANY's operations. SECTION 10. COMPANY RULES. The COMPANY shall have the authority to promulgate such rules, regulations, terms and conditions governing the conduct of its business as shall be reasonably necessary to enable the COMPANY to exercise its rights and perform its obligations under this Franchise, and to assure an uninterrupted service to each and all of its Customers. Provided, however, that such rules, regulations, terms and conditions shall not be in conflict with the provisions hereof or with the laws of the State of Florida, and shall be subject to approval by the Florida Public Service Commission or applicable federal agencies. Amendments to Tariff will be provided to City on a timely basis. SECTION 11. CONDITIONS ON STREET OCCUPANCY. 1. Use. All pipes, mains, and other natural, artificial or mixed gas equipment and apparatus laid or placed by the COMPANY shall be so located in the streets, alleys and other public way in 3 75 of 82 the CITY as not to obstruct or interfere with any water pipes, sewers, drains, stormwater drainage systems or other structures already installed or hereafter to be installed. The COMPANY shall, when practicable, avoid interfering with the use of any street, alley or other highway where the paving or surface of the streets would be disturbed. 2. Restoration. In case of any disturbance of pavement, sidewalk, driveway, stormwater system or other surfacing that was damaged by the COMPANY, the COMPANY shall, at its own cost and expense and in a manner approved by the CITY Inspector, replace and restore all paving, sidewalk, driveway, stormwater system or surface of any street or alley disturbed, in as good condition as before said work was commenced. 3. Relocation. a. If at any time during the period of this Franchise the CITY shall elect to vacate, alter, or change the grade of, any street, alley or other public way, the COMPANY, upon reasonable notice by the CITY, shall remove, relay, and relocate its mains or service pipes, manholes and other gas fixtures at the COMPANY's expense. The CITY shall not require the relocation of any of COMPANY's facilities installed before or after the effective date hereof in public rights -of -way unless or until first time paving, widening or otherwise changing the configuration of any portion of the public rights of way used by motor vehicles causes such facilities to interfere with aforementioned improvements. The CITY and COMPANY shall meet within ninety (90) days of the execution of this Agreement to discuss the CITY's capital improvement plan and general rights -of -way utilization for paving and drainage projects in an effort to minimize future disruptions. The CITY shall transmit a copy of its adopted annual capital improvement plan on or about November 1 of each fiscal year. b. If any time during the period of this Franchise a request for relocation of mains or service pipes, manholes and other gas fixtures shall be made by a third party, the CITY Public Works Department shall have the responsibility for making advisory recommendations to the CITY Council regarding such request for relocation. The third party petitioner shall assume and advance all costs of relocating main and service utility lines, including legal costs resulting from condemnation of property necessary to relocate. SECTION 12. RIGHT OF WAY NOT WARRANTED. The CITY does not warrant any right, title or interest of any street, alley, stormwater system, or other public way in existence, or hereafter acquired, used by the COMPANY or as may be used by the COMPANY in the future. In the event that the CITY closes, vacates or otherwise abandons any street, alley, stormwater system or other public way, CITY shall provide to COMPANY a reasonable easement for COMPANY - owned facilities installed within said street, alley or other public way at no additional expense to COMPANY. SECTION 13. ANNEXATION OR CONTRACTION. COMPANY agrees that the geographical limits of the franchise area are subject to expansion or reduction by annexation and contraction and that COMPANY may or may not have vested rights in annexed or contracted areas, as may be governed by applicable law. Upon the annexation of any territory by the CITY, the right, privilege and permit hereby granted shall extend to the territory so annexed, when permitted by law, and all facilities owned maintained or operated by said COMPANY, located within the territory so annexed upon any of the streets, alleys, stormwater systems or public ways situated in such annexed territory, shall thereafter be subject to all of the terms herein as permitted by law. SECTION 14. CITY RIGHTS IN FRANCHISE. 1. Municipal Rules. The right is hereby reserved to the CITY to adopt, in addition to the provisions herein contained and existing applicable ordinances, such additional regulations as it shall find necessary in the exercise of the police power, provided that such regulations, 4 76 of 82 by Ordinance or otherwise, shall not be in conflict with the rights herein granted, and shall not be in conflict with the laws of the State of Florida or federal regulation. 2. Supervision and Inspection. The CITY shall have the right to approve all construction or installation work performed subject to the provisions of this Ordinance and to make such inspections as it shall find necessary to insure compliance with governing ordinances. 3. Procedure After Termination of Revocation. Upon the revocation of this Franchise by the CITY for failure to comply with the terms thereof, or at the end of the term of this Franchise, the CITY shall have the right to determine whether the COMPANY shall continue to operate and maintain its distributing system pending the decision of the CITY as to the future maintenance and operation of the distribution system. SECTION 15. PAYMENT TO THE CITY. Franchise Fee. In consideration for the granting of this Franchise, the COMPANY, its successors and assigns, shall pay to the CITY, and its successors, an amount which, when added to all taxes, permits paid to the CITY, will equal six percent (6 %) of COMPANY's Gross Operating Revenue, less any adjustments for Uncollectible Amounts, taken in and received by it for providing all aspects of natural gas service to its Customers within the corporate limits of the CITY, as now or hereafter constituted. The COMPANY shall pay the franchise fee provided by this section on a monthly basis during the term of this franchise. Any payments not made by the COMPANY within thirty (30) days after the date said payment is due, shall thereafter be payable with interest at the rate of eighteen percent (18 %) per annum. Except as otherwise provided for within this Ordinance, the COMPANY shall, at all times, continue to be subject to, and shall pay to the CITY, all legally authorized public service taxes, ad valorem taxes (intangible, personal, real), occupational taxes, and any and all other valid tax, levied or imposed by the CITY. Such charges and fees shall include but not be limited to licensing, permit fees, development review and inspection fees and all other such fees including fees, charges, taxes and/or assessments validly adopted and /or imposed during the term of this Franchise Agreement. 2. Electronic Payment. The monthly Franchise Fee payments shall be made by wire transfer or other electronic means. SECTION 16. RATES. Rates charged by the COMPANY for service hereunder shall be fair and reasonable and designed to meet all necessary costs of the service, including a fair rate of return on the net valuation of its properties devoted thereto, under efficient and economical management. The COMPANY agrees that it shall be subject to all authority, now or hereafter possessed by the CITY, or any other regulatory body having competent jurisdiction, to fix just, reasonable and compensatory gas rates. 1. Savings to Customers. If during the term of this franchise the COMPANY receives refunds, or if the cost to the COMPANY of the natural, artificial or mixed gas sold under this Franchise is reduced, by order of any regulatory body having competent jurisdiction, the COMPANY shall pass on its consumers such refunds or any savings resulting therefrom. SECTION 17. RECORDS AND REPORTS. The CITY shall have access, at all reasonable business hours, to all of the COMPANY's plans, contracts, engineering, accounting, finance, statistical, Customer and service records relating to performance under this Ordinance. As well, the CITY shall have access to all records on file with the Florida Public Service Commission. The COMPANY does hereby acknowledge they have a statutory right to maintain confidentiality with regard to certain items filed with the Florida Public Service Commission. The COMPANY does 5 77 of 82 hereby permit the disclosure to CITY of any and all records and reports filed with the Florida Public Service Commission, which may be relevant to this ordinance, as may be requested by the CITY. The CITY shall maintain confidentiality of said records and reports provided the CITY is legally permitted to do so. In accordance herewith, the COMPANY does hereby authorize the Florida Public Service Commission to furnish full and complete records and reports to the CITY, as may, from time to time, be requested by the CITY. As well, COMPANY shall provide directly to the CITY an annual summary report showing gross revenues received by the COMPANY from its operations within the CITY during the preceding fiscal year and such other information as the CITY shall request with respect to properties, quality control, and expenses related to the COMPANY's service with the CITY. The following records and reports shall be in the local office of the COMPANY: 1. Company Rules and Regulations. Copies of such rules, regulations, terms and conditions adopted by it for the conduct of its business. 2. Gross Revenue. An annual summary report showing gross revenues received by the COMPANY from its operations within the CITY during the preceding year and such other information as the CITY shall request with respect to properties and expenses related to the COMPANY's service within the CITY. 3. As -Built Plans. Copies of all As -Built Plans showing the type and location of all of the COMPANY's main lines, service pipes, manholes and other gas fixtures shall be furnished to the CITY Manager and shall be kept current at all times. Current shall be defined as Quarterly. The CITY may audit the financial records of the COMPANY for the purpose of determining that proper collection of payment of the franchise fees is being made by COMPANY in accordance with this Ordinance at the CITY's initial expense. COMPANY shall cooperate with and make available those records necessary for CITY to perform the audit. If the audit demonstrates that payment or collection of franchise fees is more than 5% less than the monthly amount that should have been paid or collected, the COMPANY shall, in addition to paying the fees that should have been paid or collected, pay the cost of the audit. SECTION 18. EFFECTIVE DATE; TERM OF FRANCHISE. The franchise and rights herein granted shall take effect and be in force from and after the first day of the month following the final passage hereof, as required by law, and upon filing of the acceptance by the COMPANY with the CITY Clerk and shall continue in force and effect for a term of twenty -five (25) years after the effective date of this franchise. This ordinance shall take effect upon passage provided that within twenty (20) days of said date, the COMPANY shall signify its unqualified acceptance of this franchise, in writing. Provided, that if the acceptance is not filed within twenty (20) days, the provisions of this franchise shall be null and void and COMPANY's franchise rights shall be terminated. SECTION 19. PENALTIES. Provided that any violation by the COMPANY, its vendee, lessee or successor of the provisions of this franchise, or any portions thereof, or the failure to promptly perform any of the provisions thereof, shall be cause for the forfeiture of this franchise and all rights hereunder by the CITY after written notice to the COMPANY and continuation of such violation, failure or default for a period of one hundred eighty (180) days unless an extension is granted by the CITY. Provided however, that COMPANY's failure to comply with any provision of this Franchise as the result of a strike, lockout, or any other cause beyond the reasonable control of the COMPANY (collectively "Force Majeure") shall not constitute grounds for CITY's revocation and cancellation of any rights hereunder. In the event COMPANY in good faith disputes the CITY's determination of the COMPANY's non - compliance with the provision(s) of this Franchise specified in the CITY's notice, or the City disputes the COMPANY's assertion that its failure to comply with the provision(s) of this Franchise was, or is, the result of Force Majeure, the COMPANY and the CITY shall negotiate in good faith to resolve the dispute. If any dispute 6 78 of 82 remains unresolved thirty (30) days after the commencement of negotiations pursuant to this Section, such dispute shall be settled by the Courts pursuant to the provisions of Section 20 of this Agreement. Notwithstanding any provisions to the contrary, COMPANY, acknowledges that nothing contained in this Agreement shall constitute a waiver by the CITY of any rights it may possess at law, including but not limited to the power of eminent domain, or as afforded under Chapter 180, Florida Statutes. SECTION 20. LAW GOVERNING AND VENUE. This ordinance, and the Franchise Agreement granted hereunder, shall be interpreted under and governed by Florida law. Venue for any actions arising out of this Franchise Agreement shall be in State Courts in and for Indian River County, Florida. SECTION 21. ENTIRE AGREEMENT. This Franchise Agreement and any additional or supplementary exhibits or schedules incorporated herein by specific reference contain all the terms and conditions agreed upon by the parties hereto, and no other agreement, oral or otherwise, regarding the subject matter of this Agreement or any part thereof shall have any validity or bind any of the parties thereto. SECTION 22. NOTICES. All notices by either the CITY or COMPANY to the other shall be made by depositing such notice in the certified mail of the United States of America, return receipt requested, and such notice shall be deemed to have been served on the date of such depositing in the certified mail unless otherwise provided except in exigent circumstances in which case hand delivery will be acceptable. All notices shall be addressed as follows: If to COMPANY: Pivotal Utility Holdings, Inc. d /b /a Florida City Gas 955 East 25th Street Hialeah, FL 33013 Attention: Regional Director With a copy to: AGL Resources Inc. Ten Peachtree Place Atlanta, GA 30309 Attention: General Counsel If to CITY: City of Sebastian 1225 Main Street Sebastian, FL 32958 Attention: City Manager With a copy to: City Attorney - City of Sebastian Notice shall be provided to the above -named addresses unless directed otherwise in writing by the CITY or the COMPANY. SECTION 23. NON - WAIVER PROVISION. The failure of any party to insist in any one or more instances upon the strict performance of any one or more of the terms or provisions of this ordinance shall not be construed as a waiver or relinquishment for future of any such term or provision, and the same shall continue in full force and effect. No waiver or relinquishment shall be deemed to have been made by either party unless said waiver or relinquishment is in writing and signed by the parties. SECTION 24. SEVERABILITY. If any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance shall for any reason be held to be unconstitutional, inoperative, or void 79 of 82 by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance, which shall continue in full force and effect; it shall be construed that it is the legislative intent to adopt this Ordinance without the unconstitutional, inoperative or void section, subsection, paragraph, sentence, clause or phrase. Furthermore, if any provision of this Ordinance is held unconstitutional, inoperative, or void as applied to any person or property, such decision shall not apply to any other person or property. SECTION 25. EFFECTIVE DATE. This ordinance shall take effect immediately upon its passage. The foregoing Ordinance was moved for adoption by Council Member The motion was seconded by Council Member and, upon being put to a vote, the vote was as follows: Mayor Bob McPartlan Vice -Mayor Jim Hill Council Member Jerome Adams Council Member Andrea Coy Council Member Richard Gillmor The Mayor thereupon declared this Ordinance fully passed and adopted this 12014. CITY OF SEBASTIAN, FLORIDA Bob McPartlan, Mayor ATTEST: Sally A. Maio, CMC City Clerk (SEAL) Approved as to Form and Legality for Reliance by the City of Sebastian Only: Robert A. Ginsburg, City Attorney day of 8 80 of 82 UNCONDITIONAL ACCEPTANCE BY COMPANY I, the undersigned official of Pivotal Utility Holdings, Inc., d /b /a Florida City Gas, am authorized to bind COMPANY and to unconditionally accept the terms and conditions of the foregoing Franchise (Ordinance No. 0- 14 -01), which are hereby accepted by COMPANY this day of 12014. PIVOTAL UTILITY HOLDINGS, INC. d/b/a Florida City Gas By: Name: Title: Subscribed and sworn to before me this day of , 2014. Notary Public in and for the Sate of Florida My Council expires 9 81 of 82 FLORIDA CITY GAS SEBASTIAN MDPE NATURAL GAS DISTRIBUTION MAIN MAPS DATED DECEMBER 2013 ARE UNDER SEPARATE COVER 82 of 82