Loading...
HomeMy WebLinkAbout02122014 Agenda PacketCn OF SE 1'd HOME OF PELICAN 15LAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, FEBRUARY 12, 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 - Father John Morrissey, St. Sebastian Catholic Church 3. PLEDGE OF ALLEGIANCE - Led by Council Member Adams 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. 14.024 A. Proclamation - Heart Health Month - Accepted by Dr. Nasir Rizwi 5 14.025 B. Proclamation - African American History Month 6 14.026 C. Certification of Appreciation to Jerry Deredita — Natural Resources Board 14.027 D. Certificate of Appreciation to Jim, Olivia and Jake Sunnycalb in Recognition of s Contributions to Sebastian Parks & City Events 14.028 E. Vincent Burke, Indian River County Utilities Director— Presentation North Sewer Feasibility Study 14.029 F. Graham Cox — Presentation and Request for Funding for Garden Boxes in Sebastian Schools 14.030 G. Elizabeth Graves -Bass and Rebecca Rickey, Vero Heritage, Inc. — Brief s Presentation Fourth Annual Heritage Celebration 3/12/14 H. Brief Announcements i. Sebastian Little League Opening Day — 75t" Anniversary — 2/15/14 — 10 am ii. Sebastian Art Club in Riverview Park — 2/15/14 and 2/16/14 — 10am -4pm iii. Sebastian Chamber Concert in Riverview Park — 2/21/14 — 5:30 pm-8 pm 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. 10 -49 A. Approval of Minutes - January 15, 2014 Workshop 20-28 B. Approval of Minutes - January 22, 2014 Regular Meeting 14.031 C. Approve (Renew) and Authorize Mayor to Execute Voluntary Mutual Aid 29-34 Agreement Between City of Sebastian and City of Vero Beach for Law Enforcement Assistance under Florida Mutual Aid Act (PD Transmittal, Agreement) 14.032 D. Community Center Use - Approve Alcoholic Beverage Use in City Building - 35 37 Birthday Party (Name on File) February 15, 2014 6 pm to 10 pm (Parks Transmittal, Receipt, Rental Permit Application) 14.033 E. Yacht Club Use - Approve Alcoholic Beverage Use in City Building - Birthday 38-40 Party (Name on File) - March 1, 2014 2 pm to 7 pm (Parks Transmittal, Receipt, Rental Permit Application) 8. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 9. PUBLIC HEARINGS Procedures for legislative public hearings: • Mayor opens hearing • Attorney reads ordinance or resolution • Staff presentation • Public Input (Anyone wishing to speak is asked to raise hand and when called, go to the podium and state name for the record. • Staff summation • Mayor closes hearing • Council deliberation and action 14.015 A. Second Reading and Public Hearing of Ordinance No. 0-14-01 - Florida City 4130 Gas Line Franchise (Interim City Manager Transmittal, 0-14-01, Gas Map 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. (PJ Ad 1/29/14) 10. UNFINISHED BUSINESS 14.014 A. City Manager Selection Process - Approve Job Description - Determine Salary - 51 70 Discuss Recruitment Process and Confirm Timeline (Administrative Services Transmittal, Draft Job Description, Draft CM Position Recruitment Profile, ICMA and FCCMA Range Rider Program, Search Process and Timeline, Salary and Benefits Comparison) 2 2 of 82 11. PUBLIC INPUT New information or requests to city council not otherwise on the prepared agenda 12. NEW BUSINESS 14.034 A. Consider Release or Reduction of Special Magistrate Fine in Regard to 1643 71 -62 Coral Reef Street (Code Enforcement Transmittal, Current Daily Fine Amount, DataQuick Title Email, Notice of Lis Pendens, City Final Order and Order Imposing Fine) 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 14.035 A. Report on Sidewalk on Fleming Street to Sebastian Charter JHS (No Backup) 14.036 B. Report on St. Johns River Water Management District Cooperative Funding Grant Program (No Backup) 15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS A. Council Member Adams B. Council Member Coy C. Council Member Gillmor D. Mayor McPartlan E. Vice Mayor Hill 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: 2126114 Regular City Council Meeting 6 :30 pm 3112114 Regular City Council Meeting 6 :30 pm 3126114 Regular City Council Meeting 6 :30 pm 419114 Regular City Council Meeting 6 :30 pm 4123114 Regular City Council Meeting 6 :30 pm 3 3 of 82 PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION R- 93-°18 Regular 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 forindividuals giving oraccepting 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 CRY OF SEW HOME OF PELICAN ISLAND PROCLAMATION AMERICAN HEART MONTH — FEBRUARY 2014 WHEREAS, cardiovascular disease, the number one killer of American men and women, is responsible for one out of every four deaths in the United States and during American Heart Month, we renew our fight, both as a Nation and in each of our own lives, against the devastating epidemic of heart disease; and WHEREAS, people with high blood pressure or high cholesterol and those who smoke are at greater risk of developing cardiovascular disease, and other risk factors such diabetes, obesity, poor diet, physical inactivity, and excessive alcohol use can also increase the likelihood of developing heart disease; and WHEREAS, by adopting a few healthy habits, getting regular exercise, not smoking, eating diets rich in fruits and vegetables and low in salt, saturated fat, and cholesterol, each of us can reduce our risk for heart disease; and WHEREAS, in 2011, the "Million Hearts" program was launched, which aims to prevent one million heart attacks and strokes by 2017, and through First Lady Michelle Obama's "Let's Move! Initiative ", young people are encouraged to make positive choices to keep them healthy throughout their lives; and WHEREAS, in solidarity with those struggling with heart disease and in acknowledgement of the hardworking health care professionals who provide life- saving treatment, research, and advice, let us take ownership of our heart health and commit to positive lifestyles, this month and throughout the year. NOW, THEREFORE, by virtue of the authority vested in me as Mayor of the City of Sebastian, Florida, and on behalf of the Sebastian City Council, I do hereby proclaim February 2014 as American Heart Health Month in Sebastian and encourage everyone to commit to a healthier lifestyle including exercise and a healthy diet to prevent cardiovascular disease. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Sebastian to be affixed this 12th day February, 2014. City of Sebastian, Florida Bob McPartlan, Mayor CROF SEAN HOME OF PELICAN ISLAND PROCLAMATION African American History Month 2014 WHEREAS, In America we share a dream that lies at the heart of our founding, that no matter who we are, no matter what we look like, no matter how modest our beginnings or circumstances of our birth, we are all created equal; and WHEREAS, for many and for much of our Nation's history, that dream has gone unfulfilled, and for African Americans, it was a dream denied until 150 years ago, when President Lincoln called for the end of slavery, a dream deferred to less than 50 years ago, when Dr. Martin Luther King, Jr. spoke of justice and brotherhood from Lincoln's memorial. This dream of equality and fairness has never come easily, but it has always been sustained by the belief that in America, change is possible; and WHEREAS, today, because of that hope, coupled with the hard and painstaking labor of Americans sung and unsung, we live in a moment when the dream of equal opportunity is within reach for people of every color and creed; and WHEREAS, National African American History Month is a time to tell stories of freedom won and honor the individuals who wrote them, to trace generations of African Americans, free and slave, who risked everything to realize their God -given rights. When we listen to the echoes of speeches and struggle that made our Nation stronger, we hear again the thousands who sat in, stood up, and called out for equal treatment under the law, and we see yesterday's visionaries in tomorrow's leaders, reminding us that while we have yet to reach the mountaintop, we cannot stop climbing; and WHEREAS, let us never lose sight of the many who marched and toiled and bled shoulder - to- shoulder and burned with hope for a brighter day, with a shared legacy and American spirit, a spirit that still guides us forward today. NOW, THEREFORE, by virtue of the authority vested in me as Mayor of the City of Sebastian, Florida, and on behalf of the Sebastian City Council, I do hereby proclaim February 2014 as African American History Month to honor those who came before us, to live by their example, and follow in their footsteps toward a better future which is ours to claim. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Sebastian to be affixed this 12th day of February 2014. City of Sebastian, Florida Bob McPartlan, Mayor 0 A AT -JAM :INZ-TOTWF- ir = r •-07 Mr- I -w G1� _iyc oz� I Val �A, AL i x:.... FF �s.•l Sri • / a , l , 4 1140 COMMUNITY SERVICE AWARD In honor of Jim, Olivia and Jake. Sunnycalb In gratitude for the generous way in which the Sunnycalb family dedicates their time and considers others throughout the year to enhance our City parks and Community events Bob McPartlan Mayor 6� - N930 FOR IMMEDIATE RELEASE Contact: Rebecca A. Rickey /Executive Director 772 - 770 -2263 772 - 770 -2131 Fax veroheritage @bellsouth.net LOCAL HISTORY EVENT AT HERITAGE CENTER MARCH 13th Visitors at the fourth annual Heritage Celebration on March 13, 2014, will take an architectural tour of Indian River County, but everything they see will be under the roof of the Heritage Center in downtown Vero Beach. Large photos of some of the county's most significant historic structures, including schools, a church, private homes and businesses, will be on display. The theme is "if These Walls Could Talk," and residents with knowledge about the buildings will be on hand to share stories and answer questions. Buildings from communities in the county will be depicted, including Fellsmere, Sebastian, Wabasso, Gifford, Vero Beach, Oslo, and the historic Riomar neighborhood in Vero Beach. Also planned is a Wall of Shame that will show historic buildings, such as the Royal Park Inn and Del Mar Hotel, both former Vero Beach landmarks that didn't escape the wrecking ball. The Royal Park Inn site is occupied by condominiums, and the Del Mar Hotel made way for a downtown parking lot years ago. And to keep things in perspective there will also be a Wall of Fame showcasing buildings and structures saved from demolition that are still in use and that continue to serve the community. The Celebration, a fund - raising event for the Heritage Center, will take place from 5 — 8 p.m. Sponsors include Edlund, Dritenbas, Binkley Architects & Associates, P.A., Graves Brothers Company, Bill Mitchell, Golden River Fruit Co. and Frances Ellis Graves. Sponsorships are available. Admission is $10 per person, and visitors will receive printed histories of the buildings as they stroll around the main hall of the Heritage Center. Elizabeth Graves- Bass, President of the Board of Directors of Vero Heritage, Inc., which operates the Heritage Center, heads the committee. Other members include Mary Jane Stewart and Celeta Arden, past board members; Judy Roberts, Janie Gould, Cathie Callery and Randy Wytrval, current board members; Pam Cooper, Florida history and genealogy librarian at the Indian River County Main Library; Vicky Gould, president of the Historic Osceola Park Neighborhood Association; Anna Brady, historic preservationist; Suzan Phillips, author of a book about the history of McKee Botanical Garden; and Rebecca Rickey, Executive Director of the Heritage Center. The Heritage Center and Indian River Citrus Museum are located at 2140 14th Ave., in Pocahontas Park, historic downtown Vero Beach. For information about sponsorships, call 770 -2263 or 473 -3773, or send an email to Bass at gravesbass @bellsouth.net . 9 of 82 Ire CrFycf SE0 As- TVA N HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES WORKSHOP — INDIAN RIVER LAGOON WEDNESDAY, JANUARY 15, 2014 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor McPartlan called the Workshop to order at 6:00 pm. 2. The Pledge of Allegiance was recited. 3. ROLL CALL City Council Present: Mayor Bob McPartlan Vice Mayor Jim Hill Council Member Jerome Adams Council Member Andrea Coy Council Member Richard Gillmor City Staff Present: Interim City Manager, Joe Griffin City Attorney, Robert Ginsburg City Clerk, Sally Maio 4. WORKSHOP ITEM — Indian River Lagoon — Discuss Methods to Determine Cause of Decline Mayor McPartlan said this workshop has been called to discuss various methods to determine causes of the decline of the lagoon. Mr. Gillmor said we all know there is a problem, and during the last season the main point of interest was the lagoon, and he was concerned it would be forgotten in the dry season. He said he spoke to former Vice Mayor Wright who directed him to Dr. Brian LaPointe, and we are honored to have him here at this workshop. He said this is a first step for Sebastian, to find out what is going on in the lagoon, what the causes are and how to fix it. He said he hoped we are able to find clarity and get everyone to take ownership of what goes into the lagoon, and gain understanding that everything that goes into swales and ditches near our residences flows into quarter round and eventually finds its way into a body of water, to the St. Sebastian River and ultimately into the Indian River Lagoon. Mr. Hill said he was looking forward to information on methodology, on what exactly is taking place and causing the lagoon decline, so we can tackle it. He said Sebastian has been at the forefront in treating our waters and spent tens of millions of dollars over the last several decades cleaning up the waters leaving Sebastian, and have been good stewards of the lagoon and this is another step in that process. 10 of 82 City Council Workshop Indian River Lagoon January 15, 2014 Page Two Ms. Coy thanked everyone who took the time to be here and said her biggest wish is that she hears something from each and every one of those in attendance, that this is their chance to tell the Council what they want, and said she is ready to do some action planning. Mr. Adams said he is looking forward to the discussion and finding out the science behind it, how we can actually figure out what the problem is, and how go about fixing the problem and how we get the money to fix the problem. Dr. Brian LaPointe, Harbor Branch Oceanographic Institute at Florida Atlantic University, Marine Ecosystem Health Program, thanked Mr. Gillmor for inviting him tonight to present and City Council for their interest in this issue. He presented a PowerPoint presentation entitled "Nutrients and Water Quality in the Indian River Lagoon" (see attached to minutes). He said the 156 mile long Indian River Lagoon is in crisis, and presented work he has been involved in with over the past three years, through his work at Harbor Point, funded by the Save Our Seas license plate and Guy Harvey artwork. He said we know the critical issues mostly this year and back in 2005 are the excessive freshwater inflows from Lake Okeechobee into the St. Lucie River, but there was a lot of stormwater runoff from record excessive rains up and down the lagoon, carrying contaminants and nutrients from wastewater, fertilizer, and other sources. He said those nutrients, when they get in the water, create toxic algal blooms and smother seagrasses. He said there are declining fisheries and mortalities in sealife, including protected species. He cited the record 813 manatee deaths in Florida last year, many from algal blooms and red tides. The common thread is nutrient pollution, citing his book "Clean Coastal Waters — Understanding and Reducing the Effects of Nutrient Pollution ", and US Coalition on Ocean Policy report "An Ocean Blueprint for the 21St Century" He said nutrient runoff into the lagoon has caused eutrophication, citing a 2007 study showing moderate to high eutrophication (the process by which a body of water becomes enriched in dissolved nutrients (as phosphates) that stimulate the growth of aquatic plant life usually resulting in the depletion of dissolved oxygen). He cited graphs indicated a worsening problem starting in 2009 -2010 with light depletion from phytoplankton blooms that killed off seagrasses. He said as they got into the research it was clear that septic tanks was more of a problem, that the 1.7 people live along the Lagoon watershed, with 380,000 septic tank at 2.5 people per septic tank. He said the low elevation and low organic matter in sandy soils along the lagoon watershed matter sets up a situation that takes nitrogen from septic tanks to the lagoon, cited a study by Horsley and Whitten which concluded that 90% of nitrogen in groundwater in watershed in IRL are from septic tanks and less than 10% from fertilizer and other sources, and that nine pounds of nitrogen per person per year goes into the watershed. He then provided scientific study evidence from the 1994 -1995 Jupiter Creek (slides 8 -13); the 2005 -2006 St. Lucie Estuary Study (slide 14); and IR Lagoon Wide Study 2011 -2012 (slides 15 -32) from Jupiter Inlet to Ponce Inlet, which he said implicate nutrients from septic systems. In reference to the IR Lagoon wide study, with twenty testing sites, the central Indian River Lagoon locations being CIRL Station 1 at the mouth of the St. Sebastian River, and CTRL Station 2 at the Main Relief Canal in Vero and CIRL Station 3 at the South Canal in south Indian River County. Dr. Lapointe provided graphs depicting: Salinity - in dry season 2011, wet season 2011 and 2012 which shows lowest salinity in the CIRL region due to freshwater intrusion, levels of chlorophyll a the same period of time, showing higher levels in the northern areas of the lagoon and not in the CTRL. 2 11 of 82 City Council Workshop Indian River Lagoon January 15, 2014 Page Three DIN (Ammonium + Nitrate + Nitrite) - showing a high concentration of nutrients in the CIRL with the St. Sebastian River being a major source of freshwater runoff in the wet seasons In response to Mr. Hill, Dr. Lapointe said the dredging of the St. Sebastian River during that period of time could be a factor in those numbers. SRP Phosphorous — higher in CIRL region TDN Total Dissolved Nitrogen TDP Total Dissolved Phosphorous TDN:TDP Ratio of Nitrogen to Phosphorous Dr. Lapointe said phosphorous does come from septic tanks and is a major constituent of sewage, noting in slide 24 shows a much higher ratio in the north lagoon than in the CIRL area. He then showed the Land /Ocean Biogeochemical Observatories (LOBOs) used to conduct the studies and gave a website address httg: / /fau- hboi.loboviz.com , an interactive site to view real - time data directly from the LOBOS. He described a result showing a drop in salinity during July 2013, the wettest July on record, and decrease in dissolved oxygen. He said these are the types of data they need to quantify and model the relationships between environmental factors and biological processes in the lagoon. He said he would love to have one in the St. Sebastian River and perhaps some year they will be able to do that. He said another method they use is collection of macroalgae or seaweed samples, which he said are becoming part of the problem because they proliferate and take oxygen out of the bottom, and they are collected and tested to determine ratios and sources of nutrients they take up. In slide 31, Dr. Lapointe showed stable nitrogen isotope data from microalgae at the twenty stations lagoon -wide, and levels above three indicate waste water nitrogen and below three indicate fertilizer nitrogen, which is standard in urbanized areas, and it is likely that wastewater nitrogen is fueling algal blooms up and down the IR Lagoon. He showed comparisons of other sewage impacted areas of the country going through similar issues with the Indian River Lagoon, noting the CIRL levels of stable nitrogen isotope data from microalgae are much higher than other areas and the overall IRL. He cited the Grizzle -Figg Act in Tampa Bay that mandated nitrogen removal. He said as seagrasses have disappeared manatees have turned to other food sources such as seaweeds, they have worked with NOAA scientists to look for toxins in the seaweeds, and they have very blistering toxicity and high nitrogen and phosphorous ratios, and hope to look into this more and it may explain severe intestinal problems that Manatees are developing. He said they are looking in more detail at the septic tank issue in IR County as well as in the St. Sebastian River, which is being conducted by one of his Masters students through FAU, noting a map in slide 35 that shows the location of septic tanks in IR County, and will have more information in the next six months or so. He then described the studies conducted on Tampa Bay in the late 70's and 80's, again citing the Grizzle -Figg Act passed in the late 70's, which required removal of nutrients from wastewater, and said Tampa Bay has been turned around, 8,000 acres has been reestablished, and 10,000 acres more will return it to 1950s levels. He said some other areas in the country with similar situations are using aquaculture with Gracilaria to remove nitrogen from the impacted waters. His presentation slide 41 summarized findings for the IR Lagoon, septic tanks, leaking sewage systems, and re -use systems. He said another thing they can do is to pass a stronger fertilizer ordinance, showing slide 42 which shows local governments which have passed and are considering them, and urged them to take every step they can to control this. He completed his presentation at 7:00 p.m. 3 12 of 82 City Council Workshop Indian River Lagoon January 15, 2014 Page Four Mr. Hill said they have a fertilizer ordinance, and Ms. Coy responded a weak one. Mr. Gillmor said if nitrogen and phosphorous are coming from the St. Sebastian River where there is much more construction and older homes on the north side of the river, positioning a sensor in the mouth of the river won't tell where it is coming from. He asked if there was a way for the City to do grab samples from its outfalls, specifically on the east side of Indian River Drive, using volunteers to tell us what is in the water. Dr. Lapointe said a volunteer network to grab samples during storm events could work and said his Masters student would probably be glad to come up and work with a group of volunteers to show them the methods they are using to institute a grab sampling program, which is in line with her thesis. Ms. Coy asked how much the LOBOs cost, and Dr. Lapointe responded they were about $100K and is the Cadillac of real time monitoring, they are being used around the country, but there can be a scaled down version of the LOBO, such as a Seabird which measures some of the nutrients and is $26K. He said the LOBOs are primarily made in the US by a Colorado manufacturer, said there are two in the Indian River Lagoon, both currently at Harbor Branch because they are trying to develop an ammonium sensor. Mr. Hill said the bulk of the study is geared toward septic, and asked where the nitrogen from septic shows itself, whether stormwater, retention ponds, canals, all leaching into the river through groundwater and make it to IR Lagoon. Dr. Lapointe said all of the above. He said during a rain event imagine the water table coming up where you get ponding, you get vertical mixing at that point of sewage nitrogen coming up into the puddles. He said during storm events you can get not only nitrogen from fertilizer, but nitrogen from wastewater running off. Mr. Hill said there are not many retention ponds except in new neighborhoods that have sewer, but it may be a good idea to test those in addition to some of the other ones to be a good gauge to compare them to determine where the nitrogen is coming from. He asked if you were trying to get to the core of the problem, would you sample many water sources throughout the area. Dr. Lapointe agreed, canals, tidal creeks, detention ponds. Ms. Coy asked if there is anything that jumps off the page that makes Sebastian any different than any other place studied, and if we know that nitrogen and phosphorous are the biggest problems, how important is it to know how much comes from septic tanks or other sources, and how much more studying do we have to do. Dr. Lapointe said source reduction is the most important thing, to clean the lagoon up and get it in a recovery mode, and it is an imperfect science, noting we were trying to clean up the lagoon, the fertilizer, the sediments, and then got blindsided in 2011 by the algal bloom and no one expected that result and that points out the need for science and monitoring, because if you are not achieving the results you want to achieve you need the monitoring to tell you where you need to turn. Ms. Coy said it is her contention we can study for another year while we are sitting doing nothing, but rather shouldn't we be putting monitoring systems out there and taking action and and see if it make a difference while we are testing. Dr. Lapointe said if you have a good quality system and not all are the same, and some are garbage and urged them not to skimp when it comes to your monitoring. 4 13 of 82 City Council Workshop Indian River Lagoon January 15, 2014 Page Five Ms. Coy said monitors might suggest that some or the majority are coming from septic, but its not going to tell you what percentage is from stormwater runoff or fertilizer but rather there are multiple non -point sources. He agreed and said the NEP Program got rid of most of the point sources, the Indian River Lagoon Act of 1990 got most of it out of the lagoon, but then look what happened in 2011. He said that is why you need the monitoring to find out what those other sources are, that we have a non -point source of nitrogen. Mr. Gillmor asked with the exception of sewer which would be billions of dollars what can be done, and Dr. Lapointe answered composting toilets which he has in his home in the Bahamas. Mayor McPartlan asked about installing oyster reefs, and Dr. Lapointe that is another tool as is seaweed aquaculture to bio- extract nutrients, and you could do both, and when you harvest you would know what you are removing from the water. Ms. Coy said that is reactive rather than pro- active. Dr. Lapointe said there may come a time when we get points for nitrogen removal. Mr. Adams asked if LOBOS were the same as Kilroys and Dr. Lapointe said they are totally different, that Kilroys do not measure salinity and that is critical, and has not looked carefully looked at their data and urged you to look into that data if they are going to consider Kilroys. ?? — did not get name or beginning of question regarding CR 54. Dr. Lapointe said canals can act as incubators for algal blooms. Mitchell A. Roffer, Ph.D. Roller's Ocean Fishing Forecasting Service, Inc., Florida Institute of Technology, asked if Dr. Lapointe had studied nitrogen and phosphorous coming out of sewer treatment plants. Dr. Lapointe said this comes back to the Grizzle -Figg Act, because treated sewage does have high concentrates of ammonia and nitrate depending on the aeration applied at the plant, but is also true of secondary treatment of sewage. He said the Act took it a step further and mandated advanced waste treatment. He said there are high concentrations of nitrogen and phosphorous coming out of sewage treatment plants, and how that is treated is part of the overall reduction strategy. He said we will probably have to move toward a Grizzle - Fig Act in the Indian River Lagoon. Discussion continued on what happens to the County sewage. Sal Neglia said we have natural phosphorous in the soil and asked if that would hamper the removal process, and Dr. Lapointe said he thought there is a substantial amount of phosphorous absorbed to the soils, and it was getting a little bit of treatment as it moved through the soils, but at some point the plumes can overcome the capacity for the soil to absorb, and that may be happening with the older septic tanks, some built in the 60s and within 25 feet of the lagoon which are not removing the phosphorous. Dr. Eric Spokas asked if monitoring acidity is routinely done with LOBOs and Dr. Lapointe said that is not a part at this time. Dr. Spokas asked if there is a predictable change during extensive flooding in PH and Dr. Lapointe agreed it would move down and be more acidic, but where there is a superbloom it would drive the PH up. Dr. Spokas asked in regard to the success in Tampa Bay how long did recovery take place, and Dr. Lapointe said decades, though there will be immediate improvements. John Powell, Sebastian, cited a1997 paper that states on average that there is only 50% reduction in effluent release from septic tanks, and cited available cost effective fixes for existing septic systems. He said there are 35,000 septic tanks in Indian River County and in Brevard 5 14 of 82 City Council Workshop Indian River Lagoon January 15, 2014 Page Six there are 100,000 and it is not just our problem. Dr. Lapointe said there are 380,000 along the Indian River Lagoon, and said it comes down to the homeowner level to modify the septic tank or sign up to sewer, and people can look at denitrifying systems, and that Vero Beach is looking at options. Mr. Hill said lots of cities put that re-use water into surface lakes. John Orcutt asked about the Big Pine Key results, and Dr. Lapointe said it is still on -going down into the lower keys, and there will be a meeting in Key West January 30th. He said Key Largo was ahead of the curve in eliminating septic tanks and there was not a lot of monitoring to track results but people say there was an immediate approval but coral replacement will take centuries. Mr. Orcutt said he hears "crisis in lagoon ", and the word "study" but if we are in a crisis, how do we take action if it costs us $20K per household. He said if he were King of the municipality the quickest action for a realistic improvement would be to look at ordinances I have regarding turf, septic tanks, setbacks, fertilizer or whatever, they could look at all regulations to find ways to stop pollution at its source. Dr. Lapointe said they can have a smorgasbord of actions to stop it at its source. Mr. Orcutt asked if an individual local government can pass septic ordinances and Dr. Lapointe said they can, because the State sets minimum standards. Mr. Orcutt noted those localities that have passed strong fertilizer ordinances and if we got all of them along the lagoon, it would allow them to adopt an education program much the same as has been done on the west coast. He said the program is www.befloridian.com Robin Graves, NRB Chair, asked if seaweed will grow here, what types would we introduce, would wildlife thrive on it, and is it feasible for our river. Dr. Lapointe said the seaweeds are all native and are already growing here, commonly referred to as red drift algae, and manatees are eating it, they are replacing seagrasses and are very thick, double their biomass in a few days, which makes them such great contenders for bioextraction on nutrients, and makes sense in communities with fishermen with clam leases, and is something you could consider. Ms. Coy asked if Gracilaria was killing manatees, and Dr. Lapointe said in the upper lagoon, and would probably not be toxic in this area but would need to be tested. Arjuna Weragoda, IRC Utilities Department, said there are three treatment plants in the County and the effluent is reuse and monitored and regulated by DEP, said there is a new sewer feasibility study that includes the Sebastian Area Feasibility Study, and will go before the Board of Commissioners and hopefully evolve into a project. He said people think their septic tanks are working fine until it backs up into their home, he understands there is going to be a cost for sewer. Ms. Coy said she hoped they got Sebastian involved in the project, saying she knows nothing about it. Mr. Weragoda said Indian River County funded $60K for the study, and we need data to come to Council to give them the options. Dr. Lapointe said he just paid $4500 to hook up his system to a central collection system in Big Pine Key with advanced waste treatment and deep well injection. Mr. Hill said if we are hooking up to sewer and they reuse the water, isn't it still going into the groundwater. 6 15 of 82 City Council Workshop Indian River Lagoon January 15, 2014 Page Seven Mr. Weragoda said the AWT number is 3mg per liter in the County. ? ?? ELC, Naturalist, Environmental Learning Center, said they are big on behavioral change, asked what things people can do to monitor their own septic system. Dr. Lapointe said you can go to Home Depot and purchase %" PVC and build your own piezometer and suggested people google for instructions. He said a HACH kit can be used to test the water, and all can be purchased for less than $100 for a homeowner. Mr. Gillmor asked if less water use in toilets would be good to lower nutrients and Dr. Lapointe said it would be worse in terms of transport because there would be higher concentrations of nutrients because they are coming from us and not the water. Kristen Beck, Outdoor Adventures, Sebastian, asked if studies have looked at the economic impact since this issue arose, have had cancellations, fishermen's businesses are down, and urged the governments to act. Dr. Lapointe said an NEP study done years ago came up with a $3.7M number that ecological services provide to our communities and are being diminished by this crisis. Peter O'Bryan, Chairman, Indian River County Board of County Commissioners, said the House and Senate put $2M in last year's State budget for LOBOs and the Governor vetoed the funds, that Senator Negron has that $2M back in this year as a recommendation, and urged Council to work the halls of Tallahassee, or send a resolution or letter of support because this funding is critical to the Lagoon and we need a unified voice. He described successful efforts and funding to create vertical oyster reefs on concrete rubble, explained the formation of the Indian River County Collaborative with one County Commissioner each from Martin County, St. Lucie County, Indian River County, Brevard County and Volusia County to discuss the lagoon on a lagoon wide basis, and said he would get Mr. Gillmor on their email list. Commissioner O'Bryan described the function of the County re -use system which is a gravity feed system, goes to off -site storage then used by Golf Courses for irrigation, and can be stored on County ponds. He said a Monroe County Commissioner he talked to at a meeting said their conversion from septic to sewer was more than $950M. He discussed Indian River County's plan to do a sewer program study in the north county, as an economic development opportunity east of US 1 to the river for commercial businesses. Ms. Coy said the City had approved an agreement with the County for funding for expansion of the sewer system (Davis Street sewer project), and it came to an abrupt halt and asked for the reason. Commissioner O'Bryan cited it was Davis Street, and the holdup was there was one property where right -of -way was needed and the cost was out of the ballpark. Mr. Griffin added it was because the County wanted to start the north county study and Masteller Moler was conducting the study, noting the study is basically from US 1 to the lagoon. Mr. Weragoda said what happens is that they put in the infrastructure and then get only 40% of the people who hook up, so we end up with dry lines which are a costly to the County. Ms. Coy said the City has $100K waiting for the dry line to come through to help businesses and residents to hook up, and urged them to get it going. 7 16 of 82 City Council Workshop Indian River Lagoon January 15, 2014 Page Eight Dr. Lapointe reported on an Everglades Coalition meeting attended by Representative Patrick Murphy who said that he and other representatives are looking at getting federal dollars for septic tank conversions along the Indian River Lagoon, and urged the County Collaborative to work with that delegation. Dr. Robert Weaver, Florida Institute of Technology, said you are not operating in a vacuum, there are research capabilities right here at FIT and Brevard County and people there are taking the problem very seriously, it is a lagoon -wide program and urged them to make use of local resources. Karen Schuster, Sebastian, said people are confused, studies have been going on for thirteen years, and she is tired of hearing of studies and money spent, and Council can't even pass a strong fertilizer ordinance. Mayor McPartlan thank Dr. Lapointe for his presentation. Mayor McPartlan called recess from 8:08 pm to 8:22 pm. Mr. Gillmor thanked Council and staff for putting the workshop together, he heard a lot and there are things we can do but it will be a long process, but there are resources we can tap into, such as using grad students to help with testing. He said he had met with Mr. Griffin and staff and had found that the City has nine outfalls into the lagoon, two will be filtered but the others are not. He said we have done some good things, citing the Stormwater Park is great, but if we could test those outfalls and other places that would be great. Mr. Hill said no matter how we treat rainwater and what comes into the lagoon from the surface, and that will have no effect on septic, and clearly from their studies septic is a big problem, and it would be a good idea to direct staff to come back to us with a couple of different plans to test various water sources throughout Sebastian so we can see what types and how much nitrogen we find, and work from there. He said we have to work closely with IRC to put in the sewer line and if septic is an issue, it will be biggest nearest the water. He said we are doing a good job with grant funding to help businesses to connect, and if it is effective, we may want to bump up that funding. He said he was pleased with tonight's presentation and questions from the audience, and with this information we can move forward, noting it took Tampa Bay decades. He suggested we move forward and do those pinpoint studies. Ms. Coy said for the most part she agrees, that we need to move forward and monitor, and have different systems of monitoring and decide which is better, but said she will branch off and be more aggressive, to say there are things we can do, and finds it shameful that we are the only municipality in Indian River County that does not have a stronger fertilizer ordinance. She said it is a no brainer and doesn't cost any money, and why let another rainy season go by and do nothing. She said let's monitor and filter outfalls, and we can show progress. She said she would like to readdress that issue and agrees with the woman who said they are done with studying, and we know the problem is nitrogen and phosphorous, is it septic tanks or fertizer, we know it is all of that, and multifaceted. She read a letter from Commissioner Jacqui Thurlow- Lippisch from Sewall's Point (see attached). She asked whether she could bring the fertilizer item back. 8 17 of 82 City Council Workshop Indian River Lagoon January 15, 2014 Page Nine The City Attorney said the City does not have a provision in its Code that says once an item is dealt with it cannot come back for a certain time, and it can be brought back with instruction to staff. She said she has received a lot of calls and we need to readdress it. She said she knows she and Mr. Hill are at odds on this. Mayor McPartlan said we can debate the fertilizer issue, but we have discussed it many times and have had experts on both sides of the issue, but right now he would like to address what we are talking about at this meeting and how to move forward. Ms. Coy said fertilizer and septic tanks are common sense, it's getting in the river and we have to stop it, and we need to be alert to all available grants and be sure IRC knows what we are doing, like our available sewer hookup grants, and lean on State and Federal money. She said we do need to monitor, then get the data and make changes to see our progress, but not do nothing for another year and wait for someone else to decide, it is fertilizer first, septic second, stay on top of legislatures at the State and Federal level to get the funding. She said we are the ones to make the decisions, we can't expect residents to do it, so let's do what we can afford. Mr. Adams said we cannot do this in a vacuum, and there are other cities and entities who are doing studies and we need to pool our resources and come together as one unit. He said we need to work with the County to get money to get projects in place, to do the monitoring, use volunteers or students, work with Harbor Branch and get samples analyzed. He said we need to approach this in a united front. Mayor McPartlan said there are several things we can do that don't cost any money, suggested a letter to the Governor for funding for LOBOS, and if it doesn't come through, get with Harbor Branch and partner with the County to get one up here, Harbor Branch and FIT can work together, liked the idea of the oyster reefs and perhaps grasses that were discussed, and take samples before and after they are planted to see the impact. He said we passed the first fertilizer ordinance, we can use the Natural Resources Board to go forward, go into the schools, citing a recent study done by students on the lagoon. He said if we do the oyster reefs, there are a lot of students who need IB hours, and we can get participation for the National Day of Service in April. He said we can find out the cost of that and maybe the County can match that funding. He said he got an education tonight from the presentation that we did not get during the fertilizer meetings, and Dr. Lapointe broke it down into layman's terms. He asked that we have a resolution at the next meeting to Governor Scott. Mr. Gillmor read from a Harbor Branch website, "How to Love Your Lagoon" (see attached), cited the need for public education and noted the Environmental Learning Center as a great education center. He again discussed the education he got from his meeting with City staff this past week about the City outfalls. He said there are a lot of tests we can do, citing the Hach test kit for nitrates, which are inexpensive. He said we need to educate the people of Sebastian and make sure they know how to do the right thing, don't dump things in their ditches or quarter round, make sure there are more doggy bags available especially on the riverfront, put information on the website and Channel 25, and educate people in taking responsibility, and agreed with Ms. Coy that we need to take responsibility to do whatever we can do to get this going. 9 18 of 82 City Council Workshop Indian River Lagoon January 15, 2014 Page Ten Ms. Coy said she agreed to a point that we need consensus and not do things counter- productive to the others, and we are almost on overload of conferences and everyone is coming to different conclusions. She asked why would we not want to relook at fertilizer when everyone around us has already adopted that. She said you are the ones who want consensus and we are sitting out on our own and we didn't take action. Mayor McPartlan said we were the first ones who came to the party when there was no one else. Mr. Hill said that we were the first to come forward and pass a fertilizer ordinance that science has shown will help reduce the amount of pollution in runoff and a responsible way of using fertilizer, and did not want to debate the fertilizer, because it has been a wonderful discussion tonight, but if anyone was watching the same presentation he was, there were a lot of things that would indicate that a blackout period would be of little effect, noting their readings showed higher amounts of dissolvable nitrogen in the dry season than in the rainy season. He suggested we have a group of people here who want to move forward on this issue, and not get caught up in an issue and debate it over and over again. He said Dr. Lapointe's presentation shows that 90% of all nitrogen he feels in the lagoon is coming from sewage and all other nitrogen sources make up 10 %. He said we already have a best management practices fertilizer ordinance in place to apply nitrogen and phosphorous. Ms. Coy said he did not change her opinion and they will hear it from her over and over because it is common sense and she will continue to raise that flag. Mr. Hill said he had complete and utter respect for her but said in 1491 it was common sense that the earth was flat. Mayor McPartlan said we can have a team building exercise when Mr. Griffin gets the information back and go out and build an oyster reef together, and we know we will reduce nitrogen. Ms. Coy said Mr. Hill can dump a bag of fertilizer in there and we'll monitor that. 5. Being no further business, Mayor McPartlan adjourned the Workshop at 8:50 p.m. Approved at the January 22, 2094 Regular Council Meeting. By: Bob McPartlan, Mayor Attest: Sally A. Maio, MMC, City Clerk 10 19 of 82 ILA Mcf SEBASMAN HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JANUARY 22, 2014 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor McPartlan called the meeting to order at 6:30 p.m. 2. Invocation was given by Council Member Richard Gillmor. 3. The Pledge of Allegiance was led by Vice Mayor Hill. 4. ROLL CALL City Council Present: Mayor Bob McPartlan Vice Mayor Jim Hill Council Member Jerome Adams Council Member Andrea Coy Council Member Richard Gillmor. City Staff Present: Interim City Manager, Joe Griffin City Attorney, Robert Ginsburg City Clerk, Sally Maio Administrative Services Director, Debra Krueger Finance Director, Ken Killgore Parks "Supervisor, Chris McCarthy Deputy Police Chief, Greg` Witt Systems Analyst, Barbara Brooke -Reese 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members Mr. Hill said.since he was not able to attend the last meeting when the City Manager recruitment process was discussed, he would like to add it to this agenda for discussion as item 10 B and there was no objection. 20 of 82 Regular City Council Meeting January 22, 2014 Page Two 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 14.016 A. Proclamation — National Human Trafficking Awareness Month — Accepted by Michelle Akins, Circuit 19 STARS (Stop Trafficking and Rescue Survivors) Committee Mayor McPartlan explained the function of Circuit 19 STARS, of which he is a member and introduced Michelle Akins and ? ?. He read and presented them the proclamation. Ms. Akins thanked the Mayor for his help with recognition and awareness of the STARS program. 14.017 B. St. Baldrick's Event — Be Brave and Shave:- Frank Mannino and Missv Elward Ms. Elward updated City Council on the St. Baldrick's Event scheduled for Captain Hiram's on March 15`, to benefit research for childhood cancer, showing'pictures from last year's event and reported over $107,06Q was raised last year in seven weeks. She noted the Indian River County Commission islshaving again this year, and said the goal is $200,000 and 300 heads. Mayor McPartlan'saidhe would sign up, Mr. Hill and Mr. Adams will let her know, Ms. Coy will consider biitonly if they as a team can get $2,500 in donations. Ms. Elward said the Sebastian PD has already signed up and noted that 80% of last year's funds came from Sebastian. 14.018 C. Rusty Roberts, FEC Industries, gave a Power Point presentation (see attached) on the planned All Aboard Florida: passenger train which will travel between Miami and Orlando, with stops in Fort Lauderdale' and` West Palm Beach. He gave the history of FEC, a successor company of the Flagler Company, purchased in 2007 by a NY firm and is now operating as FEC' Industries,with FEC Railway as its sister agency. He said from 1890 to 1;968 the FEC east coast corridor was running passenger rail, and in 1971 Amtrak took over;passenger rail in the US, and the FEC tracks became freight rail and one of the two tracks running up the- corridor was removed. He said FEC will need to put the additional track back down orrthe existing 100 foot wide corridor and and the double tracks will go on the same footprint, with work to begin later this year. He said this is a privately financed operation using company and borrowed funds, they are seeking no government funds and there is no taxpayer risk. He said both Miami and Orlando receive tourists and the train will allow another opportunity to extend their visits in a three hour trip and will remove 3M cars off the road. He said each train will be seven cars and two locomotives, the cost of construction is $1.513 cost, and the only new corridor is from Cocoa to Orlando Airport leasing SR 528 Beach line corridor right -of -way. He displayed the planned stations and amenities in Miami, Fort Lauderdale, West Palm, and Orlando Airport which will all connect with other types of intermodal transportation. He said the trains with a length of 900 feet will travel hourly 32 times per day (16 north -16 south) at a speed of 110 mph in this area, noting freight trains are 7800 feet, there will be no vibration and quieter new engines. He said quiet zones are brought up frequently, that FEC is required to sound horns now and cities are allowed to stop the horns if the cities further secure crossings with quad gates to prevent anyone from trying to beat the trains, and quiet zone construction is the responsibility of the city, FEC can do the work and 2 21 of 82 Regular City Council Meeting January 22, 2014 Page Three charge the cities for it, and quiet zones would require certain liabilities on the part of the city. He said FEC plans to do the work on the crossings later this year and that would be the time for the city to consider quiet zones and do that work at the same time. In response to Ms. Coy he guessed that the cost could be as low as $100K or twice that or more, depending on configuration. He said FEC is currently analyzing the crossings and the City PW Director will be invited to go over their engineering reports, he noted all cities have an agreement to pay for a portion of crossing maintenance, and they will be doing safety upgrades at every crossing with 100% of the funding. He highlighted other safety and automated features, can even synchronize traffic lights and in response to Ms. Coy he said the trains will go through in less than a minute. Ms. Coy said it is hard to be really positive, because there is no value to our citizens and it is all inconvenience, and asked when there might be a'glimmer that service will be here. Mr. Roberts said they are taking a financial risk and this is, the optimal system but if they are successful they may be interested in expanding. Ms. Coy said we have space for a 900 foot platform in Sebastian. In response to Mayor McPartlan, Mr. Roberts said all improvements-will be for double tracks and it will all be done before they operate-the train. In response to Mr. Gillmor, he said both the passenger and freight trains will ru�n'on both tracks on a schedule. 7. CONSENT AGENDA All items on the consent agenda are considered routr'ne. 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: 'lf a member of the public wishes to provide input on a consent agenda item,- tie %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,— January 8;:2014 Regular Meeting 14.019 B. Approve Interlo cal Agreement with IRC Supervisor of Elections for November 4, 2014 General Election and Authorize Mayor to Execute and City Clerk to Attest (City Clerk Transmittal,, Agreement) 14.020 C. Approve Special Event and Road Closures for American Cancer Society Relay ,for Life at Riverview Park on May 9 and May 10, 2014 (ACS Letter, Map and Perk. Use Permit Application) 14.021 D. Approve FY 2014 -2015 Budget Calendar (Administrative Services Transmittal, Calendar) Ms. Coy asked to pull item C, to ask Council to consider approving the event with a 50% fee waiver as has been done for other non - profits, with no objection from the Parks Supervisor and Interim City Manager. Mayor McPartlan asked for a motion on the remaining items. MOTION by Mr. Gillmor and SECOND by Ms. Coy to approve items A, B and D. Roll Call: Ayes: McPartlan, Hill, Adams, Coy, Gillmor Nays: None Passed: 5 -0 3 22 of 82 Regular City Council Meeting January 22, 2014 Page Four MOTION by Ms. Coy and SECOND by Mr. Gillmor to approve item C with everything she said before. Roll Call: Ayes: Hill, Adams, Coy, Gillmor, McPartlan Nays: None Passed: 5 -0 8. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee membernominations and appointments under this heading. Richard Gillmor gave a report on his attendance at the Florida Institutes of Technology Congressional Briefing yesterday, noted they developed the Indian River Lagoon Research Institute last year and have received funding of $1.1 M funded from St. Johns River Water Management District. He had provided his notes to each member of Council. He said that Dr. Weaver stressed the importance of getting baseline measurements from lagoon. 14.012 A. Planning and Zoning Commission i. Interview, Unless Waived, and Submit Nominations to Fill One Regular Member Position with Term.to:Expire° °February 1, 2017 (City Clerk Transmittal, Application, Ad, Member List) The City Clerk noted that Mr. Durr.was the only applicant for his terminated position on Planning and Zoning. Mr. Hill nominated Mr. Durr and:Ms..Coy seconded the nomination. Since there were no other applicants or nominations, Mr. Durr was appointed. 9. PUBLIC HEARINGS:- :.None 10. UNFINISHED7BUSINESS 14.022 A. Update on Status` of ;Capital Proiects (Administrative Services Transmittal. ;Capital Proiects Status Report-as of 12/31/13. Approved CIP 2014 -2019) The Interim City Manager said upon the departure of the former City Manager and being named Interim, he instituted' Management Team meetings to increase communications and camaraderie between Departments, had an all hands staff meeting in Chambers to clarifyour expectations of one another, and after the new year embarked with meetings with justthe department heads on projects, needs and wants, and while he thought he had a general. idea of what was going on, it was an eye opener on what was actually happening, a"hd he asked the Finance Director to make a presentation on capital projects and perhaps we can discuss project prioritization, and some of the problems we may have going forward. Finance Director, Ken Killgore, read from the categorized Capital Project Status Report with status explanations on page 42 of the agenda packet, stating he hoped Council understood what staff has been through in the last couple of years with cut backs, noting not all projects can be done at the same time and have to be prioritized. He said the additional page is last year's approved Capital Improvement Program which lists projects anticipated this coming year. He said with the 2015 FY budget process starting, anticipated projects are subject to funding, he stands ready to assist Council and answer questions to best of his knowledge. 4 23 of 82 Regular City Council Meeting January 22, 2014 Page Five The Interim City Manager said Council is probably wondering why this is coming forward now, and advised Council when they look at the list of projects, if there is something there in each of their prioritization schedules, to let him know; that he hears comments from the dais that we have done more with less and he appreciates that, but projects for other departments such as Community Development are not on that list, and he did not want to be known as the person who did less with less, that we need to be sure we have enough resources and manpower that will support what we are trying to do. He asked them to look at the list again and said we can do a one on a one, and try to complete the projects as best we can. B. City Manager - Added Mr. Hill said he was not able to be at the last meeting when the City Manager recruitment process was acted upon, that this is one of the most important decisions that City Council makes, they hire three Charter Officers, and it is,their responsibility to make the right decisions. He said he viewed the last meeting on DVD and found it interesting to hear some of the comments made. Ha said when they started this,process, he felt strongly that it was premature to go forward with hiring Mr. Griffin because we needed to do more diligence to go through the process, and since that time got" in touch with Mr. Griffin, got his resume and had an opportunity to :talk to him about his management and leadership style. He cited comments made by Council Members about Mr. Griffin on January 8 , all of which were positive in favor of Mr. Griffin and that he would be an excellent choice, and he agreedwithall;that was said;, °He said Mr. Griffin has been with us since 2006, then reviewed his resum0, ;cited discussions he had with staff and several community leaders about Mr. Griffin and'it was all good. He noted Mr. Griffin has a BS, MBA, and,JDand.a tremendous'amount ofiexperience. He said Mr. Griffin's resume is more impressive than that of the past two City Managers we hired. He said Mr. Griffin ha §!tremendous life experiences and is trustworthy and all Council Members agree. He said'atthat first meeting he thought it was important not to appoint right out of the gate, but he g`ot to.know him. a, little- better, and he is comfortable with him as are the other Couneilimembers,: and sincelCouncil has said he is already at the top of our list, we probablyVon't get much else. He said a comment by Council Member Adams was `glossed over whehy he said he. wanted a two pronged approach, to look at other people ihthe City and if no one els& is qualified then go out, and Mr. Adams confirmed that was his =intent. Mr. Hill said we have done our due diligence and hired the City Attorney and City Clerk in -house without going through the process and if we go through the process it will cost !up to $10K for background checks and for travel, to end up hiring Mr. Griffin. He said this: is: a. very transparent process and we have the right person now. MOTION by Mr. Hill and SECOND by Mr. Gillmor to suspend recruiting efforts and to appoint Mr. Joe Griffin to the City Manager position and direct a committee to negotiate a contract with Mr. Griffin and present it at the next Council meeting for Council to approve or disapprove, and that committee to consist of Sally Maio, Bob Ginsburg and Debbie Krueger. Ms. Coy said her only problem was that her comments were taken out of context, that Mr. Griffin is a good guy and doing a great job, and she agrees he is a good candidate but more important is her belief in the process of fairness, and the process gives everyone a fair opportunity to apply. She said this is nothing personal, that he is a great guy, but she can't support it because she believes everyone should have an equal 5 24 of 82 Regular City Council Meeting January 22, 2014 Page Six opportunity in the process equitably, and we need to do the process and have a natural outcome. She said it was not difficult the last time. She said it was a little unfair to add on the agenda item when the public was not notified. Mr. Hill apologized and said it was not his intention to take her comments out of context, and noted at the last meeting only one person spoke under public comment and it was favorable for Mr. Griffin. Mr. Adams said he felt we need to go through the process, that Joe is a great guy, but not just hand the job to someone, make it transparent and avoid the impression of a good old boy club. Mr. Gillmor said everyone knows how he feels, and had we done things differently we wouldn't be in this process. He said in light of all the different projects we just saw on our plate, for whoever they choose the learning curve is very steep, citing his difficult experience with learning the process when he was first elected, said we are asking someone new to bone upon projects, the City is at skeleton crewand we are doing more with a very efficient lean crew and to !bring someone in new Will '156 a stretch. He said we will go through the process and we'll be right back to appoint! Joe Griffin, and most importantly City employees are in Joe's camp and they like his like his transparency and management style, and he has:complete confidence in his capability and his character. Mayor McPartlan said he originally_ nom inated.to appoint Mr. Griffin, and then changed his mind at the next meeting to go through the process to be transparent and that's what he will be doing.. Mr. Hill withdrew, his motion. 11. PUBLIC INPUT `I: Graham Cox,;George"Street, Sebastian, Audubon Society Board, said they had received =ij unding for garden boxes in schools, and asked to be on a future agenda to bring a video that, shows what w-6 have done in the kids' own words, all money has been spent and he is asking governments and agencies to chip in to help them build more in some of the other'schools. Mayor McPartlansuggested he get with the Interim City Manager and perhaps he can put him in touch`with the City Natural Resources Board. Mr. Cox encouraged the Council to pass a stronger fertilizer ordinance to be consistent with Indian River County. Jim Sunnycalb reported on an event on January 27th at the North Indian River County at 7 pm with Ilka Daniels and Bruce Dangerfield regarding wildlife dos and donts; and cited his own website sunnyswildlife.com which identifies snakes and birds and other wildlife; and reported on Vero Beach's event in Riverside Park for dogs and he and Ilka Daniels thought such an event would be good for Sebastian. Ms. Coy said she would love to see something like that here and suggested Ilka Daniels could get with the Parks Supervisor. 6 25 of 82 Regular City Council Meeting January 22, 2014 Page Seven 12. NEW BUSINESS 14.023 A. Approve Resolution No. R -14 -01 — Requesting State Funding for Indian River Lagoon Research (ICM Transmittal, R- 14 -01) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, URGING STATE LEGISLATORS AND GOVERNOR SCOTT TO RECOGNIZE THE EXTREME IMPORTANCE OF THE FRAGILE INDIAN RIVER LAGOON, A DESIGNATED ESTUARY OF NATIONAL SIGNIFICANCE, TO THE ENTIRE STATE OF FLORIDA; REQUESTING THAT THE STATE RECOGNIZE THE NEED FOR IMMEDIATE ACTION TO ADDRESS THE HEALTH OF THE INDIAN RIVER LAGOON AND PROVIDE ADEQUATE FUNDING FOR TESTING TO FIND THE SOURCES OF POLLUTION AND CREATE METHODS TO RESTORE THE LAGOON'S HEALTH TO PREVENT ANY FURTHER LOSS OF DYING MARINE LIFE AND DEMISE OF ONE OF FLORIDA'S MOST TREASURED ECOSYSTEMS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R -14 =01 by title. MOTION by Ms. Coy and SECOND by Gillmor to adopt Resolution 'No.' R- 14 -01. Roll Call: Ayes: Adams, Coy, Gillmor, McPartlan, Hill Nays: None ; Passed: 5 -0 13. CITY ATTORNEY MATTERS The City Attorney said Vero Beach is looking to the State to fund improvements that may be necessary for quiet zone funding, as are. other communities and if we are interested in that we may need to get our application in there too in case there is action at the State level. Mayor McPartlansuggested the Interim City Manager put this on his to do list. 14. CITY MANAGER MATTERS The City Manager said although FEC,will make the initial changes to the crossings, the City will be responsible for crossing-maintenance, and we need to keep in the back of our brains what those costs will be when we budget going forward. Ms., Coy said it was mentioned that the last train leaves at 11 pm and we are half way so at 112 :30 am is our last horn, and it might not be worth the effort with the expense. Mr. Hill said it may be worth having an application in. Mr. Griffin said it might be worth it at certain crossings. . 15. CITY CLERK MATTERS None. 16. CITY COUNCIL MATTERS A. Vice Mayor Hill None. 7 26 of 82 Regular City Council Meeting January 22, 2014 Page Eight B. Council Member Adams Mr. Adams asked if we had met with representatives of FEC and suggested we have a workshop to ask the public if they want quiet zones. The Interim City Manager said in October Mayor McPartlan, Mr. Minner and he met with Mr. Roberts and a West Palm law firm, and the reason he brought Mr. Roberts here tonight was so we do not fall behind if we have to go through this application process for quiet zone before construction, noting this will be dual track system and he is thinking about the expense of maintaining the crossings. He said -if it is Council's consensus to do a workshop to get public input, he is open to what, they decide. Mayor McPartlan said he believed FEC will give public presentations for questions and answers, and noted the FEC owns the property :.and allow us to,cross their railroad. Ms. Coy said we can combine their presentation with our workshop,:. and again said we have the space for a station and need tostart lobbying now. Mayor`McPartlan said they are looking at twenty years ahead before possibleaexpansion. Mr. Hill said ridership would go down if they don't'have the three hour travel window. Mr. Adams asked, when they do upgrades to the crossings, if there is anything we need to do, can we schedule it at the same time'.The Interim City Manager reiterated his *., concern about the subsequent crossing, maintenance and now with two rails, the budget number for that maintenance will have #o be considered. C. Couricil' Member: Cov None. D. Council .Member Gillmor 14.023 i. Discuss Methods for Local Testing of City Outfalls and Retention Areas Mr.-:Gillmor said it was brought out yesterday at FIT the need for baseline measurements, and suggested we look at the possibility of getting volunteers. He said he had talked to Dr. McAdams: at the Charter JHS, and perhaps we could get high school kids, enlisting Harbor Branch or FIT grad students to help us look at what we have in our city ditches, canals, and ponds. He described test kits available that test 90 different pollutants, volunteers could gather samples and bring them to the City to log. He discussed testing retention and stormwater parks, and possible effect of the aeration fountain of Easy Street Park pond. Ms. Coy said the pond has no outlet and is fed from runoff. Mr. Gillmor said aeration has been shown to treat nitrogen, and that wetlands can remove nitrogen, citing areas we seeded with wetland grasses which are doing great. He said we cannot control what is in the St. Sebastian which comes from areas outside the city limits and County canals which come through citrus. Ms. Coy asked if the tests tell the difference between septic and fertilizer nitrogen and Mr. Gillmor said it would not. 8 27 of 82 Regular City Council Meeting January 22, 2014 Page Nine Mr. Gillmor said his second point is we were first to pass a fertilizer ordinance, he would like to bring it up again, and saw the value in being consistent with IRC and others. Discussion followed on Ms. Coy's concern for using volunteers collecting samples, because it would lose scientific value and Mr. Gillmor said we would need a grad student to assist. Ms. Coy said we can invite them to do the study and Mr. Gillmor said they can't be here every day. Mr. Hill said you can have staff take samples, and said he would be in full favor of the City Manager coming up with a plan for testing, such as after a major rain event, make sure the tests are consistent and send off to Harbor Branch to determine the source of the nitrogen, whether septic or fertilizer. Ms. Coy again said we can have a grad student from FIT do, it, they have the $1.1 M, because we need someone who is a professional. ° Mr. Gillmor said you don't need to be professional to read a meter, they can get:the samples and bring. it back here to test it, we need a grad student to tell us how and'where to take the water from,.the location and depth of water and then chart it here and`give the results to Harbor Branch or FIT. Mayor McPartlan asked the Interim City Manager: to get with Dr. Lapointe at Harbor Branch or Dr. Weaver at FIT._ ,. Mayor McPartlan said the Friends'dSt: Sebastian River were here at the workshop and said maybe they could do it. Ms. Coy said she would call FIT tomorrow. E. Mavor McPartlan Mayor McPartlan` reported on:the, January 9t' Pioneer Festival at Fisherman's Landing, it was rainy-but they had ;a great turnout, that he was contacted by a journalist from Germany, and.he . and the Clerk sent them some information and there is more to come :from the event.' He noted even :Teddy Roosevelt was there. Mayor. McPartlan spoke about the rains that flooded Ft. Pierce on Jan 9t', noting we don't see. that type of flooding in Sebastian. Ms. Coy said we spent a lot of money on drainage'since 2005. 17. Being no further business, Mayor McPartlan adjourned the Regular Meeting at 8:25 p.m. Approved at the February 92, 2094 Regular Council Meeting. By.', Bob McPartlan, Mayor Attest. Sally A. Maio, MMC, City Clerk 9 28 of 82 an« SE T! N HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL FORM Council Meetinq Date: February 12, 2014 Agenda Item Title: Mutual Aid Agreement Between City of Sebastian and City of Vero Beach for Law Enforcement Assistance 7e -IL-1C' z/ Recommendation: Move to approve and authorize Mayor to Execute Mutual Aid Agreement Background: There has been an active Mutual Aid Agreement with the City of Vero Beach for several years and it is set to expire this year. The Police Departments work together to ensure our communities are safe and secure. We foster a great working relationship and we wish to continue this relationship which is mutually positive to both the City of Sebastian and to the City of Vero Beach. If Agenda Item Requires Expenditure of Funds: Total Cost: 0 Amount Budgeted in Current FY: If Cost Requires Appropriation: Amount of Appropriation Required: Fund to Be Utilized for Appropriation: Attachments: Agreement (2 originals will be executed) City Manager Authorization: Date: 29 of 82 Office Of The CHIEF OF POLICE January 23, 2014 Chief Michelle Morris Sebastian Police Department 1201 Main Street Sebastian, FL 32958 Dear Chief Morris, City of Nero Beach 1055 - 20th STREET VERO BEACH, FLORIDA 32960 -6441 Telephone (772) 978 -4600 M, Fax (772) 978 -4691 Enclosed please find two (2) original copies of the Mutual Aid Agreement between the City of Vero Beach and the City of Sebastian. Please sign and obtain the other appropriate signatures and return one original to us for our files. I look forward to continuing our excellent working relationship. If you have any questions, please give me a call. Sincerely, / 1 ' '�j David Currey Chief of Police 30 of 82 VOLUNTARY COOPERATION AGREEMENT BETWEEN THE CITY OF VERO BEACH, FLORIDA AND THE CITY OF SEBASTIAN, FLORIDA WHEREAS, it is the intent of this Agreement that because of the existing continuing law enforcement problems, especially those that cross jurisdictional lines, and in order to ensure that the preparation of law enforcement will be adequate to deal with such activity, protect the public peace and safety, and preserve the lives and property of the people, and WHEREAS, the City of Vero Beach, Florida, and the City of Sebastian, Florida have the authority under Chapter 23, Florida Statutes, the Florida Mutual Aid Act, to enter into a Voluntary Cooperation Agreement. NOW, THEREFORE, BE IT KNOWN THAT the aforesaid law enforcement agencies hereby approve and enter into this Agreement whereby each of the agencies may request and render law enforcement assistance to the other in dealing with the investigating homicides, sex offenses, robberies, assaults, burglaries, larcenies, gambling, motor vehicle thefts, drug violations pursuant to Chapter 893, F.S., backup services during patrol activities, and inter - agency task forces. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: SECTION 1: In the event that a party to this Agreement is in need of assistance as set forth above, they shall notify the agency from whom such assistance is required. The agency head whose assistance is sought shall evaluate the situation and his available resources, and will respond in a manner he deems appropriate. Where investigative priorities arising during a law enforcement operation require crossing of jurisdictional lines, each party agrees to notify the agency head or his designee prior to, or as soon as possible after, jurisdictional lines are crossed. 31 of 82 SECTION 2: Each parry agrees to furnish necessary equipment, resources, and facilities and to render services to each other provided, however, that no party shall be required to deplete unreasonably its own equipment, resources, facilities, and services in furnishing such mutual aid. SECTION 3: The political subdivision which furnishes any equipment pursuant to this Agreement shall bear the loss or damages to such equipment and shall pay any expense incurred in the operation and maintenance thereof. The political subdivision furnishing aid pursuant to this part shall compensate its employees during the time of the rendering of such aid and shall defray the actual travel and maintenance expenses of such employees while they are rendering such aid, including any amounts paid or due for compensation due to personal injury or death while such employees are engaged in rendering such aid. SECTION 4: Each agency shall bear the liability arising from acts undertaken by its personnel pursuant to this Agreement. All of the privileges and immunities from liability, exemption from laws, ordinances and rules, and all pension, insurance, relief, disability, worker's compensation, salary, death and other benefits which apply to the activity of such officers, agents, or employees of any such agency when performing their respective functions within the territorial limits of their respective public agencies shall apply to them to the same degree, manner, and extent while engaged in the performance of any of their functions and duties extraterritorially under the provisions of this Mutual Aid Agreement. The provisions of this Section shall apply with equal effect to paid, volunteer, and auxiliary employees. SECTION 5: The resources or facilities that are assigned by the assisting agency shall be under the immediate command of a supervising officer designated by the assisting agency. Such supervising officer shall be under the direct supervision and command of the agency head or his designee of the agency requesting assistance to the extent that the supervisory officer designated by the assisting agency feels such commands are consistent with his agency's rules and regulations and state statutes. WZOstYA SECTION 6: Whenever the employees of any law enforcement agency are rendering aid outside their jurisdiction and pursuant to the authority contained in, or to any written agreement entered under, this part, such employees shall have the same powers, duties, rights, privileges, and immunities as if they were performing their duties in the political subdivision in which they are normally employed or appointed. SECTION 7: This Agreement shall be in effect from January 1, 2014, through and including December 31, 2016. Under no circumstances may the Agreement be renewed, amended, or extended except in writing. SECTION 8: Any party may withdraw from this Agreement upon written notice to the other party. IN WITNESS WHEREOF, the parties hereto cause these presents to be signed by their duly authorized officers on the above mentioned date. ATTEST: V141 FrA11 tW-A City Clerk Approved as to form and legal sufficiency: CITY OF VERO BEACH, FLORIDA Mayor Approved as to technical requirements: / 1 Ci ttorney City anager 16E>- q�� - Chief of Police 33 of 82 ATTEST: City Clerk Approved as to form and legal sufficiency: City Attorney CITY OF SEBASTIAN, FLORIDA Mayor Approved as to technical Requirements: City Manager Chief of Police 34 of 82 aiy of HOME OF PELICAN ISLAND CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Alcoholic Beverage Approval for Agenda No. %6 —l'fd3Z Marini Party at Community Center Department Origin: Approved for Submittal by: Interim City Finance Director Manager City Attorney: Y City Clerk- Date Submitted: February 4, 2014 For Agenda of. February 12, 2014 Joseph Griffin, Exhibits: Receipt and Copy of Rental Permit Application EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION None N/A REQUIRED: None SUMMARY Steve Marini is seeking Council approval to serve alcoholic beverages for a birthday party at the Community Center on February 15, 2014 from 6:00 until 10:00PM. Staff has verified applicant's date of birth. They are expecting 60 to 75 people to attend the party. RECOMMENDED ACTION Move to approve alcoholic beverages at the Community Center for the Marini birthday party on February 15, 2914 from 6:00 until 10:00PM. 35 of 82 CITY OF SEBASTIAN FACILITY RENTAL PERMIT APPLICATION SEE ROME OF PFUCAN HAND 1225 Main Street Sebastian, FL 32958 Parks Phone: (772) 228-7054 omcarthy@cityofsebastian.org Office Use only: O Yacht Club S250 Security Pd: Date Wais Rental Fee 7% Tax Mailing Address (if different) Total Rental Pd: Date Initials Gty Manager Approval: Date Initials Park Supt, Approval: Date Initials City Council Approval: Date (if applicable) Police Hire Verification: Time: From To (if apofcable) Inflials Date: Community Center O Yacht Club Name of Permittee (permits may only be issued to an adult) Name of Organization (if applicable) k 1_�' k't!J(( ( «LIr :Ur Physical Address Mailing Address (if different) s,4 l n t" x-173 City State Phone E -Mail Reason for Rental — Type -6f Function & S (::�' Anticipated Number of Attendees (if more than 75 attendees, police services are required by R- 10 -15) Requested Date Time: From To Please answer the following yes or no:,r� 1) Are you a resident of Sebastian? 2) Will there be an admission charge or door charge? ; ✓� 3) Will alcoholic beverages be served? If yes, please provide govt. issued ID proof of age j? -1 i It 7 Date of Birth Verified by the undersigned, acknowledge that I am the applicant or authorized agent of the above referenced organization, that I am aware of the provisions of the City of Sebastian Codes and Resolutions in respect to this application and use of City facilities for which i have applied and agree to abide by all rules and regulations set out for use of City facilities. I understand that the $250.00 security deposit will be refunded if the building is left clean and undamaged, however, failure to clean the focilitles immediately after the use, or causing any damage to the facility will result in forfeiture, in part or ful Z1h sec urity deposit. i Sig,rxi'[406f Applicant is ('C' ;•_'7 36 of 82 Total Paid Z/ of 0 y Initials White - Dept. of Origin • Yellow - Finance - Pink - Applicant L- 37 of 82 CITY OF SEBASTIAN FINANCE DEPARTMENT RECEIPT 8989 S-Vz ve" Mart " ` Name ❑ Cash �� �" 21 eck # g� y 4 Date - Corrrmnni�j ('in%.r Amount Paid � 1s,Zt�l� Gip. -�GP 1'i -oy 001001 208001 Sales Tax 001001 220000 Security Deposit -Com. Center 001001 220000 Security Deposit -Yacht Club 001501 322900 Garage Sale Permit - 001501 329500 Alarm Citation 001501341920 Copies 001501 351140 Parking Citation 001501 354100 Code Enforcement Fines 001501 342100 Police Security Services 001501 359000 Other Fines /Forfeitures 200. c�D 001501 362100 Rent - Royalties/ Com. Center 001501 362100 Rent/Royalties/Yacht Club 001501 362150 Park Rent/Pavilion /Elect 001501 369900 Other Miscellaneous Revenue Total Paid Z/ of 0 y Initials White - Dept. of Origin • Yellow - Finance - Pink - Applicant L- 37 of 82 aly OF HOME Of PELICAN ISLAND CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Alcoholic Beverage Approval for Agenda No. 7E-N,03-3 Cafro Party at Yacht Club Department Origin: Approved for Submittal by: Interim City Finance Director: Manager City Attorney: City Clerk: Date Submitted: February 4, 2014 Joseph Griffin. For Agenda of: February 12, 2014 Exhibits: Receipt and Copy of Rental Permit Application EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION None N/A REQUIRED: None SUMMARY Lisa Cafro is seeking Council approval to serve alcoholic beverages for a birthday party at the Yacht Club on March 1, 2014 from 2:00 until 7:OOPM. Staff has verified applicant's date of birth. They are expecting 40 people to attend the party. RECOMMENDED ACTION Move to approve alcoholic beverages at the Yacht Club for the Cafro birthday party on March 1, 2014 from 2:00 until 7:00PM. 38 of 82 CITY OF SEBASTIAN FACILITY RENTAL PERMIT APPLICATION CMCF SET HOME OF PELICAN ISLAND 1225 Main Street Sebastian, FL 32958 Parks Phone: (772) 228 -7054 cmcarthy @cityofsebastian.org Office Use Only: $250 Security Pd: Date Initials Rental Fee 7 % Tax Total Rental Pd: Date Initials City Manager Approval: Date Initials Park Supt. Approval: Date Initials City Council Approval: Date (if applicable) Police Hire Verification: (If applicable) Initials Date: 112 W 14 ❑ Community Center 1P Yacht Club Name of Permittee (permits may only be issued to an adult) Name of Organization (if applicable) (31 flaY front Ter i 'q c e Physical Address Mailing Address (if different) Se a17 Fear Ida g©f-ls5 - g 7 90 City State Phone E -Mail 05th hlrrhdav p��f Reason for Rental — Type of Fu 10 Anticipated Number of Attendees (if more than 75 attendees, police services are required by R- 10 -15) N107 1 ,zO)1 '2P -7 p Requested Date Time: From To Please answer the following yes or no: 1) Are you a resident of Sebastian? i S 2) Will there be an admission charge or door charge? h O 3) Will alcoholic beverages be served? e S If yes, please provide govt. issued ID proof of age 7/ 2 1 1 Q q L Date of Birth 1 / 0 Verified by I f G^ a r r G , the undersigned, acknowledge that I am the applicant or authorized agent of the above referenced organization, that I am aware of the provisions of the City of Sebastian Codes and Resolutions in respect to this application and use of City facilities for which 1 have applied and agree to abide by all rules and regulations set out for use of City facilities. I understand that the $250.00 security deposit will be refunded if the building is left clean and undamaged, however, failure to clean the facilities immediately after the use, or causing any damage to the facility will result in forfeiture, in pV or full, of the security dep sit. 31g1hature of Aj5p[Uc t 39 of 82 CITY OF SEBASTIAN FINANCE DEPARTMENT RECEIPT nn I. I. t7 15Q f �17r� Name ❑ Cash Date 7"3- U�efieck # 10 ya, � F c w� ❑ Credit sQs�jf/,r�l flL 1, Z�J Zp 7Q Amount Paid 001001 208001 Sales Tax'' 001001 220000 Security Deposit- y,4,�f Ci~u� 7-50.06 001501 362100 Taxable Rent- Y&O e i "b 00 001501 362150 Non - Taxable Rent- , 450010 369900 Airport Badge 001501 329500 Alarm Permits 001001218010 CobraServe 001501 354100 Code Enforcement Fines 001501 347557 Community Center Revenue 001501341920 Copies 001501 369900 Miscellaneous Revenue 001501 359000 Other Fines /Forfeitures 001501 351140 Parking Citation 001501 342100 Police Security Services f�A� Total Paid M3_71 Initials White - Dept. of Origin • Yellow - Finance • Pink - Applicant 40 of 82 Subject: Ordinance 0- 14 -01, Florida City Agenda No. 9A- / • 01 S Gas Franchise, 2 "d reading and public hearing Department Origin: Community Development Administrative Srvc: JAIJ Approved fo . ubmitt 1 by• Finance Director: ' City Attorney: City Clerk: Joe Griffin, Interim City Manager Date Submitted: January 17, 2014 For Agenda of: February 12, 2014 Exhibits: Ordinance 0- 14 -01; map exhibits EXPENDITURE AMOUNT APPROPRIATION FUNDING SOURCE: REQUIRED: -0- BUDGETED: -0- REQUIRED: -0- N/A faualuF-'lW Staff has been working with Florida City Gas for approximately 2 '/z 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 Hold public hearing. Staff recommends City Council approve the Ordinance 0- 14 -01, Florida City Gas Franchise Agreement. 41 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: 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. 42 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 5. 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 43 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 44 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 45 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. 1. 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 46 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 47 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 7 48 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 day of , 2014. 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 8 49 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 , 2014. PIVOTAL UTILITY HOLDINGS, INC. d /b /a Florida City Gas By: Title: Subscribed and sworn to before me this day of , 2014. Notary Public in and for the Sate of Florida My Council expires 9 50 of 82 AGENDA TRANSMITTAL Subject: City Manager Selection Process Agenda No. 104 ' A/ D 14 Approved for bmitta : Department Origin: Administrative Se es: City Clerk: City Attorney: Joseph Griffin, frterim City Manager Date Submitted: February 4, 2014 For Agenda of: February 12, 2014 Attachment: 1. Draft City Manager Job Advertisement 2. Draft City Manager Position Recruitment Profile 3. ICMA and Florida City & County Management Association's Range Rider Program 4. Range Rider "Typical City, Town or County Manager Search Process and Timeline: 5. Comparison City Manager Salary and Benefit Data (for information & review) EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: N/A 0.00 REQUIRED: N/A SUMMARY On January 8, 2014, City Council instructed staff to use the services of the ICMA Range Rider Program to assist City staff in the City Manager hiring process as long as the cost of the Range Rider service did not exceed $5,000. Mr. Kurt Bressner, ICMA Range Rider, resides in Vero Beach, and has agreed to provide his services to the City at no cost. Following are the four (4) major decision points by City Council this evening in order to move forward with the City Manager hiring process: 1. Review and approve the Draft City Manager Job Advertisement and Draft City Manager Recruitment Profile. Mr. Bressner will facilitate this discussion, so if additions or corrections are needed they can be incorporated into the document this evening. 2. Determine if a salary range is to be established for the position. If so, what would the range be? (Al Minner's starting salary on 6/l/2005 was $92,422, and ending salary on 12/13/2013 was $115,348). 3. Review and discuss the recruitment process the Range Riders recommend. 4. Confirm a desired timeline for the recruitment. Once these decision points have been reviewed, discussed and approved, City staff will immediately begin advertising this position. We have established a tentative application cutoff date of March 28, 2014. RECOMMENDED ACTION Move to approve the City Manager Advertisement and City Manager Recruitment Profile and any changes resulting from discussion this evening. 51 of 82 CITY MANAGER Salary Range: DOQ and Experience The City of Sebastian, Florida is a scenic waterfront community, located in Indian River County approximately midway through the east coast of the Florida Peninsula (between Melbourne and Vero Beach) in an area known as the Treasure Coast. It is recognized as the Home of the Pelican Island, the first designated wildlife refuge in the United States, a Millennium City, and a Tree City USA. A complete position profile is available at the City's website at: http://www.citvofsebastian.org The City has a population of approximately 23,000 living in an area of approximately 14.6 miles. The City provides a wide range of services including general government administration, police protection, the construction and maintenance of local roads, public works, recreational and cultural activities, a golf course, a general aviation airport, and a building department to enforce building codes. For fiscal year 2014, the total budget is $21.8M, of which $10.06M is for General Fund operations. Additionally the City of Sebastian has a Community Redevelopment Agency (CRA). The ;p"'sition of 0277, IManager i� stablish�dllby the Charter of,ihe City of Sebastiani "and is res b4ble for iding City ncil with ari ` 1 ual fiscafl(plan of o e ration and for cad�: V out the policie d plans oft e City Cou The Mana er is appointe l(t`r repofo and ses at the pleas�fre e five membe the City Council. The 'C` Manager at ns all too c I'meetings, and reports o egular bas" " a Oif, Council rega ( g matters of polio determinati The 22�-i of Sebast s seekin a energ q i ,, innovativ candidate fo Trull -time C�f Manager's position, wifh master's de reei� publi�rd inistratio business` a nistr and five toears gas I responsible a rience in n,puT . _ 9 Y P �� threl"d`ofypi it c admmistraf`rbn;r a bachelse�e`wi h an egtxivafeht cam ato f training and e e c .Must have interpersonal and consensus building skills, and a track record in redevelopment, financial management and budgeting. Team building and intergovernmental relations a plus. Must be able to provide recommendations on a wide variety of local issues including developing and implementing long -term strategic plans for the City. The City of Sebastian offers a comprehensive benefit package that includes; vacation, sick and discretionary leave, 401A plan, health, dental, vision and life and long term disability insurance. A fully completed and signed City of Sebastian's Application for Employment must be submitted along with a cover letter, resume and salary requirements to: Debra Krueger, Administrative Services Director, City of Sebastian, 1225 Main Street, Sebastian, Florida, 32958, or by email to dkrueger((:Dcityofsebastian.org as a PDF file. Electronic submissions are preferred. Applications can be found at www.citvofsebastian.org, Completed application packages must be received no later than Friday, March 28, 2014 at 4:30 pm. Incomplete application packages will not be accepted. All application packages are subject to public disclosure pursuant to Florida's Public Records Law. Applications, cover letters and resumes received by the City become a public record. The City of Sebastian is an Equal Opportunity Employer /Drug Free Workplace with a commitment to Affirmative Action. 52 of 82 arfOF SFDAS!�AN HOME OF PELICAN ISLAND The City of Sebastian, Florida is seeking an accomplished highly experienced professional to be the next City Manager. The previous City Manager left on good terms to take a position in a larger city after serving for 8+ years at Sebastian. The Community The City of Sebastian is a scenic waterfront community, located in Indian River County approximately midway through the east coast of the Florida Peninsula (between Melbourne and Vero Beach) in an area known as the "Treasure Coast ". The City's population of approximately 23,000 occupies an area of approximately 14.6 square miles. It is recognized as the Home of the Pelican Island, the first designated wildlife refuge in the United States, a r e t, and a Tree City USA. It is a city dedicated to providing ou st°din services it Nors , and offers an outstanding quality of life foisidenh truly care Q . t their cor f : z Se ba ��n is in the Indian the Sf„of Florida, havii The Cif of Sebastian wate 'any, locally know in cl817droximity to round F the intra''bastal verfront ifct is 1Im you'll find shops, restaurants, and parks which host several City festivals each year including the now famous Sebastian Clambake held each November. The community also conducts monthly arts and crafts shows, concerts in the park, and operates an airport and a championship golf course. All within a central location that has easy access to I -95 and the Florida Turnpike. The City of Sebastian has 18 developed parks totaling 315.01 acres, and 10 undeveloped parks totaling 80 acres. The Organization The City currently has approximately 168 employees, and provides a wide range of services including general government administration, police protection, construction and maintenance of local roads, public works, recreational and cultural activities, a golf course, a general aviation airport, community development, and a building department to enforce building codes. For fiscal year 2014, the total budget is $21.8M, of which $10.06M is for General Fund operations. The City of Sebastian has a Community Redevelopment Agency (CRA) that was created by City Ordinance in 1995. Indian River County provides library, Fire/EMS, Water and Wastewater services. Labor negotiations are conducted with the Coastal Florida Police Benevolent Association (Police Officers) and the Coastal Florida Public Employee Association (all other permanent hourly employees). The City of Sebastian operates under a Council- Manager form of government, vesting the responsibility of the daily operations to the City Manager as a charter officer. The City Manager is appointed by and reports to the City Council, which is the governing body responsible for setting policies. The City Manager is the Chief Executive Officer and is responsible for the implementation of Council policies and objectives, code of ordinances, the administration of the budget, and provision of service to the citizens of Sebastian. The City Attorney and City Clerk are charter officers and also report directly to the City Council. Organizational Chart Attached Duties and Functions The City of Sebastian is seeking an energetic, innovative candidate with outstanding leadership skills, offering the right public sector professional the opportunity to accept the challenge and make a difference in a community that takes pride in its history, natural dings and • Provides and recommends an overall fiscal and operational plan to the City Council. • Monitors goals established for the departments and follow up on programs assigned to various departments; coordinates programs across departmental lines. • Directs the development and administration of the City budget and Capital Improvement Program. • Reports both orally and in writing on a regular basis to the City Council regarding matters of policy determination. • Evaluates operating performance of City departments and divisions. • Has the ability to hire and terminate any city employee under his or her jurisdiction in accordance with the law and the personnel rules of the city. • Provides consistent and sound administrative direction to city departments that is consistent with council policy direction. • Processes complaints by citizens and channels the request to the proper department or individual for resolution. • Coordinates the preparation of the annual operating budget. • Monitors implementation of the operating budget, which includes approving administrative transfers and processing budget amendments. 0) • Performs strategic planning for the City. Oversees development of policies and procedures for the municipal organization. • Oversees the implementation of the City's strategic plan, goals, and objectives to meet the operational needs of the City. • Performs operational oversight of the departments. • Fosters intergovernmental cooperation and relations by acting as the City's participant representative with court, state, federal, and inter jurisdictional agencies. • Provides administrative support for, and in cooperation with officials created by City Charter but not under the Manager's direction. • Performs related work as required. Challenges The community is very concerned about the degradation of the Indian River Lagoon. This is a multi- faceted issue involving water quality issues both in the coastal area and upstream. The selected City Manager must be capable of facilitating consensus on proposed solutions and possible options for financing any desired improvements from among a diverse and possibly divergent constituency. lrli th the economic downturn over the past several ar eferring equi ; t reply echnology upgrades and facility maintenance. oing arA, the selec ity Manager challenged to address these areas. In 2+ e City acquire rfr n p th g for g i a Is ho I museum. The se d Ci a e m ave fa tion skil reach a ensus on development o F rope Edu n and Experie This ; tion requires ter's D e from redite , lege or `. rsity wi ajor in P Adminis or Busi Admini on, ivy (5) en (10) s of ic: a munici ® many r arm 'ence equivalent combination of training and experience which provides the required knowledge, skills and abilities. Florida city, county or town management experience is desired. Knowledge, Skills and Abilities • Must have interpersonal and consensus building skills and develop a team attitude between city employees and elected officials. • Experience and understanding of Florida open meetings and public records laws. • A proven track record in redevelopment, financial management, hiring and budgeting. • Intergovernmental relations experience. • Must have a high level of knowledge of principles and management of city government, and be able to provide policy recommendations and develop operational procedures on a wide variety of local issues including redevelopment, economic development & financial management. • Demonstrated skills implementing long -term strategic plans for a city, town or county. • Must have substantial labor and collective bargaining skills. • Possess a conservative fiscal management approach. • Ability to develop and maintain effective working relationships with elected officials, department directors, the general public, and city staff. 3 • Demonstrated ability to lead by identifying and executing action(s) appropriate to the situation, project, and/or program. Compensation and Benefits The City of Sebastian expects to offer a competitive starting salary based on qualifications and experience, and a comprehensive benefit package that includes; vacation, sick, discretionary leave, 401A Plan, Health, Dental, Vision and Life and Long Term Disability Insurance. Residency Past practice has required residency within six (6) months of the effective date of the employment agreement. Application Process A fully completed and signed City of Sebastian's Application for Employment must be submitted along with a cover letter, resume and salary requirements to: Debra Krueger, Administrative Services Director, City of Sebastian, 1225 Main Street, Sebastian, Florida, 32958, or by email to dkrueaerkcityofsebastian.org as a PDF file. Electronic submissions are preferred. Ap lications can be found at www.cityofsebastian.org, Com d applicatio kages must be received no later than Friday, `� 28, 2 4 aft 4:30 pm. mplete applica ackages will not be accepted. All a ration packages $ubj'ec,' u � is, sure p ant to Flo 's Publi cords Law. lications, coven s anc times rece by th ty beco ` ublic re The s ted finalist appl' s will I bjected to a mpre ive bac d chec , The i of Seb t- an Equ F }pportun in g Fre. Workplac th c irmative Actin�City of Se awes °.�b` t►'orkp Resources available from the City include the following documents: 1. This profile at: http: // www .cityofsebastian.org /index.php ?option =com content &view =categ ory &1ayout= b1og &id =31 &Itemid =36 2, The position advertisement at: 3. Current City Operating and Capital Budget at: http: // www .cityofsebastian.ora /index.php ?option =com content &view = category &layou t= blog &id =26 &Itemid =45 4. Demographic and Census Data: http://www.sebastianretirement.com/index.php?or)tion=com content&vIew--article&id =5 &Itemid =l l 5. Comprehensive Annual Financial Report: http: / /www.cityofsebastian.org/ images /stories /PDFs /CCagenda/2012 CAFR.pdf 4 CITY OF SEBASTIAN, FLORIDA ORGANIZATIONAL CHART I CITIZENS OF I SEBASTIAN CITY COUNCIL BOARDS & COMMISSIONS CITY CITY CITY CLERK MANAGER ATTORNEY PUBLIC WORKS ADMINISTRATIVE GOLF COURSE COMMUNITY POLICE SERVICES DEVELOPMENT ADMINISTRATION M" D'S & "FIliTANCE AND PLANNING j MAINTENANCE OPERATIONS ACCOUNTING AND ZONING FLEET MANAGEMENT FACILITIES MAINTENANCE PARKS & RECREATION CEMETERY RESOURCES INFORMATION SYSTEMS PROJECT MANAGEMENT DEPARTMENT ECONOMIC DEVELOPMENT DETECTIVE DISPATCH CODE 1.. ENFORCEMENT 34 57 of 82 ICMA and Florida FCCMA City and County FCCMA Range Management Association's Riders Range Rider Program KURT BRESSNER, ICMA -CM Coordinator* 5721 Riverboat Circle SW Vero Beach, FL 32968 -7524 ange Riders are retired city and county managers with lengthy experience (561) 436 -2328 and who are respected within the. public management field. Range Riders are kbressner @gmaiLcom appointed by the boards of directors of the FCCMA and the International City/ County Management Association (ICMA). MARK DURBIN 2410 Franklin Drive As volunteers, Range Riders provide, at no cost: Kissimmee, FL 34744 ► Career and employment counsel to members; (321) 624 -6071 ► Guidance and counsel to members regarding ethics questions mdurbin @cf.rrcom or concerns; ► Assistance to cities and counties with the managerial form of government; SAMUEL H. HALTER, ICMA -CM ► Assistance to cities and counties that are considering adopting 3501 Bayshore Boulevard Apt. 304 the managerial form of government; Tampa, FL 33629 ► Assistance to civic groups regarding the managerial form of government; (813) 281 -2176 and Samlh39 @gmaiLcom ► Assistance to members -in- transition (MITs) with guidance and direction as they seek new opportunities in public administration. CARRIE P. HILL, ICMA -CM 4576 S. Lake Drive Upon request by the governing body of the jurisdiction and upon verification of Boynton Beach, FL 33436 -5905 a manager /administrator vacancy, the range riders will provide basic guidance (561) 635 -2115 and assistance. Services may include: outlining to elected officials the placement Hi114005 @bellsouth.net process based on ICMA guidelines, determining qualifications, compensation and position requirements, assisting local staff with position advertisements, reviewing RICHARD ,ICMA -CM and recommending semi - finalist candidates based on position standards estab- a e Drive 1521 e Drive lished by the governing body, and providing assistance to the jurisdiction during nd, FL 3 Deland, FL 32724 (386) 951 -4780 the interview phase of the placement process. The governing body shall select rmkelton @eorthlink.net finalists for interviews. PETER G. LOMBARDI Background searches on candidates are not included in the services and should 12124Vicars Lane be conducted through qualified individuals or firms retained by the city or county. Fort Myers, FL 32913 (239) 204 -9181 Range Riders are not "consultants; but serve as colleagues and counselors. plpland @comcast.net To obtain further information about the Range Rider program and its services. RICHARD A. WILLIAMS please contact: 6535 42nd Street, E. Sarasota, FL 34243 -7901 Florida City and County Management Association (941) 309 -3371 Rider Program Rawjoyhowk2@aol.com awjoyhowk2 @aol.com P.O. Box 1757, Tallahassee, FL 32302 *Please contact the coordinator Lynn Tipton, FCCMA Executive Director to discuss which Range Rider can (850) 701 -3637 • 1- (800) 342 -8112 best meet your needs. 58 of 82 Typical City, Town or County Manager Search Process and Timeline Kurt Bressner, ICMA -CM FCCMA /ICMA Range Rider Florida Range Rider Coordinator January 2014 This is a timeline and steps for a typical city, county or town manager search and is based on lessons learned from past placement projects of the FCCMA Range Rider Program. Step One: Develop the position profile and advertisement This involves active participation with elected officials to determine the position requirements as to experience, education and residency as appropriate. In many cases an existing job description and code or charter provisions are helpful resources. In addition, the elected officials should be actively involved in determining the knowledge, skills and abilities that are important for the position. This includes defining attributes and personal style that is of interest to the elected body. In addition, applicants should have relevant public sector or military senior management experience and be members of ICMA, FCCMA and /or their local state city management association. I feel a profile is important, as it is a core document that describes the community and offers key information to a prospective applicant. It is the face of the community during the search process and presents an opportunity to showcase the community as well as disclose specific issues or concerns of the community or organizational needs. The profile should be reviewed and approved officially by the elected body. This part of the process takes about 30 -45 days and includes preparing the final advertisement. An important component of this phase is determining the compensation and benefits to be offered. Adherence to Florida Records Law is essential. I recommend something like this be included on all job information (profile and advertisement): Florida Law requires that all resumes and application materials received by the City for this position becomes a matter of public record upon receipt by the City. (Please see skills and attributes that other jurisdictions have used in city, town or county manager searches. Also attached is a list of desirable components of a recruitment profile). Step Two: Application processes. This is optimally 60 to 90 days but can be compressed to 45 days if necessary. This is the period where applicants submit their interest, resumes, application documents to the agency. It is important, I think, to require that the applicant submit a signed agency employment application with their resume and cover letter. Usually, an employment application contains assurances and warrants that the information on the application is accurate. Also, the employment application contains a standardized format that is easy to review. Resumes come in a variety of formats and designs making comparative review difficult. Also we have seen cases where a completed employment application revealed discrepancies on the resume that warranted follow -up review. Please see the note on adherence to Florida open records laws in Step 1 above. 1 59 of 82 Step 3: Resume /Application Review Process. This can usually be completed in up to 15 days following the close of the application period. At the conclusion of this period, the Range Riders will submit their recommendations for 10 -12 semi- finalists. In accordance with the Florida open meetings laws, the Range Riders may not discuss the qualifications of the applicants privately among themselves. Any discussion must be in the form of a public meeting. Generally, when the Range Riders determine the 10 -12 semi - finalists, this is done by a conference call that is a noticed public meeting and open to the public. The governing body has the responsibility of selecting the finalists for interviews. This should be done at a public meeting. In the event a member of the governing body feels a candidate not on the Range Rider semi - finalists should be considered, the entire governing body at the finalist review meeting should consider the individual. I generally recommend that 5 -7 finalists be selected for interviews. Some agencies choose to do preliminary interviews of semi -final candidates by video or phone. However, the final candidates should be invited for face -to -face interviews. The assigned Range Rider can assist the governing body select finalists for interview. A preliminary background review of all finalists should be completed before the interview. The cost of such a review is about $400 each. The Range Rider Program does not perform background reviews. Step 4: Interviews. The Range Rider Program can assist the agency at this step of the process by providing interview questions and guidance on facilitating the process, as needed. The governing body should make a determination on whether it plans to reimburse travel expenses for applicants. This needs to be communicated to all applicants being considered for interviews. I recommend that the agency reimburse travel expenses as a usual and customary expense of placement. Generally, airfare, car rental, hotel and incidentals for an out of state applicant will run approximately $1,500- 1,800, with the bulk cost being airfare. In state applicants should be offered hotel accommodations, incidentals and car mileage based on the current IRS rate, which in 2014 is $.56 /mile. The agency or a qualified firm should perform a full background review of the top two candidates. Typically, background review includes work history, reference checks, education verification, social media and media review; possible site visits to the candidate's current community, credit checks and legal or litigation review. A full report on the candidate should be provided to the hiring agency before a final hiring decision is made. The cost of a full background review is about $1,800. Step S: Negotiation of Employment Terms and start date. This work is typically done directly by the agency. The Range Rider Program does not offer assistance in this area of the placement. Resources: International City/City Management Association's (ICMA) Recruitment Guidelines 60 of 82 for Selecting a Local Government Administrator: The handbook lays out a good process for what is perhaps one of the most significant responsibilities of elected officials including: -- Resources available to assist in the process conducting the recruitment -- Reviewing applications -- Identifying and interviewing finalists -- Negotiating compensation Exhibits in the ICMA handbook also present resources and publications available, suggested interview questions, and a summary checklist and timetable. The handbook is available at no cost here and is recommended reading by staff and the governing body. http://icma.org/en/icma/aboutloverview/hiring-manager The link provides a useful checklist of search related activities with the document link at the bottom of the page. Respectfully submitted, Kurt Bressner, ICMA -CM FCCMA /ICMA Range Rider Florida Range Rider Coordinator kbressner @gmail.com 561- 436 -2328 KB: 1/17/14 Attachments: Recruitment Profile Checklist including attributes and traits deemed appropriate and beneficial by other agencies during their recruitment of a city, county or town manager. 3 61 of 82 Key items recommended for a City /Town or County Manager Profile 1. Description of the community that includes a history, location, population and key features of the community. This is an important way to put a face on the community and point out the attributes and benefits of living there. Include distance to major population centers, airports, Disney etc. If there are specific and special venues in the community, include a description of them. 2. Description of the local government. Include also information on the size of staff, form of government (i.e. council- manager form), organization chart, budget synopsis, etc. Include a list of governmental services provided directly and a list of services that the agency contracts for either via private contractor or intergovernmental agreement or municipal services that are provided directly by another governmental agency. (Examples could include library, fire and rescue services.) 3. Duties and functions of the City, Town or County Manager (from the Charter, Code or governing board policy) 4. Challenges, Issues and Opportunities - Here a short list of issues facing the agency over the next two years would be very helpful. Try to be descriptive in one or two sentences for each issue. Include any fiscal or collective bargaining issues that are pending. 5. Requirements for the City, Town or County Manager - Education and experience required. Education and experience desirable. In addition, applicants should have relevant public sector or military senior management experience and be members of ICMA, FCCMA and /or their local state city management association. 6. Knowledge, Skills and Abilities - Here a list of essential skills and attributes followed by important skills and attributes is helpful. (See next page for examples taken from other profiles) 7. Compensation - The profile should disclose a salary range and summary of expected benefits, if possible. Some jurisdictions leave this as something like: "the City ofX offers a competitive starting salary based on qualifications and experience." If the city participates in FRS offer deferred compensation or other pension program, this may be considered as a compensation area to include. 8. Residency - If there is a residency requirement, it should be disclosed as well as when it is effective. 4 62 of 82 9. Application and selection process — Include the summary of the process including the deadline to submit the application and /or resume and how the documents should be submitted. Most jurisdictions require electronic submission of .PDF documents. The instructions should be clear as to whom the resumes should be submitted to. Also, because applications become a matter of public record when submitted, the profile should clearly state this. Also, the process should disclose that applicants would be subject to a background screening. I recommend that the agency require applicants to submit a completed City employment application, especially if signature on the form serves as authorization for background screening. Finalists should sign a release for background checks at an appropriate time. 10. Other documents that should be made available either as exhibits to the profile or as links to documents posted on the agency website: a. City, Town or County Charter b. Agency Budget c. Agency employment application (hopefully, in a fillable .PDF form) d. Key planning or community description documents DESIRED CHARACTERISTICS OF A CITY /COUNTY MANAGER 1. Consensus builder 2. Decisive; good judgment 3. Excellent communicator to public, employees, Commissioners 4. Honest, ethical, moral S. Willing to work whatever hours are needed 6. Outstanding leadership skills 7. Keeps composure at all times 8. Sensitive to others' needs and positions 9. Keeps current on County projects 10. Willing to be innovative 11. Available 12. Timely executes Commission policy 13. Treats everyone with respect; even - handed 14. Cooperates with other governments 15. Recruits and retains competent staff 16. Decentralized management style, but holds people accountable 17. Believes in strategic planning 18. Ambassador for the City /County 19. Outgoing, confident, positive, proactive, approachable 20. Good listening skills 21. Demands accountability, and willing to be held accountable Source: Florida Range Riders 5 63 of 82 Presented below is another list of attributes taken from lCMA Source: Florida Range Riders Position Profile Trait Examples Actual samples axtracmedfrom recent ads inJCMANewsletter ~..^demouatrated leadership capabilities..." ~...fiewuaoumuu ..~ ~..*xoeluent^n000univation& interpersonal skills.. ~ "...employeeicitizen relations (skills). - ." ''--------- negotiations (skills). "...technical knowledge of mimicipal operations.. .~ .._—____"_g_,-_,_—_-,__`.- "...bondable... "...progressive, proactive, community-oriented leader..." "...community . —_____"__-_'p-_---_'_g.- ~.. issues..." .. _ __--.. "...establishing ..__-__-" - "...customer "...facilitating a community vision & implementing action plans..." "...strong interpersonal skills..." . . '---' '' "...strong interpersonal & consensus bading skills. - ." (commitment to) team/participative management.. (experience in) personnel management..." (experience in) intergovernmental relations..." (exjmience in) utility managgmenL.." — — — ~.^cousiderable community involvement uu working with vwuonteers...~ "...knowledge "...skilts/knowledge involving (state) laws.-." "...understanding of publiefinancin writing "...conservative fiscal ~ "..bnfiuwuucture replacement & development (experience)..." ''-----------' "...strategic & long-range planning..." "...knowledge of principles & management of city government... ~...capucitym address problems ioproactive mauuer...~ 64 of82 City /County Manager /Administrator Pop. Empl.: Ayepty Title �r� ai`' warq NI a_, xu;;r �14r _£n e, m 238000 1000 Alachua County BOCC COUNTY MANAGER 200,000 160,000 Master's Degree 41500 424 Altamonte Springs City Manager 102,000 175,000 Bachelor's Degree 6900 80 Arcadia City Administrator 73,000 Bachelor's Degree 4492 46 Belleview Clerk /Administrator 69,900 89,100 108,300 88,669 Bachelor's Degree 3200 32 Biscayne Park Village Manager 83,000 Bachelor's Degree 2600 59 Burnett City Manager 65,000 82,500 100,000 97,560 Bachelors Degree 15000 87 Callaway City Manager 70,378 95,010 119.643 109,081 Bachelor's Degree 10526 Si Cape Canaveral City Manager 90,022 129,896 99,500 Bachelors Degree 154305 1728 Cape Coral City Manager 160,000 Masters Degree 17254 437 City of Cocoa City Manager 127,545 Masters Degree 110000 1700 Clearwater City Manager 161,085 Bachelor's Degree 13000 200 Cocoa Beach City Manager 84,891 106,113 127,336 113,797 Bachelors Degree 56000 355 Coconut Creek City Manager 202,556 Bachelors Degree 1776 39 Cresent City City Manager 80,000 Bachelors Degree 3737 40 Crystal River city manager 87,526 Bachelor's Degree 12000 66 Deslin City Manager 119,000 Bachelor's Degree 36000 360 Dunedin City Manager 145,000 Bachelor's Degree 2031 46 Ounnellon City Manager 62,400 70,500 78,600 Bachelors Degree 330000 1250 of County County Administrator 123,779 198,063 149,491 Bachelors Degree 17766 246 Eustis City Manager 140,000 Bachelors Degree 5414 70 FtagterBeach City Manager 90,000 Bachelors Degree 95000 297 County Commissicners County Administrator 141,400 Bachelors Degree 19534 332 Fort Walton Beach City Manager 96,000 Bachelor's Degree 3468 79 Fruitland Perk City Manager 74,000 80,000 88,000 Bachelor's Degree 6500 90 Green Cove Springs City Manager 78,000 96,200 114,400 103,626 Bachelor's Degree 30000 162 Hendry County BOCC County Administrator 121,735 Bachelor's Degree 3000 35 Indialantic Town Manager 95,318 Bachelors Degree 8272 62 Indian Harbour Beach City Manager 77,749 125,703 Bachelor's Degree 850000 8200 ,Iacksonville Officer 240,000 480,000 Bachelors Degree 370 12 .lupiter Inlet Colony Town Administrator 50,000 66,500 83,000 Bachelor's Degree 61036 868 Ftssimmse City Manager 129,958 Bachelor's Degree 4015 71 Lake Alfred City Manager 67,600 84,490 101,379 Bachelors Degree 10000 100 Lantana Town Manager 97,477 Bachelors Degree 585608 2500 tee County BOCC COUNTY MANAGER 192,000 Bachelors Degree 16,820 Marco Island City Manager 78308 950 Melbourne City Manager 158,587 Masters Degree 10900 220 Mount Dora City Manager 125,980 Bachelor's Degree 3328 35 Mulberry City Manager 60,000 65,000 75,000 68,300 Bachelors Degree 54462 974 Ocala City Manager 102,190 137,956 174,075 165,000 Bachelor's Degree 2600 25 Ocean Ridge Town Manager 65,559 75,693 92,227 77,893 Bachelors Degree 170498 772 of County County Administrator 153,296 Bachelor's Degree 5379 63 Okeechobee City Administrator 74,035 81,940 89,845 60,853 Bachelor's Degree 1108882 6756 Orange County BOCC County Administrator 139,526 188,802 236,077 211,661 Bachelors Degree 212000 3000 Orlando ADMINISTRATIVE 137,883 180,960 224,057 179,233 Bachelor's Degree 34000 318 Oviedo City Manager 132,600 Bachelor's Degree 56255 797 Pensacola City Administrator 130,000 Bachelors Degree 127 65 of 82 City /County Manager /Administrator - Continued Pbp., x.. M. 19491 157 Pinecrest Village Manager 165,009 Bachelor's Degree 84000 937 Plantation Mayor 15,000 82,500 150,000 117,221 Bachelor's Degree 3267 48 Pare Inlet Town Manager 69,382 104,073 Bachelor's Degree 56850 432 Pert Orange City Manager 116,646 Bachelors Degree 53000 630 Sarasota City Manager 176,850 Bachelor's Degree L0848 86 Satellite Beach City Manager 96,389 111,224 126,059 126,059 Bachelors Degree 495000 1288 Seminole County BOCC County Manager 176,467 Masters Degree 13031 350 St. Augustine City Manager 131,000 Bachelors Degree 6241 50 St. Augustine Beach City Manager 102,102 Bachelors Degree 9998 132 St. Pete Beach City Manager 121,868 Bachelor's Degree 250000 3708 St. Petersburg Mayor (elected) 162,314 162,314 Bachelor's Degree 22821 330 Tarpon Springs City Manager 92,264 120,452 148,640 Bachelor's Degree 25189 298 Temple Terrace City Manager 135,000 Bachelor's Degree 45523 500 Titusville CITY MANAGER 120,016 Bachelors Degree 5000 100 Wauchula CITY MANAGER 47,341 71,032 Bachelors Degree 2768 95 Wallston CITY MANAGER 70,000 Bachelor's Degree 128 66 of 82 City /County r.r_n!ge. /Administrator -2012 Salary and 2013 Actual _ Err! man lz& 7 op.. Agency Tttle. Po ulation 0 - 5 000 P , Jupiter injet I own Bachelor's 370 Colony Administrator 50,000 66,500 83,000 66,500 10/1/2011 Degree 10+ yrs Bachelors 1776 Cresent City City Manager 80,000 4/1/2012 Degree 10+ yrs ac e o s 2031 Dunnellon City Manager 62,400 70,500 78,600 70,500 1/1/2012 Degree 10+ yrs Bachelor's 2600 lBunnell City Manager 65,000 1 82,500 1 100,000 97,560 6/29/2012 Degree 10+ yrs aceos 2600 Ocean Ridge Town Manager 65,559 1 75,893 92,227 77,893 10/1/2011 Degree 10+ yrs 2670 Port Richey City Manager ACTUAL 2013 80,782 rm aceos 2768 Williston MANAGER 70,000 10/1/2011 Degree 10+ yrs aceos 3000 1ndialantic Town Manager 95,318 10/1/2011 Degree 10+ yrs 3200 jBiscayne Park Village Manager 83,000 83,000 5/1/2012 a or s Degree 10+ yrs Bachelor's Ponce Inlet Town Manager 69,382 104,073 86,728 10/1/2012 Degree 10+ yrs aceos ff3328 Mulberry C ity Manager 60,000 65,000 75,000 68,300 4/12/2012 Degree 5 -7 yrs ruit an ac a or s Park City Manager 74,000 80,000 88,000 80,667 4/2/2012 Degree -Bachelor's 10+ yrs 3737 Crystal River city manager 87,526 87,526 10/1/2011 Degree 10+ yrs acne o s 4015 Lake Alfred City Manager 67,600 84,490 101,379 84,490 4/9/2012 Degree 10+ yrs ME Clerk /Ad minist Bachelor's 4492 lBelleview rator 69,900 89,100 108,300 88,669 51212012 Degree 10+ yrs cily ac a or s 5000 Wauchula MANAGER 47,341 71,032 59,197 2/14/2012 Degree 10+ yrs $79,821 Lowest Salary $59.197 Highest Salary $97,560 129 67 of 82 ty /County Manager /Administrator - 2012 Salary and 2013 P„n. Aai+nc� T3Ifa Mlrt Mid `� ':,'.f7tf �+:(u:;i1�iN71AY:�� 130 68 of 82 Population 5,000 - 10,000 City ac e a s 5379 Okeechobee Administrator 74,035 81,940 89,845 60,853 10/1/2011 Degree -Bachelor's 10+ yrs 5414 Flagler Beach City Manager 90,000 10/1/2011 Degree none St. Augustine Bachelor's 6241 Beach City Manager 102,102 10/1/2011 Degree 5 -7 yrs Green Cove ac e a s 6500 Springs City Manager 78,000 1 96,200 1 114,400 103,626 10/1/2011 Degree L0+ yrs 6510 Dade City City Manager ACTUAL 1013 76,502 � -ity acne a s 6900 Arcadia Administrator 73,000 73,000 4/30/2012 gree 10+ yrs 7711 Brooksville City Manager ACTUAL 1013 92,016 n ran Harbour 8272 Beach City Manager 77,749 125,703 101,726 1/1/2012 10+ yrs t ete 9998 Beach City Manager 121,868 10/112011 Degree 10+ yrs aceos 10000 Lantana Town Manager 97,477 5/3/2012 Degree -13-aclaeiors 10+ yrs ape 10526 Canaveral City Manager 90,022 129,896 99,500 10/1/2011 Degree 10+ yrs 10848 Satellite Beach City Manager 96,389 111,224 126,059 126,059 10/1/2011 aC e O S Degree 10+ yrs ac e o s 10900 Mount Dora City Manager 125,980 10/1/2011 Degree 10+ yrs ceps 12000 Destin City Manager 1 119,000 10/1/2011 Degree 10+ yrs $100,694 Lowest Salary $73,000 Highest Salary $126,059 130 68 of 82 City /County Manager /Administrator 2012 Salary and 2013 Actual yi ' ;3i t�IItui €. Pop. Aoency TitlL+ t1fd'`Cfi Mir?` «gym rlvg?� Population 10,000 - 15,000 ape Liry Bachelors 10526 Canaveral Manager 90,022 129,896 99,500 10/1/2011 Degree 10+ yrs Satel to city ac e 0 s 10848 Beach Manager 96,389 111,224 126,059 126,059 10/1/2011 Degree 10+ yrs city - Bachelor's 10900 Mount Dora Manager 125,980 10/1/2011 Degree 10+ yrs rty Bachelor s 12000 Destin Manager 119,000 10/1/2011 Degree 30+ yrs 12024 Lake City City Manager ACTUAL 2013 111,404 12238 Oldsmar city Manager ACTUAL 2013 139,740 12679 Gulfport ty Manager ACTUAL 2013 115,664 City Bac e o s 13000 Cocoa Beach Manager 84,891 106,113 127,336 113,797 10 /1 /2011 Degree 10+ yrs City Bachelor's 13031 St. Augustine Manager 131,000 10/112012 Degree 10+ yrs 14680 Punta Gorda rty Manager ACTUAL 2013 129,068 14687 Haines City sty Manager ACTUAL 2013 120,000 14948 Longwood ray Manager ACTUAL 2014 117,742 City Bachelor's 15000 Callaway Manager 70,378 95,010 119,643 109,081 10/1/2011 Degree 10+ yrs $ 119,849 Lowest Salary $99,500 Highest Salary $139,740 131 69 of 82 City /County Manager /Administrator 2012 Salary and 2013 Actual ._ #��)i '�i� Agency pop: Title, n,f %` . .. it�t r'4 :�3��►V!Ftig 5 Population Over 15,000 City Masters 17254 City of Cocoa I Manager 127,545 3/2912012 Degree 10+ yrs 17573 Sem(nole city Manager ACTUAL 2014 124,655 city ceos 17766 Eustis Manager 140,000 3/29/2012 Degree 10+ yrs Village Bachelor's 19491 Pinecrest Manager 165,009 2/29/2012 Degree 10+ yrs Fort Walton City Bachelor's 19534 Beach Manager 96,000 7/20/2012 Degree 10+ yrs Tarpon City Bache o S 22821 Springs Manager 92,264 120,452 148,640 120,452 10/1/2011 Degree 10+ yrs Temple City Bachelor's 25189 Terrace Manager 1 135,000 Degree $129,809 Lowest Salary $96,000 Highest Salary $165,009 `P -M 70 of 82 • AGENDA TRANSMITTAL Subject: Consideration of Motion to Release or Reduce the Special Magistrate Fine on 1643 Coral Reef Street Approved for. bmittttal�by: Joseph Griffin, I terim City Manager Agenda No. 4A- Department Origin: Code Enforcement Division Finance: City Attorney: , City Clerk: ✓�. Date Submitted: Jan. 31, 2014 For: Meeting of February 12, 2014 SUMMARY OF STATEMENT We have been contacted by Gary Altizer of ReMax and Sue King of Data Quick regarding the fine imposed by the Special Magistrate for a violation of the Sebastian Land Development Code Section 54- 1 -2.3, failure to obtain building permits for the detached garage conversion to living quarters. The original fine is for $148.00 covering administrative costs. There is an additional fine of $20.00 per day for each day the property is in violation from September 18, 2010 until it is brought into compliance. Wayne Eseltine, Building Official has confirmed that the property has in fact been brought into compliance as of January 13, 2014. Kenneth Killgore, Finance Director, has calculated the daily fine from September 18, 2010 through January 13, 2014 to total $24,465.00. RECOMMENDED ACTION State law authorizes the City Council to consider this request and rule as they see fit. Please find attached Mr. Killgore's payoff calculation sheet and the request for relief from Sue King of Data Quick with substantiating documents. 71 of 82 CODE ENFORCEMENT SPECIAL MAGISTRATE IN THE MATTER OF: LUANNE HASTINGS 1643 CORAL REEF ST. Amount: $24,465.00 Interest Rate - Not Applicable Amount Due as of January 13, 2014 1,214 days Total of Fine at $20 per day 24,280.00 Building Department Administrative Cost 148.00 Recording of Special Magistrate Order 27.00 Recording of Release 10.00 TOTAL AMOUNT DUE $ 24,465.00 PLEASE REMIT PAYMENT TO: CITY OF SEBASTIAN ATTENTION: Susan Lorusso CODE ENFORCEMENTIPOLICE DEPT. 1201 MAIN STREET SEBASTIAN, FLORIDA 32958 Kenneth W. Killgore, Finance Dire r 72 of 82 Days 09/18/10 - 12/31 /10 104 01/01/11 - 12/31/11 365 01/01/12 - 12/31/12 366 01/01/13 - 12/31/13 365 01101/14 - 01/13/14 14 1,214 days Total of Fine at $20 per day 24,280.00 Building Department Administrative Cost 148.00 Recording of Special Magistrate Order 27.00 Recording of Release 10.00 TOTAL AMOUNT DUE $ 24,465.00 PLEASE REMIT PAYMENT TO: CITY OF SEBASTIAN ATTENTION: Susan Lorusso CODE ENFORCEMENTIPOLICE DEPT. 1201 MAIN STREET SEBASTIAN, FLORIDA 32958 Kenneth W. Killgore, Finance Dire r 72 of 82 Page 1 of 1 Susan Lorusso From: Sue King [Sue. King @dataquick.coml Sent: Wednesday, January 15, 2014 12:09 PM To: Susan Lorusso Subject: 1643 Coral Reef Street Attachments: D00011514- 01152014115956.pdf Good Morning, Attached are the lis pendens, CT and a copy of the recorded code lien on the above described property. This is a bank - owned foreclosure and the lien was filed after the lis pendens so it would have be disposed of in the foreclosure. We would like a partial release of the property only and to pay the City for any costs incurred. Thank you for your help in this matter, Sue King FI Special Services /Code Mitigation Escrow Processor DataQuick Trtie 5629 Strand Boulevard I Suite 409 Naples, FL 34110 Office: 239.596.4302 E fax: 302.304.7753 sue.king @DataQuick.com This e -mail message and any files transmitted herewith, are intended solely for the use of the individual(s) addressed and may contain confidential, proprietary or privileged information. If you are not the addressee indicated in this message (or responsible for delivery of this message to such person) you may not review, use, disclose or distribute this message or any files transmitted herewith. If you receive this message in error, please contact the sender by reply e-mail and delete this message and all copies of it from your system. Thank you. 1/15/2014 73 of 82 2054357 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 2407 PG: 1279, 03/23/2010 02:33 PM IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY, j FLORIDA CIVIL ACTION US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR ASSET - BACKED PASS - THROUGH CERTIFICATES, SERIES 2006 -NC2, + & Plaintiff, 3901 � GAUL 0 6 2 V CASE NO. DIVISION i "1Ij; �riTOPAI► B- itb �•. •.. AOgiC( LUANNE HASTINGS; THE UNKNOWN SPOUSE OF LUANNE HASTINGS; ANY AND PARTIES CLAIMING BY, THROUGH, UNDER, AGAINST A THE HE DEFENDANT(S) WHO ARE REIN NAM NOT KNOWN TO BE DEAD OR ALIVE, WHETHER S PARTIES MAY CLAIM AN INTEREST AS SPOUSES, HEIRS, DEVISEES, GRANTS CLAIMANTS; TENANT #I, TENANT #2, TENANT #3, and TENANT #4 the llamas account for parties in possession Defendant(s). NOTICE OF LIS PENDENS i ry LYP.Sfif3.{{ �.7 tLL%. T1j {N . j D 10bt IDRAL < ►S, w4l'Acti •too - To the above -named Defeudant(s) and all others wham it may concern: You arc notified of the institution of this action by the abovernamed Plaintiliy against you seeking to foreclose a mortgage recorded on July 21, 2006, in Official Records Book 2059 at page 1076, of the Public Records of INDIAN RIVER Courtly, Florida STS 4 RECORDED AND 5, BLOCK 340, SEBASTIAN HIGHLANDS, UNIT 13, AS PER PLAT THEREOF IN PLAT BOOK 7, PAGE 8ZA AND 82E, OF THE PUBLIC RECORDS OF INDIAN RIVER • , O Dated th of 2010. Florida Default Law Group, P.L. P.O. Box 25018 Tampa, Flo 'da 33622 -5018 (8 1 By. Wt71r HutRnan Florida Bar No. 0031084 Adam J. Hardman Florida Bar No. 37533 Kristia M. Bared Florida Bar No. 14962 ASC-CONV- FILE NUMBER: FIC018212 DOC ID: M000105 SIMON 74 of 82 CITY OF SEBASTIAN CODE EMMRCEIENT SPECIAL NAWSTRATL IN THE MATTER OF: LUANNE HASTINGS 1643 CORAL REEF ST. SEBASTIAN, FL 32958 RESPONDENT. FINDINGS OF FACT, CONCLUSIONS OF LAW. AND ORDER CASE NO. B10 -1002 2f47i54 THIS DOCUMENT HAS BEEN PECCRaED IN THE PUBLIC RE:TORDS GAT INDIAN RIVER COUNTY FL BF 2508 PG2147, Pagel of 09/2212011 at 10:40 AM. JEFFREY K BARTON, CLERK OF COURT THIS CAUSE came on for public hearing before the Code Enforcement Special Magistrate of the City of Sebastian, on July 20, 2010 after due notice to the Respondent, and based on the evidence presented the Special Magistrate makes the following: FINDINGS OF FACT I. That Respondent Luanne Hastings is the registered owner of the property at 1643 Coral Reef St., an improved residential lot in Sebastian, Florida. 2. That on 11116 109 the Respondent was given a notice of violation for converting a detached garage to living quarters without a permit. Noting this creates another violation for the required 10x20 covered parking per the Land Development Code. Providing 30 days to apply for building permit: 3. That Respondent e- mailed a preliminary sketch on 11118109 and a reply was sent on 11/23/09 noting the deficiencies and'regWrements to obtain the permit to bring the property into code compliance. 4.: That Respondent was sent a letter an 5/21/10 noting that it has been over 6 months since the notice of violation was written and providing notice to apply for a permit by June 1, 2010. 5. That as of 6/23/10 Respondent has not applied for a building permit and was sent a Notice of Violation Hearing to appear before the Special Magistrate. WHEREFORE, based upon the aforementioned Findings of Fact, the Code Enforcement Special Magistrate makes the following: 75 of 82 CONCLUSIONS OF LAW That the Respondent Luanne Hastings is in violation of Section 54 -1 -2.3 of the Sebastian Land Development Code by failure to obtain building permits for the detached garage conversion to living quarters. WHEREFORE, based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby ORDERED as follows: I. That Respondents shall pay $148.00 for administrative costs to the Building . Department, 2. Shall obtain the required building permits for the detached garage conversion to living quarters including any other permits necessary to provide the required covered parking to bring property in to compliance with the Land Development Code and have all inspections ap ed, within 60 days] That is September 18, DW 2010. Failure to comply, with fll Orde)rr hall result in the imposition of a fine beginning on September 18, 2010, f $2 each day not In compliance, RENDERED this 2 day of -- 1,,W 2010, in Sebastian, Florida, CITY OF SEBASTIAN, FLORIDA David L. Hancock, pecial Magistrate A true and convot copy hereof was delivered to Respondents by hand dellverylcerttfted mail t}tis .42 jb24 day of , 2010. U Clerk, Code Enforcement ORUSSt) F M N &w d0ru1D,.D9t�70w612 r7. 3 St d. . 76 of 82 CITY Or SEBASTIAN CODE EI\ MRCMdENT SPECIAL NAG4ISTRATE CASE NO. B10 -1002 IN THE MATTER OF: LUANNE HASTINGS 1643 CORAL REEF ST. SEBASTIAN, FL. 32958 RESPONDENT. ORDBR 311MOSiNG iM THIS CAUSE came before the Code Enforcement Special Magistrate of the City of Sebastian, on July 20, 2010 for consideration under the FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER entered in this cause July 20, 2010, and it being. proved that the property remains in noncompliance, and in consideration of the circumstances herein, it is 1. That a fine for administrative costs of $148.00 is to be paid to the Building Department. 2. That a fine, beginning on September 18, 2010, of $20 per day is hereby imposed for each day that Respondent remains in noncompliance with the Code as described in the Findings of Fact, Conclusions of Law, and Order. 3. That a certified copy of this Order be recorded as a lien In accordance with the Provisions of Code of Ordinances and the laws of the State of Florida. DONE AND ORDERED this 00,. day of 2010. CITY OF SEBASTIAN, FLORIDA David I . �cock, A true and cozrect copy hereof was delivered to Respondents by hand delivery/certified mail this OTC day of . 2010. Cleric, Code Enforcement SUSAN B, LOWSSO . MY CObI1QgS�ON 3 DD761bg 67(PIRFS: �'WNibTM Y ,M�CO, n�ni. n 77 of 82 3120130038540 RECORDED W THE RECORDS OF JEFFREY R, SAUTH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 2677 PG: 2421, 6/12/201312:53 PM D DOCTAX PD $645.40 �30 IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY, FLORIDA CIVIL ACTION US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR J ASSET-BACKED PASS - THROUGH CERTIFICATES, SERIES 2006 -NC2, J Plaintiff, f vs. CASE NO. 31 -201 D-CA -010629 DIVISION f LUANNE HASTINGS; SPACE FOR RECORDING ONLY FA16nM Defendant(s). C RTI FICA TE F TITLE The undersigned Clerk of the Court certifies that he executed and filed a Certificate of Sale in this action on May 30, 2013, for the property described herein and that no objections to the sale have been filed within the time allowed for filing objections. The following property In INDIAN RIVER County, Florida: LOTS4 AND 5, BLOCK 340, SEBASTIAN HIGHLANDS, UNIT 13, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGE 82A AND 82E, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. A/KIA 1643 CORAL REEF STREET,-SEBASTIAN, FL 32958 was sold to: U.S. BMh National Asmiation, asTrustce for hj&Mup_MVrtZqge Loan Trust. Inc. 2006.WC2. Backed Pass Through Certificates Series 2006-NC 2 whose address is: 3476 Stateview Boulevard MAC #X7801-013, Fort Mill, SC - 29715.' WITNESS my hand and seal of the Court on � aj&n 4L j Z. . 2013, as Clerk of the Circuit Court. (SEAL) Copies furnished to: Ronald R Wolfe & Associates, P.L. P.O. Box 25019 Tampa, Florida 33622 -5018 All parties on the attached service list. ., %,- wurlT ., ��'.fr eLtRK J� 4�••..•••• off, 23923621 of the Circuit Court Of IR • Ile 78 of 82 .BI C* 2677 PG: 2422 Service List LUANNE HASTINGS 1643 Coral Reef Street Sebastian, FL 32958 79 of 82 INSTR # 2009000201744, Doc Type AFF, Pages 1, Recorded 07/24/2009 at 11:27 AM, Pharlie Green, Lee County Clerk of Circuit Court, Rec. Fee $10.00 Deputy Clerk LFAHRNER VVi :1 HOME 1 Y] t { s MORTGAGE To Whom It May Concern: Weft Fargo Home Mortgage Mac x2301.049 One Home Campus Des Molnm la 50328 Please be advised that Sue King and Sue Pucin, who are both employees of Rels Title in Fort Myers, Florida are both individually authorized as agents for Wells Fargo Bank National Association, successor by merger to Wells Fargo home Mortgage, doing business as Premiere Asset Services, acting for itself or it's clients on matters related to any co4aTi �n violations and its related issues. Nicole Robinson Vice President Loan Documentation State of Iowa County of Polk Sworn to me before this 20th day of July, 2009 by Nicole known to me. _...,msunn- �O Apr :,•� Cy Q ; FARGO * C � w ' •A who is Wells Fargo }come Mortgage Is a dMslon cf We r% Fargo Bank NA 80 of 82 Dm =cut tit D d by and RBCORDINO REQUBSTBD BY- Wells Fargo Bank NA 8480 Stegemach arcto MAC X3801-03M hakiek, MD217DI SPACE ABOVE MIS LINE FORRECORDEws U88 L dMMPOWEROFATTORNEY The el U. tdmaiw as the atmebed t3ehedtile A (the "Trmb°j by and ttvough U.S. BackMatlsoe[ Amsock&ri, a calomel bm*Eag mmclatlon orgmtrsd and existing taller the laws of the Unttmd States and having an office at 60 UvbWon Avamm, EP•MN -WS3D, SL Paul, MN 53107, not In in hXMdaal eapwIV bat m1cly a9 Trmtmm( 7tvatc j hereby ooastit gm and qqiants Waft Fargo Bank N.A, CSesTMicW), and in its vane, aforesaid Attomoy -fn- Pea, by sad thmigh mW office appolnted by tho Board ofDlemten of Saraker, to exoado and ae3aowh4pm to wtltiog or by f mfmik stamp all dochasoots ewtctac tly sad raasmabty ocassmy sad aRnprh o for gw tub des rw to to hums (1) through (7) below; provided howevq that tbo docvmmis dmodbod blow may oalr be cwa ad and delivered by such Aftaneyada -Fact tfvA h dooamrntr are requhcd at pamitted under ilia faun of tho rdsted s r4ft agoxmam amd rto power is grunted bacmidor to tabu arty action drat would be adverm to tho i rWcsb efU3. Beak Natioasl Assoeldtoo 7Mt UmitW Power of Attanmy b being issued In canned on with Servto ces rettpormf Wes to savkc eettea mortgage loans (the "i.omm") bald by tbo Thmtoe. 7bme Loma ern secamod by coaamal comprised of Mefgagat, Dada of7h4 Deeds to Secure Debt sad otha frrsma of Secatty tesasmoab (aakcaycly the "Sxmiy tea") areumbaing &v -d all vast sad pasoaal p gmty deans thacfa (tho "PhwaV) and dw Hatca ceased thesahy. I . Demand, cm for, rcoova, collect and receive chah and every sty cf mmamy, deft, aaormt and latacd (whkb sow b, or barmft it slag bw=o duo and payable) 6elorging to or. dahned by the 7hrsteo, and to vita or take arty bwM maam far rothovary by legal proom or od=wiso, (rtdudfrsg ltd sot IImhcdto the m balitinim afftu*e saving under a Decd of Trust, the pmpmd= add issoaaoe of abtaparb' of brwah, amka of dofltult, mrd/af settees of ral0. =vthhg deeds in Bev cf fmmteatao, avlcft (loam rrrdea' dlawod by fodasl wan or local lava) 6aredoslag an do FMPCW a mom the Security 1=tr=c= by Jo [all or —Jadldal fm d=c, seders fu ttimp -7 ratmiotttg O*n, hdw"om, eppoiamrmms of receiver, nail tar waste, itand sad Boy and all otter tart, ooavacaW or vai5cadoici In affmrt flxxoof; as may be momsary or advirable In eery 6mlavptcy adk% stab or fedard OR or any other action 2. Bxewto md/ r file such docmaeab and Was such other aotma as is proper and momaay to dcfbad tea Trustee in m4maad and io resolvo haw Udglttian where the Serdmer ha m oblipd= to deftnd ttro Tmftc6 foehuggg bid no D=Jtod'to dltmihaal, tnntamt}on, camodfatoq ns Mai and settiomem 3. 7t mud IxmIaas of soy khA n;gaidtap the Iaaas, as ttho ThatWs set sod dad, to couU of for, purchase, receive sad Calm posaaaton and cvtdmw of We is and lo the Praperty aadlof to rear, pquLcw ofa promiasary note or petfmmm= ofmW obllgatlon or hdmrhg t>>mc1a. . 4. Bxeaaa bands, rotes, magega,.dmmb of Ludt and other 000tracta, agruemc= and ivatmmeab tegmdlog the Borsnwaa wW= the Property, tod-9 bm am hatted to the eaaehd w of rmicasm, anti &Wan% m4pmanb4 Jam modlfiw= a&ceam=h, pWmmt Flans, walvas, amcala, one &—,&, fbrbraraom aw marra, loan arevmpti- agreaamb, subor& -&ion agee--t, trope* agvst<oad agrees, @#tog agreem -t% putrhaso and We agtoomcros rmd other iastrua a is pmtdnlag to mo t sga err dads of uuu, bllla of silo and exam dos of deeds -and misdated lmuwaecfj, If aid, eoaveyIag or the Property, to the hImst offfm 7ha m 81 of 82 3. Erdoeae on behelfofthe undmatgnod all ale6 dmfb mdlor othwr . mgotW& b:sarmtems Made payabla to the tmd=tgna L li ll==Io any does or paibrm -yea InCOMM0100 with the odmLdaUaRoM of any P&G policy or 145ff pollry, hamrd of ad= Imumaec claim mmva to the LAM or VCWW Z Pacocub MW does ar Pafnem "soy Da ekaafbod In tlow (3). (4), end (5) fn camwcdm vt(ih the te=iastion of any Trust as Meccs=y to tt=fcr owaemhlp of the affootod Martgaga [Mari m tha eatitf ( or Its dmlPM or asotigaoo ) pig tha right to obtain owr,crft Oftboildortgw Loam Smvba hereby agrees to hrdemnt(y sad hold tiro TnutM crd its &roew". alBcmva =ploy= cad agrsts banadas 6om and agaln=t mW and ail IfabWttos, obligations, Im=4 damsyes, Pia. astiorn, Iudgmcra% AutN COU16 Q4== er diabeo =rob of arty load or Matorc whdsoova b=mrcd by r+cum or mmifof the ommise by tho Services of the pawas gkdfial ly gmcted to it ®der tits roWW se vldng agnx+atata. rm fatagolag htdeamfty shall avrviva tho te:Bdaatlm of f iU Llmlted Power ofAmxmy and ex related savlatctg agroemarte or tba arfler re slgadion of mmorval of the Th mo is tho nD&W $=king agrcemmu Aatod on Sd odde A. dbxbcd. 1P EW=my head and seal this 27th day of Septamba, 2012. NO CORPORATE SEAL WttMCSS: Stott G a Gclir _ �Ga� ri StamofMEmw*ma Cotmty ofRamaoy On BebalfofthsT}u % by U.S. Bads Nd nW Aasodat M as TmsWo r r aw�r aT CORPORATEACKNOWL EMAM T Oo tbh 17th deb' of Samba, 2011, bc0sra m4 tlto tmdasigtted, a Notary Publia bt a:d fafiald Wr4 and Stets. Msonafly appmW Beth A. Obrppep, lases Rose end &tout Kmt4 pasonal�y Mown to ma (or proved to tae on the bash of sdbbcsmy ovkkaaa) to be tha pcmona who azecumd tho wlthta lmtncncnf m WOO Ptaldad, YWPr=Mcm and Ti Offtee:, >apccdvdy of U.B.B=kNdorwlAssooidm a tWiortal banklag a m clatlan, and ash- iodged to me that Wish rcdatml baukmg mmdd m a =aW tho witbin Instr=czrt p:MSUar¢ so Eta by-Lwa err a rasofudoa of lta Baand ofItttectarn. WITNESS nq andoMcW seaL S1 . Wegcu MY eaasmfartoa eupirm:OVJI/1016 82 of 82