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HomeMy WebLinkAbout02101999ACTION LIST THE FOLLOWING IS A LIST OF ACTIONS TAKEN AND/OR DIRECTIONS GIVEN AT THE 2/10/99 SPECIAL MEETING All Follow-up Correspondence should be copied to the file and any file to go in the vault should have its backup material put in chronological order and placed in clips within the file City Manager, CiO, Attorney, Purchasing and all other department head~ get a full set of draft minutes, and are responsible for copying whatever is pertinent to their departments. We will continue to place copies of individual minutes pages in bacimp files. 99.008 Presentation of Plaques to Former City Board Members IL I~udget Advisory Committee Joseph Barc~yk. B~II A. Bishol~. Plagrljng & goning Commi~siorl, Carl Fischer, Kevin Ma~William, Harry Ttlomas, Jr. - presented - no action required - mail Fischer and MacWilliam 99.030 Use of Rivervi~2( park for Welgorrle Wagon Picnic - Use of Electh~fiW._on 4/24/99 to 3 pm - approved letter to Welcome Wagon copy minutes to file file PARKS - Rivcrview Usc of 99.031 Use of Riverv_je~ Park - Scbasliiln River Chamber of Commerce Busin¢$$~-Ie, itlIll l~Al~O - 3]27/99 - 7 am to 4 l~ra- Clg$ing of Fellsmere Road East of Sparkys to Indi~ River Drive and Indian River Drive Between FeJl~lll~re Road and Harriso0 Street - approved letter to SRCC copy minutes to file file PARKS - Riverview Use of 99.032 Romero/Our Lady_of Guadalulle Church - Flllld Raising 19~¢.~ - 2/12/99 - 7 pm to Midnight - Colmcil ApproYal of Request to Hold Event Until Midnight and Charge Admission Fee Conditioned Up. OO Hiring of Polic~ Qfficer - Security Paid - approved letter to SRCC verifi~ police officer copy minutes to file file YC/CC 99.018 99.033 99.034 99.035 99.036 99.037 99.038 Approve Suppley~ental Agreement # ] ! with M~stellcr & Moler for Stoll~cr~g Dam Replacement Design in the Amount of $4~..790 - Postponed from 1/13/99jlld 1/27/99 - approved copy minutes to file Jean has 2 originals for signature Paul will follow up on notification obtain one original for filing in vault update \wp-files\agree.cur - miscellaneous list file vault - AGREEMENTS - Miscellaneous - Masteller Prior Cil;y Council Approval of lS~pell~li.for Councilmember Netlberger to Attend Advanced Institute for Elected Officials in CocoaBeach - February 26-27, 1999 in Accordance with State Limitations - approved copy minutes to file and Neuberger file vault - TRAVEL/EDUCATION ~;cll.e, du[q (~jty Council Workshop on Charter Officer Evaluation Procedure~ - deferred for ' new City Council copy minutes to file file pending credenza Base Flood Elevations - Re_0.~;t;gl bv ¥i~ ~a.vor Wininger - City Attorney to draft resolution requesting federal government to fund new study obtain resolution from CA create file - file pending credenza Resolution No. R-99-09 - New Job Description - Purchasing Agent/Contra~:t,,~dmj~listr0[or/ Assistant to Ci~ M~lllger - deferred to 2/24/99 for copy of current job description copy minutes to file - file pending for 2nd regular - obtain copy of job description Resolution'No~ R-99-10 -~w Job Description - Poli~_l~ords Supervj~0[ - deferred to 2/24/99 for copy of current job description and PD organizational chart copy minutes to file - file pending for 2nd regular - obtain copy of job description and chart Resolution No. R-99-11 - Vacation of Easement - Wilsnak. Lots 22 and 23, Block 187. Il. pit 8 ~b0~tjan Highland~ - adopted sign, seal - copy to file, counter, GMD, Engr, applicant w/cover letter record original when returned - copy to backup, GMD and Engr blue back original and file vault 99 ORIG RES file backup in vault - VACATION OF EASEMENT - note location w/green sheet filed in res backup update \wp-reset-99 as to adopted date 2 99.039 99.040 99.041 99.042 99.043 99.044 Authorize Ci[v Attorney to File for Foreclosure of Lien ir~ Code Enforcement Case No. 98.: 13684 Arlgler's Obsession - Attorney directed to file foreclosure create file copy minutes to file, Code Enforcement Board file pending credenza Al}prove So1¢ Source Annual S~pport Agrecmell[~villl Computer Center Software for [MUNIS Accoulating Sof~are in Amount of $5,965 - approved copy minutes to file (this agreement previously approved per FD) file vault - FINANCE - 99 Bids/Purchases - Finance Authorize Mayor to Execute Intergovernmental Co~rclination and Review and Public Transportation Coordination Agreement JOirlt Participation Agreement (ICAR-PTC - jPA) Betweert IndianRivCr Coun[v Metropolit~ planning Organization and Florida D¢llartment 9f Transportation - deferred for preparation of adopting resolution copy minutes to file file pending credenza for resolution from City Attorney Disquss Cil~y Manager Issue - Interi~ Manager and Agplj~:at{ons - John Van Antwerp named interim starting 2/19/99 at 4:30 with additional $500 salary - City Council to submit top ten names to HR by 3/8/99 letter to John Van Antwerp - copy to Human Resources copy minutes to f'fle and Human Resources in vault - accordion folder for agenda items create new file for City Manager applicants and copy minutes to it file pending credenza Salary Rangos for Exempt Employees - deferred to future workshop after HR report (see minutes) copy minutes to file file pending credenza l~ontract with J & S Aviation - approved as amended to add 3/1/04 to blank line on page 5 fill in blank line sign, seal 4~originals Copy contract to Wagner file one original in vault - AIRPORT - J & S files update airport index originals to J & S 99.045 City Hall Air Quality Problem~ - approved copy minutes to file Purchasing Agent will follow through on notification and signatures obtain copy of contract for vault - AGREEMENTS. Miscellaneous City Manager received consensus to allow skydivers to land at Little League opening ceremony at BSSC City Manager received consensus to allow Charles Cardinale to work with high school students to landscape east end of City Hall City Manager to prepare list of surplus City properties for Council 4 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, FEBRUARY 10, 1999 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. Mayor Sullivan called thc Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. Invocation was given by Pastor Michael Lyle, First Church of the Nazarene. ROI,I, City Council Present: Mayor Ruth Sullivan Vice Mayor Martha Wininger Mrs. Louise Cartwright Mr. Chuck Neuberger Mr. Larry Paul Staff Present: City Manager, Thomas Frame City Attorney, Rich Stringer City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Maio Regular City Council Meeting February 10, 1999 Page Two AGENDA MODIFICATIONS {ADDITIONS AND/OB D~LET!ON$) Items not on the written agenda may be added only upon a majority vote of City Council members (R-97-21) 99.008 PRO~AMATIONS, ANNOUNCEMENTS AND/OR PRESENTATIONS A. i~re~er~tatjon of Plaques to Former City Board Members Mayor Sullivan presented certificates to the following former board members: 1. Budget Advisory Committee · Joseph Barczyk · Ben A. Bishop 2. Planning & Zoning Commission../· Carl Fischer · Kevin MacWilliam · Harry Thomas, Jr. CITY ATTORNEY.MATTi~K$ 99.030 99.031 99.032 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 unle~ a member ofCio~ Cowwil so requests; irt which event, the item will be removed and acted upon separately. A. Approval of Minutes - January 27, 1999 Regular Meeting Use of Riverview Park for Welcome Wagon Picnic - Use of Electricity on 4/24/99 - 11 am to 3 pm (City Clerk Transmittal 1/11/99, Letter) Co Use of Riverview Park - Sebastian River Chamber of Commerce Business/Health Expo - 3/27/99 - 7 am to 4 pm - Closing of Fellsmere Road East of Sparkys to Indian River Drive and Indian River Drive Between Fellsmere Road and Harrison Street (City Manager Transmittal 2/3/99, Chamber Letter) Romero/Our Lady of Guadalupe Church - Fund Raising Dance - 2/12/99 - 7 pm to Midnight - Council Approval of Request to Hold Event Until Midnight and Charge Admission Fee Conditioned Upon Hiring of Police Officer - Security Paid (City Clerk Transmittal 1/26/99, Application) The City Manager read the consent agenda. MOTION by I move to approve items A, B, C, and D of the consent agenda. 10. 11. pUBLIC HEAB.UNG - None INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda - sign-up required - limit often minutes for each speaker 4 12.7 13. OL]) ]~IJ$INESS 99.018 A. COMMITTEE I~F~PORTS/RECOMMENDATI ONS ~ ll~j ~ DI ~ Approve Sqpplemeni. tlLAgr~ement # 11 with Masteller & Moler for Stonecrop.~l'O Replacement Design in the Amount of $43.790 - Postponed from 1/13/99 and 1/27/99 (Public Worl~ Transmittal 1/4/99, Supplemental Agl'eem~ll0 MOTION by I move to approve Supplemental Agreement # 11 with Masteller & Moler for $43,790. 14. NEW BUSINESS 99.033 A. Prior City Council Al~l~rgY~l of Expenses for Councilmember Neuberger to Attend Advanced I~stitute for Elected OfftgiO]~ hl COcoa ]3each - February 26-27, 1999 in Accordance with State Limitations (CiF Cl~r~ Trar~smittal 2/2/99, Conference Info) MOTION by I move to approve reimbursement of expenses incurred by Council member Neuberger for his attendance at the Advanced Institute for Elected Officials in Cocoa Beach, Florida on February 26-27, 1999 in accordance with State limitatiao.ns.~ 99.034 Bo Schedule Cily Council Workshop on Chan~r Officer EYa~l~io/a ]~r.~¢~hlr~ (~]~ Da~kup) 7 99.035 C. 13ase Flood Elevations - Reqlle~t~d.l~y Vjc~ Mayor Wininger (No Backup) 8 99.036 Resolution No. R-99-09 - N~w Job Description - Purchasing Agent/Contract Administri~to.r! Assistant to ~2J~ Manager (Human Resources Transmittal 2/3,~9, g-99-09 w/Description) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTiNG A JOB DESCRIPTION FOR THE POSITION OF PURCHASING AND CONTRACT ADMINISTRATOR/ASSISTANT TO CITY MANAGER; PROVIDIN(3 FOR INCLUSION OF SUCH JOB DESCRIPTION iN THE CITY OF SEBASTIAN STANDARD OPERATIN(3 PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWiTH; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION by I move to adopt Resolution No. R-99-09, approving a job description for Purchasing and Contract Administrator/Assistant to the City Manager. 9 99.037 9/- z/7 Resolution bio. R-99-10 -2qew Job De~cl-ip~ion - Police Records Supervisor (Human Resources Trans~titt~l 2/;5/99, R-99-09 w/Description) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A JOB DESCRIFrION FOR THE JOB OF POLICE RECORDS SUPERVISOR; PROVIDING FOR INCLUSION OF SUCH JOB DESCRIFFION IN THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION by I move to adopt Resolution No. R-99-1 O, reclassifying the position of Administrative Secretary, currently at the pay grade of 18, and approving position description of Police Records Supervisor at the pay grade of 25. 10 99.038 Resolution~No. R-99-11 - V~g3t~OI~ 9f [3asement - Wilsnak - Lots 22 and 23, Block 187, Unit 8 ~;ebastian Highlands (Growth Management Transmittal 2/4~)_9.. R-99-11, Application, Site Map, Staff Report, Utility Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATINO CERTAIN EASEMENTS OVER LOTS 22 AND 23, BLOCK 187, SEBASTIAN HIGHLANDS UNIT 9; PROVIDINO FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDINO; PROVIDINO FOR EFFECTIVE DATE. MOTION by I move to adopt Resolution No. R-99-11. 11 99.039 Go Authorize City Attom~ to File for Foreclosure of Lien in Code Enforcement Case No. 98-13684 Angler's Obsession (City Attorally Transmittal 2/4/99, Order, DEP Lg:tter) MOTION by I move to authorize the City Attorney to tile for foreclosure of the lien in Code Enforcement Case No. 98-13684. 12 99.040 Ho Approve Sole Source Annual Support Agreement with Computer Center Software for ~ Accounting Software in Amount of $5,965 (Finance Director Trttll~olitt0! 2/4199, Contract) MOTION by I move to approve sole source Annual Support Agreement for the MUNIS Accounting Software in the amount of $5,965.00. 13 99.041 Authorize Mayor to Execute Intergovernmental Coortlbl~[ioo, lind Review and Public Transportation Coordination Agreement Joint Particigatioll Agreement (ICAR-PTC - JPA) Between Indian River Coun~ Metropolitan Planning Organization and Fll!~lll ]2)cp0rtment of Transportation (Growth Management Transmitllt! 2/;~/99, Agreement, Resolution) MOTION by I move to approve execution of the ICAR-PTC JPA - Intergovernmental Coordination and Review and Public Transportation Coordination Agreement Joint Participation Agreement. 14 99.042 '~Discuss Cib, Manager Issue t~e~ Manager~nd Applications (No Backul~) 15 99.043 Iol- III Salary Ranges for ~xempt Employees (City Manager Transmittal 2~4~99. proposed Salary Surwy and Range) ~ 16 99.044 L. Contract with J & S Aviation (Backup Forthcomir~g) 17 99.045 City Hall Air Quality problems (City Manager Transmittal 2~4~99, Wagner Memo, Spaul RepQrt. 3 MOTION by I move to waive the normal sealed bid procedures based on time and the seriousness of the situation and authorize the City Manager to hire Climate Control Services for an amount not to exceed $42,855 subject to the City Attorney's approval of the terms. Further, authorize the appropriation of the additional $5,000 by utilizing the savings of the tree shelter (24-98-DST002) in the amount of $3,000 and $2,000 for underground tank removal (23-99-DST003) as depicted in the Capital Plan. 18 15. CITY COUNC~L MATTERS A. Mayor Ruth Sullivan B. Vice Mayor Martha Wininger C. Mrs. Louise Cartwright D. Mr. Chuck Neuberger E. Mr. Larry Paul 16. ADJOURN (All meetings shall adjourn at lO:30 p. m. unless extended for up to one half hour by a majority vote of City Counci0 19 ITEM NO. ROLL CALL 1 Mrs. Cartwright y Mr. Neuberger y Mr. Paul y Mrs. Sullivan y Mrs. Wininger -,/ ITEM NO. ROLL CALL 2 Mr. Neuberger y Mr. Paul "/ Mrs. Sullivan Y~ Ma's. Wininger ~/ Mrs. Cartva'ight 7 ITEM NO. ROLL CALL 3 Mr. Paul Mrs. Sullivan Mrs. Wininger Mrs. Cartwright Mr. Neuberger iTEM NO. ROLL CALL 4 Mrs. Sullivan Mrs. Wininger Mrs. Cartwright Mr. Neuberger Mr. Paul ITEM NO. ROLL CALL 5 Mrs. Wininger Mrs. Cartwright Mr. Neuberger Mr. Paul Mrs. Sullivan MOTION //v',s f SECOND MOTION ~.~'/~_~ SECOND MOTION .n~~ MOTION SECOND MOTION SECOND ITEM NO. ROLL CALL Mrs. Cartwright Mr. Neuberger Mr. Paul Mrs. Sullivan Mrs. Winin~er ROLL CALL Mr. Neuberger Mr. Paul Mrs. Sullivan Mrs. Wininger Mrs. Cartwright ITEM NO. ROLL' CALL Mr. Paul Mrs. Sullivan Mrs. Wininger Mrs. Cartwright Mr. Neuberger ITEM NO. d/~.~)~>~ ROLL CALL Mrs. Sullivan Mrs. Winingm' Mrs. Cartwfi~t Mr. Neuberger Mr. Paul ITEM NO. ROLL CALL_ ~s. W~ger ~s. C~~t ~. Neuberger ~. Pa~ ~s. S~liv~ MOTION SECOND MOTION SECOND MOTION SECOND MOTION SECOND MOTION SECOND ITEM NO. ROLI~ CALL Mrs. Caxtwright ~. Neuberger ~. Paul ~s. Sulliv~ ~s. W~ger ~ ROLL CALL2 Mr. Neuberger Mr. Paul Mrs. Sullivan Mrs. Wininger Mrs. Cartwd~t ITEM NO. ROLL' CALL 3 Mr. Paul Mrs. Sullivan Mrs. Wininger Mrs, Cart~ght Mr. Neuberger ITEM NO. ROLL CALL 4 Mrs. Sullivan Mrs. Wininger Mrs. Cartwrig~t Mr. Neuberger Mr. Paul SECOND SECOND MOTION SECOND MOTION SECOND ITEM NO. ROLL ~ALL 5 Mrs. Wininger Mrs. Cartwright Mr. Neuberger Mr. Paul Mrs. Sullivan MOTION SECOND ACTION LIST THE FOLLOWING IS A LIST OF ACTIONS TAKEN AND/OR DIRECTIONS GIVEN AT THE 2/10/99 SPECIAL MEETING All Follow-up Correspondence gaould be copied to the file and any file to go in the vault should have its backup material put in chronological order and placed in clips within the file 99.030 Cio' Manager, CiO' Attorney, Purchasing and all other department heads get a full set of draft minutes, and are responsible for copying whate~er is pertinent to their departments. We will continue to place copies of individual minutes pages in baclcup files. 99.008 /~re$~lltation of Pla~tl~s to Fomlcr City Board Members 1. t~u4get Advisory Committ~ Jos~l:}kBare~y.~ lien A. Bishop. Planning & Zqlljl~g CoIllIIliSsio0, C~'l Fi~heff~ K~vin MaeWilliarr~ Hilrry Thomas, Jr. - presented - no action required - mail Fischer and MacWiliiam o.f Riwn~timv Par~ for Wel¢onlo Wagon Picnic - Use of Electfi¢i~ on 4/24/99 - 11 aIO c/ to 3 Ilm - approved letter to Welcome Wagon copy minut~ to file file pARKS - Riverview Use of 99.031 ~seof Riverview Park - Sebastian.Fdver Chamber of Commerce_Business/Health Expo - )./27/99 - 7 amto 4 p~t- Closing 0f Felismere Road East of,~l;~arkys to Indian River Drive ~d Indian.River DfiveBg.tween Fellsm~re Road and Harrison Street - approved le SRCC i t, ~__4, ~¢_._fl ^~/--7X~7~. J ~~file. f~_~~4~'/~ ' -' bL/" ~'~-xD~j~xo c~. ?. [P/~'~', ' alePARKS- iewUseof 99.032 gotl~l~l~' La~ of 9uadalupe Ch~l'~;h - Fund Raising Dance'!, 2/12/99 -~ pm to Midnighl~ ! ~,,~oun~il Api~ro~al of Request to H0]~I l~vent Until Midnight an'~::.Charge :Aiihnission Fee /..// Conditioned.U~n Hiring 9fpolice Offic$£-,5~cufity Paid - appr~,~ lelter to SRCC verify police officer copy minutes to file 99.018 99.033 99.034 99.035 boprove 5~plemental Agreement # L1 with Mas)eller & Moler for Stonecrop Dam R~lacement D~ign inthe Amount of $43,790 - Postponed fronl 1L!3/99 and 1/27/99 - approved copy minutes to file Jean has 2 originals for signature Paul will follow up on notification obtain one original for filing in vault ulxlate \wp-flles~agree.cur - miscellaneous list file vault - AGREEMENTS - Miscellaneous - Masteller Prior City Council Approval 9ft3~enses for Counci~ll~ber Neuberger tO Advanced Instimt¢ for Elected Officials in Cocoa Beach -Februarv 26-27, 1999 in Acemdance with StgI~ ~imitations - approved copy minutes to file and Neuberger file vault - TRAVEL/EDUCATION Schedule City Council W_.ork~b9~ oll Charter Officer Evalua6ol~ Procedures - update monthly calendar ~ ..... post notice on fi'ont board 99.036 99.037 99.038 Resolution No. R-09-09 - New Job D~cr~tion - Purchasing Agent/Conlxag,t Admini,$tr~tor{ A~$~t~t to City Mamtger - deferred [tgsolution No. R-99-10 - New Job Description - Police Records Supervisor - deferre~d.) Resolution No. Px-99- I 1 - Vacation_of Ea~mOilt-_B(il~ - Lots 22 and 23, Block 187. Unit 8 Sebastian Highl~;O$ ~ adopted sign, seal - copy to file, counter, GMD, Engr, applicant w/cover letter record original when returned - copy to backup, GMD and Engr bltm back original and file vault 99 ORIG RES file backup in vault - VACATION OF EASEMENT - note location w/green sheet filed in res backup update \wp-resXr-99 as to adopted date 2 99.039 99.040 99.041 Authorize City Attomqy to File for For~losur~ of Lien in Code Enforcement Case N_o,_9~- 13684 Angler's Ob.s~ssion - Attorney directed copy minutes to file - file pending credenza Agproy~ Sole Source Annual Support Agreement with Conjurer Center Software for MUNIS Ae. gounting Soft~ar~ in Amount of $5,965 - approved copy minutes to file (this agreement previously approved per FD) file vault - FINANCE - 99 Bids/Purchases - Finance Authorize Mayor to Execut~ Jntergovemmental Coordination and R~yi~tv and Public Trana~nation C~rdination Agreement Joint Panicip~tjon.A~'~ement (.[CAR-PTC - Between IIl{Ijan River Coml~ Metropolitan PImmhlg Organization and [:lofida of Transportation - deferred 99.042 Discuss City Manager Issue - ll~l$~txl2~Janager and Applications - JVA named starting 2/19/99 at 4:30 with additional $500 - City Council to submit top ten to HR by 3/8/99 99.043 Salary Ranges for Exempt Empl02~ees - deferred to future workshop after HR report 99.044 Contxaet with J & S Aviatiou - approved 99.045 City Hall Air Ou41jly Problems - approved City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 u FAX (561) 589-5570 SEBASTIAN CITY COUNCiL AGENDA REGULAR MEETING WEDNESDAY, FEBRUARY 10, 1999 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAYBE INSPECTED IN THE OFFICE OF THE CITY CLEP~ - 1225 MAiN STREET, SEBASTIAN, FLORIDA Individuals will address the CiO* Council with respect to agenda items immediately before deliberation of the item by the Cio~ Council - limit often minutes per speaker (R-97-21) 99.008 2. 3. 4. 5. CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION - Pastor Michael Lyle - First Church of the Nazarene R~LL CALL AGENDA MODIFICATIONS (ADI~I~ONS AND/OR DELET][ONS] Items not on the ~ritten agenda may be added only upon a majoriO* vote of CiO, Council members (R-97-21) ]~RO~TION[5, ANNQUNC~MENi'$ AND/OR PRESENTATIONS A. Presentation of ?laques to Former City Board Members I. Budget Advisory Committee · Joseph Barczyk · Ben A. Bishop ' 2. Planning & Zoning Commission · Carl Fischer · Kevin MacWilliam · Hany~ Thomas, Jr. 7. CITY ATTORNEY MATTERS CITY MANAGER M~TTERS 1-13 99.030 15-16 99.031 17-18 99.032 19-22 99.018 23-28 99.033 29-32 99.034 99.035 10. 11. 12. 13. 14. CONS~I~J'I' AGENDA Ali iter~ on tht con,mt agenda are considered routine and will be enacted by one motion. There will be no separate di.~cu~on of ~ agm~ ittms unle~ a mtmtn~ of CRy Ctnmcii so requests: in which event, the item will be removed and acted upon separate~p. A. Approval of Minutes - January 27, 1999 Regular Meeting Use of Riverview Park for Welcome Wagon Picnic - Use of Electricity on 4/24/99 - I 1 am to 3 pm (City Clerk Transmittal 1/11/99, Letter) Use of Riverview Park - Sebastian River Chamber of Commerce Business/Health Expo i- 3~27/99 - 7 am to 4 pm - Closing of Fcllsmcre Road East of Sparkys to Indian River Drive and Indian River Drive Between Fellsmero Road and Harrison Sta-eet (City Manager Transmittal 2/3/99, Chamber Lett~) Romer~/Our Lady of Guadalupe Church - Fund Raising Dance - 2/12/99 - 7 pm to Midnight - Council Approval of Raquest to Hold Event Until Midnight and Charge Admission Fee Conditioned Upon Hiring of Police Officer - Security Paid (City Clerk Transmittal 1/26/99, Application)' EUBLIC HEARING - None ][~'RODU~O~ OF ~Y BUSINESS I~R_OM THE PUBLIC Item that iua, occutrvd or wa~ di.~covtrred within the previou~ six montt~ which is not otherwise on the agenda - sign-up required - limit often minute, grot each COMMITTEE P~pORTS/R.E COMMENDATIONS OLI~ BUSINES~ Approve Supplemental Agr~ment # 11 with Masteller & Moler for Stonecrop Dam Replacement Design in the Amount of $43,790 - Postponed bom 1/13/99 and 1/27/99 (Public Works Transmittal I/4/99, Supplemental Agreement) NEW ~U$INESS A. Prior City Council Approval of Expenses for Couacilmember Neuberger to Attend Advanced Institute for Elected Officials in Cocoa Beach - February 26-27, 1999 in Accordance with State ~\ Limitations (City Clerk Transmittal 2/2/99, Conference Info) B. Schedule City Council Workshop on Charter Officer Evaluation Procedures (No Backup) Base Flood Elevations - Requested by Vice Mayor Wininger (No Backup) 2 99,036 $$-40 99.037 41-47 99.038 49-64 99.039 .~. 65-72 99.040 75-83 ~ 99.041 85-100 99.045 M. 113-144 Resolution No. R-99-09 - New Job Description - Purchasing Agent/Contract Administrator/ Assistant to City Manager (Human Resources Transmittal 2/3/99, 1t.-99-09 w/Description) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A JOB DESCRIPTION FOR THE POSITION OF PURCHASING AND CONTRACT ADMINiSTRATOP, fASSISTANT TO CITY Ma%NAGER; PROVIDING FOR INCLUSION OF SUCH JOB DESCRIPTION IN THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Resolution No. R-99-10 - New Job Description - Police Records Supervisor (Human Resources Transmittal 2/3/99, R-99-09 w/Description) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A'JOB ~NFOR THE JOB OF POLICE RECORDS SUPERVISOR; PROVIDING FOR INCLUSION OF SUCH lOB DF, SCRIPIION IN THE CI~ OF SEBA3TIAN STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDnqG FOR AN EFFECTIVE DATE. Resolution No. R-99-11 - Vacation of Easement - Wilsnak - Lots 22 and 23, Block 187, Unit 8 Sebastian Highlands (Growth Management Transmittal 2/4/99, R-99-I 1, Application, Site Map, Staff Utitity A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 22 AND 23, BLOCK 187, SEBAS~ HIGHLANDS UNIT 9; PROVIDING FOR CONFLICTS HEREWI1/q; PROVIDING FOR RECORDINCr, PROVIDING FOR EFFECTIVE DATE. % Authorize City Attorney to File for Foreclosure of Lien in Code Enforcement Case No. 98-13684 ' Angler's Obsession (City Attorney Transmittal 2/4/99, Order, DEP Letter) .... ' Approve Sole Source Annual Support Agreement with Computer Center Sol,rare'fOr MUNIS Accounting Software in Amount of $5,965 (Finance Director Transmittal 2/4/99, Contrae0 Authoriz~ Mayor to Execute Intergovernmental Coordination and l~view and Public Transportation Coordination Agreement Joint Participation Agreement (ICAR-PTC - JPA) B~twee~ Indian River County Metropolitan Planning Organization and Florida Department of Transportation (Growth Managean~t Transmittal 2/3/99, Agreement, Resolution) Salary Ra~n~ ges for Exempt Employees (City Manager Transmittal 2/4/99, Proposed Salary Survey and Range) Contract with J & S Aviation (Backup Forthcoming) City Hall Air Quality Problems (City Manager Transmittal 2/4/99, Wagner Memo, Spaul Report, 3 Quo ) 15. cITY COUNCILMATTEI~ B. C. D. E. Mayor Ruth Sullivan Vi~ Mayor Mattlm Winingcr Mrs. Louis~ Cartwright Mr. Chuck N~ub~rg~ 16. ADJOURN (All meetings shall adjourn at 10:30 p.m. unless extended for up to one half hour by a majority vote of City Council) ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HE4RING) MLL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO EN~URE THAT A ~T1M RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPF_,4L IS TO BE HEARD. (286.0105 F.~) IN COMPLIANCE I97TH THE AblERICAI~ ~ DISABILITIES ACT (ADA), ANYONE IVHO NEEDS A SPECIAL ACCOMMO~ TION' FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEA~ 48 HOURS IN'ADVANCE OF THIS MEETING. Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings. Upcoming Meetings: Special Meeting - Wednesday, 2/17/99 - 7pm Regular Meeting - Wednesday, 2/24/99- 7pm Regular Meeting - tVednesday, 3/I 0/99 * 7pm Special Meeting- Monday, 3/15/99 '- 7pm (Election Maners) Regular Meeting - Wednesday, 3/24/99 - 7pm 4 2. 3. 4. City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 u FAX (561) 589-5570 SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JANUARY 27, 1999 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Sullivan called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. Invocation was given by Police Chaplain, Frank Camillo. ROLI~ City Council Pr~; Mayor Ruth Sullivan Vice Mayor Martha Wininger Mrs. Louise Cartwright Mr. Chuck Neuberger Mr. Larry Paul S taft' Pr~-nt: City Manager, Thomas Frame City Attorney, Rich Stringer City Clerk, Kathryn O'Halloran Public Works Director, Terry Hill Growth Management Director, Tracv Hass Chief of Police, Randy White Deputy City Clerk, Sally Maio Regular City Council Meeting January 27, 1999 Page Two 5. AGE]~])A MO])IFICATiO~[S (,M)DITIONS AND/OR DELETI~)NS) lte~m not on th~ writttn agenda may be added on~ upon a majoriO~ vote of Ci(v Council member~ (R-97-21) The City Manager stated he had distributed a memo regarding withdrawal of agenda item 99 018 Supplemental Agreement #11 with Masteller & Moler until February 10, 1998. 6. PRQ~AM~TIONS. ANNO].INCEMI~NTS AND/OR PRE:S]~.NTATION$ Mayor Sullivan read and presented a procl _an~,,,ation to David Smith of, the Planned Giving Council of Indian River County d~signating February 1999 as Leave a Legacy Month . 99.019 7. ]~L]~L-'~Q~] MA'I'rERS (IN ACCORDANCE WITH CITY CHARTER THESE ITEMS MUST BE ACTED UPON AT THIS MEETING) (City Clerk Transmittal, Proclamation, R-99-01, Charter Soctions) A. M~yor tO Read Procl~ll~ation Cal!iag March 9, !999 General Elev~011 . Mayor Sullivan read a proclamation calling the March 9, 1999 general election in accordance with the City Charter. ' B. Adol~t ResolutioqNoL R-99-01 inA¢cordance with Charter 4,Q7 - Desig~athag Polling Places. Offices to bec. Filled_and Questions to b~ De, it,ll A RF30~ON OF THE CITY OF ~I'IAN, INDIAN RIVER COUNTY, FLORIDA DE.nIGNATIN{t THE OFFICIAL POLLING PLACF~ FOR A GENERAL ELECTION TO BE HELD ON MARCH 9, 1999, FOR THE PURPO.~E OF l~O THREE CITY COUNCIL MEMBEi~ FOR TERMS OF TWO (2) YEAI~ AND pLACING TWO REFERENDUM QUF3TION$ ON,TH]~ ~ PROVIDINO FOR ~ OF it~E~UTIO~ OR PARTB OF ~LD'HONS IN CONFLICT HEREWITH; AND PR OVIDIN(i FOR AN £FFECTF~ DATE. The City Attorney read Resolution No. R-99-01 by title. ' MOTION by Sullivan/Cartwright ' I would move approval and adoption of Resolution R-99-01 in accordance with Charter 4.07. VOICE VOTE on the motion carried 5-0. C. FormalReq~est f0r Super~sor of Elections to Ado',~er ]~lection MOTiON by Sullivan/Neubcrger ~-- I'll mov~ that we request the Supervisor of Elections for Indian River to administer the March 9, 1999 municipal election. VOICE VOTE on the motion carried 5-0 D. Afl.urn Canvaa~ingBg~d Ai~gointrnent~ The City Clerk said she had asked Vice Mayor Winingcr to join the Canvassing Board this year. MOTION by Sullivan/Neuberger I would move that the Council approve the request or recommendation by the City Clerk, Mrs. O'Halloran and confma her Canvassing Board appointment.  VOICE VOTE on the motion carried 5-0. Regular City Council Meeting January 27, 1999 Page Three 99.007 oM 75-77 99.008 oM 79-80 99.009 oM 81-85 CERTAIN ITEMIS DEFERRal) FROM THE JANUARY 13. 1999 REGULAR I~EETING (Pbtas~ Refer to j amtary 13, 1999 ~g~da Book for Backup) INTROQU(~/ION OF NEW BU~INESS FROM (~ign-up De~rred frorn 1/13/99 Mm~g Only} Harry Thomas, 654 Balboa Street, Sebastian - U.S. I widening COMMIT~E REPORTS/RECOMMENDATIONS C~n.qtruction 1. Recommendat;j.on to Remove Billy Do.vie fromBoard for Non-Attendaltc~ in with Sectioll 2-173 of the Cod, 0f Ordinances (]3uilding Dept. Transmittal 12/17/98, 11/17/9!t Minutes. 2-173) . MOTION by Cartwfight/Neuberger I move to remove Billy Doyle as a member of the Sebastian Construction Board. VOICE VOTE on the motion carried 5-0. Bo Planning ~nd ZonillgCoqlll!ission 1. Ac,~"gt Resig~atioll of Carl Fischer (City Clerk Transmittal 1/4/9~9. Resignation_Lette0 MOTION by Wlnlnger/Neuberger I move to accept the resignation of Carl Fischer from the Planning and Zoning Commission VOICE VOTE on the motion carded 5-0. gecr~ion Advisc~Boargl 1. Recommendatiot~ tO Remowg~qtall Sn.v~ler from Board for Non-Attendance in Accorclance ltritll Section 2-173 oft. he Code of Ordinances (Public Works Tra~lllittal 12/22/98,. 12/21/98 MjlluteS,.2-173L 2-213) MOTION by Cartwright/Paul I move to remove Randall Snyder from the Recreation Board. VOICE VOTE on tl~ motion carded 5-0. lqE_w BUSINESS (Items C, D, E G and H were addressed at 1/20/99 Special Meen'ng) 3 Regular City Council Meeting January 27, 1999 Page Four 99.010/99211 A. old 87-88 Discussion of Salary lnereaje for C i~, Clerk ~Cit~ Clerk Memo, |2/1619'} MOTION by Sullivan I would like to move that we approve a total raise for the year 1998/1999 retroactive to the Office of the City Clerk anniversavj, the total comes to about $1300, a total of 3%. Discussion took place on the prior approval of 1% on October 1, 1998 and 1% on April I, 1999. Mayor Sullivan miterat~ her motion as follows: "to approve a total of 3% salary increase for the year 1998/1999 retronctive for the Office of the City Clerk". Mr. Neuberger seconded the motion at this time. She said it was her intent to include the prior approvals in the 3%. Mr. Neuberger withdrew his motion. MOTION by Cartwright/Nenberger I move to award a merit increase of 3% merit retroactive to your anniversary date." Vice Mayor Wininger recommended a higher salary for the City Clerk position. ROLL CALL: Mrs. Cartwright - aye Mr. Nenberger - aye Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - nay MOTION CARRIED 4-1 (Wininger - nay) 99.011 B. no backup M~,or's_F_gt Finding Con~nitt~ on Six-l,~ing 9f!,J_~ L~t~ ~ M~or S~liv~) M~or S~v~ s~ ~ m~om for plac~g ~s item ~d rei~m~ h~ s~ong obj~fion ~ ~y ~g of U.S.I. S~ ~k~ for Co~cil ~nc~en~ to ~blish a ~m~r~ Mayor's ~~ ~ ~n~ f~t ~g MOTION by Sullivan/Nenberger I would like to move and request that the Council give the Mayor this authority to continue with this committee, to continue with the same committee member~; Ruth Stanbridge has asked to not serve any longer bemuse she is a new member of the County Commission...and said that she v,,ll continue as a backup....Kathleen Bishop said she could not continue but will continue her work assignments. She then read a letter from .lerald and Laura Smith into the record (see attached); and recommended that Sal Neglia replace Harry Thomas on the Committee. A lengthy discussion took place on the manner in which the committee was formed, and the fact that FDOT had discontinued its planning and development study at this time. 4 Regular City Council Meeting January 27, 1999 Page Five TAPE I - SIDE II (7:48 p.m.) Louise Kautenberg, 973 Oswego Avenue, Sebastian, addressed Council. VOICE VOTE on the motion failed 1.4 (Cartwright, Paul, Wininger, Neuberger - nay) ' 99.014/98.027 oM 163-167 Approve_Renewal of 3~lnual Materials Contracts with Fischer ired Sons and Bla{:kho. wk. Ouan]t for ~;llld. ard Fin~ Year (public..SYo. rk~ Transmitlal ! 2/31/99, Hill Memo 12/30/98. Agreement Page.. I st Contr~e, lJ~ions) MOTION by Paui/Neuberger I'd like to move to approve the renewal of the annual materials contract with Fischer'and Sons and Blaekhawk Quarry for the second and final year. ROLL CALL: Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - aye Mrs. Cartwright - aye Mr. Neuberger - aye MOTION CARRIED 5.0 99.018/98.157 oM 205-210 Al;)l;)nly{ $~l~lemental Al0'ce~ent # ! 1 with Masteller ~I1~1 Moler for Stonecrop DatlXR~plaeement Desigla in tll~_Amount of $43.790 LP,..ublic Wprk~ Trlll~mittal 1/4/99, Supplem~rlt~l,Agremnen0 This ite~ was previously withdrawn until February I0, 1999. ~VD OF ~ DEb'ERRED FROM JANUARY 13, 1999 REGULAR MEETi~G 9. CITY A'1~ORNEY MATTERS Discussed Code Enforcement procedures that are being drafted relative to foreclosure; and reported on the City and Department of Environmental Protection eases against Robert Taylor. It was decided this matter should come back as an agenda item if Council wishes to pursue foreclosure. Regular City Council Meeting January 27, 1999 Page Six 10. 11. 12. 99.020/98.074 In response to inquiry from Council, advised that only one reading was required for the quasi-judicial item since it is a resolution and not an ordinance. CITY MANAGER MATTERS Reported on the Department of Commurdty Affairs letter finding the City's Comprehensive Plan in compliance. He was directed to contact DCA regarding the reference to Clay County referenced and correction to MayOr Sullivan. Stated s~veral applications for City Manager have been submitted Stated the contractor fOr the Indian River Drive sidewalk is in town to begin and has met with City Engineer. Discussion took place on rdocating any valuable trees. CONSENT AGENDA All items on tht consamt agenda ~ considered routine and will be enacted by one motion. There will be no separate dlSCuasion of consent agmda ilems mdt. et a tmmber ofCi~ Cotmcil ao mqstest&' in which event, the item will be removed and acted upon separate~. A. Approval o£Minutes - 1/13/99 Regular Meeting, 1/20/99 Special Meeting The City Manager read the consent agenda. MOTION by Camvri~ I move to approve item A of fig Consent Agenda. VOICE VOTE on th~ motion carried 5-0. ~].[ASI~I~ I~UBLIC IJEARiNG Resollltion No. R-99-0A - M~tior Modification to Site Plan_for Ex~or~ Gas Station in Chessgr'~ PUD to Add Dfi¥.~ Through Car W~b fGtov~ Management Transmittal 1/20/99, Al~i~lication, Lo~afion Map, P_& Z Miaugs~ Staff Report;, Legal Notice, Plat ~Bder S~arate Cover} A RESOLUTION OF THE CITY OF SEBAS'HAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING A MAJOR MODIFICATION TO THE EXXON SITE PLAN WITHIN CHESSER'S GAP ~ PROVIDING FOR CONFLICTS HEREWH~ PROVIDINO FOR EFFECTIVE DATE. The City Attorney read Resolution No. R-99-04 by title; and May ~ Sullivan opened the public hearing at 8:10 p.ra The Growth Management Director stal~l the applicant was not in attendance. MOTION by Sullivan/Cartwright I would move to table this item to a Special Meeting held for the purpose of holding the quasi-judicial hearing on February 17, 1999 VOICE VOTE on the motion carded 5-0. Regular City Council Meeting January 27, 1999 Page Seven 13. 14. OLD BUSINESS - None NEW BUSINESS 99.015 A. 99.021/982.08 Authorize Expendigg~ of $32,271.9(Lfor Culvert Replaceme0ts an4 $12575,0_1 for Side Yar4 Pipe Installation to C.R. McLell~k~he 6n~ual Culvert Replacement C~tractor (Public Work~/ t~llgjneering Transmittal 1/20/99, Work Order I.A. lB, 2 and 3.$pr~0dsheet for Stormwater The City Manager reviewed a balance sheet submitted by the City Engineer relative to current stormwater projects (see attached). MOTION by Neuberger/Paul I move to authorize the expenditures of $32,271.90 for culvert replacements and $12,578.01 for side yard pipe installation to C.R. McClellan, the Annual Culvert Replacement Contractor. ROLL CALL: Mrs. Cartwright - aye Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - aye MO~ONCARR1ED5-0 R.~olufioq]q.o, R-99-05 Rating Au.~li~on Held 12/21/98 and Authorizing l~xeeution of Quit Claim Deed forAirport Properly to Collier Club, Inc. (City Attorney TransmiItal 1/21/99, A0ctign ~lj~te~. A RESOLUTION OF THE ClTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, CONFIR_MINO AUCTiON OF SURPLUS AIRPORT PROPERTY; AUTHORIT1NO EXECUTION OF DEED TO HIGH BIDDER AND DEPOSIT OF FUNDS; PROVIDING FOR EFFECTIVE DATE. The City Attorney read Resolution No. R-99.05 by title. MOTION by Paul/Neuberger I move to adopt Resolution R-99-05 ratifiding the auction held 12/21/98 and authorizing the Mayor, City Clerk and necessary personnel to execute a quit-claim deed to Collier Club, Inc. and directing the City Manager to appropriately deposit the proceeds of the sale. Regular City Council Meeting January 27, 1999 Page Eight ROLL CALL: Mr. Neuberger Mr. Paul Mrs. Sullivan Mrs. Wiainger Mrs. Cartwright - aye - aye - aye - aye - aye MOTION CARRIED 5-0 99.022/98.088 Resolution NoLR-99-06 - Collier Club Final Plat Phase I (City Engin~er/Qrow~bi~ag~rll.~ak Transmittal 1/20/99, R-99-0_~ A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVF~ COUNTY, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS COLLIER CLUB SUBDIVISION PHASE I, PROVIDING FOR REPEAL OF RF_MOLUTIONS OR PARTS OF RESOLLrrIONS IN CONFLICT HEREWITH; PROVIDINO FOR SEVERAB~Y; AND PROVIDING FOR AN EFFEC~ DATF- The City Attorney read Resolution No. R-99-06 by title. MOTION by Cartwtight/Paul I move to adopt Resolution 99-06. k was notocl that a diffea~a~ in mad names on pages 2 (Airport Road) and 3 (Airport Drive) of the plat should be con'e~t~l. St~v¢ Melchiore, On.gig Management, responded to a question from Council regarding language on page 2 number g, stating that Tract I will be dedicated to Indian River County after improvements are completed, and the County will accept maintenance responsibility. The City Attorney said he would feel more comfortable ffthe language read, "The City of Sebastian shall not have any r~pons~ility, duty or liability regarding said road or ~xa~t." MOTION by Sullivan/Cartwright I would move that ameadm~t VOICE VOTE on the ameadmeat carried 5.0. Mr. Melchiore requested an easier rewrite and the City Attorney changed it as follows ""Thc City of Sebastian shall have no responsibility, duty or liability regarding said road or tract.". ROLL CALL: (main motion as amended) Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - aye Mrs. Cartwright - aye Mr. Neuberger - aye MO~ONCARRIED5-0 8 Regular City Council Meeting January 27, 1999 Page Nine Mayor Sullivan called recess at 8:35 p.m. and reconvened the meeting at 8:47 p.m. All members were present. 99.023 D. Re~lutioo NO. R-99-07 - Vacatioll O[ Easement - Ford (Growth Malla, g~ment Direct. or Tr~lnittal, K-99-07, Avplication. Site MW. $.t0ffRel~Ort, Utility Lctter~) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN R1VF_,R COUNTY, FLORIDA, VACATINO CERTAIN EASEMEN~ OVER I,O~ 1 AND 2, BLOCK 16, SEBASTIAN HIOHI.,ANDS UNIT I; PROVIDING FOR CONFLICTS ~ PROVIDING FOR RECORDING-', PROVIDING FOR EFFECTIVE DATE. The City Attorney read Resolution No. R-99.07 by title. TAPE H - SIDE I (8:50p. m.) Staffwas directed to detemine if the metal shed is within the easement line. MOTION by PaulfNeubcrger I move to adopt Resolution No. R-99-07. ROLL CALL: Mrs. Winingex - aye Mrs. Cartwright - aye Mr. Neuberger - aye Mr. Paul - aye Mm Sullivan - aye 99.024 E. MOTION CARRIED 5-0 Re~l~/o~ No. R-99-08 - Vaca~i0n of Ease~e0~ - Ddb~n. (Growth Management Director Transm/~'t~l. R-99-08. Al~plication. Site Ma~, StaffRepon. Utility A RESOLUTION OF THE crrY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 14 AND 15. BLOCK 235, SEBASTIAN HIGHS UNIT 6; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDINCr, PROVIDING FOR EFFECTIVE DATE. Tho City Attorney read Resolution No. R-99-08 by title. MOTION by Paul/Nmberger I move to adopt Re~olution No. R-99-08. TI~ City Manager requested a condition whereby the applicant must grant back a six foot easement on the west si& of lot 15 to the City. MOTION by Paul/Neuberger - so amended to add the provision as stated by the City Manager to the motion. Regular City Council Meeting January 27, 1999 Page Ten 99.025/98.045 F. 99.026/98.032 G. ROLL CALL: Mrs. Cartwright Mr. Neuberger Mr. Pa, il Mrs. Sullivan Mrs. Wininger - aye - aye - aye - aye - aye MO~ONCARRIED5-0 Appr~y~.R~newal of Anntlal Sod Contract to B and T :~9d for Second and Final Year (Public Works Trausmigal 1/1~/99, Bid Form) MOTION by Paul/Wininger I move to approve the renewal of the annual sod contract with B & T Sod for the second and final year. Mr. Neuberger expressed concern for pallets left in and damage to City fights-of-way. The City Manager suggest~ that the Public Worka Director can verify that pallets are cleaned up prior to hsuance of payment. ROLL CALL: Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wlninger - aye lV~. Cartwright - aye MOTIONCARRIED5-0 Authoriz~ City Manager to Co~i~ue Rental of Digital Logging Recorder for Police Department (PD Trall.~l 1/7199, Quot~. Re~sition) MOTION by Wininger/Neuberger I move to authorize the City Manager to continue renting the existing digital logging recorder at a cost of $249 per month for the balance of FY 98/99, if necessary, and accept Commtmieations International's offer to reimburse $149 of each monthly payment toward the purchase of a new logging recorder if the City decides to make such a purchase. ROLL CALL: Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - aye Mra. Cat~nTight - aye Mr. Neuberger - aye MOTION CARRIED 5-0 l0 Regular City Council Me,ting January 27, 1999 Page Eleven 99.027 99.028 99.029 15. H. ¢al~!aIlo Al~I0~ill~ - Placement of S~e (C~opy) Wi~-ln Ciw ~t~f-WKv Alo~ No~ C~ Av~ (~ M~ement ~tor Tr~smi~al. ~ite PI~. P & Z M~t~ FoH~g rome ~sio~ ~tion w~ m~. MORON ~ C~~a~ I mw ~ ~ ~e ~t to pla~ ~ a~g ~ ~e d~t~f=way by ~. Orlmdo Ca~o. VOICE VO~ on ~ morion ~ CO~E REPORTS~OM~ATIONS A. C~e E~~t (Ci~ CI~ T~~ I/I ~/99, One Applicmio~ A~ M~mber List) 1. ~t Air, ate M~r - Un~ir~ Te~ to Expire 6/2001 Ci~ Co~il ~i~ A~a Davis. MORON ~ I mov~ ~e ~~t of~. Davis to ~e ~exp~ ~ to exp~e to exp~ 6/200 I. VOICE VO~ ~ ~ motion c~ 5-0. B. ~g ~d ~i~ Co~j~n (Ci~ CI~ T~~ 1/I~, ~ Applica~o~, A~, Member List) ~e Ci~ CI~ ~ ~ K~ MacW~li~ had ~&a~ ~s application (s~ memo a~h~). Ci~ Comc~ ~i~ Ch~i~ B~ Jr. 1. ~t Re~l~ M~b~ - U~pi[~ Tc~ to E~pir~ 5/99 MORON ~ Nm~g~/C~t I ~ a motion to ap~t ~. B~e~ to ~e re~ member position ~exp~ ~ to ~ ~/99. ,, VOICE VO~ on ~ motion ~ 2. App~[ Alt~mat~ M~mber - T~ to Expire 1/2002 Ci~ Co~cil ~i~ Willi~ Evelv. MOTION by C~~S~liv~ I mow ~ appo~t Willi~ Evely to ~e alternate member position te~ to exp~e I/I/2002, VOICE VOTE on ~e motion c~ed 5-0. II Regular City Council Meeting January 27, 1999 Page Twelve 16. 17. [b~J~OOUCTION OF NEW_BUSINESS F]i. OM THE PUBLIC Item that has occurred ar was discavered within the previous air months which is not otherwia~t on the agenda, sign-up required- limit often minutea for each zpeatcer The following individuals addressed City Council: James Schmitz, Starflowet Avenue, Sebastian - Yacht Club Parking CITY COUNCIL MATTERS Mr. Larry Pa~I · Thanked Police Department for slowing down vehicles on Skyline Drive · Inquired about Cavcorp property ~xees on west side and the City Manager said he is'working with Chris McCarthy to relocate those trees · Requested copy of punch list of Cavcorp items not completed Ma.vor Ruth ~llivan · Suggested leaving FPL lights on at both boat ramps and the City Manager said no staff decision will be made until it is brought back to Council Vice Ma~,or MaBh~ Wivlrlger · Said that burned out Schumann lights that she had previously reported on were still out · Congratulated all Council candidates and urged voters to come out to vote. Mrs. Cartwfight · Said health insurmace proposals need to be reviewed and City Manager said it is being researched for a bid Mr. Chuck Ne~.b~n'geg · Inquired about pedestrian hit on US I and Main Street · Said signs prohibiting dogs in parks were needed TAPE H - SIDE II (9:40 p.m.) Requested update on the Stunn committee and the City Attorney said only one volunteer had come in Said he had Notice that there are no Sebastian builders working in Collier Club 12 I~gular City Council M~fi~ January 27, 1999 Page Thirteen inquired about the status of mowers and the City Attorney said will bring a report to next meeting Asked if Council should be asking the names and addresses of people addressing City Council and the City Attorney stated that a name may be needed on quasi-judicial and affected parties may have to give an address but other than that it may not be necessary 18. Being no further business, Mayor Sullivan adjourned the Regular Meeting at 9:45 p.m. Approved at the ,1998, Regular City Council Meeting. Ruth Sullivan Mayor Kathryn M. O'Hall0ran, CMC/AAE City Clerk 13 I City of Sebastian lZ25 Main $1ree~ Sebastian, Florida $295& Telephone (561) 5&D-5330 FAX (561) 559-5570 Subject: Request for U~ of Riverview Park Approved for Submittal by: City Manager Department Origin: City Clerk Exhibits: Letter dated January g, 1999 Expenditure Required: [ Date Submitted: i/11/1999 - For Agenda off 2/10/99 ' 1 - Amount Budgeted: Appropriation Required: ~UMM~RY STATEMENT A letter has been received from Victoria Bachman, President of the Welcome Wagon Club of Sebastian, requesting the use of Rivcrvicw Park on April 24, 1999 from 11:00 A.M. until 3:00 P.M. They arc also rezluesting the use of electricity for thc event. RgCOMM£ND£D ACTION Move to approve the request with permission to use electricity during the event. 7'o ~/fiom Z~ ~tt~ Concern: T/,e mem~e~ of T~e ~e~come ~on ~om //:00 ~.~. un~LZ 5:00 ~Ae even~ and me ~LZZ need eZecE~LcL~. ~e understand ~e fee ~e anxLou~Z~ a~ak~ ~ou~ ~epZ~ ~o ~e c~n ~cAeduZe ~Ae even~ ~L~fi eZZ', ~oa /ur~er Ln~oama~Lon [ c~n 6e ae~cAe~ ~ 5~9:5625.. I i I I I I I I I I City of Sebastian, Subject: Sebastian River Area Chamber of Commerce Business/Health Expo. Approved for Submittal by: City Manager Exhibits: Florida Agenda No. ~"0~ / Department Origin: City Manager Date Submitted: February 3, 1999 . For Agenda of: February 10, 1999 Letter, dated February 1, 1999 from Sebaatian River Area Chamber of Commerce EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRL~TION REQUIRED: $1JMMARY The Sebastian River Area Chamber of Commerce has requested the use of Riverview Park o~ March 27, 1999 for an annual Business / Health Expo, beginning at 7:00 a.m. until 4:00 p.m. The Chamber of Commerce is also requesting the closing of Feilsmere Road (east of Sparky's) to Indian River Drive and Indian River Drive between Fellsmere Road and Harrison Street. RECOMMENDED ACTION Move to approve the request of the Sebastian River Area Chamber of Cormnerce to use the Riverview Park on March 27th from 7:00 a.m. until 4:00 p.m. and in the interest of safety, advise the Sebastian Police Department to facilitate traffic flow during this event. February 1, 1999 City of Sebastian 1225 Main St. Sebastian, FL 32958 CHAMBER OF COMMERC.E .~_ ._.->..' · ,,'.,~'5 -'* o ,~ ,' $0 ., To Whom It May Concern: I I i I I I The Sebastian River Area Chamber of Commerce is in the planning stages for our annual Business/Health Expo. We will be calling this year's event "Celebrate Sebastian". Last year our Expo was held at the Sebastian River High School. Although we had a terrific business turnout, we were lacking in outside partidpation-our residents. In an effort to improve upon that aspect, we are requesting the use of Riverview Park, at the cOmers of CR 512 and U.S. #1 on Saturday, March 27th from 7:00 a.m. until 4:00 p.m. I I In the interest of safety and to facilitate traffic flow during the event, we would also request the closifig of Fellsmere Road (east of Sparky's) to Indian River Drive, and Indian River Drive between Fellsmere Road and Harrison Street. We thank you in advance for your consideration of this request. If you have any questions concerns regarding our event, please do not hesitate to call Kathleen Bishop, our Executive Director at 589-5969. With appreciation, Treasurer Sebastian River Area Chamber of Commerce 700 MAIN STREET [] SEBASTIAN. FL 32958-4199 PItONE: (5611 589-5969 i FAX: {561) 589-5993 h t tlr / / sebas tian.ll, us / chamber City of Sebastian 1225 Main Street Sebastian, Florida 52958 Telephone (561) FAX (561) 589-5570 Subject: Request for rental of Community Center Agenda No. Approved for Submittal by: City Manager Department Origin: City Clerk Date Submitted: 1/26/1999 Exhibits: Application dated Janumy 26, 1999 Ill I Expenditure Required: Amount Budgeted: I Appropriation Required: 1 An application has been received fi'om Dora Romero on behalf of Our Lady of Guadalupe Church, requesting the use of the Community Center for a fund raising dance en February 12, 1999, from 7:00 P.M. till 12:00 Midnight. As required by R-98-43, Section 1 (13) (see attached), they are requesting permission to charge an admission fee and also to hold the event until 12:00 P.M. The security deposit has been paid and she was furnished with thc proper forms for thc extra duty police officer service. ]~]~COMM£NDF, D ACTION Move to approve thc request on the condition that compliance with the c. 2tra duF police service is met and also permission to charge an admission fee and extend the time t~ 12:00 Midnight. I i RENTAL PERMIT APPLICATION / o o I DATE: ~- c~ Jq~*--C~ j~ COMMUNITY CENTER 'Office Use REQUESTED Only PL~S~ ANS~ ~S O; NO: ~. A;E K;TCH~ F~C;~ES ;EaU;R~? 2. ARE YOU A 3. Wl~ DECO~ON8 BE P~ UP? 4. Wl~ ~ERE [ AN ~Mi8810N OR DOOR C~RGE? 5. WI~ ALOOHOUC B~GE8 BE 8ER~? (a) If ~r to ~ is Y~, Pe~ee's proof of Age: Make checks payable to City of Sebastian (A service fee of 5% or $10.00, whichever is greater, may be chan3ed for a dishonored check per City Resolution No. R-96-41) FEE .. I I I '1 I SECURITY DEPOSIT ........ $250.00 RENT ........................... ~'~. ~o 7% TAX ........................... OFFICE USE ONLY ALCOHOL IBEVF_~AGE REQUEST ['-I APPROVED Police Department Agreement Verified (if applicable) Key Pickup Date: Key Returned Date: SECURITY DEPOSIT RETURNED BY CITY CHECK # [] DISAPPROVED Date FOR $ - ON: COMMENTS: RESOL~ON NO. R-98-43 A RESOLUTION OF TH~ CITY OF SEBASTIAN, IN'DIAN RI~ER COUNTY, FLORIDA, PERTAINING TO THE USE OF THE SEBASTIAN COMMUNITY CENTER, SEBASTIAN YACHT CLUB, AI~ CITY COUNCIL CHAMBERS; PROMULGATING RULES AND PROCEDURES FOR USE OF SUCH FACHATIES; PROVIDI]qG FOR THE COLLE~ON OF RENTAL FEES, SECURITY DEPOSITS, AND OTHER CHARGES; PRECLUDING THE USE OF THE FACILITIES FOR COMMERCIAL ?ROFIT GENERATING AcrIVITI~; PROVIDING FOR REPEAL OF RESOLLrrlONS OR PARTS OF IEESOLUTIONS iN CONFLICT HEREWITH; A~ND PROVIDil~G FOR AN EFFECTIVE DATE. WHEREAS, tl~ City of Sdnstian owns and main~in~ a Yacht Club and a Community Ccnt~' for thc use and benefit of'its citiz~s and a City Coumil Chambers for the operation of City governm~t; and WHERF_AS, tI~ pmmalgation ofrul~ ofc~i~ and proc~lm~ will promot~ the g~cral h~aith, saf~y and welfare of those pcrsom ur~i~ng such farli~; and WHE~$, the City Council clams it n~m~ry to impose c~tain £~s for the use of certain facilities in order'~o &fray the cost of malnmm~c~ md rqrair. NOW, THEREFORE, BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: SECTION 1. R~ AND REGULATIONS: TI~ City Council h~rcby adopts the following ruin and regulations for the u.~ oftl~ Sebastian Cammmity Cm~ and thc Sebastian Yacht Club. A. Aa appli~oa for a lX~mit to um tl~ Community Ccnm' or thc Yacht Club must be complct~ on forms provi&xi for such pmpo~ by. the City Cliff,. Aa application for a permit must be received by thc City Clerk at Icast two weeks prior to the dam oftl~ requested us~. B. The City. Clerk shall issu~ a u.~ pmnit upon a clem'ruination that the requested nsc is permissible pursuant to this Rc~olutlon and all f~s have be~ra paid In the event that the proposed usc may includ~ activities involving g-ambling, alcoholic bcvcrag~ thc usc o£a facility after 11:00 p.m., or if an admission charge is to be assessed, ~hen the CiG Cl~,k shall not issue a use pcrrai£ until directed to do so by the City Council. I City of Sebastian, Florida Subject: Engineering Services with Masteller & Moler for Stonecrop Dam Replacement Design, Supplemental Agreement #11 Approved for Submittal by: Thomas Frame, City Manager Exhibits: Supplemental Agreement #11 EXPENDITURE AMOUNT BUDGETED: REQUIRED: $43,790 $ 581,927 Date Submitted: For Agenda of: Agenda No. ~ 0/~/~/~-7 Department Origin: Public Works Martha S. Campbell, P.E. 'YV[.~% .~__~ 1/4/99 APPROPRIATION REQUIRED: N/A SUMMARY This transmittal is to request Council's approval for Supplemental Agreement #11 to Masteller & Moler's contract for engineering services. The proposed supplemental agreement will be to engineer the replacement of Stonecrop Dam which is part of Contract No. WM708 with the Florida Department of Environmental Protection and part of Cost Share Agreement #96W257 from St. Johns River Water Management District. The proposed project will be to create a stormwater treatment system for a 500-acre urban basin that drains into the South Prong. The treatment system will have a water control structure and a detention basin. The Stonecrop basin will be located in the drainage right-of-way bordered by Stonecrop, Majestic, and Roulette Streets. The contract with Masteller & Moler will be to prepare surveys, engineering plans, permit applications, construction cost estimates, and construction plans and specifications. The proposed supplemental agreement is for $43,790. The total budget for Stonecrop Dam Replacement is $187,300. S JR MD contribution"is $25,000, FDEP's contribution is $100,500 and the remainder ($61,800) is fi-om the City's CIP under the Elkcam Dam. This supplemental agreement is subject to FDEP approval prior to proceeding with the work. RECQMMENDED ACTIOI~ Move to approve Supplemental A=oreement #11 with Masteller & Moler for $43,790. I I I I I I I i i I I I i SUPPLEMENTAL AGREEMENT # l 1 (continued) DATE: December 22, 1998 Task C Prepare final engineering construction plans with design details, final contract detailed designs, specifications, and final cost estimate for city review and acceptance. Project ready for advertisement for bids. DELIVERABLES: Reports, Plans & Specifications · Letter discussing conceptual engineering design and sketch of Stonecmp Dam- replacement, budget construction cost estimate and plan of survey (Task A) · Design (70%) - Design and construction plans and preparation, environmental evaluation, soils report, preliminary cost est/mate and submittal of SJRWMD 40C4 ERP permit application (Task B) ° Final re,dew designs (100%) - Final construction plans and contract specifications and final cost estimate for review by city (Task C) ° Final construction plans and specifications - incorporates comments from city (Task C) SCI-IED~ TASK A TASK B TASK C 30 DAYS FROM Notice to Proceed 90 DAYS FROM Notice to Proceed af[er City review of Task A 30 DAYS FROM Notice to Proceed after City review of Task B .Page 2 of 3 DATE: December 22, 1998 SUPPLEMENTAL AGREEMENT # 11 (continued) ENGI'NEERI~G FEES: 1) A manhour est/mate for Tasks A, B, & C including supplemental services of soils investigations, env/ronmental services and surveying is attached. 2) Fees for the herein described services shall be based upon the following schedule. Each task shall not exceed the maximum value stated. No additional billing for these services shall be made unless approved by the City in advance. 3) Fees will be billed monthly based upon percentage of completion of each task. The City shall-reimburse the Consultant for cost of copies, and blue prints in the mount not to exceed $1,115.00. TASK A TASK B TASK C Letter Report on Existing Conceptual Engineering Products Soils Services, Environmental Senates, Surveying & Design 70% complete and SJRWMD permit submittal Design 100% complete, Plans and specifications Cost of Copies & Blueprints $11,370.00 $ 20,895.00 $10,410.00 $ 1~115,00 Total Supplemental Agreement $ 43,790.00 IN WITNESS WI4E~OF, the parties hereto have made and executed th/s Agreement as of the day and year first written above. .' OWNER; THE CITY OF SEBASTIAN By: Name: Thomas W. Frame Title: City Manager Address for giving notices: 1225 Main Street Sebastian, Florida 32958 MASTELLER & MOLER, INC. Name: Earl H. Masteller, P.E., DEE Title: President Address for giving notices: 2205 14m Avenue Vero Beach. Florida 32960 Page 3 of 3 I I I I I I I I I I I I I I I Ci o f S e? ajtian i Sebastian, Horida 329B8 Telephone (56I) 589-5330 . F~ (~61) $89-$~70 Exp~ for Co.oil Mmb~ Neub~ger to a~d I Adv~ ~tim~ for El~ Mmeip~ OfficiOs. Depa~ent Origin: Date SubmiRed: ~99 I Approved ~or SubmiRal by: Ci~ M~ager ~ ~ ForAgenda of: ~I0/99  ~bi~: Co~e~ ~o~afion ........ Expenditure R~uired: ~ount Budgeted: Approp~afion Required:  $125.00 Co~ ~s~fion $2500.00 ~u~tion T~vel m & ~m C~a B~ch $2~00.00 Travel I SU~RY Cobh mmb~ Neub~g~ ~sh~ ~ a~d ~ Adv~ ~fim~ for El~t~ M~cipal OfficiOs spo~ ~ ~o Flofi~ ~fime of ~v~eut ~ C~a ~ Florida on Febm~ 26-27, 1999. S~fion 2-34 of ~ C~ of Or~ req~ prior ~prov~ of ~e Ci~ Comcil for re~b~sement of I. ex~, subj~ ~ l~mfiom ~ ~ ~e State, wMch ~l ~ Mc~ M co~<tion ~ a~nd~ce at a ~eren~ or ~cfion a Ci~ ComcH member a~n~ on ~CO~g~DgD A~ON Approve re~b~emmt of ~p~es ~c~ by Comcil mmber Neuberger for hs a~end~ce at Advmc~ ~fim~ for EI~ M~cipal Officials i ~~V~~~ Institute For ELECTED . Re~iso'ation Form 1999 ADVANCED I~$'ITTUTE FOR ELECTED MIJNICIPAL OFFICIALS February 26 - 27,1999 Cocoa Beach Hilton 1550 North Atlantic Avenue Cocoa Beach, Florida I I I I Please print or typ~ You may duplicate thi~ form for additional reg~trazion (Picnic wr~te nmnt as yo~ wi~h it~to appear on ~ certificate) (Name a~ you w~h . to appear on badge-~ Advanced Registration Fee: $125.t}0 (includes coffee breaks and loach on both days). Make cheekpayab/e to University of Central Florida and marl to: Flori~'Iastitnte of' G°Vernment Uaiverlity of Central lqo'rida 36 W. Pine Streeg Suiti 204 Ori~do, Florida 32801-26i2 For addifiousl information, ple~e call the Florida Institute of Government, llui~e~i.tyr~3f ce~ta'al Florida at (407) ~I?-7945 or SC 344-7745. The fax number is (40'0 317-77S0.'~ :~ '- .... '" Cancellations must be re~eived and confirmed in writing by February 1S, 1999 to ensure a r~fund. If you ~re physic:ally challenged and FequiFe special services, or if' you have special dietary needs, please attach a written description of those needs to your registration. Advanced Insfi~te for Elected Municipal Oflichh Hotel Registration Iaforamion: Arrival Date Depamne Date Call Hotel Reservatlons,direct.l!,_ Number of Rooms ~ Number in Party Name Address Cocoa Beach .Riltou 1550 North Atlantic Avenue Cocoa Beach, FL 32931 (407) 799-0003 or (800) 526-2609 City/State/Zip Credit Card # ..Exp. Date Special ~ rote: $77/mdard roo~ You need to mnloe your reservations by Janua~ 25, 1999 ia order to take advantage of this UCF/]Rstitnte of Gnv~_rnm~nt rate. Ask for the UC~/lns~_'tute of Government rate. FOR TAX EXI/MFr STATUS: To obtain tax- exempt ~ you ne~d to supply thc hotel with a cow of the city tax exempt certificate when you make a remrvatiot~ and pay with either a city c~edit card or ci~ check. I I I 1 ,I I I I I I I City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 n FAX (561) 589-5570 Subject: Job Description for -. Purchasing & Contract Administrator/Assistant to the City Manager Approved for Submittal by: City Manager Thomas W. Frame Agenda No. Department Origin: Human Resources Date Submitted: February 3, 1999 For Agenda of.' F~bruary 10, 1999 Exhibits: "A" Purchasing & Contract Administrator / Assistant to the City Manager EXPENDITURE Amount Budgeted: APPROPRIATION REQUIRED: $ $Curremly Budgeted REQUIRED: SUMMARY STATEMENT The City Council has already approved the position of Assistant to the City Manager/Purchasing Agent. The current job description was never adopted by resolution. This is a request to adopt the new job description of Purchasing & Contract Administrator/Assistant to the City Manager. RECO~ATION Move to adopt Resolution No. F ,9%09, approving a job description for Purchasing & Contract Administrator/Assistant to the City Manager. RESOLUTION NO. R-99-09 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A JOB DESCRIPTION FOR THE POSITION OF PURCHASING & CONTRACT ADMINiS~TO~ASSISTANT TO CITY MANAGER; PROVIDING FOR INCLUSION OF SUCH JOB DESCRIPTION IN THF~ CiTY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVH)ING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT i:IEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WltEREAS, the job description of Purchasing & Contract Administrator/Assistant to City Manager will replace the current job description of Assistant to the City Manager/PurchaSing Ageht which was never adopted by resolution. NOW TItEREFORE, BE IT RESOLVED by the City Council of the City of Sebastian, Indian River County, Florida, as follows: SEC..TII)N 1. The job description for the classification of Purchasing & Contract Administrator / Assistant to City Manager as attached hereto as Exhibit "A" is hereby adopted. SECT[ON 2_~ The City Clerk is hereby directed to supply a copy of this job description to the Mayor and members of the City Council, City Manager and all department heads for inclusion in the Standard Operating Procedures for the City. The City Clerk shall note the number and date of this Resolution on said job description. SECTION 3. All Resolutions or pans of Resolutions in conflict herewith are hereby repealed. SECTION 4. This Resolution shall take effective immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Ruth Sullivan Vice-Mayor Martha Wininger Coun¢ilmemeber Louise R. Cartwright Councilmember Larry Paul Councilmember Chuck Neuberger The Mayor thereupon declared this Resolution duly passed and adopted this ,1997. Day of CITY OF SEBASTIAN, FLORIDA ATTEST: By: Ruth Sullivan, Mayor Katlxryn M. O'Halloran, CMC/AAE City Clerk (Seal) Approved as to Form and Content: Richard Stringer, City Attorney POSITION DESCRIPTION ~EXHIBIT A" Class Title: Purchasing & Contract Administrator / Assistant to the City Manager Department: CITY MANAGER Grade Number: Division: Union: EXEMPT Date: 02/10/99 Location: GENERAL PURPOSE Under direction of the City Manager, plans, organizes and supervises the procurement activities of the City, performs difficult professional work regarding research, analysis and development of contracts to procure equipment, supplies and services for the City; and performs related work as required. Acts as Professional liaison and assist in administrative functions including receiving requests and complaints from the public. SUPERVISION RECEIVED Works under the general guidance and direction of the City Manager. SUPERVISION EXERCISED None ESSENTIAL DUTIES AND RESPONSIBILITIES Plans, organizes, directs and reviews all functions relating directly to the purchase of equipment, supplies and services for the City. Develops and writes standardized and specialized bid specifications through researching and analyzing information to determine product and/or service need and availability; Researches, examines and analyzes bid proposals: requests for proposals, and prepares recommendations to City Manager and City Council regarding awarding of bids; Confers with department head and other employees to establish specific descriptions of requested goods or services; Consults and confers with vendors to obtain and provide market information to departments; Establishes procedures to receive and disperse all stock and other items to requisitioning departments; Purchasing & Contract Administrator Assistant to the City Manager Recommends disposal of surplus City equipment, supplies and material; Supervises, evaluates and provides training for subordinate personnel; Assists in the preparation and administration of the City's purchasing budget; Confers with City Attorney in reference to contracts; Administer policies and procedures to ensure municipal compliance to related laws and ordinances; Establish standards to ensure the effective administration of contracts and purchases; Approves purchase requisitions, purchase orders, and invoices for payment; DESIRED MINIMUM QUALIFICATIONS Qualifications: To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may .be made to enable individuals with disabilities to perform the essential functions. Education and ExDer~enc~: Graduation from a four year college or university including courses in business administration, public administration, accounting, business law, basic computer science or related field. Education may be substituted by additional experience in contract purchasing on a two years of experience for each year of education basis. Four years of experience in contract purchasing of a variety of material, services and equipment. Must demonstrate solid organizational, management, and negotiating skills, principles and.methods. Necessary KDQwledge. Skills and Abilities: Methods, procedures and systems purchasing; used in governmental Legal aspects of government contracts, contract services and bidding and procurement procedures; Construction methods, materials, and services; I ! Basic computer applications; Purchasing & Contract Administrator Assistant to the City Manager Prepare clean and concise reports; Prepare bid specifications and write contracts; Develop procurement procedures and programs which will result in most efficient use of City funds; Understand and carry out oral and written instructions; Establish and maintain effective working relationship with employees, vendors, and others; SPECIAL REQUIREMENTS' Computer literate and have a valid State driver's license. TOOLS AND EQUIPMENT USED Personal computer, including word processing calculator; copy and fax machine; phone. software; PHYSICAL DEMANDS The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform, the essential functions. While performing the duties of this job, the employee is frequently required to walk, sit and talk or hear. The employee is occasionally required to use hands to finger, handle, feel or operate objects, and reach with hands and arms. The employee must frequently lift and/or move up to 10 pounds. Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception, and the ability to adjust focus. WORK ENVIRONMENT The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Purchasing & Contract Administrator Assistant to the City Manager I i I i I i I i I i I I I -.I I I i i i While performing the duties of this job, the employee generally is indoors in an office environment; occasionally works outside. The noise level in the work environment is usually quiet while in the office. SELECTION GUIDELINES Formal application, rating of education and experience; oral interview and reference check; job related tests may be required. The duties listed above are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to the position. The job description does not constitute an employment agreement between the employer and employee and is subject to change by the employer as the needs of the employer and requirements of the job change. Effective Date: Resolution ~,mher: Revision History: 4 Purchasing & Contract Administrator Assistant to the City Manager City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 Subject: New Job Description Police Records Supervisor Approved for Submittal by: City Manager Agenda No. qq'~ 7 Department Origin: Human Resources Date Submitted:Y~bruary 3, ! 999 For Agenda of: February 10, 1999 Exhibits: 1 (A)- Resolution R-99-10 SUMM~ARY STATEMENT This transmittal is to request Council's approval to adopt the position description of Police Records Supervisor without adding additional staff. No description has been adopted by resolution for this position. Exhibit "A" is the description under consideration for adoption. This position would be at the existing pay grade of 25 which currently has a minimum pay grade of$11.34 to a maximum pay grade of $14.38 The existing supervisors in other departments are classified at the pay grade of 25. The new position description will supersede and replace the current position of Administrative Secretary which at the pay grade of 18 currently pays a minimum of $9.22 to a maximum of$11.69. The existing job of Administrative Secretav] requires the employee to perform evaluations, supervises 3 employees, deals directly with sealing and expunging arrests or correcting data, and has extensive responsibility dealing with other agencies. These duties are not described in the job description of Administrative Secretary. In accordance with Section 2-4 of the Code of Ordinances, all position descriptions shall be adopted by Resolution. R.ECOMMENDAT[ON Move to adopt Resolution No. R-99-10, reclassifying the position of Administrative Secretary, currently at the pay grade of 18, and approving position description of Police Records Supervisor at the pay grade of 25. RESOLUTION NO. R-99-10 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A POSITION DESCRIPTION FOR THE JOB OF POLICE RECORDS SUPERVISOR; PROVIDING FOR INCLUSION OF SUCH POSITION DESCRIPTIONS IN THE CITY OF SEBASTIAN STANDARD OPERATING PROCEDURES; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND FROVID[NG FOR AN EFFECTIVE DATE. WHE~S, the City Manager has determined that the City has a need for a Police Records Supervisor. NOW Ti:iEREFORE, BE IT RESOLVED by the City Council of the City of Sebastian, Indian River County, Florida, as follows: SECTIQIN 1. The position description for the Police Records Supervisor is attached hereto as Exhibit "A" is hereby adopted. SECTION 2. The City Clerk is hereby directed to supply a copy of the position description to the Mayor and members of the City Council City Manager, and all department heads for inclusion in the Standard Operating Procedures for the City. The City Clerk shall note the number and date of this Resolution on said position description. SECTION 3. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed. SECTION 4. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved tbr adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Ruth Sullivan Vice-Mayor Martha Wininger Councilmember Louise Cartwright Councilmember Larry Paul Councilmember Chuck Neuberger of The Mayor thereupon declared this Resolution duly passed and adopted this ,1999. CITY OF SEBASTIAN, FLORIDA ATTEST.~ By: Ruth Sullivan, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk (Seal) Approved as to Form and Content: Richard Stringer, City Attorney day i "EXHIBIT A" I JOB DESCRIPTION Class Title: POLICE RECORDS SUPERVISOR I Resolution Number: R-99~10 Department: POLICE Division: Records FLSA Status:Pay Grade 25 Union: CWA I Date Prepared: 02/10/99 Approved Date: SUMMARY: Under direction, the purpose of the position is to supervise and coordinate activities for assigned sections of the City of Sebastian Police Department Records Bureau. Sections of responsibility include, but are not necessarily limited to, FCIC/NCIC system entry, arrest history, records counter work for public and law enforcement personnel,' injunction orders, receiving desk, juvenile desk, and Uniform Crime Reporting. Employees in this classification assist in all areas under charge as needed, and are responsible for responding to complex and non-routine issues unable to be resolved by unit personnel under charge. Performs related work as directed. ESSENTIAL DUTIES AND RESPONSIBILITIES: include the following.· Other related work may be assigned as needed. Provides direct supervision and coordination for assigned records functions under charge; provides training and assistance to unit personnel as needed. Supervises receipt, classification, and entry of ·rePorts and.record data in compliance with State Department ·of Law Enforcement prescribed procedures and guidelines. Researches and responds to complex and non-routine issues~.unable to be resolved by unit personnel under charge, i.e.,' ~ocating records, reports, and other specified data, to include accessing archived data when required. I I I i I · · · Supervises receipt of court orders, verifies such for accuracy and completeness, and ensures compliance with court order requests concerning sealing,/expunging arrests or correcting data. Oversees operation of unit automated records system in the entering, modifying, canceling, and validating of missing persons, stolen items, and other system data. Ensures the preparation of daily mailings for a wide' range of requested items, i.e., background checks, accident reports, incident reports, affidavits, defendant jackets, arrest bookings. Supervises the counter functions of responding to in-person public requests in compliance with guidelines of Chapter 119, and in responding to law enforcement and outside agency requests for records and F.S. related data. I I Has charge of and operates the network server for the local area network (LAN System) within the Police Department. Oversees administrative support duties relating to data management, i.e., compiling hard copy, answering telephone inquiries, filing documentation, making required copies, transmitting information to proper recipients. Supervises the processing of civil injunctions, misdemeanors, and arrest histories as applicable to section of assignment. Supervises processing of requests from fingerprint and booking units as applicable to section of assignment. The list of essential functions, as outlined herein, is intended"to be representative of the'tasks performed within this classification. It is not necessarily descriptive of any one position in the class. The omission of an essential function does not preclude management from assigning duties not listed herein if such functions are a logical assignment to the position. MARGINAL While the following tasks are necessary for the work of the unit, they are not an essential part of the purpose of this position and may also be performed by other unit members. Performs related duties as directed. ~I~iMUM ~I~ AND EXPERIENCE High school diploma or GED supplemented by a minimum of three (3) years progressively responsible lead worker or supervisory, experience in the records function to include the receipt,, processing and retrieval of records for a small to moderate scale governmental or law enforcement agency; or an equivalent combination of education, training, and experience. SPECIAL FCIC/NCIC certification as a terminal operator must be maintained while serving in this position. PERFORMA~ ARmOr, IDES R~t~ U~ilization: Requires the ability to evaluate, audit, deduce, and/or assess data and/or information using established criteria. Includes exercise of discretion in determining actual or probable consequences, and in referencing such evaluation to identify and select alternatives. ~uman Interact~on: Requires the ability to effectively function in a supervisory capacity for a group of workers. Includes the ability to make decisions on procedural and technical levels. Equipment. M~¢h~nery. Tools. and Mater~ls Ut~/~zation: Requires the ability to operate and control the actions of equipment, automated systems and/or materials requiring complex and rapid adjustments. Verbal Aptitude: Requires the ability to utilize a wide variety of reference, descriptive, and/or advisory data and information. Mathematical ADB%~Bd~: Requires the ability to perform addition, subtraction, multiplication and division. FB~ctio~al Reasoning: Requires the ability to apply principles of influence systems, such as motivation, incentive, and leadership. Ability to exercise independent judgment to apply facts and principles for developing approaches and techniques to problem resolution. Situ~tional~easonin~: Requires the ability to exercise the judgment, decisiveness and creativity required in situations involving evaluation of information against measurable or verifiable criteria. ADA COMPLIANCE Physical Ability: Tasks involve the ability to exert light physical effort in sedentary to light work, but which may involve some lifting, carrying, pushing and/or pulling of objects and materials of light weight (25 pounds). Sensory Requirements: Some tasks require visual perception.~ and discrimination. Tasks require oral communications ability. E~viron~gntal FactQrS: Tasks are regularly performed without exposure to adverse environmental conditions, such as dirt, dust, pollen, odors, wetness, humidity, rain, fumes, temperature and noise extremes, machinery, vibrations, electric currents, traffic hazards, animals/wildlife, toxic/poisonous agents, violence, disease, or pathogenic substances. The City or Sebastian is an Equal Opportunity Employer. In compliance with the Americans with Disabilities Act, the City of Sebastian will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective and. current employees to discuss potential accommodations with the employer. City of Sebastian, Florida Subject: Resolution No. R-99-11 Vacation of Easement - Wilsnack Lots 22 & 23, Block 187, Sebastian Highlands Unit 8 Approved for Submittal by: Agenda No. Department Origin: Growth Management /'-'~ (TH) Date Submitted: 2/4/99 For Agenda of: 2/10/99 Exhibits: 1) R-99-11 EXPENDITURE REQ~D: None 2) Application 3) Site Map AMOUNT BUDGETED: None 4) Staff'Report 5) Utility Letters APPROPRIATION REQUIRED: None SUMMARY This is a request for a vacation of the public utility and drainage easement located on the southwest six (6) feet of Lot 22, and the northeast six (6) feet of Lot 23, Block 187, Sebastian Highlands Unit 8, less the northwest ten (10) feet thereof. Adopt Resolution No. R-99-11. RECOMMENDED ACTiON RESOLUTION NO. R-99-I 1 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RiVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 22 AND 23, BLOCK 187, SEBASTIAN ..HIGHLANDS UNIT PROVIDING FOR CONFLICTS ltEREWITH, PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. WHEREAS, a building permit was issued for construction ora new single-family ~ residence across two lots at 850 Clearmont Street within the City of Sebastian under the mistaken belief that the lots were in one of the units of the Highlands that provides for automatic abandonment of sideyard easements in such situations; and ' WHEREAS, the owner of the land upon which said improvements were built has filed a request for abandonment of the public utility and drainage easements along the interior lot lines of the site to bring the site into compliance; and WHEREAS, the providers of telephone, electric, cable, water, and drainage utilities have all consented to abandonment thereof} NOW THEREFORE, BE IT RESOLVED BY THE COUNCiL OF THE CIT~ OF SEBASTIAN, as follows: Section 1.' VACATION OF EASEMENT. The City Council of the City of Sebastian does hereby vacate, abolish, abandon and discontinue all of that portion of land previously dedicated for a public utility and drainag~ easement described as follows: The northeasternmost six (6) feet of Lot 2~ and the southwesternmost six I'0) feet of Lot 22, less the northwesternmost ten (10) feet thereof, all being in Block 187, Sebastian Highlands Unit 8, as recorded in Plat Book 6, Pa~e 10, the Public Records of Indian River County, Florida, all located within the City of Sebastian, Indian River County, Florida Section 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. RECORDING. records of Indian River County, Florida. Section 4. upon its adoption. This resolution shall be recorded in the pubhc EFFECTIVE DATE.This resolution shall take effect immediately The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember vote, the vote was as follows: Mayor Ruth Sullivan Vice-Mayor Martha Wininger Councilmember Louise Cartwright Councilmember Larry Paul Councilmember Chuck Neuberger and, upon being put into a The Mayor thereupon declared this Resolution duly passed and adopted this 10th day of February, 1999. CITY OF SEBASTIAN, FLORIDA By: Ruth Sullivan, Mayor ATTEST: Kathryn M. O'Hallo.an, CMC/AAE City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney Permit Application No. City of Sebastian Development Order Application Applicant (If not owner, written authorization (notarized) from owner is required) Address: ~,..5'0 Phone Number. ( ) ~-~2 7' ~(;~) ! d FAX Number:. ( ) E-Mail: Owner{If different from applicant) Name: Address: Phone Number. ( E-Mail: FAX Number. ( ) Type of, permit or action requested: ,, PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, ORAWINGS, ETC. SHALL BE ATTACHED AND 81/2= BY 11 = COPIES OF ANY A3-1'ACHMENTS SHALL RE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. .. IA~ Project's Name (if applicable): B. Site Information Address: Lot: BlocYc Unit; Indian River County Parcel ~. Subdivision: ]~0 h I a nc~5 Zoning Classification- Existing Use: Futura Land Use: :Proposed Use: - C. Description of proposed activity and purpose of the requested permit or action (attach extra sheets if [ Page ~ of 3 T Revision : Devetopmen¢ Applicaffon File Name: Doe Project Personnel: Agent: Name: Address Phone Number. ( ) E-Mail: Attorney: Name: Address Phone Number:. ( ) E-Mail: Engineer: Name: Address Phone Number. ( ) E-Mail: Surveyor:. Name: Address Phone Number. ( ) E-Mail: FAX Number. ( ) FAX Numl3ec ( ) FAX Numbec ( FAX Number:. ( ) Pen'nit Application No. ~ ~E ~L R~RESENTA~E OF ~E OWN~ OF ~E P~QP~ OESC~a~ ~CH IS ~E SU~ECT ~R OF APPU~ON, AND ~T A~ ~E INFQR~GN, ~PS, DATA AN~QR S~CHES PRQ~D~ IN ~lS APPUCA~ON ARE ACCU~ AND ~UE TO ~E ~ST OF ~ ~QW~DGE AND aE~EF. ~IGNA~RE ASiDEN~FI~CN, ~[S~ DAYQF ~ , 1977 . NGTARY'S SIGNATURE PRINTED NAME OF NC3TARY (~MMIS.~IQN NO JF_..~P!R~T~GN CD- 200't J Ap.~roved: 08/27/97 I Revision: Permit Applicm~an No. T1~e following is r~ir~ f~r ~11 c~r~s~ ~1~ ~m~~ zeni~g (including rezoning), site plans,exceptions,c°nditi°nai andUse pe~i~,appeais, special use pe~i~ J~E, __ ~E OWNE~(S) . ~E ~L REPRE$~A~ OF ~E QWNE~ OF ~E PRQP~ DESCRIBE~ WHICH IS ~E SU~ECT OF ~IS APPUCA~ON, HEREBY A~OR~ ~CH A~O ~RY M~BER OF ~E ' ~QARD/COMMISSICN OF ~E C~ OF S~AS~N (~E "~OARD PCo~iSSlON~ TO PHYSI~Y ENTER UPON ~E PRQPER~ AND ~ ~E PRQPER~ 1N CQNNEC~QN W~ ~/QUR P~DING ~PWCA~QN. I~E HEREBY WAI~ A~ Q~EC~QN OR D~SE I~E ~Y ~, DUE TO ~E QUASI-JUOIC~L NACRE OF ~E PROCEEDINGS, RESUL~NG ~QM ANY ~QARDJCQMMISSION M~B~ ~ING OR VI~ING ~E PROPERS, INCLUDING ANY C~IM OR ASS~QN ~T ~/QUR PRQC~U~L OR SUB~ DUE PROCESS RIGHTS UNDER ~E FLORIDA CQNS~QN OR ~E UN~ ~A~S CQNS~ON W~E ~O~ aY SUCH E~RING QR ~ING. THIS WAIV~ AND CONSENT IS BEING $1GN~ BY M~US VOLU~ARILY AND NOT AS A RESULT OF ANY COERCION APPUED, OR PRAISES ~DE, BY A~ ~P~O~E, AGENT, CQ~CTOR OR Q~L OF ~E C~ OF SiGNA~RE DA~ who is p~onally ~own to me or p~du~ ' ' ' as ide~tifi~fion, this ~ ~y o,~ , 19.~. ' Nata~ s Signmure ~- .~~ ~ ~~~ ~ ~ ~ ..... : Cammi~ion No~piratian .... Seal: ~ ._. - ..... ~, ' ...... A~nr~ve~: 08/2.7/97 t Revision: ~ IWle Name: Boa I I l i i I I I I I ! I I I I I I I i Permit Application No. Supplemental Information Easements, vacation of Describe the easement to be vacated (provide a legal description, if possible): 1 Why is this vacation of an easement being request? 3. Attach a survey showing the location of the property lines, all easements and all structures on the property. Form CD. 2009 Approved: ~/27/97 Page f of ~ Vacation of Easemen~ Revision: File Name: $ieasev ABANDONMENT OF EASEMF, NT Staff Report Project Name: 'Property of Eric W'flmack Requested Action: Abandonment of the public utility and drainage easement located on the southwest six (6) feet of Lot 22, and the northeast six (6) feet of Lot 23, Block 187, Sebastian Highlands Unit 8, less the northwest ten (10) feet thereof. Project Location: a. Address: b. Legal: Project Owner: a. Name: b. Address: 850 Clearmont Street Lots 22 & 23, Block 187, Sebastian Highlands Unit 8 Eric Wilsnack 850 Clearrnont Street Sebastian, FL 32958 Project Agent: a, Name: N/A b. Address: ! Project Description: a. Narrative of proposed action: It has come to our attention that an incorrect procedure was followed to abandon the easement between Lots 22 and 23, Block 187, Sebastian Hig31ands, Unit. 8. In Units 9, 10, l 1, 13, 14, 15 16 and 17, a note in the plat allows for the easement to automatically be abandoned when the owner wishes to build across two lots. In those cases, the easements revert to the outside edges of the property and the Building ! ! Department requires a signed verification from all utilities that nothing akeady exists within the easements in question. This procedure was followed for the lots referenced in this application, I and a building permit was issued after verification was provided from the utilities involved. However, the plat for Unit 8 does not provide for that method of abandonment and, therefore requires a formal vacation of the easement by City Council. To correct this error, staff has again requested the utilities to approve the abandonment and has prepared Resolution R-99-11 for City Council approval. b. Zoning: KS-10 c. Future Land Use: LD d. Existing Land Use: Residence 7. Utilities Comments: a. Florida Power & Light: approved b. Southern Bell: approved I e. Falcon Cable: " approved d. Indian River Coun~ Utilities: approved I e. Ci~ Engineer (drainage): approved "1 8. Growth lVlanagement Director Comments: I 9. Staff Recommendation: Approve Resolution K-99-11. I I 1 i L0?'98(MON) 10:56 FPL ST. LUCIE DISTRIBUTION ~£C ~.~a--~:4?a~-' BLDG DEPT S[BASTIAM I I TEL:561 489 Cit7 of 122~ .MAIN STR~.ET Q SEBASTIAN, FLOR.~DA 329~8 TELF.~HONE (561) 589-S$37 ['1 FA~ (561) December 2, 6266 i ~ese~on of R~ement to be nb_radons-d: TI~ pub~ ~ ~d ~e ~~ Io~ on · e ~ou~ s~ (63 ~et ~Lot ~ ~ ~ no~ gx (6) ~e~ of Lot 23, Block lST, Seb~i~ ~~ U~t S, less ~ no~e~ t~ (10) feet APPROVED: ~ .~PRDVEDfDENIED BY: DENIED: DATE: (ign~ture) COM1V~NT$: Ydng, City of Sebas~, C~mmuniW Development Department (561) 589-2566. P. O02 12/04/~8 11:17 BELLSOUTH AUIATION BLUD -) 56158925~6 N0.883 P001 i ~CC. 3. 1998''11.: 31 ~m ---BLD~ DEPT $C-~¥T-I-~-m-'-- NO. 988 ~. 8 I City of Sebnsttnn I D~~ 2, 199~ ,. ~p~on o~&~t m ~ a~do~d: ~ ~ ~ ~ ~ ~~ ~ on E~~: ~d Hom~ B~ ~' F~ NO: ~-~1~0 - i I F~ Ne. (561) I I ~Qtr~sv ~o~ _~n~_ o~t~ .o~ ~e s~u~ ~ (~) ~ ~Lot ~, ~ ~e ~~ ~ (~) ~ o~t 2~, Block ~ ~: ~ Vic~, F.couCnMe F~ NO.. S8~38,2 CO~~: - = = I I I I I I I DEC 2~ '98 12:02PM I R CO UTILITIEq P.2 l ', l ~es~e2o, ~z~eme~t~_~_,~_~: T~ ~ ~,si ~-.~ ~~ '.~e so~Ev,~ s~ (~) ~et o£X~c 2~ and t~~ m~ (6) ~ o~t 23. Block 187. ~ebm~ I-r~bia~ds Unit ~, less th, =c~I~e~t re= (10) ~ thereof Terry ~- ]~ma, I.B.C, U~llt~ FAX NO: APBI~OVED:~ COMMENTS; ~ Cky of Sebssti~ Communky D~,~lopm~: Dep~'~nmt No. (561) $tt9-25~6. iDEC. ~.~1B98 i 1: 37AM BLDG D£PT SEBASTIAM ! City of Sebazfian 19-25 MAIN STREET 0 REB~T~, FLORIDA 32958 TRr.~PHONE (56I) 589-5537 [] FAX (561) 589-2566 .REOIYEST__F_OR__AB__ANDO~NT O_F EASE~ December 2, 1998 HO. 90E P. ~ I i I I I I Descrlutio_n_ofY.,asem_.ent_to_be abandoned: The public ut~ity and drainage easement.located on the southwe~ six (6) feet of Lot 22, and the northeast six (6) feet of Lot 23, Block 187, Seba.~dan Highlands Unit 8, le~s the northwest ten (i0) feet thereof. Martha. Campbell, City Eagineer APPROVED: ~,z' DENIED: DATE: FAX NO: 58%6209 /~-// APPROVED/DENIED BY: COMMENTS: i Return to: lan King, City of Sebastia~ Comm-nity Development DeparUnent Fax No. (561) 559-2566. I i I City of Sebastian 1225 Main Street Sebastian, Florida 32958 Telephone (561) 589-5330 FAX (561) 589-5570 Subject: Angler's Obsession Code Enforcement lien Approved for Submi~t,al by: City Manager Exhibits: order in CEB case #98-113684; DEP letter Expenditure Required: $135.50 Amount Budgeted: $135.50 Appropriation Required: N/A Department Origin: City Attorneygi6~' Date Submitted: 2/4/99 For Agenda of: 2/10/99 SUMMARY STATEMENT On 9/28/98 the Code Enforcement Board imposed a fine of $250 per day on Robert Taylor and his business Angler's Obsession. The statutory 90 day waiting period has run and the City may file a foreclosure action on the lien resulting from the fine, however, ti~e defendant has appealed. Although the appeal is not an automatic stay of the enfOrcement case, it is very likely that such a stay would be requested and granted. Additionally, State DEP has initiated enforcement action against the Defendant as well.. RECOMMENDED ACTION Authorize thc City Attorney to file for foreclosure of the lien in Code Enforcement Case No. 98-13684. C~NT CITY OF SE~T~, Petitioner, v$, . Robert Taylor, ~gler's ~sessLcn Respondent. F~INGS OF FACT, C~CLU~I~S OF ~, ~ O~ER . THIS ~USE c~e Enforcement Board of ~he Ci~y of S~i~, or. Au~ 19, 1998 after due no~i=e ~o ~e Resgond~, and based on~ the evidence ~re~ented, ~h. Code ~fo=c~n~ CCT. ~6.1~98 S: 34PM I3LDG D~:~T Si~BASTIA,',I MO. 55~, p. WHEREFORE, based upcn the aforementioned Findings of Fact, the i ! Code Enforc~ent Rcard ~kes ~he following: CONCLUSIONS OF LAW Tna.t ~he Re~= is in violati~__of S~ion 20,A-~..5~ Section i 20A-10,~2.:Bi..2.).,.. $e~i.0n,, 20A-13,$ and ,2,0A-15,~9, ,;:,ar~ct ~--~.on 20A- m 9.2(3.9) o~' ~c. hm ~ l:)~v~].cq=nm'~ Cc~e, City of Se~as~i~, Flo=i~a; an~ S~t~..~ :B0-:~. off' thJ ~ of O~i~., Ci~ or' Smbas~i'an, I Florida. (A=~ache~) · i m WHEREFORE, based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby ordered as follows: m THAT TH~ RESPONDENT SHALL HAVE THIRTY (30) C~ DAYS FRCM i I TH~ ~ATE OF THIS ~JRLiC HEARING, SPECIFI.~%LLY, BY MIDNIGHT OF SEPTEMBER 18, 1~98, TO ~ING ALL VIOLATIONS ON T.~ PROPRRTY INTO C~LL~C~. CCT.~5. tcjcj8 $:3~;PM BL.DG DE]=T S~:3.ST]:'p-d~ I"~0.55~ P.~/'?' T~ ~~Z~ ~ ~ T~, ~ ~E ~ ~ A F~ OF $2S0.00 ~ ~ ~TI~ ~ ~Y ~ V~O~T~ONS If the R~o~en~ ~es not comply on o= before the date set for co~i~ce, ~ Order ~osing a fine ~y be reco=ded Official Recor~ of I~di~ R~ve= ~y, ~d once recorded, CONSTI~; A bILN aga~st ~.~ proper~y upon whi~ ~he violations exis~ ~d ~on ~y o~her real or personal property Re~ponden~. If ~e Respon~ repea=s or causes a reoccur=ence violation, =his Bo~d shalt, al=e= notifica=ion =o =he~ Respondent, reconvene in ~e ~cil ~ers to ~ar f~er evidence on'the iseue of ~li~ ~d ~y i~ose a fine of ~p ~o ~he ~ o~ ~500.00 per ~y for ea~ ~y ~e violation.continues The forego~g Order was ~v~ for a~pt~on by Cod~ En~oru~men= Boa=d ~er ~. ~. The ~ion was seconded by Code ~forc~ Bo~d ~er ~. C~~Y ~d, upon being put to vo~e, =~e vo~e w~ as follows: Vice ~i~ Sal~a~ore Neglia Board H~er Th~s Cc~elly Board H~er K~ Ccsco ~oard H~er ~len S~cfield ~S ~oard M~er ~oseph Flesh, er ~oar~ M~er Do~a Merri~ 0Cr.~6.1998 5:3SPM BTDG DEP~' SEB~ST~'I · MO.S~ P,?;? The Chai~n ~ereupon dec!arid ~'nis order duly pa~s~d ado~,~ ~i~ i~ ~ o~ ~s~ , i~. . DO~ ~ O~E~D ~ S~astian, Indian Rive= Co~ty, Florida, this ;~ ~y of ~. , 1998.CITY OF SE~T~, Co~e Eaforcemen~ Bcard ~C PRO ~C i I I i i I I I I I ATTEST: ~, Clerk, Ccd~ Enforcemen~ Board L~w~o~ Chdes Governor CERTIFIED MAIL Z 461 767 O64 Robert J. Skidmore, Inc. 11140 US Highway 1 Sebastian, FL 32958 Department of Environmental Protection Central DiStr~..,. 3319 Haguire Boulevar~ ~it, e 232 Orlando, Ror~a 32803~i OCD~ERP-99-0010 Indian River County- ERP Indian River Permit and Lease Non-compliance Dear Mr. Skidmore: Virginia B. Wetherell Secre~r7 The Department has received and acted upon your request for transfer of the..pe~it (31-. 242130-9) to Mr. Taylor. However, this late transfer can not absolve you of liability for the violations which occurred prior to the transfer. By accepting the permit you accepted full :. responsibility for the project to be constructed and operated in compliance with the conditions of the permit. The Department acknowledges that Mr. Taylor, both individually and as an agent or independent contractor for you, caused several of the violations. Thus, under the provisions of Chapter 403, Flodda Statutes, you and Mr. Taylor are jointly responsible: for the violations which occurred at the facility. At the meeting in Sebastian on July 22, 1998, a penalty computation worksheet was given to you and Mr. Taylor. The Department believes that each violation of the permit and lease included in this worksheet is fair, valid and quite serious. However, in an effort to bring the facility into compliance and to bdng about a resolution of this case, the Department is willing to reduce the penalty by one-half if you and Mr. Taylor agree to enter into a consent order with the Department. The following corrective actions will be included in the consent order. You should note that most of these corrective actions are requirements of the permit and lease. 1. Within 30 days, application must be made to modify the permit for the use of PVC covered CCA treated pilings, revising the permit drawings showing the pilings as covered CCA, not concrete. 2. Immediately remove the two illegally moored vessels from the access pier and refrain from mooring there in the future. 3. Within 90 days, install the "no mooring" signs as required by the permit. ?nn~J on recTcted poper. I i OCD-ERP-99-0010 Page Two 4. . Within 90 days, install the manatee awareness signs and manatee display as required by permit. 5. Within 90 days, apply for a modification to permit and lease allowing for fueling from the facility. 6. Within 90 days, provide a verified statement that the Angler's Obsession has been painted with non-copper based bottom paint as required by the permit. 7. Within 90 days, install the channel markers as required by the permit. 8. Within 90 days, provide documentation that the required donations to Pepper Busters has been made. The Consent Order will also: 1. Require Notice of Publication in a newspaper of general circUlation in Indian River. County; and 2. Include a penalty of $12,250 and an agreement to comply with all the conditions ofthe permit and lease for the life of the facility. This penalty is a 50 % reduction of the originally calculated penalty which you received. ' You and Mr. Taylor can determine between yourselves who would be responsible for compliance of each of the conditions of the consent order. By copy of this letter to Mr,. Taylor, the Department is requesting that he review the Department's offer and respond to the Department within 30 days of receipt of this letter. If I do not receive a response within 30 days, I will assume that the Department's offer of settlement is rejected. In that case, we will draft a Notice of Violation with Orders for Corrective Action requiring the total removal of all structures, revocation of permit No. 31- 242130-9 and revocation of lease No. 31242.1309. ,,: R. J. Skidmore, Inc. OCD-ERP-99-0010 Page Three if you have any questions, please contact George Gionis or me at the above letterhead address or call (407) 893-3311. You or your attorney may also contact Lynette Ciarduili with the Office of General Counsel at (850) 488-9314. Sincerely, Vivian F. Garfein Director of District Management VFG/si/jm Date: CC: Ted Guy. Esq. Mr. Robert Taylor (via Certified Mail Z 461 771 409) Indian River County City of Sebastian Lynette Ciardulli, Esq., OGC I I I I i I i I I i i I I I i I I I City of Sebastian, Florida Subject: Annual Support Agreement for Agenda No ~ i~ fr/'lQ Computer Center Sof~are MUNIS ' Accounting So,ware Department origin: Finance ~ Approve~lJor Sub,~ittal by: City Manager Date Submitted: February 4, 1999 ~'~'~"'l ~ ~' ~'?~'~ ~ ' For Agenda of: February 10, 1999 *ExhibitS~°PY °f C°mputer Center S°ftware C°ntract ExpENDITURE BUDGETED: J APPR. OPRIATION REQUIRED: $5,965.00 ] [ REQUIRED: SUMMARY Computer Center SoRware is a sole source provider of the MUNIS Accounting Sof~ware which the City Council approved for purchase in September 1998. Annual support agreements are standard in the industry for trouble shooting software problems and providing updates to the sof~ware periodically. Funds are available within Department budget. RECOMMENDED ACTION Move to approve sole source Annual Support Agreement for the MUNIS Accounting Software in the amount of $5,965.00. ,.~N AGREEMENT BETWEEN COMPUTER CENTER SOFTWARE and CITY OF SEBAST~N FOR THE P~C~E &~ THE LICENS~G OF ~PLICATION SO~W~ PRODU~S Agreement made ~s ~ ~y of ~c~ ~'mg~ r ~ , 1998 be~een COMP~R CEN~R SOFTW~, a M~ne Co~omfiom ~ offic~ at ~70 U,S. Route 1, F~ou~, M~ne 04105, (Seller), ~d ~e C~ OF SEBAS~ FL 32958 (Buye0. ' ' ' I. SCOPE . Subject to ~c te~ ~d condifio~ set fo~ he~, ~e Buyer ~es m buy ~or ~cept liceme ~om ~e Seller ~d related se~ices des~bed ~ E~bit I, amche& : ' II. LICENSES ' O~em~p of ~e So~ producm l~ed ~B Lice~e to ~c Buy~ to me ~e producB accor~g to ~e t~ of ~e Buy~s Lice~g A~ement ~bit 2). : ~e to~ ~ciM obhgafion of li~ed in E~bit 1 s~ be $51,850 ff~mne ~om~d Ei~t H~d Fi~ Dollm). ~e price sh~l be payable by ~¢ Buyer to ~e Seller ~ prodded ~ $~fion ~ hereof. ~ applicable sMes ~x, ~e ~ or ¢x~ m s~ be pMd by ~e B~ ~d ~ be p~d ov~ to ~e proper au~odfies by ~e Buy~ or ~bmed by ~¢ Buyer to ~e Seller on ~d ~ ~e ev~t ~t Seller is respo~ible or d~d provide ~e Sell~ M~ ~ck ~ exempt nmber or fo~ . AdditionM related ~ces not specified on E~bit 1, se~ce, ~ ~ey ~ ~c~ed. ~. PA~~ Upon accepmce ~d sig~ne of ~s A~e,menL Buyer Mll remit to Seller ~ i~fiM deposit of $12,962.50 (Twelve ~o~d N~e H~ed Si~-~o ~d 50/100) whch rep~senB 25% of P~ch~e Price li~ed in E~ibit 1. In m~ for ~s deposiL ~e Seller Mll pro,de Buyer a tape of · e so~e applicafiom listed in E~bit 1 A second paymen! of 525,925. (Twenty-five Thousand Nine Hundred Twenty-five Dollars) which represents 50% of the Purchase Price, will made upon delivery, and installation of the software applications listed in E.,daibit 1. Seller will certify, to Buyer when each group of products or modules is complete. This certification will start a thirty (30) day acceptance period, during which Buyer will be responsible for testing the products delivered. By the end of the acceptance period, the Buyer will remit to Seller a payment equal to 25% of the value of the group of products or modules which have been completed. If during the thirty (30) day acceptance period, Buyer fails to notify Seller in writing of any items which do not meet acceptance, acceptance will be deemed to have been granted. Acceptance will require that the phase of the system has been delivered, installed and performs in accordance with the Sellers Specifications. For the purpose of this agreement "Specifications" shall be defined as the written descriptions found in the Seller's proposal to the Buyer, the Seller's marketing material and the user manuals for the current revision of the soR-,vare. The Buyer shall have at its option and expense, the fight to submit to the Seller requests to have specific routines Or programs demommated. Such requests shall be submitted in writing seventy-two (72) hours prior.to the requested demonstration to allow for related files to be built and installed. V. WA.RRANTIE$ OF SELLER A) B) C) D) Seller warrants it is Sellers intent that all Sofiwaxepmducts delivered under this Agreement be flee from defect in materials or workmanship and further agrees to correct promptly and without additional charge any defect that it is notified of within 90 days after the installation of the Software products. After the initial three month period, this warranty will continue to remain in effect as long as the Buyer maintains a current Software Support Agreement with the Seller and under such agreement or extension thereof, Seller will correct any defect promptly and without additional charge. The Buyer acknowledges that this warranty is limited to Software products installed and used on the Buyers computer system listed in Extn~t 2. Buyer further acknowledges that modificationsmade to the software programs by the Buyer will void Seller's warranty of the programs, unless specifically stated and approved in writing by the Seller. The Seller warrants that it is, and at all relevant times will be, authorized by the manufacturer of all software included with or used by the software products, listed in Ex_hibit 1, to grant licenses or sublicenses to such software. The Seller warrants that the So~vare and Software products do not infringe any patents, copyright, trade secret, or other property, fights held by any other person or entity. The Seller's obligation for breach of wammty shall include correction or replacement of the so fr~are product which fails to conlbrrn to such warranty.. £) F) In no event shall the Seller be liable for special, incidental, or consequential damages including any damages resulting from loss of use, or loss of data arising out of or in connection w/th the use of the software or hardware products. In no event shall the Seller be liable for any breach of warran~ unless notice thereof is given to the Seller within three months from installation of the Software products of the Buyer or within the period covered by a current Sof~ware Support Agreement or extension thereofi The Seller shall defend, indemnify and hold harmless the Buyer and its officers, agents; and employees from any claim or proceedings brought against the Buyer, and from any cost damages and expenses finally awarded against the Buyer, which arise as a result of any claim that is based on an assertion that the Buyer's use of the Sofharam products under this Agreement constitutes an infringement of any United States or other patent, copyright, trade secret, trademark, or other property interest rights, provided that the Buyer notifies the Seller promptly of any such claim or proceeding and gives the Seller full and complete authority, information, and assistance to defend such claim or proceeding and further provided that the Seller shall have sole control of the defense of any claim or proceeding and all negotiations for its compromise or settlement, provided thai the Seller shall consult with the Buyer regarding such defense. In the event that the Software products are finally held to be infringing and its use by the Buyer is enjoined, the Seller shall, at is election; (1) procure for the Buyer the right, to continue use the software products; (2) modify or replace the Soft'warn products so that k becomes non-infringing. The Seller shall have no liability hereunder if the Buyer modified the Sofb,vare products in any manner without the prior written consent of the Seller and such modification is determined by a court of competent jurisdiction to be a contributing cause of the infi4ngemenL The foregoing s'mtes the Seller's entire liability, and the Buyer's exclusive remedy, with respect to any claims of infi/ngement of any copyright, patent, trade secret, trademark, or other p~Jperty interest rights by the Sot:bvare products, or any part thereof; Or use thereof. The Seller represents and warrants that the products(s) and/or services for this Contract are Year 2000 compliant. Year 2000 compliant means information technology that' accurately processes date/time data (including, but not limited to, calculating, comparing, and sequencing) from, into and between the m'enfieth and twenty-first centuries, and the years 1999 and 2000 and leap year calculations. Furthermore, Year 2000 compliant information technolo~, when used in combination with other information technology, shall accurately process date/time data if other i~orrnation technology properly exchanges date/time data I I I I I I I. I I I I I I I I I I i The warranties contained in this Section are in lieu of all other warranties, expressed or implied. The Seller's expressed warranties shall not be enlarged, diminished or affected by, and no obligations or liabilities shall ar/se out off the Seller's rendering of technical or other advice or service in connectioh with the products listed in Exl'fibit I. VI. CONFIDENTIALITY Both parties recognize that their respective employees and agents, in the course of performance of this Agreement, may be exposed to confidential information and that disclosure of such information could violate rights to private individuals and entities. Each party agrees that it will not disclose any confidential information of the other party and further agrees to take appropriate action to prevent such disclosure by itq employees or agents. It is fia'ther acknowledged that complaint issues relating to the products listed on Exl'fibit I Of this Agreement may directly involve persormel of both parties, therefore any initial meeting to discuss complaints resulting from the performance of the products covered in this Agreement will occur in a closed session. Vii. RESOLUTION OF DISPUTES In the event of a dispute between the parties under this Agreement pertaining to peCuniary damages or losses, the matter shall be settled in accordance with the then prevailing m/es of the American Arbitration A.ssociatiom V-IH. CANCELLATION OR MODItlCATION This Agreement may not be canceled or modified except by the written mutual consent of both parties or as otherwise provided in this Agreement. IX. SEVERABILITY If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remaivder of this A~eement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby and each term and provision of this Agreement shall be valid and enforced to the fullest extent permitted by law. X. NOTICES All notices required or permitted to be ~ven hereunder shall be in wr/ting and shall be delivered in hand or sent by first ctass mail, postage prepaid, to the parties at the following addresses or other such address or addresses as to which a party shall have notified the other party in accordance with this Section: If to Seller: John S. Man', Jr. Computer Center Software 370 U.S. Route One Falmouth, ME 04105 If to Buyer: Thomas W. Frame City. Of Sebastian 1225 Main Street Sebastian, FL 32958 X/. ENTIRE AGREEMENT This Agreement represents the entire agreement of the Buyer and the Seller with respect to the hardware and software products and related services and supersedes any prior agreements, understandlngsand representations, whether written or oral. XII. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Florida and shall take effect as an inmmm~ent under seal. IN WITNESS WltE~OF, the parties to this Agreement have hereunto set their hands and seals effective as of the date first set forth above. ,,.'~: . : ' .. Seller: Buyer:. Computer Center Sofharare By:/~~~' Joknlf~Marr, Jr. // President City Of Sebastian Title: City Manager Attested to by: Kathryr6/ O'Hailoran City Clerk EXHIBIT 1 CITY OF SEBASTIA~N INVESTMENT SUM3,IARY Days Days Annual MUNIS SOFTWARE Price Training Consulting Conversion Support' General Ledger $ I0,000 4 1 5 3,000 $1,800 Project/Grant Accounting $ 2,500 1 N/A N/A $ 450 Budget ~tion Inc. w/GL Inc. w/GL Inc. w/GL Inc. w/GL Inc. w/GL RequisitiondBids & Quotes $ 2,500 2 1 N/A $ 450 Accounts Payable Inc. w/GL Inc. w/GL Inc. w/GL $1200 · Inc. w/GL Payroll $ 5,000 5 I N/A . $ 900 Human Resources $ 4,000 2 N/A N/A $ 720 MU'NIS~ Query No Charge 1 N/A N/A $ 540 ~ MUNIS TOTALS $ 27,000 17 3 $ 6,000 0_~ $ 5,400 SERVICES Price~ _T~; ~ .~da>. Training Cost-17~Oays at $600 per Day $i 0,200 ' Consulting Cost - .~ Days at $800 per Day $ 2,400 Conversion $ 6,000 Software Installation $ 2,250 TOTALS $ 20,850 t MUNiS® Annual Support begir~ 90 days from product installation. : Two Percent (2%) of the applicable license f~s of the MUNIS~ applications in use z Plus travel and related expenses c~r~ o~ SSaAST~^~ INVESTMENT SUMMARY Development Tools/Database Software (UNIX (GUT) Version) License Fee Annual Assurance Fee~ GUI Front End (Nine (9) Runtime Licenses Compiler $250 Per User or $25 Per User or $2,250 0.) $225 ' " Informix Relational Database Management System (Seven (7) Runtime Licenses) Standard Engine $250 per Concurrent $40 per Concurrent~---~ User or $1,750 User or $280 I-Net: No Charge No Charge ,, I-Connect No Charge No Charge .. ESQL/C Development System/ No Charge No Charge TCP/IP Development TOTAL $ 4,000 $ 505 TOTALS PRICE MU~'N'IS* Software $ 27,000 Services $ 20,850 System Software $ 4,000 GR~ND TOTAL $ 51,8503 ,Optional Services/Equipment Installation~ GUI Front End MUNIS~ Que~ Custom Pm~mming Fee $750 per Day (Fifteen (15) PC's) $750 per Day (Eight (8) PC's) $720 per Day or Negotiated Fee ~ Annual Assurance for Database Software begins at installation. : Contingent on use ofSCO OpenServer 5.04 operating system ~ Exclusive of annual suppordassurance fees ~ If desired, Computer Center Software will teach city personnel how to load the GUI front end and MUNIff' Query. on a PC to reduce the~e costs to the City. I I I I I I I i I I I I I '1 I I I I I EXHIBIT 2 LICENSE AGREEMENT FOR MUNIS SOFTWARE Agreement is made this ~ day of [~o~.ornb~ c, 1998 by and between the CITY OF SEBASTIAaN, 1225 Main Street, Sebastian.. FL 32958, (Licensee), and Computer Center Sof~ware (Licensor), 370 US Route One; Falmouth, Maine 04105. The headings used in the Agreement are for reference purposes only and shall not be deemed a part of this Agreement. Now, therefore, the Licensor and Licensee agree as follows: Term of Agreement This Agreement is effective as of the date of software installation and shall remain in force until 90 days fi.om iustallation. The terms and conditions of this License shall then continue so long as Licensee maintains a current License and Support Agreement w/th the Licensor. Grant of License Licensee is hereby granted the non-exclusive and non-transferable license and right to use the Revision of MUNIS 4GL Licensed Pro,mares listed in Section 3, and related materials, during the term specified above. This License will also cover any additional revisions which Licensor may release during the term of this Agreement. The Licensor agrees to extend and the Licensee agrees to accept a license subject to the terms and conditions contained herein for the MUNIS software products identified hereim Defined Categories: License fees are based on defined category levels. Placement within a categ6ry is based on the size of the organization serviced and measured by such factors as operating budget, number of employees, and the number ofbitls generated for utilities or taxes. This license is granted at the following category level(s): Group of Applications Category. Revision Ail Applications listed in EmSibit I B 5.71 Limited Use The software products listed are licensed for use only for the benefit of the Licensee listed in this Agreement. This license is registered for the Licensee's PC File Server Running SCO OpenServer computer system. As long as a current License and Support Agreement is in place, this License may be transferred to any other hardware system used for the benefit of Licensee. Licensee agrees to notify Licensor prior to transferring the licensed products to any other system. The right to transfer this license is included in cost of this Agreement. The cost for new media or any required technical assistance to accommodate the transfer would be billable charges to the License. Confidentiality The Licensee agrees that the Products are proprietary to the Licensor and have been developed as a trade secret at the Licensor's expense. The Licensee agrees to keep the software products confidential and use its best efforts to prevent any misuse, unauthorized use or unauthorized disclosures by any party of any or all of the Products or accompanying documentation. 6. Modification The Products may be modified but such modification shall be only for the use on the Licensee's system for which the Products are licensed and shall not cause the Licensee or the anyone performing such modification to gain any proprietary or other interest in the Products. 7. Copies · The Licensee may make copies of the licensed Products for arch/ve purposes only. Tl~,e Licensee will repeat any proprietary notice on the copy of the Product. The documentation accompanying the product may not be copied except for internal use. · .... :. ,, 8. Warrant~ For as long as a current software support am'eement is in place, the Licensor will wan4nt that all MUNIS soft'ware programs will operate as described in the brochures and user manu_a_!s of Computer Center Software. If a program fails to operate in the manner described within these documents, the Licensor will correct the problem at no charge to the Licensee. If Licensee has made modifications to the software programs, Licensor will no longer warrant the performance of those programs which contain modifications, unless specifically authorized in writing by the Licensor. (document continued on next page) I I I I I I I I I I · II I I I I I I I By signing below, both parties acknowledge that they have read this Agreement, understand it, and agree to be bound by its terms: LICENSOR LICz~NSEE Computer Center Software 370 US Route One Falmouth, Maine 04105 Pres/~nt City. Of Sebastian 1225 Main Street Sebastian, FL 32958 Name: Thomas I~. F~'~lme Title: City Manac~er Da[e: Date: 11/18/98 "MUNIS" is a registered trademark of Computer Center Software. Attested to by: K~thry~~O'Hailaran City Clerk City of Sebastian, Florida Subject: Execution of Intergovernmental Coordination and Review and Public Transportation Coordination joint Participation Agreement (ICAR-PTC JPA) Approved for Submittal by: D~parl~ent Origin: Growth ~ana§ement Tracy E. Haas Date Submitted' February 3, 1999 ForAgenda of: February I0, 1999 Exhibits: ICAR-PTC JPA, MPO Staff Report, and Authori:fing Resolution. EXPENDITURE REQUIRED: AMOUNT BUDGETED: [ APPROPRIATION REQUIRED: None None I None SUMMARY According to state and federal regulations, each MPO in Florida must execute and 'maintain an agreement with the Florida Department of Transportation (FDOT) and with local and regional agencies responsibie for the provision and coordination of transportation services within the MPO area. Specifically, the purpose of this agreement is to: 1. Describe the process for coordination of IV[PO planning and programming activities with other transportation agencies, 2. Specify the role of transportation planning and prograraming activities in the comprehensive planned development of the metropolitan area, and . 3. Specify conflict resolution procedures for disputes arising through a coordinated transportation planning process. Became the agreement relates primarily to coordinated intermodal public transportation planning, several agencies in addition to the MPO must also execute this agreement. The City of Veto Beach and the City. of Sebastian, both of which operate municipal airports, must execute this agreement. The Indian Rivg County Board of County Commissioners, which oversees and funds the Community Coach public transportation system, and the Treasure Coast Regional Planning Council must also execute this agreement. At its November 4, 1998 meeting, the MPO authorized the MPO Chairman to execute the agreement and authorized MPO staff to solicit execution of the agreement by the other agencies specified within the agreement. MPO sta.ffrequests the City of Vero Beach and City of Sebastian execute the ICAR-PTC JPA bv resolution. A copy of the agreement is attached. Once execution of the agreement has been authorized by each Cit' Council. M"PO staff will a-ansmit the original agreement for signature. For convenience, also attached is the staff report and authorizing resolution used in consideration and execution of the agreement bv the MPO board. RECOMMENDED ACTION Move to approve execution of the ICAR-?TC ~A Resolution. INDIAN RIVER COUNTY, FLORIDA METROPOLITAN PLANNING ORGANIZATION MEMORANDUM TO: THROUGH: Dennis Ragsdale - City of Vero Beach Planning Director Tracy Hass - City of Sebastian Growth Management Director Robert M. Keating. AICP MPO Staff Director FROM: Jacob Riger IMPO Planner DATE: SUBJECT: December 1, 1998 EXECUTION OF INTERGOVEILNMENTAL COORDINATION AND REVIEW AND PUBLIC TRANSPORTATION COORDINATION JOINT PARTICIPATION AGREEMENT (ICAR-PTC JPA) According to state and federal regulatious, ~ch MPO in Florida must execute and maintain an agreement with thc Florida Department of Trauspomfion (FDOT) and with local and regional agencies respousibl¢ for the pmvizion and coordination of ~.sportation services within thc MPO area. Specifically, thc purpose of this agreement is describe thc process for coordination of MPO planning and programming activities with other transportation agencies, specify the rolc of tran.sportation planning and programming activities in the comprehensivc planned development of thc metropolitan arc~, and specify conflict resolution procedmm for disputes arising through a coordinated transportation planning process. Because the agreement relates primarily to coordinated intetmodal public transportation planning, several agencies in addition to thc MPO must also execute this agr~rnent. The City of Vero Beach and the City of Sebastian, both of which operate municipal airports, must execute this agr~ment. The Indian River County Boant of County Commissione~, which oversees and funds the Community Coach public tramportafion system, and the Treasure Coast Regional Planning Council must also execute this agreement At its November 4,1998 meeting, the MPO authorized the MPO Chairman to execut~ the agreement and authorized MPO staffto solicit execution of the agreement by the other agencies specified within the agnmmem. MPO staffhereby r~luests that the City of Veto Beach and tim City of Sebastian executc the ICAR- PTC JPA by resolution no later than Junnary 8,1999. A copy of the agreement is attached to this memorandum (Attachment l). Once execution of the aip'eement has been authorized by each City Council, MPO staff will transmit the original agreement for signature. For convenience, also attached to this memorandum is the staff report (Attachment 2) and authorizing resolution (Attachment 3) used in consideration and execution of the agreement by the MPO Board. Please contact Jacob Riger at 567-8000, cxt 1455 if questions arise. ATTACHMENTS Intergovernmental Coordination and Review and Public Transportation Coordination Joint Participation Agreement (ICAR-PTC JPA) 2. November 4, 1998 MPO mc~ing iCAR-PTC JPA staffrepon 3. MPO ICAR-PTC JPA authorizing resolution ~'rAYE OF FL~JDA Di~ARYM{~ ~ '{'~&N~RTATION INTERGOVE~AL COORDINATION AND PUBLIC TRANSPORTATION COORDINATION JOINT PARTICIPATION AGREEMENT TI-tIS JOINT PARTICIPATION AGENT is made and entered into this __ day of 199 , by and between the FLORIDA DEPARTMENT OF TRANSPORTATION; the INDIAN RIVER COUNTY METROPOLITAN PLANNING ORGANIZATION (MPO); the TREASURE COAST REGIONAL PLANNING COUNCIL; INDIAN RIVER COUNTY; the CITY OF VERO BEACH; and the CITY OF WI-IERF. J~, the Federal Government, under the authority of 23 USC Section 134, as amended by lntermodal Surface Tmmportation Efficiency Act of 1991, and Sections 4(a), 5(g)(1), and 8 of the Federal Transit Act [49 USC app. Subsection 1603(a), 1604(g)(1), and 1607],-rv4uir~ that each metropolitan area, as a condition to the receipt of federal capilal or operating assistance, have a continuing, cooperative, and eomprehe~ve transporlation planning process that re.mils in plans and programs consistent with the comprehensively planned development of the metropolitan area; ~, 23 USC Section 134 (a) and (b), as amended by the Intermodal Surface Tramporlation' Efficiency Act of 1991, 49 USC Section 1607(a) and Co), 23 CFR Section 450.306, and Section 339.175, Flodda Statutes, provide for the creation of metropolitan planning organization-~ to develop transportation plans and program~ for metropoHlan areas; ~, the aforementioned Federal hws require that the State, the MPO, and the operators of publicly owned tramporlation systems shall emer into an agreement clearly identif3dng ~ re~xmn'bilities' for cooperatively carrying out such transportagon planning (including corridor and subarea studies .Em~uan. t ~o 23 CFR Section 450.316 and 450.318) aM programming; : WHEREAS, pursuant to Section 20.23, Florida Statutes, the Department has been created by the Stnte of Florida, .and the Depa~h-ent has thc powers and duties_.relating:.~-_~a~._rt~_.~on~.all as pudined in Secilon_334'.044,.~ ;,..- '-. ~ WHEREAS, pursuant to 23 USC Section 134, 49 USC app. Section 1607, 23 CFR Section 450.306, and Section 3:39.175, Florida Statutes, a metropolitan planning organization has been designated and apportioned by the Governor of the Slam of Florida, with the agreement of the affemmt units of general ~ local gov~ m WClEREAS, pursuant aa an interlocal agreement executed On April 12, 1993, and filed with thc Clerk of Circuit Court of Indian River County, the MPO was eslab~; ~, pursuant to Section 339.175(9)(a)2., Florida Slaluzs, the MPO shall execute and maintain an agreement with flae metropolitan and regional intergovernmental coordination and review agencies serving the Metropolitan Area; WHEREAS, the aforesaid agreement must describe the means by which activities will be coordinated and specify how transportation planning and programming will be part of the comprehefisively plann~ development of the Metropolitan Area; WtlEREa~, ~t to Section 186.504, Florida Stature, and Rule 2TE-I.002, Florida Administrative Code, the Treasure Coast Regional Planning Council was established and operates with a primary p~ of ~ intergovernmental cxx~dination and review; WHEREAS, purmant ~o Section 186.505(24), Florida Stab,tm, {he Regional Planning Council is to review plans of melropolitan planning organizations to identify incongstencies between those agencies' plans and I applicable local govemm~m comla'el~n&ive pla~ adop~:l ~t to S~'tion 163.3161 ~&,~l., f~; WHEREAS, the Regional Planning Council, pursuant Io Section 186.507, Florida Statutes, is required prepare a Strategic Regional Policy Plan, which will contain regional go~s nad policies that addre.~ regional transportation issues; WHEREAS, based on ~he Regional Planning Council's statutory manda~ to identify inconsistencies between plans of metropolitan planning organizatiom and applicable local government comprehensive plans, and to prept~ and adopt a Slra~gic Regional Policy Plan, lhe Regional Planning Council is approp~ly situated to assist in the intergovenmmml coordination of tbe inlm-modal transpom~ planning process; WHERF. AS, purmant to Section 186.509, Florida Statutes, and Rule 29K-4 Florida Adminish'ative Code, the Regional Pla,nlng Council his adopted a conflict and dispute resolution process; WHEREAS, the ~ of the dispute resolution proce~ is lo reconcile differences on planning and growth management issues between local governments, regional agencies, and privm intere. ; , WHEREAS, Ihe parties hereto have de,m-mined thnt the voluntary dispute resolution process is usefhi in the process of resolving conflicis and disputes arising in the mnsIxn'tadon planning process; WHEREAS, pursuant to 23 CFR Section 450.3100)) and Sec/on 339.175(9)(a)3., Florida Statotes, the ' MPO must execute and maintain an agreement with the operators of public transpomtlon sysco, including transit systems, commuter rail symms, airports, and s~apom, describing tho mea~ by which activitie~ will be coordinated and speciflting how public transit, commuler rail, avia6on, and seaport planning ('mclnding corridor and subarea studies lxn'mant to 23 CFR Sectiom 450.316 and 450.318) and progamming will be part of tile comprehendvely planned development of the MeUopolitan Area; .~ ~... , WHEREAS, it is in the public interest that the MPO, operators of public transportation sy~ms, including WHEREAS, {be undersilp~l parties have delr. rmined that this Agr~enment satisfies the mtuirements of is consis~nt with 23 CFR Section 450.306 and Section 339.175(9Xa), Florida Statn~; and W'rlERF , the parties to this JlA de.sire to participate cooperatively in a.. performance, on a continui basis, of a coordinated, comprehensive transportation planning process to a.m~ that highway facilities, mass transit, rail systems, air transpomtion and other faciliges will be properly located and developed in relation to the overall plan of community development. NOW, THEREFORE, in consideration of the mutual covenants, ptmnis~, and representation herein, parties desiring ~o be legally bound, do agree as follows: ARTICLE 1 RECITALS; DEFINITIONS Section 1.01. ~dtals. Each and all of the foregoing recitals be and the same hereby incorporated herein and acknowledged to be true and correct. Failure of any of ~ foregoing recitais to be Irue and correct shall not operate io invalidate this Agreement. Section 1.02. Definiti0p. s. The following words when used in this Agreement (unless thc context shall clearly indicate the contrary) shall have the following meanings: 'Corridor or Subarea Study" shall mean and refer to studies involving major inves~nent decisions or as other identified in 23 CFR Sections 450.318 and 450.318. 'Department" shall mean and refer ~o the Florida Department of Transportation, an agency of the State of Florida created pursuant to Section 20.23, Florida Statutes. "FI-1WA' means and refers to the Federal Highway Administration. 'Long-Range Tz-amlX~tlion Plan' is at a minimum a 20-year plan which: identifies transportation facilities; includes a financial plan that demonstrates how the plan can be implemented and assesses capilal imp:os~.me~ necessary to preserve the existing metropolitaa ~rtation system and maln~ efficient use of existing Irampomtion facililies, indicates proposed transpomtion enhaacemem activities; and ia ozone/carbon monoxide nomttainment areas is coordina~xi with fig State Implementation Plan, all as required by 23 USC Section 134(g), 23 CFR Section 450.322, Section 339.175(6), Florida Statules. · 'Metropolitan Area' means and refers to the planning area as delineated by the MPO for the urbanized area con~inl-g at least a population of 50,000 as desto'bed in 23 USC Section 134(b)(I) and Section 339.175, Flor/da Stamp, wh/eb ._d~. Il be subject to the MPO. 'MPO' means and refers to the metropolitan planning organization formed pursuant 1o Interlocal Agreemem dali Apr~ 12, 1993, as amended or sape,-seded from time to time. "Regional Planning Council' means and refers to the Treasure Coast Regional Planning Council created pursuant to Section 186.504, Florida Statugs, and identified Rule 2'/E,1.00'2, Florida Administrative Code. I 'Transpomtion Improvement Program CLIP)' is fig transpomtion document which includes ~ following components: a priority list of projects and project phases; a list of projects proposed for ~; g financial plan demonstrating how fig TI~ can be implemented; a listing of group projects; an indicalion of whefl~er the projects I and project phases are consistent with appli cable local government comprehe mi'We:plans, adopgd., pun~nm.~· to ,'~ i; .'-:: ,''~ '. ~::-~: ~-: .: Section 163.3161 et _mq_,, .Florida_Statutes;_ and att indication of how imp~..~_ ents are. consis~ng:-.M; ~ maxim_tmr;-.._.'.:~? :-: ..... ¢xi~iffe~bl~-Wi~h ~ seaport and ah'port mas~ plans and with public transit development plans'of the-units I of local goveran~at locaa~d within fig boundati~ of ~e MPO, all as required by 23 USC Se~ion 134(h), 23 CFR ~ 450.324, Section 339.175(7);, Florida Statues. 'Unified Planning Work Program (UPWP)' is the annual plan developed in cooperation with the Depa, kuent and public transportation providers, that lists all phrming task to be undemken during a program year, together with a complete description figreof and an estimated budget, all as .required by 23 CFR Section 450.31,% Section 33~ :175(8), Florida Statutes. ARTICLE 2 I~uRPosI~ Section 2.01. Coordination with public ~am'it qpera~. As set forth in Article 3 of this Agreement, the lXn'pose of _~i.~ Agreement is ~o provide ~or ~coperation with ~ Department, Indian River County, the City of Vero Beach, and the City of Sebastian in the development and prel~irafion of the UPWP, the TIP, the Long-Range Transportation Plan, and Corridor or Subar~ Studies. Section 2.02. lnl~rgovernmental coordination: Re, giopal Plnnniflg Council. As set forth in Article 4 of this Agreement, fig ~ of this Agreement is to provide a process through the Regional Planning Council for intergovernmental coordination and review and identification of inconsistencies between proposed MPO u-anspor~tion plans and local government comprehensive plato adopted pursuant to Section 163.3161 Florida Statutes, ami approved by fig Florida Department of Community Afl:airs. OOC*QSFg~I ~4d'g Section 2.03. Di.~m~lugon. As set forth in Article ~ of this Agreement, the purpose of this Agreement is to provide a process for conflict and dispute resolullon Ihrough the Regional Planning Council. ARTICLE 3 COOP~TrVE PROCh~~~~G AND WITH OPFAATORS OF PUBLIC TRANSPORTATION Section 3.01· Co~;$erajion with c~rators of public lrnr~portalioa syslem~ Coordir~ation with local ~vy.~nlm~nt approved cor0prehe~ve p!~r~. (a) The MIK) ~h~ll cooperate with the Tn~r~n River County, lhe City of Veto Beach, and the City of Sebastian Io op6mi~ the planning and programming of an inl~grat~d and halamed ~ Wampo~tion system for the MeWopolilnn Area. . ..... Co) The MPO shall implement a conRm~ng, cooperative, mi comprehensive Wans~tion planning process that is cons/~nt, ~o the maximum extent fea~'ble, with port and aviation n~ts~ plans, and public trnn,lt development plans of the units of local governments whose boundar~ are wi~hln ~e MeU~politan Area. (c) As a means ~owards achievement of the goals in paragra[~ (a) and Co) and in an effort ~o coordh~te ~nlm-modal transpomtion planning and programming, the MPO shall include u part of'its membership officials of agencies that adminis~ or .opiate major modes or ~ of tmmpomfion, including but not llmill~d major modes or sys~ms of mnspomtion may be accotx~ vo/n~ or non-volin~ advisor tutus._ In ~ ;.,:, Metropoli~n Area if aufl~'ifies or age. es ha~e been or may be c~a~l by law Io perform transpomtion functions and that are not under ~he jurisdi~on of a k,~er~ purpose lcol govermmmt ~ on ~e MPO, new member would akcr local government represemalion in ~ MPO, the MPO simll purpose a revised '- apportionment plan m the Governor ~o ensu~ voting member~p on ~he MPO ~ an ~ offic~.~ting public transit authorities which have been, or may be, creauxl by law. (c) Local government comprr..hcnsivc plans. (1) In developing the TIP, Long-Range Transportation Plan, or a Corridor or Subarea Studies, or preparing odzc~ than a minor arne,~l*~nt d~ereto (as dem'mined by the MPO), the MPO, Indian River County, the City of Veto Beach, and the City of Sebastian droll analyze: (I) the comprehensive plan future land us~ elements; Cti) the goals, objectives, and policies of thc comprehensive plans; and Cai) the zoning, of each local governments in d~e Metropolitan Area. Based upon the foregoing p~vicw and a' consideration of other growdi tnanagcment factors, the MPO, Indian River County, d~e City of Veto Beach, and the City of Sebastian, as appropriate, shall provide written recommendations to local governn~ms in the Metropolitan Area in thc development, amendmcat, and implementation of lheir comprehensive plans. A copy of the recommendations shall be sent to the Rcgioml Planning Council. (2) The MPO agrees ltmt to the maxinmm extent feasible thc Long-Bnn~ Transpm-tation Plan and d~e project and project phases widen the TIP shah be consLsm~ with the future land usc element and goals, objectives, and policies of dze comprehensive plans of local government in the Metropolitan Area. If thc MPO's TiP/s inconsi.~t wilh a local government comprehensive phn, the MPC} shah so inclica~, and the MPO shall present, as part of the TIP, justification for including the project in ~e TIP." (d) Multi-modal transpormion a~ncy plans. ' (1) In developing the TIP, Long-Range T~tion Plan, or a Corridor or Subarea Studies, or preparing other than a minor amendment therelo (as delerml,x,,d by the 1~. 0), d~ hiPO shall.analyze lhe affecllxl: (l) airport mas~er phn; ('fi) public transit development plans, of Indian River C_.o~n. ty,' the City of Veto Beach, and the City of 5elnsfian. Based upon the foregoing review and a consider~on of Other ~ti°n- Co umy, the City of Veto Beach, and the City of Sebastian, as well as local governments within the ~Htan pi~rt~ .... (2) In developing or revt6ng their ~ve seaport master plan; airport master phn; or public transit development plans, Indian River County, thc City_ of_Vero. Be~._ ch; and the City ofSebastian shal~ .............. amendments lherelo. Based upon lhe foregoing review and a consideration-of-olher transportation;related factors,- '" .... Indhn River County, ~e City of Veto Beach, and ~ City of~ shall from time ~o time and as approprhe, provide writ~n r~ommendnfiom to ~ MPO wilh regard 1o development, amendment, and implemenlntion of ~ UPWP, TIP, Long-R,~.~ Transportation Plan, or Corridor mi Sutm~ Studies. (3) The MPO agrees that to ~e maxim~ extent feasible the TI~ shah be consi~nt with the affected seaport and airport ma.~r plans a~d with public transit development plans of Indian River Count, City of Vcro Bea~, and fl~' City of (e) By ~ agreement to be exectmt by ~ MPO and Indian River County, ~e City of Veto Beach, and the City of Setn.v6an, ~he MPO and the affected agencies or authority shah mutually develop a process for plann/ng coordimfion, forwarding recommendations, and project l~'ogr~__mming eollsis~l~'y. Th~ paflies hereto agree that under the let~r agreement, the MPO a~d Indian River County, the City of Veto Beach, and lhe City of Sebastian need only include in lhe MPO's TIP dmsc staie funded airport and seaport projects d~nt directly rela~ ~o surface transpormion ac~vifies. The process agreed to in lhe letter agreement shall provide flexible deadlir~ for inter-ag~-y comment on aff~ plans refer~:~d in this section. ~ approval of the let~-r agreement, tt~ let~r agreement ~ be appended to this A~reement and ~ be an exhibit her~io. The signatories ~ ~ le~r alp~em~nt may ~ or ~rminat~ same from time io time without npproval of other parties hereto. ARTICLE 4 IN'r~C_,O~t,rTAL ¢OO~t)IN^T~ON AND R~=ym'~ Seclion 4.01. Coordiml/on with Re//on~l Phnning Council. The Regional PlannlnE Coul~cil shall perform the following tasks: (a) V~thln thirty (30) days of receipt, review ~fie draft of the proposed TIP, Long-Rm~,e Transpor~tion Plan, Corridor and Subarea Studies, or amendments thereto, as ~ by the MPO, to identify inconsis~ncies between the foregoing plans and: (1) applicable local government comprehensive plans adopted pursuant to Section 163.3161 et seq., Florida Statutes, for counties and cities within ~e Mea'opolitan Area; and (2) · e adopted Strategic Regional Policy Plan. I i I I I I Section 5.01. D~r.s and conflicts under thi.~7~ement. This process shah apply ~o conflicts and dispu~ relating ~o ma~rs subject to ~ Agreement, cr conflicts arising from the performance of Ibis Agreement. Except as ottm'wise provided in lids Article 5, only representatives of the agencies with con/llc~ or ~ shall Section 5.02. Initial resolution. The affected parties to this Agreement shall, at a minimum, ensure ~e attempted early resolution of conflicts relating ~o such mat~ers. F.m-ly resolution shall he handled by ~ discussion l~etween ~ following officials: for the Depamnent by the Disuict Dil~X~r for Planning and Programs; for the MPO - the $~aff Director; for ~e Regional Planning Council - the Planning Direct; for Indian River County - Community Development Director; the City of Vero Beach - ihe Airport Director; and the City of Seba~,~n - ~be Airport Direclor. Se~ion 5.03. Re~olugoRhy senior ag~n~ 0ffi~iai. lfth~ conflict r~mai~q Im~ol~i, th~ conflict shall 1~ re~lved by th~ following official.q: for the Deparm~ent- by the District Seere~arT; for the MPO - the Chairman ARTICLE 5 CO]~LICT AND DJSpUTE RF-~0LUTIO~[ PROC~F.,~ (1) ~ parties hereto recognize ~hat pursuant to Florida law, the MPO's Long-Range Transpomtion Plan must be considered by ci~ies and counties within ~e Metropolinn Area in the preparation, eme~lment~ and update/revision of their comprehensive plans. Further, the Long-Range Transportation Plan and objectives, and policies of the comprehensive plans of local governments in the Mea-epolltan Area to d~e maximmn extent feasible. Therefore, promptly upon completion of ils review of the draft propo~, the Regional Planning Council shall advise the MPO and each affected county or city of its findings; (2) If after completing its review of the draft proposal, ~he Regional Planning Council deems that lhe MPO plans and programs submiued are not acceptable, Ihe Regional Planning Council stroll promptly advise the M~O in writing of i~s concerns and ideatify those portions of ~he submittals which need to be t~evaluated and po~ntially modified; ~ ". (3) Upon final adoption of the proposed TIP, Long-Range Tmnspomgon Plan, Corridor and Subarea Studies, or amendments hereto, *~¢ MPO may requm that ~he Regional Planning Com~ considei- adoption of regional transpomtion goals, objectives, and policies in the Strategic Regional Policy Plan .~: implementing the adopted TiP, Long-Ponge Transportation Plan, Corridor and Subarea Sludies, or amendments . thereto. If the proposed TIP, Long-Range Transportation Plan, Corridor and Suhan~ Studies, or amendments ~hereln was the subject of previous adverse comment by the RegiOnal.l~mning~,.~'~~;~ti~ ~he:::';.: :::1 the reason for not sltering the plan as suggested by the Regional Planning Council (b) Provide the availability of ~e conflict and dispute resolution process as set forth in Article 5 below. I I I I I I I of the iMPO; for the Regional Planning Council - the Executive Direclar; for Indian River County - Chairman of thc Board of County Commi-~i_'o~er~; for the Cit~ of Veto t~.ach - ~ Mayor; ax[ for the City of Seba~'n_o - lhe Mayor. Section 5.04. Algt:r~tiyg l~gio, oaI.Platlning Co~qcil di.,q~e/~solutioo. If a resolution is not the parties may undertak~ dispute rezolution put.ant to the Regional Plalming Council procedure set forth in Rule 29K-4, Flodda Administrative Code. All parties to the disput~ mu~t agree to undertalm lttis procedure before it may be invoked. SemionS.05. Re~Ettion bylt~ Offic&ofl~e C~el~. lfth~ ¢onftietis not resolv~l through conflict re.solution pursuant to Seetiom 5.02, 5.03, and 5.04, thc parti~s shall petition ~ Exe, cufi~ Office of fl~ Govea~r for resolution of the conflict pmsua~t to its procedures. Resolution of th~ cei~ftict by Ihe Executive Offic~ of the Governor ~1! be bimting on aH parties. ARTICLE 6 I I Section 6.02. ~¢rgltnedg of Ag~gg~t. Amendmems or modifica~iom of ~ Agnmme. nt may only Section 6.03. Dutafi.ou; wjttUt~awalj~l~r~. (a) l~u'ation. This Agreement shall have a term of five (5) years and ~ au~mati~ally ~new at thc end of said five (5) years for another five (5) grin and every five.(5) years thereaf~r-...~At the~end.of-the.f~o ..-, ._ ._, .:_-... (5) year lerm and at least every five (5) years thereaf~r, the part~henmsinll-.~ agree to amend the provisions or reaffirm the same. However, the failure lo amend or Agreement shall not invalidal~ or otherwise terminaz this Agreement. ,, _ wrMen form a notice of in~nt to withdrawal lo the other parties to ~ Agreement and ~ IMPO, at least ninety. (90) days pdor to th~ imended date of withdrawal; provided, that financial commitnlents ~ pdor to withdrawal ar~ effective and binding for their full t~rm and a .-aotmt regardless of wiflxirawal. . Sec~ion6.~. ~:{OJ//agl. Allnotices, demandaandcort~l~M~requir~lorprov/dedfortmderthis Agreement shall be in writing and delivered in person or dispaW, l~ by certified mail, postage prepaid, return receipt requested. Notice required to be given shall be addressed a~ holed follows: Indian River County MPO City of Vero Beach Treasure Coast ~ Planning Council 1840 25th Street 1053 20th Place 301 East Ocean Boulevard, Suite 300 Veto Beach, Florida 32960 Veto Beach, Florida 32960 Smart, Florida 34994 hxiian River County City of Sebastian Florida I~ of Transpomtion ][~oagd of Co~lllty Commlggiollerg 1225 Main Street 3400 West Commerdal Boulevard I840 25th Street Sebast/an, Florida 32958 Fort Lauderdale, Florida 33309-34:21 Veto Beach, Flodda 32960 ^ party may ~la~all~ ~ it~ addr~ or ~ I~ ~iving notim in wring ~ the o~r partie~ ~ provided in gfis section. ~r, notices, demands and other pertinent correspondence shall be addressed and I Section 6.05. lnh~tprelation. (a) Draf~I~_ofAgreemellt. All partie~ hereto were each represented by, or afforded the opportunity for representation by legal counsel, and participated in the drafting of this Agreement and in the choice of wording. Consequently, no provision hereof should be more strongly co~ against any party as drafter of this Agreement. (b) ,~,verabtqi~y. Invalidation of any one of the provisions of this Agreement or any part, clause or word hereof, or the application thereof in specific '.c~, by judgement, court order, or administrative hearing or order ~,t~ll no affect any other provisions or applications in other circumstances, aH of which shall requirements of applicable law. (c) Rules of constr~ctioll. In interpreting this Agreement, the following rules of construction shall apply unless the comext indicates otherwise: (1) The singular of any word or ~erm hr. lndes the plural; '. (2) The .m~.__~guline gender include~ the feminine gender; and (3) ~ word "shall' is mandatory, and "may' is permissive. Section 6.06. F. dlfta'cement b.Y I~arties I~rell}. In ihe event of any judicial or administrative action to enforce or interpro ~ Agreement by any party hereto, each party shah bear its own attorngy's fees in eonm~on Section 6.07. Agr~ment execution; Use of c0unterpart_sig~ture_pil~e4. This Agreement,. aixt '~y Section 6.0~. l~ffeetive dnte. This Agreement shall become effective upon its execution by all parties hereto. Section 6.09. Pur~nt Io FederaJ..Stae.~l Local Law. In the event that any election, referendum, approval, permit, notice, or other proceeding or auflx~imtion is Wlulred under applicable hw to enable the parties Section6.10. Pnrfie~J~tObligall~ltoThi~l)arfie~. No party hereto shaH be obligated or liable hereunder to any pnrty not a signatory to this Agreement. There are no express or intended third party beneficiaries to this Agreement. Section 6.11. Yd~en Ri~ts and Remedies Not ~/aJY~. In no event shaH the making by the Departn~nt of any payment ~o gae MPO constitute or be construed as a waiver by the Depa~iment of any breach of cove. trent or any default ~dgch may then exist on th~ pan of lhe MPO, and the making of any such payment by the Dep~-,~.nt ~ any such breac~ or default exists slufll in no way impair or prejudice any fight or remedy available to the IN WITNF_.~ WHEREOF, the undersigned parties have executed this Joint Parlicipafion Agreement on behalf of lhe r~ferenced legal entities. Signed, Sealed and Delivered in g~e presence of: INDIAN RIVER COUNTY bfETROPOL1TAN PLANNING ORGANIZATION Clerk INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS BY: Cha~l-son JOHN W. TiPPII~ ATYE~: SEAL Clerk CITY OF VERO BEACH CITY OF SEBASTIAN BY: Mayor BY:. Mayor ATYHST: SEAL CRy Clerk ATTF.3T: SEAL City Clerk TIL~ASURE COAST REGIONAL PLANNING COUNCIL FLORXDA DEPARTMENT OF TRANSPORTATION BY: F. xecutiv~ DirecIor BY: Rick Chesser, PiE. District Four Secre~-y ATTEST: Clerk SEAL ATTEST: Executive SEAL INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: THROUGH: FROM: DATE: SUBJECT: Members of the Indian River County Metropolitan Planning Organization Robert M. Keating, MPC Staff Director Jacob Riger MPC PlannJ~ October 26, 1998 CONSIDERATION OF INTERGOVERNMENTAL COORDINATION AND REVIEW AND PUBLIC TRANSPORTATION COORDINATION JOINT PARTICIPATION AGREEMENT (ICAR-PTC JPA) It is requested that the information presenled her~in bo given formal cor~ideratiun by the Indian River County Metropolitan Planning Organization (MPC) at its meeting of Nov~mber 4, 1998. /RIMMARY Stat{: and federal regulations n:qui~ the MPC to execute and maintain an agr~am:nt with FDOT and local and regional ~on agencies to ensure a coordinated and intermodal public ttansportsfion planning process. MPC staffhas coordinated with FDOT to prepare the attached agre~nent and authorizing resolution, which must be executed by the MPC. Staff recommends that tho MPC review the attached agrccmmt and authorizing resolution, make any necessary changcs, and authorize the MPC Chairman to exeento thc a~aanent. DESCRIPTIO~I+ CONDITIONS, AND ANAl According to state and federal rcgulatiom, cach MPC in Florida must cxecute and maintain an. agrecment with FDOT and with local and t~ional agancica rcspons~le for thc provision and coordination oflraasportafien services with/n thc MPC area. Although the primary focus of this agrecmcnt is coordinated intermodal public transpomtion planning, its provisions relate to the overall transportation planning process. Specifically, the puqause of this agreement is to: describe the process/'or coordination of MPC planning and programming activitiea with other transportagon agencies, specify the role of Wansportation planning and prosramming activifiea in the comprehensive planncd development of the m~opolitan ~ and specify conflict resolution procedures for disputes arising through a coordinated transportation planning process. Because the agreement relates primarily to coordinated intennodal public transportation planning, several agencies in addition to the MPC must also execn~t- this agreement. In Indian River County, affected agencies include the Indian PAver County Board of County Commissione~, which ove~ecs ' and funds the Commun/ty Coach public transportation system, and the City of Vero Beach and the City of Sebastian, bolh of which operate mun/c/pal ah'pottt As the regional agency responsible for coordinated lransportation planning and conflict resolution, the Treasure Coast Reg/onal Planning Council must also execute this agreement. MPC staffhas coordinated with FDOT to prepare the att~hed agreement (Attachment I to this staff report), which needs to be executed by e~h agency discussed above and then tr~,~fitted to FDOT. Because thc ICAR-PTC JPA must be executed through an authodzing resolution, staffhas p~-'pared the attached resolution (Attachement 2 to this staff report). Tho reaolution authorizes the MPO Chairman to execute the agrecment. RECOMMENDATION Staffrecommends that the iMPO review the attached Intergovernmental Coordination and Review and Public Transportation Coordination Joint Participation Agreement and the at~achcd authorizing resolution, make any necessary changez, and authorize the MPO Chairman to execute the agreement. ATTACHMEN~'~i I. Intergovernmental Coordination and Renew and Public Transportation Coordination Joint Participation Agreement (ICAR-PTC JPA) 2. ICAR-PTC JPA au~orizing resolution I MPO RESOLUTION NO. ~ I A RESOLUTION OF THE INDIAN RIVER COUNTY METROPOLITAN PLANNING ORGANIZATION AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL COORDINATION AND REVIEW AND PUBLIC TRANSPORTATION COORDINATION JOINT PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT). I WHEREAS, the Federal Government requires that each metropolitan area, as a condition Ill to the receipt of federal capital or operating transit a.~istance, have a continuing, cooperative, and [] comprehensive transportation planning proc~ that results in plans and programs consistent with the comprehensively planned development of the metropolitan area; WHEREAS, 23 USC Section 134(a) and (b), as amended by the Inter·oriel Surface Transportation Efficiency Act Of 1991, 49 USC Se~tl°n 1607(a) and (b), 23 CFR Section 450.306, and Section 339.175, Florida Statutes, provid~ for the creation of metropolitan planning organizations to develop transportation plans and programs for the metropolitan areas; 1 WllEREAS, pursuant to an interlecal agreement executed on April 12, 1993, and filed with the Clerk of the Circuit Court of Indian River County, the Indian River County MPO was established; ' 1 WHEREAS, pursuant to 23 CFR Section 450.310(b} and Section 339.175(9)(a)3, Florida Statutes, the Indian River County MPO must execul¢ and maintain an agreement with the State and thc operators of public transportation systems, including tmasit systems and airports, describing the 1 means by which activities will be coordinated and specifying how public transit 'and aviation planning (including corridor and subarea studies pursuant to 23 CFR Section 450.316 and 450.318) and programming will be part of the comprah~siwly planned d~elopment of the metropolitan area; I WHEREAS, pursuant to Section 339.175(9}(a)2, Florida Statutes, thc Indian River County MPO shall execute and maintain an agreement with the metropolitan and regional intergovernmental coordination and review agencies serving Indian River County; i WHEREAS, the aforesaid agreement must describe the means by which activities will be coordinated and specie, how transportation planning and programming will be part of the ~1~ comprehensively planned development of Indian River County; - WHEREAS, it is in the public inte~n~t thc! the Indian River County MPO and operators of public transportation systems and aviation authorities jointly pledge their intention to cooperatively participate in the planning and programming of Wansportafion improvements within Indian River 1 County;. WllEREAS, the parties to this agra·eat desire to participate cooperatively in the performance of a continuing, cooperative, coordinated, and comprehensive transportation planning · process Io assure that highway facilities, mass transit rail systems, air transportation and other facilities will be pr,/erly located and developed in relation to the overall plan of community development. ' i NOW, TtlEREFORE, BE IT RESOLVED BY TltE INDIAN RIVER COUNTY METROPOLITAN PLANNING ORGANIZATION: l I. That the Chain'nan of the Indian River County Metropolitan Planning Organization is authorized to execute an Intergovernmental 'Coordination and Review and Public Transportation Coordination Joint Participation Agreement with FDOT and the other []Ill agencies specified within the Ag~ement. 2. That the Indian River County MPO StaffDirector is authorized to solicit execution of this Agreement, on behalf of the MPO, by the other agencies specified within the Agreement. [] That the Indian River County MPO StaffDirector is authorized to transmit the Agreement, once fully executed, to FDOT. That the Indian River County MPO shall regularly coordinate with FDOT and the other agencies specified in the Agreement to implement, maintain, and update the Agreement. THIS RESOLUTION was moved for adoption by C a r ] P e a a e . and thc motion was seconded by C a r o l i n e G t n n , and, upon being put to a vote, thc vote was as follows: Chairman John W. Tippin Commissioner Fran B. Adams Councilwoman Sandra Bowden ^y e Councilman Dale Carter Ay o Commissioner Carolyn Eggcrt A b s e n t Commissioner Caroline Ginn A y e Councilman Carl P~e ~ Councilman Charles Ncubcrger A v e oOmmissioncrCharles Wurmstedt ^ y e mmtssioner Kenneth Macht (Alt.) A~ Absent TheChairmanthereupond~t~edther~olutiondulypa.~edandadoptedthis__4..~dayof November .1998. INDIAN RIVER COUNTY METROPOLITAN PLANNING ORGANIZATION ~oh.'n W. Tippm, Cha'lfi6:iU APPROVED AS TO FORM AND LEGAL SUFFICIENCY CHARLES P. VITUNAC MPO ATYORNEY I City of Sebastian, Florida Subject: Proposed Salary Ranges for the Exempt Employees Approved for Submittal by: Thomas W. Frame, City Manager Agenda No. ~- ~ ~ Department Origin: City Manager Date Submitted: February 4, 1999 ~,~ c~,~ For Agenda of: February 10, 1999 * Proposed Salary Survey and Ranges Expenditure Required: ] Amount Budgeted: [ Appropriation Required: t~ .. .... SUMMARY ~'~ For a number of year~all exempt employees have been working without the establishmen~XS'~'"a salary range between a minimum salary and a maximum salar7. When advertising a vacant position, a selected range was utili?ed, but wasn't reflective of any survey or market study. With the filling of the Human Resources Director position, we are proposing salary ranges that we believe to be in line with a minimum of what we should pay in order to keep good employees. Please note that the three charter officers are also shown. The study took in consideration the local market area; that area that could be possibly driven without the necessity of relocation. It mas from a northerly point of Cocoa southerly to Stuart. So that the numbers are not inflated, the minimum salary of the survey region was selected and then added to the maximum salary. That sum is then divided by two and that becomes the maximum range amounL To establish a minimum, a 20% reduction of the proposed maximum is taken. The result is a range of numbers establishing a proposed salary range of numbers generally still lower than the market area surveyed. If the Council wants to maintain a stable employment of city employees within the exempt category without a revolving door, a decision must be made on how to compensate them. An accurate salary comparison utilizing the surrounding area is as close as one could get to establishing a local market driven salary implication. The cost of moving every one who is now exempt into the minimum approved salary ranges is about $75,000. This number excludes the costs necessary to fund the increase for the command staff at the police department. If the Council is comfortable with the ranges, it should consider a motion to approve the proposed salary survey with all exempt employees. Determining where to slot the employees in based on time in grade is another factor which could affect the final cost. As an example, an employee who has been in a position for a significant number of years may be slotted into a much higher amount than a more recent employee. The effective date would be sometime after April 1, 1999. This would provide adequate time to consider impact upon the current budget for the remaining year and for future budget implications during a mid year budget review. By delaying the effective date of slotting, the cost of exempt employees for the first year is reduced by at least one half. The only exception would be in the police departmem where the salaries of the officers will increase significantly based on the recent PBA agreements. The increases could be put on hold pending council approval which most likely to be during a mid year budget review. RECOMMENDED ACTION Move to approve the proposed salary ranges as depicted on the salary survey with the minimum salaries becoming effective upon Council approval at the mid year budget review anticipated shortly after April 1, 1999. Subject: Corrections to the Air Conditioning Systems in City Hall City of Sebastian, Florida Approved for Submittal by: Thomas W. Frame, City Manager Department Origin: City Manager Date Submitted: February 4, 1999 //~.r-~! '~J.. ,~..4~-~ For ~enda of: Feb~a~ 10, 1999 E~bi~: Memo ~om Paul Wa~er to Ci~ M~ager &ted ~ 22, 1999 Repo~ by Wil A. Spad, ~c. ~ted Octo~r 6, 1999 3 ~en quotes for ~e needed repa~ ~ Req~ed: I~°~t Budgeted:$40,000 [ Appropriation Req~ed: $5,000 S~Y ~e ~. W~ Spa~ ~ ~ Seb~ ch~ ~e ~ of ~e ~ q~W ~provements to ~e police d~ent, I requested ~t he check ~e ~ here ~ CiW H~ due to ~e commt m~W ~eH p~c~ly ~ ~e west end ne~ ~e CiW ~g~'s office. Significant problems were uncovered as a result of the inspection as is depicted with the Spaul report of Ocwber 6, 1998. In order to move strategically on the needed improvements and in attempting to keeps costs down, we solicited written quotes from three firms. The prices ranged from $42,855 to $186,450. This approach was taken for two specific reasons: a. the total time is reduced in getting the Work approved, authorized and underway: b. avoidance of expensively designed features by an engineer prior to placing the request out for bid. RECOMIVI~NDED ACTION Waive the normal sealed bid procedures based on time and the seriousness of the situatioj~_,~d Authorize City Manager to hire Climate Control Services for an amount not to exceed~ subject to the City Attorney's approval of the terms. Further, authorize the appropriation of the addit' :anal $5,000 by u 'txlizing the saving of the tree shelter (24-98-DST002) in the amount of $3,000 and $2,000 for underground tank removal (23- 99-DST003)as depicted in the Capital Plan. DATE: TO: FROM: SUBJECT: I City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 388-8200 r-I FAX (407) 589-5570 MEMORANDUM January 22, 1999 Thomas W. Frame, City Manager PaulWagner, Asst. to the City Manager/Purchasing Agent City Hall Air Quality Problems I i i For a considerable period of time City Hall has experienced a pronounced musty odor with verbal complaints by some employees of eye irritation, tkedness, and other allergy-like symptoms, and a general feeling or perception that one is breathing contaminated air because of the smell and taste of the air. comments about the odor in City Hall have not been restricted to employees only. Some Council Members, and the general public have made remarks about the distinct odor in the building. The problem has been intensifying with time. ~' · :' As a result, on September 30, 1998, Wil A. Spar, PhD, MPH, MSCE, Certified Industrial Hygienist, (also employed by the City for the Police Department HVAC ak quality problem) was asked to'Perform an indoor air quality evaluation in City Hall. I-lis letter of findings, dated October 6, 1998, is attached, and for convenience, "high lights" of the report are as follows: An access hole was cut into the ductboard supply line and a moderate-level coating of mold growths and d,~sts were observed. inspection of the air handler revealed extensive mold and bacterial growths. The air handler had a thick gelatinous bacterial slime layer on part of the cooling coils, with black mold growths deep in the coil structure Inspection revealed air quality complaints could result from the fact that the air handler system was constructed like a residential unit rather than an office or commercial system, resulting ia no provision for outside air flow to the occupants. In addition, this lack of outdoor air flow does not allow for flushing of background contaminants from the building. Current system design has resulted in negative pressure inside the building relative to the outdoors which tends to pull moisture and other contaminants from the outside, (including the crawlspace, and second story), into the occupied work areas. Wil A. Spaul recommends two possible solutions to the problem summarized as follows: Clean and seal the current air handler's and fiberboard supply air ductwork. This is a time delaying tactic, and at best will last only four or five years, and additionally does not address item four above pertaining to negative pressure and item three pertaining to the lack of fresh air infusion. Ducthusters quoted $5,247.99 and Climate Control $6,250.00 for this work. The better solution says Dr. Spaul, replace the moldy ductboard with metal ductwork that is externally insulated, and obtain quotes from qualified I-IVAC firms incorporating the use of mechanical engineer for design and proper solution to the problem. Qualified HVAC firms that do this kind of work are limited in number, however, three qualified' firms were located and invited to provide written quotes based on Spanl's report, item two above "the better solution". Although the detail quotes provided by the contractors are attached,' the following is a cost summary. .,, Climate Control Services, Jupiter, FL Does not include electrical. Estimate $1,500.00. This firm comes highly recommended by Dr. Spaul. Atlantic-Air, Inc., Melbourne, FL Does not include engineering. Hill York Corp., West Palm Beach, FL This is the firm that did the Police Department HVAC. $ 42,855.00 $ 48,000.~00 $186,450.00 I recommend Climate Control Services, based on low cost and Dr. Spanl's recommendation, to perform the design build I-IVAC Project City Hall. You and I have discussed, that because there is the distinct possibuity of an "air quality" 1~ ealth issue", the urgency of the need does not permit the delay involved in utilizing the formal sealed bidding procedures. It is therefore, prudent to declare this procurement an emergency, and ask City Council to endorse this position. Because only $40,000 was budgeted, we .will need to ask City Council to appropriate an additional $4,355 to cover the total project cost, and additionally ask Council to authorize the City Manager to execute a contract with Climate Control Services for the remedial work on City Hall HVAC, in the amount of $42,855. /jmt Attachment Environmemel and Medical Mmlilortng lndo~r Air CluaJity EvaJuaiim~ Hazardous Waste CO~lroi EPA/OSHA Compliance Mr. Thomas W. Frame City Manager City of .Scbastian 1225 Main Street Sebastian, FL 32958 Wil A. Spaul, Inc. A professional team of engineers, industrial hygienists, safety experts, physicians, and health scientists SaJely Eveluations Training Expert Testimony H az.a~d Communication 6 October 1998 RE: City Hall Building Indoor Air Quality Evaluation Dear Mr. Frame: On 30 Septembe~ 1998, ! conducted an inspection of the air handler system for your office and that of Mr. Wagner. There was a pronounced 'musty odor in those work areas. I also checked the Walls, thc penetrations between the bathroom and adjoining offices, and the crawl space under the building. In addition, to the pronounced musty odor there were also reported complaints 'of itchy eyes and other sinus allergy-like symptoms. During my inspection of this air handler system I found two types of problems that could result in indoor air quality complaints. First, this air handler '. system was constructed like a residential unit rather than an office or commercial air handler system; i.e., there was no provision for outside air flow to the occupants. The currently-recommended guideline (American SoCiety of Heating, Refrigeration and Air Conditioning Engineers - ASHRAE Standard 62- 1989) for outside air flow to office occupants is 20 cubic feet. per minute per person. In addition to this lack of outdoor air flow to flush background contaminants from the occupied spaces, this outdoor air flow will also be useful in maintaining the building under positive pressure relative to outdoors. As this section of the building is currently designed, without· provisions for outside air and with exhaust fans in the bathrooms, this building is operating under a slight negative pressure relative to the outdoors. This condition will not only pull moisture through the walls, which can create other problems, but can also pull musty odors from the sub-floor crawl space. (I have evaluated several similar old buildings in St. Petersburg that when treated for subterranean termites, pesticide odors from the crawl spaces were pulled through various floor penetrations into the occupied spaces.) At the P.O. Box 649, Thonotosassa, Florida 33592-0649 (813) 870-4895 ° Fax (813) 554-8390 e-rnaih wasiaq@aol.corn i I i I I I I I I I I I I i I I i i i 1098-04: City of City ttall IAQ 6 October 1998 Sebastian Wil A. Spaul, Inc. Dr. Wii A. Spaul, Page 2 same time, I do not think all of the musty odors in this building are from the crawl space. After inspecting the air handler for your spaces, I believe the bulk of the odor is from the fairly extensive mold and bacterial growths that I observed during my inspection. The air handler had a thick gelatinous bacterial slime layer on part of the cooling coils, and had black mold growths down deep in the coil structure. I cut an access hole into the ductboard supply air trunk line just after the air conditioner unit and found a fairly uniform moderate-level coating of mold growths and dusts on the inside surfaces of those ducts. Given'the amount of microbial growths in the coils, on the fan blades, and on the interior insulations, I would anticipate these pronounced musty odors and some allergy complaints in people who are sensitive to those molds. Eye irritation, headaches, and excessive tiredness complaints could be due to either the microbial growths or to the inadequate outdoor air floWs, and. these problems can be expected to persist, or even get worse, if these problems are not promptly addressed. RECOMMENDATIONS: The air conditioner unit needs a very thorough cleaning,' which will require that a non-acid foaming coil cleaner be used on the coils. The. self- rinsing coil cleaners that have been used in the past do not clean deeply inside the coils, where the microbial growths are located. Please refer to Attachment 1, for a detailed set of air handler cleaning procedures. This air handler unit is holding a lot of water in the condensate pan, which can be minimized by slightly pitching the unit toward the drain. This pitching will minimize the amount of standing'water a._:l the need to apply any biocidal tablets or strips to' the condensate pan. In some cases, a flush-mounted bottom drain can be fabricated from PVC fittings 'and then epoxied into place, which will further minimize the standing water. The fiberboard supply air ductwork needs to be either thoroughly cleaned or replaced. If cleaning is t? be conducted, please be aware that there is the risk of fiberglass releases to the spaces if the job is not performed properly and thoroughly sealed afterwards. Additionally, cleaning of fiberboard ductwork, once it has started to ~ow molds, is simply a time- delaying tactic, which in Florida conditions can provide relief for about 1098-04: City of Sebastian City Hall IAQ 6 October 1998 Wil A. Spaui, inc. Dr. Wil A. Spaui, CIH Page 3 four to five years at most - if done exuremely well. After that time, the process will probably need to be repeated. The better solution, since it is foreseeable that the City will own this building for many more years, is to replace this moldy ductboard with metal ductwork that is externally insulated. At the same time, consideration should be given to r~placing the air handler unit since it is fairly old. At this time. I recommend that the City get several estimates from mechanical contractors to replace the fiberboard ductwork with metal ductwork and to get several estimates from local duct cleaning firms - based on the cleaning procedures in Attachment 1, and if the City does not presently have the money to replace these items. Although the cleaning should be initially less expensive, keep in mind, it is only a temporary solution and the costs will need to be repeated again in about. four to five years. If the City does not have the money at present' for duct and air handler system replacement, then you may .want '.to consider a thorough cleaning of the air handler unit and ductwork, With the idea that in next year's budget, provisions be made to replace these items. A licensed mechanical engineer, instead of a mechanical contractor, should be consulted if replacement of any of these components is 'to occur, particularly when it comes to providing outside air. The mechanical engineer should provide you with alternative designs for providing: 'outside air .- some of which include a "piggy back" system (like the police., station) or a single unit that can handle the outside air How requirements. If you have any questions about this 'preliminary evaluation, please do not hesitate to contact me. Sincerely, Wil A. Spaul, President PhD, MPH, MSCE Certified Industrial Hy~enist Adjunct Associate Professor of Indoor Air Quality College of Public Health University of South Florida - Tampa Attachment (1): HVAC System Decontamination Procedures I I I I I I I I 'l i I I I I i I i CITY OF SEBASTIAN CITY HALL BUILDING AIR HANDLER SYSTEM DECONTAMINATION PROCEDURES GENERAL PROVISIONS: These guidelines are limited to work on the 1st Floor West End Air Handler System at the City Hall Building in the City of Sebastian.' a) This project involves I-IEPA vacuum cleaning, sanitizing non- porous surfaces with Oxine, and coating with Portersept (or Fosters White Duct Coating) the fiberglass insulation in the air handlers and supply air ducts, where fiberglass insulation is present. No other areas are to be coated with these coatings. The purpose of these coatings is to serve simply as fiber "lock down" or encapsulating agents for the fiberglass insulation after it has been cleaned, and these coatings should not be viewed 'as methods to preclude future mold growths at these locations. Although these coatings may contain limited amounts of inhibitory microbial agents, these antimicrobial chemicals serve to reduce the likelihood of the coating becoming a food stOck for future molds, and have not been shown to be effective in killing other molds that have not been removed. b) All small areas of frayed, cut, ripped,, torn, or raw edges of fiberglass insulation that are to remain shall be sealed with water-based duct mastic after having been HEPA-vacuum cleaned, yet prior to treatment with the Portersept or Fosters duct insulation coating. Moderate to larger areas of similar' damage are to be replaced. These guidelines involve a thorough inspection and cleaning of the air handler, the supply air ducts, and the small section of return air duct. 1098-06: City of Sebastian Air Handler Cleaning - 1st Floor 6 October 1998 W|I A. Spaui, Inc. Dr. Wii A. Spaul, CIH Page 2 To ensure proper cleaning of this air handler unit and ducts, access panels will need to be installed at some locations in the ducts to gain access. Only the procedures and chemicals that are specified in these guidelines are to be used. No other procedures or chemicals are approved without prior written approval from the Consultant. The cleaning procedures include all components of this air handier system, including but not limited to coils, condensation pans, purging the condensate drain line, room registers, fan blades and housing, insulation, dampers and turning vanes, heating elements and ducts.. Only. HEPA-filtered vacuum cleaners shall be on site'at the project with this Contractor. No'other types of vacuum cleaners are permitted to be used by the Contractor or to be brought on site. It will be the Contractor's responsibility to ensure that the air ducts air handler system components, and inside of the air handler are not damaged. All insulation cuts or penetrations shall be sealed on both the cut edge of the intact material and on the cut edges of the pl. ug that was removed. Any insulation, which is in contact with the air stream, and which is beyond patching shall be replaced with an HVAC-rated non-porous insulation material, such as sheet Armaflex or IMCOA sheeting (Nomaco, Inc., Zebulon, NC; 800/345-7279). Any and all water damaged and/or deteriorated insulation shall be removed and replaced with new insulation material that as compatible for use inside the air handler system. It shall be the responsibility of the Contractor to use only materials that are' approved and acceptable for use inside air handler systems, and for which a Florida licensed Mechanical Engineer has prepared a written statement that an alternative insulation product (if permitted to be used) is appropriate and does not violate any guidelines, building codes, or professional standards. The above-referenced HVAC-rated closed cell insulation products are recommended over fiberglass insulation. I I I I I I I i I I I i I I I I i I 1098-06: City of Sebastian Air Handler Cleaning 1st Floor 6 October 1998 WiI A. Spaui, Inc. Dr. Wii A. Spaul, CIH Page 3 Any damage to ceiling tiles, carpet, finished surfaces, or building components or furnishings that result from any of the Contractor's activities shall be repaired or replaced at the Contractor's expense and to the satisfaction of the City. I0. All wastes shall be'taken off site at the end of each work day by the Contractor. , Any chemical holding or waste holding areas or containers shall be properly secured such that unauthorized people cannot be exposed accidentally or intentionally to these products or wastes. All chemical containers shall be triple rinsed, and then punctured, so as to preclude future use, prior to disposal. The Contractor shall ensure that each work site is maintained in a safe and clean manner, and that no debris is allowed to remain at the work site upon completion of each air handler .system component or at the end of a work shift. Any staging or work site meeting area (inside or outside the building) shall be kept clean of debris and cigarette butts. Contractor's personnel are not allowed to smoke anywhere inside this building. One bathroom will' be designated for use by the Contractor's personnel, and no other restr0om facilities are to be used by these employees. The Contractor's personnel Shall be restricted to predesignated routes from the work site to the outdoors. There is no reason for the Contractor's personnel to be on any other floor or location within this building. Under no conditions will a Contractor's employee be allowed outside this route or on any other floor without prior approval from the Consultant. Any person who is found outside the work area or designated route may be removed permanently and immedia'ely from this project. The City and Consultant retain the fight to immediately dismiss any worker, including the supervisor, from this project at any time, and can do so without having to show cause. The Contractor will be assigned a site for breaks and lunch, and only that site will be used for those purposes. The Contractor's personnel are not permitted to use the employees' breakroom. 11. The Contractor's employees shall not discuss with visitors, staff, media, or other tradesmen any aspects, findings, or procedures 1098-06: City of Sebastian Air Handler Cleaning 1st Floor 6 October 1998 Wii A. Spaui, Inc. Dr. Wil A. Spaul, CII-I Page 4 involved with this project. If the Contractor receives any inquiries, those people shall be courteously directed to the City Manager's office. 12. The Contractor shall conduct his business in a professional manner. No radios, loud tal!cing or noises, or other activities that may disturb neighbors or building occupants will be tolerated~ 13. All electrical equipment that is used by the Contractor shall be plugged into extension cords or electrical panels that have ground fault circuit interrupter boxes, which shall be supplied by the Contractor. Electrical equipment and extension cords that do not have originally manufactured ends shall not be used on this project. 14. No subcontractors shall be. used on this project, and the Contractor cannot sell or contract any part of this project to another company, unless the Consultant and City. have provided prior written' permission to use a specific subcontractor. Each-subcontractor will- be reviewed as individual eases on specific projects, .and the City is under no obligation to accept any subcontractors. 15. The Contractor shall be solely and fully responsible for ensuring' that all of his employees and any-subcontractors to the Contractor (if allowed) that may in' any way be related to this project are r covered under Worker's Compensation Laws with his company. 16. Prior to initiating and during any work, the, Contractor's site supervisor shall conduct on-site safety inspections of each work area to ensure that appropriate lock 'out/tag out procedures have been implemented, the work area is continuously free of hazardous- situations, and the workers are properly equipped' with and are using safety and personal protective equipment. The Contractor shall be solely and fully responsible for conducting these safety inspections; and the Contractor shall be solely responsible for any problems that occur as a result of not conducting these initial and periodic safety inspections. If the Contractor is found out of compliance with any of these safety requirements, then the project I i i I I I I I I I I I I I i I i098-06: City of Sebastian Air FIandler Cleaning 1st Floor 6 October 1998 Wii A. Spaui, Inc. De. Wil A. Spaui, CIFI Page 5 can be stopped immediately and at no cost to the City. The project shall not resume until full compliance has been attained. 17. The Contractor shall not apply any chemicals to an operating air handler system. No. chemicals shall be stored, mixed, or used in an' area that could result in exposures to people who are not properly protected. Since it is foreseeable that other tradesmeu, building staff, and visitors may be on this floor and in the same work areas, the Contractor shall ensure that his work does not create hazardous exposures to these other personnel, The Contractor shall also ensure that his work and equipment do not create an unsafe w°rk or storage space for his employees or .for other people who may enter the space, and includes, but is not limited to, slip and trip hazards, electrical and/or energized hazards, chemical exposures, insulation exposures., other general and specific health and safety-related hazards, and biological hazards. 18. The Contractor is solely and .fully responsible for deVeloping and following a work plan that provides time and a means'for PrOPerly flushing chemical odors from the air handler system and building after use, and prior to the building occupants returning to work. The Contractor shall not use methods that 'Could result 'in the release or suspension of any insulation products, surface molds, 'or chemicals to the offices, halls, or other spaces. The work plan shall also include protections for those areas that have already been cleaned, to. ensure that those areas are not recontaminated during this work or by others who may be working on the floor at the same time.' 19. Deodorizers, odor neutralizers, organic solvents or fragrances are not to be used on this project. If any are found in these systems, they should be removed by the Contractor. 20. If any air handler unit components or duct areas are found to be "sweating" from condensation or leaking cool air, then the Contractor shall notify the City Manager or Consultant. The ContraCtor may be asked to repair the condensation or leak site for a pre-agreed "not to exceed" amount. If any internal duct insulation is found to be wet, 1098.06: City of Sebastian Air Handler Cleaning 1st Floor 6 October 1998 Wil A. Spaul, Inc. Dr. Wii A. Spaui, CIH Page 6 the cause of this wet area shall also be determined by the Contractor and then reported to the Consultant. Any duct areas, where internal insulation products are found to be wet. or have evidence of past moisture, may be replaced as part of this project, if agreement' is achieved on a "not to exceed" amount. If agreement is not .reached, then the City retains the' right to remove those areas as it so desires. 21. Upon completion of the HEPA vacuum cleaning and prior to any' Portersept (or equivalents) treatments, the site supervisor shall, be responsible for conducting a thorough visual inspection of all air handler system components, and shall make good any components that were not cleaned, repaired, sanitized, or coated as required by these guidelines. A similar ~detailed visual inspection by the Contractor's supervisor shall be performed after any '-.Portersept (or equivalents) treatment. 22. The Contractor shall ensure that his work does not interfere With the safe and full functioning of the bfiilding and air conditioning system~, and that no aspects of this work ~would contribute, cause; or result in an.unsafe use of this .building by the City's staff, other tradesmen, or visitors to the building. "- 23. 24. The fan motor shall be protected from damage during the Cleaning and coating processes. The Contractor shall immediately report to the Consultant all air handler-related mechanical problems that are id~entifi, ed during these procedures. 25. The City can elect to terminate this contract with the Contractor at any time and does not hay6 to show cause. Under those conditions, the Contractor will be given two (2) days notice of termination, during which time the Contractor shall plan to make appropriate actions to leave the site in a safe manner. The Contractor will be paid for the work that has been performed to that date, if the work has been found to be satisfactory. If the work is not satisfactory, then the City may elect to make good any deficiencies and then 1098~06: City of Sebastian Air Handler Cleaning - 1st Floor 6 October 1998 Wil A. Spaul, Inc. Dr. Wii A. Spaul, CIlt Page 7 26. deduct the cost from any payment due to the Contractor. The Contractor is an independent contractor and assumes full authority in directing this project and his employees, and as such shall be solely and fully responsible for any and all damages, regulatory compliance' problems, illnesses, or injuries within his employees or subcontractors that arise out of, from, or can be related to, this project. 27. The Contractor shall be solely and fully responsible for compliance with all federal, state, or local governmental authorities regarding building and mechanical codes, environmental, and worker health standards. The Contractor shall insure that all OSHA and EPA requirements that are applicable to this type of project are followed fully. The Contractor shall be solely and fully responsible for any damages, illnesses, or injuries that arise out of, from, or can 'be related to, this project that may involve City staff, visitors, or other tradesmen in this building. : B. CONTRACTOR REQUIREMENTS: The Contractor shah ensure that his employees have been trained in the hazards associated with the microbial, physical, and chemical exposures that may occur on this project, and that the Contractor has fully ascertained those potential hazards and provided appropriate personal protection and .york procedures te minimize these exposures. As a bidder for this project, the Contractor is representing himself as being knowledgeable about the various potential hazards that are possible on projects of this nature. Any contractor who thinks that he may not be properly trained or have full knowledge about the potential hazards that may be associated with this type of project is encouraged to not submit a bid' for this project. 1098-06: City of Sebnstinn Air Handler Clenning 1st Floor 6 October 1998 Wii A. $paul, Inc. Dr. Wii A. Spaui, CIH Page 8 2. Contractor Qualifications: a) b) All bidders shall be licensed mechanical contractors, and shall have a minimum of five years experience in cleaning air handler systems of similar size and complexity. The Contractor shall submit with the bid copies of licenses, insurance certificates, and the other required documentation that is identified-in the bid request. c) d) A list of at least three other projects of similar size and complexity that were completed within the past 24 months, which includes a list of the owner's representatives (and consultants, if any) and : telephone numbers shall be submitted with the bid. Also to be submitted: (1) List of personnel who will supervise .and perform the work with pertinent information on certifications, training, 'and years of . experience as a supervisor for these types of projects; (2) List of employees and their social security, numbers; (3) Statement and signature from a licensed physician that each employee has been found medically qualified within the' past year to wear the respirator that will be used on this job; (4) Evidence of respirator training, fit testing, and other respiratory program requirements as required in 29 CFR 1910.134; (5) Evidence that all of thc Contractor's workers have been trained in these additional items: (i) hazard communication for the products used; (ii) possible health effects from exposures ,to microbial organisms that may be present inside an air handler system; (iii) lock out/tag out OSHA procedures; (iv) ladder safety. (6) A clear photocopy of a picture identification card for each employee; e.g., a driver's license or other government identification card. I I i i I i i i I I i i I i I I I I i 1098-06: City of Sebastian Air Handler Cleaning 1st Floor 6 October 1998 Wil A. Spaul, Inc. Dr. Wil A. Spaul, CHI Page 9 Invoicing: The Contractor shall submit one invoice after all work has. been completed, and the project has been inspected by the Consultant for the City. Any deficiencies that are identified shall be corrected within one calendar week after the Contractor has been notified. Payment on the invoice will be delayed until the project has been satisfactorily ~ompleted, as decided by' the Consultant. These Air Handler System Decontamination ProCedures are supplemental to other City of Sebastian purchasing terms, conditions,. and agreements, and should there be a conflict between those City contractual requirements and this decOntamination procedure, the stricter requirements of the two shall prevail. C. PROJECT DESCRIPTION: Prior to gaining access or starting work inside the. unit or ductwork, the air handler system upon which work is to be performed shall be de-energized and locked out (and tagged) by the Contractor, as specified by OSHA requirements (29 CFR 1910.1200)." After the: system has been fully de-energized, the air handler system will be put under a negative pressure by a HEPA-filtered negative air machine. This negative pressure shall be maintained during the entire inspection, cleaning, and decontamination procedure. The negative air machine should be exhausted outdoors with flexible ducts. The negative ak system should be attached to an air register (depe..ding on system design and work location)' and should remain in operation until no cleaning residues or other odors are detected in the exhaust air by the Consultant or other designated representative for the City. The air handler should operate continuously for at least six hours prior to any staff or. visitors being allowed into the space where exposures are possible. Outdoor air provisions should be fully opened to ensure adequate dilution and flushing of the spaces during the building flushing time, which in this case may require an open exterior door. The Contractor shall be solely responsible for security of the building during the time that the building is open for flushing. 1098.06: City of Sebastian Air Handler Cleaning 1st Floor 6 October 1998 Wil A. Spaul, Inc. Dr. Wil A. Spaul, CIH Page 10 Building exhausts (e.g., bathrooms and other exhaust fans) shall also remain in full operation during the building flushing. The cleaning and decontamination procedures involve at least a three step procedure in some parts of the system. After the units and ducts'have been properly de-energized (and lock out procedures have been completed) and the system then accessed, the inside surfaces of these areas should be HEPA-vacuumed to remove any visible surface debris. Brushing and. the use of air jets to assist in cleaning these surfaces is' recommended. After all surfaces inside the air handler unit have been cleaned and HEPA-vacuumed, a non-acid foaming coil cleaner shall be sprayed on both sides'of the coils and then rinsed with a pressure rinse that should not exceed 800 p.s.i. The foaming coil cleaner shall be applied repeatedly until the foam' remains clean and white. The coils should be 'thoroughly rinsed within three minutes of each non-acid foaming coil cleaner ..-' application and the condensation pan should be cleaned and flushed. after the foaming coil cleaner applications. The condensation ~line should be thoroughly purged at the completion of the air ~handler unit cleaning. The foaming' coil cleaner for this Project is Trane Alkaline Foam Coil Cleaher or equivalent. If the Contractor desires to use an equivalent alkaline foaming coil' cleaner, 'then the burden to show that the product is equivalent rests with the Contractor. ': The decision by the Consultant will be a final decision. No coil cleaning- related particles or chemical residues shall be visually observed or detected at any location in this system after the cleaning process. After the air handler and its components have been cleaned, the. non-porous surfaces inside of the air handler and duct system shall be thoroughly sprayed with Oxine, an EPA-registered sanitizer that can be used inside air handler systems for non-porous surfaces. Oxine, nor any other sanitizing solutions, vapors, or gases, shall be applied to any fiberglass insulation. Oxine and the Portersept (or equivalent encapsulating coating) shall be applied with an airless paint sprayer to provi~le a uniform film on the appropriate surfaces. Fogging is not permitted on this project. The 'Portersept shall be white pigmented, and shall be applied 1098-06: City of Sebastian Air Handler Cleaning 1st Floor 6 October 1998 Wil A. Spaul, Inc. Dr. Wil A. Spaul, CIH Page 11 - uniformly to at least a 5 mil thickness, which will result in a thick white coating. Normally, several coats are required, with complete drying of each coat being required prior, to a follow-up application. For this reason, the coating process may require several days, since drying of the earlier coat is required before an additional coating is' applied. If there are. any questions about balance of the fan blades and blower wheel assembly 'after cleaning the air handler fans, then the Contractor shall assume responsibility for balancing the blower wheel assembly. After thoroughly washing any metal blades and fan housings, any bare (unpainted) metal surfaces shall be properly prepared to receive a rust inhibitor primer paint,, which, after the primer has dried, will then be spray coated with a metal enamel paint. The cleaning and decontamination of the air handlers shall be performed at times that the air handler system can be shut. down and the space is not occupied. This time will be decided by the building owner, and will proba"bly include night or weekend work. The City retains the fight to delay or postpone any phase of this project if such work may interfere in any' manner with the operations of the facility. Where space permits, any access panel into a duct should be at least 24" x 24" square. If the space does not permit an access of ak least this size, then the access panel should be as large as possible, or be relocated to a site that an access of this size can be installed. Prior to closing the air handler unit at the end of the project, the air handler unit shall be pitched slightly to improve drainage. No' deodorizers, pan tablets or strips, other insulation coatings or sealers, or other chemicals not previously identified in these procedures shall be used inside these air handler systems. All low efficiency air handler unit air filters should be replaced with at least 30% rated (ASHRAE Standard 52-76 Dust Spot Test) efficiency pleated filters. A Fart 30/30 .or equivalent filter is the minimal level of filter that can be used. 109g-06: City of Sebastian Air Handler Cleaning - 1st Floor 6 October 1998 Wii A. Spaul, Inc. Dr. Wii A. Spaul, CIH Page 12 10. 11. 12. Prior to accessing the above ceiling air handler unit or components in carpeted areas, the floor shall be covered with 6 mil polyethylene sheeting. The polyethylene sheeting shall be secured to prevent slippage. Any, other existing equipment in-the room shall also be draped with 6 mil' .polyethylene sheeting if those areas could become dirty or contaminated. Ail ceiling debris that falls down shall be immediately' removed by a HEPA vacuum or wet wipe method. Any return or supply diffusers that have visible debris shall be removed, thoroughly cleaned and reinstalled. After the diffuser has.' been cleaned and dried, the Contractor shall reinstall and secure the '- register, and the Contractor shall be solely and fully .responsible for ensuring that the registers are firmly attached. All chemical product labels, 'manufacturer's instructions, and' Material Safety Data Sheet information shall be followed by the Contractor. Oxine shall be mixed outdoors and then after several minutes may be brought into the building o~-Work area. The Oxine cOntainer shall be put on top of plastic sheeting, if brought into the building. .. Prior to starting any work in the air handlers or ducts, the Contractor's employees shall be ProPerly suited in disposable Tyvek protective suits and rubber gloves, and donned with at least a NiOSH-approved half-mask respirator that is equipped with a I-IEPA filter (magenta color). During the Oxine or Portersept treatments, additional chemical Cartridges will be required to protect from the chlorine (in Oxine) and organic vapors in Portersept. A three-way combination cartridge is recommended, which would include a. HEPA filter, chlorine cartridge, and an organic vapor cartridge. Appropriate eye goggles are also required to be. worn during any and all activities that may release biological agents, fiberglass, Or chemicals. Full facepiece respirators are recommended. During the Oxine treatment, the non-porous surfaces should be sufficiently wetted with Oxine to get even coating and penetration to the metal surfaces. The porous insulation shall not be treated with I I I i i i I I I I i i i i I I I I I 1098-06: City of Sebastian Air Handler Cleaning - 1st 6 October 1998 Oxine. Floor Wil A. Spaul, Inc. Dr. Wil A. Spaul, CIH Page 13 13. 14. No chemicals shall be dumped onto the ground or in a storm drain. These waste waters should be disposed in the sanitary sewer system and in no other system or location. Spray the non-acid foaming outdoor coil cleaner onto the coils, wait about two minutes (and not more than. three minutes), then thoroughly rinse. Do not use steam. Repeat this process until no debris comes to the surface in the foam, which may require several applications of the foam and rinse cycles. A protective rubber suit, gloves, respirator, eye. protection, and boots are recommended for this step. Since the foam cleaner can cause severe respiratory irritation, eye damage, and skin bums, even from a .brief exposure, the workers shall wear protection from splashes and inhalation of vapors. Be sure to rinse both sides of the coils. An~ fins that are bent shall be combed straight before. any cleaning treatment is started. 15. 16. 17. If any fins are bent during the cleaning process, then these fins. should be combed straight.with a coil fin comb both before clean, ing and at the end of the project. Allow the 0xine, coil cleaners, and Portersept coating to be flushed and air dried at least six hours before the space served by that air handler unit is reoccupied. If the surface microbial growths did not appear to be killed by the first 0xine treatment, rhea additional applications of 0xine may be required. Protective gloves and eye protection are required when mixing chemicals and when cleaning, sanitizing, or coating the air handler and duct work. This requirement also includes the time that Oxine is mixed outdoors. 18. The condensation pan shall be rinsed and shall be free of all visible debris. No slime layers, cleaning residues or particulate matter shall remain in the condensate pan at the end of the project. 1098-06: City of Sebastian Air E[andler Cleaning 1st Floor 6 Octol~er 1998 Wil. A. Spaui, Inc. Dr. Wil A. Spaul, CIH Page 14 19. The air handler blower wheel and shaft should be foam cleaned, rinsed, and those that are ibare metal shall be coated with a rust inhibitor coating, and then Coated evenly with a metal enamel paint, as previously specified. 20. Prior t6 any cleaning or chemical use, a negative pressure exhaust system that' will draw pollutants from the air handler system, to the negative pressure exhaust system should be established and maintained through all procedures. The negative pressure exhaust system should 'be equipped, with a HEPA filter and then ducted outdoors. High volume vacuum exhaust systems should be used in such a manner to ensure that an adequate makerup air flow'is supplied' to the system. If excessive negative pressure is'alloWed to accumulate, and any du6ts collapse, then' those problems Will.' be corrected at the Contractor's .expense. The. vacuum hose to:the negative pressure exhaust .sYstem should be attached to 'the:'end registers of each supply air trunk line during cleaning of " the ' supply air ducts. All work shall, proceed from the air handler towards the remote ends of the supply and return air ducts. .The return duct and air handler unit shall be cleaned first, and ~then the supply 'air. ducts. 21. The first stages of cleaning the ducts should include well-controlled light brushing and air jet cleaning of the insulation and metal sa/faces, while also vacuuming these sttrfaces. If 'cleaning is too rigorous or aggressive, then the: insulated surfaces can be destroyed and the site can be a possible site for fiberglass fiber releases, which would be corrected at the Contractor'S expense. 22. Oxine should be viewed as a Sanifizer for non-porous surfaces'and not as a disinfectant, even though Oxine, when prepared according to the manufacturer's guidelines, is an effective disinfectant on some surfaces. As of the current date there is not an EPA-registered sanitizer for porous materials, such as fiberglass, and for this reason, no sanitizing agents shall be applied to the fiberglass. 1098-06: City of Sebastian Air I-Iandler Cleaning Ist Floor 6 October 1998 Wil A. Spaul, Inc. Dr. Wii A. Spaui, CIH Page 15 23. The dedicated exhaust systems on this floor shall also be cleaned. All exhaust fans, including those on the roof, shall be inspected and cleaned. If .any mechanical problems, such as bearings, fan belts; drive motors, or damaged fan blades are found, then the Contractor shall bring those problems to the attention of the Consultant. 24. All missing screws, bolts, or nuts shall be replaced by the Contractor during this 'project. 25. Although the cleaning Contractor is not responsible for a final Test and Balance, the Contractor is expected to reconnect any disassembled components back to the position in which it was originally found, unless there is a problem with the initial position. Any. questions regarding a component shall be addressed to the Consultant. 26. Metal access plates, where required, shall be made with at least one inch overlap all the way around the access hold, shah be' secured with sheet metal screws on three-in6h centers, and then sealed first with water-based duct mastic and then aluminum foil duct tape. 27. Ductwork replacement is not part Qf this project. 28. Although normal work hours on this project Will be from 1730 to 2400 hours, there may be times that this work may need to be performed at other times, such as weekends and/or holidays. 29. The Contractor shall protect all equipment, furnishings, and other building components from possible water, dirt, fiberglass and chemical contamination and physical damage. 30. The National Air Duct Cleaners Association baseline cleaning specification will not be used in this project since it is both very controversial and is seriously flawed technically. The release criteria will be a "cldan" visual inspection result, as determined by the Consultant. I098-06: City of Sebastian Air Handler Cleaning 1st Floor 6 October 1998 Wii A. Spaul, Inc. Dr. Wii A. Spaul, CIH Page 16 31. Although the City will attempt to provide uninterrupted sequencing of the cleaning of these systems once work has begun, this provision cannot be guaranteed. The operations of the City shall take priority over all activities by 'Contractors at this site. 32. Although efforts will be made to minimize other people from working in the same areas at the same time, some coordination may be necessary at times. 33. Although equipment storage is: usually safe, the City will not be responsible for any equipment that the Contractor elects to store on-. site. If the Contractor does not. believe that his equipment will be safe if stored at this site, then the Contractor should remove the equipment immediately after use. 34. Any photographs that will be taken to verify the 'conditions after the project will be done so by the Consultant.' The Contractor is not required to take any photographs. 35. The Consultant will have the lanai decision as to whether a component is clean or needs to be recleaned. This decision will be based on a detailed visual .inspection by the Consultant. After an area is cleaned and prior to sealing the area, the Contractor should make arrangements at least 48 hours in advance for the Consultant to inspect those areas. If an area is sealed prior to the Consultant's inspection, then the Contracior will need to open the area and then, reseai it aft,~r the inspection. If a Contractor has a problem with the decision being based on visual inspections by the Consultant, then the Contractor should not submit a bid for this project. All reCleaning, until the component satisfies a visual inspection by Dr. Spaul, Shall be performed at the Contractor's expense. 36. For any equipment that requires 220-volt power, a written request should be submitted to the City Manager at least five days prior to the equipment being connected. The Contractor shall bring a panel board with Ground Fault Circuit Interrupters (GFCIs) at the time that the request for connection is submitted, and should list several i I I I I I I I I I I I I I I I i I I 1098-06: City of Sebastian Air ttandler Cleaning 1st Floor 6 October 1998 Wil A. Spaui, Inc. Dr. Wii A. Spaul, CII-I Page 17 preferred locations for the panel to be connected. Although the City will attempt to accommodate the preferred location, this may not always be the case due to the locations of power in the building or due to some other operational reason. Clean, Healthy, Comfortable Air CLIMATE CONTROL SERVICES Award ~Vtnning Service Jant~r7 19, Mr. Paul Wngner Assistant City Mnna~ City of Sebas~an 127.5 Main Street Sebastian, FL 5295~ Boca Raton/Delray Beach ................ 561-278-7125 Boynton Beach/S. Palm Beach ........ 561-734-3500 West PaJm Beach/N. Palm Beach .... 561-848-3774 Jupiter/Tequesta ............................... 561-744-3774 Deerfield/Ft. Lau~erclale ................... 954-426-2081 Fax for Service Ext. 300 F~x for Sales Ext. 306 MAIN OFFICE 1900 McNab Avenue Delray Beach, FL 33d~.~.~1598 Attn: Paul L. Wa~er We hereby lm~de the follo~n~ mst to eomplete the required work in ac~ordnnee with the " i specifications ombed, for the mnount of.- Forty Two Thousand EiRht Hundred Fifty Five & ~o/,.Dollars -- I BALANCE DUE UPON COMPLETION All work is provided as specified. AH work to be completed L: a workman like manner according to ' standard practices. Any alta'ation or deviation ~om ~e above specification involving emma costs will be executed only upon written orders, and will become an extra charge over and above this proposal. All agreement are wri~m and no verbal statements, representations or understandings have been made or expressed herein or otherwise. All agreements contingent upon strikes, accidents, or delays beyond our control. Aathorized Signature · Climate Con~xol Service~ Inc. ACCEPTANCE OF WORK ORDER The above prie. m and specifications are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined in this agreement. Florida Air Conditioning Clean, Healthy, Comfortable Air CLIMATE CONTROL SERVICES Award '14zznning Service 'Si~ 2973' Boca Ratnn/Delray Beacl~ ................ 561-278-7125 Boynton Beac~S. Palm Beach .[ ...... 561-734-3500 West P~lrn BeachiN. Palm Beach .... 561-848.3774 Jupiter/'requesta ............................... 561-744-3774 Deedield/Ft. Lauderdale ................... 954-426-2081 Fax for Service Ext. 300 Fax for Sales Ext. 306 MAIN OFFICE 1900 McNeb Avenue Delray Beach, FL 33444-1598 City of Sebastian HVAC Modifications January 19, 1999 GENERAL PROVISIONS: I. These modifications are limited to work on the first floor, City Hall Building for the City of Sebastian. a) This project involves Air Conveyance System cleaning, installation and replacement. b) All fiberglass ductwork is to be removed and replaced with externally lined metal plenums with flex3ble duct branclaes and runouts. c) Provide a mechanical outside air system, ducted to each of three air-handling units. d) Provide appropriate containmem and monitoring to reduce the possibility of. building comamination- e) Replace three existing air conditioning systems with high efficiem units. f) Specialty sub-contractors may be required due to the intricate scope of this type of project. PROJECT DESCRIPTION: The floor plan of the facility dictates containment systems would be divided into three sections during the removal and replacemem of the ductwork. The west and north duct system shall be removed and replaced. The east air handler is a newer system and already utilizes flexible ductwork, only the supply mmkline and register boots require the following specifications. a) Prior to accessing the ceiling area to remove the ductwork, the area flooring shall be protected with 6 mil polyethylene sheeting. Office furnishings and equipment shall be covered it'those areas are subject to dirt or particulate. All debris resulting from the removal shall be vacuumed using only HEPA rated equipment or wet wiped as needed. No visible debris shall remain upon completion of each area. Florida Air Cc~ditioning~a~,,~ b) Prior to ductwork removal the system shall be safely locked out of operation. Then a HEPA rated negative air machine shall be utilized to provide negative pressure of the air conveyance system during the removal process. The procedure requires the removal to begin at the end of each duct mn and each piece sealed or bagged to reduce fiber release into the occupied space. During the removal particulate monitoring shall be performed to ensure space contamination will be detected and removal halted until the cause is known and rectified. c) The existing register boots shall be cleaned with a HEPA vacuum, loosed or damaged areas then sealed with water-based mastic and then coated with Portersept as a lockdowa. d) The Supply Tnmkline shall be replaced with metal duct, externally lined. The remaining branches shall be flexible ducts connecting to each supply boot. Should any junction boxes be required they shall be new and coated with Portersept as a lockdown. The north, somh and west air handlers and condensers shall be replaced, due to their limited moisture removal capabilities, with a Three (3) ton Lennox variable speed unit enhanced to remove additional humidity fi:om the occupied space. Ail low efficiency air handler unit air filters shall be replaced with at least 20% (30% if practical due to appliCation) rated efficiency pleated filters. Based on the recommendations Of Ron Bailey, P.E. and Dr. W'fl Spaul, we shall provide a five (5) ton outside air system to provide the occupied space with positive pressure and a constant supply of conditioned air. a) The load calculations provided by Pon Bailey, PE indicate a Five (5) ton 600 CFM outside air system is recommended based on the current building use. · The second floor is not included in this recommendation. b) This proposal includes a package type refrigeration system located on the west side of the building. The ductwork shall then be provided to each of the three air handling units located in the drop ceiling of each area. c) The ductwork shall be round metal duet. Ductwork to be installed per all applicable codes and standards. d) The ductwork shall have balancing dampers itatalled. Each system shall be ' initially commissioned to provide 200 CFM to each system. e) The specified system shall be an Addison Model # PCA061S-1E with hot gas reheat to aid in dehumidification. f) Electrical is not included in this project scope and shall be provided by others. CLIMATE CONTROL SERVICES m oo. ou REMEDIATION CLI[ENTS 9r 3r Award qlLnning Service ~ 9r ~ine. z 1973" CATALFUMO CONSTRUCTION HARBOUR HOUSE 4300 CATALFUMO WAY 2295 S. OCEAN BLVD. PALM BEACH GARDENS, FL 33410 PALM BCI-L. FL 33480 DANIEL CATALFUMO 561-691-3880 BENNIE VILES 561-582-3548 Boca Raton/Delray Beach ................ 561-278-7125 Boynton Beach/$. Palm Beach ........ 561-734-3500 West Palm Beach/N. Palm Beach .... 561-848-3774 Jupiter/Tequesta ............................... 561-744-3774 OeedieicffFt. I.auderaale ................... 954-426-2081 Fax for Service Ext. 300 Fax for Sales Ext. 306 MAIN OFFICE 1900 McNab Avenue Delray Beach, FL 33444-1598 STATE OF FLORIDA DEPT. OF CORRECTIONS 769 S. COUNTY ROAD ARCADIA, FL 33821 813-753-5613 ALLERGY IMMUNOLOGY I000 NW N~TH COURT BOCA RATON, FL 33432 DR. STELA TUE~RAN 561-395-9302 JUPITER BEAClt RESORT 5 NORTH AIA JUPITEIL FL 33477 DAVE CLARK 561-746-2511 THg STUART NEWS 1939 S. FEDERAL HIGHWAY STUART, FL 34994 DAVE OPASIK 561-221-4130 BONNIE TILE DISTRIBTORS 3308 WEST 45TH STREET WEST PALM BEACH, FL 33407 BONNIE PATI'ERSON 561-686-7410 MOBIL LAND DEYELOPMENT SAILFISH POINT REALTY 1755 SE SAILFISH PT. BLVD. STUART, FL 34996 THOMAS LA FON 561-225-6200 RIVERBRtDGE REALTY - 6800 FOREST IBLL BLVD. WEST PALM BEACH, FL )3413 CARLA SMART 561-969-2600 CHALLENGER ELEM. SCHOOL MARTIN COUNTY SCHOOL DIST. STUART, FL 34997 BILL WHrITYIVlORE NATIONAL COUNCIL ON COMPENSATION IWSURANCE 750 PARK OF COMMERCE DR. BOCA RATON, FL 33487 KEV'IN O'NF. AL 561-995-1710 WFI"V CHANNEL 5 622 NORTH FLAGLER PALM BEACH, FL 33406 CL~UDIA SAMAYA 561-655-5455 DOUMAR, CURTIS CROSS LAYSTROM, PERLOFF 1177 SOUTHEAST THIRD AVE. FT. LAUDERDALE, FL 33316 JOHN PERLOFF 954-525-3441 ML-'FATrE~ VO-TM CENTER BROWARD COUNTY SCHOOL DIST. 65OO NOVA DRIVE DAVIE. FL 33317 SYLVESTER DAVIS 954-928,0218 P.B. COUNTY SHERIFF'S 3228 GUN CLUB ROAD WEST PALM BEACH, FL 33406 BILL STEINBACH - 561-688..4660 FPL CREDIT UNION 575 SOUTH US 1 JUNO BEACH, FL 33408 IRIS FRANKLIN 561-694-2757 OSLO biIDDl.g SCHOOL 480 20Tit AVENUE S.W. VERO BEACH, FL 32960 DENNIS BERAN 561-564-5035 GOOD SA3,I.ARITgaN MEDIC.M., P.O. BOX 3166 WEST PALM BEACH, FL 33402 LINDA LAURRO 561-655-5511 PALM BEACH COUNTY FACILITIES 3323 BELVEDERE ROAD WEST PADM BEACH, FL 33406 DE.~N ZEHNTER 561-233-0259 STATE ATTORNEY'S OFFICE 411 SOUTH SECOND STREET FORT PIERCF,, FL KEN HALL 561-{62-1431 DODGERTOWN ELEM. SCHOOL INDIAN RIVER COUNTY VERO BEACH. FL JOHN AIKENS 561-564-5014 FLORIDA INT. UNIVERSITY CONSTRUCTION MANAGEMENT IRTISHAD AF[MAD, PE 305-348-3654 ST. LUCY REGIONAL DETENTION CNTR. 1301 BELL AVENUE FT. PIERCE. FL 34982 PETER R. BROWN CONSTRUCTION. INC. ROBERT PETERSON 561--,68-3940 FPL ST. LUCIE NUCLEAR PLANT 6501 SOUTH AIA FT. PIERCE. FL 34954 RONNIE HOSKLNS5614684128 WhNN DLXIE SUPERMARKETS 1141 SW 12TH AVENUE POMP.hNO BE4CH. FL 33069 LYN WORDELL 954-783-2836 ONMI ROZEN HOTEL 9840 INTERNATIONAL DRIVE ORLANDO, FL 32819 S.L GOLDMAaN COMPANY JOHN MARTIN 407-830-5000 [~,LSkRTIN MEMORIAL MEDICAL 109 NW ST. LUCre W ST BLV PORT ST. LUCIE, FL 34986 / 561-785-5505 ,~ Jan-20-99 05:39P -FAX QUOT Date I January 20, 1999 _Numl3er ot oages including cover sheet I 1 To: Mr. Paul L Wagner, Assistant To City Mngr. Of: City Of Sebastian Florida Sugject HVAC PROPOSAL Job Name , City Hall .HVAc Renovation . ADDRESS 1225 Main S_t. Sebastian FI. ,Phone (561) 388-8241 Fax Phone (561)_ 589-5570 (407) 632-2638 P.Oi TLANTIC-AIR , iNC.- HEATING & AIFI CONDITiO-NiNG From: Mike Johnson I I PhOlle Fax Phone Sebastian, Flor'.da (407)632-027.6 (407)632-2638 [] Urgent [] For your review [] ReplyASAP [] Ple~tsecomment Mr. Wagner, ~' Atlantic-Air, Inc. is pleased to present a proposal to provide all materials and furnish'labor .,,}cessarv in conjunction with the removal and proper disposal of throe (3) existing Lennox three (3) ton .~r handling units, ductwork, grills and all associated appurtenances including the three (3) matching outdc~or ' condensing units. The installation of new equipment, ductwork and associated appurtenance,~ neces, sary for a complete and operating systems per the following will be provided and installed. Work included in scope ,,via be as follows- "'' A> 3 Ea. three mn danitrol condensing units model CK36-3A 208/230 3 phase. " B> 3 Ea. three ton Janitrol air handling units model A42-10 (lOKw Heat Strips). 208/230 1 phase. C> 4 Ea. ductsystems fabricated of galvanized sheet metal and wrapped externallY with 2" fiberglass insulation. D> 1 ea. PCAO71M-3 Addison Weatherldng/100% outside air packaged unit to provid~ outside makeup air to each air handling uniL (further details to be provided upon receipt of (,r ~er). E> Price includes labor, ductwork, system start up and check out. F> Does not include Permits, Engineering, Crane, Electrical wiring. G> Limited Wan'anty: One Year Labor By At~antJc-Air, Inc. Fwe Year Limited Manufactbr~'?s W ~rranty On all functional parts. Manufacturer's Umited Warranty does not include labor, freigiff, ~.3.x or matedal to change. H> The Total Installed Price Of The Above Will Be Forty Eight Thousand Dollars,- ........ $48,000.00 [> Proposal Good For 30 Days from above date. I I i I i Respectfully Submitted Mike Johnson .I I I .i I I I I I HiLL YORK CORPORATION December 4, 1998 CITY OF SEBASTIAN 1225 Main Street Sebastian, Florida 32958 Attention: FAX: Subject: Mr. P~ml Wagner 561-581-0149 H.V.A.C. Replacement and O/A Installation Dear Paul, i apologize for taking so long to get you this proposal. We have taken the time to totally review the requirements to provide a system to meet current outside air requirements and release the air quality problems you currently have, in conjunction with Wil A. Spaul, lnc.'s report dated 10/6/98. As discussed, in you office, it will be the City's responsibility to patch all existing openings in the old calling during our phasing of installation, provide a minimum of(3) dehumidifiers in the second floor areas and close all existing floor openings, this work can be done by City workers to keep cost down. We have based our proposal similar to the Police Station. Three phases will be used toI accomplish the demolition and new installation. All three phases of work will be closed off and air monitored, as was done in the Police Station, to minimize air quality problems during occupancy. I am listing below demolition kerns included and excluded: Demolition Remove ceiling tile and grid as required; · Clean tile and grid; ° Remove existing fiber~ass ducx and disposal; ° Remove existing (3) split systems: ° Clean up in each phase of work: Page Two We are including the following: Replacement of all fiberglass duct on (3) systems with galvanized metal wrapped duct; Replace existing split systems with (2) 3 ½ Ton condensers and (2) 4 Ton air handlers, and (1) 5 Ton split system; Install (1) 10 Ton package unit with 100% outside air and hot gas reheat; Wiring for all new systems; Air quality monitoring during construction; New refrigerant lines as required; UV lights in return ak ducts on (3) new systems; Electronic air filters on (3) new systems; Engineering drawings and stamp for permit; Concrete pad for new package unit; Cleaning of existing grilles and re-installation; We are excluding: Closing of existing floor and/or ceiling openings; ° Dehumidifiers for second floor area; ° Sealing of windows and/or wall openings; Permit fee; * Asbestos and lead inspection of building; The cost for the above described scope of work is $/~;j'~'~d, oO . We look forward to working with you on this project in the near future. If there are any questions or a presentation that the City may require, please don't hesitate to call. Sincerely, HILL YORK CORPORATION Senior Estimator RT:dc I J. 1998 ~: 07PM P2 DATE: -" ' -,"2J. -'.-- - .i~Rt3pOSAL rsnooa m osncs Re: Hill York Corporation 3921 Westgate Avenue - :,-.,.; .. West Palm Beach, FL 561.689.7355 Fax: 561.(~g~.T~77 Attn. Ralph Trad~ - City Hall. In respor,~e to you~ r~lu~ we ar~ mlxnitfi~ al~l ~ l~a ~ m~m~g ~ si~ conmim~t in Contra~r gdu~n: P~~ ~~ m ~ c~l m ~e com~ wo~ng on ~e pmje~ ~d provide a c~ ~ ~A ~Q ~~-~ ~ ~I~s Un~ ~~on". A ro~ of -. work pm~ md ~ ~ ~ ~~m ~ ~o be p~fomd ~ ~ time. Not Include: S~ w~ ~ ~g or ~'~ ~ m ~ ~~ p~re ~lafio~ps. N~ p~ct ~h ~~ ~ ~ ~g m~l~ m~ of M~S fern or o~ condom or ~ ~t ~ h~ Hazardous materials (t,e l~ad or Asl~sm~): lll~$mtmsal does not ~c~O my ~mt or monit~ng f~ haz~do~ ~tefia~. It s~ll ~ ~ clicm'$ ~ ~ ao~ ~ ifh~do~ ~t~ am ~:~t on ~ projec~ Site visitatlom We arc pmpos/ng ~o mo~tot ti~ ~ o~ a 8ally ba~/~ to perform the above taaks. Wc havc cm'imatcd ~ hours :/ne. per day, for ~ project. A fuml mlXal ta tmlm~vided ar'~e end of the Containment: Provid~ all labor, material.~ aml~mtuimd to p~rform ail tlg operations necessary in assaciatinn with the containment ora ] phl~ llt~r~l~l l~jec*. Our remediation con--or ~II con~n ~1 w~ ~ by mn~ m~. laclu~ p~ ~~ ~g rile ~al ~d ~ml~o~ ~fi~l b~, . ~ negafiva ~ ~. ~ pwj~ will inc~ lO~~ns, any additional e~m~u cn~on~ not ~iled / ~ ~ ~ ~m will ~ b~ at ~ ~fie~l ch~g~ /tl~ ] I I