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Home My WebLink About08092000City of Sebastian Management Team Meeting Agenda 10:00 a.m. August 10, 2000 I. Welcome Ralph Brescia -All II. IV. VI. Review of 8/9/00 City Council Meeting -Kay O'IIallorau/Sally Maio Fourth Quarter Commuuity Newsletter -All Fiscal Year 2001 Budget Process -Terrence Moore/Mark Mason Interdepartmental Coordination via City Manager's Office -Terrence R. Moore/Paul Wagner Employee Appreciation Picnic -Rich Samolewicz For the Good of the Order VIII~ Adjourn ~ = o~°o SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, AUGUST 9, 2000 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. Mayor Barnes called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. There was a moment of silence. ROLL CALL ..Cil~ Council Present: Mayor Walter Barnes Mr. Joe Barczyk Mr. Edward J. Majcher, Jr. Mr. James Hill City Council AJ;)sent: Vice Mayor Ben A. Bishop (excused) Staff Presel3t: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Kathryn O'Halloran City Engineer, Ralph Brescia Finance Director, Mark Mason Police Chief, Randy White Public Works Director, Terry Hill Deputy City Clerk, Sally Maio Regular City Council Meeting August 9, 2000 Page Two AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon a majority vote of City Council members (R-99-21) 00.075 PROCLAMATIONS. ANNOUNCEMENTS AND/O.R P_RESFNTATiON~ A. PresentatioB of Certificate of Appreciation - Harry Thomas - Former Metropolitan Planning Orc~an~al;!Ql~ Citizen Advisory Committee Member - 1993 Through 2000 Mayor Barnes presented a certificate of appreciation to Harry Thomas. ~-C--Z~~-~'-'~ 00.173A Presentations · ---'~ublic Works Director, Terry Hill - Efforts/mplemented as (p...~tlined in 1996 Craven T_hompson Study · ~'"~t, Jo~r~s River Water Management District Representative CITY ATTORNEY MATTERS 0:l?~? ~ ~ CITY MANAGER MATTERS 9. CITY CLERK MATTERS 10. CITY COUNCIL MATTERS A. Mr. Hill B. [Vlr~ Majcher C. Mayor Barnes ~~op Mr, Barc~I¢ 00. ~74 00.175 00.176 00.177 11. CONS_ENS'~GENDA All items on the consent agenda are considered routine and will be enacted by one mo§on. There will be no separate discussion of consent agenda items unless a member of City CouncJ so requests; in which event, the item wi71 be removed and acted upon separately. Approval of Minutes - 7/19/00 Workshop, 7/26/00 Regular Meeting ~eso/ut.[on No. R-0D-4LI - Vacation of Easement - Mackenzie - Lots 9 & 10, Block 154. SJ-I Unit 5 (Growth Management Department Tr~l~smittal..7/31./01~, .R-0Q-41~ Application. Site Map. I~eport~ Utility Letter~). A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 28 AND 29, BLOCK 154, SEBASTIAN HIGHLANDS UNIT 5; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROViDiNG FOR AN EFFECTIVE DATE. Co Resolution N~_ R-00-42 - Vacation of Easement - Wilhite - Lots 28 & 29, Block 162LSH Unit 5 (G_r_oyy~b. Jvl~n. La_(~ement Department Transmittal 7/31/00, R-00..41, Application. Site Map. Staff ELepo[t~_Utility Letters) A RESOLUTION OF THE CI'I-~F~EBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS g(g/& 0.~ BLOCK 162, SEBASTIAN HIGHLANDS UNT 5; PROVDNG FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR AN EFFECTIVE DATE. D. Pelican Island Preservation Society Use of Riverview Park with Electricity for Pelican Island Wildlife Festival to Commemorate the 98th Anniversary of Pelican Island Wildlife Refuge - 3/~1.~Q0,10 am to 4 pm (City Manager Transmittal 8/1/00, PIPS Letter) ' ~t/ OI E. ~_Approve Temporarily Closing Creative Playground at Barber Street Sports Complex Except Swing Set Area For Necessary Repairs and Replacements (City Manager Transmittal 873/00) The City Manager read the consent agenda and the City Attorney read Resolution Nos. R-00-41 and R-00-42 by title. MOTION by I move to approve consent agenda items A, B, C, D and E. 4 00.042 49-82 12. PUBLIC HEARING Procedures for public hearings: (R-99-21) · Mayor Opens Hearing · Attorney Reads Ordinance or Resolution . Staff PresentaUon · Public Input - Limit of Ten Minutes Per Speaker · Staff Summation · Mayor Closes Heating · Council Action Anyone Wishing to Speak is Asked to Sign Up before the Meeting, When Called go to the Podium and State His or Her Name for the Record Ordinance No, O-00-!7 - Budget Amendment - Second Read, ipg and Final Adoption (Finance Director Tra~srr~a] 8/3/00. O-O0-17, 3rd Qtr Budget Review Memo~ 3rd Qtr Income Statement. Project Stat~f~ ~eports. Investment Summary a~_o~ ~/¢~)~)O) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1999 AND ENDING SEPTEMBER 30, 2000 AS PROVIDED FOR IN EXHIBIT "A"; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (1st Reading 7/26/00, Legal Ad 7/28/00, PH 8/9/00) Mayor Barnes opened the public hearing at The City Attorney read Ordinance No. O-00-17 by title. Mayor Barnes closed the public hearing at MOTION by I move to adopt Ordinance O-00-17, amending the Fiscal Year 2000 budget for the General Fund, Local Option Gas Tax Fund, Capital Projects, and Airport Fund. 13. 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 14. C OM MI~L-TEF._ I:~EPO RTS/R ECO MM I~N_DATIONS 00.173/ 99,223 15. 16. OLD BUSINESS - None ~EW BUSINESS A. Authorize CityJ~.aqager to Execute Cost ,~bare Agreement with St~ Johns River Water Manageme~ District for_D~velopment of Comj:Ln.u.riity Stormwater Manaqerrlent Plan ($100,000) (City Manaoer Transmittal 7/27/00. Agreement) MOTION by I move to authorize the City Manager to execute the Cost Share Agreement between the St. Johns River Water Management District and the City of Sebastian, governing the development of the community's master stormwater management plan as well as contributing $100,000 towards the effort. 00.187/ 99.182 Authorize CitY Manager to Execute Grant A(]reemeQt with Department of Environmental Protection/ Florida Recreation pevelopment Assistance Pro(~ram(FRDAP) for Improvements to Barber Street Sport8 CorrtElCX (Funding Not to Exceed $150,000) (~ity Manager Transmittal 7/31/00, GrarT~. Aqr~emen~J MOTION by I move to authorize the City Manager to execute the Grant Agreement between the City of Sebastian and the Florida Recreation Development Assistance Program for improvements to the Barber Street Sports Complex. First Reading of Ordinance No. O-00-18 - Abandon Old Barber Street Right-of-Way - Set Public Hearing for 8/23/00 (City Attomey Transmittal 8/3/00. 0-00-18) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ABANDONING RIGHT- OF-WAY FOR FORMER ALIGNMENT OF BARBER STREET AT INTERSECTION WITH U.S. HIGHWAY 1; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. O-00-18 by title, MOTION by I move to pass Ordinance O-00-18 on first reading and set public hearing for second reading on August 23, 2000, 00,156 First Reading of Ordinance No, O-_00-1_9 - Amending Parking Ordinance - Set Public Hearing for 9/13/00 ( CityA~@me_v Transmittal 8/3/00. 0-00-19) AN ORDINANCE OF THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 98 TRAFFIC AND VEHICLES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. O-00-19 by title. ]0 00.~48 So First Readil3.g of Ordinance N.g, o-00-20 - Amending Park Use Ordinance - Set. Public Hearing for 9/13/00 (City Attorney Transmittal 8/3/00, 0-00- AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING ARTICLE I, CHAPTER 74 OF THE CODE OF ORDINANCES, PARKS AND RECREATION - IN GENERAL; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. O*00-20 by title, 17. 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) ]] CITY COUNCIL MEETING DATE: ITEM NO. ROLL CALL MOTION Mayor Barnes Mr. Barczyk '~ Mr. Majcher / Mr. Hill j ITEM NO. ROLL CALL Mr. Barczyk Mr. Majcher Mr. HillBarnes~./~ Mayor MOTION ITEM NO. J~OLL CALL 3 Mr. Majcher ~'' Mr. Hill Mayor Barnes Mr. Bishop MOTION /~ ~),.]~ECON D SECOND SECOND ITEM NO. ROLL CALL 4 Mr. Majcher Mr. Hill Mayor Barnes ITEM NO. ROLL CALL 5 Mr. Hill Mayor Barnes Mr. Barczyk Mr. Majcher--~ MOTION SECOND SECOND CITY COUNCIL MEETING DATE: ITEM NO. ROLL CALL 1 Mayor Barnes Mr. Bishop Mr. Barczyk Mr. Majcher Mr. Hill MOTION SECOND ITEM NO. ROLL CALL 2 Mr. Barczyk Mr. Majcher Mr. Hill Mayor Barnes '"--" ITEM NO. ROLL CALL 3 Mr. Barczyk Mr. Majcher Mr. Hill Mayor Barnes Mr. Bishop MOTION MOTION ~/ SECOND SECOND ITEM NO. ROLL CALL 4 Mr. Majcher Mr. Hill Mayor Barnes Mr. Bishop Mr. Barczyk MOTION 03 - oo-2,0 SECOND ITEM NO. ROLL CALL 5 MOTION SECOND Mr. Hill Mayor Barnes Mr. Bishop Mr. Barczyk Mr. Majcher CITY COUNCIL MEETING DATE: ITEM NO. MOTION SECOND ROLL CALL 1 Mayor Barnes Mr. Bishop Mr. Barczyk Mr. Majcher Mr. Hill ITEM NO. ROLL GALL 2 Mr. Bishop Mr. Barczyk Mr. Majcher Mr. Hill Mayor Barnes MOTION SECOND iTEM NO. ROLL CALL 3 MOTION SECOND Mr. Barczyk Mr. Majcher Mr. Hill Mayor Barnes Mr. Bishop ITEM NO. ROLL CALL 4 MOTION SECOND Mr. Majcher Mr. Hill Mayor Barnes Mr. Bishop Mr. Barczyk ITEM NO. ROI,,L CALL MOTION SECOND Mr. Hill Mayor Barnes Mr. Bishop Mr. Barczyk Mr. Majcher ACTION LIST THE FOLLOWING IS A LIST OF ACTIONS TAKEN AND/OR DIRECTIONS GIVEN AT THE 8/9/00 REGULAR 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 City Manager, City Attorney, Purchasing and all other department heads 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 backup files. 00,075 00.173 00.174 00.175 00.176 Presentation of Certifice~te of Appreciation - Harry Thomas - Former Metropolitan PJant3ina Organization Citizen Advisory Committee Member - 1993 Throuclh 2000 - presented copy to liaison folder in CITY COUNCIL Presentations - PLLLbli0 Works Director. Terry Hill EffortsJr~_plemented as Outlined in 1996 Craven Thompson_ Study - St. Johns River Water MaQa.qement District Representative - presentations only start file - 2000 Stormwater Master Plan - file DRAINAGE add to \wp-files~stormwat.wpd ~kP. OfgY~l of Minutes - 7/19/00 Wo[k,~hQp, 7/26~00 Regular Meeting - approved sign, seal - place in book with any designated backup .Resolution No. R-00-41 ~ Vacatiorj of Easement - Mackenzie ~ Lots 9 & 10, Block 154. SM ~ - adopted sign, seal res - copy to file, counter, GMD (Jan) record original (see manual) when returned - blueback original - file vault 2000 ORIG RES file backup in vault - VACATION OF EASEMENT update \wp-res\r-00.wpd as to adopted date Resolution No. R-00-4_2_- Vacation of Easement - Wilhite - Lots 28 & 29, Block 16;~, SH Unit5 -adopted sign, seal res - copy to file, counter, GMD (Jan) record original (see manual) when returned - blueback original - file vault 2000 ORIG RES file backup in vault - VACATION OF EASEMENT update \wp-res\r-00.wpd as to adopted date Pelica_n Is_land Preservation Society_ Use of Riverview Park with ElectriciW for Pelican Island Wildlife Festival t9 Commemorate the 98th Anniversa~ of Pelican Island Wilq[[i~e Refuge - 3/11/00 - 10 am to 4 prg - approved copy minutes to file letter to PIPS notify PD and PW of council approval file PARKS - Riverview use of 00.177 00.042 00.173 00.187 00,150 00.156 ~pprove Temporarily Closing Creative Playground at Barber Street Sports Complex Except Swing Set Area For Necessary Repairs and Replacements - staff directed to bring back recommendation to proceed with repair at this time create new file - copy minutes to file file pending credenza Ordinance No, O-00-17 - Budget Amendment - Second Reading and Final Adoption - adopted w/minor amendment obtain amended exhibit A from Mark sign, seal - copy to file, counter, Finance blueback original - file vault - 2000 ORIGORD file backup in vault- FINANCE - 2000 FY Budget note location on sheet filed in ORD BACKUP update \wp-ord\o-00.wpd as to adopted date Authorize C_iJ;~Manager to Execute Cost{ Share Agreement with St. Johns River Water Management District for Development oI Community Stormwater Management Plan ($100,000) - approved I copy minutes to file Jean to administer execution of agreement and provide one original to us file backup in vault - AGREEMENTS - State of Florida - SJRWMD add to \wp-files\agreemen.wpd Authorize City Manager to Execute Graft Agreement with Department of Environmental ProtectigP./_Fl0rida Recreation Development Assistance Program (FRDAP)for Improvements to Barber Street Sports Complex (Fundincl N. gt to I~X_cged $150,000.) - approved I copy minutes to file Jean to administer execution of agreembnt and provide one original to us file backup in vault - AGREEMENTS - State of Florida - DEP add to \wp-files\agreemen,wpd First Reading of Ordinance No~_O-00-18~- Abandon Old Barber Street Right-of-Way - Set Public Hearing for 8/23/00 - approved qn 1st reading - ph 8~23~00 advertise in 8/11/00 legal notices for 8/2t3/00 hearing (done) file pending credenza JCir~.t Reading of Ordinance No. O-00-19 - Amending PaEk~g OJ'diqa.~ce - Hearing for 9/13/00 - City Attorney to redraft ordinance to prohibit parking in swales subject to future modification to accommodate parties and people with legitimate need to park in swale copy minutes to file file pending credenza 2 00.148 First Readina of Ordinance No, O-00-20 - Amendina Park Use Ordinance - Set Public Hearing for 9/13/00 - approved on 1st reading w/minor amendment - ph 9/13/00 obtain amended page from City Attorney advertise in 8/30/00 legal notices for 9/13/00 hearing (done) file pending credenza 00.179 Resolution No. R:00-44 - Clarity CRA Boundaries - added to agenda and adopted sign, seal -copy to file, counter, Finance what effect does this have on other CDBG descriptions?? is any further notice required?? blue back original - file vault 2000 ORIG ORD file backup in vault - AGREEMENTS - State of Florida - DCA - CDBG with O-95-08 backup update \wp-res\r-00.wpd as to adopted date 00.180 City Attorney Attendance at Enyjl'gnmental Land U.~e Law Sectiqr] of Bar confe['~nce - added to agenda and approved create file - copy minutes to file file vault- TRAVEL Barczyk review city committees not currently active HOI~IE OF PELICAN ISLAND DATE: TO: FROM: RE: MEMORANDUM August 9, 2000 Mayor Barnes and City Council Members Kathryn M. O'Halloran ~J. O,~ City Clerk Vice Mayor Bishop - Excused Absence from 8/9/00 Regular Meeting Vice Mayor Bishop is unable to attend the 8/9/00 Regular City Council Meeting and has requested an excused absence. Sam cc: City Manager, Terrence Moore City Attorney, Rich Stringer tlFFICE tlF Tile CITY MEMORANDUM To~ From: Date: Re: City Council ~(¢~ Rich Stringer, City Attorney August 7, 2000 Resolution R-00-44 In compiling the data to effect the tax increment financing of the Community Redevelopment Agency, we were asked by the Property Appraiser's Office to clarify the boundary of the CRA. In that process it was noted that the boundaries passed through some tax parcels, which creates some administration problems. Our options would be to include all such dissected parcels or exclude them. Since the line catches a piece of the new Wal-Mart, and that is just too large an amount to devote to the CRA, it was determined that the preferable method would be exclusion of the partial parcels (say that three times real fast!). This is forwarded on an expedited basis because the final figures from the TIF revenues are needed for budgetary purposes. CC: City Clerk City Manager Director of Finance RESOLUTION NO. R-00-44 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, CLAR.WYING COMMUNITY REDEVELOPMENT DISTRICT BOUNDARIES FOR PURPOSES OF FINANCING COMMUNITY REDEVELOPMENT TRUST FUND; PROVIDING FOR CONFLICTS HEREWITH; PROVIDiNG FOR EFFECTIVE DATE. WHEREAS, pursuant to Resolution R-95-12 the City Council of the City of Sebastian established the Sebastian Community Redevelopment District; and WHEREAS, the legal description contained in said Resolution, when read in conjunction with the legislative history thereto, indicates a northern boundary that gives no regard to keeping individual parcels intact; and WHEREAS, the division of individual tax parcels renders administration of the tax increment financing of the Community Redevelopment Trust Fund pursuant to City Code section 78-30 impractical. NOW TIIEREFORE, BE IT RESOLVED BY TIlE COUNCIL OF TIlE CITY OF SEBASTIAN, as follows: Section 1. For purposes of the tax increment financing mechanism for the Community Redevelopment Trust Fund pursuant to City Code section 78-30, any tax parcel of land within the city limits that is dissected by the boundaries of the Community Redevelopment District under Resolution R-95-12 shall be deemed excluded from said District. Section 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith, are hereby repealed. Section 3. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption and shall be applied retroactively to March 22, 1995.. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ben A. Bishop Councilmember Joe Barczyk Councilmember James Hill Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Resolution duly passed and adopted this 9th day of August, 2000. CITY OF SEBASTIAN, FLORIDA and, upon being put into a ATTEST: By: Mayor Walter Barnes Kathryn M. O'Halloran, MMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, AUGUST 9, 2000 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA .ALI AGENDA ITEMS MA Y BE.INSPECTED IN THE OFFICE OF THE CITY CLERK . 1226 MAIN STREET, SEBASTIAN, FLORIDA Individuals will address the Cfly Council with respect to agenda items immediately before deliberation of the item by the City Council- lime often minutes par speaker (R-SE.21) 1. CALL TO ORDER · PLEDGE OF ALLEGIANCE INVOCATION/MOMENT OF SILENCE ROLL CALL ~GENDA MODIFICATIONS (ADDITIONS AND/OJ~ DELETIONS_) · Items not on the written agenda/ney be ec~ded only upon. a majority vote of City Council member~ (R-99-21) PROCLAMATIONS, ANNOUNCEMENTS AND/OR PRESENTATIONS 00.075 00.173A A. Presentation of Certificate of Appreciation - Harry Thomas - Former Metropolitan Planning Organization Citizen Advisory Committee Member - 1993 Through 2000 B. Presentations · Public Works Director, Terry Hill - Efforts Implemented as Outlined in 1996 Craven ThOmpson Study · St. Johns River Water Management District Representative _CITY A'I-rORNEY MA'I--/ER~ CITY MANAGER MATTERS ~:ITY CLERK MATTERS 10, CI'{'Y COU NCILMA'I"~ERS A. Mr. Hill B. Mr. Majcher C. ·Mayor Barnes .C. Vice Mayor Bishop D. Mr. Barczyk 1-12 00. f 74 13-2B .00. f75 29-44 O0. f?6 45-46. 00.177 47 00.042 4~.82 11. 12. 13. CONSENT AGENDA All itsrr= o~ the consent agenda em considered rou~ne and wi~ be enacted by one motion. Them will be n~ separate discussion of (=o/~sont agenda items unless · member of City Council so requests; in which event, the/tern w/il be removed end acted upon separately. Approval of Minutes - 7/19/00 WorkshoP, 7/26100 Regular Meeting Resolution No, R-00-41 - Vacation of Ea (Growth Management Departmeqt Tran~ ReoorLUtility Letters.) A RESOLUTION OF THE CITY OF SEBAS'I EASEMENTS OVER LOTS 28 AND 29, BL CONFLICTS HEREWITH; PROVIDING FOR Resol[jtion N~ R-0{~-42- ~./acation of Ea /Growth Management Department'Tran~ lament -Mackenzie - J-ets 9 & 10, Block 154. SH Unit 5 ~ittal 7/31~00~R-00-41, Ap.I;)licaflo[~. Site Mai3. Staf~ 'lAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN - :)CK 154, SEBASTIAN HIGHLANDS UNIT 5; PROVIDING FOR RECORDING; PROVIDING FOR AN EFFECTIVE DATE. ~ement - Wilhi~e ~ Lots 28 & ~9, Block 162. SH Unit 5 :mittal 7/31/00, R.00-41. Aoolication. Site Map, Staff Report. UtilityJ. etter~3 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ·VACATING CERTAIN EASEMENTS OVER LOTS 9 & 10, SLOCK 162, SEBASTIAN HIGHLANDS'UNIT 5; PROVIDING FOR CONFLICTS HEREWITH; PROV!DING FORRECORDINGI PROVIDING FOR AN EFFECTIVE DATE. Pelican Island Preservation Society Use bf Riverview Park with Electricity for Pelican Island Wildlife 'Festival .to Commemorate the 98th AnniVersary of Pelican island Wildlife Refuge - 3/11/00 - 10 am to 4.pm (city.Manager Transmittal 8/1/00, PIPS Letter) ' Approve Temporarily Closing Creative P ayground at Barber Street Sports Complex Except Swing Set Area For Necessary Repairs and Re ~lacements (City Manager Transmittal 8/3/00) · 'puBJ. IC HEARING F~rocedures f=r publi~ hee~fngs: (R-99.21) Meyer Opens Heo~fng · Attorney Reeds Ordinance or I~eseluflen · ~"taffPresentation · Pubic Input- Urnit of Tan Minutes Per Speaker · ~teff Summation · Mayi~r. Closes Has/trig · Ccundl Action Anyone Wishing to Speak Is Asked to Sigt~ Up before the MoOing, When Called go to the Podium end ,~tate His er Her Name for the Record Ac Ordinance No. O-00-17 - Bud_get Amenc~ment - Second_Readil3.g and Final Adol3tion fF~nance Director Transmittal 873/00~ O.O0.17, 3rd Qz~ Budoet Review Memo~ 3rd Qtr Il)come Statement, project Status Reports., Investment Sure,nary AN ORDINANCE OF THE CITY COUNCIL OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING AN AMENDED BUDGET FOR TI-E FISCAL YEAR BEGINNING OCTOBER 1, 1999 AND ENDING SEPTEMBER 30, 2000 AS PROVIDED FOR iN EXHIBIT"A"; .PROVIDING FOR SEVERABILITY; PROVIDING FOR' CONFLICTS;AND PROVIDING FOR AN EFFECTIVE DATE. (1st Reading 7/26/00., Legal Ad 7/2B100, PH B/e/co) INTRODUCTION OF NEW BUSINESS FROM Item that has occurred or was discovered within the up required-/knit often minutes for each speaker liE PUBLIC ,evicus six months which is not otherwise on the agenda - sign- 2 14. COM Mi'I-rE[E REPORTS/RECOMMENDATIONS lS. O[,D BUSINES~ - None 16. NEW BUSINESS 00.173/ 99.223 83-98 Authorize City Manager to Execute Cost Share Agreement with St, Johns River Water Management Distdct for Development of Community Stormwater Management Plan ($100,000) (City Manager Transmittal 7/27/00, Agreement) 00.187/ 99.182 99-116 Authorize City Manager to Execute Grant Agreement with Department of Environmental Protection/ Florida Recreation Development Assistance Program (FRDAP) for Improvements to Barber Street Sports Complex (Funding Not to. Exceed $150,1:)00) (City Manager Transmittal 7/31/00, Grant Agreement) 00.150 C. 117-121 First Reading_of Ordinanceflqo~-00-~ 8 - Abandon Old B[~j'ber Street R. ioht-of*Way - Set Public Hearinq for 8J23/00 (Citv Attorney Transmi#al 8/3/00_, 0-00-18) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ABANDONING RIGHT- OF-WAY FOR .FORMER.ALiGNMENT OF BARBER STREET AT INTERSECTION WITH U.S. HIGHWAY 1; PROVIDING FOR. CONFLICT.; PROVIDING. FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 00.156 D. 123-126 FJL'st Readino of Ordit~ance No. O-00-t 9 - Artser~di0.g Parkirl.g_Ordinance - Set Public Hearjno for 9/13/00 (City Attorne_y Transmittal ~/3/Oq 0-00-19~ AN 'ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 98 TRAFFIC AND VEHICLES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. 00.148 E. 127-138 Fi[st Reading of Ordinance No, O-00-20 - Amendinq Park Use Ordinance - Set Public Hearino for 9/13/O0_{Citv Attorne v Trarl~mittal 8/'3/00. 0-00-19.) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING ARTICLE !, CHAPTER 74 OF THE CODE OF ORDINANCES, PARKS AND RECREATION - IN GENERAL; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. 17. ADJ OU RN (All rneeJings shall adjourn at ~ 0:30 p.m. unless extended for up to one half hour bS/ · majority vote of Cit~/ Council) ANY PERSOlV WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED A T THIS MEETING (OR HEARING) WIlL NEED A 'RECORD OF THE PROCEEDINGS AND MA Y NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD.INCLUDES THE TESTIMONY AND EVIDENCE UPON WI-JlCH THE APPEAL 13 TO BE HEARD. (286.0105 F.$j IN COMPLIANCE WITH THEAMERiCAN$ WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS ~EETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 559.5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Hearing Assistance Headphones are Available In the Council Chambers for all Government Meetings. Uncornina Mee~t~qs: o Budget Workshop- Wednesday, 8/16430.7 pm · Regular Meeting. Wednesday, 8/23/2000.7 pm · Budget Workshop. Wednesday, t~30/00.7 pm · 'RegularMeati~g- Wednesday, 9/13/2000.7.pm · RegularMae#ng - Wednesday, 9/27/2000' 7 pm. SEBASTIAN CITY COUNCIL WORKSHOP MINUTES WEDNESDAY, JULY 19, 2000 -7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Barnes called the Workshop to order at 7:00 p.m. The Pledge of Allegiance was recited. 00.156 ROLL CALl.. City Council Present: Mayor Walter Barnes Vice Mayor Ben A. Bishop Mr. Joe Barczyk Mr. Edward J. Majcher, Jr. Mr. James Hill Staff present: city Manager, Terrence Moore City Attorney, Rich Stringer Chief of Police, Randy White Deputy City Clerk, Sally Maio Information Specialist, Ann Rousseau WORKSHOP ITEMS Parking in Swales (Chapter 98 - Traffic and Vehicles. Resolution No. R-00-20 - Code Enforcement Citation Fees) The City Manager briefly explained that the workshop had been called for Council to address public concerns regarding parking in swales, which has recently begun to be regulated by means of the citation process. Mayor Barnes .recommended that public input be allowed prior to Council deliberation and Council concurred. ~ City Council Workshop July 19, 2000 Page Two The following individuals addressed City Council: · Tut Connelly, (distn'buteddocurnentation) urged restraint in over regulation · Larry (inaudible), 337 Brookedge Terrace, expressed concern for damage to swales and suggested curbs and blacktopped swales (distributedphoto~) · Sal Neglia, discussed liability issues when residents clean swales and recommended that more frequent swale cleaning be undertaken by the City · Louise Kautenberg, urged that!residents' parking needs be taken into account when addressing drainage concerns! · Marty (inaudible), Newhall Terlace, inquired where residents should park when they have multiple vehicles Chief White cited conflicting regulations[ in the current code, gave a presentation of dissimilar swale conditions throughout the city. , City Council discussion followed relativ~ to the need for a solution to damage to swales, the ability of staff to post no parking signs in certain locations that are being damaged, holding individuals responsible for damage to their swales and the need for a long term solution to city drainage problems beyond prohibiting parking. The City Attorney said that people park in front of empty lots which are not their own and that technically it is city right-of-way, and that vehicles can cause deep ruts which can obliterate swales, The City Manager stated that funds have been spent in FY 1999, :2000, and funding is planned for FY 2001. He said he will be coming back with a proposal in the coming weeks relative to working with St. Johns River Water Management District to come up with recommendations for financing and to establish a long term stormwater master plan. TAPE I- SIDE 11.(7:48 p.m.) City Council discussion continued on the possibility of grants available for piping, the grant recently awarded to Palm Bay, drainage systems in Melbourne and the proposed $22 million dollar project underway in Port St. Lucie. The City Manager reiterated hewould report on proposed stormwater issues in his next newsletter and that.it is his intention to bring recommendations to Council regarding the stormwater planning process. ~ Chief.White asked Council if it wanted tp keep the prohibition regarding parking overnight and parking on shoulders of the road; or, to ~llow parking on the shoulder If it doesn't affect the swale. Sal. Neglia and Tut Connelly again add!e~sed Council. Following further discussion on the forr~er Craven Thompson Stormwater Master Plan and assurance by the City Manager that he Will report on stormwater issues in his next newsletter and has 'invited St. Johns River Water Management District representatives to address Council, Mayor Barnes summarized as follows: "We decided to change the ordinance to permit parking on the shoulders, the road, not on the medianS, and get rid of that 2 to 6, the overnight parking." It was clarified that shoulder means that area ~from the edge of the road into the property and not the road itself. 2 City Council Workshop July 19, 2000 Page Three Approved at the The City Attorney stated he would need to clarify that driving onto the shoulder would be intended as a moving violation rather than a parking violation. The Chief said not all shoulders would be opened up for parking, because there are some areas that parking still needs to be prohibited. The Chief of Police and City Attorney were directed to meet and come up with appropriate language and forward it to Council when prepared. Discussion then took place on citation Resolution No. R-00-20. The City Manager stated that staff had inadvertently presented the citation fees to Council as $25, $50 and $100 rather than the $25, $50 and $200 as recommended by the Code Enforcement Board. City Council directed the City Attorney to amend the resolution to reflect a $200 Class III fee and bring it back for approval. Being no further business, Mayor Barnes adjourned the workshop at 8:30 p.m. ,2000 Regular City Council Meeting. Walter Barnes Mayor Kathryn M. O'Halloran, MMC City Clerk SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JULY 26, 2000 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Barnes called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. Invocation was given by Frank Camillo - Police Chaplain and First Baptist Church of Barefoot Bay 4. .ROLL CALL City Council Pr~esent: Mayor Walter Barnes Vice Mayor Ben A. Bishop Mr. Joe Barczyk Mr. Edward J. Majcher, Jr. Mr. James Hill Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer Finance Director, Mark Mason Chief of Police, Randy White Public Works Director, Terry Hill Deputy City Clerk, Sally Maio Information' Specialist, Ann Rousseau Regular City Council Meeting July 26, 2000 Page Two AGENDA MODIFICATIONS {ADDITIONS AND/OR DELETIONS) Items not on the wdtten agenda may be added only ~pon a rnajodty vote of City Council members (R-99-21) 00.006 The City Manager requested addition of an item publish the new Land Development Code at a c~ MOTION by BarczykJBarnes "1 make a recommendation to put it in." ROLL CALL: Mayor Barnes Mr. Bishop Mr, Barczyk 'Mr. Majcher Mr. Hill MOTION CARRIED 5-0 relative to approval for Municipal Code Corporation to )st of approximately $9,045, under New Business Item - aye - aye - aye . aye - aye EROCJ..AMATION$, ANNOUNC_IE[MENTS ANDIOJ~_ PRESENTATIONS A. Presentation of Certificates to Former B~ard of Adj~tment Members Greg GQr_e and Keith Miller 00.169 Mayor Barnes presented a Certificates of Appreciation to'Mr. Miller. Mr. Gore was not present. George Gerhold had been invited to attend for presentation of a Certificate of Appreciation for his service on Planning and Zoning but was not present. Sebastian River Area Chamber of Corq erce - "Concerts in the Park" (Perez Letter) Beth Perez, Director for the Chamber o~ Commerce, recommended a partnership with the City to establish "Concerts in the Park". She re,quested the dates of August 24, September 14, and October 12, 2000 for this .year's events. The City'Manager said he had met withChamber members to discuss a regular "Concert in the Park' Series, perhaps one per month, and said the Chamber was seeking funds from the pdvate sector and a financial commitment fromlthe City. He suggested $500 for this year's concertsedes and then budgeting for future concerts. MOTION by BarczykJHill "1 make a motion that we allocate $1000 to get the Concert in the Park rolling." Following discussion .of different amounls and clarification that the $1000 is for the initial series, roll call was as follows: / ROLL CALL: MOTION CARRIED 5-0 Mr. Bishop Mr. Barczyk Mr. Majcher Mr. Hill Mayor Barnes - aye - aye - aye - aye - aye Regular City Council Meeting July 26, 2000 Page Three 00.093 00.148 00.128 00.15~ 10. CITY ATTORNEY I~ATTERS A, Reports: (No Backup) 1. Amendl~ep~: 11o Citation Resolution - Class iii Offense to $200 The City Attorney reported he will bring back the revised citation, resolution when the revised parking ordinance is prepared. 2. Proposed Park I~se Ordinance The City Attorney advised he is waiting for comments from three Council members. Mayor Barnes suggested all comments be subm~ed by August 2, 2000. 3. Proposed Amendmej3t ~o Water Restriction The City Attorney recommended that since it is Council's wish to change the year round restriction to three day odd/even like the current emergency restriction now reads, and the emergency restriction is currently in effect; that Council wait until it decides what the provisions of the revised year round restriction will be and amend the existing ordinance all at once. CITY MANAGER MATTERS A. Revised Policy for Tree Removal in City Canals (No Backup) The City Manager reported he has met with representatives of University of Florida Agricultural Extension Sen/ice and the US Department of Agriculture to determine a method that best meets the City's needs and that he will report back to Council. CITY CLERK MATI'ERS None. CITY COUNCIL ~IATTERS A. ~r, Barczy~ , Discussed concerns expressed by citizens at the Open House relative to confusion over the water restriction and recommendation not to change ordinance to allow parking in swales. B. Mr. Hill None. Regular City Council Meeting July 26, 2000 Page Four 00.075 ~r. Majcher · Discussed concern expressed bY a resident that cleats and fenders had not yet been installed at the Yacht Club pier~ The City Manager said he will provide an update. Mayor Barnes 1, Accept Harry Thomas' Resignation from Metropolitan Pl~nin~ Orgaj3jzation Citizen Adyisory Comm~lee an~ A~r_m_M.ayor's New Citizen Representative Appointee (_Citj, Clerk Transmittal 7/19100~ Thomas Letter. IRC Commission MiEutes 4/12/00) Mayor Barnes.noted Mr. Thomas' resignation and commended him for his long years of service to the City. He then nominated Herbert Munsart as the MPO Citizen Committee member and the City Council concurred. Other Matters AdviSed Council that the City Manager's performance appraisals are due Commended the Public Works Department Reported on an offer from Clark Ohlmsted to the City regarding the Bealls' Outlet building and adjacent parking lot Vice Mayor Bis~_op · 'Received an update from the I~ublic Works Director relative to a letter from a Grandin Avenue resident 00.~70 11. CON~ENT AGENDA All items on the consent agenda ere considered rou#ne ~nd will be enacted by one rno~fon. There will be no separate dscussion of consent agenda items unless a member of City CounCil so requests; in which event, the item will be removed and acted upon separately. A. ' Approval of Minutes - 7/12/00 Regular Meeting B. Resol~on No. R-00-39 - Authorize City I~la[~ger to Ao..ply for Nomination of Old Schoolhouse Buildino ~to be Listed on National Recfist[y for HiStorical Places (City Manager Transmittal. R-00-39.) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY TO TH E DEPARTMENT OF STATE, BUREAU OF HISTORIC PRESERVATION, FOR. NOMINATION OF THE OLD SEBASTIAN ELEMENTARY SCHOOL/CITY HALL TO THE NATIONAL REGISTER OF HISTORIC PLACES; PROVIDING FORI CONFLICT; PROVIDING FOR EFFECTIVE DATE. The Mayor read the consent agenda arid the City Attorney read Resolution No. R-00-39 by title. Mr. Hill removed item B for discussion. 4 Regular City Council Meeting July 26, 2000 Page Five MOTION by Majcher/Bishop "1 make a motion to approve the consent agenda item A." ROLL CALL: Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye MOTION CARRIED 5-0 [terp B- Resolution No. R-00-39 Discussion took place on Mr. Hill's question on whether the existing City Hall will be renovated for continued use as a City Hall facility or construction of a new City Hall is being considered. The City Manager explained that both options are open and in the event of either outcome, the historic designation should still be pursued for the purpose of restoration and renovation of the building. MOTION by Hill/Barczyk "1 move to approve item B." ROLL CALL: Mr, Majchar - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye MOTION CARRIED 5-0 12. 13. PUBLIC HEARING - 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 Jane Barczyk, 75th Anniversary Committee, 'commended all those involved in the successful City Hall Open House on July 26, 2000. TAPE I- SIDE II (7:47 p.m.) Keith Miller, 961 Riviera Avenue, Sebastian, expressed concern for allowing vehicles to park in swales after the City spending so much money on swale restoration. 14. COMI~ITTEE REPORTS/RECOMMENDATIONS 00.005 A. 75th Anniversar~ Committee (City Clerk Transmittal. Davis Letter. 1/12/00 Minutes Excerpt) 1. Accept Adrina Davis' ResLanation w/Re.aret 2. Affirm Mayor Barnes' Appoint.[nent - Term to Ex, ire 12/31/00 Regular City Council Meeting July 26, 2000 Page Six MOTION by BarczykJBishop "1 recommend that we accept Mr. Davis' letter of resignation from the 75th Anniversary Committee." 00.007 ROLL CALL: Mr. Hill Mayor Barnes Mr. Bishop Mr. BarczYk Mr. Majcher MOTION CARRIED 5-0 - aye - aye - aye - aye - aye Mayor Barnes appointed Charles Cardi~iale to the unexpired term to 12/31/00 and City Council concurred with the appointment. ' Pla_nrting and Zoning Commission (City Clerk Transmittal 7L17/00~2 Apolioatio~s, Member List. AR 1. Interview., Uqless Waived, and AD_poin,t Ope Regular Member with Term to Expire 6/1/'2003 15. 16. City Council briefly interviewed alternate members Jean Carbano and Richard Smith. MOTION by Bishop/Barczyk | ' "Only because of the term to expire dates, I would .recommend then the appointment of Richard Smith to fill the vacant position 0n Planning and Zoning, vacated by George Gerhold, term to expire 611/2003. ROLL CALL: MOTION CARRIED 5-0 OLD BUSINESS ~ None NEW BU,~INESS Mayor Barnes Mr. Bishop Mr. Barczyk Mr. Majcher Mr. Hill - aye - aye - aye - aye - aye 00.171 Award City_L-lQ[LRe-R;oofing Bid to The F~oof Authority, Inc, ir] the Amount ~ $38.900 and Authorize Executio_r~ of Coq~ract .(Purchasing Tranbmtttal. Bid Tabulation, SJ3ecial Conditior~ and TechDical Specs) Following input from the C~ Manager ~nd Public Works Director on the uniqueness of this project, and City Council discussion relative to cbncern that there was only one bid, motion was made as follows. MOTION by Bishop/Majcher "1'11 move to award the City Hall Ireroofing bid to the Roofing Authority in the amount of $38,900 and authorize staff to enter into the agreement for same." Regular City Council Meeting July 26, 2000 Page Seven ROLL CALL: Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye MOTION CARRIED 5-0 00.042 First_Reading - Ordinance No. O-00-17 - Budaet Amendment - Sche_duJ_e_ Second Readin(~ and public Hearing for 8/9/00 (Finance Director '['[ansmittal. O-00-17. 3_rd Qtr B~l~J.get Review Memo. 3rd Qtr Income Statement, Project Status Re_ports. Investment Summanj as of 6/30/00) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORID~ ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1999 AND ENDING SEPTEMBER 30, 2000 AS PROVIDED FOR IN EXHIBIT "A"; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. O-00-17 by title. The Finance Director reviewed the amendments and made two minor changes: Growth Management line on circle page 81, which is corrected on page 82, and an increase in Building Maintenance budget and corresponding decrease in the non-departmental budget in the amount of $5985 for the Police Department air conditioning system replacement. Discussion took place on funding for the proposed stormwater master plan study. The City Manager said he will report On stormwater issues in his next newsletter. MOTION by Majcher/Hill "1'11 move to approve Ordinance O-017 amending the fiscal year 2000 budget for the general fund, local option gas tax fund, capital projects and airport fund and set second reading for August 9, 2000 and advertise same," ROLL CALL: Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor. Barnes - aye Mr. Bishop - aye MOTION CARRIED 5-0 00,172 Municipal Cod~ Corporation Publish New Land Development Code in the Approximate Amount of $9,045 (Deputy Clerk Transmittal 7/25/00, MCC Letters, ProcurementForm w/Attachment, Distribution List) MOTION by Hill/Barczyk "1 move to approve authorizing Municipal Code to proceed with the publishing of the new Land Development Code in the approximate amount of $9,045." Regular City Council Meeting July 26, 2000 Page Eight ROLL CALL: MOTION CARRIED 5-0 Mr. Hill ~ aye Mayor Barnesi ~ aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye 17. Being no further business, Mayor Barnes adjourned the Regular Meeting at 8:30 p.m. Approved at the Walter Barnes Mayor ,2000 Re tular City Council Meeting. Kathryn M, O'Halloran, MMC City Clerk Subject: Resolution No. R-00-41 Vacation of Easement - MacKenzie Lots 9 & 10, Block 154, Sebastian Highlands Unit 5 City of Sebastian, Florida Department Ongin: Crrowth M~ment r~ate Submtei: V3~-O0 'fi'f;x: (Ta) Apl~oved Submittal~ '" of: 8-9-00 /~~ For Agenda Exhibits: 1) R-00-41 2) Application 3) Site Ma~p 4) Staff Report EXPENDITURE AMOUNT BUDGETED: REQUIRED: None None 5) Utility Letters APPROPRIATION REQUIRED: None SUMMARY ' This is a request for a vacation of the public utility and drainage easement located on the north five (5) feet of Lot 9 and the south five (5) feet of Lot 10, Block 154, Sebastian Highlands Urrit 5, less the west ten (10) feet thereof. The applicant wishes to construct a single family dwelling on a double lot. RECOMMENDED ACTION Adopt Resolution No. R-00-41. RESOLUTION NO. R-O041 A RESOLUTION OF TI~ CITY 0F SEBASTiA/N~ IND~ RIVER COUNTY, FLORIDA, VACATING CE_--(TAIN EASEMENTS OVER LOTS 9 AND 10, BLOCK 154, SEBASTIAN I:-IGttI,ANDS UNIT 5; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATEi WltEREAS, a buildiag permit is sought for construction of a new single-family residence at 982 Oswego Avenue within the City ~f Sebastian; and WItEREAS, the owner of the land uponi which said impm,vements shall be built has filed a request for abandonment of the public utility and drainage easements along the interior lot lines of the site; and WltEREAS, the providers of telephone, electric, cable, water, and drainage utilities have all consented to abandonment thereof; NOW TItEREFORE, BE IT RESOLVED BY TI-II*~ COUNCIL OF TIlE CITY OF SEBASTIAN, as follows: Section 1. VACATION OF EASEM[ NT. Sebastian does hereby vacate, abolish, abandon and previously dedicated for a public utility and drainage easemem described as follows: The northernmost five (5) feet of Lot 9 and the southernmost five (5) feet of Lot 10, less the westernmost ten (10) feet thereof, all being in Block 154, Sebastian Highlands Unit 5, as recorded in Plat Bool~ 5, Page 102, of the Public Records of indian River County, Florida, all located within the City of Sebastian, Indian River County, Florida. The City Council of the City of discontinue all of that portion of land Section 2. CONFLICT. herewith are hereby repealed. Section 3. RECORDING. records of Indian Pdver County, Florida. Section 4. upon its adoption. The foregoing EFFECTIVE DATE. All resolutions or parts of resolutions in conflict This resolution shall be recorded in the public This resolution shall take effect immediately Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ben A. Bishop Councilmember Joe Barczyk Councilmember James A. Hill Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Resolution duly passed and adopted this CITY OF SEBATiAN, FLORIDA ,2000. day of ATTEST: By: Walter Barnes, Mayor Kattn'yn M. O'Halloran, CMC/AA_E City Clerk Approved as to form and legality for reliance by the City of Sebastian only: City of Sebastian Development Order Application -Applicant (If not owne?, written authorization [notarized) from owner i= requi~.~cl} Name: DOUG A/~D iNGIE MACKENZIE 2050 50th. kV VERO REACH Phone Numl=e~. ( 561 ) 770 ' 2835 E-Mall': FL Permit Al:plie, atien No .... **BUILDER/AGEhrF** AMERON HOMES INC 32960 FAX Number ( ) NONE 589-1299 OWner (If cliff, rant fi.om applicant) Name: SA~E Pt~one Numben ( ) FAX Numben ( ) E-Mai[i IType of permit ~r actlo~ mqueste~l: A~NDO~J~ENT O_F EA~E~E~qT B~WEEN. T~O S~NGLE F~IL~ ~S COPIES OF ALL ~PB, SURV~$, D~NGS, ~C, SHALL BE A~ACNED AND 81/2' ay 11" COP~ES ~F ~Y A~ACHMENTS SHA~ BE INCLUDE~. AmACH ~E~FROPRIA~ SUPPOSAL INFORMATION 982 OSWEGO AF :~C. 9~10 Eio~ ~54 Un~: 5 8u~ivision: S~TIAN HI~LA~S indian River Cou~ parcel ~ 14-51-58-d0002-1540-00010.0 ~ning Cl~lfl~on: ~m Lan~ ~se: ~ing use; Pmpo~d ~: VAC~T L~ F~E .SINGLE F~LY HOME SITE C. D~cflp~on of pmpose~ a~ and ~u~o~ of~e ~u~d pe~ nece~a~J: VACATE E~E~ IN 0~ER T0 C0NS~UCT A SINGLE ~ILY HO~E IN THE q'Em'E~,, OF THE TWO LOZ~ Appmve~t: 0~/'Z7/~7 I RECEIVED BY:- ,,,,¢'''~'-~'' ...J_~le Ne~e: Dna I~-r~it Applfcatl~rl No, Project Personnel: Agent: '~ttE~01V ~0~jFq ~b/C _ Name: '~ANTEL ~ ~0GN~NO ~dre~ P~ne NumDe~*('561 )' '5'89' ' ' 1299 F~ E.MatI: A~rney: Name: NONE Phone Numl3e~, ( E-Mall: Engineer: Nlme: E. Matl; FAX ~uml3er. ( . S~ASTI, AN FL ~,~.978-?$7_7 FAX Numt3ee ,.(.~ 1 ) 589 '13'04 ) 589 '1304 Surveyor: Name: ~ANIEL ~) TALBOTT V PROFESSION_AL .~URVEYOR ~ ~APP~_R Address ' ' 956 22~d kV VERO BEACH FL 3¢960 _ PhaneNum13er:'.('561 ) 589 1299 FAXNum~r, [561 ) 589' 1304 E.Maii: , BE. ING FIRST DUIY ~NQP.~, Ol[~O~'E AND ,~A,y THAT': { AM THE OWNER ,.,..._. I j Revision: - .... Permit Appti~tian Ne. ?he follawin~l is required for all comprehensive plan .mendmen~, zoning .mendmen~ ~ncludJng'~oni~), site plans, condi~onal ~e pe~, special use pe~i~ va~n~es, I~J~ HE'EEBY WAN~. ANY DBJEoTION OR ~EF~N~E I~ ~,Y HA~, DUE T~ ~ OUA~hJUDICiAL ~TURE OP THE PR~EEDIN~ RESUL~NG ~OM ANY BO~D/C~I~ON ~B~ EM~RING ~E CON~UTIQH OR ~E ~HI~ ~TA~ Co~ON WERE ~O~= ~Y SUCH ~ING OR Sworn to and subscribed before me as identification, ~ ~day af ~ ,.~0 . ~ , N,~ta~'~ ~lg~u~ . '~ Seal: A,ap~,ave~: 08,'27~ 7 lD;ve~m~tAt~tic~tian Supplemental Information Easements, vacation of DeScdl~e l:he easement to be vacated (provide a legal description, if possible): E~E~E~ B~EEN LOTS 9 ~ 10 BLOCK 154 SEB~A~ HI~LA~ ~IT 5 Why is this race,on of an easement bei~g request?_ TO CONSTRUCT /~ $2NGLE FAMILY ~ESI~ENCE ON THE ~HE ~0 .LOTS _ AttaCh a survey showing fie location of the property lines, all easements anti all structures on ~he pmpe~y, File Name: $ieesev · ABANDONMENT OF EASEMENT Staff Report Project Name: Property of Doug & Angle MacKenzie Requested Action: Abandonment of the public utility and drainage easement located on the north five (5).feet of Lot 9 and the southl five (5) feet of Lot 10, Block 154, Sebastian Highlands Unit 5, less the west ten (10) feet[ thereof. Project Location: a. Address: b. Legal: Project Owner: 982 Oswego Avenue Lots 9 & 10, Block 15~, Sebastian Highlands Unit 5 a. Name: Doug and Angie MacKenzie b. Address: 2050 50~ Avenue Veto Beach, FL 32960 Project Agent: a. Name: Daniel J. Bro~.auo Ameron Homes, inc. b. Address: P.O. Box 780874 Sebastian, FL 32978 Project Description: a. Narrative of proposed action: Application has been made for abandonment of the public utility and drainage easement platted on the north five (5) feet of Lot 9 and the south five (5) feet of Lot 10, Block 154, Sebastian Highlands Unit 5, less the west ten (10) feet thereof. The owner wishes to construct a single family dwelling on a double lot. b. Zooing: RS-10 c. Future Land Use: d. Existing Land Use: Utilities Comments: LDR Vacant Florida Power & Light: Southern Bell: Charter Communications: Indian River County Utilities: City Engineer (drainage): approved approved approved approved approved Growth Management Director Comments: none Staff Recommendation: Approve Resolution R-00-41 Date JUL. 19. 2008 9: 1BAM BLDG DEPT S~-BASTIAM " MO. 820 P. S ~ I July 10, 2000 i Description of Easement to be abandoned: The public ut/1/ty and drainage easement located on the north fiv~ ($) fe~t of Lot 9 and the south five (5) f~et of Lot 10, Block 154, Seba.~tian Highlands Unit 5, less the we~t ten (10) f~t thereof. UTILITY: APPROVED; ~tr~.' APPROVED/DENIED BY: Pedro Rubiera, ,FP & L DENIED: FAX NO: (561) 489-6266 to: Jm~ King, 'City of Sebasti~, Growth Fax No, (561) 589-2566. Management Depmment BELLSOUTH BellSouth Telecommunications, Inc. , . 3300 Okeechobee Road Room 213 For~ Pierce, FL 34947-455Z Date: 07/12/2000 Jan King 1225 Main St. Sebastian, Fl. 32958 RE: PETITION TO ABANDON/VACATE EASEMENT Gillie C. Greenlief GenerBI Manager-Network Operations Indian River Division 661 468-6670 Fax 561 466-4706 DEAR: Mrs. Jan King, Per your request dated 07/10/2000, BellSouth has nO objection to the abandonment of the utility easement described herein: The public utility and drainage easement located on the north five (5) feet of Lot 9 and the soUth five (5) feet of Lot 10, Block 154, Sebastian Highlands Unit 5, less the west ten (10) feet thereof. We have no facilities w/thin this portion of said utility easemem. For further assistance please contact Mike Hamper at (561) 567-7700. Yours truly, ~, Billie C. Greenlief General Manager cc: Mike Hamper Received Jul-27-00 1e:32am Jt. IL.E?.~8~IO [0:3[Rel Y~ No, ($61) 589-2f66, J1JL. 11.Z000 10:~3AM BLDG DEPT SE~ASTIAM I I I i City of $ebastieu 1225 MA/N STREET 0 SEBASTIAN, FLOKIDA 32955 TELEPHONE (561) 5594537 [2 FAX (56I) $89-2566 H0.738 P.1 REOU~EST FOR AB_&NDON3~ NT OF EASE1VIENT July 10, 2000 D~_~ipfloa of lgasemeai to be abundoned: The public utility md draiuage easement loce~cd on the north five (5) feet of Lot 9 and the south five (5) feet of Lot 10, Bleak 154, Sebastian Highlands U~dt 5, less the west mn (10) feet thereof, UTILITY: City EVer FAX NO: ~89-6209 APPROVED: DENI~D: DAT~: ~'-//' ~ CO~S: Return to: Jm lri~$, City of Sebastian, Crrowth Ma.aagement Department Fax No. (56I) 589-2566. 10: ~;~M ~LL1Q4 D~.~T July 10, 2000 CiV of Sebm~i~'= 1225 MAIN STP~ET 0 $~BASTiAN, FLORIDA 32958 TELEPHONE (561) 589-$$37 OI FAX (561) $g9-2566 I~OUEST FOR ABANDONIViEI~f OF EASEMENT ~eseription of Easemenz to be abandoned: The publio utility aud' drainage easement located on the north five (5) feet of Lot 9 and the south five (5) feet of Lot 10, Block 154, Sebastian Highlands Unit 5, less the west ten (10) feet ~hereof. UTILITY: Steve Doyle, I.tLC. Utilities FAX NO: 770-51'4~ ~BY: ~,NIED: DATE: COMMI~NTS: hn King, City of Sebastian, Growth Fax No. (.5(51) danagemen; Dcpa.rtmea~ City of Sebastian, Florida Subject: Resolution No. R-00-42 Vacation of Easement - Wilhite Lots 28 & 29, Block 162, Sebastian Highlands Unit 5 Exhibits: 1) R-00-42 2) Application EXPENDITURE REQUIRED: None Agenda No. Department Origin: Growth Managte~ent Date Submitted: 7-31-00""~~('~ (Tm For Agenda of: 8-9-00 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 north five (5) feet of Lot 28 and the south five (5) feet of Lot 29, Block 162, Sebastian Highlands Unit 5, less the west ten (10) feet thereof. The applicant wishes to construct a single family dwelling on a double lot. Adopt Resolution No. R-00-42, RECOM3rlENDED ACTION RESOLUTION NO. R-00-42 A RESOLUTION OF TIlE CiTY OF SEBASTIAN, IND~ RIVER COUNTY, FLORB)A, VACATING CERTAIN EASEMENTS OVER LOTS 28 AND 29, BLOCK 162, SEBASTIAN ItlGItLANDS UNIT 5; PROVIDING FOR CONFLICTS I:IEREWITlt; PRovIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. I WB[EREAS, a building permit is sought for construction of a new single-family 1 residence at 910 Roseland Road within the City of ~ebastian; and WltEREAS, the owner of the land upon Which said improvements shall be built has filed a request for abandonment of the public utility.and drainage easements along the interior lot lines of the site; and WItEREAS, the provide.rs of telephone, electric, cable, water, and drainage utilities have all consented to abandonment thereof; NOW THEREFORE, BE IT RESOLVED BY TI-IE COUNCIL OF TIlE CITY O1' 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 northernmost five (5) feet of Lot 28 andlthe southernmost five (5) feet of Lot 29, less the westernmost ten (10) feet thereof, all being in Block 162, Sebastian · Highlands Unit 5, as recorded in Plat Book I' Page 102, .of the Public Records of Indian River County, Florida, ~ all located within the City of Sebastian, Indian River'l County, Florida. Section 2'. CONFLICT. herewith are hereby repealed. Section 3. RECORDING. records of Indian River County, Florida. Section 4. upon its adoption. The foregoing EFFECTIVE DATE. All resolutions or parts of resolutions in conflict This resolution shall be recorded in the public This resolution shall take effect immediately Resolution was moved for adoption by Councilmember The motion was seconded by Couneilmember and, upon being put into a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ben A. Bishop Councilrnember Joe Barczyk Councilmember James A. Hill Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Resolution duly passed and adopted this ,2000. day of CITY OF SEBATIAN, FLORIDA ATTEST: By: Walter Barnes, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich' Stringer, City A2ttomey ., City of Sebastian Development Order Application i I I Applicant (If not owner, written authorization (notarized) from owner is required) Address: Phone Numbe~. (~.,~) .,~--% ~ 3~ ~ ~' FAX Number:, ( ) E-Mail: '" Permit Application No.. I i I- ' Owner (if different from applicant) NAme: Address: Phone Number:. ( . E-Mail: ) FAX Numbec ( ) I! [Type of permit or action requested; PLEASE ~;OMPLETE ONLY THOSE sEcTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU 'ARE REQUESTING. COPIE,~ £ F ALL MAPS, SUR~/EYS, DRAWINGS, ET'C, SHALL BE A~'ACHED AND 81/2" BY '~ 1" COPIES OF ANY A'i'FACHMENTS SHALL BE INCLUDED, ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project's Name (if applicable): IB. Site Information Address: 9'/0 ~.05¢1~.,-,~,., ~..~L' ' ' .Unit: Subdivision: Indian River County Parcel F~ure Land Use: Proposec~ Use: Zoning Classification: Existing U~e: DeScription of proposed activity and purpose of the requested permit ar action (attach extra sheets if RECEIVED BY,: Page ~ of 3 Development ApplicaEon i=71e Name: Doe Permit Applica~an D. Project Personnel: Agent: ~' '";': ' .... '" ........ Phone Number. (,,~gl) ~[~ ~.Z..Z. E-Mail: FAX Number. ( 5"~4 ) ~'~' 5'1 'Z.'~ Attorney: Name: Address Phone Number. ( ) FAX Number. ( ). E-Mail: Engineer:, .~ - Phone Numbe~ (.~¢L) ~ - ~l~ F~ Numbe~ ( E-Mail: Surveyor: Phone Numben (~() E-Mail: i,Z~/~f~.~l~//d~. ]~t ~.~'; ~ ~ ~ , BEING FIRST DULY SWORN, DEPOSE AND SAY ~ J ~EOWNER__ J AM ~E ~GAL REPRESE~A~VE OF THE OWNER OF ~E PROPER~ DESCRIBED WHICH 18 THE SUBJECT ~EE OF APPUCATION, AND T~T A~ THE INFOR~ON, ~PS, gATA AN~OR S~CH~S PRg~ED IN ~IS APPUCA~ON ACCU~TE AND ~UE TO THE ~EST OF ~ ~OWLEDGE AND BEUEF. ~IG~RE DATE AS IDE~FICATION, ~lS jfi ._ DAY OF ~~ PRt~D NAME OF NOTARY I J ~; ~n ~¢,l,/ --~*~ ~ ~OMMISSION NO.J~PI~TION nw proved: 08/27/97 Page 2 of 3 Revision: I I '1 ; ~'~.% K$STEN BRAOY-E'rSEN , ~_~,~-~# EXPIRES: ~camber 14, 2002 I D evelopment Application File Name: Doa Permit Application Ne. Supplemental Information Easements, vacation of I 1. Describe the easement to be vacated (provide. a legal description, if possible): I Why is 'this vacation of an easement being request?. .3. Attach a survey showing the location of the property lines, ali easem.ents and all structures on the properS. fForrn CD-2009 ' Approved: 8/27/gz Revision: Vacation ol' Ea.semen~s I File Name: Sleasev Permit Application No. The following is required for all comprehensive plan amendments, zoning amendment '(including rezoning), site plans, conditional use, permits, special use permits~ variances, exceptions~ andl' appeals. I/WE, __ THE OWNER(S) -- THE LEGAL REPRESENTATI~/E OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SU~ECT OF THIS APP[JCATION, HEREBY AUTHQP.17_.E EACH AND EVERY MEMBER OF THE BOARD/COMMISSION OF THE CFi'Y OF SEBASTIAN (THE 'BOARD"/'COMMISSION") TO PHYSICALLY ENTER UPON THE PROPER'FY AND VIEW THE PROPER'FY IN CONNECTION WITH MY/OUR PENDING A~PLICAT]ON. l/WE HERE'~Y WAIVE ANY OBJECTION OR DEFENSE I/WE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY'BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION .THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY.SUCH ENTERING OR VIEWING. THiS WAIVER AND CONSENT IS I~EING SIGNED BY' ME/US VOLUNTARILY AND NOT As A RESULT OF ANY COERCION APPLIED, OR PROMISES MADE, BY ANY F_~PLOY"EE, AGENT, COHTP~CTQR OR OFFIICIAL OF THE CITY OF SEBASTIAN. ~IGNATURE DATE Swom to and subscdbed before me by .,~,~,~.~:~_ ~ ~~ who is pemonally ~own t~ me or pmdyced as identifi~tio., ~is /~day 0f ¢'Z~ ,~~ Pdnt~ Name of Notaw / ,~i ~ ~ Commission No./~pimtion Seal: Fo~ CD-200~ Approved: 08/27~T Page 3 of 3 Revision: tDevelop~ent ApplicaLion File Name: Don i I I I I ""iF~F~/T]I IJ ~ bl.l.hl.l,I.[.l.~,(,~,l.l,~ ii: ~ ~'t~ ~ ,~ ~-o I .~-,____. ...... ~~, ~ ~ = I --" ............... 1N'_ ..... ~ '-.g' ' i. ~. ~ "'~R' i I , I ~ ~ ~' j; - ~_ ~ ~,~ >-~-~ ~ ~ ~. , I L ABANDONMENT Staff Re Project Name: Property of Charles & Reqnested Action: Abandonment of the l the north five (5) feet of Lot 28 and the sou Sebastian Highlands Unit 5, less the west t~ DF EASEMENT ~ort Brenda Wilhite mblic utility and drainage easement located on th five (5) feet of Lot 29, Block 162, :n (10) feet thereof. Project Location: a. Address: 910 Roseland Road b. Legal: Lots 28 & 29, Block .62, Sebastian Highlands Unit 5 Project Owner: l a. Name: Charles and Betty Wi~tite b. Address: 762 Bayharbor Street Sebastian, FL 3295i Project Agent: , a. Name: Tozzolo Brothers Construction b. Address: 805 Fellsmere Road Sebastian, FL 32958 Project Description: ~ a. Narrative of proposed action: ApplicatiOn has been made for abandonment of the public utility and drainage easement platted On the north five (5) feet of Lot 28 and the south five (5) feet of Lot 29, Block 162, Sebastian Highlands Unit 5, less the west ten (10) feet thereof. The owner wishes to cons~'uct a single family dwelling on a double lot. b. Zoning: RS-10 c. Future Land Use: LDP~ d. Existing Land Use: Vacant Utilities Comments: a. Florida Power & Light: approved b. Southern Bell: approved c. Charter Communications: approved d. Indian River County Utilities: approved e. City Engineer (drainage): approved Growth Management Director Comments:' none Staff'Recommendation: Approve Resolution R-00-42 Date ~-. ' '$? ~.. ~-. / Ci~ of ~~ Foa ~~o~~.o~ ~. July lO, 2000 . . D~scr~tion of~a~em~nt to b~ abandone~: ~ep~b~c u~ ~ ~~ ~s~t · ~ no~ five (5) feet of Lot 28 md ~e sou~ fl~: (5) ~=t of~t 29, Blo~ 162, Sebasfi~ Hig~ U~t 5, less ~e west ten, (10) fe~t ~of, UTILITY: ~e~o RuOtera, FF & L ~ NO: (561) 4~9~266 APPROV~D~ENIBD BY: COMMENTS: Jan King, City of S,bastian, Orowlh F~x No. (561) 589-2566. Management D~artm~t I I I ! 99Eg~PZO~I ~E:~ ~66I/6~/I0 ,.._ BELLSOUTH FoA Pierce, FL ~7-4552 Date: 07/12/2000 ' ~"X~6~ ~664T05 1225 M~ St. ' Sebasfi~, Fl. 32958 PE~ON TO ~~ON~ACA~ EASE~NT DE~: ~s. J~ King,' . .' . · · . . Per yo~ request dated 07/10/2000, BellSou~ h~ no objection to ~e ab~doment of ~e utili~. e~ement described here~: · · . ~e public utili~ ~d ~age e~emem located on ~e no~ five' (5) feet of Lot 28 ~d ~e sou~ Five (5) feet of Lot 29, Block 162, Seb~fi~ ~g~ds U~t 5, less ~e west ten (10) feet ~ereof. We have no facilities Mthln ~s po~on of s~d utility easement. For ~er ~simce plebe contact M~e H~per at (561) 567-7700. · ' Gener~ M~ager cc: M~e Hmper ~en~ b~:cHR~T/E COMM Received Jul-19-Oe 89:2tam from 5615892566 * cHArTER COMM ~=~i P.~ ~Oe ~ P~OUEST ,OR AWA~.NM~. ~ o, ,A~E~ I I 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHON~ ($61) $89-$$37 [] F~ (561) 589-2566 ' ~ ~O~ST FOR ~DO~ O~ E~SE~ I J~y I0,~000 . ' Desolation of Eagerest to be sbando~ed: ~ ~b~c ~W ~ ~ ~~t l~at~d on ~e ~o~ five (5) f~t of~t 28 ~d ~ so~~ ire (~) ~e~t .of~t 29, Blo~ 162, S~bafia Hi~m~ U~t 5, less ~ ~t t~ (10) ~ITY: Steve De~I~ I~C. U~fi~ ~ NO, 770-514~ CO~S: R~tu.m to: Jan King, City of Sebastian, C. rroWda Ma.uagem~nt Dc'parm~nt Fax No. (561) $89-2566. ! ~: 18AM BED~ DEPT' SF_BASTIAM MO. 731 1~5 ~ S~ET ~HO~ (~61) ~89-ff37 O '~ (561) ~89-2566 ~O~T FOR ~~O~5~ OF 3uly lO,' 2000 ' .' .. I R,etura to: ~an King, CiV of Seb~tian, C.~o~d~ Management Department Fax inc. (f61) 589-2~66. City of Sebastian, Florida Subject: Pelican Island Preservation Society Department Origin: Cky Manager Date Submitted: 8/01/00 For Agenda off 8/09/00 Exhibits: Letter dated July 1 O, 2000 to Terrence Moore from Ruth Davies, Secretxry, Pelican Islmad Preservation Society (PIPS) EXPENDIRXIRE [ AMOUNT BUD GETED: APPROPRIATION ILEQIYiRED: N/A [ N/A REQUIRED: SUMMARY 'The Pelican island Preservation Society, is requesting the use' of Riverview Park with electricity on Sund,at~, March 11, 200~ to hold a Pelican Island Wildlife Festival to commemorate the 98 Anniversary of Pelican Island National Wildlife Refuge. The hours of the event will be from 10:00 a.m. - 4:00 p.m, with an added hour for set up and take down of exhibit booths. In o~ddition to the exhibit booths, there will be'arts and crafts and food vendors, participating. RECOMMENDED ACTION Authorize the Pehcan Island Preservation Society, the use ofRiverview Parkwith electricity on Sunday, March 11, 2000 between 10:00 a.m. - 4:00 p.m., for a wildlife festival in celebration of the 98th Anniversary of Pelican Island National Wildlife Refuge. 2oOo Mr. Terrence Moore City Manager City of Sebastian 1225 Main Street Sebastian, FL 3295g Dear Mr. Moore: Pelican Island Preserrafion Society (PIPS) would lice to reserve Riverview Park for Sunday, March 1 l, 2001. We are plavning the Pelican Island W'fldlife Festival for that day to com- memorate the 98t~ anniversary of Pelican Island National Wildlife Refuge. · The hours of the event will be 10 amto 4 pm, with an added hour for set up and take down for exhibits and booths. We would expect exhibits from national wildlife refuges from around Florida; non-profit organizafions, such as the Friends of St..Sebastian River, both Sebastian and Indian River Historical Societies; St. Johns River Water Management District; Florida Fish & Wildlife COnservation Commission; Harbor Branch IOeeanographic Institutions and others. We also expect there will be arts and era~s and food ve adors. There will be no admission or parking charges. Last year, attendance was estimated to be over 4,000 people.. PIPS is a 501(c)(3) orgmafion and a copy of our records, if you have any questions or concerns co feel free to contact me a 589-3687. ..$iace,.rely, . ~ Ruth Davies, Secretary PELICAN ISLAND PRESERVATION SOCIETY CC: Walt Stieglitz, President, PII>S Paul Tritaik, Refuge Manager, Pelican Island I~S determination letter is attached for your accruing this planned wildlife festival, please (PII'S) The lOOth Anniversary of Pefioan Island National Wildlife Refuge and!the National Wildlife Refuge System will be observed here in Sebastian the week of March 14, 2003, This is YOUR National Wildlife Refuge System. come help us celebrate in March, 2003, City of Sebas.tlan, Florida Subject: Creative Playground/Barber Agenda No. Street Sports Complex Department Origin: City Manager ~...Sub~d: 08-03-00 For Agenda of: 08-09-00 Exhibits: EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: SUMMARY The creative playground at the Barber Street Sports Complex is currently in disrepair. As such, plans are in the works to implement au enhancement/replacement program during Fiscal Year 2001. Therefore, staff recommends that the creative playground remain closed until all necessary repairs and replacements are made before safety logistics are jeopardized (not to include the swing set area, located in southern portion of the playground, as enhancements were implemented earlier this year). RECOMMENDED ACTION Move to approve closure of the aforementioned section (s) of the creative playground at the Barber Streets Spor~s Complex. City of Sebastian, Florida · · · · REQUI/~D: N/A Subject: Ordinance No. O-00-17 Amending Fiscal Year 2000 General Fund, Local Option Gas Tax Fund, Capital Projects, and Airport Fund Budgets Exhibits: Ordinance No. 0-00-17 3r~ Quarter Budget Review Memorandum 3rd Quarter Income Statement by fund at the character level Project Status Reports by fund Investment Summary as of June 30, 2000 AMOUNT BUDGETED: N/A 0.0 Department Origin: Finance~..--~ Date Submitted: August 3, 2000 Agenda of: August 9, 2000 APPROPRIATION KEQUiRED: N/A SUM3/IARY In accordance with discussions during the Fiscal Year 2000 budget process, budget reviews and adjustments would be presented to Council on a quarterly basis. In addition, quarterly income statement summaries were to accompany the reviews as well as project stares reports. Also, in accordance with the Investment Resolution, an Investment Summary is also included for your review. On July 26, 2000, the City Council approved for second reading the proposed decrease in General Fund Revenues and Expenditures by $173,329 and increase in Local Option Gas Tax Fund by $44,139, Capital projects funds by $335,499, and the Airport Fund by $35,500 in rd accordance with the 3 Quarter Budget Review attached. The enclosed amended budget ordinance achieves that affect. The 3rd quarter budget review breaks down each affected department and fund with the amounts associated with the changes. RECOMMENDED ACTION Move to adopt Ordinance 0-00-17, amending the Fiscal Year 2000 budget for the General fund, Local Option Gas Tax Fund, Capital Projects, and Airport Fund. ORDINANCE 1~'0. 0-00-17 AN: ORDINANCE OF TIlE crrY i COUNCIL OF TIlE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLOR]DA ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1999 AND ENDING SEPTEMBER 30, 2000 AS PROVIDED FOR IN EXIIIB1T "A": PROVIDING FOR SEVERABILITY; PROVn)ING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WREREAs, on September 23, 1999, the Clty of Sebastian adopted Ordinance No. O-99-16 providing for the adoption of the City's 1999-00 budget; and ! WI:IEREAS, an analysis of the'revenues aah expenditures for the nine (9) months ended June 30, 2000 has indicated that some adjustments are necessary, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF T~ CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORiDA~ THAT: seCtion 1. The budget of the City of Seba~an, Indian River County, Florida for the Fiscal Year beginning October 1, 1999 andl ending S~ptember 30, 2000 be amended, a copy of which is attached hereto ax Exhibit "A", which are hereby adopted and the are hereby made to maintain and carry on the g Indian River County, Florida. Section 2. If any clause, section, or other any Court of competent jurisdiction to 1~ unconstitutional or invalid paxt shall be consid affect the validity of the other provisions of thi~ Section 3. All Ordinances or parts of OrdJ repealed to the extent of such conflict. Section 4. This Ordinance shall be come It was moved for adoption by Councilmeml The motion was seconded by Councilmeml being put to a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ben Bishop Councilmember Joe Barczyk Counciknember Ed Maj chef Counciknember James A. Hill d more particularly identified as revised appropriations set out th~ein ~vemment of the City of Sebastian, )a~ of this Ordinance shall be held by unconstitutional or invalid, such ~ed as eliminated and shall in no way ordinance. nances in conflict herewith axe hereby .~ffective on July 1, 2000. and, upon The Mayor thereupon declared this Ordinance duly passed and adopted this 9m day of August, 2000. CITY OF SEBASTIAN, FLORIDA By: Mayor Walter Barnes ATTEST: Katkryn M. O'Halloran, CMC/AAE City Clerk Approved as to form and content for reliance by the City of Sebastiau only: Rich Stringer, City Attomey 2 GENERAL Revenues Expenditures AMENDED BUDGET $ 7,098,494 $ 7,098,494 CDBG Revenues Expenses 617 617 LOCAL OPTION GAS TAX Revenues Expenses $ 464,528 $ 464,528 DISCRETIONARY SALES TAX Revenues $1,712,780 Expenditures $1,712,780 DEBT SERVICE FUND Revenues Expenses $ 186,563 $ 186,563 CAPITAL PROJECTS Revenues Expenditures $ 2,580,160 $ 2,580,160 GOLF COURSE Revenues Expenses $1,376,463' $1,376,463 AIRPORT Revenues Expenses 120,907 120,907 MAJOR EQUIPMENT REPLACEMENT FUND Revenues Expenses $ 145,000 $ 145,000 E~IT A 3 $(173,329) $(173,329) $ 44,139 $ 44,139 $ 335,499 $ 335,499 $ 35,500 $ 35,500 AMENDED BUDGET $ 6,925,165 $ 6,925,165. $ 617 $ 617 $ 508,667 $ 508,667 $1,712,780 $1,712,780 $ 186,563 $ 186,563 2,915,659 2,915,659 1,376,463 1,376,463 156,407 156,407 $ 145,000 $ 145,000 I I I I I TO: MAYOR A_ND CITY COUNC~ I FROM: CITY MANAGER I DATE: J~y 18, 2000 SUBJECT: 3 ~ QUARTER BUDGET REVIEW - JUNE 2000 ! As of June 30, 2000, the status of budgets for the major operating funds were as follows: % OF BUI)GET AMENDED RECEIVED/ BUDGET RECEIVED/ BUDGET EXPENDED BALANCE EXPENDED GENERAL Revenues $ 7,098,494 $ 5,108,479 5; 1,990,015 72.0% Expenditures $ 7,098,494 $ 4,963,057 5; 2,135,437 70.0% GOLF COURSE Revenues $1,376,463 $1,253,626 5; 122,837 91.1% Expenses 5; 1,376,463 $ 895,175 5; 481,288 65.0% AIRPORT Revenues $ 120,907 $ 80,159 $ 40,748 66.3% Expenses 5; 120,907 $ 84,741 5; 36,166 70.1% Highlights of the nine months status analysis include: Overall revenues supporting the General fund are being received as planned. During the first nine months, 72.0% of the budgeted revenues were received. The first quarter budget review includes recommendations to decrease overall revenue by $173,329 that consists of a increase of $11,175 in PD Overtime Fees due to collections under a contract for reimbursement with the State of Florida Division of Alcoholic Beverages and Tobacco for Police Officer costs associated with School Proximity Tobacco Enforcement, $10,996 resulting from auction proceeds, $4,500 in 75t~ Anniversary Committee sales and donations and a decrease in appropriations from prior year fund balance by $200,000 for mounts originally budgeted for City Hall Renovation, however, the funds will not be used and are being returned to the General Fund. , The General fund expenditures are projected' to have a net decrease of $173,329 resulting from offsetting increases from corresponding revenue during the third quarter, a decrease of $200,000 in Iaterfund Transfers to Capital Projects as a reduction in amounts ngeessm'y for remodeling City Hall and a net decrease in contingency of $3,004. 2. Special Revenue Funds The Discretionary Sales Tax Fund is receiving revehue as planned. There are no recommended changes. Local Option Gas Tax Fund is recommended to have an increase of $44,139 that results from a change in the Gas Tax formula of disWibution effective O~tober 1, 1999, received in April 2000 retroaction to October 1, 1999. ~ ~nary Sales Tax is recommended to'ha've;:~, increase o~ $44,139 in unappr, c$~riated, .~ 3. Debt Service Fund Overall, the debt service fund has exceeded ex~ecmfiom due to revenue collections for defaulted assessments.~lll~e no recommended changes at this time. 4. Capital Projects Funds Enclosed with this budget review are capital project status reports, in addition these reports illustrate new projects approved by City Council during the quarter, as well as completed projects during the year. The recommended increase to the Capital Projects Funds is $335,499. 5. Golf Caarse Fund Overall the Golf Course Fund is well on track to;meet or exceed its revenue budget. In addition, the · budget expenditures are on track to meet the budget, therefore, there are no changes recommended for the Golf Course fund for the third quarter. 6. Airport Fund Overall revenues are being received as planned through the third quarter. However, due to receipt and acceptance of two addition FDOT Joint Participation Agreements for the SuperUnicom and Security Fencing mad Runway Lighting, it is recommended to increase funding from Appropriation from Prior Year Retained Earnings by $35,500 to fund these additional projects. A corresponding increase in Intrafund Transfers balances the fund. Staff has kept well within the adopted budget in all funds to maintain max/mm fisoal flexibility. Staff will continue to monitor and review each position vacancy as it occurs for service level consequences. Terrence R. Moore, City Manager 2 AN~Y$IS OF GENERAL FUND REVENUE Overall revenues supporting general feud act/v/ties are being received as planned. A total of $5,108,479 or 72.0% of the $7,098,494 amended budget was received during the first nine months of the year. Last year 75.1% of budgeted revenue was received in the first nine months. TAXES: Real and Personal Property Tax Collections were 97.0% of budget which is higher than fiscal year 1998-99 when 91% of the property tax budgeted was collected. Staff is optimistic, however, that the mount budgeted will be collected by fiscal year end. The Franchise Fees and Utility Service Taxes will continue to be closely monitored, as 54.9% has been received to date compared with 67.5% for the nine months ended June 30, 1999. This is mainly due to timing differences in recording the revenue and the actual cash received, however, we are confident that the revenue budgeted will be realized. LICENSES AND PERMITS: Licenses and permits are being received at the same pace as ~ yem,, at 88.0% of budgeted revenues as compared to 99% in th~previous 'yem'. The difference in percentages results from underbudgeting revenues in the prior year. INTERGOVEKNMENTAL REVENUE: During the first six months of 1999-00, the City has received 68.6% of the projected revenue which is .9% above last year for the same period. This is due to timing differences associated with when revenue is recorded and when actual cash is received. The cash receipt received m October is generally associated with revenue received in August and therefore, in accordance with generally accepted accounting principles, would be recorded in the pr/or year. As such, the revenue (not cash) received/n October, 2000 would be recorded in September, thus evening out the revenue recorded. Based upon calculations used during the budget process, we are confident the revenue will be received as budgeted. GENERAL GOVE1D,IMENT REvENLrE: During the fn'st six months the City has received 98% of the budgeted revenues in this group. increase from the previous year of 91% received during the same period. This is a 7.7% Due to a contract with the Division of Alcoholic Beverages and Tobacco, we are recommending an increase of $11,175 for overtime associated with School Proximity Tobacco Enforcement. FINES AND FORFEITURES: During the first six months, 92.0% of revenue had been collected or received as compared to 89% in the prior year. This reflects an overall enforcement of City Codes and traffic citations. MISCELLANEOUS REVENIJES: During the first six months the City has received 81.4% of the miscellaneous revenues budget. Prior amendments have steadied this revenue stream to one cfa constant flow. However, in anticipation of the July 15, 2000 auction of equipment and vehicles, we recommend increaseing the Sale of Fixed Assets by $10,996. OTStER REVENUE SOURCES: Following an analysis of the City Hall Renovation/Expansion, it has been determined by Staff to reallocate the $200,000 of the funds originally budgeted to the project back to the General Fund. This will leave $200,000 in the project for the roof repair, window repairs and matching funds for any grants and $50,000 as contingency in the Capital Projects Fund. I The following changes are a sunmmry of thc ~m~lysis above and arc the net recommended changes to thc revenue · Taxes 0 4,173,850 I Licenses and Permits Intergovernmental Charges for Services Fines and Forfeits Miscellaneous Revenues Interfund Transfers Non-Revenue Sources 452,100[ 0 452,100 1,512,5761 0 1,512,576 55,755[ 11,175 66,930 113,200[ 0 113,200 269,334i 15,496 284,830 10,7001 0 10,700 510,979 310,979 NET RECOMMENDED DECREASE TO ~ GENERAL FUND REVENUES $173,329. / ANALYSIS OF GENERAL FUND EXPENDITURES Most departmental percentages were at or below the 75% level for the nine months ended June 30, 2000. Some of the higher percentages are due to encumbrances outstanding, i.e. blanket purchase orders against the budget. In addition, there are additional fimding requests included by department. EXPENDITURES: PERSONAL SERVICES 278,558 0 278,558 OPE1L~TING EXPENDITURES 69,0.22 (765)_ 68,257 CAPITAL OUTLAY 14,3,58 0 14,358 Operating Expenditures - Decrease is due to reallocation of ~imding to other divisions in support of expenditures 4 PERSONAL SERVICES 1,058,493 (11,847) 1,046,646 OPERATING EXPENDITUR_ES 107,743 3,025 110,768 CAPITAL oUTLAY 3'690 0 3,690 Personal Services - Net decrease due to reorganization of a certified police to the newly Created Code Enforcement division. ' Operating Expenditures - Net increase associated with a reall°cation of resources from other divisions in support of Travel & Per Diem, Telephone Service and Cellular Telephone. ' s RVIc .s o 38,717 38,717 ' opERATING EXPENDrrUREs 0 . 4,238 · 4,238 0Ur A¥ 0 0 . · Personal Services - Net increase results from a reorganization of Code Enforcement to the Police Department on May 1, 2000 from the Growth Management Department. The resulting costs associated with the Code Enforcement Officers for the remaining five months were reorganized into this new division of the Police Department. In addition, a police officer has replaced one of the code officers and that budget also is reallocated from the Patrol division to the Code Enforcement Division. Operating Expenditures - Net increase results from the transfer of estimated operating costs for the reminding five'months of the year originally budgeted in the Growth Management Department. PERSONAL SERVICES 281,820 10,058 291,878 OPERATING EXPENDITURES 51,487 (825) 50,312 CAPiTAL OUTLAY 17,350 0 17,350 Personal Services - Net increase is a result of participation in the Division of Alcoholic Beverages and Tobacco contract for School Proximity Tobacco Enforcement for which the city is paid $315 per officer for four hours. This amount is designed to cover the gross wages, overtime and fringe benefits of police officers enforcing this activity. Operating Expenditures - Net decrease is a result of a reallocation of resources to the Patrol Division for operations. PERSONAL SERVICES OPERATING EXPENDITURES CAPITAL OUTLAY 263,~65 0 263,165 33,~59 (1,300)_ 33,259 4,~51 0 4,951 Operating Expenditures - Net decrease results l}om realloc~ing resources to the Patrol Division. PERSONAL SERVICES OPER3%T]/qG EXPENDITI/RES CAPITAL OUTLAY 160,521 0 160,521 16,089 0 16,089 2,810 0 2,810 Operating Experlditures - Increase includes costs associated, with undcrbudgeted Travel & Per Diem of $200, Sign Shop Telephone costs of $749, Repairs & Maintenance - Vehicles of $110 and an increase in Departmental Supplies of $500 to pick up costs associated with Traffic Te~hnlcian. PERSONAL SERVICES 712,~ 0 712,845 OPERATING EXPENDITUI~S 269,~83 20,000_ 2'89,083 CAPITAL OUTLAY 13,900 0 13,900 Operating Expenditures - Net increase results from additional fund for Repairs & Maintenance - Operating Equipment due to unexpected and unplanned for breakdown in large equipment. This amount is offset by a decrease in contingency. I I I PERSONAL SERVICES 210,946 (25,753) 185,193 OPERATING EXPENDITURES 41,188 (4,373) 36,815 CAPITAL OUTLAY 17,323_ 0 17,323 Personal Services - Decrease results from reorganizing all personal costs associated with Code Enforcement for the last five months of the year to the Police Department Code Enforcement Division as of May 1, 20000. Operating Expenditures - Decrease is due to the reallocation of costs associated with Code Enforcement for the past five months of the fiscal year to the Police Department Code Enforcement Division. OPERATING EXPENDITURES iNTEKFUND TRANSFERS CONTINGENCY 355,112 3,500 376,805 786,950, (200,000) 786,52_0 180,164 (8,004) 99,275 Operating Expenditures - Net increase results from an increase in 75t~ Anniversary Expenditures offset by revenues from donations and T-shirt sales and recommend increasing the budget by $3,500. This will be offset by an increase in revenue by $4,500. Iuterfund Transfers - Staffhas analyzed the costs associated with the City Hall Renovation/Expansion and recommends xetuming $200,000 to the general fund. This would leave $200,000 in the project as well as $50,000 in the Capitol Projects Budget for contingency. Contingency - The decrease' is the net result of the budget increases/decreases in both revenue aud expenditures ia the General Fund Revenue and Roads & Drainage R&M Operating Equipment. Following is a summary of the General fund Departments and Divisions explained above: 7 NET RECO~ED DECREASE TO TIlE GENFXAL FUND EXPENDITURES $179,329. BUDGET CHANGES BUDGET 28.769 0 28,769 184.039 0 184.039 266.247 0 266,247 103.919 0 103,919 277.699 0 277,699 167.592 0 167.592 361,938 (765) 3611738 1.169.926 (8,822) 1.161.104 0 42.955 42.955 350,307 9.233 359.540 302.675 (1.300) 301.375 179.420 0 179.420 995,828 20.000 1.015.828 152.676 0 152.676 179.159 0 179.159 472.245 0 472.245 95.570 0 95,570 269.457 (30.126) 239.331 278.628 0 278,628 1.262.400 (204.504) 1.057.896 OUTLAY BY DEPARTMENT/DMSiON: 71098~494 (173,329) ANALYSIS OF CAPITAL PROJECTS 6,925,165 Capital projects axe proceeding as expected. The following Wojects are proposed to be added to. the Capital Projects funds. These projects are either projects previously ~pproved by Council or interkn program changes authorized by the ICity Manager in accordance with the Budget Ordinance. Funding Title Amount Source Elkam Dam $115,000 SJ'RWMD i Entrance Signs $ 7,769 Budget Svgs Rotary Boardwalk $ 25,000 Interlocal/ Donations Comments Segment 2 of Contract #96W256 for partial funding of Stonecrop Dam and Post-BM? Monitoring and Reporting. Cost of Installation of new Entrance Signs not originally budgeted with project. Engineering and construction budget for observation pier on the Indian River on City land. Yacht Club Boat Ramp $ 1,590 Budget SvgS 8 Increase project budget for Change Order and cost of signs and installation. I I I i I I I I I I I I Laptop Computers $ 9,640 Grant/LETF Five Laptop computer purchase for in-car use I fund with LLEBG Grmt and matched with Law Enforcement. Trust Fund funds. I Afl'port SuperUnicom $ 42,500 IPA/AP Rev To purchase and install SuperUnicom Radio System at the Airport - 80% funding FDOT/20% Airport Revenue. I Aiport - Runway Lighting and Security Fencing $135,000 J'PA/AP Rev To install upgrades in Runway Lighting and Security Fencing along GC/AP boundary. i N~T KECOMM~NDED INCREASE TO CAPri'AL PROJECTS IS $335,499. i ANALYSIS OF LOCAL oPTION GAS TAX SPECIAL REVENUE FUND I P~eVenlles: Other Revenue - Increase of $44,139 in Local Option Gas Tax is a result of a reallocation submittal by Indian I River County to the Department of Revenue retroactive to October 1, 1999 ! OPERATING EXPENDITURES 155,700 0 155,700 DEBT SEI~VICE 300,000 0 300,000 INTE~ TRANSFERS 4,028. 0 4,028 UNAPPROPRJATED 4,800 44,139 48,939 Unappropriated- difference between increase in Local Option Gas Tax resulting from reallocation of funds by the Department of Kevenue. 9 ANALYSIS OF AIRPORT FIfND Rents & Royalties iO~ Miscellaneous Revenue Revenue 87,6q0 0 87,600 3,5 o o 3,soo 29, 35,500 65,307 increase' ! Non-Operating Revenue - Recommended of $35,50~ due to Joint Participation Agreements and appropriation o£ 20% match fox the SuperUnicom System anlt Security Fencing and Runway Lighting, PERSONAL SERVICES OPERATING EXPENDITURES CAPITAL OUTLAY · INTRAFUND TRANSFERS CONTINGENCY 19,923 0 19,423 30,722 0 30,722 0 0 0 68,5~0 35,50[ 104,000 2,2§2 0 2,262 Intrafund Transfers - iucrease due to Airport Match for Sup~Unicom System and Security Fencing and Runway Lighting. 10 GENERAL FUND GENF.,Ra~T, Description Quarter Year Current REVISED Encumbrance BUDGET TAXES LICENSES & PEKMITS INTEKGVTT~ REVENUE CHARGES FOR S~.RVICE FINES AND FORFEITS MISC. REVENUE OTHER REVENUE SOURCE TOTAL II,VENUES (680,733) (3,286,673) (121,530) (397,900) (355,039) (1,037,645) (24,346) (54,622) (34,285) (104,102) (81,974) (219,110) (125) {8,426) (1,298,032) (.5,108,479) (4,173,850) (452,100) (1,512,576) (55,755) (113,200) (269,334) (521~679) (7,098~4~94) GENERA1, FUND EXF. E~fl)ITURES CI'I~ COLr~CIL EXPENDITURES Description Quarter Year Current REVISED To Date l~neumbrsac~ IIUDGET PERSONAL SERVICES OPERATING EXPENSES CAPITAL OUTLAY TOTAL LEGISLATIVE 5,329 11,788 0 17,120 3,457 3,994 0 6,300 5,349 5,349 0 5,349 14,135 21,131 0 28,769 CITY COUNCII~ ACCQMPLISI{MENTS CITY_MANAGER EXP. I~NDiTURES D~cr~lon Quarter Year current REVISED To Date Encumbrance tlUDGET PERSONAL SERVICES OPERATING EXPENSES CAPITAL OUTLAY TOTAL CITY MANAGER 39,676 120,447 0 170,239 3,930 10,627 0 13,000 0 0 0 800 43,606 131,073 0 184,039 CITY I~ANAGER ACCOMPLISllMEMT$ >Secured nearly $800,000 in Federal, State and County grants and appropriations to assist in citywide financing of various projects and program~. >Acquired former Good Guys, Inc. property for future recreational opportunities along the riverfront >Secured approval to enter into an agreement with Bell South Mobility to locate a permanent telecommunications tower on public property, to provide additional annual revenue to the City. >Secured commitment from Florida Department of Transportation (FDOT) to enhance United States Highway One (US 1); program to begin Fiscal Year 2001. >Realized savings via participation in the State of Florida purchasing cooperative. >Reduced cost through comprehensive procurement of equipment, materials and services. >Implemented employment of on-line purchasing system with Office Depot. >Initiated Sebastian's pelican Brief, the first ever qumerly community newsletter. >Reorganized Code Enforcement Division to ensure better accountability and reporting of violations and admi.{ stration of penalties. 78.7% 88.0% 68.6% 98.0% 92.0% 81.4% 1.6% 71.97% 68.9% 63.4% 100,0% 73.45% 70.8% 81.7% ' 0.0% 71.22% CITY CLERK EXPENDITLrRES D~r~tio~ Quarter Year Current REVISED To Date To Date Encumbrance BUDGET PERSONAL SERVICES OPBRATINO EXPENSES CAPITAL OUTLAY DEBT SERVICE TOTAL CITY CLBRK 46,995 146,019 0 203,786 71.7% 15,571 35,789 0 56,031 63.9% 1,930 1,930 0 2,000 96.5% 363 2,541 0 4,430 57.4% 64,859 [86,280 0 266,247 69.97% CITY CLERKACCOMP[ [smvmNT$ >Upgrade of computer software to enable communication with City server for access to internet and City-wide E-mail >Upgrade of computer system to eliminate stand alone PC which mas used for the City website- the website was moved to the network for ease and speed of daily upgrades >Assistance with the City Managers office to tie the Executive Al Isistant into Munimetrix - she can now access our system for legislative history back to 1985 ~ >Began process orE-mailing all adopted ordinances to Municipal! Code Corporation for codification >Updated and redislributed procedures manual and board handbobk Quarter Year Current REVISED Description ~ ~, Eneumbrauee t~I~I)GET % 19,025 58,497 0 83,639 69.9% 1,403 2,954 0 20,280 14.6% 0 { 0 0 0.0% 20,428 161,451 0 .!0~3,,9,? 59.13% PERSONAL SERVICES OPERATING EXPENSES CAPITAL 'OUTLAY TOTAL LEGAL LEGAL ACCO~LISi] MEN,TS >Oversaw litigation for the City >Assisted in negotiating and preparing leases at Airport >Property Acquisitions - Goods Grays Property >~4~esonaal.~o~e.x~es. Ordinance ~ >Nuisance Ordinance addition and amendment >Assisted with zoning text amendments and laud development co~e amendments Desc, rJpfiou PERSONAL SERVICES OPERATING EXPENSES CAPITAL OUTLAY TOTAL FINANCE Quarter 40,269 13,662 1,788 55,719 Yi i42,722 53,222 [2,830 ~98,773 FIN.iN.CE ACCOMPLIF~[tMENTS Current REVISED Eneumbrang~ ]~UDGE_.T 0 209,629 68.1% 3,660 64,627 88.0% 558 3,443 98.4% 4~218 277,699 73.10% >Completed Investment Policy Completed Travel Policy imt time CAFR from General Purpose Financial Statements in prior years ash management contract with SunTrust Bank _ 1~ B~,SOURC~,S D~cripflon Quarter Year Current REVISED ToDate To Date Encumbrance BUDGET % PERSONAL SERViCES OPERATING EXPENSES CAPITAL OUTLAY HLrMAN RESOURCE 22,561 64,452 0 119,454 54.0% 7,639 21,507 0 41,865 51.4% 0 0 1,796 6,273 28.6% 30,200 85,958 1,796 167,592 52.36% l:UtYM~ RESOU-R,CES ACCOMPLISFIMENTS >Seven new empioyees have been hired since October 1, 1999 >Coordinated and helped administer 2 donor drive of the Indian River Blood Bank >Sponsored and hosted 2 employee recognition cookouts >Administered entry level Police Officer Entrance Exam >Settled pension re-opener issue regarding CWA contract >Kevision of Sexual and Other Harassment Policy to comply with current law >Established Employee Recognition Program to include longevity service >Coordinated and hosted employee awards banquet held at Captain Hiram's >Expanded Human Resource by one new amployee overseeing Workers Compensation and Safety Coordination >Implemented background investigations process on all new hires and current employee driving record search >Scheduled 2 EAP Training classes conducted by Dr. Bradman of UniPsyche >Developed and implemented Workers' Compensation Policy >Re~vampad,, overhauled and ~lablished a new filing system ofpe~sotkuel r~corcls by combining ~e~.x~rds~ one central location. This allows the retrieval ofreques'ted infom~tion~without obtaining~~ cor~dmtial information. , ~ >Met with State Safety Inspector and viewed various areas of City property. We are in compliance with State requirements, >Policy and Procedures Manual is 55% complete (5 chapters) >Keviewed and Updated 24 job descriptions >Completed 7 memos of understanding changing language in both the PBA and CWA contracts. >implemented Hepatitis A & B inoculations for Public Works employees and City Police Officers. >Coordinated United Way Fund Kaiser for the City, which was the highest earning in City history. >Rearranged office area and had new work station built for new gmployee. POLICE ADMINISTRATION Quarter Year current REVISED D~scripfion To I)ate To Date Encumbrance I~UDGE~ % PERSONAL SERVICES OPERATING EXPENSES CAPITAL OUTLAY TOTAL POLICE ADMIN 64,276 199,487 0 278,558 71.6% 24,123 41,159 0 68,422 60.2% 0 12,285 2,072 14,358 100.0% 88,399 252,931 2,072 361,338 70.57% pOLICE ADMINISTRATIQ~T ACCOMPI. JaSHMENTS >State accreditation process has begun - In preparation for this major organizational undertaking, four department members, Lt. Reardin from Administration Div., Sgt Lockhart from Uniform Div., Sgt Morris form Detective Div., and Lynn Bombriant from Dispatch all attended a two day, 16 hour Accreditation Orientation course in Orlando. > 36 hours of ~raining attended by Police Chief and Asst. Police Chief, Dave Puscher >Seven new PC Work Stations installed on the new LAN - These units were distributed through-out the department, including Administration, Records, Dispatch, Detective Div. and the Uniform Div. This brings the total work stations on the departments LAN to 18. The LAN, new Records Management Software and most of thc PC workstations were obtained last year under a Federal COPS-MORE grant. POLIC, F.~PA~OL Description Quarter Year Current REVISED To Date ~ Encumbrance BUDGET % PBRSONAL SERVICES OPERATING BX?BNSBS CAPITAL OUTLAY TOTAL POLICE PATROL 233,591 745,457 0 1,058,493 70.4% 36,651 82,363 1,552 108,643 .77.2% 1,690 . 3,690 0 3,690 100.0% 271,932 ~31,510 1,552 1,170,826 71.15% UNIFORM DMSION ACCO~rPLISHMENTS > 1,164 hours of ~raining completed >6 new fully equipped Ford Crown Victoria patrol cars ordered. These are replacement vehicles and all will be marked units. >2 new PC work stations installed. Part o£those explained in Ad~nistration, above. >SRO position re-filled. Arrangements were finalized to have Officer Bill Jursik become a part time School Resource Officer for both of the elementary schools in Sebastian. This pro,ram began in January when school reopened aider Christmas break. > Assumed all o£the alarm permitting and enforcement functions ~equired by the alarm comxol ordinance POLICE CODE ENFORCEME~ Quarter Year Current REVISED Description To Date ~o ~ate ]~neumbra, c~ DUI)GET % PERSONAL' SERVICES OPBRATI~qG EXPENSES CAPITAL OUTLAY TOTAL CODE ENFORCEMENT 8,079 8,079 0 25,753 31.4% 306 306 0 4,373 7.0% 0 0 0 0 0.0% 8,384 8,384 0 30,126 27.83% POLICE INVESTIGA, IWv'E ]~ser[ption Quarter Year Current REVISED To)ate Encumbr.~R~ BUDGET % PERSONAL SERVICES OPERATING EXPENSES CAPITAL OUTLAY TOTAL POLICE INV. 68,673 2 12,724 11,568 92,965 DETECTIVE DIVI~IONACCO1 )9,224 0 281,820 74.2% 34,589 0 51,137 67.6% [7,312 0 17~350 99.8% i1,126 ~ , 0 u35_0,307 74..5,4% iPLISHMENTS >One new Ford Taurus purchased. This unmarked unit is a replacement. >2 new PC work stations installed. Part of those explained in Administration, above. >516 hours of training completed Deseriptloa PERSONAL SERVICES OPERi&TING EXPENSES oAPITAL OUTLAY TAL COMMUNICATIONS POLI~ CO~]kIMUNIC&TIDNS Quarter YeSr 45,268 1~3,845 6,154 !8,465 0 3,041 51,422 175,350 Current REVISED Encumbrance BUDGET 0 263,165 58.5% 0 34,259 53.9% 1~910 4,951 100.0% 1,910 302,375 58.62% DI~.~PATCH DMSION ACCOMPLISHMENTS >Portable radio for Dispatch supervisor ordered and received >Instant replay recorder being evaluated >1 new PC work station installed. Part of those explained in Administration, above. >Three dispatchers attended 32 hours oftraimug. ENGINEERING Quarter Year current De~cription TaDate To Date Encumbrance PERSONAL SBRVICES OPERATING EXPENSES CAPITAL OUTLAY TOTAL ENGINEERING 27,021 106,288 0 4,112 13,955 0 0 2,808 0 31,133 123,052 0 ~N.G]~NEERING ACCOMPLISHMENT~ Projects Completed >Main Street Boat Ramp Replacement >Main Street Pier and Finger Pier Keconstruction >Barber Street Sports Complex Improvements >Yacht Club Boat Kamp Keplacement >Yacht Club Pier Repairs >Schumann Drive Drainage Improvements >Bridge Repairs - Periwinkle, Englar, Fleming, Lake >Elkearn Dam Replacement >27 lane miles of roads repaved in 1st phase of Repaying and Reconstruction REVISED DUDGET 160,521 16,089 2,810 179~0 ROADS & DRAIb}AGE Quarter Year Description To l)ate To l)ate PERSONAL SERVICES OPERATING EXPENSES CAPITAL OUTLAY TOTAL ROADS & DRAINAGE 155,296 497,843 56,964 199,240 0 4,085 212,260 701,168 Current REVISED ]~netonbranee BUDGET BOADS & DRAINAGE AC,.C,_0MPLISHMENT$ >Secured permits from FDOT to install new welcome signs citywide. >Widened the sidewalk at Riverview Park (1,910 feet of concrete work). >Built frames and installed new City of Sebastian Welcome Signs >Worked on Public Works Compound improvements. >Completed 11,325 linear feet of swale work. >Completed 9 side yard installations for a total of 2,003 linear feet >Replaced 240 feet of road crossing pipes >Supervised 83,886 linear feet of swale work performed by CEM Contractors >Supervised 11 road crossing culvert replacements by M.D. Utilities >Processed 229 work orders 66.2% 86.7% 99.9% 68.58% 0 712,845 69.8% 35,544 269,083 87.3% 0 13,900 29.4% 35,544 995,828 73.98% CENTRAl, GAI~G~ Quarter Year Description To Date To I)ate Current REVISED EK~:Dmbrance BUDGET PERSONAL SBKVICES OPERATING EXPENSES CAPITAL OUTLAY TOTAL GARAGE 24,686 81,198 0 6,588 15,527 0 4,140 . 4j40 1,900 35,414 1100.866 1,900 ~E~L. GA_RA GE~A CC OI~PLISHMEI~ITS >Processed 930 work orders with 59 work orders outstanding encompassing 1,926 man hours 121,061 24,915 6,700 152,676 ]~UIL]DINGAMAINTE Quarter ~/ ~Sc~Jp~Q~ To Date To PERSONAL SERVICES OPBRATING EXPENSES CAPITAL OUTLAY TOTAL BLDG MAINT ~ANCE ear Current REViSED Encumbrance BUDGET 27,626 84,837 0 123,902 10,604 31,317 312 54,257 0 0 788 1,000 38,230, 116,154 1,100 179,159 67.1% 62.3% 90.2% 67.31% 68.5% 58.3% 78.8% 65.45% BUILDING MAINTENANCE ACCOMPLISI~'ME~[TS >Processed 42 work orders for maintenance to various departments and buildings Quarter Y Description To Date To PERSONAL SERVICES OPERATING EXPENSES CAPITAL OUTLAY TOTAL PA1LKSfRBC 67,189 29,876 37,918 134,983 PARK~q/RECREATION ACCO Bar Current REVISED Date Eneumbra~ DUI)GET :10,268 · 0 297,278 82,622 3,401 105,823 59,689 1~757 6~143 ,52,579 5,158 472,244 IPLKS~.NTS >Rearranged crews to increase productivity >Planted new landscape materials to beautify US 1 medians >Grew in a new football field and soccer practice field >Installed 2 new basketball courts >Renovated all purpose field >Built new, batting cages >Upgraded irrigation system at Barber Street Sports Complex >Planted new trees for Arbor Day at Hardee Park >Installed new landscaping in Courtyard between the Building Dept and Public Works offices >Installed new swings, hangers, chain and seats at Creative Playground and playground at Riverview Park >Installed new backstop boards at Barber Street Sports Complex 70.7% 81.3% 88.9% 75.75% l) c~crjpti~n PERSONAL SERVICES OPERATING EXPENSBS CAPITAL OUTLAY TOTAL CEMBTERY IZEMETERY Quarter Year Current REVISED To Date To Date lgneumbrance BUDGET % 17,475 53,705 0 75,405 71.2% 2,996 9,133 0 11,465 79.7% 237 8,288 0 8,700 95.3% 20,709 71,127 0 95,570 74.42% PERSONAL SERVICES OPERATING EXPENSES CAPITAL OUTLAY TOTAL GROWTH MGMT ~uR_O~ MANAG~T Quarter Year Current REVISED To Date To Date l~ncumbrance BUDGI~T % 40,029 141,961 '0 185,193 76.7% 2,326 22,124 0 36,815 60.1% 710 13,623 2,736 17,323 94.4% 43,065 177,708 2,736 239,331 75.40% GROWTH MANAGEMEI~I~r ACCOMPLISFEH'ENT~ >Secured annexation of commercial property (south Sebastian, west of US 1). >Secured commiunent for commercial development by Boos Development, Inc. whereby Pablix Supermarket will be the primary anchor. >Wrote a revised draft of the Sebastian Land Development Code incorporating adopted ordinances and suggestions from citizens and staff. >Proposed Land Development Code was presented to and reviewed by the Local Planning Agency at a series of 17 meetings, with changes made as directed. >Proposed Land Development Code was presented to and reviewed by City Council and 2 workshop meetings, with changes made as directed. >Reviewed and analyzed 8 commercial site plans, including presentation to the Planning and Zoning Commission for approval. >Reviewed and analyzed 3 subdivisions, including preliminary plat presentation to the Planning and Zoning Commission and City Council for approval. >Reviewed 44 home occupation license applications, with presentation, to the Planning and Zoning Commission for approval. >Reviewed 11 accessory structures requiring Planning and Zoning Commission approval. >Reviewed and analyzed 9 model home permits, including presentation to the Planning and Zoning Commission for approval. >Reviewed and processed 3 text amendments to the Sebastian Comprehensive Plan, including presentation to the Planning and Zoning Commission and City Council. >Reviewed and processed 2 changes to the Comprehensive Land Use Map, and the Sebastian Zoning Map, including presentation to the Planning and Zoning Commission and City Council for approval. >Updated the Sebastian Zoning Map and presented to the Planning and Zoning Commission and City Council for approval. >Implemented street address changes at 18 locations, and coordinated such changes with the Post Office and Emergency Management. >Updated the list of scrub habitat lots in the City of Sebastian utilizing information from U.S. Fish and Wildlife Service. >Reviewed 15 sign applications for zoning compliance. >Recertification of the Community Rating System (CRS) for flood insurance rate purposes. >Completed Census Boundary and Annexation Survey for Bureau of Census. GRO_WTHNIANAGEMENT AccoMPLISHMENTS (Con0 >Reviewed and processed 6 temporary use permits. >Analyzed and presented 5 variance requests to the Board of AdjUstment. >Administered review and approval of 1 division of a single lot. >Processed and reviewed 3 vacation of easements. >Reviewed zoning compliance for approximately 25 occupational licenses. >Prepared preliminary survey work and site plan detail for 2 airport leases. >Provided staff support for 3nnlversary Committee, Board of Ad~ustment, Code Enforcement Board, Construction Board, Tree Advisory Board, Local Planning Agency and Zouing Commission. >Overhauled current property filing system in an effort to enhance record retrieval capabilities. >Implemented new code enforcement ~racking/database soi~ware ~rogram to enhance Code Enforcement operations. >Purchased one new Ford Ranger Pickup for replacement of 1992 Ford F150. >Researched and recoramended new violation procedures for inchmion in the adopted code enforcement citation and fee structure procedures. >Completed approximately 600 code enforcement investigations with approximately 97% of all cases resulting in compliance and the remaining requiring code enforcement board action. >Assisted in implementing code enforcement reorganLzafion, whereby code enforcement was reassigned to the Police Department. Quarter Year Current REVISED l)escrilltlop To Date To I)ate El~cumbrancl~ i~I/DGJ[T % PERSONAL SERVICES OPERATING EXPENSES CAPITAL OUTLAY TOTAL BLDG DEPT 55,219 166,042 0 232,426 71.4% 4,104 9,053 238 20,908 44.4% 1,981 24,294 588 25,294 98.4% 61,304 199,389 826 278,628 71.86% IIUILDING DEPARTMENT ACCOMPLISHMENTS >Gathered dam and met with DCA for the National Flood Insura~e Program Community Assistance visit for an audit conducted on March 27, 2000 >Instituted a better tracking system of incoming revenue by the u~e of a cash register. >Customized our receipt forms to match account numbers used i~ the cash register. >Purchase of a new software program to enable us to be more efficient in the handling of permits, inspections, contractor licensing and the running of required monflaly and annual reports. >Currently we are in the process of customizing portions of the n~w program to better suit our needs >Purchase of 2-way phone radios for the inspectors enabling them to discuss construction problems with the specific contractors without having to use office persoun~l as a go-between. >Created handouts for homeowners to help them do their own ins' allation of hookups to County water. >Created handout~ for homeowners to help homeowners construe': hand-built structures. PERMITS ISSUED Single Family Residence Building 184 Residential Duplex 6 Mobile Homes 3 Residential Addition 15 Commercial Building 6 Commercial Addition 5 Plumbing Additions 353 Electrical 349 Mechanical 228 Swimming Pool Shed Roof Sign Fence Screen Enclosure Lawn Sph.ukler Demolition Solar System Other Total Permits Issued Value of Construction Permitted P~riptiou PERSONAL SERVICES OPERATING EXPENSES OTHER SEKVICBS TOTAL NON-DBPARTMBNTAL TOTAL GENERAL FUND REVENIJt TOTAL GENERAL FUND EXPENSE NET REVENUES 91 49 205 21 126 103 4 3 5 145 1,901 24,912,940.54 NON-DEPARTMI~NTAL Quarter Year 22,101 .. 88,261 69,720 206,767 99,500 612,020 191~320 907,048 (1,298,032) (5,108,479) 1,510,468 4,963,057 212,436 (145,422) Current ]~ncumbrance 0 12,844 0 12,844 0 71,657 REVISED BUDGET 118,566 258,039 885,796 1,262,401 (7,098,494) 7,098,494 74.4% 85.1% 69.1% 72.87% 7%0% 70.9% Desc~ipj'j~ OTF~R R.~ SO~-ReE TOTAL CDBG FUND REVENUE Descripti08 · OPERATING EXPENSES TOTAL CDBG FUND EXPENSES Description TAXES MISC. REVENUE TOTAL KEVENIJES Descriptioz OPBKATiNG EXPENSES CAPiTAL OUTLAY DEBT SERVICE OTKER SERVICES TOTAL EXPENDITURES CDBG FUND CDBGBKYENUF~ Quarter Year Current To Date ~ Encumbrance o ~ (6]7) o 0 ! (617) 0 ~CDBG EXPENDIT'~S Quarter ~ear Current 0 617 0 0 617 0 LOCAL OPTION GAS TAX LOGTFUNDR~VE.NI~ Quarter Year Current To Date To Date Encumbrance 582,792 :373,250 0 19,262 i 10,618 0 602,05:4 ~t83;868 0 LOGT FUND EXPENDITURES Quarter ~ Current To I) ate Evcumbrance 33,877 ]14,316 I 2,200 o 15o,ooo o 1,007 i 3,021 0 34,884 269,537_ 0 1999/2000 1999/2000 1999/2000 (453,528) (464,528) 1999/2000 153,500 2,200 300,000 8,828 464,528 (617) 100.0% £~,U.L~oo.oo% 617 100.0% 617 100.00% -82.3% -96.5% -82,64% % 74.5% 100.0% 50.0% 34.2% 58.02% DISCRETIONARY SALES TAX Deseriptian TAXES MISC. REVENUE TOTAL DST FUND REVENUE Deseriptiou CAPITAL OUTLAY OTHER SERVICES TOTAL DST FLRqD EXPEAIDITURBS DST FUND Quarter Year Current To D~te To]Date Encumbran¢~ (457,645) (1,193,743) (11,040) (34,510) (468,684) (1,228,253) DST FUND EXPENDITURES Quarter Year 141,154 168,194 365,184 1,082,218 506,338~ 1,250,413 Current Encumbrtt~c,g 1999/2000 I DEBT SERVICE FUND Description MISC. REVENUE TOTAL DEBT SERVICE REVENUE Description OPERATING EXPENSES DEBT SERVICE OTHER SERVICES TOTAL DEBT SERVICE EXP. D~BT SERVICE BF~VENUES Quarter Year (44,128) (205,052) (44,128), (205,052) · DEBT ~RIzjCE EXPENDITUBF~ Quarter Year Current Encumbrance Current Encumbrance 0 (1,680,780) 71.0% 0 (32,000) 107.8% 0 (1,712,780~.,,,, 71.71% 0 174 0 0 64,395 0 0 0 0 0 64,570 0 1999/2000 167,728 (246,711) -136.2% 0 (1,466,069) -73.8% 167,728 (1,712,780) ,-82.80% 1999/2000 0 (186,563) 109.9% 0 (186,563) 109.91% 1999/2000 306 56.9% 64,396 100.0% 121,861 0.0% 186,563 34.61% l)e~cription INTERGOVBRNN~NTAL RBVEN-tZE CHARGES FOR SERVICE MISC. REVENUE OTHER REVENUE SOURCES TOTAL REVENUE I)eseril~ll PERSONAL SERVICES OPERATING EXPENSES CAPITAL OUTLAY DEBT SERVICE OTHER SERVICES TOTAL ADMINISTRATIVE l) esertoti~n OPERATING EXPENSES CAPITAL OUTLAY · INTRA FUND TRANS TO PROJBCTS TOTAL MAINTENANCE Description PERSONAL SERVICES OPERATrNG EXPENSES CAPITAL OUTLAY TOTAL CARTS TOTAL GOLF COURSE REVENUE TOTAL GOLF COURSE EXPENSES NET REVENUES GOLF COURSE FUND i GOLF (2OURSE Quarter Y~ar current REVISED To Date I.o.D_aR Encumbrance IIUDGET % 0 (438) 0 (437). 100.1% (283,519) (1,t54,350) 0 (1,248,980) 92.4% (30,660) (98,543) 0 (103,247) 95.4% 0 ~ 0 (23,799) 0.0% (314,179) (1,253,331) ~ 0 (1,376,463) 91.05% GOLF ~2OURSE EXPENDITURES GOLF COURSE ~~TRATIV~ Quarter Y~ar 38,218 113,061 61,822 192,979 0 ' 650 0 48,490 1,250 6rOlO 101,290 361,191 .! GOLF C0UR~E MAINTENANCE Quarter 133,673 25,050 158,723 Y~ ar 3 )0,317 [9,658 75,150 4,~. 5,125 GOLF COURSE CA~TS Quarter ~ 10,054 26,923 300 22,231 0 0 10,355 49,154 (314,179) (1,253,331) 270,368 895,470 (43,812) (357,861) Current REVISED Encumbrance BI'GET % 0 156,490 72.2% 0 257,626 74.9% 0 650 100.0% 0 206,980 23.4% 0 13,681 43.9% 0 635,427 56.84% Current REVISED Enel~mbr~Jl~ BUDGET 0 526,217 74.2% 0 40,181 48.9% 0 100,200 75.0% 0 666,598 72.78% Current REVISED Encumbrance BIODGET (1,376,463) 91.1% 0 1,376,463 65.1% 0 29,413 91.5% 0 44,225 50.3% 0 800 0.0% 0 ,_74,438 66.03% GOLF COURSE ACCOMPLISHMENTS >The contract with One Source Landscape and Golf Services was extended and maintained >Revenues are up over thc same period in 1999 >The front nine cart paths are completed, thc back nine is curr~fly under construction >We have made considerable progress in drainage improvements with new culvert construction, fairway drainage and.bridges >Tee signs on the/rout nine are in place >Osma¢ Irrigation System is in the process of being purchased >Cart Lease entered into with Club Car, Inc. estimated completion is May 30, 2000 >Chipco choice has been applied to combat mole crickets >Bulk £ertilizer scheduled for April 21, 2000 >Flower beds added to clubhouse area for beautification. AIRPORT FUND D~crlptioa MiSC. REVENUE OTHER REVENUE SOURCE TOTAL AnLPORT REVENUE AIR.PORT REV'EH Quarter Year Current REVISED To Date To Date Encumbrance BUDGET % (25,624) (80,159) 0 (106,100) 75.6% 0 0 0 (14,807) 0.0% (25,624) (80,159) 0 (120~/907) 66.30% AIRPORT EXPENDrrI~ES Dc~eril~t/on Quarter Year current REVISED To Date To l)ate Encumbrance I~UDGET % PERSONAL SERVICES OPERATiNG EXPENSES INTRA FUND TRANS TO PROJECTS TOTAL A_IRPOKT EXPENDITURES 1,567 4,329 0 19,423 22.3% 6,254 20,411 375 30,722 67.7% 20,000 60,000 70,762 84.8% 27,822 84,741 375 120,907 70.40% TOTAL AIRPORT REVENUES TOTAL AIRPORT EXPENSES NET EXPENSES (25,624) (80,159) 0 (120,907) 66.3% 27,822 84,741 0 120,907 70.1% 2,197 4,582 AIRPORT ACCOMpLISI:iM'ENTS >Initiated Sebastian Municipal Airport Master Plan and Airport Stonnwater Plan updates. >Secured approval to renew leases at Sebastian Municipal Airport; Velocity, Inc. and Sebastian Aero Services. CITY OF SBBASTIAN CAPITAL PROYBCTS FUND 310 AS OF JIINB 30, 2000 ?~ject C910I C9103 C0101 C0102 I D~scription pump. House Addition @ C~mete~ In-Car Video Systems City Hall Renovation PD Laptop Computers Bud~m 6,500.00 11,685.00 450,000.00 9,640.00 477,825.00 C-'u~ent Expenditures 324.49 11,~85.00 8,?32.77 9, o.oo 30,082.26 Prior Year Expenditures 6,175.51 6,175,51 All Y~a~ Expenditures 6,500.00 11,385.00 8,732.77 9,640.00 36,257.77 Balance to Complete 0.00 300.00 441,267.23 0.00 441,567.23 % Complete 100.00% 97.43% 1.94% 100.00% CITY OF SEBASTIAN CAPITAL IM?RO~ PROJECTS FUND 320 AS OF JUNE 30, 2000 ?rojeet Number C6201 C6202 C6203 C6204 C7203 C7204 C7207 C8201 C8202 C8205 C9201 C9202 C9205 C9206 C9208 C0201 C0202 C0203 C0204 C0205 C0206 C0207 C0208 C0209 C0210 C0211 C0212 C0213 Description Side Yard Culvm Pipes Elkharn Dam Perim~r Culver~ Improvements Rom:l Drainage Improwment Communit~ C~ntec Iraprovcments Yacht Club Rmovation D~apsey-Vocelle Irnprovem~nts Schum~mn Dr. Drainage Improvem~ts Blossom Dralnag~ Improvements BSSC Green Building lmprov DPW Compound Improvemsnts Retool Sheltars (~ Parks Rivcrvi~ Park Expansion Rebuild Main Street ?i~r Hardee Park Restroom Improvements Stormwater Manag~ra~t Plan Update Skateboard Park Femcing at Various Parks Compound Storag~ Shed Yacht Club Finger Piers & Pier Yacht Club Boat Kamp Observation Tales¢opes Entnmcc Signs Indian River Drive 8id=walk Pc'pair Tea C:tic Control Signs (FEMA) Rivervi~w Sid~vaik Widening PD Building Interior Painting Rota~ Boardwalk Currant Year ~ ~ndimr~ 100,000.00 21,065.95 906200.00 223,711.44 475,616.00 91,088.24 1,344,837.00 571,258.58 40,213.00 753.29 30,347.00 1,594.47 29,554.00 (5,906.47) 380,432.00 115,7~.50 198,200.00 0.00 195,500.00 172,059.45 95,000.00 48,316.14 2,500.00 1,104.07 710,0O0.00 684,882.70 103,880.43 102,836.61 5fl45.00 380.52 100,000.00 5,000.00 80,~0.00 21.00 7,500.00 3,143.78 13,586.00 625.75 59,458.66 59,458.66 76,590.00 76,590.00 6,896.89 6,896.89 25~400.00 31,168.93 10,824.~ 10,824.~ 1,851.90 1,851.~ 7,100.00 7,100.00 7,800.00 25,000.00 1,503.25 Year ~xp~ditur~s 20,514.14 178,548.99 224,908.58 699,222.70 1,627.48 4,124.59 28,030.28 264,687.50 0,00 11,675.72 25,839.02 0.00 5,000.00 1,043.82 1,118.39 laaiunce All Years to ~ditu~ 2mrmmbrm-m~i ¢om~l~ 41,580.09 3,002.00 55,417.91 402,260.43 87,371.00 416,568.57 315,996.82 40,481.00 119,138.18 1,270,481.28 914.00 73,441.72 2,380.77 37,832.23 5,719.06 24,627.94 22,123.81 7,430.19 380,432.00 0.00 0.00 198,200.00 183,735.17 2,656.00 9,108.83 74,155.16 1,041.00 19,803.84 1,104.07 1,395.93 689,882.70 20,117.30 103,880.43 (0.00) 1,498.91 4,246.09 5,000.00 95,000.00 21.00 79,979.00 3,143.78 1,007.00 3,349.22 625.75 12,960.25 59,458.66 0.00 76,590.00 0.00 6,896.89 0.00 3 i, 168.93 (5,768.93) 10,824.44 0.00 1,851.90 0.00 7,100.00 0.00 7,800.00 0.00 25,000.0O 1,466,,341 21,, 3,6_9_7:.9_!.2_.05 144,272.00 .... !,19,7,,§48.27 % Comnlctc 44.58% 54.03% 74.95% 94.54% 5.92% 18.85% 74.86% 100.00% 0.00% 95.34% 79.15% 44.16% 97.17% 100.00% 26.09% 5.00% 0.03% 55.34% 4.61% 100.00% 100.00% 100.00% 122.71% 100.00% 100.00% 100.00% 100.00% 0.00% CITY OF SEBASTIAN TRANSPORTATION CAPITAL PROJECTS FUND 330 AS OF JUNE 30, 2000 Project Number C7304 C9301 C9302 C0301 C0302 Description Main Street Drainage System Barber St Bridge Improv All Bridges Median Improvement Pmgrarn Fleming Street Sidewalk CITY OF SEBASTIAN ROAD PAVING PROJ'BCT FUND FUND 335 AS OF JUNE 30, 2000 Project Number C8308 Description Road Paving Project cqrrent Phor ¥ ar Year Budget ExPcinditures Bxpenditmes 11,083.95 11,083.95 0.00 141,000.00 4,~50.01 28,500.00 257,719.79 236,065.88 7,936.21 10,000.00 4,¢37.26 0.00 64,900.00 484,703.74 3,304,855.00 All Years Expenditures 11,083.95 32,850.01 244,002.09 4,237.26 0.00 255,737.10 to Compile 0.00 108,149.99 13,717.70 5,762.74 64,900.00 36,436.21 292,173.31 192,530.43 CU~ent Prior Y~ar Year All Years Bxpcr~ditures Expenditures Expenditures 892,048.10 332,066.03 1,224,114.13 Balance to Complete 2,080,740.87 % Complete 100.00% 23.30% 94.68% 42.37% 0.00% Complete 37.04% CITY OF SEBASTIAN GOLF COURSE PkO/ECTS - FISCAL YEAR 2000 FUND 415 AS OF ~ 30, 2000 Project Number Description C9402 Chemical Room C9404 Tee Signs/I-Iole Locators C9405 Cart Paths C0401 Pro Shop & Bag Room Carpet C0402 Seal & Asphalt Parking Lot C0403 Irrigation System Upgrade C0404 Floyd Damages - Various ' C0405 Bag Room' 4,000.00 9,000.00 140,000.00 5,000.00 35,200.00 65,000.00 3,520.00 261.88 Current Prior Year Year All Years Expenditures ~xpenditurel Expenditures 250.00 2,082.08 2,332.08 466.61 466.61 133,181.72 133,181.72 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 261.88 261.88 261,981.88 134,160.21 136,242.29 Balance Complete 1,667.92 8,533.39 6,818.28 5,000.00 35,200.00 65,000.00 3,520.00 0.00 125,739.59 % Complete 58.30% 5.18% 95.13% 0.00% 0.00% 0.00% 0.00% 100.00% CITY OF SF_.BASTIAN AiP, PORT PROJECTS - FISCAL YEAR 2000 FUND 455 AS OF ~ 30, 2000 Project Number C0501 C0502 C0503 Description 5 Year Capital Improvement Plan Airport SuperUnicom System R/W Lighting and Security Fence Budget 300,000.00 42,500.00 135,000.00 477,500.00 Culrent ;Year EXpendituxes ~ 4,635.16 All Years Expenditures 4,635.16 Balance to Complete 295,364.84 42,500.00 135,000.00 % Complete 1.55% 0.00% 0.00% 4,635.16 4,635.16 472,864.84 1.55% CITY OF SEBASTIAN SCI~DULE OF INVESTMENTS s~a~ ~o,~ o~ ~~s~~,o~ . AS OF JUNE 30, 2000 GE~~ ~ 50.86% 2,585,385.17 LOGT 0.10% 5,192.31 DST ' 1.62% 82,114.04 DEBT SER~CE 2.83% 144,046.49 C~ PRO~CTS 4.13% 209,971.74 C~ I~RO~~~ 11.44% 581,459.14 T~SPORTATION 1.38% 70,392.27 GOLF CO~SE 16.56% 841,772.91 GOLF CO~SE ~o~t ~o~cts o.~ ~,ooo.o0 C~T~ T~VST V.1 PSETF · 0.02% 1,065.13 GETF 0.05% 2,755.23 ~RTF 0.79% 40,180.10 Sub-total 100% 5,083,145.09 ~ORT 100% '171,012,13 GOLF CO~SE 100% 417,756.75 PAV~G LO~ 100% 1,382,743.66 TOT~ 7,054,657.63 City of Sebastian, Florida Subject: Cost Share Agreement between Agenda No. 6~(9. / 74/~ St. Johns River Water Management District and the City of Sebastian Department Orig/n: City Manager for Su~~y.~ Mana~r Date Submitted: 7-27-00' For Agenda of: 8-~-00 Exhibits: Agreement between St. Johns River Water Management District and the City of Sebastian to Develop a Master Stormwater.Management Plan I OUNr BUdGEteD:]APPROPRIATION REQUIRED: N/A N/A ! REQUIRED: S~RY The attached Cost Share Agreement between St. Johns River Water Management District (sWJWMD) and the City of Sebastian governs the development of the commtmity's master stormwater management plan, as.;well as contributes a $100,000 towards the effort. RECOMMENDED ACTION Move to authorLze the City Manager to execute the Cost Share Agreement between St. Johns Water Management District and the City of Sebastian, governing the development of the community's master stormwater management plan as well as contributing $100,000 towards the effort. Contract #~D625.AA THIS COST sHAKE AGKEEMENT is e=ered into by amd between the GOVERNING BOARD of the ST. $OHNS RIVER WATER MANAGEMENT DISTKICT ("DISTRICT"), whose address is Post Office Box 1429, Palatka, Florida 32178-1429, amd CITY OF SEBASTIAN ("CITY"), whose address.is 1225 Main Street, Sebastian, Florida 32958. WITNESSETH THAT: ' WHEREAS, DISTRICT isa special taxing distric~ created by the Florida Legislature and given .those powers and responsibilities enumerated ha Chapter .373, Fla.-Stat., whose geograpkieal boundaries encompass India= River Lagoon; and" WHEREAS, DISTRICT has determi,,ed that its needs will be best served by .entering into a COST SHAKE AGREEMENT for services that eau be provided by CITY. NOW THE2,.EFOKE, in consideration of the payments here specified and which DISTRICT agrees to make, CITY agrees to furnish and deliver 'all materials, to do and perform all work and labor .required to be fumiahed cud delivered, done cud performed to Develop a Master Stormwater Management Plan~ ConU2ct #SD625AA, CITY egress to complete the Work in conformiV5 with the Comraat Documen~ and all attachments as defined herein and on file m the St. Iohas River. Water Management District. The Contra~t Doeumeaxts .consist of the following items, including ali modifications thereof incorporated in the Dom~rnemZs before their execution: AG~; EXHIBIT "A" - Scope of Work; and all attacZments hereto. All attachments and Contrac~ documents are part of thiz A~REEMENT as fully and with the same effect as ii'they had be~ set forth at length La the body of this AGREEMENT. A~RTICLE i - 'SCOPE OF WORK All Work will be per/ormed, in a~cordarme with EXZIIBIT "A", SCOPE OF WORK, entitled, '!Develop a Master St~rmwater Management Plan," attached hereto and by reference made a part of this AG~-/vlENT. ARTICLE ri . SCH~DIZLE OF WOR_K AND EFFEC~ DATE The effe~ve date of this AGREEMENT slmil be this __ day of ,2000. CITY will be xequired to commence work under the Contract withi~ fifteen (15) calendar da¥~ after the effe¢tive date of the AGREEMENT, to prosecute the Work diligently, and to complete the entire Work for use wi*hi, ten (10) months of the Bffeztive Date 'of the AGREEMENT, unless the date is extended by mutual agreement of the parties hereto. Time is of the essence. Pa~e 1 of 14 Contract ~SD625AA This AORF..MMBNT shall expire at 12:00 mid,~iEh, on ~e s~ day ~ ~e completion of&e Work ~ accordmoe ~t ~ date oaabhshed ~d~ ~CLE E above. ~ Ea:h p~ to ~e AG~E~ is rCspomible for ~ p~so~ ~j~ ~d prope~ d~e ~bmable ~ ~e .height ~ ~ o~siom of ~t p~ ~d ~e o~c~, employees ~d .~en~ ~ereof h .ad~fio~ each p~.is ~bjea w ~ pro,om of Scion 768.2~ Ph. S~t. (1999).. · B. ~ CI~ f~s ~ oomply ~ ~y of ~e ~, co~om, prov~io~, or ~p~a~om of ~ Con~a~ DIS~CT ~y av~ i~.o~l~y or ~ r~e~espro~ded ~ ~e Coa~aet ~d S~ ~vc ~e fi~ ~ pow~xo proceed ~ accord~ce ~ i~ pro~om. B. Co Bach pm'ty shall also acquire and maintain throughout the term of this.AGREEMENT such general liability, antomobile insurance, and workers' compensation insurance as required by thek mm:em rules and regulations. CITY hereby certifies to DIST1UCT that the Work to be performed pursuant to this AGI~IvIENT does not'and will not ~nf'ringe on any patent figh~. ARTICLE V - RESI~ONSmILITIES OF CITY CITY's Project Manager shall be. Terrance Moore, City Manager, or his designee. CITY shall follow th~ wrbal amd written direction of DiSTRiCT's Project Manager assigned to the work, All work authorized may be stopped by DISTRICT's ?rojec~ Manager at any point, which skall not result in loss of payment to CITY for services 'performed up to the time the Work has ceased in aocordance with this Contract. If CITY fails to perform under terms of this Contrac~ DISTRICT may elect to have CITY cease work until corrections are made at no .additional cost to DISTKICT and with no allowance for extension of time oz to terminate ff CITY fails or refuses to comply with the terms of this C1TY certifies it is au independent contractor and not DISTRICT's employee, nor are my of CITY's employees performing work under this AGREEMENT, DISTKICT employees. Page 2 of 114 I Conlra~ ~SD625AA I D. CITY shall be respo~ible for oomplefion and ~t~oe e~, ~olu~g but li~ked to, desi~ adve~g ~d biting, ~ ~ o~= r~ted ~t~ neoess~ for completion of~e projeots as de~ed. E. CI~ ~ ~elude ~ld ~ess ~d ~demni~eafion l~ge ~ ~ a~eem~s pzo~ee~ C~ ~d DIS~CT: "CO~CTOR ~ ~de~ ~d hold ~g~ea~ Dis~ ~ek public o~e~s, employees, ag~s~ represmz~ves, a~omeys fees ag~t ~e C~ of Seba~ ~d S~. ~o~ ~v~ Wa~ ~gement D~, ~g out of or ~ ~y way eo~e~ed ~ ~s. ~eem~ ~ rem~ ~om d~ges to pzop~, p~so~ ~j~, or loss of ~e. CO~CTOR ~d~Z~ds ~t ~ w~v~ ~eludes ~y el~ ba~ed on p~M or sole ne~g~ee, ~on oz ~a~on of CO~CTO~ ~ employees, mbeo~rs,' zepres~mfives, meeessors ~ ~ ~y on p~ or sole he,gene, aefiom oz ~o~ of~e Cky ~d ~eludes breed employees, ages, repres~fives, meeessors ~d as~." ' F. C~ ~ respo~ible foz prong ~ ~aing req~ed ~ college ~e work beyomd ~e ~o~ ~o be. pzo~ded by DIS~CT ~d~ ~C~ ~, P~a~aph E, below. G. C~ a~ees m ~olude a DIS~CT repze~m~afive om'~ eon~,~t eOmmi~ees. " :... · . .. · . . . A. DIS~T=s Exe~ve Dkemoz de~tes Troy ~ee ~ Projem ~g~ for p~oses 0f ~ee~ C~ ~ ~~g eoor~fion ~ r~ of ~ wozk.. ~ Projee~ M~n~g~ s~ ~ve sole ~ complete zespo~b~V to ~ ~om, reeMve ~o~fio~ 'appzove ~voiees, ~r~ ~d eomm~eate DIS~ po~eies ~d deei~om ~ ~espem ~o ~ ma~s p~en~ ~o C~ s s~iees. ~e Projem ~ ~ approp~e, o~ DiS~CT ~ployees s~ mee~ ~ C~ ~ neee~s~ ~o provide deeifiom for ~e d~on of ~e Woz~. ~s we~ ~ ~o r~ ~d eommem oa ~ ~epoms. No a~o~ out,de ~ Scope of Work s~ be ~fi~ed by C~ wi~ou~ requk~g a~on ~hi~ less ~h~n ~en~-fo~ (24) ho~s ~y be ~Z~ v~b~y by ~e Proje~ ~ger ~d fo~o~ed up ~ ~g ~ s~emV-~o (72) B. DIS~CT ~ be arable ~o CI~ to respond to quesfiom reg~ ~e project, ~ C. ~ is ~ez speed, ed ~ ~ A~~ DIS~CT sh~l~ pro, de ~y r~ews of ~y ~d ~ ~voioes md de~v~bles rela~ed to ~s AG~~ tab,ned by C~. ~ D. Upon ~e sa~fae~o~ completion of ~ Wor~ DIS~CT ~ pro, de a ~en sm~em~ ~o CI~ aeeep~ ~ de~v~ables. Contra~t #SD625AA Through this AG~, DISTRICT agrees to provide in the mount not to exceed, one hundred thousand and no/lO0 dollar~ ($100,000). as matching funds to develop a Ma,ter Stormwater Management Plnn ARTICLE ~ - DELIVERABLES Deliverables: CITY shall deliver all services, products, and deliverables as stated in the Contract, !t_EPORTS: CITY ~ submit monthly r~ports to DiSTRICT's Project Mau~ger .in a .fern approved by the PrOject lVlar~er. In addition to hard copies, all written deliverables (repora, papers, mmlyses, etc.)!shall be mbmitted in machine readable form in formats comisteat with .DISTRICT's mmdard software products. DISTKICT's smudard office aut°mation produm include the. Miar0suft~) Office Suite (WOKD, EXCEL, ACCESS, md POWEItPOINT). Othe~ formats may be a~cepted, if mamdly agreed upon by DISTRiCT's Project Matmg~ ARTICLE VIII This A~REF. NI~NT is subject to the availa' by the Florida Legislature to the Water 1V~ = and Chiafhformafion Officer. FUNDING ~iLity of funds from ~ annual appropriation magem~nt Lmds-Tmst Plmd (WMLTF), as provided for in S,~m 373.59, FI~. SI~, m~l Chapter 62-402, Fh. A~ Code, for ~e pa~ h~eof S~d ~ proje~ not b~ approved for ~ai~g by ~e ~ Tram F~d,' or ~ approved ~o~d ~ds ~de=im ~ver ~e oo~ of ~ AG~ not be placed ~to ~e~. ~mst. ~ ~e. mdc av~able to DIS~CT, ~ ~s A~~ ~hall be .~ ~d vo}d md ~IS~CT ~ not.be ob~gated m C~ ~ Iff a/%= th~ effective date of the AO~ is established, should ftmrtlng by the WML .Trust Fund terra, ate, DISTRICT mW termiu~.te ~ AGKEF_aM]ENT upon thirty 00)' days writtm notice to CITY and ahnkl be liable only for ,ach co~ a~ a~mally incurred by CITY up to the date of terrnln~tion. '-&R~E IX - ,COMPENSATION Amount of Funding: For satisfactory performance of the Work outlined i~ the Contract, DISTRICT agrees to pay CiTY a mm in the mount not to mrceed one hundred thousmd md no/100 dollars ($100,000). Invoicing 'Procedure: All invoices shall reference the Contract Number provided on the first page ofthi~ AOKEEM2ENT and shall be mbmitted to Director, Division of Financial lvlanagement, ?. O. Box 1429, Palatka, Florida, 32178-1429. CITY ~h~ll submit itemized monthly invoices based upon the actual worx perfomed md shall bill as per the Project Budget included in EXHI~IT "A". Invoices which do not correspond to the Project Budget will be returned to CITY without Page 4 of 14 Contract ~SD625AA Payment: DISTRICT'sha~ pay CITY one hundred perceat (100%) of each approved invoice vdthi~ thkty (30) days of presentation. Payments due md unpaid under this AGI~.~.MENT shall not bear interest. Release: CITY agrees that acceptance of the payment, shall be considered as a release in full of all claims against DISTRICT or any of its members, agents, mad employee% arising out of; or by reason of~ the Work done and materials furnished under AGI~EIVIENT. lh-ior to, or in conjunztio= with ~n~l payment, DISTRICT stroll review amd detelTn_, ine that CITY has fully and satisfactorily completed the required Work under ~ AGREE1VIE~. if DISTRICT determ._ines that. CITY ha~ complied with the tenm and conditions of this A~i~.W. METCr, then accept~ce of fmal payment by CITY shall be considered as a release in full' of ail claims by DISTRICT .against CITY, or any of members, agems md employees, arising out off or by any reason oJ~ the Work to be done _and material~ furnished under this AO~lkr'f. ARTICLE X -' OWNERS]~r~ OF DOCUB~NT$. Ownership and copyright to all reports and all accompanying data (in all formats) produced pursuant to this AGREEMENT shall be vested in DISTRICT and CITY. CITY skall include language in all subcontracts which clearly indicates that Ownership and Copyright .to all materials produced. patsuant to this. AG~....~hal! remain with DISTY, ICT and'CITY. .. . : Amy source documents or any other documents or materials developed, secured or used in the performance of this contract shall be considered property of DISTRICT and shall be safeguarded by CITY. The original documents or matemls, excluding proprietary material% shall be provided to DISTRICT Upon. the expiration or termination of the contract, as out!~ed in the scope.ofwoflg or upon request of DISTRICT. ' ARTICI~.XI -. SUBCONTRACTING CITY ~ not sublet, assign, or transfer any work under this AG~ without the wri~Zen conseat of DISTRICT.' When applicable, and upon receipt of such ~onsent in wr~g, CITY shall cause the names of the firms responsible for such portions of the work to app ear on the work CITY agrees to notify DISTRICT of all mbcontracts no less than ten (10) calendar days prior'to the effective date of the subcontracts fez the purpose of approval. CITY agrees to provide DISTtUCT with an ex, outed copy of all subcontracts wi~b~ ten. (10) calendar days afar the effective date of the subcontract. CITY agrees to be responsible for the fulfillment of all work elements included in the mbeox~traets and agrees to be responsible for the payment of all monies due under any subcomtract and hold DISTRICT harmless f~om any liability or damages ari~iug under or from any subcontract to the extent allowed by law. No~hing in this AGREEMENT shall c~eate any eonm~etual relationship between oxy subcontractor and DISTRICT. Page 5 of 14 Conu'aa #SD625AA ARTICLE XIi - CHANGES IN S_ERVICE REOUIREMENTS DISTRICT and CiTY may at any time, by mutual writte~ agreement in the form of an amendment to th~ AGKEB~, make changes withi~ the general scope of this AGREE/ViENT in the services or work to be prorided. Neither par~y to this AG~ atmll unreasonably withhold consent to any written amendment to this AGREEMENT. ARTICLE ~ - INTEREST OF CITY Unless otherwise declared in an addendum, CITY certifies that no officer, agent, or employee o£ DISTRICT has any material interest (as deliued in Chapter 112, Fla. Stat., as amended) either directly or indirectly, in the business of. CITY to be condu.cted here, and that no such person shall have any mchinterest at any time dmSJ~ the term of this AGRBBM[ENT. ARTICLE XIV - CANCELLATION Bach party to ,hi~ AGI~EEMENT reserves the right to unilaterally cancel this AGP. EEiVIENT for rdusal by the other party m ~ow public access to all documents, p'apm, letters, or ot~ material related to this AGREEMENT cud subject to the provisions of Chapter 119, Fla. Stat., as amended, A.R.TICLE X-V -'.ASSIGNME~NT CITY shall not assig~ the Contract or sublet it as a whole without the written consent of DISTRICT nor shall CITY assign any moneys due or to become due to it h~rmuder, without the pr~ious written consent o£DISTKICT. ARTICLE X'VI - AUDIT: AcCEss TO RECORDS CITY agrees that DISTRICT or its duly authorized representatives shall, until the expiration of three (3) years afar ex~enditllre of ftluds under ,hi~ AGREE~, have access to ex~mi-e any of CrlT's .books, documents, papers, and records involving transactions relmd to ~ AGREEMENT. CITY agrees that payment(s) made under this AG/~W.~.lVIBNT ~hull be subject to reduction for mounts charged which are found on the · basis of audit e:ramln~tion not tO constitute/lowable costs. CITY ~ refund by check, payable to DISTRICT, the amount of any reduction of payments. Ail required records shall be maintained until au audit has been completed and all questions arising from it are resolved or until, three (3) years after completion of the Work and submission of a final invoice, whichever is sooner. CITY will provide 'proper facilities for access to and h~pecfion 0fall required records. Page 6 of 14 .I I I I I I I I I I I i I I I I I I I Coz/mac~ #SD625-~A ARTICI~ XVII - CIVIL RIGttTS · Pursuam'to Chapter 760, Fla. Stat, CITY shall not discriminate against an~ ~mployee o~ applic~ for employment because ofraoe, color, religion, scx~ or national ofigi~ age, handicap or mmital ~at-us. ARTICLE XVJJI - CONFLIC~G E1VfP~~NT CITY agrees C~m~ a~ the ~ime of execution of this Contract ~ ~s no r~ ,or ~mployment AG~~, oral or ~ ~ ~y ~d p~ rda~ to ~y ma~s ~dv~s~y ~e~ ~y ht=e~ or po~on of DIS~CT, C~ ~ no~ accept d~g ~e ~ of ~s Con, act ~y r~ or ~lo~t ~om a ~d p~ whose ~t=e~s appe~ to be acing or ~eonsi~ ~ ~ose of DIS~CT. Notw/~ding the foregoing paragraph, CITY rosy accept retainers from or be employed by third parties whose interests appear contticting or inconsistent with those of DISTRICT i~ after full w~itten disclosure of the hms to DISTRICT, DISTRICT determines that the appaxent comfl.ict gaall mot interfere with the performanze.of the Work by CITY. ARTICI~ XIX - ~ON-LOBBYI~G pUrmant to Scion 216.347, Fla. Stat.,:'CITY hereby agrees that monies received bom DISTRICT on this Contract will not be used for the purpose of lobbying the Legislature or any other sta~e ageaey. Bo ARTICI~ XX - TCRMINATION$ Termination for Default: This A6P. EE~ may be terminated in whole or in part in writing by either pray in the event of suborn*icl failure by the.other party to fulfill its obligations under this AGR.EE_M]~NT through no fauk of the texrnln~ting party, prov/ded that no termination may be effected unless the other party is given: (1) not less than ten (10) calendar days vritten notice delivered by certified ma/i, remm receipt requested, and (2) an opportunity for conmltation with the other party prior to termi~ation~ Termination for Convenience: This AOREEMENT may be terminated in whole or in part in writing by either party provided that the other party is given: (I) not less than thirty (30) calendar days written notice delivered by certified mail, return receipt requested, of intent to terminate, md (2) an oppommity for consultation prior to termination If termination for CITY's default is effected by DISTRICT, an equitable adjustment in the price provided for in this AGKEEMENT shall be made, but (1) no mount ~ be allowed for unperfornmd seawices, and (2) any payment due to CiTY at the time of Page 7 of 14 Contr~'~ #SD625AA tarmination shall be adjusted to cover any additional costs to DISTRICT because of CITY's default. If termination for DISTKiCT's default is effected by CITY, or if tarmkmfion for convenience is effected by DISTKtCT, the equitable adjustment shall provide for payment of all sendce% nmteatials, and costs, including prior oommlttnelE incUn-ed by CITY up to the termination date. Upon receipt of a teawninadon action under paragraphs "A" or '~B" above, CITY shall: O) (2) Promptly discontinue all affected wark 0~less the notice directs otherwise), and deliver or otherwise make av~ilabl~ all data, drawings, specifications, reports, estimates, summaries, and ~uch ott~ ir~omation md materials as may have been of Florida. Upon terr~;nation Under Paragraphs "A" o/- '~B" 'above, DISTRICT nmy take over the work oz may award another party a contract ko complete the work I~ mt%er tarmi,~fion for failure of ciTY to ~ oonlra°mal obligation% it is det~a-m~ned that CITY had not fmiled to fulfill oontr~o"tual'obligatio~, the termination shall be deemed to have been for the convenience of DISTRICT. Iu such ever the adjuZaneat of compensation shall be made as provided in Paragraph "C" ofth~s se~om rms oo ed t ret d aooo di State ARTICLE X%~ - CONSTRUCTION OF AGREEM~iNT This AGKEE~ shall not be eomm-ued more strictly ag, ln~t one. pa~ than agains, the other merely by virtue of the fact that it may have'been prepared by counsel for one of the parties, it being recognized that both panie% DISTKICT and CITY, have contributed substantially and materially to the preparation hareo5 A.KTICLE ~ - ENTIRE AGREEI~ENT This AGREEMENT upon execution by CITY and DISTRICT, a~l the comract documents constitute the entire Agreement of the parties. The parties are not bound by any ~pulafion% representations, agreement% or promises, oral or otherwise, not Printed or inserted in this AGRF~IvI~NT. CITY agrees that no ~epresentations have been made by DISTRICT to induoe CITY to euter into this AGREEMENT other thau as expressly mated by this AGKEEMENT. Tbis AGKEEMENT canaot be changed orally, nor by any means other than written amendments referencing ~ AGREEMENT and signed by all parties. Pa~e $ of 14 Coatmm #SD625A_A iN WITNESS Brf-IERBOF, tie ST. JOHN'S RIVER WATBK MANAGEMENT DISTKICT has caused this contra~t to bs ~ecnted in its name by its Executive Directo: and the CITY OF SEBASTIAN has eansed this cataract to b~ executed in its name by its duly authorized repres~ut~tives~ an~ if app~opriate~ has caused it~ se~l to be attached, all on the day and year first above written. ST. $OPINS Ri'VBKWATER MANAGtEvIEIqT DISTRICT CITY 0P Sg-~ASTLa2q By:. By: Hmzry Dean, Executive Director Typed Nam ~1 T~ Typed Nmme aaa Titl~ APPKOlrBD BY THE OFFICE OF ~ COUI~SEL John 5V. Williama, Deputy Gea~ral Counsel St. Johm Riv~ Water lVlaaagemeat Dim'lot Page 9 of 14 Contract #SD625AA ~IT ~A' - SCOPE OF WORI{ CITY O1~ SEB~STTAM D]~VELOP A MASTER STOR1V!W~A~R MASER PLAN CITY will develop and prepare a Master Stormwater Plaz which will: 1) Alleviate recurriag flooding in streets and y~rfls; 2) Reduce etischarges offi-esh water; , 3) Reduce autrient ~md pollutioa loading to the St. Sebasfia~ River The plma will identify the most practical altemative~ for implementing comrmaetion proj ecrm and other best management pra~oes 0gMP's) to achiev~ the goals. ! 1) CITY's watershed (9,000!-_ acres) lies between lhe west shore of the Indian River Lagoon (I/LL) and t, ke south prong of the St. Sebsmim Pdver and as such stormwater runoff water quality improvements are vital to achieving environmentafl goals in these two water boil/es. The 8ebaslia~ Highlands (5,5002: acres), ~ubdiMfion developed i~ the 1960's with minimal stormwater managemeat infrastructure, lies v0*',i,, the watershed. The drainage basin area lies witKm the South Central IRL Unit ofthe St. 7ohms River Water Management District. The Master. Smrmwater M~,,~gement Plan is s~ucmred to identify and. prioritize practical solutions to alleviate the flooding and reduce hamf~ discharges to the IP, L. The two primary goals are: 1) Identify possible best management practices (BMP's) to improve the water quality of discharges to the ,qt. Sebastian River and the IP, L to meet the following goals: 65% or greater reduction in the total Annual Icad of total nitrogen (TN), total phosphorus (TP), aad total suspended solids (TSS) OP~ The followiag areal loarti~g rates, in lb/ar~/yz.. Can be used: 2.0 for TN, 0.2 for TP, and 30.0 for 2) Identify local flooding problem areas ~ possible solutions to address the flooding. In addition to the two primary gods stated above, several additional goals will also be ex, mined. These addifiop~! goals are: 1) Identify possibilities ~o reduce the volnme of fresh water discharges to the St. Sebastian River and the Indian River Lagoon with targets of 70% reduction in the mean' ~,~nual peak and 30% reduction in the l-in 10-year peak. 2) Identify possibilities available to increase recharge to the mmficial aquifer uaderlying the City. 3) Work with DISTRiCT, as needed, in desigming the proposed Stormwater Park o~the 146 ·ores acquired by DISTI~ICT in the Seba~dar_ Highlands. Page 10 of 14 Contract #SD625AA The Master Stonnwater 1Vianagmment ?1an tasks ~clude: 1) Upda~ ~e ~g ICPR ~lood ~e ~mp~ed by Crav~ Thompson ~d Associates, he., Sept~b~ 1997) to holude ~e ~s~g major ~v~s ~d ~ adjm~ statff~or~e ~* dam based om ~proved mpo~ap~c 2) Update ~e hy&olo~o poRufion loa~g modM ~rep~d by Crave~ ~ompson Associates, ~c., 199~; 3) Prepg¢ a h~ of praofioM B~ based on ~ av~ab~ of l~d, ~vkon~t~ bestirs, ~d co~s. 4) Prep~e ~ H~ ofnon-oo~oa 5) Id~ ~g so.ce. 2) The Master Plan will include elements, which address the N'PDE$ requirements. The elements may include public education, public involvemem, constm~on site s,ormwater runoff control, illicit discharge detection and elimination."' "' ' 3) The proposed project is in aCcordmace with the 'objectives of the £ollowing governmental 'agency p]~: [] The I~L Comprehe~ive Conservation and M~n~gement Plato (CCMP), January 1996' Goal 1 - to attain a~d maintain water and sediment of sufficient quality to support a healthy e~uarine lagoon' system. " [] DiSTI~CT -Polioy '~PreVent Adverse Sm-face Water Imp~ts Ass°ciated With l~umre Developmeut Through the Management cud Storage of Surface Waters/Stormwater Permitti~ Process,' by providing a su_ffaee water system for au area th~ has been developed (cml could be ~.developed) without one. · City of Sebastian-Kesolution #99-53, Grant Application with DISTKICT for '$tormwat~ Master Pla~ dated 11/17/99. Tits resolution demomtrates public support. 4) The development of the Master Stormwater Plan will lead to furore projects to reduce the frequency and severity of the flooding within the watershed. Currently, the area is subject to nuisance flooding and road questionable during storms. 5) The future retrofit stormwater projects outlined in the Master Plan will improve the quality of the discharge water by providing treatment and/or attenuation of ranoff. CITY is curmutly experiencing a period of robust land development. As build out contimaes, we would expect an increase/n the levels of stormwater nmoffvolume and nutrient levels. The Master Stormwater Plan will reduce the impaet~ of "storm surge" flows and untreated runoff pollution loadings. The plan will identify practical stormwater tremment retrofit projects or alternatives, which can be coastmcted on presently vacant land. Please note that much of the available vacmt land is under private ownership and mbje~ to intease developmeni pressure. Therefore, the plan should prioritize acquisition of parcels and provide an implementation schedule for same. Page 11 of ] 4 6) Contract #SD625AA tt is anticipated that wet detention stonnwater treatment systems will be amo~ tim identified altemmtives. Attenuation of "storm surge" ,fresh water hnpacts mxl reduced pollution loarli~gs are expected. Hm*m to the receh4ng Water due to "storm surge" type flows occurs during au7 ~i~cant storm The SeMstiim CitT Cotmcil has approved, by resolution (see Kesolution #K-99-53, dated 11/17/99, coPY attached), this Grant Applic~fi0n for the ~ubject Master Stormwater Plan. The Council under,ands that a Cost Shin-e! Agreement will be required if the Grant App~oation is approved. The Grant Application for the develoPment of~a M~mter Stormwater Phc includes a 33.3% match from CITY CITY is ourreatly implementing previously identified BMPs with funding from a Florida Depm-meat of ~mvironmeatal .Protection .(FDEP) Section 319 Grant amd with funa;~g md technical .support from DISTRICT. CITY anticipates that the B1ViPs identified in the Master Drakmge Plum will ~e implemented by a combination of both DISTRICT and'FDEP Section 319 grants~ and ,cal funding. · CITY has not established a dedicated fundiug source at thi'~ time. However, CITY ]mss earmarked funds for this project in tlmir 1999-2000 fmcal year budget. Future BMP implementation projects will be addressed during the aunual budget preparation process. CITY las appropfisted $1,000,000 dollar~ for fUndin~ storn~ ater ~,~rr~tmctum nmintenance from 1999th. rough2000 [ ..... ... . ... The proposed project is'to develop a Master Stormwater Plm~ wkich in itself will not require permits. HoWever, the plan will identify B1ViPs that =my require, permits prior to constmcfio~z The pm-mits required for individual BlVI~s will vary according to ~ite specific existing conditions and the proposed improvements. HoWever, it i~ anticipated ttmt the typical BMP may require DISTKICT F_mviron~ental Kesource and U.S. Army Corps of Engineers pm-mits. [ . :.. ~ The Mimter Stormwater Plan will take approximately ten months to coaplete. However, a goal of identifying a least one (1) feasible BMP within six (6) months is included. This identified BMP will. be in support of implementing the proposed City Stonnwater ?ark (Adams Parcel). CITY reco?i~,es that the impleme.~tafion phase ~ no doubt require years in view of existing fimding sources. Therefore, it is important to select, fund and commence constm~on on an alternative(s) during the next grant cycle (2000). Page 12 of 14 Con~o~ #SDi25.6~A CITY OF SEBASTIAN 1MASTER STORM~ATER PLAN: 'WORK PLAN Engine~ing/Sm-vey Dat~ Collection Phase 1, Topographic Survey iacluding the beginning of a City-wide benchmark System, Existing 1Viajor Slormwatar Culverts and Proofing of AdlCPR Model Impm Data 2, Avdlable land inventory Analyze Data Pimse 1. Update Existing AdICPP. Hydrologic Model inchading 100 year model 2. Update tim Hydrologic Pollution Loading Model 3. Idemfify Best lV~magement Practices (B1VIPs) A) Stonnwamr Management Coasmacfion Projects . · ..Preliminary Bnvkonmem~l Assessment · Flood and ?olludon Loading Keduction A~sessmcnt , · ,Opinion of Construo~on Costs B) Stormwater 1VIarmgemeat Bducafion and CiU Regulations C) Wozk with DIST1LtCT, as .needed, in designing the proposed Stormwater Park on the 146 am'es acquired by DISTRICT in the S ebasfian Highlands Ideadfy a Funding Source Prepare aa lmplememtafion Schedule A. Prioritize the B1VXP s Al. Identify one (1) BMP for implementat/on v~thin six (6) months of contract initiation in support of CITY's Stonnwater Park Project. B. OWtine a 10-Year Funds. Capital Improvements Plan with projected .CITY and Grant PROJECT SOq'EDi~E PROJECT TASK SCHEDUI~ I. A, Data C°lle~tion B. Analyze Data August 15, 2000- November 1, 2000 September 15 2000-iV'my 1, 2001 ii. Identify a fundiug source September 1, 2000-March 1, 2001 Select BMP in support of Stormwater park implementation .Prepare au Implementation Schedule December 2000 March 1, 2001 -April 30, 2001 Page 13 of 14 C. PROYJ~CT BUDGET PI~O J'~CT TASKS Engineering/Survey A. Data Collection phase 1. Topographic Survey including the begintdng of a City-wide Benchmark systen~ vezifying some of the exist~ major stormwatez c~tlvens and proofing of AdiCPK MOdel Input Data 2. Available Land Inventory " ~. 1. Update ex~ AdIC?K HydrOlogic Model including 100-y~. MOdel 2. 3. Update the Hydrologic Pollution Loading Model Identify Best M~n~gement PractiCes (BM~s) ~) s) II. Identi~ a Fundiag sOUrce CITY Corm'act #SD625AA DISTRICT $12,000 (cash) $28,000 (cash) $ 1,soo..(oa) s s,ooo (ca) s lo, coo (ca) s :,ooo (ca) Stormwater Management Constm~On Projects · .Prclfmin~ Enx4ro~r~entalAsseSmment'$ · Flood and Pollution Loading P~du~on · Kedu~on Assessment · Opinion of Construction Stormwat~ Mmmgement Education ,md City l~gulatiom ' rTL Prepare an Implementation Schedule A. Prioritize the BIvIPs Select 1 BMP for implementation within 6 monihs B. O~tllne a ] O-year Capital Improvements Plan with Projected City ~ands Subtotal~ Pa~e 14 of 14 Total Pmject $20,000 S 4,000 (ca) 4,000 $ ?,ooo $ 2,ooo $1,$oo (/n~) $ 2,soo. fca) i,$oo 2,000 (in $ s,ooo (cash) t~,000 (cash) 4,ooo (ca) 3,000 (~a) $ 5,ooo (cash) $ 2,ooo (=a) $ 2,ooo 3,000 3,000 (~ash) $44,soo (ca) 5.500 (in ~_~d) $50.000 $100,oo0 (cash) $100.000 City of Sebastian, Florida Subject: FRDAP Grant for Agenda No. l~)0 / 7t~ Improvements to Baxber Street Recreational Facilities Department Origin: City Manager Date Submitted: 7/31/00 For Agenda off 08/09/00 Exhibits: FRDAP Grant Agreement [ AMOUNT BUDGETED: EXPENDITtYRE REQUIRED: NL5, [ N/A SUMMARY LRE APPROPRIATION QUIRED: The attached Grant Agreement between the City of Sebastian and the Depaxtment of Environmental Protection/Florida Recreation Development Assistance Program (FRDAP) is . for improvements to the Barber Street Sports'Complex. The Department of Environmental Protection agrees to pay their share of the project costs, on a reimbursement basis, funds not to exceed $150,000, RECOMMENDED ACTION Move to authorize the City Manager to execute the Grant Agreement between the City of Sebastian and the Florida Recreation Development Assistance Program for improvements to the Barber Street Sports Complex. Department of E'nvironmental Protection ~ .- -------- --- HarjoryStonemanDouglasBuilding Jeb Bush 3900 Commonwealth Boulevard Governor Tallahassee, FJorida 32399-3000 July 25, 2000 David B. Struhs Secretary Ms. Martha Campbell' City Engineer City of Sebastian 1225 Main Street Sebastian, Florida 32958 Barb~ Street Sports FRDAP Project No. F01049 Dear Ms. Campbell: Thank you for your letter accepting the Florida Recreation Development Assistance Program (FRDAP) grant. The grant agreement has been prepared in accordance with your acceptance letter. It is important that you review the agreement to ensure that information specific to your proj eot is accurate. Please execute and return both original copies of the agreement. In signing thc agreement, do not complete the blank space for the date. Our staf£will date the agreement when formally execmed by the Department and one original copy will be returned to you. Thank you for your attention to this matter. If you have any questions, please contact us at (850) 488- 7896 or Suncom 278-7896. Sincerely, Enclosure Linda Reeves Community Assistance Consultant Bureau of Design and Recreation Services Division of Recreation and Parks Mail Station #585 "More Protection, Less Process" Primed on recyded Ix~per. F104~ _ (DEP Contract Number). FLOEIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM Project Grant Agreement - Development This Agreement is made and entered into th~s day of , 200__,, by and between the State of Florida,'DEPARTMENT of Environmental Protection, hereinafter called the.DEPARTMENT, City Of Sebastian, hereinafter Called the GRANTEE, in furtherance of an approved public 'oUtdoor recreation project. In consideration of the 'mutual covenants contained herein and pursuant to ss. 375.021 'and 375.075, Florida Statutes, and Chapter 62D-5, part V, Florida Administrative Code', the parties hereto agree as follows: 1. This Agreement shall be .performed in accordance with ss. 375.021 and 375.075, Florida Statutes, and Chapter 62D-5, Part V, Flor'ida Administrative Code, hereinafter called the RULE. The GRANTEE shall comply with all' provisions of the RULE, which is incorporated into this Agreement by reference, as. if fuliy Set forth herein. It is the intent of the DEPARTMENT and the GRANTEE that none of the provisions'of Section 163.01., Florida Statutes, shall have application to this Agreement. Pag~ 1 of 14 2. Failure to comply with the provisions of the RULE or the terms and conditions of this Agreement will result in cancellation of the. Agreement by the DEPARTMENT. The DEPARTMENT shall give the GRANTEE in violation of the RULE or this Agreement a notice in Writing of .the particular violations statin~ a reasonable time to comply. Failure to comply within the time.p riod stated in the written notice shall result in cancellation of the'Agreement and may result in the imposition'of the terms, in paragraph'[9. 3. The DEPARTMENT has fohnd that public outdoor recreation .is the primary purPose of the.projeCt.known .as Barber Street Sports' "(Florida Recreation Development Assistance Program, FRDAP Project Number F01049), hereinafter called ~he .PROJECT, and enters into this Agreement with the ~Rg_.~TEE.. for the tevelopment~ of that real property, the legal description o'f which shall be 'submitted to the DEPARTMENT as described in the Florida Recreatio.nlDeve!opment Assistance Program Development Project Pre-reimbursemeht/C0mmencement Documentation Form, DEP ~orm FPS-A034. 4. If the DEPARTMENT determines that site control i's not sufficient 'under the RULE the DEPAR~ notice in writing and a reasonable cannot be reasonablY corrected with: ~MENT shall give the applicant a ime to comply. If the deficiency ~n the deficiency period or.within the time specified in the letter, wiichever is later, the DEPARTMENT shall cancel this AGREEMENT. Page 2 of 14 I I I I I I I I I i I I I I I I I I 5..The GRANTEE shall construct, or cause t° be construc.ted, certain public outdoor recreation facilities .and' improvements consisting of the following PROJECT elements which may be modified by the DEP.ARTMENT if GP_ANTEE shows good cause: Skateboard Park,' Picnic Facilitzes, renovate Playground, parking, Restrooms, Landscaping and Other Related Support 'Facilities~ ~ 6'. Prior.to commencement of PROJECT land development, the GRANTEE shall submit the documentation requzred by the Florida Recreation Development Assistance Program Development Project Pre- reimbursement/Commencement Documentation Form, DEP Form FPS-A034, referenced in S. 62D-D.058 (6)(.f) of the RULE~ to the DEPARTMENT upon determining that the documentation complies with the RULE, the DEPARTMENT will give notice to GRANTW. E to c0mme,nce the 'development. 7. The DEPARTMENT shall paY; on a rezmbursement basis, the GRANTEE, funds not to exceed $150,000, which wilI pay the DEPARTMENT'S share of the cost of the PROJECT. DEPARTMENT fund 'limits are based'upon the following: DEPARTMENT Amount $$50,000 - .~ ' 50% ' GRANTE'E Match . $150', 000 .50% Type of Match '. Cash and/or In-Kind S~l-vices . The PROJECT reimbursement request shall 'include all documentation required by the DEPARTMENT for a proper pre-audit 'Page 3 of 14 and poSt-audit review. Within Sixty (60) days after receipt of the .request, the DEPARTMENT'S Contract Nana~er shall review the completion documentation and payment request from the GRANTEE for the PROJECT. If the documentation is sufficient and meets the requ!rements of the Florida Recreation Development Assistance Program Completion 'Documentation Form, DEP Form FPS-AOBT, referenced in s. 62D- 5.058(6)2(g), the DEPARTMENT will approve the request for payment. 8. Prior to commencement of PROJECT construction,, the GRAlqTEE s~all submit for DEPART~T approval the documentation described in' the Florida Recreation Development Assistance Program Development Project Pre-reimbursement/Commencement Documentation Form, Form FPS-A034, referenced in s. 62D~5.058(7) (c)of the RULE, ~he DEPA/~TMENT will· approve the request, for payment. 9.. The Grantee shall obtain all required local., state and federal environmental construction permits and approvals prior to commencement of project· construction and shall certify to the Department by completing the Permit~in~ Certification, FPS-A034, referenced in s. 62D-5.058(7) (c) of 10. The GRA1TTEE agrees to the RULE. comply with the Division of Recreation and Parks' Grant and Contract Accountability Procedure, hereinafter called ~he PF.OCEDURE and incorporated into this Agreement by reference as if fully set forth herein. Ail purchases of goods and services for 'iaccomplishment of the PROJECT Page 4 of 14 shall be secured in accordance with the GRANTEE'S adopted procurement procedures'. Expenses representing the PROJECT costs, including the required matching 'contribution, shall be reported to the DEPARTMENT and summarized.on certification forms provided in the. PROCEDURE., The DEPARTMF/kwf and 'GRANTEE agree to use the PROCEDURE guidelines accounting for FRDkP funds disbursed under the PROJECT. The parties further agree that the principles for determining the eligible costs, supporting documentation and minimum reporting requirements of the PROCEDUR~ shall be used. ll. The GRANTEE~ shall retain all records supporting.PRGJECT costs for three (3) years after the fiscal year in which the final pROJECT payment· was released~bythe DEPARTMENT or until final resolution of'matters ~esu!ting from any litigation, claim or audi~ that started prior to the expiration of the three-year retention period. The DEPARTMENT, State AuditOr General, State Comptroller and other agencies or entities with jurisdiction shall have the right to inspect and audit the GRANTEE,S records for said PROJECT within the three year retention period.' 12. PROJECT funds may be reimbursed for eligible preagreement, expenses (as defined in s. 62D-5.054(29) of the RULE) incurred by GRANTEE prior to execution of this Agreement as set forth in s.62D-'5.055(9) of the RULE. The DEPARTMENT and the .GRANTEE fully understand and agree that there shall be no reimbursement of PROJECT Page 5 of 14 funds by the DEPARTMENT for any expenditure made prior to the execution of this Agreement with the exception of those expenditures · which meet the requirements of the fo~regoing sections of the RULE. !3. This Agreement shalllbecome ~ffective upon execution · and the GRg.~TEE shall complete construction, 'of all PRO.CT elements on or before " . The completion date ·may'be extended by the DEPARTMENT for good cause at the written request of the GRANTEE and such irequest must be maae priorito the 'PROJECT completion date' i4. The DEPARTMENT'S Contract Manager for the purpose of this Agreement shall be responsibleifor ensuring performance of ihs terms and-conditions and shall appr6ve all reimbursement requests prior to Payment. The GRANTEE'S Li ison Agent, as identified in the PROJECT application, or successor, Shall act On behalf of the GRANTEE relative to the provisions of.this Agreement. The GRAAVTEE'S Liaison Agent, shall submit to the DEPARTMEN~ signed PROJECT status reports every ninety (90) days summarizing ~he work accomplished, problems encountered, percentage of completion, and other information which may be requested by.the DEPARTMENT, .PhOtographs to reflect the construction work accomplished sha!~ be submitted when'the DEPARTMENT requests them. 15. All monies expended by contained herein shall be sUbject tc Page 6 of the GRANTEE for the purpose pre-audit review and approval by 14 the Comptroller. of Florida in accordance with s. 17.03, Florida Statutes. 16. Each Party hereto agrees that it shall be solely responsible for the wrongful acts of its employees and agents. 'However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of s. 768,2@, Florida Statutes. 17. The GRANTEE shall comply with all federal, state and local 'rules and regulations in acquiring and developing this PROJECT. The GRANTEE acknowledges ·that this requirement includes compliance with all federal, state and local health and safety rules and regulations. The GRANTEE further .a~rees to ensure that the GRANTEE'S contra, ct'will include the requirements of this paragraph in all subcontracts made to perform this Agreement. 18. The DEPARTMENT has the right, to inspect the PROJECT and any and all records related.thereto at any reasonable time. 19. This Agreement may be unilaterally canceled by the DEPARTMENT in the event the GRAlfUEE refuses to allow public access to all documents, papers,, letters or other materials made or received in conjunction with this Agreement pursuant to the provisions'of Chapter !19, Florida Statutes. 20. Following receipt of an audit report identifying Page 7 of 14 any reimbursement due the DEPARTMENT for the GP32qTEE'S non-compliance with this Agreement, the GPJukTTEE will be allowed a maximum of thirty (30) days to submit additional pertinent documentation to offset the amount identified as being due the DEPARTMENT. Th~ DEPARTMENT, following a review of the documenta inform the GRANTEE of any reimburse 21. The DEPARTMENT shall refund, either in whole or in part, tion submitted by the GRANTEE, will ment due the DEPARTMENT. mlso have the right to demand a Of the FRDAP funds provided to the GRANTEE for non-compliance with thei material terms of this Agreement.' The GRANTEE', upon such written not~fication from the DEPARTMENT, shall refm-~d, and shall fOrtSwith pay to the DEPA. RTM.~,. the amoun, g of money demanded by the DEPARTMENT. Such refund shall include interest calculated at two (2)'percent over the prevailing prime rate as reported by the Federal Reserve on.~he date'the DEPARTMENT calculates the amount of refund due. Interestl shall be calculated from the date(s) of payment(s) to the GRANTE~ by the DEPARSTEENT to the date repayment is made by GRANTEE. 22. The State of' Florida'~ performance and obligation tO pay under this Agreement is contingent ~on an annual appropriation by the Florida LegiSlature. i 23. Allowable indirect colors shall not exceed 15% of the' GRANTEE'S e!fgible wages and salaries. Indirect costs that exceed 15% Page 8 of 14 I I I I I I I I i I I I I I I I I must be approved in advance by the DEPARTMENT to be considered eligible PROJECT expenses. 24. If asphalt paving is required for the PROJECT it shall conform to the Florida DepartmenZ of Transportation's specifications for road and bridge construction. Bid specifications, contracts and/or purchase orders of the GRANTEE must specify ~hicknes$..of asphalt and square.yards to be paved. 25. Prior to f'inal reimbursement, the GRANTEE must erect a permanent information sign on the PROJECT site which credits PROJECT funding or a portion thereof, from the Florida Department of Environmental Protection and the Florida Recreation Development Assistance Program. .26. Land oWned by ~he GRANTEE, which is developed or acquired with FRDAP funds, shall 'be dedicated in perpetuity as an outdoor recreation site by the GRANTEE for the use and benefit of the public as stated in Admini'strati.ve Rule 62D-5.059(2). ~The dedication must be recorded in the. public property records by the GRANTEE~ Land under control other than by ownership of the.GRANTEE such as by lease, shall be dedicated as an outdoor recreation'area for the use and benefit of the general public for a minimum period of twenty-five (25) years from the completion date set forth in the PROJECT completion certificate. The dedications must be recorded in the public property records by the GRANTEE. Such PROJECT shall be open at reasonable times Page 9 of 14 .and shall be managed in a safe and attractive, manner appropriate for public use. 27. The employment of unauthorized aliens by any GRANTEE is considered a violation of s. 274A(e) of the.Immigration and Nationality ACt. If the GRANTEE knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of. this Agreement. The GRANTEE shall be responsible for ~nctuding this provision .in all subcontracts with ~rivate organizations made to perform this Agreement.. 28. No person on the grounds of race, creed, color, national origin, age, sex, marital status or!ability level, shall be excluded from participation in; be denied th~.proceeds Or benefits of; Or be otherwise subjected to discrimination in performance of this Agreement " i , i ' ' 29. This Agreement strictly prohibits the expenditure of FRDAP funds for the purpose of lob.bting the Florida Legislature, the judicial branch, or a state agency. 30. Any'local goVernmental or for-profit organization, that is'a aids· appropriation.by a state agency entity, nonprofit organization, warded funds from a grants and shall.: '(a) If the amounts received exceed $100,000, have an audit performed in accordance wi~h the rules of the Auditor General promulgated pursuant to s. 11.45, F~orida Statutes; or Page !0 of 14. (b) If the amounts received exceed $25,000, but do not exceed $100,00'0, have an audit performed in accordance with the rules of the Auditor General promulgated pursuant to s. 11.45., Florida Statutes, or .have a statement prepared by an independent certified public accountant which attests that the receiving entity or organization has complied with the provisions of this Agreement.; or (c) If the'amounts received do not exceed'S25,000, have the head of the entity or organization attest, under penalties of perjury, that the entity or organization has complied with the provisions of this Agreement. 31. Pursuant to s. 215.422, Florida Statutes, the DEPARTMENT's Project Manager'shall have five (5) working days, unless otherwise specified herein, to inspect and approve the payment requests for payment. The DEPARTMEA~ must submit a request for payment, to the Florida DEPARTMENT of' Banking and Finance within twenty (20) days; and the DEPARTMENT of Banking and Finance has fifteen (15) days to issue ~a warrant. Day's are calculated from the date the invoice is received or the date the services are received, inspected, and approved, .whichever is later. Invoice payment requirements do not start until a complete and correct invoice has been received. Invoices which have to be returned to the GRANTEE for correction(s) will result in a delay in the payment. A Vendor Ombudsman has been established within the Florida DEPARTMENT of Banking and Finance who Page 11 of 14 may be contacted if a contractor isl experiencin~ problems in obtainin9 timely payment (s) from a State of Florida agency. The Vendor Ombudsman may be contacted at 850/488-2924 or 1-800-848-379,2. 32. In accordance 'with s~. 2!5.422, Florida Statutes, the DEPARTMENT shall pay the GRAAV~EE interest at a ~rate as established by 55.03(1), Florida Statutes, 'on the unpaid balance, if a warrant in payment of an invoice is not issued within 40 days after receipt of a correct invoice and receipt, inspection, and approval of the goods and services. Interest payments of less than S1 will not be enforced unless the GRANTEE requests payment. The interest rate'established' pursuant to s. 55.'03(1), Florida Statutes, by Comptroller's Memorandum No. 11 (1998-99) dated December 2, 1999, has been set at 10.0% per annum or .02740% per day. The revised interest rate for each calendar year beyond 1R99 for which the term of this .Agreement is zn effect can be obtained by calling the DEPARTMENT of Bankin~ and Finance, ~endor Ombudsman at the telephone· number provided above or the DEPARTMENT's Contracts Section at 850/922~5942. 33. A person or affiliate who has been placed on the convicted vendor list followin~ a c~nviction for public entity crime· may not perform work as a grantee, ~ontra tor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287 Page 12 of 017, Florida Statutes, or Category 14 Two, 'for a period of 36 months from the date of being placed on the convicted vendor list. 34. In addition, a copy of the. audit or attestation as required in paragraph 27, Shall be submitted to the DEPARTMENT within one (1) year from the P~OJECT completion date as set forth in the PROJECT completion certificate. 35. This Agreement is not intended nor shall it be construed as 9rantin~any rights, privileges or interes~ in any third party without mutual written .agreement of the parties hereto. 38. It is understood by the parties that the amount of'this Agreement may be reduced should the Governor's Budget Office declare a revenue shortfall and assess a mandatory reserve. ShoUld. a shortfall be declared, the amount of this Agreement may be reduced-by the same per~entage as the DEPARTMENT is assessed for the mandatory reserve. 37. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this ~greement shall °nlybe valid, when they have been reduced to writing, duly executed by each of.the parties hereto, and attached, to the original of this Agreement. IN wITNEss WHEREOF, the parties hereto have caused these presents to be duly executed on the day and year first above written. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION CITY OF SEBASTIAN By: Division Director (or Designee) Division'of Recreation and Parks. By: Title: 'Address: · | Address: Bureau of Design and Recreation SerVices 1225 Main Street Division of Recreation and Parks Sebastian, FL 3'900 Commonwealth Boulevard Mail Station 585-' . Talla~assee,. Florida 3~399y300~0 i ' /~ ~~<~ ~~/~~/ . ~-~E~' Con~rac~ Manager ' ' ' 32958 Approved as to P~rm and Lega!ity: This form has been pre-approved as to form and legality by Suzanne Brantl~y, Assistant General Counsel, on ADril 20, 2000~ for use. for one year. Grantee Attorney FPS-A0'46 Revised 05/99 Page 14 of 14 I I I I I I I, I I I '1 I I I I I I I I City of Sebastian, Florida ~C~ O~ TH~ CT~ ATTOrNEy) CONSENT AGENDA TRANSMITTAL Agenda No. Subject: Right~of-way abandonment for old Barber Street; O-00-18 Date Submitted: 8/3/00 For Agenda oi~ 8/9/00 EXPENDITLrI~ REQUIRED: $0 AMOUNT BUDGETED: $0 APPROPRIATION REQUIRED: 0 S~Y: As part of the 1997 agreement with Nelson Hyatt and the County for the realiglmaent of Barber Street at the intersection of U.S. 1, the City is to process a right-of-way abandonment of the former alignment. Code section 2-93(d) requires that this be done by ordinance. RECOMMENDED ACTION: Pass Ordinance O-00-18 on first reading and set public hearing for second reading on August 23, 2000. AUTHORIZED PLACEMENT ON AGENDA BY CITY MANAG ,R~: ~' ORD]IV~'VCE NO. 0-00-18 AN ORDItArA_NCE OF ~ CITY O]F SEBASTIAN, INDIAN RIVER COU-NTY, FLORIDA, ABAArDONI~G. R!GltT-OF-WAY FOR FORMER A_LiGN-MEhrT OF BARBER STREET AT INTERSECTION WITIt U.S. ItlGItWAY 1; I~ROVII~ING FOR CONFLICT; PROVIDING FOR SEVERA_B~; AND PROVIDING FOI~ AN EFFECTIVE DATE. wmr~REAS, pursuant to an agreement between the City, Indian River County and Nelson Hyatt originally dated lanuary 14, 1997, Hyatt conveyed fight of way to City for the realignment of Barber Street as it' intersects with U.S. Highway 1; and WItEREAS, pursuant to said agreement, once realignmem of the street was completed, City was to 'abandon the fight-of-way for the former ilignment; and ~REAS, said realignment has been completed, and the City Council finds that the fight-of-way for the former alignment of Barber Streqt is no longer needed for a public purpose; NOW TltEREFORE, BE IT ORDAIINED BY TI~ CITY COUNCIL OF CITY OF SEBASTIAi~, INDiA~ RIVER CO~, FLORIDA, as follows: Section 1, RIGHT-OF-WAY ABANDONED. The City hereby abandons and releases its interest in that portion of the fight-of-way for Barber Street as recorded in ?lat Book 14, page 97, Public Records of Indian River County, Florida~ lying between the right-of-way for U.S. Highway 1 and the right-of-way parcel descrPed in the attached Exhibit "A", as further illustrated by the survey contained in said Exhibit. CON-FLICT. Ail ordinance~ or parts of ordinances in conflict herewith Section :2. are hereby repealed. Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be p~esumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provisions. It shall further be assumed that the City Council would have enacted t'ae remainder of this Ordinance without said I I I I I i I I I I I I I I I I I I invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 4, EFFECTIVE DATE. This Ordinance shall become effective upon final passage. The foregoing Ordinance was moved for adoption by Councilmember motion was seconded by Councilmember the vote was as follows: Mayor Walter Barnes Vice-Mayor Ben A. Bishop Councilmember Joe Barczyk Councilmember James Hill Counciknember Edward J. Majcher, Jr: The Mayor thereupon declared this Ordinance duly passed and adopted this August, 2000. and, upon being put to a vote, day of CITY OF SEBASTIAN, FLOKIDA ATTEST: By: Mayor Walter Barnes Kathryn M. O~Ialloran, MMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney & r~lgned podion of cm _BC)~-f.0ot ~ht-of-~ ~n ~ ~ 5t~ ~ ~ ~ ~t~ 20 0~ ~a at t~ Emt 1/4 ~r of ~l~n ~0. T~hlp ~31 ~t~ ~ ~ E~ o ~te ~num~t. o~ N 8~15'~' W..io~ tM I/4 ~LM~ G~.. dbto~e of 1~.B7 INt ~ · ~nt In ~ WNt ~ht-of-~ 6~ of S ~'57'~ ~ olon9 the Wul r~ht-of-~ Ihe. o db~ of ~.ID I,t ~ t~ ~1~ O~ B[~ off t~ ~ cu~ ~n~ ~ the ~K~t. ~en ~ ~ t~ cu~. thigh o ~ntml a~le of 2~'~'. ~ ~ ~mta~ of 21~.~ I,t to a ~lnt of m~ with the e~l~i~ ~r St~t ong.~nt. ~n ~n , N~hmL ~en ~n N ~2'16' E o ~,tnnce of 4~.24 lett to o ~nt In ~ Mt ~ht-of-~ ~ of U~ ~ 1. ~on mn N ~7'~' W. (]ion; lhe W~ ~ght-of-w~. o ~n~ of ~.~ t~t ~ t~ ~ O~ Page 1 o~ 2 I I I I I I I I I I I I I I I I I City of Sebastian, Florida CONSENT AGENDA TRANSMITTAL Agenda No. ~0./~ Subject: Right-of-way parking; 0-00-19 Date Submitted: 8/3/00 For Agenda of: 819/00 EXPENDITURE KEQUll~D: $0 AMOUNT BUDGETED: $0 APPROPRIATION KEOLriRED: 0 S~Y: Pursuant to direction of Council, the following ordinance removes the restrictions on parking in the right-of-way, RECOMMENDED ACTION: If desired, pass Ordinance 0-00-19 on first reading and set public hearing for second reading on September 13, 2000. AUTHORIZED PLACEMENT ON AGENDA BY CITY MANAGE ORDINANCE NO. O-00-19 A~ OUO~A~Cr OF VaS crrv or SSBAS~, mU~ urv~a co~, ~o~, ~~a co,r oe o~~s FOR ~ E~C~ DA~.' , WI~REAS, following public workshop of the issue, the City Council of Sebastian has determined that it is in the best interest of the public ~o clearly eliminate restrictions on parking within the right-of-way; NOW, TI:~REFORE, BE IT ORDAINED BY Tile CITY COUNCiI~ OF CITY OF SEBASTIAN, INDIAN RIVER CouNTY, FLORll)A, as follows: Section 1. That section 98-4 of the Code! of Ordincmces, City of Sebastian, Florida is hereby amended to read as follows: Sec. 98-4. Driving onto medians, shoulder~, etc. No person shall ride or drive any vehicle on the land areas that separate paved streets, roads or highways such as medians, islands or similar land areas. No person shall ride or drive any motorized vehicle on the soft shoulder of any paved street, except as is necessary to get t.ae motorized vehicle on or off the road to lawfully.park the same. or during emergencies, such as accidents and breakdowns. Section 2. That section 98-31 of the Code of Orclinances, City of Sebastian, Florida is hereby deleted and said section number is reserved as follows: Sec. 98-31. Parldngbetween hours of 2:00 n,m. and-6:00 a.m. ~ tt shall be unlawful for any-person to park a vehicle on any street within the city limits between thc hours of---2:00 a.m, and 5:00 a.m. of any day,. Section 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4. SEVERABILITY. In the event a court of competem jurisdiction shall hold or determine that any pan of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 5. EFFECTIVE DATE. This Ordinance shall take effect following its adoption by the City Council. The foregoing Ordinance was moved for adoption The motion was seconded by Councilmember upon being put to a vote, the vote was as follows: Mayor Waiter Barnes Vice-Mayor Ben A. Bishop Councilmember Joe Barczyk Councilmember James Hill Councilmember Edward J. Majcher, Jr. by Councilmember and, The Mayor thereupon declared this August, 2000. ATTEST: Kathryn M. O'Halloran, MMC City Clerk Ordinance duly passed and adopted this __ iCITY OF SEBASTIAN, FLOR/DA !]By: .Mayor Walter Barnes Approved as to form and legality for irenance by the City of Sebastian only: Stringer, City Attorney day of I City of Sebastian, Florida I i CONSENT AGENDA TRANSMITTAL Subject: Park use policy; 0-00-20 Agenda No. Date Submitted: 8/3/00 For Agenda of:, 8/9/00 ExPENDI77JKE REQUIKED: $0 AMOUNT BUDGETED: $0 APPROPRIATION REQUIKED: 0 SEMMARY: Pursuant to discussions with Council, the following ordinance establishes a comprehensive policy for use of City recreational areas RECOM3~NDED ACTION: If desired, pass Ordinance O-00-20 on first reading and set public hearing for second reading on September 13, 2000, AUTHOltlZED PLACEMENT ON AGENDA BY CiTY MANA ORDINANCE NQ. 0-00-20 AN ORDINANCE OF TI]~E CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, A_IV[ENDING ARTICLE I, CRAPTER 74 OF THE CODE OF ORDINANCES, PARK, V AND RECREATION - 1N GENERAL! PROV~ING FOR CONFLICT; PROVIDING FOR SEVERAB]]LITY, PROVIDING FOR AN EFFECTIVE DATE WmV~REAS, the City Council has determin recreation facilities would be in the public interest; NOW, TBJEREFORE, BE IT ORDAINED CITY OF SEBASTIAN, iND~ RIVER COUN~ ~d that a comprehensive policy on the use of City BY THE CITY COU-NCFL OF T]~ .'T, FLORIDA, as follows: Section 1. That section 74-1 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: . Sec. 74-1. Definitions. The following .words, terms and phrases, w~en used in this Article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: lark Areas means any and all outdoor and Icovered grounds and facilities owned, operated or designed by the City for the purposes of recreational or leisure activities, except 'those facilities designated as Waterway facilities or Public-Use Facilities below. ParkEvent means utilization of a Recreation Facility, other than a Public-Use Facility, or any portion thereof for any planned or organized event, other than a city-sponsored event, at which the City Manager reasonably believes between 50 and 300 persons will attend. Public-Use Facilities means those city properties such as the Yacht Club, Community Center and the ball fields of the Barber Street Sports Complex, that by their very nature, are generally best utilized by designated groups for meetings, sporting events or community programs. Recreation Facilities means any and all real prqperty owned or maintained by the City for the purposes of active or passive recreation~ community and civic gatherings, open space and such other traditionally related activities. However, these provisions shall specifically not apply to the Sebastian Municipal Golf Course. SpecialEvent means utilization of a Recreation Facility, other than a Public-Use Facility, or any portion thereof for any planned or organized event, other than a city-sponsored event, at which the City Manager reasonably believes more than 300 persons will attend. Waterway Facilities means any structure constructed on or over the waterways of the City such as a public dock, boat ramp, seawall or boardwalk, as well any pedestrian walk-way constructed or maintained by the City running over or along its waterways. Section 2, That section 74-2 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: See. 74-2. Designation by Resolution The City Council shall designate by resolution the classification under this Chapter of each Recreation Facility in the City. Section 3. That section 74-3 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: See. 74-3. Regulations; promulgation and approval by resolution. (a) The City Manager is hereby empowered and authorized to adopt, promulgate and enforce reasonable rules and regulations which shall apply to City Recreational Facilities. Co) All rules and regulations promulgated and adopted pursuant to this article shall, in order to be effective, be posted in a conspicuous place in the area where they are intended to be effective. The existence of such signs at any place within the City shall be prima facie evidence such signs were erected or placed with the authority of the City Manager. (c) Any person violating any such rule or regulation promulgated and posted pursuant to this article shall be subject to a fine of up to $500.00. (d) The Cit~ Council may by resolution, remove or modify any regulation promulgated pursuant to this section. SectiOn 4. That section 74-4 of the Code~ of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 74-4. General Regulations for RecreatiOnal Facilities. (a)Prohibited conduct; unlawfuI acts. No person shall: (1) Use profane, obscene or threatening language or conduct within the area which unreasonably interferes with the enjoyment of the Recreational Facility by others. (2) Smoke in buildings or other areas eXcept where designated by signs posted by the City Manager or his designeel (3) Knowingly interfere with, encumber!/obstruct or render dangerous any part of a Facility. (4) Enter or leave any park facility by motor vehicle except at established entrance ways or exits, or at established times. (5) Use an electronic public address system or other mechanical sound amplification devices, including radios and electronic sound reproduction (6) (7) (8) (9) (lO) equipment of any kind at such a high interfere with the use and enjoyment Build or set fires except on cooking specified areas or upon written appr, Possess, consume or serve any alcol: area therein unless in accordance w/ volume level as to unreasonably by others of the facility. grills or self-contained cooking units in )val of the City Manager. olic or intoxicating beverages in any th regulations allowing the same in conjunction with a City-sponsored event, or as authorized by city permit for a function held at a Public-Use Facility. Cause or permit a dog or other domestic animal, other than a service animal within the scope of Fla.. Stat. 413.08, to enter the area unless such pet is maintained on a leash not to exceed six feet. Dump, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage, refuse or other trash anywhere on the grounds of the parks other than in proper receptacles provided therefor, and no such refuse or trash shall be placed in any waters in, or contiguous to, the parks or beach areas. Where receptacles are no~ so provided, all such rubbish or waste shall be carded away from the park by Ithe person responsible for its presence and properly disposed of elsewhere. ~ Drive or park any unauthorized motor vehicle on any area within any park or recreational area except designated park roads or parking areas; park any motor vehicle that is not authorized by the City Manager in any area other than an established or designated parking area; or park any motor vehicle that is not authorized by the City Manager within any Recreational Facility during the established hours that said area is closed to the public. (11) 02) (14) Ride a bicycle on other than a designated vehicular road or path designated for that purpose; leave a bicycle in any place other than a bicycle rack when such is provided, or leave a bicycle lying on the ground or paving or any place or position so as to present any obstruction to pedestrian or vehicular traffic. Post public notices of a nOn-commercial nature except in designated areas and in accordance with time and place restrictions established by the City Manager. Operate a concession; sell, peddle, or solicit sell in any park without written prior approval of the City Manager or his designee. Bed down or sleep in parks or recreational areas including any parking area except upon written approval of the City Manager; nor shall camper trucks, buses or trailers be permitted to remain in such parking area between the hours of 12 midnight and 6:00 a.m. except boat trailers may remain in areas designated for the parking thereof during the time between launch and return of the watercraft it has transported. (b) Signage. The City Manager is hereby empowered and authorized to regulate the use of Recreational Facilities within the context of this article by erecting or placing of signs regulating such use and hours of use. (c) Violations andpenalaes. Violations of this section are punishable by a fine not exceeding $500.00 or imprisonment not exceeding 60 days, or both. (d) Parental liabifity. Parents shall be held liable for conduct of their minor children. Section 5. That section 74-5 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. '74-5. Additional Regulations Affecting Waterway Facilities (a) Prohibited conduct; unlawful acts. In addition to the restrictions set-forth elsewhere in this Chapter, no person shall within or upon Waterway Facilities: Dive or jump into the water from such facility. Use railings or benches on piers or fiverwalks for cleaning or cutting bait or fish. Push, propel or ride bicycles, scooters, skates or skateboards on piers or docks. Fish with more than two lines or poles at one time on piers or riverwalks. (2) (3) (4) (5) Park or dock watercraft utilized for a commercial purposes, including rental to the public, longer than reasonably necessary to launch and wailer the Co) $~gnage. The City Manager is empowered and authorized to further regulate Waterway Facilities within the comext of thi~ article by erecting or placing of signs governing their use. The existence of such signs at any place within the city shall be prima facie evidence that such signs were erected or placed with the authority of the City Manager. (c) Violations and penalties. Violations of this section are punishable by a flue not exceeding $500.00 or imprisonment not exceeding 60 days, or both. (d) Parental liability. Parents shall be held liable for conduct of their minor children. Section 6. That the Code of Ordinances, City of Sebastian, Florida is hereby amended to create a new section to be numbered section 74-6 ~vhich shall read as follows: / Sec. 74-6. l~ark events; procedure for permilsion, (a) No person shall conduct a Park Event without the prior approval of the City Manager as provided in this section. ~ CO) Any person desiring to conduct a Park Event shall submit a written application to the City Clerk on forms promulgated by the'City Manager and shall pay a reservation fee to the city not less than two weeks prior to the event. If use of electrical or water utilities on site is desired, the same must be requested on the application and an additional fee shall be required prior to issuance r)fthe permit. The amount of reservation and utility use fees shall be established by resolution of the City Council. Any vendors that will participate in said Evegt must be listed on the application, and any structures to be erected or otherwise assembled as part of the Evem must be shown in schematic form as an attachment thereto. (c) Approval for a Park Event shall be granted if, in the discretion of the City Manager, the event will not unreasonably conflict with the use of the park by the public generally adequate measures will be taken by the applicant to protect the public health, s~ety and welfare regarding the following: (1) Traffic and parking; (2) Solid waste collection and removal; (3) Sanitary facilities; and I I I I i I I I I I I I I I I I I I (4) Security. The permit may contain such conditions as the City Manager determines in his discretion will be necessary to ensure satisfaction of these considerations. All vendors and other Event participants must meet all applicable permit or licensing requirements, and comply with all applicable laws, code provisions and duly -promulgated rules and regulations governing the use of the subject facility. Permits may only be issued in the name of an adult or legally organized organization. Any adult obtaining a permit on behalf of a group comprised of minors shall be held responsible for the supervision of each minor participating in the Event. (d) In the'discretion of the City Manager, city personnel or equipment may be needed for adequate protection of the public interest in conjunction with a Park Event. The city shall be reimbursed by the applicant for all costs of providing such personnel or equipment. The City Manager may as a condition of permit approval require that a cash bond or other suitable surety be posted with the city in advance of the event for the purpose of securing such reimbursement in an amount deemed reasonable to pay such costs. (e) The City Manager shall deny an application if either 1) the event will unreasonably conflict with the use of the park by the public generally, or 2) adequate measures cannot be taken by the applicant to protect the public health, safety and welfare. (f) The City Manager may require that the applicant insure the city against damage to city property and against liability of any kind resulting from the park event activities if the activities in Ids reasonable judgment create a risk of injury or property damage. The limits of insurance shall be determined by the City Manager. A certificate of insurance shall be filed with the City Manager-not less than five d~.y/s prior to the ~.vent. (g) A decision of the City Manager to deny, or to grant with conditions, an application made pursuant to this section may be appealed by the applicant to the City Council. The appeal shall specify the grounds for the appeal and shall be in writing filed with the city clerk and shall be heard at the Council's next regular meeting. The City Council shall ~ffirrn, reverse or modify the decision of the City Manager considering whether the park event will unreasonably conflict with the use of the park by the public generally and whether adequate measures will be taken by the applicant to protect the public health, safety and welfare. The decision of the City Council shall be final. Section 7, That the Code of Ordinances, City of Sebastian, Florida is hereby amended to create a new section to be numbered section 74-7 which shall read as follows: Sec. '74.7 Special events; procedure for permission (a) No person shall conduct a Special Event without the prior approval' of the City Council as provided in this section. (b) Any person desiring to conduct a Special Event shall submit a written application to the City Clerk on forms promulg,ted by the City Manager and shall pay a reservation fee to the city not less than six weelcS prior to the event. If use of electrical or ~). water utilities on site is desired, the same mus~ be requested on the application and an additional fee shall be required prior to issuance !of the permit. The amount of reservation and utility use fees Shall be established by resolution of the City Council. Any vendors that will participate in said Event must be listed on the application. Further, any structure to be.erected or otherwise assembled as part of the Event must be shown in schematic form as an attachment thereto. (c) It is anticipated that a Special Eventlwill by its nature impact the use of the subject Recreation Facility by the public gener~y, and will have other implications for the public health, safety and welfare. Towards that end, the applicant shall meet with the City Manager to discuss the measures to be taken regarding such public welfare issues and compensation to the city for additional costs incurred in conjunction therewith, with particular focus on the following: (1) Traffic and parking; (2) Solid waste collection and removal; (3) Sanitary facilities; and (4) Security. If City resources are needed to adequately protect the public interest, the City Manager shall address how these resources will be allocated and the degree to which the applicant shall reimburse the City. Following such discussions, the City Manager shall submit the application to the City Council with his recommendation as to whether said Event is in the best interests of the public, and also submit a proposed agreement governing mitigation measures, and financial responsibility therefor, of the public wek~are issues raised by the Event. (d) All vendors and other Event particip/ants must meet all applicable permit or licensing requirements, and comply with all applicable laws, code provisions and duly - promulgated rules and regulations governing the hse of the subject facility. Permits may only be issued in the name of an adult or legally organized organization. Any adult obtaining a permit on behalf of a group comprised of minors ~hall be held responsible for the supervision of each minor participating in the Event. (e) The City Council shall deny au application if the Event will unreasoa~ably conflict with public policy or adequate measures cannot be taken by the applicant to protect the public health, safety and welfare. A decision of the City Council to deny, or to grant with conditions, an appLication made pursuant to this section shall be Section 8. That the Code of Ordinances, City of Sebastian, Florida is hereby amended to create a new section to be numbered section 74-8 which shall read as follows: Sec. 74-$. Public-Use Facilities; procedure for use. (a) Application. This procedures set forth in this section govern all uses of enclosed Public-Use Facilities, and the organized and dedicated use of all open-ak Public-Use Facilities. No permit is required for the casual use of open-ak Public-Use Facilities in accordance with estabLished regulations when said Facilities are not dedicated to a permitted user. On) Leases and Intergovernmental ,4greements. Upon a finding that the public interest Will be duly served thereby, the City Council may enter into leases with non-profit organizations, as well as intergovernmental agreements, of up to five years duration providing for the exclusive use of a PubLic-Use Facility during certain time periods. In considering whether any compensation shall be due the 'city, or the amount thereof, to off-set added maintenance, Utility or other costs, the Council shall consider the public purpose being served by the user and the degree to which said public benefits inure to the taxpayers of the City rather than nonresidents. (c) Permitting process. Any person desiring to use a Public-Use Facility except as set forth above shall submit a written application for a permit to the City Clerk on forms promulgated by the City Manager and shall pay a reservation fee to the city not less than two weeks prior to the event. However, any use requiring Council approval pursuant to subsection (e) must be submitted not less than four weeks prior to the event. The amount of the reservation fee and rental rates for said Facilities shall be established by resolution of the City Council. Service of food or use of kitchen facilities is not allowed unless requested in the application, and an additional fee as established by resolution of Council, may be charged. Permits may only be issued in the name of an adult or legally organized organization. Any adult obtaining a permit on behalf of a group comprised of minors shall be held responsible for the supervision of each minor participating in the Event. (d) 'Prohibited uses. No permit shall be granted for the commercial use of a Public-Use Facility, although fund-raising for non-profit organizations shall be allowed subject to Council approval as set forth below, lin the event that gambling activity is to be a part of the permitted use, the City Coun¢il shall make a determination that such activity is not in conflict with the general law of~e State of Florida. (e) Council approval, in the event that the proposed use may include activities involving gambling, alcoholic beveral~ es, the use of a facility for greater than eight hours or after 11:00 p.m., or if a charge for admission, food costs, required donation or other fee is to be assessed, then the >ermit can only be issued upon approval of the City Council. (f) City Manager approval. Other IS'~an permits requiring Council approval, the City Manager shall issue a use permit for a Public-Use Facility upon a determination that the same is consistent with the public interest and in accordance with applicable law. The permit shall be conditioned upon co.mpliance with all applicable laws and regulations, posting of a security deposit coveriag potential expenses from clean-up and damage in an amount established by resolution Of Council and, if the permitted activity requires the use of additional City resourceS, adequate provisioa_s to off-set such associated costs. The Manager may impose sUch other reasonable conditions as are necessary to protect the public interests. (g)' Appeal. A decision of the City Manager to deny, or to grant with conditions, an application made pursuant to this section may be appealed by the applicant to. the City Council. The appeal shall specify the grounds for the appeal and shall be in writing filed with the city clerk and shall be heard at the Council's next regular meeting. The City Council shall affirm, reverse or modify the decision of the City Manager. The decision of the City Council shall be final. Section 9. That the Code of Ordinances, City of Sebastian, Florida is hereby amended to create a new section to be numbered section 74-9 Which shall read as follows: See. 74-9. Claims against security deposit. Ail or part of the security deposit for any p~rmit issued under tbs Art/cie shall be forfeited to the City if it is determined by the Cie Manager that non-compliance with the terms of this Article or conditions of the permit occurred, or if damages to the facilities have occurred which can be attributed to the applicant. The City Manager is authorized to pro-rate the amount of estimated damages and shall return any amount of the deposit in excess of estimated damages. Damages are determined to be either physical I I I I I I I i I I i I i I I destruction to the facilities or costs associated with .specific clean-up attributable to the applicant. The decision of the City Manager may be appealed to the City Council. The City Council may affirm, reverse or modify the decision of the City Manager after considering the facts as presented by .both the applicant and the City Manager. Section 10. That the Code of Ordinances, City of Sebastian, Florida is hereby amended to create a new section to be numbered section 74-10 which shall read as follows: Sec. 74-10. Permit rescission The City Manager is authorized to rescind any permit found in violation of provisions of this Article when it is deemed in the best interest of the public. Violations of any provisions of this Article may result in the forfeiture of the security deposit as provided above. The decision of the City Manager may be appealed to the City Council. The City Council may _~ffirm, reverse or modify the decision of the City Manager after considering the facts as presented by both the applicant and the City Manager. Section 11[. CONFLICT. All ordinances or parts of ordinances.in conflict herewith are hereby repealed. Section 12. SEVERABiLITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 13. by the City Council. EFFECTIVE DATE. This Ordinance shall take effect upon its adoption The foregoing Ordinance. was moved for adoption The motion was seconded by Councilmember upon being put to a vote, the vote was as follows: by Councilmember and, Mayor Walter Barnes Vice-Mayor Ben A. Bishop Councilmember Joe Barczyk Counciknember James Hill Councilmember Edward J. Majcher, J The Mayor thereupon declared this Ordinance duly passed and adopted this 13th day of ~ ? ~A~' ~ ~~~, ,~ 2I~ ' ' TYOFI~I~BAST~IAN, FL ATTEST: Kathryn M. O%Ialloran, MMC City Clerk Walter Barnes, Mayor Approved as to .form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney