The URL can be used to link to this page

Home My WebLink About08232000SEBAST MO, ME OF IqU,.ICAN ISLAND DRAFT SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, AUGUST 23, 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 Dr. Ronald D. Thomas, Sr. - Sebastian United Methodist Church 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 Deputy City Clerk, Sally Maio Administrative Secretary, Joanne Sandberg City Engineer, Ralph Brescia Police Chief, Randy White Airport Director, Jason Milewski Regular City Council Meeting August 23, 2000 Page Two 00,181 00.182 A.G_F=blDA 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) The City Manager requested addition of preser~tation of plaques to Employees of the First and Second Quarter 2000 and Certificates of Appreciation for a recent rescue by local firemen. There was no objection. PROCLAMATIONS. ANNOUNCEMENTS ANI~/OR PRESENTATIONS_ A. Proclamation - Honoring Jenn~ Fo|lm~r on Her 100th Birthday Mayor Barnes read the proclamation honoring Mrs. Follmer and presented her with a bouguet from the City of Sebastian. Mrs~ Follm~r introduced her two sons and daughter-in-law. Mayor Barnes read plaques honoring Employees of the First and Second Quarter of 2000, Philip Patnode and Marge Poole. Mr. Patnoc e was not present, therefore, Assistant Public Works Director Jerry Converse accepted on his behalf. Mrs. Poole accepted her plaque. Mayor Barnes read City of Sebastian Certificates of Appreciation recognizing Indian River County firefighters, Lieutenant Tim Ward and Engineer Richard Young for their participation in the rescue of a local couple from the Sebastian In et. 7. CITY ATTORNEY ~A~"J'E[~S Reported on the Indian River County public hearing on the local option gas tax, noting City staff had been advised that an adjustment to the distribution formula will be made immediately and that he will meet with the County Attorney to review the requirement for annual adjustments Invited Councilmembers and citizens to attend a PTA sponsored candidate's forum Thursday night at Pelican Island Elementary School 8. CITY MANAGEI:[MATTERS The City Manager reported on the Concert in the Park in Riverview Park tomorrow night A. Discussion of Traffic Logistics - Laconia St[eat by City Engineer, Ralph Brescia The City Engineer reported on his review of traffic concerns and accident data on Laconia Street, recommending that, although people were observed speeding, this is not an accident prone area, but that the City continue monitoring traffic at this time. City Council discussion followed relative to concerns about pedestrian traffic on the roadway and there was a suggestion that staff be directed to look into the possibility of a bikepath. The City Manager reported that there is an error in the water hookup impact fee amount in the quarterly City newsletter article which reflects $130 rather than $1300, 9. CITY CJ~_RK MATTERS None. Regular City Council Meeting August 23, 2000 Page Three 10. Cl'['~ COUNCIL MATTERS A. ~r, Majcher None. B. Mayor Barne.~ Mayor Barnes reported on a meeting he had today with the Police Chief and the City Attorney regarding the parking ordinance, and the following suggestions were made: 1) that people should park in their driveways, if the driveway is filled then the overflow could go on the shoulder and it would be up to the people to move a car into a driveway once an opening occurs; 2) to establish a list of streets where all parking on the shoulder or right-of-way would be prohibited; and 3) construction truCks could park only on a construction site and not on adjacent properties. City Council discussion followed on this being a good start with the exception of a possible hardship for builders to meet the construction site requirement. It was suggested that builders be invited to attend a meeting to offer alternatives, otherwise City Council generally concurred with the other suggestions. The City Attorney will bring back amended language. TAPE I - SIDE II (7:48 p.m.) C. Vice Mayor Bishop None. D. E1r. Barczyk None. E. Mr. Hill None. 11. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the/tern will be removed and acted upon separately. A. Approval of Minutes - 8/9/00 Regular Meeting, 8/16/00 Workshop 00.183 Morrissiey Wedding Reception - Use of Community Center - NB - 10/21/00 - 7 pm to 11 pm (Cihy Clerk Transmittal 8/4/00, Application) The City Manager read the consent agenda. MOTION by Bishop/Majcher "1 move to approve items A and B on the consent agenda." Regular City Council Meeting August 23, 2000 Page Four 00.150 00.184 12. 13. 14. ROLL CALL: Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye MOTION CARRIED 5-0 PUBLIC HEARING Ao Ordinance No. O-00-18 - Abandon OI4 ~doption (CY(y A~t@~.ey Transmittal 8/2 .~.arb~ Street Right-of-Way - Second Reedinq and Final 3/o0. o-oo. l ~J 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. I Mayor Barnes opened the public hearir~g at 7:55 p.m., and the City Attorney read Ordinance No. O-00-18 by title. There was no public~nput and Mayor Barnes closed the hearing. MOTION by Barczyk/Hill "1 move to conduct the public I~earing and upon conclusion, move to adopt Ordinance No. O-00-18." / ROLL CALL: Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill ! - aye Mayor BarnesI - aye MOTION CARRIED 5-0 I.b!T. BOp_U(;:'[lO_N OF ~E~USlNESS 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 None. C O M M.[~J'.~=.E ~F~ORTS/R,I~COM MEN DATIONS a. Planning and Zoning CorQt~issio. o i (City Clerk Transmittal 8/14/00, 1 AppliCation, Member List, Ad) 1. Interview, Unless Waived, and ~Appoint Alternate to Unexpired Term to 11/1/2001 / City Council interviewed Clarence Bart~)n. 4 Regular City Council Meeting August ;23, 2000 Page Five 00.185 00.166 MOTION by Bishop/Majcher '1 would make a motion to appoint Clarence Barton to Planning and Zoning Commission as an alternate, unexpired term to expire 11/1/2001 ." ROLL CALL: Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye MOTION CARRIED 5-0 15. OLD BUSINESS - None 16. NEW BUSINESS Ceremonial Dedication of a Portioq of Schumann Drive for the Late Mayor Martha S. Wininger (Growth Management Transmittal 8/16/00, Grovel3 ~apaclement Manager Memo 8/16/00) It was the consensus of City Council to support the establishment of a dedication memorial memorial in the name of former Mayor, Martha S. Wininger on a portion of Schumann Drive. Approve_City Enqineerinq Consultant Ranking and Authorize CoBt[~ct Ne.gpt, iptions with Number One Ranked Firm (Purchasing Transmittal 8/14~)0. Selection Committee Matrix) Discussion took place on the ranking for financial stability of the number one ranked firm and suggestion to look into this while negotiating. MOTION by Majcher/Hill "1 move to approve the Consultant ranking as recommended by the Consultant Selection Committee, and authorize contract negotiations to proceed starting with the number one ranked Firm." (Kimley Horn and Associates, inc.) ROLL CALL: Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye MOTION CARRIED 5-0 Regular City Council Meeting August 23, 2000 Page Six 00.187 C. 00.143 D. 00.188 E. Authorize City Attorney to File Release of Lien Aga[n.~t Property of Herbert Sturm (City Manager ~J'ansmittal 8/16/00.~ The City Attorney presented a brief hist 3ry on prior action of the Code Enforcement Board to release the lien as reported to City Council by a prior City Attorney in 1998, cited state law regarding release of liens, and noted ti~ at the release was never officially released with the Clerk of the Court. ~ Council concerns were expressed that:he lien not be released if the violation has not come into compliance. The City Manager suggedted that staff review the matter and report back at the September 13, 2000 meeting. City Cot~ncil concurred. Authorize Expenditure of $23,440 for D~esign/Engineering Se~ices by The ~.PA Group, inc. For Runway 4-22 Lightinq Project (Purchasing Transmittal 8/16/00) The Airport Director briefly explained what the expenditure will entail in the design of the runway and threshold lighting project. MOTION by Hill/Barczyk "1 move to authorize the expen( Group, Inc. for Runway 4-22 lighting pn ROLL CALL: Mayor Barnes Mr. Bishop Mr. Barczyk Mr. Majcher Mr. Hill MOTION CARRIED 5-0 liture of $23,740 for design/engineering services by the LPA ect." - aye - aye - aye - aye - aye Resol~ltioj~ No, R-00-40 - Authorizing C'ty Manager to Execute JPA with FDOT -Rehab Taxiways [City Manager Transmittal 8/15_/00, R-O0-40. Exhibi~ "A" Agreement) A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE STATEOF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT FOR THE PURPOSE OF FUNDING REHABILITATION OF AIRPORT TAXIWAYS~, INCLUDING LIGHTING, MARKING AND SiGNAGE; PROVIDING FOR CONFLICTS; AND PROVIDING FORIAN EFFECTIVE DATE. The City Attorney read Resolution No. ~-00-40 by title. Discussion took place on the source of the matching funds. ,~ MOTION by Majcher/Barczyk / "1 move to approve ResolutionIq. o. R-00.-40, authorizing the City Manager to execute the State of Florida Department of Transportation Public Transportation Joint Participation Agreement for the rehabilitation of airport taxiways, including lighting, marking and signage." Regular City Council Meeting August 23, 2000 Page Seven ROLL CALL: Mr, Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye MOTION CARRIED 5-0 00.189 F= Resolqtion No. R_-00-48 - City of Sebastian Air. pqrt Lease Agreement for Go~f Coume (City Manager ~ran~rlli~al 8/17/00, R-00-48, Exhibit "A "_~.ase Aoreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING RESOLUTION NO. R-86-4A, AUTHORIZING THE CITY MANAGER TO EXECUTE A NEW LEASE AGREEMENT BY AND BETWEEN THE CITY OF SEBASTIAN FOR USE OF LAND FROM THE SEBASTIAN MUNICIPAL AIRPORT IN THE OPERATION OF THE SEBASTIAN MUNICIPAL GOLF COURSE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. · The City Manager briefly explained the lease agreement. TAPE II. SIDE I (8:34 p.m.) The City Attorney read Resolution No. R-00-48 by title. Discussion took place on the proposed incremental increases for the lease and its impact on Golf Course rates and revenues in the long and short term; and the effect on other airport leases. The City Manager said the approximately eighteen month Airport Master Planning process will address establishment of proper lease rates. MOTION by Barczyk/Bishop "1 move to adopt Reso!ution R-00-48 authorizing the City Manager to execute the Lease Agreement by and between the City of Sebastian for use of land from the Sebastian Municipal Airport in the operation of the Sebastian Municipal Golf Course." ROLL CALL: Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye MOTION CARRIED 5-0 00.19O/ 99.201 Sebastian Habitat Conservation Plan -J~pprove Acceptance of Incidental Take Permit and Authorize City Manager to Process Formal Amendment in Accordance with Te[ms Set Forth by City Attorney (City Manager Transmittal 8/~6/00, F&W Letter 8/14/00. CM Letter 8/,~/00, F& W Letter 8/3/00. CA Memo 8/3/00_J The City Attorney reassured Council that the acceptance of the Incidental Take Permit is with the understanding that the City will go back after the fact to modify the agreement to mitigate the corridor. 7 Regular City Council Meeting August 23, 2000 Page Eight 00.191/ 99.053 17. Approved at the The City Manager responded to inquiry about timing for release of the Highlands lots. MOTION by Majcher/Hill "1 move to approve acceptance of the Incidental Take Permit (ITP) and authorize the City Manager to process the formal amend Attorney Rich Stringer's memorandum ROLL CALL: Mr. Majcher Mr. Hill Mayor Barne.~ Mr. Bishop Mr. Barczyk MOTION CARRIED 5-0 ment, in accordance with terms as set forth in the City dated 8/3/00." - aye - aye - aye - aye - aye A~pprove Settlem._ent/~,areement in the Case of Nlaxwell Contracting vs. City of Sebasti.an for Dempsey/Vocelle Drainage Project in the Am9unt of $99,500 (City Manaqer Trajlsmi~l 8/16/00) The City Attorney explained questionable provisions of the contract and recommended settlement to split costs for installed gravel and ran delay days in the amount of $99.500. The City Manager said approval will al{o be required for a 4th quarter budget adjustment. MOTION by Hill/Barczyk "1 move to approve settlement in the case of Maxwell Contracting v. City in the amount of $99,500." The City Manager reiterated his reque.~ ROLL CALL: Mr. Hill Mayor Barnes Mr. Bishop Mr. Barczyk Mr. Majcher MOTION CARRIED 5-0 t for budget adjustment, and Mr. Hill added "so amended." - aye - aye - aye - aye - aye Being no further business, Mayor Barnes adieu!ned the Regular Meeting at 9:15 p.m. ,2000 Regular City Council Meeting. Walter Barnes Mayor Kathryn M. O'Halloran, MMC City Clerk ACTION LIS.~ THE FOLLOWING IS A LIST OF ACTIONS TAKEN AND/OR DIRECTIONS GIVEN AT THE 8/23/00 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. 00.181 Proclamation - Honoring Jenn~ Foil_me[ or~ Her 100th Birthday - presented copy to vault - CITY COUNCIL - Proclamations 00.182 Discussior[ of 3'raffic Logistics - Laconia St, re_~t by City Engineer, Ralph Brescia - presentation only ~ recommendation to continue monitoring, suggestion by Bishop to look into bikepath copy minutes to file - file STREETS ~pJ~[gv~d of Minutes - 8/9/00 Re_~tuJar Meeting, 8/16/00 Wot'kshop - approved sign, seal - place in book with ~ny designated attachments 00.183 Mordssiey Wed~ling Reception - Use of Comr~unity Center - NB - 1.Q/~.!./00 - 7 pm to 11 P_J33 - approved copy minutes to file letter to Mordssiey notify PD and PW file YC/CC 00.150 Ordinance No. O-00-18 -_~andon Old Barber Street Right-of-Way - Second Reading and Final Adoption - adopted sign, seal - copy to file, counter, Engr., GMD per City Attorney- provide certified copy of ordinance for recording (Ann prepared certification for Nelson Hyatt) blue back original - file vault 2000 ORIG ORD file backup in vault - ORD BACKUP update \wp-min\O-00.wpd as to adopted date 00.184 Planniqg and Zoning Commission - Interview, Unless Waived. and Appoint Alternate t.o Unexpire~l Term to 11/1/2001 - Clarence Barton appointed alternate copy minutes to file letter to Mr. Barton update board handbook and distribute pages 00.185 00.192 00.187 00.143 00.188 ~e~monialDedication ora Portion of BarberStreetforthe Late Mayor Martha S,W~inger -approved by consensus copy minutes to file file vault - STREETS ~pp. r0y~ C~ty Engineering Consultant I~anking and Aul;h_g. dze Contract Negotiations with Number One Ra~ke~l Fjr~ - approved - staff to begin negotiations with Kimley Horn copy minutes to file ~ file pending credenza i ascertain that Paul will notify all proposers ~qf;hori~e City Attorney to File Release[of Lien Property of Herbert Sturm staff to report back at 9113/00 re: complianc~ Against - / file pending credenza A~bg_rj[~ Expenditure of $23,440 for Design/Engineering Se[vic__es by.The LPA Group, Inc. For Runway 4-22 LLqhtirLq Project - approved copy minutes to file Jean to administer execution of work aL'lthorization and provide us with original place all backup except original work a~ Jthorization in file #190 in AIRPORT copy signed work authorization to file #190 in AIRPORT add to airport index file in AGREEMENTS - Miscellaneous - update \wp-files\agreemen.wpd ~ misc~ Resolution ~o~J~-0~-4..0- Authorizing C Taxiways - adopted LPA Group Ilaneous-LPA Group ty Manager to Execute JPA with FDOT - Rehab sign, seal res and copy to file, counter, Jason, certified to Jean, Finance Jean will administer execution of JPA and give us one original when returned blue back original res and attach copy of unsigned JPA and file in vault 2000 ORIG RES create new file and place copy of unsigned JPA in file and place in AGREEMENTS - Interlocal - State of Florida - FDOT (when executed original is returned replace with original) update \wp-files\agreemen.wpd by addi,ng new row under FDOT - Joint Participation Agreement- Rehab Taxiways w/adopted date and catalogue number file rest of backup in vault - AIRPORT - give new number and index in \wp-files\airport update \wp-res\r-00.wpd as to adopted date 2 00.189 00.190 00.191 Resolution No. R-00-48 - City of Sebastian Airport Lease Agreeme~t_f_or Golf Course - adopted Jean will administer execution of lease - obtain one original sign, seal res and copy w/copy of lease agreement to file, counter, Jason, Finance, GC blue back original res w/copy of lease and file in vault - 2000 ORIG RES file original executed lease in AGREEMENTS - Leases ~ Golf Course Lease file other backup and copy of res and lease to file 10 in AIRPORT and update airport index update \wp-files\agreemen.wpd by updating line on golf course to airport lease with current information, approval date and catalogue number update \wp-res\r-00.wpd as to adopted date {~e~astian Habitat_Coi~servation Plan - Approve Acceptance_of I_n~;Jdental Take Permit and Authorize City Manager to Process Formal Amendment in Accordance with Terms Set Forth by City Attorney (.99,20J.) - approved copy minutes to file file vault - AGREEMENTS ~ lnterlocal - Indian River County - Habitat Conservation Plan add to \wp-files\agreemen.wpd Approve Set-tl~J~L~ntJ~(Ireement in the Case of Maxwell Contractjl~cl vs. City of Sebastian for.Dempsey/Vocel/e Drainage Project in the Amount of $99,50~ (99,053) - approved copy minutes to file file vault - LEGAL City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, MAY 27, 1998 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. Mayor Sullivan called file Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. There was a moment of silence. I~QLL CALL City Council Present: Mayor Ruth Sullivan Vice Mayor Martha Wininger Mrs. Louise Cartwright Mr. Chuck Neuberger Mr. Larry Paul Staff Present: Ci.ty Manager, Thomas Frame City Attorney, Valerie Settles City Clerk, Katlu-yn O'Halloran Public Works Director, Pat Brennan City Engineer, Martha Campbell Chief of Police, Randy White City Planner, Tracy Hass Finance Director, Janet Isman Deputy City Clerk, Sally Maio Regular City Council Meeting ,vlay 27, 1998 Page Two AGENDA MOD[Fl[CATIONS (ADDITIONS ~ND/OR DELETIONS) ' Items not on the written agenda may be added only upon majority vote of City Council members (R-97-21) None. 6. PROCLAMATIOn, S, ANNOUNCEMENTS AND/OR PRESENTATION~ 98.112 Presentation of Certificates of Comoletion_ to Vice Mayor Wininger and Cotmeilmember Neub¢l'ger for Florida [nstig~l~ of Government Instil~ for Elected Offici01s Mayor Sullivan presented certificates of Completion to Vice Mayor Wininger and Councilmember Neuberger. 98.090 B. Presentati911 of Plaque to Eml~lOye? of the Ouarter - Ist Q.uarter 1998 Mayor Sullivan presented a plaque to Employee of the Quarter Joe Byers. 98.113A 98.109 C. Presentation o~?laque to MichaeL01ive~ - Code Enforcemelat Board Michael Oliver could not be present. ~ ITE~IS CARRIED OYER FROM 5/11/98 ~GULAR MEETING A. Review and Directjon Conceming. ProlLoSal for Indian River County Sheriff's Office ~o Provide Dispatr21jl~g Services for City_of Sebastion - Postpoll~_d from 5/13/98 (City Manager Transmi~;ol ~6]98, City Manager_Memo 5/6/98. Chief Memo 5/19/98. Chief's Report l~r0viously Distributed) The City Manager said there was an additional memo in the backup from Chief White dated May 19, 1998; and noted attendance by officials from Indian River County Sheriffs Department, Indian River County Emergency Management, ladian River Shores, and Fellsmere. Mayor Sullivan called for public input and the following individuals spoke: John Neve, Breakwater Terrace, Sebastian, objected to the proposal Richard Taracka, Coverbrook Lane, Sebastian, supported the proposal. Ernest Gerber, CWA Union Representative, objected to the proposal. Cindy Dierkes, Bailey Drive, Sebastian, objected to the proposal. Walter Barnes, 402 Azine Terrace, Sebastian, supported the proposal. Steve DiTrapano, Sebastian, CWA Union Vice President, objected to the proposal. Louise Kautenberg, 973 Osweg9 Avenue, Sebastian, expressed concern about the proposal. Rick Hershberger, CWA President, suggested Council look at the proposal iadepth before it acts. Regular City Council Meeting .vlay 27, 1998 ' Page Three Steve Marcinek, Sebastian Police Officer and Police Union Rep, objected to the proposal. Elizabeth Griffin, Phelps Street, Sebastian, objected to the proposal. Peter Socci, 126 Midvale Terrace, Sebastian, objected to the proposal. Julio Carosi, 589 Michael Street, Sebastian, objected to the proposal. Gloria Brown, City dispatcher, objected to the proposal. Gary Wheeler, Indian River Comity Sheriff, said although he had no stake either way, he was willing to assist the City if it decided to move dispatch to Indian River County; and quashed the minor that there was any intention to move the Police Department to the county. Chief Cox, Public Safety Director for Indian River Shores, said the Sheriff's office provides a high level of service to Indian River Shores. Chief Larry Tippins, Fellsmere, said he was also very pleased with the service the Sheriff's office provides. TAPE I. SIDE II (7:47 p.m.) Doug Wright, Director of Indian River Cotmty Emergency Management, addressed City Council on the 9-1-1 systems, funding thereof, and uses of the funding. Nate McCollum, Indian River County Emergency Management, distributed documentation relative to the 9-I-1 system (see attached). Mr. Wright explained the proposed CAD system which is expected to be working by July. Mr. Wright said the County dispatch center is receiving approximately 4800 calls per month. A lengthy discussion followed. TAPE II - SIDE I (8:35 p.m.) Following this lengthy City Council discussion on the pros and cons of the dispatch proposal, motion was made. MOTION by Cartwright/Paul I move that we keep the dispatch center as it is in Sebastiaa and keep the 911 emergency dispatch with the County as it is right now. Vice Mayor Wininger suggested Council should consider additional staffing of the police station on nights and weekends, and it was noted this is a budget matter. Chief White said upgrades will be required to bring the center up to standard and in line with coming changes. Mayor Sullivan commended Chief White on his report and for bringing this matter to City Council. Regular City Council Meeting ,vlay 27, 1998 Page Four 9&l10 B. TAPE II, SIDE II (9:40 ROLL CALL: Mrs. Cartwrighl Mr. Neuberger Mr. Paul Mrs. Sullivan Mrs. Wininger MOTION CARRIED 4-1 (Wininger - na - aye - aye - aye - nay 1 Mrs. Cartwfight and Mayor Sullivan thar~ked the officials who attended the meeting. Mayor Sullivan called recess at 9:05 p.m. and reconvened the meeting at 9:22 p.m. All members were present. First Reading 9f Ordinance NoLO-~)8-05 - Board Proceqlllres Amendment - Set Second Reading,_ Public Hearing 0~d Final Adoption flPr Jlme 10, 1998 (City Attorney Transllligal 5/7/98, O-9!~-05) AN ORDINANCE OF TI-IE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 2-167 AND 2-171 OF THE CITY OF SEBASTIAN CODE OF ORDINANCES RELATINO TO APPOINTMElqT TO CITY BOARDS, COMiMISSIONS AND COMMITTEES; PROV1DIlqO THAT QUALIFICATION AS A CANDIDATE FOR POLITICAL OFFICE SHALL BE D~ A TENDER OF RESIGNATION; DELETINO COMMITTEES FROM TERM LIMITATIONS; PROVIDING FOR CODIFI(~ATION; PROVIDING FOR. SEVERABILITY; PROVIDING FOR ILESOLUTION OF CONFLICTS; PROVIDINO FOR. AN EFFECTIVE DATE. The City Attorney read Ordinance No. O,98-05 by title only, and explained the amendments. Mrs. Cartwfight suggesting that "immediate" be added before "resignation" in 2-167 and adding "or committee" before "simultaneously" in 2-167. The City Attorney said changing the substance of the ordinance would require another first reading on the ordinance, and suggested adding "or permanent committee". Vice Mayor Wininger reconuuended deleting "where a vacancy occurs" in 2-171 and that the definitions for board and committee in 2-166 be more clearly defined by adding "permanent" and "temporary" at the beginning. p.m.) City Council concurred with all recomm¢ It was the consensus of Council for the P another first reading. 4 nded changes. ttomey to redraft the ordinance and bring it back for Regular City Council Meeting .vIay 27, 1998 Page Five 98.111 C. Formal Approval for Cub Scout'? U'~e_o. LRi_verview Park for Crossover Ceremony on May ~L..1998 (Fromang Letter) MOTION by Sullivan/Paul I would move approval of the Cub Scout's use of Riverview Park for the crossover ceremony. VOICE VOTE on the motion carried 5-0. Mr. Paul suggested trying to get through the rest of the agenda before Council Matters and Council concurred. CITY COUNCIL MATTERS ho B. C. D. E. Mr. Chuck Neuberger Mr. Larry Paul Mayor Ruth Sullivan Vice Mayor Martha Wininger Mrs. Louise Cartwhght CITy ATTORNEY MATTERS The City Attorney stated that Code Enforcement had released the lien for Herbert Sturm and submi~d a X memo (see attached). The City Manager said the lien was over $210,000. The City Attorney distributed a draft letter to the Chamber of Commerce regarding use of the old Chamb~i~ building and suggested it be discussed at a future meeting. City Attorney encouraged attendance at a sunshine law conference in St. Lucie West. The C,.ITY MANAGER MATTEI3~ The City Manager extended his gratitude to Public Works Director, Pat Brennan, who is leaving the City tomorrow; reported that trees on George Street are being cut down; reported no parking signs have been installed on Indian River Drive; discussed file Dempsey/Vocelle drainage matter, the Barber paving schedule, the Filbert Street site; and received Council concurrence to request the site back, and possibly approach it as a community effort. ~ Regular City Council Meeting .Vlay 27, 1998 Page Six 98.114 98.113B 98.115 98.025 10. CONSENT AGENDA All items on the consent agenda are considered There will be no separate discussion of consent in which event, the item will be removed and o be routine and will be enacted by one motion. genda items unless a member of City Council so requests; .'d upon separately. Approval of Minutes - 5/11/98 Special 1~ eeting Prior Approval for Reimbursement of Ex }enses for Councilmembers Cartwright and Neuberger to Attend Advanced Institute for Elected Mt'nicipal Officials - Orlando - 6/12/98 and 6/13/98 (City Clerk Transmittal 5/18/98, Conference In formation) Co Accept Resignation of Michael Oliver from Code Enforcement Board (City Clerk Transmittal 5/18/98, Oliver Letter) E° Approve Waiver of Procurement ProcedUre and Purchase "Pro Patch" Pothole Patcher Body from H.D. Industries, Inc. of Jacksonville, TXI $47,160 Installed and Delivered - Three Days Training and One Year Warranty (Public Works l~irector Transmittal 5/11/98, Quote, Pictures, Budget Transfer) ~ Approve Change Order to C.R. McLellan Annual Culvert Replacement Conlxact- Main Street Manhole installation - $7,500 (Public Works Director Transmittal 5/20/98) Request for Temporary Position of Engineering Intern in Public Works Department through September 1998 (Public Works Director Transmittal 5/21/98) The City Manager read the consent agenca. Mas. Cartwright and Vice Mayor Wininger removed items D and F; Mayor Sullivan removed item A. MOTION by Paul/Cartwright i I'd like to move that items B, E, and E of the consent agenda be approved. ROLL CALL: Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - aye Mrs. Cartwright - aye Mr. Neuberger - aye MOTION CARKtED 5-0 Regular City Council Meeting ~Iay 27, 1998 Page Seven Approval 0f Minlge~ - 5/11/98 Special Meeting Mayor Sullivan requested addition of the following: Page 4 - last paragraph - third sentence. Change to "Mayor Sullivan also objected to funding and location at the police station." Page 5 - change the first sentence to "Mayor Sullivan questioned the $90,250 budgeted for a new Public Works Compound office buildh~g and it was removed." MOTION by Sullivan/Neuberger I would move approval of the minutes of 5/11/98. VOICE VOTE on the motion carried 5-0. A.p.~r~¥~ W~dyer of Procurement Procedure and Purchase "~oJ>atqh'' Pothole Patcher Body from H.DL Iacl.u~llJ..e~,ltl~.O£ Jacksonville, TX - $47,160 Installed and Deliy_;i'¢4 - Three Days Training One Year Warranty Mrs. Cartwright said the motion must include the transfer, however, the City Manager said internal budget transfers within the same fund do not require Council approval. She then asked what was being deleted to acconnnodate this purchase. The Public Works Director and Finance Director explained the line item transfers. Vice Mayor Wininger questioned the need for this piece of equipment in light of the paving program; asked when "fair" roads will be paved; and why the equipment wasn't being bid. The City Manager explained the fair road paving schedule and the Public Works Director explained the piggyback process. MOTION by Cartwright/Neuberger I move to approve item D of the consent agenda. RoLL CALL: Mrs, Sullivan - aye Mrs. Wininger - aye Mrs. Cartwright - aye Mr. Neuberger - aye Mr. Paul - aye MOTION CARRIED 5-0 7 Regular City Council Meeting May 27, 1998 Page Eight 98.116 F. R0qu.o. st for Temporary Position of l~.ngineering Intern in Public Works Del~gl~l~; lJar_ough Septembe,.r 1998 Vice Mayor Wininger asked the qualifications, when the position starts, and the wage. The City Manager said a student was being sought, through the end of September at a rate orS10 per hour. MOTION by Cartwright/Neuberger I move to approve item ROLL CALL: Mrs. Wininger - aye Mrs. Cartwright - aye Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - aye MOTION CARRIED 5-0 11. PUBLIC HEARING - None 12. INTRODUCTIO~ QF NEW BUSINESS FROM THI~_PUBLI(~ Which is not otherwise on the agenda - sign-up required - limit often minutes for each speaker Jane Barczyk, 609 Caravan Terrace, Sebastian, said there are no minutes for any City meetings at the public library, and suggested this be done. 13. 14. COMMITTEE REPORTS/RI~CO. IM[MENDATiONS - None OLD BUSINESS - None 15. NEW BUSINESS 98.065 Adopt Resolution No, R,-98-:~3 - ?klal Plat Approval for Collier Creek Estates Phase II (Community DevelQl~rll.ql!l~/City Engineer Transmittal 5/20/98, R,-9~-23, Final~ui Un~r~arpte Cover) A RESOLUTION OF TIlE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLOR.IDA, APPROVING TI-IE FINAL PLAT FOR A SUBDIVISION KNOWN AS COLLIER CREEK ESTATES, PHASE TWO; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABiLITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-98-23 by title. Regular City Council Meeting May 27, 1998 ?age Nine TAPE III - SIDE i (10:28 p.m.) Attorney Warren Dill, representing applicant, Harold Adams, addressed Council, and requested modification to the resolution conditions as follows (see revised resolution as submitted by Mr. Dill attached): MOTION by Sullivan/Neuberger I would move to extend the meeting to i 1. VOICE VOTE on the motion carried 4-1 (Paul - nay) Discussion took place on the proposed amendment. The City Engineer and City Plam~er said they had no problem with the revised resolution. MOTION by Sullivan/Cartwright I would move approval of the Resolution R-98-23 as amended with the WOrding substituting covering A and B as submitted by Mr. Dill. VOICE VOTE on the motion carried 5-0. 98.117 B. P_r~l~O~t K~orgmizalion of Cororrmnit7 D~y~lQp. mcn[ P~artrn~nt (.G~ Managcr_Tr~mical, The City Manager reiterated his proposal to split the department into two separate departments, Planning and Zoning and Building He said if Council is in concurrence, he will come back with job descriptions. Mrs. Cart-wright said Council adopted many ordinances relative to the Community Development Department and Director, and asked how they can be amended easily. The City Manager .suggested that all those references be changed to City Manager or his designee. The City Attorney said that those ordinances have not been codified as yet, and suggested that each of those ordinances be amended strictly to change just those references by one motion. Vice Mayor Wininger said she would be unable to attend the EMS meeting, alternate Mrs. Cartwright said she was unable to attend, therefore, the City Manager said he would attend. The City Clerk advised Council that when the City went from a Mayor to City Manager form of government, one ordinance was adopted to change all references in the Code of Ordinances. The City Manager suggested no action be taken tonight and that he bring the job descriptions to the June 10, 1998 meeting. 9 'P. egular City Council Meeting May 27, 1998 Page Ten 16. Time ran out and Mayor Sullivan adjourned the meeting at l 1:00 p.m. and the following items were not addressed. They will be carried to the Sun¢ 10, 1998 regular meeting. 98.118/97.141 C. D. 98.119 98.120 City Attomey Contract (Agreement, 5/28/97 Minutes) Discussion Items 1. Budget Advisory Committee (Requested by Councilmember Neuberger) 2. Occupational License Equity (Requested by Councilmember Neuberger) Approved at the ~ City Clerk ,1998, Regular City Council Meeting. Ruth Sullivan Mayor 10 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 388-8200 [] FAX (407) 589-5570 MEMORANDUM DATE: TO: FROM: SUBJECT: May 27, 1998 Mayor & Members of City Council Valerie F. Settles, City Attorney Release of Lien-Herbert Sturm The purpose of this memorandum is to inform you that the Code Enforcement Board voted unanimously last week to release the lien created against property owned by Mr. Herbert Strum and located at 549 Saunders Street, Sebastian, FL, by an Order of the Code Enforcement Board dated July 21, 1992. The Board cited the disproportionate relationship between the fine and the violation and the ambiguity of the Order. A release of lien will be filed in the Indian River County Clerk's Office. May 19, 1998 DRAFT City of Sebastian 1225 MAIN STF~Eb-T g ~EBASTIAN, FLORIDA 32958 TELEPHONE (561) 58g-5330 o FAX (S61) 589.5=_.70 Ed Moore, President Sebastian River Area Chamber of Commerce 700 Main Street Sebastian, FL 32958-3889 Re: Building Previously Utilized as Chamber Offices Dear Mr. Moore: In 1978, the City of Sebastian ("City") conveyed a parcel of land to the Sebastian River Area Chamber of Commerce ("Chamber"), in order that the Chamber could erect a building ("Chamber Building') "for Chamber purposes". The deed provides that "..Jif said property and improvements thereon are no longer used for Chamber of Commerce purposes...then said real property and improvements thereon shall revert to the City..." There have been reports that, since the Chamber relocated to the so-called Utilities Building previously owned by the City, the Chamber Building has been used for other than Chamber purposes. The purpose of this letter is to request that the Chamber provide the City with a written report on the status of the Chamber Building, including its compliance with the agreement between the City and the Chamber of February 14, 1978, a copy of which is en¢l.osed herewith. Your prompt attention to this request will be appreciated. . Sincerely, Valerie Settles 21'7723 Februar~ CITY OF SEBASTIAN, a municipal corporation SEBASTI~ RI~R A~A C~A 0F CO~ERCE, I~C., a non-~rofi~ Florida corporation ~'",' ~",~"~=, .~,,- ~ P. O. Box 385 A~,,h,.~,~.;;~;,, ~,.,~,,:Sebastian, Pla. 32958 Beginning at a point being t~e most westerly po~nt of Lot 1, Slock 1, in Hardee's S~division No. B, Plat Gook 4, page 74, Public of S~. LG=Le County (~ov Indian ~ver Co~y)~ Florida, as shown on a survey by R. P. Lloyd, Registere~ Engineer, dated 27 February~ ' 197G, said poLnt also being on' ~e East l~ne 'of U. S. ~, 100 fee~ right-of-ray. Thence, on an interior angle of 90° pe~endicular to the chord U. S. Il gas~ right-of-w~y =~ easterly. 35.00 Thence, on ~ ~terior ~gle of 90° a~d ~arallel to the chord of U. S. !1 Eas~ right~f-wky sou~erly ~O.00 feet; T~ence, on ~ Lhterior ~glm of 90° ~ westerly 35.00 ~ee~ to the East r~gh~f-way of ~. ~. Thence, r~ 50.00 fee~ nor~erly on ~e 'sa~d r~g~-of-way to the point of IN THE ~ of 4issolnt!on of SE~A~Ti~ ~VER A~A CHEER OF COM- ~RCE, INC., gr~te~,' or if sai4 gr~te~ 'othe~tse ceases to exist, or if sai4 p~oper~ an4 ~prov~nts the'fe6n are no longer used for months, %hen sai4 real p~per%y ~ ~provements thereon shall re~rt.~o ~ CI~ OF SEBASTI~ , a mu~icipal corporation, grantor. ' ~.lAmugk.~d. lA..e~gmfll~. S~CT to a mortgage as in O~ 530, p. 93, p~li= ~cords of I.a. Co~ty, Fla., which is ~e obli~at~on of grantor. Grantor- , agre s t I Gr nt'e ha s' t re rom CITY OF SEBASTIAN, FLORIDA a mu~.al corporation ............ "'~ ...... "' I HF-P. F2IY C~RTIP'F that ou thls day. befor, me. a. PAT F~OD, JR., and ~O~ L. P~, Mayor and City Clerk, respectively, of ~e CI~ OP SEB~T~, a m~ictpal corpora~n, ~0,, m ~ th~ ~mtd ~ .~ duly authorized so %o do. / ~ea~efof~lorida' a~. Large ~t,M.~ 214~ iO~h%venue. P. O. Box 4S8, Ver6'B'~ach;' Florida 518P Z 2 0 9 'i THIS AGREEMENT, Hade and entered into by and between the CITY OF SEBASTIAN, FLORIDA, a municipal corporation, hereinafter referred to as 'City,'. paL~cy of the first part, and SEBASTIAN R~VER AREA CHAMBER OF COMMERCE, a non-profit Florida corporation, hereinafter referred to as "Chamber,". party of the second part; WI TN E S SETH : WHEREAS, the City owns certain centrally located real property which lies across the street from 2he Sebastian City Hall, municipal'park,and municipal dock and boat launchi.ng area, and is more 'particu/arly described below, and W~EREAS, .the Chamber desires to purchase said real property and to erect a buildi~., g thereon for Chamber of Commerce purposes and public purposes' as hereinafter stated, .and ~HEREAS, it is considered in the best interest of the publio that said proper~y be 'utilized for said Chamber of Co~mmrce and public purposes~ NOW, THEREFORE, in consideration of the mutual covenants and .agreements here~n contained, .IT IS AGREED by and bet-~een the parties as follows: 1. The City .agrees to transfer to ~e Ch-m~er the follow- i.ng described real property located in the City of Sebastian, County Of Indian River, State of Florida, .to-wit:. Beginning at a point being the most westerly point of Lot 1, Block 1, .in Hardee's Subdivision, No. B, Plat Book 4, page ?4, PubI~c Records of St. Lucie County' (now Indian River County), Florida, as shown on a eu~=~ by R. F. Lloyd, Registered Engineer, dated 27 Feb=uary 1976, said ~int also being on the East line of U. S. il, .100 feet right-of-way. Thence,' .on ~n interior' angle of 90° perpendicular to the 'chord of U. S.' il', .Eas~ r.lgh=-of-way run easterly 35.00 feet~ Thence, .on an interior angle of 90° and parallel to the chord of U. S.' tl East r.ight-of-way southerly 50o00 feet~ Thence, on an Anterior angle of 90° run westerly 35.00 feet to the East r~ght-of-way of U. S. il; Thence, run S0.00 fee= northerly on the said r.ight- of-way to the point of b.eginni.ng. 2. For and in consideration of said transfer of real property, the Chamber agrees: (a) To pay the sum of $25.00 and in kind services to the City. mr ,:~... ~.. : ...... ...,.(b), To ass ~un~,; payment; of all taxes, real and of every kind, and to hold the City harmless therefrom. (c) To erect a Chamber of Con~rce building on said real property within one (1} year from the' date'hereof;, and to submit drawings and specification?..of said b?l..d, ing to be con- ·,struc. t.ed to the City Council for approval with~n...stxtV (50)'days from the date hereof. :'-" ..~:t','*:'.,";.,(.d.)'" To,~vtd~'public restroom facilities as part of the building structure to be open for use by the public at such hours as the City Council may determine; The Chamber to provide ~.adequate fi re and extended lnsu~a'n~e :'~bverage','. including ,pub.lio.~! o ;.. liability insurance, at $100,000 per each occurrence or accident ' not to exceed $300,000 if more than' one p~r~on,tnvolV, ed,land to~ ! ;. ," furnish proof thereof to the City. .~ (e) .To-maintain the building in clean condition and go=d.-rep~i~... The-Chamber will be responsible for the maintenance and repat, r of voter and sewer lines and septic tank, and all baste structures. The City will be responsible only for cleaning of tl~e restrooms. The City will be responsible only for the first $100.00 for any vandalism or damage at the public restrooms; any other expenses to be the expenses of the Chamber. 3. In the event of the dissolutio~n~f~'=th'&,~Ch~mbe.~ or if it otherwise ceases to exist in its' capactt~:,"br,l~f.:.the building is no longer used for Chamber of uommerce purposes o.~"inacttvity for a period of six ($) months, then said real '~roperty; and all improvements located thereon, shall revert-'~o:the'.City_.. 4. There shall be no encumbrances on building or land by the Chamber of Commerce without written approval of the City Council. IN ~ITNESS WHEREOF, the parties have caused these presents to be executed in their names and their corporate seals to be ] l(}S1SF E2 Z I I hereunto affixed, by their proper officers thereunto duly authorized~' .this ~ day of F~, !978. CITY OF SEBASTIAN, FLORIDA a mu~icipal corpora=ion Attest: SEBASTIAN al~r2a AREA CaA~BER OF C0~ERCE, .a non-proEit Florida. corp. FiU:D FOR RECORD BOOK AND PAGE ABOVe-- RECORO VERIFIED CI~RK Of ~RCUIT COURT ; The State 9-1-1 plan establishes the Board of County Commissioners in each coUnty as the responsible fiscal agent. Therefore, ultima~e responsibility and authority for 9-1-1 within a.county rests with the~e bodies. The Board of County Commissioners in many counties have designated a knowledgeable individual to act as 9-1-1 coordinator. This individual is responsible for the ceordination of all agencies that participate in the county program on behalf of the Board of County Commissioners. The 9-1-1 Coordinator should be positioned at a level in the county organization to carryout the directives of the Board of County Co,.missioners, to accomplish the objectives of the county 9-1-1 system plan, to meet or exceed the technical and operational standards for 9-1-1 systems and to keep the Board advised of the status of the 9-1-1 program in the county. It is recommended tha~ the 9-1-1 coordinator report to the county manager or assistant county manager position. This level is consistent with the coordination requirements of this individual to carry out the supervisory activities necessary to the functioning of the county 9-1-1 system. 9 - 1 - 1 SYSTEM REOUIREMENT$ TTDes 9f 9-1-$ SM0tems There are five (5) types of 9-1-1 systems operating in the various counties of Florida (The order shown is not indicative of ranking) ~ 1. Type Type Type Type 5~ Basic 9-1-1 Basic 9-1-1 With ANI Basic 9-1-1 with ANI and ALI (also known as a Stand Alone Location identification System (SALI)) Fully Enhanced E 9-1-1 provided by the regulated telephone company. This includes selective routing, ANI, ALI and selective transfer. Fully Enhanced E 9-1-1 in which the regulated telephone company provides ANI and customer service records. County controlled equipment provides selective routing, ALI and selective transfer. 6. It is the intent of the Legislature that the "911" fee authorized by this section to be imposed by coun- ties will not necessarily provide the total funding required for establishing or providing the "911" service. For purposes of this section, "911" service includes the functions of database management, call taking, loca- tion verification, and call transfer. The following costs directly attributable to the establishment and/or provi- sion of "911" service are eligible for expenditure of moneys derived from imposition of the "911" fee author- ized by this section: the acquisition, implementation, and maintenance of Public Safety Answering Point (PSAP) equipment and "911' service features, as defined in the Florida Public Service Commission's lawfully approved "911" and related tadffs and/or the acquisition, installation, and maintenance of other "911" equipment, including, call answering equipment, call transfer equipment, ANI controllers, ALI controllers, ANI displays, ALI displays, station instruments, "911" telecommunications systems, teleprinters, logging recorders, instant playback recorders, telephone devices for the deaf (TDD) used in the "911" system, PSAP backup power systems, consoles, automatic call distributors, and interfaces (hardware and software) for computer-aided dispatch (CAD) systems; salary-and associated expenses for "911" call takers for that por- tion of their time spent taking and transferring "911" calls; salary and associated expenses for a county to employ a full-time equivalent "911" coordinator position and a full-time equivalent staff assistant position per county for the portion of their time spent administrating the "911" system; training costs for PSAP call takers in the proper methods and techniques used in taking and transferring "911" calls; and expenses required to develop and maintain all information (ALI and ANI databases and other information source repositories) necessary to properly inform call takers as to location address, type of emergency, and other information directly relevant to the "911" call-taking and transferring function. The "911" fee revenues shall not be used to pay for any item not listed, including, but not limited to, any capital or operational costs for emergency responses which occur after the call transfer to the responding public safety entity and the costs for con- structing buildings, leasing buildings, maintaining build- ings, or renovating buildings, except for those building modifications necessary to maintain the security and environmental integrity of the PSAP and "911" equip- ment rooms. The State 9-1-1 plan establishes the Board of County Commissioners in each county as the responsible fiscal agent. Therefore, ultima~e responsibility and authority for 9-1-1 within a-county rests with these bodies. The Board of County Commissioners in many counties have designated a knowledgeable individual to act as 9-1-1 coordinator. This individual is responsible for the ceordination of all agencies that participate in the county 9-1-1 program on behalf of the Board of County Commissioners. The 9-1-1 Coordinator should be positioned at a level in the county organization to carryout the directives of the Board of County Commissioners, to accomplish the objectives of the county 9-1-1 system plan, to meet or exceed the technical and operational standards for 9-1-1 systems and to keep the Board advised of the status of the 9-1-1 program in the county. It is recommended that the 9-1-1 coordinator report to the county manager or assistant county manager position. This level is consistent with the coordination requirements of this individual to carry out the supez-*isory activities necessary to the functioning of the county 9-1-1 system. ~ - 1 - 1 SYSTEM REOUI~NTS TvDes of 9-1-1 Svst_ems There are five (5) types of 9-1-1 systems operating in the various counties of Florida (The order shown is not indicative of ranking): T ~1. Type~o~ Type 4. Type 5. Basic 9-1-1 Basic 9-1-1 With ANI Basic 9-1-1 with ANI and ALI (also known as a Stand Alone Location Identification System (SALI)) Fully Enhanced E 9-1-1 provided by the regulated telephone company. This includes selective routing, ANI, ALI and selective transfer. Fully Enhanced E 9-1-1 in which the regulated telephone company provides ANI and customer service records. County controlled equipment provides selective routing, ALI and selective transfer. 6. It is the intent of the Legislature that the "911" -fee authorized by this section to be imposed by coun- ties will not necessarily provide the total funding required for establishing or providing the "911" service. For purposes of this section, "911" service includes the functions of database management, call taking, loca- tion verification, and call transfer. The following costs directly attributable to the establishment and/or provi- sion of "911" service are eligible for expenditure of moneys derived from imposition of the "911" fee author- ized by this section: the acquisition, implementation, and maintenance of Public Safety Answering Point (PSAP) equipment and "911" service features, as defined in the Florida Public Service Commission's lawfully approved "911" and related tariffs and/or the acquisition, installation, and maintenance of other "911" equipment, including call answering equipment, call transfer equipment, ANI controllers, ALI controllers, ANI displays, ALI displays, station instruments, "911" telecommunications systems, teleprinters, logging recorders, instant playback recorders, telephone devices for the deaf (TDD) used in the "91 '1" system, PSAP backup power systems, consoles, automatic call distributors, and interfaces (hardware and software) for computer-aided dispatch (CAD) systems; salary and associated expenses for "911" call takers for that por- tion of their time spent taking and transferring "911" calls; salary and associated expenses for a county to employ a full-time equivalent "911" coordinator position and a full-time equivalent staff assistant position per county for the portion of their time spent administrating the "911" system; training costs for PSAP call takers in the proper methods and techniques used in taking and transferring "911" calls; and expenses required to develop and maintain all information (ALI and ANi databases and other information source repositories) necessary to properly inform call takers as to location address, type of emergency, and other information directly relevant to the "911" call-taking and transferring function. The "911" fee revenues shall not be used to pay for any item not listed, including, but not limited to, any capital or operational costs for emergency responses which occur after the call transfer to the responding public safety entity and the costs for con- structing buildings, leasing buildings, maintaining build- ings, or renovating buildings, except for those building modifications necessary to maintain the security and environmental integrity of the PSAP and "911" equip- ment rooms. City of Sebastian 1225 MAIN STREET a SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 n FAX (561) 589-5570 EMPLOYEE OF THE FIRST QUARTER Detective Joseph Byers has been selected as Employee-Of~The-First-Quarter for 1998. Joe Byers started with the City of Sebastian Police Department as a police officer on December 1, 1994. He was promoted to Detective on June 24, 1997. Detective Joe Byers has exceeded the department expectations through his initiative and seemingly unstoppable endeavors to make the residents of Sebastian safer and provide comfort to those who have suffered loss due to criminal activity. Detective Byers has accomplished a record of what now stands at 261 warrants. He has demonstrated not only his ability to solve crimes, but more importantly, his desire to do so. Detective Byers is an asset to the City of Sebastian Police Department and the residents of Sebastian as well. May 11, 1'998 i HC)M£ OF PEJJC~4 ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, AUGUST 23, 2000 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA.ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK - 7225 MAIN STREET, SEBASTIAN, FLORIDA individuals will address the City Council.with respect to agenda items immediately before deliberation of the item by the City Council - limit often minutes per speaker (R-99-21) 1. CALL TO ORDER 00.181 1 3. 4. $. PLEDGE OF ALLEGIANCE INVOCATION - Dr. Ronald D. Thomas, Sr. - Sebastian United Methodist Church ROLL CALL ~,GENDA 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) PROCL~/IATIONS. ANNOUNCEMENTS ANplOR PRESEN'~TIONS A. Proclamation - Honoring Jenn~ Follmer on Her 100th Birthday CITY ATTORNF.._Y MA'I-rERS CITY MANAGER MA'I-rERS 00.~82 9. A. DiScussion of Traffic Logistics - Laconia Street by City Engineer, Ralph Brescia CITY CLERK MATTERS 10. CITY COUNCIL MATTERS A. Mr. Majcher R. Mayor Barnes C. Vice Mayor Bishop D. Mr. Barczyk E. Mr. Hill 3-16 00,183 17-18 00. I ~0 I g-23 00,184 25-31 00,185 33.34 00.166 35-36 00.187 37-39 00.143 41 11. 12. 13. 14. 15. 16. CONSENT AG ENDA All items on the consent agenda ere considered routine and will be enacted by one motion. There wi~ be no separate discussion of consent agenda items unless e member of Cit~ Counc~ so requests; in which event, the item will be removed and acted upon separately. A. Approval of Minutes - 8/9/00 Regular Meeting, 8/16/00 Workshop Morrissiey Wedding Reception - Use of Community Center - A/B - 10/21/00 - 7 pm to 11 pm (C/ty Clerk Transmittal 8/4/00, Appfication) PUBLIC HEARING Procedures for public hearings: (R.99.21) · Mayor Opens Heating · Attorney Reads Ordinance or Resolution · Staff Presentation · Public Input - Limit of Ten Minutes Per Speaker · 'Staff Summation · Mayor Closes Hearing · 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 forthe Record Ordin~.[~ce Nq, O-00-18 - Abandon Old Barber Street Right-_of-Wa, y- Second Reading and Final ~doot~on_{C/hj' Attorney Transmittal 8/23/004 (~-00-1~ 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. 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 COMMITTEE REPORTS/RECOMMENDATIONS Plannil~o and 7oning Commission (City Clerk Transmittal 8/14/00, ~ Application, Member List, Ad) 1. Interview, Unless Waived; and Appoint Alternate to Unexpired Term to 11/1/2001 OLD BUSlNI~SS ~ None NEW BUSINESS Ceremonial Dedication of a Po~on of Barber Street for the Late Mayor Martha S. Wininger (Growth Management Transmittal 8/16/00, Growth Management Manager Memo $/16/00) Approve City Engineering Consultant Ranking and Authorize Contract Negotiations with Number One Ranked Firm (Purchasing Transmittal 8/14/00, Selection Committee Matrix) Authorize City Attorney to File Release of Lien Against Property of Herbert Sturm (City Manager Transmittal 8/16/00) Authorize Expenditure of $23,440 for Design/Engineering Services by The LPA Group, Inc. For Runway 4-22 Lighting Project (Purchasing Transmittal 8/16/00) 00.188 43-61 Resolution No. R-00-40 - Authorizing City Manager to Execute JPA with FDOT - Rahab Taxiways (City Man~.ger Transmittal 8/15/00. R-O0-40. E~hibit 'A" Agreement) a RESOLUTION Of THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT FOR THE PURPOSE OF FUNDING REHABILITATION OF AIRPORT TAXIWAYS, INCLUDING LIGHTING, MARKING AND SIGNAGE; .PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 00.189 63-72 Resolution ~,~o~F;~-00-48 - City of Sebastia~_Air. por~ Lease A.greernent~for Golf Course (City Manage)' Transmittal ~/f 7/00. R-O~-4~xhibi~ 'A' Lea~e ~greemet~,) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING RESOLUTION NO. R*86,4A, AUTHORIZING THE CITY MANAGER TO EXECUTE A NEW LEASE AGREEMENT BY AND BETWEEN THE CITY OF SEBASTIAN FOR USE OF LAND FROM THE SEBASTIAN MUNICIPAL AIRPORT IN THE OPERATION OF THE SEBASTIAN MUNICIPAL GOLF COURSE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 00.1901 99.201 73-B6 Sebastian Habitat Conservation Plan - Approve Acceptance of Incidental Take Permit and Authorize City Manager to Process Formal Amendment in Accordance with Terms Set Forth by City Attorney (City Manager Transmittal 8/16/00, F&W Letter 8/14/00, CM Letter 8/4/00, F& W Letter 8/3/00, CA Memo 8/3/00) 00.191/ 99.053 87-88 17. Approve settlement Agreement in the Case of Maxwell Contracting vs. City of Sebastian for Dempsey/Vocelle Drainage.Project in the Amount of $99,500 (City Manager Transmittal 8/16/00) ADJOURN (Afl meetings shall adjourn et 10:30 p.m. unless extended for up to One half hour by a majority vote of City. Council) ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) I/~LL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHiGH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F. SJ IN COMPUANCE WITH THE AMERICANS WITH DISABILITIES AcT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 58g-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings. UJscorning Mee#ngs'. · Regular Meeting and 1st Budget Hearing - Wednesday, 9/13/2000 - 7 pm Regular Meeting and 2nd Budget Hearing - Wednesday, 9/27/2000- 7 pm ! ! wREREAS, living w~th pride and dignity is a goal Striven by for who are blesssed with healthy mental attitudes toward life; and WHEREAS, a portion of our population will have a healthy, involved and active life and will live well into theix 10th decade with vigor and happiness; and WltEREAS, Jena~ Follmer celebrated her 100th bh-thday on August 20, 2000; and WItEREAS, during a long and productive lifetime Jenn~ has demonstrated in countless ways her dedication to the welfare of others and has earned the respect and admiration of people from all walks of life and all ages; and WltEREAS, Jema~ has lived during the most eventful century of this world's kisto~ and, inher own way, has been a force for good and a stabilizing influence on those around her dm'ing these turbulent years. NOW TItEREFORE, I, Walter W.. Barnes, by virtue of the authority vested in me as Mayor of the City of Sebastian, .Florida, and on behalf of -the Sebastian City Council, do hereby deem it an honor and Privilege to recognize Jenn 5 Follmer on the celebration of her 100th bh~daY, and join her many friends in wishing her shaeere best wishes for many more happy, productive years. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Sebastian, Florida, to be affixed this 20th day of August, 2000. ATTEST: Kathry~ M. O Halloran~ City Clerk Walter W, Barnes, Mayor I SEBASTIAN CITY COUNCIL MINUTES I REGULAR MEETING WEDNESDAY, AUGUST 9, 2000 - 7:00 P.M. I CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA i 1. Mayor Barnes called the Regular Meeting to order at 7:03 p.m. 2. The Pledge of Allegiance was recited. I 3. There was a moment of silence. I 4. ROLL cALL City Council Present: Mayor Walter Barnes I Mr. Joe Barczyk Mr. Edward J. Majcher, Jr. Mr. James Hill I City Counc~LAbsent; Vice Mayor Ben A. Bishop (excused) I staff Present: City Manager, Terrence Moore City Attorney, Rich St,ri,'nger I City Clerk, Kathryn O Halloran City Engineer, Ralph Brescia Finance Director, Mark Mason Police Chief, Randy White I Public Works Director, Terry Hill Deputy City Clerk, Sally Maio , Regular City Council Meeting August 9, 2000 Page Two 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS.) Items not on the wrY'ten agenda may be added only upon a rnajodty vote of City Council members (R-99-2'I) The City Manager requested moving consent agenda item E o0.177 A.D,)rove Te.~)orarilv Closin_q Creative Play~lround at Barber ~f Sports Complex Exce. pt_~_~n~l SetArea For Necessary Re~airs an~ Replacements to New Business C. The City Attorney requested addition of a new Resolution No. R-00-44, clarifying the boundaries of the Community Redevelopment District. City Council concurred with both changes. 6. PROCLA[~A~[ONS, ANNOUNCEMENTS AND/OR PRESENTATIONS ' 00.075 A. Presentationo~f Certificate of ApDreciatioj3 - H a. rrs' Thomas - Former Metropolitan Planning Organization CitJze~ Adv'Ls_qry C_ommitteeJvlemb~r ~ 1993 Throuah 2000 Mayor Barnes presented a certificate of appreciation to Harry Thomas. 00.175A B. .Presentations Public Works Director. Terry Hill - Efforts Implemented as Outlined in 1996 ~:raven [hon~pson Study The Public Works Director reviewed a report he submitted to Council entitled ~Chart of Perimeter System First Priority Repairs" (see attached). The City Manager stated that anticipated grant funds will be used to establish a stormwater master plan which will utilize the stormwater park property recently acquired by St. Johns River Water Management District in addition to city-wide drainage i, mprovement~. St. Johns ~_r WaterManagement District Representative Troy Rice, St. Joht~s River Water Management District, reiterated that the Craven Thompson study was simply a study and that the current grant funding is for a cost share agreement to develop a stormwater master plan for the entire City, including the 146 acre stormwater park, with the goal of reaching a 65% reduction of pollutant loads from the City drainage area into the Sebastian River and Indian River Lagoon. He said the plan will provide best management practices which the city can utilize, and assist th.e City in Preparing for 2002 when Department of Environmental Protection requirements go into effect. He assured Council that the Craven Thompson study data will be utilized. 7. ~J'rY A'I-I'ORN EY MATTERs Announced that staff will attend the Indian River County Commission public hearing on the local , option gas tax on August 22, 2000 at 9 am Requested prior approval of expenses for his attendance at the Environmental Land Use Law Section of the Bar conference from August 16 - 19, 2000 in the amount of $879 by Barczyk/Hill MOTiON~ I move to adopt the resolution to approve the attorney travel to the Environmental Bar meeting on August 16th." Regular City Council Meeting August 9,200{) Page Three ROLL CALL: MOTION CARRIED 4-0 Mayor Barnes Mr. Bishop Mr. Barczyk Mr. Majcher Mr. Hill - aye - absent - aye - aye - aye CITY MANAGER_MATTERS None. CITY CLERK MATTERS None. 10. cITY COUNCil. MATTERS A. Mr. Hill None. B, Mr,_Majcher None. C, ~layor Barnes None. D. Vice Mayor Bishop Absent. ~r. Bamzyk , Said there are City committees that have not met in a long time, such as the Cemetery Board, Citizen Advisory Task Force, and suggested there be a review to decide what committees should remain active. 11. CON~ENT AGENDA All items on ~he consent agenda are considered routine and will be enacted by one motion. There w/il be no separate discussion 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 - 7/19/00 Workshop, 7/26/00 Regular Meeting 00.174 B. Re~o.[!~tjon No. R-00-41 -Vacation of Easement- Mackenzie -Lots 9 & 1_~ Block 154. SH Unit 5 {Growth Management Department Transmittal 7/31/00, R-00-41, Application, Site Map, Staff Report. Utility Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 9 & 10 BLOCK 154, SEBASTIAN HIGHLANDS UNIT 5; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR AN EFFECTIVE DATE. Regular City Council Meeting August 9, 2000 Page Four 00.175 C. Resolutiort NO, R-00-42 - Va. catiop of Easement - Wilbite - Lots 28 & 29L B[o_ck 162. SH Unit 5 £Growth Management Department Transmittal 7/31/00, R-00-42, Applica~n~ Site MaD. Staff LRepot~JJtilitv J_etters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS ~8 & 29. BLOCK 162, SEBASTIAN HIGHLANDS UNIT 5; PROVIDING FOE CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR AN EFFECTIVE DATE. 00.176 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 - 3/11/01 - 10 am to 4 pm (City Manager Transmittal 8/1/00, PIPS Letter) The City Manager read the consent agenda and the City Attorney read Resolution Nos. R-00-41 and R-00-42 by title. It was noted that the lot numbers for titles for R-00-41 and R-00-42 were transposed (and are corrected above). MOTION by Hill/Barczyk '1 move to approve consent agenda items A through D with corrections.' ROLL CALL: Mr. Bishop - absent Mr. Barczyk - aye .Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye MOTION CARRIED 4-0 12. PUBLIC HEARING 00.042 A. 49-82 Ordin~pce No. O-00-17 - Budget Amend~tent - Secor~d Reading and Final Adoption (Finance Director 7rans~!ittal 8/3/00. O-00-17~ 3rd Qtr Bud_qet I~evie~Merno~ 3rd Qtr Income S~.aternent, Pro. iect Status Reports. Investment Summary as of 6/30/0~ 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/oo) The City Attorney read Ordinance No. O-00-17 by title and Mayor Barnes opened the public heating at 7:35 p~m. The Finance Director requested one amendment to capital projects adjustments, to change $335,499 to $336,727, which changes the amended budget to $2,916,887. Mayor Barnes closed the public hearing at 7:40 p.m. MOTION by BarczykJMajcher "1 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 Airpor~ Fund," 4 Regular City Council Meeting August 9, 2000 Page Five ROLL CALL: Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - absent MOTION CARRIED 4-0 13. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC item that bas occurred or wss ~scovered within the previous slx months which is not othe/wise on the agenda, sign- ,up required- fire# of tan minutes for each speaker Sal Neglia, Sebastian, urged that Council scrutinize the budget, and asked about installation of blue markers adjacent to fire hydrants. The City Manager said arrangements have been made to contact the County to facilitate this. Mayor Barnes advised that each Councilmember met individually with the City Manager and Finance Director to go over any budget questions they had. 14. COMMITTEE REPORTS/RECOMMENDATIONS None, 15. OLD BUSINESS None. 16. JNEW BUSINESS 00.173/ A. 99.223 Authorize City Manaoer to Execu~;e Cost Share Agreement with St. Johns Riv~_rWater Management District for Develooment of Community Stormwater Management Plan ($100,000) £CitY Manager ?-ransmitfal 7/27/00. Agreement) Tape I-Side II (7:48 p.m.) Robert Pliska, Sebastian, asked if any provisions of the prior study had been implemented or if any data had been collected since its completion. MOTION by Hill/Majcher "1 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." Discussion took place on whether it was appropriate at this time to establish a committee, The City Manager said there will be public workshops scheduled. ROLL CALL: Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - absent Mr. Barczyk - aye MOTION CARRIED 4-0 Regular City Council Meeting August 9, 2000 Page Six 00.187/ B. 99.182 00. ~ 77 C. Tape II- Side I (8:35 Authorize City Manager to_~xecute Grar~t~Aqreement with Department of Environmental Protect[oiL/Florida RecreatiorL Deye_lopment Assistance Program_(FRpAP3 for Im[~rovemen~to.. _Barber Street Si3orts Corz'[plex ~unding Not to Exceed $150,O003 (Ci~ Manager Tran~m'ittal 7/31/00~ Grant Aareement) Mr. Hill recommended the Barber Street Sports Complex sign be improved. MOTION by Majcher/Hill "1 move to authorize the City Manager to execute the Grant Agreement between the City of Sabastian and the Florida Recreation Development Assistance Program for improvements to the Barber Street Sports Complex." ROLL CALL: Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - absent Mr. Barczyk - aye Mr. Majcher - aye MOTION CARRIED 4-0 AI)orove Temporarily CiQsing Cma_ti. ye Plavoround at Barber StreeLS~.orts Complex Except Swing Set Area. For Necessary Rel3airs and ReDlacements (City Man{tger ]'J'ansrnittal 8/3/00) The City Manager'said he had met with the new City Engineer and Public Works Director to assess safety concerns at the Creative Playground. The City Engineer said there are maintenance issues such as splintered wood, protruding nails, missing hand grips, roofs that need replacement, etc. which mandate that the playground be temporarily closed; and advised that the playground needs routine annual maintenance. The Public Works Director said Wayne Anderson, Safety Inspector with Florida League of Cities, had advised that the facility be closed and stated there are concerns regarding use of pressure treated ~/ood for playgrounds. Mr. Hill recommended the repairs be done now rather than waiting until October to begin the process. Discussion took place on the lack of maintenance on these types of recreation facilities, looking atthe existing budget to see what funds might be available, and the need for repairs at the Riverview Park playground as well. The City Manager said there is funding in the proposed FY 2001 budget for maintaining park facilities, however, if it is Council's wish to expedite the Creative Playground repairs at this time, he will work with staff and come back with a recommendation. Hilda Stringer, Sebastian, said closing the Creative Playground will affect a lot of Sebastian families and recommended it remain open until new equipment is installed. Sal Neglia, Sebastian, recommended the playground be closed temporarily at this time due to safety concerns. Regular City Council Meeting August 9, 2000 Page Seven Kathryn ???, expressed concern that it could take six months to one year for new equipment, and recommended only safety repairs be made at this time. Following further discussion on the type of materials that would be utilized and approximate cost for the new equipment, it was the consensus of Council to get started right away and the City Manager was directed to come back with a recommendation to begin the process. Mayor Barnes called recess at 8:43 p.m. and reconvened the meeting at 8:55 p.m. All members present at roll call were present when the meeting reconvened. 00.'/50 D. J=irst Reading of Ordina]3ce No, ~)-00-18 - Abandon_Old Barber Street Right-of-Way- Set Public Hearing for 8/23/00 (City Attorney 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, noting this related to the tri-party agreement .with Nelson Hyatt, Indian River County and the City of Sebastian. MOTION. by Barczyk Imove we pass Ordinance O-00-18 on tirst reading and set public hearing for second reading on August 23, 2000." ' ROLL CALL: Mayor Barnes - aye . Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye MOTION CARRIED 5-0 00.156 E. First Reading of O~dinance No. O~00-19 - AmendJl3q Parking Ordinance - Set Public Hearing for 9/13/00 ( City Afforney Transmittal 8/3/004 O-O0-1g) 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. Council discussion took place on suggestions to limit the number of vehicles allowed to park C~ on a property; to look out for all citizens when regulating parking, and to allow people who have more vehicles than can fit in their driveway to park in their own swale. David Johns, Sebastian, said the proposal to let only certain people park in swales would be unenforceable. Karen ??, Sebastian, asked how people having club meetings in homes will park. & Regular City Council Meeting August 9, 2000 Page Eight Sal Neglia, Sebastian, objected to allowing parking in swales. Mickey Bray, said he was opposed to parking in swales. Tape II. Side II (9:25 p.rn.) The City Manager said swales are publicly owned, the City is ultimately responsible for them and cannot enforce property owners to maintain swales. Chief White noted Palm Bay bans parking and driving in swales but does allow parking on the shoulder of the road, suggesting that perhaps the City might want to consider this and define what a swale is. David Johns, .and Sal Neglia again addressed Council. Following a lengthy discussion, Mayor Barnes suggested the City Attorney draft an ordinance to ban parking in the right-of-way or swale, subject to modifications at a later date to accommodate people having parties and who have a legitimate need to'park in right-of~way under certain conditions. City Council concurred. 00.148 F. First Reading of Ordinance No. O-00_-2._0 - Amen~na Park Use Ordinance - Set Public Hearing for 9/13/00 (City Attomev Trans~tp! 8/3/00. 0-00-'1~ 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. City Council review followed and only one minor change was made, to change the word "and trailer" to "or retrieve". Mayor Barnes reminded staff that a fish cleaning table is needed near the Main Street ramp. MOTION by Majcher/Hill ~1 make a motion to pass Ordinance 0-00-20 on first reading and set public hearing for second reading on September 13, 2000, as amended." · ROLL CALL: Mayor Barnes - aye Mr. Bishop - absent Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye MOTION CARRIED 4-0 00.179 G. .Resolution NO. R-00-44 - Clarify. lng the (;:;0mmunity Redevelopmert[pistrict Boundaries A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, CLARIFYING COMMUNITY REDEVELOPMENT DISTRICT BOUNDARIES FOR PURPOSES OF FINANCING COMMUNITY REDEVELOPMENT TRUST FUND; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. ! Regular City Council Meeting i August 9, 2000 Page Nine I The City Attorney read the resolution by title and briefly explained the purpose of the resolution is to include in the redevelopment district any tax parcel dissected by the current district boundary line. i MOTION by Hill/Barczyk "1 .move to approve Resolution R-00-44." ROLL CALL: Mr. Bishop - absent I Mr. Barczyk - aye Mr. Majcher - aye · Mr. Hill ' -aye I MOTION CARRIED 4-0 Mayor Barnes - aye I 17. Being no further business, Mayor Barnes adjourned the Regular Meeting at 10:05 p.m. I I Approved at the ,2000 Regular City Council Meeting. I Walter Barnes Mayor I Kathryn M. O'Halloran, MMC i.City Clerk I I I i ! ! SEBASTIAN CITY COUNCIL I WORKSHOP MINUTES WEDNESDAY, AUGUST 16, 2000 -7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Barnes called the Workshop to order at 7:03 p.m. The Pledge of Allegiance was recited. ROLl. CALL City Council Present; Mayor Walter Barnes Vice Mayor Ben A. Bishop (7:04 p.m.) Mr. Joe Barczyk Mr, Edward J. Majcher, Jr. Mr. James Hill .(excused) Staff Present: City Manager, Terrence Moore City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Maio Building Director, George Bonacci Golf Course Director, Greg Gardner Growth Management Director, Tracy Hass Human Resources Director, Rich Samolewicz Police Chief, Randy White Police Captain, David Puscher Public Works Director, Terry Hill Assistant Public Works Director, Jerry Conveme Administrative Assistant, Linda Kinchen Cemetery Sexton, Kip Kelso Garage Supervisor, Darryl Thompson Building Maintenance Supervisor, Mark Veldt Parks Supervisor, Chris McCarthy City Engineer, Ralph Brescia Finance Director, Mark Mason Budget Review Advisory Board Membem Larry Napier Gene Rauth City Council Budget Workshop August 16, 2000 Page Two 4, 2.00012001 FY BUDGE'~ A. OPENING COMMMENT$ - CITY MANAGER The City Manager gave a brief opening presentation on the proposed budget. DEPARTMENT GOALS. OBJECTIVES AND PROGRAMS - FISCAL YEAR 2_001 1. Buildin~t Department Fund 001 Organtze#on Code: 010085 2. Golf Course Fund 410 Organization Code: 410010 Golf Course Revenue Organization Code: 410110 Administration Code Organization Code: 410120 Greens Division 3. Growth Management Department Fund 001 Organization Code: 010080 '4. [-luman Resources Fund 001 Organization Coda: 010035 5. Poli~e Department Fund 001 Organization Code: 010041 Police Administration Division Organization Code: 010043 Police Uniform Division '~' Organization Coda: 010045 Code Enforcement Division Organization Coda: 010047 Police Detective Division Organization Cede: 010049 Police Dispatch Division TAPE I- SIDE II (7:48 p.m.) 6. TAPE II- SIDE I (8:34 p.m.) 8. Public WorkslErtgineering Fund 001 Organization Code: 010052 Roads and Drainage Department Organiza~fon Code: 010054 Central Garage Organization Code; 010056 Building Maintenance Organization Code: 010057 Parks and Rec Department Organization Code: 010059 Cemetery City Clerk Fund Organization code: 010009 City M~rtaaer/Airport/City Attorney city Manager Fund 001 Organization Code: 010005 Legal Fund 001 Organization Code: 010010 Legal Dept Airport Fund 450 Organization Code: 450010 Airport Revenue Organiza~on Code: 450110 Airport Administration Each Department Head and/or Supervisor of the Divisions thereof, presented goals and objectives for their respective departments, as set out in the proposed budget. I I I I I I i I I I I I I I I I I i City Council Workshop Budget August 16, 2000 Page Three Finance Departmeq~/ExDlanation of Specific Fund Budgets. Non-Departmental and General Fund Revenue Fund. O01 Organization Code: 010020 Finance Department The Finance Director briefly described his goals for fiscal year 2000/2001 and recapped the general fund. Specific.Fund Budoets The Finance Director then went on to explain proposed uses of Local Option Gas Tax Funds which may increase as a result of a County hearing scheduled for next week, Discretionary Sales Tax Funds, Riverfront Redevelopment Fund, Debt Service Fund, and Major Equipment Replacement Fund which is anticipated by October 1st. He reviewed his responses to questions posed by the Budget Review Advisory Board (see attached); and explained the decision to go with the Florida League of Cities 4.37% equipment loan to be drawn on as needed, and repaid within five years with 70% from discretionary sales taxes and 30% from the general fund. He further explained that the decrease in taxable value from the prior fiscal year increased the millage to 5.0053, resulting in staff's recommendation to decrease the millage back to 5.0000 mills, in effect actually lowering the millage. MaYor Barnes commended staff and the Budget Review Advisory Board for time spent on development of this budget, furthering explaining that each individual Councilmember met with the City Manager and Finance Director to review any questions they might have. Mayor Barnes called recess at 9:20 p.m. and reconvened the workshop at 9:33 p.m. All members were present. C. PUBLIC COMMENTS Ardith Hale concurred with the need for good park land, and said she was glad to be here. COUNCIL COMMENTS/DIRECTIO~IS City Council commended staff on the concise budget, said they had few problems with the budget as proposed, although Mr. Bishop said he may have some questions at the budget hearings. There were no recommended changes to the proposed budget. TAPE II- SIDE fl (9:36 p.m.) Following further Council discussion, the tentative August 30th budget workshop was canceled. 5. Being no further business, Mayor Barnes adjourned the budget workshop at 9:40 p.m. City Council Budget Workshop August 16, 2000 Page Four ApProved at the ,2000 Regular City Council Meeting. Walter Barnes Mayor , Kathryn M. O Halloran, MMC City Clerk City of Sebastian 1225 Main Str~,et Sebastian, Florida $2958 Telephone (56I) 5l~9-~$$0 FAX (~61) I~89-~70 Subject: Request for Rental of Community Center Exhibits: Application Dated 8/4/00 Expenditure Required: Department Origin: City Clerk~ ,/~'~ ~.,Date Submitted: 8/4/00 ];or Aienda of:: 8/23/00 Amount Budgeted: Appropriation Required: SUMMARY STATEMENT An application has been received from Wendy Morrissi~ for rental of the Conununity Center on October 21, 2000 from 7:00 P.M. till 1 i:00 P.M. for a wedding reception. She is also requesting permission to serve alcohol at the event. RECOMMENpJ~D ACTIQN Consider the request and act accordingly. m - ... CITY, OF SEBASTIAN -' .... m No, ' Street Oi~ PHONE ~~ -~ ~ 'MAILING ADDRESS: ~ ~ ., ,',:,, ~EOF~R0UP°Ro~eANi~TIoN: ' ':"-" A~IOIPATED .NUMBER OF PERSONS A~ENDING E~:: ' -- ' .'. ' ' . '. ' ~ce Use REOU~STED DA~: ~¢.~ ~ ¢ O~ TIU~:, From:. ~. ~To:__ ~k ,~ ..Only PL~B~ ANSWER ~8 OR NO: ' * 1. ARE KITCHEN'FACIL~I~8 REQUIRED? . ~ - 2. ARE YOU A RESiDE~ OF SEBASTIAN? ~' - 3. WILL DECOCTIONS BE PUT UP? ,, · ~ . Total ....... $ 4. WI~ ~HERE aE AN ADMissiON-OR DOOR CHARGE? ~ '-' T.~ 5. WI~ ALCOHOLIC BEVE~GES BE SER~D? ~ ~ F r / Total ........ $ (ay If a~er to ~ is Y~, Pe~ee's proof of ~e:_ . ~~ ~. ~ ~ ' (by If al~hol is to ~ ~ed, peri.ion is required by CEy Cou~dl/Your mque~ will ~' ' pmse~ed to ~uncil on: Make chec~ payable to C~ of Seba~ian (A se~ice fee of 5% or $10.00, whichever is greater, may be cha~ed for a dishonored che~ per City Resol~ion No. R-96~1) · O~ICE USE ONLY''- ' DATE ~AID , RECEIPT NO. INiTI~S i ~COHOL BEVE~GE REQUEST ~ APPRO~D ~ DISAPPROVED Police Depa.ment Agreement Vedfled (if appli~bie) ~ m ' Date Key Pickup Date: Key Returned Date: m SECURI~ DEPOSIT R~URNED BY CI~ CHECK f FOR $ ON: City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: Ordinance Ho. O-00-18 - Abandonment of Old Barber Street Right-of-Way Approved for Submittal by: City Manager Agenda No. ~, /~"-~ Department Origin: City Attorney Date Submitted: 8/17/00 For Agenda of: 8/23/00 Exhibits: O-00~18 Expenditure Required: Amount Budgeted: Appropriation Required: SUMMARY STATEMEN_T City Council passed Ordinance No. O-00-18 on first reading at its August 9, 2000 Regular Meeting. The Public Hearing was noticed in legal ads on August 11, 2000, and is presented for final adoption. R~CO MM ENDED ACTION Conduct the public hearing and upon conclusion, move to adopt Ordinance No. O-00-18. I I I ORDINANCE NO. 0-00-18 I AN ORDINANCE OF Tl~ CITY OF SEBASTIAN, INDIAN RIVER. I cot , om n, eaGaX-ov-wa voa vo a mGHWAY 1; PROVIDING FoR CONFLICT, PROVIDING FOR I SEVERABIL1TY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to an agreement between the City, Indian River COunty and Nelson I Hyatt originally dated January 14, 1997, Hyatt conveyed right of way to City for the realignmem of Barber SWeet as it'intersects with U.S. Highway 1; and I WHEREAS, pursuant to said agreement, once realignment of the street was completed, I City was to abandon the right-of-way for the former alignment; and WHEREAS, said realignment has been completed, and the City Council finds that the I right-of-way for the former alignment of Barber Street is no longer needed for a public purpose; NOW TKEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TRE I CITY OF SEBASTIAN, 131D~ RIVER COUNTY, FLORIDA, as follows: Section 1. RIGHT-OF-WAY ABANDONED. The City hereby abandons and i releases its interest in that portion of the right-of-way for Barber Street as recorded in Plat Book 14, page 97, Public Kecords of Indian River County, Florida, lying between the right-of-way for I U.S. 'Highway 1 and the right-of-way parcel described in the attached Exhibit "A", as further illustrated by the survey contained in said Exkibit. I Section 2. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. I Section 3. SEVERABIL1TY. 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 I 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 provisions. It shall further be I assumed that the City Council would have enacted the remainder of this Ordinance without said I invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 4. passage. EFFEC~ DATE. This Ordinance shall become effective upon final The foregoing Ordinance was moved for adoption by Councilmember motion was seconded by Councilmember the vote was as fonows: MayOr Walter Barnes Vice-Mayor Ben A. Bishop Councilmember Joe Barczyk Councilmember James Hill Councilmember Edward J. Majcher, Jr, The Mayor thereupon declared this Ordinance duly passed and adopted this August, 2000. The and, upon being put to a vote, day of CITY OF SEBASTIAN, FLOKII)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: Kich Stringer, City Attorney A ~IT _~/~ct podlon of on B0-f .DOt ~ht--oF~ k~n ~ ~ St~t. ~ ~ M ~t~ 20 ,~ 21, H B~15~ W. OW~g the I/4 U.S. ~ghw~ 1. ~n wn S 25'57'44' ~ olono the W~t r~ht-~f--~ I~, o (wto~ or ~.I0 I~t lo t~ ~1~ OF B~NNI~ of t~ ~Gg~ ~H~n of ~r Stol T~n ~n S ~'O2'16' W. o~ the No~h m~W Cu~ Oonc~ tO t~ No~hwut. ~en ~n ~ t~ =u~. thm~h O the ~=ti~ ~r St~t OflgnNnt. Then mfl S I'D2'~9' W o MLO~e Of ~.~ l~t to t~ ~lnt of Ou~ OF O ~--f~t ~ cu~, ~ncM ~ t~ N~hw~L ~en ~n ~o~ t~ cu~, through o central o~ of 2~'3~", on o~ (mton~ of 2~6 t~t ~ o ~nt of ~ng~. ~en ~n N ~'02'16' E a d~toncl of 403.24 /el~ to O ~lnt In ~l Mt ~ht-of-w~ fl~ of U~ ~g~ I. ~n mn N 2~57~' W, oioh9 the W~t ~ht-o~-w~. o ~S~h~ Of ~.~ f~t ~ t~ ~ OF B~NI~ ~stcj. '1 o:~ 2 City of Sebastian 1225 Main Street Sebastian, Florida 32958 Telephone (561) $89-5330 FAX ($Sl) 589-S570 Subject: Planning and Zoning Commission Agenda No. Approved for Submittal by: City Manager Department Origin: City Clerk: .//~"~ ~ Date Submitted' 8/17/00 -- Exhibit,:One ~ppli,a~, Board M~mb,r ~i,t, ~xp~nditum R, quimd: ~mount Budget, d: ~ppropriation R,quimd: SUMMARY STATEMENT The Planning and Zoning Commission has an open alternate member position vacated by Richard Smith when he was appointed to a regular member position. The alternate position was advertised and resulted in submittal of two applications, however, one of the applicants withdrew his application. RECOMMENDED ACTION Interview the remaining applicant, unless waived, and appoint as follows: 1) one alternate member to the unexpired term to expire 11/1/2001. ECEIVED · -CITY OF SEBASTIAN ~OFFIOE OF OiTY OLER'.K ~'Board ~md'Committum Membmm Must'be Re.~dents',ofth~ City ' . ,, . ~ .... :.J' ;':~ "~ ' J.'..'" ~ ;:3. · ,~-'*,'" . ...... ;---..,.. HOME PHONE: BUSRqESS: BUSINESS ADDRESS:' BUSINESS PHONE: BUSINESS FAX: E-MAIL: YOU A rmmo vow_a? ~ YOUP~~Y ~ ON ~ O~ C~ BO~ OR CO~E? CHA~'m:R Rm~'W COMMm~ (sm, es only ~S ~ ~W ~ORY BO~ CODE ~O~,:BO~ ,~,; CONS~U~ON BO~ ~I~P~ S~-~UA~ON CO~ P~G ~ ZO~O CO~SSION PONCE ~ BO~ OF ~US~S ~C~ON~ ~SOKY BO~ TREE ADVISORY BOARD OTHER TEMPORAKY COMMrITEE (B/lUTE IN CONRv[ITTEE NAME) '1 APPLICABLE 5DUCATION AND/OP'.EXPERIENCE: (atta~ s~p? _m..Tam: ff'n~ssary) . I'ha,,~ be~ provid~i with, ruud md md:rstand Ci~ of Se.b~ti~m Code of Ordinmm~s Sections 2-166 through 2-173 (attac~. lnfonnafio,, m.l~i,~e tn a sl~zm~ bomTd or. commim= is av~ilab!~.ifr~qu~st:& , Applic~t Sign~m~ as identification. No~Public, Sram ~f ~lorida --V/ \wp-formkapp licat_wpd r~v. 4/5/99 BOARD' TERMS AND YEARS FOR EACH INDIVIDUAL ARE AS OF 8/1/2000 AND WiLL BE REVISED AT THE BEGINNING OF EACH MONTH PLANNING & ZONING COMiViISSION 3 YEAR TERMS NIEETS 1ST AND 3RD THURSDAY OF EACH MONT]t - 7:00 I~.M. KELLY L MATHEi% 733 N. FISCHEK CIRCLE SEBASTIAN, FLOR/DA 32958 5.86-6287 ('J40 FULL TERM - 1ST tLEOULAK MEMBER YEAR.) AP?OnqTED TO REOULAKMEMBER POSITION VACATED BY SCOTT MATHIS: 1/12/2000 TERM TO EXPIKE: 11/1/2001 .rOSEPH W. SCHULKE 59 BLUE ISLAND STREET SEBASTIAN, FLORIDA 329.5 581-0793 569.$505 (WORK) APPO~FrED TO UNEXPIRED TERM OF 2ND ALTERNATE: 11/93 TERM'TO EXPIKE: 1/96 APPOINTED TO iST ALTERNATE VACATED BY MUNSART TERM TO EXPIRE: 11/95 '. APPOINTED PEG MEMBER :6/95 TEKM TO EXPIRE: .6/98 APPOINTED REGULAR/vlFQvlBER: 6/98 TERM TO EXPIRE: 6/2001 (2ND FULL TERM. 5TH KEGULAK MEMBER YEAR) /SAN VESIA O~~Y~) APPOINTED TO UNEXP. ALTERNATB 1742 STARFISH LANE SEBASTIAN, FL 32958 589.3516 POSITION VACATED BY $ CHULICE TERM TO EXPIRE: 1/96 APPOINTED TO UNBX~P. P. BOULA/{ MEMBEK POSITION VACATED BY HOWARD GOLDSTEIN: 11/95 TERM TO'BXPII{E: 4/96 REAPPOINTED TO REGULAR MEMBER POSITION: 5/96 TERM TO EX?IR.E: 4/99 REAPPOINTED TO REGULAR MEMBEK'POSITION: 4/14/99 TERM TO EXP]I~E: 4/2002 (2ND FULL TERM - rTE PEGULAR. MElvEBER YEAK) i I I i WILBUR.r. O'DONNELL 366 .rOI'HAVEN DR/VE SEBASTLMN, FLORIDA 32958 388-1423 (1ST FULL TERM . 1ST KEOULAR MEMBER YEAR) 83 APPOINTED REGULAR MEMBER POSITION VACATED BY KELLY MATHER: 11/17/99 TERM TO EXPIRE: 11/2002 CHARLES C. BARRETT, JR. 357 TUCSON LANE SEBASTIAN, FLORIDA 32958 589-7755 APPOINTED UNEXPIRED REGULAR lVIEIvlBBR POSITION VACATED BY CARL FI$CI-IEk 1/27/99 TERM TO EXPIRE: 5/1999 REAPPOINTED TO REGULAR MEMBER POSITION: 4/24/99 TERM TO EXPIRE: 5/2002 (1ST FULL TERM - 2ND REG~ MEMBER YEAR) WILLIA/M MAiT-IO~Y 207-DELAYVARE AYENUE SEBASTIAN, FLOPdI)A 32958 589-8524 APPOINTED TO AL/Y_JR.NATE MElvIBER POSITION VACATED BY SHIRLEY ~lLKELLY: 11/18/98 'i TEPdvl TO EXPIRE: · 11/1/2001 ' ~' APPOINTED TO 1LEGULAR lVIEMBEK · ' POSITION VACATED BY ROBERT PLISKA: 1/12/2000 ' TERM TO EXPIRE: 2/1/2002 (ALTERNATE YEA_KS AND TERMS NOT COUNTED) (NO lrOLL TERM- .1ST REGULAR MEMBER YEAR) /EAN'I~. CARBANO 433 BETTY AVENU]E SEBASTIAN, FLORIDA 3295 551-1397I{. 569-g961 W APPOINTED TO ALTERNATE MEMBER POSITION VACATED BY WIiL~ EVELY: ' 2/23/2000 TERM TO EXPIRE: 1/1/2002 (ALTERNATE YEARS AND TERMS NOT COUNTED)) PJCIiARD S. SNIITI{ 757 CARNATION DRllVE SEBASTIAN, FLOR/DA 32958 3 $ 8-6142 TO ALrmU AT ' R POSITION VACATED BY M MAHONEY: 2/23/2000 O EXPIRE: 11/i/2001 APPOINTED TO REGULAR MEMBER POSITION VACATED BY GEORGE GERHOLD: 7/26/2000 TERM TO EXPIRB: 6/1/2003 (ALTERNATE YEARS AND TERMS NOT COUNTED) (NO FULL TERM - iST REGI/AR MEMBER YEAR) STAFF LIMSON - GROWTH MANAGEMENT DIRECTOR BOARD SECRETARY - DORRI BOSWORTH 84 City of Sebastian 122$ Main Street, Sebastian, Florida 329!;8 Telephone (561) S811.$330 Q Fax (561) S89-SS70 E-Mail: city~cltyofsebastlan.org JIJLY 28, 2000 PRESS RELEASE · PLANAH~G AND ZONING COM]VIISSiON TtIE CITY OF SEBASTIAN iS SEEKING APPLICANTS TO FILL AN ALTEkNATE. ' MEMBER POSITION ON THE PLANNING AND ZONING 'COMMISSION. QUALIFICATIONS: RESiDENT 01~ TE[E CITY OF SEBAS'TIA_N TIKIS BOARD MEETS TIzfE FIP, ST AND TI-I/ILD TffU~SDAY OF EACI-I MONTH AT 7:00 P.M. ]/xl TtIE. COUNCIL CHAMBERS. 'APPLICATIONS ARE AVAILABLE IN TI-IE CiTY CLERK'S' OFFICE, CiTY tLAT I., 1225 MAIN STREET, SEBASTIAN, BETWEEN TIZl]g lqOURS OF 8:00 A.M. AND 4:3.0 P.M. AND WILL BE ACCF..P. TEDTi-iP,.0UGH FRIDAY, AUGUST 11, 2000. i City of Sebastian, Florida Subject: Ceremonial dedication of a portion of Barber Street for the late Mayor, Martha S. Wininger. Exhibits: EXPENDITURE REQUIRED: None Agenda No. ~./~ Department Origin: Growth Management Tracy E. Hass r~f' Date Submitted'August 16, 2000 For Agenda of: August 23, 2000' AMOUNT BUDGETED: None APPROPRIATION REQUIRED: None SUMMARY Recently there has been an expressed interest in re-naming a portion of Schumann Drive for the late Mayor, Martha Wininger. The re-naming would be ceremonial and serve as a memorial for the late Mrs. Wininger's service to the City. It would not be au official re-nam/ng of Schumann Drive, but as a ceremonial dedication applied to Schumann Drive. For researching the logistics behind such an effort, staff contacted Francie Sherwood, 911 coordinator for Indian River County, and she provided the attached information/guidance on ceremonial re-naming of streets. RECO/Vl/V[ENDED ACTION Review the following information and direct staff accordingly regarding the memorial dedication of Schumann Drive for Martha Wininger. ! ! City of Sebastian, 1225 MAIN STREET 13 SEBASTIAN, FLORIDA 32958 · TELEPHONE (561) 589-5537 [] FAX (561) 589-2566 TO: FROM: DATE: RE: Tracy Hass Director of Growth Management August 16, 2000 Posting an Alternative Street Name Today I had a conversation with Francie Sherwood, 911 Coordinator for Indian River County Emergency Services. I inquired about posting another street name on a portion of Schumann Drive, without actually changing the street name for address purposes. Francie was familiar with what I was asking. She said they call that a "historical street name". These are not acknowledged as true street names by the 911 system or the postal service. The street sign is posted with the true name in large, bold print. Under that, a separate sign, which is smaller, less bold and usually in parentheses will display the historical street name. As an example, she cited Martin Luther King Boulevard, which is actually 45th' Street. However, in all cases she can recall, the historical street name has been imposed on a previously numbered street. She feels that naming an already named street will cause too much confusion for the residents, emergency services and the post office. As an alternative, Francie suggested posting a plaque at each end of the selected area, which might read "this portion of Schumann Drive is hereby dedicated to the memory of Mart. ha Wininger ...". A plaque will allow more information with less chance for confusion regarding the street name. Whatever we decide to do, I need to keep Francie informed. Even a memorial plaque can be used to help someone on a cellular phone identify the location of an emergency. City of Sebastian, Florida Subject: Approve ranldng, and authorize contract negotiations for a City Engineering Firm Contract. Deparanent Origin: Purehasinr l ntraeting A~r Submittal by: Date Submitted: For Agenda of.' August 14, 2000 August 23, 2000 Exhibits: Selection Committee Ranking Matrix EXPENDITURE REQ~: N/A AiVIOUNT BUDGETED: N/A APPROPRIATION KEQU]RED: N/A SUMMARY. As our current contract with Engineers Mas-teller & Moler, inc., has expired, and in accordance with 287.055 F.S., "Consultants Competitive Negotiation Act" (CCNA) the City solicited Request for Qualifications from interested Florida Licensed Professional Engineering Firm(s) pertainingto various engineering services required by the CKy from time to time on an as needed basis. The successful firm will enjoy a 3 year contact with the city, and upon mutual consent of the parties, the contract may be extended for an additional 3 years, However, as a prerequisite to a contract, and as required by CCNA, a Consu~nt Selection Committee was formed, proposals were mad, firms were interviewed, and after due deliberation, the Consultant Selection Committee scored and ranked the firms in order of their qualifications. The summary resuKs of the scoring and ranking are contained in the exhibit matrix attached. The Selection Committee consisted of the following city employees in alphabetical orden Mr. Tracy Hass, Growth Management Director, Mr, Terry Hill, Public Works Director, Mr. Mark Mason, CPA, Finance Director, Mr. Terrence Moore, City Manager, Mn Paul Wagner, Assistant to City Manager. Again underthe CCNA, City Council must approve the "ranking" or suggest an alternative. Approving the ranking allows contract negotiation to begin with the top ranked firm. If negotiations fail with the top ranked firm then negotiations with the second ranked firm will take place, and so forth. Once an agreement is reached, it will be brought before City Council for approval, (again this is a requirement of CCNA), Obviously, the Selection CommKtee is looking for your support to approve the ranking as presented, RECOMMENDED ACTION Move to approve the Consultant ranking as recommended by the Consultant Selection Committee, and authorize ~ contract negotiations to proceed starting with the number one ranked Firm. City oi' Sebastian, Florida Subject:. Herbert Sturm / Release of Lien pr , d for Subj ' ' anager ' Agenda No. ~o/~7 Department Origin: City Manager Date. Submitted: 8-16-00 For Agenda of: 8-28-00 Exhibits: Excerpt of May 27,1998 City Council Meeting Minutes Memo Dated May g7, 1998 to Mayor & Members of City Council From Yalerie Settles, City Attorney EXPENDITURE AMOIfNT BUDGETED: [ APPROPRIATION REQUIRED: [ REQU]IIED: SUMMARY As reported in a memorandum dated, May 27, 1998 to Mayor and Members 0f City Council, from former City Attorney Va/erie F. Settles, a release of lien against property owned by Mr. Herbert Storm, 549 Saunders Street, Sebastian was to be fried with the Indian River County Clerk. Upon verification with the Indian River County Clerk's Office, it was determined that a release of lied against Mr. Stm-m's property was never filed. RECOMMENDED ACTION Move to authorize the City Attorney to file with the Indian River County Clerk a release of lien againgt property owned by Mr. Herbert Sturm, located at 549 Saunders Street, Sebastian, FL. DATE: TO: FROM: City of Sebasti~ ' I 12'25 MAIN STREET [] SEBASTIAN, FLORIDA 3295S TELEPHONE (407) 388-8200 [] FAX (407) 589.5570 MEMORANDUM May 2 7,1998 Mayor & Members of City Council Valerie F. SeXtles, Ci~ Attorney I I I I SUB.~ECT: Release of Lien'Herbert S'turm The purpose of this memorandum ia ,to iaform you ,hat' the Code F. aforcement Board voted unanimously last week to release the lien created against property owned by Mr. Herber~ Strum and located at 549 Saund~rs Street, Sebastian, FL, bY an Order of the Code ]Enforcement Board dated July 21, 1992. The Board cited the .disproportionate. relationship b,etween the fmc and the violation and the ambiguity of the Order. A release .of lien will be filed in'the Indian P, iver County Clerk's. Office. ~' I I I I I I I I Regular City Council Meeting May 27, 1998 Page Five , 98.111 C. Fprm~ll Approval £ot Cub Scout s Use o£ Riverv~qy P~rk for ~r~sgver QCremony on May 21, 1998 (Fromeatg l~tter) ' MOTION by Sullivan/Paul I would move approval of the Cub Scout's use of Riverview Park for the crossover ceremony. VOICE VOTE on the motion carried 5-0. Mr. Paul suggested trying to get through the rest of the agenda before Council Matters and Council concurred. CITY COUNCIL M~TTEg$ A. Mr. Chuck Neuberger B. Mr. Larry Paul C. Mayor Ruth Sullivan D. Mayor Wininger Vice Martha E. Mrs. Louise Cartwright 8. CiTY ATTOR,,NEY MATTER~ The City Attorney stated that Code Enforcement had released the lien for Herbert Sturm and submitted a memo (see attached). The City Manager said the lien was over $210,000. The City Attorney distributed a draft letter to the Chamber of Commerce regarding use of the old Chamber building and suggested it be discussed at a. future meeting. The City Attorney encouraged attendance at a sunshine law conference in St. Lu¢ie West. 9. CITY MANAGER MATTERS The City Manager extended his gratitude to Public Works Director, Pat Brennan, who is leaving the City tomorrow; reported that trees on George Street are being cut down; reported no parking signs have been installed on indian River Drive; discussed the Dempsey/Vocelle drainage matter, the Barber paving schedule, the Filbert Street site; and received Council concurrence to request the site back, and possibly approach it as a community effort. 176 · City of Sebastian, Florida Subject: Approve engineering/design work by The LPA Group, Inc., for "Runway 4-22 Medium Intensity Ibmway Lighting Ap~ Submittal by: Finance Direetor('~t~, Date Submitted: August 16; 2000 For A~enda off August 23, 2000 Exhibits: EXPENDITURE $23,740 AMOUNT BUDGETED: $135,000 APPROPRIATION REQUlllED: -0- SUHMARY The scope of work involved is design/engineering services for the installation of medium intensity runway lighting at the Sebastian Municipal Airport, runway 4-22. This project is proposed for implementation via logistics outlined in the recently authorized Joint Participation Grant Agreement with the Florida Department of Transportation (FDOT) Aviation Section. RECOMMENDED ACTION Move to authorize the expenditure of $23,740 for design/engineering services by The LPA Group, Inc., for runway 4-22 lighting project. City of Sebastian, Florida Subject: Resolution R-O040 FDOT Public Transportation Joint Participation Agreement/Rehab Airport Taxiways, including Light,g, Marking & Signage /~ for' Submi.lz~ )y.'~~anager Terrence R. M~e " Agenda No. l~./~ Department Origin: City Manager Date Submitted: 8/1.5/00 ..~_~or'~nda of: 08/g8/00 Exhibits: Proposed Resolution R-O0-40 / AMOUNT BUDGETED EXPENDITURE REQUIRED: N/A / N/A APPROPRIATION REQUIRED: SUMMARY The City of Sebastian has received approval for funding for a total project mount of $625,000 with the State's funding share mounting to $500,000 from the Florida Department of Transportation, for the rehabilitation of airport taxiways, including lighting, marking and signage. The proposed Resolution R-00-40 authorizes the City Manager to execute the State of Florida Department of Transportation Public Transportation Joint Participation Agreement. RECOMMENDED ACTION 'Move to approve Resolution R-00-40, authorizing the City Manager to execute the State of Florida Department of Transportation Public Transportation Joint Participation Agreement for the rehabilitation of ahl~ort taxiways, including lighting, marking and signage. RESOLUTION NO. R-00-40 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT FOR THE PURPOSE OF FUNDING REHABILITATION OF AIRPORT TAXIWAYS, INCLUDING LIGHTING, MARKING AND .sIGNAGE;' pROVIDING FOR CONFLICTS; AND 'pROvIDING FOR AN EFFECTIVE DATE. ' WHEREAS, the City of Sebastian has received approval for 'funding in the amOunt of $500,000 for a total project cOst of $625,000 from the Florida Department of TransportatiOn for the p.,urpose of funding the rehabilitation of airpod taxiways, including lighting, marking and signage. ~=,;~¢.-,.'-,:::~¢~.'.;' '.~!.'.::~:.i~,;'t",.~."~'~'~N',OWi.:,~THE, RE, FO'RE.~ BE'IT-.RESOEVED':',BY..~-:,,'T-HE..,CI..T.Y--CO.t:JNCII~,'{~F~'.'~HE '.CITY"OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: ' Section 1. The City Manager is hereby authorized to execute the State'of Florida Department of Tr. an. sportation Public Transportation Joint Participation Agreement as attached hereto as Exhibit A. ' " ' ' Section Z. All ResOlutions or parts of Resolutions in conflict herewith 'are hereby repealed. ' ' ',~ "i'"'"i '",' Se~tio_n 3, This Resolution shall become effective immediately upon adoption.' The foregoing 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 ...... , Councilmember Ben BishOp . .' ' Councilmember Joe Barczyk ' ' · ' Councilmember James Hill · ' ' Councilmember Edward Majcher The Mayor thereupon declared the Resolution duly passed and adopted this 23rd day of August, 2000. ' ' CITY OF SEBASTIAN, FLORIDA By: ATTEST Walter Barnes, Mayor Kathryn M. o'Halloran, MMC City Clerk (SEAL) Approved as to form and legality for //~ reliance by the City of Sebastian only: COPY ~'"?ATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FORM 72,5-030-06 PUBLIC '17{ANSP ADMIN 07/00 Page 1 of 12 PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT FINANCIAL PROJECT NO.: 407345-1~84-01 (Itern-segrnent-phase-sequenc~) Fund: DS Function: 637 Contract No: Federal No: Catalog of Federal Domestic Assistance Number:. FLAIR Approp: 088719 FLAIR Obj.. 790_007 Org. Code: 5§04201042~1 Vend0rNo: VF 59(~000427008 Catalog of State Financial Assistance Number. 55004 THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA .DEPARTMENT OF TRANSPORTATION, an agency of the State of Flodda, hereinafter referred to as the Department, and The City of Sebastian hereinafter referred to as the AGENCY. WITNESETH: WHEREAS, the Agency has the authority to enter into said Agreement and to 'undertake the project hereinafter described, and the Department has.been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under F.S. 332.006 (6) , Florida Statutes, to enter into this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of.Agreement: The purpose of this Agreement is to Rehab Airport Taxiways, Including Lighting, Marking & Signage and as further described in Exhibit(s) A,B,C & F attached hereto and by this reference made a par~ hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the mann~..._ in which the project will be undertaken and completed. FORM 72~330-0~ PUBLIC Ti~4~ISP ADMIH P~e 2 of 12 2.00 Accomplishment of the Project: 2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A" attached hereto and bythis reference made a part hereof, with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, Permit, notice, or other prOceeding or authorization is mequisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessarywith respect to any such matters so requisite. 2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit "C" attached hereto and by this reference made a part hereof. 3.00 Project Cost: The total estimated cost of the project'is $ 625.000.00 . This amount is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. 4.00 Department Participation: The Department agrees to maximum participation, including contingencies, in the project in the amount of $. 500,000.00 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total project cost shown in Exhibit "B", whichever is less. I I I i I I I i 4.10 Project Cost Eligibility: ProjeCt costs ,eligible for State participation will be' allowed only from the effective date of this Agreement. It is Understood that State participation in eligible project costs is subject to: (a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled to be committed; (b) Availability of funds as stated in paragraph 17.00 of this Agreement; (c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available, 4.20 Front End Funding: Front end funding (.is.) (is not) applicable. If applicable, the DePartment may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation as 'shown in paragraph 4.00. 5.00 Retainage: Retainage 0=) (is not) applicable. If applicable, N/A percent of the Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the Department's discretion, on or before the completion of the final project audit. 6.00 Project Budget and Payment Provisions: I I 6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall be effective unless it complies with fund participation requirements established in paragraph 4.00 of this Agreement and is approved by the Department Comptroller. I I I FORM 725-030-06 PUI~UC TRAN~P ~MIT/0~N Page :3 of 12 6.20 Payment Provisions: Unless otherwise allowed under paragraph 4.20, payment will begin in the yearthe project or project phase is. scheduled in the work program as of the date of'the agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in conformity with requirements established by 'Department's program guidelines/procedures and "Principles for State and Local Governments", separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "project account". Documentation of the project account shall be made available to the Department upon request any time during the period of the Agreement and for three years after final payment is made. ' ' 7.20 Funds Received Or 'Made Available for The Project: The Agency shall appropriately record in the project account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all payments by Department pursuant Agreement provided for, accruing to, or received it from the to this and all otherfunds otherwise received On account of the project, which Department payments and other funds are herein collectively referred to as "project funds". The Agency shall require depositories of project funds to secure,continuously and fully all project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for the deposit of.project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State Law for the security of public funds, or as approved by the Department. . 7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eiigible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the-required approval of the Department shall not be considered eligible costs. 7.40 Documentation of Project Costs: All costs .charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls,.time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. ' 7.50 Checks., Ordain, and Vouchers: Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, paYrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be cleady identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. . 7.60 Audit Reports: . 1. All federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number, and year, and name of thefederal agency. State grant and aid funded grants are to be identified with the Financial Project Number (FPN) and contract number. , ' 2. Audits shall be conducted under the guidelines of A-133, Section 216.349, Florida Statutes, and Chapter 10.600, Rules of the Auditor General. 3. For fiscal years' beginning after June 30, 1998, the reporting packages and data-collection forms are to be submitted within the earlier of 30 days after the receipt of the auditor's report, or 9 months after the end of the subrecipient's (Agency's) fiscal year. The date the audit report was delivered to the subrecipient (Agency) must be indicated by the subrecipient (Agency) in correspondence accompanying the audit report, or reporting package, and data collection form. FORM725-030-06 PUBUC TRANSP ADMIN , · Page 4 of 12 The Agency shall follow up and take corrective action on audit findings. A-133 further requires the preparation of a summary schedule of prior audit findings and a corrective action plan for current year audit findings. Project records shall be retained and available for at least three years after the final payment. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Reports. of audits conducted in accordance with OMB cirCular A-133, and corresponding data collection forms shall be sent to: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jefferson, IN '47132 and the Distdct Public Transportation Office identified in paragraph 8.10 of this agreement. Reports of audits conducted in accordance with Section 215,97, Florida Statutes, and Chapter 10.600 Rules of the Auditor General shall be sent to: State of Florida Auditor General P.O. Box 1735' Tallahassee, FL 32302-1735 and the District Public Transportation Office identified in paragraph 8.10 of this agreement. 7.70 Insurance: Execution of this Joint Participation Agreement 'constitutes a certification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its . interest in the lost equipment or facility. In the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the Department may waive or modify this section with an Exhibit "C". 8.00 Requisitions and Payments: 8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department of Transportati0n, District Four, PublicTransportation Office 3400 W. Commercial Blvd. Ft. Lauderdale, Florida, 33309 its requisition on a form or forms prescribed by the Department, and other data pertaining to the project account (as defined in paragraph 7.10 hereof) to justify and support the payment requisitions. 8,11 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S. The Department may establish rates lower than the maximum provided in Chapter 112.061, Florida Statutes. 8,13 (1) (2) For real property acquired, submit; the date the Agency acquired the real property, a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real proper[y. I ~ORM 725-O30.C~ PUBLIC TRAN-~P ,~D N !13.7~1~N I PageSofl2 I (3) a statement by the Agency certifying that the appraisal and acquisition of the real properbj together with any attendant relocation of occupants was accomplished in compliance with all federal laws, rules and procedures required by any federal oversight agency and with all state I laws, rules and procedures that may apply to the Agency acquiring the real property. 8.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such I requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing ~ot to make a payment on the project if! . i 8.2'1 Misrepresentation: The Agency shall have made misrePresentation of a matedal nature in its application, or any supplement thereto or amendment thereof .or in or with respect to any document or data furnished therewith or pursuant hereto; ' ' I' · 8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adVersely affect the project, the Agreement, or payments to I the project; .' 8.23 Approval by DePartment: The Agency shall have taken any action pertaining to the project which, under this agreement, requires the approval of the Department or has made related expenditures or I incurred.related obligations without having been advised by the Department that same are apprOved; · 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained I herein; or 8.25. Default: The Agency has been determined by the Department to be in default under any of the I provisions of the Agreement. ' 8.26 Federal Participation(If Applicable): Any federal agency providing federal financial assistance to the project suspends or terminates federal financial assistance to the project. In the event of suspension or I termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs. : 8,30' Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects I costs incurred by the Agency pdor to the effective date of this Agreement, costs which are not provided for in the latest approved budget for the project, and costs attributable to goods or services received under a contract or other arrangements-which have not been approved in writing by the Department. I 8.40 Payment Offset: If, after project completion, any claim.is made by the Department resulting from an audit or for work or services performed pursuant to this agreement, the Department may offset such amount from payments due for work or services done under any public transportation.joint participation agreement which it has with the Agency owing I such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department. I 9.00 Termination or susPension of Project: 9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues the project; or if, by reason of any of the events or conditions set forth in paragraphs 8.21 to 8.26 inclusive, or for any I other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible, impossible, or. illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been I corrected, or Department may terminate any or all of its obligations under this Agreement. the FORM 7254330-06 PUBUC TRANSP ADMIN ' n7/00 Page 6 of 12 9,11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1)' necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the'financing is to be computed; (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due underthe provisions of the Agreement. The termination orsuspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.12 The Department.reserves the right to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, letters, or other.material subject tothe provisions of Chapter 119, Florida Statutes and made or received in conjunction with this Agreement. 10.00 Remission of Project Account Upon Completion of Project: Upon completion of the Project, and after payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the Agency shall remit to the Department its share of any unexpended balance.in the project account. 11.00 Audit and Inspection: The' Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives'to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the project. 12,00 Contracts of the Agency: 12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any.contract or obligate itself in any manner requiring the disbursement of Department joint participation funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. The Department specifically reserves unto itself the right to review the qualifications of any 'consultant or contractor and to approve or disapprove the employment of the same. 12,20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287, Flodda' Statutes, Consultants Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attomey shall certify to the Department that selection has been accomplished in compliance with the Consultant's Competitive Negotiation ACt. 12.30 Disadvantaged Business Enterprise (DBE)Policy and Obligation: 12.31 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as defined in 49 CFR Part 26, as amended, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of 49 CFR Part 26, as amended, apply to this Agreement. FORM 725-030436 PUBLIC TRAI~P ADMIN O7/0O I~ge 7 of 12 12.32 DBE ObligatiOn: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance of contracts and this Agreement. in this regard, all recipients, and contractors shall take all necessary and reasonable steps in accordance with 49 'CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: ' 13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer;, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development or operation of the project, except contracts forthe standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site.improvement,-or similarwork, the Agency shall post, in conspicuous places availabJe to employees and applicants for employment for project work, notices to be provided by the'Department setting forth the provisions of the nondiscrimination' clause. 13.20 Title Vi - Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (78 Statute 252), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. 13.30 Title VIII - Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42 USC 3601 ,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national odgin, religion, sex, disability and familial Status. 13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes a cedification that the Agency will comply with all the requirements imposed by the ADA, the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto. 13.50 Prohibited Interests: Neither the Agency nor any of its'contractors or their subcontractors shall enter into any contract, subcontract, or arrangement in connection with the project or any property included or planned to be included in the project, in which any member, officer, or employee of the Agency during his tenure or for two years thereafter has any interest, direct or indirect. If any such present or former member, officer, or employee involuntarily acquires or had acquired prior to the beginning of his tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency with prior approval of the Department, 'may waive the prohibition contained in this subsection: Provided, that any such present member, officer or employee shall not participate in any action by the Agency relating to such contract, subcontract, or arrangement. The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to be included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer, or employee of the Agency during his tenure or for two years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositofi~es, or to any agreement for utility services the rates for which are fixed or controlled by a Governmental agency. /~__,~ PUBUC ~:=J~NSP/~MIN · ! PageSof 12 13.60 interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 14.00 Miscellaneous Provisions: 14.'10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification bythe Agency that the project will be carried out in conformance with all applicable environmental regulations including the securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance with applicable environmental regulations, including the secudng of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith. ' 14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunderto any party other than the Agency. 14.30 When Rights and Remedies NotWaived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default.- 14.40 How Agreement Is Affected by Provisions Being Held invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainderwould then continue to conform to the terms and requirements of applicable law. 14.50 Bonus or Commission: By execution of the Agreement the Agency .represents that it has not paid and, also, agrees not to pay, any bonus or commission for the PUrpose of obtaining an approval of its application for the financing hereunder. 14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law. Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that. appropriate changes and modifications may be made by the Department and the Agency to the-end that the Agency may proceed as soon as possible with the project. 14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees thatthe project facilities and equipment will be used by the. Agency to provide or support public transportation for the period of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the project facilities and equipment in good woridng order for the useful life of said facilities or equipment. 14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable ..... t 4.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility orequipment during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment rmrovided in this Agreement. . ' 14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold less the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or I i i I i I I FORM PUBLIC TRANSp ADI~IIN 0'/1130 Page g ¢~ expense adsing out of any act, error, omission, or negligent act by the Agency, its agents, or employees dudng the performance of the Agreement, except that neither the Agency,' its agents, or its employees will be liable under, this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the Agreement. The parties recognize and accept the funding restrictions set forth in Section 339.135(6)(a), and Section 129.07, Florida Statutes, which may affect each of the part!es' obligations. Those provisions are as follOws: (a) The Department during any fiscal year shall not exPend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the Comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment 'of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one (1) year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Section 339.135(6)(a), Florida Statutes. (b) It is unlawful for the Board Of County Commissioners to expend or contract for the expenditure in any fiscal year more than the amount budgeted in each fund's budget, except as proVided herein, and in no case shall the total appropriations of any budget .be exceeded, except as provided in s. 129.06,. and any indebtedness contracted for any purpose against either of the funds enumerated in this chapter or for any purpose, the expenditure for which is chargeable to either of said funds, shall be null and void, and no suit or suits shall be prosecuted in any court in this state for the collection of same, and. members of the Board of County Commissioners voting for and contracting for such amounts and the bonds of such members of said boards also shall be liable for the excess indebtedness so contracted for. Section 129.07, Florida Statutes. I I I I When either party receives a notice of claim for damages that may have been caused by the other party in the performance of. services required under this Agreement, that party will immediately forward the claim to the other party. Each party will evaluate the claim and report its findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. 15'.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the constructing and equipping of facilities, the Agency shall 'submit to the Department for approval all appropriate plans and specifications covering the project. The .Department will review all plans and specifications and will issuetothe Agency written approval with any approved portions of the project and comments or recommendations concerning any remainder of the project deemed aPpropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. 16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the. Agency facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 17.20 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more,than one year, the provisions of Chapter 339.135(6)(a), Florida Statutes, are hereby incorporated: "(a) The Department,- during any fiscal .year, shall not expend money, incur any liability, or enter into any contract which, ~y-~ FORM 725-03O-06 PU~MC TRANSP ADMIN · D71OO Page 10 of 12 terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure dudng such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be. paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for a period'of more than 1 year." 18.00 Expiration of Agreement: The Agency agrees to complete the project on or before July 31,2002. If the Agency does not complete the project within this time period, this Agreement will expire unless an extension of the time pedod is requested by the Agency and granted in writing by the Distdct Secretary, District Four . Expiration of this Agreement will be considered termination of the project and the procedure established in paragraph 9.00 of this Agreement shall be initiated.. 18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid. '19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender'shall extend to and include all genders.. 20.00 Execution of Agreement: This Agreement. may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be .deemed to be an original, and such counterparts' together shall constitute one in the same instrument. 21.00 Restrictions on Lobbying: 21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the'Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other.than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a' Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature ora state agency. 22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services unless the bid specifications, pumhase order or contract species othen~ise. epartment has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The FORM 725-D30-06 PUBLIC TRAN.~P ADMiN 137/00 Pag~ 11 ~12 20 days are measured from the latter of the date the invoice is received orthe goods or services are received, inspected and approved. If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b) will be due and payable, in addition to the invoice amount to the Agency. The interest penal~ provision applies after a 35 daytime pedod to health care providers, as defined by rule. Interest penalties of less than one (1) dollarwill not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate forAgencies who may be experiencing problems in obtaining timely payment(s)from the Department. The Vendor Ombudsman maybe contacted at (904)488-2924 or by calling the State Comptroller's Hotline, 1-800-848-3792~ 23.00 Public Entity Crime: Pursuant to 287.133(3)(a) F.S. the following is applicable to this agreement. 287.133(2)(a) "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real properly to a public entity, may not be awarded or perform work as a contractor, 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. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." FORM 7Z5,.03~-06 PU~UC TRANSP ADMIN F~12d12 Financial Project No. Contract No. Agreement Date 407345-1-84-01 IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY The City of Sebastian FDOT COMPTROLLER FUNDING APPROVAL DATE: BY: TITLE: ATTORNEY DEPARTMENT OF TRANSPORTATION ATTEST: TITLE: (SEAL) DISTRICT SECRETARY OR DIRECTOR OF PLANNING & PROGRAMS ATTEST: APPROVED AS TO FORM, LEGALITY TITLE: (SEAL) Fin. Pmj. No.: 407345-1-84-01 Contract No.: Agreement Date: EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and The City of Sebastian PROJECT LOCATION: Sebastian Municipal Airpo~ PROJECT DESCRIPTION: Rehabilitate Airport Taxiways Including Lighting, Marking & Signage SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, Financial Project number and the Federal Identification number, where applicable, and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. SPECIAL CONSIDERATIONS BY DEPARTMENT: N/A Fin. Proj. No.: 407345-1-84-01 Contract No.: Agreement Date: .EXHIBIT "B" PROJECT BUDGET This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Flodda, Department of Transportation and The City of Sebastian I. TOTAL PROJECT COST: I1. pARTICIPATION: Federal Participation: FAA, FTA, UM'['A, etc. Agency Participation: ' In-Kind Cash Other Maximum Department Participation: Primary (DS) (DDR) (DIM) (PORT) Federal Reimbursable (DU) (FRA) (DFTA) Local Reimbursable (DL) IIi. TOTAL PROJECT COST: $625,000 0.00% $o 120.00% $125,000 · , ~) 80.00% $500,000 $o $o. $625,000 m i Fin, Proj. No.: 407345-1-84-01 Contract No.: m Agreement Date: EXHIBIT "C" m (GENERAL) m This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Flodda, Department of Transportation and The City of Sebastian I Documents required to be submitted to the DePartment by the Agency in accordance with the terms of this Agreement m SUBMITTAL/CERTIFICATION BASIS FOR ACCEPTANCE Consultant Selection Compliance Agency Attorney's Certification m Design Submittal ** 90% , Department Comment 100% Department Letter m Construction/Procurement Contracts . Department Letter ' m safety Compliance . (a) Department Review · . · (bi Agency Certification m Release for Notice To Proceed Department Letter Annual Audit Reports . Agency Certification I C ompletion per Specifications ' Agency Certification ' · * Plans, Specifications, Engineering Reports m ** Two (2) sets (1 Full Size & 1 1 lx17 Size) to be sent directly to: - Maffhew J. Thys ' Aviation Supervisor . m Public Transportation Office, 'D4 3400 West Commercial Boulevard i Fort Lauderdale, Florida 33309-3421 i i , FP No.: 407345-1-84-01 Contract No.: Agreement Date: EXHIBIT "F" SPECIAL AIRPORT ASSURANCES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and The City of Sebastian I. GENERAL These assurances shall be complied with in the performance of master planning, land acquisition, economic development or capital improvement projects which contain N._~.O federal funds. Upon acceptance of this Joint Participation Agreement by the sponsor, these assurances are incorporated in and become a part thereof. Il. DURATION The terms, conditions and assurances of the. grant agreement shall remain in full rome and effect throughout the useful life of the facilities developed or equipment acquired for any airport. development project, but in any event not to exceed twenty (20) yeare frem the date of acceptance of a grant agreement utilizing state funds for the project. However, there shall be no limit on the 'duration of the assurances with respect to real preper[y acquired with project funds. Ill, SPONSOR CERTIFICATION The sponsor hereby assures and certifies, with respect to this grant: It has sufficient funds.available for that portion of the project costs not paid for by the State. it has sufficient funds available to assure operation and maintenance of items it will own .or control funded under the grant agreement. It holds good title, satisfactory to the Department, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Department, that good title will be acquired.- If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to ensure that the airport will be operated and maintained in accordance with the Federal Airport and Airway Imprevement Act of 1982, or successive legislation; the regulations and the terms, conditions and assurances in the grant agreement; and shall ensure that such arrangement also requires compliance therewith. ! d. It will adequately clear and protect the aerial approaches to the airport by removing, lowering, I ~elocating, marking, or lighting, or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. e. It will make its airport available as an airport for public use on fair and reasonable terms. I f. It will permit no exclusive rights for the use of the airport by any persons providing, or· intending to provide aeronautical services to the public. · . I g. All revenues generated by the airport will be expended by it for the capital or operating costs of the airport, the local airport system, or other local facilities owned or operated by the owner i or operator of the airport and directly related to the actual aerial transportation of passengers . or property. ' ' ' i h, Once accomplished, it will keep up-to-date a minimum of an Airport Layout Plan of the airport showing (1) boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; (2) the location and nature of all existing and proposed airport I facilities and structures (such as runways, t;xiways, aprons,'terminal buildings, hangars and roads), including all proposed eXtensions 'and reductions of existing airport facilities; and (3) the location of all existing improvements thereon.' I I i I i I I I I , I Subject: Pxoposed Resolution R-00-48 Airport Lease Agreement ~~ed for,Sub/mim~l by.~ Manager City of Sebastian, Florida ndaNo. DeparUnent Origin: City Manager Date Submitted: 8-17-00 For agenda of: 8-23-00 Exhibits: Proposed Airport Lease Proposed Resolution R-00-48 EXPENDrrI.rRE A1VIO~ BUDGETED: REQUIR.ED: N/A. N/A APPROPRL&TION REQUIRED: SUMMARY During discussions with the Federal Aviation Administration (FAA) over the past several weeks, relative to aviation practices, master plan logistics and funding opportunities for future projects, it be.e. amc imperative that the City of Sebastian be in full compliance with FAA requirements as governed in the airport deed granted to the City in 1959. The City is working towards full compliance, to promote a brighter future for the Sebastian Municipal Airport. However, one issue of importance is lease agreements and respective annual fees. Therefore, for your. consideration, staffhas prepared a lease agreement by and between the City of Sebastian for use of land from the Sebastian Municipal Airport in the operation of the Sebastian Municipal Golf Course. RECOMMENDED ACTION Move to adopt Kesolution R-00-48 authorizing the City Manager to execute the Lease Agreement by and between the City of Sebastian for use of laud from the Sebastian Municipal Airport in the operation of the Sebastian Municipal Golf Course. RESOLUTION_NO, R-00-48 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING RESOLUTION NO. R.86-4A, AUTHORIZING THE CITY MANAGER TO EXECUTE A NEW LEASE AGREEMENT BY AND BETWEEN THE CITY OF SEBASTIAN FOR USE OF LAND FROM THE SEBASTIAN MUNICIPAL AIRPORT IN THE OPERATION OF THE SEBASTIAN MUNICIPAL GOLF COURSE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS the City of Sebastian has leased a portion of the Sebastian Municipal Airport Property for use as a municipal golf course since 1981; and . WHEREAS, in discussions with the Federal Aviation Administration (FAA) it was concluded that a lease agreement renewal setting out annual fees and other provisions should be instituted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. The City Manager is hereby authorized to execute the City of Sebastian Airport Lease Agreement as attached hereto as Exhibit "A". Section 2. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed. Se.ction 3. This Resolution shall become effective immediately upon adoption. The foregoing 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 Councilmember Ben Bishop Councilmember Joe Barczyk Counciimember James Hill Councilmember Edward Majcher The Mayor thereupon declared the ReSolution duly passed and adopted this 23rd day of August, 2000. ATTEST: Kathryn M. O'Halloran, MMC City Clerk (SEAL) Approved as to form and legality for reliance by the City of Sebastian only: CI'FY OF SEBASTIAN, FLORIDA By: Walter Barnes, Mayor Rich Stringer, City Attorney AIRPORT LEASE THIS LEASE, made and entered into this 23rd day of August, 2000, by and between the CITY OF SEBASTIAN, a municipal corporation existing under the laws of the State of Florida, provides for the use of land from the Sebastian Municipal Airport in the operation of the Sebastian Municipal Golf'Course, as follows: W ITlXlE S S E TIt: WHEREAS, the CITY is the owner of certain property located in the County of Indian River, Florida; and WHEREAS, the certain property constitutes a portion of the Sebastian Municipal Airport (hereinafter referred to as the "Airport"); and WHEREAS, the certain property is available for those activities consistent with or in support of aviation activity, and may be leased for nonaviation purposes if a fair value is received from such rental and the funds are dedicated to aviation uses; and WI-I~EREAS, the Landlord has leased a portion of such property from the Airport Enterprise Fund, (hereinafter referred to as the "Landlord"), for use of the Sebastian Municipal Golf Course (hereinat~er referred to as the "Tenant") since December 12, 1981; and WI-IEREAS, the Tenant desires to renew the lease the said property from the Landlord, and to that end and in consideration of the premises, and the eovemats, terms and conditions to be performed as set forth hereinafter; BLOW, TItEREFoRE, in consideration of the mutual c6venants hereinafter provided, it is decreed as follows: 1. RECITALS. The above' stated 'i-eei~als are hereby incorporated by reference in this Lease Agreement. 2. LEASED PRF, MISES. Subject to the terms and conditions set forth hereina~er, the Landlord leases hereby to the Tenant and the Tenant rents hereby' from the Landlord that portion of the real property of the Landlord which is described more particularly as the Sebastian Municipal Golf Course, as represented on the attached Exhibk "A". As part of the current project to update the Airport Master Plan, Landlord shall commission a survey of the premises described above, which surveyed lands shall constitute the actual Leased Premises, and a copy of said survey shall be attached hereto as an Addendum. 3. TERM OF LEASE. The initial term of this Lease shall be for a period of fifteen (15) years commencing October 1, 2000, and will end on September 30, 2015. 4. KENT. The parties agree that the rent, payable by the Tenant, during the term of this Lease shall be as follows: (a) October 1, 2000 through September 30, 2005 $120,000 Co) October 1, 2005 through September 30, 2010 $175,000 (c) October 1, 2010 through September 30, 2015 $250,000 The above rental for the leased premises shall be payable in advance, in monthly 'installments, commencing from the date of commencement of this Lease, as described above and on a like day of every month thereafter during the term of this Lease. In addition to the rental mount, the Tenant shall pay all applicable taxes arising from this Lease, if any. 5. IMPROVEMENTS TO TH]E PREMISES. The Tenant shall have the right to use the leased premises for any lawful public purpose, with a primary purpose of operating a 'municipal golf course with facilities appurtenant thereto, and shall have the right to construct upon the leased premises any buildings or other structures, provided any such buildings or structures do not in any way curtail the use of the airport facilities in their usual operations and provided further that any such buildings or structures are approved, in writing, by the Sebastian City Council and the FAA prior to commencement of any construction. (a) The Tenant covenants and agrees that all such construction shall be in accordance with the local and state codes, regulations and requirements as well as in accordance with all requirements of the Federal Aviation Administration ("FAA"). (b) The Tenant shall indemnify, defend and hold the Landlord harmless fi.om any claims, losses, damages or liens arising out of the constmction of any such buildings or structures. (c) All buildings, structures and fixtures of every kind now or hereafter erected or placed on the leased premises shall, at the end of the term or earlier termination of this Lease, for any reason, be and become the property of the Landlord and shall be left in good condition and repair, ordinary wear and damage by the elements excepted. In order to confirm sole 2 ownership in the Landlord, the Tenant shall, at Landlord's request, execute any and all documents of transfer which Landlord deems necessary to perfect title to said improvements. The Tenant agrees that all improvements shall, upon the termination of this Lease for any reason, be free and clear of all encumbrances, liens, and title defects of any kind. 6. USE OF LEASED PREMISES. The Tenant agrees that no use of the leased premises will be conducted in such a manner as to constitute a nuisance or a hazard and that, in connection with the use of the leased premises, the Tenant will observe and comply with all applicable laws, ordinances, orders and regulations prescribed by lawful authorities having jurisdiction over the leased premises. . 7. KEPAII~S AND ALTERATIONS. The Landlord shall not be obligated to maintain or repair the leased premises or any improvements located thereon or any part thereof during the lease renewal thereof. term or any The Tenant agrees, at its sole cost and expense, to maintain all of the improvements, including, but not limited to, buildings (and all parts thereof)' and the parking areas located on the leased premises in a good state of maintenance and repair and to keep the leased premises in a clean, neat and orderly condition in accordance with local ordinances, including but not limited to, the Sebastian Land Development Code and all other community standards ordinances. It is an express condition of this Lease that the leased premises be kept in an attractive'manner at all times. · Upon obtaining the prior written consent of the Landlord, which consent may not be unreasonably withheld, the Tenant, at its sole cost and expense, may erect such additional improvements on the leased premises as it deems appropriate and may make such alterations or I major renovations to the existing improvements as it deems appropriate, provided, however, that such alterations or renovations shall not disturb the structural integrity of such existing improvements, and provided that the alterations or renovations shall comply with all applicable governmental regulations. The Tenant shall indemnify, defend and hold the Landlord harmless from any claims, losses, damages or liens arising out of or in any way connected with such additions or renovations. 8. UTII,ITIES. The Tenant shall be responsible for all costs of electricity, lights, water, sewer, heat, j ardtor service or any other utility or service consumed in connection with the leased premises. The Landlord shall have no liability for the failure to procure, or the interruption of, any such services or Utilities. 9. SIGNS. The Tenant shall have the right to erect and maintain such sign or signs on the premises as may be permitted by applicable law; provided, however, the Landlord must approve any such signs in writing prior to erection. The Landlord may impose any reasonable .restrictions as, in the sole discretion of the Landlord, are deemed necessary. 10. TAXES. The Tenant shall pay during the Lease term all ad valorem taXes, assessments or any other governmental charge levied or assessed against the leased premises (including the Tenant's leasehold by the appropriate governmental authorities), together with all ad valorem taxes assessment or other governmental 'charge levied against any stock of merchandise, furniture, furnishings, equipment and other property located in, or upon the leased premises. All shall be paid by the Tenant on a timely basis and receipts therefor shall be provided to the Landlord upon request.' , 11. INSUKANCE. In the event that the Tenant s use and occupancy of the premises causes any increase in the premium for any property casualty or fire insurance maintained by Landlord on the Leased Premises or any portion thereof, Tenant shall reimbUrse Landlord for the amount of said increase within thirty days of notice of the same. 12. 'INDEMNI~CATION. The Tenant agrees hereby to defend, indemif3, and save the Landlord harmless from any and all actions, demands, liabilities, claims, losses or litigation arising out of or connected with the Tenant's occupancy or use of the leased premises and the use of the leased premises by tenant's agents, employees, and invitees, including all attorney's fees incurred by the Landlord in defending any such claims. This Paragraph shall survive the termination or cancellation of the Lease. 13. ENViI[ONMENTAL MATTERS. The Tenant hereby agrees to indemnify, defend and hold the Landlord harmless from and against any and all claims, lawsuits, losses, liabilities, damages, and expenses (including, without limitation, clean-up costs and reasonable attorney's fees) resulting directly or indirectly from, out of or by reason of any hazardous or toxic materials, substances, pollutants, contaminants, petroleum products, hydrocarbons or wastes ' being located on the property and being caused by the Tenant or its sub-Tenants. The presence of said substance or materials on the leased premises shall raise the presumption that Tenant is the cause of such presence. TNs Paragraph 16 shall survive the termination or cancellation of the Lease. 14. PREVENTION OF USE OF THE PREMISES. If, after the effective date of this Lease, the Tenant is precluded or prevented from using the leased premises for those primary purposes identified in this Lease, by reason of any zoning law, ordinance or. regulation of any authority having jurisdiction over the leased premises and such prohibition shall continue for a period in excess of mety (90) consecutive days, the Tenant may terminate this Lease by giving Landlord f:ffieen days notice in writing. · 15. GOVERNMENT SEIZURE. in the event the United States Government, or any agency or subdivision thereof, at any time during the term of this Lease takes over the operation or use of the airfield and/or Airport which results in the Tenant being unable to under the terms of the Lease, then the Lease be extended operate may upon mutual agreement of the Tenant and the Landlord for an additional period equal to the time the Tenant has been deprived of the value of this Lease. If the duration of the seizure exceeds ninety (90) consecutive days, either party, at its sole discretion, may terminate this Lease. · 16. IDENTITY OF INTEREST. The execution of this Lease or the performance of any act pursuant to the provisions hereof shall not be deemed or construed to have the effect of creating between the Landlord and the Tenant the relationship of principal and agent or of a partnership or of a joint venture and the relationship between them shall be and remain only that of landlord and tenant. 17. HEIGHT/HAZARD RESTRICTIONS. The Tenant expressly agrees for itself, its successors and assigns, to restrict the height of structures, objects of natural growth and other obstructions on the leased premises to such a height so as to comply with all Federal Aviation Regulations, State laws and local ordinances, rules and regulations now existing and hereinatSer promulgated. The Tenant expressly agrees for itself, its successors and assigns, to prevent any use of the leased premises which would interfere with or adversely affect the operation or maintenance of the Airport or otherwise constitute an airport hazard. The Tenant covenants and acknowledges that the use of the leased premises as proposed by the Tenant does not interfere with or adversely affect the operation or maintenance of the Airport or otherwise constitute an Airport hazard. The Landlord reserves unto itseifi its successors and assigns, for the use and benefit of the public, a right of flight for the passage of ah'craft in the airspace above the surface of the leased premises, together with the right to cause in such airspace such noise as may be inherent in the operation of aircraft, now known or hereax~er used, for navigation or flight in the airspace, and for use of said airspace for landing on, taking off fi'on% or operating on the Airport. 18. NONDISCPd2vI~ATION. The Tenant for itself, 'its personal representatives, successors in interest and assigns, as part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that (i) no person on the grounds of religion, gender, marital status, race, color or national origin shall be excluded from paxticipafion in, denied the benefits of, or be otherwise subject to discrimination in the use of the Tenant's facilities; (ti) that in the construction of any improvements on, over or under the leased premises and the furnishing of services thereon, no person on the grounds of religion~ gender, marital status, race, color or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrknination; ('fii) that the Tenant shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Kegulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964. In the event of the breach of any of the above non- discrimination covenants, the Landlord shall promptly notify the Tenant, in writing, of such breach and the Tenant shall immediately commence curative action. Such action by the Tenant shall be diligently pursued to its conclusion, and if the Tenant shall then fail to commence or diligently pursue action to cure said breacl~ the Landlord shall then have the fight to terminate this Lease and to re-enter and repossess said land and improvements thereon. 19. ASSIGNMENT AND SUBLETT~G. The Tenant shall not assign this Lease or sublet the leased premises or any portion thereof, or otherwise transfer any right or interest hereunder without the prior written consent of the Landlord, which consent may not be unreasonably withheld. If the Landlord consents, in writing, to the assignment, subletting or other transfer o£any right or interest hereunder by the Tenant, such approval shall be limited to the particular instance specified in the written consent and the Tenant shall not be relieved of any duty, obligation or liability under the provisions of its Lease. 20. BINDiNG EFFECT. The terms and provisions of this Lease shall be binding on the parties hereto and their respective heirs, successors, assigns and personal representatives, and the terms of any Addendum attached hereto are incorporated herein. It is acknowledged that the validity of said lease is subject to its approval by the Federal Aviation Administration. The Tenant acknowledges that the Landlord is required by law to operate under an Airport Master Plan and the Tenant covenants that he will use the leased premises consistent with the Airport Master Plan. 21. ENTI/~E AGREEMENT. This Lease contains all of the understandings by and between the parties hereto relative to the leasing of the premises herein described, and all prior or contemporaneous agreements relative thereto have been merged herein or are voided by tNs instrument, which may be amended, modified, altered, changed, revoked or rescinded in whole or in part only by an instrument in writing signed by each of the parties hereto. . APPROVED by the City at its regular meeting on the day and year first above written. ATTEST: · CITY OF SEBASTIAN A Municipal Corporation By: Kathryn M. O~alloran, MMC Terrence R. Moore, City Manager City Clerk Approved as to Form and Legality for Reliance by the City of Sebastian only: Rich Stringer, City Attomey AIRPORT: TRACT 2 ,,. \ City of Sebastian, Florida Subject: Sebastian Habitat Conservation AgendaNo. _/~d~2,/~t9 Plan Department Origin: City Manager ~dforSu~M~r ,~ ~;~,-~~,-~ 1'~'.~'"'~ Date Submitted: 08-16-00 b" *~ For Agenda off 08-25-00 EXPENDITURE ltEQUIRED: N/A Exhibits: Letter dated 8/14/00 from James J. Slack, Fish & Wildlife Service, to Terrence R. Moore Letter dated 8//4/00 to Mike Jennings, from Terrence R. Moore Letter dated 8/3/00 to Terrence iR. Moore, from James J. Slack, Fish& 'Wildlife Service Memo dated 8/8/00 to Terrence R. Moore, from City Attorney Richard Stringer AMOUNT BUDGETED: APPROPRIATION N/A REQUIRED: SUMMARY As expla/ned in the attached correspondence, staffhas been actively working with officials from the Federal Aviation Administration (FAA) Airport District to establish a feasible and acceptable approach towards implementing the Scrub Jay Habitat Conservation Plan (HCP) in our community. The United States Fish & Wildlife Services recently concluded that the modifications are satisfactory to the Sebastian Area Wide Habitat Conservation Plan but requested that the permit be accepted in/ts previous fmra and be fonnally ~mended. This will allow the pending Pelican Island Eeo-Troop grant to be finalized. RECOMBIENDED ACTION Move to approve acceptance of the Incidental Take Permit (ITP) and authorize the City Manager to process formal amendment, in accordance with terms as set forth in City Attorney Richard Stringer's memorandum, dated 8/3/00. '~ .... United_ States. Dep m_e_.n.t. 10..f..the !_nt_ eri0_r_ ............ FISH AND WILDLIFE SERVICE I~ffi . . South Florida' Ecological Services Office' P.O. Box 2676 'V~ro B=ach, Florida 32961-2676 August 14, 2000 Mr. Terra:ace Moore Ci~ Managex City of Sebastian 1225 Main Sweet Sebastian, Florida 32958 Mr. P, oland.DeBlois Chief, Environmental Planning and Code Enforcement section Indian.River County 1840 26~ Street Veto Beach, Florida 32960 I I I i Gentlemen: This letter represents the Fish and'Wildlife' Sendce~s (Service) opinion regarding proposed revisions to the final Sebastian Area Wide Habitat Conservation Plan (HCP) provided in the City. of Sebastian's August 4 letter and as discussed during our August 10, 2000, conference call. We currently understand that the City of Sebastian (City), as an HCP co-applicant, wishes to modify conservation commitments provided in the final HCP. The proposed modifications include: (1) realignment of the approximately eight acre, 100 foot wide dispersal corridor from an area adjacent to Runway 13-31 to the easternmost boundary of the Sebastian Municipal Airport (Airport) and (2) reclassification of Scrub-jays occupying northern portions of the Airport property from "protected" to "impacted". The latter request would reduce the mount of occupied habitat (and scrub-jay families) protected under the HCP. After considering the City's request with respect to effects on the viability of the HCP in conserving scrab-jays in northern Indian River County, we conclude that the proposed modifications are satisfactory. However, as we indicated'in our August 3, 2000, letter and during our conference call, formal amendment of the I-ICP necessary to address'these modifications cannot be achieved in time to ensure matching Federal funds are secured for supplemental serab- jay habitat acquisition by Pelican Island Elementary's Eeo Troop. Therefore, as we agreed, the Service requests approval to issue the incidental take permit (ITP) based on information contained in the originally submitted final HCP During our conference call the City indicated approval to proceed in this manner would require affirmation by the City Council at its AUgust 17 meeting. We mutually agreed that after ITP issuance, the Service, Indian River County Board of County Commissioners, and City of Sebastian would address the above mentioned permit modifications I I I I I I I I I through formal amendment of the ITP. To.expedite the ITP amendment process, we request the City of Sebastian begin gathering the following information: (1) a survey of the legal boundaries of the newly proposed dispersal corridor, and (2)the method upon which the newly proposed dispersal corridor will be encumbered to ensure furore conservation uses of this area. Please provi.d,e us approval to proceed with the processing oft]he ITP immediately following the City Council s decision regarding this matter. If you have questions' or need clarification, please contact me or Mike jennings of my staff at the letterhead address or by telephone at (561) 562- 3909. · · Sincerely, · amesJ Slack ' · · ~__ '. · . . . . Field Supervisor , South FlOrida Ecological Services Office ~th Staudbridge, I~diau River County Comm~ssiorh Veto Beach, FL State Supervisor, Veto Beach, FL ARD, ES, Atlanta, GA ' . Honorable Dave Weldon, Melbourne, FL - August4,2000 City of Sebastian TELEPHONE (561) 589-5330 a FAX (561) 589-5570 Transmitted Via Facsimile [$61)562-428,8 Mr. Mike Jennings, United States Fish and Wildlife Service P.O. Box 2876 Veto Beach, Florida 32961-2676 Re: Proposed and Accel3table Revisions. Sebastian Habitat Cc~nservation Plan Dear Mr, Jennings: Per our brief telephone conversation last week, City Of Sebastian staff has been working diligently with officials from the Federal Aviation Administration (FAA) Airport District Office in Orlando to establish a feasible and acceptable approach towards implementing the Scrub Jay Habitat Conservation Plan CHCP) in our community. As such, please find the attached memorandum as compiled by City Attorney Rich Stringer, which outlines the scope.of our proposal respectively. 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 Before the City of Sebastian formally submits a new proposal to FAA for use of airport land as part of the HCP, we would like to know whether or not this approach will satisfy your agency, Since this is the only option FAA will consider, the alternative seems to be abandonment of the scrub-jay corridor concept, Should you' have questions and/or require additional information, feel frae to contact me by calling (561)3,88-82O3. Attachment City Manager TRM/ Honorable Mayor and City Council C°mmissioner Fran Adams, Distdct One Robert Keating, Indian River County Community Development Roland Deblois, Indian River County Community Development Bonnie Swanson, Principal, Pelican Island Elementary Lisa Smith, Smith Environmental Services Dcouments/HCP2 "An Ecluol Oppc~rtuni¥ Employer" WHITE HOLISE I ~LLENNIUt~ (:OUN(:IL United States Department of the Interior FISH AND WILDI.mE SERVICE South Florida Ecological Services Office P.O. Bo:~ 26V6 Veto Beach, Florida 32961-2676 August 3, 2000 · Mr. Terranee Moore City Manager City of Sebastian 1225 Main Street Sebastian, Florida 32958 Mr. Roland DeBlois Chief, Environmental Planning and Code Enforcement Section Indian River County 1840 2~ Street Vero Beach, Florida 32960 Gentlemen: In March 2000, the U.S: Fish and Wildlife Service (Service) received from you a final Habitat Conservation Plan (HCP) and application requesting.issuauce of a section 10(a)(1)(B) permit authorizing take of the threatened scrub~jay (21phelocoma coerulescens) in northern Indian River County resulting from anticipated future residential, commercial, and educational construction activities. The Service has reviewed your request and is prepared to issue an incidental talce permit (ITP) based on infomation provided in the submitted HCP. As you know, mediate. issuance of this permit is necessary if we are to provide match~ng Federal landing for Pelican · Islaud Elementary Eco Troop's efforts to acquire scrub habitat in the vicinity of the school and to relieve residents of Sebastian Highlands subdivision of current regulatory oversight. Despite several years of coordination between the Service and local govemments during the development of the HC?, there have been recent corteems expressed by the City of Sebastian (City) indicating that the final HCP did not address issues regarding use of portions of the Sebastian Municipal Airport as mitigation for anticipated tal~e' of scrub-jays throughout the HCI¢ planning area. We are concerned that the current progress in resolution of these issues will not provide for the timely issuance of the (iTP). If we do not receive concurrence from both ITP applicants (i.e., City of Sebastian and Indian River County Board of County Commissioners) to process the submitted final HCPby August 16, 2000, it is urflikely we will successfully issue the iTP ha time to secure available funds to match the Eeo Troop's habitat acqu/sition efforts. While we believe the negotiated final HCP represents the best possible resolution to scrub-jay conservation and development needs, there may be alternative mitigation options that were not previously discnssed or reviewed. We understand the City is currently working with the Federal Aviation Administration to formalize one or more possible mitigation alternatives in or adjacent ...... to afrport property. Unfortunately; even if an acceptable alternative is'agreed to by the Service, modification to the HCP mad our subsequent need to disclose to the public the proposed modifications will. result in substantial delays in ITP issuance. · To circumvent delay of ITP issuance due to ongoing negotiations regarding conservation lands Within airport property, we recommend the applicants provide the Service written notification to proceed with ITP issuance based on the submitted' final HCP. Future modifications to the ITP that are mutually agreeable to the applicants and Service that resolve scrub-jay conservation issues on airport property can be addressed through a formal request to the Service to amended the iTP. Please refer to the enclosed draft ITP, conditions K. 1 through K.3, for authorities that will allow amendmem(s) to this ITP. ' In closing, the Service.is prepared to issue the ITP in response to the submission of the final HCP. We strongly recommend approval be provided to the Service. from both co-applicants to issue the ITi~ based on the final HCP by August 23.' If necessary, mutua~y a~eed to modifications of the ITP can be addressed through permit revision. We are prepared to assist with these matters and look forward to your response. ' . ' If you have additional questions please contact me or Mike Jennings of my staff att he letterhead .......... ad&ess or by telephone at (561) 562-3909~. . · . ' ' · . · : . ~..' . South Florida Ecological SerVices Office Enclosure' · ' CC: ' ' ARD, ES, Atlanta, GA . State Supervisor, Veto Beach, FL Honorable Dave Weldon, Melbourne, FL " ' . . Ruth Standbridge, Indian Kiver County 'Commission, Vero Beach, FL DRAFT- Seb~stirm Area.wide HCP- Incidental Fake Permit Terms and Conditions 1-9. Standard Jnformarion; name of permittees, authorizing statutes, regulations, permit number, effective date, termination date, type of permit, etc. ' 10. Locatiox~ Where Authorized Activity may be conducted. Scrub-jay may be taken from all residential lots within the platted Sebastian Highlands · subdivision, portions of Pelican Island Elementary School's campus (Appendix .. .... ), md certain commercial/industrial properties owned by the City of Sebastian (Appendix _._). All actions described in this Permit will take place within sections 18, 19, 20, 29, and 30 Township 31 South, Range 39 East and sections 13, 14, 22, 23, 24, 25, 26, 29, and 30, Township 31 South, and Range 3.8 East. ' . 11. Conditions and Authorizations ' · A. General conditions set out in subpart D of S0 CFR 13 and specific conditions contained in Federal Regulations cited in Block #2 above are hereby made a part of this Permit. All activities authorized herein must be carried out in accordance with and for the purposes described in the application submitted. Continued validity or renewal of this Permit is ' subject to complete and'timely compliance with all applicable conditions, inclUding the filing of all required in_formation and reports. ' . B.The validity of this Permit is also conditioned upon strict observance of all applicable foreign, State, lOcal, or other Federal laws. C. Valid for use by Permittees named above, and authorized agents. D. · Acceptance of this Permit serves as evidence that the Permittees and their authOrized agents understand and agree to abide by the terms of this Permit and all sections of Title 50 Code of Federal Regulations, Parts 13 and 17, pertinent to issued Section 11 permits. of the Endangered Species Act of 1973; as amended, provides for civil and criminal penalties for failure to comply with Permit conditions. E. The Permittees, and their designated agents, successors, and assigns, are authorized to .' take up to .7 (seven) families of the threatened Florida scrub-jay, Aphelocorna coerulescens (hereinafter, covered species), incidental to the authorized activities as identified and conditioned herein. Incidental take of covered species will occur as a result of land clearing in preparation, of residential and commercial/industrial construction, and the physical expansion of one elementary school on lauds identified in Block 10 above and as described in the Permittees' HCP. This Permit does not authorize take of covered species resulting from unlawful activities. F. This Permit is intended to cover the ?ermittees from prohibitions of take of covered species due to issuance of land-clearing permits and resulting residential, DIL4FT- Sebastian Area-wide HCP - Incidental Take Permit Terms and Conditions commercial/indus'trial, and educational construction activities and shall mu with the properties identified ia Block 10 above for the duration o£the Permit provided all provisions of the Permit are satisfied. The ?errnittees shall permit personuel of the contact office of the U.S. Fish and Wildlife Service identified in Condition O, below, or other properly permitted and qualified persons designated by the U.S. Fish and Wildlife Service, to enter the Project boundaries at reasonable hours and times for the general purposes specified in Title 50 Code of Federal Regulations § 13.21(e)(2). Certain conservation measures identified within the HCP Could not be effectuated at the local level prior to issuance of this Permit due to time constraints and/or policy conflicts. Therefore, the following measures must be undertaken by the Permittees follow/ag issuance of this Permit. Within 1 $0 (one-eighty) days of'the effective date of this Permit, the Pennittees shall, in consultation with the U.S. Fish and Wildlife Service, develop and execute a Management.Agreement (Agreement) between the U.S. Fish and Wildlife Service and Permittees. The. Agreement shall identify the Permittees' (and any assigns') responsibilities to perpetually implement covered species habitat protection, restoration, and management actions identified in this Permit. Covered species habitat within Pelican Island Elementary School proPerty may be excluded from the Agreement. The Agreement mu~t be approved by the U.S. Fish and Wildlife Service. · Within 120 (one-hundred twenty) days of the effective daie of this Permit, the City Of Sebastian shall execute a perpetual Conserval/on easement for habitat polygons 8, 9, 13, 18,29, and 63 (see HCP Figure 5 and legal descriptions in Appendix )(hereinafter City ConserVation Areas). The Service shall approve the' ~onservation Easement and Grantee of the Conservation Easement prior to its execution.' Within 120 (one-hundred twenty) days of the effective date of this Permit, Indian River County shall 'formally abandon the Gibson Road right-of-way throughout the North Sebastian Scrub Conservation Area. Indian River County shah provide written notitication to the U.S. Fish and Wildlife Service within 10 days of satisfying this Conditiort. The following measures will be employed by the Permittees to ensure that covered-species take is minimized and fully mitigated in compliance' with the purposes of this Permit. Submission of all required documents must be made to the contact office of the U.S. Fish and Wildlife Service identified in Condition P. 1. The Permittees shall protect, restore and manage certain conservation areas' for the I I DRAFT- Sebastian Area-wide HCP- Incidental Take Permit Terms and Conditions benefit of covered species. For the purposes of this Permit, conservation areas I refer to parcels identified in section 4. l. 1 of the Permittees' HCP, which have been desi~ated as mitigation sites. These areas include portions of the Wabasso Scrub i Conservation Area (Appendix' ), Pelican Island Elementary campus, North Sebastian Scrub Conservation Area, Sebastian Highlands Scrub Conservation Area (Appendix .. _ ), and City Conservation Areas: I a. The Permittees shall ensure the above mentioned conservation areas remain in a protected status with prima~ land uses designated only as i conservation, where conservation implies maintenance of natural ecological communities in the absence of significant human disturbances. I b.- . The Permittees shall implement habitat restoration activities for covered species as described in section 5.3.2 of the HCP.. I c. The Permit~ees shall implement habitat management for covered species as · described in sections 5.3.3 and 5.3.4 of the HCP. I .d. 'The Permittees shall implement Conditions I. 1.b. and I. 1 .c. above in accordance with the timeframes established in section 5.3.4 of the HCP. I 2, The Permittees shall restore and manage an existing hedgerow between the Sebastian Municipal Golf Course and the southem-~aost runWay ofthe adjacem i airport property. Vegetation within this h~dgerow shall be managed to create suitable structural diversity for the.benefit of covered species. Management of this · hedgerow shall be consistent with the' objectives of section 5.3 of the HCP. i J. The ?ennittees shall submit annual reports beginaing one (1) year from the Permit... ' issuance date. Annual reports shall include, at a minimum, information necessary to I monitor: of the terms and conditions of this the (1) implementation Permit, (2) effectiveness of the implementation of the terms and conditions of this Permit, (3) the eXtent of incidental take (acres of occupied habitat lost) that occurred during the reporting I period, (4) the biological response of covered species resulting from the Permittees' mitigation measures, and (5)' an. overview of funding necessary to continue implementation i of the terms and conditions oft his Permit. Section 5.4.1 of the Permittees' HCP identifies specific reporting and monitoring Criteria that shall be included in each annual report. · I K. The Permittees and the U.S. Fish and Wildlife Service agree that modifications and amendments to the Permittees' HC? and this Permit may occur throughout the Permit's effective term. The Permit is based upon the Permittees' expected compliance with the i provisions and commitments established in the submitted HCP and this Permit's stated terms and conditions. Where a conflict occars between the HCP and this Permit, the Permit shall control. The following procedures shall govern the modification and I amendment process: i DRAFT- Sebastian Area-wide FICP. Incidental Take Permit Terms and Conditions the Permittee or the U.S. Fish and Wildlife Service may propose 1. Either · . modifications and/or amendments to the HC? or this Permit by providing written notice. Such notice shall include a statement of the reason for the proposed modification and an analysis of its environmental effects, including its effects on operations under the HCP and on the covered species. This analysis shall be. Conducted jointly between the Permittees and the contact office o£the U.S. Fish and Wildlife Service. The parties will use best efforts to respond to a proposed modification or ameudment within sixty (50) days of receipt of such notice. Absent any objection from either par~y, the proposed modifcafion and/or amendmem will be determined'as minor and shall become effective upon ail other parties' written approval, If, for any reason, a receiving party objects to a · proposed amendmem or modification, it must be processed in accordance with Condition ll.K.3, below. ' · 2. The U.S. Fish and Wildlife Service will not propose or approve minor m.o. difications Or amendments to the HC1~ or this Permit if the U.S. Fish and Wildlife Service de~i~es that such modifications would result in operations under the HCP and Permit that were significantly different from those analyzed in connection with. the original HCP, adverse effects on the environmem that are new · or significantly different from those amlyzed in connection with the original HCP, ' ,~ or additional take of the covered species not analyzed ia connection with the '0ri~nal HCP.' 3. Any amendment or modification shall conform with all applicable legal requirements, including but not limited, to the Endangered Species Act, the National Environmental Policy Act, and the U.S. Fish and Wildlife Service's ' permit regulations aU 50 C~F.R. §13 and §17. ' a Special Purpose Permit under C.F.R. §21.27 for the take of L. This permit also col~[~ltes cove~ed species in the amount and/or number and subject to the terms and conditions specified herein. 'Any such take of covered species will not be in violation of the Migratory Bird Treaty A. ct of 1918 as amended (16 U,S.C. §703.t2).. M. The Permittee and the U.S. Fish and Wildlife Service acknowledge that even with the above detailed provisions for mitigating and/or m~rfimizing impacts to the covered species, changes in circumstances could arise that were not'fully anticipated by this permit and that may result in substantial and adverse change in the status of the covered species. The U.S. · Fish and Wildlife Service's policy regarding changed' and unforeseen circumstances is contained in the final '~To'Surprises" rule published on February 23, 1998, (63 Fed. Keg. 8859) and codified at 50 C.F.R. Part §17. Unforeseen and/or changed circumstances may become apparent either to the Permittee, authorized agents, or to personnel of the U.S. Fish and Wildlife Service. For purposes of implementation of this condition, ua.foreseen circumstances are defined as any substantial DRAFT- Sebastian Area-wide HCP- Incidental Take Permit Terms and Conditions and adverse change in the status o£ species; any substantial and adverse change in impacts of the Project or in other factors upon which the HCP and Permit are based; or any other significant new information relevant to' the Permit and Project that could not reasonably have been anticipated by the Permittee and the U.S. Fish and Wildlife Service that could give rise to the need to review the Permittees' conservation program. Should either unforeseen or changed circumstances arise, the Permittee and the contact office of the U.S. Fish and Wildlife Service shall meet within twenty (20) working days following notice. The U.S. Fish and Wildlife Service and Permi~ees shall agree together upon appropriate and reasonable measures for addressing such circumstances, within the rule of applicable law, and the Perrnittees shall implement appropriate and reasonable measures within an additional thirty (30) working days. Upon locating a dead, injured, or sick covered species, or any other threatened or endangered species, initial notification must be made immediately to the U.S. Fish and Wildlife Service Law Enforcement Office, 9721 Executive Center Drive, Suite 206, St. Petersburg, Florida 33702 (727-570-5398). Notification should also be made, by the next working day, to the contact office of the U.S. Fish and Wildlife Service noted in Condition O. Care should be taken in handling sick, injured, or dead specimens to ensure effective treatment or to preserve biological materials for later analysis. In conjunction with the care of sick or injured endangered species or preservation of biological materials from a dead animal, the finder should take responsible steps to ensure that the site is not unnecessarily disturbed. Fo~ purposes of monitoring compliance and admirdstration of the terms and conditions of this Permit, the contact office of the U.S.. Fish and Wildlife Service'is: U.S. Fish and wildlife Service South Florida Ecological Services Office Atto: HCP Coordinator P.O. Box 2676 Veto Beach, Florida 32961-2676 Phone: 561/562-3909 Annual reports, and any correspondence generated from implementation, modification, or administration of the permit, shall also be provided by the Permittees to: U.S. Fish and Wildlife Service Ecological Services At-tn: Incidental Take Permits 1875 Century Boulevard, Suite 200 Atlanta, Georgia 30345 Telephone: 404/679-7313 12. Reporting Requirements i DRAFT- Sebastian Area-wide HCP - Incidental Take Permit Terms and Conditions Report~ will be provided to the U.S. Fish and Wildlife Service. Offices appearing in I Conditions 0 and P of this Permit. I I .I , I I I i I I I ~ I I I I ! City of Sebastian · 1225 MAIN STREET r, SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-$330 ~ FAX (561) 589-5570 ,I, FFICE fief TBE CI &TTfI, Ii Ei' To: Terrence R, Moore, City From: Rich Slight, ,City Attomey/~3~ . Date: Au~ 3, 2000 ' / ~e: Scab-jay p~t; ~o~ prope~ Fo~o~g receip~ of~e Fed~ A~afion ~~afion l~er veto~g ~e proposed use of ~o~ l~d ~ p~ o~e Seb~ ~ea-Wide S~b-lay Habitation Come~fion m~b~s of~e ~agem~t te~ beg~ ~lo~g scen~os ~ wMch use of~on ~d pm of~e HCP wo~d be acceptable. We ~ve m~ ~th F~ o~s'~ Ofl~do ~d ~comp~ed ~em. ona si~e ~speefion ~ a r~resentafive of U.S. :Dep~t for me requem to F~ for approv~ of my proposed use of~o~ lind ~ be req~ed, ~ere appe~s to .be o~y one option we e~ present'to ~e U.S. Fish ~ W~d~e Se~ee ~at F~.~ suppo~. - . ' ~e F~ eo~id~s ~o p~ ~ors ~ appromg uses on ~on l~ds ~ wMch ~ ret~ ~ ~terest: ' . 1. F~t s~, wMch is fo~emo~, ~d 2. L~d ~e mu~ be ~ ~mee ofa~afion p~oses. The F~ ~de~es eonc~g ~t s~ preclude ~e use ofl~d ~ adj[c~t to ~e mways or ~ ~e K~w~y Protection Zone ~Z) for s~b-jay ~figafion. F~ M~so~ Ckc~ 150/5200-33 classics ~e scrub-jay ~y ~oup as h~dous ~e reeo~ends ~t no 1~ds uses a~a~ve to such b~ds be located ~ 10,000 fe~ mov~t ~e~ ~ ~e Seba~ ~on. Fu~er, ~closed for yo~ ~o~fion 2 a l~er ju~ received from ~e DOT A~a~on Scion wMch s=esses ~s issue. ~e p~osopMc~ ~de~gs of~e HCP, nobly ~e des~e to ~ subpop~afions from ~e Seba~.Scmb Conse~afion ~ea ~ose ~ ~e Seb~ Myer B~er No~ resid~g Prese~e, was ~s~ssed e=emively ~th ~e USDA biolo~st ~d F~ ~ough ~e position of F~ was ~at ~ use of ~on l~d ~ ~e HCP wo~d be ~appropfiate, · for special ~onsid~ration for lo~ating the 100 foot bird flight corridor ~ross the propexty since linking these subpopulations was considered crucial to the long-term viability of the North Sebastian scrub-jay families. The only site FAA would consider, subject to USDA concurrence,' was along the northeastern boundary of the industrial tract as far away from the runways amd RPZ as possible. The poteni~l fei using land in the areas at the end of runways was "om-of-~he-question". . . The site visit with the USDA biologirt went well. Although he did not feel the use of airport land for scrub-jay conservation was ideal, he was familiar with the theory of providing a. flight corridor lialdng groups, in fact, he noted that locating the corridor further to the northeast would provide a more flight route from the scrub areas of the Conservation Area, across the golf course and on to the cross-river Buffer l~reserve. Further, he was of the opinion that the birds were more likely to u~e a corridor in flint location than adjacent to the noise and activity of a runway. Based upon his on-site inspection, he was' prepared clearance to approve the corridor in that location, however, he fully concurred with the FAA position thai no other portion of the airport site would be appropriate for mitigation uses. At this point the second directive of FAA came into play ~- exclusivity of land use for aviation purposes. Alihough airport lands do not have to be used directb/for aviation, any other uses must produce revenue that can be devoted to aviation purposes, and in recent years FAA has tightened enforcemem of its requitemem of a market rate return on such uses. FAA acl'u~y asked what rate of return we had used in calculatiug the rental amount On the flight corridor first proposed! Secondly, they were concerned with the economic impact an eight acre (more or less) uadevelopable area nmmiug the length of our industrial area would have on the airport's long-term financial integrivf. This first issue was resolved by pointing, out that the airport site was to be included within the take permit aud. could be justified as on-site mitigation. Although FAA does not favor on-site mitigation unless no reasonable alternative exists, due to the safety considerations discussed above, we pressed upon them that a unique situation existed here because of the airport's location between two bird groups that would otherwise be biologically isolated. We assured them that the impacts of the corridor'on the overall development would be lessened by our '%usiness-park" concept for a high-quality industrial area that will stress uniform site-plan standards and open space. In summary, after extensive discussions it appears that 'FAA will accept a 100 foot flight corridor along the northeastern boundary of the industrial tract adjacent to P, unway 13-31. The City could commit to keeping the corridor structure-free and maintained unsodded with native vegetation nc higher than 15 feet. We could initially clear and grub its if neede~ although it must be remembered that this is a flight corddor~ and all the experts agree that this land is not suitable for h_~bitat. Burning will not be allowed by FAA. Due to FAA policies against granting easements to third parties, the exact instrumem and means of effecting the City' s commiuuent must still be worked out. cc: City I i City of Sebastian, Florida O~t~C~ OF TH~ CITY ~TTOi~Y' CONSENT A~ENDA TRANSMITTAL Agenda No. Subject: Maxwell v. CiW~ delay claim Dempsey/Vocelle drainage project ~./?/. Date Submitted: 8/16/00 For Agenda of': 8/23/00 EXPENDITURE REQUIRED: $99,500 AMOUNT BUDGETED: $0 APPROPKIATION KEQU]I~D: $99,5000 SUMMARY: Mediation was held on 8/15/00 on the lawsuit over this outstanding delay clahu. The issues involved rain delays from El Nino, unforeseen soil conditions, conflicts with the construction plans, and inadequate easements. The amount of the damage claim was in excess of $250,000. Based upon sharing the rain delay expenses, the mediation agreement provided for a settlement of $99,500.00. RECOMMENDED ACTION: Approve settlemem agreement in the case of Max~ell Contracting v. City in the amount of $99,500. AUTHORIZED PLACEMENT ON AGENDA BY CITY MANA From: Date: Re: I Terrence R. Moore, City Manager Mark C. Mason, CPA, Director of Finance~ August 17, 2000 Funding Source for Settlement Pursuant to your request of a funding source regarding the mediated settiement on the Dempsey-¥ocelle project in the amount of $99,500, it my recommendation that we use the Genera/Fund .Undesignated Fund Balance. As you axe aware, daring the 3~d Quarter Bxtdget Amendment, we recaptured $200,00~the estimate for the City Hall Project. These funds, which were earmarked during the year can be rea/located to support the payment of this settlement.