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08121998
ITEM NO. ROLL CALL 1 Mrs. Cartwri~t Mr. Neuberger Mr. Paul Mrs. Sullivan Mrs. Wininger MOTION SECOND ITEM NO. ROLL CALL Mr. Neuberger Mr. Paul Mrs. Sullivan Mrs. Wininger Mrs. Cartwright MOTION SECOND ITEM NO. ROLL CALL3 Mr. Paul Mrs. Sullivan Mrs. Wininger Mrs. Cartwright Mr. Neuberger ITEM NO. ROLL CALL 4 Mrs. Sullivan Mrs. Wininger ----- /~ Mrs. Cartwright Mr. Neuberger Mr. Paul MOTION SECOND SECOND ITEM NO. ROLL CALL 5 Mrs. Wininger Mrs. Cartwright Mr. Neuberger Mr. Paul Mrs. Sullivan MOTION SECOND ITEM NO. ROLL CALL Mrs. Cartwright Mr. Neuberger Mr. Paul Mrs. Sullivan Mrs. Winiagcr ITEM NO. ROLL CALL 2 Mr. Neuberger Mr. Paul Mrs. Sullivan Mrs. Wininger Mrs. Cartwright ITEM NO. ROLL CALL3 Mr. Paul Mrs. Sullivan Mrs. Wininger Mrs. Cartwright Mr. Neuberger ITEM NO. ROLL CALL 4 Mrs. Sullivan Mrs. Wininger Mrs. Cartwright Mr. Neuberger Mr. Paul ITEM NO. ROLL CALL Mrs. Wininger Mrs. Cartwright Mr. Neuberger Mr. Paul ~ Mrs. Sullivan MOTION SECOND MOTION SECOND MOTION 'SECOND MOTION SECOND MOTION SECOND ITEM NO. ROLL CALL Mrs. Caxtwright Mr. Neuberger Mr. Paul Mrs. Sullivan Mrs. Wininger ITEM NO. O/~:./o o~ MOTION~/~ SECOND //co ROLL CALL 2 Mr. Neuberger Mr. Paul Mrs. Sullivan Mrs. Wininger Mrs. Cartwright ITEM NO. ROLL CALL3 Mr. Paul Mrs. Sullivan Mrs. Wininger Mrs. c~,rig~t Mr. Neuberger SECOND SECOND ITEM NO. ROLL CALL4 Mrs. Sullivan h] ..... Mrs. Wininger ,/ Mrs. Cartwright-/ Mr. Neuberger )/ Mr. Paul ~/' ITEM NO. ~/,97,0~ ROLL CALL Mrs. Wininger Mrs. Cartwright Mr. Neuberger Mr. Paul Mrs. Sullivan // MOTION SECOND MOTION SECOND ITEM NO. ~ / 6- 7,d5 ROLL CALL Mrs. Cartwfight Mr. Neuberger Mr. Paul Mrs. Sullivan Mrs. Wininger ITEM NO. qg', /,q ? & ROLL CALL 2 Mr. Neuberger "/ Mr. Paul '/ Mrs. Sullivan Mrs. Wininger Mrs. Cartwright ITEM NO. ~. ROLL CALL Mr. Paul Mrs. Sullivan Mrs. Wininger Mrs. Cartwright,¥ Mr. Neuberger ITEM NO. ROLL CALL 4 Mrs. Sullivan y Mrs. Wininger "/ Mrs. Cartwfight Mr. Neubcrger Mr. Paul ITEM NO. ROLL CALL Mrs. Wininger Mrs. Cartwright Mr. Neuberger Mr. Paul Mrs. Sullivan 8o ,~-r~/~n ~,T~ D Ep MOTION SECOND MOTION SECOND ~'-o~,.~ '~ ~ MOTION /Vor' ~ ~'~ ~srp~~ 'SECOND MOTION SECOND MOTION SECOND ROLL CALL1 ~s. Cmwright .,,/ Mr. Neubcrger Mr. Paul Mrs. Sullivan )/ Mrs. Wi-ingg,. ITEM NO. ~../,3"~g' ROLL CALL 2 Mr. Neuberger Mr. Paul Mrs. Sullivan Mrs. Wininger Mrs. Cartwright ITEM NO. ROLL CALL 3 Mr. Paul Mrs. Sullivan Mrs. Wininger Mrs. Cartwright Mr. Neuberger ITEM NO. ROLL CALL 4 Mrs. Sullivan Mrs, Wininger Mrs. Cartwright Mr. Neuberger r Mr. Paul MOTION SECOND ' MOTION /q¢~ SECOND MOTION / 7/°~ ~ d d~~~ 's~:co~o ~/q ~/~//~ ~OXlOS SECOND ITEM NO. ROLL CALL 5 Mrs. Wininger Mrs. Cartwfight Mr. Neuberger Mr. Paul Mrs. Sullivan MOTION SECOND City of Sebastian 1225 MAIN STREET 0 SEBASTIAN, FLORIDA ,32958 TELEPHONE (561} 589-5330 o FAX (561) 589-5570 SEBASTIAN CiTY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, AUGUST 12, 1998 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK - 1225 MAINSTREET, SEBASTIAN, FLORIDA Individuals shah address, the City Council with respect to agenda items immediately prior to deliberation of the item by the City Council - limit often minutes per speaker (R-97-2D 1. Mayor Sullivan called the Regular Meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. 3. There was a moment of silence. 4. ROLL CALL City Council Present: Mayor Ruth Sullivan Vice Mayor Martha Wininger Mrs. Louise Cartwright Mr. Chuck Neuberger Mr. Larry Paul Staff Present: City Manager, Thomas Frame Acting City Attorney, Timothy Williams City Clerk, Kathryn O'Halloran Chief of Police, Randy White Acting Public Works Director/City Engineer, Martha Campbell Deputy City Clerk, Sally Maio o AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon majority vote of City Council members (R-97-21) 98.002/ 98.112 PROCLAMATIONS, ANNOUNCEMENTS AND/OR pRESENTATIONS A. Presentation of Certificates of Completion to Councilmembers Cartwright and Neuberger by City Clerk - Attendance at Advanced Institute for Elected Municipal Officials 7. CiTY ATTORNEY MATTERS CONSENT AGENDA All items on the consent agenda are considered to be 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 item will be removed and acted upon separately. Approval of Minutes - 7/15/98 Special Meeting, 7/15/98 Workshop, 7/21/98 Workshop, 7/22/98 Regular Meeting, 7/23/98 Workshop, 7/29/98 Public Forum, 8/5/98 Workshop Authorize Mayor to Sign Letter Approving Distribution of $157,777 of Federal Fiscal Year 1998 Anti-Drug Abuse Act Funds by Indian River County(City Manager Transmittal 8/6/98, Proposed Letter) Pelican Island Preservation Society Request for Use of Riverview Park on Sunday, March 14, 1999 from 10 am to 4 pm for 96th Anniversary Celebration with Use of Electricity (City Clerk Transmittal 7/23/98, Letter 7/17/98) Maria Gomez Request Use of Community Center on Saturday, August 22, 1998 from 2 pm to I0 pm for Wedding Reception - A/B - Security Paid and Age Verified (City Clerk Transmittal 8/4/98, Application) 10. PUBLIC HEARING - None INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Which is not other~vise on the agenda - sign-up required - limit often minutes for each speaker 98.154 12. COMMITTEE REPORTS/RECOMMENDATIONS A. Code Enforcement Board 1. Accept Resignation of Joe Generazio (City Clerk Transmittal 7/28/98, Letter 7/23/98) 98.037 ge~.~fion A~lyi~ory Board 1. Accept Resignation of David Nisbet (City Clerk Transmittal 7/28/98, Letter 7/15/98) 98.141 13. OLD BUSINESS A. Request from L.I. Tree Service, Richard Fey, President - Refund of Site Plan Application Fcc - Deferred from 7/22/98 (City Manager Transmittal 8/6/98, Fey Letter 6/6/98) 6 14. NEW BUSINESS 98.102 Approve SunTrust Bank Paving Loan Bid (Gas Tax Revenue Bond) and Authorize City Manager to Waive Bid Procedures and Contract with Bond Counsel for Document Preparation (Finance Director Transmittal 8/5/98, Summary of Bid Information, 8/6/98 Quote ) 7 98.155 Bo Formation of Charter Review Committee (No Backup) 98.156 Purchase of Toro Greensmaster for Golf Course from Hector Turf, Deerfield Beach at GSA Contract Price of $15,181.32 (Asst. to City Manager/Purchasing Transmittal 7/28/98, Budget Page) 9 98.157A/ 97.156 Do Approve First Amendment to Agreement with St. Johns River Water Management District to Extend Contract 97W278 for Main Street Baffle Box and Filtration Sytem to 1/9/99 (Acting Public Works Director/City Engineer Transmittal 7/24/98, Amendment) 10 98.157B/ 97.156 Eo Approve Contract No. WM708 with Department of Environmental Protection for Stormwater Improvements and Authorize City Manager to Execute (Acting Public Works Director/City Engineer Transmittal 7/22/98, Contract) 11 98.157C/ 97.156 Approve Supplemental #9 with Masteller & Meier Contract for Engineering Services for Reconstruction of Eikcam Dam in the Amount of $66,315 (Acting Public Works Director/City Engineer Transmittal 8/5/98, Supplemen0 12 98.150 Appropriate Funds from Undistributed Non-Departmental Account and Authorize City Manager Execute Contract with Solin and Associates, Inc. for Review and Revision of Revised Land Development Code (City Manager Transmittal 8/6/98, Proposed Contrac0 13 98.025 Ho Approve C.R. McLellan Annual Culvert Installation Contract Work Orders 40-45 in the Amount of $45,272.75 (Acting Public Works Director/City Engineer Transmittal 8/4/98) 14 98.089 First Reading of Ordinance No. 0-98-10 - Code Enforcement Procedures - Set Public Hearing for September 9, 1998 (City Manager Transmittal 8/6/98, O-98-10) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING A PORTION OF CHAPTER 2, ARTICLE VI, DIVISION 2, OF THE CODE OF ORDINANCES, PERTAINING TO THE CODE ENFORCEMENT BOARD; PROVIDING FOR PRESENTATION OF CASES TO THE CODE ENFORCEMENT BOARD BY A MEMBER OF THE FLORIDA BAR; PROVIDING FOR THE RECOVERY OF ALL COSTS INCURRED IN PROSECUTING CASES BEFORE THE CODE ENFORCEMENT BOARD; PROVIDING FOR THE ISSUANCE OF CODE ENFORCEMENT CITATIONS; PROVIDING FOR REPEAl, OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 15 98.046 Change Order for Asphalt Recycling for Milling Dempsey and Braddock Streets for Additional $7,773.52 to Existing Purchase Order (Acting Public Works Director/City Engineer Transmittal 7/24/98, City Manager Memo 7/23/98, City Engineer Memo 7/23/98, Change Order #) 16 98.158 Questions Regarding the Answering of Questions on an Application to be a Member of the Construction Board (City Manager Transmittal 8/6/98, Application, Code Section) 17 Cit .'..of Sebastian 1225 MAIN STREET c: SE~_ASTtAN, FLORIDA TELEPHONE (E61).~.-.~~ =~n ~ FAX (E61) 5~g-EE70 S[BAS~ C~ COUNC~ AGENDA REGULAR MEETING WEDNESDAY, AUGUST 12, 1998 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ,4LLAGENDA ITEMS M.4Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK - 1225 MAIN STREET, SEBASTIAN, FLORIDA Individuals shah address the Cio~ Council with respect to agenda items immediately prior to deliberation of the item by the City Council - limit often minutes per speaker (~-97-21) 1, CALL TO ORDER 98.002/ 98.112 3. 4. 5. PLEDGE OF ALLEGIANCE INVOCATION/MOMENT OF SILENCE ROLL CALL AGENDA MODIFIC3TIONS (ADDITIONS AND/OR DELETIONS} Items not on the written agenda may be added only upon majority vote of City Council members (R-97-21) PROCLAMATIONS, ANNOU~L-EMENTS AND/OR PR~I~NTA'I~IO~'~ A. Presentation of Certificates of Completion to Councilmembers Cartwright and Neubcr§er by CiW Clerk - Attendance ~at Advanced Institute'for Elected Municipal Officials 1-40 98.151 41-45 98.152 47-49 98.153 51-52 98.154 53-54 98.037 55-56 98.141 57-58 10. 11. 12. 13. CITY ATTORNEY MATTERS CITY MANAGER MATTERS CONSENT AGENDA All items on the consent agenda are considered to be 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 item will be removed and acted upon separately. A. Approval of Miautes - 7/15/98 Special Meeting, 7/15/98 Workshop, 7/21/98 Workshop, 7/22/98 Regular Meeting, 7/23/98 Workshop, 7/29/98 Public Forum, 8/5/98 Workshop B. Authorize Mayor to Sign Letter Approving Distribution of $157,777 of Federal Fiscal Year 1998 Anti-Drug Abuse Act Funds by Indian River County(City Manager Transmittal 8/6/98, Proposed Letter) C. Pelican Island Preservation Society Request for Use of Riverview Park on Sunday, March 14, 1999 fi.om 10 am to 4 pm for 96th Anniversary Celebration with Use of Electricity (City Clerk Transmittal 7/23/98, Letter 7/17/98) D. Maria Gomez Request Use of Community Center on Saturday, August 22, 1998 from 2 pm to 10 pm for Wedding Reception - MB - Security Paid and Age Verified (City Clerk Transmittal 8/4/98, Application) PUBLIC HEARING - None INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Which is not otherwise on the agenda - sign-up required - limit often minutes for each speaker ~QMMITrE_Iil REPO]gT_S/RECOMMENDATIONS A. Code_ Enforce_men{; 139ar~l 1. Accept Resignation of Joe Generazio (City Clerk Transmittal 7/28/98, Letter 7/23/98) B. Recreation A~lv.j~o~ Board 1. Accept Resignation of David Nisbet (City Clerk Transmittal 7/28/98, Letter 7/15/98) OLD BUSINESS A. Request from L.I. Tree Service, Richard Fey, President - Refund of Site Plan Application Fee - Deferred fi.om 7/22/98 (City Manager Transmittal 8/6/98, Fey. Letter 6/6/98) I i I I I I I I I I I I I i I I I i I I 98.102 59-61 98.155 63-64 98.156 65-64 98.157A/ 97.156 6.5-66 98.157B/ 97.156 67-121 98.157C/ 97.156 123-127 98.150 129-136 98,025 137 98,089 139-152 98.046 155-157 98.158 159-167 98.I59 169-t 71 14. NEW BUSINESS Approve SunTrust Bank Paving Loan Bid (Gas Tax Revenue Bond) and Authorize City Manager to Waive Bid Procedures and Contract with Bond Counsel for Document Preparation (Finance Director Transmittal 8/5/98, Summary of Bid Information, 8/6/98 Quote ) B. Formation of Charter Review Committee (No Backup) Eo Purchase of Toro Greensmaster for Golf Course fi.om Hector Tuff, Deerfield Beach at GSA Contract Price of $15,181.32 (Asst. to City Manager/Purchasing Transmittal 7/28/98, Budget Page) Approve First Amendment to Agreement with St. Johns River Water Management District to Extend Contract 97W278 for Main Street Baffle Box and Filtration Sytem to 1/9/99 (Acting Public Works Director/City Engineer Transmittal 7/24/98, Amendment) Approve Contract No. WM708 with Department of Environmental Protection for Stormwater Improvements and Authorize City Manager to Execute (Acting Public Works Director/City Engineer Transmittal 7/22/98, Contract) Approve Supplemental #9 with Masteller & Moler Contract for Engineering Services for Reconstruction of Elkcam Dam in the Amount of $66,315 (Acting Public Works Director/City Engineer Transmittal 8/5/98, Supplement) Appropriate Funds from Undisthbuted Non-Departmental Account and Authorize City Manager Execute Contract xvith $olin and Associates, Inc. for Review and Revision of Revised Land Development Code (City Manager Transmittal 8/6/98, Proposed Contract) Approve C.tL McLellan Annual Culvert Installation Contract Work Orders 40-45 in the Amount of $45,272.75 (Acting Public Works Director/City Engineer Transmittal 8/4/98) First Reading of Ordinance No. O-98-i 0 - Code Enforcement Procedures - Set Public Hearing for September 9, 1998 (City Manager Transmittal 8/6/98, 0-98-10) AN ORDINANCE OFTHE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA. AMENDING A PORTION OF CHAPTER. 2, ARTICLE VI, DIVISION 2. OF THE CODE OF ORDINANCES, PERTA/NING TO THE CODE ENFORCEMENT BOAR. D; PROVIDING FOR PRF_SENTATION OF CASES TO THE CODE ENFORCEMENT BOARD BY A MEMBER OF THE FLORIDA BAR; PROVIDING FOR THE RECOVERY OF ALL COb-'TS INCURRED IN PROSF_L'UTING CASES BEFORE THE CODE ENFORCEMENT BOARD; PROVIDING FOR THE ISSUANCE OF CODE ENFORCEMENT CITATIONS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABle; AND PROVIDING FOR AN EFFECTIVE DATE. Change Order for Asphalt Recycling for Milling Dempsey and Braddock Streets for Additional $7,773.52 to Existing Purchase Order (Acting Public Works Director/City Engineer Transmittal 7/24/98, City. Manager Memo 7/23/98, City Engineer Memo 7/23/98, Change Order #) Questions Regarding the )mswering of Questions on an Application to be a Member of the Consmaction Board (CiG Manager Transmittal 8/6/98, Application, Code Section) November and December Ci.ty Council Meeting Schedules (Ci .ty Clerk Transmittal 7/27/98, Calendars) 3 15. CITY COUNCIL~kiATT~]~ A. Vic~ Mayor Martha Wining~r B. Mrs. Louis~ Cartwright C. Mr. Chuck Neuberger D. Mr. Larry Paul E. Mayor Ruth Sullivan 16. ADJOURN (All meetings shall adjourn at l O: 30 p. m. unless extended for up to one half hour by a majority vote of City CounciO ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTEi~ CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERiCANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Hearing Assistance Headphones are Available in the Council Chambers.for all Government Meetings. U£co~ing Me~tings: · SpecialMeeu'ng. (Quasi). Wednesday, .~ug~st 19, 1998 ~ 7pm ° F/ork.~bop (False Alarm). Wednezday. August 19,1 998following Special ° RegularMeeu'ng- VYsdnasday, A~tguzt 26, 1998 (~ 7pm ° RegularMeeting - tVedne, sday, September 9, 1998 (~ 7pm · SpecialMeeting- (Budget Hearing) Thursday, Septonber 10, 1998 (~ 7pm · SpecialMeeting - (FinalBudget Hearing) - Tuesday, September 22, 1998 ~ 7pm · RegularMeeting- Wedne. wlay, September 23, 1998 ~ 7pm 4 I City of Sebastion 1225 MAIN STREET g SF-~ASTIAN, FLORIDA TELE,=HONE (561) 5a9-5330 ~ FAX (561) EaS-EE?O MINUTES SEBASTIAN CITY COUNCIL SPECIAL MEETING QUASI-JUDICIAL HEARING(S) WEDNESDAY, JULY 15, 1998 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA '1. Mayor Sullivan called the Special Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. ROLL CALL City Council Present: Mayor Ruth Sullivan Vice Mayor Martha Wininger Mrs. Louise Cartwright Mr. Chuck Neuberger Mr. Larry Paul StaffPresent; City Manager, Thomas Frame Acting City Attorney, Tim Williams City Clerk, Kathryn O'Halloran Growth Management Director, Trav Hass Chief of Police, Randy White Administrative Assistant, Linda Galley. Special City Council Meeting July 15, 1998 Page Two QUA~.I-JUDICIAL PUBLIC HEARING(S), FINP~I~ &DOPTION (Procedures on Back of Agenda) 98.143 Resoitlfign Ng,.R-98-:¢9 , Southfork,$ubdivision Preliminary. Plat (.(kowth Management Transmittal 7/6./98~ R-98-29, Appliqiltj. gn. Staff Report. Location Map. Plat Under Separate Cove..rJ A RESOLUTION OF THE CITY OF SEBASTLkN, INDIAN COUNTY, FLORIDA, APPROVING THE PRELIMINARY PLAT FOR A SUBDIVISION KNOWN AS $OUTI~O~ A REPLAT OF A PORTION OF THE SEBASTIAN HIGHLANDS UNIT 16 AND 17; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR $EVERABIL1TY; AND PROVIDINO FOR. AN EFFECTIVE DATE. Mr. Williams read Resolution No. R-98-29 by tide only, and Mayor Sullivan opened the hearing at 7:02 p.m. There was no swearing in of any affected parties. John King, Realty King, representing Adams and Associates, briefly outlined plans for the 32 acre subdivision. He requested clarification on item number 3 relative to placement of sidewalks, recommending "four foot wide sidewalks shall be constructed on the east side of South Easy Street"; and, in item number 5 recommended that if construction is being done within 25 feet of a waterway, the silt screen will be installed. Following discussion on the silt screen requirement, the Acting City Attorney suggested "When any subdivision coustmction or land clearing occurs within 25 feet of a waterway or outfall ditch, a silt screen shall be erected between such construction or land clearing and the waterway or ouffall ditch." This language was added as number 5. Discussion took place on the lots within the subdivision not owned by the developer; a request for assurance that there be no clearing from a property line to the water for individual lots, requiring contractors to clean up debris after construction. The Growth Management Director gave a brief presentation, said he had no negative comments from Indian River County relative to proximity to scrub jay habitat, and stated "the submitted plat is consistent with the land development code, comprehensive plan and the code of ordinances and the planning and zoning commission did recommend approval ~th some conditions." He went on to state, "Staff does recommend approval of Southfork Subdiwsion with the following conditions, 1) the drainage and maintenance of stormwater tract A shall remain the responsibility of the developer or dedicated homeowners' association, 2) Applicant shall obtain and provide the City with an approved St. John's permit. Any changes to the submitted permit shall also be approved by the City Engineer; 3) Concerning the sidewalks, as amended earlier this evening by the Council; 4) No construction shall be permitted until a subdivision construction permit has been issued by the City. Engineer; 5) Also as amended earlier this evening conceming the silt screen; 6) Construction of Phase I shall begin within eighteen (18) months from date of issuance of construction permits bv the City Engineer. Phase II shall begin within eighteen (18) months of completion of phase I. Phase III shall begin within eighteen (18) months of completion of Phase II." Special City Council Meeting July 15, 1998 Page Three 98.144 B. There being no other input, Mayor Sullivan closed the hearing at 7:35 p.m. MOTION by Cartwright/Neuberger i move to approve Resolution 98-29 with amendment to section one number three, the word "standard" is eliminated, and the section one number five, with the Attorney's recommended language. ROLL CALL: Mas. Cattwright - aye Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - aye MOTION CARRIED 5-0 Resolutiorl Hq, R-98-28 - Permit and CeSificate of Public_Convenienc~ and Necessi _ty (Cit~ (~1~:~ TransmittaL7/9/98.~:.98-28 w/Rates Attached, Applic0.tiom lnsur~ce. Chapter 1063. A RESOLLrrION OF THE CITY OF SEBASTIAN INDIAN RIVER COUNTY, FLORIDA, GRANTiNG A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO PALM BEACH TRANSPORTATION D/B/A YELLOW CAB OF THE TREASURE COAST; PROVIDING FOR COMPLIANCE WITH TIlE REQUIREMENTS OF THE CODE OF THE CITY OF SEBASTIAN; AND ALL PUBLIC LAWS; PROVIDiNG FOR LIABILITY INSURANCE; ESTABLISg~]IXIG RATES FOR SERVICE; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREW1/H; AND PROVIDING FOR AN EFFECTIVE DATE. The City Clerk read Resolution No. R-98-28 by title, and Mayor Sullivan opened the public hearing at 7:37 p.m. It was noted that this was a non-land use quasi-judicial hearing. The City Attorney said because this is a cab company, anyone in the City should be considered affected parties. The City Clerk swore in all those who intended to offer testimony. Mr. Paul disclosed that he had verified that Dan Michaels was notified that there would be a hearing. Mrs. Cartwright said she spoke to Linda Galley. of the City Clerk's office and asked that she provide information relative to granting licenses to other companies for precedence setting. Gerri Kranik, Palm Beach Transportation, gave a brief presentation on the application for permit and certificate of public convenience and necessitv. Mrs. Camvfight asked that she provide a list of company officers and their addresses to tl~e Ci.ty Clerk. Special City Council Meeting July 15, 1998 Page Four TAPE I - SIDE II (7:47 p.m.) The City Manager said the ordinance is inadequate and will require amendment, and noted the City currently has no one in the Police Department with expertise to inspect vehicles as required by the code. He suggested an ASE certified mechanic do the inspection. Phil Mitchell, representing Sebastian Yellow Cab and Indian River Yellow Cab, opposed the resolution based on public confusion over the name Yellow Cab and the length of time the other two cab companies have been operating in the area. Dan Michael, Sebastian and Indian River Yellow Cab, said there is no franchise for the name Yellow Cab, and objected to the need for additional cab companies in Sebastian. In response to Mrs. Wininger, he said he did not have handicapped equipped vehicles. Ms. Kranik again addressed Council requesting approval. The City Manager restated that the ordinance was grossly inadequate and recommended future amendments. In response to Mr. Neuberger, the City Attorney said there is no provision for temporary permits, however, if the code was amended, Council would not be precluded from imposing new, more stringent regulations on existing permittees. It was decided that the inspection requirement will be inserted into section 2. Being no further input, Mayor Sullivan closed the public hearing at 8:I7 p.m. MOTION by Cartwright/Sullivan I move to approve Resolution 98-28 with the amendment to section 2 for the inspection requirement. In response to Mr. Neuberger, Mrs. Cartwright read the amendment, "subject to the'company obtaining a letter certi .lying the acceptable condition of the vehicles by an ASE certified mechanic." ROLL CALL: Mr. Neuberger - nay Mr. Paul - nay l~ks. Sullivan - aye Mrs. Wininger - ave Mrs. Cartwright - ave MOTION CARRIED 3-2 (Neuberger, Paul - nay) Special City Council Meeting July 15, 1998 Page Five MOTION by Wininger/Cartwright I would like to move to direct the City Attorney to review and amend Code of OrdNances Chapter 106. VOICE VOTE on the motion carried 5-0. Being no further business, Mayor Sullivan adjourned the Special Meeting at 8:20 p.m. Approved at the ,1998, Regular City Council Meeting. Kathryn M. O'Halloran, CMC/AAE City Clerk Ruth Sullivan Mayor I 122E MAIN STI::iE_--T cI SE=IASTIAN, FLORIDA TEL!=.--HONE (E61) 589-5330 o FAX (E61) 58g-f. E70 SEBASTIAN CITY COUNCIL WORKSHOP MINUTES WEDNESDAY, JULY 15, 1998 - 8:35 P.M. CITY COUNCIL CItAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Sullivan called the work.shop to order at 8:35 p.m. The Pledge of Allegiance was previously recited at the Special Meeting. ROLL CALL CiW Council P~scng; Mayor Ruth Sullivan Vice Mayor Martha Wininger Mrs. Louise Cartwright Mr. Chuck Neuberger Mr. Larry Paul S~affPresent: City Manager, Thomas Frame Acting City Attorney, Tim Williams Code Enforcement Attorney, Kevin MacWilliam City Clerk, Kathtyn O'Halloran Administrative Assistant, Linda Galley. i I I i I 98.089 WORKSHOP ITEMS A. Code Enforc~_ument Procedures The Cit'v Manager introduced Kevin MacWilliam, the temporary Code Enforcement attorney, reviewed the draft or'finance he had distributed this evening, and responded to questions from Council about the citation process. It was decided to make a determination at the next meeting whether or nat, lbllowing Council review, this item needed another workshop or could be scheduled for hearing. i City. Council Workshop July 15, 1998 Page Two i The City Manager said a resolution will also have to be brought back setting out a schedule of'penalties for violations, but suggested the ordinance be adopted first. Discussion took place on the ordinance which amended legal representation of the Code Enforcement Board and City relative to code enforcement cases, and whether the section needed amendment. Mayor Sullivan noted that section conflicts with the Charter. The City Manager said he would review it and report back. The City Manager said he would bring this item back to the next council meeting and determine whether 1 another workshop is needed or whether the ordinance can be scheduled for fa:st reading. The City Manager requested comments fi'om Council on guidelines for the Budget Advisory Committee to · follow on their behalf. · Mrs. Cartwfight - review budget to be sure i't was within guidelines and presented to them in an · understanding manner and that all of their questions are answered and justified : I · Mr. Neuberger - oversee, look at budget and advise Council on areas that they think need to be looked at °r scrutinized °r need a little m°re explanatiTn °r d, Tfmiti°n . I The City Clerk said that Council should use caution not to be polled by committee members spe -aking individually with members of Council. 1 Mayor Sullivan said she checked with the City Attorney who told her the Charter does supersede a local ordinance. . ' i · Mayor Sullivan said the committee last year did a good job and they would report directly to the City Council. i Attorney Williams agreed that Council members be ,careful not to use Budget Advisory Committee members inadvertently as a conduit to other Council members opinions. 1 · Vice Mayor Wininger noted that Council had previously decided when the Committee will report to I Council; and said she was looking for the Committee to tell Council what is lac-king in the budget and what Council should be looking for. 1 · Mr. Paul - a group of citizens dE ~eloping a budget that is going to enhance the city's growth by allowing certain monies to be either expended or to be retrieved so the tax base can be worked 1 accordingly. ,, Mayor Sullivan reiterated that she had just spoken to the CiG Attorney and he said that the Charter does supersede local ordinances ~,d so it would be that provision that empowers a Ci.ty Manager to hire a City Attorney would not stand up. I I City Council Workshop July 17, 1998 Page Three 5. Being no further business, Mayor Sullivan adjourned the workshop at 9:20 p.m. Approved at the ,1998, Regular City Council Meeting. Ruth Sullivan Mayor Katlxtyn M. O'Halloran, CMC/AAE City Clerk i City o.f Sebastian 12_~5 MAIN ST~E_--T n SEBASTIAN, FLORIDA TELE~HCN~ (5~) ~89-5330 ~ FAX (~8~) 58g-~70 SEBAS~N C~ COUNC~ 1989/1999 HSCA~ YEAR BUDGET WO~SHOP ~U~S TUESDAY, JULY 21, 1998 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Sullivan called the Budget Workshop to order at 7:00 p.m. 2. ROLL CALL City Council Pre~¢rl~: Mayor Ruth Sullivan Vice Mayor Martha Wininger Mrs. Louise Cartwright Mr. Chuck Neuberger Mr. Larry Paul $[aff Presqn[; City Manager, Thomas Frame City Clerk, Kathryn O'Halloran Finance Director, Janet Isman Deputy City Clerk, Sally Maio Acting Public Works Director/City Engineer, Martha Campbell Chief of Police, Randy White Building Dir~ tot, George Bonacci City Planner, Tracy Hass Assistant Public Works Director, Ten-).' Hill Administrative Assistant, Linda Kinchen Parks Superintendent, Chris McCarthy Garage Superintendent, Darvl Thompson The Pledge of Alle~ance was recited. I City Council Budget WorKshop July 21, 1998 Page Two I 4. 1997/1998 FY BUI~(~T I (Proposed Budget Previously Distributed- Please bring with you) A. STAFF PRESENTATION ' I i. Opening Com~qn~ - ¢i[v Manager The City M,anager gave a brief opening statement on the proposed decrease from 6.90 mills to 6.70 i mill, and the overall budget. ii. Overview of Bu0get -Fill0nceDir~ctor I The Finance Director gave an overview of proposed revenues and expenditures. I Mayor Sullivan requested that the organizational chart be changed to separate the City Attorney and City Clerk and make them separate entities as is.the City Manager. Vice Mayor Wininger requested that Boards & Commissions flow from the.side of City Council rather than beneath it. The Finance I '. Director said she would make the changes. iii. Detilil O.~.~rating Budget Review I · l~¢gisla..tJ_ve 10-5 ! 1 Vice Mayor Wininger requested that the Authorized Personnel for each fund reflect 97/98 and I proposed 98/99. The Finance Director said she would do that. Although there was discussion on decreasing travel and per diem and books and dues, there was a I consensus to leave in the mounts recommended by the City Manager. · ~il~ Maallg~ 1_1-512 . i Mayor Sullivan said she wanted to see proposed raises for all department heads in the proposed budget and discussion followed on her request. The Finance Director and City Manager explained I that 3% is programmed into the proposed budget for all employees, but that until such time as the union negotiations are complete, no final numbers can be inserted. TAPE I - SIDE II (7:47 p.m.) I Discussion continued on procedure for evaluation of the City Manager. Mayor Sullivan said she wanted the percentage for increase from each Council member disclosed at'a public meeting. I In response to Vice Mayor Wininger, the City Manager said he could provide a list of all employees and salaries once union negotiations are complete, and that union decisions do affect non-union' I employees. I City Council Budget Workshol~ July 21, 1998 Page Three The City Manager noted that line 490 should be zero. Discussion took place on the overtime line. The City Manager noted his administrative assistant had been doing exlxa Human Resources work. No other changes were made. · CiW Clerk 12-512 In response to Vice Mayor Wininger, the City Clerk said she submits her requests and works with the City Manager and Finance Director before her budget is presented to Council. She then briefly noted items she had deleted, the increase in codification costs, and discrepancies in percentage increases for certain department heads. Mayor Sullivan said she would like to see agreements with department heads before they are approved. The City Manager said he was using a process in place before he arrived and said he would have to ask Council to establish a policy. Mrs. Cartwright said Council's only authority is to approve a budget and that the City Manager has complete latitude to work within the scope of the funds they give him. Vice Mayor Wininger noted this is a budget workshop and that this discussion can be addressed on a future agenda. There were no changes to the proposed budget. · Finance 13-513 : There were no changes to the proposed budget. ° Legal 14-51.4 Following a brief discussion, TAPE Ii - SIDE I (8:35 p.m.) there was a 3-2 consensus (Sullivan, Neuberger - nay) to change the total amount to $100,000, in effect changing professional services to $96,070. In response to Vice Mayor Wininger, the City Manager said it was possible that a Citv Attomcv with expertise in labor law could eliminate the need for separate labor counsel. Mayor Sullivan called recess at 8:40 p.m. and reconvened the workshop at 8:55 p.m. All members were present. City Council Budget Workshop July 21, 1998 Page Four · Police Dei?artmellt 15-521 Discussion took place on the MACE officer, lump sum bonus, increases in operating supplies, promotional activities, the request for a new position in communications, the final Spaul report, civilianizing the evidence technician in the furore, auto track computer program, and increased need for police service. Discussion continued on the request for a Jeep Cherokee 4X4, radar guns, education, mandates for training, interact access, and defibrillators. There were no changes to the proposed budget. · Human Resources 16-5 L3 ' ' ' The City Manager said an advertisement had been placed for a director. TAPE II - SIDE II (9:40 p.m.) Vice Mayor Wininger asked about cost accounting, and whether overtime for Human Resources should not be here rather than in the City Manager s budget or if the City Manager's assistant's salary could be divided between budgets. She also noted that if the assistant was doing legal work for the City Attorney, legal costs were not tree costs. Following a brief discussion of other line items, no changes were made to the proposed budget. · Growth Management 18-515 Discussion took place on the Growth Management Director and Growth Management Manager salaries. No changes were made to the proposed budget. ice Mayor Wininger was excused at 10:00 p.m. Building Departm~t19-;~25 It was noted that this is a fu'st time budget for this department, and discussion took place on the proper amounts and whether this should be a self-supporting department. The City Manager said figures can be readjusted if they. are insufficient. No changes were made to the proposed budget. 4 City Council Budget Workshop July 21, 1998 Page Five Mrs. Cartwright suggested Council adjourn at this time and continue on Thursday evening, in light of Vice Mayor Wininger's absence. Mr. Neuberger said he would entertain a motion to adjourn and Council agreed to continue on Thursday, July 23, 1998. The budget review will begin with Fun_Il 0_01-22440 Admin/Engineering and the following agenda items will be addressed after review of the proposed budget is completed, B. COUNCIl, COMMENTS/DIRECTIONS C. C,.APITAL BUDQtliT REVIEW D. CLOSING CQM34~NTS Mayor Sullivan adjourned the Workshop at 10:08 p.m. Approved at the ,1998, Regular City Council Meeting. Ruth Sullivan Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk MAIN STI~I~_---T T~LE,~HGNE SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JULY 22, 1998 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Sullivan called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. There was a moment of silence. ROU.~ CALI~ Ci~v Council Present: Mayor Ruth Sullivan Vice Mayor Martha Wininger Mrs. Louise Cartwright Mr. Chuck Neuberger Mr. Larry Paul StaffPr¢~ent: City Manager, Thomas Frame Acting City Attorney, Tim Williams City Clerk, Kathryn O'Halloran. Acting Public Works Director/City. Engineer, Martha Campbell Chief of Police, Randy White Depu .ty City. Clerk, Sally Maio I i I ! Regular City Council Meeting July 22, 1998 Page Two 98.046 AGENDA MQOIFICATIONS (ADDLTIONS AND/OR DELETIONS} Items not on the written agenda may be added only upon majority vote of City Council members (R-97-21) None. PROCLAMATIONS~ANNOUNCEMENTS AND/OR PRESENTATIONS None. ~ITY ATTORNEY MATTERS None. CITY MAaNIAGER MATTERS None. IT. EMS CARRJJ~D FORWARD EROM. 7_L8/98 REGULAR MEETING A. Dernpscy and Braddock Street Road Repairs (Public Works Transmittal 6/30/98_1 MOTION by Sullivan/Wininger I would like to move approval of this purchase order with Asphalt Recycling, Inc. in the amount of $20,050 for road recycling, and authorize an additional appropriation of $8,750 from the road materials account. ROLL CALL: Mrs. Camaxight - aye Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - aye MOTION CARRIED 5-0 2 Regular City Council Meeting July 22, 1998 Page Three 98.141 B. Request from L.I. Tree Service, Richard Fey., President - Rerun4 of Site Plan Application Fee (City Manager Tran~m. Jll:al 7/1/98, Fey Letter) Following some discussion, Vice Mayor Wininger asked if there was a copy of the original transmittal letter from Mr. Massarelli in the computer, and the Ci.ty Manager said he could attempt to locate the letter. Bruce Cooper, representing Mr. Fey, said he was willing to delay the item and provide a chronological order of events if he was able. MOTION by Paul/Cartwright I would move to defer this until the August 12 meeting until we can have confu-mation from Mr. Massarelli in reference to what he has to say and possibly finding the letter cover for the fax. VOICE VOTE on the motion carried 5-0. CITY COUNCIL MATTEP~. a. Mayor l~,uth Sullivan Expressed concern about allegations that a Construction Board member had a prior felony. The City Manager said he was planning to schedule this for August 12 regular agenda and said he could ask the Attorney to review it and report back. The Acting City Attorney, said after a brief review, he did not see any criteria in the section on Construction Board relative to removal, however, there may be something in another area. b. Vice Mayor Martlla Wininger Discussed the need for a Charter Review Committee and asked for Council consensus to place the item on the next agenda for discussion. Council concurred. c. ~rj,J~guis~ Cartwrigl~.t Requested a deadline date for a charter revision ordinance from the Citv Clerk. Thanked members of the Sebastian River High School Band for their participation in the 4th of July parade and Walter Barnes for helping to get them there. Regular City. Council Meeting July~ 1998 Page Four 98.092 d. Mr. Chllq~ lq..el~berger Questioned the need for barricades at CtL512 East and US I. The City Manager said there is a drainage pipe with slope problems in that area. Members of the audience said the barriers were removed today. e. MrLLar~ Paul Questioned the availability of grants for an available property along the waterfront and suggested a City marin~. The City Manager said perhaps the City could participate with Indian River County to apply for grants fi.om various agencies, that possibly the County could put in a third ramp, and some educational and picnic facilities. He requested direction to seek agreement from the County for participation. It was the consensus of City Council for the City Manager to proceed to contact Indian River County, look into grant timetables and report back. Recommended looking into obtaining a band shell for jazz concerts or other types of cultural activities in the City. The City Manager said he would look into the cost of a bandshell, and suggested perhaps coordinating with local groups who might want to organize such events. Questioned dual bcard and committee membership on behalf of people who had asked him about it. Vice Mayor Wininger reminded the City Manager that he was to bring back the Code Enforcement ordinance tonight to determine if it is ready for first reading. The City Manager said he would set it for first reading on August 12, 1998. 10. CONSFANT AGENDA All items on the consent agenda are considered to be 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 item will be removed and acted upon separately. Approval of Minutes - 7/I/98 Workshop, 7/8/98 Regular Meeting, 7/10/98 Special Meeting Approve Revised Budget Calendar for Fiscal Year 1998/1999 - Revised Public Hearing Dates (Finance Director Transmittal 7/16/98) The City. Manager read the consent agenda, and Mayor Sullivan removed item A, the 7/8/98 Regular Meeting and 7/10/98 Special Meeting. 4 i I I i I I I I I I I I Regular City Council Meeting July 22, 1998 Page Five Mayor Sullivan requested the names of the Council appointees be added to the 7/8/98 regular meeting motion on the Budget Adviso~ Committee on page 7. (The list of appointees will be attached to the 7/8/98 minutes as an exhibit). Mayor Sullivan "as requested by Mr. Frame" be changed to "as suggested by Mr. Neuberger' in the fa:st paragraph on page 2 of the 7/10/98 minutes. MOTION by Sullivan/Neuberger I would approval of the minutes of 7/1/98, the workshop, 7/8/98 regular meeting and 7/10/98 special meeting as amended. VOICE VOTE on the motion carried 5-0. MOTION by Cartwfight/Neuberger I'move to approve item B of thc consent agenda. VOICE VOTE on the motion carried 5-0. TAPE I - SIDE II (7:47 p.m.) 11. 12. 13. PUBLIC ]-IEARING - None INTRODUCTION OF NEW BUSINESS EROI~I[THE PUBLIC Which is not otherwise on the agenda - sign-up ~equired - limit often minutes for each speaker Walter Barnes, 402 Azine Terrace, Sebastian, 1) requested an update on the Indian River Drive sidewalk; 2) expressed concern regarding the Mayor's comments about Manager evaluation and pay raise; stating that previous appraisals were done aboveboard; 3) disagreed with employment contracts being approved by Council, recommending that proper procedures be established; and 4) expressed concern for actions of this Council, citing time spent on silly arguments rather than taking care of City business; noting the City Manager is not the enemy, and said personal agendas don't mean squat to the public. Sal Neglia, 461 Georgia Boulevard, Sebastian, read his response letter to Mrs. Cartwright into the record relative to allegations of charter violations by the City Manager. He then read from Council minutes relative to use of City. stationary and :me of the City Council Member title in !etters, and suggested a resolution be adopted to establish a policy. COMMITTEE REPQRTS/RECOMMENDATIONS Vice Mayor Wininger advised that there is an EMS meeting in the Count-,' Commission chambers on Fridav at 1 pm for the north county ambulance, and urged attendance. Regular City Council Meeting July 22, 1998 Page Six 98.119 98.135 A. Budget Advisory CoTtmittee Appoint One At-Large Member (.q[~ Clerk Transmittal 7/16/98. Two Applications. Press Release) City Council interviewed Ben Bishop. Elizabeth Griffin was unable to attend the meeting. MOTION by Cartwright/Paul I move to appoint Ben Bishop to the at-large member of the temporary Budget Advisory Committee. ROLL CALL: Mr. Paul - aye Mrs. Sullivan - nay Mrs. Wininger - aye Mrs. Cartwright - aye Mr. Neuberger - nay MOTION CARRIED 3-2 (Sullivan, Neuberger - nay) Mayor Sullivan called recess at 8:13 p.m. and reconvened the meeting at 8:23 p.m. All members were present. 14. OLD BUSINESS A. Release of Water Use Restriction Iml;t.o,~ql J.~tl_e_24L 1998 (City Monager Tran,~j~l 7/1.6/98. Sec. 102-82 ~e. MaTor Letter, PJ Art[cle~l A lengthy discussion took place on the water restriction, its need for amendment based on the fact that the City no longer has a utility, and problems encountered with enforcement, people losing water during the recent drought, and the mandatory St. Johns River Water Management District permanent water restriction. MOTION by Cartwright/Paul I move to keep the emergent water restriction' in place and ask staff to come back quickly as possible with an ordinance enforcing the St. Johns' regulations. 6 I I I I I I I I I I I I I I I Regular City Council Meeting July 22, 1998 Page Seven ROLL CALL: Mrs. Sullivan - nay Mrs. Wininger - aye Mrs. Cartwright - aye Mr. Neuberger - nay Mr. Paul - aye MOTION CARRIED 3-2 (Sullivan, Neuberger - nay) The City Manager said police vehicles cannot be washed by prisoners due to the restriction. At this time, it was asked that the motion be reconsidered based on the police concern, and the hardship on people without automatic sprinklers. Bob Bebe, 278 Main Street, Sebastian, said the main Golf Course pump is down and they must water at night because of the restriction. The City Manager said the restriction had an impact on the Golf Course greens and said he thought the large pump had been repaired. TAPE II - SIDE I (8:50 p.m.) MOTION by Wininger/Sullivan I move to reconsider. ROLLCALL: Mrs. Wininger Mrs. Cartwright Mr. Neuberger Mr. Paul Mrs. Sullivan - nay - aye - nay - aye MOTION CARRIED 3-2 (Cartwright, Paul - nay) Regular City Council Meeting July 22, 1998 Page Eight MOTION by Sullivan/ I would move that we remove the emergency restriction and simply follow the St Johns Water Managem~mt District restrictions which are in effect all the time an.vway. Mr. Neuberger said if she would add "that the City would look into the ordinance" he would SECOND the motion. When asked by Mm Cartwnght, which ordinance. , he replied the emstmg ordinance.'' Mrs. Cartwright and Vice Mayor Wininger noted Council had akeady given that dkection. Mayor Sullivan said, "it can be looked into to see if, Mr. Neuberger had originally said he wanted an ordinance with more teeth, I think he made that clear before, and I will certainly add that to my motion." Mrs. Cartwright asked"To follow, to put in the ordinance as I said before, to create the ordinance with the St. Johns' mle~ for enforcement?" Mayor Sullivan responded, "Well I think Mr. Neuberger wanted more than that, didn't you Mr. Neuberger? Well he wants another one that's updated, the old one isn't enforceable. To have a new ordinance written, that's what we're talking about. A new local ordinance." The City Manager restated what he thought the motion was, "What I think I hear Mr.. Neuberger saying is, that nmnber one he would like to see some local ordinance that is more restrictive than what we've had in the past that deals with regulating the use of water. It may be incorporating some of the issues of the water management district but I think what I heard him also say he wanted there's some other things that might even be more restrictive such as the rain gauge that controls, the second thing is that we already have been instructed to amend and come up with a new emergency water use restriction ordinance, and so that's a separate item. Now that's my understanding of what I think you Want." Mr. Neuberger said, "That's correct." and Mayor Sullivan responded "And that's the intent of my motion." Mr. Ne~berger then said "Add to the ordinance or guidelines that Mrs. Cartwright had, put some teeth into the thing and take it fi.om there, it had nothing to do with the emergency ordinance." Mayor Sullivar. hen repeated her motion "To lift the emergency, water restriction and to follow St. Johns Water Management District with the understanding that a new ordinance would be written for future consideration by the Ci .ry." Richard Taracka, Coverbrook Lane, Sebastian, recommended extending the restriction due to the fact that there is an inadequate water table. He urged other Council members to call St. Johns. I I I I I I I I I I i I Regular City Council Meeting July 22, 1998 Page Nine ROLL CALL: Mrs, Cartwright Mr. Neubcrger Mr. Paul Mrs. Sullivan Mrs. Wininger nay aye nay aye aye MOTION CARRIED 3-2 (Cartwright, Paul - nay) 15. NEW BUSIBIES$ 98,145 RESQLUTION NQ. R-98-34 - Apprgv¢ VisiQnCare Plan Contract for Term of October I, 1998_5o ~eptember 30. 1999 - $6,;500 (Human Re%ources Transmittal 7/14/98. R-98-34 whl_ttached exhibit) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO ACCEPT, ON BEHALF OF THE CITY OF SEBASTIAN, THE RENEWAL OF VISIONCARE PLAN; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. The Acting City Attorney read Resolution No. R-98-34 by title. MOTION by Sullivan/Neuberger I would move to approve. Discussion took place on the plan's benefits. Mayor Sullivan noted a typo in a whereas clause, to delete "a". ROLLCALL: Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - aye Mrs. Camvright - aye MOTION CARRIED 5-0 98.146 Authorize City M0gtag{/r to Execut,~ C~ntract F9136 with Florida Department of Environ~ Protectio~n for Barber $~et Sports Complex Recreational Facilities Grant (Public Works..D. [r. ector Tragsmittal 7/13/98, Contract] MOTION by Sullivan/Neuberger I would move to authorize the City Manager to execute Contract F9136 with FDEP for BSSC recreational facilities. Discussion took place on whether the match could be 100% in-kind, and the £om~ula for the City's match. It was noted that there is a meeting next week on the issues of the ~ant. Regular City Council Meeting July 22, 1998 Page Ten Mrs. Cartwright requested that Council see improvement plans prior to construction. The Parks Superintendent said there is an overall site plan for the sports complex and it had already been through Planning and Zoning for approval. The City Manager said he would review the site plan for timeliness. Discussion took place on a proposed skateboard facilitv. ROLL CALL: Mr. Patti - aye Mrs. Sullivan * aye Mrs. Wininger - aye Mrs. Camatright - aye Mr. Neuberger - aye MOTION CARRIED 5-0 Mrs. Cartwright was excused fi.om 9:30 p.m. to 9:32 p.m. 98.147 ,a, pprove Purchase of Cushman Jr. Turf"Truckster"_for Golf Collrse - Piggyback Florida State Contril~t in the_Am.ourt~ 9f$6,145 (Asst. to Ci~ Manager/Purchasing Transmittal 7/13/98. Ccrjm Memo~ MOTION by Neuberger/Wininger I move to approve the purchase of a Cushman Jr. turf huckster as stated above (out of the Golf Course Enterprise Fund). ROLL CALL: Mm Suilivan - aye Mrs. Wininger - aye Mrs. Cartwright - absent Mr. Neuberger - aye Mr. Paul - aye MOTION CARRIED 5-0 98.148/ 98.054 Proilgsed Contract Addendum - Solin and Associates, In~ to Prepar~ City Response to State Objections, Recommen~lotions, and Comments Report for Comprehensive Plan (Ci .ty Manager Transmittal 7/17/98, Sol in Memo, Proposed Addendum) The City Manager said no appropriation is required since there are adequate Communi ,ty Development Department funds. MOTION by NeubergerAVininger I'll move to approve the City. Manager executing a contract addendum xvith Les Solin for an amount not to exceed $7,000. I0 Regular City Council Meeting July 22, 1998 Page Eleven ROLLCALL: · Mrs. Wininger Mrs. Canwright Mr. Neuberger Mr. Paul Mrs. Sullivan MOTION CARRIED 5-0 TAPE II - SIDE II (9:35 p.m.) 98.149 ,E. - aye - aye - aye - aye 98.0O4 F. Wat~:£ Main Assessments- Approve Appropriation and Payment of $8~501.64 to Indian Ri~er County (Finance_Director Tl:ilnsmittal 7/16/98) MOTION by Neuberger/Sullivan I move to approve the payment of $8,501.64 to Indian River County and move to appropriate $8,501.64 of the undistributed line item account in the non-departmental budget to pay these assessments in the current fiscal year. ROLL CALL: Mn. Camvright - aye Mr. Neuberger - aye Mr. Paul' - aye Mrs. Sullivan - aye Mrs. Wininger - aye MOTION CARRIED 5-0 Spprove Purchos~ of Five Automated l~ternai Defibrillators from Ph,vsio-Cor~trols, Inc. l,J~ing $5,350 Dona, ted Ful!.~ an~] ~9,507~.75 Appropriated bv Cottucil from Undistributed Non- Dep~rnental Account(.Chief_o_f Police Transmittal 7/16/98) MOTION by Paul/Sullivan I would like to make a motion to authorize the City Manager to purchase five automated external defibrillators for the use by the police department from Physio-Controls, Inc, using the $5,350 donated funds and the $9,507.75 apg. opriated by *"is Council action. Mayor Sullivan requested that the floor be asked for before starting a motion, read the names of those who donated fund (see list attached), and requested the list be made a part of the motion. Mr. Paul said he wanted the motion to stand and then add the list after the original motion is voted upon. Mrs. Wininger asked whether defibrillators can be removed from next year's proposed budget. The City Manager said he would do so. I1 Regular City Council Meeting July 22, 1998 Page Twelve 16. Mr. Neuberger suggested a plaque be made commemorating the donors. Mr. Paul agreed with the plaque, and said he would like to keep an open space so there can be a continuation of donation of funds .for additional defibrillators; and that he would like this as an addition to the motion. It was decided to leave the original motion as it stands. ROLLCALL: Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 MOTION by Sullivan/Wininger I would like to make the motion that we recognize all of the organizations and individuals by name, who made the donations for the defibrillators, and that they be placed on a plaque. Vice Mayor Wininger said she had been informed that when money is donated for a specific item, it can only be used for that purpose, and there may come a point when no more defibrillators are needed. Mr. Paul said he would rather have the money designated to this specific subject and then close it down when no more is needed. ROLLCALL: Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - aye Mrs. Cartwri~t - aye Mr. Neuberger - aye MOTION CARRIED 5-0 Being no further business, Mayor Sullivan adjourned the Regular Meeting at 9:50 p.m. Approved at the ,1998, Regular City Council Meeting. Kathryn M. O'Halloran, CMC/AAE City Clerk Ruth Sullivan Mayor 12 I 1225 MAIN STRE_=T m SEBASTIAN, FLORIDA TELEPHONE (561) E89-5330 o FAX (561) E~S-EE70 SEBAS~ E~ CO~C~ 1~$9/1~9 ~SCA~ YEAR BUDGET WO~S~OP ~INUTES THURSDAY, JULY 23, 1998 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA This workshop was a continuation of the Tuesday, July 2~1, 1998 budget workshop. Mayor Sullivan called the Budget Workshop to order at 7:00 p.m. The Pledge of Allegiance was recited. ROLL CALL Cikv Council Pres~ot; Mayor Ruth Sullivan Vice Mayor Martha Wininger Mrs. Louise Cammght Mr. Chuck Neuberger Mr. Larry Paul (arrived 9:20 p.m.) Start' Present: City Manager, Thomas Frame City Clerk, Kathryn O'Halloran Finance Director, Janet Isman Acting Public Works Director/City Engineer, Martha Campbell Airport Manager, john Van Antwerp Assistant Public Works Director, Term Hill Deputy City Clerk, Sally Maio Administrative Assistant. Linda Kinchen Parks Superintendent. Chris McCarthy Garage Superintendent, Daryl Thompson City Council Budget Workskop July 23, 1998 Page Two TAPE [ - SIDE II (7:48 p.m.) 1997/1998 ~ BUDGET (Proposed Budget Previously Distributed- Please bring with you) A. STAFI~ pRESENTAIION I. Opening Comments - City Manager - completed on 7/21/98 ii Overview of Budget -Finance Director - completed on 7/21/98 iii. Detail Operating Budget Re¥ie~/- Beginnning with Fund 001-22-540 ~4dmin/Engineering · DPW/Adrnin/Engineering 22-540 City Council concurred to fund the Public Works Director position up to $51,000. Following questions by Council, the department will report back on fimding for the fax machine and interact service. City Council concurred with allowing public input. Line 640 Equipment was reduced to $1,170 for the hand held radio. There were no other changes. · DPW/Roads & Drainage Dept. 23-54~[ The City Engineer displayed a reorganization chart for roads aad drainage crews and noted the proposed budget included two new maintenance positions and a walking excavator.. There were no changes to the proposed budget. · DPW/13u~tdi~g]Maintenance 24-519 Following some discussion, funding for painting City Hall and testing for the odor in City Hall were suggested. Staff was asked to come back with an explanation on ERU expenditures. There were no changes to the proposed budget. 1DPW/Central Garage,_25-549 Discussion took place on certi .fying mechanics. There were no changes to the proposed budget. City Council Budget Workshop July 23, 1998 Page Three · DPW/Ptrks ~d Rgcreation 26-572 There were no changes to the proposed budget. · DPW/Cemetery 27-53.9. There were no changes to the proposed budget. ° Non-Departmental 30-590 The Finance Director said she would check on Raikoad Crossing Insurance. The City Manager explained the reduction in line 999 general fund contingency, and the Finance Director said she felt comfortable with state revenue estimates. There were no changes to the proposed budget. · Communi[v 13~¥~[0p. ment Block Grant (CDBG) Fwd Revenues 0,nd Exp_e,.gditures There were no changes to the proposed budget. · 13:bt Service Fund - ~l~ecial Assesstnent Re¥~nues and Expenditure,,a. There were no changes to the proposed budget. · Golf Course l~n)~rpl~Se_Fund - Administrative 40-572 The Finance Director explained depreciation expenses, and said she will give Council a breakdown of dues paid out. There were no changes to the proposed budget. · Golf Course_Ente~fise Fund - Grins and Maintenance 41-572 The City Manager said he would do a comparison study on the ISS contract and city ~n eens maintenance, verify when the ISS contract will expire and review the purchase of equipment prior to the budget hearings, and will get an answer on line 620 for the chemical room for Mr. Neubergcr. Mr. Paul arrived at 9:20 p.m. There were no changes to the proposed budget. City Council Budget Workshop July 23, 1998 Page Four · Golf Course Enterprise Fund - Cart Expenses 42_572 It was recommended that line 526 gas and oil for range ball picker should be looked into and the agreement with ISS renegotiated. There were no changes to the proposed budget. · Airport_Enterprise FuRd - Airport Revenu¢~ and Experlditures ~0-542 There were no changes to the proposed budget. TAPE II - SIDE II (9:40 p.m.) The Finance Director noted that the fund balance includes assets and cash. · ~¢metery 0~xpendable Tms0. Fund Revem~es and Expenditures There were no changes to the proposed budget. · ].i~ Enfor...c..el!l¢llt {2onfiscat~O/Abandoned PrQperty (Expendable Trust) Fund Revenues and F,g,l~enditures There were no changes to the proposed budget. · Law Enforcement Education and_Training (E~llendable Trust) Fund Revenues and Expenditures There were no changes to the proposed budget. · Public Safety Emplov~s l~enefit&Welfare Tm~t Eund R~enues and Exgenditures There were no changes to the proposed budget. · Q¢!lcrll q3.gv~rnm~nt Employees B~oefit & Welfare Trust Fund Revenues and Expenditures There were no changes to the proposed budget. B. COI, JNC_LL COMMENTS/DIRECTIONS The City Manager advised Council that it must agree on a tentative millage rate prior to the close of this workshop, noting that it can be reduced at the first hearing, and could then go no higher at the second heating. City Council Budget Workshop July 23, 1998 Page Five C. CAPITAL BUDGET g~EVIEV~ The City Engineer highlighted the changes in the capital budget since approval of the 97/98 approval. There were no changes to the proposed capital improvement budget. D. CLOSING COMMENTS The Finance Director reviewed changes made as follows: Removing $800 typo in City Manager's budget Increasing Legal by $30,150 Defibrillators were approved for payment in the current fiscal year thus reducing Police Dept. budget request by $17,750 Adding $6,000 plus associated costs to Admin/Engineering budget for the Public Works Director Removing $1,110 for the Admin/Engineering budget for the hand held radio Mrs. Wininger recommended deleting the Police Department Jeep Cherokee 4 X 4 at a cost of $20,300, and suggested the City look into what it pays its Charter officers, citing the Iow Clerk salary. Mr. Neuberger said Ed Morse Chevrolet has Luminas at a lower cost and it was worth looking into. The City Manager said he would have the Chief provide further justification prior to the first hearing. Mayor Sullivan recommended deleting the greens equipment at the Golf Course in the amount of $25,000. The City Manager said he would be reporting back on the ISS contract as previously directed. The City Manager stated the rolled back rate was 6.9396 mills. There was a 4- I consensus for setting the millage at 6.7000 mills. Mr. Neuberger recommended 6.6000. 5. Being no further business, Mayor Sullivan adjourned the workshop at 10:20 p.m. Approved at the ,1998, Regular City Council Meeting. Ruth Sullivan Mayor Kathryn M. O'Halloran, CMC/AAE i City of Sebastian 1225 MAIN STRE=-T m SEEASTIAN. FLORIDA 32_c~8 TELEFHONE (56~) 589-5330 m FAX (561) = c --- ,.,8.-::. ~ ,0 MINUTES CiTY COUNCIL QUARTERLY OPEN FORUM WEDNESDAY, JULY 29, 1998 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Sullivan called the public forum to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL City Council Present: Mayor Ruth Sullivan Vice Mayor Martha Wininger Mrs. Louise Cammght Mr. Chuck Neuberger Mr. Larry Paul Staffpresent: City Manager, Thomas Frame City Clerk, Katlm'n O'Halloran Chief of Police, Randy White Deputy CiG Clerk, Sally Maio City Council Public Forum July 29, 1998 Page Two OPEN FO~U~ The informal open forum provides an opportunity for members of the public to make presentations to the City Council on timely (having occurred within the last six months) issues appropriate to the City. Presentations of five minutes will be allowed, however, the time may be extended to ten minutes i. fame allows by a majority vote of City Council. Personal attacks on staff or Council will not be allowed. Sign-up sheets will be available prior to the meeting and sign-up will be required. City Council will not take action on any matter at the forum. Thomas Wojciechowski, 425 Peterson Street, Sebastian, talked about what he likes about Sebastian, particularly the Golf Course. He commended Pat Cerjan, Greg Gardner, Tom Frame and ISS for making the Golf Course such a smooth operation; talked about expansion of the Eagles Nest restaurant; and urged Council not to delete any requested items from the Golf Course budget. 'Jane Funicello, 150 Concha Drive, Sebastian, asked Council why the water restriction was discontinued; talked about low water tables and the fact that people are not concerned about dirty police vehicles; and recommended Council stop its bickering. The City Manager explained that the existing water restriction code was unenforceable, and said there is debate. as to whether there is low water or merely pump problems. Mr. Van Woeart, 1761 Mistletoe St., Sebastian, gave a brief history of his and others' participation through Indian River County Emergency Services and Commission in having an ambulance placed at the Barber Street station on October 1; urged Council to stop its bickering; and recommended, for the listening public, that Council members learn how to use their microphones. Mr. Van Woeart was commended by Council members for his efforts. Jane Barczyk, 609 Caravan Terrace, Sebastian, requested that meeting minutes be copied and placed in the North County library; and requested a book be placed at Council meetings that listed a time line on major pending projects such as paving, drainage, fight-of-way mowing. The City Clerk said she would take care of the minutes and the City Manager said he would meet with the City Engineer to establish some sort of report, but that it would have to be refined over time. Nancy, Tarsitano, employee of Sembler's Marina, talked about problems with Bob Taylor, owner of Anglers Obsession air boats, specifically his violation of City and State regulations, and his abusive language toward her customers. The City Manager said Mr. Taylor is scheduled to go before Code Enforcement, however, recommended that he mav have to ask City Council to consider a court order in light of Mr. Taylor's refusal to comply. 2 City Council Public Forum July 29, 1998 Page Three Maria Moorehead, 1045 Persian Lane, Sebastian, reiterated Ms. Tarsitano's concerns about Mr. Taylor. Being no further input, Mayor Sullivan adjourned the forum at 8:00 p.m. Approved at the ,1998, Regular City Council Meeting. Ruth Sullivan Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk I City of Sebastian 1225 MAIN STFiEET o SEBASTIAN, FLORIDA ~2S5.8 TELEPHONE (E61) 589-5330 ~ FAX (E61) 5~9-EE70 SE~AS~N Cl~ CO~NC~ WO~SHOP MINUTES WEDNESDAY, AUGUST 5, 1998 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Sullivan called the Wor 'kshop to order at 7:00 p.m. The Pledge of Allegiance was recited. ROLL CALL City Council Present: Mayor Ruth Sullivan Vice Mayor Mar:ha Wininger Mrs. Louise Cartwright Mr. Chuck Neuberger Mr. Larry Paul 5[OffPresent: City Manager, Thomas Frame Acting City Attorney, Tim Williams City Clerk, Kathryn O'Halloran Growth Management Director, Tracy Hass DepuW City Clerk, Sally Maio City Council Workshop August 5, 1998 Page Two 4. WORKSHOP ITE~; 98.15o A. Begin Ke~iew of Proposed Land Development Code Revision (Dr~f~ Land Development Code Revision Previously Distributed) The City Manager gave a brief presentation on the timeframe for Council to adopt, by November 1, 1998, the Comprehensive Plan that was returned from Department of Community Affairs with recommended amendments, and then to adopt within one year from that date the revised Land Development regulations. He explained that, as a result of discussions with Les Solin, Solin and Associates, and meetings with staff, this clratt of the proposed Land Development Code may require amendment to meet certain criteria, and may not include certain Land Planning Agency recommendations or ordinances passed by Council last year. He recommended that the City Council utilize the services of Solin and Associates, Inc. to review the document, recommend on what approach to follow, and if Council agrees, to modify the document in accordance with their input and required criteria. He distributed a fax proposal from Mr. Solin received this afternoon. Following a lengthy discussion on the proper procedure to follow, and agreement that Mr. Solin meet with Council as a group rather than individually, it was the consensus of City Council to authorize . the City Manager to negotiate an agreement with Mr. Solin and bring it back to them at the August 12, 1998 regular meeting if possible. It was decided to review any additional LPA recommendations during the review of the proposed Land Development Code. The City Manager said it will be important to have an attorney present during these workshops. TAPE I - SIDE II (7:48 p.m.) The City Manager said he would meet with the Growth Management Director to itemize the LPA's reeommendatious, and that undistributed funds will be used to pay Mr. Solin. 5. Being no further business, Mayor Sullivan adjourned the Workshop at 7:55 p.m. Approved at the ,1998, Regular City Council Meeting. Ruth Sullivan Mayor Kathryn M. O'Halloran, CMC/AAE ~rk I I i I I I I I I I I I I I i I i I i I I I I i I I I I I i i I I I I I I City of Sebastian, Florida Subject: Anti-drug Abuse Act Funding Distribution Approved for Submittal by: Thomas W. Frame, City Manager Exhibits: · ProDosed Mayoral Approval for Distribution of Funds Expenditure Required: I Amotmt Budgeted: n/a I n/a Agenda No. q~'./~'/ Department Origin: City Manager Date Submitted: August 6, 1998 For Agenda of: August 12, 1998 Appropriation Required: n/a s~Y The attached letter to be signed by the Mayor of the City of Sebastian is required by the Indian River County Office of Management and Budget. The approval is required by Florida Administrative Code, Rule (B-61.003(4)(d). The matrix identifies how the County intends to distribute the funds. .RECO~NDED ACTION · Move to authorize the Mayor to sign the letter approving the distribution of $157,777 of Federal Fiscal Year 1998 Anti-Drag Abuse Act Funds. City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 o FAX (561) 589-5570 June 1, 1998 Mr. Clayton H. Wilder Community Program Administrator Bureau of Community Assistance Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Dear Mr. Wilder: In compliance with State of Florida Rule 9B-61. OO3(4)(d), F.A.C., the City of Sebastian.approves the distribution of $157,777 of Federal Fiscal Year 1998 Anti-Drag Abuse Act funds for the following projects with/n indian River County: Subgrantee (City or County) Indian River County Board of County Commissioners Indian River County Board of County Commissioners Indian River County Board of County Commissioners Title of Project IEC Adolescent Substance Abuse Counseling Program and Aftercare Program Multi-Agency Drug Enforce Unit (M.A.C.E.) Teens Acting Responsibly Global Education Troupe (T.A.R.G.E.T.) Dollar Amount (Federal Funds) $ 33,030.00 $ 68,250.00 $ 40,719.75 Indian River County Board of County Commissioners Sincerely, Substance Abuse Council of Indian River County $15,777.00 $157,776.75 Ruth Sullivan Mayor - City of Sebastian I I I I I I I I I I I I - I I i I I i I BOARD OF COUNTY COMMISSIONERS 1840 251h Street, Veto Beach, Florida 32960 Telephone: (561) 567-8000 May 27, 1998 Mr. Thomas W. Frame, City Manager City of Sebastian 1225 Main Street Sebastian, FL 32958 Dear Mr. Frame: Indian River County has been allocated $157,777 (the same amount as last year) from the Florida Department of Community Affairs for FY 1998/99 to fund local anti-drug abuse programs. Implementing agencies will provide the 25% matching reqUirement which will bring the total amount available to $210,369.00*. After soliciting for new grant proposals and evaluating the four (4) received, the Substance Abuse Advisory Council is recommending to the Board of County Commissioners that the following four (4) programs be funded: Progrmns to be Funded IRC Adolescent Substance Abuse Counseling Program and Aftercare Program** Multi-Agency Drug Enforce. Unit** (M.A.C.E.) Teens Acting Responsibly Global Education Troupe** . (T.A.R.G E T.) ISubstance Abuse Council of Indian River County** State Share Matching Implementing Agent, 75% 25% Total New Horizons IRC Sheriff Department $33,030.00 $11,010.00 $44,040.00 $68,250.00 $22,750.00 $91,000.00 Indian River County $40,719.75 I Indian River County $15,777.00 " I1,)1%1 "1'.'"."". " $ 13,573.25 $54,293.00 $5,259.0,) i $21,036.00~[ ',,', ....... ' ..,i ' ·, ",' I,}..!l,,'l * The M.A.C.E. Unit, T.A.R.G.E.T. and the Substance Abuse Council receive their match from Indian River Counw Board of Coun~, Cominission funds since they are agencies of the County. New Horizons makes thc entire match themselves ** Indicates a continuation froln tile previous fiscal year May 27, 1998 Pag~ 2 of 2 One of the grant's requirements is that a letter of approval from each of the County's municipalities be submitted with the grant application. Please submit to me by mail or fax before Tuesday, June 9, 1998, a letter of approval for the County's FY 1998/99 anti-drug grant programs. Attached is the format to follow in preparing your letter of approval for the City of Sebastian. If you have any questions or concerns regarding this request, please contact me by telephone 567-8000, Ext. 214 or by fax at 778-9391. Sincerely, /flos_ePh A. Baird ' {/,Office of Management and Budget, Director Indian River County Attachment May 27, 1998 Mr. Clayton H. Wilder Community Program Administrator Bureau of Community Assistance Department of Community Affairs 2555 Shumard Oak Boulevard Tailahassee, FL 32399-2100 Dear Mr. Wilder: In compliance with State of Florida Rule 9B-61. OO3(4)(d), F.'A.C., the City of Sebastian approves the distribution of$157,777 of Federal Fiscal Year 1998 Anti-Drug Abuse Act funds for the following projects within Indian River County: Indian Board indian Board Indian Board Indian Board Subgrantee (City or County River County of County Commissioners River County of County Commissioners P-fiver County of County Commissioners River County of County Commissioners Title of Project IRC Adolescent Substance Abuse Counseling Program and Aftercare Program Multi-Agency Drug Enforce. Unit (lVI.A.C.E.) Teens Acting Responsibly Global Education Troupe (T.A.R.G.E.T.) Substance Abuse Council of Indian River County Dollar Amount (Federal Funds) $33,030.00 $68,250.00 $40,719.75 $15,777.00 ,% 15-."6.'.~ Sincerely, Thomas W. Frame City Manager - City of Sebastian I I City of Sebastian 1225 Main $[ree[ Sebaafian~ Florida 3295& Telephone (561) 559-5350 FAX (~$1) S$9-3~70 I I I I I Subject: Request for use of Rivcrview Park Approved for Submittal by: City Manager Exhibits: Letter dated July 17, 1998 Expenditure Required: Agenda No. Department Origin: City Clerk Date Submitted: 7/23/1998 ,-For Agenda of: 8/12/1998 Amount Budgeted: [ . Appropriation Required: SUMMARY STAT~M£NT I I The Pelican Island Preservation Society is requesting permission from the City Council to use Riverview Park Sunday, March 14, 1999 from 10:00 A.M. to 4:00 P.M., for observing the 96th Anniversary of Pelican Island. They will also require the use of electricity. i I I Unless otherwise stipulated by City Council, the following are established rules for use of Riverview Park. 1. $100.00 Security Deposit 2. No vehicles in the park 3. Applicant to provide sufficient waste receptacles and clean up after event 4. No alcoholic beverages are permitted in the park 5. All displays must be clear of the sidewalks and entrance ways 6. All goods for sale must be handmade by members of the organization 7. Applicant must contact and receive approval from the Health Department regarding sale of food I I I RECOMMENDED ACTION Approve the request with the use of electrici .ty and standard conditions or whatever rules are in effect at time of event. ! Pelican Island ! Preservation Society, Inc. ! President Walt Sfiegli~ 561/663-9750 Mr. Tom Frame, City Manager Vice President City of Sebastian IlkaDaniel 1225 Main Street 561 / 589-8973 Sebastian, FL 32958 Secretary Dear Mr. Frame: Ruth Davies 561/589-3687 Pelican Island Preservation Society (PIPS) would like to reserve the use of Riverview Park for Sunday, March 14, 1.999 Treasurer for the purpose of observing the 96th anniversary of Pelican PatPdchter Island between the hours of 10 am and 4 pm. We understand' 561/388-5563 this request must be approved by the City Council and your office will advise when this will be on the agenda. Past President ' ToddKlitenic As usual, the anniversary event will include exhibits by area $61/589-5255 nonprofits, live animal exhibits, programs and exhibits by wildlife refuges throughout Florida, arts and crafts vendors, Board Members food vendors, photography exhibit, special children' s programs David Cox - AnnePutman The attendance at the 95th anniversary event this past March PegRondeau was estimated to be between 2,000 and 2,500 during the course LynnStieglitz of the day. We anticipate attendance for the 96th anniversary Ex0fficio will be similar. There is no admission or parking fee. PaulTritaik Enclosed is a copy of PIPS' liability insurance policy showing limits of coverage. For the 95th anniversary this past March, PIPS purchased (1) day event supplemental insurance. We shall purchase supplemental insurance coverage for the 96th event. We greatly appreciate the cooperation of the City of Sebastian in allowing us to hold this annual event in the city's park. We look forward to working with the city for the 96th anniversary of Pelican ?~land NWR. F~el free to give me a call at 589-3687 if further information is needed. Ruth Davies, Secretary \ PELICAN ISLAND PRESERVATION SOCIETY (PIPS) P.O. Box1?03 · Sebas6m Fi, 32978 COMMERCIAL LIABILITY COVERAGE PART DECLARATIONS PAGE CG i-LAST NAMED INSURED: PELICAN ISLAND PRESERVATION POLICY NUMBER: 01-CD-715289-4 FORM OF BUSINESS: ORGANIZATION OTHER THAN A PARTNERSHIP OR JOINT VENTURE LIMITS OF INSURANCE COMMERCIAL GENERAL LIABILITY GENERAL AGGREGATE LIMIT (OTHER THJaN PRODUCTS-COMPLETED OPERATIONS) $ 300,000 PRODUCTS-COMPLETED OPERATIONS AGGREGATE LIMIT $ 300,000 PERSONAL AND ADVERTISING INJURY LIMIT $ 100,000 EACH OCCURRENCE LIMIT $ 100,000 FIRE DAMAGE LIMIT (ANY ONE FIRE) $ 100,000 MEDICAL EXPENSE LIMIT (ANY ONE PERSON) $ 5,000 LOCATION OE ALL PREMISES YOU OWN. RENT. OR Q~(~UPY: I. 541FRINK AVE SEBASTIAN,FL 32958 CODE I CLASSIFICATION-PREMIUM BASIS I EXPOSURE RATE I PREMIUM COMMERCIAL GENERAL LIABILITY OTHER THA2q PRODUCTS-COMPLETED OPERATIONS ** LOCATION # 1 ** 41670 CLUBS - CIVIC, SERVICE OR SOCIAL - NO BUILDINGS OR PREMISES OWNED OR LEASED EXCEPT FOR OFFICE PURPOSES - NOT-FOR- PROFIT ONLY PRODUCTS-COMPLETED OPERATIONS ARE SUBJECT TO THE GENERAL AGGREGATE LIMIT (PER MEMBER) TO MEET COVERAGE MINIMUM 44444 WAIVER OF TRANSFER RIGHTS OF RECOVERY (ENDORSEMENT CHARGE) PRE~}UM ADJUST~NT_S: FLORIDA POLICY FEE COMMERCIAL LIABILITY TOTAL 50 1.2930 $ 65.00 105.00 1 17.00 $ 3.74 $ 190,74 THE FOLLOWING FORMS CURRENTLY APPLY TO THIS COVERAGE PART: CG2011, CG2404, IL0017 IL0021 CG0001 CG0220 CG2002 IL7201 6-3342 6-3t01 CG0054 CG0055' [0196) 1093) .1194) ,0196) ,079l) ,1185) ~0392) ~0196) >0397) ,0397) - CG-ADDITI0,.AL INSURED MANA - WAIVER OF TRANSFER OF RIGHTS OF RECOVERY - COMMON POLICY CONDITIONS - NUCLEAR ENERGY LIABILITY ENDTS - COMMERCIAL GENERAL LIABILITY COVERAGE - FLORIDA CHANGES - ADDITIONAL INSURED--CLUB MEMBERS - COMPANY COMMON POL CONDITIONS - NOTICE TO POLICYHOLDERS - CUSTOMER BILLING CONVERSION - .~MENDMENT OF POLL. EXCL. - AMND. OF OTHER INS. CONDITIONS 9-CC (CG) (0787) FLORIDA (91079) PREPARED 09-29-97 OiD40 SE~ City of Sebastian 1225 Main Street Sebastian, Florida 32958 Telephone (561) 589-5530 FAX (561) I~89-~570 Subject: Request for Rental of Community Center Approved for Submittal by: City Manager Department Origin: City Clerk ',~ Exhibits: Application dated August 4, 1998 Expenditure Required: Amount Budgeted: Date Submitted: 8/4/1998 ForAgenda off 8/12/1998 Appropriation Required: SUMMAI~_Y ~rATt~M£NT An application has been received from Maria A. Gomez for use of the Community Center on Saturday, August 22, 1998 from 2:00 P.M. to i0:00 P.M. for a wedding and reception. She is also requesting approval for the use of alcoholic beverages at the event. The security deposit has been paid and age has been verified. R£COMMENDI~D ACTION Approve the request for use of the Community Center with alcoholic beverages permitted. CITY OF SEBASTIAN RENTAL PERMIT AF?LICA TION NAME OF PERMITTEE: O/'xo,¢ icx ADDRESS OF PERMITYEE: ~.(o. 5 COMMUNITY CENTER { }YACHT CLUB . NAME OF ORGANIZATION OR GROUP IF APPLICABLE: t_L) REASON FOR RENTAL: L.~_~_d¢.l ~ APPROXIMATE # OF PERSONS ATIZNDING EVENT: }~o ~//z. /q~ dd:o~ ?~ ,,~-oo REQUESTED DATE: ~ ff miME: FROM~o~. TO PLEASE ANSWER YES OR NO: 1. ARE KITCHEN FACILITIES REQUIRED? 2. ARE YOU A RESIDENT OF SEBASTIAN?'/6 WILL DECORATIONS BE PUT U~ ~'z~/ WILL THERE BE AN ADMISSION ORDOOR CHARGE? WILL ALCOHOLIC BEVERAGES BE SERVED? ~<.4 ', (a) IF ANSWER TO #S IS I,Z'~ FERMITTEE'S PROOF OF AGE: (B) IF ALCOHOL IS TO BE SERVED, PERMISSION IS REQUIRED BY'~IT~ COUNCIL. ¥ou nc2u s sg cou ci ON: z, ,tg.t,.?o ~ I SECURITY DEPOSIT $ oe3'~, a 0 MAKE CHECKS PAYABLE TO: CITY OFSL~A,SVIAN ~A SERVICE FEE OF $~ OR $20.00 (WHICH IS GREA T~R) MA Y BE CHARGED _FOR A DISHONORED CHECK ['ER FLORIL)A STA TI; STA TU~ l aa. Z;S L ' OFFICE USE ONLY SECURITY DEPOSIT PAID ON: CASH CHECK INrHALS RENTAL FEE PAID ON: DATE CASH CHECK INITIALS ALCOHOL BEVERAGE REQUEST AT THE COUNCIL MEETING ON APPROVED/DENIED KEY PICKUP DATE: KEY RETURNED: SECURITY DEPOSIT RETURNED BY CITY CHECK #: FOR $ COMME~S: ON: City of Sebastian 122`5 Main Street Sebastian, Hofida 329`55 Telephone (`561) 389-,5330 Subject: Code Enforcement Board Approved for Submittal by: City Manager Exhibits: Resignation Letter Agenda No. Department Origin: City Clerk Date Submitted: 7/28/98 For Agenda of: 8/12/98 Expenditure Required: Amount Budgeted: Appropriation Required: N/A N/A N/A SUMMARY STATEMENT Joseph Generazio, Chairman of the Code Enforcement Board, has submitted a letter of resignation dated July 23, 1998. RECOMMENDED ACTLON Accept resignation of Joseph Generazio from the Code Enforcement Board I July 23, 1998 City Of Sebastian Code Enforcement Board To Whom It May Concern: It is with great sorrow that I must tender my resignation from the Code Enforcement Board, both asCha/rman and as a member. My business has become so involved at this time that i must give it more attention. With all the positions on the board full at this t/me, I'm hoping that this w/ll not be a great inconvenience for the board. I would like to take this oppommity to say it was a pleasure working with everyone involved. Respectfu~ours,, ,Joseph Generazio k_/' CHAm.MAN I I I i i I i I I, i City of Sebastian 1225 Main Street Sebastian, Florida $2955 Telephone (561) 589-5330 FAX (561) 589-5570 Subject: Recreation Advisory Committee Agenda No. ~00' 0t3 7 Approved for Submittal by: City Manager Exhibitq: Resignation Letter Department Origin: City Clerk Date Submitted: 7/28/98 For Agenda of.' 8/12/98 ExpenditureN/ARequired: ] AmountN/A Budgeted: I Appropriation N/A Required: SU~4P/IARY STATEMENT David F. Nisbet, Altemate member on the Recreation Advisory Committee, has submitted a letter of resignation dated July 16, 1998, effective immediately. RECOMMENDED 6CTION Accept resignation of David F. Nisbet from the Recreation Advisory Committee July 15, 1998 Mr. Thomas Fr~e-City Manager: Becemt changes in my personal life prompt me to submit my resi~?~tion from the Recreational Board. F~f'fective immediately. Yours truly / - / i City of Sebastian, Florida Subject: Refund Request by Richard Fey for Site Plan Application Fee Approved for Submittal by: Thomas W. Frame, City Manager Exhibits: ,, Letter from Richard Fey dated June 6, 1998 Expenditure Required: I Amount Budgeted: n/a I n/a Agenda No. Department Origin: City Manager Date Submitted: August 6, 1998 For Agenda of: August 12, 1998 IAppropriation Required: n/a SUMMARY This matter was continued from the July 22, 1998, City Council Meeting to determine if there was a cover letter sent with the fax dated July 22, 1996, and attempt to obtain information from Mr. Robert Massarelli. I I I I I No cover letter could be detected within the Community Development Director's computer. Contact was made with the former Community Development Director and he did not recall a call from Mr. Fey requesting the site plan to be postponed. RECO1VhM]gNDED ACTION Since no evidence exists to prove or disprove the issue of whether a request was made for the project to be postponed, Council must decide what action to take. A significant amount of work was performed prior to the actual filing of the application due to the results of court action. Council may want to consider one of three options: 1. Full refund; 2. Partial refund; 3. No refund. I I i 1 I L.I. Tree Service, Inc. P.O. aox 09,15 Roseland, FI. 32958 (561 )589-~660 FAX (561)589-3143 6125/98 City Of Sebastian Thomas Frame-City Manager 1225 Main St. Sebastian, Ft. 32958 RE: Refund for mulching site plan application Dear Mr. Frame, This is in reponse to your June 15, 1998 letter. Please be advised that just after Bruce Cooper submitted the site plan application & check ~r/774 issued on 7112196 in the amount of $750.00,'1 had a potential buyer for the Old Dixie property. . · I called Mr. Masserelli within a day or two, to ask him postpone all proceedings related to the site plan application. I told him that I would' have Mr. Cooper contact him if I decided to proceed with the application. He agreed to hold the money in escrow, and if I did withdraw the application, I could have a full refund. He even commented that it would be nice for the city not to have a mulching facility in their backyard, if I did choose to withdraw. '. I received a fax on July 22, 1996. I questioned why he continued with research after my request to postpone. I did choose not to proceed with the facility and requested that the application fee be refunded. Mr. Masserelli expressed that he would get to it as soon as possible. I have been attempting to have the matter resolved f,~r almost 2 years. Mr. Masserelli has resigned and my fee has not been refunded. I have always felt that Mr. Masserellis intentions with any of my business dealings 'were always negative. I was always told to wait in order ,'or any action to be taken in any matters that involved Mr. Masserelli and the city. I am sure that you will handle this matter accordingly. Thank You, Richard Fey, Pres. City of Sebastian [] 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407)589-5330 [] FAX (407) 58%5570 SUBJECT: Paving Loan AGENDA TRANSMITTAL Agenda No. Dept. Origin: Finance Finance Directo~ Date Submitted: 08/05/98' Approved For Submittal By For Agenda of: 08/12/98 ~Exhibits: City Manager ~. ' Sunuuary of Bid Information, Bond Counsel Quote EXPENDITURE AMOUNT REQUIRED: $7,500 BUDGETED: $142,500 APPROPRIAT I ON REQUIRED: $ 0 SUMMARY STATEMENT The City received bids from three lending institutions for the Paving Loan included in the Capital Improvement Budget, with current year amounts included in the Operating Budget. SunTrust responded with the lowest current rate of 4.47%, which results in a loan of $3,253,404, with $7,500 (plus estimated expenses of $500) of bond counsel costs. By using the same Bond Counsel as the lending institution, The bond counsel fees for representing the City are minimized. The Bcn~ Ccunse! should begin preparing the documents immediate!y, so the final documents can be presented to Council on August 26=h, 1998. RECOMMENDED ACTION Move to approve the SunTrus~ bii, and authorize the Ci%v Manacer to waive bid procedures and contract with Bend Counsel fsr the specified amount to prepare The documents. PAVING LOAN BIDS First National Bank of the Treasure Coast Rate: 4.89% Loan Amount: $3,162,691.56 Bond Counsel: $2,000 for Bank's Counsel, $6,500 to Prepare and Review Documents, additional $7,900 Bank Fee. First Union Rate: 4.49% Bond Counsel: Loan Amount: $3,249,000 (as computed by Sebastian Finance Director) No response as to Bank's counsel fees. SunTrust Rate: 4.47% Loan Amount: $3,253,404 Bond Counsel: $2,500 plus expenses for Bank's counsel only. Stated that "If the borrower chooses, the Bank's counsel may also act as Bond Counsel for an additional fee as determined by counsel which may save the Borrower some money." Quote for total counsel costs by Bank's Counsel of $7,500. Tae law O~c~ of KATZ K0 S RAYM0 i~:08PM POST O~ICt BOx 38~ (ZIP 33402-$888) 625 NORTH 3'LAGLgR DltlvL 9TH FLOOR WEST I~AL.'~ BEACH, ltLOItlDA 35401-4025 'l'z~z~,so~z (561) 659-7S00 (561) 65~1789 (5~1) P.E/£ Firm~ce Dkector City of Sebastian 1225 ~ Street Scbam3mn, FL 32958 Re: Gas Tax Revenue Bond Dear J'anet: August 6, 1998 As we have ctiscussed, this firm is prepared to represent Suntrust Bank ia connection with irs purchase of the City's Gas Tax Revenue BoM ia the approximate amount of $3,400,000. We will prepare all clocume~ necesa~ for the financing and will ultimately reader t~ the Ciry'and the BarS: our unq~ed opinion as ~o the validity and tax-exempt stares of the Bond. Although our client will be the Bank, we will be providing all services custoraarily provided by bond coumel, including a~readaace at such staff'meetings and meetings of the City Council as shal~ be necessary. We understand thc City Cotmdl meets August 26 and we forese~ ao problem in being prepared to close thc financing shortly thereaf~. Our fee for representing the Bank w/il be 57,500 plus om-of-pocket cxpea~cz such as photocopy/rig, federal express and long 6istan~ tclcphone (wh/ch we estimate will be approx/mamly $500). As we have discussed, I ~ need ;o obtain certain materials from the City and I w/il be contacting you in that regard shortly. MER/ams cc: L~slie Downs Very ~ruly yours, Mark E. Raymond i I I i I I i I i i i I I I I I I I I City, of Sebastian, Subject: Purchase of mower for Golf Course.. Approved for Submittal by: City Manager Exhibits: Budget page. Florida .Agenda No. Department Origin: City Manger Asst. to City ,gfgr./Purchasin= ~)ate Submitted: July 28, 1998 For Agenda off August 12, 1998 EX?ENDITURE REQUIRED: $15,181.32 AMOUNT BUDGETED: $15,000 APPROPRiATION REQUIRED: -0- SUMMARY The Golf Course has a 1993 Toro Greensmaster which is worn out and needs replacing. The replacement will be a new Toro Greensmaster purchased from Hector Turf, Deerfield Beach, Fl., at. GSA Contract pricing. The mower is used for mowing grass at the Ci~ Golf Course and is versatile because it utilizes interchangeable heads for cutting the ~eens, fairway, and rough. The $1.81.32 shortfall in budgeted funds will be made up with the savings the City realized on the Cushman Truckster purchase some time ago. RECOMMENDED ACTION Move to approve the purchase of a new Toro Greensmaster from Hector Turf as stated above. 401 GOLF COURSE FUND EXPENDITURES_ GC-GREENS MAINTENANCE ACCOUNT f DESCRIPTION FUNDi DEPTI ACCTI OBd I 401 I 41 I 572J 520 lOPE[RATING SUPPLIES JUSTIFICATION: FY95/96 ACTUAL $7,528 521 Small Tools/EquipmentJFumiture lF'~96/97 MYR~ FY97/98 ~ ACTUAL J. BUDGE'~ REQUES-T RECOMMEN0 30-Apr-97 I $8,270 I $s,005 I $5,005 f 54,167 $1,750 523 525 529' Cleaning Supplies Sand Groundskeeping: Gravel - Coquina Rock Miscellaneous , ACCOUNT DESCRIPTION I FY95/96 FUND[DEFTj ACCT~ OBi ACTUAL 401 [ 41 j 572 ~ 620-BUILDINGS & ATTACHMEN'~ $0 JUSTIFICATION: Extension on Cover for Maint. Equipment 1 .FY96/97 MYR. oJ..uo E1 $1,200 $,320 $335 $1,400 FY97/98 ACTUAL REQUES"T RECOMMEN£ 30~Apr-g7 $6,000 _[ $6,000 - $0 $6,000 UJ ACCOUNT t DESCRIPTiON FY95196 FUNDt DEFTIACCTI OBJ ACTUAL 401 I 41 I 572 [ 640 IEQUIPMENT 'l $49,357 .JUSTIFICATION: Cushman Truckster Greensmower FY96/97 MYR' FY97/98 ACTUAL ADJ. BUDGE'] REQUEST RECOMMENI' 30-Apr-97 $25,160 $25,000 t $25,000 '' $8,258 $10,000 $15,000 City of Sebastian, Florida Subject: SJRWMD Contract 97W278 Amendment (Main St. Baffle Box) Approved for Submittal by: Thomas Frame, City Manager Agenda No. q~./~ Department Origin: Public Works M.artha Campbell, Acting Director Date Submitted: 7/24/98 For Agenda of: 8/12/98 Exhibits: First Amendment to Agreement .... Main Street Baffle Box EXJPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: N/A $ REQUIRED: N/A SUMMARY This transmittal is to request Council's approval to extend the contract with St. Johns Pdver Water Management District for the construction of the Main Street Baffle Box. The contract expired in July 1998, however, with the knowledge that both the District and the City had intended to extend the schedule. This project is part of the EPA 319 Grant program for Best Management Practices. The design of the baffle box is complete and the bidding documents are soon to be released for solicitation. The amended contract will extend the deadline to January 9, 1999. ! I RECOM~iENDED ACTION Move to approve amendment to Contract #97W278 with SJRWMD Janua~ 9, 1999. extending contract to i i ! ! Contract ~<)7W278 FIRST AME_NDMENT TO THE AGREEMENT BETWEEN THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT AND THE CITY OF SEBASTIAN FOR THE MAIN STREET BAFFLE BOX AND FILTRATION SYSTEM THIS AMENDMENT is entered into this ~ day of ,1998, by and between the GOVERNING BOARD of the ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, whose mailing address is Post Office Box 1429, Palatlm, Florida 32178-1429 ("DISTRICT"), and CITY OF SEBASTIAN ("CITY"), whose address is 1225 South Main Street, Sebastian, Florida 32958. WHEREAS, DISTRICT and CITY entered into an Agreement on July 9, 1997, to design, build a_rd install a sediment trap baffle box and filtration system at the eastern end of Main Street within the historical center of Old City. WHE~, DISTRICT and CITY desire to modify the Agretmle~ NOW, THEREFORE, in consideration of the mutual covenams contained herein and for other good and valuable consideration, DISTRICT and CITY hereby agree to the following amendmem: 1. ARTICLE H - SCHEDULE OF WORK AND EFFECTIVE DATE: add ParagraphC as follows: "B. Amendment gl: CITY will be required to prosecute the Work diligently, and to complete the entire Work for use by not later than January 9, 1999, unless the ~at~. is extended by mutual agreement of the parties hereto. (Original completion date established u ~nder Paragraph B was July 9, 1998)." DISTRICT and CITY agree that all other terms and conditions of the ori~,~ Agreement are hereby ratified and continue in full force and effect IN WITNESS WHEREOF, the parties hereto have duly executed this Arnendmem on the date set ft ,~ above. ST. JOHNS RIVER WATER MANAGEMENT DISTRICT CITY OF SEBASTIAN By: By: Henry Dean, Executive Director Typed Name and ?:,tie Attest: Typed Name and Title APPROVED BY THE OFFICE OF GENERAL COUNSEL John W. Williams. Deputy General Counsel St. Johns River Water Management District i City of Sebastian, Florida Subject: Department of Environmental Agenda No. / 7 Protection for Stormwater Improvements, Contract # WM708 Department Origin: Public Works Martha Campbell, Acting Director Approved for Submittal by: Thomas Frame, City Manager Exhibits: Contract No. WMT08 EXPENDITURE AMOUNT BUDGETED: REQUIRED: SUMMARY Date Submitted: For Agenda of: 7/22/98 8/12/98 IAPPROPRIATION REQUIRED: N/A The long awaited contract with' the Department of Environmental Protection (DEP) has finally been settled and is attached for the Council's approval. The scope of this contract will be for the relocation of Elkam Dam, installation of best management practices for stormwater at Main St. culvert outfall, Stonecrop, and Lower Joyhaven basins. Additionally, the contract provides for water quality monitoring, water quality modeling, and education and public outreach campaign. The City, as the contractor, will be obligated to implement these programs at a contract cost of $915,400 with $530,000 being provided by EPA 319 funds. In addition to EPA grant funds, the City has a subcontract with St. Johns River Water Management District for $100,000 that will go toward these projects. Brevard Teaching and Research (BTR) Labs has committed $9,200 of in- kind services for a total of $ 639,200 grant sources. The final cost to the City will be $276,200. The City's proposed FY99 capital program reflects the funding sources and expenditures budgeted for these projects. :. RE COMMENDED ,4,.CTION Move to approve Contract No. WM708 with the Department of Environmental Protection and authorize the City Manage to execute said contract. DEP CONTRACT NO. WM708 FLORIDA DEPARTMENT OF ENVIRONMEN'TAL PROTECTION AGREEMENT FOR IMPLEMENTATION, ASSESSMENT, PUBLIC EDUCATION, AND TECHNOLOGY TRANSFER OF BEST STORMWATER MANAGEMENT PRACTICES IN' THE SEBASTIAN RIVER WATERSHED This Agreement is made and entered into betxveen the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, hereinafter referred to as the DEP, and the CITY OF SEBASTD'~N. whose address is 1225 Main Street, Sebastian, Florida 32958, a municipal government, hereinafter referred to as the CONTRACTOR. WITNESSETH: WHEREAS, the DEP has received Section 319 grant funds (CFDA 66.460) from the U.S. Environmental Protection Agency (EPA) for water quality nonpoint source implementation; and, WHEREAS, the DEP wishes to use funds fi.om the above grant program tbr implementation, assessment, public education, and technology transfer of best storrnwater management practices in the Sebastian River watershed; and, WHEREAS, the CONTRACTOR has agreed to provide the services necessary to complete the project as planned. NOW, THEREFORE, in consideration of the premises and the mutual covenants herein contained, and for other good ahd valuable consideration, the DEP agrees to employ the CONTRACTOR and the CONTRACTOR agrees to perform all work described herein, or hereinafter authorized, upon the terms and conditions stated. SECTION I - SCOPE OF THE PROJECT A. General Provisions The CONTRACTOR shall perform the services and specific responsibilities as set fbrth in Attachment A, entitled "Scope of Services", attached hereto and made a part hereof. B. General Responsibilities of the CONTRACTOR. The CONT1L&CTOR agrees to perform all ~vork under this Agreement in accordance ~vith this Agreement's designs, drawings and specifications. The CONTtL-XCTOR guarantees for a period of at least one year ti-om the date of substantial completion of the work that the completed work is tkee from ail defects due to faulty mater/als, equipment or workmanship and that he shall promptly make whatever adjustments or corrections which may be necessary, to cure such defects, including repairs of any damage to other parrs of the system resulting t¥om such defects. The DEP shall promptly give notice to the CONTRACTOR of observed defects. In the event that the CONTIL-XCTOR tails to make adjustments, repairs, corrections or other work made necessary bv such defects, the DEP may do so and charge the CONTRACTOR the cost DEP Conrrac: No. WM-0S. Paue [ or' t- incurred. The performance bond shall remain in full force and effect through the guarantee period. The DEP's or EPA's approval of drawings, designs, specifications, reports and incidental work or materials furnished hereunder shall not in any way relieve the CONrlTC&CTOR of responsibility for the technical adequacy of its work. Neither the DEP's nor EPA's revie~v, approval, acceptance or payment for any of the services shall be construed as a waiver of any rights under this Agreement or of any cause for action arising out of the performance of this Agreement. The CONTRACTOR shall be, and shall remain, liable in accordance with applicable law for all damages to the DEP or EPA caused by the CONTRACTOR's negligent performance, of any of the services furnished under this Agreement, except for errors, omissions or other deficiencies to the extent attributable to the DEP, DEP-furnished data or any third party. The CONTRACTOR shall not be responsible for any time delays in the project caused by circumstances beyond the CONTRACTOR's control. The CONTRACTOR's obligations under this clause are in addition to the CONTRACTOR's other express or implied assurances under this Agreement or State law and in no way diminish any other rights that the DEP may have against the CONTRACTOR for faulty materials, equipment, or work. When issuing statements, press releases, requests for proposals, bid' solicitations, or other documents related to this project, the CONTRACTOR shall clearly state in each document: (1) the percentage of the cost of the project supported by EPA funding, and (2) the dollar amount of the E?A's support of the project. The CONTRACTOR agrees to ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with The Hotel and Motel Fire Safety Act of 1990. Quality Assurance Plan Upon Agreement execution, all parties involved w/th sampling and or analysis activities, including the CONTRACTOR and any designated subcontractors, shall submit Comprehensive Quality Assurance Plans (CompQAP) and one Quality Assurance Project Plan (QAPP) for the purpose of approval by the DEP's QA Section. The CompQAP(s) shall be prepared in accordance with the document entitled "DEP Manual for Preparing Quality Assurance Plans, DEP-QA-001/90" (September 1992). The QAPP s' all be prepared in accordance with Section 5 of the same document and shall be submitted on DEP Form 62- 160.900(1). The QAPP shall be submitted through the DEP Project Manager to the Quality Assurance (QA) Section. CompQAPs and/or amendments to the CompQAPs shall be submitted directly to the QA Section for review. Failure to submit the required QA Plans within one month of Agreement execution shall result in suspension of the Agreement until the documents have been submitted to the DEP QA Section. The QAPP shall not be reviewed until the CompQAP has been given approval or "approval pending" status by the QA Section. DEP Contract No. WM70$. Page 2 of i7 10. The CONTRACTOR and affected subcontractors have three (3) opportunities to submit their QA Plan documents to the DEP QA Section ibr approval. If any Plan tails the approval process three (3) times, the DEP may terminate the Agreement in its entirety. The CONTRACTOR shall adhere to the data validation requirements tbr laboratory, analysis contained in Attachment B, attached hereto and made a part hereof. Failure to provide acceptable QA Plans as required will result in suspension or termination of this Agreement. If the CONTRACTOR and/or affected subcontractors have approved CompQAPs on file with the DEP QA Section, which contain all the information outlined in DEP-QA-001/90 and ~vhich address all sampling and analysis capabilities to perform the Agreement work, then only the QAPP shall be required under the terms of the preceding paragraphs. If the CONTRACTOR and/or affected subcontractors have approved CompQAPs which do not contain the technical detail outlined in DEP-QA-001/90, or do not address the sampling and analysis requirements of this Agreement, amendments to the CompQAP shall be submitted with the QAPP. All documents shall be subject to the terms of paragraphs 1 and 2 above. The CompQAPs of all affected parties shall maintain approval status for the duration of this Agreement by submitting the requisite documentation or amendments for annual renewal. Failure to provide 0r maintain an acceptable QA Plan will result in suspension or termination of this Agreement. The DEP contract number shall appear on the title page of the submitted QAPP. A cover letter that specifically states the DEP contract number shall accompany any CompQAP(s) or applicable CompQAP amendments. Within forty-five (45) days of receipt of properly identified documents by the DEP QA Section, the QA Section shall review and either approve the CompQAP(s) and QAPP, or provide comments to the CONTRACTOR and affected subcontractors as to why the Plan(s) are not approved. If further revisions are needed, the CONTRACTOR shall then have fifteen (15) days from the receipt of such comments to respond. The QA Section shall respond to all revisions within thirty (30) days of receipt in the QA Section. If QA Plan rev/ew is delayed, through no fault of the CONTRACTOR, beyond sixty (60) days after the Plan is received by the QA Section, the CONTRACTOR shall have the option, after the Plan is approved, of requesting and receiving an extension in the term of the Agreement for a time period not to exceed the period that QA review was delayed. This option must be exercised at least sixty (60) days prior to the current termination date of the Agreement. Sampling and analysis may not begin until the QAPP has been given approval or "approval pending" status. However, even if approval pending status has been given, failure to obtain full approval within the time t?ames specified by the DEP will result in suspension or termination of this Agreement. Once approved, the CONTRACTOR shall tbllow the protocols specified in the approved QAPP and associated CompQAP(s) including, but not limited m: Ensuring that all stated quality control measures are collected, analyzed and evaluated acceptability: DEP Contract No. \VMTOS. ?age 3 of I7 b. Using only the protocols approved in the QAPP; and c. Using only the equipment approved in the QAPP. 11. If any changes as outlined in Rule 62-160.220(6)(d) occur, the CONTRACTOR shall submit appropriate amendments through the Project Manager to the QA Section. Such amendments are subject to Rule 62-160.220(6)(d) requirements and the same conditions as the original submittal (see 3, 7, and 8 above). Failure to submit the required amendments or to meet any of the above-stated conditions may result in the decision by the Project Manager to suspend or terminate the Agreement. 12. All sampling and analyses performed under this Agreement must conform to the requirements set forth in Chapter 62-160, Florida Administrative Code (I:.A.C.). SECTION II - SCHEDULE OF WORK This Agreement is effective on the date of execution and shall remain in effect for a period of forty (40) months, by which date all requirements shall have been completed. SECTION III - REPORTS REOUIRED A. Use of Recycled Paper The CONTRACTOR agrees to use recycled paper for all reports which are prepared as a pan of this Agreement. This requirement does not apply to reports which are prepared on forms supplied by EPA. This requirement applies even when the cost of recycled paper is higher than that of virgin paper. B. Progress Repons The CONTRACTOR shall submit quarterly progress reports indicating work performed during the report period, work scheduled for the next report period, problems encountered, and planned solutions. C. Final Report A draft comprehensive final report must be submitted no later than thirty (30) days prior to the completion date of the Agreement. Five (5) copies of the comprehensive final report must be submitted no later than the completio'~. date of the Agreement. The CONTRACTOR's final report shall include a summary, oy cost category, of all project expenses, and a separate summary of all matching funds contributed on behalf of the CONT1LhCTOR, if applicable. The CONTRACTOR's final report shall also include the following statement (Note: insert actual dollar costs in appropriate blank spaces): "This project and the preparation of this report (or booklet, pamphlet, etc. as appropriate) xvas funded in part by a Section 319 Nonpoint Source Management Program grant from the U. S. Environmental Protection Agency (US EPA) through a contract with the Stonnwater/Nonpoint Source Management Section of the Florida Department of Environmental Protection. The total cost of the project was $ (show actual amount) o£ which $ (show actual amountl . or '(show actual r~ercent5 '% xvas provided by the US EPA." DEP Contract No. W, 1705. Paze 4 of !' The CONTRACTOR. agn-ees to provide a copy of any draft report an&'or final report to the DEP before making, or allowing to be made, a press release, publication, or other public announcement of the project's outcome. This shall not be construed to be a limitation upon the operation and applicability of Chapter 119, Florida Statutes. SECTION IV - COMPENSATION For satisfactory performance, the DEP agrees to compensate the CONTIL&CTOR on a cost reimbursement basis in the amount of $530,000. The CONTRACTOR shall be responsible for providing a minimum of $385.400 in non-federal matching contributions toward completion of this project. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature and continuation of other funding presently anticipated, without liability for anticipated profits for unfinished work. SECTION V - PAYMENTS The CONTRACTOR shall submit invoices to' the DEP on a quarterly basis, accompanied by the required progress reports. A final invoice must be submitted to the DEP no later than thirty (30) days following the completion date of the Agreement, to assure the availability of funds for payment. Bo The State Comptroller requires detailed supporting documentation of all costs under a cost reimbursement agreement. In accordance w/th the Comptroller Contract Payment Requirements, (attached hereto and made a part hereof as Attachment C), the CONTRACTOR shall comply with the minimum requirements set forth therein, invoices shall be accompanied by supporting documentation and other requirements as follows: SalariesFqCa~es - The CONTRACTOR shall not be reimbursed for direct salaries or multipliers (i.e., fringe benefits, overhead, and/or general and administrative rates) for CONTRACTOR' s employees. Contractual (Subcontractors) - Reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from the CONTRACTOR. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours/time spent on the project. All multipliers used (i.e. fringe benefits, overhead, and/or general and administrative rates) shall be supported by audit. If the DEP determines that multipliers charged by any subcontractor exceeded the rates supported by audit, the CONTR,-oTTOR shall be required to reimburse such funds to the DEP within thirty (30) days of written notification. Interest on the excessive charges shall be calculated based on the prevailing rate used by the State Board of Administration. Invoices for reimbursement of fixed price subcontracts approved by the DEP shall be documented by copies of the paid invoices. Travel - Travel expenses and per diem must be documented by a State of Florida Travel Voucher with appropriate receipts. Reimbursement will be made in accordance with Section 112.061. Florida Statutes. Eaui~ment - (Capital outlay over S500 in value) - The purchase of non-expendabie equipment or personal propert7 valued at $500 or more is not aut~orized under the terms this :\greement, DEP Contract _x,-o, xVx[-OS. ?auc 5 of 17 Do Fo 5. Re_ntal/Lease of Equi~)ment - Include copies of invoices or receipts to document charges. Other Exvenses - e.g., Materials, supplies, phone, reproduction, mailing, must be documented by itemizing and including copies of receipts or invoices. Pursuant to Florida Statutes, the DEP's Project Manager shall have five (5) working days, unless otherwise specified herein, to inspect and approve the services for payment; the DEP must submit a request for payment to the Florida Department of Banking and Finance within twenty (20) days; and the Department of Banking and Finance is given ten (10) days to issue a warrant. Days are calculated from the latter date the invoice is received or services received, inspected, and approved. Invoice payment requirements do not start until a proper and correct invoice is received. Invoices which have to be returned to a contractor for correction(s) will result in a delay in the payment. A Vendor Ombudsman has been established within the DePartment of Banking and Finance who may be contacted if a contractor is experiencing problems in obtaining payment(s) from a State of Florida agency. The Vendor Ombudsman may be contacted at 850/488-2924 or 1-800-848-3792. In accordance with Section 215.422, Florida Statutes, the DEP shall pay the CONTRACTOR interest at a rate as established by Section 55.03(1), Florida Statutes, on the unpaid balance, if a warrant in payment of an invoice is not issued within forty (40) days after receipt of a correct invoice and receipt, inspection, and approval of the goods and services. The interest rate established pursuant to Section 55.03(1), by Comptroller's Memorandum No. 3 (1997-98) dated December 3, 1997, has been set at 10.0% per annum or .02740% per ~lay~ Interest payments of less than $1 will not be enforced unless a contractor requests payment. The revised interest rate for each calendar year beyond 1998 for which the term of this Agreement is in effect can be obtained by calling the Department of Banking and Finance, Vendor Ombudsman at the telephone number provided above, or the DEP's Conmacts Section at (850) 922-5942. Five (5) copies of each invoice, including appropriate backup documentation, shall be submitted to: Florida Department of Environmental Protection Stormwater/Nonpoint Source Management Section Atto: Ms. Patti Sanzone, MS-3570 2600 Blair Stone Road Tallahassee, Florida 32399-2400 Upon satisfactory completion of the work performed under this Agreement, as a condition before fi_al payment under this Agreement or as a termination settlement under this Agreement, the CONTRACTOR shall execute and deliver to the DEP, using Attachment D - Release of Claims by Contractor on EPA Subagreement, a release of all claims against the DEP arising under, or by virtue of, this Agreement, except claims which are specifically exempted by the CONTRACTOR to be set forth therein. Unless otherwise provided in this Agreement by State law or otherwise expressly a~eed to by the parties to this Agreement, final payment under this Agreement or settlement upon termination of this Agreement shall not constitute a waiver of the DEP's claims against the CONTRACTOR or the CONTIL-kCTOR's sureties under this A~eement or applicable pertbrmance and payment bonds. Release of claims in this section shall ret~r to contract claims. This Agreement is subject to availabili~.' of funds or continuation of t~nding anticipated at the time of execution. Should funding be discontinued or reduced, the Ag'reement will be terminated DEP Contract No. WM708, Page 6 of I7 or amended, as appropriate. In this event, the CONTRACTOR shall be compensated for work or services satisfactorily completed. SECTION VI - MANAGEMENT The CONTRACTOR's Project Manager is Ms. Martha Campbell, telephone (561) 589-5490 or SunCom 221-5412. The DEP's Project Manager is Ms. Patti Sanzone, telephone (850) 921-9917 or SunCom 291-9917. All matters shall be coordinated with or directed to the Project Managers for action or disposition. SECTION VII - TERMINATIONS This Agreement may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party, provided that no termination may be effected unless the other party is given: (I) not less than 10 calendar days' written notice (delivered by Certified Mail, return receipt requested) of intent to terminate, and (2) an opportunity for consultation with the terminating party prior to termination. This Agreement may be terminated in whole Or in part in writing by the DEP for its convenience, provided that the CONTRACTOR is given: (1) not less than 10 calendar days' written notice (delivered by Certified Mail, return receipt requested) of intent to terminate, and (2).an opportunity for consultation with the DEP prior to termination. If termination for default is effected by the DEP an equitable adjustment in the price provided for in this Agreement shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due to the CONTRACTOR at the time of the termination may be adjusted to cover any additional costs to the DEP because of the CONTRACTOR's default. If termination for default is effected by the CONTRACTOR, or if termination for convenience is effected by the DEP, the equitable adjustment shall include a reasonable profit for services or other work pertbrmed. The equitable adjustment for any termination shall provide for payment to the CONTRACTOR for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by the CONTRACTOR relating to commitments which had become firm prior to the termination. Upon receipt of a termination action under paragraphs A or B above, the CONTRACTOR shall: (1) promptly discontinue all effected work (unless the notice directs otherwise), and (2) deliver or other~vise make available to the DEP all data, drawings, specifications, reports, estimates, summaries and such other informat' ~n and materials' as may have been accumulated by the CONTRACTOR in performing this A~eement, whether completed or in process. Upon termination under paragaphs A or B above, the DEP may take over the work or may award another party, a contract to complete the work. ii; after termination for failure of the CONTRACTOR to fulfill contractual obligations, it is determined that the CONTRACTOR had not failed to fulfill contractual obligations, the termination shall be deemed to have been tbr the convenience of the DEP. In such event. adjustment of the Agreement price shall be made as provided in paragraph C of this section. REMAINDER OF PAGE LEFT BLANK DEP Conrrac: No. WMTI)S. Pate SECTION VIII - REMEDIES All services shall be performed by the CONTRACTOR to the satisfaction of the Secretary of the DEP or her designated representative, who shall decide all questions, difficulties, and disputes of whatever nature which may arise under or by reason of the Agreement, the prosecution and fulfillment of the services hereunder and the character, quality, amount and value thereof, and the Secretary's decision upon all claims, questions, and disputes shall be final, conclusive and binding upon the parties hereto, to the extent provided by Florida la~v. SECTION IX ? LIABILITY Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. SECTION X - INTEREST OF CONTRACTOR The CONTRACTOR covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. The CONTRACTOR further covenants that in the performance of this Agreement no person having such interest shall be employed. SECTION XI - SUBCONTRACTING Ao The CONTRACTOR is hereby authorized to subcontract with Brevard Teaching and Research Laboratories for monitoring and technical services. The CONTRACTOR shall subcontract for engineering consultant services under a competitive purchasing procedure equivalent to Chapter 287, Florida Statutes. The CONTRACTOR shall be responsible fbr obtaining construction subcontractor services for this project using a competitive procurement procedure equivalent to Chapter 255, Florida Statutes. The CONTRACTOR shall not subcontract, assign, or transfer any other work under this Agreement without the ~rior written consent of the DEP. When applicable, and upon receipt of such consent in writing, the CONTRACTOR shall cause the names of the firms responsible for such portions of the work to appear on such work. The CONTRACTOR agrees to notify the DEP of all subcontracts no less than ten days prior to the effective date of the subcontracts for the purpose of approval by the DEP. The CONTRACTOR agrees to provide the DEP with an executed copy of all subcontracts within ten (10) days after the effective date of the Agreement. The CONTRACTOR agrees to be responsible for the fulfillment of all work elements included in the subcontracts and agrees to be responsible for the payment of all monies due under any subcontract and hold the DEP and the EPA harmless from any liabiliw or damages arising under or fi-om any subcontract hereinunder, to the extent provided by Florida la~v. Pursuant to the Lobbying Disclosure Act of 1995, the CONTRACTOR agrees to refi'ain from entering into anv subcontracts under this Agreement with any organization described in Section 50 t (c)(4) of the Internal Revenue Code of 1986, unless such organization warrants that it does not. and xvill not, engage in lobbying activities prohibited by the Act as a special condkion of the subcontract. DEP Contract No. WMT08, Page 8 of 17 SECTION XII - NOTICE Any notice or other xwitten communication between the parties shall be considered delivered when posted by certified mail or delivered in person to the Project Manager. SECTION XIII - PERSONNEL mo To the extent required by law, the CONTRACTOR will be self-insured against, or will secure and maintain such insurance as will protect it from claims under Workers' Compensation Acts and from claims for bodily injury., death, or property damage which may arise fi'om the performance of its services under this Agreement. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in, be denied the proceeds or benefits of, or otherwise be subjected to discrimination in performance of this Agreement. SECTION XIV - DOCUMENTS AND NON-EXPENDABLE EOUIPMENT A. Ownership of Documents All reports produced and other data gathered by the CONTRACTOR for the pnrpose of this Agreement shall become the property of the DEP without restrictions or limitations u. pon their use and shall be made available by the CONTRACTOR at any time upon request of the DEP. B. Non-Expendable Equipment and Personal Property The purchase of non-expendable equipment or personal property valued at $500 or more is not authorized under the terms of this Agreement. SECTION XV - SUPERSESSION The DEP and the CONTRACTOR agree that this and other appropriate clauses in 40 CFR 31.36 apply to that work eligible for EPA assistance to be perIbrmed under this Agreement and that these clauses supersede any conflicting provisions of this Agreement. SECTION XVI - PRIVITY OF CONTRACT This Agreement is expected to be funded in part with funds from the U.S. Environmental Protection Agency. Neither the United States nor any of its departments, agencies or employees is, 0r will be, a party, to this Agreement or any lower tier subcontract. This Agreement is subject to regulations contained in 40 CFR, Part 31.36 in effect on the date of the assistance award for this project. SECTION XVII - CHANGES IN SERVICE REOUIREMENTS The DEP may at anv time, xvithout notice to any surety', by ~vritten order designated or indicated to be a change order, make any change m the xvork within the general scope of the Agn'eement, including but not limited to changes: In the specifications (including drawings and desi~s}; In the time. method, or manner of performance of the work: DEP Contract No. \VM70S. Pa-¢ 9 or' i7 In the DEP-furnished facilities, equipment, materials, services, or site; or Directing acceleration in the performance of work. A change order shall also be any other written or oral order (including direction, instruction, interpretation or determination) from the DEP, which causes any change, provided the CONTRACTOR gives the DEP written notice stating the date, circumstances, and source of the order and that the CONTRACTOR regards the order as a change order. Except as provided in this section, no order, statement, or conduct of the DEP shall be treated as a change under this clause or entitle the CONTRACTOR to an equitable adjustment. If any change under this section causes an increase or decrease in the CONTRACTOR's cost or the time required to perform any part of the work under this Agreement, whether or not changed by any order, the DEP shall make an equitable adjustment and modify this Agreement in writing. Except for claims based on defective specifications, no claim for any change under paragraph B above shall be allowed for any costs incurred more than 20 days before the CONTRACTOR gives written notice as required in paragraph B. in the case of defective specifications, for which the DEP is responsible, the equitable adjustment shall include any increased cost the CONTRACTOR reasonably incurred in attempting to comply with those defective specifications. If the CONTRACTOR intends to assert a claim for an equitable adjustment under this clause, he must, within 30 days after receipt of a written change order under paragraph A, or the furnishing of a written notice under paragraph B, submit a written statement to the DEP setting forth the general nature and monetary extent of such claim. The DEP may extend the 30-day period. The CONTRACTOR may include the statement of claim in the notice under paragraph B of this change clause. No claim by the CONTRACTOR for an equitable adjustment shall be allowed if made after final payment under this Agreement. SECTION XVIII - BONDING REQUIKEMENTS~ CONSTRUCTION CONTRACTS Performance and Payment Bonds Prior to commencing any construction activities by a subcontractor in excess of $100,000 under this Agreement, CONTRACTOR will have obtained and provided proof of such to the DEP: A performance bond by the construction subcontractor for 100% o.~' the subcontract price to secure fulfillment of the subcontractor's obligations to the CONT1L~CTOR and DEP, and which names the DEP as payee; and, A payment bond by the construction subcontractor for 100% of the subcontract price to assure payment as required by law to all persons supplying labor and material in the execution of the work provided fbr in this Ageement. The required bonds shall be obtained from companies holding certificates of authorirv as acceptable sureties (31 CFR 223). REMAINDER OF PAGE LEFT BLANK DEP Contract No. XVM71)8, Page 10 of 17 B. Bid Bonds Bo Where construction subcontracts exceeding $1'00,000 are to be let by Invitation to Bid or Request for Proposal (RFP), the CONTRACTOR shall require a bid guarantee from each bidder equivalent to five percent of the bid price. The bid guarantee shall consist of a firm commitment such as a bid bond, certified check or other negotiable instrument accompanying a bid as assurance the bidder ~vill, upon acceptance of the bid. execute such contractual documents as may be required within the time specified. SECTION XIX - DIFFERING SITE CONDITIONS The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DEP' in writing off Subsurface or latent physical conditions at the site differing materially from those indicated in this Agreement; or Unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in this Agreement. The DEP shall promptly investigate the conditions. If it finds that conditions materially differ and will cause an increase or decrease in the CONTRACTOR's cost or the time required to perform any part of the work under this subagreement, whether or not changed as a result of such conditions, the DEP shall make an equitable adjustment and modify the subagreement in writing. No claim of the CONTRACTOR under this clause shall be allowed unless the CONTRACTOR has given the notice required in paragraph A of this clause. However, the DEP may extend the time presCribed in paragraph A. No claim by the CONTRACTOR for an equitable adjustment shall be allowed if asserted after final payment under this Agreement. SECTION XX - SUSPENSION OF WORK The DEP may order the CONTRACTOR in writing to suspend, delay or interrupt all or any part of the ~vork for such period of time as the DEP may determine to be appropriate for the convenience of the DEP. If the performance of all or any part of the work is suspended, delayed or interrupted for an unreasonable period of time by an act of the DEP in administration of this A~eement, or by the DEP's thilure to act within the time specified in this A~eement (or if no time is specified, within a reasonable time), the DEP shall make an adjustment for any increase in the cost of performance of this A~eement (excluding profit) necessarily caused by such unreasonable suspension, delay or interruption and modify the Agreement in writing. However, no adjustment shall be made under this clause tbr any suspension, delav or interruption to the extent: That performance would have been so suspended, delayed or interrupted bv any other cause. 'including the fault or negligence of rte CONTtL~XCTOR: or DEP Contract No, WMT)$ Pa:ze 11 of 17 Do For which an equitable adjustment is provided for or excluded under any other provision of this Agreement. No claim for this clause shall be allowed: For any costs incurred more than 20 days before the CONTRACTOR notified the DEP in writing of the act, or failure to act. involved (this requirement does not apply to a claim resulting from a suspension order), and Unless the amount claimed is asserted in writing as soon as practicable after the termination of such suspension, delay or interruption, but not later than the date of final payment under the Agreement. SECTION XXI - AUDIT: 'ACCESS TO RECORDS The CONTRACTOR shall maintain books, records, documents and other evidence directly pertinent to performance on EPA funded work under this Agreement in accordance with generally accepted accounting principles and practices consistently applied, and 40 CFR, Part 30 or 31, as applicable, in effect on the date of execution of this Agreement. The CONTRACTOR shall also maintain the financial information and data used in the preparation or support of the cost submission required under 40 CFR 31.36 for any negotiated contract or change order and a copy of the cost summary submitted to the DEP. The United States Environmental Protection Agency, the Comptroller General of the United States, the United States Department of Labor, the DEP and the State or any of their authorized representatives shall have access to all such books, records, documents and other evidence for the purpose of inspection, audit and copying during normal business hours. The CONTRACTOR will provide thcilities for such access and inspection. If this is a formally advertised, competitively awarded, fixed pric~ agreement, the CONTRACTOR agrees to make paragraphs A through G of this clause applicable to all negotiated change orders and Agreement amendments affecting the Agreement price. In the case of all other types of prime agreements, the CONTRACTOR agrees to make paragraphs A through G of this clause applicable to all agreements awarded in excess of $10,000 at any tier, and to make paragraphs A through G of this clause applicable to all change orders directly related to project performance. Audits conducted under this provision shall be in accordance with generally accepted auditing standards and with established procedures and guidelines of the reviewing or audit agency(ies). The CONTRACTOR agrees to disclose all intbrmation and reports resulting from access to records under para,a!r'~s A and B of this provision to any of the agencies referred to in paragraph A. Records under paragraphs A and B above shall be maintained by the CONTRACTOR during performance on EPA assisted work under this A~eement and for the time periods specified in 40 CFR, Part 30 or 31. as applicable, in addition, those records which relate to any controversy arising under an EPA assistance a~eement, litigation, the settlement of claims arising out of such per~¥rmance or to costs or items to which an audit exception has been taken shall be maintained by the CONTRACTOR for the time periods spe:ified in 40 CFR, Part 30 or 31. as applicable. Access to records is not limited to the required retention periods. The authorized representatives designated in paragraph A of this clause shall have access to records at any reasonable time tbr as long as the records are maintained. DEP Contract No, W,¥I,0S, Pag~ 12 of 17 This right of access clause applies to financial records pertaining to all agreements (except formally advertised, competitively awarded, fixed price agreements) and all Agreement change orders regardless of the type of agreement. In addition, this right of access applies to all records pertaining to all agreements, agreement change orders and agreement amendments: a) to the extent the records pertain directly to agreement performance; b) if there is any indication that fraud, ~oss abuse or corrupt practices may be involved; or c) if the agreement is terminated for default or for convenience, SECTION XXII - COVENANT AGAINST CONTINGENT FEES The CONTRACTOR assures that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an a=oreement or understanding for a commission, percentage, brokerage or contingent fee excepting bona fide employees or bona fide established commercial or selling agencies maintained by the CONTRACTOR for the purpose of securing business. For breach or violation of this assurance, the DEP shall have the right to annul this Agreement without liability or, at its discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee. SECTION XXIiI - GRATUITIES If the DEP finds, alter a notice and hearing,, that the CONTRACTOR or any of the CONTRACTOR's agents or representatives offered or gave gratuities (in the form of entertainment, gifts or otherwise) to any official, employee or agent of the DEP, the State or EPA in an attempt to secure a contract or favorabie treatment in awarding, amending or making any determinations related to the performance of this Agreement, the DEP may, by written notice to the CONTRACTOR, terminate this Agreement. The DEP may also pursue other hghts and remedies that the law or this Agreement provides. However, the existence of the facts on which the DEP bases such findings shall be in issue and may be reviewed in proceedings under Section VIII (REMEDIES) of this Agreement. In the event this Agreement is terminated as provided in paragraph A, the DEP may pursue the same remedies against the CONTRACTOR as it could pursue in the event of a breach of the Agreement by the CONTRACTOR, and as a penalty, in addition to any other damages to which it may be entitled by law, be entitled to exemplary damages in an amount (as determined by the DEP) which shall be not less than three nor more than ten times the costs the CONTRACTOR incurs in providing any such gratuities to any such officer or employee. SECTION ~XIV- PUBLIC ENTITY CRIlVIES A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not perform work as a contractor, supplier, subcontractor, or consultant under a contract ~vith any public entity, and may not transact business with any public entity' in excess of the threshold amount provided in Section 287.017. F.S.. tbr Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. SECTION XXV - L~ILATE~-\L CANCELLATION The DEP reserves the right to uniiaterallv cancel this Agn'eement tbr refusal by the CONTtLKCTOR to allow public access to ail documents, papers, letters, or other nnaterial subject to the DEP Contract No. WM..-08. Page 13 or' 17 provisions of Chapter 119, Florida Statutes, and made or received by the CONTRACTOR in conjunctioa with this Agreement. SECTION XXVI - DEBARMENT AND SUSPENSION In accordance with Executive Order 12549, Debarment and Suspension (40 CFR 32), the CONTRACTOR shall agree and certify that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency; and, that the CONTRACTOR shall not knowingly enter into any lower tier contract, or other covered transact/on, with a person who is similarly debarred or suspended from participating in this covered transaction, unless authorized in writing by the EPA to the DEP. Bo Upon execution of this Agreement by the CONTRACTOR, the CONTRACTOR shall complete, sign and return a copy of the form entitled ."Certification Regarding Debarments, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Federally Funded Transactions", attached hereto and made a part hereof as Attachment E. Co As required by paragraphs A and B above, the CONTRACTOR shall include the language of this section, and Attachment E in all subcontracts or lower tier agreements executed to support the CONTRACTOR's work under this Agreement. SECTION XXVII- COMPLIANCE WITH HEALTH AND_ SAFETY REGULATIONS The CONTRACTOR shall comply with all applicable federal, state and local rules and regulations in providing services to the DEP under this Agreement. The CONTRACTOR acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The CONTRACTOR further agrees to include this provision in all subcontracts issued as a result of this Agreement. SECTION XXVIII - CHOICE OF LAW/FORUM The parties hereby agree that any and all actions or disputes arising out of this Agreement shall be governed by the Laws of the State of Florida; and any such actions shall be brought in Leon County, Florida. SECTION.XXiX - SEVERABiLITY In the event one or more provisions of this Ageement are declared invalid, the balance of this A~eement shall remain in full force and effect. SECTION X,V, bX - "FAIR SHAR. E" REOUIREMENTS The CONTRACTOR shall ensure, to the fullest extent possible, that at least 8% minimum Minority Business Enterprise (kIBE) and Women's Business Enterprise (WBE) goal of Federal funds for subcontracts for supplies, construction, equipment or services are made available to organizations mvned or controlled by sociallv and economically disadvantaged individuals, women, and historically black colleges and universities. REMAfNT)ER OF PAGE LEFT BLANK DEP Contract No. WMT08, Page [4 of 17 I I I I I I I I i I i I i I I I I I I The CONTRACTOR agrees to include in its bid documents this 8% minimum goal and require all of its subcontractors to include in their bid documents for subcontracts the negotiated "Fair Share" percentage. To evaluate compliance with the "Fair Share" policy, the CONTRACTOR also agrees to comply with P.L. 102-389 and the six affirmative steps stated in 40 CFR 31.36(e) or 35.6580 (a), as appropriate. In accordance with Section 129 of Public Law 100-590, the Small Business Administration Reauthorization and Amendment Act of 1988, the CONTRACTOR agrees to utilize and to encourage any subcontractors under the assistance agreement to utilize small businesses located in rural areas to the maximum extent possible. The CONTRACTOR also agrees to follow the six affirmative steps stated in 40 CFR 31.36 or 35.6580, as appropriate, in the award of any subcontracts under this Agreement. SECTiON XXXI - LOBBYING CERTIFICATION AND DISCLOSURE The CONTRACTOR certifies that no Federal appropriated funds have been paid or will be paid, on or after December 22, 1989, by or on behalf of the CONTRACTOR, to any person for influencing or attempting to influence an officer or employee of'an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding, renewal, amending or modifying of any Federal contract, grant, or cooperative agreement. If any non-Federal funds are used for lobbying activities as described above, the CONTRACTOR shall submit Attachment F, Standard Form-LLL, "Disclosure Form to Report Lobbying" (attached hereto and made a part hereof), and shall file quarterly updates of any material changes. The CONTRACTOR shall require the language of this certification to be included in all subcontracts, and all subcontractors shall certify and disclose accordingly. SECTION XXXII - REOUIREMENTS FOR GRANTS AND AIDS APPROPRIATIONS In accordance with Section 216.349, Florida Statutes (financial review of grants and aids appropriations), the CONTRACTOR shall provide to the DEP an audit of this Agreement in accordance with the rules of the Auditor General promulgated pursuant to Section l 1.45, Florida Statutes. The DEP reserves the right to recover costs for failure to comply with Section 216.349, Flor/da Statutes. Copies of the required statement or audit, as applicable, shall be sent to each of the following within thirteen (13) months after the completion of the CONTRACTOR's fiscal year in which the Agreement xvas completed. Ms. Patti :an,zone. (MS#3570) Department of Environmental Protection Stormwater/Nonpoint Source Management Section 2600 Blair Stone Road Tallahassee. Florida 32399-2,100 Audit Director (MS-40) Department of Environmental Protection 2600 Blair Stone Road Tallahassee. Florida 32399-2400 DEP Corm'act No. WT,.IT08. Page 15 of IT udit Manager Office of the Auditor General P.O. Box 1735 Tallahassee, Florida 32302 To ensure compliance with Section 216.349, Florida Statutes, Chapter 10.600, Rules of the Auditor General is provided as Attachment G, attached hereto and made a part of the Agreement. Although this document is provided as an attachment to this Agreement, the CONTRACTOR acknowledges that this rule is subject to periodic revision by the Auditor General, and as such, the CONTRACTOR agrees to comply with the effective version of the rule at the time of satisfying the audit requirements of this Agreement. In accordance with Section 216.347, Florida Statutes, the CONTRACTOR is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. SECTION XXXIII - ENTIRE AGREEMENT It is expressly understood and agreed that this Agreement slates the entire agreement and that the parties are not bound by any stipulations, representations, agreements, or promises, oral or otherwise, not printed or inserted in this Agreement. The CONTRACTOR agrees that no representations have been made by the DEP in order to induce the CONTRACTOR to enter into this Agreement other than as expressly stated in this Agreement. This Agreement cannot be changed orally, nor by any means other than by written amendments expressly referencing this Agreement and signed by all parties hereto, unless otherwise provided herein. CITY OF SEBASTIAN By:* Title: Date: FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Director, Division of Water Facilities or designee 1225 Main Street Sebastian, Flor/da 32958 FEID No. 59-6000427 DEP C~ontracts Adt:ninistrator Approved as to form and legality: DEP Attome~_'/ *For contracts with governmental boards/commissions: If someone other than the Chairman sigms this Agreement. a resolution, statement or other document authorizing that person to sign the Agn:eement on behalf of the CONTtC'\CTOR must accompany the Agreement. DEP Contract No. W*.[708. Page lo of 17 List of attachments/exhibits included as part of this Agreement: Attachment A Scope of Services (I 8 Pates) Attachment B Data Validation Requirer~ents (6 Pages) Attachment C Comptroller Contract Payment Requirements (1 Pate) Attachment D Release of Claims (1 P~ge) Attachment E 'Deban'nentJSuspension Certification (2 Pages) Attachment F Lobbying Certification and Disclosure (3 Pages) Attachment G Rules of the Auditor eneral (5 Pages) DEP Contrac: \',,. ,.\'Nl'i)S. Pn~e '~' or' 1- .. ATTACHMENT A SCOPE OF SERVICES PROJECT C3: IMPLEMENTATION, ASSESSMENT, PUBLIC EDUCATION, AND TECHNOLOGY TRANSFER OF BEST STORMWATER MANAGEMENT PRACTICES IN THE SEBASTIAN RIVER WATERSHED COOPERATING ORGANIZATIONS: City of Sebastian, Martha Campbell, City Engineer Craven Thompson & Associates, Inc., Engineers for the City of Sebastian, Mr. John V. Hill, P.E. Brevard Teaching and Research Laboratories, Dr. Michael Helmstetter, Director St. Johns River Water Management District, Mr. Martin Smithson / Mr. Joel Steward PROJECT LOCATION: The proposed project will target a sub-basin of the Sebastian River watershed, a tributary of the Indian River Lagoon (IRL) and a nonpoint source ON'PS) priority watershed. PROJECT OBJECTIVES: To install new and retrofit existing structural Best Management Practices (BMPs) to reduce and control stormwater runoff, to regulate freshwater discharge, and t© minimize the influence of stormwater runoff pollution. These BMPs will be aimed at producing watershed-level nonpoint source prevention and control. A tiered approach of BMPs will be implemented ranging from the downstream installation of several large innovative watershed control devices to upstream modifications of an existing swale system. The efficiency of these BMPs in reducing water quality parameters of concern will be evaluated. To establish a monitoring pro,am to further quantify pollutant and freshwater loadings from critical areas within the watershed. This monitoring pro,am will serve tq compliment ongoing monitoring programs, allowing Pollution Load Reduction Goals (PLRGs) to be refined, and provide the baselir ~ necessary to evaluate the effectiveness of BMPs in reducing pollutant loads to the Indian River Lagoon. To achieve quantifiable reductions of freshwater, nutrient, metals and suspended material loadings to the South Prong sub-basin .of the Sebastian River watershed. To implement a comprehensive public education program outlining the sources, effects, and minimization approaches to the nonpoinr source pollution of stormwater. This educational program will include the establishment of a voluntary, citizens monitoring program which will allow the public to participate in the evaluation of those BMPs initiated during this DEP Contract No. WMT08, Atraclunent A. Page 1 of 15 project. This citizen program will supplement monitoring efforts of this project. This educational campaign will be aimed towards t~acilitating public acceptance of an ad valorem or user-fee based stormwater utility to finance future N-PS pollution prevention and towards identifying actions which individuals can take to prevent N-PS pollution. This educational program will also serve as a mechanism to transfer the technologies developed through this project to other communities throughout Florida. PROJECT DESCRiPTION: A tributary of the Indian River Lagoon estuary, the Sebastian River has been identified as a priority water body and a critical problem area in need of water quality rehabilitation and protection (Steward et al, 1994). The entire watershed drains approximately 100,000 acres, encompassing several sub-basins including the roughly 38,000 acres draining to the South Prong of the Sebastian River (Figure 1). Nonpoint source stormwater discharges from the entire watershed have been implicated in producing undesirable fluctuations in salinity and increasing the loads of total suspended materials, metals, nutrients, and bacteria to the estuary (Steward et al, 1994). Though there has been slow commercial or industrial development within this watershed, there is significant agricultural development of the land to the west which drains to two large canals, the Fellsmere canal and the C-54 canal (Figure 1). Significant urbanization within the watershed is limited to the City of Sebastian wlsch is a principal source of nonpoint source pollution. Located along a nine mile stretch of the lower west and south banks of the South Prong, the City of Sebastian occupies approximately 9,000 acres ( USGS extended Hydrologic.Unit Code # 10250000, 10500000, 10700000, and 10900000). With the exception of that land eastward of the Atlantic Coastal Ridge, runoff from the City drains almost entirely to the South Prong of the Sebastian River. Although founded during the last century, extensive development within the City did not occur until recently. During the late 1950s, General D4velopment Corporation established the infrastructure (streets, electricity, swales, and canal system) requisite to the development of 13,000 single family homesites. Many of these sites have not been fully developed yet. However, with a demand for inexpensive residential real estate, the City of Sebastian is experiencing the most rapid population increase of all municipalities within the watershed, and this trend is predicted to continue for the foreseeable future as residences are built upon these homesites (Indian River County Metropolitan Planning Organization, 1994). 'The vast majority of housing within the City relies upon onsite sewage treatment and disposal systems .(OSTDSs) for Wastewater discharge as centralized municipal sewage lines are unavailable. As is common · throughout much of the region (Woodward-Clyde, 1994a), many of these OSTDSs are located on soils unsuitable for OSTDS installation, and these systems are likely one source of bacterial and nutrient loadings to the watershed. The Indian River Lagoon National Estuary Program (IRLN-EP) is establishing a program to evaluate the relative input from this source. The current stormwater drainage system is inadequate to minimize the impacts of present levels of runoff. The majority of the stormwater runoff from this sub-basin enters a system of more than 700 miles of canals, ditches, and swales, draining to the Sebastian River and ultimately to the Indian River Lagoon. This system, installed during the initial phases of development, DEP Contract No. W_MT0$..Mtaclunenr A. Page 2 of IS includes several large water control structures which were designed to minimize large discharge pulses. Unfortunately, much of this system is in poor condition and not fully functional. The lack of public appreciation for a stormwater management program has resulted in improper maintenance of the swale and canal system. Elkcam Dam, the largest of three water control structures, which controls approximately 50 percent of the stormwater flow from the City of Sebastian (Figure 2), is an earthen dam which is almost completely nonfunctional following a catastrophic failure. The Stonecrop water control structure is also in need of extensive repair/retrofitting. Even if all components of this system were fully operational, the dated design would necessitate modifications to meet current regulatory guidelines. If left unchecked, the projected construction within the City of Sebastiai~ will certainly result in increased levels of NPS pollution entering the Sebastian River and ultimately the IRL. As this development was initiated some time ago, the current stormwater criteria which would need to be met by new construction are not applicable. Unless appropriate management strategies are implemented, it is predicted that the volume of stormwater runoff from the City of Sebastian will increase 60% over current levels (Craven Thompson and Associates, unpublished data). With more than 4,000 species in the region, including 36 rare or endangered species, the Indian River Lagoon is considered to be the most diverse estuary in North America (indian River Lagoon National Estuary Program, 1994). The impact of N'PS pollution upon the [R.L ecosystem to which the Sebastian River watershed drains is not fully characterized, however there is concern that much of the IRL is threatened by the effects of both point and nonpoint source pollution and through the alteration of natural hydrologic patterns. The SebaStian. River is one of three areas of critical concern within the IRL ecosystem (Steward et al, 1994). This watershed is a large source of pollutant loadings to the IRL. In a recent study performed trader the IRLNEP that evaluated 43 watersheds within the IRL system, loadings from the Sebastian River were th th th ranked 9 highest for total nitrogen (TN), 11 for total phosphorous (TP), 12 for total suspended solids (TSS), 10th for biochemical oxygen demand (BOD), l0th for zinc (Zn), and l0th for lead (Pb). Modeling efforts project that, based upon predicted land use patterns, the relative load ranking for all of these parameters, with the exception of zinc, will increase in the future (Woodward-Clyde, 1994b). Of particular concern is the fact that this model assumed that all new development would utilize best management practices and meet current regulations for stormwater control. As previously indicated, the stormwater system and other infrastructure of the City of Sebastian have already been constructed. The "build-out" phase during which residences will be constructed on the remaining parcels will rely upon the existing stormwater infi-astructure which does not meet current regulations. Hence, the relative irhpact of this watershed to the IRk, system may be more than has been predicted. The region of the IRL adjacent to the Sebastian River has been classified as a Class II, Outstanding Florida Water suitable for shellfish harvesting, and historically this region was among the most productive shellfish waters on the eastern seaboard. Native )umericans extensively harvested shellfish as is evidenced by immense middens in the watershed. Throughout much of the IRL, stormwater mnoffhas been liaked to increases in fecal coliform levels, and, in accordance with federal guidelines, shellfish harvesting must be suspended following storm events. Shetlfishing cannot be resdkned until bacterial concentrations tall to 'acceptable levels. The area of the IRL immediately to the east of the City of Sebastian supports a modest hard clam fishery which must be suspended when rainfall accumulations total 4.37 inches DEP Contract No. XVMT0$~ Attachment A, Pa~e 3 of 1S over a four day duration. Due to high levels of coliform bacteria, shellfish harvesting is never approved at the confluence of the Sebastian River and the IRL even under non-rainfall conditions (FDEP, 1994). It has also been suggested that N'PS pollution is responsible for the habitat reduction within the IRL. Throughout the estuary, increases in turbidity have greatly reduced the area suitable for seagrass growth (Kenworthy and Haunert, 1990). Throughout the IRL there have been shifts in seagrass communities, with an overall reduction in total bed area and decreases in the maximum depths of the grassbeds. The beds immediately south of the Sebastian River have consistently become more fi'agmented (Woodward-Clyde, 1994c). The St. Johns River Water Management District (SJRWMD) has identified a number of basin specific concerns for the Sebastian River watershed. The principal concern is the affect of large freshwater inputs on salinity within the watershed (Steward et al, 1994). Excessive freshwater drainage into estuarine waters may result in species shifts which disrupt ecologically and economically important nursery areas (Livingston and McCarron). Also of concern are the increased suspended matter, metal, and nutrient loadings resulting from this freshwater input. This NPS pollution may degrade water quality and affect local seagrass and shellfish populations (Steward et al, 1994). The SJRWMD has been monitoring water quality at a number of sites within the Sebastian River since 1990 and during the next twelve months will complete the preliminary determination of Pollution Load Reduction Goals which may be used in the determination of TMDLs (Joel Steward, SJRWMD, personal communication). One element of the proposed project is to provide supplemental monitoring of a key sub-basin within the watershed. In addition to providing the data necessary to evaluate the effectiveness of the BMPs which will be implemented during this project, this monitoring will allow even further refinement of management goals (PLRGs). The City of Sebastian has outlined a comprehensive stormwater management program (Appendix I) designed to preserve and enhance the region's vital aquatic ecosystems while providing functional stormwater drainage and management for the safety and welfare of the citizens. This pro,am will include, over time, a number of infrastructure, managerial, procedural, and financial improvements. While some of these improvements are beyond the scope of this project, the proposed project would make significant progress towards these goals. The City's program is focused to meet the principal objectives of the Indian River Lagoon Surface Water Improvement and Management (SWIM) Plan which include: ,, Management of major tributary inputs of freshwater to minimize their negative impacts on the IRL salinity · Assessment of total suspended materials loading and contribution to IRL problems, reduction of these loadings to improve the IRL · Reduction ofnonpoint source loadings of nutrients · Elimination or reduction of toxins in nonpoint sources Reduction of fecal and total coliform bacteria loadings to facilitate shellfishing In an effort to increase NPS pollutant abatement and prevention to the ecologically and economically valuable Indian River Lagoon ecosystem, a comprehensive project is proposed targeting a critical sub-basin of the Sebastian River watershed. This project will focus on the DEP Contract No. W.MT08, Attachment A, Page 4 o£ I8 implementation and evaluation of Best Stormwater Management Practices for curbing stormwater discharges from the sub-basin draining the City of Sebastian which empties into the South Prong of the Sebastian River. The proposed project also includes an extensive educational campaign to increase public awareness and support of effective stormwater management. Upon project completion and evaluation, the techniques developed during this project will be distributed to other agencies, including local governments throughout Florida. Fourteen public and private agencies will cooperate in the formulation, execution, and monitoring of this on-going pollution prevention and reduction project. The City of Sebastian will provide project management. The City, along with its consulting engineers, Craven Thompson & Associates, Inc. (CTA), will be responsible for all BMP construction and installation activities, as well as on-going staffing for operations, maintenance, and reporting. Brevard Teaching and Research Laboratories (BTR Labs), a non-profit direct-support organization of Brevard Community College, will perform monitoring and evaluation of BMP effectiveness, including execution of rigorous water quality monitoring protocols. BTR Labs will also be responsible for implementing the educational campaign. The St. Johns River Water Management District (SJRWMD), the Indian River Lagoon National Estuary Program (ItLLNEP), the Orlando District Office of the Florida Department of Environmental Protection (Central Florida DEP), and the Indian River County Environmental Control Office (IRCoECO) will provide guidance for the project to assure it meets the needs of their monitoring, improvement, protection, and management plans. The Indian River County office of the Florida Department of Health (DOH) will provide input, advice, and direction perti/aent to the OSTDSs component of the educational campaign. The Indian River County office of the US Department of Interior Natural Resources Conservation Service (NRCS) will assist the project with evaluation of soil type suitability for stormwater percolation and recommendations of soil stabilization needs and techniques. Indian River County Public Works Department (1RCPWD) will provide overview and input from its relevant experience and provide coordination based on experience with local conditions. Non-governmental groups will provide citizen input and assistance, and will cooperate and assist with the outreach educational programs and volunteer monitoring. This interagency cooperation will maximize the effectiveness of those BMPs implemented during this project and the overall goal of pollution reduction in the Sebastian River Watershed. PROJECT SCOPE: This intensive program will result in quantifiable N'PS pollution reduction through the implementation of a number of Best Management Practices. The effectiveness of these BMPs will be demonstrated through a comprehensive water quality monitoring pro,am. This will allow the most effective BMPs to be selected for more widespread application within the watershed. The proposed pro,am includes implementation of an extensive education component which will increase public axvareness ofNPS storrnwater pollution sources, effects, and prevention approaches. The educational element of this project will be extended to ensure that the technologies implemented and tested in this watershed are readily transferable to other 'watersheds within Flor/da. DEP Contract No. '~,~I708. Attachment A, Page 5 of 1 $ This multi-year project will be completed over three phases. A timeline outlining the primary tasks and significant milestones is presented in Figure 3. The need for several large BMPs has already been established. During Phase i, the largest BMP will be desired and installed. Phase I will also encompass dry and wet season monitoring of selected sites within the basin to identify the most suitable location for installation of "upstream" BM'Ps (increase storrnwater storage and retention, percolation-dispersion). A comprehensive educational campaig-n will also be initiated during Phase I. Implementation of the upstream BMPs will occur during the second phase of the project. The f'mal phase of this project will be evaluation of BMP effectiveness and transfer of these technologies throughout the state. The principal elements of these phases are detailed below. Best Management Practices Outlet Control. Elkcam Dam: Practice: Construct a variable, adjustable outlet control structure for the Elkcarn Waterway' basin. The Elkcam Waterway dam controls the outflow from a major portion of the City of Sebastian as well as a substantial area beyond the limits of the City which drains northward through the Elkcam Waterway system. At present, this dam offers virtually open outfall above the fixed control level. The establishment of an adjustable control device at this location will immediately result in greater control of stormwater runoff, allowing the City to meet its internal level and storage requirements and meet the salinity maintenance and Pollution Load Reduction Goals for the Sebastian River and the Indian River Lagoon. The Elkcam structure, which controls the drainage of some 5,000 acres upstream of the South Prong of the Sebastian River, will be outfitted with telemetry enabling the City and the SJRWMD to calibrate storage, storm levels, and discharge. The City will establish outlet management procedures based on the salinity versus discharge findings developed by the SJRWMD and the stage-storage-discharge characteristics established by the new Elkcam dam. In addition to the control offered by this outlet control structure, active stormwater management strategies in the basin will provide additional upstream storage and detention for settlement of solids and reduction of pollutant discharges. Outlet Control, Stonecrop Basin: Practice: Construct a variable, adjustable outlet control structure for the Stonecrop basin. Although the Stonecrop basin is somewhat smaller than the Elkcam, this basin directly discharges to the Sebastian River. Construction of this dam offers a high potential for two important functions: (1) peak discharge reduction, and (2) establishment of a viable wetland (with inherent water quality improvements) within the storage basin, adjacent to the South Prong of the Sebastian River. At present, the Stonecrop retention basin is not properly functioning, resulting from straight open discharge. Not only does the hydro~aph for this basin peak xvithout attenuation, but soon after a storm event, the retention basin is once again drained, eliminating DEP Contract No. W_MTOS, Attachment A. Page 6 of 1S the pollution reduction capability of the littoral area. As for the Elkcam dam, the City will establish outlet management procedures based on the salinity versus discharge recommendations of the SJRWMD and on the stage-storage-disch~ge characteristics established by the new Stonecrop dam. Upstream Storage: Practice: Increase upstream stormwater storage/treatment capacity. In selected areas, and in conjunction with on-going maintenance and improvements, BMPs will be implemented to maximize upstream, in-system treatment and storage of runoff. Upstream storage capabilities will be maximized, expanding the storage capacities of existing drainageways through widening and deepening selected ponds, swales, and ditches. Additional upstream storage and treatment will be provided through excavation of additional City owned drainage and retention areas. This additional storage will be an important adjunct to both the storm.flow attenuation and pollutant discharge reduction provided by the outlet control smlctures for the Elkcam and Stonecrop basins. Certain of these improvements will also be made in the Collier and Airport basins to provide attenuation and pollutant reduction in advance of eventual outlet control structures. These latter improvements will be installed in those basins in future phases of stormwater management implementation for the City of Sebastian. Upstream Retention: Practice: Increase retention of N'PS pollution within the system. Swale and ditch blocks, and outlet control structures, including weir structures with baffles ("baffle-boxes") for oil and grease retention, will be installed in select flowpaths to create serial treatment and retention within the system. The established drainage system for the sub-basin uses an interconnected system of swales, ditches, and canals to discharge stormwater. This" system, through over 30 years of minimal maintenance, has inevitably created its own "detention" devices, frequently in areas and parts of the system that create unacceptable blockages and backing up of floodwaters into streets and yards. With escalating build-out, ever increasing "nuisance" retention warrants restoration of proper drainage functions to the system. This maintenance requirement provides the opportunity to return selected sections of the existing system to properly designed and functioning retention devices. These low cdst, highly functional improvements will help, in smaller increments, hold back storm peaks, sediments, metals, bacteria, and nutrients. Combined with the storage enhancements described above, these detention devices will bring many of the target areas into compliance with current regulatory standards. REM_AINDER OF PAGE LEFT BLANK DEP Contract No. Vv2M708, Attachment A, Page 7 of I$ ~etlanE Planting: Practice: Increase extent of wetland vegetation within the sub-basin. Community action groups will be encouraged and guided in the creation of artificial wetlands in the littoral zones of existing and newly created treatment and storage areas to provide enhanced sediment filtration and nutrient removal. Many existing areas of the City have the potential for the creation of viable wetland littoral zones, potentially adding thousands of additional linear feet of wetlands in swales and ditches. The challenge for the City is to facilitate the creation of wetlands while simultaneously eliminating those blockages that leave streets and yards flooded. This will be done in many instances by re-shaPing intermediate drainageways with clearer "floodways", while leaving a littoral "floodplain" along the drainage path. Percolation-Dispersion: Practice: Increase percolation-dispersion of stormwater runoff. Where feasible, the utility of increased percolation-dispersion facilities throughout the system will be examined at each upstream BMP site. Regrading of existing conveyance facilities (ponds, swales, ditches and canals) is planned. At select sites with thin layers of impermeable soils, the facilities will be over-excavated and backfilled with permeable soils to create percolation-dispersion areas for ground water recharge. These sites will be CarefUlly selected to minimize any potential impacts on ground water and to eliminate the high maintenance factor normally associated with these types of facilities. Permitting of this activity will be included in overall site permits to be obtained during the project. As part of this program, the City will esfablish localized ground water monitoring wells to determine the effectiveness of such systems. Citizen monitors will be enlisted to record level fluctuations along with localized rainfall data accumulations. Comprehensive BMP Monitoring The BMPs described above will be installed at selected sites throughout the watershed. Through the implementation of a comprehensive water quality monitoring pro,am, it will be possible to: (1) more clearly define Pollution Load Reduction Goals, and (2) evaluate the, effectiveness of specific I3MPs. lvlore specifically, total nitrogen, total phosphorous, metals and total suspended sm.ds loadings will be quantified. Salinity and flow measurements will also be monitored. Several metals (e.g. zinc and lead) have been identified as significant contaminants of the Sebastian River watershed (Woodward-Clyde, 1994b). All thirteen of the EPA priority pollutant metals will be quantified. Prior to BMP installation, initial sampling will be performed to supplement (~vhen available) historical data which will be used to refine pollution goals. While there has been some monitoring within the South Prong of the Sebastian River, monitoring within the stormwater drainage system has not been performed. This initial monitoring will also be used to optimize the location ofBMPs. Folloxving implementation of the BMPs, the effectiveness of these BMPs will be evaluated with an upstream/downstream sampling approach. Momtonn_ xvill continue throughout both wet and dry seasons under loxv ftow and high flow D EP Contract No. W.XIT0$. Attachment A, Page ,~ of 18 conditions. Only those BMPs which effectively reduce NPS pollution while remaining cost effective ~vill be installed elsewhere. Educational and Technology Transfer Campa!gn With the recognition that a successful, self-sustaining NPS pollution minimization program requires the cooperation of the public, an extensive educational program will be implemented to increase public awareness. This program will focus upon increasing public understanding of the sources and effects of NPS pollution and outline those steps citizens can follow to minimize this pollution. To date, the general public in this ,al_ca has not received adequate instruction in stormwater management. Some of the public s misconceptions may be linked to failures in the current system. For example, much of the local population does not fully appreciate that standing water, such as that in a retention basin, is an effort to minimize NPS pollution, not a symptom of a failing stormwater system. The ultimate goal of this campaign will be to gain public appreciation of N'PS pollution and the need for effective stormwater management. . All of the public education activities will be coordinated with ongoing and future planned activities of SWIM, IRLNEP, and the Florida Yards and Neighborhoods Program. The local SWIM staff as well as the IRLNEP staff are key project partners and will be involved in all phases of the project, including the public education efforts. To maintain the level of funding necessary to continue its N'PS pollution management program, the City of Sebastian is proposing to establish a stormwater utility which will be financed with user based fees similar to programs elsewhere throughout Florida. It is believed that the public resistance ~"hich often accompanies additional tak proposals will be greatly minimized with an effective educational campaign. A number of approaches will be undertaken With the goal of reaching a widespread target audience. Initial efforts will be concentrated towards implementation of highly visible upstream BMPs (modifications of existing swale and canal systems, construction of retention basins) which will produce effects noticeable to an untrained observer. In addition to reducing NPS pollution, such BMPs will increase public support for stormwater management. Moreover, educational materials including posters and brochures will be distributed throughout the community. These materials will outline relevant general interest N-PS pollution issues, as well as describe those BMPs implemented during this program. In addition to the distribution of printed materials, at least one educational symposium open to the public will be held during each phase of the program. During these symposi~t, progress toward reaching the goals of this program will be presented. As indicated, continued construction within the Sebastian River watershed is predicted and with this construction will be a .~oncomitant increase in nonpoint sources. Through cooperation with local developers and contractors, the impact of this construction, both during the initial building phases and ox~er the long term, can be minimized. Pending sufficient interest (as determined through a survey), a workshop will be held to present approaches outlining the roles developers and contractors can play in the implementation, construction, and maintenance of BMPs. Public participation in the storrnwater management, progam will also increase acceptance. With that recognition, several steps will be taken to invotve citizens i,n, stormwater management. Citizens will be encouraged to develop minor wetland "~m'dens in front, side, and rear yard DEP Contract No. ~V.MT08. Attacltment A, Pa~.e 9 of' 15 swales. This program will require citizens to reconsider prevalent thinking which dictates smooth and dry grassy swales and ditches. The IRLNEP has demonstrated that a citizens water quality monitoring effort is regionally viable, and BTR Labs is actively involved in training and coordinating the efforts of those volunteer citizen monitors. A program similar to the IRLNEP citizens monitoring program (which parallels others throughout the nation [USEPA, 1990]) will be instituted. Such programs enable sampling at levels of spatial and temporal resolution which could not otherwise be achieved due to logistical and financial constraints. In this program, citizens will receive the training necessary to effectively sample and analyze several of the parameters of interest. The data collected by these citizens will compliment other monitoring activities of this project. "Split-sm:nple" studies between BTR Labs and the citizen monitors will ensure that data quality objectives are met. With clearly defined data quality objectives and adherence to a strict Comprehensive Quality Assurance Plan, a citizen volunteer monitoring program can provide additional, credible environmental data (USEPA, 1990) needed to evaluate the effectiveness of the BMPs that will be implemented in this project. Citizen monitors will quantify NPS pollution both during dry periods and during storm events. The transient nature of storm events does not pose significant logistical constraints for citizen monitors who will sample near their residences. An equally important aspect of this citizen involvement is the educational component of this program. This education is not limited to only those individuals actively participating in the monitoring program. Rather, these citizens provide another conduit for distribution of literature, increasing the probability of reaching the targeted audience. In addition to improved water quality and increased public awareness within the watershed, the proposed project will have positive ramifications throughout the state. While this watershed has been identified as an area of critical concern, other watersheds throughout the state share very similar problems. The BMP technologies implemented in this program may be transferred to other regions within Florida, assisting the State in developing a balanced effective N'PS pollution prevention program. Upon evaluation/demonstration of the effectiveness, both functionally and fiscally, of the BMPs implemented through this project, the applicability of similar approaches elsewhere can be assessed. This technology transfer will be facilitated through the interagency cooperation of the participants. Additionally, statewide distribution of educational materials describing NPS pollution and the effectiveness of the proposed project will increase public awareness and acceptance of NPS pollution prevention. References Florida Department of Environmental Protection, 1994. Shellfish Harvesting Atlas. Indian River Lagoon National Estuary. Program, 1994. Owner's Guide to America's Most Diverse Estuary, System. USEPA, SJRWMD, SFWMD, 37 pp. Kenworth, W. J. and D. Haunert, eds. 1990. The Light Requirements of Seagrasses: Results and Recommendations of a Workshop. South Florida Water Management District, [RL S WE'v[ program. DEP Contract No. \V%ITOS, Attachment A. Page I0 of [8 Livingston, E. and E. McCarron. Stormwater Management: A Guide for Floridians. Florida Department of Environmental Regulation, 72 pp. Steward, J., R. Vimstein, D. Haunert, and F. Lund, 1994. Surface Water Improvement and Management (SWIM) Plan for the Indian River Lagoon. Published by the St. lolms and South Florida Water Management Districts, September 1994, 120 pp. Un/ted States Environmental Protection Agency, 1990. Volunteer Water Monitoring, Office of Water, Washington, D.C., EPA-440/4-90-010, 78pp. Woodward-Clyde, 1994a. Status and Trend: Summary of the Indian River Lagoon. A Report to the Indian River Lagoon National Estuary Program, Melbourne, Florida, 65+pp. Woodward-Clyde, 1994b. Loading Assessment of the Indian River Lagoon. A Report to the Indian River Lagoon National Estuary Program, Melbourne, Florida, 80+pp. Woodward-Clyde, 1994c. Historical Imagery Inventory and Seagrass Assessment-Indian River Lagoon. A Report to the Indian River Lagoon National Estuary Program, Melbourne, Florida, 65+pp. REMAINDER OF PAGE LEFT BLANK DEP Contract No. WMT08. Attac!unent A, Page 11 of 15 / ;' OEP Contz:ct No. 'X"x.,f-O~, ..\:mchment .-~.. P:.z,z 12 ,.if 12 Z Z d d ! i DEP Contrac: No. Appendix I City of Sebastian Stormwater Management Program Overall Stormwater Program Scope The following describes the elements that are to be included in the long-term pro.am development and are included herein to show the relativity of the elements included in the Project Scope for Project Years 1996-97 (Grant Application Year 1995). Infrastructural Improvements: Establish outlet control structures, with floxv control devices, on all major discharge points so that the storage and flow modulation capabilities of the existing stormwater management system can be maximized and effectively managed. Maximize upstream, in-system treatment and storage of runoffthrough Best Management Practices that will include: Widening and deepening ponds, swales, and ditches to maximize storage capabilities of existing drainageways Excavation of additional City owned drainage and retention areas for dditional treatment and storage QUANTIFIED SPECIFIC OUTPUTS/DELIVERABLES (e.g. reports, manuals, videos, maps, BMPs, meetings, field days, issued permits, etc.): Phase I Develop and submit project-specific Quality Assurance Project Plan (QAPP). # Desigr~ and permitting of the Elkcam Dam structure. Conduct a statistically sound citizen formative survey within the Sebastian River xvatershed. The survey will establish the public reaction to environmental issues and will assess the overall "attitude" toward these issues and current (prior to the primary EPA/DEP funded ~ant activities) government programs. · Establish and maintain the citizens monitoring H20 Guard program. Conduct bimonthly monitoring meetings to discuss data and other relevant environmental issues. Gather weekly data and compile in database. Provide report mater/als with project reports. Phase I monitoring of pre-BMP wet and dry. season monitoring. Report is to include comprehensive data analyses and GIS presentation of pertinent information. Report will also outline project pro~ess and financial status. DEP Contract No. WMT0$, Attactunent A, Page 15 of 15 Design and permitting of the wetland plantings. · Public meetings presenting NTS pollution causes, effects, and solutions. Meetings to be held quarterly throughout all phases of the project, pending sufficient interest. Distribution of previously developed educational materials (e.g. Stormwater Management: A Guide for Floridians, Owner's Guide to ~4merica's Most Diverse Estuary System, Our Vital Wetlands, Protecting Florida's Water: Proper Septic System Use and Maintenance video, Stormwater and ~atershed Management in Florida, Florida Yards and Neighborhoods Handbook: A guide to environmentally friendly landscaping). o Develop and distribute NPS flyers, posters and other materials specific to NPS issues in the Sebastian River watershed. Establish the Citizens Against Pointless Personal Pollution (CAP3) citizen task force and the Clean River Coalition. Workshops with local developers and contractors to discuss roles in NPS stormwater pollution prevention. Present relevant issues outlined in the Florida Development Mamml and Design Guidelines for Flood Damage Reduction. Workshops will be held quarterly, pending sufficient interest, throughout all phases of the program. o Installation of two acre wetland demonstration project including community education workshop(s). o Construction of outlet control device at Elkcam waterway. Phase II · Desig-n and permitting of the upstream BMP installations. Begin monitoring effectiveness of Elkcam control structure. Evaluate effectiveness of wetland demonstration project. Design and permitting of the Stonecrop structure. Installation of upstream BMPs. · Construction of outlet control device at Stonecrop waterway. · Continued public meetings/workshops. ° Mailers to watershed interested and affected public. · Continue to maintain the citizens monitoring H20 Guard program. Conduct bimonthly monitoring meetings to discuss data and other relevant environmental issues. Gather weekly data and compile in database. Provide report materials with project reports. · Phase II report outlining effectiveness of wetland demonstration project, status of citizen monitoring program, and preliminary evaluation of effectiveness of Elkcam control device. · Report will also outline project progress and financial status. Phase III ° Evaluation of control structures and upstream BMPs effectiveness. Reports to include comprehensive analysis of monitoring data, GIS presentation, summary of all monitoring data. Report will also outline project progess and financial status. · Workshop, open to interested individuals from ttu:oughout Florida, describing successes/failures of BMPs and applicability to other watersheds within the State to transfer these tectmologies throughout Florida. DE? Contract No. W_X.l-0$. At~adm,.ent A, Pa~s 16 of 18 Conduct a statistically sound citizen formative survey within the Sebastian River watershed. The survey will establish the public reaction to environmental issues and will assess the overall "attitude" toward these issues and current (following the grant activities) government programs. ,, Continue to maintain the citizens monitoring H20 Guard program. Conduct bimonthly monitoring meetings to discuss data and other relevant environmental issues. Gather weekly data and compile in database. Provide report materials with project reports. Report of relevant citizens monitoring workshops, performance, and findings. · Refinement of PLRGs. Draft final report. Comprehensive final report of successes, failures, progresses and stormwater mm~agement recommendations. MILESTONES (In Project Months): Month 1: Develop Quality Assurance Project Plan (QAPP). Initiate design and permitting of Elkcam control structure. Month 2: Identify monitoring sites throughout drainage system to be used to locate BMPs. Month 3: Begin citizen monitoring program to evaluate N-PS loading as component of educational campaign. Initiate sampling/monitoring of canal system sites. Sampling events to occur biweekly and during storm events. Identify upstream BMP locations. Gather and compile educational materials for distribution. Begin public education campaign with series of quarterly public meetings . outlining N'PS causes, effects, and solutions. Month 8: Begin construction of Elkcarn control structure. Design wetland planting demonstration project. Month 10: Install wetland demonstration project. Month 13: Initiate design and permitting process *or upstream BMPs. Begin evaluation of effectiveness of wetland demonstration project. Month 14: Begin upstream/downstream monitoring and evaluation of Eikcam control structure. Month 16: Initiate desioma and permitting of Stonecrop control structure. Month 18: Implement upstream BMPs at locations identified via monitoring program. DEP Contract No. WMT08, Attachment A, Page 17 of 18 Month 21: Month 25: Month 28: Month 33: Month 36: Month 37: Begin construction of Stonecrop control structure. Begin upstream/downstream monitoring and evaluation of Stonecrop control structure. Begin upstream/downstream monitoring and evaluation of upstream BMPs. Hold NPS technology transfer symposia for attendance by individuals from throughout Florida. Submit draft final Section 319 NPS project report. Hold workshop to discuss final results and future needs. Continue dissemination of educational information. Publish results and recommendations in technical journal. Submit final Section 319 NPS project report. PROJECT BUDGET: Project Management BMP Implementation Monitoring Evaluation of BMP Effectiveness Public Education 319(h) Funds 0 $420,600 24,700 $ 36,300 $ 48,400 Non-Federal Match $ 21,300 $259,900 $ 40,500 $ 37,900 $ 25,800 Totals $530,000 $385,400 REMAINDER OF PAGE LEFT BLANK OEP Contract No. WMT0$, Attachment A, Page 1S of 1S ATTACI~IENT B Analytical Data Validation Requirements For Department Contracts (Revised October 6, 1997) I. INTRODUCTION Environmental studies or measurements are contracted out by the Department (DEP) on an as needed basis. Some contracts include requirements for sampling and analytical test procedures. Analytical parameters and methods are also commonly specified in such contracts or in individual task assignments. Each contract/task which involves sampling and/or analysis activities may require the preparation of a site- or project-specific QA Project Plan (QAPP) on DEP Form 62-160.900(1), which references the contractor's and/or subcontractor's Comprehensive Quality Assurance Plan (CompQAP). In certain cases, and at the discretion of the DEP Quality Assucance Officer and/or DEP Project Manager, different quality assurance requirements may be specified (e.g., CompQAP, Research QAP, etc.). The type of quality assurance plan .required will be stipulated in the 'contract/task language, in addition to any contract/task-specific data quality objectives (DQO's) not already addressed in any associated quality assurance plan. While routine data validation, reduction and reporting requirements are addressed in an organization's approved CompQAP, these guidelines establish additional tmiform requirements for analytical data validation, documentation and reporting. They shall be followed by all contractors and subcontractors involved with the sampling and/or analysis specified by the contract. Additional requirements may be designated by the DEP Project Manager. These guidelines do not impose any analytical quality control (QC) requirements beyond those already included in the DEP approved methods (as referenced in DEP QA-001/90) and Chapter 62-160, F.A.C., but are meant to complement the contractor's CompQAP(s). Their purpose is to further assure that legally defensible data will be generated which meet U.S. Environmental Protection Agency .criteria without following the full EPA Contract Laboratory Program (CLP) protocols. In addition, these guidelines define in more precise terms the requirements for storage of analytical raw data, field documentation and records, custody records, and non-reportables so that the audit and review of these documents can be facilitated. II. RECORDS RETENTION All la'-oratory and field records described in section III, IV and-V should be maintained in project- specific task, project files. These files should contain the original data or records. However, if this is impractical, copies of the pertinent information, or unambiguous and accurate cross-references to the location of the original documentation, shall be maintained in the project-specific task/project file(s). Active files shall be maintained for a period of at least one year from data generation. All records, as specified in Sections 62-t60.600, F.A.C., shall be retained for at least tllree years after project completion. However, it is strongly recommended that all records be maintained for at least five years after project completion. DEP Contract No. WMTOS. Attachment B, Page I of 6 Iii. LABORATORY REPORTING LEVELS AND DELIVERABLES The analytical laboratory data required by the subject investigations shall meet the general QA for the EPA level III classification (i.e., qualitative, quantitative and legally defensible) . Each laboratory, shall perform internal data validation according to protocols specified in their approved CompQAPs or Research QA Plans (RQAPs). The minimum quality control data to be included in each laboratory analysis report is specified below. The laboratory QA officer is responsible for this data. At the discretion of the DEP project manager, the laboratory may be asked to provide routine QA reports to the DEP which will include any additional remarks concerning the validity or quality of the analytical data. The following shall be supplied as a part of the laboratory deliverables: 1. All information specified by Section 62-160.670, F.A.C.; 2. Sample specific method detection limits for each parameter (see DEP QA 001/90 for specific definitions and calculations); 3. Results of all field-generated quality control samples: a. Trip Blanks (if applicable); b. Equipment blanks; c. Field duplicates; d. Field blanks (if analyzed and/or required); e. Field spikes (if identified, analyzed and/or required).; 4. Results of laboratory quality control data for replicates and spikes. This shall include for each parameter and matrix: a. Sample ID # used for QC sample; b. Calculated % RSD for replicates (Relative Percent Difference (RPD) may be used for reporting duplicate precision); c. Calculated % recovery; and d. Control limit values utilized for precision and accuracy for each parameter/matrix; 5. At the discretion of the DEP project manager, routine quality assurance reports shall be submitted in accordance with the format specified by the project mm~ager. These reports shall address any problems or difficulties encountered in meeting the sPecified project/contract DQO's. The above shall apply to all analyses and will assure that the DEP project manager is apprised, through each laboratory report, on the quality level of the analytical data and its ability to meet the DQO's specified in the contract and/or quality assurance plan. IV. FIELD DATA VALIDATION The validation and documentation of data generated in the field (e.g., conductivity, pH, temperature, etc.) is only applicable if the contract specifies field work to be performed by the contractor. All field information shall be recorded in field records, as approved by the Department's QA Section, and be made using non-erasable, waterproof ink. If standardized forms (e.g., field tr/p approval form. field sampling request form, field data sheet, well sampling data log, equipment calibration fbrms, sample custody records, etc.) are used, these shall be assembled into logbooks, sequentially numbered, and maintained in a project file. If it is impractical to maintain all original documents in a central project file, copies of the pertinent information, or unambiguous and accurate cross-references to the or/ginal The organization shall documentation, shall be maintained in the project-specific task'project file('sS. DEP Contract No. \x,_'5!708. A.~ac,hment B, Pace 2 of 6 maintain all other project information as specified in Sections 5.1, 5.2 and 5.3 of DEP QA-001/92 (DEP SOPs). Other field documentation such as photographs, memoranda or task orders shall also be maintained in the project file(s). The field data validation process shall follow the contractor's CompQAP and the protocols specified in Section 10 of DEP QA-001/92. Field team leaders shall be responsible for initial data validation including: a. the use of properly calibrated instruments; b. following DEP approved methods as outlined in the relevant CompQAPs or QAPP; c. reviewing and documenting acceptance of the results from field QC samples (e.g., trip blanks, duplicates, etc.) and field calibration checks; and d. making careful, accurate and complete records of field activities as specified in Chapter 5 of the DEP SOPs. The overall project validation as specified in Section 10.3 of the DEP QA-001/92 shall be conducted by the contractor's designated project manager(s) or task manager(s). Project validation shall be conducted in a manner in which inability to meet projectJcontrac, t DQO's are specifically addressed. V, LABORATORY DATA VALIDATION The in-house data validation process begins with the analyst at the bench level and concludes with an independent review of data by the supervisor and laboratory QA officer. Specifically, the data must be reviewed and assessed in terms of its ability to meet the DQO's as specified in the project,'contract. The data validation process shall include: a. the recalculation of at least 5% of the test results for each analytical batch, parameter group and matrix. The samples that are checked in this manner shall be randomly selected, and apply to the analytical batch containing DEP samples. The DEP samples shall not be considered apart from other client samples that are included in the sample batch; b. verification of all supporting functions (e.g., sample preparation, calibration, standard preparation, etc.); c. review, assessment, and acceptance/rejection based on quality controls; d. assessment of data in terms of its ability (or lack thereof) to meet projectJcontract-specified DQO's, and; e. all other report and data validation requirements as specified in DEP-QA-001/92, Section 10. The list of laboratory reportables is specified in Section III. The list of non-reportables is listed below for inorganics and organics. Non-reportable data/records shall be kept in central files with the relevant reportable data. If it. is impractical to maintain all original documents in a central project file, copies of the pertinent information, or unambiguous, accurate cross-references to the location of the original documentation, shall be maintained in the project-specific task/project file(s). The laboratory QA officer(s) shall be responsible for the completeness and accuracy of these files. V.A. GeneralNon-reportables The following information shall be included for each task/project: A chronological master list of laboratoo' tracking sample ID numbers correlated with field sample ID numbers (per batch) and sample analysis batch identification to correlate quality control samples to the applicable anatvsis batch: DEP Contract No. WMT08. Attachment B. Page 3 or' 6 Copies of the chain of custody forms signed by the sample collector and laboratory sample custodian; A narrative summary identifying any QA or sample problems and the specific corrective action measures that were taken to correct the problem(s); Concentration of calibration standards-with acceptance criteria, their preparation and traceability, including initial calibration data and internal or external standard parameter (compounds) and concentrations; Results of batch-applicable continuing calibration verification standards (CCVS) and/or system performance check compounds, percent recoveries and expected values; Results of batch applicable laboratory control samples (LCS) or QC check sample recoveries and expected values or results of independent QC Samples (EPA, NIST, etc.) with expected values and percent recoveries; 7. Results of method (laboratory control) blank analyses; 8. Results of matrix spikes, calculated percent recoveries, control limits and their source; 9. Results of surrogate spikes, percent recoveries and control limits (where applicable); 10. Results of laboratory replicates (matrix spike duplicates or laboratory replicates), calculated percent recoveries and % RSD (%RSD or RPD for duplicates) amongst replicates, control limits and their' source (summary is reportable); 11. Results of analytical (post-digested) spikes'when used or required to determine matrix effects; 12. Identification, raw data and results (including acceptance/rejection) of all continuing calibration standards analyzed as a requirement of Chapter 62-160, F.A.C.; 13. Results and raw data from all per/brmance evaluation and/or QC check samples analyzed during the project; and 14. Sequential measurements readout records (including calibration curves), digestion logs, raw data calculation worksheets, and chromatograms (where applicable) for all samples, standards and QC safnpk '(blanks, duplicates, spikes, etc.). V.B. Inorganics Non-reportables For analyses involving the use of atomic absorption (flame or furnace) spectroscopy AAS), inductively coupled plasma (ICP), ion chromatogaphy (IC), light (visible, UV and IR) spectroscopy, and turbidimetric, ~avimetric, titrimerric and autoanalvzer procedures, the ~bllowing data shall be maintained in the project file (or linked through unambiguous, accurate cross-references to the original documentation) in addition to the data specified in V.A above: Results of interference check sample (CS) analysis and expected values (ICP only); and DEP Contract No. W:,1708. Artactunent B, Page 4 of 6 2. Results of dilution check samples (DCS) analysis and expected values (when required and/or used). V.C. Organics Non-Reportables 1. Gas Chromatography - For analysis by GC, all applicable records specified in V.A. above shall be on file. In addition, the calculated response factors (if used) for all compounds at each concentration level which shows linear invariance shall be documented. 2. Gas Chromatography/Mass Spectroscopy - In addition to the information listed in V.A. and V.C. 1., the following shall be maintained: a. GC/MS tuning and mass calibration data including summary for tuning compounds indicating compliance with acceptance criteria; and b. Chromatograms and mass spectra for all samples, standards and QC samples. V.D. Microbiology Non-Reportables In addition to the applicable records specified in V.A, the documentation and raw data demonstrating compliance with DEP minimum QC requirements shall be maintained in the project files (or shall be maintained in linked files using unambiguous cross-references to the original documentation): 1. Results and documentation for dilution and sample carry over blanks; 2. Documentation and results of positive duplicate samples with acceptance criteria; 3. Positive and negative control records for media (including source of microorganisms); 4. Records of Water Quality Indicators as specified in 9.1.2.2.d of QA-001/92 (includes laboratory performing tests if not analyzed in-house); 5. Records showing verification and/or confirmation of positive confirmed samples (9.1.2.2.f of QA-001/92); and 6. Media preparation records including preparation dates, and pH or source and lot number of purchased pre-made media. V.E. Bioassay Non-Reportables In addition to maintaining the applicable records in V.A and V.B, the organization shall maintain the following records in the project file (or in linked files using unambiguous cross-references to the original documentation): 1. Raw data, calculations, and records associated with each test; 2. Results and raw data associated with reference toxicants; DEP Contract No. '~'~: I;08, Attachment B. Page 5 of 6 ! I 3. Records pertaining to the origin, identification, culture and maintenance of species; and I 4. All records on temperature, light measuremefits and feeding regimens. i V.F. Macrobenthic Invertebrate Identification Non-Reportables In addition to the applicable records in V.A, the following shall be maintained in the project file (or i in linked files using unambiguous cross~references to the original documentation): 1, Specimen collection that may have been used in identifying organisms (including source); I 2. Documented internal verification of all phases of the identification procedures; i 3. Documented use of external experts to corroborate the findings (include name of individual(s) and CompQAP Pt); and i 4. Record of keys used for identification. I (REMAINDER OF PAGE LEFT BLANK), ! ! ! ! I I ! I ! i DEP Contract No. WM,0S, Attac,~maenr B. Pa~e ATTACI:E'vIENT C Comptroller Contract Payment Requirements Department of Banking and Finance, Bureau of Auditing Manual (10/07/97) Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.) Supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved contract budget should be reimbursed. Listed below are examples of types of documentation representing the minimum requirements: (1) Salaries: (2) Fringe Benefits: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fi-inge benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. Fringe Benefits should be supported by invoices ~howing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: 'Reimbursement for travel must be. in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel x~oucher or electronic means. (4) Other direct costs: (5) In-house charges: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when serv/ces are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A- 1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. ' Charges which may be of an inter, xal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Pursuant to 216.346, Florida Statutes, a contract between state agencies including any contract involving the State University. system or the State CommuniW College system, the agency receiving the contract or grant moneys shall charge no more than 5 percent of the total cost of the contract or =m'ant tbr overhead or indirect cost or anv other cost not required for the payment of direct costs. DEP Contrac: No. WMT08, Attachment C. Page ATTACF~IENT D RELEASE OF CLAIMS BY CONTRACTOR ON EPA SIYBAGREEMENT IN ACCORDANCE with the final payment provisions of DEP Contract No. WM708, the CONTRACTOR hereby releases the DEP and the EPA from any and all claims that may arise under, or by virtue of, the contract, except those claims which may be specifically exempted and set forth herein. Specific Exemptions: (attach additional sheet(s) if necessary) DEP CONTRACT NO.: CONTRACTOR: VCNI708 CITY OF SEBASTIAN 1225 Main Street Sebastian, Florida 32958 SIGNATURE OF AUTHORIZED INDIVIDUAL DATE TITLE: NOTARY: STATE OF COLrNTY OF Sworn to and subscribed before me this day of ,19 Signature of Notary Public Print, Type or Stamp Commissioned Name of Notary Public Personally Known or Produced Identification Type of Identification Produced DEP Contract No. W.M708, Attachment D, Page l of I ATTACHiVIENT E CERTIFICATION REGARDING DEBARMENTS, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION-LOWER TIER FEDERALLY FUNDED TRANSACTIONS Required for all contractors and subcontractors under DEP CONTRACT NO: W'MT08 The undersigned hereby certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. The undersigned also certifies that it and its principals: (a) Have not within a three-year period preceding this response been convicted of or had a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; ~/olation of Federal or State anti-trust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. (b) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 2.(a) of this Certification; and (e) Have not within a three-year period preceding this certification had one or more public transactions (Federal, State or local) terminated for cause or default Where the undersigned is unable to certify to any of the statements in this certification, an explanation shall be attached to this certification. Dated this day of ,199m. By: Authorized Signature/Con~-actor Typed Namefl'ifle Contractors Firm Name Street Address Building, Suite Number City/StateiZip Code DEP FORM 11-043 (04/94) Area Code/Telephone Number DEP Contract No. x,¥.~.1708, Attachment E, Page 1 of 2 ENSTRUCTIONS FOR CERTIFICATION REGARDLNG DEBAILM. ENT, SUSPENSION, INELIGIBILITY ~ND VOLI0~TARY EXCLUSION- LOW'ER TIER FEDERALLY FUNDED TRANSACTIONS By signing and submitting this form, the certifying party is providing the certification set out below. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction xvas entered into. If it is later determined that the certifying party knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department of Environmental Protection (DEP) or agencies with which this transaction originated may pursue available remedies, including suspension and/or debarment. The certifying party shall provide immediate written notice to the person to which this contract is submitted if at any time the certifying party learns that its certification was erroneous when submitted or has become erroneous by reason of changed circurn~tances. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, pmp6sal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this contract is submitted for assistance in obtaining a copy of those regulations. The certifying party agrees by submitting this contract that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier contract, or other covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DEP or agency with which this transaction originated. The certifying party further agrees by executing this contract that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all contracts or lower tier covered transactions and in all solicitations for lower tier covered transactions. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from tile covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List (Telephone No. (202) 501-4740 or (202) 501-4873.) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required .by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a persou who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DEP or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. DEP FOI:LM 11-043 (04/94) DEP Contract No. WMTOS. Artactunent E, Page 2 of 2 &. ATTACHMENT F Approved by OMB 0348-0046 DISCLOSURE OF LOBBYING ACTMTIES Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 (See reverse for public burden disclosure.) 1. Type of Federal Action: a. contract b, grant c. cooperative agreement d. loan e. loan guarantee fi loan insurance 2. Status of FederalAction: a. bid/offer/application b. initial award c. post-award 3. Report Type: a. initial filing b. material change For Material Change Only: year quarter date of last report Name and Address of Reporting Entity,: CI Prime 0 Subawardee Tier , if known: 5. if Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: Congressional District, i/known: 6, Federal Department/Agency: 8. Federal Action Number, i/known: 10. a. Name and Address of Lobbying Entity (i/ individual, last name. first name, MI): Congressional District, if known: 7. Federal Program Name/Description: -9. CFDA Number, i/applicable: Award Amount, if known: $ b. Individuals l%rforming Services (inchtding address if d[ffl, rent frorn No. IOn) (last name, first name. MI): (attach Continuation Sheet(s) SF-LLL-A, il'necessary) 11. Amount of Payment (check all that apply): 13. Type of payment (check all that apply): $ 12 actual Q planned C! a. revainer O b. one-time fee Q c. commission 12. Form of Payment (check all that apply): O d. contingent fee 0 a. cash CIe. deferred El b. in-kind; specify: nature O f. other, specify: value 14. Brief Description of Services Performed or to be Performed and Date(s) of Service. including officers(s), employee(s), or Members contacted for Payment Indicated in Item lh 15. (attach Cominuation Sheet(s) SF-LLL-A. if necessary) Continuation Sheet(s) SF-LLL-A attached: [2 Yes /21 No Information requested through lhis form is authorized by title 31 U,S.C. section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above ,*hen this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C, 1352. This information will be reported to Congress 'semi-annually and will be available for public inspection..Any pemon who fails to file the required disclosure shall be subject to a civil penal~' of not less than $10,000 and not more than 5100,000 for each such failure. Signature: Print Name: Title: Telephone No.: Date: Federal Use Only: Authorized Ibr Local Reproducnon Standard Form - LLL DEP Contract No. WM708, Attachment F, Page I of 3 Part 34; App. B 40 CFR Ch. 1 (7-1-90 Edition) iNSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSUR.E OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt ufa covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing ufa form is required for each payment or agreement to make payment to any lobbying entity, for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Use the SF-LLL-A Continuation Sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change repelS. Refer to the implementing guidance published by the Office of Management and Budget for additional information. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. identify the status of the covered Federal action. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported, enter the )'ear and quarter in which the change occurred. Enter the date of the last previously submitted report by the reporting entity for this covered Federal action. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. If the organization filing the report in item 4 check "$ubawardee", then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known. Enter the name of the Federal agency making the award or loan commitment. Include at least one orgaoizational level below agency name, if known. For example, Department of Transportation, United states Coast Gnard. Enter the Federal program' name or description for the covered Federal action (item I). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. Enter the most appropriate Federal identif.ving number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contra~:t' grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001." For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. fa) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing sen'ices, and include full address if different from 10 fa). Enter Last Name, First Name, and Middle Initial (,'vii). I1. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item I0). Indicate svhether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made., 12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value e '.he in-kind payment. 13. Check the appropriate box(cs). Check all boxes that apply. If other, specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed, or will be expected to perform, and the date(s) of any services rendered. Include all preparatory and related activity, not just time spent in actnal contact with Federal officials. Identify the Federal official(s) or employee(s) contacted or the officer(s), employee(s), or .Member(s) of Congress that were contacted. 15. Check whether or not a SF-LLL~A Continuation Sheet(s) i~ attached. 16. The curtiS'lng official shall sign and date thc form. print his~her name, title and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the borden estimate or any other aspect of this collection of iht'urination, including suggestions ['or reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washing'ton. D.C. 20503. DEP Contract ~'o. WM708, Attachment F, Page 2 of 3 / / Environmental Protection Agency Part 34, App. B DISCLOSURE OF LOBBYI1NG ACTIVITIES CONTENUATION SHEET Reporting Entity: DEP Contract No. WMT08. Attachment F, Page 3 of 3 Page Approved byOM~ 0348-0046 of ATTACHMENT G RULES OF THE AUDITOR GENERAL CHAPTER 10.600 i AUDITS OF STATE GRANTS AND AIDS APPROPRIATIONS UNDER SECTION 216.349, FLORIDA STATUTES EFFECTIVE 9-30-97 DEP Contract .N'umber %-51708, Attachment G, Page 1 of ~ RULES OF THE AUDITOR GENERAL CHAPTER 10.600 TABLE OF CONTENTS Rule Section No. 10.610 10.620 10.630 Description Pane PREFACE TO RULES ....................................... 2 DEFINITIONS .................................................... 3 AUDIT REQUIREMENTS ..................................4 EFFECTIVE DATE ............................................ 4 APPENDIX ........................................................ 5 PREFACE TO RULES Section 216.349, Florida Statutes, imposes audit requirements on recipients of grants and aids appropriations from State agencies. The grants and aids appropriations referred to in Section 216.349, Florida Statutes, are those designated as "grants and aids" in a Florida appropriations act. The beginning point of any audit required by this section of law should be a determination of which State moneys received by the auditee are grants and aids appropriations as described above. The Auditor General has no authority or responsibility to determine which grants and aids are covered by this section of the Florida Statates. Because of responsibilities assigned to the administering State agency and the Comptroller .of the State of Florida, either or both should be able to assist the auditee in determining which grants and aids come under Section 216.349, Florida Statutes. The administering State agency should also be consulted regarding any specific form requirements for the required report and schedule. These rules apply only to grants made by State agencies from appropriations designated as "grants and aids" in a Florida appropriations act. These rules do not apply to grants made from sources of money other than those designated as "grants and aids" in a Florida appropriations act. There may be occasions when State grants and aids appropriations, moneys received from a State agency include Federal moneys. Certain changes to these rules have been made to assist State agency Federal award pass-through recipients in their effort to implement new Federal requirements (i.e., Single Audit Amendments of 1996 and revised OMB Circular A-133) while still complying with the Section 216.349, Florida Statutes, requirements. The most significant change to these rules is the requirement that the auditor conduct an examination in accordance with AICPA attestation standards and issue an examination attestation report addressing compliance with the grant requirements. Since the primary objective of a Section 216.349, FIorida Statutes, audit is to determine the recipient' s compliance with the grant provisions (including a determination of whether the grant funds were used for authorized purposes), an examination conducted in accordance with AICPA attestation standards should be sufficient to meet this objective. AICPA attestation standards are not significantly different from AICPA auditing standards and the level of audit work DEP Contract Number W.MT08, Attachment G, Page 2 of 5 necessary to meet this objective would not vary significantly whether done as part of an audit or as part of an attestation engagement. An examination done in accordance with AICPA attestation standards provides a high level of assurance (i.e., an opinion) and should satisfy the monitoring needs of pass-through Federal award recipients. Examinations intended to satisfy such monitoring needs would be limited to the five types of compliance requirements specified in OMB Circular A- 133 for limited scope audits. Another advantage of an examination conducted in accordance with AICPA attestation standards is that the auditor' s examination attestation report is essentially the same regardless of whether or not the grants and aids recipient is a local government, not-for-profit or for-profit organization, or had a financial statement audit. The use of the same report to satisfy applicable Federal subrecipient monitoring requirements and/or State grants and aids appropriations audit requirements should ease administrative burdens imposed on State agencies. The basis for determining which Federal award recipients are required to have a Federal single audit (i.e., amount of Federal awards expended) differs from the basis for determining which grants and aids recipients are required to provide for an audit pursuant to Section 216.349, Florida Statutes (i.e., the amount of grants and aids moneys received). Accordingly, Federal award recipients required to provide for an audit pursuant to the Federal Single Audit Act must prepare a schedule of expenditures of Federal awards whereas State grants and aids recipients required to provide for an audit pursuant to Section 216.349, Florida Statutes, must prepare a schedule of State financial assistance. Because information required for a schedule of expenditures.of Federal awards differs from that required for a schedule-of State financial assistance, State grants and aids moneys that involve Federal awards will have to be included on the schedule of expenditures of Federal awards (when that schedule is required pursuant to the Federal Single Audit Act) and on the schedule of State financial assistance. The schedule of State financial assistance should be footnoted to indicate the extent of duplication of moneys on the two schedules. The auditor must determine from the grant agreement and/or inquiries with the granting agency the level or amount of iesting necessary to report on whether or not the expenditures of the grants were in accordance with all legal and regulatory requirements and that the funds were not used for the purpose of lobbying the Legislature, the judicial branch, or a State agency. Nothing in these rules precludes the auditor from testing grant moneys for both Federal and State requirements at the same time. However, as stated earlier, these rules do require a schedule of State financial assistance and the auditor' s examination attestation report should refer specifically to the schedule of State financial assistance. The schedule of State financial assistance should clearly distinguish State grants and aids moneys from other State financial assistance. Nothing contained in these rules precludes a State granting agency from imposing requirements that are in addition to those specified in these rules. History: New 06-30-93 Amended 06-30-94, 06-30~95, 09-30-97 10.610 DEFINITIONS (1) As used in these Rules, the term: (a) "Local governmental entity" means a county agency, municipality, or special district or any other entity (other than a district school board or community college), however styled, that independently exercises any type of governmental function. (b) "Nonprofit organization" means any organization which meets the definition of a not-for- profit organization provided in Financial Accounting Standards Board Statement 116, Appendix D. DEP Contract ,Number ~,X-.",1708, Attachment G, Page 3 of 5 (c) "For-profit organization" means any organization which is not a governmental entity or a nonprofit organization. General Authority and Law Implemented - Section 11.45, Florida Statutes, and Section 216.349, Flodda Statutes. History: New 06-30-92 Amended 06-30-93, 06-30-94, 06-30-95, 09-30-97 10.620 AUDIT REQUIREMENTS (4) When an audit is required pursuant to Section 216.349, Florida Statutes, the audit shall be an examination conducted in accordance with attestation standards promulgated by the American Institute of Certified Public Accountants. Grantor State agencies may also impose additional requirements. (2) The report produced in compliance with Section 216.349, Florida Statutes, shall contain a schedule of State financial assistance which meets the requirements of the granting agency(s) and a written report which includes an opinion on management' s assertion about the entity' s compliance with grant requirements. Additionally, the report should refer to the schedule of State financial assistance and should indicate whether, in the auditor' s opinion, the applicable management assertions are fairly stated in all material respects. General Authority and Law Implemented - Section 11.45, Flodda Statutes, and Section 216.349, Flodda Statutes. History: New 06-30-92 Amended 06-30-93, 06-30-94, 06-30-95, 09-30-97 10,630 EFFECTIVE DATE These Rules, as amended, shall take effect September 30, 1997, and are applicable to audits for fiscal years ending September 30, 1997, and thereafter. General Authority and Law Implemented - Section 11.45, Flodda Statutes, and Section 216.349, Flodda Statutes. Histow: New 06-30-92 Amended 06-30-93, 06-30-94. 06-30-95. 09-30-96, 09-30-97. Renumbered 09-30-97 (formerly 10.640) DEP Contract Number W.M708, Attachment G, Page 4 of 5 APPENDIX EXCERPT FROM FLORIDA STATUTES, 1997 216.349 Financial review of grants and aids appropriations; audit or attestation statement.-- (1) Before disbursing any funds from a grants and aids appropriation pursuant to a grant or contract, the state agency, or the judicial branch, authorized by the appropriations act to administer the funds and the Comptroller must independently ensure that the proposed expenditure is in accordance with all legal and regulatory requirements and find that the terms of the grant or contract specifically prohibits the use of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency. (2) Any local governmental entity, nonprofit organization, or for-profit organization that is awarded funds from a grants and aids appropriation by a state agency shall: (a) If the amounts received exceed $100,000, have an audit performed in accordance with the rules of the Auditor General promulgated pursuant to s. 11 '.45; (b) If the amounts received exceed $25,000 but do not exceed $100,000, have an audit performed in accordance with the rules of the Auditor General promulgated pursuant to s. 11.45 or have a statement prepared by an independent certified public accountant which attests that the receiving entity or organization has complied with the provisions of the grant; or (c) If the amounts received do not exceed $25,000, have the head of the entity or organization attest, under penalties of perjury, that. the entity or organization has complied with the provisions of the grant. All audits performed or attestation statements prepared under this subsection shall be filed with the granting agency and with the Auditor General. History. - s. 29, ch. 91-109; s, 78, ch. 92-142, Note: The above excerpt from the Florida Statutes is based on Section 216.349, Florida Statutes (1996 Supplement), which was not amended during the 1997 legislative session. The codified 1997 Florida Statutes were not available at the time theses Rules were updated., DEP Contract Number WM708, ~ttachment G. Page 5 or' 5 /~ '-L/( ) City of Sebastian, Florida Subject: Engineering Services with Masteller & Moler for Elkcam Dam Design Supplemental Agreement # q Approved for Submittal by: Thomas Frame, City Manager Exhibits: Supplemental Agreement #9 EXPENDITURE AMOUNT BUDGETED: REQUIRED: $66,315 $ 230,000 Agenda No. ~2~/~' Department Origin: Public Works Martha S. Campbell, Date Submitted: 8/5/98 For Agenda of: 8/12/98 APPROPRIATION REQUIRED: N/A SUMMARY This transmittal is to request Council's approval for Supplemental Agreement #8 to Masteller & Moler's contract for engineering services. The proposed supplemental agreement will be to engineer the reconstruction of Elkcam Dam which is part of Contract No. WM708 with the Florida Department of Environmental Protection. The proposed structure will be relocated east of its current location and will be redesigned to include the ability to control water elevation in the waterway. The contract with Masteller & Moler will be to utilize conceptual designs prepared by Craven & Thompson & Associates which was performed under a ~ant with St. Johns River Water Management District. Masteller & Moler's scope of work will include engineering design, permitting, preparation of cost estimates, and construction plans and specifications. The proposed supplemental agreement is for $66,315 and is within the project budget. This supplemental agreement is subject to FDEP approval prior to proceeding with the work. RECOMMENDED ACT[ON Move to approve Supplemental Agreement #8 with Masteller & Moler for 566,315. DATE: August 4. 1998 SUPPLEMENTAL AGREEMENT #9 MASTELLER & MOLER, INC. 'FURTHER DESCRIPTION OF BASIC ENGINEERING SERVICES AND RELATED MATTERS' Reference is made to the "Professional Services Agreement" dated July 12, 1995. PROJECT NAME: Elkcam Dam Replacement SCOPE OF WORK: Preparation of&tailed design, equipment, cost estimates, and construction plans and specifications for replacement of the Elkcam Dam after the review and evaluation of engineering report for Elkcam and CTA's Master Plan for City's Stormwater Management System Design dated September 1997 as described in Tasks A through C below. TASKS: Task A Review existing reports and data: a) Review Preliminary Engineering Report Elkcam Dam, CTA project' 950091.02, .03, and .04, dated October 12, 1995. b) Evaluate results of CTA's Master Plan for City's Stormwater Management System, Design Development Report, dated September 1997. c) Prepare letter report evaluating existing conceptual engineering product's and prepare a conceptual design engineering sketch of dam replacement with budget construction cost estimate. Report deliverable d) Present to City findings, recommendations for detailed design, issues and cost, etc. Presentation deliverable Task B Develop engineering plans to 70% completion utilizing soils report and sur"eying data and prepare and submit a 40C4 ERP permit application to SJRWMD. Negotiate with SJRWMD until permit secured. The permitting covered in this Agreement is based on the following assumptions: 1. The extensive stormwater hydrologic modeling information prepared by '~CTA" establishing design flow rates for 25 year and I00 year storms can be used and is acceptable to SJRWMD tbr the use in the permit application. No additional modeling will be required by Masteller & Moler, Inc. 2. An Army Corps of Engineers permit(s) will not be required. Page 1 of 3 i I i I i i I i i I I I I I I I I I i SUPPLEMENTAL AGREEMENT #9 (continued) DATE: August 4. 1998 Task C Prepare final engineering construction plans with design details, final contract detailed designs, specifications, and final cost estimate for city review and acceptance. Project ready for advertisement for bids. DELIVERABLES: Presentation Letter Report evaluating conceptual engineering products, conceptual design sketch of dam and budget construction cost (Task A) Reports, Plans & Specifications · Letter Report evaluating existing conceptual engineering products, conceptual engineering design sketch of Elkcam Dam replacement and budget construction cost estimate (Task A) · Design (30%) - Design and construction plans, surveys, soils report, and preliminary cost estimate (Task B) · Design (70%) - Design and construction plans and preparation and submittal of SJRWMD 40C4 ERP permit applicat/on (Task B) ° Final review designs (100%) - Final construction plans and contract specifications and final cost estimate for review by city (Task C) ° Final construction plans and specifications - incorporates comments from city. (Task C) SCHEDULE TASK A TASK B TASK C 30 DAYS FROM Notice to Proceed 90 DAYS FROM Notice to Proceed a~er City review of Task A 30 DAYS FROM Notice to Proceed after City review of Task B Page 2 of 3 DATE: August 4. 1998 SUPPLEMENTAL AGREEMENT #9 (continued) ENGINEERING FEES: I) A manhour estimate for Tasks A, B, & C including supplemental services of soils investigations and surveying is attached. 2) Fees for the herein described services shall be based upon the following schedule. Each task shall not exceed the max/mum value stated. No additional billing for these services shall be made unless approved by the City in advance. 3) Fees will be billed monthly based upon percentage of completion of each task. The City shall reimburse the Consultant for cost of copies, and blue prints in the amount not to exceed $1,135.00. TASK A TASK B TASK C Letter Report on Ex/sting Conceptual Engineering Products $ 5,180.00 Soils Services, Surveying & Design 70% complete and SJRWMD permit submittal $ 45,520.00 Design 100% complete, plans and specifications $ 14,480.00 Cost of Copies & Blueprints $ 1,135.00 $ 66,315.00 Total Supplemental Agreement IN WITNESS WHEREOF, the parties.hereto have made and executed this Agreement as of the day and year first written above. OWNER; THE CITY OF SEBASTIAN By: Name: Title: Thomas W. Frame City Manager Address for giving notices: 1225 Main Street Sebastian, Flor/da 32958 ENGINEER: MASTELLER & MOLER, INC. By:. ~~~~_- Name: Earl H. Masteller, P.E., DEE Title: President Address for giving notices: 2205 14th Avenue Vero Beach, Flor/da 32960 Pa,2e 3 of 3 I 8 88 City of Sebas. tian, Florida Subject: Proposed Contract with Les Solin and Associates for the Land Development Regulations; and Funding Approval from the Undistributed Non- departmental Account Agenda No. Department Origin: City Manager Date Submitted: August 6, 1998 Approved for Submittal by: Thomas W. Frame, City Manager For Agenda of: August 12, 1998 Exhibits: Expenditure Required: Estimate: $ 20-34,000 Amount Budgeted: 0 IAppropriation Required: $20-34,000 SUMMARY As discussed at the Council workshop meeting held on August 5t~, attached is the proposal for the Solin firm to finish through adoption of the new proposed Land Development Regulations for the City. As you recall, Mr. Solin is proposing to also incorporate a consensus approach for the Council prior to conducting workshop meeting on the proposed 'document. The outcome of this approach should enhance the Council's confidence in the content of the document. The cost for this project would be estimated to be an amount not to exceed $34,000. Funding for this project, if approved by the Council, should come from the undistributed Non-departmental account. Currently, a balance of $209,095 exists in the account prior to these costs being exacted. A remaining balance of $175,095 would exist after the Solln contract amount. RECOMMENDED ACTION Move to approve the proposed contract, with Les Solin and Associates, Inc., and authorize the City Manager to execute the contract and approve funding for the contract from the undistributed non-departmental account. AuguSt 5, 1998 Ao. lguSt' 7, 1998, Revised TO: YRO]/1: MEMORANDUM nemorandum updates thc memorandum provided originally provided ~ 5, 1998. It !.04: Prepare Executive Summary of Regulatory Issues and Possible Correet~e Measures. SAI will summarize consents portions achieved at the Cb Coundl Worl~p a~ Well as ~ pom'~te corrective ~ which could b~ adopted to reconcile regulatory, ismes ~h~t need · to be addres~ in the City's utxlated Land Development Code. ALso, preparer a dr~ work program for resolving problems and issues identified by City leadership, ine. ludin8 task$ · necessary to produc~ a pt~blic hearing draft of the Land Development Code. 1.05: . Atlend City Coundi Meeting, Presem Executive Summary to the City C ,og~Cil ~gether rtz proposed work program, ~ and bud!~ inea'u~ a dr~ contr.'t, for refining = Land Developwamt Code. The Phase I ~cl ~roduct win pcovide a City Couo~ : of the Land Development Code, Plmsel ~fimated C~st: Not to F. xeeed: $10,000 PHA~ II CONVEY MANA~. SM w~l work with the City Staff :o ensure that the ~ management program is presented to the City Council in approprlme fo~m and come~ SAI will ~e publi~ di~n of~t~ ordimm~ at the required adoption the City Coundl. Note: T/~ P & Z Commi~o. Aas already eonxi&r~ tl~· ~ ord~ce c~ ~ of bo~ ~/= Co.~re~emi~ Plon a.d t~ Land.Oe~l~pr~, Code. I ar~ i;ot .rare whether Bob ~lli re~ed this tn, oposed ordinance. Ho~evey, one fact is certa~. DCA has saa~ed zhal ~e City mug adopt the concumency management ordinca~ce be ~j~re the State ',a3~'. o~$ ~ Con~e2en.~e Ptart Therefore. a~roval of this ordincmce ne~.da to ~be on a ~ II F_atimated Ceet: No Cha~ SM believes all the necn-~rary research ~ ~e~ ~~e ~b~c ~ ~ ~ ~ ~ ~ ~~t of tt~ C~re~~ aORC" ~d~ r~ ~ ~mpl~e ~ u~e oft~ ~ D~o~ C~e, ~~~~C~ Not~~:~ Su~ of E~t~ Co~ He~ia ~n~: $oiin and .Mscciat~, lac., loo~ lbrw'ard to working -a4~,h ~,¢ Ciq~ !eaderr~ip r%milax~ry isaues dmZ. rig ~ tran.~on period. Ae, cordingly, we pledge to continue respomible prof~siorad s~'vi~ 'in a timely, intoner. es.~en~ive a~d ADDENDUM WO. ~ TO T~ CONTRACT AGR]g~M]~J'(T FOR PROFES~IOIVAL $~RViCg$ BgTW~ ~ CITY OF $~BASTIiW, FLORIDA, . A5S0~12{, IWC., ~ T~ I~CiPAL AG~'qT {Y PURSUANT 1"O {$ "ADDiTiONAL SERVICES" OF' THE PARTIES. IL PROFiL~ONAL S~RVl~ ; ~ zepo~t ~,~oio~, aaz~ingsand~ri~igs, ant commmoun~t oflxoject; and "Coral cnntio~." TI~ · I [ WORK PR~ $CIIZD~7~]: DEVELO~ CODE ~icVISION ~'(D I WORK PROGRA.M '. 1998 ~' - { I A D J~F MI ',Pbgc Ii: Concurre~ Manab~meut ~ , , ~ Phase IH: LD~ Rn, bions/Adoptton COMPLETION DATE NO~', 1998 3, Dccember, 19~S DEI,IVE__RAm.,E P3tODUC~ M, cmormubml: LD~ Bevisfoas #1 Me~or~mbm~ L])C ievis~m #2 M,~-rmtdnm: LDC Rcyistom ~3 i Subject: FY98 City of Sebastian, Florida Culvert Replacements - 4~ Qtr Agenda No. ~O~.OZ~ Approved for Submittal by: Thomas Frame, City Manager Department Origin: Public Works Martha Campbell, Interim Director Date Submitted: 8/4/98 For Agenda of: 8/12/98 Exhibits: EXPENDITURE REQUIRED: $45,272.75 AaMOUNT BUDGETED: $400,000 for SWMS-001 and $35,000 for DR-01-96 APPROPRIATION REQUIRED: N/A SUMMARY This transmittal is to request Council's approval for culvert replacements under the Annual Culvert Replacement Contract with C.R. McLellan. The request includes the installation or replacement of four culverts which are numbered Work Order 40 through Work Order 45. Ail five of the pipes to be awarded are replacements of existing pipes that are failing. The following is a list of the locations and costs: Banyan and Park Park and Oak Street Lanfair Block 366 Blossom Dr Quarry and Autumn $9,915.55 $8,542.70 $9,000.75 $9,383.75 $8,430.00 RECOM;M_ENDED ACTION Move to authorize Work Order #40 thru g45 to C.R.McLellan in the amount of $45,272.75. City of Sebastian 1225 Main Street Sebastian, Florida 5295& Telephone (56I) 589-5550 FAX (561) 589-5570 Subject: Ordinance No. O-98-10 Agenda No. ~- 0 ~? Approved for Submittal by: City Manager Department Origin: City Manager Exhibits: Proposed 0-98- YO Date Submitted: 8/6/98 For Agenda of.' 8/12/98 Expenditure Required: I Amount Budgeted: I Appropriation Required: SUM~RY S'{'AT~iVI~rr City Council directed staff to draft an ordinance to amend the current Code of Ordinances relative to Code Enforcement to bring it into compliance with Florida Statut'es, to include a citation and fine process, and correct a conflict relative to attorney presentation of cases to the Board and attorney representation oft. he Board. Ordinance No. O-98-10 was reviewed at the July 15, 1998 workshop and is presented for first reading. RECONIMi~ND~D ACTION Move to approve the fa-st reading of Ordinance No. 0-98-10 and set a second reading and public hearing for September 9, 1998. 4 6 7 9 10 [1 ORDINANCE NO. 0-98-10 ,MN ORDINANCE OF THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, AMENDING A PORTiON OF CHAPTER 2, ARTICLE VI, DMSION 2, OF THE CODE OF ORDINANCES, PERTAINING TO THE CODE ENFORCEMENT BOARD; PROVIDING FOR PRESENTATION OF CASES TO THE CODE ENFORCEMENT BOARD BY A MEMBER OF THE FLORIDA BAR; PROVIDING FOR THE RECOVERY OF ALL COSTS INCURRED IN PROSECUTING CASES BEFORE THE CODE ENFORCEMENT BOARD; PROVIDING FOR ~ ISSUANCE OF CODE ENFORCEM2ENT CITATIONS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITI~; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABI]LiTY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian employs the use of a Code Enforcement Board, pursuant to Chapter 162 of the Florida Statutes, as a method of enforcing the City's Code of Ordinances and Land Development Code; ~REAS, Chapter 162 of the Florida Statutes under Section 162.07 (2) provides for the recovery of all costs incurred in prosecuting cases before the Code Enforcement Board; and WHEREAS, Chapter 162 provides for the issuance of citations for violation of City Codes; and '~VftEREAS, the City Council of the City of Sebastian has further determined that the current Ordinance pertaining to Code Enforcement Board requires amendments in order to insure that the procedure for entbrcing the City Code of Ordinances and Land /----~ 9 10 11 12 13 14 15 16 17 18 19 2O 21 2-192. Administrative fines; liens. The Board, upon notification by the code inspector that an order of the Board has not been complied with by the set time or, upon finding that a repeat violation has been committed, may order the violator to pay a fine in an mount specified in this Section for each day the violation continues past the date set by the Board for compliance or, in the case ora repeat violation, for each day the repeat violation continues past the date of notice to .the violator of the repeat violation. If a fmrling of a violation or a repeat violation has been made as provided in this part, a hearing shall not be necessary for issuance of the order imposing the fine. (b) Fines. (1) A frae imposed pursuant to this section shall not e~ shall not exceed $500.00 per day f~at 2 Section 1, to read as follows: (e) Development Code is administered in accordance with the principles of due process. NOW TIIEREFORE, BE iT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS: 2, ~-ticle ~V,'~Division 2, Section 2-191 (e), is hereby amended Chapter city if necessary. Section 2. read as follows: (a) Each case before the board shall be presented by the city a~omey a member o(t~¢ Florida Bar with assistance from members of the administrative staff of the Chapter 2, Article VI, Division 2, Section 2-192, is hereby amended to 1 exceed $250.00 per day for a first violation and shall not exceed $500.00 per day for a repeat 2 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 2l violation. (2) In determining the mount of the f'me, if any, the Board shall consider the following factors: a. The gravity of the violation; b. Any actions taken by the violator to correct the violation; and c. Any previous violations committed by the violator. (3) The Board may reduce a fine imposed pursuant to this Said section. The board, however, shall create written criteria for the reduction of frees. criteria shall be adhered to when .considering a request to reduce fines. (4) The Board may recover all costs incurred in the prosecuting of the case before the hoard and such_costs may be included in any lien that ma2~ be_imposed by the Board, as ilrovided for under Florida Statutes Section 162.07. (c) A certified copy of an order imposing a fine may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator. Upon petition to the circuit court, such order may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against the personal property, but such order shall not be deemed to be a court judgment except for enforcement purposes. A fine imposed pursuant to this pan shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit to foreclose on a lien filed pursuant to this section, whichever 2 4 7 9 10 11 12 13 14 16 17 18 19 20 21 occurs first. After 3 months from the filing of any such lien which remains unpaid, the Board may authorize the City Attorney to foreclose on the lien. No lien created pursuant to the provisions of this section may be foreclosed on real property which is a homestead under s. 4, Art. X of the State Constitution. Section 3, Chapter 2, Article VI, Division 2, of the Code of Ordinances of the City of Sebastian is hereby amended by the addition of Section 2-198 and Section 2-199 to read as follows: Statutes. 2,198 Code Enforcement Citation Procedures - General These pro~e4ure~ ~re e~cted pursuavt to Seqtion 162,2l, Florida (2) Citation aulhorizafiQnLapplicafion. A code enforcement Offl.e,.e.r s_o designated by_.the GiBtis authorized to issue a citation to a person ~vh~tk based upon personal investigation, the officer has reasonable catl~e to believe thai the person has committed a civil infraction in violation 9f I duly enacted City c..ocle or or~tinance; the county_court will hear the chargeJ Designation as a code enfQr_c_ement officer does not provide the code enforcement officer with l;he power of arrest or sxlbje_ct the code officer to lhe provisions of ss. 943 t085-943.244, (3) Notificalion prior to citation issuance:procedures. ~ Prior to issuing a citafion,_a code enforcemer~tofficer shall provide notice to thc person that the person has committed a violation of a code or ordinance and shall establish a reasonable time period within which the person, must correct the 4 10 11 12 13 14 15 16 17 13 19 20 21 violation. Such time period shall be no more than 30 days. If, upon per~.0~aal investigation, a code enforcement officer fmds that the person has not correCted the violation within the time period, the code enforcement officer m..m..~ay issue a citation to the pe so no nas eomm~eA the v29[ation. A code enforcement officer_does not have to provide the persqg with a reasonable time period to correct the violation prior to i~u~ng a citation ~d may immediatelv issue a citation if the code enforcement 0fti.cer has reason to believe that the violation presents a serious_llxreat to the public health, safety, or welfare, or if the violation is irreparable or irreversible. Notwithstanding the preceding ~cL 2-198 (3) (a), the City Council ~hall a~lQpt, by resolution, a schedule of violations and penalties to be a~e~O b~ code enforcement officer, includiog standard_n_ofificati_on time periods_fox specific types of violations, said time peri04$ not exceeding 30 days. ~) A citation issued by a code enforcement offi~;e.r shall be in a form prescribed by the City and shall qontain: 2. The dat~ and time of issuance. The nome and address of the persorl to whom tll~ citation is The dale and fimeflxe civil infraction was comnxiRe~t~ The fact~_qonsfimfing reasonable._~ause. The numbcr_0fthe section of the code or ordinance violated. The name,'md authority of the code enf0rcement officer. 5 10 11 12 13 14 15 16 17 18 19 2O 21 7. - ]tte procedure for the person to follow in order to pay the civil penalty or to contest the citation. 8_, The applicable civil penalty if the per~Qrt_elects to contest the ffttation. 9. The al~plicable civil penalty if the person elects not to contea the citation. !0. A conspicuous statement that if the person fails to pay the civil penally within the time allowed, or Jails to appear in court to ~ontest the citation, he ~hall be deemed to have waiy_ed his right to contest_the citation and that. in such case. judgement may be entered against the person for an mount up to the maximum civil penally~ (4) After i~ing acitation to aU ~!leged violator, a code enforcement officer shall deposit the original citation and one c,.opy of the citation with the county court, f,~ Any person who willfully refuses to sigsl and accept a citation issued by a code enforcement officer shall be guilty 9[ a misqlelrteanor of the second degree, l~gllishable as provided in s. 775.082 s. 775.083., (6) The provisions ofthis section shall not: apply tO the enforcement of buildi~ng ~(1~ adOlated pursuant to_s. 553.73} F.S.~as they apply to constmction~ provided ~_at a building permit is either not required, or has been i$~!~ed by the City. 7~ The pmvi,q[~ns of this section are_all addifiona~l and supplemental 6 1 section shall 4 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 means of enforcing. C it3r codes_and ordinances: nothing contained in this prohibit the city_from erfforcing [t~ codes or o_rdinances by any other mean~, Sec. Florida Statutes, ~ C.9(k_l~nforcement Citation Procedures - Contracting (1) These procedures are enacted pursuant to Section 489.127, (2) A code erffqmeme~t officer so designated by the City may issue a ~jtation for any violation of ss. 489.127 (1) or s. 489-132(1), E.S. (.relating to unlicensed, uncertified or ~-u'egjstered contractors), or for a_ny violation of (2h~pter 26, Cil~/of Sebastian Code of Ordinances. whenever, based upqu personal investigation, the code enforcemqut officer Il.as reasonable and probable cause to believe_that ~uch a x4olafion has occurred. O,1 A contracting_citation issue~l b7 a code enforcement offiqqr shall be in aform preached by the City and shall contain the information outlined in Sec. 2,198 (3) Co), items 1-9, (4__) Penalties. The City Council sholl adopt, by reso~tion, a schedule of penalties to be assessed by the code enforcement officer, for each prohibited contracting activity as ~et forth hl.~, 489.127 (.1] ired 489.132(1), F.S.o and Chapter 26, CiBr of Sebastian Code of Ordi~a,nces. The ma,mm civil penalty which may be levied shall rto..t Each da7 a will~L k/lowing violation continues shall constitute a separate e~eed $500t00. offen~.~ Cessation of Violations; Hearing Procedures. La) The act for whickthe citation is issued shall be ceased 7 2 4 5 6 7 10 11 12 13 14 15 16 17 18 19 20 21 upon receipt of the citation. The person charged with the vi011tfion shall elect either to correct the violation and pay the cjyil penaltg in the m~er indicated on the citation or, within 10 da.vs of_receipt of the citation, exclusive of weekends and legal h~l~days, reques~ an administrative heating to appeal the issuance of the citation by the code enforcement officer. Said administrative heating shall be held before file city code enforccnlent board. Any person Wtlo willfully refilaes to sign and accept a citation used_by a code eaforcement officer commits a misdemeaoor of the second degree, punishable as provided for in s. 775.082 or 775L08.3,_17.S, 1~ Failure of a violator to appeal the decision of the code enforcement officer within the time pefiQ~l set forth in the preceding pa, ragrl~ph ~hRll constitll.te a waiver of the violal[or'$ right to an administrative hearing. A waiver of the fight to ~ a,01uinistrafive hearing shall be deemed aa admission of the violation and_llenalfies may be imposed accordinglY: (c) If the llerson receiving the citation, or his designated repre~¢rttal:i~, shows that the citation is invalid or that_the vioJafion has been corrected prior t9 appearing before the city Code Enforcement Board. the enforcement board shall dismiss the citation unle_,ss, with regard Io a corrected violittiqrl, !;lac violation is irreparable or irreversible, (d) If the enforcement board finds that violation exists, the enforcement board may order the violator to pay civil penalty of not le$$_.th_a.rl 8 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 mount s_et forth on the citation but not more than $500,.00 per day for each violation. In determining the amount of the pertalty, the enforcem¢llt boarck Qrd_esignated special master shall consider the following factor$l 1. 2. 3. The gravity of the violation. Any actions taken by &e violator to correct the violation, Any_previous violafion~ committecl by the violator.~ Upon_mitten notification by the code enforcement officer iha~ a k'iolafion has not been corrected with~ the timeframe set forth orr the citation ( as applicable), lla¢ elkforccr0ent board ~hall char_an qrder ordering ~e violator to pa.v the civil penalty set for on the citation, and a hearing shall nom..be l!~qe~ary for the issuance of such order. ~ A certified copy of any order impQsing penalty against an uncertified contractor may be recorded in the l~ublic records ~nd thereafter shall constitu~e_a lien against any real or gersonal property owned:by the violator. The lien may be foreclosed upon after 3 months from the filing of any such lien_which rg~ains unpaid, ia accordance with the provisions of ss. 487.127 (3) (h), F.$~. (6) Appeal to C[r~uit. C. oml. An aggrieved partT~ including the local governi_ng body. may aplxal_a final administrative order of the enforcement board or designated special mater_ia ~c. ircuit court. Such an apl/¢al shall not be a heating_de novo but shall be limited to appellate review of the record created before the enforcemen~ board 9 2 4 6 10 11 12 13 14 15 16 17 18 19 20 or designated special mater~ An appeal shall be filed within 30 da~s of the execution of the order to be appealed. (7) S_e~ving.0fNofices. All notices required by this section sh~ll be provided to the alleged violator 1~ certified mail. returo receipt requested; by hand delivery hz.the sheriff or other law enforcement officer or code enforcement officer; by leaving the rtofice at ~e violator's usual place of residence witla some person 0fhis family aboye 15 years of pge and informing such person of the contents of the notice; or by in.~luding a hearhlg_date within tire ¢il~tion, (8) Nothing contained in this section shall prohibit the City from e~forcing its codes ~lr or. fli/10iI~e$ by any other means, Section 4, CONFLICTS. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Secti01a 5. CODIFICATION. It is the intention of the City Council of the City of Sebastian, Indian River County, Florida, and it is hereby provided that the provisions of this ordinance shall become and be made a part of the Code or Ordinances of the City of Sebastian, Florida; that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and the word "Ordinance" may be changed to "Section," "Article" or other appropriate designations. Section 6~ SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this ordinance is invalid or unconstitutional, the remaining 10 10 11 12 13 14 15 16 17 18. 19 2O 21 22 23 24 provisions of this ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this ordinance without said invalid and unconstitutional provision, thereby causing said This ordinance shall become effective remainder to remain in full force and effect. Section 7. EFFECTIVE DATE. immediately upon its adoption. The foregoing ordinance was moved for adoption by . The motion was seconded by Councilmember upon being put to a vote, the vote was as follows Mayor Ruth Sullivan Vice Mayor Martha S. Wininger Councilmember Larry Paul Councilmember Louise Cartwright Councilmember Chuck Neuberger The Mayor thereupon declared this ordinance duly passed and adopted this day of ,1998. Council member CITY OF SEBASTIAN, FLORIDA ATTEST: By:. Ruth Sullivan, Mayor Katluyn M. 0'Halloran, CMC/AAE City Clerk 11 1 2 3 4 5 6 7 9 10 11 i HEREBY CERTIFY that notice of public hearing on this ordinance was published in the as required by State Statute, that one public hearing was held on this ordinance at p.m., on day of ,1998, and the following said public hearing by this ordinance was passed by the City Council. Approved as to form and content: O'Halloran, CMC/AAE City Clerk City Attorney 12 i City of Sebastian, Florida Subject: Asphalt Recycling Change Order Agenda No. ~S. ~)~' Approved for Submittal by: Thomas Frame, City Manager Department Origin: Public Works Martha Campbell, Acting Director Date Submitted: 7/24/98 Exhibits: EXPENDITURE REQUIRED: $ 7,773.52 For Agenda of: 8/12/98 AMOUNT BUDGETED: $ APPROPRIATION REQUIRED: N/A SUMMARY This transmittal is to request Council's approval for a change order with Asphalt Recycling's Purchase Order for milling Dempsey Street and Braddock Street. After construction began, it became apparent that the scope of the project was insufficient to complete the job satisfactorily. Additional portions of Braddock Street and Dempsey Streets had to be authorized for recycling. This change added $7,773.52 to the purchase order for a total new amount of $27,814.36. This amount is different from the amount referred in the July 23, 1998 memorandum prepared by the City Manager. The difference is due to an incorrect value for lineal footage in the engineer's spreadsheet. The mount increased by $3,550.52. The work has been performed satisfactorily and is an enhancement to the neighborhood. RECOMMENDED ACTION Move to approve change order xvith Asphalt Recycling for $7,773.52. I City of Sebastian, Florida 1225 Main Street [] Sebastian, Florida 32958 Telephone (561) 589-5330 El Fax (561) 589-5570 I i Date: To: From: July 23, 1998 Honorable City Council Thomas W. Frame, City Manager ..~~,~ cLJ Ca~-~ I I I Subject: Additional Work on Dempsey and Braddock Street Reconstruction Attached is a memo from Maxtha Campbell, P.E. City Engineer regarding the need to do some additional work at the street sites for the work which was authorized by the City council at its meeting last night on July 22, 1998. Once work was commenced today, and. after reviewing the progress with representatives of Asphalt Recycling, it was determined that additional work needed to be done to insure the long term survivabilit~ of the pavement work. Based on the fact that the work needed to be accomplished, and that the Asphalt Recycling company would be gone a in a day with no ability to come back anytime soon, the Engineer authorized the contractor to proceed. Based on the situation at hand, I agree with the action taken by the Engineer. The mount of additional work is $4,213.66. While the amount is less than the $5,000 cap imposed by the procurement ordinance for which I am authorized to expend, it exceed~ the administrative approval cap of 15% for a defined change order under which T.could normally authorize work. Unfortunately, there is no emergency for economic matters which have allowed an administrative authorization. Since the next regular meeting is not until Au~mist 12, it is not possible bring this matter forward in advance of authorizing the work particularly where the contractor would not be available anytime soon if he were unable to proceed immediately. I have written this memo to advise the Council oft. he action taken and to advise the Council that it is my intent to formally place the matter on the agenda for August 12, 1998, for the Council's approval. i City of Sebastian 1225 MAIN STREET D SEBASTIAN, FLORIDA 32958 TELEPHONE (561)589-5330 ~. FAX (561) 589-2566 MEMORANDUM DATE: July 23, 1998 TO: FROM: SUBJECT: Thomas W. Frame, City Manager Martha S. Campbell, P.E. City Enginee~"~ ~4~O--~. Change to Dempsey & Braddock Street Reconstruction Today, Asphalt Recycling began milling Dempsey Street. While inspecting the area again, it became apparent that the planned scope would be insufficient to complete the job in a satisfactory manner. Originally, it was anticipated that Braddock St. south of Dempsey and a portion of Dempsey Street near Barber'St. would not require milling. This was an error in judgement, in that if these portions were not milled, the resuffacing would fail prematurely due to inadequate base. On that basis, I have directed the contractor to mill these areas. This change will add $4,214 to the purchase order. I I I I City's Project Name: Project Number: Contractor:. Address: Contract Date: City of Sebastian 1225 MAIN STREET P SEBASTIAN, FLORIDA 32958 TELEPHONE (561)589-5490 ~ FAX (561) 58%6209 CHANGE ORDER NO. 1 Dempsey, Braddock paving 23-98-GT001 Purchase Order #: Asphalt Recycling P. O. Box 510875 Metboume Beach, Ft 32951-0875 7-22-98 To: Asphalt Recycling , Contractor By signatures affixed herein, both the City and the Contract ag~'ee to the changes noted below in the subject Contract. The Contractor is hereby notified to proceed once this document is executed by both parties. Additienal lengths-were-required once werk-began on beth-Dempsey and Braddock-Streets. Dempsey from Fleming to Barber 4,790 S.Y. (total) Braddock from Layport to Dempsey 1,985 S.Y. (Total) l City of Sebastian Change Order Project Name Dempsey. Braddock Paving Project No. 23-98=GT001 Purchase Order¢: A) These changes result in the following adjustment of Contract Price: Contract Price Prior to this Change Order Net (Increase)(Decrease) in Price Resulting from this Change Current Contract Price Including this Change Order B) These changes result in the following adjustment of Contract Time Initial Contract Time Net (Increase)(Decrease) in Contract Time Resulting from this Change Order $ 20,040.84 $ 4,214.00 $ 24,254.84 Contractor City of Sebastian BY: Signature BY: Signature Printed Name & Title Ci~ Manager DATED: ,19.1 DATED: City of Sebastian, Florida Subject: Question Regarding the Answering of Questions on An Application to be a member of the Construction Board. Approved for Submittal by: Thomas W. Frame, City Manager Agenda No. Department Origin: City Manager Date Submitted: August 6, 1998 For Agenda of: August 12, 1998 Exhibits: Copy of Original Application submitted by Mr. Jerry Smith Copy o fArticle VI. Boards Commissions, Committees Expenditure Required: [ Amount Budgeted: n/a I n/a IAppropriation Required: n/a SUMMARY As discussed at the last Council meeting, regarding the issue of whether Mr. Jerry Smith inappropriately answered a question on his application for Construction Board appointment, I have requested Mr. Tim Williams to be prepared to discuss the matter at the August 12 meeting. I referenced Article VI as is included as back up to this transmittal. For' your review, I have attached a copy of the original application from the Clerk's office. RECOMMENDED ACTION Pending action should be based on recommendation form the attomey. I ICity of Sebastian, Florida i 1225 Main Street [] Sebastian, Florida 32958 Telephone (561) 589-5330 [] Fax (561) 589-5570 Date: July 21, 1998 To: Honorable City Council From: Thomas W. Frame, City Manager Subject: Concern Over Question Regarding Prior Felony As Council may recall, I was instructed to revieW a complaint that a member of the City's Construction Board had answered a question incorrectly relative to having committed a felony. The particular question was raised as to whether the applicant has ever been convicted of any felony or misdemeanor involving moral turpitude. The subject of the complaint, Mr. Jerald Smith, indicated that it was his interpretation that the question was if he had been convicted of a felony involving moral turpitude. He said his felony conviction was drag related and he didn't think that that was a moral turpitude issue, thus his answer as no. For the Council's convenience, I have enclosed a copy of the application as submitted to the City by Mr. Smith It was my opinion when first asked that the angwer should have been yes. City Attorney, Valerie Settles agreed when I had called and discussed this matter briefly with her. The question for consideration is whether the Council believes the answer submitted by Mr. Smith was intended to be evasive of his felony conviction, or an interpretation of the question which is different than other interpretations. I would only suggest that perhaps the question needs to be re-written relative to clarification if the Council feels that it is not clear. I will await direction on this issue from the Council. It would be my intent to place this matter on the Council's agenda for August 12, 1998 for Council direction. ADMINISTRATION § 2-166 I I I I I I I I I I I I I I I i prudence, discretion and intelligence exercise in the management of their affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. Such investments shall in all respects comply with state law regulating the investment o£ local government funds. (Code 1980, § 2-78) Secs. 2-114--2-135. Reserved. ARTICLE V. Ei~IPLOYEE BENEFITS* DMSION 1. GENERALLY Secs. 2-136--2,145. Reserved. DMSION 2, OLD AGE, SURVIVORS AND DISABILITY INSURANCE? Sec, 2-145. Adopted, The provisions adopted regarding social security are incorporated in this division by reference and are on file in the city clerk's office. Secz. 2-147--2-165. Reserved. ARTICLE VI. BOARDS, COI~H/SSIONS, COM2Vl/'rl~ES:~ DMSION 1. GE,N-ERALLY Sec. 2-166. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section: Board shall mean any board, committee or commission of the city, wkich is established by ordinance as a permanent board or commiuee of the city. Committee shall mean any committee or commission of the city, which is established by resolution to study a specific problem and recommend a solution or policy alternative within *Cross reference--Personnel procedures. § 2-4. ~'State law reference: Social security tar public employees, F.S. ch. 650. $Cross reference~Jurisdiction of the code enforcement board, § 2478: construction board. § 26-191 et seq.; planning and zoning board, ch. 54: board of adjustment, ch. 54. § 2-166 SEBASTIAN CODE a time certain. Its existence shall terminate upon the completion of its assignment or on a date certain as provided by the resolution creating the committee or commission. Neither "board" nor "committee" shall be construed to include the city council. (Ord. No. 0-97-56, § 1, 9-25-97) Sec. 2-167. Appointments. The city council shall make all appointments and reappointments to the boards and committees of the city. Unless waived by the city council and the applicant, the city council. shall interview persons requesting consideration for appointment at a public meeting. Following said interview, the city council shall 511 the vacancy from the list of applicants. All boards and committees shall have at least one alternate member, with a maximum of two alternate members. No member of any city board or committee shall become a candidate for elective political office during his or her term. A letter of resignation shall be tendered to the office of the city clerk at least ten days prior to the first day of qualifying for the office he or she intends to seek. No person shall serve on more than one city board simultaneously. (Ord. NO. 0-9%56, § 2, 9-25-97) Sec. 2-168. last of volunteers. Twice a year advertisements shall be published in a newspaper of general circulation set-ting forth a list of all city boards and committees, special qualifications necessary for membership and the city telephone number to call for additional information. (Ord. No. 0-97-56, § 3, 9-25-97) Sec. 2-169. Announcement of vacancies, applications for consideration, " Vacancies iv~ the membership of a city board or committee shall be announced by the city clerk by posting a notice of same at a public place in the city hall and by publishing a copy thereof in a newspaper of general circulation in the city. Persons wishing to be considered for appointment shall file an application with the office of the city clerk. (Ord. No. 0-97-56, § 4, 9-25-97) Sec. 2-170. ~ualifications. The primary consideration in appointing board and committee members shall be to provide the board or committee with the needed tec,bnical, professional, financial, business or administrative expertise. An applicant's pre~5ous term as a member or an alternate member of the board or committee on which there is a vacancy may be ~ven special consideration. ~¥-henever a current or former member of a board or committee is being considered for appointment or reappointment to a board, the city council shall consider the number and nature of the memoranda of conflict pre~5ously filed by such individual pursuant to ch. 112. F.S., relating to that individual's pre~ous membership on the board or committee for which the Supp. No. 14 CD2:i6 I I I I I I I I I I I I I I I I I I I ADMINISTRATION § 2-172 appointment is being considered. All of the members of each board or committee shall be residents of the city. Additional qualifications may be ordained or be otherwise applicable for a particular board or committee. (Ord. No. 0-97456, § 5, 9-25-97) Sec. 2-171. Terms. Except as otherwise provided by ordinance or by state law, board and committee members · shall be appointed to fill specific three-year terms of membership, which shall be staggered, so that no more than three members of a particular board or committee shall be appointed in any given calendar year. In the event that an appointment is made to fill an unexpired term, the member shall serve until the end of the unexpired term. In no event shall any individual who has served as a member of the board or committee where a vacancy occurs for the greater of two consecutive terms or six years be reappointed to serve another consecutive term as a member of such board o~ committee, unless no other individual, who has otherwise legally quali~ed to serve as a member of said board or committee, has a current application on file with the city clerk seeking appointment to serve as a member of such board or committee. This provision shall not prevent appointment to a · different board or committee. For purpose of this section, the calculation Of service of a board member shall not include time served as an alternate member of the board or committee where the vacancy occurs. (Ord. No. 0-9%56, § 6, 9-25-97). See. 2-172. Removal. Any member of a board or commiRee of the city may be removed from office by the ci.'ty council without cause by a vote approved by at least four members of the entire membership of the city council. Any member of a board or committee of the city may be removed fi.om office for the violation of any provision of state law governing the conduct of elected or appointed officials; conviction in any court for a violation of law involving moral turpitude; misfeasance, nonfeasance or malfeasance in the performance of official duties; or abandonment of office by a majority vote of the members of the city council present at the meeting where said removal is being considered. Upon the direction of a majoritj' of the city. couno!l, a notice of removal ~hall be served upon the member sought to be removed, wkich shall specify the ~ounds for removal. The notice of removal shall be delivered by personal delivery or by ordinary first class mail to the member at the address provided by the records of the city clerk. Service shall be accomplished as soon as is practicable after the city council directs service of the notice of removal. Except as pro,tided in section 2473 below, the notice shall include a statement that :he member has the right to request a hearin~ be£ore the c'ky council and that the request for a hearing must be received by the city clerk on or before :~ date to be specified in the notice which shall be seven days from the date of service if the notice is personally sera'ed, or ten days from the date of mailing if the notice is sera-ed by mail. .~0, [4 CD2:17 § 2-172 SEBASTIAN CODE Upon timely request for a hearing before the city council, the council shall set a date and time for the hearing and direct the city clerk to give the member notice of the hearing. At the hearing, the member may present evidence and argument as to why the removal should not occur. The member may be represented by legal counsel and all proceedings shall be recorded on magnetic tape by the city clerk. The decision of the council may be either to remove, suspend, reprimand or to absolve the member. For purpose of this section, the effective date of removal of a member shall be immediately after the expiration of the time in which the member has the right to request a hearing before the city council. If the member timely reques~ a hearing, and ff the city council decides to remove the member upon the conclusion of the hearing, the removal shall take effect immediately. If a member timely requests a hear~g, but withdraws the request prior to the hearing, the effective date shall be the date on which the request was withdrawn. (Ord. No. 0-97-§6, § 7, 9-25-97) Sec. 2-173. Attendance requirement. Notwithstanding any other provision of this Code, any board or committee member shall be automatically removed if, in a given fiscal year he or she is absent from three consecutive meetings without an acceptable excuse. An "acceptable excuse" is defined as 'an absence for medical reasons, business reasons, personal reasons, or any other reason which the chair of the board or committee deems appropriate. Upon notification by the chair of the board or committee that a member has not complied with the attendance requirement, the city council shall issue an order of removal. The effective date of removal shall be the date on which the order of removal was entered. Removal of board or committee members pursuant to this section shall not be subject to section 2-172. (Ord. No. 0-97-56, § 8, 9-25-97) Secs. 2.174, 2-175. Reserved. DMSION 2. CODE ENFORCEMENT BOARD* Sec. 2-176. Created. (a) There is hereby created and established the Sebastian Code Enforcement Board. board is created and established pursuant to the authority granted pursuant to the Local Government Code Enforcement Boards Act, F.S. §§ 162.01 through 162.13. (b) Those provisions of the Local Government Code Enforcement Boards Act, as set forth in KS. §§ 162.01 through 162.13, which are not inconsistent with this division, are hereby adopted as ordinances of the city. (Code 1980, § 2-91: Ord. No. O~93-16, § i. 2-9-94) *State law references--Code enforcement, F.S. ch. 162; code enforcement board, F.S. §§ 162.01 through 162.13. Supp. No. 14 CD2:18 I I I i I i I I I . 3. 4. 5. 6. 7. APPLICATION TO SERVE ON CITY BOARD NAME: Sr. HOME ADDRESS: ~a06 !26th Ave, FeLlsmere, FL 32948 HOME TELEPHONE: 407 57L-Q438 BUSINESS: J~rv ~m~D-T~ la. ThC. BUSINESS ADDRESS: ~gQ8~USj,_Sgbas%i.a.n,.F~... 32_958 BUSINESS TELEPHONE: 407 589-6818 SOCIAL SECURITY NUMBER: 8. DRIVERS LICENSE NL~BER: ...... 9. RESUME OF EDUCATION AND EXPERIENCE: Attended public school in Massachusetts .and have work in the construction industry for 35 years. (use additional sheets i.f necessary or submit resume if available) 10. 11. i2. 13. 14. 15. Voter registration no. Are you a resident of the City? Yes Length of Residency Do you hold a public office? Yes... No ~ Do you serve on a City Board at present? Yes__ No PLEASE CHECK THE BOARD(S) YOU ARE INTERESTED IN SERVING ON: (Please number in order of preference with first choice being "1") *BOARD OF ADJUSTMENT C~METERY COMMITTEE *CODE ENFORCEMENT BOARD *CONSTRUCTION BOARD , ~ *PLANNING ~ND ZONING HANDICAPPED COMMITTEE What qualifications do you have to serve on this board? ba%~n_invc~zed in the construction industry for most of my life. I am a licensed t~ ~e ~ntr~c%or and o~n and emeL~te a ceramic tile and floorccverinc busines in the City of Sebastian. 17. What reasons do you have for wishing to serve cn an advisory board? AS a business o~-aer in the City cf Sebastian, ! ~-m interested in the continued cro~'th of the are=_ and ~.¢ish to insure that cn!v cua!ified, e:.~erienced, licensed ~-~ .... s ~= ~= :~-orkinc in the cc~i~'' 18. Have you ever been convicted of any felony or any misdemeanor involving moral turpitude in this or any state? Yes. NO .~ 19. Would you consider serving on another Board other than the one(s) you selected above? Yes ... No .~ I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City. of Sebastian to investigate the truthfulness of all information which I have provided in this application. I unde=~'tand that any misrepresentation or omission of information request~ in this application is cause for disqualification or removal. I understand that the City Council of the City of SEBASTIAN may suspend or remove from office any municipal board member for malfeasance, misfeasance, neglected duty, habitual drunkenness, incompetence, or permanent inability to perform his official duties. Further, I understand that the City Council may suspend any municipal board member who is arrested for a felony or for a misdemeanor related to the duties of his office or who is indicated or informed against for the commission of any felony or misdemeanor. I hereby authorize the Sebastian Police Department to run an active warrant check on me. ~plicant Signature /__ Subscribed and sworn to before me this ~ da_y__Df \~~~, 19.9~ by '-J'~rC~[OI -~' ~,~41- S~ , who is~-personal~ly know_~ to me or has produced as idenSification. Notary P~blic, State of Florida Name of NOta~! (Printed or Typed) Camm~ssion No. kws-fcrm\app!ication My Commissicn E~pires: Cecem,~:er £8. 1992 SEIt~xSTiA~ POLICE '"Earle L. Pelly, Chief of Police Po~! Ofllce Box 7801 Sebaallan, FL 32978-01 MEMURANDUM DAIE · October 7, 1992 IU : FREN : SUBJECT : Kathryn M, O'Halloran, City Clerk Investlgator Gary McCarthy Want/Warrant Check - ApPlicant 3erald E. Smith, Sr. A check for wants/warranLs For tile above referenced applicant/board ,~mber reveal that: ~ No active want or warrant For.subject Is on file. ( ) An active warrant or want does exist and follow up will occur. investigator ' ~ -~f , c55~' Sebastian Police Oevartmen[ I I I City of Sebastian 1225 Main Street 5ebaatian, Florida 3295fi Telephone (561) 589~5330 FAX (561) 589-5570 Subject: Review Proposed November and December 1998 Calendars and Reschedule City Council Meetings Accordingly Approved for Submittal by: City Manager Exhibits: Calendars Agenda No. ~fl'~. / ~q Department Origin: City Clerk~x Date Submitted: 7/27/98 For Agenda of.' 8/12/98 Expenditure Required: [ Amount Budgeted: Appropriation Required: ~UMMARY STATEMENT Due to City Hall closings for holidays in November and December, the City Council has historically reviewed calendars for those months and rescheduled its meetings accordingly. Establishing the dates for November and December at this time will will help this office to publish meeting calendars in a timely manner and eliminate any scheduling conflicts. gECOMMF~DED ACTION R~view calendars and schedule City Council meetings accordingly. SUGGESTS]) DATES; NOVEMBER November 4th - 1st Regular Meeting November 18ah - 2nd Regular Meeting -DECEMBER December 2nd - 1st Regular Meeting December 16th - 2nd Regular Meeting