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10281998
ACTION LIST THE FOLLOWING IS A LIST OF ACTIONS TAKEN AND/OR DIRECTIONS GIVEN AT THEI0/28/98 SPECIAL MEETING All Follow-up Correspondence should be copied to the file and any file to go in the vault should have its backup material put in chronological order and placed in clips within the file Cit~ Manager, City Attorney, Purchcaving and all other department heaa~ get a full set of drafl minutes, and are responsible for copying whatever is pertinent to their departments, y~re will continue to place copies of individual minutes pages in backup files. 98.008 98.O55 98. I83 presentation of Certificate_- Louis Nicolini - Board of A~ustment - presented copy minutes to file file vault - BOARDS/COMMITTEES Procl0llaation - CommendingKe~ Indian River Beautiful Boaters and Anglers Committm'- presented file copy in vault - CITY COUNCIL - 98 Proclamations Approval of Minutes - 10/14/98 Regular Me~ti0g. 10[21/98 Spegi~l. 10/21/98 Wolkshop - approved (10/14/98 amended) note amendment to 10/14/98 with asterisk on page 12 next to motion sign, seal - copy to library and Finan~ place in book Reading, Public Heating md Final Adoption of Ordinance No. O-98-15 - Amending 1997/1998 Fiscal Year Bodg~t - adopted sign, seal - copy to file, counter blue back original - file vault - 98 ORIG ORD check with Finance Director to see if she needs certified copies of ordinance file backup in vault - FINANCE. 97198 FY Budget note location of backup on green sheet - label "Ordinance O-0.8-15 - see FINANCE - 97/98 FY Budget" - place in 98 ordinance backup folder update \wp-ord~o-98 as to adopted date note amendment to ordinance 0-97-64 on both blue back tabs,, in backup file, in ordinance list (wp-oral\o-98), and in Muaimetrix 98.092 98.095 98.191 98.192 98.089 Second Readiqg..Public Hearhlg and Final Adoption of Ordinance No. O-98-16 - Amellding 1995/1999 Fiscal Year Budget - ad.ted sign, seal - copy to file, counter blue back original - file vault - 98 ORIG OR.D check with Finance Director to see if she needs certified copies of ordinance file backup in vault - FINANCE - 98/99 FY Budget note location of backup on green sheet - label "Ordinance O-98-15 - see FINANCE - 98/99 FY Budget" - place in 98 ordinance backup folder update \wp-ord~o-98 as to adopted da~ note amendment to ordinance 0-98-12 on both blue back tabs, in backup file, in ordinance list (wp-ordh>98), and in MunimeUix Tree Advisocv BQ~gl - Interview and Al>po'mt Ono Reggl0x Member Une.4gired Term to Expire 4/2000 - Herlan appointed letter to Herlan w/appropriate back~ copy minutes to file update board handbook and distribute pages file vault - BOARDS/COMMITTEES - Tree Board First Reading. of Ordinance No_O-98-18 Con_~Ull~'l~ Management - Set Second and Public Hearing for 11/18/98 - approved on first reading - ph 11/18/98 copy minutes to file advertise legal notices on 1 I/4/98 for 1 i/18/98 (check w/Attorney that there arc no specific requirements in accordance with FS) file pending credenza 2nd regular meeting First Reading of Ordin~ce No. O-98-19 Charter Am,l!0/p.~rlt - Set Second Reading and Public HeafiRg for 11/18/98 - approved on first reading - ph 11/18/98 copy minutes to file advertise legal notices on 11/4/98 for 11/18/98 file pending credenza 2nd regular meeting First Reading of Ordinmlc~ No. O-98-10 Code Enforcerll~ll; - Set Second Readirlg ~ PublJ~ ~o~ring for 11/18/98 - approved on first reading as amended - ph 11/18/98 obtain amended ordinance from City Attorney copy minutes to file advertise legal notices on 11/4/98 for l 1/18/98 file pending credenza 2nd regular meeting 2 98.001 98.026 98.193 98.194 98.025 Adopt Resolution No. R-98-47 - Cable Franchise Exter~ion to 12/31/98 - adopted - cable franchise ordinance workshop scheduled for 11/18/98 at 6 pm copy minutes to Linda for monthly calendar update 98meet and upcoming in minutes directory sign, seal - copy to file, counter, Falcon blue back original and file vault - 98 ORIG RES file backup in vault - AGREEMENTS - Franchise note location of backup on green sheet - label "Resolution R-98-47- see AGREEMENTS" - Franchises" place in 98 resolution backup folder update \wp-res~r-98 as to adopted date update \wp-files\agree.cur list (Falcon) index expiration in Munimetrix Apprgx~ ;Supplemental Agreement with icd~ley-I-Jorn and Associate~, Inc. for Barber Street Bfi(;lge Deaig~ Over Ellf~am Waterway in the Amount of $30,000 98,172 - approved copy minutes to file letter to gimley Horn indicating Council action Paul Wagner will follow up on execution of document obtain original document for filing in vault - AGREEMENTS - Miscellaneous (Kimley- Horn) update \wp-files\agree.cur - Kimley Horn Approve Purchase of Yacuulla.Tru~k bom Indian River Count~ Utilities in thcAmount ff $25.000 - approved copy minutes to file file vault - FINANCE - 98 Bids/Purchases Approve Purchase of Seven police Department Replacement Vehicles - Four Ch~rrolet Lumina Patr~Lf, ar$@ $20,089 Each and Two Jeep Cherokee SLJVs (~ $19.899 Each and One Dodge Intr~id (~ $17.488 - FSA/FCA Statewide Bid #98-06-0914 - postponed to 11/4/98 for White's attendance copy minutes to file add to 11/4/98 agenda file pending credenza - I st regular meeting &l;)prov~ C.R, McLellan Anooal Culvert Contract First Quarter l~z4:)enc[it~'~ of $1 t 0.97.,3.,2.Q - approved copy minutes to file Paul Wagner will follow through on execution of work orders 1- 8 letter to McLellan indicating Council action obtain I set of originals and file vault - AGREEMENTS - McLellan Annual Culvert update \wp-files\agree.cur - McLellan Annual Culvert 3 98.195 98.157 Award Bid for Golf C9_~ Landsc~ing prQj~t to Northside Nursery. Fi;, Pierce in the Amount of $7,516,25 - postponed - staff.to bring to Tree Advisory Board and then rebid copy minutes to file file pending credenza Al~lrov.~ Sgond Amendmerll~ J0 Agreement with St. Johns River V]gter Management District for Develo, otnent and Implementati0$~ Qf S~'~ce Water Drainage Managem~n[ Plan - approved - staffto contact S,IRWMD for new contract for signature and City Attorney to sign copy minutes to file Martha called SJRWMD and they will mail new original sign and seal - retain one original - file vault - AGREEMENTS - Interloeal - SJRWMD mail other original back to SJRWMD Manager Matter~ Authorized to solicit sponsors of US 1 median landscape maintenance Authorized to establish task team for recommendation on skateboard park Requested to place donation of computers to Chamber on next agenda by Mr. Paul City Clerk requested to provide copies of County agendas to Council members 4 DRAFT City of Sebastian 1225 Main Street ~ Sebastian, Florida 32958 Telephone (561) 589-5330 E~ Fax (561) 589-5570 E-Mail: cityseb~iu.net SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, OCTOBER 28, 1998 - 7:00 P.M. CiTY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. Mayor Sullivan called the l~gular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. There was a moment of silence. ROLL CALL City Council Present: Mayor Ruth Sullivan Vice Mayor Martha Wininger Mrs. Louise Cartwright Mr. Chuck Neuberger Mr. Law/Paul $taff Present: City Manager, Thomas Frame City Attorney, Rich Sa-lager City Clerk, Kafln3rn O'Halloran Growth Management Director, Traey Hass Public Works Director, Terry Hill City Engineer, Martha Campbell Police Captain, David Puscher Deputy City Clerk, Sally Maio Regular City Council Meeting October 28, 1998 Page Two DRAFT 98.008 98.055 AGENDA MODIFICATIONS (,4I~DITIONS AND/OR DELETIONS) Ihnns not on the written agenda may be added only upon a majoriO, vote of City Council members (R-97-21) None. PROCLAMATIONS, ANNOUNCEMENTS AND/OR PRESENTATJONS A. Presentation of Certificate_- Louis Nicolini - Bo~! qf A4jnstment Mayor Sullivan presented a certificate to Louis Nicolini. Mr. Nicolini thanked City Council for his appointment to the Construction Board. B. Proclamation - Commending Keeg ]~i0n River Beautiful Boaters an~l A~glera Committee Mayor Sullivan presented a proclamation to Keep Indian River Beautiful Boaters and Anglers Committee representative, Ruth Davies, who submitted coastal cleanup results. CITY ATTORNEY MATTERS The City Attorney reported an administrative appeal had been received on the Robert Taylor, Angler's Obsession Code Enforcement case. CITY MANAGER MATTERS The City Manager addressed the following items: 1. Announced a 1.1% increase in the City's gas tax revenues 2. County agreed to turn over Filbert Street but wants deed to Station 8, however, said it was discovered the city does not own property and it is currently in the name of the rescue squad. He recommended the City Attorney and County Attorney discuss the matter. 3. Reported on discussions with Indian River County, Wesley Davis and a private property owner regarding fight-of-way access from the Davis property to County property on Bailey Drive 4. Recommended a program to get sponsors for landscaping medians on US 1 and requested authority to solicit sponsors. Council concurred. 5. Distributed a report on a proposed skateboard park and requested authority to establish a task team to come up with a recommendation for the Recreation Advisory Board and Council. Council concurred. 6. Distributed a proposed cable franchise ordinance and requested a workshop at 6 pm on November 18, 1998, followed by a first reading at the regular meeting. Council concurred, however, Mrs. Cartwright said she was unable to attend, and Mr. Paul said he may not be there. Regular City Council Meeting October 28, 1998 Page Three DRAFT ~)N~I~I~ AGENDA All iten~ on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of cotase~t agenda items unleav a member of City Council ~o requests; in which even~ the item will be removed and acted upon separate~. A. Approval of Minutes- 10/14/98 Regular Meeting, 10/21/98 Special, 10/21/98 Workshop The City Manager read the consent agenda Mayor Sullivan removed tho 10/14/98 page circle 12 to note missing names on the last motion. The City Clerk will correct. MOTION by Sullivan/Neuberger I would move approval of the minutes of the 10/14/98 as amended, regular meeting of 10/21/98, and the workshop of 10/21/98. VOICE VOTE on the motion carried 5-0. 10. pUBLIC HEARING Procedures for public hearings: (R-97-21) · Mayor Opens Hearing · Attorney Reads Ordinance or Re. solution · StaffPresentatlon · Public Input- Limit ofTen Minutes Per Speai~er · StaffSummation . Mayor Close~ Hearing · CouncilAction Anyone Wishing to Sl~eak is Asked to Sign Up Before the Meetin$ When Called, go to the Podium and State Name for the Record 98.183 Second Reading, Public Hearing and Finil[ A~llligll of Ordinance No. 0-98-!$ - A~¢ndi~g 1~997/1995 Fiscal Yei~' Budget ~inanee Director Transmittal 10/22/98. O-98-15) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, IND~ RIVER COUNTY, FLORIDA, AMENDINO THE BUDGET FOR THE FISCAL YFa~ BEGINNING OCTOBER 1, 1997 AND ENDING SEPTEMBER 30,1998; DETERMININO AND FIXING THE AMOLINTS NECESSARY TO CARRY ON THE OOVERNMENT FOR THE FISCAL YEAR; DETEILMININ~ THE AMOUNT OF APPLICABLE FUNDS ON HANIY, ESTIMATING RECEIPTS FOR THE GENERAL FUND, EXHIBIT "A'~, CDBG FUND, EXHIBIT "B'~, DEBT SERVICE FUND, EXI-HB1T "C~, C-OLF COURSE bUND, EXttIB~ "D'~, AIRPORT FUND, EXHIBIT "E'~, CEMETERY TRUST FUND, EXI-HBIT "F'~, LAW ENFORCEMENT CONFISCATED/ABANDONED TRUST FUND, EXHIBIT "G"; LAW ENFORCEMIR4T EDUCATION TRUST FU-ND, tDCHIBrI t~, PUBLIC SAFETY EMPLOYEE TRUST FUND, EXHIBIT 'T~, GENERAL GOVERNMENT EMPLOYEE TRUST FUND, EXttlBrr "J'~, PROVIDiNG FOR SEVERABILITY; PROVIDiNG FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (Ist Reading 10/14/98, Advertised Legal 10/16/98, PI/ 10/28/98) Mayor Sullivan opened the public hearing at 7:35 p.m. and the City Attorney read Ordinance No. O-98-15 by title. The City Manager gave a brief presentation. There being no public input, Mayor Sullivan dosed the public hearing at 7:36 p.m. 3 Regular City Council Meeting October 28, 1998 Page Four DRAFT 98.092 B. MOTION by CanwdghffPaul I move to adopt Ordinance 98-15. ROLL CALL: Mr. N~berger Mr. Paul Mrs. Sullivan Mrs. Wininger - ayc - aye -aye MOTION CARRIED 5-0 $~x)nd Readiag. Public Hearing and Final Adoption of Orclinaac~ No. O-98-16 - Amending 1998/1999 Fiscal Year Budget (Finance Director T.r.~smittal 10/22/95.~O-98-16} AN ORDINANCE OF THE CITY COUNCiL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE BUI~ET FOR THE FISCAL YEAR BEGINNING OCTOBER. 1, 1998 AND ENDING SEPTEMBER 30,199~, DETERMINING AND FIXING THE AMOUNTS NECESSARY TO CARRY ON THE GO~ FOR THE ENSUING YEAR; DETERMINING THE AMOUNT OF APPLICABLE FUNDS ON HAND; ESTIMATING RECEIPTS FOR THE GENERAL FUND, EXHIBIT "A"; CDB(} FUND, EXI-IiBIT "B'~, DEBT SERVICE FUND, EXHIBrr'~'~, 6OLF COURSE FUND, EXHIBIT "D"; AIRPORT FUND, EXHIBIT '~E"; CEMETERY TRUST FIJlqD, EXHIBIT '7'; LAW ENFORCEMENT CONFISCATED/ABANDONED TRUST FUND, EXHIBIT "G'~, LAW ENFORCEMENT EDUCATION TRUST FUND, EXHIBIT "i-F~, PUBLIC SAFETY EMPLOYEE TRUST FUND, EXHIBIT 'T'; GENERAL G-OVERNMIR~ EMPLOYEE TRUST FUND, EXHIBrr "P~, PROVIDINO FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 10/14/98, Advertised Icg,al 10/16/98, PH 10/28/98) Mayo~ Sullivan opened the public hearing at 7:37 p.m. and the City Attorney read Ordinance No. O-95- 16 by rifle. The City Manager gave a brief presentation. There being no public input, Mayor Sullivan closed the public hearing at 7:39 p.m. MOTION by Cartwright/Paul I move to adopt Ordinance 98-16. ROLL CALL: Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 DRAFT Regular City Council Meeting October 28, 1998 Page Five 11. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that ha~ occutmed or was discovered within the previous six months which i~ not otherwise on the agenda - sign-up required - limit often minutes for each speaker The following individuals addressed Council: Ray Halloran, 754 South Fischer Circle, Sebastian. The City Manager gave an update on the air quality of the police station and City Hall. TAPE I- SIDE I1 (7:48p. m.) 12. COMMITTEE REPORT~/J~ECOMMEI~ATION$ 98.095 Tree Advisory Board 1. Interview and Appoint One Regular Member ],~nexpir~ ~eroa to Expire 4/2000 (City Clerk Transmittal 10/19/9% One Al~plieation, Member List, City Council interviewed Danne Herlan. MOTION by Cartwright/Sullivan I move to appoint Dannc Herlan regular member on the Tree Advisory Board, term to expire 4 of 2000. VOICE VOTE on the motion carried 5-0. 13. OLD BUSINESS - None 14. NEW BUSINESS 98.191 Eirst Reading Of Ordinance No, O-98-18 Conoar~nqy Management - Set Second Reading and Public I-leafing for 11118198 (Growth Manageme~l Tfo~mittal. 1012115[8. O-iS- 183 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE CITY OF SEBASTIAN'S LAND DEVELOPMENT CODE BY CREATING ARTICLE IX, CONCURRENCY MANAGEMENT, STATING PURPOSE AND INTENT, PROVIDING CONSISTENCY WITH THE CITY'S COMPREHEHSIVE PLAN, PROVIDING FOR DEFINITIONS, PROVIDING FOR APPLICABH. ITY AND EXEMPTIONS, ESTABLISHING CRITERIA FOR CONCURRENCY AND FINAL DEVELOPMENT ORDERS, ESTABLISHING CONCURRENCY ADMINISTRATION, E~TABLISHING CAPACITY RESERVATION, ESTABLISHING ADOPTED LEVEL OF SERVICE STANDARDS, ESTABLISHING METHODOLOGY FOR DETERMIN~G DEMANDS ON CONCURRENCY FACILrrlES, ~~ DETERMINATION OF AVAILABLE CAPACITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR RESOLUTION OF CONFLICTS; PROVIDING FOR. AN EFFECTIVE DATE. Thc City Attorney read Ordinance No. O-98-18 by rifle only. Regular City Council Meeting October 28, 1998 Page Six DRAFT MOTION by Cartwright/Wininger I move to accept the first reading of Ordinance 98-18 and set the public hearing and second reading for November 18, 1998. ROLLCALL: Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - aye Mrs. Cartwright - aye Mr. Neuberger - aye MOTION CARRIED 5-0 98.192 First R~ling of Ordinml,~ No. O-98-19 Charter Amendmertt - Set Sq~0Rd Re~di~g and Publi~ Hearing for 11/18/98 (Cig, Manlger Trll~ml 10/22/98. 0-98-19) AN ORDINANCE OF THE CITY OF SEI3ASTIAN, I/qDIAN RIVER COUNTY, FLORIDA, SCHEDULINO AN I~;LglZTION TO SUBMrf A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE IV OF THE CITY CHARTER TO PROVIDE FOR A PROCEDURE TO RESOLVE TIES IN k-iI.F~CTIONS FOR OFFICE; PROVIDING FOR THE MANNER IN WttlCH SUCH ELECTION SI-IAJ~ BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF TI-IE BALLOT FOR SUCH I~I.FCTION; DIRECTING THE CITY CLERK TO PROVIDE THE SUPERVISOR OF ELECTIONS WITH A COPY OF THE ORDINANCE; PROVIDING FOR PUBLIC NOTICE OF SUCH ELECTION'; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. O-98-19 by rifle only. There was discussion on defining "lot", however the majority of Council had no problem with the current wording. It was recommended the ordinance be held for the Charter Review Committee. MOTION by Cartwright/Paul I move to accept the first reading of Ordinance 98-19 and set the second reading and public heating for November 18, 1998. ROLLCALL: Mrs. Sullivan - aye Mrs. Wininger - nay Mrs. Cartwright - aye Mr. Neuberger - nay Mr. Paul - aye MOTION CARRIED 3-2 (Wininger, Neuberger - nay) 6 Regular City Council Meeting October 28, 1998 Page even DRAFT 98.089 C. 98.oot D. First Reading of Oxdinance No_O-98-10 Code Enforeem~llL - Set Second Re~lixlg andl~blic Hearing f0r.1 U18/98 (City Manaa, r Trammittal 10/22/98. 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 ENFORCEblENT BOARD; PROVIDINO FOR THE RECOVERY OF ALL COSTS INCURRED IN PROSECUTING CASES BEFORE TIlE CODE ENFORCEMENT BOARD AND PROVIDING FOR THE ISSUANCE OF CODE ENFORCEMENT CITATIONS; PROVIDING FOR THE ENFORCEMENT OF STATUTES 'REGULATING CONTRACTING WITHOUT A LICENSE; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDINO FOR CODIFICATION; PROVIDINO FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. O-98-10 by title only. The City Manager reviewed revised pages 6 and 7 which he had distributed at this meeting (see attached). He said he will bring the matter of Code Attorney MacWilliam's conlxaet to the Council at the next regular meeting. The City Attorney, in response to eoneems expressed by Council relative to inconsistent references to "Code Enforcement Officer" and "Code Enforcement Inspector", definition of "reasonable time", and references to "special master", advised that he would dean up the ordinance. MOTION by Neuberger/Wininger I move approval of Ordinance O-98-10 as amended and revised and cleaned up and set the hearing date for November 18, 1998. ROLL CALL: Mrs. Wininger - aye Mrs. Cartwright - aye Mr. Ncuberger - aye Mr. Paul - aye Mrs. Sullivan - aye MOTION CARRIED 5-0 6iIoi;[ Resolution No. R-9~47 - Cable Franchise Extension to 12/31/98 (Ciw Manager Transmittal 10122/~8. R-98-47) A ~LUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, GRANTING AN EXTENSION OF AN EXISTING NON-EXCLUSIVE CABLE TKLKVISION FRANCHISE FOR A MAXIMUM OF SIXTY DAYS UNLESS ADDITIONAL TIME IS EXTENDED BY PASSAGE OF AN ADDITIONAL RESOLUTION OF THE CITY COUNCIL; PROVIDING FOR THE RETROACTIVE COLLECTION OF ANY FRANCHISE REVENUE; AND PROVIDING FOR AN EFFECTIVE DATE. The City Manager reiterated that there will be a November 18, 1998 workshop on the cable ordinance at 6 pm. 7 Regular City Council Meeting October 28, 1998 Page Eight DRAFT MOTION by Wininger/Cam~ght I'I1 move to approve Resolution R-95-47 extending the franchise of Falcon Cable to December 31, 1998. The City Attorney read Re~olufion No. R-98-47 by rifle. ROLL CALL: Mrs. Cartwright - aye Mr. Ncuberg~ - nay Mr. Paul - ayc IVlrs. Sullivan - aye Mrs. Winingex - aye MOTION CARRIED 4-I (Nenberger - nay) Mayor Sullivan called recess at 8:25 p.m. and reconvened the meeting at 8:38 p.m. AH members were present. 98.026/ 98.172 Al?prove. Sqpplcme.~l Agreement with Kiml~,-Hom and Asso~ial~s. Inc. for Barber Street Bridge l~J. grl Over Elkcam Watex~ay in llao Anlgullt of $30,000 ~ublic Works Tr~nlittal 10/19/98~ l~xhibit 2 Scope of Servic~ MOTION by Cartwright/Paul I move to approve tho Supplemental Agreement with Kimley-Hom for $30,000. ROLL CALL: Mr. Neuberg~ - aye Mr. Paul - aye Mrs. Sullivan - aye Mrs. Winingex - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 98.193 Approve Purchase_ of Vacuum Truck from Indian River County l,lt~lities in the Amount of $25.000 (Public Works Tratlslllittal 10/20/98. Budggt Approval Request, Lettor ~0 IRC) MOTION by Paul/Cartwright I move to authorize the expenditure of $25,000 to Indian River County Utilities for the purchase of the vacuum truck as budgeted. ROLL CALL: Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - aye Mrs. Cartwright - aye Mr. Neuberger - aye MOTION CARRIED 5-0 8 Regular .City Council Meeting October 28, 1998 Page Nine DRAFT 98.194 G. Approve Purchase of Sqven Police De, par~en[ R~lacement Vehicles - Fxmr C~vrolct Lumina Patrol Cars @ $20.089 Each an~t Two Jeep Cherokee SI. Ns ~ $19.899 l~ach and One ~ I~trcpi~l ~ $ !7.488 - FSA/FCA Statewide Bid #98-9fi-0914 (Police Chief Trammittol 10/14/98. ]Sid Award Anno~cemen0 Captain Puscber addressed City Council. TAPE II-SIDE I (:53 p.m. Discussion continued on the bidding, reason for deletion of ABS brakes, need for five year extended warranties, the possibility of purchasing Crown Victoria's rather than Luminas, and using a vehicle impounded by the Sheriff for the unmarked car. The City Manager recommended deferring the matter for attendance by Chief White. MOTION by Wininger/Neuberger I would move to postpone action on the purchase of the vehicles for one week until the questions Mr. Neuberger has raised can be answered. VOICE VOTE on the motion carried 5-0. 98.025 H. Approve C.R. McLellan A~ual Culvert Contract First Quarter Expenditure orS110,973.20 (public Wt:~4cs Tmmmittal 10120/98, V~ork Orcll;r~ 14) MOTION by CartwrightfPaul I move to anthorizo the first quarter ~pcnditur¢ of $110,973.20 for the annual culvert mplacem~t contract to C.R. McLellan. ROLL CALL: Mrs. Wininger - aye Mrs. Cartwright - aye Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - aye MOTION CARRIED 5-0 98.195 I. Award Bid fol' G01f CourseLa0dsc~ing I~r~ect to Northside Nursery, Ft. PierCe in the Amount :~7.~ 16,25 (Purchasing Tr.~nsmittal 10/161~98, Drawing Inserted in BCOIO The City Manager described the proposed landscape area and said ISS prepared the design. DRAFT Regular City Council Meeting October 28, 1998 Page Ten It was recommended that loblolly bay be used rather than areea palms because the palms are not cold hardy. It was also recommended that this item go before the Tree Advisory Board, and that oleander not be used. MOTION by Cartwright/Paul I move to reject the bids for the Golf Course landscaping project and authorize staff to nm the plan by the Tree Advisory Bard and rebid. VOICE VOTE on the motion carried 5-0. 98.157 Al~l)rQYe Second Amendme01; to Agreement with St. Johns River Water Management District for Development and In~[e~mentation of Surfa.~ W~t~r lDraillag~ Mi~lli~gement Plan (Public Works TransmiltaJ !QJ21/98, SJR~MD L~r) Thc City Attorney suggested requesting a new contxact duc to thc fact that it was signed incorrectly by St. Johns. It was suggested that the City Attorney also approve and sign the conlxact. MOTION by Cartwright/Neuberger I move to authorize the City Manager to execute the amended agreement once reviewed and ROLL CALL: Mr. Ncubergcr - aye Mr. Paul - aye Mrs. Sullivan - aye Mrs. Winingcr - aye Mrs. Cartwright - aye MOTiON CARRIED 5-0 15. CITY COUNCIL MATTE. R~ A. Mayor Ruth Sulliyan None. B. yi~ Mayor Martha ~irfv, ger Expressed conco-n for damage to Schumann bikepath caused by County trucks when water lines were installed. She recommended an agreement whereby they repair damage and ~stablishment of a system for inspection. The Public Works Direct said the County has agreed to repair thc damage. 10 Regular City Council Meeting October 28, 1998 Page Eleven DRAFT 16. Mrs. Louise Canwfi~t · Announced the Halloween parade on Saturday, October 31, 1998 Mr. Chuck N~b~rger Discussed the Schumann sidewalk damage Discussed letters he had received regarding activity at the airport Asked for an update on his request for information on downtime on yellow (tape) The City Manager said he will meet with the City Attorney on the matter. Said he had received calls about police volunteers speeding E. Mr. L~'jy POUl Requested that Council members receive County agendas again Asked again that donation of city computers to the Chamber of Commerce be placed on the next agenda. The City Manager said he would do so. Being no further business, Mayor Sullivan adjourned the Regular Meeting at 9:37 p.m. Approved at the ,1998, Regular City Council Meeting. Kathryn M. O'Hallorath CMC/AAE City Clerk Ruth Sullivan Mayor ll ITEM NO. ROLL CALL Mrs. Cartwright Mr. Neubcrger Mr. Paul Mrs. Sullivan Mrs. Wininger ITEM NO.C~. 0 c~ ~ ROLL CAhL Mr. Neuberger Mr. Paul Mrs. Sullivan Mrs. Wininger Mrs. c ,,r i t ITEM ROLL CALL Mr. Paul Mrs. Sullivan Mrs. Wininger Mrs. Cartwright Mr. Neuberger ITEM NO.~)~./~2 ~ Y ROLL CALL 4 Mrs. Sullivan Mrs. Wininger Mrs. Cartwright Mr. Neuberger Mr. Paul ITEM NO. ~7~. d oe~r ROLL CALL Mrs. Wininger Mrs. Cartwright Mr. Neuberger Mr. Paul Mrs. Sullivan //// MOTION SECOND MOTION SECOND MOTION SECOND MOTION SECOND MOTION SECOND ITEM NO. _~(3D / I{OLL CALL Mrs. Cartwright Mr. Neuberger Mr. Paul Mrs. Sullivan Mrs. Wininger ROLL CALL Mr. Neuberger Mr. Paul Mrs. Sullivan Mrs. Wininger Mrs. Cartwfight ITEM NO. ROLL CALL Mr. Paul Mrs. Sullivan Mrs. Wininger Mrs. Canwright Mr. Neuberger MOTION SECOND MOTION SECOND MOTION SECOND ITEM NO. ~>, / 90? ~/9/es j ,,/&~/o.9 MOTION ROLL CALL4 ~ o, ~a 9 ~o ~s. Sulliv~ ~s. W~ger / ~ ~g g ~s. c~~t /7~ ~F / ~ ~. Neuberger ~. Pa~ ':'~ SECOND iTEM NO. ROLL CALL Mrs. Wininger Mrs. Cartwright Mr. Neuberger Mr. Paul Mrs. Sullivan MOTION SECOND ITEM NO. ROLL CALL Mrs. Cartwfight Mr. Neubcrgcr Mr. Paul Mrs. Sullivan Mrs. Wininger ROLL CALL 2 Mr. Neuberger Mr. Paul Mrs. Sullivan Mrs. Wininger -,j Mrs. Cartwright ITEM NO. ROLL CALL 3 Mr. Paul Mrs. Sullivan Mrs. Wininger Mrs. Cam,aight Mr. Neuberger ITEM NO. ROLL CALL 4 Mrs. Sullivan Mrs. Wininger Mrs. Cartwright Mr. Neuberger Mr. Paul ITEM NO. ROLL CALL 5 Mrs. Wininger Mrs. Cartwright Mr. Neuberger Mr. Paul Mrs. Sullivan MOTION SECOND MOTION SECOND MOTION SECOND MOTION SECOND MOTION SECOND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, OCTOBER 28, 1998 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. 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. ROLL CALL Cig, CounCil Present: Mayor Ruth Sullivan Vice Mayor Martha Wininger Mrs. Louise Cartwright Mr. Chuck Neuberger Mr. Larry Paul StaffPresent: City Manager, Thomas Frame City Attorney, Rich Stringer City Clerk, Kathryn O'Hal!oran Deputy City Clerk, Sally Maio l~gular City Council Meeting October 28, 1998 Page Two AGENDA ~ODIFICATIONS (ADDITIONS AND/OR DELETIONS) Item.* not on the written agenda may be added o. ly upon a majority vote of City Council members (R-97-2D 98.008 98.055 PROCLAMATIONS. ANNOUNCEMENTS AND/OR PRESENTATIONS A. Prq~¢ntation of Cert~0~;ate - Lou~ Nicolini - Boarder Adjustment Mayor Sullivan presented a certificate to Louis Nicolini. J B. Proclan~jon - Comme_0_~ling Keep lnc[km River Beautiful Boaters ,tO0 P,l~gl~r~ Committee Mayor Sullivan pre/~ted a proclamation to the Keep Indian River Beautiful Boaters and Anglers Committee. ~/ CITY ATTORNEY MATTI~RS 8. CITY MA~qAGER MATTERS 2 ~ONSENT AGE~/DA AH items on the consent agenda are considered routine attd will be enacted by one motion. There will be no separate discussion of consent agenda it~ts unle~ a nrc'tuber of Cite Council so requests; itt which event, #re item will be removed and acted upon separate~. A. Approval of'Minutes - 10/14/98 t~egular Meeting, 10/21/98 Special, 10/21/98 Workshop 3 10. PUBLIC HEARING Procedures for public hear#res: (R-97-21) · Mayor Opens Hearing Altorno~ Reads Ordinance or Resolution · StaffPresentation ° Public Input - Limit ofTen Minutes Per Speaker Sla~'Sttt~tmatio~ Mayor Closes IIearh~g o Council ,4 ction Anyone Wishing to Speak is Asked to Sign Up Before the Meetfltg. When Called. go lo the Podium and State Name for the Record S¢coI1~ R~ading, Public ~earing and Final Adoption of Ordinance No. O-98-15 - Amending 997/1998 l~iscal Year Budgol (Finance Director Transmittal 10/22/98, O-98- AH ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN. INDIAN RIVER COUNTY, FLORIDA, AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1997 AlqD ElqDING SEPTEMBER 30, 1998; DETERMINING AND FIXING THE AMOUNTS NECESSARY TO CARRY ON THE GOVERNMERqT FOR THE FISCAL YEAR; DETERMINING THE AMOUNT OF APPLICABLE FUNDS ON HAND; ESTIMATING RECEIPTS FOR THE GENERAL FUND, EXHIBIT "A'; CDBG FUND, EXHIBIT "B"; DEBT SERVICE FUND, EXHIBIT "C"; GOLF COURSE FUND, EXHIBIT "D"; AIRPORT FUND, EXHIBIT "E'; CEMETERY TRUST FUND, EXI-IIBIT "IV'; LAW ENFORCEMENT CONFISCATED/ABANDONED TRUST FUND, EXHIBIT "G"; LAW EixlFORCEMENT EDUCATION TRUST FUND, EXHIBIT "II"; PUBLIC SAFETY ElvipLOYEE TRUST FUND, EXHIBIT '?'; GENERAL GOVERNMENT EMPLOYEE TRUST FUND, EXHIBIT "J"; PROVIDINO FOR SEVERABILITY; PROVIDIlqCa FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (1 st Reading 10/14/98, Advertised Legal 10/I 6/98, PH 10/28/98) ~ . (~. ~ Y3n. 4 98.092 Second Rea4i, ng, Public Hearing and Final Adoption of' Ordinal~¢f: No_O-98-L6_- Amending 1998/1999 Fiscal Year Budget (Finance Director Transmittal 10/22/98, 0-98-16) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER l, 1998 AND ENDING SEPTEMBER 30, 1999; DETERMINING AND FIXING THE AMOUNTS iqrECESSARY TO CARRY ON TIlE GOVERNMElqT FOR THE ENSUING YEAR; DETERMINING THE AMOUNT OF APPLICABLE FUNDS ON HAND; ESTIMATING RECEIPTS FOR TIlE GENERAL FLrND, EXHIBIT "A"; CDBG FUND, EXIIlBIT "B"; DEBT SERVICE FLrlqD, EXHIBIT "C"; GOLF COURSE FUND, EXHIBIT "D"; AIRPORT FUND, EXHIBIT "E"; CEMETERY TRUST FUND, EXHIBIT "F"; LAW ENFORCEMENT CONFISCATED/ABANDONED TRUST FUND, EXIEBIT "G"; LAW ENFORCEMENT EDUCATION TRUST FUND, EXHXBIT "H"; PUBLIC SAFETY EMPLOYEE TRUST FLrND, EXHIBIT "I"; GENERAL GOVERNMENT EMPLOYEE TRUST FUND, EXHIBIT "J"; PROVIDING FOR SEVER.ABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 10/14/98, Advertised Legal 10/16/98, PH 10/28/98) 11. INTRODUCTION QF NEW BUSINESS F~OM THE PUBLIC Item that has occurred or was discovered within lite previous six monlits ,vhich is not other~vise on the agenda - sign-up required - limit often re#rotes for each speaker 98.095 12. COMMITTI~E REPORTS/RECOMM ENDATION~ Tree AdvisQty_ Board 1. Interview and Appoint One Regular Member Unexpired Term to Expire 4/2000 (City Clerk Transmittal I0/19/98, One Application, Member List, Ad) 98.191 13. 14. OL~ BUSINESS - None NEW BUSINESS Ao First Reading of Ordinanc~ No. O-9~- 18 Concurrency ManagerqeDt - Set Second Reading and P~l~lifi Hearing for 11/18/98 ~((~roxvth Management Transmittal, 10/21/98~.__O-98-18) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMEN-DiN(} THE CITY OF SEBASTIAN'S LAND DEVELOPMENT CODE BY CREATING ARTICLE IX, CONCURRENCY MANAGEMENT, STATING PURPOSE AND Il, trENT, PROVIDINO CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN, PROVIDING FOR DEFINITIONS, PROVIDING FOR APPLICABILITY AND EXEMPTIONS, ESTABLISHING CRITERIA FOR CONCURRENCY AND FINAL DEVELOPMENT ORDERS, ESTABLISHING CONCURRENCY ADMINISTRATION, ESTABLISHING CAPACITY RESERVATION, ESTABLISHING ADOPTED LEVEL OF SERVICE STANDAILDS, ESTABLISHING METHODOLOGY FOR DETERMINING DEMANDS ON CONCURRENCY FACILITIES, ESTABLISI-IRqG DETERMINATION OF AVAILABLE CAPACITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR RESOLUTION OF CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. 8 98.192 Bo Firsl geading of Ordinanc_e.No. O-98-19 Charter Amendmenl - SeASecond Reading and Public Hearing for 11/18/98 (Ciky Manager Tranllli~till 10/22/98, Q-98-19)_ AN ORDINANCE OF 'rile CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDIJLRqG AN I:.I~RCTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE IV OF THE CITY CH.a~TER TO PROVIDE FOR A PROCEDURE TO RESOLVE TIES IN ELECTIONS FOR OFFICE; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESIABLISI-IING THE FOR.M OF ~ BALLOT FOR SUCH ELECTION; DIRECTING THE CITY CLERK IO PROVIDE THE SUPERVISOR OF ELECTIONS WITH A COPY OF THE ORDINANCE; PROVIDING FOR PUBLIC NOTICE OF SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. 9 98.089 Co First Reading of Ordinance Ng~ Q-9~- 10 Code Enforcement - Set Second Reading and Public [-te,aring for 11/18/98 (City Manager T[ansmittal 10/22/98, 0-98-1 Q) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORK)A, AMENDINO A PORTION OF CHAPTER 2, ARTICLE VI, DIVISION 2, OF THE CODE OF ORDINANCES, PERTAINING TO THE CODE ENFORCEMENT BOARD; PROVIDING FOR THE RECOVERY OF ALL COSTS INCURRED IN PROSECUTING CASES BEFORE THE CODE ENFORCEMENT BOAIU) AND PROVIDING FOR TFl~ ISSUANCE OF CODE ENFORCEMENT CITATIONS; PROVIDING FOR THE ENFORCEMENT OF STATUTES REGUI~IING CONIRACTINO WITHOUT A LICENSE; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDINO FOR CODIFICATION; PROVIDINO FOR SEVERABILITY; AND PROVIDING FOR AN EFFECIIVE DATE. 10 98.001 Adopt Resolution No. R-98-4J - (~0~1¢ Franchise Extension to 12/31/98 (City Manager Transmittal 10/22/98, R-98-4T} A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, GRANTING AN EXTENSION OF AN EXISTING NON-EXCLUSIVE CABLE TELEVISION FRANCHISE FOR A MAXIMUM OF SIXTY DAYS UNLESS ADDITIONAL TIME IS EXTENDED BY PASSAGE OF AN ADDITIONAL RESOLUTION OF THE CITY COUNCIL; PROVIDING FOR THE RETROACTIVE COLLECTION OF ANY FRANCHISE REVENIJE; AND PROVIDING FOR AN EFFECTIVE DATE. 11 98.026/ 98.172 Approve Supplemental Agreement with Kimley-Hom and Associates, Inc. for Barber Street Bridge Design Over Elkcam Waterway in the Amount of $30,000 (Public Works Transmittal 10/19/98, Exhibit 2 Scope of Services) 12 98,193 Approve Purchase of Vacuum Truck from indian River County Utilities in the Amount of $25,000 (Public Works Transmittal 10/20/98, Budget Approval Request, Letter to IRC) 13 98.19~, Approve Purchase of Seven Police Department Replacement Vehicles - Four Chevrolet Lumina Patrol Cars (~ $20,089 Each and Two Jeep Cherokee SUVs (~ $19,899 Each and One Dodge Intrepid (~ $17,488 - FSA/FCA Statewide Bid #98-06-0914 (Police Chie£Transmittal 10/14/98, Bid Award Amaouncement) 14 98.025 Approve C.R. McLellan Almual Culvert Contract First Quarter Expenditure of $110,973.20 (Public Works Transmittal 10/20/98, Work Orders 1-8) 15 98.195 Award Bid for Golf Course Landscaping project to Northside Nursery, Ft. Pierce in the Amount of $7,516.25 (Purchasing Transmittal 10/16/98, Drawing Inserted in Book) 16 98.157 Approve Second Amenchnent to Agreement with St. Jolms River Water Management District for Development and Implementation of Surface Water Drainage Management Plan (Public Works Transmittal 10/21/98, SJRWMD Letter) 17 15. CITY CQU~CIL MATTERS A. Mayor Ruth Sullivan Bo Vice Mayor Martha Wininger Mrs. Louise Cartwright Mr. Chuck Nenberger E. Mr. Larry Patti 16. Being no fitrther business, Mayor Sullivan adjourned the Regular Meeting at 18 City of Sebastian 1225 MAiN STREET u SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, OCTOBER 28, 1998 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK - 1225 MAIN STREET, SEBASTIAN, FLORIDA Indhn'duals will address the City Council with respect to agenda items immediately before deliberation of the item by the City Council - limit often minutes per spealx, r (R-97-21) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. INVOCATION/MOMENT OF SILENCE ¢ 4. [tOLL CALL 5. AGENI)A MODIEI¢3,TIONS (ADDITIQNS AND/OR DEL_I~TIQNS) Items not on gte written agenda may be added only upon a majority vote of City Council members (R-97-21) 6. PROCLAMATI~)NS. ABINOUNCEMELNTS AND/OR PRESENTATIONS 98.0o8 A. Presentation of Certificate - Louis Nicolini - Board of Adjustment 98.055 B. Proclamation - Commending Keep Indian River Beautiful Boaters and Anglers Committee 7. CITY ATTQRNEY MATTER~ 8. ~-'ITY MANAGER MtkTTER$ 1-20 98.18:3 21 -$6 98.092 $7-51 10. 11. CON~;EI'qT AGENDA Ail items on the con. rent agenda are considervd routine attd will be enacted by one motion. There will be no separate discussion of consent agenda item, unle.~ a member ofCio~ Council ~o r~quests; itt whic]t ~.vent, lite item will be removed and acted upon separate~. A. Approval of Minutes - 10/14/98 Regular Meeting, 10/21/98 Special, 10/21/98 Workshop EUBLIC HEARING Procedures for public hearings: (R-97-21) Mayor Opens Hearing · Attorney Reads Ordinance or Resolution o StaffPre.~mtation o Public Input - Limit ofTen Minutes Par Speaker o StaffSummation · Mayor Cloz~ Hearing · CouncilAction Anyone FYi~hing to Speak is Adred to Sign Up Before the Meeting When Called, go to the Podium and State Name for the Record Ao Second Reading. Public Hearing and_Final_ Adoption_of Ordino0.ce No. Q-98-15 - Amending 1997/19~98 Fi~c~t Year Budge[ (Finance DirectQr TrRll~inittal 10/22/98, 0-98-15) AN ORDINANCE OF THE CITY COUNCIL OF/HE CITY OF SEBASTIAN, INDIAN RIVER COUN/Y, FLORIDA, AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1997 AND ENDINO SEPTEMBER 30, 1998; D~G AND FIXING THE AMOUNTS NECESSARY TO CARRY ON THE GOVERNMENT FOR THE FISCAL YEAR; DETERMINING THE AMOUNT OF APPLICABLE FUNDS ON HAND; ESTIMATING RECEIFrS FOR THE OEN'ERAL FUND, EXHIBIT "A'", CDBO FUND, EXHIBIT "B"; DEBT SERVICE FUND, EXHIBIT "C'~, GOLF COURSE FUND, EXi-HBIT "D"; AIRPORT FUND, EXHIBIT "E"; CEMETEKY TRUST FUND, EXHIBIT "F'~, LAW ENFORC~ CONFISCATED/ABANDONI~ TRUST FUND, EXHIBIT "O'~, LAW ENFORCEMENT EDUCATION TRUST FUND, EXI-HBIT "II'; PUBLIC SAFETY EMPLOYEE TRUST FUND, KXHIBrr 'T~, GENERAL GOVERNMENT EMPLOYEE TRUST FUND, EXHIBIT "J"; PROVIDING FOR. SEVERABILrrY; PROVIDING. FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (lst R~adin8 10114/98, Advertised L~gal 10/16/98, PH lOr28ms) Second Reading. Public H~ring and Final Adoption of Qr..4~ance No. 0-98-[6 - Ameading 1998/1999 Fiscal Year. Budget (Finance Director Transmittal I 0/82/98, 0-98- I.6) .' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER i, 1998 AND ENDING- SEPTEMBER 30,1999', DETERMINING AND FIX]NO THE AMOUNTS NECESSARY TO CAP, KY ON Tt{E GOVERNMENT FOR THE ENSUING YEAR~ DETERMINING THE AMOUNT OF APPLICABLE FUNDS ON HAND, ESTIMATING RECEn~T$ FOR THE Gi~2qEP. AL FUND, EXHIBIT "A'~, CDBG FUND, EXHIBIT "B'~, DEBT SERVICE FUND, EXI-HBIT "C~, GOLF COURSE FUND, EXHIBIT "D'; AIRPORT FUND, EXHIBIT "E"; CEMETERY TRUST FUND, EXHIBIT "F', LAW ENFORCEMENT CONFISCATED/ABANDONED TRUST FUND, EXHIBIT "G'~ LAW ENFORCEMENT EDUCATION TR! TST FUND, EXHIBIT "H"; PUBLIC SAFETY EMPLOYEE TRUST FUND, EXHIBIT "1~, GENERAL GOVERN~ EMPLOYEE /RUST FUND, EXHIBIT ". "; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Readin8 10/14/98, Advcflised Legal 10/16/98, PH 10/2_8/98) INTRODUCTION OF_NEW BUSINESS FROM THl~ PI.JBLI(~ Ilem that ha~ occurred or )vas discovered withi, the previous six mottth$ which ix not otherwise on the agenda - sign-up req,tired - limit often minutes for each speaker 12. COMMITTEE REPORTS/RECOMMENDATIONS 98.095 53-60 98.191 61..80 98.19:2 81-86 98.089 87-108 98.001 I09-114 13. 14. Tree Advisory Boar. fl 1. Interviexv and Appoint One Regular Member Unexpired Term to Expire 4/2000 (City Clerk Transmittal 10Il 9/98, One Application, Member List, Ad) OLD BUSiNE:$S - None NEW BUSINESS First R_eatJing of Ordinanc~ No. O-98-18 Concurrency Management - Set Se~:Qn0_~-~gliOg and Publi~ Hearix3g for 11/I 8/98 (_G_roxvth Manageme_r~t_Transmittal, 10/21/98.0-98-18) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE CiTY OF SEBASTIAN'S LAND DEVELOPMENT CODE BY CREATING ARTICLE IX, CONCURRENCY MANAGEMENT, STATING PURPOSE AND INTENT, PROVIDING CONSISTENCY WiTH THE CITY'S COMPREHENSIVE PLAN, PROVIDING FOR DEFINITIONS, PROVIDING FOR APPLICABILITY AND EXEMPTIONS, ESTABLISH~G CRITERIA FOR CONCURRENCY AND FINAL DEVELOPMENT ORDERS, ESTABLISHING CONCURRENCY AD~TION, ESTABLISI-RNG CAPACITY RESERVATION, ESTABLISHING ADOPTED LEVEL OF SERVICE STANDARDS, ESTABLISHING METHODOLOGY FOR DETERMINING DEMANDS ON CONCURRENCY FACR.ITIES, ESTABLISHING DETERMINATION OF AVAILABLE CAPACITY; PROVIDING FOR SE .VERABIL1TY; PROVIDING FOR RESOLUTION OF CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. First Reading. of Ordinance N_.9, O-98-19 Char~er Amendrrlct!t - Set Second_Reading and Publi~_ Heating for I }/18/98 (Cit~ Manager Transmittal 10/22/98, Q-98-19) AN ORDINANCE OF ~ CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDIR.ING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO ~ ELECTORATE IN ORDER TO AMEND ARTICLE IV OF TH]E CITY CHARTER TO PROVIDE FOR A PROCEDURE TO RESOLVE TIlES IN ELECTIONS FOR OFFICF4 PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISI-IING THE FORM OF THE BALLOT FOR SUCH ~:CTION; DIRECTING THE~CITY CLERK TO PROVIDE THE SUPERVISOR OF ELECTIONS WITH A COPY OF THE ORDINANCE; PROViD~G FOR PUBLIC NOTICE OF SUCH ELECTION; AND PROVIDIlqo FOR AN EFFECTIVE DATE. First Reading of Ordinance_No, O-98-10 Code Enforcement - Set Second. R¢0.fli, r~g ~n4 P~blic Heating for 11/18/98 (Citv Manager Transmittal 10/22/98, 0-98-10) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING A PORTION OF CHAPTER 2, ARTICLE VI. DIVISION 2, OF TIlE CODE OF ORDINANCES, PF_.RTAINIlqG TO THE CODE ENFORCEME2qT BOARI~, PROVIDING FOR THE RECOVERY OF ALL COSTS INCURRED IN PROSECUTING CASES BEFORE THE CODE ENFORCEMENT BOARD AND PROVIDING FOR THE' ISSUANCE OF CODE EN_ 3R,CEME~ CITATIONS; PROVIDING FOR THE ENFORCEMENT OF STATUTES REGULATING CONTRACTING WITHOUT A LICENSE; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREW1TH~ PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABRffI'Y; AND PROVIDING FOR AN EFFECTIVE DATE. Adopt_Resolution NOL R-98--*7 - Cable Franchise Extension. to 12/31/98 (_C i~v Managed: Transmittal 1.0L7.~/98. R-98-47~ A RESOLLrI'ION OF THE CfI'Y COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, GRANTIlqG AN EXTENSION OF AN EXISTING NON-EXCLUSfVE CABLE TELEVISION FRANCHISE FOR A MAXIMUM OF SIXTY DAYS UNLESS ADDITIONAL TRvtE IS EXYENDED BY PASSAGE OF AN ADDITIONAL RESOLUTION OF THE CITY COUNCIL; PROVIDING FOR THE RETROACTIVE COLLECTION OF ANY FRANCHISE REVENUE; AND PROVIDING FOR AN EFFECTIVE DATE. 98.026/ 98.172 115-119 Approve Supplemental Agreement with Kimley-Hom and Associates, Inc. for Barber SWeet Bridge Design Over Elkcam Waterway in the Amount of $30,000 (Public Works Transmittal 10/19/98, Exhibit 2 Scope of Services) 98.193 121-124 Approve Purchase of Vacuum Track from Indian River County Utilities in the Amount of $25,000 (Public Works Transmittal 10/20/98, Budget Approval Request, Letter to IRC) 98.194 125-136 Go Approve Purchase of Seven Police Department Replacement Vehicles - Four Chevrolet Lumina Patrol Cars (~ $20,089 Each and Two Jeep Cherokee SUVs ~ $19,899 Each and One Dodge Intrepid ~ $17,488 - FSA/FCA Statewide Bid #98-06-0914 (Police Chief Transmittal 10/14/98, Bid Award Announcement) 98.025 137-154 Approve C.R. McLellan Annual Culvert Contract First Quarter Expenditure of $110,973.20 (Public Works Transmittal 10/20/98, Work Orders 1-8) 98.195 155-156 Award Bid for Golf Course Landscaping project to Northside Nursery, Ft. Pierce in the Amount of $7,516.25 (Purchasing Transmittal 10/16/98, Drawing Inserted in Book) 98.157 15~160 Approve Second Amendment to Agreement with St. Johns River Water Management DistriCt for Development and Implementation of Surface Water Drainage Management Plan (Public WOrks Transmittal 10/21/98, S3rRWMD Letter) 15. CITY COUNCIL MATTERS 16. Ao B. C. D. E. Mayor Ruth Sullivan Vice Mayor Martha Wininger Mrs. Louise Cartwright Mr. Chuck Neuberger Mr. Lany Paul ADJOURN (All meetings shall adjourn at lO:30 p. m. unless extended for up to one half hour by a majority vote of City Counci0 ANY PER~N WHO DEC_JDI~ TO APPEAL ANY DECISION blADE BY THE CITY COUNCIL [filTH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCF~t')tNGS AND MA g NEED TO ENSURE THAT A FF. RBA ~ RECORD OF THE PROCEEDINGS IS MADE. WHICH RECORD INCLUDES THE TEST~IONY AND EVIDENCE UPON WHICH THE APPF_ML IS TO BE HF..4RD. ('286.0105F..~.) IN COMPLIANCE WITH TbI~ AMERiC.4NS IFITH DISABILITIES AC7 (:AD~4), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS IvlEET1NG SHOULD CONTACT THE CITY ~ ADA COORDINATOR AT 589.5330 AT LF~ST 48 HOURS IN ADVANCE OF THIS MEETING. Hearing Assistance Headphones are Available m the Council Chambers for all Government Meetings. Upcoming Meet~ng~z · PubllcForum- Thursday, October29, 1998(3 7pm o Regular Meeting. Wednesday. ,Vovember 4. 1998 (~ 7 pm · Wortcshop (ULUP). Thursday, November IZ 1998 (&. 7 pm Regular Meeting - Wednesday, November 18. 1998 (~ 7pm · RegularMeet~ng - Wednesday, December 2. 1998 ~ 7pm · Regular Meeting - Wednesday. December 16. 1998 (~ 7 pm 2. 3. 4. City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, OCTOBER 14, 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. ROLL CALL City Council Present; Mayor Ruth Sullivan Vice Mayor Martha Wininger Mrs. Louise Cartwright Mr. Chuck Neuberger Mr. Larry Paul Staff' Pre~ent; City Manager, Thomas Frame Acting City Attorney, Clifton McClelland City. Clerk, Kathryn O'Halloran Chief of Police, Randy White Finance Director, Janet Isman City. Engineer, Martha Campbell Deputy City. Clerk, Sallv Maio Regular City Council Meeting Octobcr 14, 1998 Page Two AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon tnajori.ty vote of City Council members (R-97-21) The Mayor requested the Filbert Street property matter be placed on the agenda. Mi'. Ncubcrger withdrew item 15. I. Prior Ap, pr_oval, for Reimbursement of Expenses for Councilmember ~Veuberger to Attend Advanced [nstimte fi~r ~[ected M!micipal Od~cial$ in Sarasota, since he had already. attended an advanced institute with a similar agenda. MOTION by Cartwright/Ncubcrger I move to add item 9A Filbert Street land and delete item I from the agenda. VOICE VOTE on the motion carried 5-0. PROCLAMATIONS. ANNOUNCEMENTS AND/OR PRESENTATIO~I.$ None, CITY COUNCIL MATTERS (Sot Addrcx~ed on 9/23/98) A. Mr. Larry Requested an October 28, 1~98 agenda item regarding offering city computers being replaced to the Chamber of Commerce ' Expressed concern about the new tire store on US I not conforming to the Riverfront'ordinance. The City Manager said he will report back. B. ~alyor R~Ja Sullivan Discussed Pelican Island Preservation Society flash bag dispensers at boat ramps to keep the spoil islands dean C. Vice Mayor Marli4 Winingex Suggested the exterior of Ci.ty Hall be spruced up and that the Tree Board be utilized to improve landscaping Inquired ~vhy City Clerk Matters were not on the Council agenda Suggested the Police Dept. dispatch matter be placed on the agenda for reconsideration, however, the Acting City. Attorney advised that a Councilmember on the majori .ty side of a previous vote would have to bring an item back on for reconsideration Thanked all who had sent cards to her Regular City Council Meeting October 14, 1998 Page Thr~ 98.083 go D. ~_Louise Ca~t~vright Requested that Planning and Zoning Commission minutes be copied to Council members E. Mr. Chuck Neuberggl: Announced that Henry Greco is in Sebastian Hospital and doing well Discussed use of the City compound for trash. The City Manager said he will ecv;ew the m~eter Public Works. Expressed concern for excessive down time for public works equipment. The City Manager said he would report back. Reported that work being done near Main Street is not connected to Collier Club. CITY ATTORNEY MATTER5 None. ffI_TY MANAGER MATTERS A. Filbcr~ Street Property. MOTION by Sullivan/Camvright I would like to make a motion now that we formally request the County Commission to lxansfex the land at Filbert Street from the County to the City and the purpose would be for park use. She added "the purpose of the letter is to request the land and the City Manager can write it." VOICE VOTE on the motion carried 5-0. B. OtherMatters Reported on the location of grant funded trees in Barber Street Sports Complex Said he would place the proposed code enforcement ordinance prepared by Attorney Williams on the October 28, 1998 agenda for first reading Said he would place the proposed charter amendment ordinance prepared by Attorney Williams on the October 28, 1998 agenda for first reading Received a consensus from Council to place Mr. Stringer's proposed legal services contract at a Special Meeting called bv Mayor Sullivan on October 2 l, 1998 at 7 pm Discussed the FRDAP grant which appears later on the agenda Discussed air quail .ty problems at the Police station and in the main City Hall building as reported by Dr. Wil Spaul. TAPE I - SIDE II (7:48 p. tn.) Regular City Council Meeting October 14, 1998 Page Four 98.180 98.131 98.181 98.155 10. 11. CO~qSENT AGSNDA All items ott the conse*tt ag,,nda are considered to be routine and will be enacted by one motion. There will be no separate discussion of consent agenda itema unlexa a member of ClOt Council so requests; in which event, the item will be removed and acted upon aeparate~. A. Approval of Minutes - 9/22/98 Special Meeting, 9/23/98 Regular Meeting, 10/3/98 Special Meeting Washington Birthday Party Request for Use of Community Center on 10/17/98 ~ 1 pm to 5 pm - 100 Persons - A/B Request - Contingent Upon Hiring Police Officer - Security Paid and Age Verified - (City Clerk Transmittal 9/21/98, Application) Seba.qtian Rotary Club Request to Sell Hotdogs and Soft Drinks in River'view Park In Conjunction with Halloween Parade Co-Sponsored by County Recreation and Rotary on Saturday, October 31, 1998 from i pm to 3:30 pm (City Manager Transmittal 10/7/98) Sebastian River High School Band Request to Use East End of Riverview Park for Barbecue and Concert Fundraiser on Saturday, November 21, 1998 from Approximately 9 am to 4 pm (City Manager Transmittal 10/7/98, Wunderlich Letter) The City Manager read the consent agenda. MOTION by Cartwright/Neuberger . I move to approve all items on the consent agenda. VOICE VOTE on the motion earned 5-0. PUBLIC HEARING Second Reading. Public_ Hearing al~ql Final Adol~tion of Ordinance No. O-98-13 - Proposed Charter Amendment for Establishrp~:nt of Charter Review CommiRee_£City Clerk Transmittal 10/6/98L O-98-L3] AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULINO AN EI.ECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORA/E IN ORDER TO AMEND ARTICLE V OF TH~ CITY CHARTER TO PROVIDE FOR THE APPOINTMENT OF A CHARTEF REVIEW COMMITTEE; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHINO THE FORM OF THE BALLOT FOR SUCH pI~FCTION; DIRECTING/HE CITY CLERK TO PROVIDE THE SUPERVISOR OF ELECTIONS WITH A COPY OF THE ORDINANCE; PROVIDING FOR PUBLIC NOTICE OF SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. ( I st Reading 9/23/98, Advertised Legal 9/30/98, PH 10/14/98) Mayor Sullivan opened the public heating at 7:50 p.m., the Acting City Attorney read Ordinance No. 0-98-13 by title, and the Ci,ty Manager gave a brief explanation. 4 Regular City Council Meeting October 14, 1998 Page Five 98.119 B. Mayor Sullivan closed the public hearing at 7:52 p.m. MOTION by Cartwright/Sullivan I move to adopt Ordinance 98-13. ROLL CALL: Mrs. Cartwright - aye Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - aye MOTION CARRIED 5-0 Second Reading. Public Hearing ,3nd Final Adol~tion of Ordinance. No. O-98-14 - ~tal~|j~hir~g Budget Review/~dvisorv Board (City Clerk Transmittal 10/6/98.0-98-14) AN ORDINANCE OF THE CITY OF SI:~ASTIAN, INDIAN RIVER. COUNTY, FLORIDA, ESTABLISHING A B~ET REVIEW ADVISORY BOARD~ PROVIDING DUTIES AND RESPONSIBILITIES; PROVIDING YOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY: AND PROVIDING FOR AN EFFEC~ DATE. (I st Reading 9/23/98. Advertised Legal 9/30/98, PH 10/14/98) The Acting City Attorney read Ordinance No. O-98-14 by title; Mayor Sullivan opened the public hearing at 7:55 p.m.; and the City Manager gave a brief explanation. A brief discussion of the apI~ointment method took place. Mayor Sullivan closed the public hearing at 8:02 p.m. MOTION by Wininger/Paul I move to adopt Ordinance No. O-98-14. ROLL CALL: Mr. Neuberger - aye Mr. Paul - ave Mrs. Sullivan - aye Mrs. Wininger - aye Mrs. Cammght - aye MOTION CARRIED 5-0 Regular City Council Meeting October 14, 1998 Page Six 12. I~[TRODUCTION OF NEW BUSINESS ~ROM THE PUBLIC Item that has occurred or was di.~covered within the previous six ntottth$ and which is not otherwise on the agenda - sign-up required - limit often minutes for each speaker The following individuals addressed City Council: · Don Smith, 208 Poinciana Street, Sebastian · Louise Kautenberg, 973 Oswego Avenue, Sebastian - Fred Wininger, 106 Thunderbird Drive, Sebastian 13. COMMITTEF~ REPORTS/RE CO~IMI~FDATLQjN~ 98.008 Board of A4just~n~ 1. Accept Resignation of I~oui~.Ni~o_linj (_C.[by_Clerk Transmittal 10/6/98. Letter'~ MOTION by Wininger/Neuberger I move to accept the resignation of Louis Nicolini. VOICE VOTE on the motion carried 5-0. 98.154 C~e Enforcement !3Q~'d 1. Interview and Appoint Regular Member Businessmatl Position (.O. ne Application. Member ListLAdver~i~ement) MOTION by Cartwright/Paul I move to appoint l~orma Men'itt to the regular person position, unexpired term to expire in March of the year 2000. VOICE VOTE on the motion carried 5-0. 98.182 Construction Board 1. Intervie~v_an~l Appoint Four_Members as Follows: (Cj_~v Clerk Transmitlal 10/6/98, Four Applic~t, jg. us. Member Li~t. Advertisement) a. One Electrical Contractor - Term to Expir~ 9/3_0/2001 City Council interviewed Michael Hoidridge. MOTION by Sullivan/Neuberger I would move reappointment of Michael Holdridge for the electrical contractor position. VOICE VOTE on the motion carded Regular City Council Meeting October 14, 1998 Page Seven 98.016 14. 15. b. On~ HARV Contractor - Term to Expire 9/30/2001. City Council interviewed Louis Nicolini. MOTION by Paul/Neuberger I'd like to make a motion that Mr. Louis Nicolini is appointed to the Contractor position of the HARV. VOICE VOTE on the motion carded 5-0. c. One Alternate Contractor - Team to Expire 9/30~2001 MOTION by Camwight/Neuberger I move to appoint Scott Taylor one Alternate Contractor position term to expire 9/30/200 I. VOICE VOTE on the motion carried 5-0 d. On~ A~Itcrnat~ Concerned Citizen - Term to Expire 9/30/200 l City Council interviewed Pierre Paquette. MOTION by CartwrightfPaul I move to reappoint Mr. Paquette to the Alternate Concerned Citizen position term to expire 9/30/2001. VOICE VOTE on the motion carried 5-0 Mayor Sullivan called recess at 8:28 p.m. and reconvened the meeting at 8:42 p.m. All members were present. OLD BIJ$INE$~i - None NEW BUSINESS Adopt R, gso~tion No~ R-98-44 - Barber Street Trade Center Final Plat (Growth Management/ Engineering Transmittal 9/23/98, R-98-44, Pl0.LUnder Separ3te Cov~(l A RESOLUTION OF TIlE CITY OF SEBASTIAN, INDIAN RIVER COUNTY. FLOR.IDA, APPROVING THE FINAL PLAT FOR A SUBDMSION KNOWN AS BARBER STREET TRADE CENTER; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDKNG FOR AN EFFECTIVE DATE. Regular City Council Meeting October 14, 1998 Page Eight The City Engineer gave a brief presentation and recommended approval. The City Manager advised that the Acting City Attorney had requested an affidavit from the applicant regarding authorization for signature of the plat (see attached). The Acting City Attorney read Resolution No. R-98-44 by title only. MOTION by Neuberger/Wininger I move to approve Resolution R-98-44. ROLL CALL: Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - aye Mrs. Cartwfight - aye Mr. Neuberger ~ aye MOTION CARRIED 5-0 98.168 _Aqlopt Re~olu~ion No, R-98-45 - Authorizing the..Ci~y Manager tO Agg~ for Florida P-ec~;~tion Deveiopm~;r~t Assistance Pr0gram(FRDAP) Grant (Public Work~ TrilllsmittalgL24/98.1~-.9845) A RESOLUTION OF TH~ CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA. APPROVING AND AlYrHORIZINO THE CiTY MANAGER TO EXECUTE, APPLY FOR AND ADMINISTER, AND TIlE CITY CLERK TO ATTEST. ON BEHALF OF THE CITY OF SEBASTIAN, A FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP) GRANT FOR THE EXPANSION OF RIVERVIEW PARK; PROVIDING FOR REPEAL OF R. F3OLUTIONS ORpARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR All EFFEC~ DATE. '~ The Acting City Attorney read Resolution No. R-98-45 by title. The City Engineer distributed a plat of the property and proposed conceptual plan. Discussion followed on the City Manager's advice that if the Council wanted to retain the marina concept it should seek other than FRDAP funding, TAPE II - SIDE I (8:50 p.m.) funding alternatives, and the possibility of putting out an option purchase contract. MOTION by Paul/Sullivan I move to approve Resolution R-98-45 authorizing the Ci.ty Manager to apply for a Florida Recreation Development Assistance Program Grant (FRDAP). Further discussion tbllowed on ownership of the abandoned right-of-way. i i I I i I I I I I '1 I i I I I I i i Regular City Council Meeting October 14, 1998 Page Nine 98.097/ C. 98.168 98.183/ D. 97.066 ROLL CALL: Mrs. Sullivan Mrs. Wininger Mrs. Camvright Mr. Neuberger Mr. Paul - aye - aye - aye - aye - aye MOTION CARRIED 5-0 A~pt Resolution No. R-98-46 Capital lmpr0vCment Budgq;t Aclj~t~tment to Include Expansion of Riverview Park (Publiq: Wor~ Transmitkal 9/24/98, R.98-46) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUN'rY, FLOPdDA, TO AMEND THE CAPITAL IMPROVEMENT PROGRAM AND BUDGET TO INCLUDE THE RIVERVIEW PARK EXPANSION; 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-98-46 by title. MOTION by Paul/Camvright I move to approve Resolution R-98-46 to amend the Capital Improvement Program and Budget. ROLL CALL: Mrs. Wininger - aye lVirs. Cart'wright - aye M..r. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - aye MOTION CARRIED 5-0 Approve First ReRding of Ordinatlce No, O_-98-L5 -A~endingJ 997/1998 Fiscal Year Budget- Set ~ond Readipg and Public Hearingffor October 28. 1998 (Eit~ance Director Transmittal 10Z8/98. 0-98-15~ AN ORDINANCE OF THE CiTY COUNCIL OF TIiE CITY OF SEBASTIAN, INDIAN RIx 'E'.R COUNTY, FLORIDA, AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1997 AND ENDING SEPTEMBER 30, 1998; DETERMINING AND FIXING THE AMOUNTS NECESSARY TO CARRY ON Tile GOVERNMENT FOR THE FISCAL YEAR; DETERMDIING THE AMOUNT OF APPLICABLE FUNDS ON HAND; ESTIMATING RECEIPTS FOR TIlE GENERAL FUND. EXHIBIT "A"; CDBG FUND, EXHIBIT "B"; DEBT SERVICE FUND, EXHIBiT "C"; GOLF COURSE FUND, EXHIBIT "D": AIRPORT FUND. EXIqlBIT "E"; CEMETERy TRUST FUND, EXIIIBIT "F"; LAW ENFORCEMENT CONFISCATED/ABANDONED TRUST FUND, EXHIBIT "O"; LAW ENFORCEMENT EDUCATION TRUST FUND. ENIilBIT "H": PUBLIC SAFETY EMPLOYEE TRUST FUND, EXHIBIT 'T'; GENERAL GOVERNNtENT EMPLOYEE TRUST FUI',rD, EXHIBIT "J"; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Regular City Council Meeting October 14, 1998 Page T~n The Acting City Attorney read Ordinance No. O-98-15 by title only. MOTION by Paul/Cartwright I move to accept the fa'st reading of Ordinance No. O-98-15, mending the 1997/1998 fiscal year budget, and set the second and a public hearing for Wednesday, October 28, 1998 at 7 pm in City Council Chambers. ROLLCALL: Mrs. Cartwright - aye Mr. Neuberger - nay Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - aye MOTION CARRIED 4.1 (Neuberger - nay) 98.092 Approve First Reading o[ Ordinance No. O-98-16 - Arrlending 1998/19_99 l~i~eal YearBudget - Set Second Reading ,'l~ld Publi.~Hearing for October 28. 1 ~98 (Finance Dire. clot Transmittal 10/_8/98. Q-98-16) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING Tile BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER I, 1998 AND ENDING SF.i:vrEMBER 30, 1999-, DETER.MINING AND FIXING THE AMOUNTS NECESSARY TO CARRY ON THE GOVERNMENT FOR THE ENSUING YEAR; DETERMINING THE AMOUNT OF APPLICABLE FUNDS ON ~ ESTIMATING RECEIPTS FOR THE GENERAL FUND, EXHIBIT "A"; CDBG FUND, EXHIBIT "B"; DF, BT SERVICE FUND, · EXHIBIT '~2'; GOLF COURSE FUND, EXHIBIT "D'; AIRPORT FUND, EXHIBIT "E'~, CEMETERY TRUST FUND, EXHIBIT "ITM, LAW ENFORCE~ CONHSCATED/ABANDONED TRUST FUND, EXI~IBrr "G'~, LAW ENFORCEMENT EDUCATION TRUST HIND, EXHIB~ "IT~, PUBLIC SAFETY EMPLOYEE TRUST FUND, EXHIBIT "1~, GENERAL G(~VERNMENT EMPLOYEE TRUST FUND, ~rr "J"; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The Acting City Attorney read Ordinance No. O-98-16 by title only. Mayor Sullivan distributed documents to Council relative to her concerns about attorney costs. The Finance Director advised that there were no operating expenses in this amendment. MOTION by Paul/Wininger I move to accept the first reading of Ordinance No. 0-98-16, mending the 1998/1999 fiscal year budget, and set the second and a public hearing for Wednesday, October 28, 1998 at 7 pm in City Council Chambers. ROLL CALL: Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - aye Mrs. Cammght - aye MOTION CARRIED 5-0 10 Regular City Council Meeting October 14, 1998 Page Eleven 98.184 F. Approve Fir~[ Rca.dJl~g.of'Qrdinance No. O-98-17 - AtnendingAllowed Culvert Mate.fi_al - Set Second Reading ~104 P~,ll;llj$; Hooting for [ 1/4/9~ LPublic Works Transmittal_] 0/1/98, 0-98-17) AN' ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING, SECTION 20A- 10..2.H.6.i. OF ARTICLE X OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN RELATIVE TO MATERIAL SPECIlqCATIONS FOR CULVERTS AND STORM SEWERS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING, FOR SEVERABRa-Ty; PROVIDING FOR CODWICATION; AND PROVIDING FOR AN EFFECTIVE DATE. The Acting City Attorney read Ordinance No. O-98-17 by title. Discussion took place on the effect of this ordinance on existing contracts. TAPE II - SIDE 1I (9:35 p.m.) MOTION by Wininger/Paul I move to approve the first reading and set November 4, 1998 as the second reading and public hearing for proposed Ordinance 0-98-17. ROLL CALL: Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - aye Mrs. Camvright - aye Mr. Neuberger - aye MOTION CARRIED 5-0 98.185 G. Authorize City Mar~0ger t0 l)elet; Oj~e Authorized Full-Time Cowmunj~ations Technician ! position a~d Establish Two Part Time Commutations Teclmician l, Eositions (Chief of P~lice Transmittal 10/6/98) MOTION by Camwight/Neuberger I move to authorize the Ci.ty Manager to delete one authorized full time Communications Technician I position and establish two part time Communications Technician I positions in the police department, as requested.. ROLL CALL: Mrs. Sullivan - aye Mrs. Wininger - ave Mrs. Cartx;Tight - aye Mr. Neuberger - aye Mr. Paul - ave MOTION CARRIED 5-0 I1 Regular City Council Meeting October 14, 1998 Page Twelve 98.186 H. 9a. tl4 I. 98.187 J. Approve Pur~;hase of John Deere E~xcavator [ 90E_f. rOrrt Nqff Machine .fy in the Atn.ount of $99,923 (Public Works Tragsmittal 10/2/98, WarrangAl, etter, Catalog Aya, ilable for Review in Clerk's Terry Hill and a representative of Neff MachineD, responded to questiona from Council. MOTION by WiningedPaul I move to approve purchase of John Deem Excavator 190E with Neff Machinery for $99,923 and direct the City Manager to negotiate a contract with the company to' extend the warranty period for the length of time that this machinery is not usable during the one year parts and labor warranty period. ROLL CALL: Mrs. Wininger - aye Mrs. Cartwright - aye Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - aye MOTION CARRIED 5-0 Prior &pprovai for Reimbursement of l~xpenses for Co_u...n~ilmember_Ne_gbcrger to Attend Adva~e,.e,A Institute for l~lected ~4unicipal Offjqials in Sar0$ota - November 13-15, 1998 in Accord.~ with State Liltfits (Ci~, Clerk Transmittal 10/8/98, Conference_Information) Mr. Neuberger withdrew his%quest to attend due to prior attendance. , Auth{~fize Use_o[Fuel Tech I~c. (So!~ Source) for R~moval and Replacement; of Fuel Tanks Air~ort in an Awotmt Not to Excee~l $53,365 (CitY Manager Transmittal 10/8/98, Proposal) The City Manager noted that the option 3 can be reduced to about $4,000. MOTION by I move to declare an emergency based on the state mandated deadline for removal of fuel tanks and authorize the use of Fuel Tech Inc., as a sole source provider of services in amount not to exceed $53,000 of which we can deduct about $5,800 which is an amount not to exceed $48,000. ROLL CALL: Mrs. Cartwright - aye Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - aye MOTION CARRIED 5-0 12 I 1 I I I Regular City Council Meeting October 14, 1995 Page Thirteen 98.188~ K. 96.118 &uthorize_Ql2/Manager and Po~ Chief to Proceed to. Implement CO,PS-MOI~ '96 Grallt by Purchase Computer ~;oflware and Hardware - Woive_Bidding Prgcedures Ba~:d_on Sole Source (Police Chief Transmittal 9/25/98~ WaiYe. r &~tification. USA SQf~vare Oug[e. Hardware Vendors Ouote) Mrs. Wininger was excused at 10:10 p.m. MOTION by Sullivan/Neuberger I move to authorize tl~e City Manager and Police Chief to proceed in implementing th,: COPS-MORE '96 grant by purchasing the following items, as requested. I. The Crime File 2000 software package, installation and tra. ining, as quoted, on a sole source basis from USA Software, Inc. at a total cost of $16,015 ofwhich 75% ($12,011) will be paid by grant funds and 25% ($4,004) will be paid as local match from Forfeiture Funds. 2. The hardware package, network and installation, as quoted, from Computer Partners, Inc. at a total cost of $21,064, of which 75% ($15,798) will be paid by grant funds and 25% ($5,266) will be paid as local match fi.om Forfeiture Funds. ROLL CALL: Mr. Neuberger - aye Mr. Paul - aye Mrs. Sullivan - aye Mrs. Wininger - absent Mrs. Camwight - aye 98.189 L. MOTION CARRIED 4-0 /klllhorize City Manager to Tra,n~fer One Surplus 1993 ~hevrolet (201lrice Sedan to ll~[iiln Ri~er_ Count7 Emergg. n~ Services (Police Cllief Tra!l~miRal ~22/98, EMS Letters) TAPE III - SIDE I (10:20 p. tn.) MOTION by Neuberger/Sullivan I move to authorize the Ci,ty Manager to arrange and complete an intergovernmental transfer of one surplus 1993 Chevrolet Caprice sedan, VIN #1GIBL5374NRI31420, from the City of Sebastian to the Indian River Coun .ty Department of Emergency. Services, Emergency Medical Service Division. ROLLCALL: Mr. Paul - aye Mrs. Sullivan - ave Mrs. Wininger - absent Mrs. Camwight - aye Mr. Neuberger - ave MOTION CARRIED 4-0 13 Regular City Council Meeting October 14, 1998 Page Fourt~n 9s.~9o M. Autllorig~ Staff to Proceed with ~bmittal of Paul Kroegel as Nominee for Great Flc~ridian 2000 Award fC_~ Manager Transmittal_ 10(8/98, Davies Letter) MOTION by SullivaWCartwright I would move approval of authorizing staff to proceed with the submittal of Paul Kroege! as the nominee of the Great Flofidian 2000 award. ROLL CALL: Mrs. Sullivan - aye Mrs. Wininger - absent Mrs. Cartwright - aye Mr. Neuberger - aye Mr. Paul - aye MOTION CARRIED 4-0 16. Being no further business, Mayor Sullivan adjourned the Regular Meeting at 10:25 p.m. Approved at the , 1998, Regular City Council Meeting. Ruth Sullivan Mayor Kathtyn M. O'Halloran, CMC/AAE City Clerk, 14 City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 MINUTES SEBASTIAN CITY COUNCIL SPECIAL MEETING WEDNESDAY, OCTOBER 21, 1998 - 7:00 P.M. CiTY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Sullivan called the Special Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. ROL~ CALL Ci[v Council Present: Mayor Ruth Sullivan Vice Mayor Man. ha Wininger Mrs: Louise Cartwright Mr. Chuck Neuberger Mr. Larry Paul StaffPr~..ent: City Manager, Thomas Frame Acting City Attornw, Timothy Williams City Clerk, Kathryn. O'Halloran Deputy City Clerk, Sallv Maio Also Present: City Attorney candidate, Rich Stringcr Special City Council Meeting October 21, 1998 Page Two 8~!~OA~ MEETING iTEMS A. ~nbmittal by Mo, ygr Sullivan Re: Attorney Costs Following a brief discussion of attorney costs submitted by Mayor Sullivan (see attached), motion was made. MOTION by Cartwright/Paul I'd like to move that the numbers provided by Mrs. Sullivan are unrealistic and unsubstantiated requiring absolutely no further attention from either Council members or City staff members. VOICE VOTE on the motion carried 4-1 (Sullivan - nay) 98.118 Proposed Eml~lo_vment Agreem¢_n.t with Attorney Ri_c_tl Stringer Following a brief discussion and input from Mr. Stringer, motion was made. MOTION by Camwight I move to approve the employment agreement between the City of Sebastian and Mr. Rich Stringer with the following corrections: all references to City of Sebastian employees shall be changed to say "full-time exempt City of Sebastian employees"; under Article VI Transition to Full- Time, 'Mr. Stringer shall at[end all public meetings of the City as delineated below and shah spend at least two days per week in the office at City Hall'; under number III, Terminaaon, second line, '... during the first two years, the City shall only be entitled to terminate the agreement Without cause with written notice provided the City paysto Mr. Stringer an amount equal to three months of his current annual salary; next sentence, the change is from 60 days to three months. Vice Mayor Wininger noted that after the two years it goes back to two months and Mrs. Cartwright added "after two years, the same sentence, it goes to two months of his current salary." Mr. Paul seconded the motion at this time. ROLL CALL: Mr. Neuberger - nay Mr. Paul - aye Mrs. Sullivan - nay [,Irs. Wininger - aye Mrs. Cartxwight - aye MOTION CARRIED 3-2 (Neuberger, Sullivan - nay) Special City Council Meeting October 21, 1998 Page Three 5. Being no further business, Mayor Sullivan adjourned the meeting at 8:25 p.m. Approved at the ,1998, Regular City Council Meeting. Ruth Sullivan Mayor Katluyn M. O'I-lalloran, CMC/AAE City Clerk City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 n FAX (561) 589-5570 MINUTES SEBASTIAN CITY COUNCIL WORKSHOP WEDNESDAY, OCTOBER 21, 1998 - 8:45 p.m. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Sullivan called the Workshop to order at 7:00 p.m. ROLL CALL City Council Present: Mayor Ruth Sullivan Vice Mayor Martha Wininger Mrs. Louise Cart~wight Mr. Chuck Neuberger Mr. Larry Paul Staff Present: City Manager, Thomas Frame Acting City Attorney, Timothy Williams City Clerk, Kathryn. O'Halloran Growth Management Director, Tracy Hass Deputy City Clerk, Sally Maio City Council Workshop October 21, 1998 Page Two 3. WORKSHOP ITEMS 98.191 A. Revig~v proposed Concurrency MalcgemenLQrdi~a~c~ (Q-98-[ 8.~ The City Manager said a report on the Comprehensive Land Use Plan amendments had been distributed and requested a workshop on November 12, 1998, which will be followed by a final public hearing on November 18, 1998. Follo~ving a lengthy reviexv of the proposed ordinance, the following changes were made: page 4, line fo'ur - change "a" to "the" on page 8 paragraph 5 - define "de minimus" TAPE I - SIDE Ii (9:30 p. tn.) · page 9 paragraph A last sentence - add "applicable" before "staff" · page 9 - separate paragraph A into txvo paragraphs · page 11 - add language to protect Section 8 on page 11 from being changed since it is language in the comprehensive plan · page 12 - Roadway facility table - City Manager to check on Barber Street and whether it should mn to US 1 · page 13 p~agraph 2 - defme "internal capture rates" on page 13; · pages 14 and 15 - change "multiply" to "multiplying" · page 16 flow chartc change "commission" to "council" First reading of the ordinance will be October 28, 1998. City Council concurred with the November 12, 1998 workshop at 7 p.m. 4. Being no further business, Mayor Sullivan adjourned the Workshop at 10:00 p.m. · ,proved at the 998, Regular City Council Meeting. Ruth Sullivan Mayor Kathl3m~ M. O'Halloram CMC/AAE City Clerk 2 Ci~r of Sebastian 1225 MAIN STREET g SEBASTIAN. FLORIDA 32958 TELEPHONE (407] 589-.5330 [] FAX (407) 589-5570 AGENDA TRANSMITTAL SUBJECT: Ordinance NO. O-98-15 Approved For Submittal By City Manager Agenda No. Dept. Origin: Finance Finance Director ~ Date Submitted: 10/22/98 For Agenda of: 10/28/98 ~/ j,/~ Exhibits: Ordinance NO O-98-15 EXPEND I TLTRE AMOUNT REQUIRED: $ 0 BUDGETED: $ 0 APPROPRIATION REQUIRED: $ 0 ' SUMMARY STATEMENT Ordinance 0-98-15 is an ordinance to amend the FY 1997/1998 budget. The budget amounts by fund remain: General Fund CDBG Fund Debt Service Fund Golf Course Fund Airport Fund Cemetery Trust Fund Law Enforcement Confiscated Trust Fund Law Enforcement Education Trust Fund Public Safety Employee Trust Fund General Government Emu!oyee Trust Fund Total $10,905,926 546,260 20,150 1,259,125 85,845 21,500 1,000 550 2,000 3,065 $12,845 =421 The changes are made within the General Fund, dispersing $19,500 of funds from the Non-Departmental Department "Undistributed" to the Legal Department ($16,500) and Cemetery Division ($3,000) to cover necessary expenditures which exceeded the original budget. The overages in Legal are mainly due to the termination of the City Attorney and the additional expenses of hiring an Acting City Attorney. The overage in the Cemetery Division is primarily due to the unfunded Longevity Bonus and overtime received by one of that division's employees, which was overlooked in the original budget process. As no mid-year amendment was made, we now need to adjust these items at the end of the year. RECOMMENDED ACTION Move to adopt Ordinance No. O-98-15, amending the 1997/1998 fiscal year budget. ORDINANCE NO. O-98-15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1997 AND ENDING SEPTEMBER 30, 1998; DETERMINING AND FLXING THE AMOUNTS NECESSARY TO CARRY ON THE GOVERNMENT FOR THE FISCAL YEAR; DETERMINING THE AMOUNT OF APPLICABLE FUNDS ON HAND; ESTIMATING RECEIPTS FOR THE GENERAL FUND, EXHIBIT "A"; CDBG FUND, EXHIBIT "B"; DEBT SERVICE FUND, EXHIBIT "C"; GOLF COURSE FUND, EXHIBIT "D"; AIRPORT FUND, EXHIBIT "E'; CEMETERY TRUST FUND, EXHIBIT "F"; LAW ENFORCEMENT CONFISCATED/ ABANDONED TRUST FUND, EXHIBIT "G"; LAW ENFORCEMENT EDUCATION TRUST FUND, EXHIBIT "H"; PUBLIC SAFETY EMPLOYEE TRUST FUND, EXHIBIT "i"; GENERAL GOVERNMENT EMPLOYEE TRUST FUND, EXHIBIT "J"; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, an amended budget has been prepared estimating expenses and revenues of the City of Sebastian, Indian River County, Florida, for the 1998 fiscal year, with detailed information, including revenues to be derived from sources other than ad valorem levy, and the administrative staff of the City has made recommendations as to the amount necessary to be appropriated for the 1998 fiscal year; and WHEREAS, the City Council has met and considered the recommendations and the amended budget for the 1998 fiscal year: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, THAT: Section 1. The amended budget of the City of Sebastian, Indian River County, Florida, for the Fiscal Year beginning October l, 1997 and ending September 30. 1998, a copy of which is attached hereto and more particularly identified as Exhibit "A", "B", "C", "D", "E", "F", "G", "H", 'T', and "j", is hereby adopted and the appropriations set out therein are hereby made complete the 1998 fiscal year affairs of the government of the City of Sebastian, indian .River County, Florida. Section 2. All delinquent taxes collected during the 1998 fiscal year as proceeds from levies of operation millages of prior years are hereby specifically appropriated for the use of the General Fund. Section 3. All monies appropriated and encumbered for Capital projects during the · preceding fiscal years and final payment has not been made are specifically re- appropriated for each project as work-in-progress. Section 4. If any clause, section, or other part of this Ordinance shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and shall in no way affect the validity of the other provisions of this Ordinance. Section 5. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 6. This Ordinance shall become effective upon its passage and ~.doption. The foregoing Ordinance was moved for adoption by Councilmember 2 The motion was seconded by Councilmember being put to a vote, the vote was as follows: and, upon Mayor Ruth Sullivan Vice Mayor Martha S. winmger Councilmember Louise R. Cartwfight Councilmember Larry Paul Councilmember Chuck Neuberger The Mayor thereupon declared this Ordinance duly passed and adopted this ,199 . __ day of CITY OF SEBASTIAN, FLORIDA By: Ruth Sullivan, Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to Form and Content: Tim Williams Acting City Attorney 3 CITY OF SEBASTIAN GENERAL FUND SUMMARY REVENUE Taxes Licenses & Permits intergovernmental Charges for Service Fines & Forfeits Miscellaneous Transfers In Other Financing Sources Prior Year Balance TOTAL REVENUE EXPENDITURE City Council City Manager City Clerk Finance Legal Police Human Resources Community Development Emergency Management DPW/Engineering & Admin DPW/Roads and Drainage DPW/Building Maintenance DPW/Central Garage DPW/Parks & Recreation DPW/Cemetery Non-Departmental TOTAL EXPENDITURE EXHIBIT "A' PROPOSED FY 97 - 98 $5,506,940 338,000 '1,336,225 43,715 62,450 142,000 0 3,000,000 476,596 $10,905~926 $18,610 167,030 264,860 278,505 86,350 2,030,221 108,515 530,810 2,350 273,205 1,034,750 182,910 145,435 459,190 82,160 5.24 l~025 $10,905,9~6 REVENUE Intergovernmental Transfer-ha TOTAL REVENUE EXPENDITURE Operating Expenses Reserves and Carryforward TOTAL EXPENDITURE CITY OF SEBASTIAN CDBG FUND EXHIBIT "B" PROPOSED FY 97 - 98 $ 544,170 2,090 $ 546}.~.6_0_ $ 53,260 493,000 $ $46.26Q REVENUE Interest Revenue Fund Balance TOTAL REVENUE EXPENDITURE Operating Expenses Debt Service - Interest TOTAL EXPENDITURE CITY OF SEBASTIAN DEBT SERVICE FUND EXHIBIT "C" PROPOSED FY 97 - 98 $ 20,000 150 $ 20,150 $ 150 20,000, $ 20,150 REVENUE CITY OF SEBASTIAN GOLF COURSE FUND Charges for Service Interest Loan from General Fund TOTAL REVENUE EXPENDITURE Personal Services Operating Expenses Capital Outlay Debt Service TOTAL EXPENDITURE EXCESS OF REVENUE OVER EXPENDITURE OPERATING INCOME AFTER ADJUSTMENTS EXHIBIT "D" PROPOSED FY 97 - 98 $1,229,125 30,000 0 $182,970 797,825, 58,000' 207,850 $ 53,855 REVENUE Intergovernmental Charges for Service Interest Prior Year Balance TOTAL REVENUE EXPENDITURE Personal Services Operating Expenses Capital Outlay Reserve TOTAL EXPENDITURE CITY OF SEBASTI.~N AIRPORT FUND EXd-IIB IT "E" PROPOSED FY 97- 98 $ 0 81,845 4,000 0 $. 85,845 $ 19,790' 24,375 12,200 29,480 $ 85,845 REVENUE Charges for Service Interest Prior Year Balance TOTAL REVENUE EXPENDITURE Operating Expenses Capital Outlay Transfer Out Reserve TOTAL EXPENDITURE CITY OF SEBASTI,~N CEMETERY TRUST FUND EXHIBIT "F" PROPOSED FY 97- 98 $ 17,000 4,500 0 $ 1,500. 0 0 20~C~ $ 21,500 CITY OF SEBASTIAN LAW ENFORCEMENT CONFISCATED/ABANDONED TRUST FUND REVENUE PROPOSED FY 97- 98 Fines & Forfeits $ 0 Miscellaneous 0 Interest 1,000 Prior Year Balance 0 TOTAL REVENUE EXPENDITURE $~ l,O00 Operating Expenses $ 500' Capital Outlay 0 Reserve ........ 5.00, TOTAL EXPENDITURE $ 1,000 EXHIBIT "G" CITY OF SEBASTIAN LAW ENFORCEMENT EDUCATION TRUST FUND REVENUE Fines & Forfeits Interest Prior Year Balance TOTAL REVENUE EXPENDITURE Operating Expenses Reserve TOTAL EXPENDITURE EXHIBIT PROPOSED FY 97 ~ 98 $ 5OO 5O .0 $ $ O' 550' CITY OF SEBASTIAN PUBLIC SAFETY EMPLOYEE TRUST FUND REVENUE Miscellaneous Interest Prior Year Balance TOTAL REVENUE EXPENDITURE Operating Expenses Capital Outlay Reserve TOTAL EXPENDITURE EXHIBIT "I" PROPOSED FY 97 - 98 $ 1,000 2OO 800 $ 2,000 0: 0 $ 2,000 CITY OF SEBASTIAN GENERAL GOVERNMENT EMPLOYEE TRUST FUND REVENUE Charges for Service Interest Prior Year Balance TOTAL REVENUE EXPENDITURE Operating Expenses Capital Outlay Reserve TOTAL EXPENDITURE EXHIBIT "J" PROPOSED FY 97 - 98 $ 3,025 40 0 $ 2,8O0 0 265 $ 3,005 City of Sebastian 1225 MAIN STREET S SEBASTIAN, FLORIDA 32958 TELEPHONE (407)589-5330 ri FAX (407] 589-5570 AGENDA TRANSMITTAL SUBJECT: Ordinance NO. O-98-16 Agenda No. Dept. Origin: Finance Approved For Submittal By City Manager ~~.~'~ Finance Director ~ Date Submitted: 10/22/98 For Agenda of: 10/28/98 Exhibits: Ordinance NO O-98-16 Summary of Changes E~E~ITURE REQUI~D: $618,351 AMOUNT BUDGETED: $618,351 APPROPRIATION REQUIRED: $618,351 SUMMARY STATEMENT Ordinance O-98-16 is an ordinance to amend the 1998/1999 fiscal year budget. The budget amounts are: General Fund CDBG Fund Debt Service Fund Golf Course Fund Airport Fund Cemetery Trus~ Fund Law Enforcement Confiscated Trusu Fund Law Enforcement Education Trust Fund Public Safety Er~ployee Trust Fund General Government EmTioyee Trus5 Fund Total $13,900,815 512,540 48,670 1,497,095 150,270 16,500 40,700 5O0 3,200 4,600 $16,174,890 The changes are deemed necessary in the General Fund due to the following circumstances: The Capital Improvement Budget is being modified to include the proposed purchase of Riverfront property (26-99-DST003), to be funded by $110,000 of Discretionary Sales Tax receipts, and $550,000 by state and local grants; the repairs and modifications necessary to improve the air quality in City Hall; upgrading and replacement of the carpet in the Police Station to improve air quality; and the repairs and modifications necessary to resolve environmental issues surrounding an underground fuel tank recentlY discovered along Indian River Drive. The Lighting @ Schumann Tennis Courts, 26-FY-DST001, is being moved out to 'Future Years'~ due to the fact the City would prefer to use potential grant fun¢i to purchase the Riverfront property, and two grants cannot be obtained in one year. Additional funding for the proposed projects was found at the end of the year when total Discretionary Sales Tax receipts were estimated to exceed the original revenue. estimate by approximately $120,851. Other funds were also' released by un-funding the Schumann Tennis Courts project. The changes are deemed necessary in the Airport fund due to the following circumstance: The "Fuel Farm" facility proposed on July 8, 1998 to Council requires funding. Additionally, the estimate to complete this project has changed from $40,000 to $53,365. One final change to facilitate fiscal, management is the addition of language in the Ordinance which will enable the Council to apply the "undistributed" account in t~e Non-Departmental department, to other departments within the General Fund by Resolution. RECOMMENDED ACTION Move to adopt Ordinance O-98-16, amending the budget for the 1998/1999 Fiscal Year. ORDINANCE NO. O-98-16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER i, 1998 AND ENDING SEPTEMBER 30, 1999; DETERMINING AND FLXING THE AMOUNTS NECESSARY TO CARRY ON THE GOVERNMENT FOR THE ENSUING YEAR; DETERMINING THE AMOUNT OF APPLICABLE FUNDS ON HAND; ESTIMATING RECEIPTS FOR THE GENERAL FUND, EXHIBIT "A"; CDBG FUND, EXHIBIT "B"; DEBT SERVICE FUND, EXHIBIT "C'; GOLF COURSE FUND, EXHIBIT "D"; AIRPORT FUND, EXHIBIT "E"; CEMETERY TRUST FUND, EXHIBIT "F"; LAW ENFORCEMENT CONFISCATED/ ABANDONED TRUST FUND, EXHIBIT "G"; LAW ENFORCEMENT EDUCATION TRUST FUND, EXHIBIT "H"; PUBLIC SAFETY EMPLOYEE TRUST FUND, EXHIBIT "I"; GENERAL GOVERNMENT EMPLOYEE TRUST FUND, EXHIBIT "J"; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, an amended budget has been prepared estimating expenses and revenues of the City of Sebastian, Indian River County, Florida, for the current fiscal year, with detailed information, including revenues to be derived from sources other than ad valorem levy, and the administrative staff of the City has made recommendations as to the amount necessary to be appropriated for this year; and WHEREAS, the City Council has met and considered the recommendations and the amended budget for the current fiscal year; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, THAT: Section I. The amended budget of the City. of Sebastian, Indian River County, Flor/da, for the Fiscal Year beginning October l, 1998 and ending September 30, 1999, a copy of which is attached hereto and more particularly identified as Exhibit "A", "B", "C", "D", "E", "F", "G", "H", 'T', and "J", is hereby adopted and the appropriations set out therein are hereby made to maintain and cany on the government of the City of Sebastian, Indian River County, Florida. Section 2. All delinquent taxes collected during the fiscal year as proceeds from levies of operation millages of prior years are hereby specifically appropriated for the use of the General Fund. Section 3. All monies appropriated and encumbered for Capital projects during the · preceding fiscal years and final payment has not been made are specifically re~ appropriated for each project as work-in-progress. Section 4. If any clause, section, or other part of this Ordinance shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as el'fiafinated and shall in no way affect the validity of the other provisions of this Ordinance. Section 5. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 6. The Non-Departmental group is established to cover costs not directly charged to operating departments within the General Fund. Within the Non- Departmental group, an "Undistributed" line item is funded to provide for unanticipated expenditures. The "Undistributed'~ mounts may be transferred to directly fund operating departments by Resolution of the City Council. Section 7. This Ordinance shall become effective upon its passage and adoption. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember being put to a vote, the vote was as follows: and, upon Mayor Ruth Sullivan Vice Mayor Martha S. Wininger Councilmember Louise R. Cartwfight Councilmember Larry Paul Councilmember Chuck Neuberger The Mayor thereupon declared this Ordinance duly passed and adopted this , 199__ day of CITY OF SEBASTIAN, FLORIDA By: Ruth Sullivan, Mayor ATTEST: Kathryn Ivl. O'Hallorm.; CMC/A. AE City Clerk Approved as to Form and Content: Tim Williams, Acting City Attorney 3 REVENUE Taxes Licenses & Permits Intergovernmental Charges for Service Fines & Forfeits Miscellaneous Transfers In Other Financing Sources Prior Year Balance CITY OF SEBASTIAN GENERAL FUND SUMMARY TOTAL REVENUE EXPENDITURE City Council City Manager City Clerk Finance Legal Police Human Resources Growth Management Building Department DPW/Engineering & Admin DPW/Roads and Drainage DPW/Building Maintenance DPW/Central Garage DPW/Parks & Recreation DPW/Cemetery Non-Departmental TOTAL EXPENDITURE EXHIBIT PROPOSED FY 98 - 99 $5,686,000 357,000 2,774,060 40,750 73,750 193,700 0 0 4.775~555 $19,4!0 168,010 246}790 230,245 100,000 2,170,980 105,495 246,415 237,285 280,320 916,545 166,025 138,300 402,995 83,280 8~353,33 l $132_865,426 REVENUE Intergovernmental Transfer-In TOTAL REVENUE EXPENDITURE Operating Expenses Capital Improvements TOTAL EXPENDITURE CiTY OF SEBASTI/~aN CDBG FUND EXHIBIT PROPOSED FY 98 - 99 $ 507,710 4,830 $ _,512,549 $ 38,830 473.710 ' $ 5,!2,_540 REVENUE Interest Revenue Special Assessments Fund Balance TOTAL REVENUE EXPENDITURE Operating Expenses Debt Service - Interest Debt Service - Principal TOTAL EXPENDITURE CITY OF SEBASTIAN DEBT SERVICE FUND EXIqlBIT "C" PROPOSED FY 98 - 99 $ 18,520 18,885 11,265 $ 48,670 · $ 150 18,520' 30,000 REVENUE CITY OF SEBASTIAN GOLF COURSE FUND Charges for Service Interest Beginning Balance TOTAL REVENUE EXPENDITURE Personal Services Operating Expenses Capital Outlay Debt Service TOTAL EXPENDITURE EXCESS OF REVENUE OVER EXPENDITURE OPERATING INCOME AFTER ADJUSTMENTS ¢ EXHIBIT "D" PROPOSED FY 98 - 99 $1,250,762 27,000 219,333 $l.497,095 $178,985 929,960. 180,500. 207,650 $J~497,095 $ 66,16_7 CITY OF SEBASTIAN AIRPORT FUND REVENUE Intergovernmental Charges for Service Interest Prior Year Balance TOTAL REVENUE EXPENDITURE Personal Services Operating Expenses Capital Outlay Reserve TOTAL EXPENDITURE EXCESS OF REVENUE OVER EXPENDITURES OPERATING INCOME AFTER ADJUSTMENTS EXHIBIT "E" PROPOSED FY 98 - 99 $ 0 81,205 15,700 53,365 $ 150,270 $ 20,035' 67,87O 57,365 0 $ 145,270 $'. 5,O .Q 9,000 REVENUE Charges for Service Interest Prior Year Balance TOTAL REVENUE EXPENDITURE Operating Expenses Capital Outlay Transfer Out Reserve TOTAL EXPENDITURE CITY OF SEBASTIAN CEMETERY TRUST FUND EXHIBIT PROPOSED FY 98 - 99 $ 10,000 6,500 0 $~ 16,50Q $ 1,500. 6,500' 0 8,50Q CITY OF SEBASTIAN LAW ENFORCEME'NT CONFISCATED/ABANDONED TRUST FUND REVENUE PROPOSED FY 98.99 Fines & Forfeits $ 40,500 Miscellaneous 0 interest 200 Prior Year Balance 0 TOTAL REVENUE $ _ ?o.7oo EXPENDITURE Operating Expenses $ 0' Capital Outlay 0 Reserve 40,700 TOTAL EXPENDITURE $ 4o,7~9o EXHIBIT "G" CITY OF SEBASTIAN LAW ENFORCEMENT EDUCATION TRUST FUND REVENUE Fines & Forfeits Interest Prior Year Balance TOTAL REVENUE EXPENDITURE Operating Expenses Reserve TOTAL EXPENDITURE EXHIBIT "H' PROPOSED FY 98 - 99 $ 500 0 0 $ 500 0 CITY OF SEBASTIAN PUBLIC SAFETY EMPLOYEE TRUST FUND REVENUE Miscellaneous Interest Prior Year Balance TOTAL REVENUE EXPENDITURE Operating Expenses Capital Outlay Reserve TOTAL EXPENDITURE EXHIBIT ~'I" PROPOSED FY 98 - 99 $ 1,000 200 2,000 $,. 3,20Q $ 3,200. O' 0 $ 3,200 CITY OF SEBASTIAN GENERAL GOVERNM~ EMPLOYEE TRUST FUND REVENUE PROPOSED FY98-99 Charges for Service Interest Prior Year Balance 4,525 75 -0 TOTAL REVENUE $ 4,600 EX.PENDITURE Operating Expenses Capital Outlay Reserve 3,500. 0' 1,100 TOTALEXPENDITURE $ 4..600 EXHIBIT "J" City of Sebastian 1225 Main Street Sebastian, Horlda 32958 Telephone (SOl) 589-55g0 FAX (561) 589-$570 Subject: Tree Advisory Board Approved for Submittal by: City Manager Department Origin: City Clerk, q~ Date Submitted: 10/19/98 For Agenda off 10/28/98 Exhibits: One application, member list, advertisements I Expenditure Required: / Amount Budgeted: N/A ] N/A Appropriation Required: N/A SUMMARY STATElk4gNT There is currently one regular member position open on the Tree Advisory Board due to a recent resignation. This position was advertised,three times and one application was received. RECOMMENDI~D ACTION Interview applicant, unless waived by Council, and appoint as follows: 1. One regular member unexpired position on the Tree Advisory Board - term to expire 4/2000 APPLICATION TO SERVE ON CITY BOARI)/COMMiTTEE (All City Board and Committee Members Must be Residents of the City of Sebastian) HOUE PHON~: 7~/-J'~_,~>~ ]'AX: in/gro~e:J E.MAIL: /~7/Orn:e.C: HOW LONG DO YOU ~Y HOLD ~ P~LIC OmCE~ " DO YOU P~~Y SER~ ON ~ O~R C~ BO~ OR CO~E? ...... ~CH BO~CO~~? ~ ,. PL~SE C~ ~ BOA~S ON ~CH YOU ~ ~S~D ~ SE~G ~ 0~EK OF P~~CE ~ ~T CHOICE BErG ~1: BOARD OF ADJUSTMENT CODE ENFORCEMENT BOARD CONSTRUCTION BOARD HANDICAPPED SELF-EVALUATION COMMrITEE PLANNING AND ZONING COMMISSION POLICE RETIREMENT BOARD OF TRUSTEES RECREATIONAL ADVISORY ~OARD TREE AD%/ISORY BOARD OTHER TEMPORARY COMMITTEE (WmT~. r~ COMMrrmE N^,~_- ). PPLICABLE EDUCATION AND/OR EXPER.tENCE: (attach separate r~surn¢ if nece. ssa.D,) ~ASONS FOR W~O TO SER~ ON BO~ OR CO~EE: LiST ~ ~Dm0N~ QU~CA~O~S TO S~ ON BO~ OR C~:' ' / HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OK ANY STATE? HAVE YOU EVEN BEEN CONVICTED OF ANY MISDElVlEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? -.. WOULD YOU CONSIDER SERVING~ON A BOARD OTIiF~ THAN THE'O~(s)_SELECTED- ABOV a 7'e I hereby cerd~ fha I am qualified to hold'~¢ position for which this applicati°n is made.' Furthm-, I h~by authorize the City of $~bastian to inv~'tigate tt~ lruthfuln~s of all infonnation ich I haVe pr°vid~ in this application. I understand that any misr~r~smtation or ommission of information requested in thii '- application is cause for disqualification I have bee~ provided with, read and understand City of Scbastim Cocl~ of Ordinances Sections 2-166 through 2-173 (attache. Information r~lativ¢ to a spedfi¢~'R~ is available ifr~lu~sted. ~t{"N~/0C't, Lli:~ [{'.~_k~, ,,'ho is personally ~own to me, or has produced Nota~ Public~e bf Hodda \wp- form\applicat.wpd rev. 9/98 NLrMBEK OF BOARD TERMS AND YEARS FOR. EACH INDIVIDUAL ARE AS OF 7/1/98 AND WILL BE REVISED AT THE BEGINNING OF EACH MON/q-I. TI{ESE POSITIONS ARE TWO YEARS ACCORDING TO THE CODE OF ORDINANCES. TREE ADVISORY BOARD 2 YEAR TERMS ~EETINGS SHALL BE HELD AT SUCH PLACES AND TIMES AS SPECIFIED BY' THE C1TY COUNCIL FROM TIME TO TIME, AND SHALL BE OPEN TO THE PUBLIC. SHIRLEY KILKIR~Y 950 FRANCI~CANAVENUE SEBASTIAN, FLORIDA 32958 58%5062 APPOINTED 2 YEAR REG~ TERM: 4/95 TERM EXPIR~: 4/97 REAPPOINTED TO REGULAR TERM: 5/97 TERM EXPIRES: 4/99 CHARLES D. CARDINALE 474 THOMAS S'I'RI~ SEBASTIAN, FLOglDA 32958 589..4892 HOME CARL M. BEHR, ~. 742 BELFAST ~C~ SEBASTIAN, ~A 32958 589-0208 APP°INTED REG~ MEMBE~ 4/9S TERM TO EXPIRE: 42000 TERM TO EXPIRE: 4/99 CIAY FIELDING 1197 GARDENIA b'lltEET SEBASTIAN, FLORIDA 32958 589-4480 APPOINTED REGULAK MENtBEK: 9/25/97 UNID[PIRED TERM TO EXP~: 4199 ! TO ~:XP~: 4/2000 38g-2693 ANNE PU I'MAN APPOINTED ALTERNATE ME:~BER: 11/96 563 CROSS Cggg'~ CIRCLE T'iRM TO ~'(PIRE: 11/98 SEBASTIAN, FLORIDA 32958 381]-3336 WILLIAM BROGNANO 14.4 $. WIMBROW DRIVE SEBASTIAN, FLORIDA .3295 589-1299 APPOINTED ALTERNATE MEMBER: 8/97 TE~M TO EXPfR.E: 11/98 OCTOBER 1, 1998 I Cit3 of Set ast en ,'WAIN ~$T~E='T = ~?-A~-rlAN, ~u~R~A ~ PRESS RELEASE TREE ADVISORY BOARD THE CITY OF SEBASTIAN IS SEEKING APPLICANTS TO FILL ONE REGULAR MEMBER POSITION ON 'rH]E TREE ADVISORY BOARD. QUALIFICATIONS: ALL APPLICANTS MUST BE A RESIDENT OF THE CITY OF SEBASTIAN. THE TREE ADVISORY BOARD MEETS THE FIRST MONDAY OF EACH MONTH AT 5:30 P.M. IN THE CITY COUNCIL CHAMBERS. APPLICATIONS ARE AVAILABLE AT THE CITY CLERK'S OFFICE, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA BETWEEN THE HOURS OF 8:00 A.M. AND 4:30 P.M. AND WILL BE ACCEPTED UNTIL FRIDAY, OCTOBER 9, 1998. " ~ TO ILL DIXIE RE, m ALI). ~l iCA~ iON~i ARB A lX STI~ iET, SEBASq , 2qD VILI,BEAO !] , . T"'"~._~=~C:NE (~';) £~.~-~0 a FAX (.~-~] SEPTEMBER 15, 1998 PRESS RELF~SE TREE ADVISORY BOARD THE C1TY OF SEBASTIAN IS SF_~KI1NG-APPLICANTS TO FU.L ONE REGULAR MEMBER 'POSITION ON THE TREE ADVISORY BOARD. I i 1 I I I QUALIFICATIONS: RESIDENT OF/5{5 CITY OF SEBASTIAN. THE TREE ADVISORY BOARD MEETS THE FIRST MONDAY OF EACI4 MON'II-I Ai~, 5:30 P.M. IN THE CITY COUNCIL CI-DkMBE~. APPLICATIONS ARE AVAILABLE. AT TKE CITY CLERK'S OFFICE, C1TY HALL, 1225 MAIN S~T, SEBASTIA/~', FLORIDA BETWEEN THE HOURS OF 8:00 AM. AND 4:30 PAVl. AND WILL BE ACCEPTED UNTIL · WEDNESDAY, SEPTEMBER 30, I998. I I SEPTEMBER 1, 1998 City of Sebastian 12_25 MAIN STF1E_--T cl SF.=.ASTIAN, FLQRIOA TELEFHQNE (E61) 58~.~330 a FAX (E61} PRESS RELEASE TREE ADVISORY BOARD THE CITY OF SEBASTIAN IS SEEKING APPLICANTS TO FILL ONE REGULAR MEMBER. POSITION ON THE TREE ADVISORY BOARD. QUALIFICATIONS: RESIDENT OF THE CITY OF SEBASTIAN. THE TREE ADVISORY BOARD MEETS THE FIRST MONDAY OF EACH MONTH AT 5:30 P.M. iN THE CITY COUNCIL CHAMBERS.. APPLICATIONS ARE AVAILABLE AT THE CITY CLERK'S OFFICE, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA BETWEEN THE HOURS OF.8:00 A.M. AND 4:30 P.M. AND WILL BE ACCEPTED UNTIL FRIDAY, SEPTEMBER 11, 1998. " . I I I ' I City of Sebastian, Florida Subject: First reading of O-98-18 amending the land development code by creating concurrency management. Approved for Submittal by: Exhibits: O-98-18, Concurrency Management EXPENDITURE REQU'iRED: None Agenda No. q /q / Department Origin: Growth Management Traey E. Hass ~ Date Submitted: October 21, 1998 For Agenda of: October 28, 1998 AMOUNT BUDGETED: . APPROPRIATION None REQUIRED: None SUMMARY Objective 1-3.1 of the City of Sebastian EAR Based Plan Amendments states: Beginning January 1, 1998, the city shall issue no development order or permit unless public facilities required by the subject development are in place concurrent with the impacts of development. A concurrency management system must be in place to ensure that public facilities are available prior to the development creating any impacts. Ordinance No. O-98-18 is intended to provide a systematic process for the review an/evaluation of all proposed d_velopment for its impact on concurrency facilities and 'services, as required by the Local Government Comprehensive Planning and Land Development Regulations Act, Chapter 163, Part II, FS, and Rule 9J-5.0055, Florida Administrative Code. RECOMMENDED ACTION Approve the first reading of Ordinance O-98-18, set a public heating and second reading for November 18, 1998. ORDINANCE NO. O=98-18 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE CITY OF SEBASTIAN'S LAND DEVELOPMENT CODE BY CREATING ARTICLE IX, CONCURRENCY MANAGEMENT, STATING PURPOSE AND INTENT, PROVIDING CONSISTENCY WITH THE CITY'S COMPREm~NSIVE PLAN, PROVIDING FOR DEFINITIONS, PROVIDING FOR APPLICABHATY AND EXY. aMIq~ONS, ESTABLISHING CR1TE~ FOR CONCURRENCY AND FINAL DEVELOPMENT ORDERS, ESTABLISHING CONCURRENCY ADMINISTRATION, ESTABi.I~mNG CAPACITY RESERVATION, ESTABLISmNG ADOPTED LEVEL OF SERVICE STANDARDS, ESTABLISm'NG METHODOLOGY FOR DETERMINING DEMANDS ON CONCURRENCY FACILITIES, ESTABLISFflNG DETERMINATION OF AVAILABLE CAPACITY; PROVIDING FOR SEVERABII]TY; PROVIDING FOR RESOLUTION OF CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. : WHEREAS, the City Council of the City of Sebastian, Florida, desires to amend the City of Sebastian's Land Development Code by establishing concurrency management; and WHEREAS, the city shall adopt a concurrency management program pursuant to Ch. 163, F.S. and Rule 9J-5, F.A.C. Beginning Ia~uary 1, 1998, the city shall issue no development order or permit unless public facilities required by the subject development are in place concurrent with the impacts of development, WHE~, a concurrency management plan must be in place to ensure public facilities are available prior to the development creating any impacts, WHEREAS, the City Council of the City of Sebastian, Florida, believes that it is ~n the best interests of the health, safety, and general welfare of the community to do so, NOW THEREFORE, BE IT ORDALNED BY THE CITY COUNCIL OF THE CITY OF SEBASTLMN, FLORIDA, THAT: Appendix City Section 1. Division VI~ of the Land Development Code, City of Sebastian, Florida is hereby created to read as follows: DIVISION VII. CONCURRENCY MANAGEMENT SECTION 1: PURPOSE AND INTENT Concurrency is a finding that public facilities and services necessary to support a proposed development are available, or 'will be made availabl~ concurrent with the impacts of the development. This Article is intended to provide a systematic process for the review and evaluation of all proposed development for its impact on concurrency facilities and services, as required by the Local Government Comprehensive Planning and Land Development Regulations Act, Chapter 163, Part I[. F.~_S, and Rule 9J-5.0055, Florida Administrative Code. Facilities in Sebastian that are subject to these regulations include: '. Potable Water Recreation Sanitary Sewer Solid Waste Drainage- Roads The purpose of this Article is to ensure that development orders and permits are conditioned on the availability of concurrency facilities and services which meet adopted level of service requirements identified in this Article. This Article is also intended to describe the requirements and procedures for detemining consistency of proposed development with the City of Sebastian's Comprehensive Plan. SECTION 2: CONSISTENCY WITH C1TYtS COMPREHENSIVE PLAN All development applications shall demonstrate compliance with the City of Sebastian Comprehensive Plan as well as with all applicable provisions of the City Land Development Regulations. Further, development applications shall demonstrate that specified concurrency facilities shall be available at prescribed levels of service concurrent with the impact of the development of those facilities. SECTION 3: DEFINITION OF CO,,ICURRENCY MANAGEMENT TERMS ' The following definitions shall apply to concurrency management rules and regulations: Appeal: A request for a review of an administrative interpretation of any provision of this Article, or a review of a decision made by any administrative official or board or commission. Building Permit: For purposes of the concurrency management ordinance, a permit which authorizes the construction of a new building, or the expansion of floor area, or the increase in the A~ 9A: Co~¢tu~nu-y Manag~n~t Synton 2 CRy of ~e~.snan I I I i i i I i I I I I I i I I i I I number of dwelling units contained in an existing building, or change in use shall qualify as a building permit. Capacity: Refers to the availability of a public service or facility to accommodate users, expressed in an appropriate unit of measure, such as gallons per day or average daily trips. Capacity, Available: Capacity which can be reserved or committed to future users for a specific public facility. Capacity, Committed: The amount of capacity which has been committed to accommodate existing developments, developments which have been issued a final development order, committed development, and vested developments. Capacity, Reserved: Capacity which has been removed from the available capacity pool and allocated to a particular property for a set period of time. Certificate of Occupancy: A document issued by the proper authority allowing the occupancy or use of a building and certifying that the structure or use has been constructed or will be used in compliance with all the applicable municipal codes and ordinances. Concurrency Certificate: An authorization to reserve capacity for concurrency facilities. Concurrency Certificate, Conditional: A conditional authorization to reserve capacity for concurrency facilities. Concurrency Facilities: Public facilities and services for which a level of service must be met concurrent with the impacts of development or an acceptable deadline, as mandated in the Comprehensive Plan pursuant to Chapter 163, FS, and 9J-5.0055, Florida Administrative. Codes, shall include: Potable Water Recreation Sanitary Sewer Solid Waste Drainage Roads Concurrency Management Monitoring System: The data collection, processing and analysis performed by the City to determine available capacity for concurrency facilities. Data utilized shall be the most current reliable information available to the City. Concurrency Management System: The procedure and process that the City uses .to ensure that no development order or building permit is issued by the City unless the'necessary concurrency facilities are available or are assured to be available consistent with the City of Sebastian Comprehensive Plan. The procedure and process is also intended to ensure that sufficient capacity for concurrency facilities is available to meet and maintain adopted levels of service. As part of the concurrency management system the City shall operate and maintain a concurrency management monitoring system. Appendix 9A: Concurrency Managem~ Synton 3 City of geb~~'n Concurrency Review: Evaluation by the Growth Management Department based on adopted level of service standards to ensure that public facilities and services needed to support development are available concurrent with the impacts of such development as defined in this Article and if such facilities are not available, that the developer of a proposed development bear the cost of providing public services and facilities at a level of service defined by the Comprehensive Plan and concurrent with the impacts of a proposed development. Concurrency Status Report: A status report prepared by the City identifying available concurrency facility capacity. The status report shall be produced, modified and adjusted from time-to-time as a result of the reservation of capacity or other act which alters the availability of concurrency facility capacity. Design Capacity: The potential or suitability for holding, storing or accommodating the demands upon a concurrency facility. Developer's Agreement: An agreement between the City and another party associated with the' development of land pursuant to Article III. Development Order: Any order or permit granting, denying or granting with conditions an application for a preliminary development order, a final development order, a development permit or any other official action of the City having the effect of permitting the development of land. Development Order, Final: This shall mean the last discretionary act of the City before development can commence. The last discretionary act shall occur through an act of official authorization and with recorded documentation from the City of Sebastian thereby approving the final development plans for a proposed ~levelopment project. The issuance of a final development order after the effective date of the ordinance adopting the Comprehensive Plan shall only Occur if the final development plan complies with the goals, objectives, and policies established in the Comprehensive Plan. Final development orders shall include the City's final approval of the following development procedures: · Construction permit; · Certificate of Occupancy; · Building permit; · Developments of Regional Impact (DR1) approval; and · Site plan approval. Level of Service: An indicator of the operational efficiency of service provided by a concurrency facility. Level of Service Standard: The adopted volume of demand required for each concurrency facility in order to achieve acceptable operational efficiency. Pool, Available Capacity: The total unused capacity of concurrency facilities existing at any point in time. City of geb~an "Proceeding in Good Faith": Tangible and continuing actions taken by an applicant of an approved final development order to perform actual project construction and implementation leading to completion of a final development plan within a reasonable period of time. More over, a certificate of completion for the development of infrastructure must be received within the time frame established in the applicable final development order. This provision can only be modified through a development agreement approved by the City Council. Vested Rights: A development order shall be deemed "vested" and not subject to requirements of concurrency management if development circumstances meet criteria for common law or statutory vesting, as defined below. All "non-vested" development or development orders are subject to all requirements of this Article. Vested Rights, Common Law: A right not created by statute or the provisions of the City of Sebastian Comprehensive Plan which would authorize the development of real property or the continued development of real property notwithstanding the provisions of the City of Sebastian Comprehensive Plan. The City may find such vesting to exist whenever the applicant proves by a preponderance of evidence that the real property owner, acting in good faith upon some act or omission of the City has made a substantial change in the position or has incurred such extensive obligations and expenses that it would be highly inequitable and unjust to destroy the right to develop or to continue the development of the real property. The assignment of the particular zoning classification or the assignment of a particular land use designation to parcel of real property does not guarantee or vest any specific development rights to any person or entity as to said real property. Vested Rights, Statutory: A statutory right to develop or to continue the development of real property pursuant to the provisions of §163.3187(8), FS, or its successor provisions. Such vesting may be found to exist if a valid and un~npired final development order was issued.by the City prior to the effective date of this Code, if construction has commenced on the .subject development and the development is in the process of being completed or further development is continuing in good faith. Statutory vesting does not occur unless all material requirements, conditions, limitations and regulations of the development order have been met and are being maintained. The Land Development Regulations shall not apply to developments which have commenced duly approved construction prior to the effective date of the City's Comprehensive Plan. SECTION 4: APPLICABILITY AND EXEMPTIONS All applications for final development orders shall be subject to concurrency review unless specifically exempted below. However, in no case shall a development order be issued for a minimum threshold project which would impact a concurrency facility for which a moratorium or deferral on development has been placed. A. Projects Below the Minimum Threshold. The following development shall be exempt from concurrency review: 1. Residential projects that entail structural alterations, including room additions to single family structures--which do not change the land use; Apl~ld~ 9A: Conem'nm~' Mat~,~n~nt Syst~',n'l 5 Ci~ of,%~t~ 2. Construction of residential or non-residential accessory buildings and structures which do not create additional public facility demand. Actions administered through development orders and other developments which do not increase demand on concurrency facilities, such as grading or land excavation or structural alterations which do not include a change of use and satisfy provisions of (1) and (2) above. B. Vested Projects. Projects which have valid final developmem orders or building permits prior to the effective date of this Code, shall be considered to be vested and therefore exempt from concurrency management. This shall include the following: 1. Any project for which a valid building permit has been issued and has not expired; and All vacant lots in single-family detached, single family attached and two-family subdivisions which were lawfully platted in accordance with the City Land Development Regulations and recorded prior to the effective date of this Article; and, 3. Approved developments of regional impact with a development order that has not expired; and 4. Any project which has obtained a determination of vested rights upon appeal to City Council. ' ' Redevelopment Projects. Proposed redevelopment shall be credited for the existing demand on available capacity. ~f a redevelopment project generates demand in excess of the existing demand which it qs replacing, a concurrency review shall be required; however, the concurrency review shall only address the amount by which the proposed demand generated exceeds the demand of existing development. The development plan for redevelopment must be submitted no more than one (1) year after the prior use is discontinued in order to qualify for a concurrency credit. If the proposed redevelopment generates equal or less demand than the existing project, the applicant shall be given a concurrency credit enabling the applicant to reserve the unused capacity. The concurrency credit will expire within five (5) years of the change or discontinuance of the use. The applicant's submission of an application for a demolition ,_errnit shall also initiate a concurrency review for the express purpose of issuing credits for redevelopment. Public Facilities. Public facilities necessary to ensure the protection of the health, safety and general welfare of the citizens of the City of Sebastian, including public schools (pre- kindergarten through 12th grade), shall be exempt from concurrency review. This shall include all public facility construction projects included in the City's Capital/mprovements Program required to meet any adopted level of service standard. SECTION 5: CRITERIA FOR CONCURREN~ AND FINAL DEVELOPMENT ORDERS Appendix 9A: Con~ Management Systtma 6 CiBr of I I i I I I I i i i I i I I i I i i I A final development order shall not be granted for a proposed development unless the City finds that adequate capacity for concurrency fa 'cdities exists at or above adopted level of service in order to accommodate the impacts of the proposed development, or that improvements necessary to bring concurrency facilities up to their adopted level of' service will be in place concurrent with the impacts of the development. Sanitary Sewer, Potable Water, Solid Waste, and Drainage. For sanitary sewer, potable water, solid waste, and drainage facilities, the City shall find that the following criteria have been met in order for a proposed development to be found in compliance with concurrency management requirements: A final development order is issued subject to the condition that, at the time of the issuance of a certificate of occupancy or its functional equivalent, the necessary facilities and services are in place and available to serve the new development; or At the time the final development order is issued, the necessary facilities and services. are guaranteed in an enforceable development agreement, pursuant to {}163.3220, F~S,' or an agreement or development order issued pursuant to Chapter 380, FS, to be in place and available to serve new development at the time of the issuance of a certificate of occupancy. Parks and Recreations. For parks and recreation facilities, at a minimum, the City shall find that the following criteria have been met in order for a proposed development to be found in compliance with concurrency management requirements: 1. At the time the final development order is issued, the necessary facilities and services are in place or under actual construction; or A final development order is issued subject to the condition that, at the time of the issuance of a certificate of occupancy, the acreage for the necessary facilities and services to serve the new development is dedicated or acquired by the City, or funds in the amount of the developer's fair share are committed; and A final development order is issued subject to the conditions that the necessary facilities and services needed to serve the new development am scheduled to be in place or under actual construction not more than one .veto atler issuance of a certificate of occupancy as provided in the City's ad~pted Five Year Capital Impmwanents Program; or At the time the final development order is issued, the necessa~ facilities and services are the subject of a binding executed agreement which requires the necessary facilities and senrices to serve the new development to be in place or under actual construction not mom than one year after issuance of a certificate of occupancy;, or At the time the final development order is issued, the necessary facilities and services are guaranteed in an enforceable development agreement, pursuant to §163.3220, FS, or an agreement or development order issued pursuant to Chapter 380, IS, to be in place or under actual construction not more than one year after issuance of a certificate of occupancy. C. Transportation Facilities. For transportation facilities, the City shall find that the following criteria have been met in order for a proposed development to be found compliance with concurrency management requirements: App~d~x !)Az Concurremcy Manag~n~mt Sy~nl 7 City of Seb~mm At the time the final development order is issued, the necessary facilities and services are in place or under actual construction; or A final development order is issued subject to the conditions that the necessary facilities and services needed to serve the new development are scheduled to be in place or under actual construction not more than three years after issuance of a certificate of occupancy as provided in the City's adopted Five Year Capital Improvements Program (CIP). The CIP may recognize and include transportation projects included in the first three years of the adopted Florida Department of Transportation Five Year work program. The Capital Improvements Element must include the following polities: a. The estimated date of commencement of actual construction and the estimated date of project completion; and b. A provision that a plan amendment is required to eliminate, defer, or delay construction of any road or n~sS transit facility or sendce which is needed to maintain th~ adopted level of service standard and which is listed in the Five Year Capitol Improveraems Program. At the time the final development order is issued, the necessary facilities and services are the subject of a binding executed agreement which requires the necessary facilities and services to serve the new development to be in place or under actual construction not more than three years after issuance of a certificate of occupancy; or At the time the final development order is issued, the necessary facilities and services are guaranteed in an enforceable development agreement, pursuant to §163.3220, FS, or an agreement or development order issued pursuant to Chapter 380, F_~S, to be in place or under actual construction not more than three years after issuance of a certificate of occupancy; or', For the purpose of issuing a final development order, a proposed development may be deemed to have a de minimis impact and may not be subject to the transportation concurrency requirements, only if'all the following conditions are met: a. The development proposal is for an in~gease in density or intensity of less than or equal to twice the density or intensity of the e0dsting development, or for the development of a vacant parcel of land at a residential density of less than four dwelling units per acre or, for non-residential uses, at an intensity of less than 0.1 floox area ratio. Isolated vacant lots in predominantly built residential areas where construction of a single family house would be the most statable use, may be developed for single family residential under the de ~ exception even if smaller than one quarter acre in size. b. The transportation impact of the proposed development alone does not exceed 0.1 percent of the mum s,mrice volume at the adopted level of service slundard for peak hour of the affected transportation facility. c. The cumulative total transportation impact from the de minimis exemptions does not exceed three percent (3%) of the maximum service volum~ at the adopted level of service standard of the affected transportation facility if the facility does not meet the minimum level of serve standard. d. The City has adopted within its Comprehensive Plan policies for granting such exemptions. City SECTION 6: CONCURRENCY ADMINISTRATION The Growth Management Department shall be responsible for concurrency reviews as required by this Article. The Growth Management Department in consultation with applicable City staff shall determine whether adequate capacities for concurrency facilities are available to satisfy the demands of each proposed development. Refer to Figure l, Concurrency Management Flow Chart, for a graphic summary of the administrative process. A. Application for Concurrency Review. Concurrency review shall be initiated upon: Submission and acceptance of an application for a site plan approval, subdivision constmction permit, subdivision plan, certificate of occupancy, or a building permit, whichever first occurs. At the request of the applicant and pursuant to payment of a concurrency review fee as may be established by resolution of the City Council, the Growth Management' Department in consultation with applicable City staff may render concurrency findings.' Project Impact Assessment. The Growth Management Department shall use the best available information to establish and evaluate existing capacities for concurrency facilities. The applicant shall be responsible for supplying the anticipated land uses, densities and/or intensities, of a proposed development together with the anticipated date of completion of proposed development, and provide an analysis of the impacts on concurrency management facilities. The Growth Manag~ent Department shall review the anticipated impacts of the proposed development on concurrency facilities. 4 Project Phasing/Timing of Improvements. Concurrency facilities associated.with a phased development may also be phased. However, all concurrency facilities necessary to accommodate the impacts of each phase must be available or a schedule for the acquired improvements must be approved prior to the issuance of a final development order. The schedule of facility improvements shall ensure that all facility improvements necessary to accommodate the impacts of the development (or portion thereof) for which a certificate of occupancy has been applied, shall be in place prior to the issuance of the certificate. Under no circumstances shall the final cer~cate of occupancy be issued for a project unless all req~_h-ed facility improvements required by the development order or development agreement have been completed. Development Agreements. if the minimum requiremems for concurrency cannot be met, concurrency may be achieved by guaranteeing necessary facility improvements in an enforceable development agreement. Said development agreement may include guarantees to construct required facili~ improvements or to provide funds equivalem to the cost of providing such facility, improvements. E. Concurrency Review Determination. Upon the conclusion of the concurrency review, the Growth Managemem Department shall prepare a written determination concerning the proposed development. This determination shall address, but is not limited to: ~ Appe~:Y~x 93,: Conam'ency M~agemem ~:y~m~m 9 City of ~eba~uan 1. The anticipated public facility impacts of the proposed development; 2. The ability of existing facilities to accommodate the proposed development at the adopted level of service standards; 3. Any existing facility deficiencies that will need to be corrected prior to the completion of the proposed development; The facility improvements or additions necessary to accommodate the impact of the proposed development at the adopted level of service standards and the entities responsible for the design and installation of all required fadlity improvements or additions; and 5. The date such facility improvements or additions will need to be completed to be concurrent with the impacts on such facilities created by the proposed development. Actions by the Growth Management Department. In the event that the City's' concurrency review reveals that the proposed development would generate public facility impacts which can be absorbed by the existing available capacity with or without developer funded improvements, the Growth Management Department shall issue a certificate of concurrency or a conditional certificate of concurrency as may be applicable. In the event that the City's concurrency review reveals that the proposed development would generate public facility impacts beyond that which can be absorbed by available capadty, the City shall determine whether there is a financial or other legally binding commitment to ensure that public facilities necessary to correct the anticipated deficiency wig be in place concurrent wi~ the impacts of the proposed development. ": If the City and/or a developer are unable to provide such assurances, the project shall be denied. Concurrency Resolution. If the Growth Management Department determines that an application for concurrency review cannot be supported by sufficient concurrency facility capacity, the applicant may file an application for concurrency resolution and pay the requisite filing fee as shall be established by resolution of the City Council. The purpose for the concurrency resolution process shall be to enable an applicant to negotiate a development agreement which identifies terms for resol, ~ng the capacity deficiency. The development agreement shall be consistent wah {}163.3220, FS, and applicable City ordinances. If the applicant successfully resolves capacity deficiencies, the applicant may reserve capacity pursuant to the terms of the development agreement. If the issues cannot be resolved, the application shall be deemed to be denied and, at any time, the applicant may resubmit the concurrency review application to the Growth Management Department. SECTION 7: CAPACITY RESERVATION A. Reservation of Capacity. Following receipt of an approved final development order, the capacity demand of the approved development shall be considered to be reserved. The Ampex 9~ cor~-~y M~,t s~ 10 City o f Sel:~uan I I i I i I I I I I I I I I I I I I I time frame of the concurrency reservation shall be based 'bn the time flame of the final development order or development agreement. If the time frame of the final development order and/or the development agreement lapses, the available capacity assigned to the development order shall be returned to the available capacity pool. Conditional Concurrency Certificate. A conditional concurrency certificate shall not vest the applicant for concurrency facility capacity; rather the applicant shall provide any required concurrency facility improvements or insure that the requisite improvements either are in place or shall othenvise be in place compliant with the provision of §5. First-Come-First-Served. Capacity shall be reserved on a first-come-first-served basis by the Growth Management Department. Such reservation shall be valid only for the specific final development order and for the specified land uses, densities, intensities, construction and improvement schedules contained in the approved final development order. Reservation of capadty runs with the land and is transferable to a successor in ownership. Reservation of capacity for concurrency shall expire if the underlying final. development order or development agreement expires or is revoked. The final' development order shall state the terms of the concurrency reservation, including the allocation of available capacity, the time-frame for the allocation, and other appropriate legal assurances. Project Deferrals/Development Moratoriums. If at any time the City's inventory of the capacity of concurrency facilities indicates that concurrency facilities have dropped below its adopted level of service standard, the City shall cease to issue development orders for projects which would impact the deficient facilities or the area impacted by the deficient concurrency facilities, as defined, within this Ordinance. Such a suspension or moratorium on the issuance of development orders shall continue until such time as the adopted level of service standard is re-established, the Comprehensive Plan is amended to reflect an acceptable level of service standard for the facilities in question, or alternative arrangements are made to ensure capacity will be available, consistent with Section 5. SECTiON 8: ADOPTED LEVEL OF SERVICE STANDARDS Level of service standards for those public facilities for which concurrency is required are set forth below and may only be changed by.an amendment to the City of Sebastian Comprehensive Plan: Concurrency Fa_eilitv Sanitary Sewer City of Sebastian Adopted Level of Service Standard 250 gallons per day per equivalent residential unit Potable Water 250 gallons per day per equivalent residential unit Drainage Facilities ~'ater Quanti~. Standards: CiV/ Off-Site Standard: Post development runoff shall not exceed the pre- development runoff rate for a 25-year, 24 hour design storm. On-Site Standard: Post development runoff shall not exceed the pre- development runoff rate for a 10-year. 24 hour design storm. Water Quality Standards: Water quality standards of Chapter 17-25, FAC, shall be applied as the quantitative standards. Chapter 17-25, FAC, requires Outstanding Florida Waters (i.e., Indian River Lagoon) to reduce pollution loads by an additional fiRy percent (50%) prior to discharge. Recreation: PARK ACREAGE OF RECREATION CLASSIFICATION AREAS/POPULATION Neighborhood Park 2.0 per 1,000 Communit~ Park 2.0 per 1,000 Solid Waste: 7.52 pounds per day per capita Roads: ........... ROX WA¥ i ^cmrr U.S.'Highway 1 County Arterials CR 512 (Fellsmere Highway) CR 505 (Roseland Road) City Collectors indian River Drive Schumman Drive Barber Street (Whnb~ow Drive to MINIMUM LOS STANDARD PEAK HOUR* C Schumann D D D Drive) Fleming Street (Main Street to CR 512) _ D Easy Street (Main Street to Schumann Drive) D Vocelle Avenue (CR 505 to Fleming) D Main Street (US 1 to W'tmbrow Drive) D Laconia Street (CR 512 to South City Limit) D Significant Local Streets Shown on the Maior Thoroughfare Plan Barber Street Extension (Schumann Dr to US 1) - D - City Englar Avenue (Barber St to Schumann Dr) - City Wimbrow Drive (Main Street to East CR 512) -- City Louisiana Avenue (Main Street to CR 512) - City Local All roads not classified as arterials, collectors, or significant local streets shown on the Major : Thoroughf~e P!an. The peak hours ~l~all he th~ 30th higfgst hour *stablished by FDOT. App~MiX 9A: Conemrmeg Manag~a~t Symm~ 12 City of ~ba~lian D D D D Prior to issuing a development order the City shall review all proposed development to ensure consistency with adopted LOS standards. No development shall be approved that is projected to decrease the existing LOS below the adopted standard, unless those are mitigated by the developer. SECTION 9: METHODOLOGY CONCURRENCY FACiL~S FOR DETERMINING DEMANDS ON A. Roads. In determining demand for available capacity for roads, the following criteria shall be used: Residential Development. For proposed residential development (except within mixed use developmems), the following trip generation rates shall be used to calculate the impact of the proposed development: Land Use Type Single-Family Multiple-Family Trips Per Day Per Unit 10 8 Non-Residential Development and Mixed-Use Development. For all other development categories allowed within the Future Land Use Element, the impacts of development shall be measured by u 'tdizing the average peak trip generation rate associated with the land use designation in which the proposed development shall occur, using the most recent published edition of the Institute of Traffic Engineers' Trip Generation Manual. Internal capture rates may be considered in determining traffic volumes for mixed use developments; however, the applicant shall bear the burden of demonstrating any'internal capture rates of the total nom-esidential trips. Other Methods and Procedures. If the preliminary level of service information indicates a deficiency in capacity based on adopted level of service standards (reference Section 8 for adopted level of service standards for roads), the developer may at his option, prepare a more detailed alternative Highway Capacity Analysis as described in the Highway Capacity Manual (Special Report 209, Transportation Research Board, National Research Council, 1985); or conduct a travel time and delay study following professional standards and'procedures contained in the Florida Department of Transportation, Traffic Engineering Office in its Manual for Uniform Traffic Studies. If the alternative methodology, atter review and acceptance by the Growth Management Department, indicates no deficiency in the capacity based on the adopted level of service standard, notwithstanding that the comprehensive plan indicates a deficiency in capacity based on the adopted level of service standard, the results of the alternative methodology will be used. However, the City shall, at its discretion, reserve the option to have the methodology reviewed by a professional transportation The cost for engineer or transportation planner prior to accepting the methodology. such review shall be borne by the applicant. A~pe~ndix 9A: Conctwr~vy Management City of ~aba.sl~an Required TradO~c Analysis. For all new developments which are required to follow the site plan review process, the applicant/developer shall be required to submit a traffic analysis which identifies the development's impact on the City's transportation system. The Growth Management Department may also requite the submission of a traffic analysis for developments if the site location, anticipated total trip generation, circulation patterns or other such factors warrant a more extensive review of traffic impacts. Traffu:Analysis Methodology. The impact area for the traffic analysis shall include adjacem and connected roadway segments as determined by the Growth Management Department. The applicant may apply alternative trip allocations together with a statement of trip allocation methodology consistent with professional standards established in one (1) or more of the following documents: Highway Capacity Manual. Special Report 209, Transportation Re.arch Board, National Rewarch Council, 1985. Horida Highway System Plan, ~Traffic Analysis Procedures." Florida Department of Transportation, Bureau of Muifi-Medal Systems Planning, 1987. Florida Highway System Plan, ~c~vel of Service Standards and Guidelines Manual," Florida Department of Transportation,. Trip Generation, Institute of Transportation Engineers (late~t edition). Transportation and Land Development, Stover, Virgil G., Institute of Transportation Engineers, 1988. Traffic Analysis Requirements. The traffic analysis sha~ include the following: i. Total projected average weekday trips for the proposed development. Pass-by capture rate (commercial land uses only); Internal capture ram (planned d~n~lopment only); Peak external trips based on 1TE Trip Generation Manual. 5th (or most recent) Edition; and Peak hour directional projected vehicle trips on all segments of the arterial and collector street system whichate adjacent to the development project or as determined necessuxy ii. Design capacity of the accessed road(s). iii, Analysis of traffic distnlmtion on the road network including all links impacted by more than ten pen:ent (10%) of project traffic. The trip dismlmtion shall be consistent with thc "presets" contained in the approved trip generation model. The Growth Management Department shall determine the approved trip generation model. iv. Necessary operational improvements to the City, County, or State maintained transportation system in order tn maintain the adopted level of service for the roadway. v. Other related information as required by the City. vi. Justification, inchidiw, appropriate references, for the use of any trip generation rates, adjustments factors or traffic assignment methods not previously approved by the City. vii. The ~ edition of the Institute of Transportation Engineers (1TE) Trip Generation manual shall be used to calculate these estimate~. Adjnstmcnts to these ~timates may be made, based on special trip generation information supplied by the applicant. B. Other Facilities. The levd of service standards for all concurrency facilities are listed in Section 8. The applicant shall provide the Growth Management Department with the information required to apply the adopted level of service standard as cited below. The demand on concurrency facilities generated by the applicant's development shall be determined as cited below. 1. Solid Waste. The demand for solid waste collection and disposal capacity shall be determined by multiplying the total number of persons served times 7.52 pounds. ^~ ~ co~y ~ sy~ 14 City of Sebastian 2. Potable Water. The demand for potable water capacity shall be determined by multiplying the total number of equivalent residential units served times 250 gallons. 3. Sanitary Sewer. The demand for sanitary sewer capacity shall be determined by multiplying the total number of equivalent residential units served times 250 gallons. 4. Drainage. The applicant shall provide evidence demonstrating that the proposed project shall meet the LOS established in Section 7 for drainage facilities. Recreation Area. The demand for recreation area shall be determined by multiplying the City's recreation area level of service standard (4.0 acres per 1,000 population or · 01 acre multiplied by each person served by the development). SECTION 10: DETERMINATiON OF AVAR.ABLE CAPACITY For purposes of these regulations, the available capacity of a facility shall be determined by adding.. the cumulative total supply for each public facility component as cited in Step 1 and subtracting cumulative total demand for each infrastructure component as cited in Step 2. A. Step 1: Add the Indicators of Available Facility Capacity: 1. Capacity of Existing Facilities. The total capacity of existing facilities operating at the required level of service; and Capacity of Committed Potable Water, Sewer, Solid Waste and'Drainage Facilities. The total capacity of committed new facilities, if any, that will become available on or before th[ date a certificate of occupancy is issued for the development. The capacity of concurrency facilities may be counted and deemed concurrent only if the following standards are met: a. For Potable Water, Sewer, Solid Waste and Drainage: The standards identified in Section 5(A) shall be met. b. For Parks and Recreation Faeih'ties: The standards identified in Section 5(B) shall be met. c. For Road~: The standards identified ia Section 5(C) shall be met. B. Step' 2: Subtract the Committed Cap: :ity: 1. Existing Demand Based on Existing Development. The demand for services or facilities created by existing development as provided by the City. Demand to be Generated by Vested Development, Valid Capacity Reservation Certificates, and Valid Certificates of Concurrency. The demand for the service or facility created by the anticipated completion of other vested and/or approved developments. City of S~ba.smm Section 2. CODIFICATION. It is the intention of the City Council of the City of Sebastian, Florida, that the provisions of this Ordinance shall become and be made part of the Code of Ordinances of the City of Sebastian, Ordinance may be renumbered, reletterech and the Florida, and that the sections of this word "ordinance" may be changed to "Section", "Article", or other such word or phrase in order to accomplish such intention. Section 3. SEVERABII,1TY. If any section or part of a section of this Ordinance is declared invalid or unconstitutional, the validity, force and effect of any other section or part of a section of this Ordinance shall not thereby be affected or impaired unless it clearly appears that such other section or part of a section of this Ordinance is wholly or necessarily dependent upon the section or part of a section so held to be invalid or unconstitutional. Set-tiaa 4. CONFI~CT. This Ordinance shall prevail over ali other Ordinances which are in conflict with this Ordinance. If any clause, section, or part or other application of this Ordinance shall be held by any Court of competent jurisdiction to be unconstitutional or invali~ such unconstitutional or invalid part or application shall be considered as eliminated and in no way affecting the vafidity of the remaining portions or applications remaining in full force and effect. Section 5. EFFE~ I)ATE, This Ordinance shall go into effect immediately upon its passage and adoption and authentication by the signature of the presiding officer and Clerk of the City Council. 17 The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Ruth Sullivan Vice Mayor Martha W'minger Coundlmember Louise R. Camvright Coundlmember Larry Paul Councilmember Chuck Neuberger The Mayor thereupon declared this Ordinance duly passed and adopted this __ day of ,1998. CITY OF SEBASTIAN, FLORIDA Ruth Sullivan, Mayor ATTEST: Kathryn M. O~qallo~ CMC/AAE Approved as to Form and Content: Tim Williams City Attorney 18 Subject: First Reading for Proposed Ordinance for a Charter Amendment to Provide a Procedure to Resolve Ties in Elections Approved for Submittal by: Thomas W. Frame, City Manager · Proposed Ordinance No. 0-98-19 Expenditure n/a City of Sebastian, Florida Agenda No. ~./~ Department Origin: City Manager Date Submitted: October 22, 1998 For Agenda of: October 28, 1998 Amount Budgeted: . [ Appropriation Required: n/a [ n/a SUMMARY The attached proposed Ordinance No. O-98-19 is set to establish a ballot item to amend the City's Charter to provide a procedure to resolve ties in a City election. If the ordinance is ultimately approved, the question as shown on page 3 of the ordinance will be placed on the March 9,1999, City election. RECOMMENDED ACTION Conduct the firs~ reading on Ordinance No. O-98-19 and set the second reading and public hearing for November 18, 1998. ORDINANCE NO. O-98-19 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND ARTICLE IV OF THE CITY CHARTER TO PROVIDE FOR A PROCEDURE TO RESOLVE TIES IN ELECTIONS FOR OFFICE; PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; DIRECTING THE CITY CLERK TO PROVH)E THE SUPERVISOR OF ELECTIONS WITH A COPY OF THE ORDINANCE; PROVIDING FOR PUBLIC NOTICE OF SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 166.031 of Florida Statutes provides that the governing body of a munidpality may submit to the electors of that municipality a proposed amendment to all or part of its charter; and WHEREAS, the City Council ~fthe City of Sebastian, Indian River County, Florida, has determined that certain revisions should be made to the City Charter in order to provide a procedure to resolve ties in elections in which them are more than two candidates for office; and WHEREAS, the City Council desires to submit the amendments to the City Charter for ratification by the electors of the City of Sebastian, Indian River County, Florida. NOW, TItEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TIlE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1~ That upon passage of Referendum No. 2, the existing Section 4.12(b) of the City Charter of the City of Sebastian. Florida, shall be amended to read as follows: (b) In the event that at any election two or more candidates for the same office should receive the same number of votes, the question shall be decided by lot, conducted by the city council at the meeting of the city held for the purpose of canvassing the returns of the election, and the results thereof shall be certified in the minutes of such meeting by the city clerk. Section 2. An election is hereby called and scheduled to be held on March 9, 1999, to determine whether the revisions to the City Charter of the City of Sebastian, Florida shall be approved by a majority of the votes cast in such election, in which the qualified electors residing in the City of Sebastian shall participate. $~ction 3t The places of voting in such election shall be the usual places ofvotingin the City of Sebastian, Florida, in the regular election as determined under the applicable provisions, of Florida law, which are currently as follows: PRECINCT POLLING PLACE Precinct 12 ................................................................ The Sebastian Community Center, 1805 North Central Avenue Precinct 14 .......................................... .-' ..................... First Church of the Nazarene, 50 South Wimbrow Drive Precinct 15 ................................................................ The North indian River County Library, 1001 Fellsmere Road (CR 512) Precinct 16 ................................................................ Sebastian Elks Lodge No. 2714, 731 South Fleming Street The polls shall open at such voting places on March 9, 1999, from 7:00 a.m. to 7:00 p.m. All duly qualified electors residing within the City of Sebastian shall be entitled to participate and vote in such election. 2 Sectiml 4. The purpose of this election shall be to present a referendum issue to the electors of the City of Sebastian of whether or not to adopt revisions to the City Charter. The ballot shall be substantially in the following form: BALLOT CITY OF SEBASTIAN, FLORIDA Referendum Referendum PROVIDING PROCEDURES TO RESOLVE TIES IN ELECTIONS FOR OFFICE Shall the City of Sebastian amend the City Charter to provide that in the event two or more candidat~ for the same office receive the same number of votes, the question shall be decided by lot? Yes for Approval No for Rejection Section ~ Effective Date. This Ordinance shall become effective immediately upon its adoption. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember the vote was as follows: Mayor Ruth Sullivan Vice-Mayor Martha Wininger Councilmember Louise R. Canwright Councilmember Larry Paul Councilmember Charles Neuberger and upon, being put to a vote, The Mayor thereupon declared this Ordinance duly passed and adopted this ,1998. day of CITY OF SEBASTIAN, FLORIDA By: Ruth Sullivan, Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk (Seal) I ItEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Veto Beach Press Journal as required by State Statute, that one public hearing was held on this Ordinance at 7:00 p.m. on the day of ,1998, and that following said public hearing this Ordinance was passed by tl~e City Council. ATTEST: Katlmam M. O'Halloran, CMC/AAE City Clerk ,a,~proved as to Form and Content: Rich Stringer City Attorney 4 Subject: First Reading for Proposed Ordinance Amending a Portion of Chapter 2, Article VI, Division 2 of the Code of Ordinances Pertaining to the Code Enforcement Board. City of Sebastian, Florida Agenda No. -/~-© Department Origin: City Manager Date Submitted: October 22, 1998 Approved for Submittal by: Thomas W. Frame, City Manager * Proposed Ordinance No. O-98-10 Expenditure I Amount Budgeted: n/a [ n/a For Agenda of: October 28, 1998 IAppropriation Required: n/a SUMMARY The attached proposed Ordinance No. O-98-I0 would amend the current code affecting the code enforcement board. This proposed ordinance would provide for the collection of costs for certain cases; it provides for a citation procedure; it provides for a procedure for enforcement of contractor licensing statutes; it clarifies the role of the City attorney and clarifies the role in the selection of the attorney to assist in the presentation of cases before the code enforcement board. RECDMMENDED ACTION Conduct the first reading on Ordinance No. O-98-10 and set the second reading and public hearing for November 18, 1998. ~¥ OF CODE 0nD 9 FEW S J CT CaAN ES 2-176 2-177 2-178 2 -179 2-180 2 -182 2-182 2-183 2-184 2-185 2-186 2-187 22188 2-189 2-195 2 -196 2-197 2-190 2-176 - board created Statute numbers changed to conform, with current statute. 2-177 - definitions 2-17.8 - jurisdiction 2-179 - membership 2-180 - qualification 2-181 - term of office Definition of repeat violation~ changed to include violations' prosecuted under citation method. Typographical error corrected, I paragraph c added none (repealed by 0-97-57) 2-182 - quorum 2-183 - compensation Renumbered I Ren,,m~ered. typographical errorI corrected 2-184 - organization 2-185 - rules Renumbered, revised to allow election, of board officers at the first meeting at which any seven members (regular or alternate) are present Ren~--~ered I 2~186 - clerk 2-187 - legal counsel 2-188 - presentation of cases 2-189 - subpoena power 2-190 - obstructing inspection 2-191 - service of notice 2-192 - enforcement methods Renumbered i Renumbered Renumbered, changed to reflect council's authority to hire attorney to Present cases Ren,-.hered I Renumbered I Renumbered, paragraph b deleted (same provision was contained in old 2-190,t new 2-193) Paragraph a amended, paragraph b_ moved to 2-193, new paragraph b added, i I 2-190 b, 2-191, I2-192, 2-193 i i i None INone i 2-194 NEW ~ SUBJECT 2-193 - procedure before board to enforce codes 2-194 - procedure to enforce codes by court citations 2-195 - procedure to enforce contractor licensing statute 2-196 - appeals CHANGES Combined into one section (each of' the three enforcement methods is now described in its own section) (a) provides that when code inspector finds violation, the violator is given opportunity to correct, if not corrected, a hearing is set (b) describes hearing procedure (c) describes procedure for setting and enforcing fines. New enforcement procedure added (a) authority for procedure (b) grant of authority to code officer (c) notice and opportunity to cure, form of citation. (d) transmittal to court (e) penalty for refusal to sign citation (f) secticm not applicable to enforcement of building codes (g) enforcement method not exclusive New enforcement procedure added (a) authority for procedure (b) grant of authority to code officer (c) form of citation (d) penalty for prohibited contracting activity (e) notice and opportunity to cure citation, hearing procedures (f) enforcement method not exclusive Amended to show that appeal procedure from decisions of the court is as pruvided in the Rules of Appellate Procedure ORDINANCE NO. 0-98-10 AN ORDINanCE OF THE CIT~ OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDIN~ A PORTION OF CHAPTER 2, ARTICLE VI, DMSION 2, OF THE CODE OF ORDINANCES , PERTAINING TO T~W CODE ENFORCEMENT BOARD; PROVIDING FOR ~ RECOVERY OF ALL COSTS INCUR~ IN PROSECUTING CASES BEFORE THE CODE ENFORr~TT BOARD AND PROVIDING FOR THE ISSUANCE OF CODE ENFORCEMENT CITATIONS; PROVIDING FOR T~E ENFORCEMENT OF STATUTES REGULATING CONTRACTING WITHOUT A LICENSE; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDII~NCES IN CONFLICT ~EWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; 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; and WB]~REAS, Chapter 162 of the Florida Statutes under 162.07 (2) provides for the recovery of all costs Section incurred 'in prosecuting cases before th~ Code Enforcement Board;-and W~r~tEAS, Chapter 162 provides for the issuance Of 'citations for violation of City Codes; and ~ · WHEREA~, Section 489.127 of Chapter 489 of the Florida Statutes provides for the enforcement of statutes regulating contracting by unlicensed persons, and. WHEREAS, 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 enforcing the City Code of Ordinances and Land Development Code is administered in accordance with the principles of due process. NOW T~m~OP~, BE IT ORDAINED B~ T~ CIT~ COUNCIL OF ~ CI~ OF S~~, ~~ ~ C~, ~O~A, ~ Section 1. Chapter 2, ~ticle VI, Division 2, is her~y ~ended to rea~ as follows: D~ISION 2. CODE ~ORC~ BO~* Sec. 2-176. ~t~. . (a) ~ere is her~y created ~d est~l~shed the S~asti~ Code ~forc~t Board. ~e board is created ~ est~lished pursuit to the au~ority grated p~su~t to the Local ~ove~ent co e Bo?us Ac , ough (b) ~ose prov=sions of ~e Local ~ove~ent Code Enfo~c~ent Boards Act, as set for~ ~ F.S. ~162.01 through 162.22, which are not inconsist~t wi~ this dLvision, are her~y adopted as. ordin~ces of ~e city. (Code 1980, ~2-91~ Ord. No. 0-93-16, ~1, 2-9-94) * State law terraces-Code ~forc~t, F.S. ch. 162: co~e enforc~t boar~, F.S. ~162.01 through 162.22. Sec. 2-177, Def~ti~. ~e foll~g ~rds, ~.te~ ~d p~ases, when used in this division, s~ll ~ve ~e me~gs ~scr~ed to th~ in this section, except where the cont~t cleaTly 1ndicates a different me~ing: City me~s ~e City of S~astL~, Indi~ River cowry, Flori~. Code inspector me~s ~ose ~lo~ees or o~her agars of city whose ~u~y it is to enforce c=ty co~es ~d/or to present co~e violations to the boar~. Coae(.s) me~s the Code of 0rdin~ces ~d/or the Developmen= Code of ~he City of S~as=~. Cowry me~s Indi~ River Cowry, Florida. Person me~s ~y individual, co~oration, partnership, fi~, association, legal representative, t~stee or receiver. Repeat violation means a violation of a provision of a code or ordinance by a person whom the code enforcement board or the county court has previously found to have violated the same provision within 5 years prior to the violation or a person who has paid a civil penalty for a violation of the same provision, which violation occurred within 5 years prior to the violation. Violator means the person responsible for the code violation which, in the appropriate circumstances, shall either be the perpetrator of the violation or the owner of the real property upon which the violation occurred. (Code .1980, S 2-92; Ord. No. 0-93-16, § 1, 2-9-94) Cross reference-Definitions and rules of constrUction generally, § 1-2. State law refer~nce-S~lar provisions, F.S. § 162.04. Sec. 2-178. Jurisdiction. (a) Unless _e_x. clusive jurisdiction and authority for enforcement of the C~ty's Code of Ordinances and Land Development Code is expressly and 'exclusively granted to one'of the city's other boards, commissions, committees or administrative officials, the code enforcement board .shall have the authormty and jurisdiction to hear and determine alleged violations of the Code of Ordinances and Land Development Code of the City of Sebastian. (b) The .jurisdiction of the code enforcement boardsha11 not be exclusive, but shall 'be concurrent with any other board, commission, committee or a~ministrative official char~ed with the enforcement of the Code of Ordinances or Land Development Code of the City of Sebastian. (c) Nothing contained in this Division 2 shall prohibit the city from enforcing its codes or ordinances by any 'other means. ! ! (Code 1980, ~ 2-93; Ord. No. 0-93-16, §1, 2-9-94) ! ! Cross references-Puller elevations standards, § 26-1; technical code adopted, ~26-31 et seq,; electrical code, §26-61 et seq.; ener~ code, 826-111 et seq.; swimming pool code, ~26-136 et seq.: drainage requirements, §§26.2, 90-87; contractor licensing and regulations, ~26-161 et seq.; business license, §30-27 et seq.: fire prevention code, §42~46 et seq.; flood damage prevention code, §46-26 et seq.; sanitary regulations, ch. 50; land development code, ch. 54; mobile home anchor regulations, §62-3: nuisances, ch. 66; solid waste, ch. 86: junk regulations, §86-46 et seq.; driveway construction and repair regulations, §90-86 et seq, Sec. 2-Z79. Meml:)e~sbip; composition. The board shall be composed of seven regular members, and at the city council's discretion, up to two alternate m~m~ers. All members shall be appointed by the city council and the board shall consist, whenever possible, of the following: (1) One architect; (2) One businessman; (3) One engineer; (4) One general contractor; (5) One realtor; (6) One subcontractor; (7) The final me~ber, and alternates if appointed, may be any qualified resident of the city. (Code 1980, ~2-94(a); Ord. No. 0-93-16, §1, 2-9-94) State law reference-Similar provisions, F.S. ~162.05(2). Sec. 2-180. Qualifications. Each regular member appointed to the board shall possess the following minimumqualifications: (1) The architect an~the ~ngineer shall be registered under the Laws of the State of Florida regulating the practice (2) of architecture and engineering or shall possess slmilar qualifications under the laws of other states or shall have actual experience deemed by the city council to be equivalent to such registration. The general contractor and the subcontractor shall possess a valid certificate of competency and occupational license, recognized and accepte~ un~er the Laws of the State of Flori,'a and the codes of the city, regulating the business of contracting and, where required, state registration as a contractor, or shall possess similar qualifications under the laws of other states, or shall have actual experience deemed by the city council to be equivalent to such certification. (3) The realtor shall be licensed under the Laws of the State of Florida licensing real estate brokers as either a broker or salesman, or shall possess similar 4 qualifications under the laws of other states or shall have actual experience deemed by the city council to be equivalent to such licensing. (4) The businessman shall be actively engaged in any lawful business within the city, or shall be an officer or employee of a business entity holding a current and valid occupational license issued by the city. (s) In accordance with section 2-170, each member shall be a resident of the city. If a member of the board ceases to be a resident of the city, such member shall immediately notify the city c~rk of such occurrence and their membership onthe board shall terminate automatically and immediately. (Code 1980, S2-94(b); Ord. No. 0-93-16; §1, 2-9-94; Ord. No. 0-97- 37, §1, 9-25-97) Sec. 2-181. Terms of office. (a) Of the regular men-ers initially appointed to the board= (1) Two members shall be appointed for a term of one year each. (2) Three members shall be appointed for a term of two years each. (3) Two m~mbers shall be appointed for a term of three years each. ( (b) After the initial appointments, all subseqUent appointments shall be made for terms of three years each. (c) In no event shall any ind/vidual who has served as a regular member of the board for the greater of two consecutive terms or six consecutive years be reappointed to serve another consecutive term as a regular member of the board unless no other individual, who is otherwise legally qualified to serve .as a regular member of the board, has filed an application, which is then still pending, with the city clerk, seeking appointment to serve as a regular member of the board. (Code 1980, §2-94(c); Ord. No. 0-91-23, §1, 9-25-91; Ord. 93-16, §1, 2-9-94; Ord. No. 0-97-57, ~2, 9-25-97) No. 0- State law reference-Similar provisions, FS. S162,05(3). Sec. 2-182. Four or more members of the board shall constitute a quorum. (Code 1980, §2-96; Ord. No, 0-93-16, §1, 2-9-94) State law reference-Similar provisions, F.S. §162.05(4). Sec. 2-183. C~ensatlon. Members of the board shall serve without compensation, but may be reimbursed for such travel expenses, mileage expenses and other per diem expenses as may be authorized by th~ city manager, or'as otherwise provided by law. (Code 1980, §2-97; Ord. No. 0-93-16, §1. 2-9-94) State law reference-Similar provisions, F.S. §162.05(4). Sec. 2-184. Organization. (a) The board officers shall consist of a chairperson, vice- chairperson and such other officers as the board shall deem necessary. (b) Officers of the board shall be elected by a majority vote of the membership of the board. The election shall be held at the first meeting of the board calendar year at which at least seven regular or alternate members are present. (Code 1980, §2195; Ord. No. 0-93-16, §1, 2-9-94) State law reference-Similar provisions, F.S. §162.05(4)'. Sec. 2-185. ~ules and regulations. The board may adopt such rules and regulations, as are not inconsistent withthe provisions of F.S. ch. 162 or this division, for the conduct of its hearings. (Code 1980 , §2-98; Ord. No. 0-93-16, 81, 2-9-94) - State law reference-Similar provisions, F.S. §162.08(1). Sec. 2-186. Clerk. The city clerk shall agpoint a city employee to be the board clerk, who shall perform the functions assigned to the clerk as set forth in this division. (Code 1980, §2-99; Ord. No. 0-93-16, §1, 2-9-94) Sec. 2-187. Legal Counsel. The city attorney shall represent and be counsel to the board and attend all meetings. (Code 1980, S2-100; Ord. No. 0-93-16, §1, 2-9-94; Ord. No, 0-97-01, 81, 1-8-97) State law reference-Attorneys, F.S. §162.05 (5) . Sec. 2-188. Presentatio~ of cases. A representative of the city bHildi~g~pa~cment shall present cases before the board. The city council may, upon recommendation of the city manager, retain a member of the Florida Bar to assist in presentation of cases. (Code 1980, §2-101; Ord. No. 0-93-16, §1, 2-9-94; Ord. 01, §2, 1-8-97) No. 0-97~' State law reference-Attorneys, F.S. §162.05 (5)'. Sec. 2-189. Subpoena powers. The board shall have the authority to subpoena alleged violators and witnesses to its hearings. The city, the board or the alleged violator may ~equest that witnesses and records be subpoenaed to any emergenc~ or formal hearing. Subpoenas shall be served as allowable by law. The chairperson of the board shall provide the board clerk with sufficient signed and blank witness 'subpoenas to be provided to alleged violators and the cltyattorney for the purpose of subpoenaing witnesses and records. The alleged violator shall pay to the city a fee of $12.00 for each subpoena served by the city at the request of the alleged violator. (Code 1980, S2-107; Ord. No. 0-93-16, §1, 2-9-94) State law reference-S4~{lar provisions, 162.08 (~), (3) . See. 2-190. Obstructing Inspector. Whoever opposes, obstructs or resists a code inspector in the discharge of any duty provided in this division, upon conviction, shall be guilty of a misdemeanor of the second degree, punishable in accordance with the Laws of the State of Florida. 7 (Code 1980, §2-109~ Ord. No. 0-93-16, §§, 2-9-94) Sec. 2-191. Service of Notice. All notices required by this part shall be provided to the alleged violator by certified mail, return receipt requested~ by hand delivery by the sheriff or other law enforcement officer, code inspector, or other person designated by the city council by resolution~ or by leaving the notice at the violator's usual place of residence wi~hany person residing therein who is above 15 years of age and informing such pe~on of the contents of the notice.' State law reference-Similar provisions. F.S. § 162.10. Sec. 2-192. Enforcement Methods. (a) It shall be the duty of the code inspector to enforce the- various codes and initiate enforcement proceedings as described in' Sections 2-193, 2-194 and 2-195. No member of the board shall have the power to initiate enforcement proceedings. (b) If a violation of the Codes is found, the enforcement officer may proceed under Section 2-193, Section 2-194 or Section 2-195 as is appropriate for the violation. Sec. 2-193. Proceclures Before Board for Enforcement 'of Co~es. (a) Oppo~tunlty to correct v~olatlon, sche~ul~n~ 0f'"hearln~. (1) Except as provided in subsection- (3) of [this section, if a violation of the codes ii fo.u~.d, ~e code ins~tor 'shall notify the alleged violato~and g~ve h.~n. atr~easOnabl® tim~ to correct the violation. If the v=olation contLnues beyond th~t~ne specified for correction, the code inspector shall notify the board's clerical staff, who shall schedule a hearing, and wwitten notice of such hearing shall be hand-delivered or mailed as provided in section 2-191 of ,J~is division. At the option of the board, noticemay additionally be served by publication or posting as' allowable by law. If the violation is corrected and then recurs, or if the violation is not corrected by the time specified for correction by the code inspector, the case may be presented to the board even if the violation has been corrected prior to the board hearing, and the notice of hearing shall so state. (2) If a repeat violation is found, the code inspector shall notify the violator, but shall not be required to give the violator a reasonable time to correct the violation. The code 8 inspector, upon notifying the violator of a repeat violation, shall notify the board and request a hearing. The board, through its clerical staff, shall schedule a hearing and shall provide notice in the same manner as provided in subsection above. The case may be presented to the board even if the repeat violation has been corrected prior to the board hearing, and the notice shall so state. (3) If the code inspector has reason to believe a violation presents a serious threat to the public health, safety and welfare or if the violation is irreparable or irreversible in nature, the code inspector shall make a reasonable effort to notify the violator and may .4mediately notify the board and request'a hearing. (Code 1980, §2-102; Ord. No. 0-93-16, §1, 2-9-94) (b) Fo~nal hear:Lucj on violations. (1) Upon request of the code inspector, or at such time~ as may be necessary, the chairperson of the board may call -a hearing. A hearing may also be called by written notice signed by at least three members of the board. '" (2) Minutes shall be kept of all hearings of :the board. (3) The city shall provide clerical and administrative personnel as may be reasonably required by the board-to properly perform its duties. : (4) Each case before the board shall be presented by a member Of the administrative staff, with assistance, if necessary, from a member of the Florida Bar. (5) The burden of proof shall be with the city to show, by a preponderance of the evidence, ~hat a code violation exists and the alleged violator committed, or was responsible for co~tting, permitting, allowing, authorizing or maintaining the violation. (6) The Board shall hear the cases on the agenda for that day unless dismissed or withdrawn by the city or deferred or continued by the board. All testimony received by the board shall be under oath and shall be recorded. (7) Ail hearings of the board shall be opened to the public and any alleged violator shall be given an opportunity to be heard. (8) The board shall first take testimony and other evidence from the code inspector. The board shall also take testimony and other evidence from the alleged violator. If, however, after receiving testimony and other evidence from the code inspector, the board does not believe that the alleged violator has committed the violation, then the board may dismiss the case against the case against the violator without taking the alleged violator ~ s testimony. (9) Each party to the hearing shall have the right to: (i) (ii) Call a:d examine witnesses7 Introduce other evidence and exhibits~ (iii) Cross-ex--~ne opposing witnesses. (10) The alleged violator may be represented by an attorney at the formal hearing. (11) Formal rules of evidence shall not apply, but' fundamental due process shall be observed and shall govern the proceeding. (12) At the conclusion of the hearing, the board.shall issue findings of fact, based solely on the evidence presented at the hearing, setting forth the specific facts ..which the board determines to exist. The board shall also issue conclusions of law, based upon the findings of fact, setting forth'the specific 'code or codes which have been violated,, if any/':~' If 6he'~board determines, as. a conclusion of law, that a violation exists,' the board shall issue an order,of enforcement which is consistent with the powers ~ranted herein. 'If the board concludes, based upon the finding of fact, that no violation has been committed,'an order shall be entered dismissing the city's case. .~ ....~ ..il (13) The findings of fact, conclusions of law, and order of' enforcement shall be by motion, approved by a majority of those members present and voting, except that at least four members of the board must vote in order for the action to be official,. The findings of fact, conclusions of law and order of enforcement shall be reduced to writing by the board clerk and shall indicate the names of the board m~hersvoting upon the order and shall indicate if the individual member voted in the affirmative or in ~the negative. The written order shall be signed by the board chairman and approved as to form and content by the board attorney. (14) No board member shall vote in any case in which that member has personal knowledge of the facts of the case pending before the board when said personal knowledge, in the opinion of the board member, will negatively affect the member's ability to render a fair and impartial determination of the case. 10 (15) Every enforcement order shall be filed in the office of the city clerk. A copy of the si~ned order shall be provided to the violator by U.S. Mail, postage prepaid, sent to the last known address of the violator. The city clerk shall place each enforcement order on the next city council agenda. (16) The order may include a notice that it must be complied With by a specified date and that a fine may be imposed if the order is not complied with by said date. A certified copy of such order may be recorded in the public records of the county and shall constitute notice to any subsequent purchasers, successors in interest, or assigns, and the findings therein shall be binding upon the violator and any subsequent purchasers, successors in interest, or assigns. If an order is recorded in the public records of the county pursuant to this subsection and the order is complied with by the date specified in the order, the board shall issue an order acknowledging compliance that shall be recorded in the public records of the county. A hearing is not required to issue such an order acknowledging compliance. (17) if the board believes that a violation presents a serious threat to the public health, safety or welfare, the board may request the city attorney to seek appropriate relief in the name of the city from the county court or the circuit court. (Code 1980, S2-103; Ord. No. 0-93-16. §1, 2-9-94) State law reference-Similar provisions, F.S. §162.07. (c) Aa~nistrative fines; liens. (1) The Board, upon notification by the enforcement officer that an order of t~e 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 amount specified in this section for each d ay the violation continues past the date set by the Board for compliance or, in the case of a repeat violation, for each day the repeat violation continues past the date of notice by the enforcement officer to the violator of the repeat violation. If a finding of a violation or a repeat violation has beenmade as provided in this part, a hearing shall not be necessary for issuance of the order imposing the fine. (2) Fines. (a) A fine imposed pursuant to this section shall not exceed $250.00 per day for a first violation and shall not exceed $500.00 per day for a repeat violation. 11 (~) In determining the amount of the fine, if any, the Board shall consider the following factors (i) (ii) (iii) The gravity of the violation; Any actions taken by the violator to correct the violation; and Any previous violations committed by the violator. (c) The Board may redu=e a fine imposed pursuant to this section. The Board, however, shall create written criteria for the reduction of fines. Said criteria shall be adhered to when considering a request to reduction. (d) The Board may recover all costs incurred in' the prosecution of the case before the Board' and such costs may be included in any lien that may be imposed by the Board, as provided by Florida Statutes Section 162..07. (3) A certified copy of an order of the Board or special master imposing a fine pursuant to this section shall 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 section shall continue to accrue untilthe 'violator comes into compliance or until judgment is rendered in. a suit to foreclose on a lien filed pursuant to this section, whichever occurs first. A lien arising from a fine imposed pursuant to this Section runs in favor of the City, and the City may execute a satisfaction or release of lien entered pursuant to this section. After three months from the filing of any such lien · which remains unpaid, the city council may authorize the city attorney to foreclose on the lien. No lien creatad pursuant to the provisions of this section may be foreclosed on real property which is a homestead under section 4, article X of the' State Constitution. (Ord. No. 0-93-16, §1, 2-9-94) State law reference-Similar provisions, F.S. §162.09. 12 (4) Daratic~ of ii,,-. NO lien provided under this division shall continue for a period longer than 20 years after the certified copy of an order imposing a fine has been recorded, unless within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. In an action to foreclose on a lien, the prevailing party is entitled to recover all costs, including reasonable attorney's fees, that it incurs in the foreclosure. The City shall be entitled to collect all costs incurred in recording and satisfying a valid lien. The continuation of the lien effected by the commencement of the action shall not be good against creditors or subsequent purchasers for valuable consideration without notice, unless a notice of lis pendens is recorded. Sec. 2-194. Procedure for Enforcement by Court - Citations. (a) These procedures are enacted pursuant to Section 162.21, Florida Statutes. -(b) Citation authorization; application. A code enforcement officer so designated by the City is authorized to issue a citation to a person when, based upon personal investigation, the officer has reasonable cause to believe that the person has committed a civil infraction in violation of a duly enacted City code or ordinance; the county court will hear the charge. Designation as a code enforcement officer does not provide the code enforcement officer with the power of arrest or subject the code officer to the provisions of ss. 943.085-943.244. (c) Notification pri©r to citation issuance; procedures. ¢ (1) Prior to issuing a citation, a code enforcement officer shall provide notice to the person that the person'has 'co~aitted a violation of a code or ordinance and shall establish a reasonable time period within which the person must correct the violation. Such time period shall be no more than 30 days. If, upon personal investigation, a code enforcement officer finds that the person has not corrected the violation within the time period, the code enforcement officer may issue a citation to the person who has co-~,~tted the violation. If the code enforcement officer has reason to believe that the violation presents a serious threat to the public health, safety, or welfare, or if the violation is irreparable or irreversible, then the code enforcement officer does not have to provide the person with a reasonable time period to correct the violation prior to issuing a citation and may immediately issue a citation. Notwithstanding the preceding sec. 2-194 (c) (1), the City Council shall adopt, by resolution, a schedule of violations and penalties to be assessed by code enforcement 13 officer, including standard notification time periods for specific types of violations, said time periods not exceeding 30 days. (2) A citation issued by a code enforcement officer shall be in a form prescribed by the City and shall contain= 1. The date and time of issuance. 2. The name and address of the person to whom the citation is issued. 3. The date and time the civil infraction was co-~tted. A brief description of the violation and the facts constituting reasonable cause. $. The number of the section of the code or ordinance violated. 6. The name and authority of the code enforcement officer. 7. The 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 person. elects to contest the citation. 9. The applicable civil penalty if the person' elects not to contest the citation. 10. A conspicuous statement that if the person fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citation, he shall be deemed to have waived his right to contest, the citation and that, in such case, judgment may be entered against the person for aha mount up to the maximum civil penalty. (d) After issuing a citation to an alleged violator, a code enforcement officer shall ensure that the original citation and one copy of the citation are deposited with the county court. (e) Any person who willfully refuses to sign and accept a citation issued by a code enforcement officer shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083., F.S. (f) The provisions of this section shall not apply to the enforcement of buildin~ codes adopted pursuant to s. 553.73, F.S., as they apply to construction, provided that a building permit is either not required or has been issued by the City. (g) The provisions of this section are an additional and supplemental means of enforcing City codes and ordinances; nothing contained in this section shall prohibit the city from enforcing its codes or ordinances by any other means. 14 Sec. 2-195. Procedure for Enforcement of Contractor Licensing Statutes. (a) These procedures are enacted pursuant to Section 489.127, Florida Statutes. (b) A code enforcement officer so designated by the City may issue a citation for any violation of ss. 489.127 (1) or s. 489.132(1), F.S. (relating to unlicensed, uncertified or unregistered contractors), or for any violation of Chapter 26, City of Sebastian Code of Ordinances, whenever, based upon personal investigation, the code enforcement officer has reasonable and probable cause to believe that such a violation has occurred. (c) A contracting citation issued by a code enforcement officer shall be in a form prescribed by the City and shall contain the information outlined in Sec. 2-194 (3) (b), items 1-9. (d) Penalties. The City Council shall adopt, by resolution, a schedule of penalties to be assessed by the code enforcement. officer, for each prohibited contracting activity as set forth in ss. -489.127 (1) and 489.132(1), F.S., and Chapter 26, City of Sebastian Code of Ordinances. The maximum civil penalty which may be levied shall not exceed $500.00. Each day a willful, knowing violation continues shall constitute a separate offense. (e) Cessation of Violations; Hearing Procedures. (1) The act for which the citation is issued shall be ceased upon receipt of the citation. The person charged with the violation shall elect either to correct the violation -~d pay the civil penalty in the manner~indicated on the citation or, within 10 days of receipt of the citation, exclusive of weekends and legal holidays, request an administrative hearing to contest the issuance of the citation by the code enforcement officer. Said 'administrative hearing shall be held before the city code enforcement board. Any person who willfully refuses to sign and accept a citation used by a code enforcement officer commits a misdemeanor of the second degree, punishable as provided for in s. 775.082 or 775.083, F.S (2) Failure of a violator to contest the decision of the code enforcement officer within the time period set forth in the preceding paragraph shall constitute a waiver of the violator's right to an administrative hearing. A waiver of the right to an administrative hearing shall be deemed an a~mission of the violation and penalties may be imposed accordingly. (3) If the person receiving the citation, or his designated representative, shows that the citation is invalid or that the violation has been corrected prior to appearing before the 15 city Code. Enforcement Board, the enforcement board shall dismiss the citataon. . . (4) If the enforcement board lands that a vLolation exists, the enforcement board may order the violator to .pay a civil penalty of not less than the amount set forth.on the c~tation but not more than $500.00 per day for each violatLon. In determining the amount of the penalty, the enforcement board shall consider the following factors: · a. The ~ravaty' of the violation. b. Any actions taken, by the violator to correct the violataon. ' ' c. Any previous violations committed by the vaolato, r .. . . (5) Upon written notafacat~on by the code enfor, cement o.fficer that a violation has not been corrected within the tLmeframe set forth on the citation ( . as applicable), the enforcement board shall enter an order .ordering the violator to pay the civil penalty set .for on the citation, and .a hearing shal'l not' be necessary for the ~ssuanc, of such order. . . (6) A .ce.rtafaed' ' copy of any order imposing a Penalty against an uncert~f~ed contractor .s. hall be recorded in the public records and thereafter shall const.ztute a lien against.any real or personal property owned by the vaolator.. Upon petition to the circuit court, such order may be enforced an the same. manner as a =ou~.t judgment by the sheriffs of this state, including a levY against personal property; however, such order shall .not be ~'~ deemed to be a court .judgment except for enforcement purpo'Ses.~,'.- A.civil pen.alty imposed pursuant ~o this part shall continue to accrue unt=l the. violator comes 'into compliance or until judgmen.t 'is rendered an a .suit to foreclose on a lien filed Pursuant to. this subsection, whichever occurs first. After 3 months from the filing of any such lien which .remains unpaid, the city council' may authorize the local governing body's attoz~.ey to ·foreclose on the lien. No lien created pursuant to the .provasions of this part may be foreclosed on real property which as a homestead under 's.' 4, Art. X of the State Constitution. (f) Nothing contained in this section' shall prohabit' the City from enforcing its codes or ordinances by any other means. Sec. 2-196. Appeals. ' An aggrieved party, ~ncluding' the city, may appeal a final order of the Board or a special master to the circuit cou. rt. Such an appeal shall not be a hearing de novo (no new evidence or testimony shall be presented) but shall be limited to appellate review of the record created before the board. An appeal shall be filed within 30 days of the execution by the chairperson of the order to be appealed. .Orders of the County Court may be appealed as provided by the Florida Rules of Appellate Procedure. (Ord. No. 0-93-16, §1, 2-9-94) . State law reference-Similar provisions., §162.11. Section 2. CONFLICTS. Ail ordLnances or parts of ordinances in conflict herewith are hereby r pealed. Section 3. CODIFICATION. It is t. he ~ntention of the city council of the city of Sebastian, Indian Rzver county, Florida, and it is hereby provided that the provisions of this ordinance shall become and be made a of the code or of the City of part Ordin .ances Sebastian, Florida; That the sections of .th~s ordinance may be ren,,m, hered or relettered to accomplish such ~ntention; and the word "Ordinance" may be changed to "Section," "Article" or other . appropriate designations. Section 4. . .SEVEHABILITX. In the event a court of competent jurisdzctzon shall hold or de. termine that any part of this ordinance is invalid or unconstztutional, the. remaining provisions of this ordinance not be affected and ~t be sh.amm presumed that the City Council of the ci. ty .of Sebastian d~d 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 withe, ut sa~d ~nvalid and unco.nst.itutional provisio~, thereby causzng saLd remainder to remain ~n full force and effect. Section 5. EFFECTIVE DATE.. Thms ordinance shall become effective immediately upon its adoptzon... The foregoing ordinance was moved for adoption by Counczl membe.r . The motion was seconded by Counc~lmember and, upon being put tea vote, the vote was as follows . Mayor Ruth Sullivan Vice Mayor Martha S. Wininger Councilm-~her Larry Paul Councilmember Louise Cartwright Councilmember Chuck Neuberger The Mayor thereupon declared this ordinance duly passed and adopted this , day of , 1998. CITX OF SEBASTIAN, FLOP. IDA By: Ruth Sullivan, Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk 18 City of Sebas_h_-an, Florida Subject: Final Extension to the Franchise Agenda No. ~. O0/ For Falcon Cable TV Department Origin: City Manager Approved for Submittal by: Thomas W. Frame, City Manager /~ _-. Date Submitted: October 22, 1998 ~bt2)'(~ For Agenda of: October 28, 1998 Exhibits: Resolution 1.,-98-47 REQUII~D: N/A LN/A / REQUm~D: N/A SUMMARY " The attached proposed resolution will extend the franchise until December 31, 1998. The proposed draft franchise ordinance will be distributed to the Council at the Wednesday October 28, Council meeting. '. A workshop is requested to review the proposed franchise with the City Council on Wednesday, November 18, 1998 at 6:00 p.m. with the first reading to follow at the regular Council meeting immediately following the workshop. This will also allow adequate time for the City Attorney to review the document and make any adjustments that might be required. The second reading and public hearing for adoption would be conducted on December 18, 1998. ' RECOMMENDATION Move to approve Resolution 1',-98-47 extending to the franchise to December 31, 1998. RESOLUTION NO. R-98-47 A RESOLUTION OF THE CiTY COUNCIL OF Ti:W. CiTY OF SEBASTIAN, FLORIDA, GRANTING AN F_,XTENSION OF AN EXISTING NON-EXCLUSIVE CABLE TELEVISION FRANCHISE FOR A MAXIMUM OF SIXTY DAYS UNLESS ADDmONAL TIM]g IS EXTENDED BY PASSAGE OF AN ADDITIONAL RESOLUTION OF TKE CITY COUNCIL; PROVIDING FOR THE RETROACTIVE COLLECTION OF ANY FRANCI:il.qE REVENUE; AND PROVIDING FOR AN EFFECTIVE DATE. WHF, REAS, Cable TV Fund VIII-& a Limited Partnership, Jones Intercable, Inc., General Partner was granted a non-exclusive franchise to operate and maintain a community antenna television system in the City of Sebastian, Florida by the City Council on September 23, 1981, by City Ordinance No. 218-E; and WHEREAS, by Resolution 11.-87-74 the City Council assigned and transferred Ordinance 218-E as mended onMay 30, 1986, bom Cable TV Fund VIII-& Jones Intercable, inc., to Falcon Cable Media, L.P., a California limited partnership on October 28, 1986; and WI:I-i~REAS, the non-exclusive franchise was granted and assigned to Falcon Media, L.P., was valid for a period of fffieen (15) years from 9/23/81; and WHEREAS, Falcon Media, L. P., had requested renewal of the franchise from October 1, 1993; and WFI3E~_REAS, recent changes have been enacted by the U.S. Congress establis:Lng broad and new regulations affecting most telecommunications businesses; and WHEREAS, time has not permitted adequate opportunity to assess the ramifications of the Telecommunications Act of 1996, and those concerns as expressed by the franchisee's customers; and WHEREAS, the City of Sebastian desires to update its franchise ordinances and other pertinent regulations prior to the negotiations and renewal of the existing franchise with Falcon Media, L.P.; and WltERF_~S, it is in the public's best interest to properly update the City's current franchise ordinance and carefully proceed with the negotiations for the renewal of the cable television franchise. WItEREAS, the City Council adopted Resolution No. R-96-67 on September 11, 1'996 emending the cable television franchise for sixty (60) days commencing on September 23, 1996 and expiring November 21, 1996; with a provision for additional extensions by Resolution; WltEREAS, the City Council granted (60) sixty days extensions by adopting Resolution Nos. R-96-85, R-97-05, R-97-15, R-97-29, R-97-37 R-97-50, R-97-77, R-97-83. WltEREAS, the current sixty day extension expkes on November 2, 1998; and WItERF_.AS, an additional sixty (60) days is needed to prepare a proper franchise ordinance. NOW, THEREFORE, BE IT Indian River County, Florida as follows!, RESOLVED by the City Council of City of Sebastian, SECTION 1. The non-exclusive franchise established by Ordinance 218-E granted to Cable TV Fund VIII-& Jones lntercable, Inc., on September 23, 1981, and assigned and transferred to Falcon Cable Media, L.P., a California limited partnership pursuant to Resolution R-87-74 extended for sixty (60) calendar days commencing September 23, 1996 and expiring November 21, 1996 by Resolution No. R-96-67; extended for sixty (60) calendar days commencing November 21,1996 and expiring January 19, 1997 by Resolution No. R-96-85; extended for sixty (60) calendar days commencing January 19, 1997 and expiring March 19, 1997 by Resolution No. R-97-05; extended for sixty (60) calendar days commencing on May 17, 1997 and expiring July 15, 1997 by Resolution No. R-97-29; extended for sixty (60) days commencing on July 15, 1997 and expiring September 12, 1997 by Resolution No. R-97-37; extended for sixty (60) calendar days commencing on September 12, 1997 and expiring November 11, 1997 by Resolution No. R-97-50; extended for an additional sixty (60) days commencing November 1 l, 1997 and expiring January 9, 1998, extended for an additional sixty (60) days commencing January 9, 1998 and expiring March 9, 1998 by Resolution R-97-83; extended for an additional sixty (60) days commencing March 9, 1998 and expiring May 7, 1998 by Resolution No. R-98-10; extended for an additional sixty (60) days commencing on April 22, 1998 and expiring July 6, 1998 by Resolution No. R-98-18; extended for an additional sixty (60) days commencing on July 6, 1998 and expiring on September 4, 1998 by Resolution No. R-98-26; shall be extended for an additional sixty (60) days commencing on September 4, 1998 and expiring on November 2, 1998 by Resolution No. R-98-38; shall be extended for an additional sixty (60) days commencing on November 2, 1998 and expiring on December 31, 1998 by Resolution No. R-98-47. SECTION 2, All revenue requked by the current fi-anchise, and any additional revenue which may accrue to the City through challges incorporated into the franchise ordinance or franchise renewal shall be paid retroactively commencing September 24, 1996, by Falcon Cable Media, L.P., a California limited partnership. SECTION 3. Falcon Cable Media, L.P., a California limited partnership by acceptance of the extension to the current cable franchise agrees to the terms of this resolution. SECTION 4. This resolution shall take effect on N°vember 2, 1998. The foregoing Resolution was moved for adoption by Council Member The motion was seconded by Council Member the vote was as follows: Mayor Ruth Sullivan and upon being put to a vote, I Vice-Mayor Martha S. Wininger 1 Councilmember Louise R. Cartwright Councilmember Larry Paul Councilmember Chuck Neuberger The Mayor thereupon declared this Resolution duly passed and adopted this day of I · 1998. CITY OF SEBASTIAN, FLORIDA I BY:Ruth Sullivan, MaYor i i ATTEST: ! Kathryn M. O'Halloran, cMC/AAE i City Clerk ! i Approved as to Form and Content: Timothy Williams, Interim City Attorney I I i i I 4 I · [ City of Sebastian, Florida i Subject: Supplemental Agreement for Agenda No. ~0(~. ~_~ Barber Street Bridge Design - Kimley-Horn and Associates, Inc. Department Origin: Public Works I Martha C,a~m/~bell, City Approved for Submittal by:' Engineer- 0~~~, Thomas Frame, City Manager I Exhibits: Scope of Services, Exhibit 2 i EXPENDITURE AMOUNT BUDGETED: APPROPRIATioN REQUIRED: $30,000 $141,000 REQUIRED: N/A I $1,13'IMARY i This item is to seek Council approval for a supplemental With Horn for the- agreement Kimley design of improvements to Barber Stre, et Bridge over Elkcam Waterway. Kimley Horn is the City's Bridge EngineeTing Consultant.'~ The consultants are currently working on designs for I improvements to Englar St., Periwinkle St., Barber St. (over Collier Creek) and Fleming St. Bridges that was approved by Council in June. The proposed improvements to Barber St. bridge over Elkcam Waterway will be to widen the bridge, adding pedestrian facilities, and to install I railings and guardrails that meet FDOT and A. AsHTo design standards. This project is identified in the FY99 Capital Improvement Program. Funding for the design (and future construction) I will be from a combination of City Gas Tax Revenue and Transportation Impact Fees collected by Indian River County. The Indian River County Commission approved of the Interlocal Agreement with Sebastian for the use of impact fees for this purpose, therefore, t'_ :~-City is ready i to proceed with the design. [I,ECOM~IENDED A~TION IMove to approve Exhibit 2 with Kimley Horn for $30,000. i i Kimley-Horn and Associates. Inc. EXHIBIT 2 Scope of Services Task 1 - Site Evaluation, Coordination and Bridge Concept We will perform an on site review of the existing Barber bridge over Elkham to verify existing conditions and note any conditions that may affect the design, repair, and widening of the bridge. We will take field measurements for the purpose or' determining quantities and removal of existing pipe handrails. Task 2 - Preparation of Construction Documents We will prepare the contract documents (Plans and Tecknica! Specification) for the bridge widening based of widening about the centerline of the existing bridge in order to accommodate two through lanes, a two-way left turn lane, an 8 foot bike and pedestrian path on the west side of the bridge, and a utility shelf on the east side of the bridge. The bridge contract documents will be in accordance with the Florida Department of Transportation ffDOT) Structures Design Guidelines (1987 through revision H) and AASHTO "Standard Specifications for Highway Bridges." (16'h Edition, 1996 with Interim through 1997). The contract documents will be proddced in "English" system of measure. The plans Will be produced using Intergraph Microstation on 1 l"x17" sheets and will consist'of bridge plans only. No roadway plans or utility relocation are included in this exhibit. Specifications for the bridge xvill be the 1991 Standard Specification for Road and Bridge Construction, 1994 Supplemental Specifications to 1991 Standard Specifications for Road and Bridge Construction and FDOT Special Provisions that have superseded the 1991 and 1994 Standard Specifications. Special Provisions will be produced tbr any work not covered bv FDOT Specifications. Task 3- Submittal and Approval bv CiD- of Sebastian We will submit up to tive copies of the contract documents to the City. for their revie:v, comments and approval. We will meet with the City to discuss and mKior Pn~ 7 I I ~-_~ i i i i I I I I I i I I I I i I I Kimley-Horn and Associates. Inc, comments, if an?'. and will incorporate mutually agreed upon issues into the contract documents. Task 4 - Meetings We will be available ~br up to two meetings with the City. These meetings are tbr coordination, field reviews and reviews of the Contract Documents. Task 5 - Construction Assistance The services to be provided during this task include representation at the pre-bid meetings, responding to Contractor inquires, reviewing bids, and assistance to the City in selecting a qualified Contractor. Upon award, we will attend any pre- construction meetings with the Contractor and the City., During construction, our services may include reviewing the required shop drawings (including one re-submittal of such), conducting field site reviews to oversee and monitor the construction progress, and reviewing Record Drawings of the as-built conditions furnished by the Contractor. At substantial completion stage, a walk-through will be conducted t9 prepare a final punch list to aid the City. in the ctoseout of the project. Information to be provided by the City. of Sebastian The City will provide the following information to Kimley-Horn and Associates, Inc., - Ail necessary, survey and right of way int'brmation to design and prepare the bridge widening contract documents - All utility, infor-mtion, sizes, types, etc. that will be supported on the bridge. The City will coordinate atiiity relocations. All relevant existing reports such as engineering, environmental, hydraulic, etc. that are relevant to ;his project. It is our understandi:v'_ Ih~:: '~'~..,~ Civ,- will acuuire :il ae .... .... <<-,_,r~.'. permits ~'rom the Water .Manageme:x Distr:,::. it is our '~:adersmnding ;hat no increase in run-off i Kimley-Horn and Associates, Inc. water ti'om the bridge deck can be directly disposed or' into the waterways. ! o Schedule We propose the followin~ schedule to complete our scope of services as I expeditiously as reasonably possible. I A. Submit Contract Documents ........................... 12 weeks from Notice to Proceed B. Incorporate City of Sebastian Comments ........ 2 weeks from receipt of I Comments and major issues are resolved I C. Construction Assistance .................................... On as needed basis I Fee ' I We will accomplish the sera, ice outlined in this exhibit for the lump sum fee of $30,000.00 including expenses. I Construction Assistance ~e~,ices should they be authorized by the City, would be I accomplish on the basis of our hourly billing rates in effect at the time the ~ervices are provided plus an amount to cover certain direct expenses for the project which would include in-house duplicating, facsimile, mileage, telephone, postage, in- I house blueprinting, and word processing. ! ~.~ ,,r Closure i All fe~.s and times stated in this a~_.eement are valid ~br 60 days after the date a,_,reement bv the E:~ineer. 1 We are prepared ro bezin work on ~l~is project immediate!v and ~viil be hapm' :o I Kimtey-Horn and Associates. Inc, answer any questions relative to these services. We appreciate this opportunity, to submit this scope and fee. Please contact me if you have any questions. Very truly yours, KIMLEY-HORN AND ASSOCIATED, INC. Thomas W. Farnan. P.E. Senior Structural Engineer Claude M. Gentil, P.E. Project Manager Paze l0 i City of Sebastian, Florida Subject: Purchase of Vacuum Truck from Indian River County Utilities Approved for Submittal by: Thomas Frame, City Manager Agenda No. Department Origin: Engineering/Public Ter~ D~fll, Public Works Date Submitted: 10/20/98 For Agenda of: 10/28/98 Exhibits: Budget Approval Request and Letter to Indian River County EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: $25,000 $25,000 REQUIRED: N/A SUMMARY The City Council approved the purchase of a vacuum truck from Indian River County Utilities in the amount of $25,000 as part of the Fi~,al 98/99 budget process. We have requested through the attached letter of correspondence that the Utilities Department put the matter before the County Commission at their earliest convenience. This track will be used to clean out road culverts, driveway culverts, catch basins and curbing to better accommodate the flow of water. RECOMMENDED ACTION Move to authorize the expenditure of $25,000 to Indian River County Utilities for the purchase of the Vacuum Track as budgeted. DEPARTMENT Public Works CRY OF SEBASTIAN CAPITAL OUTLAY REQUEST* FISCAL, YF_.AR~] 1998-1999 DM$10N ITEM NUMBER FUND R~acls and Orlinage 640 Item/Project Name Vacuum Tmcl( item/Project Managel' Ten7 Ha 30 c[a~ Es'timated Acquisition Time Units Requested NUmber of similar Units ,an ]"land De~criptiofl of Item/Pmja~ Priority Rating: Vacuum Tmcl~ to be purchased from Inc~n River 2 County Explain need for this expenditure: Scheduled Replacement Replace Worn Out Equipment .. Pruent Equipment Obsolete Cut Personnel Time x Expand Service _ New Operation Increased Safety Replacement Additional If replacement, describe item to be replaced Disposition ~f Item replaced: Sale Trade In Scrap Other Oept Use Justify need for this Item, Including use: This will be u~ed t~ ~ran driveway culverts and catch ba~ku~ and dmir~cjs pil~. 'Will requested expenditure r~luire additional i]ersonnel? If yes explain: ~ Yes x No E.~tlmated Useful Ufa F.~tirrmt~ Cost $?.5,000 FUNDING SOURCE: Less Trade In $ - (must meet partlmJlar Net Cost' $25,000 rules If other than Oper. is used} Comparable Price Quotes: (1) Indian River County Amount $: 25.0GO. OQ (2) Amount $: (3) Amount $: ,, .Oper. ,. OST Trust If the cost is less than $500 and the expected life is less than one year, then you ~ust use your operational fund accounts I I I 1 I I I I I I i I I I I I I I i/f,/ 001 GENERAL FUND EXPENDITURES ROAD/; DRAIHAGr: FUND-DEPT-ACCT OBJECT 001-23-541- 1540 FrY 96197 FY 97198 DEPT MANAGER ACTUAL BUDGET REQUEST REQUEST [BOOKS. DUES & $627 51,560 $1,S60 EDUCATIOH 541 soolCs & $400 PUBLICATIOH$ $1,560 $400 542 DUES & $50 MEMBERSHIPS $50 543 EDUCATION i)FL. SAFETY & I-~4.LTH COHF.. i EMI:k-S250 $1.110 2)A_I~E~CA~I PUBLIC WORKS ASSOC. MTG.. I EMP"$150 3)SIGN SHOP EMPLOYEE COURSES=S710 $I.II0 FY 96197 FY 97198 DEPT FUNO-DEPT-ACCT OBJECT ACTUAL BUDGET REQUEST [001-23-541- 1640 {Equ~M~l, rr ST~..m~e sIs6.st'; $107,200 MANAGER REQUEST $80,200 640 EQUIPMENT LEASE/PURCHASE ..2EHZI MUCK S552001YEAR: 2 $107.200 SMALL PICK.UP TRUCKS ~ $13.500 EACH'. VAC TRUCK FROM COLrNTY S25.000 (DELETED PICK-UP TRUCKS) $80.200 Grand Total $890,070 S822.570 Wednesday, July 08, 1998 EXPENSE THRU 5131198. $860 $t61 $12 $687 EXPENSE THRU 5131198 $102,869 102.869 S560,434 October 20, 1998 City of Sebastia_~ ]225 MAIN STREET El SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-,.5490 [] FAX (561) 58%6209 Mr. Gene Rauth Manager of Water and Wastewater Operations Indian River County Utilities 1840 25th Street Vero Beach, FI 32960 RE: Purchase of a 1986 Camel GMC 7000 Flush Truck Dear Gene: The City of Sebastian Public Works Depadment has budgeted $25,000 for the purchase of the above Vacuum Truck from Indian River County Utilities. It is our intention to put this matter before the City Council at their regular meeting on Wednesday, October 28, 1998 at 7:00 PM. Your assistance in bringing this matter before the County Commission as soon as possible would be greatly appreciated since the need for this item is warranted and will be put to use immediately. Should you have any questions or ne~,d any additional information, please feel free to contact me at my office. Public Works Director TH/ik vactrk2 '1 I SEBASTIAN POLICE DEPARTMENT 1201 Main Street Sebastian, Florida 32958 Telephone 561/589-5233 FAX 561/589.2207 (24 hr) - FAX 561/388-1782 (Admin.) SUBJECT: Replacement Vehicles Approved for Submittal: I IIIII Department Origin : Police Date Submitted : 10114/98 For Agenda of : /O/~'/~ ~ Exhibits: FSAJFAC Statewide Bid # 98-06-0914, for Vehicles Specified Expenditure Required: Amoun~ Budgeted: Appropriation Required: $137,602. $136,625 (est) $ 977. (No additional funds required) SUMMARY STATEMENT The seven (7) vehicles to be purchased are ,replacements for the police department. Funds for this purpose were approved in the FY 98/99 budget, account 001-15-521-640. Price quotes are from FSA/FAC statewide bid for 1999 vehicles; specifications and quote copies are attached. Costs are per FSA/FAC bid # 98-06-0914. Vendor Make/Model Unit Cost .Qty. TdalCost Garber Chevrolet, Inc. Lumina Pursuit, spec. ~:~4 $18,169. 4 $72,676. Green Cove Spg's, FL LH Pillar Mount Spot Lite 200. 4 800. F_xt.5yr/75K Mile Warranty 1,720. 4 6,880 Caruso Chry/Jeep Inc. Jacksonville, FL $20,089. $80,356. Jeep Cherokee, spec~ 12 $19,064. LH Pillar Mount Spot Lite 140. Dome Lite Between Visors 40. Tilt Wheel 125. HD Rubber Floor Mats 75. Tow Hooks 50. Ext. Syr/75K Mile Warranty 885, Delete ABS Brakes (480.) $38,128. 280. 80. 250. 150. 100. 1,770 (960.) $19,899. 2 $39,798. (con~nued on next page) Council Aa~nda Trar~$mittaJ, page 2 of 2 Hill-Kelly Dodge, Inc. Dodge Intrepid, spec~ 03 $17,154. 1 $17,154. Pensacola, FL Ext.5yr/75K Mile Warranty 810. 1 810. Delete ABS Brakes (516.) 1 (516.) $17,448. $17,448. The Lumina's and Jeeps are to be marked, the Dodge is to be an unmarked unit and replaces an unmarked unit. In our original budget request, we had projected needing 5 Lumina's, I Jeep and 1 unmarked vehicle as replacements. Re-evaluation of our needs found we could better utilize a second Jeep more than another sedan. Based on this need and the fact that the Jeeps on the new FSA/FAC statewide bid are now slightly less expensive than the Lumina ($190 less per unit), we are now requesting one less Lumina and one more Jeep, as reflected in the quantifies listed above. The new FY 98/99 FSA/FAC statewide vehicle bid was received on 10/8/98, well after our budget' process. Since it was not available back in July and August, I used last year's FSA/FAC statewide bid pdces, which I increased by 4% in an effort to cover anticipated inflation. Most of what drove the costs higher was a $600 increase in the extended wan'anty cost on the Lumina's. This is the reason for the $977. shortfall in the amount we budgeted. We can cover the needed $977., from other funds in our Capital Outlay (640) account and will require no additional allocation for this purchase. [RECOMMENDED ACTION Authorize the City Manager to purchase 4-Chevrolet Lumina Patrol Cars, @ $20,089. ea., 2-Jeep Cherokee 4X4 SUV {~ $19,899. ea., and 1- Dodge Intrepid @ $17,488, for a total cost of $137,602, pursuant to the prices, terms and conditions of F~A/FCA statewide bid # 98-06-0914. I ANNOUNCEMENT i I PURSUIT, AD~$T~TIVE NON-PURSUIT, UTILITY VE~CL~, TRUCKS & VANS Participating Sheriffs Offices & Local Governmental Agencies of the State of Florida Cooed By The Florida Sheriffs Association & Florida Association of Co~ties It._ _1 I P. O. Box 12519 Tallahassee, FL 32317-2519 PHONE (850) 877-2165 · FAX (850) 878-8665 '- I WEB SITE: HTTP:/~.FI~HERIFFS,ORG DATE: October 1, 1998 I TO: ALI, PROSPECTIVE PARTICIPANTS FROM: Gary E. Perkins ' I Deputy Ex?utive Director/Vehicle Bid Coordinator RE: SIKE~ OFFICES & LOCAL GOVE~NTAL AGENCIF_~S I OF THE STATE OF FI23RIDA COOPERATIVE BID FOR PURSUIT, ADMINISTRATIVE NON-PURSUIT, UTUATY VEHICLES, TRUCKS AND VANS - Bid No. 98-06-O914 ' i We are pleased to announce that the Florida Sheriffs Association and the Florida Associa- I t. ion of Counties has successfully conducted its sixth statewide competitive bid for vehicles which includes poLice pursuit, administrative non-pursuit, utility Vehicles, trucks and vans. Bids-will be extended and guaranteed to any and all units of local governments, I municipalities and/or police agencies within the State of Florida interested in purchasing off this Bid Contract. . . All interested parties who wish to purchase from this contract I may do so by following tI~erSe simple procedures:. ' I 1. Contact the designated dealership (see pages 14-15) listed in the zone from which you I wish to purchase and advise them of your interest to purchase from the Sheriffs' Offices & Local Governmental Agencies of the State of Florida Bid No. 98-06-0914. They will assist you with the placement of your order and answer any questions you may have regarding the vehicles purchased through this program. I IMPORTANT NOTE: All agencies ordering any FORD p. roduct, please note i that the FIN CODE for the Florida Sheriffs Association is QE065' and should be used in order to obtain the Ford concessions. Also, you must use your FIN I CODE as a secondary number. For further information contact the Fleer Customer Information Center at 1-800-34-FLEET. I ]~~l~id Award Announcement (98-06-0914) I I FLORIDA ASSOCIATION o-~ COUNTIES FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES 1999 CI-~VROLET LUMINA Specification //04 (Pursuit) The Chevrolet Lumina purchased through this contract comes with all the standard equip- ment as specified by the msnufacturer for this model and FSA's base vehicle speciflcation'(s) requirements which are included and made a part of this contract's vehicle base price ks awarded by specification by zone. ZONE: ~- Western i- Northern '~ Central ~r Southern BASE PRICE: $18,209.00 $18,169.00 $18,189.00 $18,219.00 While the Florida Sheriffs Association and the Florida Association of Counties have at- tempted to identify and include those equipment items most often requested by participat- ing agencies for mid size vehicles, we realize equipment needs and preferences are going to vary from agency to agency. In an ~effort to incorporate flexibility into our program, we have created specific add/delete optio~as which allow the purchaser to tailor the vehicle to their particular wants or needs. The following equipment delete and add options and their related cost are provided here to assist you in approximating the total cost of the type vehicle(s) you wish to order through this program. Simply deduct the cost of any of the following equipment items you wish deleted from the base unit cost and/or add the cost of any equipment items you wish added to the base unit cost to detex~',~e the approximate cost of the type vehicle(s) you wish to order. NOTE: An official listing of all add/deleTe options and their prices should be obtained from the appropriate dealer in your zone when preparing your order. Additional add/delete options other than those listed here may be available through the dealers, however, those listed here must be honored by the dealers in your zone at the stated prices. Specification Low Bid Bid Award Announcement (98-06-0914) VEIEICLE: LumL~ Lumina DF. aZJ~lt: Gaxber Gabber ZOKE: ~ Western ~ Northern BASE PI;LICE: $18,209.00 $18,169.00 DEDUCT: DELETE OPTIONS Power windows, front and re~r, with rear window lockout Rubber heavy-duty floor coverLug Power door locks Tilt steering wheel Lumina Lure/ha Garber Gather Central ~ Southern $18,169.00/ S18,219.00 N/A N/A N/A N/A ADD: ADD OPTIONS N/A N/A N/A N/A N/A N/A N/A N/A 300.00 18.00 135.00 1,720.00 AM/FM cassette radio $ 232.00 Rear door h~ndles $ 15.00 inoperative Rear door lock $ 15.00 inoperative Cruise control $ 225.00 Electric mirrors, $ 75.00 left & ~t Dome lamp inoperative $ 10.00 Roof- reinforcement Lights: Safety alternate $ 225.0d, flashing, 4" red/blue mounted underside of decktid. Dealer installation acceptable Left-hand pillar $ 200.00 mounted 6" spotlight with clear halogen bulb. Factory. Installed Left-hand pillar N/A mounted 6" spotlight with clear halogen bulb. Dealer Installed Safety bumper guards $ Third key $ Complete set of service $ manuals ONlY 5/75 Extended Warranty 45 $ $ $ $ $ 232.00 $ 232.00 $ 232,00 15.00 $ 15.00 -' $ 15.00 15.00 $ 15.00 . $ 15.00 225.00 $ 225.00 $ 225.00 75.00 $ 75.00 S 75.00 10.00 $ 10.00 $ 10.00 N/A N/A N/A 225.00 $ 225.00 $ 2:25.00 200.00 $ 200.00 / $ 200.00 N/A N/A N/A 300.00 18.00 135.00 1,720.00 S 300.00 $ 300.00 $ 18.00 $ 18.00 $ 135.00 $ 135.00 S 1.720.00/ $ 1.720.00 Z o,o . Bid Award Armotmcemen£ (98-06-09! 4) I I i I '1 i .,.el i ;I i I i ®1 i VEHICLE: DEALER: ZONE: BA~E PRICE: Lumina Garber Western $18,209.00 Add Options (continaed) 6/100 Extended $ 3,650.00 Warranty Federal smart vector $ 1,384.00 Whelen 12 strobe $ 1,690.00 ', ::~'o',,- $ 368.00 P~as~ic rear seat $ 396.00 Rear deck strobe $ 297.00 Headlight flasher $ 46.00 Vent shade $ 76.00 Bid Award Announcement [95-06-09I 4) Lumina Oarber Northern $18,169.00 3,650.00 1,384.00 1,690.00 368.00 396.OO 297.00 46.00 76.00 Lurn.tna Gather Central $18,169.00 3,650.00 1,384.00 1,690.00 368.00 396.00 297.00 46.00 76.00 Lumir~ Garber Southern $18,219.00 3,650.00 1,384.00 1,690.00 368.00 396.00 297.00 46.00 76.00 FLORIDA ASSOCIATION oF CO UNTIES FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES 1999 JEEP CI-~ROKEE Specification #12 (Mid Size Utility, 4 x 4) The Jeep Cherokee (police utility package) purchased through this contract comes with al/ the standard equipment as specified by the manufacturer for this model and F~A.'s base vehicle specification(s) requirements which are included and made a part of this contract's vehicle base price as awarded by manufacturer by specification by zone. ZONE: BASE PRICE: Western $19,084.00 Northern $19,039.00 * Central $19,064.00 Southern $19,084.00 While the Florida Sheriffs Association and the Florida Association of Count/es have at- tempted to identify and include those equipment items most often requested by part~cipat- Lng agencies for utility vehicles, we realize equipment needs and preferences are going to vary from agency to agency. In an effort to incorporate flexibility into our program, we have created specific add/delete options which allow the purchaser to tailor the vehicle to their particular wants or needs. The following equipment delete and add options and their related cost are provided here to assist you in approximating the total cost of the type vehicle(s) you wish to order through this program. Simply deduct the cost of any of the following equipment items you wish deleted from the base unit cost and/or add the cost of any equipment items you wish added to the base unit cost to determine the approximate cost of the type vehicle(s) you wish to order. NOTE: An official listh,g of all add/delete options and their prices should be obtained from the appropriate dealer in your zone when prepar/ng your order. Additional .add/delete options other than those listed here may be available through the dealers, however, those listed here must be honored by the dealers in your zone at the stated prices. Specification Low Bid I I I I Award Announcemen~ (98-06-0914) 231 VEHICLE: Jeep Jeep Cherokee Cherokee DEALER: Caruso Caruso ZONE: ~- Western ~ Northern BASE PRICE: $19.084.00 $19,039.00 DEDUCT: DELETE OPTIONS ABS brakes $ 480.00 ADD: ADD OPTIONS Police or special service package (include all options required to equal total package) Spotlight, 6" round, mounted through door pillar post on left side of vehicle. Factory Installed. Spotlight, 6" round, mounted through door pillar post on left side of vehicle. Dealer Installed. 5" round dome lamp between sun~risors. Factory Installed. 5" round dome lamp between sunvisors. Dealer Installed. External engine off cooler Limited slip rear axle, manufacturers standard ratio Heavy duty towing package includes external air to oil transmission cooler and I-ID class III receiver with 2" ball Tilt steering wheel Heavy duty rubber floor mat replaces carpeting Jeep Jeep Cherokee Cherokee Caruso Caruso Central ~ Southern $19,064.00 fi/ $19,084.00 $ 480.00 480.00/ $ 480.00 2,077.00 $ 2,077.00 $ 2,077.00 $ 2,077.00 N/A N/A N/A N/A 140.00 $ 140.00 $ 14o.oo / $ 4o.oo 232 N/A' N/A N/A N/A 40.00 N/A 255.00 395.0O 125.00 75.OO $ 40.00 N/A $ 255. oo $ 40.00~''~' $ 40.00 N/A N/A 255.00 $ 255.00 395.00 S 395.00 $ 395.00 $ 125.00 $ 75.00 125.00~,, $ 125.00 75.00v- $ 75,00 Bid Award Announcement (98-06-091~ DEALER: ZONE: BASE PRICE: Jeep Jeep Jeep Jeep Cherokee Cherokee Cherokee Cherokee Caruso Caruso Caruso Caruso Western ~- Northern ~ Central ~- Southern $19,084.00 $19,039.00 $19,064.00 $19,084.00 Add Options (continued) Rear window washer/ wiper with intermittent feature Rear window defogger Tow hooks Battery, 650 CCA or greater Break-away mirrors Outside tire carrier AM/FM cassette radio Third key Complete set of service manuals ONLY 5/75 Extended Warranty 6/100 Extended Warranty NOTE: Std. Std. Std. Std. Std. Std. Std. 50.00 $ 50.00 $ 50.00/ N/A N/A N/A N/A N/A N/A 395.00 $ 395.00 $ 395.00 265.00 $ 265.00 $ 265.00 3.00 $ 3.00 $ 3.00 11o.oo $ 11o.oo $ 11o.oo 885.00 $ 885.00 $ 885100~'""' $ 1,725.00 $ 1,725.00 $ 1,~ ~n i~, ~.q~. Ex~ended warranty not available with police package Jeep Cherokee. ABS brakes may not be deleted on police package Jeep Cherokee. id Award Announcement: (98-06-0914) Std. 50.00 N/A N/A 395.00 265.00 3.00 110,00 885.00 1,725.00 233 I I I -- ~ I I I I i I I I I I I I I I ~ FLORIDA '~½~" ASSOCIATION _~- COUNTIES FLORIDA SHEREFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNTIES 1999 DODGE INTREPID Spec~.ficafion #03 (Administrative) The this contract comes all the standard Dodge Intrepid purchased through ment as specified by the manufacturer for t_his model and FSA s base, vehicle specificatio .ri(s) requirements which are included and made a part of this contract s vehicle base price as awarded by manufacturer by specification by zone. ZONE: ~ Western -i- Northern -i- Central ~ Southern BASE PRICE: $17,094.00 $17,094.00 $17,154.00 $17,116,00 While the Florida Sheriffs Association and the Florida A.~sociation of Counties have at- tempted to identify and include those equipment items most olden requested by partlcipat-. ing agencies for fifll size vehicles, we realize equipment needs and preferences are going to vary from agency to agency. In ant efl~ort to incorporate flexibility into our program, we have created specific add/delete options which allow the purchaser to tailor the vehicle to their particular wants or needs. The following equipment delete and add options and their related cost are provided here to assist you in approximating the total cost type vehicle{s) you wish to order 0f the through this program. Simply deduct the cost of any of the following equipment items you wish deleted from the base unit cost and/or add the cost of any equipment items you wish added to t_he base. unit cost to determine the approximate cost of the type vehicle(s) you wish to order. ~o~-.: ~ o~cial Lis~ of ~ add/de~ete options and the9 p~ces ~hould be obta~ed ~om the appropriate dealer in your z~ne when preparing your order. Additional add/delete options other than those listed he, e rna~v be available through the dealers, however, those Listed here must be honored by ~he dealers in your zone at the s:ated prices, ~ = Specificar_ion Low Bid Bid Award Announcement (98-06-09I 4) VEHICLE: Intrepid Intrepid DEALER: Hill-Kelly Hill-Kelly ZONE: ~r Western * Northern BASE PRICE: $17,094.00 $17,094.00 DEDUCT: DELETE OPTIONS 4-Door Trunk opener, electric, remote unit location Power windows Power door locks Speed control ABS brakes Std. Std. Std. S~. S~. 516.00 ADD: ADD OPTIONS 2-Door Full size spare t/re $ and wheel Keyless entry $ Third key Complete set of service $ manuals ONLY 5/75 Extended $ Warranty 6/100 Extended $ Warranty N/~ 111.00 200.00 N/C 100.00 810.00 1,650.0G 42 Std. Std. Std. Std. Std. 516.00 N/A 111.00 200.00 N/C 100.00 8i0.00 1,650.00 Intrepid Intrepid Hill-Kelly Maroone Central / ~ Southern $17,154.00 k/ $17,116.00 Std. Std. Std. Std. Std. 516.oo N/A 111.00 $ 200.00 N/C $. lOO.OO $ 81o.oo / $ 1.65o.oo $ Std. Std. 'Std. Std. Std. 435.00 ' N/A 125.00 225.00 ,,5.00 115.00 810.00 1,650.00 Bid Award Aru~uncement (98416-0914) I Subject: Annual Culvert Contract 1st Quarter Expenditures Approved for Submittal by: Thomas Frame, City Manager City of Sebastian, Florida Agenda No. ~)Y, OZ~'- Department Origin: Engineering/Public Works ompbell,/P.E./,7 11, Public Works Date Submitted: 10/20/98 Exhibits: EXPENDITURE REQUIRED: $110,973.20 For Agenda of: Work Orders #1 through #8 AMOUNT BUDGETED: $400,000 , SUMMARY 10/28/98 APPROPRIATION REQUIRED: N/A The Annual Culvert Contract 1st Quarter expenditures will be $110,973.20. C.R. McLellan the City's contractor for this project will be given work order numbers 1 through 8 to complete. The following is a list of locations and costs: Park Avenue Smith Street Ocean Bre. ze & Lanfair Fatima Court Riviera Avenue Caravan @ Glentry Joyhaven Dr. ~ Midvale Laconia ~ Gladiola $12,616.00 $12,453.85 $15,338.60 $ 8,781.05 $14,766.75 $10,486.25 $ 9,118.50 $27,412.20 RECOM31ENDED ACTION Move to authorize the 1st quarter expenditure of $110,973.20 for the Annual Culvert Replacement contract to C.R. McLellan. I i i I I i i i I I I I i I I I I i I CULVERT REPLACEMENT PROGRAM Park Ave. BIk31&32 Work Order #1 TO: City Clerk's Office, Sebastian City Hall 1225 Main Street Sebastian FI, 32958 PROJECT: CONTRACTOR: DATE ANNUAL CULVERT CONTRACT C.R. McLellan, Inc. 8/20/98 The undersigned Contractor proposes and agrees, if this proposed change order is accepted, to modifyContractor's Agreement with the City of Sebastian to fumish all materials and labor in accordance with the contract specifications and all regulations, laws, permits, and governmental requirements and standards pertaining thereto: BASE BID ITE~ NO. 3O 29 10 3 7 13 12 WORK ORDER ITEM NO. WO-1.1 WO-1.2 WO-1,3 ~vo-1.4 WO-1.5 WO-1.6 WO-1.7 -WO-1.8 WO-1.9 WO-1.10 DESCRIPTION QTY. UNIT UNIT BID Mobilization LS.- LS. $750.00 Comply with part VI, Chapter 553.6,F.S.'q'rench Safety Act" All Trenches>5' Deep LS. Trench dewatering 1 LS. Furnish & Install 30"CAP 16 LF. Furnish & Install RCP 24"x38" 48 LF. Furnish & Install Floritam Sod 400 SY. Road Restoration ~ 23 SY. DESCRIPTION QTY. Maintenance of Traffic LS. Remove Existing Headwall, Inlets culvert(s) LS. Furnish & install FDOT Mitered End Section Index No. 272 Furnish & Install Headwall Furnish, Haul, Place & Compact Common Fill Fill, Regrade & Grass Swale Area Clean,Clear, and Regrade ~:xisting neighborhood (backyard) ditch area Final site Restoration Locating,relocating,removing,shoring,cradling or additional time spent working around the following unknowns: water-sewer lines,telephones wiring,TV cables,electrical wiring and gas lines. The above conditions are subject to change order per job. Remove Culvert(s) and Debdes to landfill $2,o00.0o $37.00 $43,00 $2.25 $14.00 ITEM TOTAL $750.00 N/A $2,000.00 $592.00 $2,064.00 $900.00 $322.00 UNIT UNIT BID ITEM TOTAL LS. $450.00 $450.00 · LS. $1,800.00 $1,800.00 2 EA $350.00 2 EA $300.00 30 CY. $4.85 50 LF, $3.85 Total Location Park ave. (Work Order No.1) 250 LF. $3.00 1 LS. $1,000.00 0- LS. LS.' LS. $350.00 $700.00 $800.00 $145.50 $192.50 $750.00 $1,ooo.oo $350.00 $12,616.00 PROPOSED WORK ORDER ACKNOWLEDGMENT A. The above unit price shall be considered as a firm bid price not subject to price adjustment. B. The CONTRACTOR. acknowledges that the prices will remain firm for sixty (60) days followiug the date of' this proposed Work Order. If approved prior to the (60) day expiration, the proposed Work Order costs are effective through completion of project. WORK ORDER No. 1 SUMMARY: Original Contract Price: $ 0 (P.O. # ) Current Contract Price, as adjusted by work Orders__0 Change to the Contract Price due to this work Order No. The Contract Price after approval of this work Order No. 1 Original Contract Time: 0 Calendar Days Current Contract Time, as adjusted by work Orders 1 Change to the Contract Time due to this work Order No. The Contract Time after approval of this work Order No.__ __ through__O__: $0 __:__$12,616.00__ willbe:_$12,616.00 through _1 : I : 14 Calendar Days 1 will be: 14 Calendar Days · RESPECTFULLY SUBMITTED BY: C.R. McLellan, Inc.: CONTRACTOR BY: ' BY: ! signature NAME: NbaME: TITLE: ADDRESS: WITNESS: signature DATE: DATE: Address: 4055 McLellan Ave. Valkaria, Florida 32950 ACCEPTED BY: City of Sebastian WITNESS: BY: BY: signature signature Thomas M. Frame Kathryn M. O'Halloran, CMC/AAE, City Manager City Clerk DATE: DATE: Address: 1225 Main Street, Sebastian, Florida 32958 WORK ORDER NO. I -ANNUAL CULVERT CONTRACT Page 2 of 2 CULVERT REPLACEMENT PROGRAM Smith St. BIk46&47 Work Order #2 TO: City Clerk's Office, Sebastian City Hall 1225 Main Street Sebastian FI, 32958 PROJECT: CONTRACTOR: DATE ANNUAL CULVERT CONTRACT C.R. McLellan, Inc. 8/20/98 The undersigned Contractor proposes and agrees, if this proposed change order is accepted, to modifyContractor's Agreement with the City of Sebastian to furnish all materials and labor in accordance with the contract specifications and all regulations, laws, permits, and governmental requirements and standards pertaining thereto: · BASE BID ITEM NO. DESCRIPTION QTY. UNIT 30 Mobilization LS. LS. 29 Comply with part VI, Chapter 553.§,F.$."Trench Safety Act" All Trenches>5' Deep Trench dewatering Fumish& Install RCP 29"x45" Furnish & Install Floritam Sod Road Restoration DESCRIPTION Maintenance of Traffic Remove Existing Headwall, Inlets culvert(s) Furnish & install FDOT Mitered End Section Index No. 272 Remove Existing Guardrails Furnish, HaUl, Place & Compact Common Fill Fill, Regrade & Grass Swale Area Clean,Clear, and Regrade Existing neighborhood (backyard) ditch area Final site Restoration Locating,relocating,removing,shoring,cradling or additional time spent working around the following unknowns: water-sewer lines,telephones wiring,TV cables,electrical wiring and gas lines. The above conditions are subject to change order per job. Remove Culvert(s) and Debries to Landfill 10 8 13 12 WORK ORDER ITEM NO, WO-2.1 WO-2.2 WO-2.3 Iwo_2.4 WO-2.5 WO-2.5 WO-2.7 WO-2.8 WO-2.9 WO-2.10 UNIT BID ITEM TOTAL $750.00 $750.00 LS. " N/A 1 LS. $2,000.00 $2,000.00 56 LF. $58.00 $3,248.00 167 SY. $2.25 $375.75 23 SY. $14.00 $322.00 QTY, UNIT UNIT BID'ITEM TOTAL' LS. LS. $450.00 · $450.00 LS. LS. $1,200.00 $1,200.00 2 EA $350.00 $700.00 2 EA $250.00 $500.00 46- CY. $4.85 $223.10 100 LF. $3.85 $385.00 300 LF. $3.00 $900.00 I LS.$1,000.00 $1,000.00 0 LS. LS. LS. $400.00 $400.00 Total Location Smith St. (Work Order No.2) $12,453.85 PROPOSED WORK ORDER ACKNOWLEDGMENT A. The above unit price shall be considered as a firm bid price not subject to price adjustment. B. The CONTRACTOR acknowledges that the prices will remain firm for sixty (60) days following the date of this proposed Work Order. If approved prior to the (60) day expiration, the proposed Work Order costs are effective through completion of project. WORK ORDER No. 2 SUMMARY: Original Contract Price:. $ 00 (P.O. # ) Current Contract Price, as adjusted by work Orders 1__ Change to the Contract Price due to this work Order No. 2__ The Contract Price after approval of this work Order No. 2 Original Contract Time: 0 Calendar Days Current Contract Time, as adjusted by work Orders 1__ Change to the Contract Time due to this work Order No. The Contract Time aftex approval of this work Order No. through __ 1 : $12,453.85 __ will be: _$25,069.85__ through 1 : 14days 2 : 14 Calendar Days 2 will be: 28 Calendar Days : $12,616.00 KESPECI'FULLY SUBMITrED BY: C.R. McLellan, Inc.: CONTRACTOR BY: , BY: signature NAM E: NAME: TITLE: ADDRESS: WITNESS: signature DATE: Address: 4055 McLellan Ave. Valkaria, Florida 32950 ACCEPTED BY: City of Sebastian DATE: WITNESS: BY: BY: signature signature Thomas M. Frame Kathryn M. O'Halloran, CMC/AAE, City Manager City Clerk DATE: DATE: Address: 1225 Main Street, Sebastian, Florida 32958 WORK ORDER NO. 2 -ANNUAL CULVERT CONTRACT Page 2 of 2 CULVERT REPLACEMENT PROGRAM OCEAN BREEZE @ LANFAIR Work Order #3 TO: City Clerk's Office, Sebastian City Hall 1225 Main Street Sebastian FI, 32958 PROJECT: CONTRACTOR: DATE ANNUAL CULVERT CONTRACT C.R. McLellan, lnc. ~11~7 The undersigned Contractor proposes and agrees, if this proposed change order is accepted, to modifyContractor's Agreement with the City of Sebastian to furnish all materials and labor in accordance with the contract specifications and all regulations, laws, permits, and governmental requirements and standards pertaining thereto: BASE BID ITEM NO. DESCRIPTION QTY. UNIT UNIT BID 30 Mobilization LS. LS. $750.00 29 Comply with part VI, Chapter 553.6,F.S.'"rrench Safety Act" All Trenches>5' Deep LS. 10 Trench dewatedng I LS. $2,000.00 9 Furnish & Install RCP 34"x53" 64 LF. $80.00 la Furnish & Install 18" CAP 45 LF. $19.00 13 Furnish & Install Floritam Sod 200 SY. $2.25 12 Road Restoration , 32 SY. $14.00 WORK ORDER ITEM NO. DESCRIPTION QTY, UNIT UNIT BID WO-3.1 Maintenance of Traffic LS. LS. $450.00 WO-3.2 Remove Existing Headwall, Inlets culvert(s) LS. LS. $1,200.00 Furnish & install FDOT Mitered End Section Index No. 272 Furnish & Install Concrete Basin Furnish, Haul, Place & Compact Common Fill Fill, Regrade & Grass Swale Area Clean,Clear,and Regrade Existing neighborhood (backyard) ditch area 15ncase 6" Water Main Final site Restoration Locating,relocating,removing,shoring,cradling or additional time spent working around the following unknowns: water-sewer lines,telephones wiring,TV cables,electrical widng and gas lines. The above conditions are subject to change order per job. Remove Culvert(s) and Oebries to Landfill Total OCEAN BREEZE. (Work Order No.3) WO-3.3 WO-3.4 WO-3.5 WO-3.6 WO-3.7 WO-3.8 WO-3.9 WO-3.10 WO-3.11 6 EA $350.00 0- EA $2,000.00 46 CY. $4.85 50' LF. $3.85 50 LF. $3.00 o" cY $o.oo 1 LS. $1,000.00 0 LS. LS. LS. $400.00 ITEM TOTAL $750.00 N/A $2,000.00 '$5,120.00 .: $855.00 $450.00 $44~.oo ITEM TOTAI~ $450.00 $1,200.00 $2,100.00 $0.00 $223.10 $192.50 $150.00 $0.00 $1,000.00 $400.00 $15,338.60 PROPOSED WORK ORDER ACKNOWLEDGMENT A. The above unit price shall be considered as a firm bid price not subject to price adjustment. B. The CONTRACTOR acknowledges that the prices will remain firm for sixty (60) days following the date of this proposed Work Order. If approved prior to the (60) day expiration, the proposed Work Ordcr costs arc effective through completion of project. WORK ORDER No. 3 SUMMARY: Original Contract Price:. $ 00 (P.O. # ) Current Contract Price, as adjusted by work Orders 1__ Change to the Contract Price due to this work Order No. 3__ The Contract Price after approval of this work Order No. 3__ Original Contract Time: 0 Calendar Days Current Contract Time, as adjusted by work Orders I__ Change to the Contract Time due to this work Order No. The Contract Time atle~ approval of this work Order No. through 2 : $25,069.85 :__$15,338.60__ willbe:_$40,405.45 through 2 : 28 days 3 : 14 Calendar Days 3 will be: 42 Calendar Days RESPECTFULLY SUBMITTED BY: C.R. McLellan, Inc.: CONTRACTOR BY: signature NAME: TITLE: BY: NAME: ADDRESS: WITNESS: signature DATE: Address: 4~55 McLellan Ave. Valkaria, Florida 32950 ACCEPTED'BY: City of Sebastian BY: signature Thomas M. Frame City Manager DATE: Address: 1225 Main Slxeet, Sebastian, Florida 32958 DATE: WITNESS: BY: siguature Kathryn M. O'Halloran, CMC/AAE, City Clerk DATE: WORK ORDER NO. 3 -ANNUAL CULVERT CONTRACT Page 2 of 2 CULVERT REPLACEMENT PROGRAM Fatima BIk333&340. Work Order #4 TO: City Clerk's Office, Sebastian City Hall 1225 Main Street Sebastian Fi, 32958 PROJECT: CONTRACTOR: DATE ANNUAL CULVERT CONTRACT C.R. McLellan, Inc. 8127/cJ8 The undersigned Contractor proposes and agrees, if this proposed change order is accepted, to modifyContractor's Agreement with the City of Sebastian to furnish all rnatedals and labor in accordance with the contract specifications and all regulations, laws, permits, and governmental requirements and standards pertaining thereto: BASE BID ITEM NO. 3O 29 10 5 13 12 WORK ORDER ITEM NO. WO-4.1 WO-4.2 WO-4.3 WO-4.4 WO-4.5 WO-4.6 'WO-4.7 W0-4.8 W0-4.9 W0-4.10 W0-4.11 DESCRIPTION QTY. UNIT -Mobilization LS. LS. Comply with part Vi, Chapter 553.6,F.S.'q'rench Safety Act' All Trenches>5' Deep LS. Trench dewatering 1 LS. Furnish & Install RCP 14"x23" 40 LF. Furnish & Install Flodtam Sod 167 SY. Road Restoration 22 SY. DESCRIPTION ' QTY. UNIT ~aintenance of Traffic LS. LS. Remove Existing Headwall, Inlets culvert(s) LS. LS. Furnish & install FDOT Mitered End Section Index No. 272 2 EA 'Furnish & Install concrete Headwall EA Furnish, Haul, Place & Compact Common Fill 18 CY. Fill, Regrade & Grass Swale Area 200 LF. Replace Concrete Ddveway EA Clean,Cle"r, and Regrade Existing neighborhood (backyard) ditch area 0 LF. Final site Restoration 1 LS. Locating,relocating,removing,s hodng,cradling or 0 LS. additional time spent working around the following unknowns: water-sewer lines,telephones wiring,TV cables,electrical wiring and gas lines. The above conditions are subject to change order per job. Remove Culvert(s) and Debdes to Landfill LS. LS. UNIT BID ITEM TOTAL $750.00 $750.00 N/A $2,ooo.oo $2,ooo.oo $21.00 $840.00 $2.25 $375.75 $14.00 · $308.00 UNIT BID ITEM TOTAL $450.00 . $450.00 $1,200.00 $1,200.00 $350.00 $700.00 $o.oo $o.oo $4.85 $87.30 $3.85 $770.00 0 $3.00 $0.00 $1,000.00 $1,000.00 $300.00 $300.00 Total Location Fatima BIk333&340. (Work Order No,4) $8,781.05 PROPOSED WORK ORDER ACKNOWLEDGMENT A. The above unit price shall be considered as a firm bid price not subject to price adjustment. B. The CONTRACTOR acknowledges that the prices will remain firm for sixty (60) days following the date of this proposed Work Order. If approved prior to the (60) day expiration, the proposed Work Order costs are effective through completion of project. WORK ORDER No. 4 SUMMARY: Original Contract Price: $ 00 (P.O. # ) Current Contract Price, as adjmted by work Orders I __ through~3 : $40,408.45 Change to the Contract Price due to this work Order No. 4__: __$8,781.05 The Contract Price after approval of this work Order No. 4 will be: _$49,189.50 Original Contract Time: 0 Calendar Days Current Contract Time, as adjusted by work Orders 1__ Change to the Contract Time due to this work Order No. The Contract Time after approval of this work Order No. through. 3 : 42 days 4 : 14 Calendar Days 4 will be: 56 Calendar Days RESPECTFULLY SUBMITTED BY: C.R. McLellan, Inc.: CONTRACTOR BY: 4 BY: signature NAME: NAME: WITNESS: signature TITLE: ADDRESS: DATE: Address: 4055 McLellan Ave. Valkaria, Florida 32950 ACCEPTED BY: City of Sebastian BY: signature Thomas M. Frame City Manager DATE: Address: 1225 Main Street, Sebastian, Florida 32958 DATE: WITNESS: BY: signature Kaflu'yn M. O'Halloran, CMC/AAE, City Clerk DATE: WORK ORDER NO. 4 -ANNUAL CULVERT CONTRACT Page 2 of 2 I I i I I i TO: CULVERT REPLACEMENT PROGRAM RIVIERA AVE. @ GARDENIA ST. Work Order #5 City Clerk's Office, Sebastian City Hall 1225 Main Street Sebastian FI, 32958 PROJECT: CONTRACTOR: DATE ANNUAL CULVERT CONTRACT C.R. McLellan, Inc. 10/13/98 The undersigned Contractor proposes and agrees, if this proposed change order is accepted, to modifyContractor's Agreement with the City of Sebastian to furnish all materials and labor in accordance with the contract specifications and all regulations, laws, permits, and governmental requirements and standards pertaining thereto: BASE BID ITEM NO. QTY. UNIT UNIT BID 30 LS. LS. '$750.00 29 10 9 13 12 WORK ORDER ITEM NO. WO-5.1 WO-5.2 DESCRIPTION Mobilization Comply with part VI, Chapter 553.6,F.S."Trench Safety Act' All Trenches>5' Deep Trench dewatedng 1 Furnish & Install RCP 34"x53" 64 Fumish& install Floritam Sod 167 Road Restoration 27 DESCRIPTION ' QTY. Maintenance of Traffic LS. Remove Existing Headwall, Inlets culvert(s) LS. Furnish & install FDOT Mitered End Section Index WO-5.3 No. 272 2 EA WO-5.4 Furnish & Install Concrete Basin 0 EA WO-5.5 Furnish, Habi, Place & Compact Common Fill 80 CY. WO-5.6 Fill, Regrade & Grass Swale Area 100 LF. Clean,Clear, and Regrade Existing neighborhood (backyard) ditch area Encase 6' Water Main Final site Restoration Locating,relocating,removing,sho ring,cradling or additional time spent working around the following unknowns: water-sewer lines,telephones wiring,TV cables,electrical wiring and gas lines. The above conditions are subject to change order per job. Remove Culvert(s) and Debries to Landfill ITEM TOTAL' $750.00 LS. ~' N/A LS. $2,000.00 $2,000.00 LF. $80.00 $5,120.00 SY. $2.25 $375.75 SY. $14.00 $378.00 UNIT UNIT BID iTEM TOTAL LS. $450.00 -$450.00 LS. $1,200.00 $1,200.00 $350.00 $700.00 $2,000,00 $0.00 $4.85 $388.00 $3.85 $385.00 WO-5.7 540 LF. $3.00 ~VO-5.8 0 CY $0.00 W0-5.9 1 LS. $1,000.00 W0-5.10 0 LS. 'W0-5.11 LS. LS. $400.00 - Total Location RIVIERA AVE. (Work Order No.5) $1,620.00 $o.oo $1,000.00 $400.00 $14,766,75 PROPOSED WORK ORDER ACKNOWLEDGMENT A. The above unit price shall be considered as a 'rum bid price not subject to price adjustment. B. The CONTRACTOR acknowledges that the prices will remain firm for sixty (60) days following thc date of this proposed Work Order. If approved prior to the (60) day expiration, the proposed Work Order costs are effective through completion of project. WORK ORDER No. 5 SUMMARY: Original Contract Price: $ 00 (P.O. # ) Current Contract Price, as adjusted by work Orders__ 1__ Change to the Contract Price due to this work Order No. 5 The Contract Price after approval of this work Order No. 5__ Original Contract Time: 0 Calendar Days Current Contract Time, as adjusted by work Orders l__ Change to the Contract Time due to this work Order No. The Contract Time after approval of this work Order No. .through 4 : $49,189.50 : __ $14,766.75 will be: _$63,956.25 through 4 : 56 days 5 : 14 Calendar Days 5 will be: 70 Calendar Days RESPECTFULLY SUBMITrED BY: C.R. McLellan, Inc.: CONTRACTOR BY: ~ BY: signature NAME: NAME: TITLE: ADDRESS: WITNESS: signature DATE: Address: 4055 McLellan Ave. Valkaria, Florida 32950 ACCEPTED BY: City of Sebastian DATE: WITN..SS: BY: BY: signature signature Thomas M. Frame Kathryn M. O'Halloran, CMC/AAE, City Manager City Clerk DATE: DATE: Address: 1225 Main Street, Sebastian, Florida 32958 WORK ORDER NO. 5 -ANNUAL CULVERT CONTRACT Page 2 of 2 I i i i I I i i I I I I I I I I i CULVERT REPLACEMENT PROGRAM CARAVAN TER, @ GLENTRY Work Order #6 TO: City Clerk's Office, Sebastian City Hall 1225 Main Street Sebastian Fi, 32958 PROJECT: CONTRACTOR: DATE ANNUAL CULVERT CONTRACT C.R. McLellan, Inc. 10/13/98 The undersigned Contractor proposes and agrees, if this proposed change order is accepted, to modifyContractor's Agreement with the City of Sebastian to furnish all materials and labor in accordance with the contract specifications and all regulations, laws, permits, and governmental requirements and standards pertaining thereto: BASE BID ITEM NO. DESCRIPTION QTY. UNIT UNiT BID 30 Mobilization LS. LS. $750.00 29 Comply with part VI, Chapter 553.6,F.S."Trench Safety ACt" All Trenches>5' Deep Trench dewatering 1 Furnish & Install Floritam Sod 500 Road Restoration 23 10 13 12 WORK ORDER ITEM NO. WO-6.1 WO-6.2 WO-6.3 WO-6.4 WO-6.5 WO-6.6 WO-6.7 WO-6.8 WO-6.9 WO-6.10 WO.-O. 11 DESCRIPTION Maintenance of Traffic Remove Existing Headwall, Inlets culvert(s) Furnish & install FDOT Mitered End Section Index No. 272 Furnish & Install RCP 12"x18" Furnish, Haul, Place & Compact Common Fill Fill, Regrade & Grass Swale Area Encase 6" Water main Clean,Clear, and Regrade Existing neighborhood (backyard) ditch area Final site Restoration Locating,relocating,removing,shoring,cradling or additional time spent working around the following unknowns: water-sewer lines,telephones wiring,TV cables,electrical wiring and gas lines. The above conditions are subject to change order per job. Remove Culvert(s) and Debries to Landfill ITEM TOTAL $75O.OO LS. N/A LS. $2,000,00 $2,000.00 SY. $2.25 $1,125.00 SY. $14.00 $322.00 QTY. UNIT UNIT BID LS. LS. $450.00 LS. LS. $1,200.00 2 EA $350.00 80 LF. $18.00 25 CY. $4,85 28O LF. $3.85 0 EA $1,000 0 LF. $3.00 1 LS. $1,000.00 0 LS. LS. LS. $300.00 ITEM TOTAL $450.00 $1,200.00 $700.00 $1,440.00 $121.25 $1,078.00 $o.oo N/A $1,000.00 ' $300.00 Total Location CARAVAN Ter. (Work Order No.6) $10,486.25 PROPOSED WORK ORDER ACKNOWLEDGMENT A. The above unit price shall be considered as a firra bid price not subject to price adjustment. B. The CONTRACTOR acknowledges that the prices will remain firm for sixty (60) days following the date of this proposed Work Order. If approved prior to the (60) day expiration, the proposed Work Order costs are effective through completion of project. WORK ORDER No. 6 SUMMARY: Original Contract Price: $ 00 (P.O. # ) Current Con~act Price, as adjusted by work Orders I__ Change to the Contxact Price due to this work Order No. 6__ The Contract Price after approval of this work Order No. 6 Original Contract Time: 0 Calendar Days Current Contract Time, as adjusted by work Orders l Change to the Contract Time due to this work Order No. The Contract Time after approval of this work Order No. through __ 5 : : $10,486.25 __ will be: _$74,442.50 through 5 : 70 days 6 : 14 Calendar Days 6 will be: 84 Calendar Days $63,956.25 RESPECTFULLY SUBMITTED BY: C.R. McLellan, Inc.: CONTRACTOR BY: signature NAME: TITLE: BY: NAME: ADDRESS: WITNESS: signature DATE: Address: 4055 McLellan Ave. Valkaria, Florida 32950 ACCEPTED B/: City of Sebastian BY: signature Thomas M. Frame City Manager DATE: Address: 1225 Main Street, Sebastian, Florida 32958 DATE: WITNESS: BY: signature Kathryn M. O'Halloran, CMC/AAE, City Clerk DATE: WORK ORDER NO. 6 -ANNUAL CULVERT CONTRACT Page 2 of 2 CULVERT REPLACEMENT PROGRAM JOYHAVEN DR. @ MIDVALE TER. Work Order #7 TO: City Clerk's Office, Sebastian City Hall 1225 Main Street Sebastian FI, 32958 PROJECT: CONTRACTOR: DATE ANNUAL CULVERT CONTRACT C.R. McLellan, Inc. 10/13/98 The undersigned Contractor proposes and agrees, if this proposed change order is accepted, to modifyContractor's Agreement with the City of Sebastian to furnish all materials and labor in accordance with the contract specifications and all regulations, laws, permits, and governmental requirements and standards pertaining thereto: BASE BID ITEM NO. DESCRIPTION QTY. UNIT UNIT BiD 30 Mobilization LS. LS. $750.00 29 Comply with part VI, Chapter 553.8,F.S."Trench Safety Act" All Trenches>5' Deep Trench dewatering Furnish & Install RCP 14"x23" Furnish & Install Floritam Sod Road Restoration DESCRIPTION Maintenance of Traffic Remove Existing Headwall, Inlets culvert(s) Furnish & install FDOT Mitered End Section Index No. 272 Fumish& Install Concrete Basin Furnish, Habl, Place & Compact Common Fill Fill, Regrade & Grass Swale Area Encase 6" Water main Clean,Clear, and Regrade Existing neighborhood (backyard) ditch area Final site Restoration Locating,relocating,removing,s hodng,cradling or additional time spent working around the following unknowns: water-sewer lines,telephones wiring,TV cables,electrical widng and gas lines. The above conditions are subject to change order per job. Remove Culvert(s) and Debries to Landfill 10 5 13 12 WORK ORDER ITEM NO. WO-7.1 WO-7.2 WO-7.3 WO-7.4 WO-7.5 WO-7.6 WO-7.7 WO-7.8 WO-7.9 WO-7.10 WO-7.11 ITEM TOTAL $750.00 LS. N/A I LS. $2,000.00 $2,000.00 40 LF. $21.00 $840.00 333 SY. $2.25 $749.25 17 SY. $14.00 $238.00 QTY. UNIT UNIT BID ITEM TOTAL LS. LS. $450.00 .$450.00 LS. LS. $1,200.00 $1,200.00 2 EA $350.00 $700.00 0 EA $2,000.00 $0.00 25 CY. $4.85 $121.25 200 LF. $3.85 $770.00 0 EA $1,000 $0.00 0 LF. $3.00 N/A 1 LS. $1,000.00 $1,000.00 0 LS. LS. LS. $300.00 Total Location JOYHAVEN DR. & MiDVALE TER. (Work Order No.7) $300.00 - $9,118.50 PROPOSED WORK ORDER ACKNOWLEDGMENT A. The above unit price shall be considered as a firm bid price not subject to price adjustment. B. The CONTRACTOR acknowledges that the prices will remain firm for sixty (60) days following the date of this proposed Work Order. If approved prior to the (60) day expiration, the proposed Work Order costs are effective through completion of project. WORK ORDER No. 7 SUMMARY: Original Comxact Price: $ 00 (P.O. # ) Current Contract Price, as adjusted by work Orders 1 __ Change to the Contract Price due to this work Order No. 7__ The Contract Price after approval of this work Order No. 7 Original Contract Time: 0 Calendar Days Current Contract Time, as adjusted by work Orders I__ Change to the Contract Time due to this work Order No.__ __ The Contract Time after approval of this work Order No. through 6__ : __$9,118.50 __ will be: _$83,561.00_.__ __through 6 : 84 days 7 : 14 Calendar Days 7 will be: 98 Calendar Days RESPECTFULLY SUBMITTED BY: C.tL McLellan, Inc.: CONTRACTOR BY: ' BY: signature ' NAME: NAME: TITLE: ADDRESS: WITNESS: signature : $74,442.50 DATE: Address: 4055 McLellan Ave. Valkaria, Florida 32950 ACCEPTED BY: City of Sebastian DATE: WITNESS: BY: BY: signature signature Thomas M. Frame Kathryn M. O'Halloran, CMC/AAE, City Manager City Clerk DATE: DATE: Address: 1225 Main Street, Sebastian, Florida 32958 WORK ORDER NO. 7 -ANNUAL CULVERT CONTRACT Page 2 of 2 CULVERT REPLACEMENT PROGRAM LACONIA AVE. @ GLADIOLA ST. Work Order #8 TO: City Clerk's Office, Sebastian City Hall 1225 Main Street Sebastian FI, 32958 PROJECT: CONTRACTOR: DATE ANNUAL CULVERT CONTRACT C.R. McLellan, Inc. 10/13/98 The undersigned Contractor proposes and agrees, if this proposed change order is accepted, to modifyContractor's Agreement with the City of Sebastian to furnish all materials and labor in ' accordance with the contract specifications and all regulations, laws, permits, and governmental requirements and standards pertaining thereto: BASE BID ITEM NO. UNIT BID 30 $750.00 29 10 9 13 12 WORK ORDER ITEM NO. WO-8.1 WO-8.2 WO-8.3 WO-8.4 Wo-8.5 WO-8.8 WO-8.7 WO-8.8 WO-8.9 WO-8.10 WO-8.11 DESCRIPTION QTY. UNIT Mobilization LS. LS. Comply with part VI, Chapter 553.6,F.S."l'rench _Safety Act" All Trenches>5' Deep I LS. Trench dewatering 1 LS. 'Furnish & Install RCP 34"x53" 128 LF. Furnish & Install Floritam Sod 300 SY. Road Restoration 23 SY. I DESCRIPTION QTY. UNIT Maintenance of Traffic - LSi' LS. Remove Existing Headwall, Inlets culvert(s) LS. LS. Furnish & install FDOT Mitered End Section Index No. 272 2 EA Furnish & Install Concrete Basin 0 EA Furnish, Haul, Place & Compact Common Fill 132 CY. Fill, Regrade & Grass Swale Area 100 LF. Clean,Clear, and Regrade Existing neighborhood (backyard) ditch area _ 1650 LF. Remove Existing Gardrails 2 EA Final site Restoration 1 LS. Locating,relocating,removing,shoring,cradling or 0 LS. additional time spent working around the following unknowns: water-sewer lines,telephones wiring,TV cables,electrical wiring and gas lines. The above conditions are subject to change order per job. Remove Culvert(s) and Debries to Landfill LS. LS. ITEM TOTAL $750.00 $2,000.00 $2,000.00 $2,000.00 $80,00 $10,240.00 $2.25 - $675.00 $14.00 $322.00 UNIT BID ITEM TOTAL $450.00 '$450.00 $2,000.00 $2,000.00 $450.00 $900,00 $2,000.00 $0.00 $4.85 $640.20 $3.85 $385.00 $3.00 $4,950.00 $300.00 $600.00 $1,000.00 $1,000.00 $500.00 $500.00 Total Location LACONIA AVE. (Work Order No.8) $27,412.20 PROPOSED WORK ORDER ACKNOWLEDGMENT A. The above unit price shall be considered as a fu'm bid price not subject to price adjustment. B. The CONTRACTOR acknowledges that the prices will remain finn for sixty (60) days following the date of this proposed Work Order. If approved prior to the ((50) day expiration, the proposed Work Order costs are effective through completion of project. WORK ORDER No. 8 SUMMARY: Original Contract Price: $ 00 (P.O. # ) Current Contract Price, as adjusted by work Orders__ I__ Change to the Contract Price due to this work Order No. The Contract Price after approval of this work Order No. 8 through 7__: $83,561.00 : $27,412.20 __ will be: _$110,973.20. Original Contract Time: 0 Calendar Days Current Contract Time, as adjusted by work Orders 1__ Change to the Contract Time due to this work Order No. The Contract Time after approval of this work Order No.__ __ through 7 : 98 days 8 : 14 Calendar Days '- - 8 will be: 102 Calendar Days RESPECTFULLY SUBMITTED BY: C.R. McLellan, Inc.: CONTRACTOR BY: signature NAME: BY: NAME: ADDRESS: WITNESS:..~ signature DATE: Address: 4055 McLellan Ave. Valkaria, Florida 32950 ACCEPTED BY: City of Sebastian BY: signature Thomas M. Frame City Manager DATE: Address: 1225 Main Street, Sebastian, Florida 32958 DATE: WITNESS: BY: signature Kathryn M. O'Hailoran, CMC/AAE, City Clerk DATE: WORK ORDER NO. 8 -ANNUAL CULVERT CONTRACT Page 2 of 2 City of Sebastian, Florida Subject: Bid Award for Golf Course Landscaping Project. Approved for Submittal by: City Manager Exhibits: Landscape Drawing Department Origin, City Manager Asst. to City l~r./Purchasing Date Submitted: October 16, 1998 · For A~enda of.' October 28, 1998 EXPENDITURE REQUIRED: $7,516.25 AMOUNT BUDGETED: $ 8,000.00 APPROPRJ. ATION REQUIRED: -0- SUMMARY The City is proposing to upgrade the entrance to the Sebastian Municipal G-off Course by replacing fences and upgrading landscaping along the entrance road, & club house. In addition, 230 feet of Oleand~ will be plat. mt to re. ar of the tee boxes on hole 17 which backs up to Airport Drive East. On September 24, 1998, sealed bids were OlXaed pertaining to a landscaping project at the City Golf Course. Three Bidders responded as follows: 1. Sehwey Services, Vero Beach 2. Northsid~ Nursery, it. Pierce 3. Mikes Landscape, Veto Beach $6,560.25 $7,516.25 $9,968.00 Bidder it lwas non responsive as they. did not include Ia'icing on the bid form provided for labor, fencing, and mulch. This bid should therefore be disqualified. Bidder #2 turned in a oo~leto bid which was mspo~iv¢ to all the terms and conditions as set forth in the bidding documents, and is th~efom recommended for contract award on this project. Bidder #3 turned in a conditional bid by guaranteeing the plants only 90 days instead of 1 yr. as called for in the bidding documents. This firm was high bidder anyway. RECOMMENDED ACTION Move to approve Norths{de Nursery, Ft. Pierce as contract awardee for the Golf Coarse Landscaping Project, and authorize staff'to execute and proceed with same. I City of Sebastian, Florida Subject: Second Amendment to the Agreement between the St. Johns River Water Management District and the City of Sebastian for the Development and Implementation of Surface Water Drainage Management Plan Agenda No. q~'J~-7 Department Origin: Public Works Martha Campbell, P.E. Date Submitted: 10/21/98 For Agenda of: Approved for Submittal by: Thomas Frame, City Manager Exhibits: Letter and Proposed Amendment from SJRWMD EXPENDITURE AMOUNT BUDGETED: REQUIRED: See attached $ 915,400 10/28/98 APPROPRIATION REQUIRED: N/A SUMMAILY The attached proposed amendment is to extend the contract for various stormwater studies and design of best management practices for stormwater management. The contract include~ water quality monitoring that is being conducted by BTR Labs, Stormwater Planning and Model Development and the design of Stonecrop basin design. The Stormwater Planning has been completed and the model development and water quality monitoring is currently underway. Stonecrop design is planned to start within the nert six months. A portion of this contract is being funded by the EPA 319 Grant shown in the CIP under Elkcam Dam. The proposed amendment would extend the time for completion to November 1999. RECOMiVlE~'DF. tD ~,CTION Move to authorize the City Manager to execute the amended agreement. WAI'~R MANAI3EMENT DIISTRICT Hen~/Dean, Exe~-mive Director John R. Wehle. Asa~tant Executive D~or PO~ OFRCE BOX 1429 PA~T~, FLORIDA 3217~1429 ~HONE ~ 1-~51-71~ SUNCOM ~D ~-~50 TDD SUNCOM ~ F~ (~) ~125 (L~) ~5 (Pe~) ~9~15 (~n~t~n~) 32~ ~E~ICE 618 E. S~ S~ ~ ~ ~y PE~NG: ~: ~. ~ ~1 S~ ~ ~5 ~ ~ 2133 N. ~ ~ ~ J~. ~ ~56 ~, ~ ~ ~. ~ ~1~ CERTIFIED NO. Z 594 650 322 October 6, 1998 Mr. Tom Frame, City Manager City of Sebastian 1225 Main Street Sebastian, Florida 32958 Enclosed are two fully executed original Second Amendments to the Agreement .for Development and Implementation Surface Water Drainage Management Plan for the City of Sebastian, Contract No. 96W257. Please obtain appropriate signatures, date, and return oiie' fully executed agreement to my attention as soon as possible. If you have any questions concerning tine above, please contact me at (904) 3294271 'or the above address. Alan E. Weaver Sr. Contracts Administrator Division of Procurement Services AW/is Enclosures ¢: J. Steward Dan Roach, FERNANOINA William M. Segal MXlTLAN0 Kathy Chinoy, V~DE CHAmUAn James T. Swarm. Ta;ASUaE; Otis Mason, 3;Ca;TARY PONTE VEDRA COCOA ST. AUGUSTINE Griffin A. Greene James H. Williams Patricia T. Harden Reid Hughes VERO aEACH OCALA SANFORD DAYTONA SEACN Contract g96W257 SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT AND crrY OF SEBASTIAN FOR THE DEVELOPMENT AND IMPLEMENTATION OF A SURFACE WATER DRAINAGE MANAGEMENT PLAN FOR THE CITY OF SEBASTIAN 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, Palatka, Florida 32178-1429 ("DISTRICT'), and CITY OF SEBASTIAN ("CITY"), whose address is 1225 Main Sn'eet, Sebastian, Florida 32958. WHEREAS, DISTRICT and. CITY entered into an Agreement on June 11, 1996, for the development· and implementation of a master drainage plan consistent with DISTRICT rules and regulations and other water management responsibilities, and amended the Agreement on September 26, 1997; and WHEREAS, DISTRICT and CTI'Y d~ire to modify th~ Agreenznt NOW, THEREFORE, in consideration of the mutual covenants contained herein and' for other good and. valuable consideration, DISTRICT and CITY hereby agree to the following amendments: 1. ARTICLE IH. SCHEDULE OF WORK AND EFFECTIVE DATE: shall be amended as follows: Completion date of Agreement shall be November 11, 1999, unless the date is extended by mutual agreement of the parties hereto. Time is of the essence." EXHIBIT "A" - SCOPE OF WORK, Section IV. Contract Schedule, Phase L Segment I, First Year, is amended as per the attached "Revised Contract Schedule." DISTRICT and C-TrY agree that all other terms and conditions of the original Agreement are hereby ratified and continue in full force and effect. IN WITNESS WHEREOF, the parties h~reto have duly executed this Amendment on the date set forth, above. ST. JOHNS RIVER WATER By: MANAG~/~~ He~D~an, F)Acu~ive Director CITY OF SEBASTIAN By: Attest: Typed Name and Tide Typed Name and Title APPROVED BY~ OFFICE OF GENERAL COUNSEL John W. Williams, Deputy General Counsel St. Johns River Water Management District OW I I I I I I I I °1 I I I ! I I