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Home My WebLink About05241995I City of Sebastian 1225 MAIN STREET D SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, MAY 24, 1995 FOLLOWING WORKSHOP 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 individuals shall, address the City Council with respect to agenda items immediately prior to deliberation of the aero by the City Council if they have signed the sign-up sheet provided prior to the meeting - limit often minutes per speaker (R-95-23) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE INVOCATION - No One Available 4. ROLL CALL AGENDA MODIFICATIONS {ADDITIONS A,,.ND/OR DELETIONS) Items not on the written agenda may be added only upon unanimous consent of the Council members present (R-95-23) 6. PROCLAMATJONS AND/OR ANNOU.N_CEMENTS 95.032 PGS 1-7 ~.UBLIC HEARING, FINAL ACTION The normal order of business for public hearings (R-95-23) is as follows: Mayor Opens Hearing Attorney Reads Ordinance or Resolution Staff Presentation Public Input Staff Summation- Mayor Closes Hearing Council Action Please note: Anyone wishing to speak is asked to go to the podium and state his/her name and address for the record prior to addressing City Council. ORDINANCE NO. 0-95-12 - Antique Shops, Consignment Shops, Secondhand Stores in General Commercial Zoning Districts - Repeals 0-95-05 (O-95-12) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 20A, SECTIONS 20A-2.5.C.6, 20A-2.5.C. 13., 20A-6.1.C. 18 AND 20A-3.10.B. AND C. OF THE CITY OF SEBASTIAN LAND DEVELOPMENT CODE OF THE CODE OF ORDINANCES OF TIlE CITY OF SEBASTIAN, FLORIDA; TO CLARIFY CLASSIFICATIONS AND DEFINITIONS; TO PERMIT ANTIQUE SHOPS AND SECONDHAND STORES IN THE GENERAL COMMERCIAL (CG) ZONING DISTRICTS; TO ALLOW FLEA MARKETS AND PAWN SHOPS IN THE GENERAL COMMERCIAL (CG) ZONING DISTRICT AS A CONDITIONAL USE; AMENDING THE CITY OF SEBASTIAN LAND DEVELOPMENT CODE OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN, FLORIDA ,TO ADD ANTIQUE SHOPS, CONSIGNMENT SHOPS, SECONDHAND STORES AND SPORTING GOODS SHOPS TO SECTION 20A-2.5.C.6; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; REPEALING ORDINANCE 95-05; AND PROVIDING FOR AN EFFECTIVE DATE. (1 st Reading 4/26/95, Advertised Legal Notices 5/10/95, PH 5/24/95) PGS 9-22 95 .O94 PGS 23-33 95.095 PGS 35-38 CON.SENT AGENDA All items on the consent agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. A. Approval of Minutes - 5/10/95 Regular Meeting RESOLUTION NOL R-95-29 - Vacation of Easement (City Clerk Transmittal dated 5/10/95, R-95-29, Survey, Letters of No Objection) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE WEST SIX FEET OF LOT 12 AND THE EAST SIX FEET OF LOT 13 PUBLIC UTILITY AND DRAINAGE EASEMENT, BLOCK 247, SEBASTIAN HIGHLANDS UNIT 10, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 6-37E, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE. RESOLUTION NO. R-95-32 - Requesting FDOT to Install Median Cut on U.S. 1 at Barber Street (City Clerk Transmittal dated 5/18/95, R-95-32) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REQUESTING · THE FLORIDA DEPARTMENT OF TRANSPORTATION AND THE METROPOLITAN PLANNING ORGANIZATION TO CREATE A MEDIAN CUT ON U.S. 1 FOR BARBER STREET, PROVIDING FOR SEVERABILITY, PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS, PROVIDING FOR CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE. 95.O96 D. PGS 39-76 95.097 E. PGS 77-79 95.091 F. PGS 81-83 95.021 G. PGS 85-86 10. 1¸1. 95.O28 PGS 87-100 Bid Award - City of Sebastian Telephone System - Bell South - $33,784.45 (Director of Cmnmunity Development Transmittal dated 5/16/95, Bid Specs, Addendum, Bid Descriptions, Bid Tabulation, Bid Clarifications) Bid Waiver - Clearbrook Street Culvert Pipe Replacement - Approve Purchase of Pipe - Southern Culvert Pipe - Indian River County Commodities Price - $43.99 Per Foot - $2,463.44 Total (Director of Public Works Transmittal dated 5/16/95, Drawing, Commodities Contract) Sebastian Jaycees - Request Collection of Donation at Community Center - Dance Mania II - Kidney Transplant Benefit - 6/23/95 - 6 pm to 10 pm - Security Paid (City Clerk Transmittal dated 5/8/95, R-94-50 Excerpt, Application) Craft Club of Sebastian - Request Use of Riverview Park - Annual Shows - 10/7/95 (10/8/95 Raindate), 11/4/95 (11/5/95 Raindate), 12/2/95 and 12/3/95, 1/6/96 (1/7/96 Raindate), 2/3/96 (2/4/96 Raindate), 3/2/96 (3/3/96 Raindate) (City Clerk Transmittal dated 5/16/95, Waters Letter dated 5/11/95) PRESENTATIONS - None CO,MMITTE!g REPORTS/RECOMMENDATiONS O~D BUSINESS P~ESOLUTION NO. R-95-24 - Native Tree List (Director of Community Development Transmittal dated 4/10/95, R-95-24) Tabled at 5/10/95 Regular Meeting to this Agenda - Requires Motion to Remove.from the Table A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A LIST OF NATIVE TREES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS, CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 4 95 .O68 PG 101 Costa Drainage Issue - Swales, Ditches and Culverts (City Manager Transmittal dated 5/16/95) 12. NEW BUSINESS 95.098 A. PGS 103-105 Rank Sto~xnwater Engineering Consultants and Direct City Manager to Begin Negotiations (City Manager Transmittal dated 5/15/95, Rating Sheet) 95.047 B. PGS 107-108 Award of Franchise - Residential Refuse Collection Services - Capital Sanitation d.b.a. R & R Corporate Systems, Inc. - $6.30 Monthly (City Manager Transmittal dated 5/9/95) 95.047 C. PGS 109-142 ORDINANCE NO.. 0~9..5-09 - Exclusive Residential Solid Waste Collection Franchise Agreement w/Capital Sanitation d.b.a. R & R Corporate Systems, Inc. (See Transmittal Above, 0-95-09) ]st Reading, Schedule Public Hearing AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, GRANTING AN EXCLUSIVE RESIDENTIAL SOLID WASTE COLLECTION FRANCHISE TO CAPITAL SANITATION d.b.a./R & R CORPORATE SYSTEMS, INC.; PROVIDING FOR DEFINITIONS; PROVIDING FOR A FIXED TERM; PROVIDING FOR MANDATORY SERVICE BY CONTRACTOR; PROVIDING FOR A DESCRIPTION OF SERVICES TO BE PERFORMED; PROVIDING FOR RESIDENTIAL COLLECTION; PROVIDING SCHEDULES AND ROUTE REQUIREMENTS; PROVIDING OTHER PROVISIONS; PROVIDING FOR PAYMENT OF FRANCHISE FEE TO CITY; SETTING RATES; PROVIDING FOR FORFEITURE; PROVIDING FOR CONFLICTS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR ATTORNEYS' FEES AND PROVIDING FOR AN EFFECTIVE DATE. 95.099/ D. 94.282 PGS 143-150 ORDINANCE NQ,..0-95-13 - Annexation - U.S. 1 ~ Three Parcels - Four Acres (Director of Community Development Transmittal dated 5/18/95, 0-95-13) ist Reading, Sche&de Public Hearing for 6/14/95 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO VOLUNTARY ANNEXATION; ANNEXING A PARCEL OF LAND LOCATED IN THE NORTH CENTRAL SECTION OF THE CITY, COMPRISED OF THREE PARCELS WHICH TOTAL 4 ACRES, MORE OR LESS, LOCATED APPROXIMATELY 957 FEET SOUTH OF THE NORTHERNMOST BORDER OF THE CITY OF SEBASTIAN, BORDERED ON THE WEST BY U.S. 1, BORDERED ON THE EAST BY THE FLEMING GRANT LINE, AND APPROXIMATELY 288 FEET NORTH OF THE SEBASTIAN CEMETERY; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. 95.099/ E. 94.282 PGS 151-158 ORDIN.ANCE. N.O, 0-95-14 - Rezoning - U.S. 1 Three Parcels - Four Acres (Director of Community Development Transmittal dated 5/18/95, O-95-14) 1st Reading, Schedule Public Hearing for 6/14/95 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO REZONING; REZONING CERTAIN PROPERTY LOCATED IN THE NORTH CENTRAL SECTION OF THE CITY, COMPRISED OF THREE PARCELS WHICH TOTAL 4 ACRES, MORE OR LESS, LOCATED APPROXIMATELY 957 FEET SOUTH OF THE NORTHERNMOST BORDER OF THE CiTY OF SEBASTIAN, BORDERED ON THE WEST BY U.S. 1, BORDERED ON THE EAST BY THE FLEMING GRANT LINE, AND APPROXIMATELY 288 FEET NORTH OF THE SEBASTIAN CEMETERY, FROM INDIAN RIVER COUNTY RM-6 (RESIDENTIAL MULTI-FAMILY, 6 UNITS PER ACRE) TO CG (GENERAL COMMERCIAL); PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. 95.013 F. PGS 159-166 95.100 G. PGS 167-172 95.101 PGS 173-176 95.1 O2/ 94.047 PGS 177-204 13. 14. Proposed Amendment to Land Development Code Re: Accessory Buildings - Schedule 1st Reading 6/14/95 (Director of Community Development Transmittal dated 5/9/95, Proposed Ordinance, P & Z Memo dated 4/21/95) Approve Municipal Lease-Purchase Agreement - Backhoe - Falcon Power - Option One or Two (Director of Public Works Transmittal dated 5/16/95, Lease Options) RESOLUTION NO. R-95-30 - Communications Workers of America/City of Sebastian - Collective Bargaining Agreement (Director of Personnel Transmittal dated 5/17/95, R-95-30, Agreement Under Separate Cover) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RATIFYING A CONTRACT BETWEEN THE CITY OF SEBASTIAN AND THE COMMUNICATIONS WORKERS OF AMERICA, FOR THE PERIOD FROM 5/25/95 THROUGH AND INCLUDING 9/30/97; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Conceptual Approval Agreement Re: Acquisition of Single-Family Lots in Sebastian Highlands Unit 17 for Habitat Conservation Plan (Director of Conununity Development Transmittal dated 5/16/95, DeBlois Letter dated 5/5/95, Conceptual Approval Agreement) INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Which is not otheravise on the agenda - limit often minutes for each speaker CITY COUNCIL MATTERS A. Mr. Raymond Halloran B. Mayor Arthur Firtion C. Vice Mayor .C~trolyn Corum 95.1 O3 PGS 205-210 RESOLUTION..NO. R-95-31 - Supporting Indian River County in its Efforts to Restore Old Courthouse (City Clerk Transmittal dated 5/18/95, R-95-31, Stanbridge Letter dated 5/15/95 w/attached Fact Sheet) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, IN SUPPORT OF INDIAN RIVER COUNTY, IN ITS OWN EFFORTS TO RESTORE AND REHABILITATE THE OLD INDIAN RIVER COUNTY COURTHOUSE LOCATED AT 2145 14TH AVENUE, DOWNTOWN VERO BEACH. D. Mrs~ Louise Car~right E. Mrs, N0rma Damp 15. CITY ATTORNEY MATTERS 16. CiTY MANAGER MATTERS 17. ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (O OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS iS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. ORDINANCE NO. 95-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 20A, SECTIONS 20A-2.5.C.6, 20A-2.5.C.13, 20A-6.1.C.18 AND 20A-3.10.B. AND C. OF THE CITY OF SEBASTIAN LAND DEVELOPMENT CODE OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN, FLORIDA; TO CLARIFY CLASSIFICATIONS AND DEFINITIONS; TO PERMIT ANTIQUE SHOPS AND SECONDHAND STORES IN THE GENERAL COMMERCIAL (CG) ZONING DISTRICTS; TO ALLOW FLEA MARKETS AND PAWN SHOPS IN THE GENERAL COMMERCIAL (CG) ZONING DISTRICT AS A CONDITIONAL USE; AMENDING THE CITY OF SEBASTIAN LAND DEVELOPMENT CODE OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN, FLORIDA, TO ADD ANTIQUE SHOPS, CONSIGNMENT SHOPS, SECONDHAND STORES AND SPORTING GOOD SHOPS TO SECTION 20A-2.5.C.6; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; REPEALING ORDINANCE 95-05; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Florida, desires to amend the Code of Ordinances, City of Sebastian, Florida, in the City of Sebastian Land Development Code to allow antique shops, and secondhand stores as a permitted use in CG zoning districts; and WHEREAS, the City Council of the City of Sebastian, Florida, finds that it would be in the best interest of the city that Section 20A-2.5.C.6 of the Code of Ordinances, City of Sebastian, Florida, in the City of Sebastian Land Development Code be amended to include antique shops, consignment shops, secondhand stores and sporting good shops; and WHEREAS, the City Council of the City of Sebastian, Florida, finds that it would be in the best interest of the City that Sections 20A-2.5.C.13, 20A-2.5.C.18 and 20A-3.10.B. and C. of the Code of Ordinances, City of Sebastian, Florida, in the City of Sebastian Land Development Code be amended to permit flea markets and pawn shops as a conditional use in the General Commercial (CG) Zoning Districts; and WHEREAS, the City Council of the City of Sebastian, Florida, believes that it is in the best interests of the health, safety, and general welfare of the community to so amend the Code of Ordinances, city of Sebastian, Florida, in the City of Sebastian Land Development Code. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, THAT: Section 1. The Code of Ordinances, City of Sebastian, Florida, in the City of Sebastian Land Development Code is hereby amended by changing Section 20A-2.5.C.13 to read as follows: 13. Flea markets and pawn shops: Retail sale of goods in an establishment which provides booths, stalls, or other marketing areas to more than one retailer within the same business establishment, or pawn brokerage services. Section 2. The Code of Ordinances, City of Sebastian, Florida, in the City of Sebastian Land Development Code is hereby amended by changing Section 20A-6.1.C.18 to read as follows: 18. Flea Markets and Pawn Shops: a. Applicable zoning districts. Flea markets and pawn shops shall be permitted as a conditional use within the CG zoning district. b. Conditional use criteria. Flea markets and pawn shops will be allowed in the CG district provided the following criteria are met: (1) All sales activity and storage shall be in an enclosed structure. (2) No structure shall be located within fifty (50) feet to any lot line abutting a residential district. (3) No off-street parking or loading area shall be located closer than fifteen (15) feet to any property line abutting a residential district. Section 3. The Code of ordinances, city of Sebastian, Florida, in the city of Sebastian Land Development Code is hereby amended by changing Section 20A-3.10.B and C to read as follows: B. Permitted Uses. In this district, as a permitted use, a building or premises may be used for only the below stated uses. All applicable provisions of this code shall be satisfied, including site plan review and performance criteria. Permitted Uses: Cultural or civic activities, places of worship, public or private not-for-profit administrative services, public or private not-for-profit clubs, business and professional offices, general retail sales and services (including antique shops, consignment shops and secondhand stores), limited commercial activities, parking garages, plant nurseries, restaurants (excluding drive-ins), trade and skilled services, transient quarters, vehicular sales and related services, retail gasoline 3 sales, medical services and accessory uses. (Ord. No. 0-93-01, § 32, 2-24-93) C. Conditional Uses. In this district as a conditional use a building or premises may be used for only the following conditional uses upon compliance with applicable conditions stated in article VI and all other applicable provisions of this Code, including site plan review and performance criteria. The Planning and Zoning Commission shall ascertain if such conditions and provisions are satisfied. Appeal of such decisions shall be heard by the city Council. Conditional Uses: Adult entertainment establishments, bars and lounges, child care facilities, drive-through facilities, farmer's markets, funeral homes, hotels and motels, indoor theaters and other enclosed commercial amusements, flea markets and pawn shops, nursing homes (including rest homes or convalescent homes), public and private utilities, public parks and recreation areas, public protective and emergency services, restaurants (drive-in), vehicular service and maintenance, veterinary medical services, wholesale trades and services, and accessory uses. (Ord. No. 0-93- 01, § 66, 2-24-93) Section 4. That Chapter 20A, Section 20A-2.5.C.6 of the Code of Ordinances, city of Sebastian, Florida, in the City of Sebastian Land Development Code is hereby amended to read as follows: 6. General Retail Sales and Services. Retail sale or rental from the premises of goods or services to include all uses listed under limited commercial activities as well as the following: Antique shops Appliance stores, without major warehousing Art shops and supplies Bakeries, excluding wholesale production and distribution Bicycle shops Consignment shops Copying services Cosmetic stores Department stores Drapery stores Drug stores Dry cleaning establishments complying with Class IV or Class V Fire Code Prevention requirements and using only Class IV solvents such as perchlorethelene, except for spotting as provided for in section 9.6(m) of the Fire Prevention Code Dry goods stores Fabric stores Garden supplies Gasoline sales Grocery stores Hardware stores, without outside storage of lumber and other building supplies Health and exercise studios Home furnishing stores Lawn and garden supplies Large specialty shops Luggage and leather goods stores office equipment and supplies Paint and wallpaper retail sales Pet supply and pet shops Secondhand stores Sporting goods stores Other special exception uses approved by the city Council based on similarity of use; absence of wholesaling, warehousing, outside storage and distribution functions; and absence of any characteristic dissimilar and incompatible with the uses identified herein pursuant to Section 20A-2.6. Section 5. 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 a part of the Code of Ordinances, City of Sebastian, Florida, in the city of Sebastian Land Development Code and that the sections of this Ordinance may be renumbered, relettered, and the word "ordinance" may be changed to "Section", "Article", or such other word or phrase in order to accomplish such intention. Section 6. Ordinance 95-05 is hereby specifically repealed in its entirety. All other Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 7. If any clause, section, or other part or application of this Ordinance shall be 'held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated, in no way affecting the validity of the remaining portions or applications, which shall remain in full force and effect. Section 8. This Ordinance immediately upon its adoption. The foregoing ordinance was Councilmember by Councilmember to a vote, the vote was as follows: Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Councilmember Norma J. Damp Councilmember Ray Halloran Councilmember Louise R. Cartwright shall become effective moved for adoption by The motion was seconded and, upon being put 6 The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 1995. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Arthur L. Firtion, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Vero 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 ...... , 1995, and at the following said public hearing this Ordinance was passed by the City Council. Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to Form and Content: Clifton A. McClelland, Jr. City Attorney City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, MAY 10, 1995 ~ 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 Individuals' shall address the City Council with respect to agenda items immediately prior to deliberation (¢'the item by the City Council ~'they have signed the sign-up sheet provided prior to the meeting - limit tg'ten minutes per speaker (R-93-19) 1. Mayor Firtion called the Regular Meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. 3. Invocation was given by Reverend Donald Swope - Sebastian Presbyterian Church. 4. ROLL CALL City Council Present: Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Mrs. Louise Cartwright Mrs. Norma Damp Mr. Raymond Halloran Staff Present: City Manager, Joel Koford City Clerk, Kathryn O'Halloran City Attorney, Clifton McClelland Director of Com.munity Development, Bruce Cooper Deputy City Clerk, Sally Maio Regular City Council Meeting May 10, 1995 Page Two 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon unanimous consent of the (;ouncil memherx presenl (R-93-19) The City Manager recommended that Resolution No. R-95-24 be retabled to May 24, 1995. MOTION by Corum/Cartwright I make a ~notion to table Resolution No. R-95-24 to the 24th of May. ROLL CALL: Vice Mayor Corum - aye Mrs. Cartwright - aye Mrs. Damp - aye Mi'. Halloran - aye Mayor Firtion - aye MOTION CARRIED 5-0 Vice Mayor Corum requested addition of an announceinent by George Schum as item 6C. MOTION by Coruln/Cartwright I'd like to make a motion to add to the agen~,da under item 6 ,, Proclamations/Announcements ite~n C - ~'George Schum A.nnouncetnent . ROLL CALL: Mrs. Cartwright - aye Mrs. Dmnp - aye Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corum - aye MOTION CARRIED 5-0 Mayor Firtion stated he had received a letter fi'om Vice Mayor Corum which stated she was resigning fi'om the Economic Development Council immediately and requested to add it to the agenda. Regular City Council Meeting May 10, 1995 Page Three MOTION by Halloran/Cartwright I tnake a inotion to add the Cotton letter to the agenda for tonight. ROLL CALL: Mrs. Datnp - aye Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corum - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 6. pROCLAMATiONS AND/OR ANNOUNCEMENTS 95.086 A. Presentation of Plaque-Joan Kos.te~b~dcr- Code Enforcement Board Mayor Firtion read and presented a plaque to Joan Kostenbader. 95.087 B. Presentation of Longevity Award.s- Five and Ten Year Employees Mayor Firtion presented longevity awards to employees who were in attendance. (See a cotnplete list attached). C. Geome Schu~n Announcement Mr. Schuln announced the Sebastian Volunteer Fire Deparnnent car wash on Sunday, June 11, 1995 at Chessser's Gap Shopping Plaza. Regular City Council Meeting May 10, 1995 Page Four 95.008 I>UBLIC HEARING. FINAL.ACTION The normal order o./'business fi)r pub~lc hearings (R-88-32) is as follows: · Mayor ()pens Hearing · Attorney Ready Ordinance or Resohtlion · SlqffPresenlalion · Public Input · Sta.~fSummalion · Mayor (':loses Hearing · Council A c/ion Please hole: Anyone wishing lo speak is asked to go lo the podium and state his/her name and address fi~r lhe record prior lo addressing City Council. A. ORDINANCE NO.. O-95-10 - Minor Subdivision Plats (O-95-10) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO MAJOR AND MINOR SUBDIVISIONS; AMENDING THE SUBDIVISION ORDINANCE TO ESTABLISH THE REQUIREMENT FOR MINOR SUBDIVISIONS; PROVIDING THAT ANY TRACT OF LAND SUBDIVIDED AS A MINOR SUBDIVISION CANNOT BE FURTHER SUBDIVIDED UNLESS IT MEETS THE REQUIREMENTS OF A MAJOR SUBDIVISION; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABiLiTY; AND PROVIDING AN EFFECTIVE DATE. Mayor Firtion opened the public hearing at 7:15 p.m. and the City Attorney read Ordinance No. 0-95-10 by title only. The Director of Community Development gave a brief explanation of the proposed amendment. Mayor Fi(tion closed the public hearing at 7:16 p.m. 4 Regular City Council Meeting May 10, 1995 Page Five MOTION by Cormn/Cartwright I move Council adopts Ordinance No. 0-95-10. ROLL CALL: Mr. Halloran - aye Mayor Firtion - aye ' Vice Mayor Corum - aye Mrs. Can'wright - aye Mrs. Damp - aye MOTION CARRIED 5-0 CONSENT AGENDA All items on the consent agenda are considered [o be routine and will be enacted by one motion. There will be no separate discussion ~consent agenda items unless a member o. f Cily C. ouncil xo requests; in which event, the item will be removed and ac/ed upon separately. Approval of Minutes- April 26, 1995 Regular Meeting, May 2, 1995 Community Action Plan Workshop, May 3, 1995 Community Action Plan Workshop 95.070 RESOLUTION NO. R-95-23 - City Council Meetings (City Clerk Transmittal dated 5/4/95, Revised R-95-23) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING THE DATE AND TIME FOR CITY COUNCIL MEETINGS; ADOPTING ROBERTS RULES OF ORDER; PROVIDING FOR AGENDA PREPARATION; PROVIDING FOR AGENDA MODIFICATION; PROVIDING FOR PUBLIC HEARING PROCEDURES (OTHER THAN QUASI-JUDICIAL MATTERS); PROVIDING FOR PUBLIC INPUT PROCEDURES; ESTABLISHING DIRECTION RELATIVE TO VERBATIM TRANSCRIPTS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF THE RESOLUTION. Regular City Council Meeting May 10, 1995 Page Six The City Manager read the consent agenda and the City Attorney read the title for Resolution No. R-95-23. Mrs. Cartwright removed item C. MOTION by CormrffCa~xwright I move approval of item A of the consent agenda. ROLL CALL: Mayor Firtion - aye Vice Mayor Corum - aye Mrs. Cartwright - aye Mrs. Damp - aye Mr. Halloran - aye MOTION CARRI'ED 5-0 Item 13 - Resolution No, R-95-23.. Mrs. Cartwright questioned the reference to the tilne fl'ame for signing up to speak and recommended speci~ing Monday through Wednesday 8:00 a.m. to 4:30 if signing up in the City Clerk's Ofrice. Discussion followed relative to the need for public input at special meetings. MOTION by Cartwright/Damp I move that we adopt Resolution No. R-95-23 with the changes regarding the sign-up sheet changing it to the Monday prior to the Council meetings. The City Clerk clarified Monday through Wednesday 8 a.m. to 4:30 p.m. The City Attorney recmmnended language alnendrnent to Section 1 (see attached) relative to times for meetings and workshops. MOTION by Cartwright/Halloran I move that the lnotion be amended to include the change to Section I as proposed. Regular City Council Meeting May 10, 1995 Page Seven ROLL CALL (amendlnent) Mrs. Cartwright Mrs. Damp Mr. Halloran Mayor Firtion Vice Mayor Cotton - aye - aye - aye - aye - aye MOTION CARRIED 5-0 ROLL CALL (main motion) Vice Mayor Conun Mrs. Cartwright Mrs. Damp Mr. Halloran Mayor Firtion - aye - aye - aye - aye - aye MOTION CARRIED 5-0 9. PRESENTATIONS - None 10. COMMITTEE REPORTS/RECOMMENDATIONS 95.088 CODE ENFORCEMENT BOARD - Interview and Appoint (Director of Community Development Transmittal dated 4/20/95, Code Enforcement Board Memo dated 4/20/95, O-93-16, Applications) Appoint Mack May to Regular Member Resident Position Three Year Term Vacated by Joan Kostenbader - Term to Expire March 1998 Appoint Michael Fitzpatrick to Regular Member Subconn'actor Position - Unexpired Term to Expire Februal-y 1997 Regular City Council Meeting May 10, 1995 Page Eight o Appoint David Costa to Alternate Position - Tlu'ee Year Term - Position Not Previously Filled Herbert Storm, 549 Saunders Street, Sebastian, discussed appointment procedures and recomlnended against one applicant. Michael Fitzpathck, 874 Delores Street, Sebastian, applicant for a position, said he will not be available until after September 1, 1995. MOTION by Halloran/Damp i make a motion that we readvertise for candidates for the Code Enforcement Board. Vice Mayor Corum noted that there are qualified applicants available for positions. ROLL CALL: Mrs. Dmnp - aye Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corum - aye Mrs. Cartwright - nay MOTION CARRIED 4-1 (Cartwright - nay) Vice Mayor Cormn then made motions to appoint Mack May and Robert Pruitt, but there were no seconds. Mrs. Cartwright asked applicants to reapply. Regular City Council Meeting May 10, 1995 Page Nine I1. OLD. B [.JSIN'ESS 95.028 A. RESOLUTION NO. R-95-24 - Native Tree List (Director of Community Development Transmittal dated 4/10/95, R~95-24) Tabled al 4/26/'95 Reg'ttlar Meeling lo this Agen&~ - Requires Molion to Remove fi'om the Table A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A LIST OF NATIVE TREES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS, CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. This item was previously tabled to May 24, 1995. 12. NEW BUSINESS 95.089 Proposed Agreement Between Indian Riyer County and City of Sebastian Re: Purchase of Water and ~astewater System Including Park Place System - Discussion and Take Appropriate Action.(Ci.ty. Manager Transmittal dated 5/3/95, Proposed AgreemenO The City Manager briefly explained the proposed agreement for sale of the water and wastewater system to Indian River County, said he and the City Attorney will need City Council input to proceed with negotiations and hearings and, that at this point, the agreement was conceptual in nature and not to be voted on. TAPE I - SIDE II (7:49 p.m.) The City Attorney noted that bond counsel had made ce~1ain recommendations, received direction on service goals for sewer and giving the city first right of special assess~nent, and stated he would refine the agreement accordingly and review it with the County Attorney and bond counsel. Regular City Council Meeting May 10, 1995 Page Ten Vice Mayor Corum requested information relative to Indian River County's plans for the land on which the facilities are located. 95.090 B. Proposed Amendment to Agreement Between Indian River County. and Nelson Hyatt - Lake Dolores (Park Place) SurchmHe (IRC Letter dated 5/2/95, Proposed Agreement) Following a brief discussion on the conditions of the agreement, motion was made. MOTION by Cartwright/Halloran I move that we accept tile agreement between Indian River County and Nelson Hyatt regarding Park Place and have the Mayor sign and the City Clerk attest. ROLL CALL: Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corum - aye Mrs. Ca~twright - aye Mrs. Damp - aye MOTION CARRIED 5-0 Mayor Firtion called recess at 8:25 p.m. and reconvened the meeting at 8:35 p.m. All members were present. 95.091 Standard Housing Code -,I 994,.Editio.,,,n,,,,:,,,.,D, jrect City. Attorney to Draft Ordinancet~Direct0r 9f Comm,.u.~!i.ty Development Transmittal dated 5/2/95. Construction Board Memo dated 4/28/95. SBCCI. Standard Housing Code - 1994) MOTION by Damp/Cartwright I move that the City Council direct tile City Attorney to draft the ordinance. 1o Regular City Council Meeting May 10, 1995 Page Eleven Discussion followed relative to conflicts between the Land Development Code and Southern Housing Code. The Director of Community Development said conflicts will be removed fi'om the Housing Code. ROLL CALL: Mayor Firtion - aye Vice Mayor Corum - aye Mrs. Cartwright - aye Mrs. Damp - aye Mr. Halloran - aye MOTION CARRIED 5-0 95.092 D. Carl A.uEjs.ct!.~_r - South U.S. I and Old Dixie Highway - Proposed Comprehensive Land Use.,..P.!an Amendment and Rezoning - COR to C.L .-....Direct CiW Attorney to Draft Ordinances and Set ()tmsi-Ju.dici~l! Hearing (Director of. Community Development Tlia.ns!BJ.t.~3l dated 5/2/95, Applications. Area Map. Survey, P & Z Recommendation dated 4/21/95, LDC Sections, CLUP Section) TAPE ii - SIDE I (8:47 p.in.) MOTION by Damp/Cartwright I move to direct the City Attorney to prepare the appropriate ordinances and set a public hearing. ROLL CALL: Vice Mayor Corum - aye Mrs. Cartwright - aye Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye MOTION CARRIED 5-0 13. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC, Which is no! oiherwi.ve on the agenck~ - I/mi! often mimtte.s' for each speaker 11 Regular City Council Meeting May 10, 1995 Page Twelve 14. Walter Barnes, 402 Azine Terrace, Sebastian, expressed concern for the manner in which City Council made recent appoinnnents to Planning and Zoning. Herbert Sturm, 549 Saunders Street, Sebastian, cmnmented on certain sections of 0-93-19; requested establislunent of a blue ribbon committee to review Code Enforce~nent matters; and discussed Swim Lake problems. CITY COUNCIL MATTERS A. Mrs, Nonna Damp Mrs. Dmnp inquired about flitm'e plans for an Administrative Hearing Board and status of Laconia Sn'eet. B. Mr. Raymond Halloran Mr. Halloran reported the MPO had approved a consultant for a computer mapping system and gave the City Clerk tim infmynation for staff coordination; and expressed concern for the area between the bikepath on the north side of CR512 and properties, reporting that Indian River County is willing to install lights if the City is willing to pay electric costs. Mrs. Cart~vright requested fitrther information before making a decision. C. Mayor Arth. ur Firtion Mayor Firtion reported on his participation at a Health Fair on behalf of United Way and scholarship presentations at the Roseland Community Center. Mrs. Dmnp vohmteered tot' the Economic Develop~nent Council position and Mrs. Cartwright volunteered to be alternate. 12 Regular City Council Meeting May 10, 1995 Page Thirteen 95.093 D. Vice Mayor Carolyn Corum I. Median Cut - U.S. 1/Barber Street (Transmittal dated 5/I/95) Vice Mayor Corum reiterated her concern fox' the need'for a median cut on U.S. 1 adjacent to Barber Sta'eet. The City Manager suggested the City's position be given in the form of a resolution. City Council concurred to direct the City Manager to draft a resolution. Vice Mayor Corum inquired about the status of review of fees for quasi- judicial matters; and said she will soon submit information on landscape management to the City Manager. E. Mrs. Louise Cartwright None. 15. CITY ATTORNEY MATTERS The City Manager reported on methods to use for requests for release of liens in regard to the special assesstnent. He said he will provide a form to staff. 16. CITY MANAGER MATTERS 17. The City Manager received a cons¢llStlS from City Council for the closing of Indian River Drive for the Sebastian River Area Chalnber of Commerce 5K run on July 4, 1995 at 5:30 a.m.; received authorization from City Council to draft a lease fox' the Sebastian River Area Soccer Association similar to the Little League lease; said he bad received an offer of sale for the Stevenson house and Channel 68 Marina fora total of $1,795,000; and reminded City Council he would be on vacation next week. Being no further business, Mayor Fil-tion adjourned the Regular Meeting at 9:25 p.m. 13 Regular City Council Meeting May 10, 1995 Page Fourteen Approved at the , 1995, City Council Meeting. Arthur L. Firtion, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk 14 City of Sebastian i 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA FORM SUBJECT: Resolution No. R-95-29 Vacation of Easement - Barbera Lot 12 & 13, Block 247, Unit 10 Approved for Submittal By: City Manager Agenda No. ¢0~'"', 0 ¢ ¢;~ Dept. Origin: citZ Clerk,~-O Date Submitted: 5/9/95 For Agenda of: 5/24/95 Exhibits: R-95-29 Application Survey No Objection Letters EXPENDITURE AMOUNT APPROPRIATION REQUIRED: BUDGETED: REQUIRED: N/A N/A N/A SUMMARY STATEMENT We have received a request for vacation of easement for Lots 12 & 13,Block 247, Sebastian Highlands Unit 10, from Anthony Barbera. All utilities and appropriate City departments have been notified and have no objections. Their letters are included in your packet. RECOMMENDED ACTION Adopt Resolution No. R-95-29. RESOLUTION NO. R-95-29 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE WEST SIX FEET OF LOT 12 AND THE EAST SIX FEET OF LOT 13 PUBLIC UTILITY AND DRAINAGE EASEMENT, BLOCK 247, SEBASTIAN HIGHLANDS UNIT 10, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 6-37E, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. VACATION OF EASEMENT. The city of Sebastian, Indian River County, Florida, does herewith vacate, abolish, abandon and discontinue all that portion of land previously dedicated for easement and described as follows: The West six feet of Lot 12 and the East six feet of Lot 13 Public Utility and Drainage Easement of Block 247, Sebastian Highlands Unit 10, according to the plat thereof, recorded in PBI 6-37E, of the Public Records of Indian River County, Florida. Section 2. REPEAL. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. RECORDING. This resolution shall be recorded in the public records of Indian River County, Florida. Section 4. EFFECTIVE DATE. This resolution shall be in full force and effect immediately upon its passage. The foregoing Resolution was moved for adoption by Councilmember Councilmember vote was as follows: The motion was seconded by and, upon being put to a vote, the City Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Councilmember Louise R. Cartwright Councilmember Norma J. Damp Councilmember Raymond W. Halloran The foregoing Resolution was duly passed and adopted by the Council of Sebastian, Florida, this day of , 19 CITY OF SEBASTIAN, FLORIDA ATTEST: By: Arthur L. Firtion, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk (SEAL) STATE OF FLORIDA COUNTY OF INDIAN RIVER I HEREBY CERTIFY that on this day, before me, an officer duly authorized in Indian River County, Florida, to take acknowledgements, personally appeared Arthur L. Firtion and Kathryn M. O'Halloran known to me to be Mayor and City Clerk respectively, and neither of them took an oath. WITNESS my hand and seal in Indian River County, Florida, the day of , 19 Linda M. Galley NOTARY PUBLIC, STATE OF FLORIDA AT LARGE My Commission Expires: Approved as to Form and Content: Clifton A. McClelland, Jr., city Attorney 2 CITY OF SEBASTIAN APPLICATION FOR VACATION OF EASEMENT(S) (This request shall no be accepted unless gompleted i__n full) I · TELEPHONE NO. 7~ O~.~..~ TYPE OF ENTITY:* /~ *Individual, corporation, etc. - If corporation apply corporate seal below LEGAL DESCRIPTION OF REAL PROPERTY ON WHICH EASEMENT EXISTS: (~ttach description on attachmenti~ necessary) DESCRIPTIVE LOCATION OF EASEMENT TO BE ABANDONED: (This item to be filled in by Building Official) ' ~ APPROXIMATE SIZE OF EASEMENT: /~.~.feet in length ]Z lin width PURPOSE FOR REQUEST TO VACATE: ~ AC=: ~ ~ 9~W ~, ~w ~,~ 0~ C~c~ Lo.~ )~. (Explain in detail your need to release this easement) I HEREBY CERTIFY that I, the Applicant, own the real property on which the easement I request to vacate exists, or I am authorized to present this request to vacate by the owner of the real property. SF~ned:(t~Ytle~, if any) Date ~ ' ~T/~*.~.~ , ~ ~ Z~6~ Corporate Seal Please ~r~nt Name Here .... Attach hereto the following: ( ) 1. Map, plat, survey, or clear drawing at least 8 1/2" x 11" showing the parcel of land on which the easement exists, with parcel(s) of land adjacent to the easement requested to be vacated. SHOW THE EASEMENT CLEARLY ON DRAWING. ( ) 2. (N/A) Complete legal description of the parcel of land on which the easement exists if the full description cannot be placed on the lines provided above for the description. ) 3. Written authorization of the owner of the parcel of land on which the easement exists if the applicant is not the owner. ( ) 4. (N/A) IF IT IS NECESSARY TO GRANT BACK ANOTHER EASEMENT TO REPLACE THE EASEMENT THAT IS TO BE VACATED, ATTACIt A DEED OF EASEMENT TO ACCOMPLISH THE DEDICATION OF TIlE NEW EASEMENT. ) 5. Attach a check or money order payable to "The City of Sebastian" upon submittal of this application to the Office of the City Clerk. This application fee is not /~ -~ refundable. The fee is $25.00. ,~-I ' d~<-'"~'~'-'/'?(~% ~'-~' · ) 6. OTHER: file: .~ba~3-f/app ~ _r~ ii 0 - / / I t~8 MAiN 3TR~.~T T~LEP~ONE i 16ge ~. Central Avenue se~al~Lan, 7/or,da ~hl CL~y o~ Seligman has,be~ requested ~o canCact m~ o~1c~ ac 58~-5330 bec~een ~e hours o~ ~00 A,~. a~a 4.'30 ~.~. ~a~hryn N. O'~I1Lo~i~, C~Cl~ CL~y cler~ XOH ~ .... L~,: April 27, 1995 Ms. Kathryn M. O'Halloran, City Clerk City of Sebastian 1225 Main Street Sebastian, Florida 32958 RE: Abandonment of Easement - Common side easement of Lots 12 and 13, Block 247, Unit 10 Dear Ms. O'Halloran, Falcon Cable TV has no objections to the abandonment of easement at the referenced location. Ken Vickers, Regional Manager Falcon Cable TV ~N CABLE MEDIA 710 Washington Street, P.O. Box 780249, Sebastian, Florida 32978, Tel: (407) 589-3846 1225 MAIN STRE~ o SEBASTIAN, FLORIDA 32958 TELEPHONE (40~ 589-5330 = FAX (407)589-5570 April 24, 1995 Jim Kiernan Southern Bell Telephone 3300 Okeechobee Road Ft. Pierce, Florida 34947 I Deaf The city of Sebastian has been requested ~o grant approval for an abandonmemt of the West six (6) feet of Lot 12, and the East six I feet of Lot 13 Public Utility and Drainage Easement, Block (6) 247, Sebastian Highlands Unit 10. A copy of the survey is attached for your information. I In compliance with City of Sebastian ordinance #0-76-4, June 14, 1976, you must respond in writing within fifteen days. I Should you have any questions concerning this matter, please contact my office at 589-5330 between the hours of 8:00 A.M. and 4:30 P.M. city clerk I KOH: lmg I Attachment i ( \we- form/aban- let) , I tO0~ 9iiI~SSXIOiIS '~$~ IaIo~.~ ~¥ 37'60 ~'6-SO'-'S-O .... -" City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 s FAX (407) 589-5570 April 25, 1995 Richard Votapka Sebastian Utilities 1225 Main Street Sebastian, Florida 32958 Dear Sir: The City of Sebastian has been requested to grant approval for an abandonment of the West six (6) feet of Lot 12, and the East six (6) feet of Lot 13 Public Utility and Drainage Easement, Block 247, Sebastian Highlands Unit 10. A copy of the survey is attached for your information. In compliance with city of Sebastian Ordinance #0-76~4, June 14, 1976, you must respond in writing within fifteen days. Should you have any questions concerning this matter, please contact my office at 589-5330 between the hours of 8:00 A.M. and 4:30 P.M. Sincerely yours, City Clerk KOH:lmg Attachment form/aban-let) City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 April 25, 1995 Richard Votapka Public Works Director 1225 Main Street Sebastian, Florida 32958 Dear Sir: The city of Sebastian has been requested to grant approval for an abandonment of the West six (6) feet of Lot 12, and the East six (6) feet of Lot 13 Public Utility and Drainage Easement, Block 247, Sebastian Highlands Unit 10. A copy of the survey is attached for your information. In compliance with City of Sebastian Ordinance #0-76-4, June 14, 1976, you must respond in writing within fifteen days. Should you have any questions concerning this matter, please contact my office at 589-5330 between the hours of 8:00 A.M. and 4:30 P.M. Sincerely yours, Kathryn ~4. O'Halloran, CMC/AAE City Clerk KOH:lmg Attachment (\ws-form/aban-let) SUBJECT: City of Sebastian 1225 MAIN STREET 1:3 SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [3 FAX (407) 589-5570 CITY COUNCIL AGENDA TRANSMITTAL RESOLUTION NO. R-95-32 URGING FDOT TO INSTALL MEDIAN CUT - US I & BARBER AGENDA NO: DEPT, ORIGIN: y_ICE MAYOR CORUM DATE SUBMITTED: 5/18/95, MEET'lNG DATE: 5/24/95 APPROVED FOR S'UBIVIITTAL: City Manager ' EXHIBITS R-95-~_ IExpenditure Required: N/A Amount Budgeted: N/A i N/A Appropriation Required: SUMMARY STATEMENT City Council, at its May 10, 1995 Regular Meeting, concun'ed with a request from Vice Mayor Corum to direct that a Resolution be drafted m'ging FDOT to install a median cut at U.S. 1 and Barber Street. RECOMMENDATiON Adopt Resolution No. R- 5-02 and direct staffto mail it to FDOT. I RESOLUTION NO. ~§- ~Z I ~ RESOLUTION OF T~E CITY OF BEBAGTZAN, INDIAN RIVE~ I COUNTY, FLORIDA, REQUESTIN~ THE FLORIDA DEPARTMENT OF T~t~NSPORTATIONANDTHEMETRO~OLITANPLANNiNG O~GANI~ATION I TO CREATE A MEDIAN CUT ON U.S. 1 ~OR BARBER STREET, PROVIDIN~ FOR SE~RA~ILITY~ P~OVIDIN~ ~OR REPEAL OF RE~OLUTION~ O~ PARTB OF RESOLUTIONS, PROVIDIN~ FOR CONFLZCT$~ AND PROVIDING FOR AN EFFECTIVE DATE. I WHEREAS, the ease and facility of access to and from U.S. 1 to Barber Street Stratton Avenue) is important =o the I (formerly citizens of the City of Sebastian; and WHEREAS, as the traffic volumes on U.s. 1 and Barber Street increame, the acoemm at such intersection becomes increamingly hazardous~ and WHEREAS, vehicles heading north on U.S. 1 which desire to turn west on Barber Street are blocked because of the median and drive to the next median cut, which has no turning lanes. These vehicles stop in the acceleration lane on U.S. I at this location while cars coming from the north turn into Pelican Point. The conflict in these turning movements exposes vehicles and their occupants to unnecessary hazards; and WHEREAS, the City Council of the City of Sebastian finds it is in the public interest to improve such access by having the Florida Department of Transportation provide a median cut at U.S. i and Barber Street; and WHEREAS, such median cut would be in the public interest, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: ~ 1. ~: The an, Indian River County, City Council of the City of Florida, hereby requests the Metropolitan Planning Organization and =he Florida Department of Transportation to conduct ~he proper engineering studies and construct a median cut on U.S. 1 at Barber Street. Such median cut should consider the turning characteristics of the vehicles which would use such a cut, provide for safe vehicular storage prior to turning movements, minimize vehicular conflicts, and facilitate the movement of traffic on Barber Street and U.S. 1. SECTJ~N ~. Presentations: The city Council of the City of Sebastian authorizes appropriate officials of the City and staff to make this request to the Florida Department of Transportation and the Metropolitan Planning Organization. The Clerk of the City of Sebastian shall furnish the Florida Department of Transportation and the Metropolitan Planning Organization copies of this Resolution. ~ ~. ~EFRP~BILITY: If any section or part of a section of this Resolution is declared invalid or unconstitutional, the validity, force and effect of any other section or part of a section of this Resolution shall not t_hereby be affected or impaired unless it clearly appears that such other section or par= of a section of this Resolution is wholly or necessarily dependent upon the section or part of a section so held to be invalid or I shall be held by any COUrt of competent jurisdiction unconstitutional. S~CTION4. g~/J~g~T~: This Resolution shall prevail over all other Resolutions which are in conflict with :his Resolution. If any clause, section or other part or application of this Resolution to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and in no way affecting the validity of the remaining portions or applications remaining in full force and effect. ~~ EFFECTIV~DaTE: immediately upon its adoption. The foregoing Resolution Councilmember by Councilmember . a vote, the vote was as follows: This Resolution shall take effect moved for adoption by . The motion was seconded and, upon being put to Mayor Arthur L. Fir~ion Vice Mayor Carolyn Corum Counollmember Norma J. Damp Councilmember Ray Halloran ¢ouncilmem~er Louise R. Cat,wright The Mayor thereupon declared this Resolution duly passed adopted this day of , 1995. CITY OF SEBASTIAN, FLORIDA and ATTEST: Kathryn M. O'Halloran, CHC~AAE (Seal) Approved as to Form and Content: By: Arthur L. Firtion, Mayor 3 Clifton A. McClellafid, Jr. city Attorney I City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: AWARD TELEPHONE BID FOR THE CITY OF SEBASTIAN Approval for Submittal By: City Manager Dept. Origin: Community Development (BC) Date Submitted: 5/16/95 For Agenda Of: 5/24/.95 Exhibits: 1. Bid Specifications 2. Addendum to Bid Specifications 3. Bid Descriptions 4. Bid Tabulation 5. Bid Clarifications EXPENDITURE REQUIRED: $33,784.45 AMOUNT BUDGETED: $59,550.00 APPROPRIATION REQUIRED: SUMMARY STATEMENT History: The City currently has a Horizon telephone system (dinosaur) which is obsolete and has no capacity for expansion. The City system currently experiences the following frequent problems: 1) the inability to obtain outside lines, 2) cannot transfer phone calls, 3) citizens obtain a busy signal in various departments. With the above referenced major problems and the lack of current technology and features, staff prepared a bid specification with the help of experienced technicians in the industry. After advertising the bid package, staff conducted a pre-bid meeting with all proposed vendors to review and clarify any portions of our specifications. Subsequently, staff prepared an addendum (#1) to~ Cover Agenda Sheet Telephone Bid Page Two bid specifications and extended the deadline for submittals to April 24, 1995. This time frame was extended in order to provide all vendors sufficient time to properly bid on this project. This meeting was very helpful for both parties and the addendum insured that all bidders were on the same wave length. Bid Specifications: Please refer to the existing conditions as outlined by staff to indicate the extensions, phone lines, etc.. It was determined that the best approach was to eliminate the switchboard (not the individual) and provide individual phone lines to each department that currently do not have them. A certain amount of phone lines would then be pooled (shared) between various departments for incoming and out-going calls. Incoming calls on a line that is busy would then roll over to the next open line available in the pool. The same concept would work for obtaining an outside line. The main 589-5330 will still be utilized as an informational line for the public when they have no knowledge of the other departments and their various phone numbers. All other existing phone numbers should be utilized. The following are brief explanations of the base bid and add/alternates: Base Bid - Includes all the specifications along with the addendum except the add/alternates. ~d/Alternates - #1. The base bid required the system to have voice-mail capabilities. This add/alternate includes the integrated voice- mail system with two ports and a minimum of 1 hour memory. #2. This would require the base bid system to have PBX capabilities in order to pool the roll over lines. #3. The additional expense to track long distance phone calls. If any Council member has any additional questions or concerns regarding the specifications, please do not hesitate to give us a call prior to the meeting. Bid Opening: On April 24, 1995, at 2:00 p.m. I held the bid opening with the tabulations depicted in Exhibit A. Staff recommends that the City purchase the Bell South system with the add/alternate #1 and #2. Staff must point out that although the total price for add/alternate #1 and #2 for Bell South is $1,331.75 less than Mactel, and Bell South and Mactel have met the minimum specifications, the following should be with the difference systems: Cover Agenda Sheet Telephone Bid Page Three A. Although the two ports with approximately 2 hours of memory for voice-mail by Bell South is sufficient, Mactel has provided a system under the base bid for four ports and 10 hours of memory. Bell South would require an additional $5,687 to expand the voice-mail system to a four port capacity. B. The Bell South system has an additional capacity of 5 lines whereas Mactel would require the addition of a card to expand their proposed lines which would cost $1,161.00. Therefore, if you take the quotes (with clarifications) from add/ alternates #1 and #2 plus the above variations, the following could be presumed: BELL SOUTH MACTEL Add/Alternate #1 Add/Alternate #2 Voice mail - 4 Ports Additional Lines $6,109.20 $27,675.25 $5,687.00 $39,471.45 $5,698.00 $29,418.20 -0- $36,277.20 Staff recommends that the bid be awarded to Bell South based on the following: Lowest bid based on bid specifications. Phone equipment is superior in quality. Bell South's longevity in business. RECOMMENDED ACTION Move to approve and award the phone bid to Bell South in the amount of $33,784.45 subject to all bid specifications to be included in this price. PHONE SYSTEM SPECIFICATIONS FOR CITY COMPLEX March 16, 1995 TABLE OF CONTENTS Notice of Invitation to Bid Proposal Form Public Entity Crimes Form and Drug-Free Workplace Form Phone System Specifications Organizational Chart Existing Conditions Satellite Locations Location Maps 1 2 - 3 4 - 7 8 - 13 14 15 - 17 18 - 2O 21 - 22 NOTICE OF INVITATION TO BiD SEALED BIDS FOR A FIXED PR.ICE TO FURNISH AND INSTALL A NETWORK PHONE SYSTEM ALONG WITH APPROPRIATE HARDWARE, SOFTWARE, WIRING, DEVICES, PHONES, JACKS AND ANY OTHER MATERIAL NECESSARY AT THE CITY COMPLEX WILL BE ACCEPTED IN THE OFFICE OF THE CITY CLERK, CITY OF SEBASTIAN, 1225 MAIN STREET, SEBASTIAN FL 32958, UNTIL 2:00 P.M. ON TUESDAY, APRIL 11, 1995. BiD ENVELOPES ARE TO BE MARKED AS FOLLOWS: PHONE SYSTEM THE CITY OF SEBASTIAN IS SOLICITING BIDS TO FURNISH AND INSTALL A NETWORK PHONE SYSTEM ALONG WITH APPROPRIATE HARDWARE, SOFTWARE, WIRING, DEVICES, PHONES, JACKS AND ANY OTHER MATERIAL NECESSARY FOR THE CITY COMPLEX LOCATED AT 1225 MAiN STREET AS NOTED IN THE SPECIFICATIONS. PROSPECTIVE BIDDERS MUST CONTACT THE CITY CLERK'S OFFICE IN PERSON, BY MAIL AT THE ABOVE ADDRESS, OR BY TELEPHONE (407- 589-5330) FOR BIDDING DOCUMENTS AND SPECIFICATIONS. PROSPECTIVE BIDDERS ARE ENCOURAGED TO MAKE A FIELD INVESTIGATION OF THE PREMISES PRIOR TO SUBMITTING THEIR BIDS. MINORITY FIRMS ARE ENCOURAGED TO APPLY. QUESTIONS OR CONCERNS SHOULD BE ADDRESSED TO THE CITY OF SEBASTIAN, BUILDING OFFICIAL, BRUCE COOPER. THERE WILL BE A PRE-BID CONFERENCE TO ADDRESS ANY QUESTIONS ON FRIDAY, MARCH 24, 1995, AT 10:00 A.M. IN THE CITY MANAGER'S CONFERENCE ROOM. BIDS WILL BE PUBLICLY OPENED AND READ ALOUD AT 2:00 P.M. ON TUESDAY, APRIL 11, 1995 IN THE CITY MANAGER'S CONFERENCE ROOM. THE CITY RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS. BY: KATHRYN M. O'HALLORAN CITY CLERK CITY OF SEBASTIAN PUBLISH: VERO BEACH PRESS JOURNAL SATURDAY, MARCH 18, 1995 DATE: TO: RE: City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 s FAX (407) 589-5570 Proposal Form MARCH 16, 1995 PROSPECTIVE BIDDERS BID - PHONE SYSTEM Please use this form to respond to the subject bid request. Submit your bid in a sealed envelope marked as follows: PHONE SYSTEM Your response must be submitted to the City Clerk's Office at Sebastian City Hall, 1225 Main Street, Sebastian, FL 32958, no later than 2:00 p.m. on Tuesday, April 11, 1995. Contractor will furnish all labor, supervision, materials, tools, equipment, permits, licenses, and proof of public liability insurance in order to complete the required installation in accordance with the attached specifications. Having carefully examined the "Phone System Specifications for City Complex" dated March 16, 1995, as well as the premises and the conditions affecting the work, the undersigned proposes to furnish materials and labor for the entire work in accordance with said documents as follows: Base Bid: Furnish and install a network phone system along with appropriate hardware, software, wiring, devices, phones, jacks and any other material necessary as described in the Phone System Specifications dated March 16, 1995. Total Bid $ Itemized costs for the following must also be attached: Three types of phones as outlined on page 8. Operational costs anticipated for the system based on a monthly billing cycle as outlined on page 13. Add/alternate Bid No. 1.: Phone System Base Bid, noted above, along with an integrated voice mail system, as described in the specifications. Total Bid $ Provided that the minimum requirements can be met, other alterna'te bids are welcome and should be attached to this form. PUBLIC ENTITY CRIMES and DRUG FREE WORKPLACE FORMS: Bidders shall complete the attached sworn statement under Section 287.122 (3) (A), Florida Statutes, on Public Entity Crimes and the Drug Free Workplace Form and return with the bid. See pages 4 through 7. SCHEDULE: if notified of the acceptance of this proposal within 30 days of the time set for the opening of the bids, contractor agrees to execute a contract for the above work for the above stated compensation. Contract form and content to be approved by the City of Sebastian. Commitment to complete within given notice to proceed. calendar days after EXCEPTIONS/CLARIFICATIONS: Please note any exceptions, clarifications, and/or proposed alternates on separate sheet (s) of your letterhead and attach to this form. Proposer Name: Title: Company: Address: Telephone: Attachments: YES Signature of Proposer: NO Date PUBLIC ENTITY CRIMES Any person submitting a quote, bid, or proposal in response to this invitation or a contract, must execute the enclosed form PUR. 7069, sworn statement under section 287.133(3) (a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES, including proper check(s), in the space(s) provided, and enclose it with his quote, bid, or proposal. If you are submitting a quote, bid or proposal on behalf of dealers or suppliers who will ship commodities and receive payment from the resulting contract, it is your responsibility to see that copy(ies) of the form are executed by them and are included with your quote, bid, or proposal. Corrections to the form will not be allowed after the quote, bid, or proposal opening time and date. Failure to complete this form in every detail and submit it with your quote, bid, or proposal may result in immediate disqualification of your bid or proposal. The 1989 Florida Legislature passed Senate Bill 458 creating Sections 287.132 - 133, Florida Statutes, effective July 1, 1989. Section 287.132(3)(d), Florida Statutes, requires the Florida Department of General Services to maintain and make available to other political entities a "convicted vendor" list consisting of persons and affiliates who are disqualified from public contracting and purchasing process because they have been found guilty of a public entity crime. A public entity crime is described by Section 287.133, Florida Statutes, as a violation of any State or Federal law by a person with respect to and directly related to the transaction of business with any public entity in Florida or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or with an agency or political subdivision and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. By law no public entity shall accept any bid from, award any contract to, or transact any business in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two (currently $10,000) with any person or affiliate on the convicted vendor list for a period of 36 months from the date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed from the list pursuant to Section 287.133(3) (f), Florida Statutes. Therefore, effective October 1, 1990, prior to entering into a contract (formal contract or purchase order) in excess of the threshold amount of $10,000 to provide goods or services to T~ CITY OF SEBASTIAn, a person shall file a sworn statement with the contracting officer or Purchasing Director, as applicable. The attached statement or affidavit will be the form to be utilized and must be properly signed in the presence of a notary public or other officer authorized to administer oaths and properly executed. THE INCLUSION OF T~E SWORN STATEMENT OR AFFIDAVIT SH~LL BE SUBMITTED CONCURRENTLY WITH YOUR OUOTE OR BID DOCUMENTS. NON-INCLUSION OF_--T_HIS DOCUMENT MAY NECESSITATE REJECTION OF YOUR OUOTE OR BID. 4 SWORN STATEMENT UNDER SECTION 287. 133(3)(a), FLQRIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM IvIUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. This sworn statement is submitted with Bid, Proposal or Contract with the City of Sebastian, Florida dated for Residential Refus~ Collection Service. 2. This sworn statement is submitted by [name of empty ~nabmittlng r#orn statementl Whos~ business address is and (if applicable)'its Federal Employer Identification Number (FEIN) is CIf the entity has no FERq, include the Social Security Number of the individual signing this sworn statement: .) My name is named above is [please print name of individual fi~fingJ and my relationship to the entity t understand the a 'public entity crime' as defined in Paragraph 287.133(l)(g), Florida Statutes, means a violation of any stat~ or fedunxl law by a person with re. spect to and dlredtly related to the transm:tiou of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or servie~ to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentatiom I understand thnt 'convicted' or 'conviction' as defined in Paragraph 287.133(I)(b), ~ means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of r~:ord mlatlng to charges brought by indictment or information af~,r July l, 1989, as a result of a jury vundict, nonjury trial, or entry of a plea of guilty or nolo contamder~. 6. I understand that an 'affiliate' as defined in Paragraph 287.133(1)(a). Florida S_tatutesLmeaas: i. A predecessor or successor of a person convicted of a public entity crime: or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term 'affiliate' includes those officers directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person,, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie c~se that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the pre~ing 36 months sbatll be considered an affiliate. I understand that a '~n' as defined ir, Paragraph 287.133(1)(e) Flo.rj.d~ Statute~Lmeans any natural person or entity organized under the laws of any state or of the United 5tares with the legal power to e~ater APPENDIX5 ~ ~ into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. Based on information and belief, the statement which I have rmarked below is true in relation to the entity submitting this sworn statement. [Please indicate which statement applies.] __ Neither the entity submitting this sworn statement, nor ~y officers, directors, executives, pan'nets, shareholders, employce.% members, or agents who are active in mrmagement of the entity, nor may alT-diate of the entity have been charged with ~nd convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this s'wom statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, ot an affiliate of the entity has been charged with ~nd convicted of a public entity crime subsequent to ]uly I, 1989, AND [Please indicate which additional statement applies.] Ther~ has bcen a Proe_~ed_ ing non.ming the conviction before a hearing officer of the state of Florida, Division of Administrative Hearings. The find order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. [plemse attach n copy of the firud order.] The person or affiliate wy placed on the convicted vendor list. There h~ been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing off~cer determined that it wy in the public interest to remove the person or affiliate from the convicted vendor list. [Please attach a copy of the final order.] The person or affiliate has not bceu placed on the convicted bendor list. [Please describe any adio~ taken by or pending with the Depa~i,,ient of General Services.] Date: [sigaamre] STATE OF COUNTY OF PERSONALLY APPEARED BEFOR.~ ME, the undersigmed authority, who, after first being sworn by me, affixed his/her siffmature [name of individual sighting] in the space provided above on this day of , 1992. NOTARY PUBLIC (mmission expires: DRUG-FREE WORKPLACE FORM The undersigned Contractor, in accordance with Florida Statute 287.087 hereby certifies that does: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug- free workplace, any available drug counseling, rehabilitation, employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in Paragraph 1. In the statement specified in Paragraph 1, notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to any violation of Chapter 1893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. Impose a sanction on, participation in a rehabilitation program employee's community, convicted. or require the satisfactory drug abuse assistance or if such is available in the by any employee who is so Make a good faith effort to continue to maintain a drug- free workplace through implementation of Paragraph 1 through 5. As the person authorized to sign this statement, I certify that this firm complies fully with the above requirements. Date: Bidder's Signature PART 1 - GENERAL 1.01 SUMMARY A. PHONE SYSTEM FOR CITY FACILITIES work Included: Furnish and install a network phone system along with appropriate hardware, software, wiring, devices, phones, jacks and any other material necessary. City facilities at locations A through E identified on the attached map (page 21) are to have a common phone system which must allow for pre-programed dialing to other city locations or frequently used numbers. System must provide for intercom, and transfer ability for incoming calls among locations A through E. The summary of existing conditions for all City facilities is included on pages 15 through 20. B. Requirements: 1. Phone line capacity Proposed system must have immediate capacity of 40 phone lines with future expansion to 60 phone lines. Immediate need for 31 phone lines as outlined on the attached organizational chart (page 14). Capability of utilizing an integrated voice mail system. 3. System to accommodate 'three types of phones. a. The basic phone for low usage areas. The intermediate phone for frequent use areas. The communication center phone for a centralized answering position within each department. Vendor should itemize the cost of each type phone and list its specific features. The accompanying attachments outline the existing phones in the City buildings. Vendor to recommend appropriate phone selections for each department. 8 1.02 1.03 1.04 Add/alternate bid to include integrated voice mail system utilizing two (2) ports with four (4) port expansion capability. Contractor to identify memory storage and programming capabilities. Provided that the minimum requiremen~s can be met, bidder is encouraged to submit other alternate bids. SUBMITTALS Contractor shall submit specifications and schematics for the system, including all hardware and software. Details shall be included for all features plus any optional features which are also available. information shall be provided regarding the ability to expand any proponent of the phone system, as necessary, to include additional extensions, lines and satellite locations. Contractor must submit total expansion capabilities for the new system, i.e., direct lines, extensions, etc. Following 'the bid opening, vendor may be asked to offer a verbal presentation of their system to staff and address any questions or concerns. QUALITY ASSURANCE A. Provide years in service with the proposed system. B. Provide availability of local service. C. Provide maintenance response time in minutes. D. Provide a list of existing companies utilizing the proposed phone system. WARRANTIES The contractor shall provide detailed information regarding product and service warranties in relation to their proposed phone system. Proof of public liability insurance shall also be provided. Provide specific warranty information regarding lightning protection.9 ~ 1.05 INSPECTIONS A. All bidders are encouraged to inspect the existing phone system at all city facilities prior to submission of bid. PART 2 - PRODUCTS 2.01 MATERIALS ae Network phone system to provide services utilizing current technology. System mus't have the ability to interface with PC's utilizing internal modems, fax and other current technology. Be Battery Backup - No loss of features (memory on system). Minimum of six hours. Bidders must provide a list of system and station features that they recommend and provide a cost breakdown for the different items. At a minimum, bidders must indicate whether or not the following features are available with any of the proposed equipment: YES NO SYSTEM FEATURES A-Lead Indication Attendant Consoles Attendant Dedicated Intercom Attendant Override Automatic Hole Automatic Line Select Automatic Pause Insertion Automatic Privacy Background Music Battery Back-up (Memory) Battery Back-up (System) Call Forward-Preset Central Office Line Class of Service Central Office Groups Central Office Ring Detect Timer Dial Pulse Sending Dial Pulse to Tone Switchover Direct Inward System Access (DISA) DTMF Sending Emergency Transfer Executive/Secretary Transfer Flash On Central Office Lines Hold Preference Intercom Calls 10 NO SYSTEM FEATURES YES YES Lease Cost Rou'ting Loud Bell Control Meet Me Pa~ge Music on Hold Night Service-Ringing On Line Programming Page Access Restriction Paging-External Paging-Internal Pause Timer PBX Dialing Codes Phone Box Pooled Group Button Real Time Clock Recall Timers Remote Programming Single Line Telephone Compatible SMDR/RS-232C Output System Hold System Speed Dial Setting System Time and Date Uniform Call Distribution Universal Night Answer STATION FEATURES Account Codes for SDMR Calling Station Indication Call Back Call Forward-Station Call Park Call Transfer Camp On-Call Wait Central Office Line Access Central Office Line Queuing Central office Ring Assignment Conference-Internal/External Dialing Privileges-Toll Restriction Direct Station Selection Directed Call Pickup Do Not Disturb Exclusive Hold Flexible Button Assignment Group Call Pickup Handset Cords Standard Head Set Compatible Hot Key Pad Intercom Signaling Selector Last Number Redial Loop Button Message Waiting/Reminder Tone Mute 11 YES NO STATION FEATURES On Hook Dialing Off Hook Signaling Preferred Line Answer Private Line Save Number Redial Speakerphone Station Class of Service Station Speed Dial Unsupervised Conference Volume Controls Wall Mounting Kits 2.02 EXISTING SYSTEMS A. Contractor may utilize existing wiring, where feasible, to implement 'the new phone system. Existing phone systems at Police Department Building Location F (AT & T Legend) and Golf · Course Building Location O (Merlin System), are not to be changed. Data provided on these locations is for informational purposes only. PART 3 - EXECUTION 3.01 PERFORMANCE BOND Following notification of acceptance of submitted bid by the City of Sebastian, contractor must provide the city with a performance bond or other acceptable surety bond in the amount of the bid, prior to commencement of work. 3.02 INSTALLATION Contractor must coordinate installation of the network phone system to minimize the disruption of existing services. Vendor must provide training to accommodate complete system. 12 PART 4 - OPERATION AND MAINTENANCE 4.01 OPERATIONAL COSTS AND MAINTENANCE AGREEMENTS Contractor must submit a l.] operational costs anticipated for their system based on a monthly billing. Contracto'r must submit any extended warranties and proposed maintenance agreements. 13 ORGANIZATIONAL CHART Proposed Line Requirements CITY MANAGER 2 Phone lines 1 Rollover line Total 3 CITY CLERK 2 Phone lines 1 SunCom line 1 Fax line 1 Phone modem line 4 Rollover lines Total 9 FINANCE DEPARTMENT 2 Phone lines 2 Phone modem lines 1 Rollover lines Total 5 HUMAN RESOURCES 1 Phone line 0 Rollover line Total 1 PUBLIC WORKS/ENGINEERING COMMUNITY DEVELOPMENT 3 Phone lines 1 Phone modem line 3 Rollover line Total 7 BUILDING MAINTENANCE 1 Phone line 0 Rollover line Total PROPOSED COUNCIL CHAMBERS 1 Phone line 0 Rollover line Total 1 CITY COUNCIL CHAMBERS 1 Phone line 0 Rollover lines Total 1 Phone lines 1 Phone modem line 1 Rollover lines Total SUMMARY OF LINES REQUIRED 14 Phone lines 5 Phone modem lines 1 Fax line 1 SunCom line 10 Rollover lines Total 31 14 EXISTING CONDITIONS BUILDING A - CITY HALL City Clerk's Office Lines: (1) One Main Line (4) Four Roll Over Lines (1) One Fax line (1) One SunCom Line 589-5330 589-5336 589-5417 589-5463 589-5541 589-5570 221-5412 Extensions: Equipment: (8) Eight (1) One Switchboard-70 Button (Horizon System) (4) Four Multi-line (3) Three Standard City Manaqer's Office (Includes Human Resources) Lines: (1) One Private Line private Extensions: (5) Five Equipment: (2) Two Multi-line (2) Two Standard (1) One Standard with Speaker Finance Department Lines: (2) Two Phone Modems Extensions: (7) Seven 388-5141 589-7624 Equipment: (1) One Multi-line (4) Four Standard (2) Two Standard with Speaker Emergency Manaqement Lines: (1) One Direct Line 589-0128 Equipment: (1) One Standard Bid Summary: Not to be included. 15 EXISTING CONDITIONS Future Expansion of Second Floor Future: Unknown Needs Bid Summary: Not to be included. BUILDING B - ENGINEERING PUBLIC WORKS Public Works/Enqineerinq Lines: (1) One Direct Line Extensions: Equipment: (7) Seven (1) One Multi-line (6) Six Standard Cit~ Council Chambers Lines: None Extensions: Equipment: (1) One (1) One Standard 589-5490 BUILDING C - COMMUNITY DEVELOPMENT Community Development Lines: (2) Two Direct Lines (1) One Phone Modem Extensions: (10) Ten Equipment: 589-5518 589-5537 589-2566 (4) Four Multi-line (8) Eight Standard (1) One Standard with Speaker 16 EXISTING CONDITIONS BUILDING D - BUILDING MAINTENANCE Buildinq Maintenance Lines: None Extensions: Equipment: (1) One (1) One Standard BUILDING E - PROPOSED NEW CITY COUNCIL CHAMBERS City Council Chambers Future: (1) One Extension (1) One Standard Phone 17 SATELLITE LOCATIONS (Informational only - not to be included in bid) Police Department (Location F~ - Existing AT & T Legend Lines: (4) Four Direct Lines (3) .Three Private Lines (1) One SunCom Line (1) One 911 Ring Down (1) One Fax Line 589-5233 589-5251 589-6462 589-7182 private 221-5233 589-4600 589-2207 (1) One Phone Modem Line unknown Extensions: (26) Twenty-Six Equipment: (1) One Base Console (6) Six Multi-line (20) Twenty Standard Police Annex (Location G) Lines: (1) One Direct Line Extensions: None Equipment: (1) One Standard 589-7212 Garaqe (Location H) 100 Veterans Memorial Way Lines: (1) One Direct Line (1) One Phone Modem Extensions: None Equipment: (4) Four Standard 18 589-1295 589-6880 SATELLITE LOCATIONS (Informational only - not to be included in bid) Public Works Compound (Location I~ Veterans Memorial Way Lines: (1) One Direct I,ine Extensions: None Equipment: (2) Two Standard 589-5338 Sign ~ (Location J) 1130 Louisiana Avenue Lines: (1) One Direct Line Extensions: None Equipment: (1) One Standard 388-3339 Air_port (Location K) 299 Airport Drive, East Lines: (1) One Direct Line Extensions: None Equipment: (1) One Standard 388-0863 Utilities Department (Location L) 700 Main Street Lines: (2) Two Direct Lines (1) FAX Line Extensions: None Equipment: (3) Three Multi-line (1) One Standard 388-5325 388-5357 388-5536 19 SATELLITE LOCATIONS (Informational only - not to be included in bid) Water Plant (Location M) 170 Filbert Street Lines: (1) One Direct Line Extensions: None Equipment: (1) One Standard 589-0340 Waste Water Plant (Location N) 810 Bailey Drive Lines: (1) One Direct Line Extensions: None Equipment: (1) One Standard 589-1933 Golf Course (Existing Merlin System) 101 Airport Road, East (Location O) Lines: (2) Two Direct Lines (1) One Modem (Credit Card) (1) One Modem (Computer) (1) One Tee-Time (3) Three Roll Over Tee-Time 589-5708 589-6801 unknown unknown 589-6800 unknown Extensions: None Equipment: (6) Six Multi-line Cemetery (Location P) 1921 North Central Avenue Lines: (1) One Direct Line Extensions: None Equipment: (1) One Standard 589-2545 20 2). II II II II II II II I ! I II :. I I! ! LITTLE LLYWUOD ADDENDUM NO. 1 TO PHONE SYSTEM SPECIFICATIONS FOR CITY COMPLEX April 4, 1995 The following changes have been made to the Phone System Specifications for City Complex dated March 16, 1995. These changes are to be incorporated into"the specifications to assist you in the development of your proposal. If you have any additional questions, please feel free to call Bruce Cooper at (407) 589-5537. PART 1 - GENERAL t.01B(1)a. Delete and replace with the following: "Proposed system must have immediate capacity of 40 lines. Indicate future expansion capacity within this system (without additional equipment costs)." 1.01B(3)a. Delete and replace with the following: "The basic single line phone with button access features for low usage areas. CInclude 18 of these phones in the base bid.]" 1.01B(3)b. Delete and replace with the following: "Frequent Use Areas: Multi-line set for frequent use areas. [Include 9 of these phones in the base bid, of which 7 need to be speaker phones.] Multi-line set for frequent use areas to include LCD display." [Show cost increase per phone for this option.]" 1.01B(3)c. Delete and replace with the following: "Centralized Answering Position: The multi-line phone with t0 or more lines for a centralized answering position within each department. [Include 16 of these phones in the base bid, of which 1 needs to be a speaker phone.] The multi-line phone with 10 or more lines for a centralized answering position within each department, to include LCD display and DSS fields. [Show cost increase per phone for these options.] 1 Vendor should itemize the cost of each type phone and list its specific features. Identify whether speaker capability is built in or an add on." 1.0lC Delete and replace with the following: "Add/alternate Bid No. 1 shall be the additional expense to include integrated voice mail system utilizing two (2) ports with four (4) port expansion capability with a total of 60 minute memory capacity. Contractor to identify additional costs to expand to 100 minute memory capacity." 1.01E The following shall be added: "Add/alternate No. 2 shall be a PBX system with capability of pooling the roll over lines." 1.O1F The following shall be added: "Add/alternate No. 3 shall be additional expense to incorporate SMDR/RS-232C to track long distance calls." 1.01G The following shall be added: "Information on lease/purchase options should be provided." 1.04C The following shall be added: "Include specific information on wiring warranty (whether utilizing new or used wiring)." PART 2 - PRODUCTS 2.01B Delete and replace with the following: "Battery Backup - No loss of features (memory on system). Minimum 30 minutes." 2 2.01C Add the following item to the list of System Features: "YES NO ISDN Compatible (If no, please identify additional costs to provide capability.)" PART 3 - EXECUTION 3.02B Delete and replace with the following: "vendor to provide training for approximately 100 employees on basic use of phone. Vendor to provide training for 2 to 5 employees as System Administrators to handle program changes for special features." 3.02C The following shall be added: "Provide surge/lightning protection at each separate building location in conformance with specific standards outlined by the Division of Communications." 3 DATE: TO: RE: City of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [3 FAX (407) 589-5570 Proposal Form APRIL 4, 1995 PROSPECTIVE BIDDERS BID - PHONE SYSTEM Please use this form to respond to the subject bid request. Submit your bid in a sealed envelope marked as follows: PHONE SYSTEM Your response must be submitted to the City Clerk's Office at Sebastian City Hall, 1225 Main Street, Sebastian, FL 32958, no later than 2:00 p.m. on Monday, April 24, 1995. Contractor will furnish all labor, supervision, materials, tools, equipment, permits, licenses, and proof of public liability insurance in order to complete the required installation in accordance with the attached specifications. Having carefully examined the "Phone System Specifications for City Complex" dated March 16, 1995, along with Addendum No. 1 dated April 4, 1995, as well as the premises and the conditions affecting the work, the undersigned proposes to furnish materials and labor for the entire work in accordance with said documents as follows: Base Bid: Furnish and install a network phone system along with appropriate hardware, software, wiring, devices, phones, jacks and any other material necessary as described in the Phone System Specifications dated March 16, 1995 along with Addendum No. 1 dated April 4, 1995. Total Bid $ Itemized costs for the following must also be attached: 2 (Revised) 1. Three types of phones as outlined on page 8. and explained in Addendum No. 1. 2. Operational costs anticipated for the system based on a monthly billing cycle as outlined on page 13. Add/alternate Bid No. 1: The additional expense to include integrated voice mail system as described in the specifications. Total Bid Add/alternate Bid No. 2: The network phone system as outlined for the base bid utilizing a PBX system with capability of pooling the roll over lines. Total Bid $ Add/alternate Bid No. 3: The additional expense to incorporate SMDR/RS-232C to track long distance calls. Total Bid $ Provided that the minimum requirements can be met, other alternate bids are welcome and should be attached to this form. Trade-in value of existing phone system at the City Complex. Total Trade-in Value $ PUBLIC ENTITY CRIMES and DRUG FREE WORKPLACE FORMS: Bidders shall complete the attached sworn statement under Section 287.122 (3) (A), Florida Statutes, on Public Entity Crimes and the Drug Free Workplace Form and return with the bid. See pages 4 through 7. SCHEDULE: If notified of the acceptance of this proposal within 30 days of the time set for the opening of the bids, contractor agrees to execute a contract for the above work for the above stated compensation. Contract form and content to be approved by the City of Sebastian. Commitment to complete within given notice to proceed. calendar days after 2a (Revised) EXCEPTIONS/CLARIFICATIONS: Please note any exceptions, clarifications, and/or proposed alternates on separate sheet (s) of your letterhead and attach to this form. Proposer Name: Company: Address: Telephone: Attachments: YES Signature of Proposer: Title: NO Date 3 (Revised) Bid Descriptions Base Bid: Furnish and install a network phone system along with appropriate hardware, software, wiring, devices, phones, jacks and any other material necessary as described in the Phone System Specifications dated March 16, 1995. along with Addendum No. 1 dated April 4, 1995. Add/alternate Bid No. 1: The additional expense to include integrated voice mail system as described in the specifications. Add/alternate Bid No. 2: The network phone system as outlined for the base bid utilizing a PBX system with capability of pooling the roll over lines. Add/alternate Bid No. 3: The additional expense to incorporate SMDR/RS-232C to track long distance calls. Trade-in value of existing phone system at the City Complex. PHONE SYSTEM FOR CITY COMPLEX BID TABULATION Bids due by April 24, 1995, 2:0(] p.m. Bell South Mactel A T & T Rolm Base Bid (See attached detail) 27,0833.33 29,418.20 35,241.93 37,788.00 Adjustment after clarifications 27,083.33 29,418.20 35,241.93 37,788.00 Add/alternate (See attached detail) Bid 1 8,485.00 7,080.40 44,301.93 9,007.00 Adjustment after clarifications 6,109.20 5,698.00 9,060.00 9,007.00 Add/alternate Bid 2 27,675.25 29,418.20 See (See attached Exceptions detail) 37,788.00 Add/alternate Bid (See attached detail) 3 495.00 included 47,080.93 2,195.00 Adjustment after clarifications 495.00 included 2,779.00 2,195.00 Trade In Value - - - 2,000.00 No other bids were received. CLARIFICATIONS Base Bid Bell South had a typographical error on their submittal sheet. Staff has verified the correct number ~sing the bidder's itemized back-up material, and Bell South agrees with this correction. Add/alternate Bid 1 Bell South assumed that the voice mail system was an option that might be added at a later date. Therefore, they did not discount this item on the submittal sheet. If the voice mail is purchased at the time of the new system, a 28% discount will be allowed. Their bid has been adjusted to reflect this discount. Mactel discovered an error in their calculations for this item. The IDC 8 Port DID Trunk Card ($1,382.40) was listed as part of the basic system price, and added again as part of the voice mail system. Staff has verified this using the bidder's itemized backup material and made the correction as they requested. A T & T added the price of their voice mail system to the base bid price. Staff has adjusted the bid to reflect only the cost of the voice mail system. Add/alternate Bid 3 A T & T added the price to provide a long distance tracking system to their base bid plus voice mail. Staff has adjusted the bid to re£1ect only the cost of the long distance tracking. City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 SUBJECT:Collapsed Road Culvert) Pipe Replacement ) ) ) Approved for Submittal By: C i~yd! ~%ger Agenda No. ~, 0 ~ Dept. Origin Public Works D r. Date Submitted: 05-16-95 For Agenda of 05-24-95 Exhibits: Copy of Drawing and Copy of Commodities Contract EXPENDITURE REQUIRED: $2463.44 AMOI/NT APPROPRIATION BUDGETED: $250,000 REQUIRED: 0 SUMMARY-STATEMENT The City of Sebastian must replace a pipe culvert which has collapsed under Clearbrook Street, approximately 150 feet south of Crystal Mist Avenue. This replacement will require 56 feet of 38" x 60" Reinforced Concrete Pipe (RCP). The pipe will be purchased from Southern Culvert at the Indian River County Commodities Contract price of $43.99 per foot for a total cost of $2463.44. Since this culvert replacement will be more then $2000, it requires City Council approval. RECOMMENDED ACTION Move to approve a bid waiver for the purchase of the pipe from Southern Culvert in the amount of $2463.44. SUBMI-~,'51ON INI-UHM/% I IL~.,I lAN RIVER COL ~Ob6 .jtRCHASING DIVISION iN~ITATION TO BID i~vlTATtON i: TIM[: LOCATION: INDIAN RIVER COUN~ PURCHASING 2625 19TH AVENUE VENDOR INFORMATION VERO ~,.,... '*"~ SOUTHERN CULVERT A DIVISION OF ~"'~ WHEELER CONSOLIDATED INC , 1031 DEGEORGIA ROAD Bu¥~R: FRAN BOYNTON IEM C..L_.4 S S-ITEM DESCRIPTION OUANTITY UNIT UNIT PRIC[~ EX'FENSION 1 3~" X 6O" ~C~ 10 EA. $ 35;1.92 $ 351':).20 2 43" X 68" RCP 10 ~ $ 437.44 $ 4374.40 I I I I I I I I I 2!_IVEnY- }-5 calendar days alter receipt of order. PROMPT PAYMENT DISCOUNT; 2~ 10 Days % Net: 30 days. undersigned hereby cedifies that they have read and understand lhe contents of this solicitation agree to any and furnish at the prices shown ~I of the items above, subiect to all instructions, conditions, specificalions and attachments hereto. Failure to have read all the provisions ~-ohcilat~on shall not be cause to alter any resulting contract or request additional compensation. i~lhorized Signalu~: ~ iPed/Prmled Name: V ice Terry D. Handsel Presiden~ of Sales 47 Company Name: Date: 8-8-9h Telephone Number: SOUTHERN CULVERT A/~S >,,, 800-88~ - ~ ~00 ~ City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA FORM SUBJECT: Use of Community Center Sebastian Jaycees Dance Mania II-Kidney Benefit I l 1 1 1 1 I APPROVED FOR SUBMITTAL BY: ] 1 1 City Manager: ! AGENDA NO. ~J, 0~/ Dept. Origin : City Clerk Date Sub~nitted:__ May 8, 1995__ For Agenda Of: May 24, 1995 Exhibits: Al)plication Dated 4/25/95 EXPENDITURE AMOUNT APPROPRIATION REQUIRED: BUDGETED: REQUIRED: SUMMARY STATEMENT The City of Sebastian has received a request frotn the Sebastian Jaycees requesting permission to use the Community Center on Juue 23, 1995 for a fund raising teen dance and benefit to help with medical bills for a kiduey trausplant for a 12 year old boy. They are also requesting approval to charge au admissiou fee per Section 7 of Resolution No. R-94-50 (copy attached). This fee will be $2.50 per teen or a reduced fee of $4.00 for two teens from the same fa~nily. The required security deposit fee of $250.00 was received when application was submitted and a rental fee of $62.50 will be due before scheduled use. 501C Number 7040 has been issued by the Internal Revenue Service. This event was approved and held on March 24, 1995. RECOMMENDED ACTION Move to review and discuss request and act accordingly. B. Each additional hour - $7.50; and C. Kitchen privileges - $25.00 The Sebastian Property Owners Association is exempt from payment of fees up to a limit of two meetings per month. SECTION 5. NON-RESID~I~T P~%T~S: In the event that the permittee is not a resident of the City of Sebastian, an additional fee of Twenty Five Dollars ($25.00) shall be assessed. S~.CTION 6. NOT-FOR-PROFIT ORGAI~IZATIONS: In the event that the applicant is a school, church, or other tax exempt entity, as defined by the Internal Revenue Service Code, the charges for use of the Sebastian Community Center or the Sebastian Yacht Club shall be one-half (1/2) the regular rate. S~CTION 7. COM/~ERCIAL USE PERMITTED PROHIBITED: Neither the Sebastian Community Center nor the Sebastian Yacht Club may be used for any commercial activity. Such facilities shall not be used for any profit making activity except by a religious, political, charitable, not-for-profit, or tax exempt entity. Any admission fee, entrance fee, cover charge, food or beverage charge, or any other fee, charge, or donation associated with the use of the Yacht Club or Community Center must be approved by action of the City Council. SECTION 8. CITY COUNCIL CF~%MBERS: No organization or group may use the city Council Chambers for the purpose of conducting a meeting or any other use unless such organization or group is an agency, board, committee, organization or unit of local, state or federal government, or a public official who is conducting official business. The city Council Chambers shall be used exclusively for the purpose of conducting governmental business by the City, its CITY OF SEBASTIAN "i[(!, ,t' RENTAL PERMIT APPLICATION ·~-F · '-% --~ .~. · ...~.:~. --'7--7'., CENTER [ ] YACHT CLUB ,:~3eCq C.-e___ ~-(5 '~Reason ,or~qame of Org=~z=aon~,t~ >°r Group if Apphcable:j _ ~[..' '~'~5 'SL~' C,~.~ 5 / Please ~awer YES or NO: Telephone No.: 5~q- q ]~"7/'- - ! l) Are kitchen facilities required? 2) Are you a resident of Sebastian? 3) Will decorations be put up? 4) Will there be an admission or door charge? 5) Will alcohohc beverages be served? (a) If c~nswer to #5 is Yes, Permittee's Proof of Age: (b) If alcohol is to be served, permission is required blt City Council. Your request will be presented to Council on [ecurity Deposit $ i~..._~' (_~'*) Rentals ra.k.e. Checks Payczble to: CITY OF SEBASTIAN SPECIAL NOTE: A serTice fee of 5% or $20.00 (whichever is greater) may be charged for any &.~,~ ~ [Ac~F.dish°n°redc''',~.¢_~'' DC;~' check~ _. P~./)~per Hoodoos, ~.~>~State. Statute. ~' 166.25[1 :~ l.p&~ '~ D~'C~~''' ~' .3~ FFICE USE ~ v ONLY Security Deposit Prod On ./~'~_.¢-~ .~'~' / ¢ ? 5~' / :/Date / Cosh Sental Fee Paid On D~te C~sh / cohoi~ge R~est h~ at ~e ~c~ ~~ Mee~g o~ Key ~ckup D~te ~ecun~ Deposit Ret~ed By CiW ~eck No. ~o~ents: Check Check Key Return Date in the amount of Initials fmtials .APPROVED/DENIED on City of Sebastian 1225 MAiN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA FORM SUBJECT: [ AGENDA NO. Use of Riverview Park by ] Craft Club of Sebastian ] ) rY !I, ]Dept. Origiu : City Clerk ~'~' I Date Submitted:__May 16, 1995__ APPROVED FOR SUBMITTAL BY: ] . I For Agenda Of: May 24, 1995 I I EXPENDITURE AMOUNT APPROP~II-XTIO~I REQUIRED: BUDGETED: . REQUIRED: SUMMARY STATEMENT The City of Sebastiau has received a request from Joan Wat, ers, Secretary of the Craft Club of Sebastian requesting permissiou to use Rive~wiew Park for their craft shows on the following dates: October 7, 1995 (rain date Oct. 8) January 6, 1996 (rain date Jan. 7) November 4, 1995 (rain date Nov. 5) February 3, 1996 (rain date Feb. 4) December 2, 1995 & December 3, 1995 March 2, 1996 ( rain date Mar. 3) Historically, requests for the craft shows have been apl)roved by Council since 1988. RECOMMENDED ACTION Approve the above request with standard conditions. CRAFT CLUB OF SEBASTIAN P.O. BOX 781776 SEBASTIAN, FLORIDA 32958 City of Sebastian 1225 Main Street Sebastian, Flordia 32958 Attention: Mayor Firtion & Council Members Dear Mayor Firtion and Council Members: We hereby respectfully request permission to use Riverview Park for our craft shows on the following dates: Saturday, October 7, 1995 with rain date Sunday October 8, 1995. Saturday, November 4, 1995 with a rain date Sunday November 5, 1995. Saturday, December 2, and Sunday December 3, 1995 with no rain dates. Saturday, January 6, 199& with rain date Sunday January 7, 1995. Saturday, February 3, 1996 with rain date Sunday February 4, 1995. Saturday, March 2, 199~ with rain date Sunday March 3, 1995. For your information, this organization does not require the use of electricity during our shows. We also screen all craft displays for "buy/sell" items and do not permit the sale of same. We have appointed a committee to check all vendors at each show for questionable items. Thanking you in advance for your continuing support of our craft club and awaiting your reply. Joan Waters Secretary Craft Club of Sebastian City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 a FAX (407) 589-5570 SUBJECT: RESOLUTION NO. R-95-24 ADOPTION OF NATIVE TREE LIST Approved For Submittal By: City Manager ~,_ ~/ Agenda Number: ~0~ Dept. Origin: Community Development Date Submitted: 04/10/95 ~ For Agenda Of: Exhibits: R-95-24 04/26/95 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT I On February 22, 1995, City Council adopted Ordinance 0-95-01 pertaining to tree protection in the City of Sebastian. Section 20A-14.12(6) requires at least 50% of all new required trees to be of native species. ITherefore, it will be to list of native necessary adopt, by resolution, a trees for the City of Sebastian. Staff has obtained several versions of a native tree list from various sources. The most extensive list, which was used in Resolution R-95-24, was provided to us by Janice Broda of the Florida Native Plant Society and was compiled by Daniel B. Ward. This is the same native tree list used by Indian River County. RECOMMENDED ACTION I Move to approve Resolution No. R-95-24. RESOLUTION NO. R-95~24 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A LIST OF NATIVE TREES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS, CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Article XiV of the Land Development Code of the City of Sebastian pertaining to tree protection was amended by City Council on February 22, 1995; and WHEREAS, Section 20A-14.12(6) of the tree protection ordinance requires at least 50% of all new trees to be of native species; and WHEREAS, the City of Sebastian wishes to establish a list of trees native to the Sebastian area. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: SECTION 1. The following trees shall be considered native to the Sebastian area: Scientific Name Acacia choriophylla Acacia macracantha Acer floridanum Acer leucoderme Acer negundo Acer rubrum Acer saccharinum Acoelorrhaphe wrightii Common Name Cinnecord Long-spine Acacia Florida Maple Chalk Maple Box Elder Red Maple Silver Maple Paurotis Palm Aesculus pavia Alnus serrulata Alvaradoa amorphoides Amelanchier arborea Amorpha fruticosa Amphitecna latifolia Amyris balsamifera Amyris elemifera Annona glabra Aralia spinosa Ardisia escallonioides Asimina obovata Asimina triloba Ateramnus lucidus Avicennia germinans Baccharis halimifolia Betula nigra Bourreria ovata Bourreria radula Bumelia anomala Bumelia celastrina Bumelia lanuginosa Bumelia lycioides Bumelia tenax Bursera simaruba Byrsonima lucida 2 Red Buckeye Hazel Alder Mexican Alvaradoa Serviceberry Indigo-bush Black Calabash Balsam Torchwood Torchwood Pond Apple Devil's-walkingstick Marlberry Flag Pawpaw Pawpaw Crabwood Black Mangrove Common Saltbush River Birch Bahama Strongback Rough Strongback Alachua Buckthorn Saffron Plum Woolly Buckthorn Buckthorn Tough Buckthorn Gumbo-limbo Locust-berry Calyptranthes pallens Calyptranthes zuzygium Canella winterana Capparis cynophallophora Capparis flexuosa Carica papaya Carpinus caroliniana Carya aquatica Carya cordiformis Carya floridana Carya glabra Carya pallida Carya tomentosa Casasia clusiifolia Castanea alnifolia Castanea ashei Catalpa bignonioides Celtis laevigata Celtis tenuifolia Cephalanthus occidentalis Cercis canadensis Cereus robinii Chamaecyparis thyoides Chionanthus virginicus Chrysobalanus icaco Chrysophyllum oliviforme Spicewood Myrtle-of-the-river Wild Cinnamon Jamaica Caper Limber Caper Papaya Blue Beech Water Hickory Bitternut Hickory Scrub Hickory Pignut Hickory Sand Hickory Mockernut Hickory Seven-year Apple Southern Chinquapin Ashe Chinquapin Catalpa Sugarberry Georgia Hackberry Buttonbush Redbud Key Tree Cactus Atlantic White Cedar Fringe-tree Coco Plum Satinleaf ! i Citharexylum fruticosum Fiddlewood Cliftonia monophylla Buckwheat-tree I Clusia rosea Balsam Apple I Coccoloba diversifolia Pigeon Plum Coccoloba uvifera Sea Grape I Coccothrinax argentata Silver Palm Colubrina arborescens Coffee Colubrina I Colubrina cubensis Cuban Nakedwood I Colubrina elliptica Nakedwood Conocarpus erectus Buttonwood I Cornus alternifolia Pagoda Dogwood Comus asperifolia Rough-leaf Cornell i Cornus florida Flowering Dogwood I Crataegus aestivalis May Haw Crataegus crus-galli Cockspur Haw I Crataegus Parsley marshallii Haw Crataegus michauxii Summer Haw i Crataegus phaenopyrum Washington Haw i Crataegus pulcherrima Smooth Haw Crataegus rufula Rusty Haw I Crataegus spathulata Red Haw Crataegus virdis Green Haw I Crossopetalum rhacoma Rhacoma I Cupania glabra Florida Cupania Cyrilla racemiflora Titi I Diospyros virginiana Persimmon i Dipholis salicifolia Drypetes diversifolia Drypetes lateriflora Duranta repens Erythrina herbacea Eugenia axillaris Eugenia confusa Eugenia foetida Eugenia rhombea Euonymus atropurpureus Exostema caribaeum Exothea paniculata Fagus grandifolia Ficus aurea Ficus citrifolia Forestiera acuminata Eorestiera segregata Fraxinus americana Fraxinus caroliniana Fraxinus pennsylvanica Fraxinus profunda Gleditsia aquatica Gleditsia triacanthos Gordonia lasianthus Gossypium hirsutum Guaiacum sanctum Bustic Milk-bark Guiana Plum Golden-dewdrop Cherokee Bean White Stopper Redberry Stopper Spanish Stopper Red Stopper Wahoo Princewood Butterbough Beech Strangler Fig Wild Banyan Swamp Privet Florida Privet White Ash Pop Ash Green Ash Pumpkin Ash Water Locust Honey Locust Loblolly Bay Wild Cotton Hollywood Lignum-vitae Guettarda elliptica Guettarda scabra Gyminda latifolia Halesia carolina Halesia diptera Hamelia patens Hibiscus tiliaceus Hippomane mancinella Hypelate trifoliata Hypericum chapmanii Ilex ambigua Ilex cassine Ilex decidua Ilex krugiana Ilex longipes Ilex myrtifolia Ilex opaca Ilex verticillata ilex vomitoria Illicium floridanum Jacquinia keyensis Juglans nigra Juniperus silicicola Juniperus virginiana Kalmia latifolia Krugiodendron ferreum Velvet-seed Rough Velvet-seed False Boxwood Carolina Silver-bell Two-wing Silver-bell Fire-bush Mahoe Manchineel Inkwood Sponge-bark Hypericum Sand Holly Dahoon Holly Possum Haw Krug's Holly Georgia Holly Myrtle Holly American Holly Winterberry Yaupon Florida Anise-tree Joe-wood Black Walnut Southern Red Cedar Eastern Red Cedar Mountain Laurel Black Ironwood 6 Laguncularia racemosa Leitneria floridana Licaria triandra Liquidambar styraciflua Liriodendron tulipifera Lyonia ferruginea Lysiloma latisiliqua Magnolia acuminata Magnolia ashei Magnolia grandiflora Magnolia pyramidata Magnolia tripetala Magnolia virginiana Malus angustifolia Manikara bahamensis Mastichodendron foetidissimum Maytenus phyllanthoides Metopium toxiferum Morus rubra Myrcianthes fragrans Myrcianthes simpsonii Myrica cerifera Myrica inodora Myrsine guianensis Nectandra coriacea Nyssa biflora White Mangrove Corkwood Florida Licaria Sweet Gum Tulip-tree Rusty Lyonia Wild Tamarind Yellow Cucumber-tree Ashe Magnolia Southern Magnolia Pyramid Magnolia Umbrella Magnolia Sweetbay Wild Crab Apple Wild Dilly False Mastic Florida Mayten Poisonwood Red Mulberry Twinberry Simpson's Twinberry Wax Myrtle Oderless Bayberry Myrsine Lancewood Swamp Tupelo 7 Nyssa ogeche Nyssa sylvatica Nyssa uniflora Osmanthus americanus Osmanthus megacarpus Ostrya virginiana Oxydendrum arboreum Persea borbonia Persea humilis Persea palustris Picramnia pentandra Pinckneya bracteata Pinus clausa Pinus echinata Pinus elliottii Pinus glabra Pinus palustris Pinus serotina Pinus taeda Piscidia piscipula Pisonia discolor Pisonia rotundata Pithecellobium keyense Pithecellobium unguis-cati Planera aquatica Platanus occidentalis Ogeechee Lime Black Tupelo Water Tupelo Wild Olive Scrub Wild Olive Ironwood Sourwood Red Bay Silk Bay Swamp Bay Bitterbush Fever-tree Sand Pine Shortleaf Pine Slash Pine Spruce Pine Longleaf Pine Pond Pine Loblolly Pine Fish-fuddle Blolly Pisonia Black-bead Cat's-claw Water Elm Sycamore Populus deltoides Populus heterophylla Prunus americana Prunus angustifolia Prunus caroliniana Prunus myrtifolia Prunus serotina Prunus umbellata Pseudophoenix sargentii Ptelea trifoliata Quercus alba Quercus arkansana Quercus austrina Quercus chapmanii Quercus falcata Quercus geminata Quercus hemisphaerica Quercus incana Quercus inopina Ashe Quercus laevis Quercus laurifolia Quercus lyrata Quercus margaretta Quercus marilandica Quercus michauxii Quercus muehlenbergii Eastern Cottonwood Swamp Cottonwood Wild Plum Chickasaw Plum Cherry Laurel West Indian Cherry Laurel Black Cherry Hog Plum Buccaneer Palm Wafer Ash White Oak Arkansas Oak Bluff Oak Chapman Oak Southern Red Oak Sand Live Oak Laurel Oak Bluejack Oak Archbold Oak Turkey Oak Swamp Laurel Oak Overcup Oak Sand Post Oak Blackjack Oak Swamp Chestnut Oak Chinquapin Oak 9 Quercus myrtifolia Quercus nigra Quercus pagoda Quercus phellos Quercus shumardii Quercus stellata Quercus velutina Quercus virginiana Reynosia septentrionalis Rhamnus caroliniana Rhizophora mangle Rhus copallinum Rhus glabra Rhus vernix Roystonea elata Sabal palmetto Salix caroliniana Salix floridana Salix nigra Sambucus canadensis Sapindus marginatus Sapindus saponaria Sassafras albidum Savia bahamensis Schaefferia frutescens Schoepfia chrysophylloides 10 Myrtle Oak Water Oak Cherrybark Oak Willow Oak Shumard Oak Post Oak Black Oak Live Oak Darling Plum Carolina Buckthorn Red Mangrove Winged Sumac Smooth Sumac Poison Sumac Florida Royal Palm Cabbage Palm Carolina Willow Florida Willow Black Willow Elderberry Florida Soapberry Tropical Soapberry Sassafras Maidenbush Florida Boxwood Whitewood Serenoa repens Simarouba glauca Solanum donianum Solanum erianthum Staphylea trifolia Stewartia malacodendron Suriana maritima Swietenia mahagoni Symplocos tinctoria Taxodium ascendens Ta×odium distichum Taxus floridana Tetrazygia bicolor Thrinax morrisii Thrinax radiata Tilia caroliniana Tilia heterophylla Torreya taxifolia Trema lamarckiana Trema micrantha Ulmus alata Ulmus americana Ulmus crassifolia Ulmus rubra Vaccinium arboreum Viburnum nudum 11 Saw Palmetto Paradise-tree Blodgett's Potato-tree Potato-tree Bladdernut Silky Camellia Bay Cedar Mahogany Sweetleaf Pond Cypress Bald Cypress Florida Yew Florida Tetrazygia Brittle Thatch Palm Florida Thatch Palm Carolina Basswood White Basswood Gopherwood West Indian Trema Florida Trema Winged Elm Florida Elm Cedar Elm Slippery Elm Sparkleberry Possum Blackhaw Viburnum obovatum Viburnum rufidulum Ximenia americana Yucca aloifolia Zanthoxylum clava-herculis Zanthoxylum coriaceum Zanthoxylum fagara Zanthoxylum flavum Blackhaw Rusty Blackhaw Tallow-wood Spanish-dagger Hercules-club Biscayne Prickly Ash Wild Lime Yellowheart SECTION ~. REPEAL: Ail Resolutions or parts of Resolutions in conflict herewith are repealed. SECTION 3. SEVERABILITY: If any section or part of a section of this Resolution is declared invalid or unconstitutional, the validity, force and effect of any other section or part of a section of this Resolution shall not thereby be affected or impaired unless it clearly appears 'that such other section or part of a section of this Resolution is wholly or necessarily dependent upon the section or part of a section so held to be invalid or unconstitutional. SECTION 4. EFFECTIVE DATE: This Resolution shall take effect immediately upon its adoption. SECTION 5. in conflict herewith are, to the extent of such conflict, superseded and repealed. 12 CONFLICTS: Ail Resolutions or parts thereof The foregoing Resolution was moved for adoption by Councilmember . The motion was seconded by Councilmember being put to a vote, the vote was as follows: Mayor Arthur L. Firtion Vice-Mayor Carolyn Corum Councilmember Norma J. Damp Councilmember Louise R. Cartwright Councilmember Raymond W. Halloran and, upon This Resolution was duly passed and adopted by the City Council of the City of Sebastian, Indian River County, Florida, at its regular meeting on the day of , 1995. CITY OF SEBASTIAN, FLORIDA by: Arthur L. Firtion, Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE (Seal) Approved as to Form and Content: Clifton A. McClelland, Jr. City Attorney 13 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA TRANSMITTAL SUBJECT: Swales, Ditches & Culverts Re: Costa Approval For Submittal By: Acting City Manager c~)/z( AGENDA NO. Dept. Origin: City Manager Date Submitted: 5/16/95 For Agenda Of: 5/24/95 Exhibits: None EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: N/A SUMMARY During the regular City Council Meeting of April 26, 1995, a discussion regarding the swale at 499 Concha Drive (Dave Costa residence) resulted in suspending the resolution regarding the City policy for side and rear yard culvert installation by City work crews. The issue of including front yard swale was held in obeyance pending the outcome of a scheduled meeting between the regulating agencies of the State and city staff. The meeting was held as scheduled on Thursday, April 27, 1995, and various jurisdictional issues were resolved. Also, the issue of "when is a swale not a swale and becomes a ditch" was clarified. It is the opinion of staff that the ditch slope (swale) at 499 Concha Drive is not a City responsibility or problem. ~ ~3~ RECOMMENDATION Advise Mr. Costa that if he desires to place culverts in the ditch abutting his property that Ztae~Y ~_.uhmit ire permit application and supporting docments for review and subsequ)aW-~ action by the City and the responsible regulatory agency of the State of Florida. City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA TRANSMITTAL SUBJECT: Stormwater Consulting Engineers Approval For Submittal By: C,ty Manager ~/ff AGENDA NO. Dept. Origin: City Manager Date Submitted: 5/15/95 For Agenda Of: 5/24/95 Exhibits: None EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: N/A SUMMARY The selection committee for the consulting engineer have completed their review and recommended the following firm to City Council. Stormwater Applied Technology & Management, Inc. Craven, Thompson & Associates, Inc. Professional Engineering Consultants, Inc. General En~ineefine Masteller & Moler, Inc W. K. McCully & Associates Williams, Hatfield & Stoner, Inc. The presentations by the (3) frans for the stormwater contract will start at 6:30 p.m., May 24, 1995, and each firm is allotted ten (10) minutes for their presentation, followed by ~ questions. The total time for each from should not exceed twenty (20) minutes. ///5' ~ I Please utilize the attached grading sheets and give them to me at the end of the workshop session. I will total the points and announce the results during the appropriate time during the regular meeting following the workshop. The general engineering presentation and ranking will be conducted on June 14, 1995. RECOMMENDATION Name of Consulting Firm: Date and Time: Rating Done By: Factors to be Rated Knowledge of Specific Local Project Requirements Ability of Personnel Assigned to Project (Capacities, Adequacy of Personnel, Whether Firm is a Certified Minority Business Enterprise; Willingness to Meet Time and Budget Requirements) Proximity of Firm's Office to Sebastian (Location) Performance on Past Projects (Quality of P~st Performance and Includes Recent, Current and Projected Workloads of the Firm and Volume of Work Previously Awarded Each Firm by the City) Knowledge of Permitting Agency Rules for the Project Overall Presentation Score Range ! to 15 1 to 25 ! to 20 ! to !5 ! to 15 ! to 10 Total Points EX~IIB IT "l" City of Sebastian 1225 MAIN STREET ~ SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 t~ FAX (407) 589-5570 AGENDA TRANSMITTAL SUBJECT: Award of Franchise- Residential Refuse Collection Services Approval For Submittal By: City Manager ) ) ) ) ) ) ) ) ) ) ) AGENDA NO. Dept. Origin: City Manager Date Submitted:05/09/95 For Agenda Of: 05/24/95 Exhibits: EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: N/A SUMMARY The following organizations responded to the City advertisement for Residential Refuse Collection Service, to be effective July 1, 1995. NAME Capital Sanitation Tallahassee, FL o Browning - Ferris Industries of Florida, Inc. Ft. Pierce, FL Kimmins Recycling Corp. Tampa, FL (Ft. Pierce, FL) RESIDENTIAL CUSTOMER Monthly Rate $ 6.30 $ 6.90 $ 7.75 4. Hams Sanitation, Inc. $ 10.06 West Melbourne & Vero Beach, FL 5. Treasure Coast Refuse Corp. $ 11.51. Vero Beach, FL The lowest bid response for the three (3) year Franchise for Residential Refuse Collection Service is Capital Sanitation of Tallahassee. However, the following actions are required of the "Contractor" immediately upon the execution of the "Franchise Agreement". (1) Notify the general public and all residential service customers regarding the name of the new contractor, service dates, rate structure and other general information as required by the "Agreement". (Par 8.8) (2) Evidence of insurance coverage. (Par 8.9, c.) (3) Provide a performance bond, cash or security deposit. (Par 8.13) (4) Equipment inventory. (Par 8.16) (5) Location and telephone number of the office located within the City of Sebastian. (Par 8.19) RECOMMENDATION Award to Capital Sanitation the three (3) year Franchise for Residential Refuse Collection Services in the City of Sebastian, subject to the terms and conditions outlined within the "Agreement" and those specific actions previously stated. ORDINANCE NO. 0-95-09 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, GRANTING AN EXCLUSIVE RESIDENTIAL SOLID WASTE COLLECTION FRANCHISE TO Capital Sanitation d,b.a./R & R Corporate Systems, Inc. PROVIDING FOR DEFINITIONS; PROVIDING FOR A FIXED TERM; PROVIDING FOR MANDATORY SERVICE BY CONTRACTOR; PROVIDING FOR A DESCRIPTION OF SERVICES TO BE PERFORMED; PROVIDING FOR RESIDENTIAL COLLECTION; PROVIDING SCHEDULES AND ROUTE REQUIREMENTS; PROVIDING OTHER PROVISIONS; PROVIDING FOR PAYMENT OF FRANCHISE FEE TO CITY; SETTING RATES; PROVIDING FOR FORFEITURE; PROVIDING FOR CONFLICTS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR ATTORNEYS' FEES AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the city Council of the City of Sebastian, Florida, has determined that it is in the best interests of the City to grant a solid waste collection franchise to an independent solid waste collection service; and WHEREAS, the City has, through acceptance of public bid proposals, determined that Capital Sanitation d.b.a./R & R Corporate Systems~ Inc. will provide the required service in the City of Sebastian for the most cost effective price; and WHEREAS, the City Council has determined that the best interests of the citizens of city of Sebastian will be served by granting an exclusive franchise to Capital Sanitation d.b.~,/ R & R Corporate Systems~ Inc. for the purpose of solid waste collection services. NOWt THEREFOREt BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Sectio~ 1 .... GRANTING OF FRANCHISE. Capital Sanitation d.b.a/ R&R Corporate ..~.ystems. Inc~,(the "Contractor") is granted the exclusive right, privilege, and/or franchise to operate upon, over and across the streets, alleys, bridges, and other public thoroughfares of the City of Sebastian (the "City") for the purpose of collecting, removing and disposing of solid waste material from residential customers in the City of Sebastian subject to the terms, conditions and exceptions herein. Section 2. DEFINITIONS. A. City: means the City of Sebastian, Florida. B. City Manager: means the city Manager of the city of Sebastian, Florida or his duly authorized representative. C. Contractor: the word "contractor" refers to ~ Sanitation d.b.a./ R&R Corporate Systems~ /riel D. Cover: means any device, equipment, tarpaulin, chain, rope, wire or line used on vehicles to prevent the contents, or any par of such vehicles'load, from sifting, blowing, leaking, falling or otherwise being discharged, disbursed or escaping from such vehicles. E. Curbside: the word "curbside" is defined as that portion of the street right-of-way paralleling any public thoroughfare between the curb line and abutting property line. If a ditch bisects the property and thoroughfare, the curbside then becomes the roadside of the ditch. F. Disposal: means the discharge, deposit, injection, dumping, burying, spilling, scattering, leaking, storing or placing of any solid waste into or upon any land or water so that such solid waste or any constituent thereof may enter other lands or be emitted into the air, discharged into any waters, including groundwaters, or otherwise enter the environment, except as specifically authorized by the City. 6. Dump: means to throw, discard, place, deposit, dispose or bury any solid waste into or upon any land or water, except as specifically authorized by the City. ~. Garbage: the word "garbage" shall mean every refuse accumulation of animal, fruit or vegetable matter that attends the preparation, use, cooking and dealing in or storage of edibles, which is subject to decay, putrefaction and the generation of noxious or offensive gases or odors, or which, during or after decay, may serve as breeding or feeding material for flies or other germ-carrying insects. I. Garbage Can or Receptacle: the words "garbage can" or "receptacle" shall mean a container of not greater than thirty- five (35) gallon capacity which shall be free of jagged or sharp edges and shall be watertight and of impervious material, provided with tight-fitting cover suitable to protect the contents from flies, insects, rats and other animals, fitted with two handles by which it may be lifted, and which shall not have any inside structure, such as inside bands or reinforcing angles, or anything within that would prevent the free discharge of the contents. Such "receptacle" may also be a waterproof bag liner, which can be safely and securely closed, and which is a type approved by the collector and the city. J. Hazardous Waste: the words "hazardous waste" shall be defined as hazardous under the Resource Conservation and Recovery Act, 42 U.S.C. §1002, as amended, or regulated as toxic under the Toxic Substances Control Act, 15 U.S.C. §2601, as amended, or under regulations promulgated thereunder or defined as hazardous under the Florida Administrative Code Chapter 17-730 or any other applicable state or local law or regulation. K. Litter: means any solid waste identified as garbage, can, bottle, box, container, paper, tobacco product, tire, appliance; mechanical equipment or part, construction or demolition material, tool, machinery, wood, motor vehicle or motor vehicle part, vessel, aircraft, farm machinery or equipment, sludge from a waste treatment facility, water supply treatment plant, or air pollution control facility, or substance in any form resulting from domestic, industrial, commercial, mining agricultural or governmental operations. L. Residential: the word "residential" shall mean and include all "residential customers," consisting of single family homes, multi-family units, individual mobile homes and other living units. Multi-family units and mobile home parks with centralized collection facilities, i.e., dumpsters, etc., and collection containers in excess of three (3) cubic yards are considered commercial service and not covered under this Agreement. M. Residential Improved Real Property: means all improved real property used for either a multifamily residence, or a single family residence, including trailer parks. N. single-Family Residence: means any building or structure designed or constructed for and capable of use as a residence for one family regardless of the type of structure. Such term includes a mobile home or trailer erected on a parcel of property owned and offered for sale under the condominium concept of ownership or on a separate parcel of property not included within the definition of trailer park. O. Solid waste: term which includes the words "solid waste" shall be a general the specific terms garbage, trash, and household junk, but which does industrial or special waste. P. Trash: accumulation of not include hazardous waste, lawn, grass, or shrubbery cuttings, or clippings and dry leaf rakings, palm fronds, small tree branches, (shall not exceed four (4) feet in length and four (4) inches diameter), bushes, or shrubs, green leaf cuttings, coconuts, fruits, or other matter usually created as refuse in the care of lawns and yards. Q. White Goods: means any inoperative and discarded refrigerators, ranges, washers, water heaters, and other similar domestic and commercial appliances. ~ TERM. The term of this franchise shall be for a period of three (3) years from the effective date. ~ MANDATORY SERVICE. Each residential customer within the City shall be provided with solid waste pick-up and removal services. The residential customer may avail themselves of the available service if desired. Industrial waste and special waste accounts shall be serviced only upon the execution of individual agreements between collector and the customer. The collector shall obtain title to conforming solid waste at the time it is collected. Section 5. DESCRIPTION OF SERVICES. 5.1 Contractor shall provide exclusive residential solid waste collection services within the City limits of the City of Sebastian. The contract must include all specified services; no partial or split service will be permitted. The contractor will be responsible for both the billing and collection of solid waste fees and has the right to discontinue services to customers for non-payment. 5.2 It is the responsibility of the contractor to become familiar with and to determine the nature and conditions affecting the collection and disposal of residential solid waste in the city of Sebastian. The contractor is responsible for determining the impact and complying with the Florida Solid Waste Management Act. 5.3 The contractor shall provide at his/her own expense, all labor, insurance,.supervision, machinery and equipment, plant building, trucks and any other tools, equipment, accessories and things necessary to maintain the standard of collections and disposal set forth herein. 5.4 The contractor shall conduct his/her work in such a manner as to avoid damage to adjacent private or public property and shall operate with due care in the vicinity of such utilities, and shall immediately repair or have repaired, at no additional cost to the owner, any breakage or damage caused by its operation. The contractor shall immediately notify the Public Works Director of such damage and shall advise of corrective action taken or to be taken. 5.5 The contractor shall not litter or cause any spoilage to occur upon the premises or the rights-of-way wherein the collection shall occur. The contractor may refuse to collect any solid waste that has not been placed in a garbage can or receptacle as provided herein, and shall provide the proper notification to the property owner specifying corrective action. During hauling, all solid waste shall be contained, tied, or enclosed so that leaking, spilling, and blowing is prevented. In the event of any spillage caused by the contractor, the contractor shall promptly clean up all spillage. 5.6 All solid waste shall be hauled to those sites or facilities maintained by the county, or other approved facilities within Indian River County. 5.7 The additional quantity of refuse generated by the influx of seasonal visitors and residents will not be a justification for the contractor to fail to maintain the required collection schedules, routes and levels of services. 5.8 This Franchise Agreement does not create a mandatory trash collection service for all City residents. ~. RESIDENTIAL COLLECTION SERVICE. 6.1 The contractor shall have the exclusive right to collect and dispose of all solid waste, except infectious waste, hazardous waste, biohazardous waste, biological waste and sludge, from all Residential Customers. Residential Customers consist of single family homes, multi-family units, individual mobile homes and other living units. Multi-family units and Mobile Home Parks with centralized collection facilities, i.e., dumpsters, etc., and collection containers in excess of three considered commercial service and not Agreement. 6.2 (3) cubic yards are covered under this The contractor shall collect solid waste from places of residence within the contract collection area at least two (2) times per week, with collections at least three (3) days apart. In addition to the solid waste collection, yard trash pickups will be made on one specified and published day per week. Ail yard trash must be bundled or in reusable containers. Grass clippings and small branches, etc., must be in biodegradable paper bags or other reusable containers. Yard trash contained in plastic bags will not be picked up. Yard trash must be separated from all other refuse. Household furniture need not be containerized and will be picked up with regular trash collection service. Household appliances will be picked up at no additional charge on a one week on call basis and must be recycled at the appropriate locations. 6.3 Collection shall begin no earlier than 7:00 a.m., and shall cease no later than 6:00 p.m., Monday through Friday. In the case of an emergency, collection may be permitted at times not allowed by this paragraph, provided the contractor has received prior approval from the City Manager or his/her designee, to be later evidenced by a written memorandum confirming the approval. No collection shall occur on Sundays or holidays except in a time of emergency. Special pickups may be requested by customers at additional cost which shall be billed by the contractor. 6.4 Collections of residential waste shall be at curbside or right-of-way. In the event an appropriate location cannot be agreed upon, the City Manager shall designate the location. Any costs associated with identification of contractor's customers is to be borne solely by the contractor. Such identification may be in a form of stickers or other medium affixed to the trash receptacles, etc., or other form of identification but not to exceed 5" X 7" in size. 6.5 The contractor shall be required to pick up all residential refuse which has been properly prepared and stored for collection. All garbage, ashes, and rubbish shall be placed in a garbage can not larger than 35 gallons, or in such other approved receptacle and shall be placed at curbside or at such other single collection points as may be agreed upon by the contractor and the customer. 6.6 The contractor shall make collections with a minimum of noise and disturbance to the householder. Any garbage or trash spilled by the contractor shall be picked up immediately. Garbage cans or receptacles shall be handled carefully by the contractor, shall not be bent or otherwise abused, and shall be thoroughly emptied and then left at the proper point of collection. 6.7 The contractor shall collect trash from normal maintenance of vacant lots that are within the city in the same manner as the collection from residences. It will not be the responsibility of the Contractor to remove trash resulting from clearing property for building purposes. If it is the practice of the area residents to place their yard trash or solid waste in the right-of-way of a vacant lot, that waste shall also be collected in the same manner as the collection from residences. S~. SCHEDULES, ROUTES, STORMS AND HOLIDAYS. 7.1 The contractor shall provide the City with schedules for all collection routes and keep such information current at all times. The City Manager shall approve all collection routes. If any change in the collection routes occurs, then the city shall be immediately notified in writing. The City Manager shall approve all permanent changes in routes or schedules. Upon approval of the routes by the City Manager, the contractor shall publish in a newspaper of general circulation in Indian River County at least seven (7) days prior to the effective date of such route or schedule changes. The cost of publication shall be borne solely l0 by the contractor. In addition the contractor shall be responsible for advertising all route and collection information in a newspaper of general circulation in Indian River County at least twice per year, on or about the 1st of April and the 1st of October of each year, the cost of which is to be borne solely by the contractor. 7.2 In case of a storm or hurricane, the City Manager or his/her designee may grant the contractor reasonable variance from regular schedules and routes. As soon as practicable after such storm, the contractor shall advise the City Manager and the customer of the estimated time required before regular schedules and routes can be resumed. In the case of a storm where it is necessary for the contractor and the City to acquire additional equipment and to hire extra crews to clean the City of debris and refuse resulting from the storm, the contractor shall be required to work with the City in all possible ways for the efficient and rapid cleanup of the City. The contractor shall receive extra compensation above the Contract Agreement for additional labor, overtime, and cost of rental equipment, provided he has first secured prior written authorization from the City Manager or his/her designee. The total cost for such service shall be based on rates jointly agreed to in advance by the city Manager or his/her designee and the contractor, in the event of such storm or hurricane emergency, the City reserves the right to assign route or pick-up priorities as deemed necessary by the City Manager. 7.3 The City agrees to exempt residential collection from the normal collection schedule on the following holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day and Christmas Day. These holidays will be indicated in the initial public notice to customers in a local newspaper of general circulation. The contractor will be excused from trash pickup these days and will not be required to make up the lost pickup day. The Contractor will reduce the customer's monthly bill for any lost pick up days which a customer may suffer. 7.4 The contractor shall have on hand at all times and in good working order such equipment as shall permit the contractor to adequately and efficiently perform its contractual duties. The equipment shall be of the enclosed loader packer type and all equipment shall be kept in good repair, appearance, and in a sanitary and clean condition at all times. ~ OTHER PROVISIONS. 8.1 The contractor shall comply with all applicable City, State and Federal laws as to wages, hours, and all other applicable laws relating to the employment or protection of employees, now and hereafter in effect. 8.2 The contractor is required and hereby agrees by 9Y~ of this Franchise Agreement to pay all employees not less than the federal minimum wage and to abide by other requirements as established by the Congress of the United States in the Fair Labor Standard Act as amended and changed from time to time. 8.3 No person shall be denied employment by the contractor for reasons of race, sex, national origin, creed, age, physical handicap, or religion. 8.4 There will be no changes in rates for the three year term of this contract period, unless city Council consents in writing to such change. Adjustments to rates after the first year will be considered only if there is clear evidence of an increase in the costs of property taxes, disposal charges or fuel charges. ~All changes rates supported by fuel charges will be limited to in charges in a nationally recognized fuel index with 1994 used as a base period. Reductions in costs must be reflected in any rate changes. All petitions for rate changes must be approved in advance by the City Council and evidenced by documents reviewed and approved by the City Manager. All required financial information submitted to the City must conform to generally accepted accounting principals (GAAP) and prepared by an independent certified public accountant. The contractor at its expense must furnish rate information when seeking an increase which has been audited by an independent certified public account. 8.5 The contractor shall pay the City of Sebastian a gross receipts franchise fee, according to the schedule set forth in Section 9 of this Ordinance, and agrees all contractor's records will be available for inspection with reasonable notice and during regular business hours, to support the franchise fee. This franchise fee will be six percent (6%) of the contractor's gross receipts. The approved rate as set forth in Section 10 of the Ordinance shall reflect the total rate to the customer without adjustment for the franchise fee. 8.6 The contractor shall perform a service of high quality and keep the number of legitimate complaints to a minimum. In order that the City may be informed of the quality of service, the contractor agrees to maintain a record of all complaints for inspection by the City. The contractor agrees to furnish a monthly report listing the name and address of each person complaining, the nature of the complaint, and the disposition of each complaint. All complaints whether received in person, by mail or telephone, shall be recorded in triplicate, one (1) copy to go to the City and two (2) copies to be retained by the contractor. Complaints received before 12:00 noon each day shall be serviced by 5:00 P.M. that day. Complaints received after 12:00 noon shall be serviced before 12:00 noon the following calendar day. For each month in which the number of legitimate complaints reaches ten (10) or more for any cause the City shall be entitled to claim liquidated damages of Ten Dollars ($10.00) per complaint. Each complaint shall be considered legitimate unless satisfactory disposition of the complaint is furnished. The decision of the City Manager as to the legitimacy of any complaint shall be considered final. The failure of the contractor to resolve customer complaints without valid cause is considered a material breach of this Franchise Agreement and may subject the contractor to the cancellation of the Agreement. 8.7 Prior to the effective date of this agreement, the contractor shall obtain, at his/her own expense, all permits and licenses required by law or Ordinance and maintain the same in full force and effect. 8.8 Upon the City's acceptance of this Franchise Agreement, the contractor shall notify the general public and all residential service customers that the contractor will be providing exclusive trash pickup services within the City of Sebastian. Contractor shall supply necessary information to begin service to prospective customers, and shall publish the days of pickup, holidays when no service will be provided, general rate structure, and general information to provide a smooth transition from the current service to the new exclusive service. Such notice shall be in a local newspaper of general circulation in Indian River County, twice prior to beginning services, and in two consecutive months after service begins. 8.9 A. The contractor shall furnish to the city evidence of insurance coverage for all insurance required under the provisions of this section of this Agreement immediately upon the execution of this Agreement by the parties. Failure of the contractor to maintain said insurance at any time during the term of this Agreement by the contractor, shall be construed to be a material breach of the Agreement by the contractor. B. The contractor shall provide and maintain during the term of this Agreement such worker's compensation insurance as required by law for all of its employees employed in connection with the performance of the work provided for under this Agreement. C. The contractor agrees to indemnify and save harmless the City from any and all liability, claims, damages, losses, expenses, proceedings and causes of action of every kind and nature arising out of or connected with the performance of his duties provided for under this Agreement. The contractor further agrees to, at its own expense, defend any and all actions, suits or proceedings which may be brought against the City in connection with the performance of its duties under this Agreement and to satisfy, pay and discharge any and all judgments that may be entered against the City in any such action or proceedings. The contractor agrees to provide and maintain at all times during the term of this Agreement, without cost or expense to the City, policies of insurance generally known as "public liability policies," insuring the contractor against any and all claims, demands or causes of action whatsoever for injuries received or damage to property relating to the performance of the duties of the contractor under the terms and provisions of this Agreement. Such policies of insurance shall insure the contractor in an amount not less than Three Hundred Thousand Dollars ($300,000.00) to cover any and all claims connected with any accident or occurrence that may arise or be claimed to have arisen against the contractor. The contractor shall also obtain property damage insurance insuring the contractor in an amount not less than Three Hundred Thousand Dollars ($300,000.00) to cover the claims of any person or persons from a single or specific act that results in alleged damage to property. The contractor agrees to provide and maintain at all times under this Agreement motor vehicle public liability insurance in an amount of not less than Three Hundred Thousand Dollars ($300,000.00) to cover the claims of one person, and~.~e Hundred Thousand Dollars (~,000.00) per incident. Said insurance policies shall provide that the City shall be entitled to thirty (30) days written notice of any changes or cancellations in said policies. A certificate of insurance indicating that the contractor has coverage in accordance with the requirements of this Agreement shall be furnished by the contractor to the City Manager within ten (10) days from the date of execution of this Agreement. 8.10 The company will maintain and operate its residential trash collection service in accordance with the laws of the State of Florida and the rules, regulations, and Franchise Ordinances as are or may be set forth by the Council from time to time. Failure of the contractor to promptly and faithfully keep, perform, and abide by each and all of the terms and conditions of the franchise and rules and regulations as set forth by Council shall constitute a violation of the Franchise Agreement and may be terminated by the City as specified in the Franchise Agreement. 8.11 Access to Company Records. The City shall have access at all reasonable hours to all of the Company's contracts, accounting, financial, statistical, consumer, and service records 17 relating to the operation of the Company and to all other records required to be kept by the Company, and the Company shall file such accounting reports and data with the City when required. 8.12 The contractor may be held in default of the Agreement in the event the contractor: (1) Fails to perform the collections required by this Agreement and appears, to the City Manager, to have abandoned the work, or to be unable to resume performance within forty-eight (48) hours; or (2) Has failed on three (3) or more occasions of three (3) working days duration in any year, to perform the collections required by the Agreement; or (3) Repeatedly neglects, fails, or refuses to comply with any of the material terms of the Agreement, after having received notice of its obligation to so comply. Proceedings under this section are in addition to the remedies described in Section 8.4 for the breach of their respective requirements. To initiate proceedings under this section, the City Manager shall first request the City Council to declare the contractor in default. Within three (3) working days after its receipt of such a request, the City shall give notice to the contractor, its surety, and the City Manager of the location, time, and date within the following seven calendar days of a public hearing at which the contractor may show cause why it should not be declared in default. In the event the contractor fails to show, to the satisfaction of the City, cause why the contractor should not be declared to be in default, the City Council shall make such declaration. In declaring the contractor to have defaulted on the Agreement, the City may also order the contractor to discontinue further performance of work under the contract and transfer the obligation to perform such work from the contractor to the Surety on the contractor's performance bond and take any other action it deems advisable. 8.13 PERFORMANCE BOND. The contractor shall provide a contractor's performance and payment bond in the amount of Two Hundred Fifty Thousand Dollars ($250,000.00) with a surety company acceptable to the City as surety, which bond shall be conditioned that such contractor shall faithfully perform all of the provisions of this Agreement and pay all laborers, mechanics, subcontractors, materialmen, and all persons who shall supply such contractor or subcontractors with provisions and supplies for the performance of this Agreement; and shall perform work or services, or furnish material to any subcontractor, shall have the same right under the provisions of such bond as if such works, services or material was furnished to the original contractor, and shall contain appropriate recitations; (1) that is issued pursuant to this section of this Agreement; and (2) that any condition or limitation in such bond which is in conflict with the conditions and requirements of this ~9 section is void. In lieu of the Performance Bond required herein the contractor may enter into an Agreement with the City, drafted to the satisfaction and approval of the City Attorney and the City Manager, that the contractor shall make a deposit to an escrow account in a bank approved by the City, in cash or in negotiable government securities equal at all times in market value to the face amount of the bonds. Such Agreement shall provide that the cash or negotiable securities may be claimed by the City Manager, under the same circumstances as provided for use of the Performance Bond. The bond or the cash or security deposit shall remain in effect for the initial term of the Agreement, and for the renewal period. 8.14 Upon receipt of a notice that the work has been transferred to the surety with termination of the Agreement, the surety shall take possession of all materials and equipment described in the most recent inventory submitted to the city Manager pursuant to Section 8.16 of the Agreement, for the purpose of completing the work under the Agreement; employ, by contract or otherwise, any person and all persons needed to perform the work; and provide materials and equipment required therefore. Such employment shall not relieve the surety of its obligations under the Agreement and the bond. If there is a transfer to the surety, payments shall be made to the surety or its agent for all work performed under the Agreement subsequent to such transfer, in amounts equal to those that would have been made to the contractor 2O had it performed in the manner and to the extent of the surety's performance and the contractor shall have no claim upon the same. In the event the surety on the contractor's performance bond fails to assume or continue performances within forty-eight (48) hours after its receipt of notice that the work has been transferred to such surety, the contractor shall lease, sublease or otherwise license the City to use all, or whatever portion is desired by the City, of the materials and equipment described on the most recent inventory submitted to the City Manager pursuant to Section 8.16 of the Agreement, for collection purposes for a period of up to six (6) months following the date of the declaration of default by the City Council without requiring the City to execute any other document whatsoever to accomplish such lease, sublease or license and without requiring the City to post any bond, pledge, deposit or other security for such equipment and materials, but upon the condition that the city pay for the equipment and materials actually used for such collection a market rental that is not greater than the monthly lease, in the event such property is leased by the contractor; the periodic installment in the event such property is being acquired under a purchase contract; or the periodic interest and principal, in the event such property is being acquired under a financing arrangement; provided that under no circumstances shall the City be liable during its use of such property for any arrearages, balloon payment, accrued interest, accelerated charges in the event of a default or other extraordinary payment; nor shall the 2! satisfaction thereof be a condition of the city's interim use of such property; provided further that such lease, sublease or license shall be suspended on the date the surety on the contractor's bond or its agent accepts the transfer of work under the Agreement. In the event the City secures the performance of work under the Agreement at a lesser cost than would have been payable to the contractor had the contractor performed the same, the City shall retain such difference; but in the event such cost to the City is greater, the contractor and its surety shall be liable for and pay the amount of such excess to the City. All payments due the contractor at the time of default, less amounts due the City from the contractor; shall be applied by the City against damages suffered and expense incurred by the City by reason of such default; any excess shall be paid to the contractor except as provided in the Agreement. Notwithstanding the provisions of this section, a delay or interruption in the performance of all or any part of the Agreement resulting from changes ordered in the work, from labor disputes, or from other causes beyond the contractor's control, shall not be deemed to be a default and the rights and remedies of the City provided for herein shall be applicable. 8.15 If the contractor fails to be at work at the time specified, persistently disregards laws, ordinances or instructions of the City Manager, or repeatedly fails to provide sufficient reserve workmen and equipment to insure the proper completion of the residential work by 6:00 P.M. each day, or performs the work unsatisfactorily or fails to collect refuse on a regular schedule, or discontinues the prosecution of the work without authorization by the City, or becomes insolvent or declares bankruptcy or commits any act of bankruptcy or insolvency, or allows final judgment rising out of performance of the Agreement to stand against it unsatisfied for a period of ten (10) days, the City will consider such action a breach of Agreement and give notice, in writing by registered mail, to the contractor and its surety of such breach. If the contractor or its surety, within ten (10) days after such notices, does not proceed to take over and complete the work under the orders of the City Manager, then the city Manager, because of the breach of Agreement, shall have full power and authority, without violating the Agreement or bond to take over the completion of said Agreement according to the terms and provisions thereof, or to use such other methods as in his opinion may be required for the completion of said Agreement in an acceptable manner. Furthermore, after the issuance by the city of its notice of intention to terminate the Agreement, the contractor shall not remove from its normal, daily workplace in the city any of the equipment listed on the inventory approved by the city Manager in accordance with Section 8.16 of this Agreement until arrangements to continue the work, by Agreement, by surety, or otherwise, have been completed by the City. For all costs, charges and damages incurred by the City, 23 however, in no event shall the number of vehicles be less than the number of vehicles shown on the inventory provided prior to start of work under this Agreement. The contractor shall maintain a vehicular fleet during the performance of work under this Agreement at least equal to that described in the inventory. The contractor shall describe on an attachment to the required inventory the service yards or contracts to be used in maintaining vehicles and equipment. The contractor shall give notice to the City Manager as to any material changes that might affect the performance of work under this Agreement immediately after becoming aware of the same and shall make suitable remedial arrangements when needed. B. Equipment is to be maintained in a reasonably clean and safe working condition and be painted uniformly according to standards maintained from time to time by the City Manager. Equipment shall contain the name of the contractor and the truck number or code established by the City Manager printed in letters not less than three (3) inches high on each side of the vehicles. A record shall be kept of the vehicle to which each number is assigned. No advertising shall be permitted on the vehicles. Each vehicle used for the collection of solid waste shall have a fully enclosed, metal top and shall be watertight to a depth of not less than (12) inches and shall contain metal sides, and use pneumatic tires. However, the City Manager shall have the authority to waive the requirement of a fully enclosed, metal top in the event of an emergency. As an alternative to a fully enclosed metal top for use in garden trash collection, said vehicle may be equipped with a cover which may be a net with mesh not greater than one and one-half (1 1/2) inches, or tarpaulin, and such cover shall be kept in good mechanical order and used to cover the load in traveling to, from and during the loading operation or when parked if the contents are likely to be scattered if not covered. Vehicles shall not be overloaded so as to scatter solid waste, but when solid waste is scattered from a contractor's vehicle for any reason, it shall be the responsibility of the contractor to immediately pick up such scattered solid waste. Each truck shall be equipped at all times with a shovel and a broom for the collection of spilled refuse. Vehicles are to be washed thoroughly on the inside and sanitized with a suitable disinfectant and deodorant at such times as established by the City Manager from time to time in order to be maintained in a clean and sanitary condition and all vehicles are to be washed on the outside at least weekly. The contractor's vehicles are not to interfere unduly with vehicular or pedestrian traffic and vehicles are not to be left standing on streets and alleys unattended. 8.17 The following acts or omissions shall be considered a breach of the Agreement and for the purpose of computing damages under the provisions of this Section, it is agreed that the City Manager may \~~ ~o~b=ccmc ~ t~ tka. \ contractor, t~e following amounts as liquidated damages. \ Collection of residential solid waste prior to 7:00 A.M. or after 6:00 P.M. Legitimate Complaints - Section 8.6 (Over ten (10) per month). ${~0 each additional legitimate complaint. [See Section 8.6] Failure to clean vehicles and maintain in good working condition. $24.00 each vehicle [See Section 8.16] Failure to keep vehicles closed or covered. $25.00 each vehicle. [See Section 8.16] 5. Loaded vehicles left standing on the street unnecessarily. $25.00 each vehicle. [See Section 8.16] 6. Failure to maintain schedule established and given as a requirement of this Agreement, in writing to the public and the City. $25.00 per violation of route schedule [See Section 7.1] 7. Failure to respond to complaints as required by this agreement. ~ ...... ~ v~. [See Section 8.6] 8.18 No assignment or subletting of all or any portion of the work under this Agreement shall be permitted except with the written approval of the City. The contractor alone, subject to the provisions of its performance bond, shall be held responsible !7 for the full and faithful performance of this Agreement. 8.19 The contractor shall provide, at its own expense, a suitable office located within the City of Sebastian and shall maintain office hours from 8:00 A.M. to 5:00 P.M., Monday through Friday. In addition, the contractor shall designate a representative for emergency and complaint calls during the entire week, excluding the hours 5:00 P.M. Saturday through 8:00 A.M. Monday. ~. PAYMENTS TO CITY. Beginning with the effective date of this Agreement, pursuant to Section 8.5 of this ordinance, the contractor shall pay to the city, within thirty (30) days of each preceding billing period, an amount equal to six percent (6%) of the contractor's gross receipts for the preceding billing period. Failure to remit the required payment to the City shall be cause for termination of this franchise. Section lb RATE. The rates charged by the contractor for the services hereunder shall be fair and reasonable and designed to meet all necessary costs of the service, including a fair, greater return on the net valuation of its properties devoted under efficient and economical management. The company agrees that it shall be subject to all authority now or hereafter possessed by the city or any other regulatory body having competent jurisdiction to affix, adjust, reasonable and compensatory rates. When this franchise takes effect, the company shall have authority to charge and collect, not to exceed the following schedule of rates which shall remain effective until changed or modified as herein provided, to wit: Monthly Garbage Rates: Monthly garbage rates shall be $6.30 per month, per residential customer. Section 11. FORFEITURE. The failure on the part of the grantee to comply in any substantial respect with any of the provisions of this Ordinance, shall be grounds for forfeiture of this grant. Section 12. CONFLICT. All Ordinances or parts of ordinances in conflict herewith are hereby repealed. Section ~3. CODIFICATION. It is the intention of the City Council of the City of Sebastian, Indian River County, Florida, and it is hereby provided that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Sebastian, Florida; that the sections of this Ordinance may be renumbered or relettered to accomplish such intention; and the word "Ordinance" may be changed to "Section," "Article" or other appropriate designations. Section 14. SEVERABILITY. in the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance shall not be affected and it shall be pr'esumed that the City Council of the City of Sebastian did not intend to enact such invalid or 29 DRUG-FREE WORKPLACE FORM The undersigned Contractor, in accordance with Florida Statute 287.087 hereby certifies that does: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug- free workplace, any available drug counseling, rehabilitation, employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in Paragraph 1. j In the statement specified in Paragraph 1, notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to any violation of Chapter 1893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. Impose a sanction on, participation in a rehabilitation program employee's community, convicted. or require the satisfactory drug abuse assistance or if such is available in the by any employee who is so Make a good faith effort to continue to maintain a drug- free workplace through implementation of Paragraph 1 through 5. As the person authorized to sign this statement, I certify that this firm complies fully with the above requirements. Date: Bidder's Signature PUBLIC ENTITY CRIMES Any person submitting a quote, bid, or proposal in response to this invitation or a contract, must execute the enclosed form PUR. 7069, sworn statement under section 287.133(3) (a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES, including proper check(s), in the space(s) provided, and enclose it with his quote, bid, or proposal. If you are submitting a quote, bid or proposal on behalf of dealers or suppliers who will ship commodities and receive payment from the resulting contract, it is your responsibility to see that copy(ies) of the form are executed by them and are included with your quote, bid, or proposal. Corrections to the form will not be allowed after the quote, bid, or proposal opening time and date. Failure to complete this form in every detail and submit it with your quote, bid, or proposal may result in immediate disqualification of your bid or proposal. The 1989 Florida Legislature passed Senate Bill 458 creating Sections 287.132 - 133, Florida Statutes, effective July 1, 1989. Section 287.132(3) (d), Florida Statutes, requires the Florida Department of General Services to maintain and make available to other political entities a "convicted vendor" list consisting of persons and affiliates who are disqualified from public contracting and purchasing process because they have been found guilty of a public entity crime. A public entity crime is described by Section 287.133, Florida Statutes, as a violation of any State or Federal law by a person with respect to and directly related to the transaction of business with any public entity in Florida or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or with an agency or political subdivision and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. By law no public entity shall accept any bid from, award any contract to, or transact any business in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two (currently $10,000) with any person or affiliate on the convicted vendor list for a period of 36 months from the date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed from the list pursuant to Section 287.133(3) (f), Florida Statutes. Therefore, effective October 1, 1990, prior to entering into a contract (formal contract or purchase order) in excess of the threshold amount of $10,000 to provide goods or services to THE CITY OF SEBASTIAN, a person shall file a sworn statement with the contracting officer or Purchasing Director, as applicable. The attached statement or affidavit will be the form to be utilized and must be properly signed in the presence of a notary public or other officer authorized to administer oaths and properly executed. TEE IN.CLUSION OF THE SWORN STATEMENT OR AFFIDAVIT SHALL BE SUBMITTED CONC~URRENTLY ~IT~{ YOUR .QUOTE OR BID DOCUMENTS. NONrINCLUSION OF THIS DOCUMENT MAY NECESSITATE REJECTION OF YOUR OUOTE OR BID. SWORN STATEMENT UNDER SECTION 287.133(3) (a) , FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. This sworn statement is submitted with Bid, Proposal or Contract No. for THE CITY OF SEBASTIAN. This sworn statement is submitted by (name of entity submitting sworn statement) whose business address is and (if applicable) its Federal Employer Identification (FEIN) is (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: .) My name is (please print name of individual signing) and my relationship to the entity named above is I understand that a "public entity crime" as defined in Paragraph 287.133(1) (g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1) (b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. I understand that an "affiliate" as defined in Paragraph 287.133(1) (a), Florida Statu~..~, means: (1) A predecessor or successor of a person convicted of a public entity crime; or (2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. i understand that a "person" as defined in Paragraph 287.133(1) (e), ~lorida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND (Please indicate which additional statement applies.) There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by or pending with the Department of General Services.) Date: (Signature) STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of , 1995 by , (title) on behalf of (name of partnership), a partnership. He/she is personally known to me or has produced as identification and did ( ) did not ( ) take an oath. Name: My Commission Expires: Commission Number: City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570 SUBJECT: FIRST READING OF ORDINANCE 0-95-13 ANNEXATION FOR ALTIER/FLOOD/DANIER PROPERTY Approved For Submittal By: City Manager ~ ~/ Agenda Number: ) ) ) ) ) ) For Agenda Of: ) ) Exhibits: Ordinance ) 1. Ordinance 0-95-13 ) 2. Area Map ) ) / Dept. Origin: Community Development Date Submitted: 05/18/95 (B~'~--~; 05/24/95 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT A petition for a voluntary annexation was submitted by Rene VanDeVoorde, agent for Joseph R. Altier, Joseph M. and Hazel M. Flood, and Lloyd C. and Marian C. Danner. Mr. VanDeVoorde has also submitted applications to amend the land use designation from M-2 (County: multi-family, 10 units per acre) to CG and change the zoning from RM-6 (County: multi-family, 6 units per acre) to CG. At its regular meeting of November 16, 1994, the City Council reviewed these applications and set a public hearing for the proposed land use amendment. At its regular meeting of December 21, 1994, the city Council held a public hearing regarding Ordinance No. 0-94-14, the Comprehensive Land Use Amendment, approved the transmittal of the ordinance to the Department of Community Affairs, and announced the City's intention to hold a second public hearing after receipt of DCA's comments. Comments have now been received from DCA regarding Ordinance 0-94-14, the Comprehensive Land Use Amendment, and staff has tentatively scheduled the second public hearing for June 14, 1995. The City Attorney has drafted Ordinance 0-95-13 regarding the annexation which is presented to City Council at this time for first reading. If so inclined, City Council will then determine the annexation, land use and zoning amendments for final adoption on June 14, 1995. For the benefit of the new Council Members, staff has copied the previous documentation for these applications for their review. Please keep in mind that this is a quasi-judicial matter, and there should be no discussion at the first reading. RECOMMENDED ACTION Move to accept the first reading of Ordinance 0-95-13 and set public hearing for June 14, 1995. O~IN~CE NO. 95-13 TOT~ 4 AC~S, Mo~ ~ ~t_~___ -~ER OF THE CI~ OF FEET SOUTH OF ~_ ~ U.~. 1, BOWERED THE ~ST BY ~E FL C~TERYi pROVIDING FOR FEET NOR~ OF ~E REPE~ OF o~IN~CE~ O~ p~TS OF O~IN~CES IN CONFLICT HEREWI~I PROVIDING FOR .SE~BILI~; ~ PROVIDING EFFECTIVE DATE. ~EREAS, all owners o~ :he parcel of 9roper:Y aescribed herein have petitioned the City of S~bas:ian, Indian River Coun:y, voluntarily a~eX grid parcel o~ lan~; and ~R~S, the Ci:y Co~cil ~inds and deuermines that the land' proposed ~o be annexed is contiguous to :he city an~ will not resul~ in :he creation o~ an~ enclaves; and ~a~g, :he city council finds and determines tha: the land proposed ~o be annexed cons:i:u:es a reamonably compac~ addition to the iucorporated terr~:o~ of :he City of sebamtian; and ~R~S, the City council finds and de~ermin~$ that the a~exa:ion of said parcel o~ property is in :he best ~he City of Sebastian. NOW, THEREFORE, BE IT OP. DAINED BY THECITY COUNCIL OF THE CITY m OF SEBASTIAN, INDIAN RIVER COU1TTY, FLORIDA, as follows: The following described real property m now lying and being in an unincorporated area of Indian Kiver I County, Florida, is hereby annexed into the City of sebastian, Indian River County, Florida, and the boundary lines of said City are hereby redefined Uo include said real property, which is described as follows: That part of Lots 23 and 24 of WAUREGAN SUBDIVISION, lying EaSt of U.S. Highway ~1, West of Fleming Grant Line, described as follows: The Point of Beginning formed by the intersection of the ~asterly right-of-way of U.S. Highway #1 with the common boundary between Lots 2~ and 24 of WAU~EGAN; Thence proceed Northwesterly along the ~asterly right-of- way of U.S. Highway #1 a distance of 159.06 feet; Thence proceed Northeasterly along the line which bisects Lot 23 into North and South halves, a distance of 229.27 feet, more or less, to the intersecting point with the Fleming Grant Line; Thence proceed Southeasterly along said Fleming Grant Line, a distance of 323.91 feet, more or less; Thence proceed Southwesterly along a line which parallels the Southerly boundary of Lot 2~ (Wauregan), a.dis~ance of 266.16 feet, more or less, to the intersectlng point with the Easterly right-oX-way of U.S. Highway Thence proceed Northwesterly along said Easterly right- of-way, a distance of 168.03 feet to the Point of Beginning; Ail in WAUREGAN, Fleming Grant, according to the 'Plat filed in the office of the Clerk of the Circuit Court of Brevard County, Florida, in Plat Book 1, Page 75, and refiled in the office of the Clerk of the Circuit Court of St. Lucie county, Florida, in Plat Book 1, Page 178 and 179; said land now lying and being in Indian River CountY, Florida; being Section 30 Fleming Grant. Ail of Lot 22, lying East of U.S. Highway #1 of WAUPd~GAN SUBDIVISION. The point of beginning formed by the common boundary between Lots 22 and 23, where it intersects with ~he Easterly right-of-way for U.S. ~ighway ~1. Thence run Northwesterly, along said Easterly right-of-way, a distance of 318.12 feet, thence run Northeasterly along the common boundary of Lots 22 and 21, a distance of 168.50 feet, intersecting with the Fleming Grant line; thence run Southeasterly, along Fleming Grant line, a distance of 315.0 feet, thence run Southwesterly along the common boundary of Lots 22 and 23, a distance of 207.05 feet, to the point of beginning. All in WAUREGAN, according to the plat filed in the Office of the Clerk of the Circuit Court of Brevard County, Florida, in Plat Book 1, Page 75; and refiled in the Office of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 1, Pages 178 and 179; said land now lying and being in Indian River County, Florida. That property located in Wauregan Subdivision lying east of U.S. Highway ~1, West of Fleming Grant line, and a part of Lot 23, Wauregan, as follows: The point of beginning being the point of intersection formed by the Easterly right-of-way of U.S. Highway #1 with the Northerly boundary line of Lot 23. From said point of beginning proceed Northeasterly along the Northerly boundary of Lot 23, a distance of 207.03 feet to the intersecting point with Fleming Grant line; thence Southeasterly along said Fleming Grant line, a distance of 157.5 feet; thence proceeding Southwesterly on a line which bisects Lot 23 into North and South halves, a distance of 229.27 feet, more or less, to the intersecting point with the Easterly right-of-way of U.S. Highway #1; thence Northwesterly along said Easterly right-of-way a distance of 159.06 feet to the point of beginning. All located in wauregan Subdivision, lying in Section 30 Fleming Grant, according to Plat filed in the office of the Clerk of the Circuit Court of Brevard county, Florida, in Plat Book 1, Page 7S, and refiled in the Office of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 1, Pages 178 and 179, said land now lying and being in Indian River County, Florida. ~ection 2. FILINg. A certified copy of this ordinance shall be filed with the Clerk of the Circuit Court of Indian River County and with the Florida Department of State. ~ CON~LI~T. Ail ordinances or parts of ordinances in conflict herewith are hereby repealed. ~ SEVIRABILITY. In the event a court of competent Jurisdiction shall hold or determine that any part of this 05-17-95 0i'49PM FROM POTTER, MCCLELLAND TO SEBASTIAN CITY Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and i~ shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and e~fect. ~ EFFECTIVE DATE. This Ordinance shall take effect immediauely upon final passage. PASSED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON FIRST READING, THIS ----- DAY OF , 1995. PASSED AND ADOPTED BY TH~ CITY COUNCIL OF THIS CITY OF SEBASTIAN, FLORIDA, ON SECOND AND FINAL READING, THIS DAY OF · 1995. The foregoing ordinance was Councilmember by Counctlmember into a vote, the vote was as follows: adoption by Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Counctlmember Norma J. Damp Councilmember Ray Halloran Councilmember Louise R. Cartwrigh~ moved for The motion was seconded and, upon being puc 95-17-95 04'49PM FROM POTTER, MCCLELLAND TO SEBASTIAN CITY The Mayor thereupon declared this Ordinance duly passed and adopted this ~ day of , !995. CITY OF SEBASTIAN, FLORIDA By: Arthur L. Fi~ion, Mayor ATTEST: Kachryn M. 0~ail0ran, CMC/~ (SEAL) Approved as to Form and Content: Clifton A. ~CClel~and, Jr. city Attorney City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 s FAX (407) 589-5570 SUBJECT: FIRST READING OF ) ORDINANCE 0-95-14 ZONING AMENDMENT ) FOR ALTIER/FLOOD/DANIER PROPERTY Agenda Number: ~-~ Of ,~///¢~ ~&~, Dept. Origin: ~ Development 05/18/95 L, ~, Approved For Submittal By: City Manager ~'~/' ~'W ) ) ) Date Submitted: ) ) For Agenda Of: ) ) Exhibits: Ordinance ) 1. ordinance 0-95-14 ) 2. Area Map ) ) 05/24/95 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT A petition for a voluntary annexation was submitted by Rene VanDeVoorde, agent for Joseph R. Altier, Joseph M. and Hazel M. Flood, and Lloyd C. and Marian C. Danner. Mr. VanDeVoorde has also submitted applications to amend the land use designation from M-2 (County: multi-family, 10 units per acre) to CG and change the zoning from RM-6 (County: multi-family, 6 units per acre) to CG. At its regular meeting of November 16, 1994, the City Council reviewed these applications and set a public hearing for the proposed land use amendment. At its regular meeting of December 21, 1994, the City Council held a public hearing regarding Ordinance No. 0-94-14, the Comprehensive Land Use Amendment, approved the transmittal of the ordinance to the Department of Community Affairs, and announced the City's intention to hold a second public hearing after receipt of DCA's comments. Comments have now been received from DCA regarding Ordinance 0-94-14, the Comprehensive Land Use Amendment, and staff has tentatively scheduled the second public hearing for June 14, 1995. The City Attorney has drafted Ordinance 0-95-14 regarding the zoning amendment which is presented to City Council at this time for first reading. If so inclined, City Council will then determine the annexation, land use and zoning amendments for final adoption on June 14, 1995. ~~ For the benefit of the new Council Members, staff has copied the previous documentation for these applications for their review. Please keep in mind that this is a quasi-judicial matter, and there should be no discussion at the first reading. RECOMMENDED ACTION Move to accept the first reading of Ordinance 0-95-14 and set public hearing for June 14, 1995. 05-17-95 04'49PM FROM POTTER, MCCLELLAND TO SEBASTIAN CITY O~DZNANCE NO. 95-1% AN ORDINANCE OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO REZONING; REZONING CERTAIN PROPERTY LOCATED IN THE NORTH CENTRAL SECTION OF T~E CITY, COMPRISED OF THREE PARCELS WHICH TOTAL 4 ACRES, MORE OR LESS, LOCATED APPROXIMATELY 95? FEET SOUTH OF THE NORTHERNMOST BORDER OF THE CITY OF SEBASTIAN, BORDERED ON THE WEST BY U.S. 1, BORDERED ON THE EAST BY THE FLEMIN~ ~RANT LINE, AND APPROXIMATELY 288 FEET NOaTH OF THE SEBASTIAN CEMETERY, FROM iNDIAN RIVER COUNTY PM-6 (RESIDENTIAL MULTI-FAMILY, 6 UNITS PER ACRE) TO CG (~ENERAL COMMERCIAL); PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONPLICT HEREWITh; PROVIDING FOR SEVERABILITY; AND PROVIDINGANEFFECTIVEDATE- WHEREAS, the owner of the parcel of property described herein has petitioned the City of Sebastian for an amendment to the zoning Ordinance; and WHEREAS, the City Council has provided notice of =he proposed zoning change and conducted a public hearing to receive citizen input; and WHEREAS, the City Council oX the City of Sebastian, Florida, has considered the criteria identified in Section 20A~11.6(c) of the Land Development Code together with the recommended findings and recommendations of its staff and Planning and Zoning Commission; and WHEREAS, the city Council has made the following findings: A. The proposed use is consistent with the 9oals, objectives and other elements of the Comprehensive Land Use Plan. B. The proposed use is in conformity with the substantive requirements of the City of Sebastian Code of Ordinances, particularly the Land Development Code. 05-17-95 04'49PM FROM POTTER, MCOLELLAND TO SEBASTIAN CITY C. The land use and development conditions affecting this parcel have changed since the effective date of the existing regulations, as the parcel has been annexed into the City. D. The proposed use is compatible with adjacent land E. Adequate public facilities and services exist in the City to serve the proposed use and the demand for such use will not exceed the capaciUy for such services and facilities. F. The proposed change in use will not result in any significant adverse impacts on the natural environment. G. The proposed use will not adversely affect the property values in the area, or the general health, safety and welfare of the City or have an adverse impact on the financial resources of the City. H. The proposed use will result in an orderly and local development pattern. I. The proposed use is in the public interest of the ciUizens of the City of Sebastza · NOW THEREFORE, BZ IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as ~ollows: c~~_~PROPE~TY. The change in zoning classification created by the adoption of this Ordinance shall apply to the ~ollowing described real property: That part of Lots 25 and 24 of WAUREGA~ SUBDIVISION, lying Eas~ of U.S. Highway %1, West of Fleming Grant Line, described as follows: 05-17-95 04'49FM FROM POITER, MCCLELLAND TO SEBASTIAN CITY The Point of Beginning formed by the intersection of the Eazterly right-of-way of U.S. Highway #1 with the common boundary between Lots 23 and 24 of WAUREGAN; Thence proceed Northwesterly along the Easterly right-of- way of U.S. Highway %1 a distance of 159.06 feet; Thence proceed Northeasterly along the line which bisects Lot 23 into North and South halves, a distance of 229.27 feet, more or less, to the intersecting point with the Fleming Grant Line; Thence proceed Southeasterly along said Fleming Grant Line, a distance of 323.91 feet, more or less; Thence proceed Southwesterly along a llne which parallels the Southerly boundary of Lot 24 (Wauregan), a distance of 266.16 feet, more or less, to the intersecting point with the Easterly right-of-way of U.S. Highway #1; Thence proceed Northwesterly along said Easterly right- of-way, a distance of 168.03 feet to the Point of Beginning; Ail in WAUREGAN, Fleming Grant, according to the Plat filed in the Office of the Clerk of the Circuit Court of Brevard County, Florida, in Plat Book 1, Page 75, and refiled in the Office of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 1, Page 178 and 179; said land now lying and being in Indian River County, Florida; being Section 30 Fleming Grant. All of Lot 22, lying East of U.S. Highway #1 of WAUREGAN SUBDIVISION. The point of beginning formed by the common boundary between Lo=s 22 and 23, where it intersects with the Easterly right-of-way for U.S. Highway #1. Thence run Northwesterly, along said Easterly right-of-way, a distance of 318.12 feet, thence run Northeasterly along the common boundary of Lots 22 and 21, a distance of 168.50 feet, intersecting with the Fleming Grant line; thence run Southeasterly, along Fleming Grant line, a distance of 315.0 feet, thence run Southwesterly along the common boundary of Lots 22 and 23, a distance of 207.05 feet, to the point of beginning. All in WAUREGAN, according to the plat filed in the Office of the Clerk of the Circuit Court of Brevard County, Florida, in Plat Book 1, Page 75; and refiled in the Office of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 1, Pages 178 and 179; said land now lying and being in Indian River County, Florida. 05-17-95 04'49PM FROM POTTER, MCCLELLAND TO SEBASTIAN CITY That property located in Wauregan Subdivision lying east of U.S. Highway #1, West of Fleming Grant line, and a part of Lot 23, Wauregan, as follows: The point of beginning being the point of intersection formed by the Easterly right-of-way of U.S. Highway #! with the Northerly boundary line of Lot 23. From said point of beginning proceed Northeasterly along the Northerly boundary of Lot 23, a distance of 207.03 feet to the intersecting point with Fleming Grant line; thence Southeasterly along said Fleming Grant line, a distance of 1S7.$ feet; thence proceeding Southwesterly on a line which bisects Lot 23 into North and South halves, a distance of 229.27 feet, more or less, to the intersecting point with the Zasgerly right-of-way of U.S. Highway ~1; thence Northwesterly along said Easterly right-of~way a distance of 159.06 feet to the point of beginning. All located in Wauregan Subdivision, lying in Section 30 Fleming Grant, according to Plat filed in the office of the Clerk of the Circuit Court of Brevard County, Florida, in Plat Book 1, Page 75, and refiled in the Office of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 1, Pages 178 and 179, said land now lying and being in Indian River County, Florida. ~ DISTRICT. The real property described in this Ordinance is hereby rezoned from Indian River County RM-6 (Residential Multi-family, 6 units per acre) to City Zoning District CG (General Commercial). ~ ZONZN~ MAPS. The official City Zoning Map shall be amended to reflect this change in zoning district. ~ CONFLICT. Ail ordinances or parts of ordinances in conflict herewith are hereby repealed. ~ SZVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any Dart of ~hi~ Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such unconstitutional provision. It shall further be assumed 05-17-95 04'49PM FROM POTTER, I COLELLAND TO SEBASTIAN CITY that the City Council would have enacted the remainder of this Ordinance without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. ~ EFFECTIVE DATE. This Ordinance shall become effective immediately upon its adoption. PASSED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON FIRST READING, THIS DAY OF , 1995. PASSED AND ADOPTED BY THE CITY COUNCIL OF THIS CITY OF SEBASTIAN, FLORIDA, ON SECOND AND FINAL READING, THIS DAY OF _, 1995. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being puU into a vote, the vote was as follows: Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Councilmember Norma J. Damp Councilmember Ray Hailoran Councilmember Louise R. cartwright The Mayor thereupon declared this Ordinance duly passed and adopted this ATTEST: day of .., 1995. CITY OF SEBASTIAN, FLORIDA By: Arthur L. Pirtion, Mayor Kathryn M. O'Halloran, ~MC"/AAE (SEAL) Approved as to Form and Con=en~: Clifton A. M~"~lelland, Jr. City Attorney City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: PROPOSED AMENDMENT TO THE LAND DEVELOPMENT CODE REGARDING ACCESSORY BUILDINGS Approval for Submittal By: City Manager Agenda Number: Dept. Origin: Community Development (BC~ Date Submitted: 5/9/95 For Agenda Of: 5Z24/95 Exhibits: 1. Proposed Ordinance 2. Memo dated April 21, 1995 from Planning and Zoning EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT At its regular meeting of April 20, 1995, the Planning and Zoning ICommission passed a motion recommending to City Council to amend Section 20A-5.7 of the Land Development Code regarding Accessory buildings. IBasically, paragraph 7 within section D is new, and the remaining portion of the ordinance is existing within the Land Development Code. This proposed ordinance would require all detached accessory buildings lover 200 square feet in area or any attached or detached accessory building with a door opening higher than 7 feet to be reviewed by the Planning and Zoning Commission with certain criteria that must be met. RECOMMENDED ACTION Move to set the first reading of this ordinance on June 14, 1995. I , City of Sebastian 1225 MAIN STREET r~ SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 s FAX (407) 589-5570 MEMORANDUM DATE: TO: FROM: REFERENCE: April 21, 1995 Mayor, City Council Dorri Bosworth, Secretar~ ~' Planning and Zoning Commission Amendment to Section 20A-5.7 - Accessory Structures At its regular meeting of April 20, 1995, the Planning and Zoning Commission passed a motion 7-0 recommending to City Council to amend the above referenced section of Sebastian's Land Development Code with various changes. The intent of the recommendation is to restrict the height and size of detached accessory structures, and to issue criteria the Planning and Zoning Commission must use to review and approve detached accessory buildings with a door opening higher than seven (7) feet and over 200 square feet in area. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE CODE OF ORDINANCES, REGULATING ACCESSORY BUILDINGS, ~ROVIDING DEFINITIONS, PROVIDING FOR SEVERA~ILITY, PROVIDING FOR CODIPICATION, PROVIDING FOR CONFLICTS, AND PROVIDING ~ORAN EFFECTIVE DATE. WHEREAS, the City Council of ~he City of Sebastian, Florida, desires to amend the Code of Ordinances to rsgulate the construction of accessory buildings in :he City; and WHEREAS, the City Council of the City of Sebastian, Florida, believes ~ha~ it is in ~he best interests of the health, safety, and general welfare of ~he community to so amend the Code of Ordinances. NOW THEREFORE, BE IT ORDAI~N~D BY T~E CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, THAT: Section ~ ..... Section 20A-5.7 of the Code of Ordinances, City of Sebastian, is hereby amended to read as follows: Se~. 20A-~.7 Aocessory A. Defini=ion. "Accessory Building" shall ~e defined as any structure or portion thereof located on a lot in a residential district which ia not designed primarily for use as living area. The homeowner shall have ~he burden of showing =ha~ a structure or portion thereof is designed primarily for use as living area. Presence of principal building required. No accessory building shall be constructed upon a io~ until the construction of a principal building has been started and no accessory building shall be used unless the principal building has received a certlfica~e cf occupancy. ~. Location. General rule ~or location. No accessory building or structure shall be located in any required yard (setback) . Furthermore, no de=ached accessory building or structure shall extend beyond the ~ronU building line of the principal structure ~hat is located on the same real estate parcel or lot. Corner lots. No=withstanding the provisions of paragraph 1, accessory buildings may be located to the fron~ of =he front setback line along the boundary of the secondary front yard of an improved corner Io=, provided that said secondary front yard does not abut an interior lot. (Ord. No. 0-93-01, & 50, 2-24-93) D. General regulations of accessory buildings. NO mobile home, travel =railer, truck trailer or any portion thereof, or motor vehicle shall be permit=ed as an accessory building. No accessory building shall be constructed or maintained wi=hot: a building permit being issued by the city's building o~icial expressly designating =he type of accessory building (example: garage, shed, pump house). The building official shall no~ issue a building permit if the application for a building permit does not specify the type of accessory building which the applicant seeks to construct or to main~aln. The building official shall not issue a building permit if the accessory building ~oes not comply with any other provisions of the land development code or the Code o~ Ordinances of the City o~ Sebastian. Nc detached accessory building shall be constructed or maintained if ~he height =hereof exceeds the height of the principal structure that is located on the same real es=ate parcel or lot. No de~ached accessory building shall be constructed or maintained if =he square foot area thereof exceeds seventy-five (75) percent of the living and nonliving square foot area of the principal structure that is located on the same real es~a~e parcel or lot. 7. Any detached accessory building over 200 square feet in ar~a and any attached or de=ached accessory building with a door opening hSgher ~han seven (7) feet in height must be reviewed ~nd approved by =he Planning and Zoning ~ Commission utilizing the following cfi=aria: a). The exterior of =he accessory portion of the structure including mass, facade and materials, shall be in harmony with the overall general character of the structure containing the primary residence, b) . Exterior facade material shall be compaUibie in appearance and color with the facade of the principal building structure. No exterior siding shall be of metal or vinyl, unless the owner proves the satisfaction of the Planning and Zoning Commission that the siding shall be of such quali=y and style ~haU iU will be compatible in appearance, color, and ~esign with the principal building structure, and in harmony w&=h other structures in the general area. c). The ridge line of the roof for =he accessory building shall not be higher =hen the roof ridge line of ~he primary structure. d). No Dortion of an accessory building that has ex:erior walls higher =hen the structure containing the primary residence shall extend beyond the front building line of said primary residence. E. Exception - One dock on single-family r~sidential parcel. Notwithstanding anything above, one boat dock may be built adjacent to a lot or parcel of land that is then zoned for single-family residential use provided a building permit for such dock is obtained from the city of Sabastian pursuant to ~he following conditions: 1. The applicant shall submit to =he planning and zoning commission an app!icauion for a permit along with a fee of fifty dollars ($50.00). The application shall con=aln a ~lan showing the exact location of =he proposed dock, its height, elevation, l~ngth, width, and =he material o~ construction. The apDlication shall also contain a copy o~ all other permits =hat may be r~quired for such dock from the State o~ Florida and =he U.S. Government, if applicable. The appli=a~ion shall also contain an executed written contract between the city and all owners of ~he parcel, including mortgage holders, if any, that states =hat all owners and their successors in title shall take such action as is required by the City =o ~nsure that no use is made of the dock un%il such time as the single-family residence is built on the lot and a certificate of occupancy has been issued for such residence. The application shall also show =he zoning applicable to =he lot, and shall show the size and dimensions of the and all lot lines and easements. o The planning and zoning commission shall be required to review the said application, and may impose reasonable additional qualifica%ions on the permit depending on the facts of the case. If the requirements are met, however, the permit shall not be unreasonably wi=hhei~. Prior to the issuance by the building official cf any such dock permit, the aforesaid contract shall be recorded by the owners and a true copy of the recorded contract shall be delivered to the building official, along with a performance bond in the amount of the cost of the dock, or five thousand dollars ($5,000.00), whichever is greater, which, bond shall insure that the doc~ shall be removed if the ¢i%y's code enforcement board finds and determines that the lot owner(s) have allowed or suffered anyone to use said dock prior to the issuance of the certificate of occupancy for the residence on ~he lot. No dock built shall involve any dredging or filling other than is necessary to install pilings =o support such dock. The dock shall be supported by pilings or shall be a fully floauing dock with only the floats being positioned by =he pilings. The dock shall not unreasonably impede the flow of water or be a hazard to navigation on the water adjacent =here=o. .~effect. The generally applicable provisions of the code enforcement board shall apply; however, if the code enforcement boar~ finds a violation of the requirements to have been committed, ~he city may ~ake all appropriate actions %0 enforce the said performance bond, which bond shall remain in full force and until such time as the required certificate of occupancy shall have been issued for the single family residence. (Ord. NO. 0-87-1%, ~ 1, ~-~3-87; Ord. No. 0-90-1~, ]§ 1, 2, 12-12-90) Section 2. I= is =he inUan=ion of =he City Council of City of Sebastian, Florida, ~hat the Drovisions of ~his Ordinance shall become and be made a part of 5he Code of Ordinances of City of Sebastian, Florida, and that the ~ections of this Ordinance be renumbered, relettered, and the word "ordinance" may be may changed to "Section", "Article", or such other word or phrase in order to accomplish such intention. Section3. Ail other Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the ex~en: of such conflict. Secti~ If any clause, section, or o~her part or application of ~his Ordinance shall be held by any Court of. compe=en~ jurisdiction %o be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated, in no way affecting the validity of the remaining portions or applications, which shall remain in full force and e££ecU. $~ction ~. This Ordinance shall become effective thirty (30) days after its passage and adoption. PASSED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON ~IRST R~ADI~G, THIS DAY OF , 1995. PASSED AND ADOPTED BY THE CITY COUNCIL ~IiS CITY OF SEBASTIAn, FLORIDA, ON SECOND AND FINAL READING, THIS DAY OF , 199~. The foregoing Councilmember Ordinance was moved for adoption by The motion was seconded by Councilmember ........ and, upon being put into a vote, the vote was as follows: Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Councilmember Norma J. Damp Councilmember Ray Halloran Councllmember Louise R. Cartwright The Mayor thereupon declared Chis Ordinance duly passed and adopted this day of ............ , 1995. CITY OF SEBASTIAn, FLORIDA ATTEST: Arthur L. Fir~'~on, Mayor ( Seal ) Approved as to Form and Content: Clifton A. McCleiland, Jr, City Attorney 6 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: Municipal Lease Agreement A.pproved for Submittal By: City Manag~ ~,d Agenda No. Dept. Origin Public Works public works D±r. Date Submitted: 05-16-95 For Agenda of 05-24-95 Exhibits: CoDy of lease options EXPENDITURE REQUIRED: $5865.60 AMOUNT BUDGETED: $ 0 APPROPRIATION REQUIRED: See below SUMbiARY STATEMENT The Public Works Department found it necessary to rent a backhoe in January from Falcon Power, the local Case equipment dealer, to keep up with the demand placed upon our equipment. The City has invested $9,825.00 to date which Falcon Power has agreed to apply in full the total amount to the lease-purchase price. We are requesting that the City enter into a municipal lease-purchase agreement with Falcon Power and Equipment Co., a Case tractor dealer in Orlando, Florida. Falcon Power has submitted two options which are attached. One option is for 36 months at $1137.26 per month; the other is for 24 months at $1466.42 per month. If approved, we will require an appropriation of $5865.60 for the 24 month option or $4549.04 for the 36 month option for the remainder of the current fiscal year. The balance of funding will occur in the future budget years. RECOMMENDED ACTION Move to approve the Municipal Lease-Purchase Agreement with Falcon Power for either option one or option two. FALCON POWER 1583 CENTRAL FLORIDA PARKWAY ORLANDO FL 3283? 407-859-1050 CASE Page i of 2 05-15-1995 LEASE 1 LEASING ILLUSTRATION Cash Sale Price ...................... $ Sales Tax ............................ $ 56,985.00 0.00 Total Cash Sale Price ............................... Cash Reduction ....................... Trade-in Allowance .... $ 0.00 - Trade-in Debt ....... $ 0.00 Net Trade-in ......................... - Cash for Trade ..................... 9,825.00 $ 0.00 $ 0.00 Total Lease Price Reduction ......................... $ Unpaid Balance of Cash Sale Price ................... $ other Charges: Filing, etc ........................ $ 182.00 Processing Fee ..................... $ 150.00 Other .............................. $ 0.00 Physical Damage Insurance .......... $ 0.00 Life Insurance ..................... $ 0.00 Total Other Charges ................................. $ Lease Net Price ..................................... Security Deposit .................................... $ Advanced Payment .................................... $ PROGRAM TERMS A.P.R. (%) ................................ ?.000 Sales Tax/Payment ......................... 0.000 Date Factor Begins ..................... 05/15/95 Payment Method ......................... Standard Payment Type ............................ Monthly Term in Months ............................... 36 PAYMENT ............................................. $ 56,985.00 9,825.00 47,160.00 332.00 47,492.00 0.00 0.00 1,466.42 Date Payment )6/15 fgs )7/15 f95 )8/15 f95 )9/15/95 L0/15 f95 L1/15/95 L2/15/95 }1/15/96 }2/15/96 }3/15/96 }4/15/96 }5/15/96 CASE PAYMENT SCHEDULE Standard Payments Date Payment 1466.42 06/15/96 1466.42 1466.42 07/15/96 1466.42 1466.42 08/15/96 1466.42 1466.42 09/15/96 1466.42 1466.42 10/15/96 1466.42 1466.42 11/15/96 1466.42 1466.42 12/15/96 1466.42 1466o42 01/15/97 1466.42 1466.42 02/15/97 1466.42 1466.42 03/15/97 1466.42 ~466.42 04/15/97 1466.42 1466.42 05/15/97 1466.42 Residual 05/15/98 0.00 This is a quotation only. Payments, terms subject to verification and approval. Page 2 of 05-15-1995 06/15/97 1466.42 07/15/97 1466.42 08/15/97 1466.42 09/15/97 1466.42 10/15/97 1466.42 11/15/97 1466.42 12/15/97 1466.42 01/15/98 1466.42 02/15/98 1466.42 03/15/98 1466.42 04/15/98 1466.42 05/15/98 1466.42 and conditions are Date Payment i I.,. AI,..I,i, Mq,- OWI=~. :1.583 CENTRAl .... t:::'1 .... PKY dM....ANDb I i ...........J..L.., ~ i 4 07.,,.. 859 ,-.. :1. ()50 I I~'11 lib ~'",,.tl :',[ C; 'I iF='' ¢:.:~ IL ....... iL.. E ,i~2~ .:=~, :;;::.:svss h ':~a ;i. ~:;cs, ~:::' :-" i c: ,:<s-~ ........................................... ~s ~;:Z6 ~, 9'6?5., T r-; .:....:~ 'i ~"': ~'-~ s i'" {:::;.-'ss ] ~,:,, ~::: :-" 'L r' ~.':.', , ........................................................... -~s. ,......:)S:t ~. )"3 ~'{(E~ ,:::~L.U:]: ]: ]. ~ Fi ...................... .................... ':;P '7' :, C:~.,:..='., 'T' ~-" r;. :'"~.'.t~',-..- '~ ;"s :':::': '~ ': , ",~:~ ...t~ r",r" ,'z':, .))': ¢'"; ~"3 ¢'"~ ..... ~ F' .:?:~ (][E' '"" ]. F", .L..~ ('D &) % ............. :~ L/,, '...' s,..~ ..... C: a.~ ?': --F ~::::~ r T i." a d ~.:;-:- .......................................... S ~:.::~ ,, 0 () ~,.] ~:::'-i ! ~ ~--~(--t , '.',:'? r-, ..... ., .., ~ . ..... .,., ,. ~ ............. .,., ~3 i ;::)':'., ~ )i: :: I L..i 'C ]' i (.;{{' ~" .............. . ............... ............... , .............. :;<:' '....' ,, S..' '....' , t ................ ': '". .....~ ......¢... ' ' p~ ............... :, 4~, '" "~ "~ . .;::,.--~ .. -......, ...... ,.............:, .:~ -., ,. ~. ~ Tm--' ';, .... ~ ......:' ." "" ~ .~ ."" ='~ Le~e Ne~ Price ..................................... ,:;;; ,-. ~ . ~.- ..... .. · ..., ...~ ,.....-. ,. ...... .~ I PROGRAM TERMS ¢.~ ,, i"" ,, h: ,, .,..;..-;, ,., , ................................................................. ,, ~...,, I ::::::,':,, '~ ,,',~', ~ "~" ..=~, .." i:::' a',¢-' ,"n ~<, n t' ................................................... () ,, C:' E> i::' ..',:k ',.., ,,T, (,',~:, ~": +', '.'q (.:(~, % !"~ ~:;: (]~ .................................................. ~-L .:~i~, F~ Ci ~';?,. F' [:: PAYMENT ............................................. $ F:'a¢~ ~ :L o.F 2?. ""::' 5- ~,) ,.~ "*' i :1, 9 9 5 $ 47 ~ 4~2. O0 1,137.26 :} ,, 00 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: C.W.A.- COLLECTIVE BARGAINING AGREEMENT APPROVED FOR SUBMITTAL BY: City Manager: AGENDA NO. Dept. Origin CITY MANAGER Date Submitted 05/16/92, For Agenda Of 05/24/95 Exhibits:RESOLUTION NO- R-95-30 EXHIBIT"A"- COLLECTIVE BARGAINING AGREEMENT WITH COMI~JNICATION WORKERS OF AMERICA. EXPENDITURE REQUIRED: $60,869* AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: NO SUPKVLARY STATEMENT Attached is the collective bargaining agreement between the City of Sebastian and the Communications Workers of America for the period of May 25, 1995 to September 30, 1997. Due to salary savings from positions not being filled immediately, the City has enough money to cover the cost of the step adjustment and lump sum bonus during this first year without having to identify unappropriated monies from other sources. RECOMMENDED ACTION Move to approve the recommendations of the City Manager to approve this Collective Bargaining Agreement and adopt Resolution R-95-30 authorizing the City Manager to enter into an Agreement with the Communications workers of America effective 5/25/95. doc: agenda RESOLUTION NO. R-95-30 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RATIFYING A CONTRACT BETWEEN THE CITY OF SEBASTIAN AND THE COMMUNICATIONS WORKERS OF AMERICA, FOR THE PERIOD FROM 5/25/95 TttROUGH AND INCLUDING 9/30/97; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERA]BILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Communications Workers of America is certified by the Florida Public Employees Relations Commission as the bargaining unit for certain City employees; and WHEREAS, the City and the Communications workers of America have negotiated a new Collective Bargaining Agreement commencing on May 25, 1995 and ending September 30, 1997; and WHEREAS, the City and the Communications Workers of America have reached agreement on said contract. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Sebastian, Indian River County, Florida, as follows: SECTION 1. The document entitled "Collective Bargaining Agreement between the City of Sebastian, Florida and Communications workers of America (Local 3180)", which document is attached hereto and made a part hereof as Exhibit "A" is adopted as the employment agreement between the City of Sebastian and the Communications workers of America for those employees covered in said agreement and employed by the City for the period commencing on May 25, 1995 and ending on September 30, 1997. SECTION 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. ~ECTION 3. SEVERABILITY. In the event a court of competent SECTION 3. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Resolution is invalid or unconstitutional, the remainder of the Resolution shall not be affected and it shall be presumed that the City Council of %he City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Resolution without such invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. SECTION 4. This Resolution shall take effect May 25,1995. The foregoing Resolution was moved for adoption by Council member The motion was seconded by Council member and, upon being put to a vote, the vote was as follows: Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Council member Louise Cartwright Council member Norma Damp Council member Raymond J. Halloran The Mayor thereupon declared this Resolution duly passed and adopted this day of , 1995. CITY OF SEBASTIAN, FLORIDA BY: Arthur L. Firtion, Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE Approved as to Form and Content: Clifton McClelland, City Attorney City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 SUBJECT: CONCEPTUAL APPROVAL AGREEMENT REGARDING ACQUISITION OF SINGLE-FAMILY LOTS IN SEBASTIAN HIGHLANDS UNIT 17 FOR HABITAT CONSERVATION PLAN Approval for Submittal By: City Manager Dept. Origin: Community Development (BC~. Date Submitted: 5/16/95 For Agenda Of: 5/24/95 Exhibits: 1. Conceptual Approval Agreement 2. Letter dated May 5, 1995 from Roland DeBlois 3. Application for Florida Communities Trust EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT Indian River County is currently pursuing the purchase of the single- family lots within Sebastian Highlands Unit 17 through the Florida Communities Trust Program for the Scrub Jay Habitat. Since these lots are located within the City of Sebastian, the State requires that the city, as well as Indian River County, sign the agreement. To insure that the City of Sebastian has no monetary obligations in this agreement, I contacted Mr. Roland DeBlois (Chief Environmental Planner) and Mr. Terrence O'Brien (Assistant County Attorney) to obtain the specific sections that would apply regarding this matter. Attached is the application indicating this project to be funded by Indian River County's $26 million dollar Bond Referendum that was approved in November 1992 and the County's committment to be responsible for the maintenance of the HCP. Further, Section III 1 f (page 6) indicates that an interlocal agreement will be required between Cover Agenda Sheet HCP Conceptual Approval Agreement Page Two the City and Indian River County to set forth all committments by the County regarding fiscal and management responsibilities and obligations incurred for this project. This interlocal agreement will be required to be executed prior to the closing of any real estate transaction and final disbursement of awards by FCT (Section III 1; page 5). Attached, as exhibit A, is a Confidentiality Agreement that is signed by any parties that would be involved in the review and process of negotiations and determination of the fair market value of these properties. Although the County will be in charge of the acquisition program, the State requires someone from the City to sign this Confidentiality Agreement. RECOMMENDED ACTION Move to authorize the Mayor to sign the Conceptual Approval Agreement and the City Clerk to attest his signature, and authorize the City Manager to sign the Confidentiality Agreement. Telephone: (407) 567.8000 May 5, 1995 BOARD OF COUNTY COMMISSIONERS 18~0 25th Street, Vero Beach, Florida 32960 Bruce Cooper Community Development Director City of Sebastian 1225 Main Street Sebastian, FL 32958 Re: Request for City Council Approval/Execution of County/FCT Conceptual Approval Agreement to Acquire the Sebastian Highlands Unit 17 Scrub Lots Dear Bruce: As a follow-up to our phone discussion yesterday, please find enclosed two originals of a Conceptual Approval Agreement between the County and the Florida Communities Trust (FCT) to cost-share acquire the Sebastian Highlands Unit 17 scrub lots. The Agreement has been approved and signed by the Board of County Commissioners. Because the lots are located within the City of Sebastian, the State requires that the City sign the Agreement as well. I request that this item be scheduled for the City Council's consideration and approval. Once the two originals are signed, please return them to me. I will then forward the originals to FCT for full execution. Please be advised that my deadline for submitting the Agreement to FCT. is June 10, 1995. Thanks for your help. If you have any questions, please contact me at 567-8000, ext. 258. Sincerely, Roland M. DeBlois, AICP Chief, Environmental Planning cc: Robert Keating rl\ laac\seDscrub, coo FLORIDA COP~K~ITIES TRIIST PRESERVATION 2000 PROGRAM APPLICATION FORH FCT/P2000-2 PROJECT NAME APPLICANT NAME Sebastian Scrub Indian Rlver County Address of applicant's principal offices Indian River County Planning Division 1840 25th Street Veto Beach, FL 32960 City of Sebastian Community Development Depart. 1225 Main Street Sebastian, FL 32958 PARTNERSHIP APPLICATIONS Is this a partnership application between two or more local governments as described in Rule 9K-4.0031(13), F.A.C.? X Yes. If yes, attach to the application a list of each of the application partners and their addresses; No (See the principal office addresses above) KEY CONTACT PERSON _ Rg~andM-- DeBlois. AICP Title Ch~ief, E_nvironment~l~ Contact person's mailing address 1840 25th St~est veto Beach~ FL 32960 Contact person's delivery location (if different) PHONE (407) 567-8000, X 258; SUNCOM 224-I258; FAX ..(.407) 770-5095 FCT/P2000-2 TOTAL ACREAGE 112 acres m the exact a~reage if known. Otherwise, estimate the acreage Indicate to two significant digits (e._~g~.&. 3.1 acres~ 35 acres~ 120 9cre~s). m'~WNERS. IP Number of separate parcels within project site: m ~85 parcels PROJECT COSTS Estimate the project costs as defined in Rule 9K-4.002(31), F.A.C. Cost to purchase land $ . Cost of appraisal map(s) or certified survey(s) $ Cost of appraisals Cost of title insurance Cost of environmental audit(s) Fees or commissions ESTIMATED TOTAL PROJECT COSTS $ $ $ $ $ 2~400.000 30,000 lOtO00 ,_15,000 3~qO0 _ .2t4§8,0,07 Amount of award requested from FCT Amount or value of local match (as defined in 9K-4.0031.(9),...F.A.C.) ESTIMATED TOTAL PROJECT COSTS $__,_1,.~29r000 $ ....~,4~8,000 Percent Of local match 50 (percent of estimated total prg~ect costs to be contributed b~y the local ~9vernment) Percent of award from FCT 50 (percent of estimated total project cost~_tg_ be contributed by the Florida Communities Trust) Specify the form(s) and source(s) of local match or payhack strategy for loan. Source: $26 million environmental lands acgul~ltion bond referendum approved by Indian River County voters in November, 1992. A first series of bonds is expected to be issued in Jangary-March 1995. FCT/P2000-2 2 E '~I EEES OLL LO~ '0~ X¥~ CONCEPTUAL MANAGEMENT PLAN AND SOURCE OF FUNDING FOR MANAGEMZN? [Rule 9K-4.004(4)(d), F.A.C.] physical Improvements & Access The Sebastian Scrub properties presently does not contain any physical improvements. An undeveloped 100' wide right-of-way ("Gibson Road") divides the AGC industrial tract into west and east segments.. A traffic barrier exists at the south terminus of the improved portion of Gibson Road, at the Sebastian Scrub project north boundary line. The site also contains off-road-vehicle (ORV) trails. Access will be provided from Gibson Road, entering from the north end of the property. The Sebastian Highlands Unit 17 lots are void of improvements, although the lots have frontage on paved local roads. The proposed use of the AGC industrial tract is a resource-based passive recreation park with nature trails, picnic facilities, boardwalk/pier access into on-site wetlands, parking, restrooms, and Informational displays. Proposed improvements will be located to minimize impacts to site natural resources. The existing dRY trials will be used to the extent feasible for nature trials, being upgraded as necessary. The proposed use of the Sebastian Highlands Uni~ 17 lots is resource conservation/ management, with no recreational facility lmprovement~. Maintenance & Security The County's Parks and Recreation staff will be responsible for park maintenance and security of the AGC industrial tract site. The park I wiI1 be incorporated into the County's park system. No on-site staff security/living quarters are proposed . A lockable entrance ga%e will be maintained, with the park being closed between sunset and sunrise. I No gating is proposed relating to the Sebastian Highlands Unit 17 lo~s. Resource .Manaqement & Enhancement i A resource management plan for project resources will be drafted by county staff in coordination with the City of Sebastian and regional I offices of the U.S. Fish and Wildlife and the State Division of Forestry. Anticipated management includes the removal of tnvasive exotic vege~ation, selective mechanical clearing, and phased I prescribed burning oZ xeric scrub. Wetlands on the AGC industrial tract will be enhanced v~a the removal of invasive nuisance vegetation. I Development & Management Funding I County wetland mitigation bank funds shall be utilized for wetland enhancement expenses. The County has also accumulated funds under a native upland preservation program associated w~th new development. county land development regulations require that developers set'aside at least 15% o~ nat~v~ ~pland plant communities occurring on ? given site. A developer may opt for a fee-in-lieu of the se=- development aside, based on the assessed value of the ~ative vegetative property that would have been preserved. The City of Sebastian has a similar requirement regarding upland set-aside fees~in-lieu. These fee-in-lieu funds are ear-marked for the acquisit~on and/or management of native upland plant com~un~ties. It ts ant&c~pated that some of these funds will be used for the management of resources on the Sebastian Scrub project slte. it is expected that add~tional costs associated w~th management will be ~ncorporated in~o the operating budget of the County's Par~s and Recreation D~v~s~on. ¥CT/P2000-2 9 gg~5 0£/, £0~ 'ON CONTRACT FLORIDA COMMUNITIES TRUST P4A AWARD# 94-032-P4A CONCEPTUAL APPROVAL AGREEMENT THiS AGREEMENT is entered into on 1995, by and between the FLORIDA COMMUNITIES TRUST (FCT), a nonregulatory agency within the State of Florida Department of Community Affairs, and THE CITY OF SEBASTIAN AND INDIAN RIVER COUNTY (FCT Recipients), local governments of the State of Florida, in order to impose terms and conditions on the use of the proceeds of certain bonds, hereinafter described, and the lands acquired with such proceeds (Project Site), as shall be necessary to ensure compliance with applicable Florida Law and federal income tax law and to otherwise implement provisions of Sections 259.101, 375.045, and Chapter 380, Part III, Florida Statutes (F.S.). · * * * * * * WHEREAS, Chapter 380, Part III, F.S., the Florida Communities Trust Act, creates a nonregulatory agency within the Department of Community Affairs (Department) that will assist local governments in bringing local comprehensive plans into compliance and implementing the goals, objectives, and policies of the conservation, recreation and open space, and coastal elements of local comprehensive plans, or in conserving natural resources and resolving land use conflicts by providing financial assistance to local governments to carry out projects and activities authorized by the Florida Communities Trust Act; WHEREAS, Section 259.101(3) (c) of the Florida Preservation 2000 Act provides for the distribution of ten percent (10%) of the net Preservation 2000 Revenue Bond proceeds to the Department of Community Affairs to provide land acquisition grants and loans to local governments through the FCT; WHEREAS, the Governor and Cabinet authorized the sale and issuance of State of Florida Department of Environmental Protection Preservation 2000 Revenue Bonds (Bonds); WHEREAS, the Bonds were issued as tax-exempt bonds, meaning that the interest on the Bonds is excluded from the gross income of Bondholders for federal income tax purposes; WHEREAS, Rule Chapter 9K-4, Florida Administrative Code (F.A.C.) sets forth the procedures for evaluation and selection of lands proposed for acquisition using funds allocated to the FCT through the Department of Community Affairs from the Preservation 2000 Trust Fund; C~/94-032-P4A WHEREAS, the FCT Governing Body met on January 12, 1995, to rank and select projects that were to receive Conceptual Approval for funding; WHEREAS, the FCT Recipient's project was selected for funding in accordance with Rule. Chapter 9K-4, F.A.C.; WHEREAS, Rule 9K-4.010(2) (f), F.A.C., authorizes FCT to impose conditions for funding on those FCT applicants whose projects have been selected for funding; and WHEREAS, the purpose of this Agreement is to set forth the conditions of Conceptual Approval that must be satisfied by FCT Recipient prior to the disbursement of any FCT Preservation 2000 award and the restrictions that are imposed on the Project Site subsequent to its acquisition with the FCT Preservation 2000 Series Bond Proceeds. NOW THEREFORE, FCT and FCT Recipient mutually agree as follows: I. GENERAL CONDITIONS 1. At least two original copies of this Agreement shall be executed by FCT Recipient and returned to the FCT office at 2740 Centerview Drive, Tallahassee, Florida 32399-2100 as soon as possible and before June 10, 1995. Upon receipt by FCT of the signed Agreements, FCT will' execute the Agreements, retain one original copy and return all other copies to FCT Recipient. 2. Conceptual Approval for funding shall be until December 10, 1995. In the event a project plan has not received project plan approval by December 10, 1995, the FCT Recipient must request a written extension to the Conceptual Approval Agreement for project continuation in compliance with Rule 9K-4.010(2)(k), F.A.C. If the FCT Recipient does not request an extension, or if an extension is not granted to the FCT Recipient by the FCT Governing Body, the Preservation 2000 award granted to the FCT Recipient by the GOverning Body shall terminate and all obligations hereunder shall cease. 3. The FCT Preservation 2000 award granted to the FCT Recipient will in no event exceed the lesser of FIFTY percent (50%) of the final total project costs, as defined in Rule 9K- 4.002(31), F.A.C., or ONE MILLION TWO HUNDRED TWENTY-NINE THOUSAND Dollars ($1,229,000.00), unless the FCT Governing Body approves a greater amount pursuant to Rule 9K-4.011(2) (a), F.A.C. 4. The grant amount reflected in Section 1.3., hereinabove, is based on the FCT Recipient's estimation of Project Costs in application 94-032-P4A and limits on awards in CAA/94-032"P4A 3-10-95 2 the Notice of Application Period announcing the application cycle. The actual total Project Costs, defined in Rule 9K- 4.002(31), F.A.C., for acquisition of the Project Site will be reflected on a grant reconciliation statement prepared pursuant to Section I. 6., hereinbelow. The FCT will participate in the land cost at either the actual purchase price, or the maximum approved purchase price based on appraisal reports that comply with requirements set forth in Rule 9K-6.007, F.A.C., whichever is less, and multiplied by the percent stated in Section 1.3., hereinabove. 5. The FCT Governing Body has given Conceptual Approval for funding to acquire the entire Project Site identified in the FCT Recipient's application #94-032-P4A, that was amended by a letter from the Recipient dated February 28, 1995, which amendment was approved by the Governing Body on March 10, 1995. The Governing Body reserves the right to withdraw its FCT award if the acreage that comprises the Project Site is reduced so that the objectives of the acquisition cannot be achieved or if the priority parcel(s) identified in the acquisition plan prepared pursuant to Section II. 5., hereinbelow cannot be acquired. 6. FCT awards shall be delivered either in the form of eligible project costs prepaid by FCT or in the form of a state warrant at the closing of the Project Site to the ultimate beneficiary or in accordance with written authorization from the ultimate beneficiary to allow a third party authorized by law to receive such payment, provided the Comptroller determines that such disbursement is consistent with good business practices and can be completed in a manner minimizing costs and risks to the State. If the Project Site is comprised of multiple parcels, FCT shall deliver at the closing of each parcel only the share of the FCT award that corresponds to the parcel being closed. FCT will prepare a grant reconciliation statement prior to the closing of the Project Site parcel that will evidence the amount of local match provided by the FCT Recipient and the portion of the FCT award that corresponds to the parcel being closed. Cash expended by the FCT for eligible project costs incurred by the FCT will be recognized as part of the FCT grant award amount on the grant reconciliation statement. 7. The FCT Recipient's local match shall be delivered either in the form of eligible project costs prepaid by the FCT Recipient, or in the form of cash, eligible donation of land value or a FCT Recipient's warrant at the closing of the Project Site. If the Project site is comprised of multiple parcels, the FCT Recipient shall deliver at the closing of each parcel the share of the local, match that corresponds to the parcel being closed. The cash expended by the FCT Recipient for eligible project costs incurred by the FCT Recipient conducting acquisition activities will be recognized as part of the local CAA/94-032-P4A 3 match on the reconciliation statement prepared pursuant to Section I. 6., hereinabove. In the event FCT Recipient's application #94-032-P4A represents that land is the source of local match, the value attributed to the land local match shall be determined after an appraisal report that complies with the procedures and requirements set forth in Rule 9K-6.007, F.A.C. 8. The FCT Governing Body adopted the Preservation 2000 Program Approved List of Complete Applications for Series 4A Funding cycle on September 28., 1994. If by local government initiated action taken subsequent to September 28, 1994, a Project site is given an enhanced highest and best use which would result in a governmentally derived higher value, the FCT acquisition activities will be terminated unless the seller agrees that the appraisal will be done at the highest and best use of the Project Site on or before September 28, 1994. FCT advised thD FCT Recipient of this condition by letter as attached hereto as Exhibit B and incorporated herein by reference. 9. FCT Recipient agrees to make diligent efforts to submit the documentation that is required in this Agreement as soon as is reasonably possible to FCT so that the Project Site may be acquired in an expeditious manner. 10. This Agreement may be amended at any time prior to FCT giving project'plan approval to the FCT Recipient. Any amendment must be set forth in a written instrument and agreed to by both the FCT Recipient and FCT. I II. REQUIREMENTS THAT MUST BE MET PRIOR TO INITIATION OF PROJECT SITE NEGOTIATION 1. No later than~a~10, 199 the FCT Recipient must I with copies o~--t~e~p~-~ty Tax Identification cards provide FCT for each parcel that comprises the Project site. I 2. The FCT Recipient hereby notifies the FCT that i~~ [note: elect either FCT, FCT Recipient or FCT Recipient Agent] will be the party responsible for all I negotiation and acquisition activities. 3. No later than~ the FCT Recipient must deliver to FCT a written statement from the Project Site property I evidencing that the owner(s) is willing to entertain an owner(s) offer from the FCT Recipient and FCT. I Pursuant to Rule 9K-4 010(2)(j) 4. . . , F.A.C., in the event the Project site is comprised of multiple parcels, FCT Recipient will provide an acquisition plaq, to be made, a part of th%s. i Agreement, to FCT no later than~y 10,_ 199~ The acquislt~on plan must be approved by FCT pri0r~commencement of CAA/94-032-P4A 3-10-95 4 negotiations for any parcel in the Project Site. The acquisition plan will address the order in which the Project Site parcels will be acquired and the measures that will be taken to assure that the entire Project Site will be acquired with the FCT Preservation award to the FCT Recipient. 5. No later than June 10, 1995, the FCT Recipient shall execute a Confidentiality Agreement pursuant to Rule 9K-6.010(5), F.A.C., a copy of which is attached as Exhibit A. This Confidentiality Agreement is not a part of this Agreement and may be amended without amending this Agreement, if needed. 6. By execution of this agreement, the FCT Recipient affirms that: a. the FCT Recipient is ready, willing and able to provide the local match; b. the FCT Recipient reaffirms the representations made in FCT Application #94-032-P4A; c. the FCT Recipient shall, on the anniversary date of the approval of the project plan by the Governing Body, prepare and submit to FCT an annual report as required by Rule 9K-4.013, F.A.C. III. PROJECT PLAN APPROVAL 1. Prior to closing of the real estate transaction and final disbursement of award funds by FCT, the FCT Recipient must prepare a project plan that complies with Rule 9K-4.011, F.A.C. This project plan, which is a compilation of documents, must be reviewed and approved by FCT, and include the following documents: a. A purchase agreement for acquisition of the Project Site, executed by the property seller and the FCT Recipient, that is based on an appraisal or appraisals prepared consistent with the requirements of Rule Chapter 9K-6, F.A.C., and be otherwise consistent with the provisions of that rule chapter. b. A management plan that complies with the following: written according to Exhibit C (FCT Technical Assistance Bulletin #2--Writing a Management Plan), which is attached hereto and incorporated herein by reference; acceptable to FCT; addresses the criteria and conditions set forth in Section V, Vi, VII. and VIII hereinbelow; and, at a minimum, sets forth how the site will be managed to further the purpose of the project, contains a description of all planned improvements to the Project site, identifies the costs of management and site Ci%~/94-032-P4A 5 improvement and funding sources, and identifies the management entity and its funding source. If the FCT Recipient is not the proposed managing entity, the project plan must include a signed agreement between the FCT Recipient and the managing entity stating the managing entity's willingness to manage the site, the manner in which the site will be managed to further the purpose(s) of the project, and identification of the source of funding for management. c. A statement of the total project cost, including all non-recurring costs of project development. d. A statement of the amount of the award being requested from the FCT. e. A statement from each local government in whose jurisdiction the Project Site is located that the project plan is consistent with the local comprehensive plan. f. Evidence that the conditions imposed as part of the Conceptual Approval Agreement have been satisfied. In the event that the FCT Recipient is a partnership, the FCT Recipient must provide FCT with the interlocal agreement that sets forth the relationship among the partners and the fiscal and management responsibilities and obligations incurred by each partner for the Project Site. g. An affidavit from the FCT Recipient evidencing that after conducting a diligent search, the FCT Recipient, to the best of its knowledge, represents that there are no existing or pending violations of any local, state, regional and federal laws and regulations on the Project Site. 2. Pursuant to 9K-4.011(2) (h), F.A.C., FCT shall withhold project plan approval if the local comprehensive plan(s) of the FCT Recipient or the FCT Recipient's partner is, for any reason found not in compliance by the Department after conceptual approval has been granted by FCT, unless the FCT Recipient has executed a stipulated settlement agreement with the Department to resolve all of the issues raised by the Department in a statement of intent to find a plan not in compliance issued to pursuant to Section 163.3184(8), F.S. CAA/94-032-P4A 3-10-95 6 IV. PROJECT SITE ACQUISITION REQUIREMENTS IMPOSED BY CHAPTER 259, CHAPTER 375, AND CHAPTER 380, P/~RT III, FCT RECIPIENT AGREES AS FOLLOWS: 1. FCT shall approve the terms under which the interest in land is acquired, pursuant to Section 380.510(3), F.S. Such approval is deemed given when the FCT governing body approves and executes the agreement for acquisition of the Project Site described in Section III.l.a. herein, to which FCT is a party. 2. Title to the Project Site shall be titled in the FCT Recipient, unless the FCT Recipient specifically requests that title shall permanently vest in the Board of Trustees of the Internal Improvement Trust Fund (Trustees). Such request shall be subject to the approval of FCT and the Trustees. The FCT Recipient hereby elects tha$~itle to the Project site shall be vested in )~ .... [Note--insert either the name of FCT Recipient or Board of Trustees of Internal Improvement Trust Fund. if the FCT Recipient elects that title shall vest in the Trustees, then all acquisition activities shall be administered by the Division of State Lands as specified in Section 253.025, F.S., and Rule 18-1, F.A.C. 3. The transfer of title to the FCT Recipient for the Project Site shall not occur until the requirements for the acquisition of lands, as specified in Section 380.507(11), F.S., and Rule Chapter 9K-6, F.A.C., have been fully complied with by the FCT Recipient and FCT. 4. Any deed whereby the FCT Recipient acquires title to the Project Site shall contain or be subject to such covenants and restrictions as are, at a minimum, sufficient to ensure that the use of the Project Site at all times complies with Section 375.045 and 375.051, F.S.; Section 9, Article XII of the State Constitution; the applicable bond indenture under which the Bonds were issued; and any provision of the Internal Revenue Code or the regulations promulgated thereunder that pertain to tax exempt bonds and shall contain clauses providing for the conveyance of title to the Project Site in the Board of Trustees of the Internal Improvement Trust Fund upon failure to use the Project Site conveyed thereby for such purposes. 5. A Grant Award Agreement containing such covenants and restrictions as referenced in Section iV.4. above and describing the real property subject to the Agreement shall be executed by the FCT and FCT Recipient at the time of the conveyance of the Project Site and shall be recorded in the county in which the Project Site is located. CAA/94-032-P4A 7 6. If any essential term or condition of the grant is violated, and the FCT Recipient does not correct the violation within 30 days of written notice of violation, title to all interest in the Project Site shall be conveyed to the Board of Trustees of the Internal Improvement Trust Fund. The deed transferring title to the Project Site to the FCT Recipient shall set forth the executory interest of the Board of Trustees of the Internal Improvement Trust Fund. 7. The interest, if any, acquired by the FCT Recipient in the Project Site shall not serve as security for any debt of the FCT Recipient. 8. If the existence of the FCT Recipient terminates for any reason, title to all interest in real property it has acquired with the FCT award shall be conveyed or revert to the Board of Trustees of the Internal Improvement Trust Fund, unless FCT negotiates an agreement with another local government or nonprofit organization which agrees to accept title to all interest in and to manage the Project Site. 9. The Project Site shall be managed only for the conservation, protection and enhancement of natural resources and for public outdoor recreation that is compatible with the conservation, protection and enhancement of the Project Site, along with other related uses necessary for the accomplishment of this purpose. The proposed uses for the Project Site must be specifically designated in the management plan approved by the FCT as a part of the project plan. OBLIGATIONS OF THE FCT RECIPIENT AS A CONDITION OF PROJECT FUNDING 1. Following the acquisition of the Project Site, the FCT Recipient shall ensure that the future land use designation assigned to the Project Site is for a category dedicated to open space, conservation, or outdoor recreation uses as appropriate. if an amendment to the FCT Recipient's comprehensive plan is required, the amendment shall be proposed at the next comprehensive plan amendment cycle available to the FCT Recipient subsequent to the Project Site's acquisition. 2. FCT Recipient shall ensure, and provide evidence thereof to FCT, that all activities under this Agreement comply with all applicable local, state, regional and federal laws and regulations, including zoning ordinances and the applicable adopted and approved comprehensive plan. Evidence shall be provided to FCT that all required licenses and permits have been obtained prior to the commencement of any construction. CAA/94-032-P4A 3-10-95 8 3. The FCT Recipient shall, through its agents and employees, prevent the unauthorized use of the Project Site or any use thereof not in conformity with the management plan approved by the FCT as a part of the project plan. 4. FCT staff or its duly authorized representatives shall have the right at any time to inspect the Project Site and the operations of the FCT Recipient at the Project Site. 5. Ail buildings, structures, improvements, and signs shall require the prior written approval of FCT as to purpose. Further, tree removal, other than non-native species, and major land alterations shall require the written approval of FCT. The approvals required from FCT shall not be unreasonably withheld by FCT upon sufficient demonstration that the proposed structures, buildings, improvements, signs, vegetation removal or land alterations will not adversely impact the natural resources of the Project Site. The approval by FCT of the FCT Recipient's management plan addressing the items mentioned herein shall be considered written approval from FCT. VI. OBLIGATIONS OF THE FCT RECIPIENT RELATING TO THE USE OF BOND PROCEEDS 1. FCT is authorized by Sections 375.045(4) and 380.510(7) (a) and (b), F.S., to impose conditions for funding on FCT Recipient in order to ensure that the project complies with the requirements for the use of Preservation 2000 Bond proceeds including without limitation, the provisions of the Internal Revenue Code and the regulations promulgated thereunder as the same pertain to tax exempt bonds. 2. If the Project Site is to remain subject, after its acquisition by the FCT Recipient and/or the Trustees, to any of the below listed transactions, events, and circumstances, the FCT Recipient shall provide at least 60 days advance written notice of any such transactions, events, and circumstances to FCT, and shall provide to FCT such information with respect thereto as FCT reasonably requests in order to evaluate the legal and tax consequences of such activity or interest. FCT Recipient agrees and acknowledges that the following transactions, events, and circumstances may be disallowed on the Project site as they may have negative legal and tax consequences under Florida law and federal income tax law. The FCT Recipient further agrees and acknowledges that the following transactions, events, and circumstances may be allowed up to a certain extent based on guidelines or tests outlined in the Federal Private Activity regulations of the. Internal Revenue Service: a. any sale or lease of any interest in the Project Site to any person or organization; CAA/94-032-P4A 9 b. the operation of any concession on the Project Site by any person or organization; c. any sales contract or option to buy things attached to the Project site to be severed from the Project Site, with any person or organization; d. any use of the Project Site by any person other than in such person's capacity as a member of the general public; e. any change in 'the character or use of the Project site from that use expected at the date of the issuance of any series of bonds from which the disbursement is to be made; f. a management contract of the Project Site with any person or organization; or g. such other activity or interest as may be specified from time to time in writing by FCT to the FCT Recipient. The foregoing are collectively referred to as the "Disallowable Activities." VII. DIS2~LLOWABLE ACTIVITIES/REMEDIES In the event that FCT determines at any time or from time to time that the FCT Recipient is engaging or allowing others to engage in Disallowable Activities on the Project Site, the FCT Recipient agrees to immediately cease or cause the cessation of the Disallowable Activity upon receipt of written notice from the FCT. To the extent allowed by law, FCT Recipient hereby indemnifies and agrees to hold FCT harmless from all claims, causes of action or damages of any nature whatsoever arising from or with respect to Disallowable Activities on the Project site. Nothing herein shall be deemed a waiver of the FCT Recipient's sovereign immunity. In addition to all other rights and remedies at law or in equity, FCT shall have the right to temporary and permanent injunctions against FCT Recipient for any Disallowable Activity on the Project Site.. DELEGATIONS AND CONTRACTUAL ARRANGEMENTS BETWEEN THE FCT RECIPIENT AND OTHER GOVERNMENTAL BODIES, NOT FOR PROFIT ENTITIES, OR NON GOVERNMENTAL PERSONS FOR USE OR MANAGEMENT OF THE PROJECT SITE WILL IN NO WAY RELIEVE THE FCT RECIPIENT OF THE RESPONSIBILITY TO ENSURE THAT THE CONDITIONS IMPOSED HEREIN ON THE PROJECT SITE AS A RESULT OF UTILIZING BOND PROCEEDS TO ACQUIRE THE PROJECT SITE ARE FULLY COMPLIED WITH BY THE CONTRACTING PARTY. CAA/94-032-P4A 3-10-95 10 VIII. CONDITIONS' PARTICULAR TO THE PROJECT SITE THAT MUST BE ADDRESSED iN THE MANAGEMENT PLAN 1. The FCT Recipient shall provide outdoor recreational facilities including nature trails, picnic areas, a gazebo, an informational kiosk and a limited parking area on the Project Site. The facilities shall be developed in a manner that allows the general public reasonable access for observation and appreciation of the significant natural resources on the Project Site without causing harm to those resources. 2. The timing and extent of a vegetative survey of vegetative communities and plant species on the Project Site shall be specified in the management plan. The FCT Recipient shall detail how the survey shall be used during development of the site to insure the protection, restoration, and preservation of the natural resources on the Project site. 3. The sand pine scrub, xeric oak scrub and scrubby flatwood plant communities that exist on the Project Site shall be preserved and appropriately managed to ensure the long-term viability of these vegetative communities. 4. The Project site shall be managed in a manner that optimizes habitat conditions for listed wildlife species that utilize or Could potentially utilize the Project Site, including the gopher tortoise, Florida scrub jay and Florida scrub lizard. The FCT Recipient shall coordinate with the Florida Game and Fresh Water Fish Commission, and the U.S. Fish and Wildlife Service, on th? management of the.Projec~ Site for the protection of listed species and listed species habitat. The FCT Recipient shall also conduct periodic surveys of listed species using the Project Site and develop informational signs relating to the protection of listed animal species and their habitat, particularly the gopher tortoise. 5. The FCT Recipient shall work in conjunction with the Florida Game and Fresh Water Fish Commission and the U.S. Fish and Wildlife Service to implement the Habitat Conservation Plan currently being developed to protect scrub habitat within Indian River County. 6. The FCT Recipient shall remove invasive exotic vegetation from Project Site and replant with native vegetative species. 7. Prior to the commencement of any proposed development activities, measures will be taken to determine the presence of any archaeological sites. Ail planned activities involving known archaeological sites or potential site areas shall be closely coordinated with the Department of State, Division of Historic , CAA/94-032-P4A 11 Resources, in order to prevent the disturbance of significant sites. 8. The FCT Recipient shall ensure that the Project site and listed animal species and their habitat are sufficiently buffered from the adverse impacts of adjacent land uses. 9. A vegetative analysis of the Project site shall be performed to determine which areas of the Project Site require mechanical clearing or a prescribed burning regime implemented to maintain natural fire-dependent vegetative communities. The FCT Recipient shall coordinate with the Division of Forestry and the Game and Fresh Water Fish Commission on the development of a prescribed burn plan for the Project Site. 10. The FCT Recipient shall remove trash and debris from the Project Site. 11. The FCT Recipient shall remove and restrict feral and domestic animals from the Project Site. 12. Access to the Project site by pedestrians and bicyclists shall be promoted as an alternative to automobile access. 13. The FCT Recipient shall secure the Project Site from unauthorized uses. 14. The requirements imposed by other grant program funds that may be sought by the FCT Recipient for activities associated with the Project Site shall not conflict with the terms and conditions of the FCT award. CAA/94-032-P4A 3-10-95 12 This Agreement including Exhibits "B" and "C" embodies the entire agreement between the parties. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement. THE CITY OF SEBASTIAN BY: Title: Date: Accepted as to Form and Legal Sufficiency: FLORIDA COMMUNITIES TRUST Linda Loomis Shelley, Chair Date: Accepted as to Form and Legal Sufficiency: Date: Date: Accepted as to Form and Legal Sufficiency: Data: ,~,,,,,,~- ~ ~' CAA/94-032-P4A 3-10-95 13 EXHIBIT A Contract No: FCT Project No: CONFIDENTIALITY AGREEMENT This is a Confidentiality Agreement (,,Agreement") pursuant to Rule 9K-6.010(5), Florida Administrative Code (F.A.C.). Parties to the Co~fi~entiallt~ Agreement: (,,FCT Recipient"), a ~ State of Florida, and the Florida Communities Trust ("FCT"), a nonregulatory agency within the Department of Community Affairs. Parcels covered b~ this Agreement: This Agreement covers all parcels identified as part of the project site in FCT application that was selected for funding and is governed by a Conceptual Approval Agreement for FCT Project Number (,,Project Site"). confidentiality: a) Pursuant to Rule 9K-6.002(17), F.A.C., the term ,,Confidential" refers to information that shall not be available for public disclosure or inspection and is exempt from the provisions of Section !19.07(1), Florida Statutes (F.S.). b) The FCT Recipient and its agents shall maintain the confidentiality of all appraisals, offers, and counteroffers as required by Section !25.355(1) (a), F.S., for counties, or Section !66.045(i) (a), F.S., for municipalities, and Rule Chapter 9K-6, F.A.C. The FCT Recipient may disclose such confidential information only to the individuals listed herein below. c) ReqD/ests to add persons to the disclosure list must be made in writing .and the FCT Recipient must receive the written consent of the FCT Executive Director and execute an Addendum to the Agreement. Ail confidentiality requirements..outlined above shall apply to individuals added to the list. d) The ttndersigned board members and staff of the FCT Recipient ("FCT Recipient") and its agents, if any, agree to maintain the confidentiality of appraisal information, offers and counter-offers concerning FCT Project Number , as required by Section 125.355 (1) (a), F.S., for counties, or Section 166.045 (1) (A), F.S., for municipalities, and Rule Chapter 9K-6, F.A.C., and by this Confidentiality Agreement between the FCT Recipient and FCT.. e) The undersigned certify that they. have no legal or beneficial interest in the Project Site. CONFID/FCT% REV. 2/23/95 Date FCT Recipient Board Member, Staff or Agent name Signature FCT RECIPIENT FLORIDA COMMUNITIES TRUST By: (Name) Its: Date: By: Anne Peery, Executive Director Date: Approved Legality: By: as to Form and Approved as to Form Legality: By: Trust Counsel and CONFID/FCT~.. EXHIBIT B Indian Riv~ ~840 25~ ~ero Bea~, Florida 32960 . · 'v~ Co~:v and city of Sebastian F~ Projec: N~: Dear ~. D~lois: on Janu~ 12, _ ---5: . __= -~ec:ed for &pp!ica=ions receive~ Dy ~e r~'~ l~t'i~---~ =~s sele~ea ~or cvcie. The ~ove fermented PrODeC~ app~ ~5~r-r- b' ov~~:ai au-~==~-!== ' efle~ on ~e' value ~- ~ =ppli~a=ion. ~e =ove~ing bo~d a= i~ J~u~ 12, 1995, mee=~g as fo!!o~s: ' inizia=e= my ~e ~= . --'on .... :-- ~ ComDle~e Appll 2000 Pro~ Approve= ~=- ~ h' =he value, ~ r. - - ~-~ ~e ~-alsal wi_! be done a~ ~e highes~ aha m~ ~ .... p~ese~tion 2000 :~e ~e F~ Gov~ning Board a~proved ~e Pro~ Approved Lis~ of Complete Applications for series P4A Funding cycle. ~ oF Co~u.~nn' A~Am~ - 2~40 C~m'~v D~.~v~ · l~x~. ~- ~J~99-2100 · 904/922-2207 · SL'~Co~ ~ January 27, 1995 Page 2 This policy is revised from earlier cycles to apply only to actions initiated by the local government. Previously, t_he policy applied to all action, whether initiated by a property owner or the local government. The governing body recognizes that local governments must respond to actions requested .by property owners and may be. compelled by local government regulations to grant land use changes 'that may impact values. A Conceptual Approval Agreement governing the grant award for the project will be approved by the FCT governing board at its March 10, 1995, meeting. That agreement will contain language relating to a governmentally derived higher value. Please prepare to advise me in writing, at the time you return the executed Conceptual Approval Agreement, whether any action has been taken by your local gowernment subsequent to September 28, 1994, that potentially affects the FCT project site in your jurisdiction, or if any action has been requested of the local government concerning the FCT project site. sincerely, Anne Peery Executive Director AP: tck EXHIBIT C FLOR.iDA COMMUNITIES TRUST' pKESERVATION 2000 ANT) ACSC PROGRA Technical Assistance Bulletin' 02 Writing a Management Plan The conceptual management plan submitted as a part of a Florida Communities Trust ("FCT")gxxnt application or proposal serves as z basis for the management plan for project sines purebred with funds from FCT. Matenats and information gathered for me application or proposal can and should be reflected in the pmn where appropriate. Conditions required in the Conceptual Approval Agreement or Grant Agreement should be incorporated in the management plan. Loc. ar. ion maiD, boundz23., map, vegetative surveys, site plans, Conceptual Approval Agreement, the recorded deed when it becomes available, and other supporting documents should be included as exhibits or included in the appendix of the management plan for future readers. The following general outline identifies the range of issues to be addressed in the management plan, where applicable. Introduction and General Information Provide a table of contents of thc management plan. Provide information including the name of the project, the location of the Proiect .~ite, and other gene-'al information such as a brief resource description, and histon-,.a] information relevant to site management. Purpose of the Project and Management Discuss the purpose for acquiring the Project Site and proposed future uses consistent with smternents made in the application or proposal. Provide a summm'y of the comr~rehensive plan direct/yes that would be furthered by managing the site as proposed. Commiunents made in the application or proposal and reinforced by conditions of the =m-ant .funding mus~ be refiec, r. ed in ......... the management plan. Identify the principle objectives for managing natural resources and compatible ouufioor re~,Teafion. Identi%' z pro.ute to amend the land use designa6on to conservation, outdoor o?~n Cace, or other similar cate=*ory once the land is acquired. Include t>rovisions to ensure that the Project Site is identified in all signs, literature, and advertising as being publicly owned, open to the pubiic and ooemted as a nam,al resource conservation area, outdoor recreation area, or other approphate descriptive language, and tn.. FCT and the identifying the Project Site as having b~n purchased with funds from Recipient.. Site Development, Improvements and Access Incorporate ~ provision for requesting written approval from the FCT before b=ginning any site altemr, ions or physical improvement~ nor addressed in the FCT approved management p Physical Improvements: Identify and locate existing and proposed physical improvements to the Project Site on a master site plan. These might include such things as signs, fences, walkways, recreational paths, campgrounds, restrooms, educational space, utility corridors, parking areas and buildings. Identify any proposed alteration of land use or character, the approximate area affected and how this activity will be coordinated with the protection of listed plant and animal species. Identify any permits or approvals that may be required for the development or restoration work and a procedure for providing evidence to the FCT prior to the initiation of any activity that all required licenses and permits have been obtained. Include the placement of at least one sign identifying the Project Site as being open to the public, purchased with funds from FCT and the Recipient, operated as a natural resource conservation area, outdoor recreation area, or other appropriate descriptive language. Access: Identify how access to the Project Site will be provided. For example, are parking places proposed on-site, and if so, approximately how many spaces or how much area will be devoted to this use'?. If parking is not proposed on-site, are there existing or proposed spaces adjacent to or sufficiently near the property? Identify any proposed access to waterbodies including, but not limited to, marinas, docks, boat ramps, fishing piers or viewing platforms and the approximate size of the facility. Consider providing bike paths to the site and bike racks at the site to provide an alternative to automobile transportation to the Project Site. Access to Project Sites should be compatible with all state and federal construction standards, including the Americans with Disabilities Act. Easements, concessions, or leases: Ide~nfify existing and proposed easements, concessions, or leases. If easements, concessions, or leases are anticipated to be granted on the Project Site, such proposed arrangements need to be identified. These might include utility rights-of-way, towage or access easements, recreation or supply concessions, and leases or other instruments that would allow grazing, timbering, agriculture, or other revenue producing enterprises. Include a procedure to provide 60 days prior written notice and .information regarding any lease of any interest, the operation of any concession, any sale or option, any use other than by a _ member of the public, and management contracts of the Project Site with non-governmental persons or organizations. Key Management Activities Maintenance: Identify required maintenance activities, including but not limited to, trash removal, site cleanup, and facilities upkeep. Identify the entity responsible for property maintenance. Identify. procedures to ensure that dumping of trash or hazardous material does not occur on or adjacent to' the Project Site. Identify contemplated service contracts with private concerns such as garbage removal, restroom cleaning, security guards, etc. Security: Identify the parties responsible for preventing vandalism, trespassing, and other property damage. Identify measures to protect the Project Site and the public using the site such manager, security guards, neighborhood watch, emergency phones, etc. Staffing: Identify the expected staffing requirements for management of the Project Site including both permanent and volunteer staff. Natural resource protection: Identify the natural resources at the Project Site and the issues, problems, and proposed management techniques associated with protection of those natural resources. Management techniques should include, but not be limited to, a baseline survey of listed plant and animal species, protection of listed plant and animal species, protection of imperiled or critically imperiled vegetative communities, protection of geological features, protection of surface water and groundwater quality and hydrology, and prescribed bums. Identify monitoring activities to insure the continued viability of vegetative communities and listed species found on the Project Site. The monitoring plan should include periodic surveys of the vegetative communities, listed plant species, and listed animal species found on the Project Site. Provide for forwarding survey information on the occurrence of listed plant and animal species to the Florida Natural Areas Inventory. Resource restoration and enhancement: Identify the primary components of the Project Site enhancement and restoration effort, if any. These might include removal of invasive exotic plant species, removal of feral animals, restoration of wetlands, improvement of surface water quality, recovery plan for listed species, and restoration of uplands habitat. This section should include a time frame for implementing and completing the activities and a monitoring program to insure success of the resource enhancement activities. Identify parts of the property that require different degrees or types of enhancement management. Archaeological and historical resource protection: Identify any archaeological or historical sites on the Project Site and the primary components of managing the archeological or historical sites. Outline procedures to protect archeological or historical sites that may be identified in the future. Incorporate a provision that if any archaeological and historic resources are discovered at the Project Site, the Recipient shall comply with the provisions of Chapter 267, Florida Statues specifically Sections 267.061 (2)(a) and (b)._ Provide for coordination with the Division of. Historical Resources, Florida Department of State. Coordination: Explain how the management of the site will be coordinated with other adjacent land owners and other resource protection agencies. For example, in the case of pr. escribed bums, what measures will be used to minimize impacts on nearby residential properties? Identify measures to protect the Project Site from adjacent off-site activities that might impact resources on the Project Site such as pesticide spraying on adjacent property, water treatment facility discharging into creeks flowing through Project Site, etc. Include provisions to coordinate with other agencies for appropriate guidance, recommendations, and necessary permits that' may be related to the Project Site, such as the following: the Florida Game and Fresh Water Fish Commis~sion and U.S. Fish and Wildlife Service to avoid impacts to listed species; the Water Management District and Department of Environmental Protection to ensure that development of the Project Site is done in a manner to protect or improve water quality; the Division of Forestry and the Game and Fresh Water Fish Commission on the implementation of a prescribed burn program; other local, state, or federal agencies special management plans, if appropriate. ~ Cost Estimate and Funding Source Identify the estimated costs of the various development and management activities outlined in the management plan. For review and analysis purposes, the estimated costs should be separated into the same categories as the identified activities. Identify the entity that will pay for development and management of the Project Site and some measure of the commitment or capacity to provide these monies. For example, adequate personnel and resources in the local parks and recreation department may exist to address the added burden associated with the Project Site. Identify any citizen organization or non-profit groups committed to providing services or funding and a measure of commitment or capacity to provide these services. Priority Schedule Identify a proposed time line for implementing the development and management activities of the management plan based on established priorities and the availability of funds. Provide a graphic display of the implementation time lines. Monitoring Identify procedures for assessing progress in achieving goals set forth in the management plan such as the percentage of property restored, inventory of species using the Project Site, etc. Identify procedures for periodic amendment to the management plan, when appropriate. Include a provision aclmowledging responsibility for preparing an annual stewardship report to the FCT, due on the anniversary date on which the Project Plan was approved by FCT. The Florida Communities Trust 2740 Centerview Drive Tallahassee, FL 32399-2100 904/922-2207 SunCom 292-2207 SUBJECT: City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32988 TELEPHONE (407) 589-5330 a FAX (407) 589-5570 CITY COUNCIL AGENDA TRANSMITTAL RESOLUTION NO. R-95-31 SUPPORTING RESTORATION OF OLD INDIAN RIVER COURTHOUSE AGENDA NO: DEPT, ORIGIN: VICE ,M...AYOR CORUM AND CITY CLERK DATE SUBIVIITTED: 5/18/95 MEETING DATE: 5/24/95 APPROVED FOR SUBMITTAL: City Manager: ¢:////~ 'A/ EXHIBITS' R-95-31 W/Request and Fact Sh~el Expenditure Required: N/A Amount Budgeted: N/A Appropriation Required: N/A SUMMARY STATEMENT Vice Mayor Corum submitted to my office a request fi'om Ruth Stanbridge, supporting Indian River County's efforts to restore and rehabilitate the old Indian River courthouse, for which a special categoly historic preservation grant is being sought. Due to the fact that the deadline for supporting documents is May 26, 1995, the Resolution presented to you was prepared by my office mid is similar to that adopted by Vero Beach. REcoM M ENDATION Adopt Resolution No. R-95-3 1 and direct staff to ~nail it to the Indian River County Commission. RESOLUTION NO. R-95-31 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, IN SUPPORT OF INDIAN RIVER COUNTY, IN ITS OWN EFFORTS TO RESTORE AND REHABILITATE THE OLD INDIAN RIVER COUNTY COURTHOUSE LOCATED AT 2145 14TH AVENUE, DOWNTOWN VERO BEACH. WHEREAS, Indian River County is proposing to restore and rehabilitate the Indian River County Courthouse located 2145 14th Avenue; and WHEREAS, A Special Category Historic Preservation Grant is being sought from the Bureau of Historic Preservation to accomplish this restoration; and WHEREAS, the City of Sebastian offers its support to Indian River County in this endeavor, and that such restoration will be a benefit to the downtown area. NOW THEREFORE, BE IT RESOLVED 'BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, THAT: The City Council of the City of Sebastian supports Indian River County in its efforts to restore the Old Indian River County Courthouse located at 2145 14th Avenue, downtown Vero Beach. The foregoing Resolution was passed for adoption by Councilmember The motion was seconded by Councilmember md, upon being put to a vote, the vote was as follows: Mayor Arthur Firtion Vice Mayor Carolyn Corum Councilmember Louise Cartwright Councilmember Norma Damp Councilmember Raymond Halloran The Mayor thereupon declared this Resolution duly passed and adopted this ATTEST: day of , 1995. CITY OF SEBASTIAN, FLORIDA By: Arthur L. Firtion Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to Form and Content: Clifton A. McClelland, Jr. City Attorney FROM:GFC,Vero ~/'~. /~ ', ,.. · xt/~.. .,-,~' '~ .." ! FAX 407 562-8550 MAY 15, 1995 ATTENTION: VICE MAYOR CAROLYN CORUM .""~----~E F~ND A REQUEST AND FACT SHEET SEEKING A SU??ORT LETTER OK ~ RESOLUTION~.~ROM YOUR ~OMMUNITY OR ORGANIZATION FOR THE RESTOP. iTION A~D m]~,.~nQUE~TIONS CONCERNING THIS REQUEST, PLEASE TO NOT HESITATE TO CONTACT ME AT THE ABOVE TELEPHONE NUMBER OK FAX. THANK YOU, RUTH STANBR~DGE FAX (407) 562-8550 ATTENTION THE INDIAN RIVER COUNTY COMMISSION IS PROPOSING TO RESTORE AND REHABILITATE THE OLD INDIAN RIVER COUNTY COURTHOUSE AT 2145 14Tl{ AVENUE, DOWNTOWN VERO BEACH. A SPECIAL CATEGORY HISTORIC PRESERVATION CHANT IS BEING SOUGHT FROM THE BUREAU OF HISTORIC PRESERVATION TO ACCOMPLISI{ THIS RESTORATION. ACCORDINGLY, SUPPORT LETTERS ARE BEING SOLICITED TO ACCOMPANY THIS APPLICATION. A FACT SHEET IS ATTACHED TO PROVIDE YOU WITH INFORMATION ON PROJECT. PLEASE MAIL YOUR SUPPORT LETTER OR RESOLUTION TO: Indian River County Commiaeion, P.O. Box Veto Beach, Florida 32960. FAX 407 770-5334 IF ADDITIONAL INFORMATION IS NEEDED, PLEASE CONTACT RUTH STANBRIGE AT THE ABOVE TELEPHONE NUMBER OR FAX. THANK YOU. THE DEADLINE FOR THESE SUPPORT L~TTERS WILL BE MAY 26, 1995. THANK YOU, P. 02 FROM:GFC,Ue¢o T0:95895570 ~R¥ 1~, 1~ ¢,~mn 925. IN THE MIDST OF THE ROARING TW~NTIZS AND FLORIDA'S "BOOM",_ iNDLANI~ ~ER ~OUNTY WAS CREATED FROM THE NORTHERN PART OF ST. 5UCIE COUNTY. BY 192B, FLORIDA'S ")OOM" HAD TUR~ED TO A "BUST" QUICKLY FOLLOWED BY THE STOCK MARKET CRASH OF 1929, THEN THE GREAT DEPRESSION. THE DEPRESSION YEARS SAW THE F. ESIDENT$ OF INDIAN RIVER COUNTY WITH NO MONEI AND NO OFFICIAL COURTHOUSE. COURTROOMS AND COUNTY GOVERNMENT TOOK PLACE IN SCATTERED RENTAL OFFICES THROUGHOUT VERO BEACH, THE' COUNTY SEAT. IN ~933, AS KOOSEVELT'$ NEW DEAL BEGAN, INDIAN RIVER COUNTY APPLIED FOR A PUBLIC WORKS ADMINISTRATION (PWA) GRANT AND LOW COST LOAN TO BUILD A COURTHOUSE. IN ~935, THE PWA APPROVED THE CONSTRUCTION OF THE INDIAN RIVER COUNTY COURTHOUSE. THE OLD INDIAN RIVER COUNTY COURTHOUSE IS AN EXCELLENT EXAMPLE OF THE DEPRESSION ERA ARCHITECTURAL ST~/LE. DEPRESSION ARCHITECTURE IS STURDY AND IMPOSING IN FORM, LACKING ORNAMENTATION- THESE BUiLDiNGS WEEE DESIGNED BY PROFESSIONAL ARCHITECTS AND CONSTRUCTED BY pROFESSIONAL ~U~LDERS. THEY ~RE BUILT AND SERVED AS A SOMBER STATEMENT FROM THOSE TIMES. TODAY, THESE BUILDINGS, MOST OF THEM P~BLI¢ BUILDINGS, ~ BEING RECOGNIZED FOR THEIR HISTORICAL SIGNIFIC~I~CE AND HANY ARE BEING ~STORED AS PUBLIC BUILDINGS. LIKE MANY CITIES IN FLORIDA, THE DOWNTOWN AREA OF VERO BEACH HAS EXPERIENCED A DECL~N~ IN BUSINESSES AND ACTIVITIES. pRESERVATION EFFORTS BY THE HiSTORiCAL SOCIETY, SOME LOCAL BUSINESSMEN AND THE ~ERO BEACH DOWNTOWN ASSOCIATION ARE BEGINNING TO REVERSE THAT DECLINE. THE CITY OF VERO BEACH RECENTL~ INITLATED STEPS TO REVITALIZE THE CENTE~ OF TOWN. THE RESTORATION AND REHABILITATION OF THE OLD COURTHOUSE BY INDIAN ~IVER COUNTY TO PUBLIC OFFICES AND A DOWNTOWN CONFERENCE CENTER WILL FURTHER ENCOURAGE THE PRIVATE SECTOR TO CONTINUE THEIR REINVEST DOWNTOWN. THE ORIGINAL COUI~THOUSE HAS BEEN AN INTEGRAL PAKT OF OUR COMMUNITY FOR SYMBOLIZES THE STRUGGLES AND SACrIFiCES THAT MAi~KED OUI~ HISTOKY, 57 YEARS. IT ........... ~ v. OWN LANDMARKS ~N OUR COUNTY. WITH AND IT CONTINUES TO ~g omm u~ inm ~m~-~. ~$ NO REASON W~ . STORATION, REHABILITATION, AND PROPER UPKEEP, THERE EXPERT RE .............. """"~m"~g COUbD NOT CONTINUE TO SERVE AS A PUBLIC THE OLD INDIAN RI¥~ uuumii uuu~n~-~ BUiLD[NG FOR THE PEOPLE OP THIS COUNTY.