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Home My WebLink About09261995I City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570 AGENDA SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, JULY 26, 1995 7:00 P.M. OR SOON THEREAFTER CITY COUNCIL CHAMBERS .1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY 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 item by the City Council if they have signed the sign-up sheet provided prior to the meeting - limit of ten minutes per speaker (R-95-23) 1. CALL TO ORDER 3. 4. 5. PLEDGE OF ALLEGIANCE INVOCATION - No One Available ROLL CALL AGENDA MODIFICATIONS ~ADDITIONS AND/OR DELETIONSl Items not on the written agenda may be added only upon unanimous consent of the Council members present (R-95-23) 6. PROCLAMATIONS AND/OR ANNOUNCEMENT~ 95.029 PAGES 1-6 PAGES 7-34 9. 10. 95.128 PAGES 35-40 95.129 PAGES 41-62 PUBLIC HEARING, FINAL ACTION The order for public hearings in accordance with R-95-23 is as follows: - Mayor Opens Hearing - City Attorney Reads Ordinance or Resolution - Mayor Announces Rules - Staff Presentation and Recommendation (if any) - Public Input - Staff Final Comments and Recommendation (if any) - Mayor Closes Hearing Unless Hearing Continuation Granted by Vote of Three Councilmembers ORDINANC~ NO. 0-95-03 - Parkin~ in Residential Districts (Director of Community Development Transmittal dated 7/18/95, 0-95-03) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE CODE OF ORDINANCES, RESTRICTING PARKING IN RESIDENTIAL DISTRICTS AND ON STREET RIGHTS-OF-WAY, PROVIDING DEFINITIONS, SETTING PENALTIES FOR VIOLATIONS, PROVIDING METHODS FOR ENFORCEMENT, PROVIDING FOR SEVERABILITY, PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading on Revised 0-95-03 6/28/95, Minor Amendment, Advertised Legal Notices 7/12/95, PH 7/26/95) CONSENT AGENDA Approval of Minutes - 6/28/95 Regular Meeting, 7/12/95 Regular Meeting PRESENTATIONS - None COMMITTEE REPORTS/RECOMMENDATIONS A. HANDICAPp. ED SELF-EVALUATION COM~ITT~ Interview and Consider Reappointment of Harry DiSalvio and Philip Foster to Three Year Terms to Expire June 1998 (Human Resources Transmittal dated 7/18/95, 2 Applications, Pg. of R-94-51 Re: Interview) pLANNING AND ~ COMMISSIO~ (Director of Community Development Transmittal dated 7/18/95, Applications, P & Z Memo dated 7/7/95, Bosworth Memo dated 6/28/95) Eliminate Desiqnations of "lst" and "2nd" for Alternate Member Positions Interview and Appoint Alternate Member - Unexpired Term to Expire November 1995 2 11. OLD BUSINESS 95.047 PAGES 63-64 95.122 PAGES 65-80 12. 95. 130 PAGES 81-96 Discussion an__d Consideration of Capital Sanitation Franchis~ (Notification Letter to Capital dated 7/17/95, Requested by Halloran) Consider ~ of Easement Application - Lot 9~. Block 339, Sebastian HiGhlands Uni.~ 13 - Ed & Brenda Thomas ~ Postponed fro~ 7/12/95 (City Clerk Transmittal dated 7/18/95, Sec. 90-129 Code of Ord., Craven, Thompson Letter (Objection), DCD Letter, Application, Survey, Letters of No objection) RESOLUTION NO. R-95-40 - ADDrovinq Vacation of Easement TO BEAD OPTeD IF APPLiCATION IS APPROVED A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE NORTH FIVE FEET OF THE SOUTH TWENTY FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT OF LOT 9, BLOCK 339, SEBASTIAN HIGHLANDS UNIT 13, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 7-82C, 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. NEW BUSINESS Consi4e~ Vacation of Easement ADDlication - Lot 3,. Block 574. Sebastian Hiqb~ands Unit 17 -Larrv ! ~ Peters (city clerk Transmittal dated 7/18/95, Sec. 90-129 Code of ord, Craven, Thompson Letter, DCD Letter, Application, Survey, Letters of No Objection) RESOLUTION NO. R-95-43 - A_D_Drovinq Vacation of Easement TO BEAD OPTED iF APPLICATION IS APPROVED A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE SOUTHWEST SIX FEET OF THE NORTHEAST TWENTY FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT OF LOT 3, BLOCK 574, SEBASTIAN HIGHLANDS UNIT 17, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 8-46, 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. 95.070 PAGES 97-106 95.131 PAGES 107-110 95.132 PAGES 111-122 95.134 PAGES 123-168 13. 14. RESOLUTION NO~ R-%5-33 - ~%ty Council Meetinq Proce~.ures - ~ ~ (City Clerk Transmittal dated 7/19/95, Proposed Legislative R-95-33) 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. RESOLUTION HO. R-95-41 - S__~natures on ~inancial Documents (City Clerk Transmittal dated 7/18/95, R-95-41) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING POLICY REGARDING THE NUMBER AND FORM OF SIGNATURES THAT MUST APPEAR ON CHECKS, DRAFTS, AND OTHER FINANCIAL DOCUMENTS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. ~ from Mechanical Research and Desiqn CorDo~tion to Lease Airport Property (Director of Community Development Transmittal dated 7/18/95, DCD Memo dated 7/13/95 w/Attachments, Pino Fax dated 6/27/95) Award of Contract for Easy S~reet BikeDath ~rom Hibiscus Avenue to Mai~! Street to Pan American Enqineer%n~ Com_~ i__n the amount of $26,578.00 (Public Works Transmittal dated 7/20/95, Summary Sheet of Bids, Bid and Contract Documents) INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC CITy COUNCIL MATTERS A. Mrs. Norma Dam~ B. Mr. Ravmond Ha%loran C. Mayor ~ Firtion 95.133 PAGES 169-170 Vice Mayor Carolyn Corum 1. Golf Cours~ Memorial Trust Fund (Corum Transmittal dated 7/19/95, Exhibit One) Mrs. Louise Cartwriqh.% 15. 16. 17. CITY ATTORNEY MATTERS ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. City of Sebastian 1225 MAIN STREET ~ SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 u FAX (407) 589-5570 SUBJECT: PUBLIC 5EARING REGARDING ORDINANCE 0-95-03 RESTRICTING PARKING IN RESIDENTIAL AREAS Approval for Submittal By: City Manager Agenda Number: ¢5.~ ~ Dept. Origin: Community DeveloDment Date Submitted: 7~.18/95. For Agenda Of: 7/2.6/95 Exhibits: Ordinance 0-95-03 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT At its regular meeting of June 28, 1995, the City Council approved the first reading of Ordinance 0-95-03 with the change in item ~5 to add the word "rated". Section 5 has been corrected in accordance with the City Council direction. RECOMMENDED ACTION Move to approve Ordinance 0-95-03. ORDINANCE NO. 0-95-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE CODE OF ORDINANCES, RESTRICTING PARKING IN RESIDENTIAL DISTRICTS AND ON STREET RIGHTS-OF-WAY, PROVIDING DEFINITIONS, SETTING PENALTIES FOR VIOLATIONS, PROVIDING METHODS FOR ENFORCEMENT, PROVIDING FOR SEVERABILtTY, PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Florida, desires to restrict parking in residential districts and on street rights-of-way of the City; 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 restrict parking. 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, is hereby amended by adding a section to be numbered which shall read as follows: Section Parking in Residential Districts and on Street Rights-of-way 1. As used in this Section , the term "Vehicle" means any automobile, truck, or other vehicle designed for operation on streets or roads, but not including: a) Recreational vehicles as defined in §20A-5.16 b) Road tractor, semi-trailer, or heavy equipment as defined in §20A-5.16.1 1 c) Motorcycles, mopeds, bicycles, lawn tractors, golf carts, road rollers, cr vehicles which run only upon a track 2. For purposes of this section, a vehicle shall be considered to be parked if it is stopped c~her than for the purpose of and while actually engaged in loading or unloading merchandise or passengers. 3. No vehicle may be parked on any lot in any residential district except in an enclosed structure, unless said vehicle is licensed, registered, and insured. 4. No vehicle displaying a "for sale" sign may be parked on any street right-of-way. 5. No truck or van with a rated carrying capacity of over 3/4 ton shall be parked on any street right-of-way. ~~. Any vehicle parked on any street right-of-way in front of any unimproved lot which is not removed within 48 hours after a notice requiring removal has been posted on the vehicle by the City will be towed at the owner's expense. 7. Any violation of this Section shall be a civil infraction, subject to a maximum civil penalty of ($100.00), or a civil penalty of $50.00 if the person committing the civil infraction does not contest the citation. Section 2. 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 of the City of Sebastian, Florida, 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 3. Ail other Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 4. 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 ~nvalid 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 5. 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 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 Councilmember Ordinance was moved for adoption by The motion was seconded by Councilmember into a vote, the vote was as follows: and, upon being put Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Councilmember Norma J. Damp Councilmember Ray Halloran Councilmember Louise R. Cartwright 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 (Seal) Approved as to Form and Content: Clifton A. McClelland, Jr. City Attorney I City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, JUNE 28, 1995 - ?:0o 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 of the item by the City Council if they have signed the sign-up sheet provided prior to the meeting ~ limit of ten minutes per speaker (R-95-23) l. Mayor Firtion called the Regular Meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. INVOCATION - No One Available City Council Presentx Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Mrs. Norma Damp Mr. Raymond Halloran Absent: Mrs. Louise Cartwright (Excused) S taft Ere sent: City Manager, Joel Koford City Attorney, Timothy Williams City Clerk, Kattnyn O'Halloran Zoning Technician, Jan King Secretary, Linda Galley Regular City Council Meeting June 28, 1995 Page Two AGENDA MODIFICATIONS (ADDITIONS AND/OR.DELETiONS) Items not on the written agenda may be added only upon unanimous consent of the Council members present (R-95-23) None. 95.116 95.117 95.092 PROCLAMATIONS AND/OR ANNOUNCEMENTS Certificate of Achievement - Sebastian Area Little Lea~e - Girls 9 & 10 - Winners of the Districtl7 - Championship in Sebastian Area - All StarSoftball Team Mayor Firtion presented a certificate of achievement and recognized each member of the Sebastian Area Little League - Girls 9 & 10, winners of the District 17 championship in the Sebastian area. B. Presentation o£Plaque - Earl Shroyer - Planning and Zoning Presentation of the plaque to Mr. Shroyer had been made previously in the City Clerk's office. OUASI-JUDICIAL PUBLIC HEARING ORDINANCE NO. O-95-17 - Fischer Comprehensive Land Use Plan Amendment - .584 Acres U.S. 1 and Old Dixie Highway (Director of Community Development Transmittal dated 6/9/95, O- 95-17, Application, Map and Survey, P & Z Recommendation 4/21/95, 20A-11.6C and 20A-I 1.8C LDC, Policy 1-2.2.2 CLUP GOP) 1st Quasi-Judicial Hearing for Transmittal to DCA - City Council Intends to Conduct a Second Hearing Upon Its Return 2 Regular City Council Meeting June 28, 1995 Page Three AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE COMPREHENSIVE LAND USE PLAN AND THE COMPREHENSIVE LAND USE PLAN MAP; CHANGING THE LAND USE DESIGNATION IN THE CITY OF SEBASTIAN, ON CERTAIN PROPERTY CONTAINING APPROXI- MATELY .584 ACRES, MORE OR LESS FORM COR (COMMERCIAL OFFICE RESIDENTIAL) TO CL (COMMERCIAL LIMITED); AMENDING ORDINANCE NO. O-91-17; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES 1N CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Discussion and Direction to City Attorney on 5/2/95) The City Clerk administered an oath to all those intending to offer testimony, the City Attorney read Ordinance No. O-95-17 by rifle only and Mayor Firtion opened the quasi-judicial heating at 7:05 p.m. The City Manager gave a brief staff presentation and Mayor Firtion closed the hearing at 7:10 p.m. Discussion followed relative to parking and the Zoning Technician and applicant Carl Fischer responded that parking would be addressed m the site plan review before Planning and Zoning. MOTION by Halloran/Damp I move to approve the first reading of Ordinance No. O-95-17 and transmit tiffs land use amendment to the Department of Commtmity Affairs, and also announce the intentions of the City Council to hold a second public hearing after receiving the Department of Community Affairs' comments. ROLL CALL: Vice Mayor Corum - aye Mrs. Ca_mmght - absent Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye Regular City Council Meeting June 28, 1995 Page Four CONSENT AGENDA All items on the consent agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. Approval of Minutes ~ 6/14/95 Workshop, 6/14/95 Regular Meeting, 6/21/95 Special Meeting 95.118 RESOLUTION NO. R-95-38 - Vacation of Easement (City Clerk Transmittal dated 6/21/95, R-95-38, Application, Survey, No Objection Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THE SOUTH TEN FEET OF THE NORTH TWENTY FEET OF LOT 5, BLOCK 257, SEBASTIAN HIGHLANDS UNIT 10, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 6-37D, 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. The City Manager read the consent agenda and the City Attorney read Resolution No. R-95-38 by title only. MOTION by Comm/Halloran I move approval of item A and B of the consent agenda and that is the entire consent agenda. ROLL CALL: Mrs. Cartwhght - absent Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corem - aye MOTION C)~RRIED 4-0 4 Regular City Council Meeting June 28, 1995 Page Five 9. PRESENTATIONS None. 10. COMMITTEE REPQRTS/RE COMMENDATIONS 95.028 A. Tree Advisory_ Boar0 Grant Use of City. Manager's Conference Room for Board Meetings the First Monday of Each Mop. th Effective August 1995 at 5:30 p.m. (City_ Clerk Transmittal dated 6/20/95L C)- 95,01 Sec. 20A-14.16) The City Manager briefly explained the request. Vice Mayor Corem additionally requested use of the conference room for July 10, 1995 at 5:30 p.m. MOTION by Comm~amp I move that the Tree Advisory Board be granted the availability of the City Manager's Conference room the frrst Monday of each month effective August 1995 at 5:30 p.m. and also move to approve the use of the City Manager's Conference room for the July 10th, for the Tree Advisory. Board to meet. ROLL CALL: Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corem - aye Mrs. Cartwright - absent MOTION CARRIED 4-0 Regular City Council Meeting June 28, 1995 Page Six 95.044 Vice Mayor Corum requested City Council consensus to enable the City to become a "Tree City U.S.A." under the auspices of the Tree Advisory Board. MOTION by Comm~alloran I would make a motion for the Tree Advisory Board to take on the task of the City of Sebastian becoming a Tree City U.S.A. ROLL CALL: Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corum - aye Mrs. Cattwfight - absent Mrs. Damp - aye MOTION CARRIED 4-0 B. Fourth oC[uly Committee Request for "Animal Petting Zoo" in Riverview Park - 7/4/95 (City. Manager Transmittal dated 6/21/95) The City Manager noted the code prohibits animals in City parks, therefore, City Council must grant special permission if it wishes to. Dave LaPorte responded to questions from Council. He stated that he had public liability insurance in the amount of $100,000 and would present it to the City prior to the 4th of July. MOTION by Damp/Corum I move that we grant the request for the animal petting zoo at Kiverview Park for the 4th of July. Vice Mayor Corum added "with the conditions of the proof of the insurance to Mr. Koford" and Mrs. Damp agreed. Regular City Council Meeting June 28, 1995 Page Seven ROLL CALL: Mayor Firtion Vice Mayor Corem Mrs. Cam~ght Mrs. Damp Mr. Halloran - absem -~e MOTION CARiLIED 4-0 95.088 C. Code Enforcement Board - Interview Applicants and Appoint to Following Positions (Director of Community Development Transmittal dated 6/21/95, Memo dated 6/21/95, Eight Applications) a. Expired Resident Member Position to Expire 3/98 (Board Recommends Dave Costa) b. Expired Subcontractor Position to Expired 2/97 (Board Recommends Ken Cosco) c. First Alternate Position to Expire 6/98 (Board Recommends Albert Goelz) d. Second Alternate Position to Expire 6/98 (Board Recommends Nell Duval) The following were recognized by Mayor Firtion from the sign-up sheet: Mack May, resubmitted an application to City Council for a position being considered. Herbert Sturm, 549 Saunders Street, Sebastian, spoke on the Code Enforcement Board. Sal Neglia, 461 Georgia Boulevard, Sebastian, said he had recommended Mr. May originally. MOTION by Corem/Damp I move to add Mr. Mack May's application to the list of applicants for Code Enforcement th/s evening. 7 Regular City Council Meeting June 28, 1995 Page Eight ROLL CALL: Vice Mayor Corum - aye Mrs. Can-~t - absent Mrs. Damp - aye Mr. Halloran - nay Mayor Firtion - aye MOTION CARRIED 3-1 (Halloran - nay) The following applicants were interviewed by City Council: Dave Costa, Ken Cosco, Albert Goelz, and Mack May. Expired Resident Member Position to Expire 3/98 MOTION by Corem/ I move for Council to accept Mr. Mack May's application to the expired resident position for three years to expire March 1998. Motion died for lack of a second. MOTION by Damp/Corum I move for A1 Goelz for the resident position to expire 3/98. ROLL CALL: Mrs. Cartwr/ght - absent Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corum - aye MOTION CARRIED 4-0 Expired Subcontractor Position to Expire 2/97 MOTION by ContrrffDamp I would move to accept Mr. Mack May's application for the subcontractor position for the three year term to expire on February 1997. Regular City Council Meeting June 28, 1995 Page Nine ROLL CALL: M_rs. Damp Mr. Halloran Mayor Firtion Vice Mayor Corum Mrs. Carv,vright - aye - aye - aye - absent MOTION CARR/ED 4-0 First Alternate Position to Exp/r.e MOTION by Damp/Corem I move that we accept Mr. Cosco's application for first alternate, expiration June '98. ROLL CALL: Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corum - aye Mrs. Cartwright - absent Mrs. Damp - aye MOTION CARRIED 4-0 Second Alternate Position to Expire 6/9.$ MOTION by Comm/Halloran I would move that we do not appoint a second alternate member position at this time. ROLL CALL: Mayor Firfion - aye Vice Mayor Corum - aye Mrs. Carrwri t - absent Mrs. Damp ~ aye Mr. Halloran - aye MOTION CARRIED 4-0 Regular City Council Meeting June 28, 1995 Page Ten 11. OLD BUSINESS None. 12. NEW BUSINESS 95.096 A. Bid Award - Telephone System to Bell South, $34~Z~79L45 Subject to Meefin~ Provisions for Base Bid. Add/Alternate No. 1 and Add/Alternate No. 3: Include T-111 Card (Director of Community Development Transmittal 6/20/95. Bid Specifications. Bid Tabulation. Bid DescriptionSummaryL Bid Clarifications. Bell South The City Manager gave a brief explanation of the bid and recommendation and introduced Cliff Wright and Francis RhJanesmith of Bell South. The Zoning Technician was present to answer Council questions. MOTION by Halloran/Damp I move to award the phone bid to Bell South, in the mount of $34,279.45 subject to vendor meeting all provisions for the base bid, Add/Alternate No. 1, and Add/Alternate No. 3, as outlined in the phone system specifications for City Complex dated March 16, 1995 and Addendum No. I thereto dated April 4, 1995. Amounts awarded to include aT-II1 card. ROLL CALL: Vice Mayor Corum - aye Mrs. Cartwright - absent Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye MOTION CARRIED 4-0 Mayor Firtion called recess at 8:15 p.m. and reconvened the meeting at 8:21 p.m. All members present at roll call were present. 10 Regular City Council Meeting June 28, 1995 Page Eleven 95.029 B. ORDINANCE NO. 0-95-03 - Parking in Residential Districts (City Clerk Transmittal dated 6/22/95, 0-95-03) 1st Reading, Set Public blearing 7/26/95 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE CODE OF ORDINANCES, RESTRICTING PARKING IN RESIDENTIAL DISTRICTS AND ON STREET RIGHTS-OF-WAY, PROVIDING DEFINITIONS, SETTING PENALTIES FOR VIOLATIONS, PROVIDING METHODS FOR ENFORCEMENT, PROVIDING FOR SEVERABILITY, PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-95-03 by title only. Herbert Storm suggested amending the ordinance by adding "rated capacity". The City Attorney concurred to add "rated carrying capacity" to Section 5. Following a lengthy discussion of Section 6, and a suggestion to strike "in front of any unimproved lot", the City Clerk called for a consensus for clarification purposes. The consensus of the Council was to have the clause relilairl. MOTION by Corem/Damp I move Council approves the f~rst reading and sets the public hearing for July 26, 1995 on Ordinance 0-95-03 with the change in item 5 to add the word "rated" between the word "a" and "carrying". ROLL CALL: Mrs. Cartwright - absent Mrs. Damp - aye Mr. Halloran ~ aye Mayor Firtion - aye Vice Mayor Corem ~ aye MOTION CARRIED 4-0 11 Regular City Council Meetings June 28, 1995 Page Twelve 95.120 C. RESOLUTION NO. R-95-37 - Fraternal Order of Police - Collective Bargaining Agreement (Human Resources Director Transmittal dated 6/21/95, K-95-37, Addendum to Contract) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORiDA, RATIFYING AMENDMENTS TO THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND THE FRATERNAL ORDER OF POLICE, FOR THE THIRD YEAR OF A THREE YEAR CONTRACT FROM 10/01/94 THROUGH AND INCLUDING 9/30/95; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-95-37 by tifie only. The Personnel Director addressed the City Council and was commended for her outstanding work with the City's unions. MOTION by Corum/Halloran I move to approve the addendum to the collective bargaining agreement and adopt Resolution No. R-95-37 authorizing the City Manager to approve the addendum to this contract. ROLL CALL: Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corum - aye Mrs. Cartwright - absent MOTION CARRIED 4-0 12 Regular City Council Meeting June 28, 1995 Page Thirteen 13. 14. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Which is not otherwise on the agenda - limit often minutes for each speaker Sal Neglia, Georgia Boulevard, Sebastian, discussed special use perm/ts; Harry Thomas, 654 Balboa Street, Sebastian, inquired about the date of the 180 hearing; A1 Vilardi, 445 Georgia Boulevard, Sebastian, spoke on the utility system, audit report, airport and golf course. CITY COUNCILMATTERS A. Vice Mayor Carol.vttComm Vice Mayor Corum inquired about the date of the 180 hearing and the City Manager suggested it be July 19, 1995 at 7:00 p.m; reported that city staff had killed trees at Blossom Lake Park, noting that there were three or four six to eight foot bald cypress trees (taxodiumdistichum) which were approximately seven years old, and it was the consensus of City Council that the trees be replaced to which Vice Mayor Corum responded that trees of a lesser height would be acceptable if necessary; and questioned when City Council would receive permit fee changes. B. Mrs. Louise Cartwri~t Absent. C. Mrs. Norma Damp Mrs. Damp announced that George Bonacci had received certification as a Building Official. D. Mr. Ra_vmond Halloran None. 13 Regular City Council Meeting June 28, 1995 Page Fourteen E. Mayor Arthur Firtion Mayor Firfion explained the Airport West road improvement funds will come from the Airport enterprise fund. 15. CITY ATTORNEY MATTERS None. 16. CITY MANAGER MATTERS The City Manager requested official action on the public hearing. MOTION by Corem/Damp I move to put the issue of utilities on the agenda tonight. ROLL CALL: Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corum - aye Mrs. Cartwri~t 4 absent Mrs. Damp - aye MOTION CARRIED 4-0 The City Manager recommended that the FS 180.301 hearing be conducted on July 19, 1995 at 7:00 p.m. MOTION by CommiDamp t move to set the public hearing for Florida Statutes 180.301 for July 19, 1995 at 7:00 p.m. 14 Regular City Council Meeting June 28, 1995 Page Fifteen ROLL CALL: Mayor Firfion Vice Mayor Corurn Mrs. Cartwri~t Mrs. Damp Mr. Halloran - absent MOTION CARRIED 4-0 17. Being no further business, Mayor Firfion adjourned the meeting at 9:05 p.m. Approved at the Meeting. 1995, Regular City Council Arthur L. Firtion, Mayor Kathiyn M. O'Halloran, CMC/AAE City Clerk 15 I City of Sebastian 1225 MAIN STREET u SEBASTIAN, FLORIDA 32958 TELE~'.ONE {~ s89-s330iNUTE ° F^x (~7)s89-~sTo SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, JULY 12, 1995 7:00 PM OR SOON TI-IEI:~AFTER CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS ilia Y BE INSPECTED iN THE OFFICE OF THE CITY CLERK. 1225 MAIN STREET, SEBASTIAN, FLORIDA Individuals shah address the City Council with respect to agenda items immediately prior to deliberation of the item by the City Council if they have signed the sign-up sheet provided prior to the meeting- limit of ten minutes per speaker (R-95-23) Mayor Firtion called the Regular Meeting to order at 7:05 p.m. The Pledge of Allegiance was recited. Reverend Paul Hauenstein, Christ the King Lutheran Church, gave the invocation. City Council Pres.enE Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Mrs. Louise Cartwright Mrs. Norma Damp Mr. Ra~vraond Halloran Staft Present: City Manager, Joel Koford City Attorney, Timothy Williams City Clerk, Katlu3m O'Halloran Director of Conununity Development, Bruce Cooper Deputy City Clerk, Sally Maio Regular City Council Meeting July 12, 1995 Page Two AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon unanimous consent of the Council members present (R-95-23) 95.013 Mrs. C~ght requested removal of item 7A - Ordinance No. O-95-19, Accessory Buildings due to an error in the body. She requested that the public hearing be reset for August 9, 1995. The City Clerk asked if this was a motion and Mrs. Cartwright said it was. Vice Mayor Corum seconded. ROLL CALL: Vice Mayor Corum - aye Mrs. Canwd~t - aye Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye MOTION CARRIED 5-0 PROCLAMATIONS AND/OR ANNOUNCEMENTS The City Clerk read the public notice for the 180.301 FS hearing on July 26, 1995 (see attached). PUBLIC HEARING. FINAL ACTION A. ORDINANCE NO. O-95-19 - Accessory Buildings AN ORDINANCE OF THE CITY COUNCIL OF THE CITY SEBASTIAN, FLORIDA, AMENDING THE CODE OF ORDINANCES, REGULATING ACCESSORY BUILDINGS, PROVIDING DEFINITIONS, PROVIDING FOR SEVERABILITY, PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE. (Discussion 5/24/95, 1st Reading 6/14/95, Advertised Legal Notices 6/28/95, PH 7/12/95) This item was previously removed and rescheduled for August 9, 1995. Regular City Council Meeting July 26, 1995 Page Three CONSENT AGENDA Ail 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. 95.121 ho Michelle Jones - Request Use of Community Center ~ 7/29/95 - 8 p.m. to I a.m. - MB - Security Paid - Proof of Age Submitted (City Clerk Transmittal dated 7/5/95, Application, Pg 3 of R-94-50) 95.122 RESOLUTION NO. R-95-4.0. - Vacation of Easement (City Clerk Transmittal dated 7/5/95, R-9540, Application, Survey, Letters of No Objection) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTiNI. JING THE NORTH FIVE FEET OF THE SOUTH TWENTY FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT OF LOT 9, BLOCK 339, SEBASTIAN HIGHLANDS UNIT 13, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 7-82C, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLOR1DA; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS 1N CONFLICT HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN EFFECTIVE DATE. The City Manager read the consent agenda, the City Attorney read Resolution No. R-95-40 by title only and both consent agenda items were removed for discussion. Item A The City Attorney said there was essentially no substantial liability for the City by Council extending the time of the event and approval for use of alcoholic beverages. Regular City Council Meeting July 12, 1995 Page Four MOTION by Halloran/Cartwright I move to approve the request by Michelle Jones for use of the Community Center on 7/29/95, 95.121. ROLL CALL: Mrs. Cartwright - aye Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corum - aye MOTION CAR~ED 5-0 Vice Mayor Corum requested that the Engineering Dept. state its reasons for no objection to a vacation of easement and Mrs. Cartwright received a consensus of City Council that all vacation of easement applications be reviewed by Craven and Thompson, the City's stormwater consultants. MOTION by Corum/Cammght I move we postpone Resolution No. R-95-40. ROLL CALL: Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corum - aye Mrs. Cam~ght - aye MOTION CARRIED 5-0 9. PRESENTATIONS - None 4 Regular City Council Meeting July 12, 1995 Page Five 10. COMMITTEE REPORTS/RECOMMENDAT!O_NS A. CONSTRUCTION BOARD 95.123 1. 11. Accept Resi_maation of Keith Miller Effective Immediately (Director of Communi _tyZ)evelopment Transmilgal dated 6/26/95~ Miller Letter) MOTION by Can-wright/Damp I move to accept the resignation of Keith Miller with regret and want to thank Mr. Miller for his service to the City. ROLL CALL: Mr. Halloran - aye Mayor Fin:ion - aye Vice Mayor Corem - aye Mrs. Cartwright - aye Mrs. Damp - aye MOTION CARRIED 5-0 OLD BUSINESS - None 95.098 12. NEW BUSINESS Consulting Engineer Rate Structure - Mastetler & Mo[er. Inc. - Authorize Mayor and City Clerk to Execute Professional Serv/ces · A~eement and Rate Structure (City_ Manager Transmittal dated 7/6/95. Pror~osed A~eement w/Attachments) The City Manager gave a brief history for the resulting proposed agreement with Mastetler and Moler. Regular City Council Meeting July 12, 1995 Page Six 95.124 MOTION by Cartwright/Halloran I move to recommend the City Council authorize the Mayor and the City Clerk to execute the proposed agreement and rate structure with Masteller and Moler, Inc. ROLL CALL: Mayor Firtion - aye Vice Mayor Corum - aye Mrs. Cartwright - aye Mrs. Damp - aye Mr. Halloran ~ aye MOTION CARRIED 5-0 Armrove Professional Services A~eement - Golf Course Professional Manager - Appoint Patrick Ceoan (City Manager Transmittal dated 7/6/95. Golf Professional Service A~eement. Resume) The City Manager introduced Patrick Cerjan and Mr. Cerjan's attorney, Mr. Garavaglia, and gave a brief history on the advertisement and selection of a golf pro/manager. Mrs. Cartwright stated "i spoke to Mr. McClelland this afternoon and we need to make one clarification before the public input, before we go on, and that is that the City Council is here tonight to approve the contract only. We cannot not nor will we approve the decision to hire Mr. Cerjan. That is a City Manager choice. We accept his choice if that is the decision of Council, however, the packet is incorrect according to Mr. McClelland in that tonight we are only approving the contract, the choice is solely Mr. Koford's." Regular City Council Meeting July 12, 1995 Page Seven Frank Oberbeck, 601 Layport Drive; A1 Vilardi 445 Georgia Boulevard; Gerald Oltman, 258 Mare Street; Bob Freeland, 733 Wentworth Street; Thomas Wojciekowski, 425 Peterson Street; Barrett Balthager, 679 SW Bay Harbor Terrace; TAPE I - SIDE II (7:53 p.m.) and Robert Beebe, 278 Mare Street; all of Sebastian, addressed City Council. The City Manager recommended three minor amendments to the contract on page 3, paragraph 9 to provide for submittal of a program proposal by September 1, 1995; page 6, paragraph 7(2) to delete "either mutual agreement of the parties or by"; and page 7, paragraph 3, last sentence, last line, add "by the City" between "purchased" and "at". Mr. Oberbeck again addressed City Council. A fairly lengthy discussion followed. Vice Mayor Corum expressed concern for the manner in which the advertisement was placed and lack of financial background on Mr. Cerjan. Mrs. Cartwfight inquired what effect Mr. Cerjan's appointment would have on current employees. The City Manager said there would be no effect at this time. Mrs. Cartwright recommended an addition to page 3, paragraph 2(3) to add "He will notify the City Manager of his fees and any changes to his fees." City Council concurred. Mrs. Cartwfight suggested other changes but no additional changes were made. Patrick Cerjan addressed City Council, assuring that Jumor Golf would continue. Regular City Council Meeting July 12, 1995 Page Eight MOTION by Damp "I move that the Council approve the contract or services agreement with Patrick Cerjan as the City of Sebastian golf professional effective July 12, 1995". The City Clerk inquired whether it was proper to include Mr. Cerjan's name in the motion if City Council was only to approve the contract. Mrs. Damp restated her motion, "approve the contract as the City of Sebastian golf professional effective July 12" and Mr. Halloran seconded. Mrs. Damp then added "with the inclusion of the changes that were discussed this evening" and agreed with "as of July 13, 1995". The City Attorney suggested another motion to approve the appointment of Patrick Cerjan. ROLL CALL: Vice Mayor Corum - nay Mrs. Cartwright - aye Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye MOTION CARRIED 4-1 (Corum - nay) It was decided that a motion to appoint Mr. Cerjan was not needed. Mayor Firtion called recess at 8:35 p.m. and reconvened the meeting at 8:43 p.m. All members were present. 8 Regular City Council Meeting July 12, 1995 Page Nine 95.043 C. ORDINANCE NO. Or~5-2~ - Amending 0-95711 Occupational License Fees (City Clerk Tran,s, mittal dated 7/6~95, 0-95-20, Excerpt of 6/14/95 Minutes w/Exhibit 'B") 1st Reading, Set Public Hearing for 8/9/95 AN ORDINANCE OF THE CITY OF SEBAST, ~L~, INDIAN COUNTY, FLORIDA, AMENDING CHAPTER .~0, SECTION 00.51, ARTICLE II, OF THE CODE OF ORDINANCES; REVISING THE OCCUPATIONAL LICENSE TAX FEE SCHEDULE; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-95-20 by tide only. MOTION by Comm/Halloran I move to approve the first reading and set the public hearing for Ordinance No. 0-95-20 for 8/9/95. ROLL CALL: Mrs. Cartwright - aye Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corum - aye MOTION CARRIED 5~0 Regular City Council Meeting 3uly 12, 1995 Page Ten 95.125/ D. 94.242 RESOLUTION NO.R-95-39 - Quasi-Judicial Procedures (City Clerk Transmittal dated 7/6/95, R-95-39) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REVISING PROCEDURES FOR QUASI-JUDICIAL HEARINGS; SETTING OUT RULES; DESIGNATING THE CONTENTS OF THE RECORD; ESTABLISHING PROCEDURES FOR EVIDENTIARY RULINGS; PROVIDING FOR CONFLICTS AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-95-39 by title only. TAPE II - SIDE I (8:50 p.m.) MOTION by Cartwfight/Darnp I move to adopt Resolution No. R-95-39. ROLL CALL: Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corum - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 13. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Which is not otherwise on the agenda - limit often minutes for each speaker Jean Brantmeyer, 1742 Starfish Lane, Sebastian, addressed City Council on parking regulations and submitted photos. Sal Neglia, 461 Georgia Boulevard, Sebastian, discussed problems with Capital Sanitation. Thomas Wojciekowski, 425 Peterson Street, Sebastian, spoke on matters discussed under introduction of New Business from the Public. i0 Regular City Council Meeting July 12, 1995 Page Eleven 14. CITY COUNCIL MATTERS A. Mrs. Louise Cam~ght 95.126 Mrs. Cartwright proposed an informal City Council workshop with the business community, with deparunent heads present, to hear its concerns and to develop a working relationship. It was the consensus of City Council to schedule a workshop. Mrs. Cartwright inquired about the schedule for installation of experimental lighting on CR 512 sidewalks and commended all those involved in the 4th of July festivities. C. Mr. Raymond Halloran Mr. Hailoran requested that "Discussion and Consideration of the Capital Sanitation Franchise" be placed on the July 26, 1995 agenda. B. Mrs. Norma Damp Mrs. Damp requested a copy of the pending list for agenda items from the City Clerk, inquired whether REACT can add a sign to the community organization sign, inquired about SBCCCI Standard Housing Code compliance, and requested a report on airport land, developed and undeveloped, for the July 25, 1995 Economic Development Council meeting. D. Mayor Arthur Firtio.n Mayor Fin/on asked the City Manager to contact Capital Sanitation and request that they man the/r phones; and said he had received a fax from a man from Virginia who wants to lease airport property. Mrs. Damp noted that certain areas of Schumann fight-of-way will be mowed today. II Regular City Council Meeting July 12, 1995 Page Twelve E. Vice Mayor Carolyn Corem Vice Mayor Corum suggested that certain fights-of-way not be mowed where not needed. 15. CiTY ATTORNEY MATTERS None. 16. CITY MANAGER MATTERS The City Manager reported that he had received draft language for various fees; advised City Council members to view the Yacht Club pier improvements after dark; said the budget is in its final stages and may be a few days late; reported he will meet with the auditors the first of next week for the exit interv/ew, had advised them to meet with each Council member individually and that they would probably present the final audit at the July 26, 1995 meeting. 95.127 The City Manager said he had received a request from Indian River County to close Wentworth Street on July 29, 1995 for a 3K Run in conjunction with the formal opening of CR512, however, due to a policy established by Council not to close streets, felt it necessary to take this matter to Council. TAPE II - SIDE II (9:35 p.m.) Following some discussion there was a 3-2 consensus to approve the request (Corum, Halloran - nay). 17. Being no further business, Mayor Firtion adjourned the Regular Meeting at 9:37 p.m. 12 City of Sebastian 1225 MAIN STREET a SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 a FAX (407) 589-5570 CITY COUNCIL AGENDA TRANSMITTAL SUBJECT:Reappointment of Harry DiSalvio and Phillip Foster to Handicapped Self-Evaluation Committee No: /'2 DEPT. ORIGIN: Human Resources DATE SUBMITTED: 7/18/95 APPROVED FOR SUBMITTAL: City Manager' .~ Expenditure Required: N/A MEETING DATE: 7/26/95., EXHIBITS: Applications of Harry DiSalvio and Philip Foster. Amount Budgeted: N/A Appropriation Required: N/A SUMMARY STATEMENT Harry DiSalvio and Phillip Foster are regular members on the Handicapped Self- Evaluation Committee with terms that expired in June, 1995. They are both eligible for reappomtment for three year terms to expire in June, 1998. These positions were advemsed and no other applications were received. RECOMMENDATION Accept reappomtment of Harry DiSalvio and Phillip Foster to the Handicapped Self- Evaluation Committee for three year terms to expire in June, 1998. d. In the event that the City Council fails to reappoint a member for any reason prior to the expiration of the member's term, the member shall continue to serve until reappointment is ratified or a new appointment is confirmed. e. Whenever a current or former member of an appointive board, commission or committee is being considered for appointment or reappointment to an appointive board, commission or committee, the City Council shall consider the number and nature of the memoranda of conflict previously filed by such individual pursuant to Section !!2.3143 of Florida Statu~es. UNEXPIRED TERM. In the event that a vacancy occurs prior to the expiration of the term, the chairperson of the respective board, commission or committee shall place the filling of such term on the agenda of tb~e next regular meeting or call a special meeting for the sole purpose of considering the filling of such vacancy. The board, commission or committee may recommend ~he filling of the unexpired term by appointment of an alternate member or another applica~nt for the position. The City Council shall review the recommendations of the board, commission or committee prior to exercising its discretion in filling the unexpired term. a. The City Clerk shall, by press release in a newspaper of general circulation in the City of Sebastian, notice open positions at the request of board secretaries. INTERVIEW. The respective board, commission or committee may interview an applicant at a public meeting however, the City Council shall interview each applicant at a public meeting, and shall vote for their selection at a public meeting designated for such purpose. a. Prior to suspending or removing a member of an appointive board, commission or committee, the City Council shall specify sufficient facts to advise the affected member as to the basis for his or her suspension or removal, provide reasonable notice, and an opportunity to be heard prior to any action being taken. b. The City Council may suspend or remove from office any member of an appointive board, commission or committee, for malfeasance, misfeasance, neg!ec~ of duty, habitual drunkenness, incompetence, or permanenc inability to perform his or her official duties. 7 APPL_rCATZON TC SERVE ON C5T¥ 2. EOME ADDRESS: TELePhONE: ~ 6. BUSINESS TELEPHONE: V /~ ~ ~b 3 ~ 8. DRIveRS L~C~NSE ~BER: /~ ~ 9. KES~E OF EDUCATION ~ EXPE~ZENCE: Ar~ ~cu a r~sident of the Cit?? !2. Length of Residency Dc ~ou hold a public office? Yes No____/ Do you seize on a Cit-f Board at present? Yes ~/.'Nc___ PLEASE CHECK T~E BOARD(S) YOU ARE iNTERESTED iN SERVTNG 0N~ (~!ease nuunber in order of ~reference with first choice being *BOARD OF ~:~DZUSTMENT ------ C~METERY COM/~--ZTTEE -------- *CODE ENFORCEMENT BOARD *CONSTRUCTION BOARD ------ *p~ANNXNG .~2~D ZONING ------- Wha= qualifications do you have to ser-~e on.....this board? !7. What reasons do you have for wishing to se~e on an advisc~ bcard? 18~.~ H~ou ever been convicted of any felony or any mi~deme~anor invo!v!ng moral ~u~i~ude i~ this or any Yes No ~/ .... 19.. Would pou consider se~ing on another Board o~he= ~han the one(~) you selected above? Yes /' No which ~his a~91lca=ion ts made. Further, i hereby authori=e ~he Ci~ of Sebastian to investigate ~he Tru~hfu!ness of al! info~ation which i have Drovlded in This aDD!!ca~ion. ~dersTand =ha~ any misrmDresen~a~ion or omission of info~ation r~es~ad in ~his a~!!caTLon is cause for dis~a!ifica~ion or removal. i understand That the CitE_ Council of the Cit? of SEBASTIAN may suspend or remove from office any municipal board member for malfeasance, misfeasance, neglected dutlZr habitual d~--unkenness, incompetence, or permanent inaDiliL-~ to perform b_ts official duties. Further, I understand ~hat ~he Cit-f_ Council may suspend any municipal board member who is arrested for a felony or for a misdemeanor related to the duties of his office or who is indicated or informed against for Uhe commission of any feionv or misdemeanor. - - I hereby authorize the Sebastian Police Department to ~ an active warrant ci~eck on me. Subscribed and sworn to before me this ~ day of {~_z/~u~ ~0 me or has ~roduced ,z, .~ ~ ~, ~ - as lden~_f_ca~lon. No~'a-~ Pub!~,c, £ta'ce of -~orida Name of Nc~a---F_ (Printed or T_v~ed) Commlsslon NO. lws-form\appiication APPLICATION TO SERVE ON CITY BOARD 6 - BUS INESS TELEPHONE: ~ 7. SOCIAL SECURITY ~ER:~/.' f~ ' ~ 9. R~$~E OF EDUCATION ~ EXPER!~NCE: ~/2~W ~'~/~/2~ {~'{~g. (use additional sheens if nec~ssa~ or submit res~e if av~!abie} Yes~ Nc !I. Are you a resident of ~he Ci~? 12. Length of Residency ~ /~Y" -- 14. Do you se~e on a Ci~ Board a~ present? Yes L S. PLEASE CH~CR THE BOARD(S) YO~ ARE _N (Please n~ber in order of preference with firs~ choice being "!" } *BOARD OF ~STMENT CEMETERY C0~ITTEE *CODE ENFORCEMENT BOARD *CONSTRUCTION BOARD *PLA~!NG ~ ZONING F~ ICAPPED C0~!TTEE ./ ~ 6 What ~a!ificat~ons ao Fou m~- ~ - ~ ...... ~r/ ~ ~.,://v~ ~' _ . % ...... ~ ~~~" ~ ....... !7. Wha~ reasons do you have for wisi~ng ~c seize cn an adv~sc~r ~./ ~?~Z~/: ,2/ ~ ~~? P/: ~ 'g ~ :/ , 18. Have you ever been convicted of any felony or any misdemeanor invo!vinq moral tu-~itude in tk!s or any s~ata? Yes !9.. Would you consider se~inq on another Board other ~han the one(s) you selected above? Yes No which this application is made. Further, I hereby authorize the Cit? of Sebastian to invesTiqate the t_~-utkfulness of al! information which i have provided in this app!ica=ion. understand that any misrepresen=at!on or omission of information requested in ~his app!ica=ion is cause for d!scfua!£fica=ion or removal. i unders=and =ha= the Cit-f Council of the C!~--Z of SEbASTiAN may suspend or remove from office any municipal board member for malfeasance, misfeasance, neglected du%-~., habitual dr~enness, incompetence, or pe_~-manenT inabi!i~ to perform his official du~_es. FurTher, I understand =hat-the Cih-~ Council may suspend any municipal board member who is arres=ed for a fe!onv or for a misdemeanor related to the du%ies of his office or who'is indicated or infozhmed agains= for the conuuission of any felony or misdemeanor. _ % hereby authorize the SebasTian Police Departm. eh= ~o run an active wa.--r~n= check on me. ?HILLIP R. FOSTER Subscribed and sworn to before me this 23rd day of June 19 95 b.v PHILLIP ~. FOSTER ......... ' , w~o is personal!~ k~own~ ~o me or has .~roduced FL Driver License{/ 0as identification. s~z) kws-fcrm\app!£catlon No-amy pu~q_£'c, Stare of Florida Nancy R. Barker Name of Notary (pr~Ln=ed or T?ped) CC 195969 ,, City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MEMBER TO THE PLANNING A~D ZONING COMMISSION, TERM TO EXPIRE NOVEMBER 1995 SUBJECT: APPOINTMENT OF ALTERNATE) Agenda Number: ) ) Dept. Origin: ) ) ) Date Submitted: 7/18/95 Approval for Submittal By: City Manager For Agenda Of: Exhibits: 2. Community, Developmen~ (aC) 7/26/95 Applications Memo dated 7/7/95 from Planning and Zoning Commission Secretar~ Memo to Planning and and Zoning Commission dated 6/28/1995 from D. Bosworth EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT On June 14, 1995, Mr. Joseph Schulke was appointed by the City Council to a 3-year regular member position, term expiring June 1998. Applications for the vacant alternate member position were advertised to the public and were accepted until June 28, 1995. Residents with an application on file for no more than 6 months were also notified of the open position. Board members were given a memorandum from Dorri Bosworth, Board Secretary, suggesting the designations of the alternate members be eliminated in order to save the City advertising costs, time, and extra paperwork when filling a vacant alternate position (Exhibit ~3). The Commissioners discussed the proposal, and made a motion to recommend to City Council to suspend the designations. Ms. Brantmeyer would remain an alternate member, becoming "senior" alternate only to begin the rotating voting schedule when regular members are absent from meetings. Agenda Cover Sheet P & Z Commission, Alternate Position Page Two After its review of all the applications at its July ~, 1995 meeting, the Planning and Zoning Commission passed a motion to recommend to City Council to appoint Ms. Shirley Kilkelly to an alternate member position, term expiring November 1995. 5owever, the provisions of Section 10, Resolution R-94-51, requires the City Council to interview each applicant at a public meeting prior to voting for their selection. There are two applicants in addition to Ms. Kilke!ly, and copies of their respective submittals are attached. RECOMMENDED ACTION Eliminate the designations of "lst" and "2nd" for the alternate member positions. Interview the applicants prior to voting for your selection. r~ ?ou a resident of the Lengtn Cf Residency Do ~ou hold a public office? LO. ii. 12. 13. 24. !5. Do ?ou se~e on a C£t-f Board at present? =.es__ PLEASE CHECX THE ~OARD(S) YOU ARE INTERESTED IN SE~VTNG ON: bein~ "l") *BOARD OF ~STMENT , CEMETERY COMMITTEE *CODE ENFORCEMENT ~OARD .CoNSTRucT!ON ~OARD *~LA~!NG AND ZONING ~ND !CA~PED CCMMITTEE '.f' t~ons do you have to sa~e on this !6. What qualm zca - _ ~ LT. Wha~ reasons dc you have for wishing to set,re on an advisc~ 18';- Ha~" you ever been convict~d of any felony or a~v ~sdemea. mor £nvolvinq moral turpitude An this or any stats? !9.~ WOuld ~o~ consider se~ing on another B~ other than the one(s) !cu selected above? Yes No I hereby certify that Z am qualified to hold the position for which this application £s made. Further, % hereby authorize the information which i hav~ provided in this understand that any misrepresentation or omission of information reques%ad in this application As cause for disqua!ifica%ion or removsl. % understand that the Ci~I Council of the Cit? of SEBASTIAN may suspen~ or r~move from office any municipal board member for malfeasance, misfeasance, neqlscted du~f~ habitual d~nkenness, incompetence, .or permanent.inabilit-f to perform his official duties. Fur~rher, ~ understand that the Cit-_~ Council may suspend any municipal board member who is arrested for a felony or for a misdemeanor related to the duties of his office or who is indicated or informed against for t~e commission of an~ felony or misdemeanor. ! hereby authorize the Sebastian Rolice De_uar~men~ to run an active warrant check on me. has produced No~a_-~_ ~uOlJ. c, S~tm of F!~rida Name of Nc~a~-_¢ (PrLnted or T?ped), Commission No. ~ws-form\application 995 r. ',ESS: HOME TELEPHONE: BUSINESS ADDRESS: APPLZCATT_ON TO SER~v-E O_N_N 'CITY BCAKD . 7. SOCIAL S E~J~ZT~ (use additional s~eets ~f nec~ssa~ cr submit LO. ll. 12. 13. !4. Do ~ou hold a public office? Dc you se-~-ve on a Cit-f Board az present? PLEASE CHZCZ THE BOARD(S) TOU ARE INTERESTED iN SERVING ON: (Please number in order of preference with fir-' beinq "l") *BOARD OF .~Do--JSTMENT , CEMETERY COMMITTEE *CODE ENFORCEMENT BOARD ~'Z'/. *CONSTRUCTION BOARD *PLANNING AND ZON~NG / F.A~NqDZCAPPED COMMITTEE '. Y~S No ~ 19.. Would you consider saucing on another Board other than the / one(s) you selected above? Yes No ~~ rmmovai. I u~uders~az~d that the Ci~ Council of the Ci~f of SEBASTI~-M may suspend or remove from office any municipal board member for malfeasance, misfeasance, neglected dui-f, habitual d~enness, incompetence, or pe~-m~nent inabi!it-~_ to perform h~s official duties. F~ther, ! ~ders~and that ~he Ci~ Council may suspend misdeme~or r~latad to the duties of his office or who is misdeme~or. I her~b? authorize the Sebastian Police De9az-tment to _--un active was~nt check on me. Subscribed ~d swoz~% to before me th_is r-has produced ( No~a~ PuOiic, State of Florida Name of No:a~---_¢ (Prin~-d or T?p_ed) Commission No. \ws~form\application i A~E: APPLICATION TO SERVE ClN CITY BOAR__~D SHIRLEY H. KiLKELLY 3. 4. 5. 6. HOME ADDRESS: HOME TELEPHONE: (407) 589-5062 BUSINESS: n/a BUSINESS ADDRESS: BUSINESS TELEPHONE: 32958 950 Franciscan Ave., Sebastian, FL 7. SOCIAL SECURITY NUMBER: 8. DRIVERS LICENSE NUMBER: 9. RESUME OF EDUCATION AND EXPERIENCE: ]~.S. in Mech. Engrg. 33 yrs. systems test engrg incl. planning, procedures, project leader, and reports. (use additional sheets if necessa~! or sUumit resume if available) 10. Voter registration no. ii. Are Iou a resident of the City.? Yes ~_~_t No__ 12. 13. 14. 9years + Length of Residency 9 Do you hold a public office? Tee__ No ~ Do Fou serve on a Ci~f Board at present? Yes No X 15. PLEASE CHECK THE BOARD(S) YOU ARE INTERESTED IN SERVING ON: (Please number in order of preference with first choice being "!") *BOARD OF ADJUSTMENT __ CEMETERY COMMITTEE *CODE ENFORCEMENT BOARD *CONSTRUCTION BOARD *PLANNING AND ZONING ~_~ HANDICAPPED COMMITTEE __ 16. What qualifications do you have to ser~e on this.board7 6 years previous service and an organi::ed pattern 'of thinking trained to determine what must be done ~nd how to do it 17. Wha~ reasons do ~ou have for wishing' to sea-ye on an adviscr~f board? Havinc uarticiuated in the oreuarat~on of Sebastian's Comprehensive P!an,t ~ould now like to ~¢or~ at ~evising and updating it and a sincere desire to help my community. 18. Have Mou ever been convicted of any felony or any misdemeanor involving moral turpitude in this or any state? Lg. Would ~ou consider serving on another Board other/than the one(s) you selected above? Wes No ~ Y- hereby certify that i am qualified to hold the position for which-~his application is made. Further, I hereby authorize the ~.ty of. Sebastian to investigate the truthfulness of al! information which I have provided in this unders~nd that any misrepresentation or omission of information req.ue~ed in this application is cause for disqualification or removal. I understand that the City Council of the City of sEBASTIAN may suspend or remove from office any municipal board member for malfeasance, misfeasance, neglected duff, habitual drtznkenness, incompetence, or permanent inability to perform his official duties. Further, I understand that the Ci~£ Council may suspend any municipal board member w~o is arrested for a felon~ or for a misdemeanor r~lated to the duties of his office or who is indicated or informed against for the commission of any felony or misdemeanor. I hereby authorize the Sebastian Police Department to run an active warrant check on me. .~pplicant S i~na~r ~ ~~~? Sub-~cribed a~.d swor~ ~o, bsfor~. ~e this day o , / ~ws-fo~m~application CITY OF SEBASTIAN APPLICATION TO SERVE ON CITY BOARD 11. Are you a resident of the City? 12. Length of Residency Do you hold a public office? 14. Do you serve on a City Board at present? Yes ~. No Yes No V/ Yes V/ No 15. PLEASE CHECK THE BOARD(S) YOU AR~ INTERESTED IN SERVING ON: (Please number in order of preference with the first choice being"l") BOARD OF ADJUSTMENT CEMETERY COMMITTEE CODE ENFORCEMENT BOARD CONSTRUCTION BOARD PLANNING AND ZONING ~[ANDICAPPED COM~!TTEE f 17. What r~asons do you have for wishing to metre on an advisor! ___board? . %1._ 18. Have you ever been convicted of any felony or any misdemeanor involving moral turpitude in this or any state? Yes Nc ~ lB. Would you consider serving on another Board other than the one(s) you selected above? Yes~ No .. · I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. understand that any misrepresentation or omission of information requested in this application is cause for disqualification or removal. I understand that the city Council of the city of SEBASTIAN may suspend or remove from office any municipal board member for malfeasance, misfeasance, neglected duty, habitual drunkenness, incompetence, or permanent inability to perform his official duties. Further, I understand that the City Council may suspend any municipal board member who is arrested for a felony or for a misdemeanor related to the duties of his office or who is indicated or informed against for the commission of any felony or misdemeanor. I hereby authorize the Sebastian Police Department to run an active warrant check on me. SWORN TO AND SUBSCRIBED before me this ~Or~ day of //~ . Notary Public, Sta~ of ~io=ida My Commission Expires: //2a 7 \w~-form\board.app 2 12 1976 - 1990 Full time Automotive sales, service, and manage- 'ment control. Able Paving- 1965 - 1980 Full time/park time. Owned and managed asphalt paving company. Customer con- tact and all non-physical aspects of operations and employee relations. Amprex Electronics- 1957 - 1965 Maintained labor relations/employment office - handling paperwork for the employment of engineers. Have written job descriptions for civil service. United Nations Co-op. 1950 - 1957 This position dealt with operating a gift shop in the General Assembly Building - also negotiated charter flights with KLM for repatriations. Purchasing, layout, ordering, and all correspondence. City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MEMORANDUM DATE: July 7, 1995 TO: FROM: REFERENCE: Mayor, City Council Dorri Bosworth, Secretary Planning and Zoning Commis~n Vacant Alternate Member Position At its regular meeting of June 14, 1995, the City Council appointed alternate member Mr. Joseph Schulke to a regular member position on the Planning and Zoning Commission, term expiring June of 1998. The vacant alternate position was advertised to the public until June 28, 1995. At its regular meeting of July 6, 1995, the Planning and Zoning Commission discussed a memorandum from the Board Secretary suggesting the alternate positions not be designated as 1st or 2nd. This change would save advertising expenses, time, and paperwork i~ say, the 2nd alternate member was moved up to the 1st alternate position, leaving the 2nd alternate position having to go thru the s~e procedure to be filled. Mr. Barnes made a motion that the Planning and Zoning Commission recommend to the City Council that the "lst" and "2nd" designations for alternate member positions be eliminated. Mr. Johns seconded the motion. Roll call was taken. All members were in favor, 7-0 motion carried. The Planning and Zoning Commission then interviewed the applicants. Ms. Brantmeyer is currently the 2nd alternate member. When Chmn. Thompson opened the floor for nominations, Mr. Johns nominated Ms. Shirley Kilkelly and Mr. Schulke nominated Dr. Eric Wilsnack. A voice vote was taken: Ms. Brantmeyer: Mr. Barnes: Mr. Johns: Mr. Fischer Ms. Kilkel!y Ms. Kilkelly Ms. Kilkelly Ms. Kilke!ly Mr. Schulke: Dr. Wilsnack Mr. Munsart: Ms. Kilkelly Chmn. Thompson: Ms. Kilkelly Mayor, City Council Planning and Zoning Commission Vacant Alternate Position Page Two Mr. Barnes then made a motion to recommend to City Council the nomination of Ms. Shirley Kilkelly as an alt@rnat@ member of the Planning and Zoning Commission whose term will expire November 1995. Mr. Munsart seconded the motion. Roll call was taken, and the motion passed 7-0. Ms. Brantmeyer would remain as an alternate member, term expiring January, 1996. Being the "senior" member, she would begin the rotation schedule for voting when regular Board members are absent at meetings. City of Sebastian 1225 MAIN STREET u SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 u FAX (407) 589-5570 MEMORANDUM DATE: TO: FROM: REFERENCE: June 28, 1995 Planning and Zoning Commission Dorri Bosworth, Secretary Planning and Zoning Commission 1st and 2nd Alternate Board Members Changing Designations Currently, the Planning and Zoning Commission is the only board, commission, or committee where the alternate member positions are designated as 1st or 2nd. (The Code Enforcement Board is in the process of adding 1st and 2nd alternate positions to their Board). This memorandum comes only as a suggestion after observing the extra amount o~ time and city funds used to fill a vacant alternate position designated as let or 2nd. Both R-94-51 (General membership requirements) and Section 20A-11.3 of the Land Development Code do not indicate any special responsibilities or powers for the alternate member designated as "lst" Section 20A-11.3 only indicates the "senior" alternate member begins the rotation schedule for voting when regular board members are absent. This could be interpreted that the alternate member whose has been on the board the longest begins. 1st or 2nd alternate members have an equal opportunity to move into a vacant regular member position (R-94-51) and must go through the same application and interviewing procedures as new applicants. The Planning and Zoning Commission has a 1st alternate position vacancy. By eliminating the designations, the city will save on paperwork and not have to spend the money to advertise for a vacant "2nd" alternate position if, through the old process, the 2nd alternate is moved into the 1st alternate position. If designations are not eliminated, this should be done solely on the principal of 1st alternate being the most senior of the two. Planning and Zoning Commission Memo - 6/28/95 Page Two The following scenarios are suggested regarding the vacant 1st alternate position you have now: Make a recommendation to the City Council to eliminate the alternate position designations (no amendment to the Land Development Code needed). Review and interview all applications received for the position, and make your recommendation to the City Council for their appointment of a new alternate member, 3-year term to expire 7/98. The rotation schedule will begin with the most senior alternate member, Ms. Brantmeyer. Review and interview all applicants, and recommend to City Council, based on the fact that the 1st and 2nd alternate members are equal positions, Ms. Brantmeyer should become 1st alternate because of her seniority (length of time on the board), and recommend your suggestion for the 2nd alternate position. Thank you for your consideration in this matter. cc: City Manager City Clerk Staff Liaison - Bruce Cooper PLANNING AND ZONING LAND DEVELOPMENT CODE (Sec. 20A-11.3) "A. Establishment, Composition and Ter~s. The planning and zoning commission is hereby established and shall consist of seven (7) members and two (2) alternates who shall be residents of the City and shall serve without compensation. The City Council shall appoint the regular members to the planning and zoning commission as follows: (1) Two (2) members shall be appointed for a term of one (1) year. (2) Three (3) members shall be appointed for a term of two (2) years. (3) Two (2) members shall be appointed for a term of three (3) years. (4) Thereafter all appointments shall be made for a term of three (3) years. (5) In no event shall any individual who has served as a regular member of the planning and zoning commission for the greater of two (2) consecutive terms or six (6) consecutive years be reappointed to serve another consecutive term as a regular member of the planning and zoning commission unless no other individual, who is otherwise legally qualified to serve as a regular member of the planning and zoning commission, has filed an application with the City Clerk, which is then still pending, seeking appointment to serve as a regular member of the planning and zoning commission." 1. Appointment of alternate members and their duties. Each alternate member shall be appointed for a term of three (3) years. The alternate members of the planning and zoning commission may attend all meetings of the planning and zoning commission but shall ac~ only the absence, disability or disqualification of a regular member thereof. When an alternate member acts, the minutes of the planning and zoning commission shall reflect the name of the absent, disabled or disqualified member in whose place and stead the alternate is acting. The absence of a member, including an alternate member, for three (3) consecutive meetings, without an excuse approved by the chairperson of the planning and zoning commission and noted in the minutes, shall by/deemed cause for removal of the member by the city council~Epch alterna~ member shall fil~_ in for a regular member who is absent, disabied o~ dis~..allIleu'dn a rotating. basis ~tn the most senior alternate member to be the flrst 71 in the initial rotation. If more than one reqular member is absent, disabled or disqualified, then both alternate members shall act as members of the planning and zoning commission. 2. Vacancies and Reappointments. Any member may be reappointed, subject to the limitations set forth in Subsection A of this Section 20A-11.3, above. Appointments to fill any vacancy, shall be for the remainder of the unexpired term of office of the vacated planning and zoning commission seat being filled by the appointment. Furthermore, two months prior to the expiration of the term of any member, or in the event of any vacancy, the City Clerk shall provide the chairperson, the city manager and the city council with a copy of all pending applications for membership on the planning and zoning commission, even if the incumbent planning and zoning commission member intends to seek reappointment. Whenever a current or former planning and zoning commission member is being considered for appointment or reappointment to the planning and zoning commission, the City Council shall consider the number and nature of the memoranda of conflict previously filed by such person pursuant to Section 112.3143 of Florida Statutes. 3. Selection of Chairperson and Vice Chairperson. Whenever possible, the person selected as the Chairperson and Vice ChairpersoD_of the planning and zoning commission shall have served ~ years as a regular member of the planning and zoning commission and shall have attended at least ninety percent (90%) of the meetings of the planning and zoning commission which such member was not otherwise excused from attending by the individual se~zing as the Chairperson of the planning and zoning commission at such meetings. (0-91-25) 72 I I I i I I I i I I I d. In the event that the City Council fails to reappoint a member for any reason prior to the expiration of the member's term, the member shall continue to serve until reappointment is ratified or a new appointment is confirmed. e. Whenever a current or former member of an appointive board, commission or committee is being considered for appointment or reappointment to an appointive board, commission or committee, the City Council shall consider the number and nature of the memoranda of conflict previously filed by such individual pursuant to Section 112.3143 of Florida Statutes. UNEXPIRED TEP~M. In the event that a vacancy occurs prior to the expiration of the term, the chairperson of the respective board, commission or committee shall place the filling of such term on the agenda of tb, e next regular meeting or call a special meeting for the sole purpose of considering the filling of such vacancy. The board~ commission or committee ma~ reco_.mm~nd the fi~lin~,~ oX,,, the unexpired term by appointment 0f,~alternate member or ' another appi£~an~' foF ~he pos~t,~n~ -i'ne d~ ~0uncY£ shall ~leW zne reC~mm~p~iOns ~f tne.,,Doara~ commission_, o~ com~.fttee~.'pr~'.'zo exerc~s~n~ ~zs discretion ~ fil%ing the -Jngxpir~d SOLICITATION FOR APPLICANTS. a. The City Clerk shall, by press release in a newspaper of general circulation in the City of Sebastian, notice open positions at the request of board secretaries. INTERVIEW. The respective board, commission or committee may interview an applicant at a public meeting however, the city Council shall interview each applicant at a public meeting, and shall vote for their selection at a public meeting designated for such purpose. REMOVAL. a. Prior to suspending or removing a member of an appointive board, commission or committee, the city Council shall specify sufficient facts to advise the affected member as to the basis for his or her suspension or removal, provide reasonable notice, and an opportunity to be heard prior to any action being taken. b. The City Council may suspend or remove from office any member of an appointive board, commission or committee, for malfeasance, misfeasance, neglect of duty, habitual drunkenness, incompetence, or permanent inability to perform his or her official duties. City of Sebastian I 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570 July 17, 1995 Certified Mail Mr. Ronald R_igby Capital Sanitation 661 County Road 512 Units F & G Sebastiark FL 32958 Dear Mr. Rigby: During the re~-mlarty scheduled meeting of the City Counc/1, July 12, 1995, the Council directed me~ to contact you and indicate their displeasure with your current contract performance. The City. Council also df'ected that this matter is serious enou~ to warrant an agenda item for July 26, 1995. I am therefore, no ~ .ti~Ang you of the direction of City Council that the issue will be discussed as a rebmlar agenda item for July 26, 1995. Your presence is requested to address the Council regarding the various citizen complaints and your proposal to resolve the various issues. The Counc/1 Meeting will be held in the Sebastian City Counc/1 Chambers, located at 1225 Mare Street, Sebastian, FL., beginning at 7:00 P.M. Sincerely, ~o~ord~' City Manager ILK/jmt cc: Arthur L. Firfion, Mayor & Sebastian City. Council Members Clifton McClelland, City Attorney Kathryn M. O' Halloran, City Clerk City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 u FAX (407) 589-5570 CITY COUNCIL AGENDA TRANSMITTAL SUBJECT: Vacation of Easement Lot 9, Block 339, Unit 13, SH Thomas AGENDA NO: DEPT. ORIGIN: City Clerk "~.¢' ? DATE SUBMITTED: 7/18/95 MEETING DATE: 7/26/95 APPROVED FOR SUBMITTAL: City Manager' ~ EXltIBITS: Sec. 90-129 Code of Ordinances Craven, Thompson Letter ( Object±on ) DCD Letter Application Survey Letters of No Objection Proposed R-95-40 Expenditure Required: Amount Budgeted: Appropriation Required: SUMMARY STATEMENT City Council, at its July 12, 1995 Regular Meeting, postponed action on Resolution No. R-95-40, vacation of easement approval for Lot 9, Block 339, Sebastian Highlands Unit 13, and directed that the Enghaeermg Department explain its reason for no objection and that all vacation of easement applications be forwarded to Craven, Thompson and Associates, inc. for review and recommendation. John Hill, Craven, Thompson and Associates, Inc., has recommended that the subject easement be preserved in total and the D/rector of Community Development has notified the applicant of Mr. Hill's recommendation. No other objections were received. In accordance with Section 90-129, for all future applications, we will submit the application, all recommendations from staff, utilities, and the consultant and a proposed Resolution to City Council. If the decision of the City Council is to approve, it should then adopt the Resolution. If the decision of City Council is to deny the application, no action on the Resolution is necessary. RECOMMENDED ACTION Review and take action on the application for vacation of easement for Lot 9, Block 339 Sebastian Highlands, Unit 13. If the request is approved, move to adopt Resolution No. R-95-40. § 90-127 SEBASTI. A_~ CODE Sec. 90-127. Notification of public utilities: objections. Upon receipt of the request under section 90-126, the city clerk shall advise the existing public utility companies by certified mail. and the utility companies, after notification is received, shall respond in writing within 15 days of any objections thereto. (Code 1980, § 23.76) Sec. 90-128. Onsite inspection report. The city manager shall direct the building inspector or city engineer to make an onsite inspection of the property and make his report and recommendation in w~ting to the city manager, stating whether the easement is necessary to exist to serve the city either at present or in the future, or whether the easement serves no public purpose. (Code 1980, § 23-77) Sec. 90-129. Action by ciW council. (a) The city m~nager shall present the request for vacating an easement, together with the reports from the utility, companies, and the report and recommendation of the building inspector or city engineer, ~o the city council. (b) tf the city council deems that such easement is without the public interest and affords no public necessity at the present time or as regards the future growth of the city, the city council may, by resolution duly passed, vacate the easement. (Code !980, § 23-78) Sec. 90-130. Recording of city council resolution. The city clerk shall send a copy of the resolution vacating the easement together with the necessary recording fee to the Clerk of the Circuit Court, Indian River County Courthouse for recording. (Code 1980, § 23-79) CD90:I8 C;~INEN T. iO,44PSON July 17, 1995 Mr. Joel Koforck City Manager City of' Sebastian 1225 Main Street Sebastian, Florida. 32958 Via: Telcfax 589 5570 Easement Vacazion Requests: Lot 3, Bloc& 574, Sebastia~ I-Iishi~ds Umt 17-Peters Lot 9, Block 339, Sebastian Higt~ands Umt I3-Thomas Lots 12&13, Block 157, Sebastian Highlands Unit 5-Black Dem- Mr. Koford, At the reques: foratarded to us by City Clerk Kathryn O'I-Iallorar~ we have r~-wiewed the referenced requests for vacation of easements, and make the following recommendation: Lot 3. Block 574, Sebastian [-[imhlands Unit IT-Peters: Thi~ lot backs up :o a significant canal on its eastern border. The 20' easement wa~ set aside by the developer :o allow mamtemmce equipment to service the canal, for cleaning, reshaping, etc. Based on ~eld observation, this 20' wide easement should be prc~erve, d Ln total; it will likely be needed in the furore. Lot 9. Block 339_ Sebastim'~ ]~Ehla~ds T~nir 13-Thomas: This lot backs up to an important canal on ks southern border. AgaizL this 20' easemen: was set a~ide for maime, nance equipmen: operations. In addition, it is probable that this sec'~on of canal will need widening and deepening, and reslaapm8 in the near future. We recommend that this easement be preserved in total. July 17, ~ 9. 51~ 339. ~ ~ U~ 13-~ Lots IT&l J, Bl~ck I57. S~i~ ~ds U~t 5-Bla~k: ~s r~u~ is to v~te the ~d~d 5 ~de lot ~ge ~d u~i~ e~ent ~t ~s plan~ on ~ lot in Umt 5. We ~d~md t~r ~e ~ ~sh~ to u~ ~e ~fle of thee ~o lots ~o ~ow ~n~on of one ho~ on the ~o lots. ~e ~ ~fly no ~de lot ~e or i~rov~ts ~ ~e e~~ nor d~s ~ app~ ~ one would be n~ ~ ~e ~1 he o~y one house (~W olde). ~er~ore, we find no p~~ r~on to ~mn ~s ~s~ent for d~e pu~os~ ~ the o~ flies thc u~w oldie in ~e ~b~c ~ao~. ~ g~ we r~end ~ b~ld~ K~to~, md lo~ ~e~ ~qu~ng ~out v~on ~ ~m~ ~t r~ lot e~s ~r ~ge md utilities ~y be n~ed for ~t~ce or ~l~iom, ~d ~efore g~y wo~d not be vaca~, ~less ~e ~ p~~ ~~s. ~e side lot ~ts g~y ~ be ~vo~biy conid~ed for vaofion when ~e lots ~ be ~ for a ~ ~l ~ns~on...u~ess tMt p~icul~ ~en; is being ~ or ~ ~ need~ for front to b~k dr~ge. We ~ve rode photo~p~ of~e ske ~fies, w~ I ca e~ge for p~se~fion ro Co~cfl you f~! ir ~ be u~t, ~d a ~ or,he conditions found for the Pete~ ~d ~o~s r~uest fo~ows. ~ you n~ ~ ~~o~ pl~ ~m. C~av~ ~ompson & ~s~a~e~ ~~ Enter 17~2 Stme of FIofi~ CC (t~): Ma. Ka~ O'~l~ CiW Cle~ a~y']' ,I I I I I I I I i I I I I I , I CITY OF SEBASTIAN APPL~CATION FOR VACATION OF EASEMENT(S) (This rsq.u.est shal__l n__qo b__e accepted unless completed in full) TELEPHONE NO. '.~'~- ]: ' ~'% *Individual, corporation, seal below TYPE OF ENTITY:* If corporation apply corporate LEGAL DESCRIPTION OF REAL PROPERTY ON WHICH EASEMENT EXISTS: a c ~ -~ t'q, ¢ ~ .~_ '~ %"/ ,_~,~ ,v I ~ '~-.: '"%~, L~ , ~\ (Attacl~ description on attachment if necessary) DESCRIPTIVE LOCATION OF EASEMENT TO BE ABANDONED: (This item to be filled in by Building Official) TYPE OF EASEMENT: APPROXIMATE SIZE OF EASEMENT: ~0' o" feet in length ~o:o"in width PURPOSE FOR REQUEST TO VACATE: ~C-~,,% 5/ (Exolain in detail your need to release this easement) I HEREBY CERTIFY that I, the Applicant, own the real property on which the essemen't ~ request to vacate exists, or I am authorized to present this Tequest to vacate by the owner of the real 9ro9erty. Signed:(ti'tle, if any) .. 5~- i~ - ex Oats Please Prin% Name He~ Corporate Seal Attach hereto the following: v') t. 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 TI{E EASEMENT CLEARLY ON DRAWINg. ) 2. N/A) ) 3, N/A) Complete legal desoription 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. Written authorization of the owner of the parcel of land on which the easement exists if the applicant is not the owner. ) 4. IF IT IS NECESSARY TO GRANT BACK ANOTHER EASEMENT TO REPLACE THE EASEMENT THAT IS TO BE VACATED, ATTACH A DEED OF EASEMENT TO ACCOMPLISH THE DEDICATION OF THE NEW EASEMENT. 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. ) 6. OTHER: Date Re~iy~d by the Office of the s~: ~./,,-~ Jk ~',.~ ~.~ , ~#,-~o~ " file: aban,app / City of Sebastian 1225 MAIN STREET d SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 June 5, 1995 Richard Votapka 1225 Main Street Sebastian, Florida 32958 Dear Sir: The City of Sebastian has been requested to grant approval for an abandonment of the North five (5) feet of the South twenty foot Public Utility and Drainage Easement of Lot 9, Block 339, Sebastian Highlands Unit 13. 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 (\ws-form/aban-!et) and 41~0 p.~. . //~ City cl~k ..- , _ Attachment (\ws-~orm/aban-l~E) June i5~ 1995 Ms. Kashryn M. O'Ha!loran, City Clerk Cisy of Sebasuian 1225 Main Stree~ Sebastian, Florida 32958 EE: Abandonment of Easement - Lo~ 9, Block Dear Ms. O'Halloran, I I ,~,~ 9 ~lo-~' ~--:~ ~ LO~ 5, Block 257, Uni~ i Lo~ 3, Block 574, Unit 17 I Falcon Cable TV has no objections Uo the abandonment of easement a~ the referenced locations. Ken Vickers, Regional Manager Falcon Cable TV FALCON CABLE MEDIA 710 Washington Street, P.O. Box 780249, Sebastian, Florida 32978, Tel: (407) 589-3846 the R~PBAC~ T~ IAS~M~NT TR&T cm~undmOli. The I City of Sebastian 1225 MAIN STREET r~ SEBASTIAN. FLORIDA 32958 TELEPHONE (407) 589-5330 r~ FAX (407) 589-$570 June 5, 1995 Jim Kiernan Sour~ern Bell Telephone 3300 Okeec~o~ee Road Ft. Pierce, Florida 34947 Dear Sir: The City of Sebastian Bas been requested to grant approval for an abandonment of ~J=e NorTJ~ five (5) feet of ~he South twenty foot Public Utility and Drainage Easement of Lot 9, Block 339, Sebastian Highlands Unit 13. A copy of ~he survey is attac~ed for your information. In compliance with City of Sebas=ian Ordinance ~0-76--4, June 14, 1976, yOU must respond in wri%ing within fifteen day~. Should you ~ave any questions concerning t/~im maC=er, please contac~ my office a= 589-5330 between ~e hours of 8:00 A.M. ~ and 4:30 P.~. Ka=hryn M. O'Halloran, C3~C/AAE · City Clerk KOH:lmg (\ws-f orm/aban-let) RESOLUTION NO. ~ A RESOLUTION OF T~E CITY OF SEBASTIAN, llNDIAN RIVER COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING AND DISCONTINUING THlg NORTH FIVE FEET OF THE SOUTH TWENTY FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT OF LOT 9, BLOCK 339, SEBASTIAN HIGHLANDS UNIT 13, ACCORDING TO THeE PLAT TI-IEREOF, RECORDED IN PBI 7-82C, 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 1T RESOLVED BY THE CITY COUNCIL OF TI-IE C-TrY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: ~ 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 North five feet of the South twenty foot Public Utility and Drainage Easement of Lot 9, Block 339, Sebastian Highlands Unit 13, according to the plat thereof, recorded in PBI 7-82C, of the Public Records of Indian River County, Florida. S~fion 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. ~ EFFEC-W1VE DATE. This resolution shall be in flail force and effect immediately upon its passage. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor 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 City Council of Sebastian, Florida, this day of ,19__ CITY OF SEBASTIAN, FLORIDA By: Arthur L. Firtion, Mayor ATTEST: 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 Kathrvn M. O'Hatloran 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 1995. Approved as to Form and Content: Linda M. Galley NOTARY PUBLIC, STATE OF FLORIDA AT LARGE My Commission Expires: Clifton A_ McCletland, Jr., City Attorney 2 City of Sebastian 1225 MAIN STREET a SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 CITY COUNCIL AGENDA TRANSMITTAL SUBJECT: Vacation of Easement Lot 3, Block 574, umt 17, SH Peters AGENDA NO: DEPT. ORIGIN: qlitv Clerk ',~'~ DATE SUBMrrTED: 7/18/95 MEETING DATE: 7/26/95 APPROVED FOR SUB1V[ITr~: EXI:IlltITS: City Manager' %6./ Expenditure Required: IAmount Budgeted: Sec. 90-129 Code of Ordinances Craven, Thompson Letter DCD Letter Application Survey Letters of No Objection .. Proposed R-95-43 Appropriation Required: SUMMARY STATEMENT We have received an application for vacation of easement for Lot 3, Block 574, Unit 17 Sebastian Highlands from Lawrence and Cynthia Peters. John Hill, Craven, Thompson and Associates, Inc., has recommended that the subject easement be preserved in total and the Director of Community Development has notified the applicant of Mr. Hill's recommendation. No other objections were received. In accordance with Section 90-129, we are submitting the application, all recommendations from staff, utilities, and the consultant and a proposed Resolution. If the decision of the City Council is to approve, it should then adopt the Resolution. l_f the decision of City Council is to deny the application, no action on the Regolution is necessary. RECOMMENDED ACTION Review and take action on the application for vacation of easement for Lot 3, Block 574 Sebastian Highlands, Unit 17. If approved, adopt Resolution No. R-95-43. § 90-127 SEBASTIAN CODE Sec. 90.127. Notification of public utilities: objections. Upon receipt of the request under section 90-126, the city clerk shall advise the existing public utility companies by certified mail, and the utility companies, after notification is received, shall respond in writing within 15 days of any objections thereto. (Code 1980, § 23-76) Sec. 90.128. Onsite inspection report. The city manager shall direct the building inspector or city engineer to make an onsite inspection 0£ the property and make his report and recommendation in writing to the city manager, stating whether the easement is necessary to exist to serve the city either at present or in the future, or whether the easement serves no public purpose. (Code 1980, § 23-77) Sec. 90-129. Action by city council. (a) The city manager shall present the request for vacating $~n easement, together with the reports from the utility companies, and the report and recommendation of the building inspector or city engineer, to the city council. (b) If the city council deems that such easement is without the public interest and affords no public necessi~ at the present time or as regards the future growth o£ the ci~, the city council may, by resolution duly passed, vacate the easement. (Code 1980, § 23-78) Sec. 90-130. Recording of city council resolution. The city clerk shall send a copy of the resolution vacating the easement together with the necessary recording fee to the Clerk of the Circuit Court, Indian River County Courthouse for recording. (Code 1980, § 23-79) CD90:18 CI~IEN 1R~PSON & A..~OCIM'ES INC, Mr. Joel Koford, City Managcr City of Sebasciaxt 1225 Main Street Sebastian, Florida 32958 Via: Telefax 589 5570 Easement Vacation Requests: Lot 3, Block 574, Sebastian Highlands Unit 17-Peters Lot 9, Block 339, Sebastian Higlflands Unit I3-Thonms Lots 12&13, Block 157, Sebastian Highlands Unit 5-Black Dear Mr. Koford, Ax the request forwarded to us by City Clerk Ka[hryn O'Halloran, we have r~viewed the referenced requesra for vacation of easements, and make the following recommendations: Lot 3_ Block 574~ Sebastian Himh!.ands Unit 17-Peters: This lot backs up to a significant canal on its ~n border. The 20' easement was set aside by the developer to allow rnamt~ce equipment to service the canal, for cleaning, reshaping, etc. Based on field obser~ion, this 20' wide easement should be preserved in total; it will likely be needed in the future. Lot 9. Block 339_ Sebastian Fli~mhlands Unit 13-Thomas: This lot basks up to an important canal on its southern border. Again, this 20' easement was set aside for maintenance equipment operations. In addkion, it is probable ti:uti this scction of canal will need widening and deepening, and reshapin~ in the near future. We recommend that this ea.sement be preserved in total. 17, via: Lots 11~13, Block_IS7. Seba.stilm Hi~,lhlands Unit 5-Bla~k: This request is to vacate the sr, a=dard $' side lot draina~ and utility eaf. ernem that is pla~ed on every lot in umt 5. We underst, md that the owner wizhes to unify the title of these two lots :o allow consu'acrion of one house on the two lots. There is ~,trreritly no side lot swale or draina!~e irrrprovements in the easement, nor does in appear that one would be necessary/.f ~ere will be only one house (unity or,de). Therefore, we find no particular reason to maintain this easement for drainage purpose~ al~er the owner flies the uniW of rifle in the public records. La general, we recommend thax builders, Realtors, and lot owners inquiring about easexnent vacation be advised that rear lc~ eazememz for drainage and utilities may be needed for future maintenance or insr~ilaiions, and therefore generally would not be vacaed, unless there are particular arcum~ces. The side lot ea.semen~s generally can be favorably considered for vacation when the lots will be uaitied for a single unit construclion...unless that particular e. asem~t is being used or will be need~i for front to back drainage. We h~ve made photographs of the site vicinities, which I can enlarge for presentation To Council if you fe~[ it will be useful, and a sket~ of the conditions found for the Peters and Thomas request follows. If'you need further in, treaSon., please advise. Craven Thompson & Asso~-iaIes, , P.E., Vice President ~~ En~ 17~2 State of Flofi~ CC (tetef-ax): Ms. Kathryn O'Halloran, City Clerk ./ City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 u FAX (407) 589-5570 July 18, 1995 Lawrence and Cynthia Peters 2555 27th Avenue Vero Beach, Florida 32960 Reference: Lot 3, Block 574, Unit 17 Sebastian Highlands Dear Mr. and Mrs. Peters, Please be advised that the City Council has directed the city manager to require staff to send all requests for abandonment of easements to our consulting engineering firm, Craven, Thompson & Associates, Inc. Attached is a letter dated July 17, 1995, from Mr. John V. Hill which indicates his recommendation regarding your request for abandonment of easement. This matter Will be presented to City Council at its regular meeting of July 26, 1995, with a recommendation of denial based on our consulting engineer's advise. If you have any further questions concerning this matter, please do not hesitate to give me a call at 589-5537. Since... Director of Community Development cc: City Clerk BC/db ~ITY OF SEBASTIAN APPLICATION FOR VACATION OF EASEMENT(S) (This requeut shall no be accepted unless corn letod in full) NAME: Lawrence & Cynthia Peters ADDRESS:2555 27th Avenue, Veto Beach, FL 32960 TELEPHONE NO. ~569-6377 TYP~ OF ENTITY:* individual *Individual, corporation, etc. - If corporation ap~].y corporate seal below ~EGAL DESCRIPTION OF REAL P~OPERTY ON WHICH EASEMENT EXISTS: Lot 3 01k 574 Unit 17 Sebastian Highlands (Attach description on attachment if necessary) DESCRIPTIVE LOCATION OF EASEMENT TO ~E ABANDONED: (This item tO be filled in by ~ulldtng Official) _%. [~c~ ,57~, ,5~De~.s~,~~ "1~,,~'~"~ TYPE OF EASEMENT: ~wer - utility - ~ainage APPROXIMATE SIZE OF EASEMENT: 6 feet in length 87 in width PURPOSE FOR REQUEST TO VACATE: tO allow us room to build a standard size (Explain i.n detail your need to release this ~esemen't) I HEREBY CERTIFY that I, tl%e Applicant, own the real property on ' h~ch the easement I request to vacate exists, Or I am authorized to pmesent this ~equest to vacate by the owner of the real pr~2~rty .... ~.- ...'_ . Signed: (title, if any) Date Lawrence Peters Please Print Name Here Corporate Seal 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. SIlOW TIIE EASEMENT CLEARLY ON DRAWING. ) 2. N/A) ) 3. Complete legal description of the parcel of land on which the easement exists if the full description cannot bs placed on the lines provided shove for the description. 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 8ACK ANOTHER EASEMENT TO REPLACE TIIE EASEMENT THAT IS TO BE VACATED, ATTACH A DEED OF EASEMENT TO ACCOMPLISI{ THE DEDICATION OF THE 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. fa/, OQ<_ 30 3(. .%/C---~//~ ( ) 6. OTHER: th-e Of~ice of the City Clerk ~ fi. le: aban. app,' ,-",. ',,, LINE ~ ~',,,CANT1 LOT 3 ~,-'*" ;~0','.,J.~O.,~. BLOCK 574 Z7,5' DRAINAGE,.~, ~.RIGHT OF 'CC/AY R=865.00' D=5049"00'' A=8/,31' PROPOSED 6.0' OF Ct EASEMENT TO BE VACATED --- PROPOSED POOL ~ ~ ~]/ELL DECK AREA LOT Z BLOCK .574 ( VACAN I' ) PROPOSED ONE STORY RESIDENCE ~ROPOSED FINISHED FLOOR ELEVATION~ ~4.0 b 10.0' lO,0' W PROPOSE0 16 PROPOSED SEPTIC TANK ~ ORAIN FIELD AREA ~O~ SOUARE FEET o LOT 4 ~ BLOCK 574 r',,I (VAUNT) LEGAL 0ESCRIPTION: LOT 3, BLOCK 574, SEBASTIAN HIGHLANDS UNIT 17, ACCORDING TO THE PLAT THEREOF AS RECORDED tN PLAT BOOK 8 PAGES 46 THRU 46P OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. SURVEYOR'S NOTES: 1. SEARINGS SHO'~/N ARE BASED ON THE CENTERLINE O1: MILLER ORIV[ AS NORTH ( S 38~]0'~' [ ) AS PER PI~T. 2. NO INSTRUMENT OF RECORD REFLECTING ~S[MENTS, ~IGHTS ~AY ANOIOR O~NERSNIP ~R~ FURNISHED rD THIS SURVEYOR EXC~ AS SHO~N. NO tlTL~ OPINION IS EXPRESSED OR IMPLI[O. ]. THIS SURVEY tS NOT INTENDED TO LOCATE ~ISTING UNDERGROUND FOUNDATIONS. ENCROACHMENTS OR ANY IMPROVEMENTS AS SHO~N. 4. THE LOT SHO~N HEREON IS LOCATED IN FLOOD ZON~ 'A' PER FLeD INSURANCE RATE MAP 1206tC0079 ~, DATED JULY Z, 1989. 5. ~LEVATIONS BASED ON ASSUM[O OATUM. ELEVATION ASSUMED ON THE C[NT[RLIN[ OF MILLER DRIVe. ABBREVIATIONS: R-RADIUS A-ARC LENGTH D-O~LTA (CENTRAL ANGL~) P-P~T M-MEASURED ~-RIGHT OF ~AY A/C-AIR CONOITION (L.CENTERLINE COV.-COVERED LS-~NO SURVEYOR O,U.L.-OV[RH[AO UTILITY LINES CONC..CONCR[TE ~O~.PUSLIC U/ILI~ [~ ORAINAGE ~ASEMENT PLS-PROF[SSIONAL LANO SURVEYOR LB-LAND SURVEYING BUSINESS BOUNDARY SURVEY 4,ZO-lg~S , ~EVISED PLOf PLAN '1 R~VISED PLOF PLAN 5-~ 7-1gqs SCALE I' ~Z0' FIELD DRIVE 0=9°25,00· Ail 751' CURVATURE ( 50' I~IGHT-OF'~'AY ) BOUNDARY SURVEY CERTIFIED TO: t..~RRY ~- CYNTHIA PETERS LEGEND: O - SET 518" IRON REBAR '~/lfN PLASTIC CAP STAMPED °,tS 4896' & - FOUND P..K. NAIL 8' 1-114" ~I~K STAMPED "LB tZ4Z' ~ - SET PK NAIL ~ ~' DISK PREPARED BY: fHOMAS RANDALL CECRLE. PROFESSIONAL LAND SURVEYOR 10749 HIGH~AY U.S, I. SUITE A, SEBASTIAN, FLORIDA )29~8 PHONE (4071)88-O520 CERTIFmED COR~EO' TO tHE &ESFOF MY ',(NO--LEDGE AND BELfEF IN CONFORMI~ ~l r~t THE ~,~P:~vl~M TECHNICAL STANDARDS SET FORTH BY THE FLORIOA ~OARO OF ~/.!D SU~VEYOR~. PURSUANT TO SECT1ON 472.027 OF THE FLORIDA STATUES AND 21NH.t, ANO CHAPTER 61GI 7 FLORIDA AOM~STRAflVE CODE, THIS SURVEY 1~ PREPAREO AND CERTIFIED FOR THE EXCLUSIVE USE OF TH~ CLI~h f OR (LIEN~S NAMED HEREON. IHI5 SURVEY IS NOT VALID ~ITHOUf THE EMBOSSED TII~AS RANDA_L ~[CRL[. P L.S. 4flgb City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 c FAX (407) 589-5570 June 5, 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 Southwest six (6) feet of the Northeast twenty foot Public Utility and Drainage Easement of Lot 3, Block 574, Sebastian Highlands Unit 17. 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 (\ws-form/aban-let) I city cl~tk / i C:]:~ Off B~'RAS~XAN AP~L,~CAT~ON FOR VBCA~ON 5aaa .... A~aeh hm~i~ ~he ( ) 2. ¢ .~/A ) _ 99~9 68~ 40~:0N 'TBI .__1 City of Sebastian ~SPHGNE (~ ~-~8OO - FAX (~ ~8~70 ~e 5, 1995 J~ Kieran Sou~ Bell 3300 Okee~o~ ROa~ F=. ~i~=e, Flori~ 34947 ~oo= ~lic. ~ili=7 and Drainage Eas~= o~ ~= 3, Bloc~ 574, for yo~ ~fo~ion. In compliance w~ C~=y of 5ebas=~an Or,in--ce ~0-7~-4, ~e 1~, Should you hav~ any ~es=ions conceding =his ~=~er, please ¢on=ac= my off~ca a= ~89-5330 ~een ~e ho~s o~ 8:00 A.~. and ~:=0 A~a~~ June !5, 1995 Ms. Kathryn M. O'Halloran, CiSy Clerk Ciny of Sebastian 1225 Main Street Sebastian, Florida 32958 RE: ~~bandoament of Easement - LoU 9, Block 339, Unit 13 ~ __~ r/~ L~ ~, ~!ock 74, Uni~ Lot 5, Block 257, Unit 10 Lot 3, Block 574, Unit 17 Dear Ms. O'Hal!oran, Falcon Cable TV has no objections to the abandonment of easement au ~he referenced locations. Ken Vickers, Regional ~anager Falcon Cable TV ~A~~CON CABLE MEDIA 710 Washington Street, P.O. 8ox 780249, Sebastian, Florida 32978, Tel: (407) 589-3846 RESOLI_rrlON NO. 11-98-43 A RESOLUTION OF ~ CITY OF SEBASTIAN, IND~ RIVER COUNTY, FLORIDA, VACATING, ABOLISIt~G, ABANDONI2qG AND DISCONTINUING TI-~ SOUTHWEST SIX FEET OF TI-IE NORTHEAST TWF_.N'~ FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT OF LOT 3, BLOCK 574, SEBASTIAN I:E[GHLA2qDS U'NIT 17, ACCORDING TO PLAT THEREOF, RECORDED IN PBI 8-46, 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 COUNCII, OF ~ CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section l. 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 Southwest six feet of the Northeast twenty foot Public Utility and Drainage Easement of Lot 3, Block 574, Sebastian Highlands Unit 17, according to the plat thereof, recorded in PBI 8-46, of the Public Records of Indian River County, Florida. Section 2. ilF. PEAL. All resolutions or parts of resolutions in conflict herewith are hereby repealed. ~ RECORDING. This resolution shall be recorded in the public records of Indian River County, Florida. ~ EFFE~ DATE. This resolution shall be in full force and effect immediately upon its passage. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor 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 City Council of Sebastian, Florida, this day of ,19 CITY OF SEBASTL&N, FLOR_IDA By: Arthur L. Firtion, Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE City Clerk (SE t) STATE OF FLORIDA COUNTY OF ]2qD~ 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 LLEirtion and ~ O~Ialloran known to me to be Mayor and City Clerk respectively, and neither of them took an oath. wrI2xlESS my hand and seal in Indian River County, Florida, the day of .......... 1995. Approved as to Form and Content: Linda M. Galley NOTARY PUBLIC, STATE OF FLORIDA AT LARGE My Commission Expires: CliRon A. McClelland, Jr., City Attomey I City of Sebastian 1225 MAIN STRE;T a SEP, ASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570 CITY COUNCIL AGENDA TRANSMITTAL SUBJECT: Resolution No. R-95-33 City Council Meeting Procedures - Repeals R-95-23 AGENDA NO: DEPT. ORIGIN: DATE SUBMITTED: 7/19/95 APPROVED FORc-~UBMITTAL: City Manager :... Expenditure Required: MEETING DATE: 7/26/95 EXttlBiTS: R-95-33 Legislative Format Amount Budgeted: Appropriation Required: SUMMARY STATEMENT Proposed Resolution No. R-95-33 in legislative format is presented for your consideration. Subsequent to adoption of Resolution No. R-95-23, which combined all meeting procedures resolutions into one, it occurred that the resolution established a 6:30 p.m. beginning time for workshops, however, in the event there was no workshop, there was no time specified for regular meetings to begin. For public hearing ads and general noticing, it is important that we have a specific time established. We recommend amendment to Section 1 whereby if there is no workshop or if there is a workshop that lasts only fifteen minutes, regular meetings will not begin before 7:00 p.m. The currrent resolution provides for public input at workshops. The City Manager has suggested that workshops be less formal, therefore, he recommends that there be no public input at workshops unless provided in the meeting call. Other amendments are suggested by the City Attorney to clean up the resolution and omit duplication of language. RECOMMENDED ACTION Review proposed amendments and i[$City Council concurs, move to adopt Resolution No. R-9541. RESOLUTION NO. ~ A RESOLUTION OF THE CITY OF SEBASTLMN, INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING T1TE DATE AND TIME FOR CITY COUNCIL MEETINGS; ADOPTING ROBERTS RULES OF ORDER; PROVIDING FOR AGENDA PREPARATION; PROVIDING FOR AGEN-DA MODIFICATION; PROVIDING FOR PUBLIC HEARING PROCEDURES (OTHER THAN QUASI-JUDICIAL MATTERS); PROVIDING FOR PUBLIC INPUT PROCEDURES; ESTABLISHiNG DIRECTION RELATIVE TO VERBATIM TRANSCRIFYS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTiONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WltEREAS, the City Council of the City of Sebastian, Indian River County, Florida, believes it to be in the best interest of the citizens of Sebastian to provide clear direction to establish Council meeting times and dates and provide for conduct of City Council meetings by repealing current Resolutions and combining them into one Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, as follows: SECTION 1. CITY COUNCIL MEETING DATEAND TI1WE. City Council Workshops shall be held, when needed, on the second and fourth Wednesdays at 6:30 P.M., and shall not exceed one hour in duration. T-hr- Regular City Council meetinga shall ~ be held on the second and fourth Wednesday =,,d ~hall follo~, at 7:00 p.m., unless they are r d~ wor~hop, in which case they shall commence irm'nediate~ upon conclusion of the workshop session and shall adjourn at 10:30 P.M., unless extended by unanimous vote of the City Council members present. In no ev.e.nt shall a Regular meeting commence prior to 7:00 p.m, unless duly noticed, Ail unfinished business at adjournment shall be carried to the next regularly scheduled City Council meeting unless prior to adjournment items are placed on a special meeting agenda. SECTION 2. NO SUBSTANTIVE DECISIONS AT WORKSHOPS. At workshops, matters may be discussed and placed on an appropriate City Council meeting agenda for action. Substantive decisions shall not be made at workshops. SECTION 3. ROBERTS RULES OF ORDER_ADOPTED. The City Council will follow Roberts Rules of Order, Revised, 9th Edition, published by Scott, Foresman as a general guideline in the conduct of all meetings and workshops. Failure to follow said roles shall not affect the validity of any action taken. The City Council recognizes Robert Rules of Order are not applicable to every procedural matter governing a public official in the State of Florida. Each Councilmember must vote on all motions unless a Councilmember has a conflict of interest. A Councilmember may make a motion, second a motion or participate in discussion on a motion without relinquishing the chair. Members of Council have the exclusive fight to raise questions of procedure or a point of order to the Chair and have the Chair rule on the procedure or point of order. Any member of Council may appeal the decision of the Chair to the entire Council. SECTION 4. AGENI)A SUBMITTAL DEADLINE AND PREPARATION. The City Manager is directed to prepare agendas for all City Council meetings. Documentation for items on agendas must be submitted to the City Clerk not later than noon on the Thursday preceding the respective meeting to expedite the preparation of agenda packets. ~ AGENDA MODIFICATION.. City Council, by unanimous vote of members present, may modify the agenda to add ~ agenda item,, and. in suc~t event an individtm! who wishes to address Ci_ty Council with respect to the new agendakem. ~.hall be afforded a reasonable opportunity to si_ma the si_ma-up sheet for such new agenda item. (Language moved fi:om page 6) ~[~2_T_I_O_~. ORDER FOR PUBLIC HEARINGS (OTltER THAN QUASh JUDICIAL) BEFORE CITY COIJNCIL The order for public hearings (other than quasi- judicial) before City Council is as follows: 1. Chairperson shall announce the opening of the public hearing. 2. City Attorney shall read the Ordinance or Resolution by title unless law requires more than the rifle be read. 3. Chairperson, if appropriate, shall announce the ground rules that apply to the hearing. 4. City staff shall make a presentation, comments and preliminary recommendation, if any. 5. Public input. 6. City staff £mal comments and recommendation, if any. 7. Chairperson closes hearing unless hearing continuation granted by vote of three Councilmembers. 3 Continuance of Public Head~g. City Council may continue a public hearing unless a continuance would violate City Charter, City Code, State or Federal law. A Public heating may be continued to a time certain and date that the heating will be re-opened shall be stated in the record. City Council may defer action on a matter and continue the public hearing for receipt of written comments on the matter. Deferring Decision on Merits. City Council may defer a decision on the merits of any matter pending as a result of a public heahng. - Suspension of Rules. Any provisions of this Resolution may be suspended for good cause by a vote of at least four Councilmembers present at the time of the decision to suspend. The good cause shall be stated on the record. Fa/lure to Follow Rules. If City Council fails to strictly abide by any provision of th/s Resolution, such failure shall not invalidate action taken by City Council or staff. ~uKC_TI~N__Z. PROCEDURES FOR SPEAKERS AND INTRODUCTION OF NEW BUSINESS .FROM THE PUBLIC. i -~gllxull_~ke~. Speaker sign-up sheets shall be provided by the City Clerk prior to the commencement of any meeting of City Council in the City Council Chambers one half hour prior to the meeting or in the City Clerk's office from Monday through Wednesday from 8:00 a.m. to 4:30 prior to the meeting. Speakers at Council meetings shall be limited to individuals who have signed up to speak prior to commencement of the meeting er ~, except as provided in Secfiort $. Public Inout on Agenda Iten3~. Individuals who wish to address the City Council on 4 items where public presentations are permitted on the agenda shall address the City Council immediately prior to City Council deliberation of the agenda item. Individuals shall not address City Counc/l after commencement of City Council deliberation on an agenda item after public input has concluded, provided, however, the Mayor and members of City Council may recall an individual to provide additional information or to answer questions. Individuals shall have the opporumity to address City Council if they have signed the sign- up sheet prior to the commencement of the meeting with respect to an agenda-item on a first- come, first heard basis. In addition, individuals shall have the oppormmty to address City Council during a public hearing held in accordance with any federal or state law, the City Charter, the Code of Ordinances and the Land Development Code of the City of Sebastian. Introduction of Ne~w Business from the Public. Introduction of New Business from the Public shall be that portion of Regular Meeting agendas at which individuals may introduce new business not otherwise on the prepared agenda. Any individual wishing to introduce new business during the Introduction of New Business from the Public section of Regular City Council meetings shall indicate this by signing the sign-up sheet available to the public in City Council chambers one half hour prior to the meeting or in the City Clerk's~ J~ ~,~ office from Monday through Wednesday from 8:00 a.m. to 4:.~0 p.m. prior to commencement -5 ~: &'F~ of the meeting. Individuals shall be heard on a first come, first heard basis. Individuals are encouraged, whenever possible, to meet with staffto attempt to resolve matters. Individuals are also encouraged, whenever possible, to sign up for Introduction of New Business from the public by noon on the Thursday preceding the Ke~m.dar Meeting and provide documentation for inclusion in the agenda packet. No Public Input at Spec/al Meetings or Workshops. No public input or Introduction of New Business from the Public shall be allowed at special meetings ~, other than a scheduled public hearing, if any, unless provided in the meeting call. Section 5) Time Limit for Public Input. Individuals, who are not parties in quasi-judicial proceedings, shall be limited to ten (10) minutes in making oral presentations to the City Council, except if extended by the Chair or reduced by the Chair based on the amount of time available. Written Presentations. Individuals may also submit written presentations to the City Correct by providing ten (10) complete copies to the City Clerk phor to commencement of the meeting. Public Innut Addressed to Chair. All public input shall be addressed to the Chair, unless answering a question of a member of City Council or City staff. ~uE.fi_Tl_ON_~ VERBATIM TRANSCRIFTS OF CITY COUNCILMEETINGS_ The City Clerk's office is not required to prepare verbatim transcripts or parts of any ~ minutes of City Council meetings unless City Council, by majority vote, directs verbatim transcripts for any parts of any minutes it deems necessary and proper for conduct of internal affairs of city. Any person shall be required to transcribe their own verbatim transcript from a copy of the tape provided by the city clerk's office at such cost as allowed by Florida Statute. ~2TI_O2N___~ CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed, including Resolution No. R-95-23. SECTION 10. EFFECTIVE DATE. This Resolution shall take immediately upon its passage. The foregoing Resolution effect was passed for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Arthur Firtion Vice Mayor Carolyn Corem Councilmember Louise Cartwright Councilmember Norma Damp Councilmember Raymond Halloran The Mayor thereupon declared this day of , 1995. Resolution duly passed and adopted this ATTEST: 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 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 u FAX (407) 589-5570 CITY COUNCIL AGENDA TRANSMITTAL SUBJECT: Resolution No. R-95-41 Signatures for Financial Documents AGENDA NO: DEPT. ORIGIN: ~'-Y, j'.5 / City Clerk DATE SUBMITTED: 7/18/95 MEETING DATE: 7/26/95 APPROVED FOR SUBMI'rTAL: City Manager' EXItlglTS: K-95-41 Expenditure Required: Amount Budgeted: Appropriation Required: SUMMARY STATEMENT Current Resolution No. R-93-25 establishing policy regarding the number and form of signatures that must appear on financial documents of the City must be amended because ~ts reference to payroll co~flicts with payroll imprest Resolution No. R-94-60. Proposed Resolution No. K-9541 will establish the number and form of signatures for all financial documents of the City, other ~an payroll. RECOMMENDED ACTION Move to adopt Resolution No. R-95-41. RESOLUTION NO.: ~ A RESOLUTiON OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY FLORIDA, ADOPTING POLICY REGARDING THE NUMBER AND FORM OF SIGNATURES THAT MUST APPEAR ON CHECKS, DRAFTS, AND OTHER FINANCIAL DOCUMENTS; PROVIDING FOR REPEAL OF RESOLUTiONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABiLITY; AND PROVIDING FOR AN EFFECTIVE DATE. WltE~S, the present bank authorized signatories resolution only provides for two required signatures of a total of six authorized signatures; and WREREAS, based on demonstrated and predicted circumstances, the City has a need for additional flexibility in meeting legal requirements of disbursements and timely vendor payments to take full advantage of discounts and avoidance of penalties and late fees. NOW, TH]EREFO~, BE IT RESOLVED BY TI-IE CITY COUNCIL OF THE .. CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that. ~ The City Counc/1 of the City of Sebastian hereby establishes the following policy regarding the number of signatures and the form of such signatures that must be placed on certain documents regarding financial matters, including negotiable instruments, purchase orders, and other financial papers. The following six officials are hereby authorized to sign all such financial documents unless in a given case or cases a statute of law may require a different requirement: PRIMARY SIGNATORIES ALTERNATE SIGNATORIES City Manager City Clerk Finance Director Assistant Finance Director Mayor Vice-Mayor ¢ The alternate signatory will be authorized to sign in the absence of the primary signatory; however, aei4~r the primary ~ alternate may both sign the same check for any amount regardless of purpose at any time. The Finance Director or the City Manager may sign, as the sole signatory, checks and other negotiable or non-negotiable instruments, and other papers when the total of the financial obligation of any such instrument is five hundred dollars ($500) or less, except for payroll checks of the city, which shall be signed by two signatures, actual or facsimile. Any such instnnnents that have a financial obligation of more than f~ve hundred dollars ($500.00) shall require the actual manual signatur~e of two'of ~e above listed officials, and the ~~a~rsh~_~l be allowed o~~e~b.s_e~l~. or inability of the Finance Director or the City Manager to affix his or her signature. / Section 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. 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 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 Resolution without such invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. 2 Section 4. EFFEC~ DATE. This resolution shall take effect immediately upon adoption by the City Council and shall repeal Resolution No. R-93-25. The foregoing Resolution was moved for adoption by Councilrnember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Arthur L. 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 day of ,1995. ATTEST: CITY OF SEBASTIAN, FLORIDA By: Arthur L. Firtion Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk Approved as to Form and Content: Timothy Williams City Attorney City of Sebastian 1225 MAIN STREET r-, SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 "-' FAX (407) 589-5570 SUBJECT: REQUEST FROM MECHANICAL ) Agenda Number: RESEARCH & DESIGN CORPORATION TO ) LEASE AIRPORT PROPERTY ) Dept. Origin: Community Development Approval for Submittal By: City Manager Date Submitted: For Agenda Of:. Exhibits: 7/18/95 (BCj~ 7/.~.6/95 1. Memo dated 7/13/95 from Bruce Cooper with attachments 2. Message recieved via FAX on June 27, 1995 from Mr. Pino 3. Plat of survey for Airport EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The City of Sebastian has received a request from Mr. Rick Pino of Mechanical Research & Design Corporation indicating his desire to lease airport property. Mr. Pino indicated today that he would pursue 1-1/2 to 2 acres of land, with a first right of refusal for an additional 2 acres of adjacent property. Staff would not object to the 1st right of refusal provided the land is still on the market. The size of lease area will depend on his Engineer's recommendation. My memorandum dated July 13, 1995, will give the City Council a brief history of Mr. Pino's request. Attached is a vicinity sketch ( Exhibit ¢2) indicating the area of first preference by Mr. Pino. This area will allow independent access to Roseland Road without the need of an access from the new extension of Airport Drive West. If the City Council agrees to give tentative approval for Mr. Pino to relocate his business here within the city, Mr. Pino's engineer and/or surveyor will have to work with city staff and consulting engineer to determine specific location and dimensions in order to insure that the remaining area of property will be leasable. Agenda Cover Sheet Airport Property Lease Mechanical Research & Design Corporation Page Two After discussing this matter with Mr. John VanAntwerp, the following items should take place: City Council will review and approve or deny the request (tentative approval) from Mechanical Research & Design Corporation to lease airport property. Mr. Pino will negotiate a lease and rate agreement in order to be presented to City Council for ratification. The City (Airport Fund) will obtain an appraisal of the property in order to determine a fair market value for this lease. Prior to the City Council approving the lease, Mr. Pino must obtain FAA approval and obtain an approved site plan from the Planning and Zoning Commission indicating all improvements to the lease area. After the lease has been approved, application for a building permit may be submitted. RECOMMENDED ACTION Move to give tentative approval to Mr. Pino for Mechanical Research & Design Corporation subject to: A. Negotiated lease and rates to be ratified by City Council. B. FAA approval. C. Planning and Zoning approval of site plan. City of Sebastian 1225 MAIN STREET a SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MEMORANDUM DATE; TO; FROM: REFERENCE: July.13, 1995 Joel L. Koford City Manager Bruce Cooper Director of Community Development/ . Mechanical Research and Design Corporatl This memorandum is to provide you with a brief report regarding the above referenced corporation and the steps that city staff has taken for Mr. Pine to lease airport land. On May 26, 1995, we received a letter from Rick Pine regarding his desires to pursue a lease of airport property. This letter outlined Mr. Pine's needs for his business which included the requirement of three phase electrical power to his facility. By coincidence, I just had a meeting on May 16, 1995 with Dave Smith and Dennis Pagnano from FPL regarding three phase power to the airport property. Apparently, other fixed-base operators have attempted to obtain three phase power but, the costs were prohibited for a small business. My meeting with representatives from FPL indicated that FPL requires a 25% return on their investment within four years in order to provide this type of service with no cost to the customer. Therefore, a small operation that does not produce much of an electrical load would not qualify. Mr. Smith did indicate he would provide a cost analysis to provide three phase power to the airport industrial park. I informed Mr. Pine that FPL will review his request and respond as soon as possible. On June 13, 1995, I received the attached letter indicating that three phase power could be provided to the airport with no cost subject to a 250 unit housing project being constructed further south of the airport. This project has been known as Collier Creek PUD and there are prospects of bringing a residential development Mr. Joel L. Koford Airport Property/Three Phase Power Page Two to the area. Knowing that this PUD could take a long period of time to be developed, I requested Mr. Smith to review the costs to provide three phase service to the airport without this 250-unit project. Mr. Smith indicated in his latter that he would pursue the costs analysis for the airport property. While I was on vacation, I requested staff member Jan King to send a letter to Mr. Pino (attached, dated 6/26/95) informing him that we are still waiting for Mr. Dave Smith's response regarding the three phase power, and also requested Mr. John Van Antwerp to send information regarding rates and terms of the lease of airport industrial property. On July 7, 1995, Mr. John Van Antwerp sent Mr. Pino a copy of our standard lease agreement for his review. On June 27, 1995, Jan King faxed the recent developed scaled drawing of the airport property indicating the new Airport Drive West and the existing fixed based operators to Mr. Pino. That same day, Mr. Pino faxed back the same drawing indicating his preference of area for his business. As soon as I came back from vacation on July 7, 1995, I tried to contact Mr. Dave Smith regarding this information on three phase power, on July 11, 1995, I contacted Mr. Pino by phone to inform him that I was still trying to contact Mr. Smith regarding this information but, t had suggested that we go ahead and place his request to obtain preliminary approval on the July 26, 1995 meeting of the City Council. Mr. Pino did agree to this schedule although he would not be able to attend. In summary, I believe that Mr. Pino's requirement of three phase power was mandatory and therefore concentrated on trying to obtain this information from FPL prior to pursuing a preliminary approval. As soon as it was obvious that FPL was taking longer than anticipated to provide this information, I contacted Mr. Pino to pursue the preliminary approval through City Council and work out the specifics on the three phase power in the immediate future. End of report. 3301 Ballard Avenuee Po~$mouth, VA 23701 · (804) 488-4~59 5124/95 Ci~y of Sebastian t225 Main St. Sebastian, F1 32958-8697 Attn: B~ce Cooper C.B.O. Director of Co~unity Development Dear B~ce, This letter is in response to our meeting and phone conversation concerning my company's interest in relocating to the Sebastian Ai~ort Industrial area. I plan to relocate my business from Virginia to Indian River or Brevard County in Janura~ 1996. My preference is Sebastian, for I already own a home there. t understand, from our meeting, that the City of Sebastian has inco~orated within its Ai~ort "Master Plan" available land for lease to businesses that would like to relocate to Sebastian. t would like to submit my company for immediate consideration for land lease at ~he Ai~ort. My company is an engineering design and manufacturing fi~. Our customers include many industries such as const~ction, nuclear and fossil fired power plants, municipalities, utilities, aerospace, milita~ and general indust~ worldwide. Our main product is "Design and Build" solutions to customers' tough sealing problems. Our standard product line includes pipe plugs ranging in size from 1/2" to 1~4" for testing pipelines. Many of our sealing solutions include robotics or other "high tech" designs. Other facts about our company include the following: o We plan ~o build a 10000 sf building on the leased land. o We will employ ~ engineers/craftsmen at this facility. o We do not use any hazardous chemicals or produce any hazardous waste. o We recycle all waste aluminum and rubber. o Our business produces no noise, and all work is perfo~ed indoors. o We will re,ire 3 phase electrical at this facility. power o WE would be interested in leasing 1- 3 acres of land depending on the rate and te~s of the lease. I feel my business will be an asset to the Sebastian area and will serve as an anchor for additional "clean" industrial development at the Airport. Enclosed, is a company catalog and a local news release article about my company for your review. I am waiting for your positive response. My construction time frame, after approval of site plan, is ~ months. If you have any questions, or would like some business references, do not hesitate to contact me. RSck Pino President MR&D Corp. enclosures Jun'e 13, 1995 City of Sebastian 1225 Main St. Sebastian, Fi. 32958 Attn: Bruce Cooper Re: Three phase power to the Airport Industrial Park Dear Bruce: Dennis Pagano and I have had a chance to review your request that FPL provide three phase power to some potential Airport Industrial Park businesses as well as the existing businesses that have already located in the park. As you are already aware, a new 250-unit housing development is being proposed for the area south of the airport. This will require FPL to extend three phase power south to this area to meet their overall electric load. Dennis has also received load information from at least one perspective tenant, and his load justifies providing 120/240 three phase power to his business. Contingent on the above two items, FPL will be able to provide three phase 120/240 three phase to the new tenant. In addition, if any of the existing customers have the load and equipment to warrant 120/240 three phase, FPL will also be able to provide it. A list of their three phase equipment will be required. FPL will also investigate the cost to provide three phase service should the 250-unit housing project not become a reality. In addition, in order to build a pole-line into the park, an easement or road.right-of-way will have to be available. The plans currently show an ingress-egress easement with plans to make it a road right-of-way. FPL would also ask the City's help in resolving any conflicts that might arise with the FAA in moving forward with this project. Should you have any questions regarding this matter, please give me a call at (407) 489-6208. Sincerely, Dave Smith Account Manager copy: Dennis Pagano an I:PL Group compa.y City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 a FAX (407) 589-5570 June 26, 1995 Mr. Rick Pine Mechanical Research & Design 3301 Ballard Avenue Portsmouth, Virginia 23701 RE: Lease Property at Sebastian Airport Industrial Area Dear Mr. Pine: In response to your inquiry of May 24, 1995, I am still waiting for information to be provided by Florida Power & Light regarding your need for 3-phase power at a site you may wish to lease in our airport industrial area. Today my staff was informed by Mr. David Smith at FPL that he is researching this request and should have information for us by the end of this week. I have been on vacation myself, but I have instructed my staff to relay this information 'to you as soon as it is available. By copy of this letter to John Van Antwerp, Airport Manager, I am requesting that he contact you regarding the rate and terms of the lease for airport industrial property. If I or my staff can be of any further assistance to you in this matter, please do not hesitate to contact me. Sincerely, Bruce Cooper Director of Community Development BC:jk CC: Joel Koford, City Manager John Van Antwerp, Airport Manager City of Sebastian 1225 MAIN STREET (~ SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 u FAX (407} 589-5570 July 7. 1995 Mr, Rick l)ino Mcclmnical Rcscarch& Design 33OI Ballnrd Avenue Portsmouth, Virginia 23701 Re: Lease Property at Sebastian Airport Dear Mr F'ino: I am sen(ting yo, a copy of our blank land lease for Airport property, You may exclude Section 5, Fuel Flowagc Fee, and other sections that may apply to aviation only. l am also sending thc FAA rental rate requirements. The annual rent will be determined by using 8% to 12°,/o of appraised value for the annt,al rent. A current appraisal must bc ma(lc before we can establish rental rates. l lowever, for plan,lng purposes a good estimate of land value is approxi,natcly $25,000 per acre, or a rent rate of $2,5OO per acre per year. A three acre lease would rent for $650.00 per month. I am inquiring about water and sewer services and FPL. still hasn't given us a definite okay on thc 3-phase power. Will advise when that information becomes available. Sincerely, '" Johr~ Van Antwerp Airport Mannger cc:iCily of Sebastian 3301 B~l~d Avenue* Po~mouth, VA 23701 * -, z~ ho~ ~ CS0~) ~aso~ 1 -800-645-0808 ~~ ~.800-845~808 ~~ ~ ~.~~;,~~~~r'~..~~,'~'r,:.'~ ~ ;..~ ................ ~,m.,-::.. ~' ....:.. ...~'~~ I I PO~ City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 = FAX (407) 589-5570 SUBJECT:Award of Contract for ) Agenda No. Easy Street Bikepath from Hibiscus Avenue to Main Street Approved for Sub~ttal By: City Manager .,~,~ Dept. of Origin Public Works Dir. Date Submitted: For Agenda of Public Works 07-20-95 07-26-95 Exhibits: Summary Sheet of Bids and Bid and Contract Documents EXPENDITURE REQUIRED: .$26,578.00 AMOUNT APPROPRIATION BUDGETED: $26,578. REQUIRED: 0 S~Y STATEMENT The bids for 2910 linear feet of the Easy Street Bikepath from Hibiscus Avenue to Main Street were opened at 2:30 p.m. on July 18th, 1995. The six bids received as shown on the attached exhibit were reviewed by the Bid Review Committee on July 20, 1995. The office of the City Attorney has reviewed the attached agreement. The Committee recommended that the contract be awarded to Pan American Engineering Company, Vero Beach, Florida for the alternate bid in lieu of the base bid. A copy of the bid and contract documents are also attached. All bid documents and signed forms submitted by the Bidders are on file in the office of the City Clerk. RECOM14ENDED ACTION It is recommended that the city Council move to award the contract for construction of the Easy Street Bikepath from Hibiscus Avenue to Main Street in the amount of $26,578 and for a time of completion of 60 consecutive calendar days following the issuance of the Notice to Proceed. EASY CONTRACT DOCIIMENTS AND SPECIFICATIONS FOR THE S TRE ET B I KE P AT H FROM HIBISCUS AVENUE TO MAIN STREET PREPARED BY THE CITY OF SEBASTIAN DEPARTMENT OF PUBLIC WORKS JUNE, 1995 City of Sebastian 1225 MAIN STREET ~ SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 u FAX (407) 589-5570 NOTICE OF INVITATION TO BID SEALED BiDS FOR CONSTRUCTION OF AN ASPHALT BIKE PATH ON EASY STREET WILL BE RECEIVED BY THE OFFICE OF THE CITY CLERK, CITY OF SEBASTIAN, FL, 32958 UNTIL 2:30 P. ON T~uesdav. July 18, 1992 Bid envelopes should be clearly marked as shown below. BID: CONSTRUCTION OF BIKE PATH ON EASY STREET Bidders will be responsible to supply all labor, supervision, materials, tools and equipment to construct a six (6) foot wide asphalt bike path on the west side of Easy Street from ~ibiscus Avenue to Main Street. The Contractor is responsible for excavation and fill, stabilization of subgrade, construction of a cemented coquina base course, paving an asphalt wearing surface, and sodding. The estimated length of the bike path is 2 910 linear feet. ' Prospective bidders must contact the City Clerk's office in person, by mail at the above address, or by telephoning (407) 589-5330 for bidding documents and specifications. Bids will be publicly opened and read aloud at 2:30 P.M. Tuesday, July 18, 1995, in the City Manager's Conference Room. City reserves the right to reject any and all bids. on The BY: KATHRYN M. O'HALLORAN CITY CLERK CITY OF SEBASTIAN PUBLISH PRESS JOURNAL DATE June 30, 1995 SCOPE OF WORK FOR EASY STREET ASPHALT BIKE PATH The scope of work shall include all labor, supervision, materials, tools, equipment, mobilization and demobilization, clean up, traffic safety, insurance, bid preparation, utility locates, sanitary facility provisions, removal of objects within the right-of-way in conflict with the bike path location, and other related costs to properly construct a six (6) foot wide bike path along the west side of Easy Street starting from the south edge of pavement on Main Street to the north edge of pavement to Hibiscus Avenue. The total cost for the work to be accomplished shall be fully incorporated in the unit prices which appear on the Bid Form. The Contractor is advised that the quantities which appear on the Bid Form are approximate only and should be verified by him/her prior to the preparation of the Bid. The Contractor should especially take into consideration the "Payment Area" as shown on the Easy Street Bike Path Cross Section found in the Bid/Contract Documents. The Contractor shall incorporate into his/her Bid an allowance for additional grading and sodding at areas where the bike path must ramp from grade to meet existing driveways. In some areas, the back slope at a maximum slope of three (3) horizontal to one (1) vertical will no doubt exceed the two (2) foot transitional area shown in the "Payment Area" on the typical cross section. However, no additional payment will be made separately for the additional sod and grading at these areas. The Bid Price (Unit Price) shall reflect the additional work to be done outside the payment area. The City will require the Contractor to match the alignment of the new bike path to be directly opposite the existing bike path on the north side of Main Street where the Main Street bike path turns and heads south toward Easy Street. The City shall provide the alignment for the bike path at the southwest corner of Main Street and Easy so that the bike path can be constructed as far as practical from the edge of pavement at the intersection. The alignment at this intersection ~ will be a departure from the bike path cross section but shall not materially alter the payment area or work to be done in that area as shown on the cross section. o o o REQUIRED COPIES Ail bids shall be submitted on the Bid Proposal Forms provided by the City with six copies. SEALED BIDS Bids shall be enclosed in a sealed envelope which shall show the date and time for the opening of the bids, the name of the bid, and the name and address of the Bidder. BIDS NOT CONSIDERED Late bids, telegraphed or FAXed bids will not be considered. However, bids may be withdrawn by telegraphic or FAX notice, providing such notices are received prior to the hour and date specified on the bid. BID OPENING Bids must be received at or before the specified time of opening as designated on the Notice of Invitation to Bid. Bidders are welcome to attend; however, attendance is not mandatory. Bids will be Lm~tediately opened after the time designated in the Notice of Invitation to Bid and publicly read aloud, providing one or more Bidders are in attendance. A bid tabulation will be furnished upon request after the bids have been reviewed and analyzed by the Bid Review Committee. BID EXAMINATION Bid files may be examined during normal working hours, ten (10) days after bid opening, by appointment. REQUIRED INFORMATION Bidders shall follow all instructions and provide all information requested on the Bid Proposal Forms. Contractors wishing to qualify all or any portion of the bid shall provide a hand printed or tYlDed explanation on the bid or separate attachment to be submitted with the bid. ACCEPTABLE BIDS Bid proposals shall be typewritten or filled in with ink. Proposals having erasures or corrections must be initialed by the Bidder in ink. Page 1 of 4 !0. 11. NEW MATERIALS Prices shown on the bids must be prices for new materials. SALES TAX Although the City of Sebastian is exempt from Federal and State Sales and Use Taxes, vendors or contractors doing business in Sebastian are no__~ exempted from paying sales tax to their supplier for materials to fulfill contractual obligations with the City, nor shall any vendor/contractor be authorized to use the City's Tax Exemption Number in securing such materials. CONFLICT OF INTEREST The award is subject to provisions of State Statutes and City Ordinances. Ail Bidders must disclose with their bid the name of any officer, director, or agent who is also an employee of the City of Sebastian. Further, all Bidders must disclose the name of any City employee who owns, directly or indirectly, an interest of ten percent (!0%) or more in the Bidder's firm or any of its branches. Should the successful Bidder permanently or temporarily hire any City employee who is, or has been, directly involved with the Bidder prior to or during performance of the resulting contract, the contract shall be subject to immediate termination by the City. LICR~SiNG AND/OR REGISTRATION REQUIREMENTS Contractors must show their current occupational license and be up to date if their business is located within the Sebastian City limits. If the Bidder is a State Certified General Contractor, the Bidder must be registered with the City of Sebastian. If the Bidder is a State Registered General Contractor, then the Bidder must hold a Competency Card with the City. Should there be any uncertainty as to the licensing and/or registration status with the City, the Bidder shall contact the Administrative Assistant at the Community Development Department. The Bidder shall submit with the bidding documents one (1) copy of all licenses as required bY the bid documents. Failure to submit evidence of licenses shall result in the rejection of the bid. Federal, State, and City laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the Bidder shall in no way be a cause for relief from responsibility. Page 2 of 4 12. 13. 14. 15. 16. 17. Contractors doing business with the City are prohibited from discriminating against any employee, applicant, or client because of race, religion, color, disability, national origin, gender, or age with regard to but no~ limited to the following: employment practices, razes of pay or other compensation methods, and training selection. MISTAKES In the event of mathematical errors, the correct totals will prevail and the Bid will be corrected accordingly. Bids having erasures or corrections must be initialed and dated in ink by the Bidder. WITHDRAWAL If, within two business days after the Bids are opened, any Bidder who files a duly signed, written notice with the City Clerk's Office, and promptly, thereafter, demonstrates to the reasonable satisfaction of the City that there was a material and substantial mistake in the preparation of the Bid, that Bidder may withdraw his/her bid. WITHDRAWAL OF FUNDS The obligations of the City of Sebastian under this award are subject to the availability of funds lawfully appropriated for its purpose by the City Council of the City of Sebastian. PUBLIC ENTITY CRIM~S Any person submitting a bid in the response to this invitation must execute the attached SWORN STATEMENT UNDER SECTION 287.133, FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES, Form PUR. 7068, including proper check(s) in the space(s) provided, and enclose it with said bid. DRUG-FREE WORK~LACE The Drug-Free Workplace form, in accordance with Section 20 of the Agreement and as attached hereto, shall be submitted with the Bid Form. BID GUARANTEE The Bidder warrants that the unit prices, terms, and conditions quoted in his/her bid will be firm for acceptance for a period of not less than sixty (60) days from the bid opening date. Such prices will remain firm for the period of Page 3 of 4 18. 19. 20. perfo ,rmance of resulting purchase orders or contracts which are to be performed. The contract will be awarded to the lowest responsible Bidder or Multiple Bidder(s) whose bid, conforming to the specifications and Instructions For Bidders, will be most advantageous to the City in consideration of price, time of performance, add to this and other factors as determined by the Bid Review Committee. REJEC~!ON OF BIDS The City reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time, or changes in the work and to negotiate contract terms with the successful Bidder, and the right to disregard all non- conforming, non responsive, unbalanced, or conditional Bids. More than one Bid from an individual, firm, partnership, corporation, or association under the same or different names, will not be considered. Any or all proposals will be rejected if there is reason to believe that collusion exists among the Bidders and no participants in such collusion will be considered in future proposals for the same work. The one (1) year term as stated on Page 4 of the Agreement is NOTAPPLICABLE for this project. The term shall be the number of calendar days accepted and approved by the City based upon the number of days the Contractor has designated on the Bid Form to complete the project. 21. B~D. PERFOR~ANCE. AND PA~/~NT BONDS No Bid Bond, Performance Bond, and Payment Bond shall be required for this project. The Bidder shall refer to Paragraph 12 entitled "Performance and Payment Bonds" found on Page 7 of the Agreement. 22. /2L~L~2L~,~ The Contractor shall provide the required types and amounts of coverage of insurance as stated on Pages 5 and 6 of the Agreement if awarded the contract. Failure to do so shall result in the rejection of the Contractor to enter into Contract with the City. The City reserves the right to enter into Contract with the next lowest responsible bidder meeting all of the insurance requirements. The contractor shall include the cost of procuring and maintaining the type and amounts of insurance coverage for the limit of the contract in his/her unit bid prices. Page 4 of 4 SPECIAL TERMS AND CONDITIONS SCHEDULING COMMENCEMENT OF WORK The contractor shall begin work within ten(10) calendar ~ of written notice to proceed by the City. CONTRACT TIME The contract time for completion of the work shall be written in the line item provided on the Bid Schedule and shall be incorporated into the contract with the City if the Contractor is selected to perform the work. CONSTRUCTION SCHEDULE Five (5) calendar days before commencing work, the Contractor shall submit a construction schedule reflecting all the working operations within the scope of the work described in this contract. Said construction schedule is subject to approval by the City. The schedule shall be a bar graph with time for completion of the bikepath shown in weeks. LIQUIDATED DAMAGES The City shall be entitled to liquidated damages in the amount of One Hundred Dollars ($100) per day for every day that the Contractor is late in completing the work described in this Contract. Said damages shall be deducted by the City from monies due Contractor. LOCATION OF EXISTING UTILITIES AND PIPING Ail existing underground utilities, such as telephone, cable television and electrical cables must be located by the Contractor prior to starting work. The Contractor shall contact the Utilities at least 48 hours prior to commencing any work within the Easy Street right-of-way. There are no public water and sewer lines within the project area. The cost of substantiating the location of utilities shall be borne by the Contractor and included in his/her bid price. The Contractor shall be responsible for the repair and/or replacement of utilities which he/she damages during the course of construction. TRAFFIC CONTROL All safety precautions, traffic control, and warning devices necessary to protect the public and workmen from hazards STC - 1 of 3 SECTION 102, MAINTENANCE OF TRAFFIC, in the Florida Dept. of Transportation Std. Specifications for Road and Bridge Construction, 1991 Edition. Flagmen may be required for construction operations near or on Easy Street if it is deemed necessary by the City Public Works Dept. SANITARY FACILITIES The Contractor shall provide sanitary facilities on site acceptable to the Florida State Board of Health for his work crews during the course of construction. FINAL CLEAN-UP AND REPAIRS The work will be considered complete only after all debris and unused material due to or connected with the work have been removed and the bikepath and surrounding area left in a condition satisfactory to the City Public Works Dept. In the event the City finds that the Contractor has been negligent in keeping the job site clean, the City may, after twenty-four (24) hours give written notice to the Contractor to correct the situation, and elect to have the job site cleaned by an independent labor force. The cost of cleaning by said independent labor force shall be deducted from monies due the Contractor. Ail property, structure, utilities, landscaping, etc., disturbed or damaged during the prosecution of the work shall be restored to their former or better condition at no additional exqpense to the City. Final payment will be withheld until such clean-up and repairs are completed. RETAINAGE Retainage for each Partial Payment and any Materials Storage shall be ten (10) percent of the total amount of payment. No retainage shall be held at Final Payment. PRE-CONSTRUCTION CONFERENCE The City Public Works Dept. shall hold a pre-construction conference at Sebastian City Hall at a time and date mutually agreed upon with the Contractor after the Contract has been awarded and fully executed. PERMITS There are no permits required for the construction of the bikepath on Easy Street. STC - 2 of 3 10. RELOCATION OF MAILBOXES, SPRINKLER SYSTEMS, FENCESt ORNAMENTAL SHRUBS: The City of Sebastian Public Works Dept. shall notify all property owners on Easy Street within the project area, at least two weeks in advance so that mail and newspaper boxes, sprinkler systems, ornamental shrubs, lawn ornaments, house numbers, fences, etc. may be removed and relocated by the property owners. The City will not remove, relocate, or re- install mail boxes, sprinkler systems, ornamental shrubs, etc. belonging to a private property owner. However, should such items not be removed or relocated by the start of construction, the Contractor shall remove the objects, at no extra cost to the City, which interfere with the construction of the bikepath and place them on the property owner's front lawn just outside the project limits. The City shall remove and relocate all traffic control signs as required. PLACEMENT OF HEAVY EQUIPMENT The Contractor shall not leave heavy construction equipment parked in front of a residential lot overnight or on weekends. At the close of work each day, the equipment shall be driven to and stored in a designated area so that the equipment will not become an "attractive nuisance" to neighborhood children. All equipment left idle during the course a of working day, such as during lunch hours or work breaks, shall not be left in a condition or location which would create a safety hazard to the general public. All keys shall be removed from the machines during those times. STC - 3 of 3 FOR THE EASY STREET BIKE PATH FROM HIBISCUS AVENUE TO MAIN STREET THIS AGREEMENT, made this day of , 1995 by and between the City of Sebastian, a Municipal Corporation organized and existing under the laws of the State of Florida (hereinafter called the "City"), and , or its successors, executors, administrators, and assigns (hereinafter called "Contractor"): W .I T N E S S E T H: The City and Contractor for good and valuable consideration as hereinafter set forth, do mutually agree as follows: 1. Scope of Work. Contractor agrees to furnish all materials, labor, supervision, and services necessary to complete the Work as described in the contract documents (the "Contract Documents") and agrees to complete the Work in a workmanlike manner in accordance with all applicable codes and in full compliance with the Contract Documents. 2. Contract Documents. (a) The Contract Documents consist of this Agreement, Notice of Invitation to Bid, Instructions for Bidders, Special Terms and Conditions, Bid Form, all drawings, specifications, addenda issued prior to the execution of this Agreement, other documents listed in this Agreement and modifications issued after execution of this Agreement. The Addenda, if any, are as follows: · The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by Contractor. The Contract Documents are complimentary, and what is required by one shall be binding as if required by all; performance by Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the intended results. (b) The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the City and a Subcontractor or a Sub-subcontractor, or, (2) between any persons or entities other than the City and Contractor. (c) The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all labor, materials, equipment and services provided or to be provided by Contractor to fulfill Contractor's obligations hereunder. The Work may constitute the whole or a part of the project. 3. Contract Sum and Parchment to Contractor. (a) ContractSum~ The City shall pay to Contractor for Contractor's performance hereunder, the amount(s) specified in the Contract Documents (the "Contract Sum"). (b) Proqress payments. The City shall make progress payments on account of the Contract Sum to Contractor as provided below and elsewhere in the Contract Documents. (i) Each Application for Payment by Contractor shall be submitted to the City by the twenty-fifth (25th) day of each month. (ii) Provided an Application for Payment is received by the City not later than the twenty-fifth (25th) day of a month, the City shall make payment to Contractor not later than the tenth (10th) day of the following month. If an Application for Payment is received by the City after the application date fixed above, payment shall be made by the City not later than ten (10) days after the City receives the Application for Payment. - (iii) Final payment to Contractor is contingent upon acceptance of the Work by the City. (c) Reimbursable Expenses. The provisions of Florida law shall govern the reimbursement of per diem and travel expenses to Contractor. Contractor shall not be reimbursed in excess of the rates prescribed by law. Any re~aest for reimbursement by Contractor shall be accompanied by documentation which is, in the reasonable opinion of the City, sufficient to establish the expenditure on the part of Contractor. Easy Street Bikepath 4. Qontractor's Obligations. (a) Contractor shall supervise and direct the Work, using Contractor's best skill and attention. Contractor shall be solely responsible for and have control over construction means, methods, 5echniques, sequences and procedures and for coordinating all portions of the Work under this Agreement, unless the Contract Documents give other specific instructions concerning 5hese matters. (b) Unless otherwise provided in the Contract Documents, Contractor shall provide and pay for labor, materials, equipment, ~tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. (c) Unless otherwise provided in the Contract Documents, Contractor shall pay all sales, use and other similar taxes and shall secure and pay for all permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work. (d) Contractor shall enforce strict discipline and good order among Contractor's employees and other persons carrying out the Work. Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. (e) Contractor currently holds and shall maintain at all times during the term of this Agreement all required federal, state and local licenses necessary to perform the Work required under the Contract Documents. (f) Contractor shall be responsible to the City for the acts and omissions of Contractor's employees, Subcontractors and their agents and employees, and other persons performing portions of the work under a contract with Contractor. Easy Street Bikepath 5. W~ Contractor warrants to the City that all materials and labor furnished under this Agreement shall be free from any and all defects for a period of one (1) year from the date of completion of the Work, and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. Correction of Work. (a) Contractor shall, at no cost to the City, promptly correct Work failing to conform to requirements of the Contract Documents, whether observed before or after completion of the Work and whether or not fabricated, installed or completed, and shall correct any Work found to be not in accordance with the requirements of the Contract Documents within a period of one (1) year from the date of completion of the Work or by the terms of an applicable special warranty required by the Contract Documents. The provisions of this Paragraph 6 apply to the Work done by Subcontractors as well as to the Work done by direct employees of Contractor. (b) Nothing contained in this Paragraph 6 shall be construed to establish a period of limitation with respect to other obligations which Contractor might have under the Contract Documents. Establishment of the time period of one (1) year as described in Subparagraph 6(a) above relates only to the specific obligation of Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish Contractor's liability with respect to Contractor's obligations other than specifically to correct the Work. 7. Subcontracts. (a) A Subcontractor is a person or entity who has a direct contract with Contractor to perform a portion of the Work. (b) A Supplier is a person or entity who has a direct contract with Contractor to provide materials and/or supplies required to perform a portion of the Work. Easy Street Bikepath 4 (c) Unless otherwise stated in the Contract Documents or the bidding requirements, Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the City the names of the Subcontractors and Suppliers for each of the principal portions of the Work. Contractor shall not contract with any Subcontractor or Supplier to whom the City has made reasonable and timely objection. Contracts between Contractor and its Subcontractors and Suppliers shall require each Subcontractor and Supplier, to the extent of the Work to be performed by the Subcontractor and the material and/or supplies to be provided by the Supplier, to be bound to Contractor by the terms of the Contract Documents, and to assume toward Contractor all the obligations and responsibilities which Contractor, by the Contract Documents, assumes toward the City. 8. Te~nn. The term of this Agreement shall be one (I) year from the date of the Agreement unless otherwise specified in the Contract Documents. The parties reserve the right to extend the term of this Agreement for an additional term of one (1) year on the same terms and conditions upon mutual written agreement. 9. Termination. (a) F_o~. If Contractor defaults or persistently fails or neglects to carry out the Work in accordance with the Contract Documents or fails to perform a provision of this Agreement, the City, after ten (10) days written notice to Contractor and without prejudice to any other remedy the City may have, terminate this Agreement. (b) ~izhout Cause. The City retains the right to cancel this Agreement at any time, with or without good cause, upon written notice to Contractor when such termination is deemed by the City Council, or their designee, to be in the public interest. (c) pa_vment Upon Termination. In the event of termination as provided herein, Contractor shall be paid for services performed through the date of termination, less damages incurred by the City as a result of Contractor's failure to carry out the Work in accordance with the Contract Documents and Contractor's failure to perform any provision of this Agreement. Easy Street Bikepath 10. ~ To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless the City and the City's agents, servants and employees, from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from performance of the Work, except for injuries, damages or claims which are the result of the sole negligence of the City, its agents, servants, or employees. Contractor hereby acknowledges that the obligations imposed upon the City and the terms of this Agreement are the specific consideration for the indemnification provided herein. 11. /~ Contractor shall procure and maintain during the life of this Agreement insurance of the types and subject to the limits set forth below. Contractor shall also provide the City with evidence of this insurance prior to commencement of the Work in the form of Certificates of Insurance which shall be subject to the City's approval for adequacy. (a) Workers' Compensation. Contractor shall purchase from and maintain in any company or companies lawfully authorized to do business in Florida, workers' compensation insurance for protection from claims for damages because of bodily injury, including death, and from claims for damages, other than to the Work itself, to property which may arise out of or result from Contractor's operations under this Agreement, whether such opera,ions be by Contractor or by Subcontractors or by anyone directly or indirectly employed by any of them. This insurance shall be written for not less than the limits of liability required by law, and shall include contractual liability insurance applicable to Contractor's obligations under Paragraph 10. Coverage B, Employer's Liability, shall be written for a minimum liability of $100,000.00 per occurrence. (b) Commercial General Liability. Contractor shall provide and maintain during the life of this Agreement, at Contractor's own expense, Commercial General Liability insurance with a combined single limit of at least $300,000. Easy Street Bikepath (c) Commercial Auto Liability. Contractor shall provide and maintain during the life of this Agreement, at Contractor's own expense, Commercial Auto Liability insurance with a combined single limit of $300,000. 12. Performance and Pam~ne~t Bo~d~ "Section 255.05 of the Florida Statutes requires that any bidder who obtains a contract from a City to perform a public works project must post a performance and payment bond unless the City waives such bond. In the event the City waives the bonding requirements, the following will apply: (a) The successful bidder must present an insurance certificate to the City that verifies workers' compensation insurance, as required by Florida law and (b) A general liability policy with the combined single limit of at least $300,000 and (c) A 10% retainer fee will be withheld until the contractor presents an affidavit to the City that it has paid all subcontractors, laborers and materialmen for the work which has been performed and evidence from each subcontractor, laborer and materialmen of such payment. 13. Assiqnment. Contractor shall not assign this Agreement to any other persons or firm without first obtaining the City's written approval. !4. ~ All notices, requests, consents, and other communication required or permitted under this Agreement shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed to: IF TO THE CITY: City of Sebastian Attn: Joel Koford, City Manager 1225 Main Street Sebastian, Florida 32958 Easy Street Bikepath WITH A COPY TO: IF TO CONTP~ACTOR: Clifton A. McClet!and Jr., P.A. City Attorney c/o Potter, McCelland, Marks and Healy, P.A. P.O. Box Melbourne, Florida 32902-2523 15. Time. Time limits stated in the Contract Documents are of the essence of this Agreement. By executing this Agreement, Contractor confirms that the contract time is a reasonable period for performing the Work. 16. Confl~t mf In/~eres t. (a) Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided by law. Contractor further represents that no person having any such interest shall be employed in performance of the Work. (b) Contractor shall promptly notify the City in writing by certified mail of all potential conflicts of interest prohibited by existing state law involving any prospective business association, interest or other circumstance which may influence or appear to influence Contractor's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that Contractor may undertake and request the opinion of the City as to whether the association, interest or circumstance would, in the opinion of the City, constitute a conflict of interest if entered into by Contractor. The City agrees to notify Contractor of its opinion by certified mail within thirty (30) days of receipt of notification by Contractor. Easy Street Bikepath If, in the opinion of the City, the prospective business association, interest or circumstance would not constitute a conflict of interest by Contractor, the City shall so state in the notification and Contractor shall, at its option, enter into said association, interest or circumstance and it shall be deemed to be not a conflict of interest with respect to services provided to the City by Contractor under the terms of this Agreement. 77 C~ .... li~ce With All AD~li~hle Federal Laws. Contractor regulate or impact the Work, including, but not Ii · , Clean Air Act (42 USC §7506(c)), The Endangered Species Act (16 USC §1531, et ~L~), Executive Order No. 11593, Executive Order No. 11988, Executive Order No. 11990, The Fish and Wildlife Coordination Act (PL 85-624), The Safe Water Drinking Act Section !424(e) (PL 93-523, as amended), The Wild and Scenic Rivers Act (PL 90-542, as amended), The Demonstration Cities and Metropolitan Development Act of 1966 (PL 89-754), Section 306 of The Clean Air Act, Section 508 of The Clean Water Act, Executive Order No. 11738, The Civil Rights Act of 1964 (PL 88-352), The Age Discrimination Act (PL 94-135), Section 13 of The Federal water Pollution Control Act (PL 92-500), Executive Order No. 11246, Executive Order No. 11625, Executive Order No. 12138, Executive Order No. 12549, The Davis Bacon Act (40 USC §276), the Occupational Safety and Health Act and applicable regulations, and the Amerlcans with Dlsabl!mt~es Act (PL 101-336). 18. Liquidated Damaqes~ In the event Contractor v~olates or fails to perform any provision of the Contract Documents, then the City may elect to receive as liquidated damages the amount(s) specified in the Contract Documents. It is expressly acknowledged by Contractor that said payment shall not be interp_reted nor construed as a penalty but is in fact a good faith attempt to fix damages which the City will suffer in the event Contractor fails to perform as required hereunder or violates any provision of the Contract Documents. 19 ~%d, Perfo ~r~nCe, And Payment Bonds. No bonds are required for this contract. Easy S~reet Bikepath 9 ~ 20. Dru~-Free ~orkDlace. Contractor, in accordance wi~h Florida Statute 287.087, hereby certifies that Contractor does: (a) 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. (b) Inform employees about the dangers of drug abuse in the workplace, the business's 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. (c) Give each employee engaged in providing the commodities or contractual services that are required hereunder a copy of the statement specified in Subparagraph (a) . (d) In the statement specified in Subparagraph (a), notify the employees that, as a condition of working on the commodities or contractual services that are required hereunder, 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 !893 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. (e) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. (f) Make a'good faith effort to continue to maintain a drug-free workplace through implementation of Subparagraphs (a) thru (e). Easy Street Bikepath 10 21. P~.!%c Entity Crimes. (a) Contractor hereby acknowledges, represents and warrants: (i) That a "public entity crime" as defined in Paragraph 287.!33(!) (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 of 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. (ii) That "convicted" or ,,conviction" as defined in means a finding of guilt Paragraph 287.133(1) (b), Florida Statutes, 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. (iii) That an ,,affiliate" as defined in Paragraph 287.!33(1) (a), Florida Statutes, 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 active in the of the entity and who has person who is management 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. Easy Street Bikepath 11 (iv) That a "person" as defined in Paragraph 287.133(1) (e), Florida 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. (b) Based on information and belief, the statement which Contractor has marked below is true in relation to Contractor submitting this sworn statement. [indicate which statement applies.] Neither Contractor, nor any of its officers, d-~rectors, executives, partners, shareholders, employees, members, or agents who are active in the management of Contractor, nor any affiliate of Contractor has been charged with and convicted of a public entity crime subsequent to July 1, 1989. Contractor, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of Contractor, or an affiliate of Contractor has been charged with and convicted of a public entity crime subsequent to July 1, 1989. Contractor, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of Contractor, or an affiliate of Contractor has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place Contractor on the convicted vendor list. [attach a copy of the final order]. Easy Street Bikepath 12 (C) CONTRACTOR UNDERSTANDS THAT THE ACKNOWLEDGemeNTS, REPRESENTATIONS AND WARP~ANTIES MADE IN THIS PARAGRAPH 21 TO THE CITY ARE FOR THE CITY ONLY AND, THAT SUCH AC~/~OWLEDGMENTS, REPRESENTATIONS AND WARRANTIES ARE VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH THIS AGREEMENT IS EXECUTED. IN THE EVENT THE TERM OF T~IS AGREEMENT SHALL EXTEND BEYOND ~ CALENDAR YEAR IN WHICH IT WAS EXECUTED, CONTRACTOR SHALL EXECUTE AND SUBMIT TO THE CITY A NEW SWORN STATEMENT UNDER SECTION 287.133, FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES, FORM PUR. 7068, AS REVISED FROM TIME TO TIME. CONTRACTOR ALSO UNDERSTANDS THAT CONTRACTOR IS REQUIRED TO INFORM THE CITY PRIOR TO ENTERING INTO A CONTRACT iN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287 .017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS PARAGRAPH 21. 22. Rntire and. Sole Agreement~ Except as specifically stated herein, the Contract Documents constitute the entire agreement between the parties and supersede all agreements, representations, warranties, statements, promises and understandings not specifically set forth in the Contract Documents. Neither party has in any way relied, nor shall in any way rely, upon any oral or written agreements, representations, warranties, statements, promises or understandings not specifically set forth in the Contract Documents. 23. Successors ~d AssionsJ Except as otherwise provided in the Contract Documents, all covenants and agreements of the parties contained in the Contract Documents shall be binding upon and inure to the benefit of the respective successors and assigns of the parties. 24. Attorney's Fees. In the event any action, proceeding, suit or claim is filed, initiated or maintained to enforce any of the provisions of the Contract Documents, the prevailing party shall, in addition to relief to which it is otherwise entitled, be entitled to recover such further amounts, to the extent lawful, as shall be sufficient to pay the cost and expenses of enforcement, including reasonable attorney's fees, both at trial and all appellate levels. Easy Street Bikepath 13 25. ~ No remedy herein conferred upon any party is intended to be exclusive of any other remedy and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. 26. Governing Law. The Contract Documents shall be construed and enforced in accordance with and governed by the laws of the State of Florida, and venue for any action pursuant to the Contract Documents shall be in Indian River County, Florida. 27. ~ Neither the Contract Documents nor any term thereof may be changed, waived, discharged or terminated orally, except by an instrument in writing, signed by the party against which enforcement of the change, waiver, discharge or termination is sought. 28. ~r. The failure of any of the parties at any time to require performance of any provision of the Contract Documents shall in no manner affect the right of such party at any later time to enforce or require the same unless waived in writing. No waiver by any party of any condition or breach shall be construed or deemed to be a waiver of any other condition or any other breach of any term, covenant or warranty contained in the Contract Documents. IN WITNESS WHEREOF, the City has hereunto subscribed and Contractor has affixed his, its, or their names, or name. CITY: ATTEST: THE CITY OF SEBASTIAN, FLORIDA Kathryn M. O'Hal!oran CMC/AAE, City Clerk By: Name: Arthur L. Firtion (Corpqrate Seal) Title:~ayor of Sebastian Easy Street Bikepath 14 Approved as 5o Form and Legal Sufficiency: Clifton A. McClelland Jr., City Attorney Signed, sealed and delivered in the presence of: Name: Name: CONTP~ACTOR: By: Name: Title: STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing insurument was acknowledged before me this day of , 1995 by the of the CITY OF SEBASTIAN, FLORIDA, on behalf of the CITY OF SEBASTIAN. He/she is personally known to me or produced as identificauion. Notary Public, State of Florida Prinued Name Commission Number Easy Street Bikepath 15 STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing insCrumenc was acknowledged before me this day of ~ __, 1995 by , on behalf of CONTRACTOR. He/she is personally known to me or produced ~ ~ ~ as identification. State of Florida COLm~Lis sion Number Easy Street Bikepath 16 SWORN STATEMENT UNDER SECTION ~?.13B(3)(a), FLORIDA STATUTES, ON PUBLIC Ei~TITY Cl~ME.S TtIIS FOR~! MUST BE SIGNED II~ THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTFIOfUZED TO ADMINISTER OATHS. t. This sworn statement is submitted ~th Bid, Proposal or Contract No. This sworn statement is sulumitted by [name' of e{mttt? submlttlug ~,.or~ stata.~.~nt] whose business address is and (ii' applicable) its Federal Employer ldenttl2cation Number (FEIi~ is (If the entity has no FEnq, [u¢tude the $o~1 Security Numbee of the individual signing tim/s sworn .) statemer, u My name is [please print name of Individual signing] end my relationsb.ip to the entity named above is I understand that a 'public entity c~¢' as deft,xed i~ paxagraph 287. L33(1)(g), ~ mea~ a violation of any state or federal law by a pexson witlx respect to and ciixecfly related to time transaction of business wi~ any public entity or witlm att agency or poetical subdivision of $.uy otlmcr state or vdth the United States, ~,duclixig, but ROt limited to, any bid or ~outra~t for goods or services to be provided to arty public entity or aR agency or political subdiv~ion oi any o.tlxcr s.tate or of the United States and lnvotv/ng antitr~t, fraud, theft, bn'ber~', collusion, rac2teteenn/, c~nspira~, or mated,al misrepreseutattom [ understand that 'convicted' or 'ounvic'don' as defined in pa.,-agrapit 2f{7.13.3(1)(b), ~orlda Statutes, mea~ a ~uding of guilt or a conviction o[ a public entity crime, wittt or ~vithout axt adjudicatiott o~ guilt, in any federal or state trial court of rea:etd relating to ctmxges brought by iudtcuxient or information after Suiy t, 1989, as a result o~ a jury verdict, uoujury u-iai, or entry of a plea of guilty or uO[O e. ont~ndete. [ understand that au °affiliate' as defined in Paragraph 287. L33(1)(a), ~ means: t ,~ ~,redece.ssor or su,-,-~or of a person c~nvic~ed o[ a pu. bltc entity .?im~: or ........ ~ u~ce~ anti who h,s be~n c~r.v~c~ed of a public ~ttt7 ......... rs. dir~ors, c~ecudves, pa_.~¢~, shareholder. ~mpioy~. mcml~c~, an~ a§~ntS w,o a~e acuw in the management of an affiliate. The ownership by one person of shares ounstiruti,,g a ountrofliug interest i, another person, or a pooling oil equipment or Lucerne among perseus wren uot for fair market value under an {rm's lengttm agreement, shaft be a prima faeie ease that one per~ou controls another person. A person who Icuowingly enters into a ioiat venture ~th a pe~ou who has convicted of a public entity crime in Florida during the preceding 36 moutl~ shah be c~usidered au affiliate. [ understand that a 'persou' as defined ~ ?aragraplx 7.87.L33(1)(e), ~ means any natural person or eutity organized under tt~e Laws of any state or o[ the United States with the legal power to eater into a binding coat.ct and wtdctm bids or applies to bid on contracL~ for tile prcr~ion o( ~oods or service~ let by a public entity, or whictx otl~erw~se transacts or applies to transact business with a public entity. The term 'persou' inctudes those officers, dixeetors, execatives, partners, sharenotders, employees, members, and a§ent.s who are active ir, management of ar, entity. Based on information and belief, the statement which t have marked betow is true in relation to the entity submitting tttis sworn statement. [please irtdicate which statement Neither the entity submitting th/~ sworn statement, nor ~ny partners, shareholders, employees, members, or agents who axe active in management of the entity, nor any affiliate of the entity have been charged with and convicted at' a public entity ct/me subsequent to 3uly l, 1989. The entity submitting this sworn statement, or one or more of the o/ricers, direczors, ex--ire, s, partners, shareholders, em@loye, e~, members, or agent~ who are act/ye in management of the entity, or an affiliate of the entity has been charged with and eotrdcted of subsequent to 3uly 1, 1989, AND [Please Indicate which additional statement applies.] There Ixas been a p~ing concerning the conviction before a hearing officer of th"fi~'~r~te of Horlda, Division of Administrative Hearings. The ~ order entered by the hearing officer did not place the person or al~Rllate on the convicted vendor llsL [Please attach a copy of the final order.] The per3on or aflRlate was placed on the cottvtct~ed vendor l~L There has beer a S~xbSequent proceeding before a hanging officer of the State of Florida, Division of Adnlktistrative Heartng~. Tile Rlaal older entered by the hem'hlg officer determined that it was in the public interest to remove the per~tt or {Please attach a copy of .tile ~ arder. I The person or aJ~tiate has not bee:z placed oil the convicted vendor list. [Please describe any action taken by or pe~dln, ~ the Department ut C~ene~.l Serviee~.] [s'~natar~l STATI~ OF COUNTY OF ~ ~ , PIERSONALLY APPF_A~wr) BEFORE M~, the. tm4erM~ted att~ority, [,ame of Individual s~ ia the space provided a~ve on Offs ~y of ~ 19 . , My commission ~pires: I TO: BID FORM BIKE PATH CONSTRUCTION ON EASY STREET FROM HIBISCUS AVENUE TO MAIN STREET City Clerk's Office Sebastian City Hall 1225 Main Street Sebastian, FL 32958 (407) 589-5330 DATE: July 18, 1995 BIDDER: (Type or Write in Name of Bidder) The undersigned bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with the City of Sebastian to construct an asphalt bike path, in accordance with the typical cross section and specifications at the unit prices as shown below: The Contractor shall construct a 6 foot wide bikepath with a 6" stabilized subgrade, 4" cemented coquina base course, and 3/4" asphalt Type S-III wearing surface. ITEM EXTENSION 1. Clearing and Grubbing 2. Excavation and Fill 3. 6" Stab. Subgrade 4. 4" Cemented Coquina Base Course 5. 3/4" Asphalt Wearing Surface 2910 SY 1940 SY $.. /SY 1940 SY S /SY 1940 S¥ $ /SY .$ 1940 S¥ S /SY $ 6. Sod 970 SY $ /SY ~ TOTAL BASE BID The total time for completion of the work will be consecutive calendar days after the commencement of work, and shall constitute the total "Contract Term" should this bid be accepted and approved by the City of Sebastian. Page 1 of 3 A~TERNATE BID The Contractor shall construct a bikepath with a 6" cemented coquina base course with a 3/4" asphalt Type S-III wearing surface. 1. Clearing and Grubbing 2. Excavation and Fill 3. 6" Cemented Coquina Base Course 4. 3/4" Asphalt Wearing Surface 5. Sod 2910 SY $ ,/SY $ 1940 S¥ S ._ /S~ $ 1940 SY S 1940 SY $ /SY S 970 SY $ .... /SY S TOTAL ALTERNATE BID S The total time for completion of the work will be consecutive calendar days after the commencement of work, and shall constitute the tozat "Contract Tem" should this bid be accepted and approved by the City of Sebastian. SUBMIT YOUR BID IN A SEALED ENVELOPE MARKED AS FOLLOWS: "BID: CONSTRUCTION OF BIKE PATH ON EASY STREET" YOUR BID MUST BE SUBMITTED TO THE CITY CLERK'S OFFICE AT SEBASTIAN CITY HALL, 1225 MAIN STREET, SEBASTIAN, FL 32958, NO LATER THAN 2:30 P.M. ON TUESDAY, JTJLY 18, 1995. BID ACKNOWLEDGEMENT The above unit price shall be considered as a firm bid price not subject to price adjustment unless Bidder's provisions for price escalation are stated on a separate sheet attached to the Bid. The Bidder acknowledges that the prices will remain firm for sixty (60) days following the date of this bid. The Bidder has acknowledged Addenda issued by the City of Sebastian Public Works Department on the lines below: Page 2 of 3 Easy Street Bike Path Bid ADDENDA ACKNOWLEDGEMENT The undersigned Bidder acknowledges that he has received the following Addenda for this project prior to the submittal of this bid and that work called for in these addenda is included in the prices above. Addendum No. Dated Signature and Title D. The Bidder acknowledges the insurance requirements as stated on' Pages 4 and 5 of the Agreement and agrees to furnish the City with the necessary proof of insurance if awarded tke contract or other~ise~ be prohibited from entering into the Agreement with the City. Submittals For Bids As Required By "Instructions for Bidde~r~" 1. Six (6) copies of the completed Bid Form are to be submitted. (Typed or in ink) 2. One (1) copy of required contractor's licenses shall be submitted. 3.One (!) copy of the completed Public Entity Crimes Form shall be submitted. 4. One (1) copy of the completed Drug-Free Workplace Form shall be submitted. Respectfully Submitted By: BIDDER ~ PHONE NO State whether Bidder is a Corporation, General Partnership, Limited Partnership, Sole Proprietorship or Other on the line below: ADDRESS ~ FAX NO. ~ DATE Signature Printed or typed name Title Page 3 of 3 Easy Street Bike Path Bid Form 1-00 2-00 3-00 4-00 TECHNICAL SPECIFICATIONS FOR EASY STREET ASPHALT BIKE PATH CLEARING AND GRUBBING 1-01 Limits of Clearing EXCAVATION AND FILL SI/BGRJUDE AND BASE COURSE COMPACTION CONTROL 4-01 Description 4-02 General 4-03 Subgrade Testing SOD 4-0! 4-02 4-03 4-04 4-05 Description Materials Preparation of Ground Placing Sod Watering CGES 1 of 4 !-00 !-01 2-00 2 -00 3 -00 3 -01 EASY STREET A5FPIA~T ~±~FA'l'n TECHNICAL PROVISIONS FOR CLEARING AND GRUBBING, EARTHWORK, AND SOD CLEARING AND GRUBBING - Clearing and grubbing shall consist of complete removal and disposal of all brush, stumps, roots, grass, weeds, and al! other obstructions resting on or protrudin~ through the surface or within a 10" depth of the final grade elevations of the areas to be cleared and grubbed. All debris shall be hauled to and dumped at approved sites such as the County landfill or other sites as approved by the City of Sebastian. Side slopes and backslopes shall be protected immediately upon completion of rough grading. Ail earthwork shall be planned and conducted in such a manner as to minimize erosion during construction. Limits of Clearinq - Clearing and grubbing shall extend from the east edge of pavement of Easy Street to one foot beyond the east edge of the bikepath. EXCAVATION ~JND FILL - The Contractor shall excavate to the depth of the bottom elevation of the base course. All suitable excavated material shall be reused where needed such as for side slopes along the sides of the bike paths or in any area where the existing soil is unsuitable to receive the base material. All unsuitable or excess material shall be hauled off the jobsite by the Contractor. All side slopes shall be protected immediately upon completion of rough grading to minimize erosion. The City Public Works Dept. reserves the right to reject any fill material which it deems unsuitable. SUPPLEMENTAL (BORROWI FILL - Fill should be brought to and cut shall be excavated to a minimum of one tenth (0.1) of a foot below finished grade to receive sod on both sides of the bikeway. SUBGRADE AND BASE COURSE COMPACTION CONTROL Description: The Contractor shall be required to have sufficient soil compaction tests made by an independent testing laboratory as directed herein. CGES - 2 of 4 3-02 General: The testing laboratory will be selected by the City. The costs of all soils testing, unless otherwise specified, shall be paid by the City. Retesting recruited as a result of failures will be at the Contractor s expense. One copy of each test report signed, sealed, and dated by a Florida Registered Professional Engineer representing the testing laboratory, shall be delivered ia~ediately following the test to the City for review. In no case shall the Contractor proceed to construct the base course on the subgrade or the asphalt wearing surface on the base course until the tests prove satisfactory and approval is given by the City. 3-03 Subqrade Testing: In general, Florida Bearing Value tests on the sUbgrade shall be taken at approximately 300 foot intervals. Exact locations will be designated in the field by the City Project representative and/or testing laboratory. The subgrade must be stabilized to a minimum of 50 psi Florida Bearing Value. Marl or other stabilizing material must be hauled on to the project to be mixed with the subgrade soil to meet the minimum FBV of 50 psi. 4-00 SO__D 4-01 Descry.priori: - In general, the work specified under this Item shalt comply with Section 575 of the 1991 Edition of the Department of Transportation Specifications except as modified for this Contract. Sod shall be placed along both sides of the bikepath as shown in the cross section. 4-02 Materials: New sod laid shall match the existing sod along the length of the bike path. It shall be delivered to the site in a common commercial size. No sod which has been cut for more than 72 hours shall be used unless authorized by the City after the City representative inspects it. Any sod which is not planted within 24 hours after cutting shall be stacked in an approved manner and maintained properly moistened. 4-03 PreQaration of Ground: The areas over which the sod is to '~e place~shalt b~ graded, fertilized, and moistened prior to placement of the sod. A common 12-8-8 commercial brand fertilizer shall be spread uniformly over the areas to be sodded in accordance with the manufacturer's instructions. The finished graded soil shall be approximately 0.10 feet below any abutting paved surface and at root level for adjacent sod. CGES 3 of 4 4-04 4-05 Placing Sod: Sodding shall not De per~orme~ and s6il conditions are unsuitable in the opinion of the City's Public Works Dept. The sod shall be placed on the prepared surface with edges in close contact. Sod shall be placed in a neat, orderly manner with little to no gap between pieces of sod. Sod shall not be placed on top of any paved surfaces. The top of the sod mat shall in al! cases be below the edge of the paved surface to permit proper drainage of the paved surface. waterinq: The sodded areas shall be watered on a regular, daily basis beginning immediately after the sod has been placed by the Contractor. The water used shall be from the City's water supply system. In no case shall the period of watering be less than two weeks after planting, even if the final acceptance of the Project is given by the City before the two weeks time has expired. Water trucks can be filled from the overhead standpipe behind the Utilities Dept. building on the southeast corner of Main Street and U.S. Kighway No. 1.If a sodded area must be replanted due to the Contractor's negligence, carelessness, or failure to provide routine maintenance of such area, the replacement shall be at the Contractor's expense. CGES 4 of 4 1-00 2-00 3-00 EASY STREET BIKEPATH TECHNICAL SPECIFICATIONS FOR SUBGRADE, BASE COURSE, AND ASPHALT PAVEMENT PREPARATION OF THE SUBGRADE 1-01 Description 1-02 Florida Bearing Value 1-03 Construction Details 1-04 Compaction BASE COURSE FOR ASPHALT PAINT 2-01 Description 2-02 Cemented Coquina Base Course 2-03 Prime Coat 2-04 Construction ASPHALT PAVEMENT 3-01 Description 3-02 Limitation of Laying Operations 3-03 Tack Coat 3-04 Asphaltic Concrete Wearing Surface SBA - 1 of 6 -02 1-03 1-04 EASY STREET BIKEPATH TECHNICAL SPECIFICATIONS PREPARATION OF THE SUBGRADE Description - The subgrade will be constructed such that after being compacted, it will conform to the line and grade, and cross section as shown on the Bike Path Cross Section. Florida Bearinq Value - The subgrade shall have a minimum bearing value of 50 pounds per square inch as determined by the Florida Bearing Value Test. in an area where the bearing value is less than 50 psi, stabilizing material approved by the City Public Works Dept. shall be furnished by the Contractor, spread and mixed in accordance with Section 160 Stabilizing of the 1991 Edition of the Florida D.O.T. Specifications at no extra cost to the City. Construction Details - The subgrade shall be shaped, graded, and rolled to conform to the lines and grades as shown on the Bike Path Cross Section. Fine grading of the subgrade to its final profile shall be accomplished after the existing ground has been excavated, or filled as required. If in a fill area, fine grading of the subgrade shall be accomplished after fill and stabilizing material (if required) is spread and compacted. The bikepath shall be r~nped from the existing ground to meet existing driveways and roads in a smooth transition at a maximttm stope of one (1) foot rise in twelve (12) feet of length, the minimtnn slope required to accommodate wheel- chairs. In areas where there may be difficulty in achieving this slope, the City of Sebastian Public Works Dept. shall meet with the Contractor to arrive at a workable compromise. Compaction - The subgrade in both cuts and fills shall be compacted to a minimum of 95% of the maximum dry density. (See Item 3-00 "Soil Compaction Control" of these Specifications for testing procedures.) The required density shall be maintained until the base course has been constructed. The subgrade shall be compacted with an approved self-propelled steel drum roller or flat plate vibrating tamper. Ail hollows and depressions which develop under rolling shall be filled in with suitable material. The process of grading and rolling shall be repeated until no depressions develop. After compaction, the top surface of the fine grade shall be true to line and grade at all locations with a maximum tolerance of 1/2"± from plan grade. If the fine grade SBA - 2 of 6 becomes rutted or displaced due to any cause whatsoever, the Contractor shall regrade it. In no case shall the Contractor proceed to construct the base course on the subGrade until the subgrade has been tested for Florida Bearing Values and compaction, line and grade is checked and approved by the City Public Works Dept. 2-00 BASE COURSE FOR ASPHALT WEARING SURFACE ~ 2-01 Description - A compacted cemented coquina base couroe shall be constructed in accordance with the Bike Path Cross Section Specifications. 2-02 Cemented Coquina Bas~Cours~ - The cemented coquina base course shall be C~nstructed in accordance with the lines, grades, and typical sections as shown on the Plans, and with Section 260 "SHELL STABILIZED BASE" of the Florida DOT Std. Specifications. The finished surface of the base course shall be thoroughly wetted and rolled to achieve a tight bond so that the material does not spall or ravel prior to application of the prime coat. The coquina shell shall be quarried from a FDOT approved shell pit only. The depth of the base course shall be increased by two (2) additional inches in areas where the bike path must cross unimproved driveways (dirt, gravel, stone, etc.). 2-03 Prime Coat: When the cemented coquina base course has been completed and accepted by the City Public Works Dept. as conforming to the above specifications, it shall be primed with a rapid curing liquid cut-back asphalt conforming to Grade RC-70 or RC-250 as specified in Section 300 of the 1992 Florida DOT Std. Specifications. The surface of the base material is to be cleaned after final compaction and the moisture content of the base shall not exceed 90 per cent of the optimum moisture before the prime coat is applied. The prime coat shall be applied uniformly with a pressure distributor. The entire length of the spray bar shall be set at the height above the surface recommended by the manufacturer for even distribution. The rate of application of prime coat shall be between 0.15 and 0.25 gallons per square yard at a temperature between 100° F to 150° F. The prime coat surface shall be kept free from traffic until the surface dries. NO ASPHALT SHALL BE PAVED 0N THE BASE IINTIL 48 HOURS AFTER THE PRIME COAT IS APPLIED, UNLESS PRIOR APPROVAL IS OBTAINED FROM THE SBA- 3 of 6 2 -04 3-00 3 -01 3 -02 3.03 CITY PUBLIC WORKS DEPT. If the application of the prime coat ponds in any one area on top of the base course, the excess prime coat shall be removed by the Contractor prior to laying of the asphalt, so that the prime coat will not bleed through the asphalt wearing surface. Construction - (General): The cemented coquina base course shall be constructed on top of a compacted subgrade accepted by the Engineer. The base course shall be compacted to a minimum of 95% of maximum density in accordance with AASHT0 T-180. The base course shall extend to the proposed finished edge of asphalt. The The base course shall be constructed to the line and grade as shown on the Bike Path Cross Section. Tolerance for thicknesses and variances from surface grade shall be in accordance with the 1991 Florida D.O.T. Specifications. ASPHALT PAVEMENT Description: The Contractor shall construct an asphalt concrete wearing surface for pavement upon a previously prepared base course conforming to the lines and grades, as shown on the Bike Path Cross Section. Limitation of Laving Operations: Bituminous materials shall be applied only when the temperature of the air in the shade is above fifty degrees Fahrenheit (50OF). Any bituminous mixture caught in transit by a sudden rain may be laid at the Contractor's risk. However, no work shall be started if local conditions indicate that rain is imminent, and under no circumstances shall the mixture be laid while rain is falling, or when there is standing water on the base course. When wind is blowing to such an extent that sand, dust, etc. are being deposited on the surface being paved such that the bond between the base course and asphalt will be diminished, the bitum- inous materials shall not be spread on the surface. The prime coat on the base course must be broomed clean prior to receiving the asphalt. Tack Coat: Where a tack coat is required prior to application of the asphaltic concrete wearing surface against as existing asphalt or concrete surface, an Emulsified Asphalt, Grade RS-2 shall be used which meet SBA - 4 of 6 3 -04 the requirements oK Section 916-4 of the 1991 Florida DOT Standard Specifications. The tack coat shall be applied uniformly with a pressure distributor or by hand at the rate of 0.05 gallons per square yard and at a temperature between 100°F and 150°F. The tack coat shall be applied uniformly with a pressure distributor or by hand at the rate of 0.05 gallons per square yard and at a temperature between 100°F and 150°F. The tack coat surface shall be kept free from traffic until the subsequent layer of asphaltic concrete has been laid. Excessive application of tack coat on the existing asphalt surfaces will be eliminated by the Contractor prior to paving the asphalt concrete. Asohaltic Concrete Wearinc Surface: The wearing surface for the road shall be Florida D.O.T. Type S-III asphaltic concrete conforming to the requirements of Section 331 of the 1991 Edition of the Florida D.O.T. Specifications. The material will be laid uniformly so that it will result in a minimum of three quarters (3/4) inch rolled (compacted) thickness and a maximum of one (1) inch thickness. The asphaltic concrete compacted shall be applied at a temperature of between 270° to 350°F. Heating within these limits shall be constant, and wide fluctuations of temperature during a day's production will not be permitted. Asphalt concrete whose temperature is less than 270° when delivered to the jobsitemay result in immediate rejection for application by the City Public Works Dept. All material rejected by the City Public Works Dept. shall be replaced with specified material, by the Contractor at no additional cost to the City. The asphaltic concrete shall be spread by a suitable type of paving machine designed especially for the spreading of asphalt. The paving operation shall be maintained as continously as possible, and the speed of the paver should be controlled depending on the type and thickness of the mix being placed. The screed shall be heated prior to paving. I~mL~ediately after the asphaltic concrete is spread, any deviations from the typical section shall be remedied by placing additional material or by removing surplus material while the mixture is still hot. Rolling with tandem steel wheeled rollers should begin as soon as possible after the asphaltic concrete has been spread as specified. Rolling of the longitudinal joint should be immediately behind the paving operation. The initial pass with the roller should be made as soon as it SBA - 5 of 6 is possible to roll the bituminous mixture without cracking the mat or having the mix adhere to the roller wheels. To prevent adhesion of the mix to the roller, the wheels should be kept moist with only enough water to avoid picking up the material. Finish rolling should be done while the material is still workable enough for removal of roller marks; before the pavement temperature has dropped below 140° F. Abrupt turning of rollers on the paving mix which causes undue displacement should not be permitted. Finish rolling should preferably be accomplished by use of a pneumatic tired roller, whose kneading action provides a traffic seal on the pavement surface. Should any irregularities or defects remain in any course after compaction, they should be removed promptly and replaced with new material to provide a uniform textured surface conforming to line and grade. The finished surface shall be such that it will not vary more than one-fourth inch (1/4") from the ten foot (10') straight- edge applied both parallel and perpendicular to the center line of the pavement. The thickness of the pavement shall vary no more than one-fourth inch greater or less than the specified thickness. Correction of deficiencies in pavement thickness will be in strict accordance with those procedures described in Section 330-14 of the 1991 Florida D.O.T. Specifications for Road and Bridge Construction. The edges of the wearing surface at driveway apron locations shall be straight, true, and clean in all cases, and must meet the approval of the City Public Works Dept. Should the edges of the wearing surface not meet the approval of the City, they shall be saw cut to a straight, true, clean line by the Contractor at the Contractor's expense. The roller operator shall exercise extreme caution when rolling the asphalt bikepath against concrete driveways to avoid scarring or cracking the concrete surface. SBA 6 of 6 BASIS OF PAYMENT Basis of payment Generally includes all equipment, labor, materials, tools, and incidentals necessary to complete the work, in addition to any other specified requirements stated below: Clear±rieL and Grubbing: Basis of payment shall be a unit price per square yard to clear and grub areas as specified and shall include any transportation costs and land fill fees required for disposal off site. Costs for erosion control preventative measures and contingency costs for removal of mail and paper boxes, shrubs, etc. not removed by the residential property owner after proper notice is Given by the City, shall be included under this item. Excavation~and Fill;. Basis of payment shall be a unit price per square yard to excavate or fill to the level of the bottom of the base course and shall include all transportation costs and rough Grading. o Soil Commactlon Control~ The City shall pay for a testing laboratory to take all initial tests. The Contractor shall arrange for all tests when the need arises as work progresses. All retests required as a result of failure of the initial tests shall be paid for by the Contractor to the testing laboratory. Failure to pay the amount owed to the testing laboratory shall result in the City deducting the amount owed the Contractor for work that has been approved for payment. Sod.- Basis of payment shall be a unit price per square yard to furnish and install sod, fertilizer, and water; and to fine grade the side slopes to receive the sod. Stabilized Subcrade: Basis of payment shall be a unit price per square yard to stabilize, grade, and compact the subgrade and shall include all costs for stabilizing material hauled to the jobsite, dumped, spread, and mixed with existing soil. Cemented Cocuina Base Cours~k Basis of payment shall be a unit price per square yard to construct, grade, compact, and prime the base course and shall include all costs for the base material hauled to the jobsite, dumped and spread, utilizing tack coat, and brooming of prime coat prior to spreading of the asphalt. Asphalt WearincmSurface: Basis of payment shall be a unit price per square yard to Dave the wearing surface and shall include all costs for the asphalt hauled to the jobsite, dumped, spread, and rolled. Page ! of 1 Basis of Payment City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 a FAX (407) 589-5570 SUBJECT: Golf Course Memorial Trust Fund CITY COUNCIL AGENDA TRANSMITTAL DEPT. ORIGIN: Citw Clerk for Vice May_or Corum DATE SUBMlrTED: 7119/95 AP PRO VEDFO R S~.xTB M, ITTAL: City Manager ' MEETING DATE: 7/26/95 EXltIBITS: Exhibit 1 - Backup IExpenditure Required: Amount Budgeted: Appropriation Required: SUMMARY STATEMENT Sebastian's Municipal Golf Course has no policy in place for remembrance of those who have passed away. RECOMMENDED ACTION I) 2) Establish a Sebastian Golf Course Memorial Trust Fund. Appoint an advisory committee to oversee and to make recommendations for the spending of the fund. Exhibit 1 Backup for Agenda Item 95.133. To Mayor and City Council Members: The topic of golf course memorials was brought to my attention after a fellow player passed away. I inquired through the City Manager, Mr. Koford, if a policy had been established regarding this matter. There is no policy. The City Council could establish a "Memorial Trust Fund". A committee would be appointed to oversee the trust fund and to make recommendations as to how to use the fund. For example, the advisory committee might recommend trees be planted. They possibly could recommend sprucing up the golf course entrance. They may be more interested in helping junior golfers, or purchasing equipment. They could come up with any other number of ways to use the memorial fund. A memorial list with the fund's contributors will be kept on file as public record. Respectfully submitted by, Vice Mayor Carolyn Corem