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HomeMy WebLinkAbout12201995 City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 AGENDA SEBASTIAN CITY COUNCIL REGULAR MEETING WEDNESDAY, DECEMBER 20, 1995 - 7:00 P.M. CITY COUNCiL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CiTY CLERK- 1225 MAIN STREET, SEBASTIAN, FLORIDA Individuals shall address the City Council with respect to agenda items immediately prior to deliberation 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-95-33) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE INVOCATION - Reverend Paul E. Hauenstein - Christ the King Lutheran Church 4. ROLL CALL 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-95-33) 6. pROCLAMATIONS AND/OR ANNOUNCEMENTS 7. PUBLIC HEARING. FINAL ACTION - None PGS 1-21 95.143 PGS 2:3-26 95.219 PGS 27-29 95.041 PGS 31-40 10. 95.22O PGS 41-42 CONSENT AGE .NDA All items on the consent agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. A. Approval of Minutes - 12/6/95 Regular Meeting Sebastian Jaycees - Dancemania IV Teen Dance Fundraiser - Originally Scheduled and Approved for 12/15/95 - Change Date to 1/19/96 (City Clerk Transmittal 12/5/95, 8/23/95 Minutes Excerpt, Application) RESOLUTION NO. R-95-67 - City Clerk Pay Increase (Human Resources Director Transmittal 12/12/95, R-95-67) A RESOLUTION OF THE CITY OF SEBASTIAN, PROVIDING FOR THE CONSIDERATION OF A PAY INCREASE FOR THE CITY CLERK; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILiTY; AND PROVIDING FOR AN EFFECTIVE DATE. PRESENTATIONS Eric Nielsen - Greiner, Inc. & FDOT Representative - Supplemental Agreement #2 - Airport Runway 4/22 (City Manager Transmittal 12/12/95, Supplemental Agreement #2) COMMITTEE REPORTS/RECOMMENDATIONS POLICE OFFICERS RETIREMENT BOARD OF TRUSTEES AWm Reappointment of Fifth Member - Judy Robinson (Police Pension Board Transmittal 12/4/95, PPB Memo 12/4/95) 2 ' 95.221 PO 43 11. 95.157 PGS 45-.49 12. I 95.222/ i94.180 PGS 51-58 I I I i i I i I I I B. FOURTH OF JULY COMMITTEE Appoint Wayne Kroegel Fourth of July Co-Chairperson (City Manager Transmittal 12/12/95) OLD BUSINESS Ao Request for Extension to Repair/Restore Mobile Home at 320 Tangelo Street (Building Departtnent Transmittal 12/12/95, Fleischman Letter 9/20/95 and 11/12/95) NEW BUSINESS RESOLUTION NO. R-95-68 - Declaring Special Assessments for Riverfront Water Project (City Manager Transmittal 12/15/95, R-95-68) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DECLARING SPECIAL ASSESSMENTS, PROVIDING FOR WATER MAINS, WATER SERVICES, VALVES, FiRE HYDRANTS AND OTHER WATER DISTRIBUTIVE FACILITIES FOR THE AREA EAST OF U.S. 1 TO THE IND~ RIVER RUNNING FROM THE CITY'S SOUTHERN BOUNDARY TO ITS NORTHERN BOUNDARY; PROVIDING PUBLIC PURPOSE, THE NATURE OF THE IMPROVEMENTS, LOCATION OF THE IM?ROVEMENTS, PORTIONS OF THE EXPENSE PAID BY ASSESSMENT, MANNER OF ASSESSMENT, ASSESSMENT PLAT, SECTION 170.14 FLORIDA STATUTES IMPOSITION ASSESSMENT ROLL, THE TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS, AND DESIGNATION OF LANDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 95.222/ 94.180 PGS 59-62 13. 14. RESOLUTION NO. R-95-69 - Setting Time and Place for Interested Parties to be Heard - Riverfront Water Project and Assessment (See Transmittal Above, R-95-69) A RESOLUTION OF THE CITY OF SEBASTIAN, IND~ RIVER COUNTY, FLORIDA, SETTING A TIME AND PLACE AT WHICH THE OWNERS OF PROPERTIES LOCATED GENERALLY IN TIlE AREA EAST OF U.S. 1 TO THE INDIAN RIVER RUNNING FROM THE CITY'S SOUTHERN BOUNDARY TO ITS NORTHERN BOUNDARY AND OTHER INTERESTED PERSONS, MAY APPEAR BEFORE THE CITY COUNCIL AND BE HEARD AS TO THE PROPRIETY AND ADVISABILITY OF CONSTRUCTING THE RIVER.FRONT PROJECT INCLUDING THE WATER MAINS, WATER SERVICES, VALVES, FIRE HYDRANTS AND OTHER WATER DISTRIBUTIVE FACILITIES, AS TO THE COST THEREOF, AS TO THE MANNER AND PAYMENT THEREFOR, AND AS TO THE AMOUNT THEREOF TO BE SPECIALLY ASSESSED AGAINST EACH PROPERTY BENEFITTED THEREBY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. INTRODUCTION OF NEW BUSINESS FROM Tg'E PUBLIC Which is not otherwise on the agenda - limit often minutes for each speaker CITY COUNCIL MATTERS A. Mrs. Louise Cartwright B. Mrs. Norma Damp C. Mr. Raymond Halloran D. Mayor Arthur Firtion E. Vice Mayor Carolyn Corem 4 15. CITY ATTORNEY MATTERS 16. CITY MANAGER MATTERS 17. ADJOURN ANY PERSON ~,7-I0 DECIDES TO APPEAL ANY' DECISIONMADE BY THE CITY COUNCIL ~VITtf RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) IF'ILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES (286. oj o5 IN COMPLIANCE I$qTH THE AMERiCANS gqTH DISABILITIES ACT (ADA), ANYONE 1;VHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN AD VANCE OF THIS MEETING. City of Sebastian 1225 MAIN STREET ~ SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 a FAX (407) 589-5570 MINUTES SEBASTIAN CITY COUNCIL REGULAR MEETiNG WEDNESDAY, DECEMBER 6, 1995 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAiN STREET, SEBASTIAN, FLORIDA ALL AGENDA iTEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK- 1225 MAIN STREET, SEBASTIAN, FLORIDA Individuals shall address the City Council with respect to agenda items immediately prior to deliberation of the item by the CRy Council if they have signed the sign-up sheet provided prior to the meeting - limit of ten minutes per speaker (R-95-33) Mayor Firtion called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. Reverend Harold Lee gave the invocation. City_ Council Present: Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Mrs. Louise Canwright Mrs. Norma Damp Mr. Raymond Halloran City Manager, Joel Koford City Attorney, Tim Williams City Clerk, Katlmyn O'Halloran Public Works Director, Richard Votapka Chief of Police, Earl Petty Deputy City Clerk, Sally Maio Regular City Council Meeting December 6, 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-95-33) The City Manager requested the addition of items relative to the award of the contract for Barber Street Sports Complex and award of the contract for Englar bikepath. He requested they be added as items 12B and C. MOTION by Halloran/Cartwright I move to add item 12B to award the contract for Barber Street Sports Complex and item C for the Englar bikepath resurfacing. ROLL CALL: Vice Mayor Corum - aye Mrs. Cartwright - aye Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye MOTION CARRIED 5-0 95.214 PROCLAMATIONS AND/OR ANNOUNCEMENTS A. Presentation of Plaque to Chuck Neuberger - Construction Board - 9/88 throu_mh 9/95 Mayor Firtion presented the plaque to Chuck Neuberger. 2 Regular City Council Meeting December 6, 1995 Page Three 7. PRESENTATIONS 95.213 A. ICMA Range Riders - W.E. Pete Knowles ~ Ci.ty Manager W.E. Pete Knowles, ICMA Range Riders, gave a presentation on the services Range Riders can provide. He asked whether the City Council was searching for a professional City Manager, whether it had met and agreed on a City Manager profile and whether it had established goals and objectives for the City. He recommended a selection committee made up of various individuals selected by the Range Riders rather than the City Council; said the Range Riders can supply a selected list of candidates and provide proper procedures, questions for candidate interviews and a model employment agreement; recommended copies of the City's budget be mailed to finalists; and stated there must be terms in the agreement to allow termination of the City Manager. It was the consensus of City Council that it wants a professional City Manager. Mayor Firtion explained how they invited the Range Riders to speak tonight. He said it had been his idea to have the City Manager and Personnel Director meet with Mr. Knowles and now understood that this is not the process suggested by the Range Riders. Mr, Knowles recommended that each City Council member screen each applicant. He stated that he or another Range Rider would be willing to meet with individual City Council members if that is how it wishes to go. Mayor Firtion requested that a Range Rider be present when City Council establishes a profile and Mr. Knowles repeated they can advise and assist. Mr. Halloran asked whether Mr. Knowles could submit a suggested profile. Mr. Knowles said he could submit a list of recommended characteristics of a "leader." Regular City Council Meeting December 6, 1995 Page Four Mr. Knowles suggested that the profile be in writing by December 15 and that City Council meet and concur on a profile so that the Range Riders can review the applications using that criteria. Mayor Firtion suggested adding discussion of the City Manage profile to the December 14, 1995 workshop. Vice Mayor Corem said she was unable to attend on the 14th. It was the consensus of City Council to meet on December 15, 1995 at 6:00 p.m. PUBLIC iTEARING. FINAL ACTION The normal order of business for public hearings (R-95-33) is as follows: Mayor Opens Hearing Attorney Reads Ordinance or Resolution Staff.Presentation Public Input Staff Summation Mayor Closes blearing Council Action Please note: Anyone wishing to speak is asked to go to the podium and state his/her name and address for the record prior to addressing City Council. 95.180 ORDINANCE.NO. 0-95-28 - Exchange of Real Property by the City of Sebastian (0-95-28) AN ORDINANCE OF THE CiTY COUNCII, OF THE CITY OF SEBASTIAN, FLOR/DA, AMENDING SECTION 2-93 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN, FLORIDA; TO AUTHORIZE THE CITY OF SEBASTIAN EXCHANGE OF REAL PROPERTY WITH OTHER PARTTES; PROVIDING FOR THE REVISION OF THE PROCEDURES ON THE CONVEYANCE OF REAL PROPERTY IN ABANDONMENT OF REAL PROPERTY INTEREST IN CITY OWNED PROPERTY; PROVIDING FOR SEVERABIZITY; PROVIDING FOR CODWICATION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 11/15/95, Advertised Legal Notices 11/22/95, PH 12/6/95) Regular City Council Meeting December 6,1995 Page Five Mayor Firrion opened the public heating at 7:47 p.m. and the City Attorney read Ordinance No. 0-95-28 by rifle. Being no input, Mayor Firtion closed the heating. T,APE I- SIDE II (7:48 p.m.) MOTION by Cartwfight/Halloran I move to adopt Ordinance No. 0-95-28. ROLL CALL: Mrs. Cartwfight - aye Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corum - aye MOTION CARRIED 5-0 ITEMS CARRIED FORWARD (NOT COMPLETED) FROM 11/15/95 REGULAR MEETIBiG 95.209 A. ~t~astian Soccer Association. Inc. Lease Agr_ cement, Barber Street Sports Complex North (Public Works Director Transmittal 11/8/95. Revised A~reement) Cory Richter, Sebastian Soccer Association, addressed City Council, urging approval. The City Manager explained the two changes in the lease, the deletion of the creative playground fi.om the lease area and the addition of an escape clause under the term of lease. 5 Regular City Council Meeting December 6, 1995 Page Six MOTION by Halloran/Damp I move to approve the lease agreement between the City of Sebastian and the Sebastian Soccer Association, Inc. for the use of the Barber Street Sports Complex North between August 1 and November 30 each year through the year 2005 and authorize the Mayor to execute the lease. ROLL CALL: Mrs. Damp - aye Mr. Halloran - aye Mayor Fixtion - aye Vice Mayor Corem - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 95.211 Sebastian Panthers, Barber Street S~orts Complex Expansion and Schumann Football Field (City Manager Transmittal 11/6/95,~ Panthers Agenda Packa~) The City Manager gave a brief presentation addressing issues raised by the panthers organization in its submittal. Maura Raborn, 155 Harris Drive, Sebastian, said the two most important issues were lights and restrooms and were brought at this time because Schumann Park is still a viable alternative if improvements to Barber Street are still two to three years down the road. She said the Panthers were willing to absorb the cost of lights but if restrooms cannot be completed they are reluctant to sign a lease for Barber Street at this time. The City Manager said it was up to Council to decide whether to use contingency funds to construct restrooms in this fiscal year. He said the tennis courts must begin in 1996. He said he would need a lighting plan from the Panthers due to resulting increased insurance costs. 6 Regular City Council Meeting December 6, 1995 Page Seven Discussion took place on ownership of the subject lights. Mrs. Cartwright suggested the City establish the lighting plan. The Pubhc Works Director suggested a qualified lighting expert look at the fixtures rather than staff. Chuck Neuberger said the lights had been stored at the City garage for five years and are m bad shape, suggested a GE rep draw a lighting diagram. He said he believed the lights axe the property of the Little League but stored by the City. He said there is another set of lights rusting at the Golf Course. The City Manager said the Public Works Director could look into the cost of a new septic system and facilities. Mayor Firtion suggested the $6,000 savings on the Barber Street Sports Complex bid be used for these projects. George Zaleuke, 937 Gardenia, Sebastian, said children are changing into uniforms in the woods due to lack of facilities at Barber Street Sports Complex. Tom Hall, Fellsmere City Councilmember, said officials should take the ball and work to establish recreation activities for children to keep them active. He urged formation of a recreation advisory committee. He said Indian River County had hired a pm-time athletic director for the Fellsmere area and that it has been a great asset. Regular City Council Meeting December 6, 1995 Page Eight 95.210 Vice Mayor Corem noted there is no money budgeted and suggested that maybe the community can come up with a plan to assist with funding. Mrs. Cartwright recommended the formation of an advisory committee. Mayor Firtion suggested that the issue be discussed during discussion of the Indian River County recreation agenda item. Mrs. Cartwright said the committee could work with Indian River County ha an advisory capacity. Co Sebastian Panthers. Inc. Lease A~eement - Barber Street S~orts Complex South (Public Works Director Transmittal 11/8/9~. Revised A~eement3 The City Manager explained the changes ha the diagram showing the storage area and the addition of the escape clause. MOTION by Can'wright/Halloran I move to approve and authorize the Mayor to (tape changed to TAPE 11 - SIDE I - 8:37 p.m.) execute and the City Clerk to attest the lease agreement between the City of Sebastian and the Sebastian Panthers for the use of Barber Street Sports Complex South between July 1 and December 31 each year through the year 2005. ROLL CALL: Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corum - aye Mrs. Cartwright - aye Mrs. Damp - aye MOTION CARRIED 5-0 8 Regular City Council Meeting December 6, 1995 Page Nine 95.098 95.215 95.216 95.011 10. 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 - 11/15/95 Regular Meeting, 11/29/95 Special Meeting, 11/29/95 Business Workshop Be RESOLUTION NO. R-95-66 - Storm water Management Plan (City Manager Transmittal 11/30/95, R-95-66) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN KIVER COUNTY, FLORIDA, ESTABLISHING A POLICY ON A STORM WATEK PLAN FOR THE CITY OF SEBASTIAN; PROVIDING FOR A STORM WATER RETENTION BASIN; AUTHORIZING REPRESENTATIVES TO ACT ON BEHALF OF THE CITY; AND PROVIDING FOR AN EFFECTIVE DATE. Police Department - Purchase 1993 Seadoo Explorer Boat and Trailer with Forfeiture Funds as Author/zed by FS 932.7055 - Sole Source - $4,080.89 (Petty Transmittal 11/27/95, Petty Memo 11/27/95, Affidavit, Cost Breakdown, Specs, FS 932.7055) De Bid Award - Used Combination Loader/Backhoe - $45,195.00 - Falcon Power (Public Works Transmittal 11/28/95, Bid and Tabulation, Committee Recommendation) Riveffront Water Project - Change Order $$6 - Speegle Construction, Inc. (City Manager Transmittal 11/22/95, Change Order) The City Manager read the consent agenda. The City Attorney read Resolution No. R-95-66 by title only. Regular City Council Meeting December 6, 1995 Page Ten Mrs. Cartwfight removed item A; Vice Mayor Corum removed item C; and Mayor Firtion removed item B to allow a member of the public to speak. MOTION by Comm/CammSght I move approval of items D and E of the consent agenda. ROLL CALL: Mayor Firtion . aye Vice Mayor Corum - aye Mrs. Canwright - aye Mrs. Damp - aye Mr. Halloran - aye MOTION CARRIED 5-0 Item A - Approval of Minutes Mrs. Cartwfight noted a typo on agenda page 93 in the November 29, 1995 Special Meeting minutes in the motion, the word "contracf' should be changed to "contacf'. MOTION by Cartwright/Halloran I move to approve item A of the consent agenda as amended. ROLL CALL: Vice Mayor Corem - aye Mrs. Cartwright - aye Mrs, Damp - aye Mr. Halloran - aye Mayor Firtion - aye MOTION CARRIED 5-0 10 Regular City Council Meeting December 6, 1995 Page Eleven Item B - Resolution No. R-95-66 - Stormwater Management Plan Herbert Sturm, 549 Saunders Street, Sebastian, suggested that the proposed retention basin is not the solution to the stormwater problem in the City. John Hill, Craven, Thompson and Associates, said a retention basin is not the answer to stormwater drainage but a component part of a system to be integrated into the whole system. MOTION by Cartwright/Halloran I move to approve item B of the consent agenda and approve Resolution No. R-95-66. ROLL CALL: Mrs. Canwright - aye Mrs. Damp - aye Mr. Halloran - aye Mayor Firfion - aye Vice Mayor Corum - aye MOTION CARRIED 5-0 Item C - Police Department Boat Purchase, fi'om Forfeiture Funds Vice Mayor Corum inquired whether it is a good idea to begin such a program at this time. Richard Taracka, Coverbrook Lane, Sebastian, said this program is long overdue and greatly needed. Chief Petty said this program has been contemplated for several years, seems to be timely and explained its function. Mr. Halloran inquired whether the City had jurisdiction in the Indian River and the Chief responded that the City's jurisdiction extends to the west side of the channel. 11 Regular City Council Meeting December 6, 1995 Page Twelve 95.098 11. 12. MOTION by Corum/C~ght i move to grant a waiver of bidding procedure and authorize the expenditure of $4080.89 using forfeiture funds as authorized by F.S. 932.7055. ROLL CALL: Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corem - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 COMMITTEE REPORTS/RECOMMENDATIONS Mayor Firtion reported on the Treasure Coast Council of Local Governments meeting at which he has been appointed Vice Chairperson. He requested public input on proposed future legislation. OLD BUSINESS Craven Thompson & Associates. Inc. - Supplemental A~eement No. 6 - Conceptual Storm water Manaeement Master Plan (City Manaeer Transmittal 11/6/95. Surmlemental Am'eement~ - Tabled from 11/15/95 Meetin~- Motion Reauired to Remove/'rom Table MOTION by Cartwright/I-Ialloran I move to remove this from the table. 12 Regular City Council Meeting December 6, 1995 Page Thirteen ROLL CALL: Mr. Halloran Mayor Firtion Vice Mayor Corem Mrs. Cammght Mrs. Damp - aye - aye - aye - aye MOTION CARRIED 5-0 John Hill, Craven, Thompson and Associates, explained the purpose of supplemental agreement #6, to enable the consultants to prepare the conceptual stormwater master plan. Walter Barnes, 402 Azine Terrace, Sebastian, expressed concern for the removal of the subject property from the tax rolls and the cost of the proposed project. Vice Mayor Corem suggested it would be best for citizens it'we spread costs out over a longer period. MOTION by Damp/Corem I move that we accept the supplemental agreement #6 for Craven Thompson for the master plan and schedule A. ROLL CALL: Mayor Fin/on - aye Vice Mayor Corem - aye Mrs. Cartwright - aye Mrs. Damp - aye Mr. Halloran - aye MOTION CARRIED 5-0 13 Regular City Council Meeting December 6, 1995 Page Fourteen 95.189/ B. 95.207 Barber Street Sports Complex Bid Award The City Manager reiterated staff recommendation to award the bid to Jack Regan Masonry in the mount of $17,717.63. The Public Works Director concurred with the recommendation and said he had discussed and was satisfied with the Iow bidder. Harry Thomas, 654 Balboa Street, Sebastian, noted differences in the bids submitted. He asked who would do grading, reconstruction and wire mesh. The Public Works Director said no addendum was added to this bid by staff, however, Pan American added an addendum to its submitted bid and that fiber mesh will be used rather than wire. Mrs. Cartwrights asked if the City Attorney had reviewed the contracts and he said he had reviewed it before it went out to bid. The Public Works Director said the completion should be before February 1. MOTION by Damp/Halloran I move that we award the contract for the construction of Barber Street Sports Complex (sidewalks) to Jack Regan Masonry for the time completion of 30 days from issuance of notice to proceed. ROLL CALL: Vice Mayor Cornm - aye Mrs. Caxtwright - aye Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye MOTION CARRIED 5-0 14 Regular City Council Meeting December 6, 1995 Page Fifteen Mayor Firtion reiterated his recommendation that the approximately $6000 savings be used for Barber Street Sports Complex facilities requested by the Panthers. 95.187/ 95.207 Englar Drive Bikepath Bid Award The City Manager reported the low bid for asphalt was Pan American Engineering in the mount of $48,550 and the low bid for concrete was Jack Regan Masonry in the mount of $57,415.50 with a reduction of $6669 if the City installed sod. TAPE II - SIDE Il (9:24 p.m.) Discussion took place on sod installation and whether concrete or asphalt was the better material. MOTION by Damp/Corum I move that we consider the concrete bikepath on Englar Drive f~om Barber to Schumann and award to Jack Regan Masonry for $57,415 When asked, the Public Works Director said asphalt was less expensive and noted the rest of bikepaths in the City are asphalt. Discussion took place on whether or not rejection of the previous Pan American bid set a precedence for this project because they did not bid on concrete. Mr. Halloran questioned the quality of the work recently done by Pan American on Easy Street. Mayor Firtion suggested the amount for sod be deducted. 15 Regular City Council Meeting December 6, 1995 Page Sixteen 95.217 13. Mrs. Cartwfight asked why staff did not include Pan American's bid for concrete with the backup documents. The Public Works Director said the contracts had not yet been completed for this project. Richard Taracka listed differences in the original bid and the rebid. Robert Pliska, 1592 Dewitt Lane, Sebastian, recommended use of concrete. Mrs. Cartwright expressed her concern for the precedence set by rejection of Pan American's original bid on Englar. ROLL CALL: Mrs. Cartwright - nay Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corum - aye MOTION CARRIED 4-1 (Cartwright - nay) NEW BUSINESS Vero Beach/Indian River County Recreation Department Services (City_ Manager Transmittal 11/27/95. Callahan Letter 9/20/95) The City Manager presented the proposal from Indian River County to assist the City with recreation. He said if City Council is interested he will sit with the county and bring back a more formal service proposal. Rosemary Heesch, 5575 Belfast Terrace, Sebastian, urged that the City to do what is needed to keep teens out of trouble. Mrs. Cartwright and Vice Mayor Corum urged formation of a City advisory committee. 16 Regular City Council Meeting December 6, 1995 Page Seventeen Mr. Halloran said he had misgivings that the City would lose its autonomy by giving recreation to the County. He said he would like to see the heads of the three local sports organizations meet with County representatives to let them know what they want. Mrs. Cartwright said the sports organizations had asked for the committee. Tom Collum, said there are sports programs for teens and noted that are no Sebastian representatives with the County recreation department. He noted that Pat Callahan is an employee of Vero Beach. MOTION by Damp/I-Ialloran I move we authorize the City Manager to negotiate an agreement with indian River County and bring it back to the 1st meeting in January. Mrs. Cartwright again urged the formation of an advisory committee. TAPE III - SIDE I (10:10 p.m.) ROLL CALL: Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corem - aye Mrs. Cartwright - aye MOTION CARRIED 5-O 95.218 B. Recommended Changes to City_ Charter - Schedule Workshon for December 14~ 1995 (City Manager Transmittal 11/28/95. Proposed The City Manager noted Council had changed the workshop date to December 15 at 6:00 p.m. He briefly explained his proposed charter amendments and suggested any other proposals from City Council be submitted before the workshop. 17 Regular City Council Meeting December 6, 1995 Page Eighteen Walter Barnes, 402 Azine Terrace, Sebastian, asked about the typo "1966" that should read "1996"; inquired about the selection of the Vice Mayor and removal of charter officers. 14. A1 Vilardi, 445 Georgia Boulevard, Sebastian, objected to four year terms, removal of the City Clerk as a charter officer, and recommended removal of the office of City Manager. INTRODUCTION OF NEW BUSINESS FROM TIlE PUBLIC Which is not otherwise on the agenda - limit often minutes for each speaker MOTION by Cartwright/Damp I move to extend the meeting until 11:00 p.m. ROLL CALL: Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corem - aye Mrs. Cartwright - aye Mrs. Damp - aye MOTION CARRIED 5-0 Richard Taracka, Coverbrook Lane, Sebastian, suggested property owners fi.om Indian River Drive be included in the new Riverfi.ont Committee. Robert Pliska, 1590 DeWitt Lane, Sebastian, said builders are violating others' properties while building adjacent houses. Mayor Firtion requested the City Manager to make contractors aware of the problem. Thomas Wojciekowski, Peterson Street, Sebastian, commended the City Council for all it has done to improve the golf course and commended Vice Mayor Corum for her commitment to the City. Harry Thomas, 654 Balboa Street, Sebastian recommended a left mm signal fi.om northbound U.S. 1 onto Main Street. 18 Regular City Council Meeting December 6, 1995 Page Nineteen Walter Barnes, 402 Az/ne Terrace, Sebastian, suggested elections be held in November. 15. CITY COUNCIL MATTERS A. Vice Mayor Caro(vn Corum Vice Mayor Corem reported on last year's Arbor Day celebration and said the Tree Advisory Board was requesting the City purchase seedlings from the Department of Agriculture again this year to distribute to local schools in January. MOTION by Cartwright/Damp I move we place the item on the agenda. VOICE VOTE carded 5-0. City Council directed the City Manager to purchase seedlings for approximately $89. Vice Mayor Corum said Council had received a letter from Nate McCollum regarding printing agendas in the press. The City Clerk reported on ad costs. Vice Mayor Corem directed her to put the report in writing and come up with a yearly cost. Vice Mayor Corum asked whether the City can do anything relative to violations of properties by contractors. The City Attorney responded briefly and the City Manager said the City Attorney could look at it. TAPE 1II - SIDE 11 (10:42 p.m.) 19 Regular City Council Meeting December 6, 1995 Page Twenty B. Mrs. Louise Cam~ht Mrs. Cartwright asked if the City Manager wants nominees from City Council for Riverfront Committee members. He said he did. C. Mrs. Norma Damp Mrs. Damp announced the planning meeting Saturday, December 9, 1995 in the Council Chambers; urged people to volunteer for the Winter Wonderland setup; and commented on the behavior of Bob Freeland at the Sebastian Property Owners meeting concerning the sunshine law. D. Mr. Raymond Halloran Mr. Halloran said a contractor had damaged one of his properties, however, the contractor repaired it to his satisfaction. He urged people to continue to attend Council meetings. E. Mayor Arthur Firfion None. 16. CITY ATTORNEY MATTEI~q None. 17. CITY MANAGER MATTERS The City Manager said he would place selection of the Fourth of July Committee Chairman on the December 20, 1995 agenda; announced the employee dinner on December 9, 1995; and asked for Council input on Community Development Block Grant engineers. It was the consensus of City Council to use CRA. The City Manager asked if City Council wants to go out with an RFP for comp plan review consultants or go with Solin and Associates. City Council concurred to use Solin and Associates. 2O Regular City Council Meeting December 6, 1995 Page Twenty One 18. The City Manager requested approval to put together a proposal to charge a $1 surcharge at the golf course to fund cart paths. He was directed to bring back a proposal. Being no more business, Mayor Firtion adjourned the Regular Meeting at 10:55 p.m. Approved at the Meeting. ,1995, Regular City Council Arthur L. Firtion, Mayor Kathtyn M. O'Halloran, CMC/AAE City Clerk 21 City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 AGENDA FORM SUBJECT: Request change of date for use of Community Center for Dancemania IV APPROVED FOR SUBMITTAL BY: City Manager: ~ L// Dept. Origin :__Ci~Clerk Date Submitted:__December 5, 1995 For Agenda Of: __December 20, 1995__ Exhibits: Application EXPENDITURE AMOUNT APPROPRIATION REQI. YIRED: BUDGETED: REQUIRED: 'S~MMARY sTATEMENT On August 23, 1995, City Council approved the Sebastian Jaycees request to hold Dancemania IV Teen Dance Fundraiser on December 15, 1995 ( copy of minutes attached). The applicant contacted this office on December 5, 1995 and requested the date of this event be changed to January 19, 1996 because of other activities occurring during the . holiday season. The Community Center is available on January 19, 1996. RECOMMENDED ACTION Move to approve the request with the requested change of date to January 19, 199~ /?:RECEIveD CITY OF SEBASTIAN f AUS 5 1995 RENTAL PERMIT APPLICATION %,. Ctr~ C~'S '"- %-.. .... OFFICE Address of Permittee · ,,, Telephone No.: Reason fo; Rento. t: Iqgg' ~,O~erm.o?h .-WV/' _ App~x · of Per$onsAttending Requested Date: - ] f, ._ ) ~-_ t'~j ..~c~ Please Answer YES or NO: //z ~/~,~'- 1) Are kitchen facilities required? 2) Are you a resident of Sebastian? 3) Will decorations be put up? 4) Will there be an admission or door charge? 5) Will cdcoholic beverages be served? (a) If answer to 4*5 is Yes, Permittee's Proof of Age: (b) [f alcohol is to be served, permission is required by City Council. Your request will be presented to Council on SecurityDep°sit$-2.5"'J) ' gfl O .Rentals ~,R. oe"g) + 7%Tax /-,'///~ =$ /~. ~ / Make Checks Payable to: CITY OF SEBASTIAN ' ' ' SPECIAL NOTE: A service fee of 5% or $20.00 (whichever is greater) may be charged for any dishonored check per Florida State Statute 166.25 I. OFFICE.,. USE ONLY Security Deposit Paid On 4~).-~ ~ Date Rental Fee Paid On Date '~~-~equest hecrrd crt the Council Meeting on Key Pickup Date Security Deposit Returned By City Check No. Comments: Cash Check In/rials Cash Check ,? Key Return Date in the amount of Initi~s ~/DENIED Re~_m~iar City Council Meeting Augu.sz 23, 1995 Page Five KOLL CA.LL: Mrs. Damp YR. Kalloran Mayor Firrion Vice Mayor Corum ~ aye - aye - aye ~ aye MOTION C,ad%Rf]ED 5-O CONSENT AGEN'DA AH items on the consent agenda are considered to be routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests: in which event, the item wfll be removed and acted ut~on separcrtety. Approval of .Minutes - 8/~95 and 8/3/95 Budget Work,hops, 8/9195 Keg.dar Meeting 95.143 Sebastian Yaycees - Margo Giacobbi - Kequesr Use of Cornmnn~ry Center - 9/2°_/95 and 1~15/95 - 6 p.m. ro 10 p.m - Dancemama III and l'V Te~-m Dance Fmadraiser$ - Admission Fee - Secm-/ty Pd (City Clerk Transmi~ dared 8/8/95, R-95-50 Pg 5, Application) 95. Co Lion's Club - R, eq[uexr Use of Riverview Park - Steak Dinner Fundmis~ - 11/4/95 - 9 am to 6 pm - Use of Electricity, and Standard Conditions (Director of Commnuity Development Tra~,qrnimal dared 8/14/95, Zuhowski Le~er dated 8/4/95) The City Manager read the corment agenda_ _&a amended page four of the Au~xsz 9, 1995 minnies had been disrribumd prior ro 'abe me,ring by the Ciw Clerk at the request of iMrs. Ca_rrwr/g_~ar. MOTION by Ca.mmS~t/Comm I move to approve imm A a~ amended,, item B and and item C of the consen~ a_*enda_ P.~gnlar Cirv Council ,Meeting Augz~sz 23~ 1995 P~ge Six KOLL C,~LL: Mrs. Damp ,.x&. Halloran Mayor Firdon Vice Mayor Coram - aye - aye - aye - aye Nonc. 10. MO,TION CARRIED 5-0 PRESENTATIONS C OMMI'ITEE REPORTS/RE C OMNFEN'D ATiONS A, Plarmin~and Zonm~ Commission 95.145 1. Recommendation Re: Barbed Wire Fences ,_Direct City Attorney to Draft Ordinance (Director of Commurdry Devetovment Transmittal dated3/lS/95~ DC-T) Me.l:no~ dared 5/17/95_P & Z Memo dated,,.5~29/95) This item had been previously postponed to a September 1.3, !995 work. op. 95.082 11. OLD BUSINESS Costa Culvert Pipe rCirv Manager Transmittal dared _~/.17/95~ Vovapka Letter dated 6/9/95, 5124/95 Minutes Exc~t Cooper Letter dated 3/8/95) Taiz item kad be~u previously withdrawn by Mr. Costa. who rese.-wed ~e rigJar ro be on a furore agenda. City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 o FAX (407) 589-5570 SUBJECT: C~ITY CLERK - PAY INCREASE APPROVED FOR SUBMITTAL BY: city Manager: Dept. Origin HUM3~ RESOURCE~ Date Submitted 12/12/95 For Agenda Of 12/20/95 Exhibits:RESOLUTION NO. R-95-67 C~TY CLERK'S PAY INCREASE EXPENDITURE REQUIRED: $574.54 AMOUNT BUDGETED: $574.54 APPROPRIATION REQUIRED: $574.54 SUMMARY STATEMENT The City Council, ac its budget meeting for Fiscal Year 1995/96 directed that the Cwo Charter Officers - City Manager and City Clerk - have their pay increases recommended by the City Council. The City Clerk's evaluation date is 12/08/95 and the recommendations for increases were as follows: Mayor Firtion 0.0% Vice Mayor Corum 2.0% Councilmember Cat,wright 3.0% Councilmember Damp 0.0% Councilmember Halloram 2.0% The City Clerk's current salary is $41,038.40. The average recommendation is 1.4% for an increase of $574.54 or an annual total of $41,612.94. RECOMMENDED. ACTION Move tO adopt Resolution R-95-67 increasing the City Clerk's pay by 1.4%. P~ESOLUTION NO. R-95-67 A RESOLUTION OF THE CITY OF SEBASTIAN, PROVIDING FOR THE CONSIDERATION OF A PAY INCREASE FOR THE CITY CLERK; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council desires to determine appropriate increases for those City employees reporting directly to the City Council; and WHEREAS, the City C!erk's evaluation date is December 8, 1995. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Sebastian, Indian River County, Florida, as follows: SECTION 1, The City Council has submitted 5heir recommendations for consideration of a pay increase for the City Clerk. The recommendations average out to a 1.4% increase, or a $574.54 increase in pay annually for the City Clerk. ~2. CONFLICT. All resolutions or parSs of resolutions in conflict herewith are hereby repealed. ~TION 3. SEVERABILITY. In the event a court of comDeuent jurisdiction shall hold or determine that any Dar~ of ~his Resolution is invalid or unconstitutional, the remainder of ~he 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, ereby causing said remainder to remain in full force and effect. SECTION 4. This Resolution shall take effect on the Day period closest to the anniversary date upon its adoption. The foregoing Resolution was moved for adoption by Council member The motion was seconded by Council member and, upon being put to a vote, the vote was as follows: adopted this Mayor Arthur L. Firtion vice Mayor Carolyn Corum Council member Louise Cartwright Council member Norma Damp Council member Raymond J. Halloran The Mayor thereupon declared this Resolution duly passed and day of , 1995. CITY OF SEBASTIAN, FLORIDA BY' Arthur L. Firtion, Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE Approved as to Form and Content: Clifton McClelland, City Attorney City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 AGENDA TRANSMITTAL SUBJECT: FDOT Airport Master Plain Approval For Submittal By: City Manager %~/ AGENDA NO. Dept. Origin: City Manager Date Submitted: 12/12/95 For Agenda Of: 12/20/95 Exhibits: EXPENDITURE AMOUNT APPROPRIATION REQUIRED: N/A BUDGETED: N/A REQUIRED: N/A SUMMARY During the Regular Meeting of November 15, 1995, a discussion took place regarding the FDOT review of the Airport Master Plan. The supplemental agreement to the Griener, Inc., engineering services agreement was discussed but it was determined by City Council to delay the execution of the proposed supplemental agreement #2 until Griener, Inc., could obtain additional information regarding why FDOT had not approved the Airport Master Plan. Mr. Eric Nielsen from Griener, Inc., is here tonight with a representative from FDOT. After the discussion, it is essential to take positive action on the proposed supplemental agreement so we can begin to execute that part of our Master Plan regarding the repaying of Runway 4/22. RECOMMENDATION Approve the proposed supplemental agreement #2 to the Griener, Inc., Professional Services Agreement. Engineer/n~ SUPPLEMENTAL AGREEMENT NO. 2 (Supplement to the Master Professional Services Agreement dated August 24, 1994) This SUPPLEMENTAL AGREEMENT, made and entered into this day of .... 1995, by and between the CITY OF SEBASTIAN, operator of the Sebastian Municipal Airport, located in Indian River County, a subdivision of the State of Florida, hereinafter called the CITY, and GREINER, INC., a California corporation authorized to do business in the State of Florida, with offices located in Orlando, Florida, I hereinafter called the ENGINEER. WtT~N ESS E.'[', H: Article I ProLect Description The CITY hereby retains the ENGINEER to furnish engineering services for the construction phase of the following development at the Sebastian Municipal Airport: 1. Reconstruct and Mark Runway 4-22 (4,000' x 75') 2. Sealcoat shoulders (8,000' x 37.5') The above services are hereinafter called the PROJECT, Article II Services b~Engineer The consulting services that the ENGINEER shall furnish to the CITY under this Supplemental Agreement shall include: A. Basic Services Construction Phas._e 1.1 Represent the CITY at the Pre-Construction Conference. 1.2 Provide general consultation and advice to the CITY with respect to the construction of the PROJECT. 1.3 Assist the CiTY in estimating cash flow projections of PROJECT expenditures. 1 of 7 1.4 1.5 1.8 1.7 1.8 1.9 1.10 Provide three (3) sets of executed Contract Documents (Plans and Specifications) for the Contractor's use during the Construction Phase. Perform three field visits (not including the services of full-time inspectors) to the PROJECT while construction is in progress to observe the progress, workmanship and quality of materials for conformity with the plans, specifications and construction schedule and provide appropriate reports to the CITY. A sixty (60) calendar day construction period is estimated for the PROJECT. Review and approve for compliance with the design concept of the PROJECT and compliance with the information given in the construction contract documents, all detailed construction shop and erection drawings and material samples submitted by the Contractor(s). Review reports of field testing activities performed by the CITY or others. Prepare routine Change Orders or routine Supplemental Agreements as may become necessary during construction of the work, it being understood that change orders or supplemental agreements involving major changes in scope and revisions to plans, specifications or construction operations will be performed in accordance with "Additional Services", Article ll.B., described herein. Review and recommend for approval, monthly and final progress payments to contractors, change orders, supplemental agreements and time extensions and assist the CITY in preparing pertinent governmental agency standard forms, only if the ENGINEER furnished full-time inspection under a subsequent assignment agreement. In the event that the ENGINEER does not furnish full- time inspection, it is understood that the party furnishing full-time inspection will review and recommend for approval monthly and final progress payments to contractors, change orders, Supplemental Agreements and time extensions and assist the City in preparing pertinent governmental agency standard forms. Perform final inspections with representatives of the CITY and appropriate governmental agencies of the completed PROJECT and prepare certificates of substantial completion and affidavits of compliance for the CITY. 2 of 7 B. Additi.ona ..Servi.ces If authorized in writing by the CITY, the ENGINEER will furnish or obtain from specialty consultant, the following additional services in connection with the PROJECT: Make major revisions to completed or partially completed design plans and specifications to incorporate changes made to the scope of work after approval of the preliminary plans by reviewing agencies provided that these revisions are not attributable to any error or omission of the ENGINEER. Prepare construction contract change orders or Assignment agreements involving major changes or revisions of the completed construction plans or specifications which are not attributable to any error or omission on the part of the ENGINEER. o Prepare to serve as a consultant, witness or representative for the CITY in any public hearing, public information meeting or other administrative proceeding involving the PROJECT. Such consultation and representation in connection with litigation or other legal proceeding involving the PROJECT shall be covered under subsequent Assignment agreement. Assist the CITY in performing any inspection of facilities constructed under this Agreement after final acceptance of the work but prior to the expiration of any contractor's warranty periods imposed in construction contract documents. Furnish additional copies of final plans, specifications and contract documents beyond the three (3) called for in Article II.A. 1.4 for use during construction phase or for review purposes. Perform services involving the preparation of rate schedules, earning and expense statements, feasibility studies, appraisals, evaluations or other similar detailed analysis that are not normally required in the scope of the PROJECT. o Prepare drawings from field measurements of existing construction when required for planning additions or alterations thereto where they are not included in the original scope of the PROJECT. Perform additional or extended services during construction made necessary by (1) work damaged by fire or other cause during construction, (2) prolongation of the construction contract time due to causes beyond the control of the ENGINEER, (3) acceleration of the work schedule involving service beyond normal working hours, and (4) contract default due to delinquency or insolvency of the Contractor(s). Provide full-time resident project PROJECT if ordered by the CITY. 3 of 7 representative for field inspection of the 10: Verify "as-built" information provided by the construction contractor(s) if full-time observation is not provided by the ENGINEER. 11. 12. Prepare record drawings in reproducible mylar form based upon information provided by the Contractor(s) of those facilities for which design plans were prepared by the ENGINEER. Update the current Airport Layout Plan to reflect the completed construction under this PROJECT. 13. Perform other than routine services when required by FDOT audit subsequent to the completion of the PROJECT. Additional services not otherwise provided for by this Assignment Agreement. The CiTY will furnish a separate Notice-to-Proceed for the Basic Services and for each additional service it selects. If the CiTY does not furnish a Notice-to-Proceed for service, it will not be obligated for compensation for such services. ARTICLE III CITY'S RESPONSIBILITIES, The 1. 2. CITY'S responsibilities include the following: Coordinate the CITY'S requirements for the PROJECT with the ENGINEER. Provide copies of pertinent documents, reports, plans, specifications, photography, standard forms and other similar data available to the CITY that are required by the ENGINEER for the proper performance of his services. Provide information and make decisions as may be required to prosecute the work in a timely manner. Perform, or authorize the ENGINEER to arrange to have specialty consultants perform all test borings, sub-surface investigations, construction materials testing and engineering surveys as may be required by the ENGINEER for the proper performance of his services. Reimburse the ENGINEER for the actual cost of printing and mailing of contract plans, specifications and contract documents required during the construction of the PROJECT and for the use by contractors, sub-contractors, testing laboratories and others having need for such documents less any amount paid to the ENGINEER by Contractors or others for copies of these documents. The above shall not preclude the CITY from causing such printing to be performed directly by the CITY or other 4 of 7 agencies. Article IV COMPENSATION AND P. AYM_,E,..NTS TO THE ENGINEER A. Pa¥.ment for Basic, Services The CITY will pay the ENGINEER a sum of NINE THOUSAND, FOUR HUNDRED DOLLARS ($9,400.00) for Basic Services Article II.A. 1. (See attached Manhour Breakdown - Exhibit "A".) Compensation for these services shall be billed by the ENGINEER and paid by the CITY not more than once per month in progress payments in proportion to services performed. No deduction shall be made from the ENGINEER'S compensation on account of penalty, liquidated damages or other amount withheld from payment to the construction contractor(s). In the event that all or part of the PROJECT is not completed by the ENGINEER, or if conditions of the PROJECT change during the performance of Basic Services, the appropriate amount(s) set forth above shall be renegotiated by a mutually agreed upon method. B. Payment for A.dditional Services The CITY will reimburse the ENGINEER a not-to-exceed amount of TWENTY- NINE THOUSAND, TVVO HUNDRED DOLLARS ($29,200.00) for Resident Inspection Services in accordance with Article ll.B.9 (see Exhibit "A" for cost breakdown). The CITY will pay the ENGINEER a not-to-exceed amount of FOURTEEN THOUSAND, ONE HUNDRED NINETY DOLLARS ($14,190.00) for Construction Testing Services in accordance with Article 111.4 (see Exhibit "A" for breakdown of cost). The CITY will reimburse the ENGINEER a sum of ONE THOUSAND, 'rwo HUNDRED DOLLARS ($1,200.00) for preparation of Record Drawings in accordance with Article ll.B.11. The CITY will reimburse the ENGINEER a not-to-exceed amount of TVVO THOUSAND DOLLARS ($2,000.00) for preparation of a Construction Management Quality Assurance Plan as required by the Contract Documents. C. Total Payment-.Engineering Services The total payment for Engineering Services described in Article IV.A. and B. above itemized as follows: 5 of 7 IV:A. Basic Services - L.S. $ 9,400.00 IV.B. Additional Services 1. Resident Inspection - NTE 2. Construction Testing - NTE 3. Record Drawings - L.S. 4. Constr. Mgmt./Qual. Assur. Plan - L.S. Sub-Total of Additional Services: $29,2OO.00 14,190.00 1,2O0.00 2,000.00 46.59O.00 Total Payment-Engineering Services: $55,990.00 D. Su,,bcontract Administration Services ~'n addition to the compensation and payment described in Article IV.A., B. and C,, the CITY will reimburse the ENGINEER for services and reimbursable expenses of specialty consultants employed by the ENGINEER whose services are authorized by the CITY under Article 111.4. Payment shall be made for the actual amount invoiced to the ENGINEER plus a lump sum amount paid to the ENGINEER for the processing and payment of invoices received from the Subconsultant. E. Payment Pro,,c,,edure The ENGINEER shall submit monthly invoices for work performed as described in Article IV.A. and B. payable within thirty (30) days. The amount invoiced will be based on the progress of services performed. o The ENGINEER will submit invoices for work performed by specialty consultants as described in Article iV.D. when billed by the specialty consultant and shall attach copies to all statements as approved by the ENGINEER, payable within thirty (30) days. The ENGINEER will maintain adequate records in accordance with generally recognized accounting practices and shall be available to the OlTY, the Federal Aviation Administration and the Florida Department of Transportation for audit at the ENGINEER'S office. After sixty (60) days from the date of the invoice, interest at the rate of one-and- one-half percent (1.5%) per month of the outstanding unpaid amount will be charged. Any Professional Services initiated after October 1, 1996, will be subject to renegotiation. 6 of 7 Article V Disadvantaged Business. Enterprise Goals (DBE) The ENGINEER establishes the following sub-consultant participation goals for work included in this Agreement. Disadvantaged Business Enterprise (DBE) - 0% Article VI Except as set forth above, all provisions and covenants of the Engineer's Basic Agreement da, t.ed August 24, 1994, shall remain in full force and effect the same as incorporated herein by reference. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year first above written. ATTEST: By: ATTEST: By: ~reg T. S~-i~E. (Vice President) ~lO0010,ContdOC] 7 of 7 ~'vXH lB IT "A" SEBASTIAN MUNICIPAL AIRPORT RUNWAY 4-22 RECONSTRUCTION Engineering Fee Breakdown A. Basic Services 1. Construction Phase Proj. Sr. I Mgr. Engr. Engr. Tech. Clerk A. Pre-Construction Conference - 8 4 - B._. Construction Admin./Coord. - 1:2 16 - 6 C. ~;onstruction Support (Shop Drawings, Submittal Review, Clarification, Testing, etc.) - 8 20 2 4 D. On-site project meetings (3) - 24 - - E. Final inspection 8 - - F. Project Close-out 4 4 12 - 6 Sub-Total Construction Phase: COST SUMMARY f Hrs.~ Rate Cost Project Manager 4 $98.50 $ 394.00 Senior Engineer 24 $79.27 1,902.48 Engineer 88 $60.24 5,301.12 Technician 6 $49.66 297.96 Clerk 16 $32.49 519.84 Sub-Total: $8,415.40 Out-of-Pocket Expenses: A, Printing $ 425.00 B. Telephone/Fax 200.00 C. Mileage - 700 mi. (~ $0.25/mi. 175.00 D. Per Diem - 4 days @ $50/day 200.00 Sub-Total Out-of-Pocket: $1,000.00 SAY: $ 8,410.00 TOTAL BASIC SERVICES COST SUMMARY: 1. Construction Phase - Lump Sum $8,410.00 2. Out-of-Pocket Expenses 1,000.00 Total Basic Services: $9,410.00 B. Additional Services 1. Resident Engineer l Arnt.__] Rate Cost Labor 470 $65.00 $25,850.00 Mileage 980 0.25 245.00 Per Diem 60 50.00 3,000.00 SAY: Tota! Resident Engr. Costs: $29,095.00 Total Not-to-Exceed Cost: Construction Testing Services Material Testing Subconsultant $12,900.00 Greiner Handling Fee (L.S.) ~ Total Not-to-Exceed Cost: 3. Record Drawings (As-Builts) (L.S.) 4. Construction Management/QA Plan (L.S.) Total Additional Services: C, F~n(lineerin~ Services Cost Summarv 1. Basic Services $ 9,400.00 2. Additional Services 46,590.00 TOTAL ENGINEERING COST: $55,990.00 SAY: $29,;200.00 14,190.00 1,200.00 2,000.00 ntdoc] A-2 $9,400.00 $46,590.00 City of Sebastian PO:~T OFFICE BOX 780127 cl SEBASTIAN. FLORIDA 32978 TELEPHONE (407) 58g-~330 FAX 4(17-58g-5570 SUBJECT: Polite Pedsion Board of Trustees - Appointment of Fifth ~ember Approved For Submittal By: City Manager ~_/~//Ta ~ ...- ) ~genda NO. ) ) Dept. Origin Pn_!] !Ce ) Date Submitted 12/0~/95 ) ) For Agenda Of ) ) Exhibits: Police Pension Bo~M ) ~ dated 1~/~5 ) ) EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY STATEMENT The Cib[ Counc~, in (zccordonce with Sec~on 58-51 (a) (3) of the Code of Ordiuonces, ~ requ~ed to oppoint, os a mirdstedc~ duff, the Kflh member of the Police Pennon Boord'os elected by the four other members of the boord for (z ~vo yeor terns. The four newly appointed members of the Police Pennon Boord c~d meet on November 16, 1995 ond ~poh~ted Judy Robinson os the 5fib member. RECOMMENDED AC~ON- Move to appoint the fifth member of the Police Pension Board of Trustees os elected by the four other members for a two year term to expire October 1997. SEBASTIAN POLICE OFFICERS' REZ2REMENT TRUST FUND 1225 MAIN STREET · SEBASTIAN, FLORIDA 32958 TELEPHONE: CITY HALL (407) 589-5330 ,, POLICE DEPARTMENT (407) 589-5233 FAX (407) 589-5570 December 4, 1995 City Council Members City of Sebastian 1225 Main Street Sebastian, Fl. 32958 Re: Appointment of Member Pleased be advised that on November 16, 1995, the members of the Sebastian Police Officers' Retirement Trust Fund Board have appointed, by unanimous vote, Judy Robinson as the fifth member of' the Board. Ms. Robinson is an accountant with seventeen years experience and for the past ten years has owned and operated Bookkeeping Unlimited located in Micco, Florida. Ms. Robinson has been a resident of the area since 1981. We feel she will be an asset to our Board. Sincerely, Chairman, Sebastian Police Officers' Retirement Trust Fund EG/pp City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 u FAX (407) 589-5570 SUBJECT: 4th of July Approval For Submittal By: City Manager AGENDA TRANSMITTAL ) ) ) ) ) ) ) ) ) ) ) ) AGENDA NO. Dept. Origin: City Manager Date Submitted: 12/12/95 For Agenda Of.' 12/20/95 Exhibits: EXPENDITURE AMOUNT APPROPRIATION REQUIRED: N/A BUDGETED: N/A REQUIRED: N/A SUMMARY We now have one possible candidate for serving as the Chairperson for the 4th of July Committee. 1. Wayne Kroegel I would recommend establishing a Co-Chairperson category so the workload is not excessive for any one individual. However, I do not have the name of anyone for you to consider at this time therefore, Mr. Kroegel will have to handle the Chairperson position alone until the Co-Chairperson is appointed. RECOMMENDATION Appoint Mr. Wayne Kroegel as the Co-Chairperson for the 4th of July festivities. City of Sebastian 1225 MAIN STREET u SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 SUBJECT: TO REPAiR/REMOVE MOBILE HOME AT 320 TANGELO STREET Approval for Submittal By: City Manager ~~ REQUEST FOR EXTENSION ) Agenda Number: /J' /~/ ) Dept. Origin: Buildin, DeDartme ) ) ) Date Submitted: ) ) For Agenda Of: 12/20/95 ) ) Exhibits: 1. Letter dated 9/20/95 to Joseph Fleischman from B. Cooper 2. Letter faxed 11/12/95 from John C. Fleisckman to George Bonacci EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED'. SUMMARY STATEMENT At its regular meeting of September 13, 1995, the City Council directed the Building Official to send notice to the property owners of 320 Tangelo Street requiring them to either repair or remove the damaged mobile home on the property within 60 days. Mr. Cooper sent letters to the three affected property owners and, the latest date the letters were received was October 13th. Since the letters were received, arrangements have been made for a lawn service to keep the grass on the property maintained. Currently, there are no open code enforcement cases on this address. On November 12, 1995, Mr. John Fleischman faxed George Bonacci a letter requesting a sixty day extension to allow the family time to travel to Florida to review their property and make their decision to either repair or remove the mobile home. Any repair work will still require the proper permits being obtained from the Building Department by a licensed contractor, and the mobile home will still be deemed un- inhabitable until so stated by the Building Official. RECOMMENDED ACTION Grant the request for a 60-day extension. City of Sebastian 1225 MAIN STREET a SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570 .September 20, 1995 Mr. Joseph Terrance Fleischman 8~32 Sepulveda Place #2 Van Nuys, CA 91402 CERTIFIED MAIL P 292 573 517 Reference: 320 Tangelo Street, Lot 13, Block 4, Unit 3 Orange Heights Subdivision Tax Parcel ID #: 06-31-39-00019-0040-00013.0 Dear Joseph, As you are aware, the City of Sebastian has been in recent contact with you regarding the above referenced property and the current condition of the mobile home. Due to the lack of maintenance over many years and current code violations regarding the above referenced property, this department conducted an in-depth inspection of the mobile home and the accessory structure regarding its condition. Pursuant to Section 26-34(a) of the Code of Ordinances, I inspected 320 Tangelo Street and forwarded my report to the Sebastian City Council relating to its present condition. Attached is the agenda cover sheet with backup regarding my inspection and recommendation. Please be advised at its regular meeting of September 13, 1995 the City Council authorized this department to send legal notice to the. owners of the above referenced property and give the owners sixty (60) days to either repair or remove the structure. As you can see in my summary statement and attached report, I have determined this structure to be unsafe and also create a hazardous condition to the Lmmediate area. Therefore,'please be advised of the following: 1. This structure is no longer habitable and further occupancy of this structure is prohibited until written authorization from this department is issued. 2. From receipt of this letter, you have sixty (60) days to'either ~iI or remove the mobile home and accessory structure. PAGE 2 OF 2 3. If the mobile home and accessory structure is to be repaired, all necessary permits shall be secured from the Sebastian Building Department prior to commencement of work. Please be advised that any person having legal interest in the property may appeal this notice to the Board of Adjustment of Appeals within thirty (30) days from the date of the receipt of -this letter and that failure to appeal in the time specified will constitute a waiver of all rights-to an administrative hearing. If~you have any questions concerning this matter please do not he~itate to give me a call at (407)-589-5537. per Director of Community Development/ Building Official BC/dc LTRJOTFL.WP i City of Sebastian 1225 MAiN STREET a SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 a FAX (407) 589-5570 AGENDA TRANSMITTAL S ~UI~JECT: R-95-68 & R-95-69 Riverfront Assessment Approval For Submittal By: City Manager ~/~'× AGENDA NO. Dept. Origin: City Manager Date Submitted: 12/15/95 For Agenda Of: 12/20/95 Exhibits: - Resolution R-95-68 and Resolution R-95-69 i EXPENDITURE AMOUNT APPROPRIATION BUDGETED: N/A REQUIRED: N/A REQUIRED: N/A SUMMARY During the September 28, 1994 public heating for the Riveffront Assessment for the installation of water main, water laterals and fire hydrants, the general public was advised that the proposed cost was a preliminary figure and we would provide the final figure after completion of the project. We are preparing our final cost figures and the final outcome appears to be lower than our original preliminary estimate for the cost of construction. However, during the construction period, we discovered that some adjustments would be required because we included some parcels that would not receive any benefit and we also discovered a few parcels that had not been correctly identified. After adjusting to these corrections, our fmal estimate provided a slight reduction in the square footage cost calculations. We decided however, that we should re-address the public hearing process for two reasons. First is to make sure all actions are technically correct and the second reason is to re-acquaint the City Council with the procedure because we will be addressing this same type of assessment procedure with the expansion of~the "County" utility system within~ the City. The first Resolution R-95-68, establishes the need for the improvement and Resolution R- 95-69 establishes the public hearing date of January 10, 1996. At the January 10, 1996 hearing, the final assessment will be known and revealed so a resolution can be prepared for January 24, 1996 representing the final assessment figure. Although all of the above actions are primarily ministerial in nature, it is important that everyone understand the sequence of events as it relates to the various Resolutions. RECOMMENDATION Approve Resolution R-95-68 Approve Resolution R-95-69, establishing the public hearing date of January 10, 1996. RES~LUTZO~ NO. ~ & RSSOLU~ZON OF ~ CZ~ OF ~~Z~ Z~ RZVSR PR~Z~ FOR ~P~ OF ~8~Z~S OR ~~, the C~ty of Sebastian, Florida ("City") find~ ~e necessa~ to pr~ote the herein de~cr~ed public welfare of =he City and elect ~o defray the special aseessmen=s against =e~ain pro~er=ios =he wa~er main and e~enelons =o =he area descried a~ east of U.S. Highw=y ~1 ~o the Indian ~iver, with its sou=hem bounda~ located on the City's South city l~i= line with no~he=n bounda~ located on nhe city's north cit~ !~t line, her~inafter referred Co as =he "~iverfron= Water ~roJec=*; NOW, THEREIn, B~ Z~R~8OLV~DB~THHCITY~FllCiL OFT HE CITY P~E= The City doe~ her~y P~ZC end declare i~ is in CAe public interest to m~ke water sye=~~rov~en=s =o Drovide p~lic wa=er semite for ~10 parcels located wi=bin CAe City of Sebas=i~ for the aiverfron= Water Project and a~sesemen=s shall be levied to defray =he costs of ~prov~en=s in accordance with and in m=nner provided in Chap=er !70, ~!orida Statutes. SECTION 2. NATURE OF I~PHGVEMEN~: The nature of the proposed improvement is to provide public wa=er service with wa=er mains, services, valves, fire hydrants and other water distribution facilities =o =he parcels located in =he Kiver~ron= Wa=er ProJec=. SECTiO~3~ LOCATION OF I34PH~Sz The wa=er mains, water services, valves, fire hydrants and o~her wa=er distribution facili=ies will be located on U.S. Highway %1,. Jackson Street, Madison Street, Coolidge Street, Cleveland S~reet, Martin Avenue, I Indian ~iver Drive, Davis Street, NotCh Central Avenue, Jefferson S=reet, Washington Street and an unnamed alley from Mar=in Avenue running south 650 ± ~ee= within =h~ Riverfron= Wa=er Project as shown in =he aC=ached map which is made a par= of this Resolution by reference. I · SECTION A.,. I~3RTION OF EXPENSE PAID BY ASSEGMN~: The o~ of arising from the ~9rov~en~. The City of Sebas~i~ shall pay the ~ ~ ~.~ ~BEB~~ A special assessment in the I land area of each of =he parcels which are benefitted by =he I proposed improvement and are des£g~ated on ~he assessment plat. SECTION ~ P&~ ~F ASSESSMEN~ The special assessments shall be due and payola and may be paid in full without in=eras= within 4~ days from the data (the "Credit Da=e") of =he Resolu=ion j of the City Council which accepts ~h~improvements after comp!e=ion of nhe Improvements. If not paid in full, =he special assessments I may be paid in =an equal yearly ins=aliments of principal plus interes:. If no: paid when due, the unpaid balance of the special asseesmen=$ shall bear in=eras% a= =he rate of 8% from =he Credi= until paid. special assessmen= shall be levied are all lots and lands adjoining Iand contiguous or bounding and abu:=ing upon such improvements or specially benefitted Cheroby and fur=her designated by the I assessment pla= hereinafter provided for and which is on file with =he City Clerk and which ia in=or, ora=ed by =his reference in=o =his ~esolu=ion as if fully se= ou: herein. I SECT~O~ 8. ~OTAL ASSESHMEF2 COST: The =cOal estimated project cost of the above-described improvements is shown to be I $750,000 or the el.Tm of $0.14278616 per square foot to be paid by ~he prope:~y specially benefit:ed as shown on the assessmen= plat I on file w~=h =he Clay clerk. =he City Clerk a plat showing speclfica=ions, an~ an estimate There. is presently on file with area ~o be assessed, plans and of the cos= of the pro~osed improvements. Ail such documents are open =o inspection by =he public at the Office of =he City Clerk. SECT~ON/~. ASSESSME~TROLL: An assessment roll wi:h r~spec= to the special assessments shall promp:!y be prepared in connection the special assessments. S~CTION 1.l. 8ECTZON 270.14; The City imposed a special assessment against certain properties for =he ~iverfron= Project I with an adoption of Resolution 94-53 daned September 28, 1994. The cons=rut=ion of the aiverfront ProJecu. I City has undertaken The construction of =he Project reveals that there needs =o be c~nges in the pl~ns for =he Project, and =he charges and benefiUs I to certain :he City to defective, assessment when i= might have done so. The City finds that certain of the assessments set out in Resolution 94-53 da=ed September 28, ~ properties. Sec=ion 170.14 Florida Statute authorizes impose a new assessment if an assessment is irregular, City shall have omitted =o make such or if 1994, are defective and can not be collected. This resolution is ~ for the purpose of causing as assessment to be made for ~he ~iverfront Project under the provision of Sec=ions 170.03 and I 170.14 Florida Statutes. ~ XR. PUBLZ~A~ZON: Upon =he adoption of this i Resolution, the City Council of the City of Sebastian shall cause .. I this Resolution (along with a map showing the areas to be served) =o be published once a week for a period ot two weeks in the Veto I Beach Press Journal before =he public hearing required by Chapter 170, Florida Statutes. I __ section, or other part of this ~esolut~on shall be held by any cour~ of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be eliminated and shall in no way affect the validity of the other provisions Resolution. of =his ~ 1A~ CONFLICTING H~IOL~IONB: Ail Resolutions or Darts of Resolutions in conflict herewith are hereby repealed =o =he extent of such conflict. ~ 1~. EFFECTIVE DA~E: This Resolution shall take effect immediately upon i=s adoption. i The foregoing Resolution was moved .for adoption by Coun¢ilmember ........ . The mo=ion was seconded by ICouncilmember .... and, upon being put into a Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Councilmember Norma J. Damp Councilmem~er Ray Halloran Councilmember Louise R.'Cartwrigh= Resolu=ion I The Mayor =hermupon declared =his adopted this ,,, day of duly passed and CITY OF SEBASTIAN, FLORIDA I ATTEST: (Seal) Approved as to Form and Con=ant: City A~orney OWNERS OF PROPRR~:i:ZS LOCATED ~3E:B~.HALL~ :i;N THE AREA EAST OF U.S. 1 'LO THE :2:]EDL~U H. IVER RU'~dING FROM THE CITY'S SOU'I"~ERN BOUNDAR~ TO Z~S NOR'~I-I~ BOU']IINt~Y AND O~HER IN~Ri~S~RD PERSONS, WA~BR DZB~B~ FACZ~Z~ZRS, BE~FZ~ ~~; P~ZDZ~ I WHEREAS, the City Council of =he City of Sebastian, Indian River Coon:y, Florida has, by ~esolu=ion No. ~-95-68, dc=ermined I =hat it is necessary for =he public welfare of the citilens of the I City, and particularly as =o those living, working, and owning property within ~he area East of U.S. 1 to the Indian Kiver running I from =he City's southern boundary to its nor=hem boundary, a Riverfron= Projec= including =he wa:er mains, wa=er services, valves, fire hydrants and ocher we=er distributive facilities (hereinafter referred to as the "River~ront Project," shoul~ be ins=ailed =o serve 310 parcels hereinafter described; and WHEREAS, i= has been de=ermined :ha= :he cos= =o be specially assessed with respect thereto shall be =he sum of $0.14278616 per square ~oo=; and W~EREAS, =he City Council of =he City of Sebastian has caused roll to be completed and filed with the City C!er~; an assessment and WHEREAS, Chapter 170, ~lorida Sca=utes, requires =ha= =he City Council shall fix a =//ne and place a= which =he owners of the ~ropernies =o be assessed or any other ~ersons in=eras=ed therein may appear before =he City Council and be he~rd as =o the propriety and advisability of constructing such aiverfron= Project, as =o the co8= ~hereof, as to the manner of payment therefor, and as =o the a~eun= =hereof =o be assessed thereby; NOW, ~H~P~FORE, BE IT RESOLV3~DBYTHECI~CO~rffCIL OFT HE CiTY OF SEBASTIAN, LKDIA~ RIVER COU~T~, FLORIDA, that: · X~ 1. The City Council shall meet a~ the City Hall Chambers of =he City of City of Sebastian a= =he hour of 7:00 p.m. against each property benefit=ed I on Wednesday, January 10, 199~, a~ which =ime the owners of the properties to be assessed and any other interested persons may appear before said Ci=y Council and be heard in regard =o the propriety and advis~bili=y of constructing such Riverfront Project, as to ~he cost thereof, as =o ~he manner of payment therefor, and as =o =he amount thereo~ to be assessed against each property bens[it=ed thereby. The area ~o be improved and the properties to be specially benefit=ed are m~re particularly described upon =he assessment plat and =he assessmen~ roll with regard to the special assessments. ~2. All persons interested in the construction of said improvements and the special assessments against the properties no be specially benefitted may review the assessment plat showing the area to be assessed, =he assessment roll, the plans and specifics=ions for said improvements, and an estimate of the cos% thereof at =he Office of the City Cler~ any week day from 8:00 a.m. =o 4:30 p.m. ~ECTION ~. NO,iCe of ~he time and place of =his public shall be by two publics:ions in =he Press Journal hearing given Newspaper one week apart. The last publics=ion shall be a= least o~m~week prior to the date of =he hearing. The City Clerk shall give :he owner of each property =o be specially assessed at least ten days no=ice- in writing a= such tl~e and place, which shall be a of such no=ice to each of such property ~erved mailing copy owners a= his las: known address. ~ ~ If any clause, sec=ion, or other par= of =his Resolution shall be held by any Court of competent jurisdiction =o be unconstitu:ional or invalid, such unconsti=u=ional or invalid parn shall be eliminated and shall in no way affect the validity of =he other provisions of this Resolution. ~ ~ Ail Resolutions or' parts of Resolutions in conflict herewith are hereby repealed =o the ex=ant of such conflict. This Resolution shall become effective upon its passage and adoption. The foregoing Coun¢ilmember Councilmember Resolu=ion was moved for adoption by . The mo=ion was seconded by and, upon being put to a vote, the vote was as follows: Mayor Ar=hut L. Firuion Vice-Mayor Carolyn Corum Councilmember Norma J. Damp Councilmember Louise K. Cartwrighn Coun¢ilmember ~ay Halloran The mayor thereupon declared =his Resolution duly passed and ~ adopted ~h£s -_.___ day of , 19.. . CITY OF SEBASTIAN, FLORIDA ATTEST: Ka=hryn (Seal) Ar=hut L. ~irtion, Mayor Approved as =o Form and ¢cnten=: Clif=on A. H¢clelland,"~.' Ci~y Attorney