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Home My WebLink About06262002 HOMF- OF PEUCAN ISi..&ND SEBASTIAN CITY COUNCIL AGENDA REVISED REGULAR MEETING WEDNESDAY, dUNE 26, 2002 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK - 1225 MAIN STREET, SEBASTIAN, PLORIDA Individuals will address the City Council with respect to agenda items immediately before deliberation of the item by the City Council - limit often minutes per speaker (R-99-21) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. INVOCATION - REVEREND ELLIE LEA, FIRST PRESBYTERIAN CHURCH 4. ROLL CALL 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the wdtten agenda may be added only upon a majodty vote of City Council members (R-99-21) 6. PROCLAMATIONS, ANNOUNCEMENTS AND/OR PRESENTATIONS 02.133 A. Pride in Sebastian Recognition Program 02.121 B. Fraternal Order of Police Plaques to Officers R. Branen, R. Snell & S. Marcinik 7. CITY MANAGER MATTERS 02.135 A. Presentation by Department of Engineering Regarding Water Table Levels 8. CONSENT AGENDA All items on the consent agenda are considered routine and witl be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Cour~cil so requests; in which event, the item will be removed and acted upon separately. A. Approval of Minutes - 6/12/2002 Regular Meeting 02.136 B. Approve Democratic Executive Committee of Indian River County Summer Picnic at 3-.4 Riverview Park on August 4, 2002 from 11:00 am until 3:00 pm with a Rain Date of August 1 lt~, 2002 (Parks Transmittal 6/18/02) 02.137 C. Authorize Purchase of GMC Sonoma Pickup Truck from Garber Buick Pontiac GMC in the 5-12 Amount of $13,841.00 for the Building Department Piggyback Florida Sherriff's Assoc. Bid 01-09- 0904 (Building Dept. Transmittal 6/19/02, Contract) 02.138 13-16 02.060 17-28 02.136 29-30 02.144 31-34 02.143 119-124 02.099 85-86 02.139 87-88 02.124 02.100 02.137 35-40 02.t32 Award Bid for Purchase of Kubota Front-end Loader from Triple D Equipment in the Amount of $20,755.00 for Golf Course and Authorize Contract Execution (Golf Course Transmittal 8/17/02, Bid Tabulation, Equipment Info) Authorize the City Manager to Execute an Engagement Letter with Hoyman, Dobson & Company, P.A. for Audit Services for the Fiscal Years Ending September 30, 2002, 2003 & 2004 with Two One Year Options (Finance Transmittal 6/19/02, Engagement Letter) Approve City Manager to Attend ICMA 88~h Annual Conference, Sept. 28-Oct. 2, 2002 in Philadelphia, PA (City Manager Transmittal 6/20/02) Approve Agreement for Provisional Certificate of Occupancy for Sebastian Retail Shoppes (GMD Transmittal 6/14/02, Agreement) Approve First Amendment to Airport Lease Between City of Sebastian and Keath E. Houston (Airport Transmittal 6/19/02, Amendment, Schedule B) Award Bid to Rainforest irrigation in the Amount of $49,732.44 for irrigation System on Schumann Drive and Appropriate Same Amount (Public Works Transmittal 6/18/02, Cost Estimate) Award Bid to R. E. Steele Painting in the Amount of $12,500.00 for the Exterior Painting of City Hall (Public Works Transmittal 6/19/02, Bid Tabulation) Consider Proposed Workshop Schedule to Discuss Solid Waste Collection Objectives in City of Sebastian on July 31,2002, 6:00 p.m. Consider Proposed Workshop Schedule to Discuss Historic Preservation Workshop on August 14, 2002, 6:00 p.m. 9. PUBLIC HEARING Procedures for public hearings: (R-99-21) Mayor opens Hearing Attorney Reads Ordinance or Resolution Staff Presentation Public input - L/mit of Ten Minutes Per Speaker Staff Summation Mayor Closes Hearing Council Action Anyone wishing to speak is asked to sign up before the meeting, when celled go to the podium and state his or her name for the record A. First Readin,q and Public Hearin,q of Ordinance No. O-02-12 - Moratorium Extension - 2~ Public Hearina Scheduled for 7/10/02 ('Cit,/Mana(~er Transmittal. O-02-12. Ad) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DECLARING A SIX-MONTH EXTENSION OF THE MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR WIRELESS TELECOMMUNICATION TOWERS AND ON THE ISSUANCE OF PERMITS AND APPROVALS FOR THE CONSTRUCTION OF WIRELESS TELECOMMUNICATION TOWERS; PROVIDING FOR EXCEPTIONS; SETTING FORTH EXPIRATION; PROVIDING FOR CONFLICT, SEVERABILITY AND EFFECTIVE DATE. (Display Ad 6/19/02) 10. OLD BUSINESS A. Recommendation by Community Redevelopment Agency 11, NEW BUSINESS 02.141 93-114 Resolution No. R-02-28 - Authorize City Manac~er to Execute Five Year Lease Aoreement with Siemens Finanqial Services. Inc. for Phone EciuiDment Under State Contract Nos. 974-026-02-01 and 730-650-99-1 ~R-02-28. Lease) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AUTHORIZING THE LEASE-FiNANCING OF CERTAIN TELEPHONE EQUIPMENT THROUGH EXECUTION OF A LEASE- PURCHASE AGREEMENTWITH SIEMENS FINANCIAL SERVICES, INC.; PROVIDING FOR THE PAYMENT OF THE LEASE PAYMENTS; MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 02.142 115-118 Waive Bid and Approve Purchase of Truck from Heintzelmans in Amount of $41,775.00 and Low Boy Trailer from Newco Equipment Company in the Amount of $27,000 Based on City of Apopka Piggyback (Public Works Transmittal 6/18/02, Cost Estimate) 02.140 89-92 Approve and Authorize City Manager to Execute Interlocal Agreement for Joint Use of Ball Fields Between the City of Sebastian and the Indian River County School District (City Manager Transmittal 6/20/02, Agreement) 02.134 D. Presentation by MEA Group, Inc. - Lisa Waters - Scope of Airport Noise Study 12. COMMITTEE REpORTS/RECOMMENDATIONS A. Parks & Recreation Advisory Committee 02.138 41 Request for Council Concurrence and Direction Regarding Public input Hearings (Memo) B. Tree & Landscape Advisory Board 02.043 43-64 13. Recommendation Regarding LDC Amendments (Memo, Proposed Language) CITY COUNCIL MATTERS A. Mayor Barnes B. Mr. Hill C. Mr. Barczyk D. Mr. Majcher E. Mr. Coniglio 14. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not othenvise on the agenda - sign-up required - limit of ten minutes for each speaker 15. CITY CLERK MATTERS 02.009 1-2 16. A. Supervisor of Elections County-wide "Mock" Election 7/13/02 (SOE E-Mail) CITY ATTORNEY MATTERS 17. ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE B Y THE CITY COUNCIL WITH RESPECT TO ANY MA TTER CONSIDERED A T 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 DISABILJTIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR A T 589-5330 A T LEAST 48 HOURS IN ADVANCE OP THiS MEETING. Hearing Assistance Headphones are Available in t~e Council Chambers for ail Government Meetings. HOME OF PEUCAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, JUNE 26, 2002 - 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 will address the City Council with respect to agenda items immediately before deliberation of the item by the City Council - limit of ten minutes per speaker (R-99-21) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. INVOCATION - Reverend Ellie Lea, First Presbyterian Church 4. ROLL CALL 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the wdtten agenda may be added only upon a majodty vote of City Council members (R-99-21) 6. PROCLAMATIONS~ ANNOUNCEMENTS AND/OR PRESENTATIONS A. 02.133 Pride in Sebastian Recognition Program 02.121 B. Fraternal Order of PoLice Plaques to Officers R. Branen, R. Snell & S. Marcinik C. 02.134 Presentation by MEA Group, Inc. - Lisa Waters - Scope of Airport Noise Study 7. CITY ATTORNEY MATTERS 8. CITY MANAGER MATTERS A. 02.135 Presentation by Department of Engineering Regarding Water Table Levels 9. CITY CLERK MATTERS 02.009 Supervisor of Elections County-wide "Mock" Election 7/13/02 (SOE E-Mail) 02.136 10. CITY COUNCIL MATTERS A. Mayor Barnes B. Mr. Hill Mr. Barczyk D. Mr. Majcher E. Mr. Coniglio 11. CONSENT AGENDA All items on the consent agenda are considered 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 ac~d upon separately. Approval of Minutes - 6/12/2002 Regular Meeting B. Approve Democratic Executive Committee of Indian River County Summer Picnic at Riverview Park on August 4, 2002 from 11:00 am until 3:00 pm with a Rain Date of August 11th, 2002 (Parks Transmittal 6/18/02) 02.137 C. 5-12 02.138 D. 13-16 02.060 E. 17-28 02.136 F. 29-30 02.144 G. 31-34 12. Authorize Purchase of GMC Sonoma Pickup Truck from Garber Buick Pontiac GMC in the Amount of $13,841.00 for the Building Department Piggyback Florida Sherriff's Assoc. Bid 01-09-0904 (Building Dept. Transmittal 6/19/02, Contract) Award Bid for Purchase of Kubota Front-end Loader from Triple D Equipment in the Amount of $20,755.00 for Golf Course and Authorize Contract Execution (Golf Course Transmittal 6/17/02, Bid Tabulation, Equipment Info) Authorize the City Manager to Execute an Engagement Letter with Hoyman, Dobson & Company, P.A. for Audit Services for the Fiscal Years Ending September 30, 2002, 2003 & 2004 with Two One Year Options (Finance Transmittal 6/19/02, Engagement Letter) Approve City Manager to Attend ICMA 88t~ Annual Conference, Sept. 28-Oct. 2, 2002 in Philadelphia, PA (City Manager Transmittal 6/20/02) Approve Agreement for Provisional Certificate of Occupancy for Sebastian Retail Shoppes (GMD Transmittal 6/14/02, Agreement) PUBLIC HEARING Procedures for public hearings: (R-99-21) Mayor opens Headng Attorney Reads Ordinance or Resolution Staff Presentation Public Input - Limit of Ten Minutes Per Speaker Staff Surnrnation Mayor Closes Hea~fng Council Action Anyone wishing to speak is asked to sign up before the meeting, when ca#ed go to the podium and state his or her name for the record 02.137A. 35-40 First Reading and Public Hearing of Ordinance No. O-02-12 - Moratorium Extension - 2nd Public Hearing Scheduled for 7/10/02/City Manager Transmittal, O-02-12, Ad) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DECLARING A SIX-MONTH EXTENSION OF THE MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR WIRELESS TELECOMMUNICATION TOWERS AND ON THE ISSUANCE OF PERMITS AND APPROVALS FOR THE CONSTRUCTION OF WIRELESS TELECOMMUNICATION TOWERS; PROVIDING FOR EXCEPTIONS; SETTING FORTH EXPIRATION; PROVIDING FOR CONFLICT, SEVERABILITY AND EFFECTIVE DATE. (Display Ad 6/19/02) 13. 14. 02,138 41 B. 02,043 43-84 15, 02.132A. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which ia not otherwise on the agenda - sign-up required - limit of ten minutes for each speaker COMMITTEE REPORTS/RECOMMENDATIONS Parks & Recreation Advisory Committee 1. Request for Council Concurrence and Direction Regarding Public Input Hearings (Memo) Tree & Landscaoe Advisory Board 1. Recommendation Regarding LDC Amendments (Memo, Proposed Language) OLD BUSINESS Recommendation by Community Redevelopment Agency 02,099 B. 85-86 02,139 C. 87-88 02.124 D. 02,100 E, Award Bid to Rainforest Irrigation in the Amount of $49,732,44 for Irrigation System on Schumann Drive and Appropriate Same Amount (Public Works Transmittal 8/18/02, Cost Estimate) Award Bid to R. E. Steele Painting in the Amount of $12,500.00 for the Exterior Painting of City Hall (Public Works Transmittal 6/19/02, Bid Tabulation) Consider Proposed Workshop Schedule to Discuss Sotid Waste Collection Objectives in City of Sebastian on July 31, 2002, 6:00 p.m. Consider Proposed Workshop Schedule to Discuss Historic Preservation Workshop on August 14, 2002, 6:00 p.m. 16. NEW BUSINESS 02.140A. 89-92 Approve and Authorize City Manager to Execute Interlocal Agreement for Joint Use of Ball Fields Between the City of Sebastian and the Indian River County School District (City Manager Transmittal 6/20/02, Agreement) 02.141 B. 93-114 Resolution No. R-02-28 - Authorize City Manager to Execute Five Year Lease Agreement with Siemens Financial Services, Inc. for Phone Equipment Under State Contract Nos. 974-026- 02-01 and 730-650-99-1 (R-02~28, Lease) A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AUTHORIZING THE LEASE-FINANCING OF CERTAIN TELEPHONE EQUIPMENT THROUGH EXECUTION OF A LEASE- PURCHASE AGREEMENT WITH SIEMENS FINANCIAL SERVICES, INC.; PROVIDING FOR THE PAYMENT OF THE LEASE PAYMENTS; MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. C. 02.142 Waive 115-118 Bid and Approve Purchase of Truck from Heintzelmans in Amount of $41,775.00 and Low Boy Trailer from Newco Equipment Company in the Amount of $27,000 Based on City of Apopka Piggyback (Public Works Transmittal 6/18/02, Cost Estimate) D. 02.143 Approve First Amendment to Airport Lease Between City of Sebastian and Keath E. 119-124 Houston (Airport Transmittal 6/19/02, Amendment, Schedule B) 17. ADJOURN (All meeting shall adjourn at 10:30 p.m. unless extended for up to one half hour by a majo#ty vote of City Council) 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 VERBA TIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD iNCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. HEARING ASSISTANCE HEADPHONES ARE A VAIl_ABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. Upcoming Meetings: City Hall Closed Thursday, July 4~, 2002 · Regular Meeting- Wednesday, July 10, 2002- 7 pm · Regular Meeting- Wednesday, July 24, 2002- 7 pm · Regular Meeting- Wednesday, August 14, 2002 - 7 pm · RegularMeeting- Wednesday, August 28, 2002 - 7pm · Regular Meeting - Wednesday, September 11, 2002 - 7 pm · Regular Meeting - Wednesday, September 25, 2002 - 7 pm HOME OF PELICAN iSLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, dUNE 26, 2002 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK .1225 MAIN STREET, SEBASTIAN, FLORIDA Individuals will address the City Council with respect to agenda items immediately before deliberation of the item by the City Council - limit of ten minutes per speaker (R-99-21) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. INVOCATION - Reverend Ellie Lea, First Presbyterian Church 4. ROLL CALL 5. ~.GENDA MODIFICATIONS (ADDITIONS AND/OR DELET.IONSi Items not on the written agenda may be added only upon a majodty vote of City Council members (R-99-21) 6. PROCLAMA~!ONS. ANNOUNCEMENTS AND/OR PRESENTATIONS 02.133 A. Pride in Sebastian Recognition Program 02.121 B. Fraternal Order of Police Plaques to Officers R. Branen, R. Snell & S. Marcinik 02.134 C, Presentation by MEA GrouP, Inc. - Lisa Waters - Scope of Airport Noise Study 7. CITY ATTORN~EY MATTERS 8. Cl'r~.. MANAGER MATTERS 02.135 A. Presentation by Department of Engineering Regarding Water Table Levels 9. CITY ,C~,~ .,K. MATTERS 02.009 A. Supervisor of Elections County-wide "Mock" Election 7/13/02 (SOE E-Mail) 1-2 02.136 3-4 02.137 5-12 02.138 13-16 02.060 17-28 02.136 29-30 02.144 31-34 10. CITY COUNCIL MATTERS A. Mayor Barnes B. Mr. Hill C. Mr. Barczyk D. Mr. Majcher E. Mr. Coniglio 11. CONSENT AGENDA Afl Items on the consent agenda em considered routine end will be enacted by one motion. There will be no separate di~ussion of consent agenda items unless a member of City Council so requests; In which event, the item w#l be removed and acted upon sepsrete/y. A. Approval of Minutes - 6/12/2002 Regular Meeting Approve Democratic Executive Committee of Indian River County Summer Picnic at Riverview Park on August 4, 2002 from 11:00 am until 3:00 pm with a Rain Date of August 11~, 2002 (Parks Transmittal 6/18/02) Authorize Purchase of GMC Sonoma Pickup Truck from Garber Buick Pontiac GMC in the Amount of $13,841.00 for the Building Department Piggyback Florida Sherriffs Assoc. Bid 01-09-0904 (Building Dept. Transmittal 6/19/02, Contract) Do Award Bid for Purchase of Kubota Front-end Loader from Triple D Equipment in the Amount of $20,755.00 for Golf Course and Authorize Contract Execution (Golf Course Transmittal 6/17/02, Bid Tabulation, Equipment Info) Authorize the City Manager to Execute an Engagement Letter with Hoyman, Dobson & Company, P.A. for Audit Services for the Fiscal Years Ending September 30, 2002, 2003 & 2004 with Two One Year Options (Finance Transmittal 6/19/02, Engagement Letter) Approve City Manager to Attend ICMA 88~h Annual Conference, Sept, 28-Oct. 2, 2002 in Philadelphia, PA (City Manager Transmittal 6/20/02) Approve Agreement for Provisional Certificate of Occupancy for Sebastian Retail Shoppes (GMD Transmittal 6/14/02, Agreement) 12, PUBLIC HEARING Procedures for public hearings: (R-~9~21) · Mayor opens Hearing · Affomey Reads Ordinance or Resolution · Staff Presentation · Public Input - Umit of Ten Minutes Per Speaker · Staff Summation · Mayor Closes Hearing · Council Action Anyone wishing to speak is asked to sign up before the mee#ng, when called go to the podium and state his or her name for the record 2 35-40 First Reading and Public Hearing of Ordinance No. O-02-12 Moratorium Extension - 2® Public Hearing Scheduled for 7/10/02 (City Manager Transmittal, O-02-12, Ad) AN ORDINANCE OFTHE CITY OF SEBASTIAN, FLORIDA, DECLARING A SIX-MONTH EXTENSION OF THE MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR WIRELESS TELECOMMUNICATION TOWERS AND ON THE ISSUANCE OF PERMITS AND APPROVALS FOR THE CONSTRUCTION OF WIRELESS TELECOMMUNICATION TOWERS; PROVIDING FOR EXCEPTIONS; SETTING FORTH EXPIRATION; PROVIDING FOR CONFLICT, SEVERABILITY AND EFFECTIVE DATE, (Display Ad 6/19/02) 02.138 41 02,043 43-84 132 13, 14. 15. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda - sign-up required- limit of ten minutes for each speaker COMMITTEE,, .R.,.I~PORTSlRECOMMEN DATIONS A. Parks .~....Recreation Advisory Committee 1. Request for Council Concurrence and Direction Regarding Public Input Hearings (Memo) B, Tree & LandsCaDeAdvisorv Board 1. Recommendation Regarding LDC Amendments (Memo, Proposed Language) OLD BUSINESS A, Recommendation by Community Redevelopment Agency 02,099 85-86 O2.139 87-88 02,124 02.100 Award Bid to Rainforest Irrigation in the Amount of $49,732.44 for Irrigation System on Schumann Drive and Appropriate Same Amount (Public Works Transmittal 6/18/02, Cost Estimate) Award Bid to R, E. Steele Painting in the Amount of $12,500.00 for the Exterior Painting of City Hall (Public Works Transmittal 6/19/02, Bid Tabulation) Consider ProPosed Workshop Schedule to Discuss Solid Waste Collection Objectives in City of Sebastian on July 31, 2002, 6:00 p.m. Consider Proposed Workshop Schedule to Discuss Historic Preservation Workshop on August 14, 2002, 6:00 p.m. 02.140 89-92 16. NEWBUSINESS A. Approve and Authorize City Manager to Execute Interlocal Agreement for Joint Use of Ball Fields Between the City of Sebastian and the Indian River County School District (City Manager Transmittal 6/20/02, Agreement) 02.141 93-114 02.142 115-118 02.143 119-124 Resolution No. R-02-28 - Authorize City Manager to Execute Five Year Lease Ag with Siemens Financial Services, Inc. for Phone Equipment Under State Contract Nos. 974- 026-02-01 and 730-650-99-1 (R-02-28, Lease) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AUTHORIZING THE LEASE-FINANCING OF CERTAIN TELEPHONE EQUIPMENT THROUGH EXECUTION OF A LEASE- PURCHASE AGREEMENT WITH SIEMENS FINANCIAL SERVICES, INC.; PROViDING FOR THE PAYMENT OF THE LEASE PAYMENTS; MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Waive Bid and Approve Purchase of Truck from Heintzelmans in Amount of $41,775.00 and Low Boy Trailer from Newco EqUipment Company in the Amount of $27,000 Based on City of Apopka Piggyback (Public Works Transmittal 6/18/02, Cost Estimate) Approve First Amendment to Airport Lease Between City of Sebastian and Keath E. Houston (Airport Transmittal 6/19/02, Amendment, Schedule B) 17. ADJOURN (All meeting shall adjourn at l O:30 p. m. unless extended for up to one haff hour by a majodty vote of City Council) 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 MA Y NEED TO ENSURE THAT A VERBA TIM 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 A T 589-5330 A T LEAST 48 HOURS IN ADVANCE OF MEETING. HEARING ASSISTANCE HEADPHONES ARE AVAiLABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. Upcoming Meetings: Ciby Hall Closed Thursday, July 4e, 2002 Regular Meeting- Wednesday, July 10, 2002- 7 pm Regular Meeting - Wednesday, July 24, 2002.7 pm Regular Meeting- Wednesday, August 14, 2002- 7 pm Regular Meeting - Wednesday, August 28, 2002 - 7 pm Regular Meeting - Wednesday, September 11, 2002.7 pm Regular Meeting - Wednesday, September 25, 2002 - 7 pm Regular Meeting - Wednesday, Regular Meeting - Wednesday, Regular Meeting. Wednesday, Regular Meeting - Wednesday, October 9, 2002.7 pm October 23, 2002.7 pm November 13, 2002 - 7 pm November 27, 2002 - 7 pm (subject to change - holiday) Regular Meeting- Wednesday, December 11, 2002- 7 pm Regular Meeting - Wednesday, December 25, 2002.7 pm (subject to change - holiday) 4 Sally Mai0 From: Sent: Subject: Kay Clem [imelections @yahoo.com] Wednesday, June 19, 2002 2:46 PM Sally Maio; Barbara Readdy; Tammy Vock; Maryann Harty; Debbie Krages "Mock" election to get acquainted with new touch-screen voting machines We would appreciate if you could help us get the word out at your next city council meeting that the Elections Office will be out with the touch-screen voting machines on Saturday, July 13th from 10 a.m. to 2 p.m. to help people learn how to vote on the new machines. We will be at the following locations: 1. All six Indian River County Publix Supermarkets 2. Indian River Mall 3. Veto Beach Book Center 4. Gifford Youth Activity Center 5. City Council Chambers (Sebastian) 6. City Council Chambers (Fellsmere) 7. Indian River Town Shores Co,unity Center 8. IRC Main Public Library 9. IRC North County Library 10.) IRC Elections Office We will have trained poll workers and Elections Office staff at each location to help people (adults and children) learn how to use the new machines before the fall elections. You will also be able to register to vote or update your voting records (change of name, address or party). This is one of our county-wide voter education efforts and we would really appreciate your help in 9erring the word out. We don't want it e o be thought of as a "mock' election, rather a voter ed. effort, as I ntioned above. Please let me know if you have any questions. --Vicky Gould, Voter Outreach Coordinator Do You Yahoo!? Yahoo! - Official partner of 2002 FIFA World Cup http://fifaworldcup.yahoo.com 02. OOq HOME, OF PE.UCAN iSLAND SEBASTIAN GITY GOUNGIL. MINUTES REGULAR MEETING WEDNESDAY, JUNE 12, 2002 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAiN STREET, SEBASTIAN, FLORIDA DRAFT 2. 3. 4. The Mayor called the Regular City Council Meeting to order at 7:00 p.m, The Pledge of Allegiance was recited. Father Morrissey of St. Sebastian Catholic Church gave the invocation. ROLL CALL City Council Present: Mayor Walter Barnes Vice-Mayor James Hill Mr. Joe Barczyk Mr. Edward J. Majcher, Jr. Mr. Ray Coniglio Staff Present;; city Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Finance Director, Mark Mason Growth Management Director, Tracy Hass Police Captain, Dave Pu$cher Public Works Director, Terry Hill Parks Supervisor, Chris McCarthy Records Management Specialist, Jennifer Maxwell DRAFT Regular City Council Meeting June 12, 2002 Page Two AGENDAMODIFICATIONS (ADDiTiONS AND/OR DELETiONS~ Items not on the written agenda may be added on/y upon a majority vote of City Council members (R-9~-21) Mayor Barnes requested addition of a new item C Proclamations, and move New Business A to after the last Presentation, There was no objection from Council. 6. ~,ROCLAMATIONS. ANNOUNCEMENTS AND/OR PRESENTATIONS 02.122 A. !.p.(;I.i. an River County Firefic~hters Proclamation Mayor Barnes read and presented the proclamation to Acting Chief Marty McCIoud. 02.123 B, National Small Cities Proclamation Mayor Barnes read the proclamation which will be forwarded to the Florida League of Cities and posted in City Hall. new C, GASB,,,,~.p, rtificate Presented to Finance Department Mayor Barnes read a letter and presented a certificate from the Govemmen'tal Accounting Standards Board to the Finance Director. (see attached letter) 02,132 D. Presentation bv Brandy Marina, Inc. - Sebastian Marina Feasibility Study Bruce Blomgren, Brandy Marina, Inc. gave a power point presentation on the Sebastian Marina Feasibility Study as previously distributed to City Council, and which recommended that this facility will provide dockage for small boats only, and that other facilities should be sought for larger vessels if required. City Council discussion followed on the use of floating docks, other possible locations for a full service madna, the use of floating docks for wave attenuation, and possible concerns regarding shading from floating docks. Mayor Barnes suggested that a workshop be held, the City Manager suggested 6 pm on June 26, 2002. Council concurred. 7. CITy ATTORNI~Y MATTERS · Reported on DCA's objection to the Kirrie comprehensive land use plan amendment. · Stated the building at 1614 US 1 is for sale, survey reveals the building encroaches into city right-of-way by 2" and recommended an agreement between the City and Chump, Inc. and asked for authorization of execution of an agreement. MOTION by Barnes/Coniglio - So moved. Voice vote carried 5-0. 2 lular City Council Meeting June 12, 2002 Page Three DRAFT The following New Business item was moved to this area of the agenda under Modifications, 02,129 ~:~prove Randall Tedde[~(~..QrlStru~ion, Inc. to Install a......New Pre-Stressed Concrete Tedder Boat Ramp S~/st_em at Schumann Lake inthe Amount of $28~000 (En.clineerin~ Transrrtjtt.{.~l 6/5~02. Letter. Drawin_a) The City Manager briefly described the project and recommended approval. Mr. Barczyk said he had heard concerns from residents who live on. both sides of the ramp which stated the need is not there for the ramp. Mr. Tedder said there are no boat slips there currently and the existing shoreline is very dangerous. He noted there are no motor boats allowed. Burt Jones, project consultant, said he had received phone calls from people requesting a larger boat ramp than what was originally planned for. The Public Works Director said he had been receiving phone calls for two years and that he had placed a sign there to prohibit a certain vehicle from parking in front of a launch site. Mr. Majcher expressed concern for the cost and the need for pn-stressed concrete. The Public Works Director said this is just the first phase of three phases which will provide recreation facilities, Mr, Tedder responded to Mr. Majcher's concerns with information about the design. TAPE I. SiDE II (8:02 p.rn,) Mr. Hill said he Saw this as a safety improvement to this area, MOTION by Coniglio/Hill "1 would move to approve Randall G. Tedder Construction, inc. to install a new pre-stressed concrete Tedder Boat Ramp SYstem at the Schumann Drive City Park for the amount of $28,000 Godspeed." ROLL CALL: Mayor Barnes - aye Mr. Hill - aye Mr, Barczyk - aye Mr, Coniglio - aye Mr. Majcher - aye MOTION CARRIED 5-0 3 Regular City Council Meeting June 12, 2002 Page Four 8. CITY MANAGER MATTERS 02.045 A. Public Works, Emergency Exl:~enditu,_re. The Public Works Director described the emergency purchase due to a pipe failure which created a sinkhole at Seahouse and Whitmore. He stated the pipe lining is needed to repair the situation. MOTION by Hill/Majcher "Move approval of $6,600 for the slip lining installation." ROLL CALL: Mr. Hill - aye Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - aye MOTION CARRIED 5-0 02.124 B. , Schedule Workshop to Address Solid Waste Collection Services The City Manager explained that the City is in the final year with Capital Sanitation's contract and would like to have a workshop before beginning a formal bidding process. He was directed to come back with some possible dates. 02.100 C. Schedule Workshop on Historic Preservation The City Manager stated that a workshop could be held this summer. He was directed to come back with possible dates. Other Matters The City Manager said he would like to give Planning and Zoning Commission member, Charles Barrett an opportunity to address City Council relative to a memo regarding the communications tower moratorium (seeP & Z memo attached). Mr. Barrett requested a three month extension on the moratorium which is scheduled to 'expire on July 23, 2002. The City Attorney suggested six months, noting that the extension would be a six week process. He said he could bring it back to Council for public hearing on the June 26, 2002 and July 10, 2002. It was the consensus of Council to grant this extension. CITY CL, I~,~K MATTERS NOne. 4 Regular City Council Meeting June 12, 2002 Page Five DRAFT 02.125 10. 11. CITY COUNCIL MATTERS A. Mr. (;oni~llio · Stated the County approved the bids to extend the water line from 512 to Wal-Mart which will be good for future growth. · Inquired about the status of beautification of 512, to which the City Manager stated he had not had much response from the County and that he had suggested a partnership whereby the City could do some improvements, described grant funding the City had requested but would not be available until 2004/2005. Mr. Hill said the funds can be expended now by the City and reimbursed with grant funding. Discussion followed on the amount of funding. · Reported on a boat capsized in the mooring area. B. Mayor Barnes · Reported on the Florida League of Cities request for a voting delegate at the annual conference, offered to do it and received consensus of Council. · Asked how Council members will ride in the 4th of July parade and the City Manager said this item involving a 1967 convertible Lincoln Continental will be discussed at tomorrow's staff meeting. None None None CONSENT AGENDA All items on the consent agenda ere ~onsiderad routine end will be eneoted by one motion. There will be no separate discussion of consent egenda items unless e member of City Council so requests; in which event, the item will be removed end acted upon separately. A. Approval of Minutes - 5/17/2002 Workshop B. Approval of Minutes - 5/22/2002 Regular Meeting Authorize Purchase of Skid Steer Mulcher from Newco Equipment Company in the Amount of $15,095 (Public Works Transmittal 5/28/02, Brochure, Estimate, Letter) Regular City Council Meeting June 12, 2002 Page Six 02.126 D. 02.127 E. 02.128 F. DRAFT Approve Closing the Boat Ramp at Yacht Club from July 3"~, Noon until July 4"', Midnight, 2002 (Parks Transmittal 6/5/02) Authorize the Expenditure of $9,350.64 to Nortrax to Repair the Track Hoe (Public Works Transmittal 6/4/02, Cost Estimate) Resolution No. R-02-26 Vacation of Easement - McCullough - Lots 3 & 4, Block 231, Sebastian Highlands Unit 6 (GMD Transmittal 6/6/02, R-02-26, Site Map, Staff Report, Application, Utility Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CEI~rAIN EASEMENTS OVER LOT8 3 AND 4, BLOCK 231, SEBASTIAN HIGHLANDS UNIT 6; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE, The City Attorney read Resolution No. R-02-26 by title. Mr. Barczyk pulled item D, MOTION by Coniglio/Majcher ROLL CALL: Mr. Barczyk Mr. Coniglio Mr. Majcher Mayor Barnes Mr. Hill - aye - aye -aye - aye - aye MOTION CARRIED 5-0 Item D Mr. Barczyk suggested closing the boat ramp at midnight July 2"~ instead of noon on July 3, 2OO2. Sal Neg lia said it was a hardship to close the ramp so early. The City Manager stated notices will be given to nearby businesses and posted at the yacht club. MOTION by Barczyk/Coniglio "1 make a motion we approve item D,' ROLL CALL: Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - aye Mr, Hill - aye Mr. Barczyk - aye MOTION CARRIED 5-0 6 Regular City Coun~l Meeting June 12,2002 Page Seven DRAFT 02,080 12. PUBLIC ~F~RING Pub.l.i.c Hearin= for Consideration..~f Ordin, ance No....0-02-11, ' Moratorium - (C_itv Manager Transmitt~l 616102, 0~02-11 ,, ed, w0r_~shoD minutes) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DECLARING A SIX-MONTH MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS AND ISSUANCE OF PERMITS FOR DEVELOPMENT OF PROPERTY LOCATED BETWEEN THE SEPARATED SEBASTIAN BOULEVARD RIGHT-OF-WAY; PROVIDING FOR EXCEPTIONS; SE3-1'ING FORTH EXPIRATION; PROVIDING FOR CONFLICT, SEVERABILITY AND EFFECTIVE DATE. The City Attorney read Ordinance No. O-02-11 by title and the Mayor opened the public hearing at 8:25 p.m, The ,Growth Management Director briefly described the purpose of the proposed moratorium and the City's intent to pursue a CRA. Jim Weber, read from a prepared statement objecting to the moratorium due to possible rezoning of his industrial property on High Street. Jim Houdyshell, said he owned property on the north side of 512, eastbound on the corner of High Street where them is warehousing, and asked why Council would consider Changing the zoning from industrial. MOTION by Hill/Majcher "1 move to pass Ordinance No, O-02-11. VVith amendments presented." ROLL CALL: Mr. Majcher - aye Mayor Bames - aye Mr. Hill - aye Mr. Barczyk - aye Mr. Coniglio - aye MOTION CARRIED 5-0 Mayor Barnes called recess from 8:45 pm to 8:55 pm. All members were present. 13. INTRODUCTION.OF NEW, BUSINESS FROM THE PUBLIC Item that has occUrred or was discovered within the previous six months which is not otherwise on the agenda - sign-up required - limit of ten minutes for each speaker None. Regular City Council Meeting June 12, 2002 Page Eight 13. DRAFT INTRODUCTiO.,N OF NEW BUSINESS .FROM THE PUBI~I~ Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda, sign.up required - limit of ten minutes for each speaker None. 14, COMMITTEE REPO,RTSIREC, OMMENDATION.~ 02.028 Code Enforcem..ent Board I. Interview. Unle_~s Waived. and....Appoint One Reoular Member Contractpr. Posltion CCit¥ Clerk Transmitta 6/3/02, Application. Advert sement. B~,ard Mem. be~r~ MOTION by Barczyk/Hill "1 move to reappoint Mr. Van Buskirk to the new, term to expire 6/1/2005, regular member position." ROLL CALL: Mayor Barnes - aye Mr. Hill - aye Mr, Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye MOTION CARRIED 5-0 02.014 P annin~3 & Zonina Com.~nissi~3n I. .Interview, Unless WaNed, and ADDoint One Reaul.a.r Member Position - FilJ Alternate Position If Necessary (City C ark Transmittal 6/3/02, ADolicatiorl., Advertise.r0ent, B.pard Members) City Council interviewed the applicants present. MOTION by Hill/Majcher "I'd like to nominate Shed Reichert to fill the unexpired term to expire 6/1/2004.' ROLL CALL: Mr. Hill - aye Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher ~ aye Mayor Barnes - aye MOTION CARRIED 5-0 Regular City Council Meeting June 12, 2002 Page Nine DR, AFT MOTION by Coniglio/Hill "1 move that we appoint Norman F. Blessing to the unexpired term of Shed Reichert on the Planning and Zoning which will expire 11/2004." 02,053 02,090 ROLL CALL: Mr, Barczyk - nay Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - aye Mr. Hill ~ aye MOTION CARRIED 4-1 (Barczyk - nay) 15. OLD BUSINESS Authorize Staff to Enter into a Contract with WCG, Inc., Eneineers for Louisiana Avenue Road Improvements in the Amount of $113.598.50 ~GSA Transmittal 5/22/02, Agreement) The City Manager stated this is a result of the previous rankings approved by Council. A representative of WCG, Inc. was present to respond to questions from Council. MOTION by Coniglio/Barczyk "1 move that we authorize staff to execute a Professional Services Agreement with WCG, Inc. in the not to exceed amount of, $113,598.50, for engineering services related to Louisiana Avenue improvements." ROLL CALL: Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - aye Mr. Hill - aye Mr. Barczyk ~ aye MOTION CARRIED 5-0 B. Policy Regarding Recreation S,e, rvi~e,,,,~rpvi{si0n (5/29 Memo, 6/4~ Memo) Mayor Barnes stated he had invited Indian River County Commissioner, Fran Adams to address City Council on the issue of recreation. Commissioner Adams thanked the City Manager for participating in the process and explained this was the last year the City of Vero Beach would be contracted to provide services and the new process would have paid for services out of the general fund and all cities would have participated, however all municipalities did not take action to approve participation. Regular City Council Meeting June 12, 2002 Page Ten DRAFT Commissioner Adams further explained the MSTU option which municipalities must pass before January l't to be on the following October tax rolls however, she explained there is not enough time to form decision for the next fiscal year. Discussion followed regarding resident and unincorporated resident fees and services to be provided. Mary Ingui, 626 Layport Dr., commented that most of the services seem to be in the Vero Beach area, David West, Filbert Street, noted, as the situation stands, nothing will be done from this October to the next October. The City Manager recommended that Council look at this issue during the :budget proceedings and maybe shop for a few options at the same time. 16, NEW B.U,,$1NESS 02,130 Aoorove Fiscal Year 2002-2003.B_u.c~let Calendar ('Finance Transmittal 5/20/02, Calendar) MOTION by Hill/Barczyk "1 move to approve the fiscal year 2002-2003 budget Calendar.' ROLL CALL: Mr. Majcher -aye MayOr Barnes - aye Mr. Hill - aye Mr. BarcZyk - aye Mr. Contglio - aye MOTION CARRIED 4-0 02.060 Auth0r, ize staff to Neaotiate a Three Year Contract....with Auditina Firm:of Choice (.Finance Tra,ll.smittal 6/6/02. Summary) The Finance Director briefly described the audit services selection process, stated three RFPs were received, reviewed and ranked, He Stated the Council is the Audit Committee, and selection is its authority. He stated that representatives of the two top ranked audit firms were present to answer questions from Council. MOTION by Hill/Majcher "1 would move to choose Hoyman, Dobson & Co. PA to continue services." ROLL CALL: Mayor Barnes - aye Mr. Hill - aye Mr. Barczyk - nay Mr. Coniglio - aye Mr, Majcher - aye MOTION CARRIED 4-1 (Barczyk - nay) 10 City of Sebastian, Florida Subject: Park Event Approval for Riverview Park Agenda No. 02,/36 ........... Department O~ Parks ~~ Dept. Head: Finance: General Se~ices: For Agenda of: June 26, 2002 Exhibits: ~one EXPENDITURE -REQUIRED: N/A BUDGET AVAILABLE: N/A APPROPRIATION REQUIRED: N/A SUMMARY The Democratic Executive Committee of Indian River County would like your approval for a summer picnic at Riverview Park. This Park Event will be on Saturday, August 4, 2002 from 11 AM until 3 PM. They expect 200 to 220 people to attend this event. Activities include food booths, face painting and sale of t-shirts, caps plus patriotic and democratic items. Ann Reuter is the chairperson for this event and City Staff has been working with her regarding this request. The D.E.C. would also like your approval for a rain date of August 11, 2002 RECOMMENDED ACTION Move to approve Democratic Executive Committee of Indian River County summer picnic at Riverview Park on August 4, 2002 from 11 AM until 3 PM with a rain date of August 1 l, 2002. City of Sebastian, Florida Subject: Purchase ora New Truck Agenda No. 0 2.13 '] Department Origin: B.uildin~Department/.~ %prov,.~"Sub~ byj~ ..... Date Submitted: 6/19/02 ~ ~7~/., For Agenda of: 6/26/02 EXPENDITURE REQUIRED: $13,841100 AMOUNT BUDGETED: APPROPRIATION REQUIKED: $13,841.00 SUMMARY An opportunity has presented itself to purchase a 2002 GMC Sonoma Pickup Truck in the current year for the additional building 'inspector hired earlier this year. This vehicle was originally budgeted in the Fiscal Year 2002/2003 budget, however, due to savings generated in the 2nd quarter budget amendment, it is staff's recommendation to purchase the vehicle now before the prices go up in the new fiscal year. RECOMMENDED ACTION -. Move to approve purchase of GMC Sonoma Pickup Truck in the mount of $13,841.00 fi.om Garber Buick Pontiac GMC, Green Cove Springs, Florida under bid #01-09-0904 and appropriate same. , LORIDA SHERIFFS ASSOC , :..... ; P.O. B~x'lg-519 · Tallmhassee, .FL~9.317~2519. ..,.. ,. PHOKE [850)' 877<2165 · FAX [850) 878-8565 SITE: .,'. DATE: October 10. 2001 ~ AiL PROSPRC~I'IVE :PA, R.~[CIPAN'I~ ', :i" : Deputy Executive' Dlre'~or/Vehlcle Bid Coardinamr ~:::' s~.~ o~Fxcrz ~ .hOCit COV~~ AGue , ;.. OI~,I'HE ~I'ATE. ,.OF FLORIDA COOPI~ATiVi~ BID FOR -'. FIRE &, RESCUE:VEI-II~, TRUCKS & P1/~i be advised that the correct, ~hi-~e hid co. watt number Is 01.09-0904. it was mis- p~,' ~ed as 01-09;0/t05 o~ lhlslyem-'~ bid awa~cl document. Please make note of this correctlcm add pl~,e' be .ad~-Wed t-ha~'iOENERAL 'MOTOI~' has .a FAN CODE requirement as outlined in the · ,:,[,,,. ,that ~ FAN,C ,for,the Flol-lda Sheriffs Assoclalion Is "917872". and should bd used '111 order, to obtain.. ,'~e..O,.c~.e~..; Mot?s eoncesstorls. Also. you must use your :PAN CODE a~, "fm~erested, p/,art~es, who w~sh to purchase ~rom 'this contract 'm~.y,: do.so.by ~o~.the stmple procedures, as outlined on page '[ .: 'f Sheriffs ASsociation Contract Quote To: CITY OF SEBASTIAN Phone #: 772-569-0743 Fax #: 772-589-6850 Re.' COMPACT PICKUP Garber Buick POntiac GMC P.O. Box 945 Green Cove Spgs, FL 32043-0945 Ph: 904-264.4502 Fax: 904.284.0054 From: HOWARD WILLIAMS Peges: 1 Date: 6/5/02 Bid #: 01-09-090{il Item: ~'r>.~,~. 16" District; CENTRAl. Model #: TS10~53 .,, O~er Code , Description . Price :Base prica~ of vehicle ............ ..$.:. 12,045.00 10653 EXTENDED CAB $ 1,739,00' !VS :VENT SHADES $ 59.00 / ' i ...... Total ve' c e !;Sl 13,841.00.j FLORIDA SHERIFFS ASSOCIATION & FLORIDA ASSOCIATION OF COUNT ,S SPECIFICATION #16 - COMPACT PICKUP TRUC~ 2 WHEEL DRIVE - 4 WHERI. DRIVE OPTIONAL Base Specifications CHRYSLER, FORD, GENERAL MOTORS OR APPROVED EQUIVALENT ALL ITEMS FACTORY INSTAI.L~.n UNLESS OTIi]~WISE INDICATED 1. ENGINE Gasoline engine, 6-cylinder, mt~tm~rn 3.0L and 145 net liP. The following englnes, or approved equivalents are acceptable: Ford: 3.0L 150 net HP {EFT} GM: 4.3L 175 net HP {EFT) Dodge: 3.9L 175 net lip (MYI) b. Manufactur~'s standard alternator and batte~. c. Manufacturer's standard cooling system. 2. ~ a. Automatic ~ve transmission, 4-speed, mtntrntllll. 3. ~ Manufacturer's standa~ d.xive axle and ratio for speclllecl englne aacl transmlssio~ com- bir~Uon. b. Four wheel ctclve with automatic locklaag hubs - includes all r~qulred opUoru~. C. limited 8lip dl~el'RIl~ o1'1 4-wheel dl'lv~. 4. PERFORMANCE ~ a. Factory tr~tallexl ammeter or voltmeter, fuel, oll pressure a~d coolant' temperature gauges, ff available. b. Power steering. c. Power brakes ~lth 4-wheel ABS. 5. COMI~RT ITEMS ~ Manufacturer's standard 134A air conditio~kng. Bid Award Announcement (01-09-0904) 370 Base Specil~catlons ~16 - Compact Pickup Truck b. Tinted glass all around (NOTE: factory tint) c. Manufacturer's standard seal doth or vinyl. Purchaser to specify color at time of order. d. Manufacturer's standard AM/FM radio. a. Dual outside minors, inside rem-view mirror. b. Interior dome light(s), with left and right door activated switches. c. Minimum 2-speed electric wipers; windshield washers. d. Air Bag: Driver and right front p~ssenger. e. Dayttme running lights (ff available). 7. TIRES AND WHE~LS a. Tire size mt~tm,,r~ P205/75R14 or larger, radial BSW or raised white letter sidewall b. Spare tire, wheel and rack to frame mounted. c. Jack and lug wrench. 8. CHASSIS. FRAME. CAB a. Minimum 1200 lb. payload rating (combined weight of options, passengers and cargo). b. Wheelbase: 107.5" minimum. c. Fleetside or approved equivalent body, minimtun 71" inside box length. d. Front bumper. e. Heavy-duty step-type rear bumper, factory or dealer installed. Bumper shall have a mini- mum 2000 lb. horizontal capacity and 200 lb. vertical tongue weight capacit~. f. Mantffactm~er's' standard paints and color, factory painted. To include standard' fred op- tional clear coat and metallic paints and color offered by the mantdacturer. g. Key~: two {2) per ~ehicle, single key lockin~ system, {each vehicle keyed differently). Third key optional. h. Manufacturer's standard fuel rank. In addition to equipment specified, vehicle shall be equipped with all standard equipment as specified by the manufacturer for this model and shall comply with all EPA Emission Stim- dards and all Motor Vehicle Safety Standards as established by the U.S. Department of Trsx~- portation regarding the manufactttre of motor vehicles. The successful bidder shall be responsible for delivering vehicles thst are properly serviced, clean and in first class operating condition. Pre-delivery sezvice, at a mlnlmum, shall include the fonowing: a. Complete lubrication. b. Check all fluid levels to assure proper fill. c. Adjustment of ~e ~o proper operating condition. d. inflate tires to proper pressure, e. Check ~o a~sure proper operation of all accessories, gauges, lights, and mechanical features. f. Focusing of headlights. g. Cleaning of vehicles, ff necessary, and removal of all unnecessary tags, stickers, papers, etc. DO NOT remove window price sticker or supplied line sheet. Bid Award Announcement (01-09.0904) 371 FLORIDA SHERIFFS ASSOCIATION FLORIDA ASSOCIATION OF COUNTIES 2002 GMC SONOMA Specification # 16 (Compact Pickup Truck, 4 x 2) The GMC Sonoma truck purchased through this contract comes with all the standard equipment as specified by the manufacturar for this model and FSA's base vehicle spec/flcaUon(s) requirements which are included and made a part of this contract's vehl~ base price as awarded by manufac- turer by specLflcaUon by zone. ZO1V~: Western Northern Central Southern BASE PRiCE: $ ! 2,060.00 $12,040.00 $12,043.00 $12,080.00 While the Florida She~ffs Association and the Florida Association of Counties have at~npted to identify and include those equipment items most often requested by participating a~encies for compact pickup trucks, we realize equipment needs and preferences are going to vary from agerrcy to agency. In an effort t6incorporat¢ flexibility into our program, we have created specific add/ delete options which allow the purchaser to tailor the vehicle to their particular wants or needs. The following equipment delete and add options and the/r related cost are provided here to assist you in approximating the total cost of the tTpe vehicle(s) you wish to order through this program. Simply deduct the cost of any of the following equipment items you wish deleted from the base unit cOSt and/or add the cost of ar/y equipment items you wish added to the base unit cost to determine the approximate cost of the type vehicle(s) you wlah to order. NOTE: An official listing of all add/delete options and their prices should be obt~,~ed from the appropriate dealer in your zone when preparing your order. Additional add/delete options other than those listed here may be av~fl~hle through the dealers, however, those listed here must be honored by the dealers m your zone at the stated prices. Oarber Engine Horse Power 190 Buick: Torque l~ating 250 OVW~ 4600 EPA Miles Per Gallon Rating 17/22 Bid Award Announcement (01.09.0904) 378 VEHICLE: GMC Sonoma QMC Sonoma GMC Sonorrm GMC Sonoma DF~LER: Garber Buick Oarber Buick Oarber Buick Gather Buick ZOWE: Western Northern Central Southern BASE PRICE: $12,060.00 $12,040.00 912,043.00 $12,080.00 Order Code Delete Options L43 Engine: 6 cyl. for 4 cyl. Manual overdrive transmission (incl. bucket seats] R6G Air conditioning UL5 AM/FM radio Dayt/me running lights Full size spare tire & rim ABS brakes Western Northern' Central $ 1,097.00 $ 1,097.00 $ 1,097.00 $ 430.00 $ 430.00 $ 430.00 Southern $ 1,097.00 $ 430.00 $ 430.00 $ 430.00 $ 430.00 $ 430.00 $ 142.00 $ 142.00 $ 142.00 $ ]42.00 Std. Std. Std. Std. $ 70.00 $ 70.,00 $ 70.00 $ 70.00 Std. Std. Std. Std. Order Code Add Options Engine: 4.0L V6 ZQ6/1 SD Power windows & power door locks includes SLS pkg. with remote keyless on regular cab ZQ6/1 SD Power w/ndows & power door locks includes SLS pkg. with remote keyless on extended cab ZQ3 Speed control/tilt 9J6 Tllt steering wheel Heavy duty towing package up to 3500 lb 10653 Long cab model, with m~mum 122.5' and ~um 131.0" wheelbase. Minimum 4600 lb GVWl~ factory certified mm/mum 1260 lb. payload 10653 Extended cab model (3 door) E62 Step side cargo box [flare side) (with lSD pkg. only) UM6 AM/FM cassette radio UNO AM/FM radio with single CD [with lSD pkg.) Western Northern Central Southern Std. Std. Std. Std. $ 1,794.00 $ 1,794.00 $ 1,794.00 $ 1,794.00 $ 2,378.00 $ 2,378.00 $ 2,378.00 $ 2,378.00 390.00 $ 390.00 $ 390.00 147.o0 $ 147.oo $ 147. oo 290.00 $ 290.00 $ 290.00 $ 390.00 $ 147.00 $ 290.00 $ 1,739.00 $ 1,739.00 $ 1,739.00 $ 1,739.00 $ 1,739.00 $ 1,739.00 $ 475.00 $ 475.00 $ 1,739.00 $ 1,739.00 $ 475.00 $ 475.00 $ 247.00 $ 247.00 Std. Std. $ 247.00 $ 247.00 Std. Std. Bid Award Armouncement (01-09-0904) 379 VEIilCLE: DF_ALFa: ZONE: BASE PRICE: GMC Sonoma OMC Sonoma GMC Sonoma GMC Sonoma Garber Buick Garber Buick Garber Buick Garber Buick Western Northern Central Southern 812,080.00 812,040.00 812,043.00 $12,080.00 Order Code UP0 3K RS BUA G80 1SD DSM Major ad Options (¢ont'd) AM/FM cassette/CD radio (~th ~SD pkg.) Third key Rainshields Aluminum tool box BedlLuer Spray-an bedliner (Rhino or approved equivalent) Floor mats Slicttng rear window Backup alarm Limited slip differential · on 2-wheel drive Manufacturer's model upgrade pkg. (please specify pkg. bid) Complete set of shop manuals 5/75 Manufactures Extended Base Care Warranty ($0 deductible) See Pa&,e 804 5/75 Manufacturer's Extended Extra Care Warranty ($0 deductible) 5/75 Manufacturer's Extended Power Train Warranty ($0 deductible) Western Northern Central Southern 100.00 28.00 59.00 375.00 200.00 575.0O, 35.00 175.00 89.00 270.00 $ 100.00 $ 100.00 $ 100.00 28.00 $ 28.00 $ 28.00 59.00 $ 59.00 $ 59.00 375.00 $ 375.00 $ 275.00 200.00 $ 200.00 $ 200.00 575.00 $ 575.00 $ 575.00 35.00 $ 35.00 $ 35.00 175.00 $ 175.00 $ 175.00 89.00 $ 89.OO $ 89.00 270.00 $ 270.00 $ 270.00 $ 1,182.00 $ 1,182.00 $ 1,182.00 $ 1,182,00 145.00 785.OO $ 145.00 $ 145.00 $ 145.00 $ 785.00 $ 785.00 $ 785.00 $ 920.00 $ 920.00 $ 585.00 $ 585.00 $ 920.00 $ 920.00 $ 585.00, $ 585.00 Bid Award Announcement (01-09-0904) 380 Cit Of S bastian, Florida Subject: Purchase Approval Of Kubota Front-end Loader For Golf Course. Genmml Service Administxator~A~-~_~ Finauce:~--~--a~ to ~uas~ Exhibits: Bid Tabulation Form information Data ofKubota L3010GST Date Submitted: June 17, 2002 For Agenda of.' June 26, 2002 EXPENDITUKE REQUIRED: $20,755.00 AMOUNT BUDGETED: $28,513.66 APPROPRIATION REQUmED: $0 Presext'dy, Sebastian Golf Course utilizes a 1991 Kubota, which bas over 8000 hours on the engine. This Kubota has served the golf course e0axemely well and has performed reliably aud efficiently. However, with over 8000 hours on the engine, the Kubota has lost compression and the frame as well as the buckets, have begun to mst. it is with great confidence, that Golf Course Staffrecomu~nd the golf course purchase another Kubota. In obtaining the b~st price for a Kubota, City Staff requested sealed bids from approved vendors. (Please see attached bid tabulation sheet). The model selected has four-wheel drive, which provides au excellent saf~y feature. The Kubota will be used for irrigation repair, trausplanting and planting trees, transporting large loads off:ill dirt and sand aud other projects that would require heavy machinery Use. RECOMMENDED ACTION Move to award purchase of Kubota Front-end Loader L3010GST to the low bidder, Triple D Equipn~at, in tbe amount of $20,755.00 aud authorize staffto execute an agreement for Same. 282O F~ ~.~ ~~ FL 32720 ~]'ton~(386) 73~1..2119 Fa~.,'($86) 738-20:1.2 C~(386) 8~"3508 ~o~/2o/2oo2 ....... ~~ s~~ ...... City of Sebastia,n,, Florida Xg=d O2.06 0 Department Origin: Fina~c~---~ Date Submitted: June 19, 2002 Subject: Authorize the City Manager to execute au Engagement Letter .with Hoymau, Dobson & Company, P.A. for Audit Services for the Fiscal Years Ended September 30, 2002, 2003, and 2004, with two one year Exhibits: ,?,, .... Engagement Letter EXPEND~ REQUIRED: N/A ,F. ert Agenda of.' June 22, 2002 AMOUNT BUDGETED: N/A IAPPROPRIATION REQLEIRED: N/A SUMMARY On June 12, 2002, the City Council selected Hoyman, Dobson & Company, P.A. to provide audit services for the City of Sebastian for the Fiscal Years ended September 30, 2002, 2003, and 2004 with two one year options for a total of five years. As part of the RFP process, the selection of the audit firm led to the negotiation of au engagement letter (contract for services) of which final authorization for execution is required. Enclosed please find an engagement letter from Hoyman, Dobson & Company, P.A. which sets forth the understanding between the audit firm and thc City as to work to be performed and individual responsibilities. The engagement fee is $30,540 per year for the audit itself with an additional $3,420 for a Federal Single Audit and $3,420 for a State Single Audit for a potential total of $37,380. Because both the Federal and/or State Single Audits may not be required, the fees are stated separately. RECOMMENDED ACTION Move to authorize the City Manager to execute the Engagement Letter for Audit Servic~ with Hoyman, Dobson & Company, P.A. HOYMAN, DOBSON & COMPANY,, P.A. CERTIFIED PUBLIC ACCOUNTANTS 215 Bay~ree Drive, Suite 1, Melbourne, Florida 32940, 407-255-0088, Fax 407.259-~648, vvvvw, hoyman, com Cl'arl~s ~. Hoyrr~n, Jr, 3boreas L~ .hme 18, 2001 Mayor and City Council City of Sebastian Post Office Box 127 Sebastian, Florida 32958 Dear Mayor and City Council Members: We arc pleased to con.f~rm our understanding of the services we are to provide for the City of Sebastian, Florida for the years ending September 30, 2002, 2003 and 2004. We will audit the financial statements of the City of Sebastian, Florida as of and for the years ending September 30, 2002, 2003 and 2004 with the option of auditing the financial statrrnents for the years ending September 30, 2005 and 2006. We understand that the financial statements will be presented in accordance with thc financial reporting model described i~ GASB Smtemvnt No. 34. Also, thc document wc submit ~ you will include, as applicable, the following additional information that will be subjected to the auditing procedures applied m our audit of thc financial statc-m~s 1. Schedule of expenditures of federal and sta~e financial assis~ce 2. Combining and individual fund financial statements and schedules The document will also inclu& the following required supplementsxy information that will be subject to certain limited procedures and for which our auditor's report will disclaim an opinion: 1. Required supplementary pension information GASB Statement No. 34 reqaired supplementary information: a. Managvrnent's Discussion and Analysis b. Budgetary corrrparison schedules for certain govermnental funds Also your Comprehensive Annual Financial I~epor~ will include the following additional information that will not be subject m the auditing procedures applied in our audit of the financial statements, and for which our accountant's report will disclaim an opinion. 1. Inlroductory section 2. Statistical tables Mayor and City Council City of Sebastian Page Two Audit Objectives The objective of our audit is the expression of an opinion as to whether your financial statements are fairly presented, in all material respects, in conformity with accounting principles generally accepted in the United States of America and to report on the fairness of the additional information referred to in the first paragraph when considered in relation to the financial statements taken as a whole. The objective also includes reporting on: Internal control related to the financial statements and compliance with laws, regulations, and the provisions of contracts or grant agreements, noncompliance with which could have a material effect on the £mancial statements in accordance with Government Auditing Standards. Internal control related to major programs/projects and an opinion (or disclaimer of opinion) on compliance with laws, regulations, and the provisions of contracts or grant agreements that could have a direct and material effect on each major program/project in accordance with the Single Audit Act Amendments of 1996 and OMB Circular A-133, Audits of Stat~,....Local. Governments amd No.~.-profit Organizations and Chapter 27D-1, Rules of the Executive Office of the Governor, Florida Administrative Code and Chapter 10.550, Rules of the Auditor General of the State of Florida. The reports on internal control and compliance will each include a statement that the report is intended for the information and Use of the City Council, management, specific legislative and regulatory bodies, agencies offering federal and state financial assistance, and if applicable, pass-through entities. Our audits will be conducted in accordance with auditing standards generally accepted in the United States of America; the standards for financial audits contained in ~lovernment .4uditing Stan.~.rds, issued by the Comptroller General of the United States; the Single Audit Act Amendments of 1996; the provisions of OMB Circular A~133; and Chapter 27D-1, Rules of the Executive Office of the Governor, Florida Administrative Code and Chapter 10.550, Rules of the Auditor Genera/of the State of Florida, and will include tests of the accounting records, a determination of major program(s)/projeet(s) in accordance with Circular A-133 and with Florida Chapter 27D-1, and other procedures we consider necessary to enable us to express such an opinion and to render the required reports. If our opinion on the financial statements or the Single Audit compliance opinions is other than unqualified, we will fully discuss the reasons with you in advance. If, for any reason, we are unable to complete an audit or are unable to form or have not formed an opinion, we may decline to express an opinion or to issue a report as a result of this engagement. Management Responsibilities Managernent is responsible for establishing and maintaining internal control and for compliance with the provisions of contracts, agreements, and grants. In fulfilling this responsibility, estimates and judgments by management are required to assess the expected benefits and related costs of the controls. The objectives of internal control are to provide management with reasonable, but not absolute, assurance that assets are safeguarded against loss ~om unauthorized use or disposition, that transactions are executed in accordance with management's authorizations and recorded properly to permit the preparation of financial statements in accordance with accounting principles generally accepted in the United States of America, and that state grant projects are managed in compliance with applicable laws mad regulations and the provision of contracts and grant agreements. Mayor and City Council City of Sebastian Page Three Management is responsible for making all financial records and related information available to us. We understand that you will provide us with such information required for our audit and that you are responsible for the accuracy and completeness of that information. We will advise you about appropriate accounting principles and their application and will assist in the preparation of your financial statements, but the responsibility for the financial statements remains with you. That responsibihty includas the establishment and maintenance of adequate records and effective internal control owr financial reporting, the selection and application of accounting principles, and the safeguarding of assets; Management is responsible for adjusting the financial statements to correct material misstatements and for confirming to us in the representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertainm' g to the latest period presented arc immat~al, both individually and in the aggregate, to the financial statements taken as a whole. Additionally, as required by OMB Circular A-133 and Chapter 27D-1, Rules of the Executive Office of the Governor, Florida Administrative Code and Chapter 10.550, Pules of the Auditor General of the State of Florida, it is management's responsibility to follow up and take correclive action on reported audit findings and to prepare a summary schedule of prior audit findings and a corrective action plan. Audit Procedures---General A~ audit includes exsmining, on a tea basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. We will plan and perform the audit to obtain reaSonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether caused by error or fraud. As required by the Single Audit Act Amendments of 1996, OMB Circular A-133,OMB Circular A-133, Chapter 2713-1, Rules of the ExeCutive Office of the Governor, Florida Administrative Code and Chapter 10~550, Rules of the Auditor General of the State of Florida, our audit will include test of transactions related to major state grant projects for compliance with applicable laws and regulations and the provisions of contracts and grant agreements. Because an audit is designed to provide reasonable, but not absolute assurance and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements (whether caused by errors or fraud) or illegal acts may exist and not be detected by us. ha addition, an audit is not designed to detect immaterial misstatements, immaterial illegal acts, or illegal acts that do not have a direct effect on the financial statements or major projects. However, we will inform you of any material errors that come to our attention and any fraud that comes to our attention. We will also inform you of any illegal acts that come to our attention, unless clearly inconsequential. We will include such matters in the reports required for a Florida Single Audit. Our responsibility as auditors is limited to the period covered by our audit and does not extend to matters that might arise during any later periods for which we are not engaged as auditors. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivablas and certain other assets and liabilities by correspondence with selected individuals, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will also require certain written representations from you about the financial statements and related matters. Audit Procedures~Internal Controls in planning and performing our audits, we will consider the internal control sufficient to plan the audits in order to determine the nature, timing, and extent of our auditing procedures for the purpose of expressing our opinions on the City of Sebastian, Florida's financial statements and on its compliance with requirements applicable to major projects. Mayor and City Council City of Sebastian Page Four We will obtain an understanding of the design of the relevant controls and whether they have been placed in operation, and we will assess control risk. Tests of controls may be performed to test the effectiveness of certain comrols that we consider relevant to preventing and detecting errors and ~aud that are material to the financial statements and to preventing and detecting misstamments resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. (Tests of controls are required only if control risk is assessed below the mardmum level.) Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Gove~m,~n,t ~4uditing Standards. As required by OMB Circular A-133, Chapter 27D-1, Rules of the Executive Office of the Governor, Florida Administrative Code and Chapter 10.550, Rules of the Auditor General of the State of Florida, we will perform tests of controls to evaluate the effectiveness of the design and operation of controls that we consider relevant to preventing or detecting material noncompliance with compliance requirements applicable to each major state grant project. However, our tests will be less in scope than would be necessary to render an opirfion on those controls and, accordingly, no opinion will be expressed in our report on internal controls issued pursuant to OMB Circular A-133 and/or Chapter 27D-1, Rules of the Executive Office of the Governor, Florida Administrative Code and Chapter 10.550, Rules of the Auditor General of the State of Florida. 'An audit is not designed to provide assurance on internal control or to identify reportable conditions. However, we will inform the governing body or audit committee of any matters involving internal control and its operation that we consider to be reportable conditions under standards established by the American Institute of Certified Public Accountants. Reportable conditions involve matters coming to our attention relating to si~o~ificant deficiencies in the design or operation of the internal control that, in our judgment, could adversely affect the entity's ability to record, process, surcanarize, and report financial data consistent with the assertions of management in the financial statements. We will also inform you of any nonreportable condirions or other matters involving internal control, if any, as required by OlVlB Circular A-133, Chapter 27D-1, Rules of the Executive Office of the Governor, Florida Administrative Code and Chapter 10.550, Rules of the Auditor General of the State of Florida. AUdit Procedures - Compliance Our audits will be conducted in accordance with the standards referred to in the section rifled Audit Objectives. As part of obtaining reasonable assurance about whether the financial statement~ are free of material misstatement, we will perform tests of the City of Sebastian, Florida's compliance with applicable laws and regulations and the provisions of contracts and agreements, including grant agreements. However, the objective of those procedures will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance issued pursuant to Government./luditing Standards. OMB Circular A-133, Chapter 27D-1, Rules of the Executive Office of the Governor, Florida Adminis~tive Code and Chapter 10.550, Rules of the Auditor General of the State of Florida also requires that we plan and perform the audit to obtain reasonable assurance about whether the auditee has complied with applicable laws and regulations and the provisions of contracts and grant agreements applicable to major projects. Our procedures will consist of the applicable procedures described in OMB Cirular A-133, Chapter 27D-I, Rules o£the Executive Office of the Governor, Florida Administrative Code and Chapter 10.550, Rules of the Auditor General of the State of Florida for the types of compliance requirements that could have a direct and material effect on each of the City of Sebastian, Florida's major programs/projects. The purpose of those procedures will be to express an opinion on the City of Sebastian, Florida's compliance with requirements applicable to major programs/projects in our report on compliance issued pursuant to OMB Circular A-133 and/or Chapter 27D-1, Rules of the Executive Office of the Governor, Florida Administrative Code and Chapter 10.550, Rules of the Auditor General of the State of Florida. Mayor and City Council City of Sebastian Page Five Audit Administration, Fees, and Other We understand that your employees will prepare all cash or other confnxnations we request and will-locate any invoices selected by us for testing. The worlq~apers for thi~ engagement ~re the property of Hoyman, Dobson & Company, PA and constitute confidential information. However, we may be requested to make certain workpapers available to regulatory agencies pursuant to authority given to them by law or regulation. If requested, access to such workpapers will be provided under the supervision of Hoyman, Dobson & Company, PA personnel. Furthermore, upon request, we may provide photocopies of selected worlepapers to regulatory agencies. Regulatory agencies may inroad, or decide, to distribute the photocopies or information contained therein to others, including other governmental agencies. We estimate that our fees for these services will be $30,540 per year for the audit, including ~'avel and other out- of-pocket costs such as report production, typing, postage, etc. There will also be an additional fee of $3,420 for a Federal Single Audit and $3,420 for a State Single Audit each year, if it is determined such au audit is required. The fee estimate is based on anticipated cooperation from your personnel, the level of client assismuce described in Appendix A and B, and the assamption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. Our invoices for these services will be rendered each month as work progresses and are due upon presentation. Amounts outstanding more than 30 days will be considered delinquent and will be subject to au interest charge of 1% per month (annual percentage rate of 12%). Should it appear we would be required to perform any services your personnel have been assigned, to .allow for an efficient and timely engagement, or if we see areas where the task undertaken is not as anticipated, we will consult wifla you to determine if our firm or your ~ will take the action neces~ry to complete the assignment. We will provide a supplemental service agreement (Appendix C) for your signature and authorization ff we are requested to complete any supplemenmy services. Parties to this engagement agree that any dispute that may arise regarding the meaning, performance, or enforcement of fi'tis engagement will, prior to resorting to litigation, be submitted to mediation upon the written request of any party to the engagement. All mediations initiated as a result of this engagement shall be administered by the American Arbitration Association (AAA) and in accordance with the 'Mediation Rules for · Professional Accounting and Related Disputes' as then adopted by the AAA. The results of this mediation shall be binding only upon agreement of each party to be bound. Costs of any mediation proceeding shall be shared equally by 'both parties. ,Government Auditing, Sta.~dards require that we provide you with a copy of our most recent quality control review report. Our 1998 peer review report accompanies this letter. Our team members who work on this engagement represent an inventory of skilled professionals who are an asset to our firm. In the event that a Hoyman, Dobson & Company, PA team member becomes an employee of the City of Sebastian, Florida, you agree to pay us a fee. This fee will be thirty five percent (35%) of the team member's annual salary and is due and payable immediately upon ou~ loss of the team member. This fee is payable if you hire our team member, on either a permanent, temporary or consulting basis withi~ six months after the last day of this engagement. APPENDIX A CITY OF SEBASTIAN AUDIT SCHEDULES TO BE PREPARED BY CLIENT ON OR BEFORE NOVEMBER 15 1. Trial balance for each fund. 2. List of ali at-tnrneys (including addresses) used by the City during the fiscal year. 3. List of all known possible contingencies at year end. 4. List of all bank accounts opened and/or closed (including addresses)during the fiscal year. 5. The following forms reviewed and updated by the City: a. Internal control procedures forms and b. Microcomputer system control form. Copies of the approved budget, any amendments to the budget and a copy of the advertisement announcing final public hearing for thc budget. 7. Copies of all grant documents for which monies were received or expenditures made during the fiscal year. Beginning and ending check numbers for all bank accounts. 10. Review and update confirmation listing for additions/deletions and address corrections. 11. Bank reconciliations for all bank accounts. Schedule of allocation of consolidated (SBA) account. Schedule of intcrb~mk transfers. 12. Schedule of allocation of interest earnings from consolidated (SBA) account. Schedule of intcrbank transfers. 13. Schedule of accounts receivable for all funds as of September 30. 14. Property and equipment reconciliation including current year additions md deletions. 15. Depreciation schedule for enterprise funds including current additions and deletions. 16. Analysis of due from and due to other fund accounts. 17. Analysis of operating transfers, in and out to other fund accounts. 18. Analysis of accrued wages and compensated absences. 19. Analysis of all reserved and designatr, d fund balance accounts. 20. A_rndysis of investments in general fixed assets including additions and deletions. 21. Analysis of general long*team debt acoount group, including additions and deletions. 22. Employee and employer contributions for all pension plans for the fiscal year. 23. Payroll reconciliation to payroll tax returns including salaries and payroll taxes. 24. Budget versus actual comparison. 25. The items on Appendix B for compliance with Florida Laws. APPENDIX B CITY OF SEBASTIAN COMPLIANCE WITH FLORIDA LAWS DOCUMENTATION TO BE PROVIDED BY CLIENT Our tentatively scheduled start date for pre 'hmiumy fieldwork will be in the first week of September. We would like to begin testing compliance with Florida laws at that time. DESCRIFrlQN.OF ITEMS Finance 1) One copy of the cover letter and certified mail receipt sent with each of the following: a) Two copies of annual audit (prior fiscal year) with nmnagement's written response to the Office of the Auditor General, b) Annual Financial Report (prior fiscal year) filed with the Division of Banking and Finance and c) Police and fire fighters state pension reports (current fiscal year) - state law plan and local law plan. 2) One copy each of the following reports with copies of the certified mail receipts filed with the State Division of Bond Finance for each bond sale: a) Advance notice of bond sale, b) Bond information form, c) Bond disclosure form - competitive sale and d) Bond disclosure form - negotiated sale. 3) One c°py of Treasury Form for public deposits with a copy of the certified marl receipt for the current fiscal year. Copies of the general ledger for each fund that has incurred sigaificant travel and entertainment expenditures for the curremt fiscal year. in addition, the related expense files to support these amounts. 5) One copy of the Budget Adoption Schedule for the next fiscal year. 6) One copy of the resolution or ordinance adopting the budget for the next rise. al year. a) Millage rate and b) Budget 7) One copy of the cover letter and certified mail receipt sent with the above mentioned resolutions or ordinances to the following: a) ~openy Appraiser, b) Tax Collector and c) Department of Revenue APPENDIX B CITY OF SEBASTIAN COMPLIANCE WITH FLORIDA LAWS DOCUMENTATION TO BE PROVIDED BYCLIENT PAGE TWO 8) 9) One copy of the complete TP.J~ Compliauce c~rtified mail receipt b) d) e) g) h) 0 C~ification paclmge with a copy of the Certification of corapliance DR-487, Certification of taxable value DR-420, Ordinance/resolution adopting millage rate, Ordinance/resolution adopting buds~t, Final budget hem'hag ad, Proof of publication from newspaper, Budget summary ad (entire page from newspaper), Proof of publication of'budget snnmmry ad and, Copy of final DR-422, ffissued. One copy of the letter of receipt and compliance from the Department of Revenue regarding TRIM compliance. One copy of the letter/report received from the Supervisor of Elections or Commission on Ethics indicating the City officials who filed financial disclosure forms for the current fiscal year. 11) One copy of the Contraband Quarterly Reports for the cun'ent fiscal year. APPENDIX C HOYMAN, DOBSON & COMPANY, P.A. SUPPLEMENTAL SERVICE AGREEMENT Client Proposed by · Year Ended Date Prepared At this time we anticipate having to perform the following services in order to corr~plete your year end and financial statements: Reason for requiring the change order Nature of work to be performed Discussion with client Estimated cost of change/ additional work ~ Estimated Rate HO~ Totals You will be billed for the actual time expended on the services at our normal hourly rates. The terms and conditions of payment will be the same as in our engagement letter. Any revision of timetable Approved: Accepted: Manager Client Director Date Off OF HOME OF PELICAN ISLAND 1225 MAIN STREET · SEBASTIAN, FLORIDA 32958 TELEPHONE: (772) 589-5330 · FAX (772) 589-5570 Subject: Conference/international City Manager's Association I'r- i nce .i~1~re ~-- Agenda No. ~ 2./~.~ ~ Department Origin: City Manager Date Submitted: 06/20/2002 For Agenda of: 06/2612002 Exhibits: EXPENDITURE REQUIRED: Education: $495.00 Travel/Pier Diem: Approximately: $1,200 AMOUNT BUDGETED: Education: $2,000 Travel/Pier Diem: $4,200 APPROPRIATION REQUIRED: This year ICMA will hold it's 88h Annual Conference at the Philadelphia, Pennsylvania Convention Center, Philadelphia, PA., beginning on September 29-October 2, 2002. The theme of ICMA's 88th Annual Conference will be "Rising to the Challenge'. The conference program depicts various keynote sessions, focusing on educational and professional development. REO0, ,M, MENDED ACTION Move to approve the City Manager to attend the ICMA 88~ Annual Conference, to be held at the Philadelphia, Pennsylvania Convention Center, Philadelphia Pennsylvania, on September 28.-October 2, 2002. "An Equal Opportunity Employer" Celebrating Our 75th Anniversary City of Sebastian, Florida Subject: Agreement for Provisional Certificate of Occupancy for Sebastian Retail Shoppes. EXPENDITURB KEQUIKED: None AgendaNo. OZ. lqt-t Department Origin: ,Grgwth Tracy E. Hass Date Submitted: June 14, 2002 For Agenda of: June 26, 2002 Management AMOUNT BUDGETED: None APPROPRIATION REQUIRED: None SUM34&RY Attached hereto you will find a proposed agreement for a provisional certificate of occupancy for thc Sebastian Retail Shoppes. Succinctly, the original site plan was conditionally approved upon satisfaction of constructing a parapet wall along the rear of the retail building. Such. a requirement is specific to structures constructed within Kiverfront Overlay District, and was recommended by staff and supported by the Planning and Zoning Commission. Through inadvertence, the wall was not extended across the back of the building, so as to effectively screen all mechanical equipment from public view. After being notified of the inadvertence, the developer explored various methods of resolving the noncompliance. Unfortunately, the existing rear wall was not engineered to support a parapet wall, or other such extension, and the applicant wishes to explore other alternatives. Therefore, the developer submitted a request for a waiv~ of said condition, which will be presented to the Planning and Zoning Commission on July 18, 2002. However, the building is nearing completion and .the developer wishes to make the building available for occupancy by July 1, 2002. Without a provisional certificate of occupancy, the developer will suffer a profound financial impact by not being permitted to occupy the building until this issue is resolved. Alteamatively to a waiver, the Planning and Zoning Commission and the applicant may enter into an agreement for an alternative mans of consmzcting the same to satisfy the regulatory provisions contained within the land development regulations. RECOMMENDED ACTION Consider the aforementioned summary and attached agreement and offer directibn accordingly. AGREEMENT FOR PROVISIONAL..CERTIFICATE OF OCCUPANCY.. -THiS AGKEEMENT entered into this . day of June, 2002, betwe~.the CITY OF SEBASTIAN (hereinafter called "CITY") and Sebastian Venture No. One, L.P., whose address is 1936 Sun Marco Boulevard, jacksonville, Florida 32207, (hereina/ter called "APPLICANT") provides that Whereas, APPLICANT is the owner of a project on U.S. Highway 1 within the CITY initially known as the "Sebastian Ketail Shoppes"; and Whereas, the site plan approved for said project required that the proposed parapet wall be extended around and across the back of the buildings roof line to comply with LDC requirements for screening mechanical features from public view and with Riveffxont Overlay District requirements for a consistent roofline on all sides of a structure; and Whereas, said parapet wall, through inadvertence, was not .extended across the back roofline; and Whereas, the APPLICANT reports safe ~gineering practices dictate that the extension cannot be constructed after the fact; and Whereas, the building is otherwise structurally sound; and Whereas, the APPLICANT wishes to explore various methods of resolving the noncompliance with,thc site plan approval and gov~ing provisions of the City Code, but will suffer a profound financial impact if it must remain closed until the issue is resolved; and Whereas, the CITY ultimately has the right to require conformance with the code even if it requires removal of the structure; therefore IN AND FOR CONSiDERATION of the mutual covenants made and actions required of the parties herein, the sufficiency of which is acknowledged by the patties,' the following is hereby agreed: CITY shall issue a provisional Certificate of Occupancy for the project upon a determination that the building and improvemeats comply with-the requirements of the Building Code. ., 2. Said provisional Certificate of Occupancy shall be effective for 90 days. APPLICANT shall use best efforts to resolve the issues of noncomPliance during the life of this provisional Certificate of Occupancy, whether these efforts are through pursuit of waivers of the eqde provisions at issue, or provision of either a suitable substitute for the parapet oran alternative means of constructing the same that satisfy the relevant regulatory bodies of the City, along with amendment of' the site plan approval accordingly. Nothing herein shall be construed to require the CITY, through its staff or any of its boards or committees, to approve any such change to the approved site plan. It is agreed between the parties that the CITY has the absolute right to require compliance with its approved development orders. In the event APPLICANT does not resolve the comphance issues by the expiration of said provisional Certificate of Occupancy, APPLICANT agrees that it will vacate, or cause to be vacated, the entire premises constituting the project without further action by the CITY. In the event that the premises has not been vacated by 9 a.m. of the morning following expiration of said provisional Certificate of Occupancy, APPLICANT stipulates that CITY shall be entitled to issuance of au injunction, or such other legal or equitable relief as it deems appropriate, to achieve compliance with this agreement, and hereby stipulates that it waives all defenses, whether legal or equitable, to grant of said relief by the Court having jurisdiction in Indian River County, Florida. APPLICANT agrees to indemnify CITY for all costs incurred in the performance or enforcement of the terms of this agreement, including but not limited to advertising costs for public notices, court costs, attorneys fees and additional inspection expenses. This agreement shall inure to the benefit of and be binding upon the successors- in-interest, assigns and other beneficiaries of the parties. As a condition precedent to the issuance of the provisional Certificate of Occupancy, APPLICANT agrees to present CITY with signed acknowledgments by all tenants of the premises that they have been provided with a copy of, and consent to, the terms of this agreement. AGRBBD TO this . day of June, 2002. Arams TI~I~, CITY OF SEBASTIAiN Sally A. Maio, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: By: Terrenee R. Moore, City Manager APPLICANT: Sebastian Venture No. One, L.P. Rich Stringer, City Attorney By: Its: City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: First Reading and Public Hearing I Agenda No, ~)2. ! 3 7 for Ordinance No. O-02-12 - Extension of ' Cell Phone Tower Moratorium I Department Origin: City Manager For Agenda of: 6120102 Exhibits: O-02-12, ad Expenditure Required: Amount Budgeted: Appropriation Required: SUMMARY STATEMENT Planning and Zoning Commission Chairman Barrett appeared before the June 12th Council Meeting and asked for an extension of this moratorium, Council then directed the City Attorney to draft an extension ordinance. Second public hearing and adoptiOn is scheduled for July 10t~, 2002. ORDINANCE NO. 0,0.2.~1.2 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DECLARING A SiX-MONTH EXTENSION OF THE MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR WIRELESS TELECOMMUNiCA~ON TOWERS AND ON THE iSSUANCE OF PERMITS AND APPROVALS FOR THE CONSTRUCTION OF WIRELESS TELECOMMUNICATION TOWERS; PROVIDING FOR EXCEPTIONS; SETTING FORTH EXPIRATION; PROVIDING FOR CONFLICt, SEVERABILITY AND EFFECTIVE DATE. WHEREAS, pursuant to Section 2Co), Article VIH of the Florida Constitution and Chapter 155, Florida Statutes, the City of Sebastian is authorized and required to protect the public health, safety and welfare, and may exercise any power for any governmental purpose except as expressly prohibited by law; and WHEREAS, pursuant to said authority and Florida Statutes 153.3202, the City has enacted land development regulations consistent with its adopted Comprehensive Plan, which protect the quality of life in the City of Sebastian; and WHEREAS, the City's Land Development Regulations do not contain any regulations regarding location and criteria for commercial communication towers; and WHEREAS, good land planning and concern for the quality of life in our City dictat~ that reasonable regulations be in place regarding location and criteria for commercial communication towers; and WHEREAS, the City requires a reasonable time period to study the t~chnicai aspects of the telecommunications industry so as to properly plan for and consider the adoption of wireless communication regulations that meet nations_] and local goals and legislative mandates, and towards that end adopted a si~month moratorium through ordinance O-02-01; and WHEREAS, extensive progress has been made towards formulation of said regulations, yet the task is complex and time-consuming, therefore a situation exists justifying an extension on the moratorium on commercial communication towers; and WHEREAS, a moratorium will be of temporary impact to property within the City; and WHEREAS, this moratorium is enacted in good faith, without unjust discrimination, and is of the minimum feasible duration; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: ~gcti0n 1. MORATORIUM EXTENDED. The moratorium upon acceptance of applications for any permit or other development order relating to telecommunication towers enacted pursuant to Ordinance 0-02-01 is hereby extended for an additional six-month period beginning one minute before the expiration of the moratorium declared in said Ordinance. Section 2. apply to: l) 2) 3) 4) 5) Section 3. are hereby repealed. Section 4. EXCEPTIONS. The prohibition set forth in Section 1 hereof shall not Any tower which is determined by the City Council to be necessary to any governmental utility or emergency communications system; or Adding an antenna to an existing structure so that the height of the original structure is not increased by more than 10%; Repair of any existing tower; Any tower placed on City-owned property; or Any complete application for a tower that was on file with the City as of December 1, 2001, which is subsequently determined by the City Council to meet all applicable requirements of City Codes. CONFLICT. All ordinances or parts of ordinances in conflict herewith SEVERABILITY. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. ~. EFFECTIVE DATE. This Ordinance shall take effect immediately following its adoption by the City Council. The foregoing Ordinance was moved for adoption · The motion was seconded by Councilmember upon being put to a vote, the vote was as follows: Mayor Walter Barnes Councilmember Joe Barezyk Councilmember Edward $. Majeher, Ir. Councilmember James Hill Councilmember Ray Coniglio by Councilmember and, The Mayor thereupon declared this Ordinance duly passed and adopted this 10~ day of ;Iuly, 2002. C1TY OF SEBAS~, FLOR/DA ATTEST: By: Mayor Walter Barnes Sally A. Maio, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney until ,..Chambers,· ;-:H all; '3. ',Z 2 5....M a in Street,' SebaSti a n, ~'Flo~ida, heic¢,n~luSk~n .of a.Su'bS,~.uent::~h'earing,.".the' .City !.C~bnc!l'.. may;. '.ena'ct: .t~i ~,.?0.~di:han b~ ..int~'~law,:;~;j ,.intems~d~.. pa:~i~..-may ~:,'i~spec~ ~'.th~::'~rOpo~ed:.;~~ ":he~d' Wit h: :':..~e~Pe~t.' ~':~ ~h ~'";Pr0p~ :~0~'i~ ~... ~ .: ~,.~e~0n'WhO.~,~9::Wi~ ,to ~eai~, an~ de~io~ Whi~~' m~y ~e made~ ~, the,Cp~ ~unci~ at ~ls, ~a~ng ~q'~d t6 ensur~ ,that ,,? ,.~e.~afim mcQ~ ~ "the..~ce~ings :~is :made ,:~lch ..reco~ .~.~ includes the' m~imo~ and ~idence' Upon which'the appeal ~1i HOME OF PELICAN DATE: TO: FROM: RE: MEMORANDUM June 20, 2002 Mayor and City Council Members, City Manager, City Attorney Sally A. Maio~ City Clerk Parks and Recreation Committee Recommendation A Parks and Recreation Committee member brought in a letter addressed to the Parks and Recreation Chairman asking that he direct me to advertise Parks and Recreation public sessions for June and July to receive citizen input on future public recreation needs. Though I am more than happy to assist this committee in receiving citizen input, I suggested that since I take my direction from City Council, this letter of request first be brought before that committee for its review and a recommendation to the City Council. The City Manager and I both agreed that we would place this item on the June 26th City Council agenda; and that the P & R Committee could discuss it at their June 24"~ meeting and then' forward a recommendation to City Council, A recommendation should be forthcoming from the Committee by the time you meet on June 26t~. sam HOME OF PELICAN ISLAND DATE: TO: FROM: RE: MEMORANDUM June 20, 2002 Mayor and City Council Members, City Manager, City Attorney Sally A. Maio ~ City Clerk Tree and Landscape Advisory Board Recommendation to Amend the Land Development Code The 2002 Work Plan presented by the Tree and Landscape Advisory Board recommended amendments to Land Development Code ArtiCle XIV. Tree Protection and Landscaping, Sections 54-3-14.1 through 54-3-14.17. City Council suggested at that time that recommendations be brought back in written form. One of the authorities of the Tree Board is to recommend to City Council amendments to the Tree Protection and Landscape Ordinance. 'The Committee, through its Chairperson Cathy Fulton, has submitted proposed amendments in legislative format for City Council consideration and they are included in this agenda packet. Any amendments to the Land Development Code will require a public hearing before the Planning and Zoning Commission prior to any formal adoption by City Council. sam Article XIV. Tree Protection and Landscaping SECTION 54.3-14.1 PURPOSE, iNTENT AND APPLICABILITY. Purpose. The purpose of this article is to establish protective regulations for trees within the city in order to better control problems of flooding, soft conservation, air pollution and noise and to make the city a healthier, safer and more beautiful place in which to live. B, Intent. The intent of this article is to: Preserve the low density and open space characteristics of the City through the use of trees and landscaping. Encourage the protection of the maximum number of trees and of large specimen trees and to encourage in particular the protection of native trees of the city. Protect the existing tree canopy cover in the City and to develop a tree canopy in areas where such a canopy does not exist. 4. Encourage the development of tree lined streets. Require screening and beautification of all commercial, industrial and institutional sites so as to improve, protect and preserve the city's unique aesthetic characteristics and qualifies. C. Applicability. The minimum standards for landscaping set forth in this article shall be applicable to all new construction, remodeling or enlargement requiring updated code compliance. It shall be unlawful for any person, directly or indirectly, to cut down, destroy, remove, relocate or effectively destroy through damaging any protected, specimen or historic tree situated on any real property or dear any lot or acreage located within the city without gu'st obtaining a permit as provided within these provisions. SECTION 54-3-14.2 HISTORIC TREF.~. The removal of a "historic tree", designated by resolution of the City Council, requires a removal permit approved by the city council; however, historic tree(s) determined to be a hazardous tree(s) by the Building Director which requires immediate action may be removed after verification and obtaining approval from the City Manager. SECTION 54-3-14,3 SPECIMEN TRE~. The removal of a protected or specimen tree requires a removal permit from the Building Director. A orot~ted tree is any existi~K tree with a 4" or greater diameter at 4.5' above existing grade (hereinafter known as Diame, te,,,r,,,at Breast Height, DBH), A s~cimen tree is an existing tree with..a...!.0" or greater DBH. Prior to the issuance of a removal permit, the applicant shall identify the species and number of the tree(s) to be removed, consider alternative site plans to determine if the specimen trees can be saved._-,n4t~,~--~ae · g ~la ..a.~... a. .... u .... Land Development Code Page XIV- 1 6/20/2002 4:14 PM6/l ~/2~tY2~ 2 2:0 ! PS~'~d !'~d2~r0ff2 9:~r~ ASA City of Sebastian Chapter Ill: Perfomaaace Criteria Article XiV: Tree Protection and Landscaping p!a.me! c: '::!i! F!a.n: .......... ' .... ~ .... ~ ............ '~ '^ ~' ...... ~'~ The following criteria for removal of protected trees shall be used: Must be removed in order for the applicant to use the property for any use permitted, conditional or special use for the zoning district in which the property is located and that such a use could not be made of the property unless the tree is removed. Alternative site plans shall be considered to determine ff the specimen trees can be saved without the removal or damaging of the trees; That the conditions of the nee with respect to disease, danger of falling or interference with utility services is such that the punic health, safety or welfare require its removal. When there is a question of tree hazard, the Building Director may require documentation or certification from an arborist who has been certified by the htemational Society of Arboriculture.; That the tree or tree roots are causing, or threaten to cause, damage to any main structure on the owner's property. Necessity to remove trees which present a hazard or other unsafe condition to people, vehicular traffic or threaten to cause disruption to public services or public easements. iii. Necessity to remove trees which present a hazard to structures. F. Necessity to remove diseased or fallen trees or trees weakened by age, storm, or fire. The extent to which tree removal is likely to result in damage to the property of others, public or private, including damage to lakes, ponds, streams or rivers, drainage canals or swales. Topography of the land and the adverse impact of tree removal on erosion, soil retention and the diversion or increased flow of surface water, which is necessary to use the land while conserving natural resources. Good forestry practices; i.e., the number of healthy trees that a given parcel of land will support. Necessity to remove trees in order to construct proposed improvements to allow economic use of the property, including: 1. Need for access around the proposed structure for construction equipment (maximum of ten (10) feet). 2. Need for access to the building site for construction equipment. 3. Essential grade changes. Upon making a finding that one of the above criteria has been met, the Building Director shall issue a permit for the removal of a protected and/or specimen tree(s). ,,n. ....... : ....... : ....... ,~ :, ~,..~,, ,..~ Land Development Code Page XIV-2 6!20!2002 4:14 PM6/!a./2LY32.2q0[ P.tdf.,t! 2/2g02 9:00 AM City of Sebastian Chapter 111: Performance Criteria Article XIV: Tree Protection and Landscaping .,~.,t ,~ ~, .......... ;,~. n _;_; ....~,~;~, ^~, ..... ~,,~ t~,~x ,,~, The tree(s) apl~roved for removal that are within the legal front, side, or rear setbacks shall be reolaced by OroDertv owners as follows: A. Protected Trees: Two 15-gallon or larger, Florida #1 Grade Qr bert. er for each tree removed, of the same twe removed, on the same pror>ertv_up to the limits of good forestry oractice. Excess trees shall be planted on Public Property of mutual consent between t..he. City of Sebastian.. g.nd the ~Owner. B, Soecimen Trees: On a diameter inch for inch basis, 15rga!lon ~r..!.a..r[er Florida #1 Grade or better of the same type removed, of the same number of tree (s) removed. Examl~le: Ifa. 21" DBH tree is aporoved for removal and the twical: 15-~allon rerflacement has a L5" DBH, fourteen !5-ga!Ion trees (14 trees x 1.5" = 21") must be replan[ed.. If good f. ore..s...t..rg practicelimits the pm. pen. y...to te.~ trees, four trees shall be planted 0n Public .pro .I.~...rty of mutual consent 'between the City of Sebastian and the Property Owner. C. Saba! Palms (Sabal oalmetto, cabbage ~alms): Sabal palms having a clear trunk of 6' or greater (measured from existing grade to bottom of lowest fronds} shall be rerfiaced one for one~b~Sabal oalms having at least 6' clear trunk. No...Certificate of Occupancy shall be issued for a.ny., reside, nfl.a!...o..r....c.ommercial strugture until or u. nl~ss, the abpve requirements a,re met. SECTION 54-3-14.4 MANGROVES, Mangroves shall not be removed except as provided herein, Mangroves may be pruned provided that the pruning does not result in the death or decline of the mangrove and is in compliance with state law. A permit may be issued for the removal of a mangrove to provide access to a dock or pier when there are no practical or permitable alternatives. SECTION .q4-3-14.5 PROHIBITED AND UNDESIRABLE EXOTIC VEGETATION. All prohibited and undesirable exotic vegetation must be removed by the developer or property owner at the time of clearing, construction or redevelopment. Prohibited and undesirable exotic vegetation shall not be used to meet the tree or landscape requirements of the Land Development Code. Prohibited and undesirable exotic vegetation may be removed without a permit after receiving verification from the Building Director. Under no circumstances shall any of the following six (6) f+ve-(-~tree species be deliberately introduced into the city and planted on public or private property. Any such action shall be deemed a violation of this article and shall be cause for assessment of penalty and damages for subsequent removal against said violator. 1. Ear Tree (Enterolobium Cyclocarpum); 2. Chinaberry (Melia Azedarch); 3. Australian Pine (Casuarina Spp); 4. Punk Tree or Cajeput Tree (Maleleuca Auinquemervia or Maleleuca Leuadendron); 5. Brazilian Pepper (Sehinus Terebinthifolius). 6. Co, rrotwood Land Development Cede Page XIV-3 612012.002 4:14 PM6/Id/2~2 2:0~ P,~.~.~/: 2/2~2 9:~r~2 AM City of Sebastian Chapter Ill: Performance Criteria Article XIV: Tre~ Protection and Landscaping SECTION 54-3-14.6 RESIDENTIAL LANDSCAPING REQUIREMENTS. All areas of residential lots not covered by a building or impervious surface shall be grassed, sodded, or seeded except for landscaped areas including protected existing natural vegetation. Landscaped areas shall be mulched or planted with a ground cover to prevent soil erosion. Water bodies such as lakes, ponds, wetlands, or waterways are exempt from this requirement. SECTION 54-3-14.7 RESIDENTIAL TREE REQUIREMENTS. A. Required Trees 1. All residential lots shall have the following minimum number of trees: Lot Size (Sa. Ft.) Minimum Numar of Trees less than 10,000 10,000 to 15,999 16,000 to 19,999 20,000 to 29,999 30,000 to 39,999 40,000 or more five trees (three native) seven trees (four native) twelve trees (six native) fifteen trees (eight native) eighteen trees (nine native) twenty trees (ten native) Trees that are added to a lot in order to satisfy the minimum tree requirements for the lot shall be equal to Florida grade number 1, or greater, utilizing the nursery standards established by the State of Florida, Department of Agriculture and Consumer Affairs. The City Council may approve by resolution a list of trees that may be used to meet this requirement. The Cit.y. will encourage the planting of the following desirable trees due to their tolerance to a variety of soil conditions, enhancement of aesthetic value and natural canopy and shade. a. Bald Cypress b. Live Oak c. Laurel Oak d. Red Maple e. Slash Pine Southern Magnolia Southern Red Cedar The City will discourage the planting of the following undesirable trees due to the intolerance of the climate extremes, the tendency to ~pread unrestrained, and the minimal c~anopy and shade cover. a. Oueen (coconut) palm b. Royal Palm c. Royal Poinciana d. Umbrella tree Land Development Code Page XIV4 6/20/2002 4:14 PM6/I~/2~r~3~2 2:0! ,°M~:2/2~'2229:~r~AM City of Sebastian Chapter III: Pgrformamm Criteria Article XIV: Tree Protection and Landscaping Limitations. Each tree except citrus trees must have a minimum height of eight (8) feet and have a minimum diameter of one and one-half (1V2) inches or a circumference of 4.7 inches DBH. Citrus trees may be used, provided that none is less than four (4) feet in height and the number shall not exceed three (3) or comprise more than twenty-five (25) percent, whichever is greater, of the required minimum number of trees on the lot. If palms are usedXQueen palms are undesirable for this requirement), they shall constitute no more than thirty-five (35) percent of the total tree requirement and shall have a minimum of six (6) feet of clear wood. Tree Cr~ts. All existing trees that meet the following criteria may be applied towards meeting the minimum number of trees as required in subsection (1) above. 1. Existing trees. size 2" -4" dbh 1 tree Over 4" - 10" dbh 2 trees Over 10" - 20" dbh ' 3 trees Over 20" dbh 5 trees 2. Sable tflaalm ~es may be utilized on a one-for-one credit basis. To encourage tree-lined streets, new trees, other than palms, planted in the front yard setback shall receive credits as outlined above. No more than two trees may be used for this requirement. Certificate of Occupancy. The required number of trees shall be planted prior to the issuance of a certificate of occupancy for new residences. Each lot owner where a residential unit is located must maintain on the lot a sufficient number of trees to comply with the requirements in this section. Any tree which dies must be replaced within six months. The failure to maintain the number of trees required by this section shall constitute a violation of this article and shall subject the violator to the penalties as prescribed in section 1-10 of the City Code of Ordinances. Maintenance Requirements. Landscape areas shall be permanently maintained including watering, weeding, priming, trimming, edging, fertilizing, insect control, and replacement of plant materials and irrigation equipment as needed to preserve the health and appearance of plant materials. Maintenance of landscaping shall be the responsibility of the owner, tenant or agent, jointly and severally. Said landscaping shall be maintained in a good condition so as to present a healthy, neat and orderly appearance. All landscaped areas shall be kept free of weeds, refuse and debris. If at any time after issuance of a certificate of occupancy or other form of approval, the landscaping of a development to which this article is applicable is found to be in nonconformance, the Building Director shall issue notice to the owner that action is required to comply with this section and shall describe what action is required to comply. The owner, tenant or agent shall have thirty (30) days Land Development Code Page XIV-5 6/20/2002 4:14 PM 6! ! ~.!2~a92 2:9 ! P:.~.6: ! ZE ~r~22 9:~t~9~ A:.~. City of Sebastian Chapter HI: Performance Criteria Article XiV: Tree Protection and Landscaping to restore the landscaping as r ui, i. If the landscaping is not restored within the allotted time, such person shall be in violation of this code, the punishment for which shall be as provided pursuant to section 1-10 of the City of Sebastian Code of Ordinances. SECTION 54-3-14.8 RESIDENTIAL TREE REMOVAL, GRUBBiNG, AND LAND CLEARING PERMITS. Grubbing. The application for a grubbing permit shall be filed with the Building Department on forms furnished by the Building Director. The application shall include a copy of.the recorded deed indicating the current owner. The staff shall then inspect the site for protected flees, historic trees, specimen aves, or mangroves and gopher tortoises. If gopher tortoises are found, the applicant shall be required to obtain the necessary permits from the State of Florida. A grubbing permit does not authorize fhe--r-emo~the removal of any protected, specimen, or I historic trees, or mangroves. Tree Removal and Land Clearing Permit. All single family and duplex residential lots are required to obtain a permit for protected tree removal, grubbing or land clearing. The application for such a permit shall be filed with the Building Department on forms furnished by the Building Director. Any applicadonsf for a protected tree removal, grubbing or land clearing permit must submit a plot/site plan showing the location of all protected, specimen and historic trees., and '::~i-~.. The plot/site plan that is submitted with an application for a protected tree removal, grubbing or land clearing permit shall include as a minimum the following information: Location of all present and proposed structures, driveways, parking areas and other planned areas; 2. Location and kind of all protected trees, all specimen trees and all historic trees. 3. Recorded deed indicating the current owner. 4. Species and size of trees to be removed. The staff shall then inspect the site for protected trees, historic tre~s, specimen trees, or mangroves and gopher tortoises (for grubbing or land clearing). If gopher tortoises are found, the applicant shall be required to obtain the necessary permits from the State of Florida. Permits for the removal of any historic trees, specimen trees, or mangroves shall be obtained, The following criteria for removal of protected trees shall be used: Necessity to remove trees which present a hazard or other unsafe condition to people, vehicular traffic or threaten to eanse disruption to public services or public easements. 2. Necessity to remove trees which present a hazard to structures. Land Development Code Page XiV-6 6/20/2002 4:14 PM6/14/2992,2:0 ~ P,~.~,6! !2/2~r~229:L~9 City of Sebastian Chapt~ IH: Performance Criteria Article XIV: Tree Protection and Landscaping Necessity to remove diseased or f~en trees or trees weakened by age, storm, or fire. The extent to which tree removal is likely to result in damage to the property of others, public or private, including damage to lakes, ponds, streams or rivers, drainage canals or swales. Proposed landscaping improvement including plans whereby the applicant has planted or will plant trees to replace those that are proposed to be cleared. Good forestry practices; i.e., the number of healthy trees that a given parcel of land will support. Necessity to remove trees in order to construct proposed improvements to allow economic use of the property, including: Need for access around the proposed structure for construction equipment (maximum of ten (10) feet). b Need for access to the building site for construction equipment. c. Essential grade changes. Upon making a finding that at least one of the above criteria is met, the Building Director shall issue a land clearing permit for the removal of a protected tree. Applicant shall post a copy of the permit at the site prior to comn~ncement of grubbing, tree removal or land clearing. SECTION 54-3-14.9 COMMERCIAL TREE REQUIREMENTS. All multi-family, corrar, ercial, industrial and institutional sites shall meet the following requirements. Trees along public streets. One tree for each twenty-five (25) lineal feet or fraction thereof along all public streets, with a minimum of two (2) trees on any one street frontage. Tree requirement along perimeter not adjacent to the right-of-way. One tree for each thirty- five (35) lineal feet or fraction thereof of the perimeter of the property not adjacent to public streets. Tree requirements for off-street parking areas. There shall be one (1) tree for every five (5) parking spaces or fraction thereof. Tree specifications for open space. Open space shall include all required open space in this code, as identified in the approved site plan. Such open space areas shall not include water areas. This requirement may be modified or waived by the Planning and Zoning Commission for open areas Land Development Code Page XIV-7 6/20/2002 4:14 PM6/~d/2C~2~2 2:9~ P.~5/!'2/2092 9:~ A."A City of Sebastian Chapter III: Performance Criteria Article X]W: Tree Protection and Landscaping that are inappropriate for the introduction of trees. There shall be one (I) tree per 2000 sq. ft., or portion thereof, of open space Location of tree plantings. Trees, as required above, should be spaced in clusters or situated in strategic locations consistent with good principles of design and plant installation with consideration for utilities, stormwater management, and potential root damage to sidewalks and vehicular areas. Credit for existing trees. Credit shall be granted for exceptional quality trees which are preserved on a site and which meet the ~ requirements of any landscaping provision of this article. All existing trees that meet the following criteria may be applied towards meeting the minimum number of trees as required in this section. 1. Existing Trees. redit 2" -4" dbh 1 tree Over 4" - 10" dbh 2 trees Over 10, - 20" dbh 3 trees Over 20" dbh 5 trees 2. Palm trees may be utilized on a one-for-one credit basis. Exceptional quality shall be judged on the basis of such factors as extraordinary size of tree, vigorous health, large canopy cover, historic value, rareness, and age. No credit will be granted for preserved trees which are classified as undesirable, are extremely poor specimens or which are in declining health. SECTION 54-3-14.10. COMMERCIAL TREE REMOVAL, GRUBBING, AND LAND CLEARING PERMITS All multi-family, commercial, institutional and industrial zoned lots are required to obtain a permit for tree removal, grubbing or land clearing. Grubbing. The application for a grubbing permit shall be filed with the Building Department on forms fttmished by the Building Director. The application shall include a copy of the recorded deed indicating the current owner, The staff shall then inspect the site for protected trees, historic trees, specimen trees, or mangroves and gopher tortoises. If gopher tortoises are found, the applicant shall be required to obtain the necessary permits from the State of Florida: A grubbing permit does not authorize the removal of any trees. Tree Removal and Land Clearing. The application for a tree removal permit or land-clearing penuit shall be filed with the Building Department concurrent with an application for a development order permit. Any applicant for a tree removal or land clearing permit must include an approved site plan showing the location of all protected, specimen and historic trees and/or Land I~velopmont Code Page XIV-8 6/20/2002 4:14 PM6/I ~/2~ru2~2 ¢:9! PM~!!2~992 9:.~.~ AM City of Sebastian . Chapter ]III: P~dormance Criteria Article X/V: Tree Protection and Landscaping mangroves which are to be removed or retained. The removal of an historic tree requires approval by the City Council. The application shall also contain information required to assure compliance with SECTION 54-3-14.14. Tree Protection Standards, The staff shall then inspect the site to confmu the location of all protected trees, historic trees, specimen trees, or mangroves and gopher tortoises (for land clearing). If gopher tortoises are found, the applicant shall be required to obtain the necessary relocation permits from the State of Florida. The following criteria for removal of any protected, sr~ecimen, historic or mangrove trees shall be used: Must be removed in order for the applicant to use the property for any permitted, conditional or special use approved for the zoning district in which the property is located and that such a use could not be made of the property unless the tree is removed. That the conditions of the tree with respect to disease, danger of falling or interference with utility services is such that the public health, safety or welfare require its removal. When there is a question of tree hazard, the Building Director may require documentation from an arborist who has been certified by the International Society of Arboriculture. That the tree or tree roots are causing, or threaten to cause, damage to any main structure on the owner's property. Necessity to remove trees which present a hazard or other unsafe condition to people, vehicular traffic or threaten to cause disruption to public services or public easements. 5. Necessity to remove trees which present.a hazard to structures and utilities. 6. Necessity to remove diseased or fallen trees or trees weakened by age, storm, or fire. The extent to which existence of the tree is likely to result in damage to the property of others, public or private, including damage to lakes, ponds, streams or rivers, drainage canals or swales. __Topography of the land and the adverse impact of tree removal on erosion, soil retention and the diversion or increased flow of surface water, which is necessary to use the land while conserving natural resoumes. :0.9. Necessity to remove trees in order to construct proposed improvements to allow economic use of the property, including: Need for access around the. proposed structure for construction equipment (maximum of ten (10) feet). .' Need for access to the building site for construction equipment. Essential grade changes. Land Development Code Page XIV-9 6/2012002 4:14 p~[.tlAl"~l'~'~o ,~.rtl [3[~llC. ll'31~t'~'~e~ ~.~ A [d City of Sebastian ; Chapter IH: Performance Criteria Article XIV: Tree Protection and Landscaping l,O. All. protected and specimen trees that are within the legal front, si.dc and rear setba.c...k.s.., shall reouire a permit to be removed and shall be reolaced with two sirni!..ar trees on public property of mutual consent between the City of Sebastian and the Prooertv Owner, .................................... ~., ...~.. .............. ,.._ : c~t from: __.._.~--:"' ~.~r Applic~t s~l post a copy of ~e pe~t at ~e site prior to comencement of ~bbing, tree ~mv~ or l~d cle~ng. SE~ON ~-3-14,11 COrRaL L~SCAPING ~Q~~S. A. ~ner~ R~men~ for ~~ A~. ~dsca~d ~s shall include a combination of · e foUow~g ~s of m~s: ~ees, s~bs, ~nu~s ~or perennial plants, vines, an~or ~o~d cover. No mm ~ fi~ (50%) pement ~ass shall ~ us~ in the landscape area. The use of e~sfing native vegetation inclu~ng ~und cover, s~bs, and ~es, is s~ongly encouraged. These stud,s sh~l ~so ~ us~ in conjunction wi~ the installation of ~e ~uimd inmfior l~sca~ off-s~t p~g r~uke~nts esmblish~ in S~tion 54-3-14.11.C(1). ~e following ~e co~on plating desi~ concepts that should ~ i~lement~ whenever possible: 1. T~es us~ in ~fo~ ~oupings ~d rows at ~jor f~al points. 2. ~mnsive use of flowemg vines ~ on walls and ~bors. 3. 4. 5. 6. 7. The use of planting to create shadow and patterns against walls. Trees to create canopy and shade, especially in parking areas. The use of flowering trees in informal groups to provide color. Informal massing of colorful plantings. Use of distinctive plants as focal points. Berms, plantings, and low walls to screen parking areas from view of public right-of-way while allowing filter views of larger buildings beyond. The use of trees and plantings to reduce the apparent mass of a building. Inanimate materials commonly used in landscaping such as, but not limited to organic mulches, rocks, pebbles, walls and fences, but excluding paved surfaces, may also be utilized in landscaped areas. Pervious, decorative paving materials and brick pavers may be used in the form of walkways or driveways through landscaped areas; however, off-street parking area paved with such materials Land Development Code Page XIV- I 0 6/20/2002 4:14 PMr~''~r~r~'~ '~'9~ okA,~t,,~r~r~-~ o.nn skA City of Sebastian I Chapter 121I: Performance Criteria Article XIV: Tree Protection and Landscaping shall not be considered landscaped areas. All landscape areas shall be covered by a minimum of seventy-five (75) percent living plant material prior to issuance of the certificate of occupancy. If an existing landscape strip is provided on the adjacent lot, the required landscape strip may be reduced to five (5) feet in width upon the recommendation of the Planning and Growth Management Director and approval of the Planning and Zoning Commission. Perimeter landscape strip. A landscape strip shall be provided on the entire perimeter of all multi-family, commercial, industrial and institutional property, except properties with zero (0) foot setbacks. The landscape strip shall be a minimum of ten (10) feet in width; however, property having a width or depth of fifty feet or less, the required landscape strip maybe reduced to five feet in width. Necessary accessways from public right-of-ways or adjacent parcels through such landscape strip shall be permitted. Landscape strips located in easements may be adjusted upon the recommendation of the Planning and Growth Management Director and City Engineer. Any combination of hedges, landscaped berm or ground cover shall be planted or installed along the entire length of each required landscape strip. In all multi-family residential or commercial districts, the barrier, hedge, or landscape berm shall be a minimum of four (4) feet in height; except in commercial districts, where the barrier, hedge or landscaped berm along sUe. et rights-of-way shall be a minimum of tttree (3) feet in height. In addition, there shall be a minimum of one (1) shrub for each six (6) lineal feet of the requixed landscape strip. Said shrubs may be planted in groupings. When the required perimeter landscape strip coincides with a required off-street parking or parking lot landscaping strip, the perimeter landscaping requirements shall prevail, except a continuous hedge shall be required. In no case shall a landscape strip be required to exceed ten (10) feet in width. Interior landscape requirements. Off-street parking areas. Off-street parking areas shall be landscaped with a minimum of fifteen (15) square feet of landscape area for each parking space. Each landscape area shall be a minimum of fifty square feet in size. Use of Interior landscape strips. Interior parking landscaping shall, insofar as possible, be used to delineate and guide major traffic movement within the parking area and to prevent cross space driving wherever possible. Landscaping dividing strips, with or without walkways, shall be used to subdivide parking areas into parking bays with not more than thirty (30) spaces, provided that no more than fifteen (15) spaces shall be in an uninterrupted row. A portion of the required landscaping for interior parking spaces may be relocated so as to emphasize entrance corridors or special landscaped areas within the general parking area. Parking Lot Landscaping Requirements: Landscaping shall be provided around the perimeter of off-street parking areas, loading areas, or other vehicular use areas pursuant to the following standards: Land Development Code Page XIV- 11 6/20/2002 4:14 PM.5/14/2ff22 City,an Chapter III: Performance Criteria Article XIV: Tree Protection and Landscaping A landscape strip at least 10 feet in width shall be located between the abutting property lines and parking, loading or other vehicular use area except where permitted driveway openings are to be provided. Where drainage or other utility easement exist along property lines, the landscape strip shall be located between the parking, loading or other vehicular use area and the utility or drainage easement. Landscape strips located in easements may be adjusted upon the reconur~ndation of the Planning and Growth Management Director and City Engineer. A hedge shall be planted within the landscape area and shall be a minimum of three (3) feet in height and form a solid and unbroken visual screen immediately upon planting. Parked vehicles may overhang a landscape strip no more than twenty-four (24) inches, provided curbing or other wheel stops are installed to insure no greater overhang of the landscape strip. Landscaping, walls, fences, and earthberms shall be so located as to prevent their damage and/or destruction by overhanging vehicles. E. Specifications for Hying plant materials: Trees: immediately after planting, all' trees shall be a minimum of eight (8) feet in height, have a minimum diameter of one and one-half (PA) inches or a circumference of 4.7 inches DBH, and shall have a minimum of five (5) feet of clear trunk space if necessary to preserve a safe sight distance for traffic safety. Trees shall be of a species having an average mature crown of greater than twenty (20) feet and having trunks that can be maintained with over six (6) feet clear wood. Trees or palms having an average mature crown spread of less than twenty (20) feet may be substituted by grouping the same so as to create the equivalent of a twenty-foot (20) crown spread. Such a grouping shall count as one tree toward meeting the tree requirement for any provisions herein. Fifty (50) percent of the trees shall be native and drought tolerant. If palms are used, they shall constitute no more than thirty-five (35) percent of the total tree requirements for any provisions herein and shall have a minimum of six (6) feet of clear wood. No tree species shall account for more than fifty (50) percent of the total number of trees, Shrubs and hedges. Shrubs and hedges shall be used to complement the tree planting. Individually planted shrubs shall be a minimum of twenty-four (24)inches in height immediately after planting. Shrubs planted for required hedges shall meet the minimum height requirements as established in 54-3-14.11(B) immediately after planting. Additionally, the City encourages and highly recommends all shrubs and hedges be planted in off-set rows in order to create a more immediate visual barrier. Groundcovers. Groundcovers are plants that normally reach a mature height of no more than 24 inches. Rooted cuttings from flats shall be planted no more than 12 inches on center, and containerized woody shrub groundcovers shall be plant~/no more than three (3) feet on center. Groundeovers shall be planted in such a manner as to present a finished Land Development Code Page XIV-12 (0/20/2002 4:14 PM~/~ 4/2~ru~2 '~'n , ma~t t ,~t~r~ t~rm~,xa City of Sebastian Chapter III: Performan~ Criteria Article XIV: Tree Protection and Landscaping Ge¸ appearance and one hundred (100) percent coverage within one year after the issuance of the certificate of occupancy. Vines. Vines shall be a minimum of thirty (30) inches in height immediately after planting and may be used in conjunction with fences, screens and walls to meet physical barrier requirements. Lawn grass, Grass areas shall be planted in species normally grown as permanent lawns in the vicinity of the City of Sebastian, Florida. Grass areas may be sodded, plugged, sprigged or seeded except that solid sod shall be used in swales or other areas subject to erosion. When grass seed is sowed it shall be a variety of seed that produces complete coverage within ninety (90) days from sowing. Quality. All plant materials shall conform to standards for "Florida No. I" or better, as stated in "Grades and Standards for Nursery Plants," Part I (1973) and Part 12I (1975),. State of Florida, Department of Agriculture and Consumer Affairs, as amended. Grass sod shall be clean and reasonably free of noxious pests or diseases. 7. Synthetic plants. Synthetic or artificial material in the form of trees, shrubs, ground covers or vines shall not be used in lieu of plant requirements in this article. Existing Native Vegetation. The site plan shall include a description of the existing, natural vegetation. The natural vegetation should be incorporated into the landscape plan. Where such natural vegetation is to be used, proleetive barriers shall be installed prior to land clearing. Protection of Landscape Strips. All landscape strips shall be protected from vehicular encroachment by raised curbing. Where such strips abut parking stalls, raised wheel stops shall be required to protect the landscape strips. Berms. Berms are encouraged for use in meeting the landscape barrier requirements of this article. ff berms are utilized, they shall be landscaped with living plant material to achieve the required heights. Maintenance Requirements. Landscape areas shall be permanently maintained including watering, weeding, pruning, trimming, edging, fertilizing, insect control, and replacement of plant materials and irrigation equipment as needed to preserve the health and appearance of plant materials. Maintenance of landscaping shall be the responsibility of the owner, tenant or agent, jointly and severally. Said landscaping shall be maintained in a good condition so as to present a healthy, neat and orderly appearance. All landscaped areas must be equipped with an irrigation system approved by the city engineer. All landscaped areas shall be kept free of weeds, refuse and debris. If at any time after issuance of a certificate of occupancy or other form of approval, the landscaping of a development to which this article is applicable is found to be in nonconformance, the Building Director shall issue notice to the owner that action is required to comply with this section and shall describe what action is required to comply. The owner, tenant or agent shall have thirty (30) days to restore the landscaping as required. If the landscaping is not restored within the allotted time, such person shall be in violation of this code, the punishment for which shall be as provided pursuant to section 1-10 of the City of Sebastian Code of Ordinances. Land D~velopment Code Page X. IV- 13 6/20/2002 4:14 PM City of Sebastian Chaptcr III: Performance Criteria Article X~V: Tree Protection and Landscaping SECTION 54-3-14.12 A. COMMERCIAL LANDSCAPE PLAN REQUIREMENTS. Landscape plan components. A landscape plan shall be submitted to and approved by the Growth Management Department as part of the site plan application. The landscape plan shall contain the following: 1. Name, address and phone number of the owner and landscape architect or other person with similar qualifications in the field of landscape design. 2. North arrow, scale and date; minimum scale of one inch equals fifty (50) feet. 3. Property lines, easements and rights-of-way with internal and property line dimensions. 4. Location of existing or proposed underground and overhead utility service. 5. Location and size of any existing or proposed structures. 6. Location and size of any existing or prOPosed site features, such as earthen mounds, swales, fences, walls and water areas. Location and size of any existing or proposed vehicular use areas. Location and size of any existing or proposed sidewalks, curbs and wheel stops. A description of the irrigation system as required by Section 54-3-14.13. Calculadons of required type, dimensions and square footage of landscape material and of required landscape areas, including: total site area, parking areas, percentage of nonvehicular open space, perimeter and interior landscape strips, and required number of trees. 11. Location, dimensions and square footage of required landscape areas. 12. Location, name, height and size of all existing plant material to be retained. 13. Location, size, height and description of all landscape material including name, quantity, quality, spacing and specified size and specification of all plant material. 14. Height, width, type, material and location of all barriers of nonliving material. 15. Location, dimensions and area of landscaping for freestanding signs. 16. Show all landscaping, buildings or other improvements on adjacent property within five (5) feet of the common property line. 17. ff the site has been filled, identify what soil improvements will be implemented to ensure the viability of the landscaping. 8. 9. 10. Land Developrn~nt Code Page XIV-14 6/2012002 4~ !4 pM ............. PM~I2~2 9:~ AM City of Sebastian Chapter HI: Performance Criteria Article XIV: Tree Protection and Landscaping The landscaping plan shall be drawn by a landscape architect or other person with comparable qualification in the field of landscaping. Be Review and approval procedure. Landscape plans shall be reviewed and approved at the time of site plan approval. A representative of the Planning and Ca'owth Management Department shall inspect all landscaping and the certificate of occupancy shall not be issued until the landscaping is completed in accordance with the approved site plan and the requirements of this section. SECTION 54-3-14.13 COM3~RCIAL IRRIGATION STANDARDS. All multi-family, commercial, industrial, and institutional sites shall provide a permanent irrigation system for all landscape areas. Ail irrigation systems shall be designed to avoid surface runoff, overspray, or similar conditions where water flows onto adjacent property, non-irrigated areas, walks, roadways, or structures. Irrigation systems shall use drip, trickle, low flow sprinkler heads or any other recognized method of low volurne, high efficiency irrigation and shall be designed to apply water uniformly over the irrigated area. C, Irrigation systems design flows shall meet peak irrigation requirements of the plant material. D. Sprinkler spacing should not exceed manufacturer's recommendations. F. Special attention shall be given to avoid erosion due to runoff on slopes. Rain sensing override devices shall be required on all automatic irrigation systems. Soil moisture sensing devices are encouraged. For those sites where the installation of reclaimed water system is feasible and meets all regulatory requirements, such a system shall be installed. Where such reclaimed water is not available, well water should be used. Any irrigation system connected to the drinking water supply shall have a cross connection devices approved by the Indian River County Utilities Department. Irrigation shall only occur during those times permitted by the City of Sebastian and the St. Johns River Water Management District. I. A maintenance plan shall be provided. SECTION 54-3-14.14 TREE PROTECTION STANDARDS. Application before certain activities; removal of undesirable trees; provision of homeowner's packet; replacement of certain trees. Prior to grubbing, land clearing or removing any protected and specimen trees within the city limits of Sebastian, a person shall make application to the Building Department for the appropriate pe .trait. All prohibited or undesirable exotic trees must be removed by the developer at the time of clearing. The department shall provide to each permit applicant a "homeowner's packet" that includes, at a minimum, information and techniques relating to the protection of trees during land preparation for Land Development Code Page XIV. 15 6/20/2002 4:14 PM6/! d/209~! PM S! ! Z~r~2 9:?2 AM City of Sebastian Chapter HI: Performance Criteria Art/cie XIV: Tree Protection and Landscaping construction or construction activities, The owner of the lot must sign the application which acknowledges receipt of a "homeowner' s packet" regarding tree protection. All protected trees, specimen trees and historic trees destroyed or removed without a permit shall be rephced by two e tree4 with a minimum height of twelve (12) feet. The cost of replacing protected, specimen or historic trees shall be incurred by the party responsible for the removal or destruction. Violation of any of the provisions of this article or the conditions of a permit issued hereunder shall be unlawful. Any person and/or legal entity violating any of the provisions of this article or the conditions of a permit issued hereunder shall, upon conviction, be punished as provided in Section 1-10 of the Code of Ordinances. Tree Protection Barricades. Prior to development or construction activity, the developer shall erect suitable brightly colored tree protection barricades, a minimum four feet tall, around all trees to be preserved and shall remain in place until the construction activities are completed. The area within the tree protection barricade shall remain free of all building materials, din or other consmacfion debris, vehicles and development activities. Barricades shall be erec~ at a minimum distance from the base of the trees to be preserved, historic trees and specimen trees according to the following standards: For trees ten (10) inches or less DBH. Tree protection barricades shall be placed a minimum distance of five (5) feet from the base of each tree to be protected. For trees greater than ten (10) inches DBH. Protective barricades shall be placed at a minimum distance of ten (10) feet from the base of each tree to be protected. For Historic and specimen trees. Protective barricades shall be placed at a minimum distance of ten (10) feet from the base. of the historic or specimen tree plus an additional one (1) foot for each additional inch DBH greater than ten (10) inches. Changes to grade or construction of impervious surface or utilities within the required prot~tive barricade shall be permitted subject to the following guidelines: Changes in grade or construction within the protected zone must be approved by the Building Director prior to beginning construction. Plans must be submitted which illustrate in detail protective measures necessary to protect the trees. Impervious surfaces shall rna/n~ minimum clearance from the bases of all trees to be protected. Trees fifteen (15) inches DBH or less shall have a minimum clearance of six (6) feet. Trees over fifteen inches DBH up to twenty (20) inches DBH shall have a minimum clearance of nine feet. Historic and specimen trees shall have a minimum clearance of twelve (12) feet. All roots outside the protective barricade to be removed during construction shall be severed clean. Land Development Code Page XIV- 16 6/20/2002 4:14 PMS/i~2~r~9~2 2:91 P.~A~JI'~d2~t29~2 9:~29~ AM Cit~ of Sebastian Chapter 11I: Performance Criteria Article.. XiV:., Tree Protection and Landscaping All pruning of historic and specimen trees shall be done by a qualified tree service during construction. Restriction of attachments to historic or Sl~cimen trees. It shall be unlawful to attach anything to a proteet~l, historic, or specimen tree other than supportive wires, braces or other similar noninjurious materials. Removal of material or ground prohibited. It shall be unlawful to remove any material or ground within a ten (10) foot radius of any protected, historic or specimen tree. Restriction as to harmful materials. The developer or property owner shall not cause or allow the disposal of waste material such as paint, oil, solvents, asphalt, concrete, mortar or any other material harmful to the life of a protected, specimen or historic tree within the dripline of such tree or groups of trees. SECTION $4-3-14.15 EXEMPTIONS TO TREE PROTECTION STANDARDS. During the period of any emergency proclaimed by the governor of the State of Florida, the City Council of the City of Sebastian or the mayor of the City of Sebastian as provided within the City Charter, all requirements of this article may be temporarily suspended by the City Manager for the period of time required by private or city work forces to remove hazardous trees or clear public thoroughfares. All properly licensed plant or tree nurseries shall be exempt from the provisions of this article only in relation to the trees growing on the premises of the nursery and so planted or growing for the sale or intended sale to the general public in the ordinary course of the licensee' s business. SECTION 54.3-14.16 SCREENING AND BUFFER YARD REQUIREMENTS. Required screening of abutting residential and nonresidential uses. In order to maintain stability of residential areas, nonresidential development within or abutting residential districts and multiple-family development abutting single-family residential districts shall provide a wall, fence, landscaped earth berm, planted vegetation, or existing vegetation, or any combination thereof so as to provide a continuous ninety (90) percent opaque solid screen not less than five (5) feet in height to form a continuous screen along such abutting property lines. In addition, one tree shall be provided for each twenty-five (25) lineal feet or fraction thereof of such landscape barrier. Notwithstanding, all developments shall comply with the landscape requirements of this code. Where a conflict exists with the standards of this paragraph, the more restrictive requirement shall prevail. Credit may be given for existing plant material against the requirements of this section. Adjustments may be rendered by the Planning and Zoning Commission to the requirements of this paragraph based on demonstrated ne. exl by the applicant. Land Dovelopraent Code Page X. IV- 17 6/20/2002 4:14 PM ~' I ~/2C~2 2:01 PM~! ! 2~722 9:99 AM City of Sebastia~ Chapter 11I: Performance Criteria Article XIV: Tree Protection and Landscaping J ground cover (preferably native species) in .addition to the required screening materials and trees. The landscape strip shall contain no parking area or stormwater management. Tree Plantings Required As Intermittent Obstructions. Ali screen types ("A", "B", or "C") shall include one (1) tree for each twenty-five (25) lineal feet or fraction thereof of screen length. Such trees shall satisfy the requirements for intermittent visual obstructions for all types of screens. The above trees are in addition to the trees required under the commercial tree requirements above. All trees required by this provision shall be planted in the buffer strip. Trees shall be planted to maximize screening effect. Grading of Berms. Whenever berms are utilized, they shall be constructed with a grade not to exceed one (1) foot vertical to three (3) feet horizontal (1:3 slope) with.a four foot wide flat top for plantings.-:, If berms are used in satisfying the screening and buffering requirements, they shall be landscaped with p!antwith.plant material, preferably native, to achieve the required heights. Quality and Maintenance of Plant Materials. All plant materials utilized to fulfill the requirements of this section shall be cold tolerant and shall meet criteria of section 54- 14.11.E(6). of this ordinance. No plant species prohibited pursuant to secti°n 54-14.5 shall be permitted in satisfying requirements of this article. Synthetic or artificial material in the form of trees, shrubs, vines, ground cover or artificial turf shall not be used in lieu of plant requirements in this section. All landscape screening and buffering shall be maintained pursuant to requirements of section 54-14.16 of this ordinance. Credit Towards Other Required Landscaping, Where the landscaping provided under this section meets the requirements of other provisions of this ordinance, such landscaping may be credited toward fulfilling those requirements, with the exception of any required recreational open space. Front yards, Visibility Triangles. The above standards notwithstanding, no screening shall be required which conflicts with front yard fence or wall height limitations or required visibility triangles. Maintenance, Landscape areas shall be permanently maintained including watering, weeding, pruning, trimming, edging, fertilizing, insect control, and replacement of plant materials and irrigation equipment as needed to preserve the health and appearance of plant materials. Maintenance of landscaping shall be the responsibility of the owner, tenant or agent, jointly and severally. Said landscaping shall be maintained in a good condition so as to present a healthy, neat and orderly appearance. All landscaped areas must be equipped with an irrigation system approved by .the city engineer. All landscaped areas shall be kept free of weeds, refuse and debris. If at any time. after issuance of a certificate of occupancy or other form of approval, the landscaping of a development to which this article is applicable is found to be in nonconformance, the Building Director shall issue notice to the owner that action is land Development Code Page XIV- 19 6/20/2002..4:...!.~ PM.~/!~!2C~2 2:9 ! PM~/I 2~C~2~2 9:C2D AM City of Sebastian Chapter III: Performance Criteria Article XIV: Tree Protection and Landscaping required to comply with this section and shall describe what action is required to comply. The owner, tenant or agent shall have thirty (30) days to restore the landscaping as required. If the landscaping is not restored within the allotted time, such person shall be in violation of this code, the punishment for which shall be as provided pursuant to section 1- 10 of the City of Sebastian Code of Ordinances. SECTION 54-3-14.17 TREE AND LANDSCAPE ADVISORY BOARD. Them is hereby created a Tree and Landscape Advisory Board, which shall provide'advice to the City Council ~ r~ue:t~ by the Cct:nci! on care of trees and landscaping within city limits,c~n city prope,:~, preservation of historic trees, proposed planting of trees or landscaping within cit~ ~_ r,: ............ maintain and enhance the urban forest and related........r.e.s..o, urces, proposed v,, ~'~J I-"Vl''v'~J' an~n~nB to this Tree Protection and Landscape Ordinance, and such other matters as required ~ by the City Council from time to time. The Tree and Landscape Advisory Board shall consist of five regular members and two alternate members. Each member shall be a resident of the City and shall be appointed by the City Council. Members shall serve without compensation. All members shall be appointed to three-year terms. C. Vacancies shall be filled by action of the City Council. Meetings shall be held on the first Monday of each month in City Council Chambers at 5~30 pm. a~ ~" i'"' ............. ~ ~ ~' *'~'~'~ ~J ~"~ ~'~J ~ .......... ~ ...... ~'-q"'~'~ ~ *~ I Oualifications: Resident of the Ci.[~.. of Sebastian with an interest in know!edge of and/or advocation of the urban forest. Responsibilities: Develop and help facilitate a plan for the development,, conservation., enhanceme.nt and care of the urban forest and related resources and their relationship to the human and physical environment of the City. Activities: Review and u[xlate as necessary, the Tree Protection and Landscaping Code of the City of Sebastian. Develop and implement a Main Street USA landscavin~ Dian. Coordinate, conduct ,: or participate in the City's Arbor Day a...n..d/or Earth Day celebrations and any other event t~Citv Council deems aDorox)riate. Land Development Code Page XIV-20 6/20/2002 4:14 PMr-2I 4~tL~0~2 2:0 ] City of SebaStian City of Sebastian, Florida Subject: Bid Award Schumann Drive Irrigation pprov d for Agenda No. (~) Department Origin~Public Dept. Head. ~~ ~ . General ServieeSi Date Submitted: 06/18/02 For Agenda of: 06/26/02 Exhibits: Cost Estimate EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: $49,732.44 $ REQUIRED: $49,732.44 SUlVIMARY As previously reported to City Council May 22, 2002, this project was bid in May with only one response for $91,000 from C.W. Irrigation, Sebastian, with the provision they could not start work until October 2002, hence, Staff decided to re-bid this project. Therefore, Sealed Bids were once again solicited for an irrigation system in the Schumann Drive medians for the second time and Rain_forest Irrigation was the sole bidder, with a bid of $49,732.44 which is a very substantial reduction over C.W. Irrigation bid mentioned above. References for the company were checked and were all-positive. Staff recommends approval of the bid award to P~nforest in the amount of $49,732.44. RECOM1VIENDATION Move to approve the bid award to Kainforest Irrigation in the mount of $49,732.44 for the irrigation system in the Schumann Drive medians and appropriate funds. RAINFOREST IRRIGATION SUB: HOMELAND" IRRIGATION' CENTER ~' ' :" '" 125 43rd AvenUe Veto Beach/FL ~2968 ~ . '': PHONE:S&?.-7229 N ,NaE;:'::.'' i~lCityof Sebastian ' ADDRESS: 1225 Main Street Sebastian STATE: FL T;I ~PHONE: 772-589-0743 : ATTENTION: Jesus Vleim, i p .R..OdEGT: Schumann Drive In-igation 854 854 2 2 3 14 14 1 2 10,800 5,000 1 1 3,860 1 1 NOTE:.. coNTRAcT/PROPOSAL PROPOSAL NUMBER PROPOSAL DATE WORK DATA COMPLETION DATA TERMS EXPIRATION DATE WORK ADDRESS REVISE DATE P.O.# Spray heads 6" or 12" Pipe, and fittinga Rain aeneas Pumps 3 hp clmtrlf~gal single pllale 260 vol. pump ,Jlert imd.ldlgtrloal wiring Filter units 2" Ble¢~rtoal um~tmi valves 1 1/2"i fltenga, am:l ~l~lva boxes i Road oroasing 6, pipe sleeva Wells 3" artesian Fiber gle~B pump incdosuree Electricol control wire 14 gage Electltcal contnd wire 12 gege common Controller 4 zone Ralebird Controller 12 zone Rainblrd Main line 3" COncrete slab by City of Sebi~itlen 4432 17-Jun-02 Pipe =lesles ~/4' 200 PR. 1" 200 PR, 1 114" 160 PR, 1 1/2" 160 PR, 2" 160 PR, and 3" 160 PR. Questions concerning this proposal? Call: 569-3002 13.22 35.00 1,420.00 75.00 105.00 620.00 4,180,O0 685.00 0.18 0.22 lS8.oo 342.00 0.00 0.00 SUBTOTAl MAKE ALL CHECKS PAYABLE TC 7,378.56 11 ~89.88 70.00 2,840.00 225.00 1,470.00 8,680.00 4,180.00: 1,370.00 1,944.00 1,100.00 158.00 342.00 8,685.00 0.00 0.00 49,732.44 $4g,732.44 PAYTH~ RAINFOREST..IRRIGATiON": ./: ." AMOUNT 125 43rd Avenue Veto Beach,'FL.32968 AppRovED BY: ....... THANK YOU FOR YOUR BUSINESSI Cit ,. of Sebastian, Florida Subj eot: Bid Award City Hall Painting ~l~pprov_ed~r Submittal by: Agenda No. 0 ~. /,:~ q Department O rig~;~P u b~ ¢ _W/o~r,k~/~ D.ept. Head: ~'~ (~.~ . General Se~as: ~C/~-~,~ .. Da~ Sub.Red: 06/19/02 For Agenda of: 06/26/02 · Exhibits: Bid Tabulation EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: $12,500 $ 12,500 REQUIRED: None Sl. qVlMARY In order to preserve the City Hall Building from water related damage, it has been determined, as a preventative maintenance measure to paint the building with a elas~omeric type paint which will seal the stuccO from water intrusion, and at the same time provide good aesthetic value to the building. Therefore, 'Sealed Bids were solicited for the painting of City Hall and the lowest bidder was R.E. Steele Painting, Vero Beach, in the amount of $12,500. References were checked and all references were Satisfactory. At this time we are not recommending that the option for the stairway painting be approved since the historical restoration of City Hall may require removal of one of~ae stairways during construction. RECOMMENDATION Move to approve the bid award to R. E. Steele Painting in the amount of $12,500 for the painting of City Hall. Subject: interlocal Agreement for Joint Use of Ball fields Department Origin: Date Submitted: 06-20-02 For Agenda of: 06-26-02 Exhibit: Proposed Interlocal Agreement for Joint Use of Ball fields, between the City of Sebastian and the School District of Indian River County, Florida EXPENDITURE REQUIRED: [ AMOUNT BUDGETED: APPROPRIATION REQUIRED: N/A J NIX N/A .s Y The proposed Interlocal Agr~ between the City of Sebastian and the SchOol Distd"~ of Inrlisn River County, FL permits the use of school district property to be utilized by residents of the City of Sebastian for additional Outdoor active recreation oppommities. RECOMMENDED ACTION Move to approve and authorize the City Manager to execute the Interlocal Agreement for Joint Use of Ball fields permitting the use of school district property to be utilized by residents of the City of Sebastian for additional outdoor active recreation opportunities. THIS iNTER,LOCAL AOI~~ ~ntered into this ~ day of, lua&, 2002, betwe~'l th~ CITY OlF SBBASTIA~, a Florida municipal corlx~ratio~ (hea~naft~ called "C-Tr~'), and thc SCHOOL DISTRICT O1~ INDIAN ~ COUNTY, FlORiDA, a part of thc Stat~ of Florida Sys~n of Public Bduoafiorl, by and through its S~hool Board (hereinafter called "school boat'd"), provides that ~, the Plorida iute~, local C. ooporation Aot of 1969 grants the pa~¢s thc authority to en~ in~o intcriocal ~ts; and ~S, it is public policy in the $~ of Flori~ that school boards and other local ~vcmments are ~couraged to enf~r i~ ~nts for the joint use of facilities, espccially ~..~.reational facilities; end WHHRP_.,AS, the public is well served ltn'ou~ such joint use agreements through maximum use of facilities purchased with tax. dollars; and WI-IERBAS, the SCHOOL BOARD has land $~t aside fa use as "sand-lot" ballficlds for the recreatioual minds of its stu~len~s, and thc CITY has a ftmding source available for improvements of these fields to recreatiollal league sr~mdards; and WHBItltA$, it Will be of muu~:beuef~ ~o the SCHOOL BOARD end r.h¢ CTrY ~o impl'ov¢ these fields id a coo~ye effor~ ~o bctte~ serve their' respec~i¥¢ conslituenciCs; TPIIiF,.I~ORF.., IN AND FOR CONSIDERATION of the mutual benefits and ta'omises provided he~min, the sufficiency of, whiCh is hcreby acknowledt~l by the parties, it is a~l; · 1. CITY shall clesi~u, in coc~ination With the designee of the Superinlm~dcnt improvements for two baseball/so~all fields si each campus for both Sebastian Elementary and Pelican Island Blelllents~ in the ~meral locsiions shown in ~¢ auache~ Composite Exhibit "A'. Said hnpt'ovements are anlicipsied to include backstops and fancius, bases end improved infield surfaces, bleachel's, scoreboard, end where appropriau~, lishtins. 2. Upon ~q~l~OV~ of the plans for s~d improvem~t$ bY SCHOOL BOARD, ~g ~ ~ ~ tn ~ school c~ ~d ~h~l ~ c~n~ ~ ~ sho~ m ~~te ~t"A: for = p~ of ~ (11) ~ co=~g~ 1, ~2, ~~, ~= ~e ~1 ~ =v~ ~o y~ by mu~ ~~t ~ve e~h O~o~ 1*t ~less S~OOL BO~ ~ves w~ nO6ce by ~e ~ Aunt l't ~ its ~~ ~ not ~w ~ s~. ~ ~e un~ ~s li~ ~ ~ to ho~ wh~ ~1 ~ not in ses~ at s~d f~6es, it ~ ~a a~ t~ ~ ~hool ho~ S~OOL BO~ ~ ha~ ~ ~ of ~ ~ent ~d ~~ p~ a s~d fi~ by ~. 4. $~L BO~ ~a~ mow &e fiel~ ~ p~ of im ~ la~ m~n~ ~d ~ of ~1 ~pm~t ~d f~W up~ p~ed u~ &e fi~& 5. ~ ~ pay, wi~n &e ~ ~low~ for pa~t wi~ ~, ~ 6, Bo~ S~OOL BO~ ~d ~ sh~ ~~ in w~g a ~ w 7, U~n fi~ ~fi~ of ~e ~c~c ~ h~~, ~ ~ ~ ~6on ~ it w~ ~or ~ ~ ~u~, s~k f~ i~ ~~ us ~ a school~. 8, ~ sh~ ex~d Ba~W cov~ to ~clu~ ~ f~6es ~~ p~u~ to ~ ~ of ~ ~~ ~d ~ n~ ~e S~OOL BO~ ~ ~ 9, F.,a~h party shsll be rc~msibl~ for its own nel~tl~ence, if any. Neither party waives its sovel'ci~ immunity. N~ither part~ agrees to indemnify or insm'e the other psrty for ute other pm~y's ~egligence or to assume any liabilivy for the othe~ patx'y's neglig~ce. 10. It is s~ticipatvd that C1TY'may entzr in~o agre~nents with youth sports leagues for use of the facilities subject to this licens~ fo~ their inten0ed purposes as bZllfi~lds. Other~s~, CITY shsll not assigr~, sublease or transfer any part of this license for use wig. out the written ~onsent of SCHOOL BOARD, which may b~ wi~eld for any AGP. I~D ~o on the date first s~nt for~ ~bove. ~ OF $~ASTIAN, A Plor~da municipal corporatio~ Approved as to Form and Co, tent for Reliance by the City of Sebastian Only: Tm-r~ce R. Moore, City Manager Rich 5~nger, CiVy Attorney Attar: Sally A. Ma/o, CMC Cit~ Cl~rk (S al) SCHOOL DISTRICT OF IND~ ~ COUNTY, FLORIDA By its SCHOOL BOARD Att~t: Dr. Rog~ De~ng 5upe~te~d~t of Sohool~ Subject: Resolution No. R-02-28 Authorize City Manager to execute Five (5) Year Lease Agreement With Siemens Financial Services, Inc, for Phone Equipment. City of Sebastian, Florida Agenda No. O2./~-J [ Department Origin: Finance Date Submitted: June 20, 2002 For Agenda of: June 26, 2002 Exhibits: 1. Resolution Bio R-02-28 ..... 2. Copy of L~,,m,,,e ..... EXPENDITURE ' REQUIRe, D: N/A AMOUNT BUDGETED: N/A IAPPROPRIATION REQUIRED: N/A SUMMARY In July 2001, the Finauce Department set out to replace the phone system the City currently u~.es. Staffhad determined that the cost of the phone service for three different phone systems and the maintenance associated with them could be cut by 15% to 20% via a consolidation of the phone system under one vendor. With the addition of an Management Information Systems Manager, staff analyzed both traditional phone systems and a new type of system that had been in the market for the past several years called Voice Over Interact Protocol (VOI~). VOIP consists of using the existing network system for both data and for voice. This system reduces the need for separate wall jacks for phone lines mad uses the existing computer lines for the system Staff crea~ed a committee consisting of one member from each department~division to analyze options regarding the phone system with the overriding criteria of cost savings. Over the course of the next nine months, v~ious systems were demonstrated and reviewed resulting in the city receiving ten separate quotes from eight companies based upon a nee& criteria and scope of work The quotes ranged fi.om the traditional to a pure VOIP system After reviewing the quotes and coraparing thc companies to various state and local contracts as well as the cost savings that will be enjoyed, Staff recomme~ls the Siemens solution for combining the phone system using a hybrid of traditional phone lines ami VOIP. Siemens is trader State Contract for the services. Following is au es*/m~te of the savings that will be accrued over the next five years. Siemens Phone System Fiscal Total Telephone Equipment Year Telephone ~ervice Maintenance Dele Total ~ 2003 75,514.51 30,000.00 630.00 30,769.44 61,399.44 14,215.07 2004 77,882.95' 30,900.00 630.00 30,769.44 62,299.44 15,:583.51 2005 80,219.44 31,827.00 630.00 30,769.44 63,226.44 16,993.00 2006 82,626.02 32,781.81 630.00 30,769.44 64,181.25 18,a.'!A.77 2007 85,104.80 33,765.26 630.00 30,769.44 65,164.70 19,940.10 Totals 401,447;,~,3 159,274.07 3,150.00 153,847.20 ~ 8~,176.4,5 In order to take advantage of this system and to keep the up-front costs low, staffreconm~ends entc'ring into capital lease agreement with Siem~as Financial S~'icas, Inc. to finance the equipment. This lease agrcemcnt is for five yeats with an interest cost of $17,935.17. Even with the interest cost, the City will accrue substantial savings associated with the phone system A draft work plan is in the Finance office for review. Its size makes it impractical to include in the agenda. Following is a summ~ of the draft plan: 1. Cotmeil authorizes capital lease agreement, 2. Meeting with all parties to develop rough outline of time for implementafioa, milestone points, training schedules, cutover point and acceptance. 3. Progress meetings weekly duriag in,~fllation and training. 4. Final acceptance of system RECOMMEND. E. ,D.,. ACTION Move to approve Resolution R-02-28 authorizing the City Manager to execute capi*al lease agreement with Siemem Financial Services, Iue. for phone equipment under State ConWaet numbers 974-026-02-01 and 730-650-99-1. RESOLUTION NO. R-02-28 A RESOLLrrlON OF THE CITY COUNCIL OF TI-IF, CITY OF SEBASTIAN, FLORID.&, AI.r'fHORIZING THE LEASE- FINANCING OF CERTAIN TELEPHONE EQUIPMENT THROUGH EXECUTION OF A LEASE-PURCHASE AGREEMENT WiTH SIEMENS FINANCIAL SERVICES, INC.; PROVIDING FOR THE PAYMENT OF THE LEASE PAYM2ENTS; MAKING CERTAIN OTI~.R COVENANTS AND AGREEMENTS IN CONNECTION TI~RE~H; AND PROVIDING AN EFFECTIVE DATE. WltEREAS, the City Council of the City of Sebastiaxt, Florida has reviewed and determined its anticipated equipment requirements; and ~REAS, the City Council has det~ir~ed it is in its best interest to acquire the equipment described in the Lease Purchase Agreement with Siemens Financial S~vices, Inc., a copy of which is attached hereto as Exhibit A, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE. CITY OF SEBASTIAN, FLORIDA: Section 1: Authority for this Resolution. This Resolution is adopted pursuant to the Constitution and laws of the State of Florida, including particularly Chapter 166, Part lJ., Florida Statutes, and other applicable provisions of law. (hereinatter collectively referred to as the ."Act"). Section 2: Authorization of Equipment. The lease-financing oft he Equipment. is'hereby authorized, pursuant to the provisions of a Lease-Purchase Agreement attached hereto as Exhibit A. Section 3: Approval of Lease-Purch0se Agreement. The Lessee hereby authorizes and directs its City Manager to execute.and deliver, and the City Clerk of the Lessee to attest under the seal of the Lessee, a Lease-Purchase Agreement, all of the provisions of which, when executed and delivered by the Lessee as authorized herein and by the Siemens Financial S~'ices, Inc., shall be deemed to be a part of this Resolution as fully and to the same extent as if incorporated verbatim herein. The Lease Purchase Agreement shall be in such form as approved bythe City Manager, such approval to be conclusively presumed by the execution thereof. The rent payments to be paid under the Lease-Purchase Agreement and the other terms of the Lease-Purchase Agreement shall be consistent with the Lease Purchase Agreement attached hereto as Exhibit A. S~ction 4: Desim~ation as Onalified Small Iss.u..,~ 0bligation. The Lessee (including all subordinate entities which issue tax-exempt debt on behalf of the Lessee) does not reasonably anticipate issuing tax-exempt obhgations in excess of $10,000,000 during the current calendar year. The Lessee does hereby designate the obligation to lease the Equipment pursuant to the Lease- OR103185;1 Purchase Agreement as a q~a!ified tax-exempt obligation undgr Section 265(b)(3) of the Internal Revenue Code of 1986. Section. 5: Further Action. The proper officers of the Lessee are hereby authorized, empowered and directed to take all such further action audto execute such additional documents as they deem advisable to carry out the purposes of this Resolution. ~ection 5: Severabilitv of Invalid Provisions. If any one or more of the covenants, agreements or provisions contained in this Resolution or the Lease-Purchase Agreement, or any other document or agregtnent hereby authorized shall be held contrary to any express provision of law, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions'shall be null and void and shall be deemed separable from the remaining covenants, agreements or provisions and shall in no way affect the validity of any of the other provisions hereof or of the Lease-Purchase Agregtnent, or any other document or agreement hereby authorized. Section ?: Benefit of Resolution L~m~ted. Except as herein otherwise expressly provided, nothing in this Kesolufion~ express or implied, is intended or shall be. conslrued to confer upon any person, firm or corporation other than the Leasee and Siemens Financial Services, Inc. (or its assigns) any fight, remedy or claim, legal or equitable, under or by reason of this ResOlution or any provision thereof, this Resolution and all its provisions being intended to be and being for the sole and exclusive benefit of the Lessee and Siemens Financial S~wices, Inc. (or its assi~). Section 11: Successors and Assi~m. 'Ail the covenants, promises and agreements in this Resolution contained by or on behalf of the Lessee shall bind and inure to the benefit of its successors and assigns, whether so expressed or not. ~: R~t Clause. All resolutions, or parts thereof; or other official actions of the Lessee in conflict with the provisions herein contained are, to the extent of such conflict, hereby superseded and repealed. Section 13: ~e Date. This Resolution shall take effect immediately upon adoption. The foregoing Resolution was moved for adoption by Councilmember . The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor James Hill Councilmember Joe Barczyk Councilmember Ray Coniglio Councilmember Edward J. Majcher, Jr. ORlO3185;X SIEMENS FINANCIAL SERVICES LEASE PURCHASE AGREEMENT NO. 630-0015231-001 This Lease Purchase Agreement is entered into as of July 30, 2002 (the"Lease") by and between Siemens Financial Services, as lessor ("Lessor"), and City of 'Sebastian, Florida as lessee ("Lessee"). 1. Agreement to Lease. Lessor agrees to lease to Lessee, and Lessee agra.es'to lease from Lessor, the equipment (the "Equipment")described in Exhibit A attached hereto in accordance with the terms and conditions set forth in this Lease. 2. Term. This Lease will become effective upon the date and yeai'first set forth above. The term of this Lease (hereinafter the "Lease Term") will commence on the date the Lessee executes an Acceptance Certificate substantially in the form attached hereto as Exhibit C.. 3. Acquisition Of Equipment. Lessee hereby assigns to. Lessor all of Lessee's right, tire and interest in and under the purchase contract(s) (the "Purchase Contract") for the acquisition of the Equipment save and excePt fights or remedies which Lessee might have pursuant to the Purchase Contract with regard to delay in delivery or failure to deliver the Equipment pursuant to the Purchase Contract. 4. Lessee to Act as Agent. Lessor hereby irrevocably appoints Lessee as its agent in connection with the acquisition and installation of the Equipment in accordance with the Purchase Contract and such plans and specifications, if any, as shall be approved by LesSee. Lessee confirms that, as agent of Lessor, it shall cause the acquisition and 'installation of the Equipment to be completed as soon as reasonably .practicable and in accordance with this Lease and any applicable requirements of governmental authorities. · 5. Rent. Lessee agrees to pay to Lessor or its assignee the lease payments including the interest thereon (herein the "Lease Payments"), equal to the amounts specified in Exhibit B. The Lease payments will be payable without notice or demand at the office of the Lessor (or such other place as Lessor or its assignee may from time to time designate in writing) and will commence on the first lease payment date (the "Lease Payment Date") as set forth in Exhibit B and continue thereafter on the dates set forth in Exhibit B. Any payments received late'r than ten (10) days from the due date will bear interest at the lesser of 16% per annum or the highest lawful rate from the due date. Except as specifically provided in Section 8 hereof, the Lease Payments Will be absolute and unconditional in all events and will not be subject to any set-off, defense, counterclaim, or recoupment for any reason whatsoever. Lessee reasonably believes that funds can be obtained sufficient to make all Lease Payments during the Lease Term and 'hereby Page 1 of 13 Siemens Financial Services, Inc. 200 Somerset Corporate Blvd. Bridgewater, NJ 08807-2843 Tel; {908) 429-61X)0 Toll Free: (800) 327-4443 www. siemensfinanciaLcom covenants that its staff shall propedy request funds from Lessee's goveming body from which Lease Payments may be made, including making provision for such payments to the extent necessary in each budget submitted to its governing body for consideration; provided, however, that nothing in this Lease shall be construed to create an indebtedness or commitment of funds other than current revenues of the Lessee. it is Lessee's intent to make Lease Payments for the full Lease Term if funds are legally available therefor and in that regard Lessee represents that the use of the Equipment is essential to its proper, efficient and economic operation. Lease Payments have been calculated based upon current tax law and Internal Revenue Service (the "IRS") revenue procedures. If in the Opinion of Lessor's counsel, Lessor is no longer entitled to exclude the interest portion of the Lease Payments from its gross income for federal income tax purposes due to an amendment to, or replacement of, the Internal Revenue Code of 1986, as amended (the "Code"), Lessor, at Lessor's option, will either recalculate the Lease Payments for the remaining term of the Lease or extend the original term of the Lease, as permitted by law, to protect the Lessor's originally anticipated after tax yield. Such recaiculations shall be on the basis that the interest portion, of the Lease Payments is subject to income tax at the highest marginal corporate.tax rate. The Lessor will prepare and furnish to the Lessee a revised Exhibit B. 6. Delivery and Acceptance. Lessee, as Lessor's agent, will cause the Equipment to be delivered to Lessee at the location specified in Exhibit A ("Equipment Location" or"State of EquiPment Location"). Lessee will pay all transportation and other costs, if any, incurred in connection with delivery of the. Equipment. Lessee will accept the Equipment as soon as it has been delivered and is' operational. Lessee will evidence its acceptance of the Equipment by executing and delivering to Lessor the Acceptance Certificate. 7.. Disclaimer of Warranties; Limitation on Liability. Lessee acknowledges and agrees that the Equipment is of a size, design and .capacity selected by Lessee, that Lessor is neither a manufacturer nor a vendor of such Equipment, and that LESSOR HAS NOT MADE, AND DOES NOT HEREBY.MAKE, ANY REPRESENTATION, WARRANTY OR COVENANT, EXPRESS OR IMPLIED, WITH RESPECT TO THE MERCHANTABILITY, CONDITION, QUALITY, DURABILITY, DESIGN, OPERATION, FITNESS FOR USE, OR SUITABILITY OF THE EQUIPMENT IN ANY RESPECT WHATSOEVER OR. IN CONNECTION WITH OR FOR THE PURPOSES AND USES OF LESSEE, OR ANY OTi:IER REPRESENTATION, WARRANTY OR COVENANT OF ANY KIND OR CHARACTER, EXPRESS OR 'IMPLIED, WITH RESPECT THERETO. IN ADDITION, LESSEE ACKNOWLEDGES THAT LESSOR HAS .MADE NO REPRESENTATION OR WARRANTY EXPRESS OR IMPLIED AND HAS PROVIDED TO LESSEE NO INFORMATION WHATSOEVER, REGARDING THE EQUIPMENT'S YEAR 2000 COMPLIANCE, i.e., THAT THE EQUIPMENT IS ABLE OR UNABLE TO AND WILL OR WILL NOT ACCURATELY RECEIVE, PROCESS, STORE, AND/OR PROVIDE OUTPUT OF DATE/TiME DATA RELATING TO THE TWENTIETH AND TWENTY-FIRST CENTURIES, AND/OR, BETWEEN THE YEARS 1999 AND 2000, AND/OR DURING A LEAP YEAR. IN NO EVENT SHALL LESSOR BE LIABLE (INCLUDING WITHOUT LIMITATION, UNDER ANY THEORY IN TORTS) FOR ANY LOSS OF .USE, REVENUE, Page 2 of 13 ANTICIPATED PROFITS OR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS LEASE OR THE USE, PERFORMANCE OR MAINTENANCE OF THE EQUIPMENT. Lessor hereby assigns to Lessee for the Lease Term, so long as no Default as defined in Section 19 hereof has occurred hereunder and is continuing, all manufacturer's warranties held by Lessor, if any, express or implied, with respect to the Equipment, and Lessor authorizes Lessee to obtain the customary services furnished in connection with such warranties at Lessee's expense, 8. Non.Appropriation of Funds. Notwithstanding anything contained in this Lease to the contrary, in the event no funds or insufficient funds are appropriated and budgeted by Lessee's governing body in any fiscal period for Lease Payments or other amounts due under this Lease, this Lease shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to Lessee of any kind whatsoever, except as to the portions of Lease Payments or other amounts herein agreed upon for which funds shall have been appropriated and budgeted or are otherwise available. Lessee will immediately notify the Lessor orits assignee of such occurrence. In the event of such termination, Lessee shall immediatelycease all use of the Equipment and shall, at its sole expense and risk, immediately de-install, disassemble, pack, crate, insure, and return the Equipment to Lessor (all in accordance with applicable industry standards)' at any location in the continental United States selected by Lessor. Such Equipment shall be in the same condition as when received by Lessee (reasonable wear, tear and depreciation resulting from normal and proper use excepted), shall be in good operating order and maintenance as required by this Lease, shall be free and clear of any liens (except Lessor's lien) and shall comply with all applicable laws and regulations. Lessee agrees to execute and deliver to Lessor all docUments reasonably requested by Lessor to evidence the transfer of legal and beneficial title to such Equipment to Lessor and to evidence the termination of Lessee's interest in Such Equipment. Lessorwill have all legal and equitable rights and remedies to take possession of the Equipment. 9. Lessee Certification. (a) Lessee represents, covenants and warrants that: (i),Lessee is a department or agency of the state where the Equipment will be located or a fully constituted political subdivision or agency of the state where the EqUipment will be, located; (ii) the interest portion of the Lease Payments shall be excluded from Lessor's gross income pursuant to Section 103 of the Code; (iii) the execution, delivery and performance by the Lessee of this Lease have been duly authorized by all necessary action on the part of the Lessee; (iv) this Lease constitutes a legal, valid and blndlng obligation of the Lessee enforceable in accordance with its terms except as limited by state and federal laws, regulations, rulings and court decisions relating to applicable bankruptcy, Insolvency, reorganizations, moratoriums or similar laws affecting the enforcement of creditors' rights generally; and (v) Lessee will comply with the information reporting requirements of Section 149(e) of the Code, and such compliance shall include but not be limited to the execution of information statements requested by Lessor; (vi) Lessee will not do or cause to be done any act which will cause, or by omission of any act allow, the Lease to be an arbitrage bond within the meaning of Section 148(a) of the Code; (vii) Lessee will not do or cause to be done any act Page 3 of 13 which will cause, or by omission of any act allow, this Lease to be a private activity bond within the meaning of Section 141(a) of the Code; (viii) Lessee will not do or cause to be done any act which will cause, or by omission of any act allow, the interest portion of the Lease Payments to be or become includable in gross income for Federal income taxation purposes under the Code; and (ix) Lessee will be the only entity to own, use and operate the Equipment during the Lease Term; (x) no event that constitutes, or with the giving of notice or the lapse of time or both would constitute, a Default (as herein defined) exists at the date hereof; (xi) Lessee has, in accordance with the requirements of law, fully budgeted and appropriated sufficient funds to make the Lease Payments scheduled to come due for the current fiscal year and to meet its other obligations for such pedod, and such funds have not been expended for other purposes; (xii) Lessee will cause to be done all things necessary to keep this Lease in full force and effect; (xiii) the use of the Equipment is essential to its proper, efficient and economic operation; (xiv)the useful life of the Equipment is as great or greater than the Lease Term; (xv) the Equipment will not be used in connection with a trial, teSt or start-up program of the Lessee; (xvl)the Lessee has never failed to appropriate funds for payment of any amount due pursuant to a lease purchase agreement, a conditional sales agreement or any similar type of obligation; (xvii)the Lessee is not and has never been in default under any bond, note, lease purchase agreement or other type of financial obligation to which it has been a party;, (xviii) Lessee has complied with such public bidding requirements as may be applicable to this Lease and the acquisition by Lessee of the Equipment. Lessee's representations, covenants and warranties, shall survive the expiration of this Lease. .~ (Check here if applicable) (b) Lessee represents that It, together with its subordinate entities, if any, does not expect to issue more than $10,000,000 of tax exempt obligations' during the current calendar year and it hereby designates the Lease as a qualified tax exempt obligation for' purposes of Section 265(b)(3) of the Code. 10. Title to Equipment; Security Interest. Upon acceptance of the Equipment by Lessee hereunder, title to the Equipment will vest in Lessee; provided, however, that (i) in the event of termination of this Lease by Lessee pursuant to Section 8 hereof, or (il) upon the occurrence of a Default as defined in Section 19 hereof, and as long as such Default is continuing, title will immediately vest in Lessor or its assignee, in order to secure all of its obligations hereunder, Lessee hereby (a) to the extent permitted by law, grants to Lessor a first and prior security interest in any and all fight, title and interest of Lessee in the Equipment and in all additions, attachments, accessions, and substitutions thereto, and on any proceeds therefrom, (b) agrees that this Lease may be filed as a financing statement evidencing such security interest, and (c)agrees to execute and deliver all financing statements, certificates of title and other instruments necessary or appropriate to evidence such security interest. 11. Uae; Repairs. Lessee will use the Equipment in a careful manner for the use contemplated by the manufacturer for the Equipment and shall comply with all laws, ordinances, insurance policies and regulations relating to, and will pay all costs, claims, damages, fees and charges arising out of its possession, use or maintenance. Lessee, at its expense, will keep the Equipment in good repair and furnish all parts, mechanisms, and Page 4 of 13 devices required therefor. If any Equipment is customarily covered by a maintenance agreement, Lessee will furnish Lessor with a maintenance agreement by a party reasonably satisfactory to Lessor. No maintenance or other service for any Equipment will be provided by Lessor. 12. Alterations. Lessee will not make any alterations, additions or improvements to the Equipment without Lessor's prior written consent unless such alterations, additions or improvements may be readily removed without causing damage to the Equipment. Any alterations, additions or improvements to the Equipment shall become a part of the Equipment and subject to this Lease. 13. Location; Inspection. The Equipment will not be removed from, or if the Equipment consists of mobile goods or rolling stock, its permanent base will not be changed from, the Equipment Location without Lessor's priorwritten consent which will not be unreasonably withheld. Lessor Will be entitled to enter upon the Equipment Location or elsewhere during reasonable business hours to inspect the Equipment or observe its use and operation. 14. Liens and Taxes. Lessee shall keep the Equipment free and clear of all levies, liens and encumbrances except those created under this Lease. Lessee shall pay, when due, all Taxes (hereinafter defined) which may now or hereafter be imposed upon the ownership, leasing, rental, sale, purchase, possession or use of the Equipment, the Lease, the Lease Payments, any other payments due under this Lease or the transaction contemplated hereby. If Lessee fails to pay said Taxes when due, Lessor shall have the right, but shall not be obligated, to pay said Taxes. If Lessor .pays any Taxes for which Lessee is responsible or liable under this Lease, Lessee shall prcrnptly reimburse Lessor therefor. For purposes of this Lease, taxes ("Taxes") mean present, and future taxes, levies, duties, assessments.or other governmental charges of federal, state and local governments that are not based on the net income of Lessor, whether they are assessed to or payable by Lessee or Lessor, including, without limitation, sales, use, excise, licensing, registration, titling, gross receipts, stamp and personal property taxes, and interest, penalties or fines on any of the foregoing. 15. Risk of Loss; Damage; Destruction. Lessee assumes all risk of loss of or damage to the Equipment from any cause whatsoever, and no such loss of or damage to the Equipment nor defect therein nor unfitness or obsolescence thereof shall relieve Lessee of the obligation to make Lease Payments or to perform any other obligation under this Lease, In the event of damage to any item of Equipment, Lessee will immediately place the same in good repair With the proceeds of any insurance recovery applied to the cost of such repair, If Lessor determines that any item of Equipment is .lost, stolen, destroyed or damaged beyond repair, Lessee at the option of LeSsor will either (a) replace the same with like equipment in good repair;, or (b) on the next Lease Payment Date, pay Lessor (i) all amounts then owed by Lessee to Lessor under this Lease, including the Lease Payment due on such date; and (ii) an amount equal to the "Concluding Payment" as set forth on Exhibit B. Page 5 of 13 16. Insurance. Lessee will, at its expense, maintain atalltimes dudngthe LeaseTerm, fire and extended coverage, public liability and property damage insurance with respect to the Equipment in such amounts, covering such dsks, and with such insurers as shall be satisfactory to Lessor, or, with Lessor's prior written consent, may self-insure against any or all such risks, in no event will the property insurance limits be less than the amount of the then applicable Concluding Payment with respect to such Equipment. The public liability insurance policy will name Lessee, and Lessor or its assigns as insureds. The property insurance policy will name Lessee as an insured and Lessor or its assigns as loss payee, as their interests may appear. Each of the insurance policies will contain a clause requiring the insurer to give Lessor at least thirty (30) days prior written notice of any alteration in the terms of such policy orthe cancellation thereof. The proceeds of any such policies will be payable to Lessee and Lessor or its assigns as their interests may appear. Upon acceptance of the Equipment and thirty (30) days pdor to each insurance renewal date, Lessee will deliver to Lessor a certificate evidencing such insUrance. In the event that Lessee has been permitted to 'self-insure, Lessee will furnish Lessor with a letter or certificate evidencing such self-insurance, in the event of any loss, damage, injury Or accident involving the Equipment, Lessee will promptly provide Lessor with written notice thereof and make available to Lessor all information and documentation relating thereto. 17. Indemnification. Lessee shall, to the extent permitted by law, indemnify Lessor against, and hold Lessor harmless from, any and all claims, actions, proceedings, expenses, damages or liabilities, including attorney's fees and court costs, arising in connection with the Equipment, including, but not limited to, its selection, purchase, ownership, delivery, possession, lease, use, operation, rejection, revocation of acceptance or return and the recovery of.claims under insurance policies thereon. The provisions of this Section 17 shall survive the expiration of this Lease. 18. Assignment. Without Lessor's prior written consent, LeSsee will neither (i) assign, transfer, pledge, hypothecate, grant any security interest in or otherwise dispose of this Lease or the Equipment or any interest in this Lease or the Equipment, nor (ii) sublet or lend the Equipment or permit it to be used by anyone other than Lessee or Lessee's employees. Lessor may assign its rights, title and interest in and to this Lease, the Equipment and any documents executed with respect to this Lease and/or grant or assign a security interest in this Lease and the Equipment, in whole or in part. Any such assignees shall have all of the rights of Lessor under this Lease. 'Subject to the foregoing, this Lease inures tothe benefit of and is binding upon the heirs, executors, administrators, successors and assigns of the parties hereto. For the Lease Term and an additional period of six (6) years thereafter, Lessee shall keep a complete and accurate record of all assignments or reassignments of any of Lessor's right, title or interest in this Lease or the Equipment in a form necessary to comply with Section 149(a) of the Code and the regulations, promulgated thereunder by the IRS. After notice of such an assignment, Lessee shall name the assignee as additional insured and loss payee in any insurance policies obtained or in force. Any assignee of Lessor may reassign this Lease and its interest in the Equipment and the Lease PaYments to any other person who, thereupon, shall be deemed to be Lessor hereunder. Page 6 of 13 19. Default. The term "Default," as used herein, means the occurrence of any one or more of the following events: (i) Lessee falls to make any Lease Payment (Or any other payment) as it becomes due in accordance with the terms of the Lease, and any such failure continues for ten (10) days after the due date thereof; (ii) Lessee fails to perform or observe any other covenant, condition or agreement to be performed or observed by it hereunder and such failure is not cured within twenty (20) days after written notice thereof by Lessor; (iii)the discovery by Lessor that: any statement, representation or warranty made by LesSee in this Lease or in any writing ever delivered by Lessee Pursuant hereto or in connection herewith is false, misleading or erroneous in any material respect; (iv) proceedings under any bankruptcy, Insolvency, reorganization or similar legislation shall be instituted against or by Lessee, or a receiver or similar officer shall be appointed for Lessee or any of its property, and such proceedings or appointment shall not be vacated, dismissed or fully stayed, within sixty (60).days after the institution or occurrence thereof; or (v) an attachment, levy or execution is threatened or levied upon or against the Equipment. 20. Remedies. Upon the occurrence of a Default, and as long as such Default is continuing, Lessor may, at its option, exercise any one or more of the following remedies: (i) by written notice to Lessee, declare an amount equal to all amounts then due under the Lease, and all remaining Lease Payments due during the fiscal year in effect when the Default occurs, to be immediately due and payable whereupon 'the same shall become immediately due and payable to the extent of available funds; (ii) by written notice to the Lessee, request Lessee to(and Lessee agrees that it .will), at Lessee's'expense, promptly return the. Equipment to.Lessor.in the manner set forth in Section 8: hereof, or Lessor, at its option, may enter upon the premises where the Equipment is located and take immediate · possession of and remove the same wtthout demand or notice, without any court order or other process of law and without liability for any damage occasioned by taking possession; (iii) sell or lease the Equipment or sublease it, in whole or in part, in public or private transactions, for the account of Lessee, holding Lessee liable for all Lease Payments and other payments due during the fiscal year in effect when the Default occurs; and (iv) exercise any other right, remedy or privilege which may be available to it under applicable law or by appropriate court action at law or in equity to enforce the terms of this Lease or to recover damages for the breach of this Lease or to rescind this Lease as to any or all of the Equipment. 'In addition, Lessee will remain liable for all legal fees and other costs and expenses, including cour~ costs, incurred by Lessor with respect to the enforcement of any of the remedies listed above. Lessor may be a pUrchaser at any sale or may sublease of the Equipment pursuant to this Section 20 and the proceeds of any such sale, lease or sublease shall be applied in the following order, (a) to the payment of expenses related to such sale, lease or sublease including, without limitation, costs of repair or replacement of the Equipment, expenses related to enforcement of this Lease, including reasonable attorneys' fees and other expenses related thereto; (b)to the payment of all amounts due hereunder including, without limitation, Lease Payments due during the fiscal year in effect when the Default occurs; (c) to the payment of an amount equal to the Concluding Payment set forth on Exhibit B for the Lease Payment Date Preceding such sale, lease or sublease; and (d) the balance, if any, to Lessee. Page 7 of 13 21. Purchase Option. Upon thirty (30) days pdorwritten notice from Lessee to Lessor, and provided that there is no Default then existing, Lessee shall have the right to purchase the Equipment on any Lease Payment Date by paying to Lessor, on such date, the Lease Payment then due together with the Concluding Payment amount set forth opposite such date on Exhibit B. Upon' satisfaction by Lessee of such purchase conditions, Lessor will transfer any and all of its right, title and interest in the Equipment to Lessee as is, where is, without warranty, express or implied, except that the Equipment shall be free and clear of any liens created by Lessor. 22. Notices. All notices to be given underthis Lease shall be made in writing and either personally delivered or mailed by certified mail, retum receipt requested, to the other party at its address set forth herein or at such address as the party may provide in writing from time to time. Any such notice shall be deemed to have' been received when delivered if delivered personally or five days subsequent to mailing. 23. Section Headings. All section headings contained herein are for the convenience of reference only and are not intended to define or limit the scope of any provision of this Lease. 24. Governing Law. This Lease shall be construed in accordance with and governed by the laws of the State of Equipment Location as referenced on Exhibit A. 25. Delivery of Related Documents. Lessee will execute or provide, as requested by Lessor, such other doCuments and information as are reasonably necessary with respect to the transaction contemplated by this Lease. 26. Entire Agreement; Waiver. This Lease constitutes the entire agreement between the parties with respect to the lease of the Equipment, and this Lease shall not be modified, amended, .altered or changed except with the written consent of Lessee and Lessor. If any provision of this Lease shall be adjudged invalid, illegal or unenforceable by a court of competent jurisdiction, the remaining provisions of this Lease shall not be affected thereby, but this Lease shall be construed as if such invalid, illegal or unenforceable provisions had not been contained therein and the remainder of this Lease shall be valid and enforceable to the fullest extent permitted bY law. Lessor shall not be deemed to have waived any breach by Lessee of any term, covenant or condition of this Lease unless Lessor makes such waiver in writing and any such waiver shall not operate as a waiver of any subsequent breach of any terms, covenant or conditions of this Lease. LESSOR AND LESSEE EACH WAIVE TRIAL BY JURY IN ANY' ACTION OR PROCEEDING BROUGHT BY EITHER PARTY AGAINST THE OTHER ON ANY MATTER WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THiS LEASE. 27. Execution in Counterparts. This Lease may be executed in several counterparts and all of which shall constitute but one and the same instrument. Page 8 of 13 SIEMEN'S Data: 06/0S/2002 Quotation No: 0 Customer: City of Sebastian PD Siemens Hicom 150 H Communications Server (CS) Products Detailed List of Products and Services Model Mstsrial Installation Qty Number Description Unit List Price Unit List Price Extended Price 13 69674 opfiset e/optlPoint 500 Line Cord 4 Wire 2 26 5 69969 USB ~sble-PC to BasicJ~td/Advance 3m 15 ........... 75 1 69915 HiPsth 0ptiPoi~50~ Ac0uStic Adaptsr 115 115 1 651094 APC Smart-UPS ...... 1000 568 ....................... - 568 1 ADJ00001 Stats Contract/Trial (5,000 (5,000) 2 69911 HIPaI~ opt]Point 500 Key Module, mangan 14(: 280 1 ..... 699~ ...... OPS00 Fcplts AnyPhone Qty 50 5(~ 5(: 2 PROTi 50E Lightning Protection (4 Circult-sneakfuses) 25 5C J0 69905 HIPath opflP~tnt 5bo Standard S/L, 19~ mangan 3 69909 I HIPath optiPolnt 500 Advance, mangan 525 1,575 1 55927 I HIPath PH 24 1,920 1,92(~ ~ 55936 ~OPTiPOINT 400 STANDARD HFA 440 6,600 1 97047 HIPsth 3500 1,700 1,700 1 97062 'MMC 16 MB vl.2SW 400 - .... 400 2 96754 SLU8 790 1,580 2 96778 TMGLA CO 'iRK 396 792 t G2~1-0658-02 Basic Doc CD Rom 70 70 t 55549 PhoneGulde SW for 48 Usrs 80 80 1 97050 ANI Option Kit 220 220 1 97052 HG1500 V2 V&D Pkg 2,400 ..i ....... . ~,400 7 96892 HG1500 Exp 2ch 661 4,627 2 G281045800 Attendant P User Guide 22 44 1 Labce Install' Labor 4,981 4,98ii ' ~ ...... Credit Customer Discount ............... (5,293 - (5,293', 2 67105 Tristar Elecb'ec Headset 154 30~ 2 97055 Attendant P V 5,0 Pkg 2 97025 TAPI 170, 10 Users · 2 97025 IP Wkpt Licenses, 25 es 1 Mercorn Mini DVD Logger 19,20(~ ..il ........ 19,200 Total List Price: 39,358 Estimated Sales Tax: Estimated Transportation Charges: Total Purchase Price, excluding Sales Tax end Transportation 39,358 rev. 1998.10.26 SIEMENS Date: 05/30/2002 Quotation No: 0 Customer. City of Sebastian Siemens Hicom 150 H Communications Server (CS) Products Detailed Lilt of Produ~ and So.ices Model Material ...... Installation Qty, Number Description ,Unit LI, st.price Unit LJ,st pri ,,~.,,_ Extended Price 24 69674 optiset e/optiPolnt 500 Uno Cord 4 Wire 2 4 " 69932 HIPath ~0 Wall Mou~t Kit 12~/19 Button ...... 28 .......... 112 4 69956 OP500 Wall Mount Line Cord 16cm 5 . 20 1 6996;~ Miorophone..Amtl¢ .......... . ........... '80 ...... . ........ 80 10 69969 USS Cable-PC to Sasic. JStcl/Advance 3m 15 150 2 69914 H~'Path opflPoint 500 Analog Adapter .......... ~ 50 300 1 69915 ...... HiPath ol~lPoint 500 ~ousttc Adapter '" ;I 15 .......... 115 1 ' APc1000 APC 60 Min Battery Backup Pkg for ........ ~',477 2,4[[ OfficePro E 1 ' ' 9676~' BRI D~ice connections (4) 720 - ' ' t AD J00001 State Contrau-t/Trtal i24,000) (24,000) 1 697d0 BLF L~al Power Supply 40 2 69910 HIPa'~ optt.P, olnt 500 Key Module, arctic I ........ i~0 ..... - 280 I I '69960 ~P500 Busy Lamp F~e!d Arctic ...... 050 650 2 69935 OP500 Fcplts AnyPhone Qty 60 50 - 100 2 · 69873 opflPolnt 500/opflsat e Power Supply Kit 50 -.. 100 1 568000 Musi= on Hoicl, Adapter 199 199 .... t 260102 Y1 ESFISF' C,~..U ACI~' ~Sac~age ........... 945 8 PRO~:1506 Light~lng Protection (4 CIrcult-sneakfusea) ....... 25 200 1 '"699925 Music on Hold Announcer 4 Minutes 458 - 458 1~ 69904 HIPat~ optiPolnt 500 Stenctard SIL,amttc 199 6 69{~08 .... HiPath o. pflP~int 500 Advance, static "' 525 3,150 5 55915 HIPeth AP 1140 V3,0 1,400 . 7,000 '~ 55~7 HIPath PH 24' · ~ .. 1,920 3,840 33 55936 OPTiPOiNT 400 STANDARD HFA 440 14,520 1 9~'0'12 HIPath 3700 ............ 1,960 1,960 1 97032 MMC '16 MB v3.0 SW ...... ~-~9 259 1 ' ' '96789 SLMO24 1,210 t,210 1 '96871 "SLA16 ..... 507 807 ~ 9~'033 TUFT1 Kit .......... 1,209 1,209 1" 97035 Clock Module 280 280 1 Mdf1603A I~'bF Basl= Cabinet 404 404 1 G281.0658-02 Sasl~'~oc CD Rom 49 49 t 55548 I PhonsGulde SW 112 1 Labce Install Labor Fee .... 12,456 12,45( 1 ' 97013 Ex.13a. nsion C~.blnet ........ 11050 1~056! 1 MDF1504A MDF Expansion. Cab .... 370 37C 2 97044 HG 1500 V2 V&D Pkg 1,75~ ....... 3,500i 7 96892 HG1500 EXP 2oh ............. 400 .2,800 1 GKIT100200" Analog p._hone Instmcte 35 .__.24____ _ -" G281075500 opti500 Quick P. ef Gas 5 120i 3 GKIT100200 Analog O.perattng Instruct .---- ~ (35 1 ,96794 TIEL4 Analo..g Tie Line ...... 205 2~ i998.10.26 SIEMENS Date: 05/30/2002 Quotation No: 0 Customer: City of Sebastian Siemens Hicom 150 H Communications Server (CS) Products Detailed List of Products and Services Model Material Installation Qty Number Description Unit List Price Unit List Price Extended Price 2 CPANLG150 CPE Analog Device 24 48 1 (3281045800 Attendant P User (3uide ~ 22 1 20532 All Serve Server 5,801~ 5,800 1 96768 Eicon BRI 1,551~ - 1,650 i 40505 VoiceMall System License 2 40507 Voice Mall USer Ltc. 60 ................ . ........... "' ' - 1 96628 E-Mall System .License 1 96829 Fax Mall System License . 1 Encompass Cabling, Tng Room, MDF 6_,'~.~. 6,78.· ....1 ........ lnfotol End I~er Training ............. 2,214 2,214 1 ACS... VolP/UM Ne.t: Assess - 7,80~ 7,60{~ 1 97055 Attendant P V 5.0 Pkg . 1 67105 Tristar Ele(,-ti'ec Headset 154 154 1 55673 opflCIlentl30 4 Clients 3 96815 TAPI 170 10 Users ....... . . 2 97025 IP Wkpt Licenses, 25 ea - Total List Price: 84,360 Estimated Sales Ta.,c Estimated Transportation Charges: Total Purchase Price, excluding Sales Tax and Transportation. 84,360 rev. 1998.10.26 SIEMENS Exhibit B Lease Payment ScheduLe Date 7/30/2002 8/30/2002 g/30/2002 10/30/2002 '11/30/2002 12/30/2o02 1/30/2003 2/30/2003 3/3O/2OO3 4/30/2003 5/3O/20O3 6/30/2003 7/3O/20O3 8/30/2003 9/3O/2OO3 10/30/2003 11/3o/2003 12/30/2o03 1/30/2004 2/30/20O4 3/3O/2OO4 4/30/20O4 5/30/2004 6/30/2004 7/3O/2OO4 8/30/2004 9/30/20O4 10/30/2004 11/30/2004 12/30/2004 1130/2005 2/30/2005 3/30/2005 4/30/2005 5/3O/2005 6/30/2005 7/30/2005 8/30/2005 9/30/2005 10/30/2005 11130/2005 12/30/2005 Payment Amount Interest ~ 4.92% Principal $ - $ - 2,564.12 $ 558.69 $ 2,005.42 · 2,564.12 $ 550.46 $ 2,013.66 2,564.12 $ 5425~0 $ 2,021.92 2,564.12 $ 533.90 $ 2,030.22 2,564.12 $ 525.56 $ 2,038.55 2,564.12 $ 517-~0 $ 2,046.92 2,564.12 $ 508.80 $ 2,055.32 .2,564.12 $ 500.36 $ 2,063.76 2,564.12 $ 491.89 $ 2,072.23 2,564.12 $ 483.38 $ 2,080.73 2,564.12 $ 474.84 $ 2,089.27 2,564.12 $ 466.27 $ 2,097.85 2,564.12 $ 457.56 '$ 2,106.46 2,564.12 $ 449,01 $ 2,115.10 2,564,12 $ 440.33 $ 2,123.78 2,564.12 $ 431.61 $ 2,132.50 2,564.12 $ 422.66 $ 2,141.25 2,564.12 $ 414.07 $ 2,150.04 2,564.12 $ 405~5 $ 2,158.87 2,564.12 $ 396.39 $ 2,167.73 2,564.12 $ 387.49 $ 2,176.62 2,564.12 $ 378.56 $ 2,185.56 2,564.12 $ 369.59 $ 2,194.53: 2,564.12 $ 360.58 $ 2,203.53 2,564.12 $ 351.54 $ 2,212.58 2,564.12 $ 342.45 $ 2,221.86 2,564.12 $ 333.34 $ 2,230.78 .2,564.12 $ 324.18 $ 2,239.93 2,564.12 $ 314.99 $ 2,249.13 2,564.12 $ 305.76 $ 2,258.36 2,564.12 $ 296.49 $ 2,267.63 2,564.12 $ 287.18 $ 2,276.94 2,564.12 $ 277.83 $ 2,286,?.8 2,564.12 $ 268.45 $ 2,295.66 2,564.12 $ 259.03 $ 2,305.09 2,564.12 $ 249.57 $ 2,314.55 2,564.12 $ 240.07 $ 2,324.05 2,564.12 $ 230.53 $ 2,333.59 2,564.12 $ 220.95 $ 2,343.16 2,564.12 $ 211.33 $ 2,352.78 2,564.12 $ 201.88 $ 2,362.44 Concluding Payment 138,843.62 136,798.09 134,744.16 132,681.80 130,610,98 128,531.66 126,443.80 124,347.38 122,242.35 120,128.68 118,006.33 115,875~.7 113,735,47 111,586.88 109 429.48 107 263.22' 105.088.07 102.903.99 100.710.95 98.508;91 96.297.83 94 =077;67 91 848.40 '89 609.98 87 362.38 85 105.55 82 839:46 80 564.06 78 279.33 75 985.22 73,681.69 71,368.71 69,046.24 66,714,23 64,372.65 62,021.46 59,660.62 57,~90.10 54,909.84 52,51'9.81 50,119.97 47,710.29 Initial: Siemens Financial Services, inc. 200 Somerset Corporete Blvd. Tel: (908) 42S~000 ~ Bridgewater, NJ 08807-2843 Toll Free: (800) 327-4443 /,1z .,,; www. slemensfinancial.com 1/30/2006 $ 2/30/2006 $ 3/30/2006 $ 4/30/2006 $ 5/30/2006 $ 6/30/2006 $ 7/30/2OO6 $ 8/30/2006 $ 9/30/2006 '$ 10/30/2006 $ 11/30/2006 $ 12/30/2006 $ 1/30/2007 .$ 2/30/2007 $ 3/30/.2007 $ 4/30/2007 '$ 513012007 $ 6/3O/2007 $ 7/30/2007 $ 2,564.12 $ 2,564.12 $ 2,564.12 $ 2,564.12 $ 2,564.12 $ 2,564~12 $ 2,564.12 $ 2,564.12 $ 2,564.12 $ 2,564.12 $ 2,564.12 $ 2,564.12 $ 2,564.12 $ ' 2,564.12 $ 2,564.12 $ 2,564.12 $ 2,564.12 $ 2,564.12 $ 2,564.12 $ 191.98 $ 2,372.13 182,24 $ 2,381.87 172.47 $ 2,391.65 162.65 $ 2,401.46 152.80 $ 2,411.32 142.90 $ 2,421.22 132.96 $ 2,431.15 122.98 $ 2,441.13 112.g6 $ 2,451.15 102.90 $ 2,461.21 92.80 $ 2,471.31 82.66 $ 2,481.46 72.47 $ 2,491.64 62.25 $ 2,501.87 51.98 $ 2,512.14 41.67 $ 2,522.45 31.31 $ 2,532.80 20.92 $ 2,543.20 10.48 $ 2,553.63 45,290.71 42,861.20 40,421.72 37,972.23 35,512.68 33,043.04 30,563.27 28,073.31 25,573.14 23,062.70 20,641.96 18,010.88 15,469.40 12,917.50 10,355.12 7,782.22 5,198.77 2,604.71 0.00 Initial: of S b s ian, Florida Subject: Purchase Low boy Truck and Trailer App/r~oved for Submittal by: AgendaNo. 0~,./q~ Department Origin~Public ~j~0rl~ Dept. Head: ,-~~[~/{c~-'/ General SeduceS: ~~~~- ~ ~ Date Submitted: 06/18/02 For Agenda of: 06/26/02 Exhibits: Cost Estimate EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: $68,775.00 $ 68,775.00 REQUIRED: SUMMARY The Public Works Department Roads and Drainage division has two trailers budgeted for this fiscal year to use to move equipment. While investigating these wailers, we found we could not legally transport all equipment. In lieu of .buying two trailers, we would like to buy a lowboy trailer and a Sterling truck, which we feel, will do a better job moving the equipment and become compliant with the D.O.T. for equipment moving. We axe requesting that the formal sealed bid requirement be waived .and approval be given to piggy back the City of Apopka price of $41,775 for the truck from Heintz~lmam Truck Center and approve the purchase of the Iow boy trailer from Newco Equipment Company in the mount of $27,000. RECOMMENDATION Move to waive the formal scaled bid procedures and approve the purchase of a truck from Heintzelmans in the amount of $41,775 and a low boy trailer from Newco Equipment Company in the amount of $27,000. 2424 ,JOHN YOUNG PARKWAY ORLANDO, ;L 32804 407-298-I000 800-432-0811 FAX 407-29&-8884 MUNICIPAL 8ALE~ & LEASING MAY'23, 2002 TO: CITY OF' SEBASTIAN 1225 MAIN STREET SEBASTIAN, FL 32958 PIGGYBACK AUTHORIZATION HEINTZELMAN'8 TRUCK CENTER AUTHORIZE8 THE CiTY OF 8EBASTIAN, FLORIDA TO PIGGYBACK THE CITY OF .APOPKA, FLORIDA PURCHASE ORDER # 28900 iN THE AMOUNT OF FORTY-ONE-THOUSAND.SEVEN-HUNDRED- SEVENTY-FIVE DOLLARS ($41,775.00). AVAILABLE UNIT [J28067) SUBJECT TO PRIOR SALE. THANK YOU FOR THE OPPORTUNII'Y' TO SERVE THE CITY OF SEBASTIAN. SINCERELY, SALES ORDER SOLD TO: ~city of'Seba's;Jan 1225 Main Street ....... seba.~!.a~ FL 32958 PHONE NO: ~' '5'~¥589-5330 NCO NEWCO EQUIPMENT COMPANY PO BOX 3245 COCOA, FL 32924-3245 OFFICE: (321)633-9313 * FAX: (321)631-9604 JOE THRU,..qTON I INTERSTATE BUILT BY EAGER BEAVER 70sDGN 35 ~ON DETAC~ LOWBOY 22' OF DECK, 24" UNLOADED DEcK HEIGHT (22 TC)..._23, LOAD .E..D.)..(4) BEAM CONSTRUTION (16') ALL WH~L ABS. ~ OUTRIGGERS . HOND~"~OWER .PACK SQUARE BACK ' 6TO' ANY COLOR OF CHOICE SELLER RETAIN8 A SF..CURITY INTEREST IN THE PUR~ GOOi~ UNTIL THE PRICE 18 FUM.Y PAJD. SELLER AND MANUFACTURER MAKE NO REPRESENTATIONS OR WARRANTIES, ~ OR IMPUED (INC~Oea3 THE IMPUED WARRANTIES OR MERCHANTABIUTY AND FITNESS) EXCEPT AS NOTED ON THIS CONTRACT WARRANTY. THIS UNIT 18.SOLD' WITHOUT W,NaJ~a~'Y. AS -I$ CONOmON, INrr~ '-,, ~ ...... .... ~, THIS UNIT 18 SOLD WITH THE 8'I:,ANI2ARD ~,, 'WARRANTY A.~ ~BED IN THE MANUFACTURER8'~ M/LqLIAL TH~S UNIT 18 SOLD Wn'H THE FOI,LO~Ne m WITH THE STANDARD EAGER BEAVER WARRANTY NOTICE TO ~ It il understood that thl~ la the enUro agreement between tho parties, City of Sebastian, Florida Subject: First Amendment to Keath Houston's Lease Agreement Exhibits: First Amendment to Airport Lease Agenda No. O~,,,., ]/-/~ ,,, Department ~ Dept. Head: Finance: General Services: Date Submitted: For Agenda of: 6/20/02 06/26/02 Keath Houston), Schedule "B', Drawing EXPENDITURE REQUIltED: $ N/A AMOUNT BUDGETED: $ N/A APPROPRIATION REQUIRED: N/A SUMMARY In November of 2000 the City Council approved an Airport Lease ^greement between Keath Houston and the City of Sebastian for the operation of a pdvate hangar. Later, Mr. Houston's property was relocated several hundred feet to the south based on the future reactivation of Runway 9-27. Unfortunately, it has recently been discovered that a formal amendment to Mr. Houston's lease agreement had never been presented to Council. While discussing this sPecific issue with Mr. Houston, Airport staff learned that he had a desire to add property to his leasehold, which would give him the opportunity to build another facility sometime in the future. Mr. Houston stated that he needed an additional fifty (50) feet along the south border of his property in order to have aircraft access to the remainder of his acreage, Additionally, based on Sebastian Municipal Airport's future configuration, 'an additional sixty-six (66) feet of apron space would be available to the east of his property, which he also agreed to add to his leasehold. The attached drawing depicts the odginal and added properties. Finally, the provision in Mr. Houston's lease referring to fuel sales has been deleted. This is based on information provided by Mr. Houston indicating that he had no desire, both now or in the future, to sell fuel on the premises. In summary, approval of this amendment will provide for: A formal legal description for Mr. Houston's new location plus added property A total of 0.72 acres to be added to Mr. Houston's leasehold, which will yield an annual rent increase of $2,803.50 Deletion of Section 4, Paragraph (C) whereas the Initial Lease refers .to fuel sales Airport staff will be available during the July 26, 2002 regularly scheduled meeting to answer any questions you may have. RECOMMENDATION Move to approve First Amendment to Airport Lease between the City of Sebastian and Keath E. Houston. FIRST AMENDMENT TO AIRPORT LEASE BETWEEN CITY AND HOUSTON DATED NOVEMBER 17, 2000 THIS AMENDMENT to that certain LEASE, made and entered into the 17th day of November, 2000, by and between the CITY OF SEBASTIAN, a municipal corporation existing under .the laws of the State of Florida, (hereinafter referred to as the "Landlord"), and KEATH E. HOUSTON (hereinaf[er referred to as the "Tenant") sets forth THAT IN CONSiDERATION of leasing an additional 0.72 acres of property and other mutual covenants provided, the receipt and sufficiency of which are hereby acknowledged, the parties have agreed as follows: 1. That the lease herein is arnend~ to change the legal description of the LEASED PRE/vIISES to be that area described in the attached Schedule "B". 2. That the total rent shall hereafter be $6,628.50 (six thousand six hundred twenty- eight dollars and fifty cents). 3. That Section 4, Paragraph (C) be completely stricken from the initial Lease, as Tenant has no desire to sell fuel. 4. All remaining terms and conditions of the Lease shall remain in full force and effect. iN WITNESS WHEREOF, thc parties hereto have set their hands and seals this __ day of June, 2002. 'ATTEST: Sally A Maio, CMC City Clerk CITY OF SEBAS~AN A Municipal Corporation By: Terrence R. Moore, City Manager Approved as to Form and Legality for Ken,ce b~ the City of Sebastian only: Tenant: Keath E. Houston SCHEDULE "B" LEGAL DESCRIPTION COMMENCING AT THE MOST WESTERLY CORNER OF SECTION 29, TOWNSHIP 31 SOUTH, RANGE 38 EAST, IN THE FLEMING GRANT ACCORDING TO PLATS MADE BY S.B. CARTER, FILED AND OF RECORD IN THE OFFICES OF THE CLERKS OF THE CIRCUIT COURT OF BREVARD, ST. LUCIE AND INDIAN RIVER COUNTIES, FLORIDA AND DESCRIBED AS FOLLOWS: COMMENCE AT SAID WESTERLY CORNER OF SAID SECTION 29 AND RUN SOUTH 44"21'28" EAST, 818.81 FEET ALONG THE SOUTHWEST BOUNDARY OF SECTION 29 TO THE CENTERLINE OF ROSELAND ROAD; THENCE NORTH 04"48'59" WEST, 514.65 FEET ON SAID CENTERLINE; THENCE NORTH 89"50'46" EAST, 644.46 FEETi THENCE SOUTH 00°09'14" EAST, 375.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 00"09'14' EAST, 100.00 FEET; THENCE NORTH 89"50'46" EAST, 425.00 FEET TO A POINT WHICH LIES 75.00 FEET WEST OF THE CENTERLINE OF AN EXISTING AIRPORT TAXIWAY; THENCE NORTH 00"09'14" WEST 100.00 FEET PARALLEL TO SAID TAXlWAY CENTERLINE; THENCE SOUTH 89°50'46'' WEST, 425.00 FEET TO THE POINT OF BEGINNING; AND AN ADDITIONAL 50 FEET LYING ADJACENT TO THE SOUTHERNMOST BOUNDARY OF THE ABOVE-DESCRIBED TRACT; AND AN ADDITIONAL 66 FEET LYING ADJACENT TO' THE EASTERN MOST BOUNDARY OF THE ABOVE-DESCRIBED TRACT, TO INCLUDE THE ABOVE-MENTIONED 50 FOOT ADD/T/ON. ORIGINAL LEASEHOLD CONTAINING 0.97ACRES, MORE OR LESS AND THE ADDITIONAL REQUESTED PROPERTY CONTAINING O. 72ACRES MORE OR LESS FOR A TOTAL OF '1.69 ACRES MORE OR LESS 02.137 PUBLIC HEARING SIGN-UP SHEET First Reading and Public Hearing of Ordinance No. O-02-12 - Moratorium Extension - 2"~ Public Hearing Scheduled for 7/10/02 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DECLARING A SIX-MONTH EXTENSION OF THE MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR WIRELESS TELECOMMUNICATION TOWERS AND ON THE ISSUANCE OF PERMITS AND APPROVALS FOR THE CONSTRUCTION OF WIRELESS TELECOMMUNICATION TOWERS; PROVIDING FOR EXCEPTIONS; SEI'I'ING FORTH EXPIRATION; PROVIDING FOR CONFLICT, SEVERABiLITY AND EFFECTIVE DATE. (Display Ad 6/19/02) 7// NAME ~ ~ ADDRESS NAME" ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESs NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC SIGN-UP SHEET JUNE 26, 2002 REGULAR MEETING "New Business" as used herein, is defined as an item that has occurred or was discovered within the previous six months USE THIS FORM ONLY POR INTRODUCTION OF NEW BUSINESS NOT OTHERWISE ON THE PREPARED AGE~,~*- LIMIT OF 10 MINUTES PER SPEAKER If the item on which you wish to speak is on the pdnted agenda, do not aign thi~ form. The Mayor will call for public input prior to Council deliberation on each agenda item. Please raise your hand when he calls for input. Name: New Subject: Name: New Subject; Name: New Subject: .. Name: N~ Subj.--t: Name: New Subject: Name: New Subject: