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Home My WebLink About07242002 HOME OF PELICAN iSLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, JULY 24, 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-gg-21) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. MOMENT OF SILENCE 4. ROLL CALL 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon a majo#ty vote of Ctly Council members (R-gg-21) 6. PROCLAMATIONS. ANNOUNCEMENTS AND/OR PRESENTATIONS 02.028 A. Certificate of Appreciation to Adrina Davis - Code Enforcement Board 1 02.157 B. Mayor to Read Pelican Island National Wildlife Refuge Days Proclamation 8. 9. 10. CITY ATTORNEY MATTERS C!~ MANAGE.R MATTERS CITY CLERK MATTERS CITY COUNCIL MATTERS A. Mr. Barc, zyk B. Mr. Majcher C. Mr. Coniglio D. Mayor Barnes E. Mr. Hill 3-12 02.158 13-26 02.159 27-31 02.160 3341 02.161 43-44 02.162 45-49 02.163 51-54 02.062 55-58 11. CONSENTAGENDA idms on Se con~nt a~nda am ~'ons/dered muttne and will ~ enacted ~ oM motion. T~m will be no ~pere~ d~ous$ion of~nsentagonda~msun~amem~rofCityCour~il~reques~;~ ~ e~n~ei~mwill~ mmo~dande~du~n A. Approval of Minutes - 7/10/2002 Regular Meeting Authorize City Manager to Execute the Historic Preservation Grant Award Agreement and Addendum for the City Hall/Old Sebastian Elementary School Restoration Program (City Manager Transmittal 7/17/02, Grant Agreement and Addendum) Co Authorize City Manager to Execute Kimley-Hom Work Authorization #5 for Sebastian Municipal Cemetery As-Built Survey Not to Exceed $19,000 (City Clerk Transmittal 7/17/02, Clerk Memo, Pontem Software Info, Work Authorization) Authorize City Manager to Execute 49 Month Contract Service Arrangement Agreement with BellSouth TelecommuniCations, Inc. for General Subscriber Services Tariff (Finance Director Transmittal 7/17/02, Proposed Agreement) Award Contract to Wilson's Petroleum Equipment, Inc. in the Amount of $67,839.00 to Engineer, Design, and Construct Fuel Facility and Authorize City Manager to Execute (General Services Transmittal 7/15/02, Bid Tabulation Form) Approve One Year Interagency Agreement with Florida Department of Corrections (Public Works Transmittal 7/17/02, Agreement) Approve Travel for City Clerk, August 15-16, 2002, Boca Raton; September 27, 2002, Orlando (City Clerk Transmittal 7~9~02, FACC Letter, FLC E-Mail) 12, PUBLIC HF. ARiNG Procedures for public hearings: (R-99-21) · Mayor opens Hearing · Attorney Reads 'Ordinance or Resolution · Staff Presentation · Public Input - Limit of Ten Minutes Per Speal~er · Staff Summation · Mayor Closes Hearing · Council Action Anyone wishing to speak is asked to sign up before the meeting, when called go to the podium and state his or her name for the record ~egond Readini:l and Pubtiq Hepring Qrdinance No. O-02-09 - Secondary Frontyards CGMD Transmittal 7/17/02. O-02-09} AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE, CITY CODE SECTION 54-2-5.2.3 SINGLE FAMILY RESIDENTIAL DISTRICT (RS-lO) PROVIDING SECONDARY FRONT YARD SETBACKS AND SEC770N 54-5-22.2 DEFINITION OF TERMS: YARD, FRONT; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (l't Reading 7/10~02, Legal Ad 7/12/02, PH for Adoption 7/24/02) 13. INTRODUCTION OF NEW BUSINESS FROM THEPUBLIC Item that has occurred or was discovered within the previous six months which is not othenvise on the agenda - sign-up required - limit often minutes for each speaker 2 14. COMMITTEE REPORTS/RECOMMENDATIONS 02.051 A. 59-75 Construction Board 1. interview, Unless Waived, and Appoint Regular Member Electrical Contractor Position (City Clerk Transmittal 7/18/02, 3 Applications, Ad, Member List) 2. Fill Alternate Position If Possible o2.138 B. Parks & Recreation Advisory Committee 1. Report on July 20a Public Workshop (No backup at this time) 15. OLD BUSINESS 16. NEW BUSINESS 77-90 Authorize City Manager to Execute Developer's Construction Agreement Between Capt'n Butcher, Inc. and City of Sebastian Governing Jackson Street Extension Project (City Manager Transmittal 7/17/02, Proposed Agreement) 02.165 B. 91-106 Resolution No. R-02-31 - Third Quarter Budget Amendment (Finance Director Transmittal 7/17/02, R-02-31, Budget Review Memo, Project Status Reports by Fund~ Schedule of Investments) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1,2001 AND ENDING SEPTEMBER 30, 2002 AS PROVIDED FOR IN EXHIBIT "A'; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 107-108 Appropriate $37,500 and Approve Work Order with Regan Masonry at $1.60 per sf to Pour Form and Finish Pelican Island Bike Path/Sidewalk and Drainage Project (Engineering Transmittal 7/17~902, Cost Estimate, Location Map) 02.167 D. Consider Placing Staff and Council Matters at End of Agenda - Placed by Mayor Bames at the Request of Mr. Barczyk (No Backup) 02.158 E. 109 Publishing City Council Agendas (City Clerk Transmittal 7/9/02) 17. ADJOURN (All meeting shall adjourn at 10:30 p.m. unless extended for up to one helf hour by a majority vote of City Council) ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED A T THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL iS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WiTH DISABiLiTIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CiTY'S ADA COORDiNA TOR A T 589-5330 A T LEAST 4$ HOURS IN ADVANCE OF THIS MEETING. HEARING ASSISTANCE HEADPHONES ARE AVAIl_ABLE IN THE COUNCIL CHAMBERS POR ALL GOVERNMENT MEETINGS. Regular City Council Meetings are Scheduled for Live Broadcast on AT&T Broadband Channel 25 2002 City *Council Meetings Solid Waste Workshop - Wednesday, July 31, 2002.6 pm Histodc Preservation Workshop. Wednesday, August 14, 2002 - 6 pm Regular Meeting - Weclnesday, August 14, 2002 - 7 pm Budget Workshop - Wednesday, August 21, 2002 - 6 pm Regular Meeting - Wednesday, August 28, 2002 - 7 pm Regular Meeting- Wednesday, September 11, 2002.7 pm First Budget Hearing - Special Meeting. Thursday, September 12, 2002 - 6 pm Regular Meeting - Wednesday, September 25, 2002. ? pm HOI~E OF PELICAN oCLKMK.X t , FF_J~ICAN iSLAND NATIONAL WILDLEFE REFUGE DAYS WHKR~Aa, on March 14, 1903, Presidant Theodore "Teddy" Kou~evelt daeisred Pelican Island to be fie Nnilon's flrs~ WHdllfe Refuge; md W~, the City of ~eb~ Florida~ is tim hon~ of Pelican bland National Wildlife Wll~qlgAa, on Max'eh 14, 15 and 16, 2003, Palinnn Ininnd will c~inbmto It's 100' annivet~ary; WH~EAS~ the history of Paltcan Island and the history of the City of Sebastian are closely linked; and WB]gR.g. AS, tim Pelican bisnd Natinnal Wildlife Refuge is home to many speeies offish and wildlife enjoyed by resida~rts and visitors alike; and WHEREAS, f~om Pelican Inland has grown a National Wildlife Refo~e System which today encompasses 538 individual refi~ tolalin~ 94 mtlflon aoms; and ~r[I~REA~, for th'~ is~t 100 yesl~, he~nnir~$ with Palll Kl'Oe~[~ 1oo~ otfl2~nn be.Ye pfotooted Pallcnn Island end its wildl~; nnd WltY..REAS, during the next nine months md cu~minatinS on March 14, 1 $ and 16, 2003, the U. 8. Fish and Wildlife Service in coope~ilon with the anmmtmity will phn and entry out a variety of events to heighten publio awareness and undantnnding of the historic importam~ of Palioan Island. WHitE, AS, the City of Sebsstisn will be tim host for national media and dignitaries on this 100~ anniversary oalebratiou; and WHEREAS, the City Council of the City of Setmtisn is proud of its legacy of protsutian of ,Pelican Inland and equally proud of its beritag~ es home of the Nation's oldest Ref~e. NOW 't]~,REFOR~, I, Walter W. Barnes, by the authority vested in me ss Mayo~' of tho City of Sebsst~ do h~shy prooisim bizroh 14, 15 and 16, 2003 n~ PI~JC, ANI~IIAND NATXONAI, VYiY~DLIFE P~gFffGII DA ~ in Indian River County nmi the Nation and ur8~ all oiltz~ns to particlp~t~ tn the ~veols and otherwise show support fur Pelican laland N~ttional Wildlife Refuge and nH ~ it stands for. IN WITNESS WHeReOF, I have hemanto sut my hand nmi affixed the seal of the City of S~bes~isn, Indisn Rivsr County, Florida this 24th day of July, 2002. Walter W. Barn, s, blnyor HOME OF PEUGAN L~LAND SEBASTIAN CITY' COUNCIL MINUTES DRAFT REGULAR MEETING WlI~DNESDAY, JULY t0, 2002 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK .1225 MAIN STREET, SEBASTIAN, FLORIDA Individuals will eddress 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-gg-21) 1. The Mayor called the regular meeting to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. 3. There was a moment of silence. 4. ROLL CALL City Council Present; Mayor Walter Barnes Vice-Mayor James Hill 'Mr, Joe Barczyk ,Mr. Edward J. Majcher, Jr. Mr. Ray Coniglio Staff Pr,.es.ent: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams City Engineer, David Fisher Finance Director, Mark Mason Golf Course Director, Greg Gardner Public Works Director, Terry Hill Regular City Council Meeting July 10, 2002 Page Two DRAFT AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon a majority vote of City Council members (R-99-21) None. 6. PROCLAMATIONS. ANNOUNCEMENTS AND/OR PRESENTATIONS 02.145 A. Certificate of AoDreciation to Citv'from Florida Leaaue of Cities Mayor Barnes mad the FIoridaLeague of Cities Innovations 2002 certificate, cited the five programs honored, and presented the certificate to the City Manager. 02.146 B. Certificate of Ar)omc)at)on to Thelma Koooman for Paint)ne in Yacht Club Mayor Barnes read and presented a certification of appreciation to Ms. Koopman for her painting. 02.147 C. Certificate of Armmdation to DonCamobell for Golf Course Beautification Mayor Barnes read and presented a certificate of appreciation to Mr. Campbell for his efforts. 02.148 D. Certificate of Ar)oreciation to Ed Olsen for Donation of Paint.for Golf Course A member of the audience noted that this recognition was in error. 02.149 E. U.S. Power Sauadmn Presentation D/Lt/C Nigel Hargreaves, SN, of the U.S. Power Squadron gave a presentation on their function and the safe boating course which will be conducted on July 27 and 28, 2002 at the City Yacht Club. He offered the following numbers for information about their pmgmm - 772-388-0852 and 772-388-8276. 02.047 Preser}.tati.qn of Membershir) Certificate bv Javne Barczvk. Membershir) Committee C~airwoman. The Sebastian Clambake Founder)on. Inc. Mrs. Barczyk reported on the foundation, its purpose, described the September festival and invited everyone to a taste feat on July 23, 2002 at 5:30 pm in the City Council Chambers; and read and presented.the Mayor with a Sebastian Clambake Foundation, Inc. membership certificate. 02.135 G. W.ater Level in Monitored Wells The City Engineer gave an update on water levels for the three active wells in the City on Toledo Street, Barker Street and Filbert Park. He said the levels have not increased in two weeks. He advised that measurements be taken during a drier spell before any conclusions are drawn. 2 Regular City Council Meeting July 10, 2002 Page Three 7. CITY ATTORNEY MATTERS,. DRAFT Reported on the DCA administrative hearing re: Kirrie property noting it would be held in abeyance for 30 days for DCA representatives to come and look at the site. Said that Planning and Zoning Commission is requesting a joint workshop to go over the proposed cell tower ordinance. He said he will go back to them and suggest a workshop in September due to Council's heavy meeting schedule for the next two months. 8, CiTY MANAGER MATTER~ Distributed a memo requesting an emergency purchase in the amount of $65,000 from discretionary sales tax reserves to repair collapsing culverts (see attached). The Public Works Director further described the need for repair. MOTION by Hill/Majcher "1 move to authorize the emergency appropriation of $65,000 for the purpose of replacing collapsed road culverts with a sunset of September 30, 2002." ROLL CALL: Mayor Barnes - aye Mr. Hill - aye Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye MOTION CARRIED 5-0 9. CITY CLERK MATTERS 10. None. CI~ COUNCIL MATTERS A. Mr. Hill Noted the successful 4t~ of July celebration Congratulated those involved with the drainage during these heavy rains. B. Mr. ,, Barczyk Congratulated the Public Works Director and his staff for their July 4~ preparation Asked to change the agenda to put staff and council matters at the end of the agenda, Mayor Barnes placed this on 7/24/02, C. Mr. Maicher None. Regular City Council Meeting July 10, 2002 Page Four D. Mr. Conialio DRAFT Congratulated the entire staff on the 4= of July. Distributed information entitled "Florida Water Shortage". E. Mayor Barnes Congratulated everyone involved with the 4~ of July celebration. Said he had received a call from Tut Connelly on various issues but perticularly they discussed the new park that will be built on the riverfront, about Which Mr. Connelly expressed concern for lack of public input. Mayor Barnes inVited everyone to come out and tell the City what they want at the Parks and Recreation AdVisory Committee public meeting on July 20, 2002 from 9 am to noon. Jean Carbano, Betty Avenue, said she had spoken to Parks and Recreation Advisory Committee and was told that they were not interested in hearing about park at Easy Street and Lake Drive because it is not a new park. Parks and Recreation Member, Jayne Barczyk, offered to submit her concerns to the committee. Call Soec, ia[Meetina for 1'~ Budaet Hearina September 12. 2002. 6:00 p.m. {No ba~k~.p.) Mayor Barnes called the Special Meeting for September 12th, 2002. 02.150 02.151 02.152 11. CONSENT AGENDA Afl Items on the con~ent agenda em cona/dered rout/ne er~ w///~ e~ by ~ ~. ~m' ~11 ~ no ~pe~ d~u~ of ~n~nt ~nda i~ u~ a ~m~r ~ ~ ~fl ~ ~; In ~ e~nt, ~ ~m ~11 ~ m~ and a~d u~ A. Approval of Minutes - 6/26/2002 Regular Meeting B. Resolution No. R-02-27, Driveway Permit Fees (Engineering Transmittal 7~2~02, R-02-27) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, iNCREASING DRIVEWAY PERMIT FEES; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE Resolution No. R-02-29, Vacation of Easement-Lot 23, Block 390, Sebastian Highlands Unit 11 (GMD Transmittal 6/28/02, R-02-29, Map, Report, Application, Utility Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A PORTiON OF A CERTAIN EASEMENT ON LOT 23, BLOCK 390, SEBASTIAN HIGHLANDS UNIT 11; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. Resolution No. R-02-30, Cemetery Changes (City Clerk Transmittal 7/2/02, current rates, R-02-30) A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA RELATiNG TO MUNICIPAL CEMETERY RATES; ESTABMSHING RATES FOR IN-GROUND LOTS, CREMAIN8 LOTS, COLUMBARIUM NICHES, PERSONNEL SERVICES, CORNER MARKERS, AND NICHE VASES AND RINGS; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. 4 Regular City Council Meeting July 10, 2002 Page Five DRAFT 02.118 E. Authorize Purchase of Various Software Licenses and Backup and Storage Equipment (Finance Transmittal 7/3/02, Quotes) 02.054 F. Approve Additional $10,316.56 Payment to Ranger Construction (Public Works Transmittal 7~2~02) 02.153 G. FPL Pole Attachment Agreement for Banners (City Manager Transmittal 7/3/02, Agreement) The City Attorney read Resolution Nos. R-02-27, R-02~29 and R-02-30 by title. Mayor Barnes removed Item C for discussion. MOTION by Majcher/Barczyk "1 make a motion to approve consent agenda items A, B, D, E, F and G." ROLL CALL: Mr. Hill - aye Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - aye MOTION CARRIED 5'0 Item C - Resolution No. R-02-29 Mayor Barnes asked for clarification that staff is carefully reviewing rear easement vacation applications before bringing them to City Council and the City Manager assured h~.m that was being done. MOTION by Barnes/Hill "As long aS they're taking a good look at it, I'll move to approve item C." ROLL CALL: Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - aye Mr. Hill - aye MOTION CARRIED 5-0 5 Regular City Council Meeting July 10, 2002 Page Six DRAFT 12. PUBLIC HEARING 02.137 A. S~eecond Readina and Public Hearirm of Ordinance No, O-02-12-Momtorium Extension [.~ltv Manaaer Transmittal 7/2/02~ O'02,12. Ad3 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; SE'I-rING FORTH EXPIRATION; PROVIDING FOR CONFMCT, SEVERABILITY AND EFFECTIVE DATE. (Diaplay Ad 7/5/02) The City Attomey read Ordinance No. O-02-12 by title and the Ma~°r opened the public hearing at 7:50 p.m. The City Attorney said this is to give stafftime to finalize the cell tower ordinance and reiterated that. Planning & Zoning would like to conduct a workshop with Council. Being no input, Mayor Bames dosed the public hearing. MOTION by Majcher/Barczyk "Move to adopt Ordinance No. O-02-12." ROLL CALL: Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - aye Mr. Hill - aye Mr. Barczyk - aye MOTION CARRIED 5-0 02.028 13. 14. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred orwes discovered within the previous six months which is not othenefse on the agenda - sign.up required - limit of ten minutes for each speaker None. COMMITTEE RE. pORTS/RECOMMENDATIONS Code Enforcement Boa~ I. Interview. Unless Waived and A~)ooint One Alternate Member (City Clerk Tr~.rlsmitta1711/02. aoolications, adh City Council interviewed Mr, Neglia, Mr. Griffin, and Mr. Madsen. 6 Regular City Council Meeting July 10, 2002 Page Seven DRAFT MOTION by Hill/Coniglio "1 move to appoint Mr, Lee E, Gdffin to the alternate member position, unexpired term 61112004." ROLL CALL: Mr. Majcher - nay Mayor Barnes - aye Mr. Hill - aye Mr. Barczyk - nay Mr. Coniglio - aye MOTION CARRIED 5-0 02.043 Tree & Landscape Advisory Board I. Interview. Unless Waived and Ar)ooint Qne Alternate Member ¢Citv Clerk Transmittal 7/1/02, aDolications, ad. bG.a,rd,,members) Ms. Shuttleworth was not present, MOTION by Hill/Coniglio "1 move to appoint Mr. Henry Madsen to the alternate member position, unexpired term to expire 11/1/2002." ROLL CALL: Mayor Barnes - aye Mr. Hill - aye Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye MOTION CARRIED 5-0 ~-: 15. OLD BU~INE$~ 02:1:54 A. Reauest from Mark Lund (City Manaaer Transmittal 7/3/03. Cor ,.~,Sl~,ndence) The City Manager briefly described the code enforcement matter for Mark Lund (see Mr. Lund's submittal attached). Mr. Lund explained the case going back to 1998 and asked for help from Council. The City Attorney said he had listened to the hearing tapes and advised Council on the cases which started in 1985 and then again from 1993 to the present. TAPE I - 81DE fl (9:02 p.m.) 7 Regular City Council Meeting July 10, 2002 Page Eight DRAFT He said the old lien was waived by Code Enforcement and then they finalized the second lien at approximately $7,500 but did not set a time limit, He then explained that liens are not only against the property but against ail. properties owned by the violator, noting a new lien has not been placed on the Felismere property. He explained the three types of homestead property and Council's options which are to forgive it, reduce it, release only the Fellsmere property, etc. A lengthy discussion followed. MOTION by Coniglio/Hill "! would be inclined to review this or look at it again, or hear it again after a report from Code Enforcement, I really would, I don't think it is fair to the citizenry that to make that kind of decision unless you are there [in current compliance]." ROLL CALL: Mr. Hill - aye Mr, Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - aye MOTION CARRIED 5-0 The City Manager clarified that Code Enforcement should review the property. Mayor Barnes called recess from 8:30 p.m. to 8:45 p.m. All members were present upon reconvening. 16. NEW BUSINESS 02.062 ~FjrstReadina Ordinance NO. 0-02-09 Secondary Frontvards. Schedule Second Readina al~.d Public Hearina July 24. 2002 i'GMD Transmittal. 0-02-09) AN ORDINANCE OF THE CiTY OF SEBASTIAN, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE, CITY CODE SECTION 54-2-5.2.3 SINGLE FAMILY RESIDENTIAL DISTRICT (R$-10) PROVIDING SECONDARY FRONT YARD SETBACKS AND SECTION 54-5-22.2 DEFINITION OF TERMS: YARD, FRONT; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attomey read Ordinance No. 0-02-09 by title and briefly explained the amendments. He advised that a builder could request a variance if need be, MOTION by MajcherlConiglio 'Hold a first reading and schedule a public hearing for July 24~', 2002 for Ordinance No. O-02-9." Regular City Council Meeting July 10, 2002 Page Nine ROLL CALL: Mr. Barczyk Mr. Coniglio Mr. Majcher Mayor Barnes Mr. Hill - aye - aye - aye - aye - aye DRAFT MOTION CARRIED 5-0 02.155 Endorsement of Five Year Capital Plan fo[ Discretionary Sales Surtax ExtensiorL(C~it¥ Manac~er Transmittal 7~3/02. Prooram) The City Manager presented the five year capital plan analysis in support of the discretionary sales tax extension and recommended endorsement of the idea. He advised there is no requirement for formal approval at this time, rather that this is a tool to initiate analysis of future needs and support for the extension. Discussion followed on the importance of lobbying for the discretionary sales tax. MOTION by Barczyk/Coniglio "Move to endorse five year plan as presented." ROLL CALL: Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - aye Mr. Hill - aye Mr. Barczyk - aye MOTION CARRIED 5-0 02.156 C. Contract Award for Ememencv Clean U~3 CPublic__W..orks Transmittal 6/27/02~Booklet Under SeDarate Cover) Angle Tanner, Grubbs Emergency Services, Inc. addressed City Council on services that would provided. MOTION by MajcherlConiglio "1 make a motion to move to Waive the formal sealed bid procedures and approve the piggyback contract with Grubbs Emergency Services, Inc. for disaster recovery services on an as need basis and authorize staff to execute contract." Subject: 2002 Historic Preservation Grant Award Agreement/Special Category Terren~~o~re Agenda No. Department Origin: Date Submitted: 07-17-02 For Agenda of: 07-24-02 Exhibits: Historic Preservation Grant Award Agreement/Special Category Grants Grant No. SC 356 and Addendum to Grant Award Agreement No. SC356 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: As previously reported to you, the special category grant totaling $250,000 to help fund the Sebastian City Hall/Old Sebastian Elementary School interior restoration program was. authorized by Governor Jeb Bush, via the State of Florida Fiscal Year 2002/2003 budget, to take effect July 1, 2002. Therefore, staffis requesting approval to execute the Historic Preservation Grant Award Agreement and Addendum between the State of Florida, Department of State, Division of Historical Resources and the City of Sebastian. RECOMMENDED ACTION Move to authorize the City Manager to execute the Historic Preservation Gmat Award Agreement and Addendum between the State of Florida, Department of State, Division of Historical Resources and the City of Sebastian for the City Hall/Old Sebastian Elementary School interior restoration program. Historic l~reservation Grant Award Agreement Special Category Grants Grant No. SC356 This AGRBB~ is between the State of Florida, Department of State, Division of Historical Resources, hereinafter referred to as the Deparlment, and the City of Sebastian, a municipal corporation existing under the laws of the State of]Florida, hereinafter referred to as the (]rantee, relative to the Sebastian Elementary School, hereinafter referred to as the Project, and is entered into this ~ day of , The Department is re~pons~ole for the adm~intration of grant-in-aid assistance for historic preservation purposes under the provisions of Section 257.0517, ]Florida statutes. The Crrantee has applied for grant-in-aid assistance for the Project. The application, incorporated by reference, has been reviewed and approved in accordance with Chapter 1A-35, Florida A~' ~rafive Code, which regulates Historic Preservation Oranfs-in-Aid. Subject to the limitations se, forth in this Agreement, grant-in-aid funds in the amount of $250,000.00 (two hundred fifty.thousand dollars) have been reserved for the Project by the Department. The Deparunent and the Grantee agree as follows: Scope of Work The Project shall include the following authorized project work: Rehabilitation of the building for continued.City Hall and public use to include: a. Structural repairs; b. Selective demolition; c. Installation of KVAC, electrical, fire alarm, and plumbing systems; d. Installation of accessibility ramp and elevator; e. Restoration of historic stairs, trim, doors, and hardware; f. Installation of attic insulation; g. Interior painting; h. Installation of two fire stairs and exit doors at the rear of the building; i. Modifications to create three accessible restrooras; and j. Restoration of of interior plaster finishes and wood flooring on the second floor and first floor corridors. Grant l~eriod The gran~ period is effective on the date of the final signing of the Grant Award Agreement by all parties and ends on June 30, 2004. An grant funds must bc expended or be encumbered under the tenns of a binding con~'actual agreement by the Agreement ending dat~. Disbursement o£ Funds G-rant ftmds may be paid in four instalhrients. Crrantees shall submit the four signed Requests for Advanced Payment forms with th/s signed Grant Award Agreement to initiate the grant. The f'~rst installment may be requested by the Department upon full execution o£tlie C-rant Award Agreement, and for those projects requiring Restrictive Covenants, submission of a complete copy of thc Restrictive Covenants showing that it has been recorded by the appropriate Clerk of the Circuit Court. The second payment may be requested after the be§~g of thc second state fiscal quarter. The third payment may bc requested after the beghming of the th/rd state fiscal quarter and receipt of the project progress and expendilurc report for the Project's first report/n§ period. The final payment of grant funds may be requested when the C-rantec demonstrates that thc funds have been encumbered under the terms of binding contractual agreement or agreements, review and approval of project plans and specifications by the Department, and confirmation of the C_rrantee's local cost share. However, this payment schedule shall be subject to the timely £flinl/of required reports and to any special conditions required by the Oi~ice of thc Comptroller of thc State of Florida. b. The Grantee shall temporarily invest surplus grant funds in an interest bearing account, and interest earned on such investments shall be returned to the Department quarterly. Accounting Requirements The Grantee shall maintain an accounting system which provides for a complete record oftha use of all grant funds. This accounting system shall provide for: a. Accurate, current, and complete disclosure of the status of all grant funds. Records that identify adequately the application of funds for all activities related to the grant. In the absence ora proper accounting system with amounts detailing the application of funds, a separate checking account, containing only grant funds or specifically designated for grant funds, may be used. c. t~ffective control over and accountab/liry for all funds, property, and other assets. d. Accounting records that are supported by source documentation (i.e., invoices, bills, cancelled checks) and are sufficiently detailed to allow for a proper preaudit and postaudit. , Retention of Accounting Records Financial records, supporting documents, statistical records, and all other records including electronic storage media pertinent to the Project shall be retained for a period of five years after flae end of the grant period. If any litigation or.audit is initiated, or claim made, before the expiration of the five year period, the records shall be reta/ned until the litigation, audit, or claim has been resolved, bo The Grantee shall make all grant records of expenditures, copies of reports, books, and rehted documentation including electronic storage media available to the Department or a duly author/zed representative of the State of Florida for inspection at a reasonable time for the purpose of conducting audits, examinations, excerpts and transcripts. 6. Expenditures a. All expenditures must be directly related to the pm'pose of this grant and must be easily identified as such. b. Project costs may not include any expenditure or cost not directly related to the purpose of this grant as set forth in the scope of work. No expenditures shall be made from these grant funds for any costs incurred prior to the date of this Agreement unless authorized by the Department in writing prior to the expenditure. These grant funds will not be used for lobbying the Legislature, the judicial branch or any state agency. 2 10. 11. The Department shall not be liable to pay attorney fees,/nterest, late charges and service fees, or cost of collection related to the Grant. The Grantee shall not charge the Department for any travel expense without thc Departmenfs prior written approv~l. Upon obts~ing written approval, the Grantee ~ be author/zed to incur travel expe~s to be reimbursed in accordance with the provisions of Section 112.061, Florida Statutes. Restrictive Covenants With the exception of those properties owned bythe State of Florida or the United States Federal Government, as a condition for receiving grant funds, the Grantee shall have fully executed and duly recorded in the county in which the property is located, the enclosed Restrictive Covermnts agreeing to the continued maint~umce, repa/r and administration of the propcn'y receiving grant assistance in s manner satisfactory to the Department for a period of ten years from the date of recordation by the appropriate Clerk of the Circuit Court. Standards The Grantee shall carry out all project work in corot)fiance with the Secretary of the Interior's Standards for l~habilitation or the Secretary of the Interior's Standards for Archaeological Documentation, which are incorporated by reference. Review Pursuant to Section 267.06 I(3)(0, Florida Statutes, the Grantee shall provide the Department an opportunity to review and approve architectural documents for the project at the following points in their development: ~ upon completion of schematic desiin;. b. upon completion of design development and ouflhe specifications; and c. upon completion of working drawings and specifications, prior to execution of the construction contract. Procurement Documentation The Grantee shall submit complete bid documents and a copy of the finM contract for construction work to the Department' for review and approval prior to final execution by the Crtantee, Progress and Expenditure Reports The Grantee shall submit to the Department a completed 'Progress and Bx~enditure Report" form for every reporting period of the grant period. Progress and Bxpenditure Reports shall be received by'the Department within 30 days of the ending of a reporting period. Within 30 days of completion of project work, the Grantee sh~ll submit the completed "Final Progress and Expenditure Report" form to the Department. 12. Notices, Schedules and Sponsorships All publications, media productions, and exln]~it graphics shall include the following statem~t in the same size, type style, and location as the organization name: "Sponsored in part by the State o/Florida, Department of State, Division of 2Cfistorical Resources, assisted by the Florida Historical Commission." All projects shall display a project identification sign in a prominent location at the Project site while work is m progress. The sign must be a m/nimum of eight square feet in area, be constructed of plywood or other durable material, and shall contain the following acknowledgment of grant assistance: ¢'This project has been financed in part with historic preservation grant assistance provided by the State of Florida, Florida Department of State, Dtvlslon of Historical Resources, assisted by the Florida ttistorlcal Commission." Any variation in the above specifications must receive prior approval by the Department. The cost of preparation and erection of the project identification sign are allowable project costs. Routine maintenance costs of project signs are not allowable project costs. 13. 14. Liability The Department shall not assume any liability for the acts, omissions to act or negligence of the Grantee, its agents, servants or employees; nor shall the Grantee exclude liability for its own acts, omissions to act or negligence to the Department. The Grantee hereby agrees to be responsible for any injury o.r property damage resulting from any activities conducted by the C-rantee, its agents, servants or employees. The Grantee, other than a grantee which is the State or agency or subdivision of the State, agrees to indemnify and hold the Department harmless from and against any and all claims or demands for damages resulting from personal injut3r, including death or damage to property, arising out of any activities under this Agre~aent and shall investigate all claims at its own expense. Co The Grantee shall be responsa]~le for all work performed and all expenses incurred in connection with the project. The Grantee may subcontract as necessary to perform the sex, rices set forth in this Agreement, including entering into subcontracts with vendors for services and commodities, provided that it is under- stood by the C~rantee that the Department shall not bc liable to the subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. Non-Discrimination The Grantee will not discriminate against any employee employed in the performance of this Agreement, or against any applicant for employment because of race, religion, color, handicap, national origin, age, gender or marital status. The Cuantee shall insert a similar provision in all subcontracts for services by this Agreement. 15. Public Access The Department shall ~terally cancel this A~reement in the event that thc Cuantee re/kses to allow public access to all documents or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Grantee in conjunction with the Agreement. 4 16. 17. 18. 19. 20. Termination of Agreement The D~p~u~anent shall have the authority to canoe] this Agreement because of failure of the Crrantee to fulfill its obligations under this Agreement or any other pa,~ or present grant award agreement with this Division or any other Division within the Deparunsnt of State. Satisfaction of Obligations by the Crnmtee shall be determined by the Depa~u~ent. The Depariment shall provide the Crmutee s written notice of default letter. The Grantee shall have 15 calendar days to cure the default, unless it is determined by the Department that the default is of a nature ttmt canuot be cured. If the default is not curedby the Grantee within the stated period, the Depm'u~nent shall termiuate this Agreement. Notice shall be sufficient if it is delivered to the pm-ty personally or mailed to its specified address. In th~ event of termination of this Agreement, the Grantee will be compensated for any work completed in accordance with this Agreement prior to notification of termination, If the Grantee viohtes any of the provisions of this Agreement, the Department shall have the right to demand the return of moneys delivered and withhold subsequent p~yments due under ~ or other grants. If notice of termi,~ation is given, the Depm-Unvnt shall not be liable for services rendered, expenses incurred or goods delivered after receipt of the notification of termination. Availability of Funds The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. In the event that. the state f~uds on which this Agreement is depend~nt are. withdrawn, this Agreement is terminated and the Department has no further liability to the Grantee beyond that already incurred by the termi-~tiou date. In the event of a state revenue shortfall, the total grant shall be reduced in proportion to the revenue sheriff. Audit Bach grantee, other than a grantee which is a State agency, shall submit to an audit or submit an attestation statement pursuant to Section 216.349, Florida Statutes. All audits or attestations as described above shall be submit~d within six months of'the close of the Grantee's fiscal year, or Within six months of the ending of the C.~rant Period. ~ audits or attestations must cover each of the (3rantee's fiscal years fOr which grant funds were received or expended under this Agreement Local Cost Share The (h'antee shall expend $138,9~2.00 (one hundred'thirty-eight thousand nine hundred fifty-two dollars) in Local Cost Share funds for the Project. The Orantee shall substantially justify To the Department all expenditures related to the Local Cost Sham. Any portion of the Local Cost Share not substantially justified will be reduced from the total amount of the grant. Independent Capacity of Grantee The Grantee. if not a State agency, agrees that its officers, agents and employees, in performance of this Agreement shall act in the capacity of.an independ~t contractor and not as an officer, agent or employee of the State of Florida. The Grantee, if not a State ag~mcy, is not entitled to accrue any benefits and ~ny oth~ rights or privileges connected with employment in the State Career Service. The Grantee agrees to take such stops as may be necessary to ensure that each subcontractor of the Grantee will be deemed to be an independent contractor and will not be considered or permitted to be an officer, agent or employee of the State. b. Grant funds carmot be used to pay for the services of a State employee for time for which the employee is being paid by the State. 21. 22. 23. Conflict of Interest The grantee shall comply with the laws of the State of Florida governing conflict of interest and standards of ethical conduct, including Chapter 112, Part HI, Florida Statutes. In addition, no grantee official, employee, or consultant who is authorized /n his or her official capacity to negotiate, make, accept, approve, or take part in decisions regard/ng a contract, subcontract, or other agreement in connection with a grant assisted project shall take part in may decision relating to such contract, subcontract or other agreement in which he or she has any financial or other interest, or in which his or her spouse, minor child, or partner, or any organization in which he or she is se-~ring as an officer, director, trustee, partner, or employee of which he or she has or is negotiating any arrangement concerning employment has such interest. Governing Law This Agreement is executed and entered into in the State of Florida, and shall be construed, performed, and enforced in all respects in accordance with the laws and rules of the State of Florida. Each party shall perform its obligations hereunder in accordance with the terms and conditions of this Agreement. b. If any terra or provision of this Agreement is found to be illegal and unenforceable, the remainder of this Agreement shah remain in full force and effect and such term or provision shall be deemed stricken. Preservation of Remedies No delay or omission to exercise any right, power or remedy accruing to either party upon breach or defanlt by either party under this Agreement, slmll impdr any such right, power or remedy of either party; nor shah such delay or omission be construed as a waiver of any such breach or default, or any similar breach or default. 24,¸ Non-Assignment The Grantee shall not assign, sublicensc or otherwise transfer it fights, duties or obligations under this Agreement without prior wri~n consent of the Deparnnent which consent shall not be unreasonably withheld. The Agreement transferee must also demonstrate compliance with Chapter 1A-35, Florida Administrative Code. If the Department approves a transfer of the Grantee's obligations, the Grantee remains responsible for all work performed and all expenses incurred in connection with the Agreem~rnt. In the ewnt the Legislature transfers the rights, duties and obligations of the Department to another, government entity pursuant to Section 20.06, Florida Statutes, or otherwise, the rights, duties and obligations under this Agreement shall also be transferred to the successor-goverament entity as if it were an original party to the Agreement. 25. Binding of Successors This Agreement shall bind the successors, assigns and legal representatives of the Grantee and of any legal entity that succeeds to the obligations of the Department. 26. Notification Unless there is a change of address, any notice required by this Agreement shall be delivered to the Burean of Historic Preservation, Division of Historical Resources, Florida Department of State, IL A. Gray Building, $00 South Bronough Street, Tanahassee, Florida 32399-0250 for the Department, and to City of Sebastian, 1225 Main Street, Sebastian, FL, 32958, for the C-~antee. Unless the Grantee has notified the Department in writing by return receipt mail of any cha~ge of address, ail notices shall be deemed delivered if s~nt to the above address. 27. Sovereign Immunity Neither the State nor any agency or subdivision of the State waives any defense of sovereign immun/ty, or increases the I/mits of its liability, upon entering into this contractual rclationshlp. 28. Strict Compliance with Laws The Grantee agrees that all acts to be performed by it in connection with this Agreement shall be performed in strict conformity with all applicable laws and regulations of the State of Florida. 6 29. Copyright and Royalties When publication~, films, or sim/l= nmterials are developed, directly or indi~ctly, from a program, project or activity supported by grant fun&, any copyright resulting therefrom shall be held by the Florida Department of State, Division of Historical Resources. The author may arrange for copyright of such materials only after approval, from the Department Any copyright arranged for by the author shall include acknowledgment of l~*ant assistance. As a condition of grant assistance, the grantee agrees to, and awards to the Department and, if apphcable, to the Feds'al C, oVemmen~, and ~o it~'officers, agents, and employees acting wi~in the scope of their official duties, a royalty-free, nonexclusive, and hlzvocable license ~l~roughout the world for official purposes, to publish, translate, reproduce, and use all subject data or copyrightable material based on such data covered by the copyright 30. Entire Agreement This instrument embodies the whole Agreement of the parties. There are no provisions, terms, conditions, or obligations other than those contained herein; and this Agreement shall supersede all previous conununications, representations or agreements, either verbal or written, between the parties. No amendment or extension of this Agrecment shall be effective unless in writing and prop~ly executed by the parties. ADDENDUM TO GRAI~ AWARD AGREEMENT NUMItER SC3~6 AUDIT _RE. OI_IIREME~S The admiuis~tion of resomces awarded by the Depaztm~t of State to the Grantee may be ~ubj~ct m audits and/or monitoring by the Deparlment of Sla~ as ~scribed in this Addendum to the ~t Award iV[QNITORIN.~ In addition to reviews of audits conducted in' ~ce with OMB Ckcular A-133 and Section 215.97, F.S., as revised, monitoring procedures may include, but not bc limiU~d to, on-site visits by Deparlm~t of State staff, limited scope audits as defined by OIvIB Circular A-133, as revised, and/or other procedures. By entering into this a~nent, the recipient agrees to comply and cooperate with any monitoring procedures/processes de~med appropriate by the D~parUn~t of State. In the event the Departm~t of State detcrmiaes that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional inslructions provided by the D~artment of State staff to the recipient regarding SUCh audit. The recipient further agrees to comply and cooperate with any iaspections, reviews, invesligations, or audi~s deemed necessary by the Comptroller or Auditor Crenc~. AUDIT~ PART I: FEDERALLY FUNDED Tkis part is applicable ff the recipient is a State or local government or a non-profit o~anization as defined in OMB Circular A-133, as revised. In the event that the recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit ~ in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT I to this agreemmt indicates Federal resourees awarded through the Department of State by this agreement. In ~ing the Federal award~ expended in its fiscal year, the recipient shall consider all sources of Fedm'al awards, Including Federal resources received from the Depat~nent of State. The determination of amounts of Fecl~rral awards expended should be in accordance with the guidelines established by OMB Circular A-t33, as revised. An audit of the recipient conducted by the Auditor General in accordance with the Provim'ons OMB Circul~ A-133, as revised, will meet the requirements of this part. " In connection with the audit requiremimts add~sed ia Part I, paragraph 1., the recipient shall ~ltill the requirements relative to auditee rcsponm~oilities as provided in $ubpart C of OMB Circular A. 133, as revi~ed. If the recipient expends less than $300,000 ia Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A,133, as revised, is not required, in the event that the recipient expends less than $300,000 in Fedm'al awards in i~s fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit mu~t · be paid from non-Fedmal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). The Intemet web addresses listed below will assist recipients in locating documents referenced in the text of this agreement and the interpretation of compliance issues. State of Florida Depm~rnent of Bankin~ and Finance (Comptroller) http :/~mrw.dbf. state.fl.us/ Federal Office of Management and Budget Circulars Index htt~://vrww.wkitehouse,l~ov/01VIB,,/~,rants/index,html~circu!srs Governor's Office Initiatives, Florida Single Audit Act ~ ://wv~.......~vflorida.com/mvflorida/~overnment/~overnor~..'.tiatives/fs aa/ State of Florida Legislature (Statutes, Legislation relating to the Florida Sinl~le Audit Act) http://ww~..:le2.state.fl.us/ PART II: STATE FUNDED This paxt is applicable ff the recipient is a nonztate entity as defined by Section215.97(2)(1), Florida Statutes. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $300,000 in any fiscal year of such recipient, the recipient must have a State siugle or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable niles of the Executive Office of the Governor and the Comptroller; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. BXHIBIT 1 to this agreement indicates state financial assistance awarded through the Department of State by this agreement. In detenninin~ the state financial assistance expended in its ~scal year, the recipient shall consider all sources of state .financial assistance, including state fiuancial assistance received from the Department of State, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that thc audit complies with the requlrernents of Section 215.97(7), Florida Statutes. This includes submission ~ of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 J~(local governmental entities) or 10.650 (nonprofit and for-profit organizations), P~ules of the Auditor If the recipient expends less than $300,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less th~n $300,000 in state fimmc~ assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from thc recipient's resources obtained from other than State entities). PART m: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this agrecmen! shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revLsed, by or on behalf of the recipient dkectly to each of the following: A. The Department of State at each of the following addresses: Division of Historical Resources Bureau of Historic Preservation Grants and Bducation Section 500 South Bronongh S~eet Tallahassee, FL 32399-0250 The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A. I33, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of thc Census 1201 East 10a Street ~effersonville, ]lq 47132 Other Federal agencies and pass.through entities in accordance with Sections .320 (e) and (f), OMB Circular A- 133, as revise& In the event that a copy of the reporting package for an audit required by PART I of this agreement and conducted in accordance with OMB Circular A-133, as revised, is not required to be submitted to the Department of State for the reasons pursuant to Section .320 (e)(2), OMB Circular A-133, as revised, the recipient shall submit the required written notification pursuant to Section .320 (eX2) and a copy of the recipient's audited schedule of expenditures of Federal awards directly to each of the following: Division of Historical Resources Bureau of Historic Preservation Grants and Education Section 500 Sou~h Bronough Su'eet TaJ~lahassee, FL 32399-0250 Copies of'fiuancial reporting packages requtz,~d by PART H of this agreement shall be submitted by or on behalf of the recipient ~ to each oftbe fonow~ns: A. The Department of State at each of the following addresses: Division of Historical Resources Bureau of Historic Preservation (3rants and Bducation Section 500 South Bronough S~reet Tallshassee, FL 32399-0250 B. The Auditor ~'neral's Orifice at the fo[lowinE address: Auditor General's Office Room 401, Pepper Buildin§ 111 West Madison Street Tallahassoe, Florida 32399-1450 Any reports, management letter, or other/nformation required to be submitted to the Department of State pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local govemmenUd entities) or 10.650 (nenprofit and for-profit organizations), Rules of the Auditor General, a~ applicable. Recipients, when submitting financial reporting packages to the Department of Sta~e for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit orga~i~,ations), Rules of thc Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART IV: RECORD RETENTION The recipient shall retain su~dent record~ demonstrating its complla~ce with the ~ of this agreement for a per/od of five ycars from the date the audit re~ort is hsued, and shall allow tho Department of State, or its designee, Comptroller, or Auditor General access to such record~ upon request The recipient shall ensure that audit working papers arc made available to the Department of State, or its des/gnee, ComptroUer, or Auditor Creneral upon request for a per/od of tbxee years from the date the audit report is /~sued, unless extolled/n wr/t/ng by the Department of State. EXKIBiT 1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THiS AGREEMENT CONSIST OF TH~ FOLLOWING: NOTE: If the resources awarded to the recipient represent more than one Federal program, provide the same information shown below for each Fed~ral program and show total Federal resources awarded. Federal Program National Park Se~vicc, U.S. Depar~anent of the Interior, Historic Preservation Fund Grants-In-Aid, CFDA # 15-904, $0.00. COMPLIANCE REQIYiREMENTS APPLICABLE TO THE PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: As contained in OMB Circular A-133 FEDERAL RESOURCES AWARDED SUBJECT TO SECTION 215.97~ FLORIDA STATUTES: State Project Florida Department of State, Acquisition/Restoration of Historic Properties, CSFA Number 45.032 $250,000,00 (two hundred fifty thousand dollars). COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREE1VIENT ARE AS FOLLOWS: As contained in the Compliance Supplement to CSFA Nnmber 4.5.032. The Grantee has read this Addendum to the Grant Award Agreement and has aflhxed their signature: CITY OF SEBASTIAN Signature of Authorized Official ~yl~d Name and Title Of Authorized Official City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject Work Authorization for Professional Services - Kimley-Horn and Associates, Inc. for Cemetery As-Built Survey of Cemetery Improvements ~ubmlttal by: Agenda No. Department Origin: City Cler~. ~ , · General~~ Date Submitted: 7!!7/02 For Agenda of: 7/24/02 Exhibits: City Clerk Memo 316102, Pontem Mapping Info, Work Authorization ft5 Expenditure Required: Amount Budgeted: Appropriation Required: Not to Exceed $19,000.00 $19,000,00 SUMMARY STATEMENT During the process of reorganizing cemetery records and inputting data into the Pontem cemetery software purchased last year, we discovered that the latest cemetery maps on file were 1981 and 1986 plats. Over the years, changes have been made to platted lots, small outparcels designated as planters have been used as cremains lots, and columbarium niches have been installed and more are planned. No individual lots are shown for old units one and two and no map shows current improvements at the cemetery. We need a map in bitmap format to use with the software. I submitted a memo (see attached) to the City Manager and General Services Director in March asking for their concurrence to obtain a survey of cemetery improvements as they exist today. The City Manager then directed staff to work with me to implement the program, The City Engineer, Cemetery Sexton and I met for several hours with Chris Demeter of Kimley-Horn to review and determine our needs, We then met with the Finance Director and General Services Director and the resulting Work Authorization is before you for approval in an amount not to exceed $19,000. Per the Finance Director, there are funds available in Non-Departmental - Other Contractual Services. It is my strong desire to continue the reorganization of cemetery records to completion with a goal of providing the best set of records for our municipal cemetery as is possible. Records were very sketchy from the early years and will never be perfect, but I feel we owe it to future staff to leave the best information we can. An important component of the records will be a map that shows all lots within all blocks and all improvements that have been made since 1986. The Cemetery Sexton and I are walking the cemetery cross*referencing our records and we will fill in the owner/burial information on the map once complete, Cemetery date in Pontem will be cross-referenced with the new map and wall maps will provide quick reference for both City Clerk and cemetery staff. RECOMMENDED ACTION Move to authorize the City Manager to execute the Kimley-Hom and Associates, Inc, Work Authorization for Professional Services f~5 in an amount not to exceed $19,000. DATE: TO: THROUGH: FROM: RE: ME March 6, 2002 Paul Wagner General Services Terrence Moore City Manager Sally A. Maio City Clerk Survey of Cemetery MORANDUM In 1986 the City bid out the survey of (then) new units 3 and 4 of the cemetery, The survey was awarded to Carnahan and vellums were purchased following completion. Since that time some of the lots in unit four have been divided and small outparcels have been added for use for cremains lots. We are currently selling in unit four. Unit three has not been used at all yet. Units one and two are included on old maps but the individual lots are.not shown. The new software we are using has the capability of cross referencing data with maps that are input into the system, but since we don't have a good map of the entire cemetery we have yet to utilize this. Since we already have fairly good surveys for units three and four, I am recommending.that we use that information and look into the cost of a survey of the entire cemetery showing each lot within each block that will provide us with a good mapping system that we can enter into the computer and full size maps that we can keep in the Clerks office and Sexton's office. I understand that this is something that will have to keep until the next fiscal year. As we proceed to prepare our budgets and in keeping with our on-going plan to refine our cemetery records, I believe this is an extremely important project for the City. sam cc: city Engineer, Dave Fisher Public Works Director, Tern/hill Kip Kelso, Cemetery Sexton Pontem~' Professional Cemetery Management '99 Adding a map to your cemetery The Pontem~ Professional Cemetery Management software allows you to associate as many map files with your cemetery data as you wish. This is done when setting up your cemetery. Maps can be added at any time through the cemetery setup screen. Only maps in a bitmap file format can be associated with the Pontem® software. For details see: How does the mapping module work? 1. 2. To Add a Map to Your Cemetery: Save the map file you wish to add to your Pontem database folder. Go to the 'cemetery setup screen bY choosing Setup Cemetery from the program's File menu. If you have multiple cemeteries, confirm that you are viewing the setup information of the cemetery for which you wish to add a map. Select the Maps tab as shown below. Click the edit button ,;~i :~',.'.~'..;'4::,,;:~]. You will be asked if you would like to modify the map data or add a new map. Choose add a new map and click OK. Your cursor should be in the map name field. Give the map a deecdptive name that makes sense to you, such as Section A, or Garden of Angels. In the next field, labeled map file type the location of your map file or browse to It's ,',. ;,~.1 location by clicking the browse button ~. I Once you have selected the correct map, click the save button '"'~"'"'~'r ~',-': :'.~' ,at the top of your setup screen, Click Done. 36 CITY OF SEBASTIfi~. FLORIDA .Work Au~0riz~fion for Prof.e~i0nal Services Project Identification: Survey services for Sdmsfian Cemetery Work Authorization No.: #5 IT I$ AGREED to undertake tbe following work in accordance with the provisions of our Master Agreement for Professional Servie~.dated November 30, 2000: Deseriotion of Assionmen~: See EXHIBiT "A" Scope of Services, attached Basis of Comp~81~tion/Period of Services Basis of Compensation will be on an hourly basis with a not to exceed amount of $19,000, as provided for in the Maztgr Agre~aent. Period of Services, work will commence upon execution of' this Work Order by the parties, and completion of the work' will take phce no later than ninety (90) consecutive calendar days henceforth. AGREED as to scope of services, time schedule, and budget this ..... day of ., 2002. CITY OF SEBASTIAN, A Florida municipal corporation K1MI,EY HORN AND ASSOCIATES, INC. By:. By:. Terrence Moore, City Manager Its: (Seal) Jeff B. Mullis Vice-President Attest: Sally A. Maio, CMC c! .,...Clerk ..... Approved as to Form and Contea~t for Reliance by the City of Sebasti~m Only: city Auor-4\ ' Staff Approvals: City Engineer ~ Public Works Director city clerk Finance Director General Services Administrator C.~DOCL~ I~ I ~T~mp~eb oem wo PROJECT UNDERSTANDING We understand that you require an As-Built survey of select improvements within the Sebastian Cemetery for use in the City's Pontem Professional Cemetery Managemem SCOPE OF SERVICES Preparation of the As-Butlt Survey This task will include the preparation of an As-Built Survey in accordance with the intent of the Florida Minimum Technical Standards set forth by the Florida Board of Processional Land Surveyors in Chapter 61Ci17-6, Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. The As-Built Survey will delineate the existing improvements lying within the plat of "Sebastian Cemetery" as recorded in Plat Book 6, page 42 and Plat Book 11, page 38 of the public records of Indian River County, Florida. This task includes the field location of all paved drives, buildings, fences and the existing monumentation marking the block corners and the platted boundary lines. The block lines and individual lot lines will be shown on this survey. DELIVERABLES PROVIDED TO THE CLIENT The final deliverable For this task will be 5 copies of the signed/sealed As-Built Survey (1" = 20') and a digital copy of the survey in bitmap file format (.BMP). INFORMATION SUPPLaXED BY THE CLIENT The following information, upon which the Consultant may rely, will be provided to Kimley-Hom and Associates, Inc. by the Client or its representatives; and/or performed by the Client. Recovery and exposure of the block comer monuments to be field located within the Sebastian Cemetery. City of Sebastian,. Florida Subject: Authorize City Manager to execute forty-nine (49) month Contract Service Arraugement Agreement With BellSouth Telecommunications, Inc. for General Su~es Tariff. Agenda No. ~)2~,/~ O Department Origin: Finance~~t~-~' Date Submitted: July 17, 2002 For Agenda of.' July 24, 2002 Exhibits: 1. , C, op}~ of Contract Services Arrange~nfl, ,A~reemen,~ , , EXPENDITLm~ [ AMOUNT BUDGETED: REQ~D: N/A I N/A A U%mnON ......... ~Q~D: N/A . S~Y On june 26, 2002, the City Council authorized a five year lease agreement with Siemens Financial Services, Inc. for the purpose of implementing a new phone system for the City. As part of this implementation, our current service will be replaced with a new service arrangement with BellSouth Teleconununieations for the connection service for local and long distance access. The current subscriber tariff under which we operate is based upon the number of phone lines in use times the cost of a business phone line, or about $1,811 per month. The new general subscriber services tariffwill cost $928.85 for one line out of the City to handle all calls as well as the analog lines which are mainstays for the City such as the City Hall number, golf course number, police department number, etc. The savings on the tariff costs will be approximately half of what we are currently paying. The new fee will go into affect when we switch over to the new system. RECOMMENDED ACTION Move to authorize the City Manager to execute the Contract Services Arrangement Agreement with BellSouth Telecommunications, Inc. for a period of forty-nine (49) months. CONTRACT SERVICE ARRANGEMENT AGREEME~ Case Number FL02-D831-03 This Contract Service Arrangement Agreement ("Agreement") is by and between BellSouth Telecommunications, Inc., a Georgia corporation, d/b/a BellSouth, ("Company") and CITY OF SEBASTIAN ("Customer or Subscriber"), and is entered into pursuant to Tariff Section A5 of the General Subscriber Services Tariff. This Agreement is based upon the following terms and conditions as well as any Attachment(s) affixed and the appropriate lawfully filed and approved tariffs which are by this reference incorporated herein. 1. Subscriber requests and Company agrees, subject to the terms and conditions herein, to provide the service described in the Attachment(s) at the monthly and nonrecutiiug rates, charges, and conditions as described in the Attachment(s) ("Service"). The rates, charges, ~ud conditions described in the Attachment(s) are binding upon Company and Subscriber for the duration of this Agreement. For the purposes of the effectiveness of the terms and conditions contained herein, this Agreement shall become,effective upon execution by both parties. For purposes of the determination of any service period stated herein, said service period shall commence the date upon which installation of the service is completed. 2. Subscriber agrees to subscribe to and Company agrees to provide any additional tar/fled services requ/red for the installation of the Service. Subscriber agrees to be responsible for all rates, charges, and conditions for such tariffed services. 3. This Agreement is subject to and controlled by the provisions of Company's or any of its affiliated companies' lawfully filed and approved tariffs, including but not limited to Section A2 of the General Subscriber Services Tariff and No, 2 of the Federal Communications Commission Tariff and shall include all changes to said tariffs as may be made from time to time. All appropriate tariff rates and charges shall be included in the provision of this service. The tariff shall supersede any conflicting provisions of this Agreement, with the exception of the rates and charges herein, in the event any part of this Agreement conflicts with terms and conditions of Company's or any of its affiliated companies' lawfully filed and approved tariffs. 4. This Agreement may be subject to the appropriate regulatory approval prior to commencement of installation. Should such regulatory approval be denied, after a proper request by Company, this Agreement shall be null, void, and of no effect. 5. If Subscriber cancels this Agreement prior.to the completed installalion of the Service, but a~r the execution of this Agreement by Subscriber and Company, Subscriber shall pay all reasonable costs incurred in the implementation of this Agreement prior to receipt of written notice of cancellation by Company, Notwithstanding the foregoint~ such reasonable costs shall not exceed all costs which would apply if the work in the implementation of this Agreement had been completed by Company. 6. The rates, charges, and conditions described in.the Attachment(s) may be based upon information supplied to Company by the Subscriber, including but not limited to forecasts of growth. If so, Subscriber agrees to be bound by the information provided to Company. Should Subscriber fail to meet its forecasted level of service requirements at any time during the term of this Agreement, Subscriber shall pay all reasonable costs associated with its failure to meet its projected service requirements. PRIVATI~PR~ARY CONTAINS PRIVATE AND/OR PROPRI~ARY INFORMATION, MAY NOT BE USED OR DI~ OUTSIDE TH~ B~IYI'H COMPANIES EX~ irlJl~U~ TO A WRITTEN AO~. Ps~e i of 6 Customer Initials Date CONTRACT SERVICE ARRANGElVIENT AGREEMENT Case Number FL02.D831-03 7. (a) If Subscriber cancels this Agreement at any time prior to the expiration of the service period set forth in this Agreement, Subscriber shall be responsible for all termination charges. Unless otherwise specified by the tariff, termination charges are defined as all reasonable charges due or remaining as a result of the minimum service period agreed to by the Company and Subscriber and set forth in the Attachment(s). 7. (b) Subscriber further acknowledges that it has options for its telecommunications services from providers other than BellSouth and that it has chosen BellSouth to provide the services in this Agreement. Accordingly, if Subscriber assigns this Agreement to a certified reseller of BellSouth local services and the reseller executes a written document agreeing to assume all requirements of this Agreement, Subscriber will not be billed termination charges. However, Subscriber agrees that in the event it fails to meet its obligations under this Agreement or terminates this Agreement or services purchased pursuant to this Agreement in order to obtain services from a facilities based service provider or a service provider that utilizes unbundled network elements, Subscriber will be billed, as appropriate, termination charges as specified in this Agreement. 8. This Agreement shall be construed in accordance with the laws of the State of Florida. 9. Except as otherwise provided in this Agreement, notices required to be given pursuant to this Agreement shall be effective when received, and shall be sui~cient if given in wn'ting~ hand delivered, or United States mail, postage prepaid, addressed to the appropriate party at the address set forth below. Either party hereto may change the name and address to whom all notices or other documents required under this Agreement must be sent at any time by giving written notice to the other party. Company BellSouth Telecommunications, Inc. Assistant Vice President 500 N. Orange Ave Orlando, FL 32801 Subscriber CITY OF SEBASTIAN 1225 MAIN ST.. SEBASTIAN, FL 32958 10. Subscriber may not assign its rights or obligations under this Agreement without the express written consent of Company and only pursuant to the conditions contained in the appropriate tariff. PRIVATE/PROPRIETARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSO~ COMPANIES EXCEPT PUl~UANT TO A WRITTEN AO~. Ps~o 2 of 6 Customer Initials Date CONTRACT SERVICE ARRANGEMENT AGRE~ Case Number FL02-D831-03 11. In the event that one or more of the provisions contained in this Agreement or incorporated within by reference shall be invalid, illegal, or unenforceable in any respect under any applicable statute, regulatory requirement or nde of law, then such provisions shall be considered inoperative to the extent of such invalidity, illegality, or unenforceability and the remainder of this Agreement shall continue in full force and effect. PRIVATNIPROPEIBTARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSI~ OUTSIDE THE BELLSOUTH COMPANIES EX~ PURSUANT TO A WRITTEN AOX. Pnge 3 of 6 Customer Initials Date CONTRACT SERVICE ARRANGEMENT AGREeMeNT Case Number FL02-D831-03 Option 1 of 1 Offer Expiration: This offer shall expire on: 11/10/02. Estimated service interval following acceptance date: Negotiable weeks. Service description: This Contract Service Arrangement (C.S.A.) provides for BellSouth® Primary Rate ISDN - Voice. fi)am (Standard) service. This Agreement provides for a forty-nine (49) month minimum service period. (Notes 1,2,4) IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives on the dates set forth below. Accepted by: Subscriber: CITY OF SEBASTIAN By: Authorized Signature Printed Name: Title: Date: Company: BellSouth Telecommunications, Inc. By: BellSouth Business Systems, Inc. By: Authorized Signature Printed Name: Title: Date: PRIVATE/PROPRIETARY CONTAINS PRIVATE AND/OR PROPRIETARY iNFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES F_.XCEPT PURSUANT TO A WRITTEN AOX. Pa~e 4 of 6 Customer Initials Dam Case Number FL02-D831-03 Option 1 of 1 RATES AND CHARGES Non-Recurring Monthly Rate USOC 1, BellSouth® Primary Rate ISDN Access Line, each $.00 $120.00 1LD1E BellSouth® Primary Rate ISDN Interface, each - Voice/Data (Standard) (Note 3) $.00 $340.00 PR71V BellSouth® Primary Rate ISDN B-Channel, each - Voice/Da~a (Standard) $.00 $17,00 PR7BV BellSouth® Primary Rate ISDN Telephone Numbers, per telephone number requested inward and 2-way $.00 $.20 PR7TF PRiVATE/PRimARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORltb~TION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A VVRITFEN AGREEMENT. P~'~5 of 6 Customer Initials Date CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number FL02-D831-03 Option 1 of 1 RATES AND CHARGES NOTES: 1. All applicable rates and regulations for BellSouth® Primary Rate ISDN as set forth in the General Subscriber Services Tariff are in addition to the rates and regulations contained in this C.S.A. with the exception that volume discounts as outlined in the tariff do not apply. 2. The following nonrecurring charges will not apply upon initial installation. However, if the service is disconnected prior to the expiration of this C.S.A., then the Subscriber will pay full nonrecurring charges as identified below in addition to applicable termination liability charges: Contract Preparation Charge WGGVF Each PRI Access Line 1LD1E Interface, Voice/Data Option PR71V B-Channels, Voice/Dam Option PR7BV $155.00 $875.00, each $110.00, each $ $.00, each 3. Apply five End User Common Line Charges for eaCh Primary Rate Interface. 4. Other rate elements used in the provision of the service may not have been listed herein but can be found in the appropriate BellSouth tariff. All trademarks and service marks contained herein are the property of BellSouth Intellectual Property Corporation. END OF ARRANGEMENT AGREEMENT OPTION 1 PRIVATF./PROPRIETARY CONTAINS PRI~rATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE BF..LLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITI'EN AOREEMHNT. Pnge 6 ~f 6 Customer Initials Date CONTRACT SERVICE ARRANGEMENT Page 1 of 1 AGREEMENT SALES NOTES Case Number FL02-D831-03 The following information is for internal use only AND SHOULD NOT BE PRESENTED TO THE CUSTOMER AS PART OF THE AGREEMENT. Option 1 of 1 For PRI-Voice/Data, the Class of Service is PRTRX. This is a Florida Case. Unless otherwise indicated, the rates and charges herein are not valid for locations in Independent Company territory. This model is not valid for a BellSouth Company Enhanced Service Provider, such as BellSouth.net. For sold cases, once the signed contract has been forwarded to the Headquarters Staff, the following intervals should be expected to gain regulatory approval to process this case: AL - 20 days for CSAs MS - 20 days for CSAs TN - 40 days for CSAs SC - 2 business days for CSAs and SSAs States not identified above should gain regulatory approval in 1 business day. PRIVA~O~T~Y CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES F_.XCF, Fr PUR$UANT TO A WRri ~HN AGEEI~IENT, City of Sebastian Description Quantity BellSouth Primary Rate ISDN (FL) E.~hange: SEBASTIAN (Rate Group 6) Payment Term: 49 to 72 Months Serving Arrangement: Local Serving Office Rate Plan: Flat Rate Access Line 1 interface- Voice/Dam (Standard) 1 B-Channels ~ Voice/Data (Standard) 23 D-Channels - Voice/Data (Standard) 1 Telephone Numbers for Voice/Data and Digital Data Inward/2-way 100 End Use~ Common Line CEUCL) 5 Telecommunications Relay Service 5 Exceas Line Port Charge - PRI 1 Local Number Portability 1 Federal Unlvemal Service Charge 5 Circuit Location #1 Termination: 561/589 Central Office: $BST~$O- RBOC BELLSOUTH TE£ECOMM INC-FL *Rates quoted for this product are based on Tariff Sections A42.$ (GSST), 13.3.21 (FCC I), 4.7 (FCC Custom Entry Description: BellSouth Special Pricing *The Custom Entry portlon of this quote has been manually entered and is subjeat to verification BellSouth Waiver 1 B Cbannoi NoYmal l~ate 23 B Channel Discounted Rate 23 Installation $875.00 $110.00 $115.00 $o.oo $0.0o $o.oo $o.oo $o.oo $o.oo ($1,1oo,oo) $o.oo $o.oo Monthly $120.00 $340.00 $948.75 $o.oo $20.00 $39.20 $0.40 $14.00 $1.75 $2.50 $0.00 ($948.75) $391.00 Total installation $0.00 TotlflMonthly$928.85 BellSouth Primary Rate,I,$DN (FL) CKL # 1 City of Sebastian 125 Main St Sebastian, FL 32958 Custom Entry (FL) (407) S66-9612 Created byOuoteExpen Page:l City of 8ebast~, Subject: Construction of Fuel Facility ~rrence~ Mo~re, City Manager Exhibits: Bid Tabulation Form Florida Agenda No. ~2,/~ / General Services: ~ Date Submitted: July 15, 2002 For A. ~enda of: July 24, 2002 EXPENDITURE REQUIRED: $67,839.00 AMOUNT BUDGETED: $ 80,000.00 APPROPRIATION REQUIRED: $ 0 SUMMARY In accordance with the City Purchasing Ordinance and in coordination with the Central Garage and other Dep~s, the City Purchasing Division solicited seal bids to engineer, design and construct an above ground un-leaded Fuel Facility located at the City OaragefPubllc Works compound, 1 O0 Veterans Memorial Way. Wilson's Petroleum Equipment, Inc. submitted the lowest responsive and responsible bid for the Fuel Facility- (See attached quote tabulation form). ~rtlson's Petroleum's bid price to engineer, design and construct the Fuel Facility is $ 67,839.00. The storage taxflc proposed by W'tlson's Petroleum meets the Uniform Fire Code and Underwriters Laboratories requirements for both "Fire-Resistant" and "Protected" (B~sfic and Impact Protection) tanks and comes with a 30-year warranty which remains in force if tank is relocated by owner. Because this is an above ground tank, approximately 28 feet long, the pump & tank can easily be relocated. The value added to the City by the Pud Facility is cost savings via bulk purchase offueland the ab'dity to insure fuel supply to all City vehicles during RECOMMXNI)EI) Move to award contract to Wilson's Petroleum Equipment, Inc. in the mount of $67,839.00, to engineer, design and construct Fuel Facility, and authorize statfto execute an agreeanem for same. Subject: Interagency Agreement - Florida Department of Corrections ubmittal by: City of Sebasti..a.n, Florida Agenda No. Department Origi~ Publi~W~rks Dept. ead: Finance: General Services: Date Submitted: 07/17/02 For Agenda of: 07/24/02 Exhibits: Agreement EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: $ 0 $ 0 REQUiRED: It has been the practice in past years to enter into an agreement with the Department of Corrections for free labor to assist the city with projects and other clean up procedures. Last year the Department of Corrections suspended this practice and they were sorely missed. They have once again sent us an agreement for approval for a one-year term. The Public Works Department recommends approval of this agreement at this time. RECOMMENDATION Move to authorize staff to execute the agreement with the Florida Department of Corrections for labor assistance for a one-year period effective July 1, 2002 to June 30, 2003. FLORIDA DEPARTMENT of CORRECTIONS An Affirmative Action/Equal Opportunity Employer 260t Blair Stone Road · Tallahass~e, FL 32399-2500 Governor JEB BUSH Secretn~ MICHAEL W, MOORE http://www, dc.state.fl.us June 24, 2002 Mr. Terry Hill Director of Public Works 1225 Main Street Sebastian, Florida 32958 Re: Interagency/Public Works Agreement Dear Mr. Hill: In accordance with Florida Statute 946.40 and Florida Administrative Code, Chapter 3.3-601.201 and 33-601.202, the attached agreement is submitted for your review and signature. The contact persons overseeing this program at Indian River Correctional Institution are Mr. J. Johnson, Assistant Warden and Lieutenant Linda Cochenour. They can be contacted at 564-2846,and 564-2787, respectively. The Department continues to have as one of its goals, work programs that provide support for the community as we'll as productive opportunities for the inmate population. We are pleased to participate with you in this program and request that you contact us, at any time, if you have concerns or questions about the execution of this agreement. Respectfully, Charles Matthews, Warden Indian River Correctional Institution CM/LC/lc cc: Jim Johnson, Assistant Warden Indian River Correctional Institution 7625 17~ Street Southwest · Veto Beach, Florida 32968 · Telephone: (561) 564-2812 · Fax: (561) 564-2880 FLORIDA DEPARTMENT OF CORRECTIONS' n rr RAG NCY/PUBL C WORKS AGRE NT (LOCAL AGP a mNT) This Agreement made and entered into this 24 day of June 2002, by and between the State of Florida, Department of Corrections, through its institution/facility, Indian River Correctional Institution (hereinafter referred to as "Department"), and the City of Sebastian Public Works, (hereinafter referred to as Agency"), is done so in accordance with Section 946.40 Florida Statutes and Florida Administrative Code Rule Chapters 33-601.201, Inmate Work Programs and 33- 601.202, Use of inmates in Public Works. The duration of this agreement is from 07/01/02 to 96/30/03. mo/rid/vt mo/dd/w Work performed under this Local Agreement is determined to be value added or cost savings as defined in the Community Work Squad Manual (check one). X Value Added ~ Cost Savings I. DEPARTMENT'S RESPONSIBILITIES The Department agrees to provide, or is responsible for, those items delineated by placement of an "X" in the space located to the left of the corresponding number. Items for which the Department is not responsible shall be marked "N/A" to the left of the number. Screen inmates for the work to be performed to assign inmates who do not present a danger to property or persons. Provide up to seven inmates each workday for the period of the agreemem. Community custody ( ); ~um custody ( ); Both ( X ). Provide one Vehicle and one Correctional Officers each workday to transport inmates to and from the work site. Provide Correctional Officer supervision of the work squad while performing work under this Agreement. X 5. Provide food and drinks for inmate lunches. X 6. Apprehend escapees and handle problem inmates. Provide transportation from the work site to the correctional facility for inmates whom refuse to work, become unable to work, or cause a disruption in the work schedule. Administer all disciplinary action to be taken against inmate(s) for infractions committed while under the supervision of the Agency. Inmate Labor Agreement Page 2 of 4 N/A 11. N./A 12. X 13. X 14. N/A 15. Provide for medical treatment of ill or injur~ inmates and transportation of such inmates. Conduct a background check, which includes a criminal history cheek, and obtain approval by the institution/facility Warden or designee prior to authorizing Non- D~artment Supervisors to partidpate in training to supervise inmate~. Provide orientation aud training to Non-Department Supervisor(s)approved to supervise inmates prior to their assuming supervisory responsibility of an inmate work squad. Training will be in accordance with the Department's guidelines for Non-Department Supervision of Inmates and will include annual .refresher training during each successive year of supervision by the Non-Department Supervisor. Notify the Agency in the event that an Agency employee fails to provide proper supervision of inmate(s). Provide inmates with all personal items of clothing appropriate for the season of the year. Have inmates ready for transpcmation/work at the appropriate times regardless of temperature or inclement weather, unless notified by the Agency of suspended work · operations, or when the Department determines that a work squad should not check out. Other (attach additional page(s) if necessary). H. AGENCY'S RESPONSIBILITIES The Agency agrees to provide, or is responsible for, those items delineated by placement of au "X" in the space located to the left of the corm~ number. Items for which the Agency is not responsible shall be marked '2q/A" to the left of the number. N/A 1. Provide the Department with a schedule of hours that inmates will be worked in accordance with the established workday for the Agency and the transpo~on time required. Any deviation from the established schedule will be reported to, and coord/nated with, the Department. N/A 2. Provide supervision of inmates in accordance with the Department's rules and regulations while perfonuing work under this Agreement. Non-Department Supervisors may supervise Community and Minimum Custody inmates. Each Non- Department Supervisor must successfully pass a background check that includes criminal history check, and must be approved by the institution/facility Warden or designee and complete required orientation/training in the supervision of inmates, prior to assuming supervision. ~ DC6-246 (Revised 5-02) inmate Labor Agreement Page 4 of 4 X 13. Other special considerations regarding activities of the work squad .that may be based on work location, etc. This agency is scheduled to receive inmate labor one day a week. Ill. SUSPENSION OR TERMINATION OF AG~ The Department or the Agency may suspend or terminate this agreement with immediate written notice, in whole or in part, to the other party when the interests of the Department or Agency so require. Agreed to and signed this ~ day of ,20._____. FOR DEPARTMENT OF CORRECTIONS: Title: Nallle: Title: FOR (name of agency receiving services): Name: Title: Name: Title: DC6-246 (Revised 5-02) Subject' Travel Approval City of Sebastian 1225 Main Street Sebastian, Florida 32958 Exhibits: FACC Letter, FLC E-Mail Expenditure P, equlred: Agenda No. Department Origin: City Clerk<~% Date Submitted: Fer Agenda of: Budget Available: Travel & Per Diem: $700 Appropriation Required: NIA SUM MAI~ .Y,,,$TATEMENT In accordance with Section 2-77 of the Code of Ordinances, charter officers are required to obtain prior approval for travel for which they wish to be reimbursed. Florida Association of City Clerks is holding a board meeti~the Florida League of Cities conference in Boca Raton August 15t' at 1 pm and as Chairperson of the Awards and Scholarships Committee I have been invited to attend. Also, General Counsel for the State Elections Division will conduct an educational session for FACC at the League conference August 16th at I pm. I am not certain of my schedule at this time, but in case I am able to attend either of these functions, I wanted your approval ahead of time. I do not intend to stay over in Boca Raton. The Orlando City Clerk has invited clerks in the Central East District to see a demonstration of her "paperless" agenda packet on September 27~' and the Deputy City Clerk and I plan to attend since we are in the process of trying to establish electronic agenda .packets for department heads as soon as possible to save copying costs. RECOMM, ENDED ACTION Approve City Clerk travel as requested for ,~. ugust 15, August 16 and September 27, 2002. CITY CLI~F~K City of Vero Beach 1053 - 20th PLACE - I~.0. BOX 1389 VERO BEACH, FLORIDA. 32961-1389 Telephone: (561) 978-4700 · Fax: (561) 978-4790 June 26, 2002 Central East District Clerks: Just wanted to thank you for allowing me to serve as your Central East Director for the next year. I also wanted to thank Faith Miller for serving as our Director for the last couple of years. Those are some tough shoes for me to fill. There will be an FACC Educational session for the City Clerks at this year's Florida League of Cities conference in Boca Raton on Friday, August 16th from 1:00 p.m. to 3:15 p.m., at the Boca Raton Resort & Club. The speaker for this event will be Phyllis Hampton, General Counsel for the State EleCtions Division. I hope to see all of you there. The FACC Institute of Government Career Institute will be held October 7~ - 11t~ in Palm Beach Gardens, Florida again this year. Please mark your calendarsl At this year's conference in Sarasota a session was held on CMC & MMC certifications. The session was very informative, but if you still have questions Sheri Burdiok at IIMC would be happy to answer them. Her e-mail address is: Shen~d~n¢.com. Ms. Candy Crawford, the City Clerk of Orlando, Florida has graciously volunteered an invitation to the Central East City Clerks to allow us to come and visit her City Hall and she will demonstrate the '~aperless agenda,paokage." The date we were looking at is the last Friday in September which would be September 27tu from lO:O0 a.m, to l:O0 p.m. Please check your calendars and let me know if that is a good date for you. Recently some actions were taken which ocxam~ during the 2002 general legislative session relating to public right of access to meetings and records. I have enclosed a copy of the revisions for your review. I have also enclosed a copy of a recent court case involving e-malls which has been helpful to my City. From: Sent: To: Cc: SubJeot: J ] I III II III IIIIII Anjie Ayars [AAyarsOflcities.com] Friday, July 05, 2002 1:51 PM CMC Barbara IVl~Daniel; CMC Betty Rk~.,hardson (E-mail); CMC Bonnie J. Mazurkiewich (E- mail); CMC Cherie White; CMC Dan Douoet (E-mail); CMC Delores Avery (E-mail); CMC Helen Raimbeau; CMC Irene Burroughs (E-mail); CMC Janice Goebel; CMC Judy L. Bullock (E-mail); CMC Julie Conley (E-mail); CMC Kathy Witherington; CMC Linda Culpepper; CMC Linda Depew; CMC Lorl Stelzer (E-mail); CMC Melissa E. Bums (E-mail); CMC Sally Maio; CMC Tammy rook (E-mail); CMC Teresa Soroka (E-mail); Laura Houchens; MMC Faith G. Miller (E-mail) Barbara Soils Next Board Meeting It's that time again (already~). The FACC Summer Board Meeting will take place at the BOCa Resort & Club, Boca Raton on Thursday, August 15, 2002 at 1:00 p.m. in the Qalleria South. Agenda items will be due to me by July 26, 2002. Please submit your information using your templates. The form my be either e-mailed or mailed; no faxes please, as they do not cody well. Please let me know by August Lunch will not be served. 2nd if you will be attending. NOTICE: Thanks, Anjie Ayars Meeting Planning Florida League of Cities P.O. Box 1757 Tallahassee, FL 32302 (850) 222-9684 ext. 283 Fax (850) 222-3806 City of Sebastia., ,t Florida, Subject: Second reading and public hearing for ordinance 0-02-9, regarding secondary front yard setback requirements for corner lots. -'~xhibi~dinance O-02-9 EXPENDITURE [ AMOUNT BUDGETED: REQUIRED: [None None Agenda No. Department Orig~.,i ,C_n:owth Management: Tracy E. Hass/'~ Ox'' . IDate Submitted: July 17, 2002 For Agenda of: July 24, 2002 APPROPRIATION REQUIRED: None SUMMARY As per directed by the City Council, staff researched the restrictive nature of setback requirements as applied to comer lots. As you are now aware, comer lots are restricted by 25' front yard setbacks, which applies to both the primary and secondary front, yards. The typical comer lot measures 90' in width, and by requiring a 25' secondary front yard setback, coupled with a 10' Side yard setback, houses are limited to a' width of 55'. However, many of the 3 bedroom, 2 bathroom homes being constructed today are 58' to 62' in width. Therefore, the standard Sebastian house cannot be constructed on the typical comer lot, although the same house can be constructed on a smaller 80' wide interior lot. Therefore, staff recommends reducing the secondary front yard setback for comer lots to 20', thus allowing a standard 60' wide house to be constructed on a typical 90' wide cOmer lot. By reducing the secondary front yard by 5', the visual appeal and appearance of the linear pattern established by consistent setbacks for an entire block will not be adversely affected. Additionally, the reduction of 5' will not adverselY affect any other public safety or welfare issues. The Planning and Zoning Commission held the required public hearing on June 20, 2002 concerning the above matter and by a 4-1 measure recommended approval of the attached ordinance. The Commission unanimously agreed that the secondary front yard setback should not be reduced by more than the recommended 5 feet. RECOM]V~NDED ACTION Hold required public hearing and move to pass ordinance No. O-02-9. O~INANCE NO. 0-02-9 AN ORDINANCE OF TEIE CiTY OF SEBASTIAN, 'FLORIDA, AMENDING THE 'LAND DEVELOPMENT CODE, CITY CODE SECTION 54-2-5.2.3 SINGLE FAMILY RESIDENTIAL DISTRICT (RS. · 10) PROVIDING SECONDARY FRONT YARD SETBACKS AND SECTION 54-5-22.2 DEFINITION OF TERMS: YARD, FRONT; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABiLITY; AND PROVIDING FOR AN EFFECTIVE DATE. WltEREAS, current provisions of the Land Development .Code require that secondary front yards of corner lots must meet the same front yard setbacks as the primary front yard; and WHEREAS, the City of Sebastian has determined that this requirement invokes a hardship on the owners of these corner lots in building their homes; and WHEREAS, the City of Sebastian has determined that a slight decrease in this secondary setback would provide an equitable solution to the problems experienced by these citizens without a significant impact upon the public good; and WHEREAS, a 'public hearing was held before the Planning and Zoning Commission on June 20, 2002, and that body recommends approval of the Land Development Code amendments herein; and WHEREAS, the City Council upon due public hearing has considered the same and found said amendments to be in the best interest of the citizens of Sebastian; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That section 54-2-5.2.3 of the Land Development Code, City of Sebastian, Florida, SINGLE FAMILY RESIDENTIAL DISTRICT (RS-10), is hereby amended to read as follows: SECTION 54-2-5.2.3 SINGLE FAMILY RESIDENTIAL DISTRICT fRS- (d) Dimensional regulations: (5) Minimum setbacks: All development must comply with requirements for setbacks from wetlands and open waters established in section 54-3-11. l(c). Front setbacks: 25 feet. Secondary frontvard setbacks: 20 feet Side setbacks: 10 feet Rear setbacks: 20 feet Section 2. That section 54-5-22.2 of the Land Development Code, City of SebaStian, Florida, DEFINITION OF TERMS, is hereby amended to read aS follows: SECTION 54-5-:12.2 DEFINITION OF TERMS Yard, front. A yard extending across the front of a lot between the side yard lines, and being the minimum horizontal distance between the street line and the structure e~ or any projections thereof other than the projections of uncovered steps, and those allowed per section 54-2~ 5.10(e)(2)(f). On comer lots and through lots, all yards whichabut the street are considered front yards for setback purposes ~ nrovision is made otherwise. .Section 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4. SEVERABILITY. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provisions. It shall further be aSsmed 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. Section 5. EFFECTIVE DATE. This Ordinance shall become effective immediately. foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Walter Barnes - Vice-Mayor James Hill .... Couneilmember Joe Barczyk Couneilmember Edward J. Majeher, Jr. Couneilmember Ray Coniglio The Mayor thereupon declared this Ordinance duly passed and adopted/his~ 14~ day of August, 2002. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Walter Barnes Approved as to form and legality for reliance by the City of Sebastian only: Sally A. Maio, CMC City Clerk Rich Stringer, City Attorney City of Sebastian Subject: Construction Board Exhibits Applications, advertisement, board members Expenditure Required: Amount Budgeted: Agenda No, Department Origin: -Date Submitted: For Agenda of: oz. o -i City Clerk ~ 7/18~2002 7/24/2002 Appropriation Required: SUMMARY STATEMENT The Construction Board has a regular member electrical contractor positiOn, with an unexpired term, open due to the current member moving out of the city. Two alternate members, Michael Wolf and:James Schmitz have re-submitted their applications and Edward White who serves on the Parks and Recreation Committee' ~ould also like to be considered. RECOMMENDED ACTION Interview applicants, unless waived, and appoint one to the following position: 1. Regular member position - Unexpired term to expire 9/30/2004 PLEASE NOTE: City Council reserves the right to immediately fill a vacancy in an alternate member position in the event an altsmats member I$ moved into the regular member poaition, If there are other eligible applicants for the regular position. RECEIVED OITY OF SEBASTIAN OFFICE OP CiTY CLERK. (~0 RECEIVED CITY OF SEBASTIAN FFICE OF CITY CLERK ?.i~0Z JUL 17 Ri'q _1_0 5! 200~ FEB 27 Pa 8 J. la .A.~pLICATION TO SERVE ,ON CITY BOARD/COlVI3VIITTEE (All Cit~ Board and Committee Members Must be Residents of the City of Sebastian) ADDreSS: HOME PHONE: HOME FAX: E-MAIL: BUSINESS: BUSiI~SS ADDRESS: BUSINESS PHONE: BUSINESS FAX: E-MAIL: AREYOU AREGISTERED VOTER? ~t$ ¥OTERREG. NO./~/2.~'q/ HOW LONG HAVE YOU BEEN A RESIDENT OF SEBASiIAN? DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? DO YOU PRESENTLY SERVE ON ANY O/vilER CITY BOARD OR COMMIITEE? waicH BOXaDS/CO~S? /4/~ PLP_,ASE CHECK THE BOARDS ON WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEEqG #1: BOARD OF ADJUSTMENT CHAPTER P,.EVIBW COMMITTF.~ (serves only 6 monflas every 7 years) CITIZENS BUDGET REVIEW ADVISORY BOARD CODE ENFORCE~T BOARD . . ,' CONSTKUCTION BOAKD HANDICAPPED SELF-EVALUATION COMlvI~TRE PLANNING AND ZONING COMMISSION POLICE RE~T BOARD OF TKUSTBES PARKS & RECREATION ADVISORY COMlVI~E TI~. ADVISORY BOARD (war~ ~N COMETTEE NAMe) APPLICABLE EDUCATION AND/OR EXPE~CE: (attach separate resume it'necessary) REASONS FOP, WANTING TO SERVE ON BOARD OR COMMI~: LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD O1~ COMMITTEE: HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OK ANY STATE? HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLV]NO MORAL TURPITUDE IN THIS OR ANY STATE? ~/~ ~OLrLD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELF. TED ABOVE? I hereby certif~ thru Iarn qualified to hold ~hc position for which this application is n~le. Fur&~r, I hereby authorize the City of Sebastian to inve~8~e the tin--ess of all ~uformatio~ which I have provided in this application. I understand that a~y misrepresentation or omission of information requested in this application is cause for disqtmlification. I have been provided with, read and umder~md City of Sebastian Code of Ordinances Seotiom 2-I66 through 2-173 (atmoh~). Information relative to a M~cific board or committee is av~ple ffrequested. A'~pl~ie~ut Signau~ Subscribed and sworn to before ' '.f.-f. . _ ~/~" ~otary l~blic,'Sta/e of Flon-"M2a - \wp-formkapplicatwpd 415199 who is personally known to me, or has produced identificmion. LINDA C. BRANT Notary Public, State of Florida My comm. exp. i~r. 10, 2005 Corem, No. DD 8051H6 MIC aAgL D. WOLF 910 Majestic Avenue Sebastian, Florida 32958 Phone: 561-388-2223 Career Goals seeking a position to utilize firefighting skills and work experience Rush County High School Rushville, Indiana 46173 Major: Geue~'al Studies EDUCATION OFFICER/iNS~UCTOR CERTIFICATION Rank ofLiemenant, Rushville City Fire Department, May 1985 Firefighter; First Class, issued Sta~ of Indiana Commission of Fire Fighting, April 1986 Master Firefight~r, Strategy and Tactics, issued Stat~ of Indiana Commission of Fire Fighting, December 1987 Master Fir~fighter Fire Prevention/Inspection, issued State of Indiana Board of Fire Fighting Personnel Standards and Edue~on, December 1989 Mas~ Firefighter Fire/Arson Investigation, issued State of Indiana Board of Fire Fighting Personnel Standards and F_Aucafion, August 1993 NFPA Instructor I, II and m, Indiana State Fire Marshal Office, March 1998 May 1980 to Present EXPERIENCE Rushville City Fire Deportment 120 North Perkins Rashville, Indiana 46173 Kent Clark, Fire Chief Experience inokutes extensive fn'e fighting prances in and around the City of Rushville. Duties includes never-ending continuing edue, afion with the public, preventive maintenance of personal and dep~,,,ent equipment; and as shift officer, the safety and harmony of those around me. Additional responsibilities include rite nm reporting, answering the telephone, problem solving, end correlation of duties and work assiguments, with some computer exporience. 1985 to l~s~at 2,~ / M & W Fire B,x-~guisher Sales and Service 530 West First SU*eet Rushville, Indiana 46173 Exclusive owner of this business with sales, service, supplies, and maintains fire prevention and fire fiSht/ng equ/pment for the home and business, alon~ with fire safety clothing and appm*ams for the firefi~hters not only in thi~ ar~a tut throu~ou~ hdimm, Ohio, Kenmc~, mid some owrseas. I am responm~le for inventory, eu~rployee scheduling, boold~p~ custamer sales and service 1990to1992 Premier Fire F, quipment Rushville, Indians 46173 As co-owner of tiffs business, we were involved in the sales and service of fire vehicles and safety equipment. Much of the respons~ilities/ncluded invenKn'y, ~ales, service, and cusWmcr service of the fire safety equipment. Other duties included, bookkeeping, employee scheduling, answering the telephone, problean solving, and correlation of business operations with my CEKTIFICATION/CONTINU]NG EDUCATION 08i1979 ' F' ,n~,, Tt-~m~ Indiana State Fire Marshall ......... 24 '" Indiana Board of Fire Fighting 110.5 02/1980 Firefighier Second Class Pe~sonuel Standards & Edut~on ~i~¢f/~ S~,&d c~s' tudmaS~d ofvh~'~g P,,~o, mi ~o 04/1986 ~ Seo'~ Class Standards & Education ....... 04/1987 Firefighter First Class In&ma Board of Fire Fighting 67 Persomml Smndm'ds & ~ 12/1987 Master Fh'eflghter .... Methodist Hospilal of In~4/sma 64 SU'~___-~y and Tactics ........ 01/1989 ~h_,u~uctm- ,1a ¢i~.. , SUmda~.... & Education 12/1989 Fifo Prg,~o~q-, ..-~on ~ & Education . National Fire Academy 16 ~ i/i~,~ag~ ............... ~ Bo,ara of F~ Fighting i:'mo~f 64 hdim~ State Fire Marsludl 04/1981 Auto Extrication hdimm Fire Instructors ~ 12 "07/f995 Bmic PaSsenger Vddcle Extrication Course Indim~ Public Safety Training I~fiiate 16 National Fire Academy 16 04/1988 C~g Initial l~sponae Indiana State Fire Marshall 02/1998 Confined Since Entry hdima Public Employs! PI~ 12/1983 Crash Injury ~ont Indiana Emergency Medical Service 8 09/2000 Electrical Fir~ Invosfig~on Indimm Chapter IAAI 8 04/1985 Elevator Safety ~ Smt~ Fire Mamhan 2 Engine Company Officer-First Duo Indiana Fire Insm~ors Assn. 12 09/1983 Operations Indiana Slate Fire Marshall 04/1984 Essentials of Building Inspection Indiana Fire ~ Assn. 16 "06/1985 Essentials of Building Inspection Indiana Fire Instmelx~' Assn. 16 08/1994 Evidence Ex-tmo~g and Hmadling Indiana Arson and Grime Assn. 8 Field ~in~ce of Self-Conmin~ Indiana S~ Fire 04/1981 B~emhing A~ Intti~'Fim Instmeta~ A~a. 16 06~i985 Fire Codes ~md God, Eaforceanont ~ Fire Insmmm~ ~ 16 '11/1992 Inspectors Indimm Slate Fire Mm'shall 16 02/1991 Coao Stm M xa n ' s 04/1984 Fire Service Law & R~rdkeeping Intllan~ Stme Fire Mmrshall 16 Fir~ Service Sup~xvi~ion-P~rsonal Indiana Fire ~' As~ 16 04/1986 Effe~iv~ness 04/1986 Fire Sexvieo Supexvi~ion-Team Indiana Fire ~' Assn 16 Indim~ State Fire ManhaU 16 04/1984 FiredAx~oa D~t~ction Indimm Fi~ Iuslnm-ta~ Indiana Bo~d of Fire Fighting P~a~mal 16 04/1982 Firegronnd Operatio~ Smn~ & Eduemfion Indiana State Fire Ma~h~U 04/1982 Fhmam~le Liquid~ and Fhmmmble Gases Indium Fire Instructtn~ As~ 8 04/1980 Pamdling LP Gm Faneage~cies indiamt Fire Iustnmtors ASm. 8 Indim~ SUre Fire 04/1986 hmrea~g P~onal Ef~ctivoness ~ Fire Insmmtt~ As,n. 12 04/1986 Increasing Team ~veness N~iaaal Fire Ac~temy Indiam Sram Fire Mmxhlffi 12 N~onal Fire Academy 1 04/1986 Instmctiomd T~,.hniques ~ ~ Fire National Fire Academy 30 12/1988 ~ Come Indi~ma S/ate Fire Mmmh~l 04/2000 Inmmm~ Fi~ & Arson Invesfig,~tion St~ndm, d~ & Education 16 04/1987 Juveafile Fire ~ Indium Board of Fire Fighting 16 Personnel ~glnrds & Indiana Arson ami Crime Assn, 02/1988 Leadership Inaln~ Chapt~ IAAI 16 04/1995 Slrate~ies for $ ,upcrvisory Success ~ State Fire Mm'shall 16 03/1990 Life Line "On the Sceno" Illin- State Fire Marshall Indisna Board of Fire Fighting personnel 16 o3/199s Motor S ,om & ] l~/i~J'~q Moto~pmta Emetlom~y Services Iadimm Public Safety Training. ' 16 lndy llaeing la~gue 16 04/1979 Pmp~ and Size-Up United State Auto Club Indilma ~ F~ ~ 16 04/1979 Rmal Fimfighting Indiana Fire Instmetom Assn. illdimla Smi~ Fire ~ 11/1987 Strategy ~ Tactics Indiana Fire ~ Assn. 50 Tactical Approach to'Resideattial Fire Indiana Slate Fire Marshall 12 04/1980 Fighting ~ Fire ~s' Asm 03/2000 Vehicle Fire Investigation Indisaa Chapter IA. AI 7 Indiana Chapter IAAI 7 03/2000 Vehicle Theft Investigation IACA 11/1979 Working F.'..n~. Tri-Comgy Fire Tlaining Aa~ 8 ..... 01/1987 W..g .~..dland Fir, Shxpln~._ sion Tnfining National Wildfire Coori~ ~ Total Hours Accumulated · RECEIVED ~ CITY OF SEBASTiA~]~%'~ OFFtOE OP OITY OLE~ 200?. JUL 17 AP] lO S1'~'- AP?LIC&TION To $,~ ON C~ BO~/CO~~ (~ Ci~ Bo~d ~d Co~ee Members M~ be ~sid~ of~e C~ of Seb~) FEB :i.3 '~2 DMi2' BUSIN'ESS: "-" BUSINESS A.DD~SS: ...... BUSINESS PHONE: ................ BUSINESS FAX: .................. E-MA]L: ............ ~¥OUA~O~ST~OVOT~P.? ~'¢' vo~'~.~o. ~ow ~o~ s.w ,,,'ou ~E~., ~s/~E~T. ..Cop s~^snA.~? ¢',//t.-~ DO YOU CUR_REN/%Y HOLD ANY PUBLIC OFFICE? { ........ ?_/~/~, -B ¢ ~ ~ ~ F ..~AT'z~¢~,~..~ ~ ¢~ 7-- 3~z¢~-?/~/¢" ...... DO YOU PRESENTLY SFAVE ON ANY OTHER CITY BOARD OR COMMITTBB? WHICH BOARDS/COMMITTEES? PLEASE CHECK THE BOARDS ON WHICH YOU. ARB INTERESTED IN SERVING IN ORDER OF PRBFBKENCE WITH FIRST CHOICE BEING #1: BOARD OF AD,IUSTMENT CHARTER REv'r~w CoMMrrTP~ (serves only 6 months every 7 years) CI/IZENS BUDGET RBVIEW ADVISORY BOARD CODE ENFORCEMtINT BOARD CONSTRUCTION BOAKD . HANDICAPPED SELF-EVALUATION COMMITTEE PLANNING AND ZONING COMM/SSION POLICE RETIREMENT BOARD OF TRUSTEES PARKS & RECKEAT/ON ADVISORY COMA4I/q~E TREE ADVISORY BOARD OTHER TEMPORARY COMMITTEE (WRITE IN COMM/T~E NAME) APPLICABLE .FA)UC..~TI, ON A~DIO~ ~CB: (a~.ch separate res?ne if~e,2ess~y) KEASONS FOR WANTING TO SBKVB ON BOARD OP. COMMITTEE: LiST ANY ADDITIONAL QUALIFICATIONS TO SEKVB ON BOARD OK COMMITTEE: HAVE YOU EVER BF_.JKN CONVICTED OF ANY FELONY IN TH/S OR ANY STATB? HAVE ,zoo ~v~ ~m,~ comac~ o~ ~,f~ M~SD~O~ ~OL~a ~0~ ~I~E ~ ~S OX~ STA~? ~ . WOULD YOU CONSIDBR SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? I hereby certify flint I am qualified-to hold the position for which this application is made, Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this zpplication. I understand that ~ misrepreseatafio= or omission of information requested in this application is cause for disqualifioation. I have been provided with, read and undemtmld~bastian Code of.grdinau~ections 2-166 through 2-173 (att~hed). Information relive(to a speeifl~ board or co~j~jttee~v~e~ble ffrequested. ^ ~J. ~.,'~____ , ~wh° 'is ,'p~on~ly know~, to ~ or has produced / nl 2 / \wp-form~applieatwpd rev. 4t5D9 CITY OF SEBASTIAN OFFICE OF CITY CLERK ,//~, APPLICATION TO SERVE ON CITY BOARD/COMMITT~ (All City Board and Committ~ M~mbers Must b~ R.~siderits of the City I-IOlvl~ PHONE: --4:4 51 HOM~ FAX: BUSINESS ADDRESS: BUSINESS PHONE: BUSINESS FAX: E-MAIL: ,~,.,.y..ou AKF_GISTEi~Rn,VOTE]R.? qe~ 'VOTER~G'NO' /¢' 5'¢~5 HOW LONG HAW YOU BEEN A RESIDENT OF SrmASTIAN? ~ U ¢ a. t~l ~ ?- DO ~fOU CURRENTLY HOLD ANY PUBLIC OFFICE? DO YOU PRESENTLY SEP, VE ON ANY OTHEP, CITY BOARD OP, COMMITTEE? WHICH BOARDS/CO~ES? l~j.O_ PLEASE CHECK THE.BOARDS ON WHICH YOU ARE INTERESTED IN SEKVINO IN'ORDEK OF PREFERENCE WITH FIKST CHOICE BEING #1: ~ BOARD OF ADfUSTMENT CHAKTEK I~VIEW COMMITTEE (s~rves only 6 months every 7 ye, ars) CITIZENS B~DG~'I' REVIEW ADVISORY BOARD ~"'~CODE ENFOKCEMENT BOARD CONS/RUCTION BOARD HANDICAPPED SELF-EYALUATION COMMITTEE PLANNING AND ZONING COMMISSION POLICE KE~ BOARD OF TP. USTEES PA.KKS & KECREATION ADVISORY COMMITTEE TI~R~. ADVISOKY BOARD 0au~ IN COM~mTr~E NAMe) PPLICABLE EDUCATION AND/OR EXPERIEnCe.: (att~h s~parat~ resume if necessary) REASONS FOR WANTING TO SERVE ON BOARD OR COMMITTEE: LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMI/q3EE: HAVE YOU EVER BEMN CONVICTED OF ANY FELONY IN THIS OR ANY. STATE? HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURP~E IN TI]IS OR ANY STATE? Z/~ wouu) YOU co~smm~ sERvn~o os A BOAX~ oz~m~ ~ r~m om(s) smzc~ A~OVEV 'r'/C~ I hereby certify'that I am qualified to hold the position for which this application is made, Further, I hereby authorize the City of Seba~iau to investi/ate the truthfulness of all iuformafion'which I have pwvided in this application. I understand that any ~sentafion or omission of information requested in this application is cause for disqualification. I have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2-166 throu/ph 2-173 (attached). Information relative'to a sp~iflc board or comtnitt~ i~ available if requested. Subscribed and sworn to.bef°re me this __~._day Of ~ ~ by .~..~F-~.&"'~ ~-~~ , who .is p~on~ly ~o~ ~ or ~ pwduc~ ~ ~ ~~_ ~- ' ' ~on. X~fom~licat.~d HOME. ~tJLY 8, 2002 PRESS RELEASE CONSTRUCTION BOARD TIlE CITY OF SEBASTIAN IS SEEKING APPLICANTS TO FILL A REGULAR MEMBER POSITION, WITH AN UNEXPIKED TERM, ON THE CONSTRUCTION BOARD. T}~ VACANT POSITION IS FOR AN ELECTRICAL CONTRACTOR, IF POSSIBLE. QUALIFICATIONS: RESiDENT OF THE CiTY OF SEBASTIAN AND MUST BE LICENSED OR REGISTERED WiTH THE CITY. THIS BOARD MEETS ON THE SECOND TUESDAY OF EACH MONTH AT 7:00 P~M. IN THE COUNCIL CHAMBERS, 1225 MAiN STREET, SEBASTIAN.. APPLICATiONS AKE AVAILABLE IN THE CITY CLERK' S OFFICE, CITY HALL, 1225 MAIN STREET, SEBASTIAN, BETWEEN THE HO~ OF 8:00 A.M. AND 4:30 P.M. AND WILL BE ACCEPTED THI{OUOH WEDNESDAY, JULY 17, 2002. CONSTRUCTION BOARD $ YEAR TERMS MEETS 2ND TUESDAY EACH MONTH - 7:00 P.M. MEMBER NAME AND ADDRESS Chuck Neuberger 357 Melrose Lane Sebastian, FL 32958 388-0029 Home 589-7309 Fax POSITION Electrical Contractor Position James W. Morals Iii 265 Main Street Regular Concemed Citizen Position APPOINTMENT HISTORY Appointed Alternate Contractor Position Vacated by R. Scoff Taylor, 12/6/2000 Term to Expire: 9/30/2001 Appointed Electrical Contractor Position Vacated by Michael Holdridge: 9/26/2001 Term to Expire: 9/30/2O04 Is in f'~ Regular Member Year Appointed to Concerned Citizen Regular Position Sebastian, FL 32958 589-3519 H & Fax (772)473-9254 Cell Phone Frank A. Garland, Jr. 449 Ponoka Street Sebastian, FL 32958 589-3020 Plumbing Contractor Position Vacated by Galbraith: 1/10/2001 Term to Expire: g/30/2002 Is in 1~ Regular Member Year Appointed Plumbing Contractor Regular Member Position Vacated by Herbig: 11/8/2000 Term to Expire: 9/30/2003 Is in 1st Regular Member Year Andrew Allocco 1485 Barber Street Sebastian, FL 32958 388-3188 Meredith Fox 11301 Roseland Road Sebastian, FL 32958 388-5706 H 91303747 Cell Louis W. Nicollni 1162 Croquet Land Sebastian, FL 32958 388-5764 Engineer Position Regular Contractor Position HARV Contractor Appointed Regular Member Unexpired Engineer Position of Heama: 2/24/1999 Term to Expire: 9/30/2000 Reappointed Engineer Position: 10/11/00 Tem~ to Expire: 9/30/2003 Is in 2nd Regular Member Year Appointed Regular Member Contractor Position Vacated By William Doyle: 6/23/99 Unexpired Term to Expire: 9/30/2000 Reappointed Regular Member Contractor Position: 9113/2000 Term to Expire: 9/30/2003 Is in 2nd Regular Member Year Appointed Harv Contractor Position: 10114198 Term to Expire: 9/30/2001 Reappointed HARV Contractor Position: 9/26/2001 Term to Expire: 9130/2004 Is in 2nd Full Term and 4th Regular Member Year 86 R. Scott Taylor 117 Arcadia Ddve Sebastian, FL 32958 589-0123 H Michael D. Wolf 910 Majestic Ave. Sebastian, FL 32958 388-2223 H 388-0629 FAX James G. Schmitz 1618 Quaker Ln Sebastian, FL 32958 388-1493 H Regular Member Contractor Alternate Concerned Citizen Position Alternate Contractor Position Appointed Alternate Contractor Position Vacated by Heame: 10/14198 Term to Expire: 9/30/2001 Appointed Regular Member Contractor Position of Thomas Cecrte: 9/13/2000 Term to Expire: 9/30/2003 is in 1~ Full Term. 1~ Regular Member Year Appointed Alternate Concerned Citizen Term Vacated by Pierre Paquette: 3113/2002 Term to Expire: 9/30/2004 Appointed Altemate Contractor Position Vacated by Chuck Neuberger. 3113/2002 Term to Expire:9130/2004 BOARD SECRETARY - Kathy Nappi 8? Subject: Developer's Construction Agreement/Capt'n Butcher, Inc. eh Moore Agenda No. (~5) 2. ]~, ~ Department Origin: Date Submitted: 07-17-02 For Agenda of: 07-24-02 Exhibits: Butcher, Inc., and the City of Sebastian Proposed Developers Construction Agreement between Capt'n EXPENDITURE REQUIRED: AMOUNT BUDGETED: [ APPROPRIATION REQUIRED: SUMMARY The proposed final dm~ of a Developer's Cons~-uction Agreement between Capt'n Butcher, Inc., and the City of Sebastian governing the 1aekson Street Extension Project has been reviewed and modified by staff and is attached for your review. P. ECOMM~N~D ACTIOS Move to authorize the City Manager to execute the Developer's Construction Agreement between Capt'n Butcher, Inc., and the City of Sebastian governing the Jackson Street Extension Project. MLS 945 Sebastian Blvd. · Sebastian, Florida 32958 Tel: (772) 589-3054 Fax: (772) 58%7557 July 9, 2002 Mr. Terrence R. Moore City Manager City of Sebastian 1225 Main Street Sebastian, Florida 32958 Re; Developer's Construction Agreement Capt'n Butcher, Inc. and City of Sebastian Dear Mr. Moore: Per our discussion of.yesterday, enclosed is a revised copy of the Developer's Construction Agreement for your review. Please give me a call if you have any questions. I can be reached either at the office at 589- 3054 or on my cell phone at 473-6060. Sincerely, Broker Enclosure JAK/mts DI~VELOPF.,P,'S CONSTRUCTION AGREEMtiNT This At~reement is made and entered into this __ day of . . ,2002, by and between Capt'n Butcher, Inc., a l~lorida corporation, havin~ its place of'business at 1732 Indian P. Jver Drive, Sebastian, Florida 3295S, hereinafter referred u~ as the "D~veloper", and The City of Scba~-tian, Florida, a Flodcl& municipal corporation, having ks place o£governance at 122t Main Street, Sebastiart, Florid& 32958, herelnat~er referred to as the "City." From time to time herein, thc D~cloper and the City are referred to individually as "Party" and collectively as the "Parties". WHEREAS, the Developer is the owner of'those certain p&roels of land situate within thc jurisdictional confines of the Ci~, north of Davis Street, east of North Central Aventte and west of Indian River Drive, and ~eneral]y known as the devclopmrat site'of"Capt'n Butcher's Floodticle Marina and Seafood", hereinafter referred to as the "Dcvclopment", said parcels bein~ more fully described in Exhibit A attached hereto and incorporated herein by reference; and WHEF. EAS, the City and the Developer have or will enter into a Purchase ancl sale alFeement with respect to a portion of'the Development to be conveyed to the City by the Developer as an extengon oflIackson Street, an 80' public ril~ht-of-w~ty, from the eastern boundary line of Blorth Central Avenue, westward to the western boundary line oi'Indian River Drive, hereinafter referred to as the "Jackson Street ]~xtenslon", s&id Jackson Street Extension beini~ more fully described in Exhibit B attached hereto and incorporated herein by refct'encc; and ~AS, the City and the Developer desire and intend to enter into this Agreement to govern and provide for the construction of the roadway, dralnal~e improvements, sidewalks, parkint~ facih'tias, lil~htinl; fixtures and other improvements to the Jlackson Street l~xtension and, further, to govern and provide for the construction ora 6' wide sidewalk and crosswalk from the eastern boundary of North Central Avenue to the eastern boundary of U.S. HiF, hway I and adjacent to the northern boundary line of existinl~ lackson Street, hereinafter referred to as the "Off. Site Sidewalk", both the lackson Street F. xtctmion and the OR-Site Sidewalk balnsjointly referred to hereinafter as the "Work". NOW THF..R.~O~, in consideration oi'the above and the mutual promises con'mined herein and other good sad valuable consideration, the Developer and the-City, covenant and as follows: 1. CONSTI~.UCTION O1~ THE WORK. In accordance with the terms of'this Agreement, the Developer hereby agrees to construct the Work in accordance with the terms and provisions of' this Agreement and that certain P&vi~ and Drainage Site Plan by Mosby & Associ~, Inc., Engineers, bearing the date of Amc, 20011, rob No. 01-464, the provisions of said Paving and Drainage Site Plan being incorporated herein by rei'et~ce as ii'fully set forth The Developer, at its discretion, shall have two (:2) years from the later of(i) the da~e of the last Party executes this Asreernent or (ii) the date all required permi~ have been issued, to complete the Work. 2. PI~,OiECTED COST O1~ THE WORIC The D~veloper haa estimated ti'at the cost of construction of the Work will be $123,636.$0, the cost being allocated as follows: Asphalt psvinll $~15,487.50 lqll 2,700.00 Drains~ ~,000,00 Con~re~e sidewalks ~,210 square feet) 1 Lishting (tS po~) 35,000:00 Bnsi~s and mrveyins ~,O00.00 Miscellaneous ~'adins, trenching and sodding Total $1:13,:1112.50 The City a~rees to pay the D~veloper the foregoing sum o~'$123,212.50 for the construction of the Work, subject to adjustments for written sad a~reed upon change orders and extras, in the 3. PLrK~$E AO~ FOE IACKSON ST~ EXTENglOlq. Tb~ City ami the Developer will or have emered into that certain Purohase and Sale Aireem~r~ with respect to the ~Iack~on Stree~ Extension, hereinafter r~f~rred to as the "Purchase Agreement." The Purchase Agreement shall provide that the purchase price for the Jackson Street Extension shall be based upon the appraised value of th~ land and drainage area assooiatecl with the Sa~kson Street l~xtension, said appraisal to be performed by Boyle & Drake, Inc. The PurC~e Asxeement sbell provide that the City will pay the Developer cash equal to $4.00 per ~quare foot of the 2 appraised value and the balance of'the appraised value shall be given to the Developer in the form ora charitable income tax deduction under Section 170 or other gimtlar section o/'the Internal ]Levenue Code. l~urtherrnore, the Purchase Agreement shall provide that the Developer w/il 8rant the City a storm water dralnase easement from the Jackson Street Extension to the storm water marmgement and retention pond situated in the southerly portion at'thc Development and cast of Ind/an River Drive and that the Developer or its successors and assigns will maintain at its cost thc aforesaid storm water management and retention pond. 4. SUBCON1T, ACT01~,S AND MATERIAL MEN. The De~elopet shall sol/~t bids for all portions oft-he Work not to be constructed by thc Developer's own employees. .approval or non-approval or conditional approval of thc bids of sub-c;ontractors and material men shall be in the Developer's so]c and absolute discretion. All sub-contracts shall provide for si~il~r or incorporate the safety, inraranc¢,.workmanship and wan'anty terms and provisions of'this Agreement. Upon acceptance of the sub.contractor's work or the materia] men's material, the Developer shall promptly pay the sub-contractor or mater/al man in accordance w/th the terms and provisions of the separate agreement between the Developer and thc sub-c°ntractor or m~terial man. 5. ~Pl1.0(31~$S I~B?O~TS. 'l'he Developer shall provide the City with periociic pro,tess reports concerning the construction of the Work or the City's authorized repteseatative~ may pedodir.~ly visit and inspect thc site of the Work. 6. BUK.D~ Oli RP.~OILD. The Developer or H.D. Adams, Inc., C~neral Contraotor, will be the builder o/'recotd w/th respect to all l/censh~ and permi~g requ/tements of applicable governmental a~encies or bodies, ineludin~ the City, h~ving jurisdiction over construction of'the Work. The Developer or H.D. Adams, Inc. wLll maintain its corporate ent/ty and all licenses and permits in active status and in good standing for the duration of'fids Agreement. ?. CONVEYANCE O1~ THE WORK TO TI-IE CITY. Upon completion o£th¢ Work and aoccptance thereof by thc City, thc Developer shall convey title to the Work by deed and/or bill of sale, as appropriate, to the City in accordance with the terms and provisions o/'that oerta~ purchase and sale agreement by and between the patties to fids Agreement. Upon conveyance of thc Work to the City, the Cil'y shall be msponm'bte fl~r all/hrther repairs and maintenance to the Work. g. ACKNO~~$, E.,V, PP~SENTATIONS AND WAREA_.NTI~ THE DEVELOP]/~,. The Developer lmknowledses, represents m~d warfares 1o the C/ty and, in enterln~ into this Agreement, the City i~ relying upon, the following: A. The Developer is duly organ/zed, validly existing and in good standing under the laws of the State ofl~lorid~ and is qualified to do business in the State ofFiori~ ~s a/or profit corporation enSaged in the business of real estate development. This A~reemen~ and any trar~actions contemplated hereby ~ not result in any violation o/~ or dd~ult under, any term or condit/on of any ~greement. lnsmu-uera, w. oztiaS~ Joan agreement or sirm'lar document to which the Developer is a par~y or by which the Developer is bound. There is no litigation, tnvest~s~ion or proceed/ns peadin~, nor to the knowledSe al'the Developer contemplated or thr~ened, aga/nst the Developer, wh/ch wouM impair the Developer or adversely affect the Developer's ability to pmbrm its obligations under this Agreement. B. The D~',3oper h~s read and is ~ w/th the terms and proVisions Agreement end all attachments hereto or construction documents rderenced herein and the of the Work to be constructed. C. The Developer will well, truly ~ud timely perform all of the respons/biltt~ and obligat/ozm of~the Developer s~t forth in this ~ent. D. All work sh~li be ped'ormed by the Developer, the mb.contractors and material men in a skillful and worlananlt~ manner. E, The Developer shall comply with and abide by all permits, approvals, laws, ordinances, covenants, rules and regulatiorm and building codes with respect to the Work. 9. DEFAULT AND KEMED~$. In the event of a default under the terms of this Agreement on the part of either Party, the other Party may terminate this A~'eement and the other Party's further performance of the cormt~ction of the Work or this Agreement. Pro~ided the Developer is in default, the City may also r~quire, and the Developer agrees, to remove all rubble and debris f~om the site of the Work. Bither Party may pursue any one or more its rights, options, or remedies herein, or may pursue any other remedy at law or in equity, whether or not 4 stated in this Agreement. 10. NO ASSIO~, The Developer sh~l not assign/ts rights under th/s Agreement without thc prior written consent of thc City, such written consent not to be unreasonably withheld. 11. AN, CHITECTUEAL DESIGNS AND DATA. A- T/tie to all drawings, designs, specifications, architectural designs of buildin~ and structures, notes and other archlteot-ensineeting work produced in the performance o£this Agreement, or in contemplation hm-~of, and all as-built drawings produced after completion of the Work, hereinat~er collectively retorted to as 'Data", shall vest in the City. The Data shall remain the sol~ property of the City and miry be used by the Developer on any other work or other portions of the Development. The Developer shall not assert any rights or establish any claim to thc Data under the desi~ patent or copyril~ht laws and shall not publish or r~produce such Data in whole or in part or in any manner or form, or authorize others lo dO so, without the written consent of the City; B. The Developer shall furnish or provide access to copies of'all'as built drawings or er~gineeririg drawings or similar materials upon the r~quest of the Cily. 12. SITE CONDITIONS. Th~ Developer shall promptly, and befor~ su~ conditions ~re disturbed, noti~, th~ City of sub~surface or lalmt physical conditions at the gte of the Work differing materially from those ordinarily found, or unknown physical conditions at. the site of the Work, of an unusual nature, differing materially from those ordinarily encountered and sencrally r¢c,,ol~nizod a~ impedinl~ the Work provided for in this Agreement. The Developer shall not be obilgat~ to relocat~ utilities or material obstmc~i°ns found in the construction of the Off- Site Sidewalk runnin8 from th~ east boundary of North Central Avenue, along and adjacent to th~ north boundary of'existing Jackson Street to the east boundary ofU. S. Highway 1. If the City dcsire, s the relocation ofutiliti~s or obstructions in the construction of the Off-Site Sidewalk then the parties agree that the Developer (i) may be paid additional ~unds equal to the Developer's increase in cost or (ii) may receive other acceptable crexlit from the City or (iii) the City may tenrduate this Agreement as ~o ~he Off-Site Sidewalk portion of the Work. 13. CLEA2CI~G UP. The De~'eloper shg] at all times keep th~ consimction areas and the site of the Work. includin$ storase areas used by it, free from accumulations of waste material or rubbish. Prior to completion oftl~ Work, the Developer shall remove any rubbish from and ~bou~ ~he site of the Work and all tools, equipment, and mater, s. Upon completion of the Work, the Developer shall leave the Work ~ premises in a clean, neat and wor~ike condition. 14. CITY BUILDING P~$. Upon execution of this AtFeement and upon City's approval of the Devdoper's Paving and Drainage Site Plan the ~ty will promptly isme all required permits for the commericemcnt of the Work. 15. PARKIN(~. Upon the City's approval of the Paving and Drainage Site Plan, the parking data provided and the parking spaces depicted in lhe approved Paving and DrainaBe Site Plan will be utili=ed by the Developer to meet the Cl~'s parking criteria for the entire Development. Thc Parties specifically airee that those parking spaces depicted'andlocated h the center of'he lack$on Street F. xienslon and all on siree~ parking depicted in the appro~d Paving and Drainage Site Plan axe sufficient for the entire Devdopment. 16. EXCUSABLE DELAYS, The Developer shall not be liable for any delays in performance or failure to perform due w causes.beyond the control and without the t~lt or n~glil~ence of the Developer. Such causes include buz are not limited to, acts of God, acts of the public enemy, the act or failure to act of any govenunental entity or body, hurricanes,/ires, floods, epidemics, quarantine restrict/om, swike~, embargoes, unusually severe Weather, or delays of sub-conUactors or material men arising from unforeseeable causes beyond the conlrol and withou~ the fault or negligence of such sub-contractors or materiai men. 17. I~DUS~AL LAWS AND BI/i'{I/I~'S. The Developer, in all ma~ters relating to this Agreement, shall be actlng as an independent contractor. Neither the Developer nor any of the pcr~m furnlshh$ rnatedais or psrformi~ work or services which are required by this Aiveemem are employees o/'~he Chy whhin $he mean/nB of or the appllcafion of any federal or stale unemploymeni insurance law, Social Security, or any Workmen's Compensation, industrial accident law, or other industrial or hbor law. The Developer, at its own expense, ~halI comply with all such laws, and assume all obligations imposed by any one or more such laws with r~pect to Asr -ment. 15. INSPI~CTION ~ ACCEPTANCE. A. Inspection, testing and ,~,eriflcation by the City of material and workmanship required by this AlP'cement shall be made at reasonable +,Jmes and at the site of'the Work B. Prior lo the time of completion of any portion of'~he Work, the Developer shall replace, without charge, any defective or non.con/brining material or correct any workmanship found by thc City to be defective or not to cortt'orm to the requirements of this Asreement. The Developer shall se~egate promptly arid remove rejected material from the site of the Work. C. Ii'the Developer does not replace promptly rejected material or correct rejected worlormns~ip, the City may, by at~'ecrnent or otherwise, replace s~ch rejected material or correct such workmanship and charge the cost thereo£to Se Developer, or ten'ninate the Devcloper*s right to proceed to perform the Worlc in accordance with this Aflreement. D. All inspections, tests and verifications by the City shall be performed in such manner as to not unnecessarily delay the Work. ~. Should it be considered necessary or advisable by the City at any tkne before acceptance of'the Work to make an examination of the. Work to the extent already compl~ted, by removing or tearing out same, the Developer shall rca3onably accommodate the examination. Ii' such Work is £otmd to be d~ective or nonconforrrgn[~ in any material respect, the Developer shall bear all the expenses of such examination and ofsatisfac~tory reconstruction. Ii', boy/ever, such Work is foand to meet the requirements of'this Asreement, the City shall pay the additional cost therefor to the Developer and, ii' completion of the Work has been delayed thereby, the Developer shall, in addition, be 8~.nted a reasonable extension of time. ~'. The City shall have ten (10) business days from the Developer's notification that the Work is complete to conduct its final insl~ection of'the Work and to accept thc Work. With the exception of the Ii,tin8 iixtures, upon acceptance of'the Work payment oi'the sum set forth in Paralp'aph 2 above shall be remitted to the Developer. Payment of the sums in P~h 2 allocated to Ill,tinB fixtures shall be remitted to the Developer by tl~ City within twenty ('20) business days of delivery of the liF, htinS ~lxtures. Acceptance shall be final and conclusive except as resards latent defects, fraud, or such ~'oss mistakes as may amount to fraud. 19. INSURAHCE Before commencing the Work. the Developer shall procure and rmsin~ain durial~ th~ en~ t~-m of this ~~t ~~ of~c kinds ~ l~U ~m~tcd ~ur~ is~ b~ thc Dev~op~s ~u~ ~ sh~l be de~ to the C~ ~ore or ~du~ ~co~ge or bm~u ~ut ~ I~ 30 days p~or ~ ~ti~ to t~ Ci~, ~ s~t fo~ ~e ~llo~ng: A. Wor~en's Compaction ~u~, The D~eloper, ~it.u~ its worsen ~r the ~~on ~e Wor~ ~d the ~-~ors ~ have in ~t Wor~'s Compe~agon In~oe in the ~ounts r~u~ ~ t~ laws of~ Stat~ of~odd~ ~ud~g ~pl~'s ~ ~ge of not ~Ss ~an $100,0~,00 ~r bod~y ~ju~ by ~ $100,~0.~ ~r ~d~y hj~ by e~ oc~~ dis~ ~d ~00,00o.00 a~ li~t for ~d~y ~j~ by a~ide~ or o~aiio~ B. Compr~siw ~ ~ ~u~. ~ D~lop~ ~ ~c~~s · a~ ha~ ~ ~t ~li~es ~g~g liabi~ ~~ for ~ op~fion~ in~udi~ pr~uc~ ~ for ~y pro~ mn~r~ or ~1~, h~ds ~opemtion~ ~n~o~, ~mplcted op~tiom, con~ ~ w~aga 0nduding ~ ~~) Co~m~ ~ app~ to ~a ~sing ~om d~ ~d~y ~ju~ ~ prop~y d~ h ~ts n~ l~ ~an $5~,0~.~ for ~ o~c~ ~1:,0~,~0.00 ~e~te ~d ~,0~.~ produ~mpl~ed ope~tio~ ~sate ~t. T~ ~s sh~! b~ ~dor~d ~o be p~ ~d ~n-~ntfi~W~ ~o ~y i~ce that may ~ m~~ ~ or on b~of~ ~, C. Compr~si~ Automobile ~l~ In~r~ca ~e ~el~ ~ con--ors shall ha~ in ~t ~wmo~e ~abiS~ inmate ~wr~e on gl o~ ~n~ a~ ~ auto~bfl=s, tm~ tmlm ~g oth~ op~le ~des or ~quipm~t ~ed D~~ ~ ~b-~n~rs in p~or~ oft~ Work The ~o~ge ~ not ~ l~s that of~e ~d bu~ess auto~b~e ~ po~ in ~ts of not less t~ ~~ ~e ~t f~ each o~~ ~r bod~y inju~ or dea~ ~d p~p~ da~ or bod~ ~ju~ ~s of $100,000.00 p~ p~/~00,~0.~ p~ a~d~t ~ ~p~ limits o£$500,000,00 per accident. 20, MA_NI~ACTLrRES WARRANT'ffiS. Manufacturers warranties received bythe Developer which are applicable to any material, equipment~ parts, property and s~vices/hmished by the Developer under this Agreement shall survive acceptance and shall benefit the City. 21. MATERIAL AND WORKMANSHIP. All equipment, material and articles incorporated in the Work covered by this ,a~reement are to be the mos~ suitable grade per the Pavlnt~ and Drainage Site Plan for the purpose intended. Reference to any equipment, material, article, or patented process by trade name, make, or catalog number shall be rep. tried as establishing - standard oF quality and the Developer may, with the City's prior written approval, substitute any equipment, material, article or process which in the.iud$,ment of the Developer is equal to that named. The Developer shall l'urnish zo the City for the City's approval the rame of' the .manufacturer, the model number, and other identifying data and information respecting the performance, capacity, nature, and rating of'the mac. Mnery, material, equipment or articles wMch the Developer contemplates incorporating in the Work as substitute equipment or articles. 22. STORAGE AREAS AND ACCESS. The Developer sh~ll, to the extent possible, use established road ways or construct and use s~ch temporary road ways as may be necessary to acce~ thc Work and storage i'acilities. When materials are Uansponed in the execution off. he Work, vehicles shall not be loaded beyond the loading capacity recommended by the manufacturer of'the vehicles or prescribed by any Iaw or rcgulation or as limited by the existini~ s~ or sub- surt'ace of the land or roadway. When it is necessary ~o cross curbing or sidewalks protection adainst damade shall be provided by the Developer and any clarna~ed roads, curbings or sidewalks shall be repaired by, or at the expense of', the Developer and without cost or expense to the City. The Developer shall, except as needed in the ordinary course of'the Developer's performance ct' the Work, keep the construction site flee from hazardous materials as dedned under federal, state or local laws, roles, or'regulations. Without limiting the foregoini;, the Developer will not cause or permit the Work to be used to generate, manuf'acmre, refine, transport, treat, store, handle, dispose, transfer, produce or process hazardous materials except in compliance with all applicable federal, state and local laws, roles or regulations. The Developer will cot~duot a~d complete an investigation.s, studies, samplin8 and testins, and all remedial, removal and other actions necessary 9 to dean up and remove all hazardous materi~s o~, frorn or e. ffooti~ tho Work. Further, ~e Developer will ddend, indemnify and hold harmless the Cit~ from and as.ina any claims, detna.~cls, penalties, fin~, liabilities, settlements, damal~es, costs or expenses of whatever kind or nemre, know~ or unknown, contingent or othcr~s~, arisin$ out of; or in ~ny way relsted to (i) the presanca, disposal, release or threatened release of any hazardous mamtals which are ]eft on or in tho soil, water, vegetalion, p~rsons, or aaimah by the D~veloper, (ii) any pem~ml in. jury or death or property damage arising out of or rgat~l to such use of hazardous materials bythe Developer, (iii) any violation by the Developer'oflaws, orders, regulations, r~quir~.n~nts or d~ ofgovernmerital authorities, (iv) any lawsuit, settle, meat, clean up, remedial or mitil~alion pro~rern or process again$1~ the Developer, or (:v) ~ irrvestil[ative costs, consultant.f~s, laboratory £e~, court costs, attorna~ £~s and exper~ fees. A.t the conoluliion of the Developer's performano~ of the Work, tho D~loper will return il~ Work and tho construction site ~o the City fr~ of any and all hazardous rear,gals so tiler tho condition of the Work and the cons~on site shall be in s~bstantlally thc safn¢ anvironm~ntal condition aa when the Developer first I~n construction of'the Work. 23. SAFETY. A. The D~eloper shall be responsible fo: safety related to and durinl[ ~ perfornumce this Agreement and prosecution of'the Work. The Developer shall insure thai its employees ang tho ~nployees of its sub-co~rs and material mea ar~ nolifled of and'observe and abid~ by ali f~er"i, state and local safety re~ul~ions md laws including but r~ot limited to those issued by thc City or the Developar, and any ~vlslons of the foregoing that may hero, after be applicable. B. The Developer shall immediately/notify the City of any damage to properiy and/or injury to, or death of; persons which occurs in conne~tlon with the Work. C. The Developer will def-~cl, indemni~ and hold harmless the City from and a~ain~ any claims, demands, liabilities, settlemants, damages, costs or ~rp~se~ of'whatever kind or nature, known or unkao~ contingent or otherwi~ arising out oi~ or in an}, way related to any injury or d~ath to p~r~ons or property damag~ during tha cor~truotion oftha iackson Street ]~xteasion. 10 24. SFBCilrICATION$ AND DKAWING$. Anythin~ mentioned in the ~pecifications and not shown o~ the drawing;, or shown on the drawings and not mentioned in the specifications, shall be of like e/fca as if ~hown or mentioned in both. in caso o£differencc between drawin$.~ and specifications, the specifications shall govern. In case of discrepancy either in the figures, in the drawings, or in the specLflcations, the rotter shall be subraitted promptly to thc City who sha~ make a det~nnination promptly in wrkin~. 25. SUP~HNC.'~ BY ~ DEVELO~ The Developer shall have a competent foreman or superintendent, reasonably satid'actory to the City, on the Work ~/te at ail times during the performance o/'the Work. Said/'oreman or superintend~ut shall bare the authority to ac~ for the Developer. 26. W~Y O1; CONSTKUCTION. In addition to any other warranties in this Agreement, the Developer warrants that the Work performed under th/s Agreement conforms to this .44veemeut's requirements, specifications and draw/nSs and is fr~e from dd'ects in d~i~r, or worhnanship performed by the Developer or any of i~s sub-contractors or materia~ men. MISC~LLA.,'~OU$. A. Any notice, or other communication b~ween the Parties in conne~tion with this Agreement shall be ia writiag and delivered in person to any officer or duly authorized representative of the other Party or the Party for whom intended at the address (subject to change by writtea notification to the other Party) set forth above, B. This Agr~ment has b~n negotiated and cn¢cuted in thc State of'Florida and shall be gayla-ned by and con~trued under the laws of the State of Florida and jurisdi~on is agreed to ve~t in the cou~ of Indian Kiv~r County, Florida. C. This Agreement may be ~x¢cuted in one or rnor~ coumerparts, each of which shall be deemed an original, but all ofwhich together shall constitute one and the same inmument. D. The Parties shall each cooperat~ with the other in good iaaith and shall ~ut~ such ~u-ther doCUments and shall perform mob further act~ aa may be reasonable ne~e.n~-y or appropriate to carry out and accomplish fha lntertt ofthla Agreement. E. Thi~ A~mant, and ex3ibit$ attach~ hereto or ~pr~ly made a pm hereof; I1 embodies the entire Agreement and undm'standin$ of the Parties and supersedes ell prior agreements and understandings, written or orel, between the Parties with respect to the subject IN' WITNESS WHBiLI~0F, the Develop~ md the City here e~ecuted this Agreement whioh is effective aa of the date indicated above, C~pt'n Butcher, Inc. City of Sebastian, By: Harold D'."A~dams, President By: -:-.-=-- rerren~e P,. Moore, C/ty Manager.. Attest Appro~d es to £orm and legality for reliance by the City of Sebastian only. Stringer, Cit~' Aitomey 12 City of Sebastian, Florida Subject: Resolution No. R-02-31 Adopting au Amended Fiscal Year 2001-02 Budget. Agenda No. Department Origin: Finance(5~ Date Submitted: July 17, 2002 For Agenda of: July 24, 2002 Exhibits: · Resolution No. R-02-31 · 3rd Quarter Budget Review Memorandum · Project Status Reports by fund ns of June 30, 2002 · ~, Schedule of Investments b~ T~pe as of June 30, 2002 EXPENDITURE [ AMOUNT BUDGETED: REQ~p: N/A ] N/A APPROPRIATION REQUIRED: N/A SUMMARY Pursuant to policy established in previous fiscal years, budget reviews and adjusUnents would be presented to the City Council on a quarterly basis. In addition, project stares reports and investment reports are also included for your review. During the course of the year additional information and/or updated information becomes available which allows for amendments to the budget. For the 3~ Qtm'ter ended June 30, 2002, the budget review memorandum provides an update of where we are at a snapshot in time. As such, we have no recommended changes to the general fund except for increases in three departments offset by a decrease in contingency. The General fund is tracking real well with the anticipated revenues and expenditures for the nine months ended lune 30, 2002. In addition, there are minor increases in a couple of the Special Revenue funds and Capital Project Funds due to additional revenue or the need to appropriate reserves to implement various programs as provided in the Budget Review Memorandum. In addition, in keeping with the ability of the City to react to these type of changes as they occur during the course of a year and matching it with the ability to take advantage of them, we are recommending the changes identified in Resolution 02-31, Exhibit "A", which are more particularly defined and explained in the enclosed memorandum for the 3~l Quarter Budget review. RECOMMENDED ACTION Move to approve R-02-31. RESOLUTION NO. R-02-31 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING AN AMENDED BUDGET FOR THE FiSCAL YEAR BEGINNING OCTOBER 1, 2001 AND ENDING SEPTEMBER 30, 2002 AS PROVIDED FOR IN EXHIBIT "A"; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WltEREAS, on September 26, 2001, the City of Sebastian adopted Resolution No. R-01-64 providing for the adoption of the City's 2001-02 budget; and WHEREAS, an analysis of the revenues and expenditures for the nine (9) months ended June 30, 2002 has indicated that some adjustments are necessary, NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CiTY OF SEBASTIAN, INDIAN RIVER' COUNTY, FLORIDA, THAT: Section 1. The budget of the City of Sebastian, Indian River County, Florida for the Fiscal Year beginning October 1, 2001 and ending September 30, 2002 be amended, a copy of which is attached hereto and more particularly identified as Exhibit "A", which are hereby adopted and the revised appropriations set out therein are hereby made to maintain and carry on the government of the City of Sebastian, Indian River County, Florida. Section 2. All resolutions or pans of resolutions in conflict herewith are hereby repealed. Section 3. This Resolution shall become effective on June 30, 2002. It was moved for adoption by Councilmember The motion was seconded by Councilmember being put to a vote, the vote was as follows: and, upon Mayor Walter Barnes Vice Mayor James A. Hill Couneilmember Ray Coniglio Couneilmember Joe Barezyk Councilmember Ed Majeher The Mayor thereupon declared this ReSolution duly passed and adopted this 24~ day of July, 2002. FUND GENERAL Revenues $ Expenditures $ LOCAl, OPTION GAS TAX Revenues $ Expenditures $ DISCRETIONARY SALES TAX Revenues $ Expenditures $ RIVERFRONT REDEVELOPMENT Revenues $ Expenditures $ RECREATION IMPACT FEE Revenues $ Expenditures $ STORMWATER UTILITY FEE Revenues $ Expenditures $ LAW ENFORCEMENT FORFEITURE Revenues $ Expenditures $ G.R.E.A.T. PROGRAM Revenues $ Expenditures $ DEBT SERVICE Revenues $ Expenditures $ CAPITAL IMPROVEMENT PRO3ECTS FUND Revenues $ Expenditures $ TRANSPORTATION IMPROVEMENTS FUND Revenues $ Expenditures $ GOLF COURSE Revenues $ Expenditures $ AIRPORT Revenues $ Expenditures $ REVISED BUDGET 8,130,545 8,130,545 636,158 636,158 1,888,891 1,888,891 198,577 198,577 197,660 197,660 631,900 631,900 18,235 18,235 12,240 12,240 64,724 64,724 1,560,365 1,560,365 179,690 179,690 50,000 50,000 744 744 - - 16,000 16,000 - - - - 6,313 6,313 939 939 AME~ED BUDGET $ 8,130,545 $ 8,130,545 $ 686,158 $ 686,158 $ 1,888,891 $ 1,888,891 $ 199,321 $ 199,321 $ 197,660 $ 197,660 $ 747,900 $ 747,900 $ 18,235 $ 18,235 $ 12,240 $ 12,240 $ 64,724 $ 64,724 $ 6,313 $ 6,313 .$ 939 $ 939 $ 1,560,365 $ 1,560,365 $ 179,690 $ 179,690 EXHIBIT "A" TO: MAYOR AND CITY COUNCIL FROM: CITY MANAGER DATE: July 17, 2002 SUBJECT: 3P'v QUARTER BUDGET REVIEW - JIYNE 2002 As of June 30, 2002, the status of budgets for the major operating funds was as follows: % OF BUDGET ADOPTED RECEIVED/ BUDGET RECEIVED/ BUDGET EXPENDED BALANCE EXPENDED GENERAL Revenues $ 8,130,545 $ 6,221,072 $1,909,473 76.5% Expenditures $ 8,130,545 $ 5,711,763 $ 2,418,782 70,3% GOLF COURSE Revenues $1,560,365 $1,211,646 $ 348,719 77.7% Expenses $1,560,365 $1,086,819 $ 473,546 69.7% AIR.PORT Reve~xues $ 179,690 $ 141,613 $ 38,077 78.8% Expenses $ 179,690 $ 139,173 $ 40,517 77.5% Highlights of the third quarter status analysis include: 1. Overall revenues supporting the General fund are being received as planned. During the nine months ended June 30, 2002, 76.5% of the budgeted revenues were received. There are no recommended changes to the General fund for the third quarter. 2. The General fund expenditures are being expended m accordance with the spending plan. There are no . recommended changes to the General fund for the third quarter. 3. Special Revenue Funds All Special Revenue funds are receiving revenue as planned and recording expenditures as programmed. However, due to an authorized appropriation for emergency drainage work of $20,000, and anticipated road maintenance improvements to Indian River Drive of approximately $30, 000, therefore, there is a recommended increase to the Local Option Gas Tax, In addition, the Riverfront Redevelopment District received an insurance refund for a damage light pole necessitating an increase to this fund of $744. Staff has kept well within the adopted budget in all funds to maintain maximum fiscal flexibility. continue to monitor and review each position vacancy as it occurs for s~vice level consequences. Stormwater Utility Fee fund has generated significantly more revenue than previously anticipated and staff recommends increasing the budget for this fund by $116,000. 4. Debt Service Fund Overall, the debt service fund is receiving revenue as planned and recording expenditures as programmed. There are no changes to this fund for the third quart~. 5. Capital Projects Funds Enclosed with this budget review are capital project status reports. Three capitol improvement projects exceeded revenue and will require an additional appropriation to balance the projects. These appropriations are provided below. 6. Golf Course Fund The Golf Course revenues are slightly above the amount anticipated through the nine mOnths ended June 30, 2002. We will, however, continue to monitor revenues since the sm~,er months are traditionally the slowest months for this fund. There no changes, however, recommended for this quarter. The Golf Course expenses are being recorded as prograrmned and are expected to stay the same for the remainder of the year. There are no changes recommended for this quarter. 7. Ah-port Fund Overall revenues are being received as plmned through the nine months ended June 30, 2002. l~evenues are slightly ahead of the curve which would normally show at 75% for the first nine months, however, there are no recommended increases for this quarter. Expenditures are occurring as anticipated and them are no recommended increases for this quarter. Staff will Tcrrence R. Moore, City Manager 2 ANALYSIS OF GENERAL FUND,..~,V'ENUE Overall revenues supporting general fund activities are being received as planned. A total of $6,043,731 or 76.5% of the $8,130,545 budget was received during the nine months ended June 30, 2002. This percentage is slightly above 75% due to 100% of property taxes being received during those nine months. Last year 80.0% of budgeted revenue was received during the same period. TAXES: Real and Personal Property Tax Collections is on the same pace as last year where 100% of the budgeted amount had been collected The Franchise Fees and Utility Service Taxes will continue to be monitored, as some of them are below the 75% collection estimate for the nine months of the year. This is due to timing differences in recording the revenue and the actual cash received, however, we are confident that the revenue budgeted will be realized. With the budget amendment in the 2~ quarter for the Communication Services Tax, this revenue sharing source is on target to realize the projected revenue. LICENSES AND PERMITS: Occupational and Professional Licenses are being received ahead of the pace set last year at 101.7% of budgeted revenues as compared to 88.7% last year for the same period. Although revenues received exceed the budgeted amounts, there is no recommendation to increase the budget for these line items. Construction permitting is significantly higher than the prior year for the same nine months recording 94.7% of revenues as compared to 63.8% for the prior year. The current level of residential construction in the City has not tapered off and is projected to exceed the budgeted amounts for the year. However, we do not recommend an increase in the budget for these revenue sources at this time. . .IN~.. RGOVERNlVlENTAL REVENUE: During the six months of 2001-2002, the City has received 70.3% of the projected revenue which is right on target with the same period last year of 70.4%. Revenues are being received as planned. This is mostly due to timing differences associated with when revenue is recorded and when actual cash is received. The cash receipts received in October by the City is generally associated with revenue received in August by the State and therefore, in accordance with generally accepted accounting principles, would be recorded in the prior year. As such, the revenue (not cash) received in October, 2001 would be recorded in September, thus evening out the revenue recorded, Based upon calculations used during the budget process, we are confident the revenue will be received as budgeted. GENERAL GOVERNMI~NT REVENUE: During the nine months the City has received 87.5% of the budgeted revenues in this group. This is a 12.2% decrease from the previous year of 99.7% received during the same period. Although revenue is down from the previous year staffis confident that budgeted revenues from these sources will be received. FINES,..~ FORFEITURES: During the nine months ended June 30, 2002, 56.4% of revenue had been collected or received as compared to 63.8% in the prior year. This reflects a slow downward mm in traffic citation revenue as reflected above. Although the revenue received has decreased, there is no recommended changes in the budgets for these line items at this time. We will, however, continue to monitor these figures. MISCELLANEOUS REVENUES: 3 During the nine months ended June 30, 2002, the City has received 89.8% of miscellaneous revenues. This compares to 92.1% received in the prior year for the same period. Although, there is a slight decrease, staffis confident the remaining budgeted amounts will be realized. Therefore, there are no recommended changes at this time. OTHER RBVB ....NUB SOURCB,,,S; Other revenue is being received as planned. There are no recommended changes at this time. NET KECOMMENDED CHANGE TO THE GBNBRAL FUND REVENUES $0. ~ALYS!~,.OF GENERAL F~ EXPEND~~S Most departmental percentages were at or below the 75% level anticipated for the nine months ended June 30, 2002. In addition, there are additional funding requests included by department which have been offset against contingency in Nondepartmental. EXPENDITURES: Operating Expenditures - Increase of $7,573 associat~l with the outsourcing cost for a Police Sergeant EXam in accordance with the PBA Contract. This exam will be good for three years, after which, updates will need to be made at a fraction of the cost of a new exam. ........ ~ ~ PERSONAL SERVICES [ 835,515 [ 0 [ ......... 836,515 OPERATING"EXPENDITURES ! 249,749 [ 9,35~ 259,100 cAPrrAL' 5un. ¥ I 78,8431 0[ 78,843 4 Operating Expenditures - Increase results from an appropriation for repair of the track hoe authorized on June 12, 2002. PERSONAL SER~CES 307,711 0 307,711 OPE~G E~E~~S .............. 28,811 0 ............... 2~81.1. C~C~ O~Y 6,047 13,841 19,888 Capital Outlay - Increase results from a an appropriation of fund for a small truck for the new inspector originally scheduled for theFY02/03 budget and authorized via appropriation on June 26, 2002. OPERATING E. ,XPENDITURES 72~...:.~9.4....l o I 721,104 mrr~.a~-ND ~A~S~.RS 100,0001 o I 1 oo;ooo CO~GENCY 165,084 { ........ (30,'765)[ 134,319 Contingency - The decrease is the net result of the various appropriations to increase individual budgets outlined above. 5 Following is a summary of the General fund Departmentz and Divisions explained above: FUND & REVISE]) RECOMMENDED REViSED ACCOUNT ......... iDESCRIPTION BUDGET CHANGES BUDGET General Fund Operating Expenditures and Capital Outlay by Department/ Division: Legislative 40,610 City Manager 273,710 Central Garnge 156,227 City Clerk 285,991 Legal 118,860 Finance 358,989 Human Resources 185,497 Police Department: Administrative Division 145,573 School Resource Unit 99,174 Patrol Division 1,261,503 Commllnity PoUeing Unit l 12,804 Code Enforcement 116,393 Detective Dlvbion 438,854 Support Services Division 211,492 Commonlcatlons Division 324,869 Engineering 337,911 Public Works: Roads & Drainage 1,165,107 Building Malnatenance 197,143 Parks & Recreation 642,561 Cemetery 94,839 Growth Management 233,681 Building Department 342,569 Non-departmental 986,188 Total Operating Expenditures and Capital Outlay by Department/Division: 8, I 30,545 0 40,610 0 273,710 0 156,227 0 285,991 0 118,860 0 358,989 7,573' 193,070 0 145,573 0 99,174 0 1,261,503 0 112,804 0 116,393 0 438,854 0 211,492 0 324,869 0 337,911 9,351 1,174,458 0 197,143 0 642,561 0 94,839 0 233,681 13,841 356,410 (30,765) 955,423 0 8~130,545 INCREASE 0 0 0 0 0 0 7,573 9,351 o 0 0 0 13,841 (30,765) Excess(deficiency) of Revenue over Expenditures and Capital Outlay 0 0 NET KECOMMENDED CHANGE TO THE GENEKAL FUND EXPelS $0. ANALYSIS OF LOC.~ OPTION~ GAS TAX.SpECIAL REVENUE.._~ gcverlues~ Local Option Gas Tax 618,548 0 618,548 Other Revenue 17,610 50,000 67,610 Other Revenue - Increase results from an appropriation from prior year fund balance associated with an appropriation for emergency drainage work authorized by City Council during the heavy rains in late June in the amount of $20,000 and an additional amount of $30,000 for placing three additional crosswalks on Indian River Drive along with the associated markers, signs, etc. for a total reduction in reserves of $50,000 to approximately $166,721. Expenditures: OPe~TmG ~~~S 187,378 [ 50,000 [ 237,378 DEBT SERmCE 300,000[ ......... 01 ............ 300,000 ~~ ~sF~ ~48,780 1 0 1 1~s,7~0 ?gOemT~D ........................... : '" o l ol 0 Operating Expenditures - Increase results from emergency drainage work of $20,000 and additional crosswalks on Indian River Drive in the amount of $30,000. ANALYSIS OF RIVERFRONT REDEVELOPMENT D!S,TRICT SPECIAL REVENUE FUND Revenllesi Tax Increment Revenues 191,289 ~,. ,,~:t, ' ~: 191,289 Other Revenue 744 7 Other Revenue - Increase results from an insurance reimbursement for two damaged light poles on Indian River Drive. Since this is a separate revenue source than tax increment financing, and the capital expenditure reflects this reimbursement, the fund itself would necessitate and increase. Expenditures: Capital Outlay - Increase results from costs associated with the replacement of two damaged'light poles on Indian River Drive in the amount of $2,744 of which $744 was reimbursed. ~YS!S STORMWA~R UTiLITY FEE S:PEC~ REVENUE FUND Stormwater Utility' Fee Other Revenue , ,621,450 116,000 [, 737,450 0 10,450 Stormwater Utility Fee - Increase results from a greater than expected revenue stream from this funding source. Preliminary estimates were based upon indicatx~s originally established in conjunction with'a 5% reduction in receipts similar to property taxes and questions regarding properties not subject to the assessment SUCh as conservation areas, etc. With a full year under our belt and the assessment being completed in the Finance department, future estimates should be more accurste. Expenditures: OPERATINg EXPENDITURES 25,000 ............................. 13,811 38,811 T S .rtS 0 0 0 ~PROP~D ..... ~06,900 i"62'1'89 709,08~ Operating Expenditures - Increase due to a greater than anticipated number of applicant refunds for on site stormwater systems. Unappropriated - Increase results from the offset of refunds against the revenue increase. ANALYSIS.OF CAPITAL PROJECTS Capital Projects are proceeding as expected (See enclosed project summaries by fund). The following amendments to capital projects is recommended as well as the one capital project that was added to the Capital Projects funds. These projects are interim program changes authorized by the City Manager in accordance with the Budget Resolution. Funding Title .Amount Source Clock Tower Project $ 939.27 Budget Svgs Yacht Club Restroom $1,896.68 'Hardee Park Restroom $ 603.75 Aerator Fountain at Garden Club Park $3,813.00 Budget Svgs Budget Svgs Donation/ Budget Svgs Cormnents $939.27 excess expenditures to complete the clock installation over anticipated cost and funding. Excess expenditures required to complete the project over estimated cost and funding. Excess expenditures required to complete the project over estimated cost and funding. Installation of Aerator Fountain with a donation from the Garden Club of $3,613 and $200 from Budget Savings. 9 GE31ERAL CAPri'AL PROJF_ETS FUND 310 AS OF Suno B0, 2002 COIO1 CIIOI C1104 C2101 C.2102 C'2103 C2104 ~ Budt~ City Hall Rtaovation 225,000,00 Cemetery Gate Arches Repinc. mnent (clx~glo 27.661.00 Derelic~ V~sel Rmnoval (~) 31,094.00 Cmn~tery Columbariuras 43,500.00 Cem~l~' Gazebo Refarbishm~nt (~) 2,OOO.00 Police Impound Compound 38,5OO.OO PD Communication Center l~novation 22,850.00 Current Prior Balatme Year Year All Years to % Exmmditmes ~ Ex~endittwes ~ ~ C~lete 30,761.66 122,196.54 152,958.20 0.00 72,041.80 67.98% I0~548.58 14,479.17 25,027.75 2,633.25 90.48% 11,250.00 18,150.00 29,400.00 1,694.OO 94.55% 2,609.47 2,609.47 40,890.53 6.00% 1,344.73 1,344.73 655.27 67.24% 0.OO 38,500.00 0.00% 8,050.79 8,050.79 1,695.00 t3,104.21 35.23% 64,565.23 154,825.71 219r390.94 lr69~,00 169t5t9.06 CAPITAL IMPROVEMENT PROJECTS FUND 32O AS OF June 30, 2002 Project Number C0201 C0202 C0204 C1202 C1203 C1264 C1206 C1218 C1221 C1226 C1228 C1229 C1230 C1231 C1252 C1233 C1234 C2201 C2202 C2203 · C2204 C2205 C2206 C2207 C2208 C2209 C2210 C2211 C2212 C2213 C2214 C2215 C6202 C7204 C9208 Descrintion Smrmwater Management Plan Update BSSC FY 2001 improvements Compound Storage Shed Rivervi~w Park improv Pl~s~ I FY01 Reroof Shelt~ ~ Sehunmm Park Improvements ~) Land Purchase & Compund Extemion (cgo~ Fleming .at Drainage (awulea, etc.) (CLOSgI Onmge Av Swale Reconsugt Mulberry SY Culvert-l.22/23 Unit 4 (cI,osluml Xln~ Culvert-Caravan/C~wberry (CLOSe) 8¥ Culverts - Unit 2 (3 Culvem) S¥ Culverts - Unit 3 C2 Culvem) .aY Culvem-967 Blossom Dr-Uult 5 .aY Culvert-426/432 Tulip Dr-Unit 8 SY Colvetts-562 Cone. ha Dr-Unit l Xing Culvert-George St ~ Dyke.Unit 6(CLOt Riverview Park Improv Phase II Shumatm Lake Park Pha~ I Fend. ins ~ BssC VCgren's Memorial Land Pure. base behind City Fatll (ct~mm) Parka Maintenance Building Thin~a (13) Sid~ Yard Culverts Thee (3} Swale and Xing Pipe Upgrades .aix (6) Crossing Culvert Replacements Gmage Oil Containment Fa~illty Garden Club Aerator Founutin Fiber Olgi¢ Cable .~humann Drive Median Irrigation System Yacht Club Renovation (~ Hard~g Park Re. room Budl~t 200,0OO.OO 320,288.00 14'802.57 425,000.00 6,000.00 87,000.00 31,509.00 29,724.82 50,869.83 12,649.39 6,470.OO 25,638.00 19,620.00 9,292.00 9,178.00 8,658.00 3,801.00 40,8OO.OO 12,100.00 34'2OO.OO 178,000.00 62,150.00 116,150.00 107,139.05 19,058.82 27,940.56 5,630.00 3,813.00 45,5OO. OO 49,9OO.OO 1,021,200.00 80,702.09 58,$80.00 '= 3,588,364.13 Cur~nt Prior Balance Year Year All Years to % Extmmiitmes ~ Expenditures Enc~ ~ Comolete 41,824,30 28,231.59 70,055.89 116,246.OO 13,698.11 93.15% 20,943,69 233,953.45 254'897.14 750.00 64,640.86 79.82% I 1,782.57 11,782.57 3,020.OO 0.OO 100.00% 27,233.86 6,432~22 33,666.08 38,625.00 352,708.92 17.01% 780.86 780.86 5,219.14 13.01% 55,095.00 31,586.96 86,681.96 0.OO 318.04 99.63% 0.OO O.OO 31,509.OO 0.OO% 18,7t4.53 11,010.29 29,724.82 0.OO lOO.00% 37,121.34 13,748.49 50,869.83 0.OO 100.00% 6,061.24 6,588.15 12,649.39 0.OO 100.00% 2,381,74 2,381.74 4'088.26 36.81% 4,664.23 7,650.82 12,315,05 13,322.95 48.03% 7,858.41 3,879,21 11,737.62 7,882.38 59.82% 3,3'30,93 2,483.71 5,814.64 3,477.36 62.58% 3,369.86 1,395.50 4,765.36 4,412.64 51.92% 5,387.34 1,927.93 7,315.27 0.OO 1,342.73 84.49% 1,737.41 1,737.41 2,063.59 45.71% 398,015.OO 398,015.OO 1,985.00 99.50% 0.00 40,8OO.OO 0.OO% 3,877.00 3,877.OO 8,223.00 32.04% 0.OO 34,2OO.OO 0.OO% 178,000.00 178,000.00 0.OO 100.00% 0.00 62,150.00 0.OO% 1,264.96 1,264.96 114,885.04 1.09% 32,517.38 32,517.38 3,988.00 70,633.67 34.07% 11,022.71 11,022.71 0,OO 8,036.11 57.84% 0.OO 5,OO0.OO 22,940.56 17.90% 4,267.17 4,267.17 0.OO 1,362.83 75.79% 3,612.13 3,612.13 200.87 94.73% 0.OO 45,5OO.00 0.00% 0.OO 49,900.00 0.00% 0.OO 65,000.00 0.00% 40,099.23 772,626.36 812,725.59 25,571.OO 182,903.41 82.09% 39,442.82 42,560,60 82,003.42 (1,301.33) 101.61% 12,795.33 45,809.30 58,604.63 0,OO (24.63) 100.04% 9~6,$1 gA6' '1,226,567.16 ' 23sLSss'3~' is~.oo~oo 1,21~,078.Sl CITY OF SEBASTIAN TRANSPORTATION CAPITAL PROJECTS FUND 330 AS OF June 30, 2002 Project Numb~ C0302 C1302 C1303 C1304 C1305 C1306 C1307 C2301 C2302 C2303 C2304 C2305 C9301 Fleming Street Sidewalk (Ct~Srn) Barber St Improvements Phase H Main Street Lan~caping (ct, os~D) CR 512 Alley Improvements Tulip Drive Bikepalt~ $chumarm Dr Bikepath Extemion Clock Tower/Fellsmere Road (CLOSe0 City Hall Parking Lot (CLOture) Louisiana Improvements Barber St Sidewalk (C1~12 to Hardee Park) Main St/Wimbrow Dr Sidewalk Hardee Park/Wimbrow Dr Sidewalk Barber St Bridge Improv CITY OF SEBASTIAN ROAD PAVING PROJECT FUND FUND 335 AS OF June 30, 2002 Project C8308 Road Paving Project crrv o~ sEBASxuu~ GOLF COURSE PROJECTS FUND 415 AS OF June 30, 2002 rroject Number De~critaion C6402 Seal & Asphalt Pnrking Lot C140! Golf Course Renovation CITY OF SEBAS1LAlq AIRPORT PROJECTS FUND 455 AS OF June 30, 2002 Project C0501 5 Year Capital lmprowment Plan C0503 P. JW Lighting and Security Fence C ! 502 T-Hah/ar Co~trucfion C1505 Acoess Roads, Water/Sewer, Gates C1506 Maintenance Fecility C2501 Rehab of Runway 9-27 C2502 Install S~ctnd~ Fencing C2503 Constant T-I-Iansen C25O~ Clear R/W 9-27 Safety Areas Current Prior Year Year All Years Bud=et Exuenditures F..xu~ndi~s Exuenditures 64,900.00 7,840.00 32,034.90 39,874.90 314,920.00 197,890.42 30,856.78 228,747.20 10,000.00 0,00 146,000.00 14,473.12 14,473.12 35,200.00 0.00 20,400.00 0.00 32,072.00 33,011.27 33,011.27 30,800.00 3,193.00 3,193.00 300,000.00 8.84 8.84 71,500.00 0.00 93,500.00 1,758.49 1,758.49 71,500.00 0.00 309,660.00 32,850.01 32,850.01 . 1,5007452.00 Budget 3,850,855.00 258t175.14 9~1,?~1.~9 35~t916.83 Currem Prior Y~tr Year All Year~ Exoenditures ~dimms Exaeaclimre~ 305,151.16 2,698,115.97 3,003,267.13 Cur~nt Prior Amended Year Year All Yents Bud~t Ex~nditu~ ~turaa F~xnenditures 35,200.00 2,463.52 6,533.40 8,996.92 712,500.00 2,595.13 684,031.54 686,626.67 747~700.00 35,885,00 13,877.00 0.00 0.00 49~762,00 Balance ~o % Comolete Complete 25,025.10 61.44% 50,287.80 72.64% 10,000.00 0.00% 117,649.88 9.91% 35,200.00 0.0o% 20,400.00 0.00% (939.27) I02.93% 27,607,00 1037% 299,991.16 0.00% 71,500.00 0.00% 91,741.51 1.88% 71,500.00 0.00% 276,809.99 10.61% 11096r773.I7 5,058.65 .......... .6.9. 0.,5..64,94 6951623.59 Current Prior Amended Y~r Year All Years Budget Exmmditu~ Exneadituma ~turea 300,000.00 29,135.25 258,819.50 287,954.75 228,750.00 1,395.80 30,590.10 31,985.90 531,250.00 51,234.47 21,730.00 72,964.47 500,000.00 39,419.47 30,531.00 69,950.47 71,739.00 6,068.12 1,196.00 7,264,12 230,000.00 126,986.13 126,986.13 30,000.00 4,475.48 4,475.48 100,000.00 0.00 877,500.00 0.00 ]~w=nbmn~e~ 176,935.00 to % Comolete Comolete 670,652.87 77.99% ~tS69t~39.00 258r714.72 3421,866.60 ,~1r581.32 Balance to % Com~lm.e Complete 26,203,08 25.56% 25,873.33 96.37% o.oo 12,045.25 95.98% 188,003.00 8,761.10 13.98% 20,411.00 437,874.53 13.73% 22,475.00 407,574,53 13.99% 57,700,00 6,774.88 10.13% 48,000.00 55,013.87 5521% 'M0.00 25,084.52 14.92% 100,000.00 0.00% 7,200.00 870,300.00 0.00% 344r229.00 lr~23t428.,68 2019~'~N City of Sebastian, Florida Subject: Pelican Island Bike path and drainage Ap~roved/~gr Sub~/tt~l by: Agenda No. Department_~l:ig~.' J~..ngineering Dept. Hea~: ~o~ FinanCe: _ General Services:_~~~~ Date Submitted: 07/I 7/02 For Agenda of: 07~24~02 Exhibits: Cost Estimate and project location map EXPENDITURE AMOUNT BUDGETED: APPROPRiATION REQUIRED: $37,500 $ 0 REQUIRED: $37,500 SUMMARY The Engineering Deparmaem was approached by The Sebastian Police Department to help resolve some safety concerns they had in the area of Pelican Island Elementary School. Now that the improvements at the Barber Street Schumann Drive intersection are complete, we would like to go forward with these safety implementations as soon as possible in order to have them completed before school begins. We have prepared a cost estimate for drainage work and for the sidewalk installation, which will mn down Barber Street to Douglas Avenue. The sidewalk installation will be done through Regan Masonry who is currently under contract with the city for concrete work and has agreed to use their approved price to provide concrete forming, pouring, and finishing for the installation of the sidewalk. RECOMMENDATION Move to authorize the Pelican island Bike path project at a total cost of $37,500, appropriate funds and approve a work order with Regan Masonry at the approved contract price of $1.60 SF to form, pour and finish. Subject City of Sebastian 1225 Main Street Sebastian, Florida 32958 Publishing City Council Agendas Agenda No. ~;;~./~ ~" Department Origin: City Clerk Date Submitted: 7/9/02 For Agenda of: 7124/02 SUMMARY STATEMENT At the September 27, 1995 City Council meeting, former Vice Mayor Corum suggested publishing City Council agendas in the Press Journal and the City Manager said he would have the City Clerk look into it. On February 16, 1996, City Council passed a motion to authorize the City Manager to pdnt the regular meeting and workshop agendas in the Vero Beach Press Journal on Mondays with a $200 per ad cap. In 1995 we had no other avenue for publishing the agenda, however, since 1997 when the first website was created, Council agendas have been published on-line. Last week we began · including Council agendas on Channel 25. In the first three quarters of this fiscal year, we have spent $3,963.13 on publication of agendas. At this rate, the number should exceed $5,000 for the year. Agendas are rarely under $200. I am bringing this information to you for your review and decision as to whether this cost is justified now that we have other methods of providing agendas to the public. If City Council is inclined to continue the publication, we will need you to remove the $200 cap since we are already reducing text as much as possible to keep the cost down. RI~COMMENDED ACTION Review the information and if Council is inclined to continue the Press Journal publication, direct staff accordingly removing the $200 cap.