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HomeMy WebLinkAbout07252001HOME OF PF. ZJ~ ISL&ND CITY COUNCIL REGULAR MEETING AGENDA PACKET WEDNESDAY JULY 25, 2001 7'00 PM HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, JULY 25, 2001 - 7:00 P.M. CITY COUNCIL CHAMBERS 225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK - 1225 MAIN STREET, SEBASTIAN, FLORIDA Individuals will address the City Council with respect to agenda items immediately before deliberation of the item by the City Council - limit of ten minutes per speaker (R-99-21) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. MOMENT OF SILENCE 4. ROLL CALL AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the wdtten agenda may be added only upon a rnajo/fty vote of City Council members (R-99-21) fl,od, PROCLAMATIONS, ANNOUNCEMENTS AND/OR PRESENTATIONS 01.182 01.159 Presentation of Check from Florida Department of Environmental - Florida Recreation Development Assistance Program - Riv.e. rview Park Expansion Presentation of Certificates of Appreciation to Donna Bauer, Lisa A. DeAngelis, and Charla M. DeHate for Their Assistance During Dog Attack 01.183 Video Presentation by Airport Manager, Jason Milewski, on "Aviation in Florida" 01.012 1-4 01.184 5-8 01.141 01.185 11. 9-38 01.186 39-40 01.069 41-42 01.083 43-50 01.187 51-52 12. CITY ATTORNEY MATTERS CITY MANAGER MATTERS Status Report on Camco Services City Projects (CAMCO Letter, Notice to Proceed, Bid Proposal Price Form, CAMCO President Letter) Authorize the City Manager to Execute Amendment #1 to Airport Lease Between City of Sebastian and Orange Peel Enterprises, Inc. (City Manager Transmittal 7/12/01, Amendment One) Report on Meeting with Contractors Regarding Vacation of Easement Review Process (No Backup) CITY CLERK MATTERS CITY COUNCIL MATTERS Ao b. C. D. Mr. Barczyk Mr. Hill Mr. Majcher Mayor Barnes 1. Proposed Schedule for Council Attendance at Indian River County Commission Meetings (No Backup) E. Mr. Bishop CONSENT AGENDA All items on the consent agenda are considered murine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. A. Approval of Minutes - July 11, 2001 Regular Meeting, July 18, 2001 Special Meeting Authorize Renewal of B & T Sod and Landscaping Co. Contract for One Additional Year in Accordance with Terms of Original Contract (GSA Transmittal 7/12/01) Approve Riverview Park Special Event Permit for Pelican Island Wildlife Festival, 3/10/02 10 am - 4 pm (Parks Transmittal 7/17/01, Memo from Pelican Island Preservation Society) Accept Local Law Enforcement Block Grant and Authorize City Manager to Notify Bureau of Justice Assistance (City Manager Transmittal 7/19/01, Memo from Captain Puscher, Award Approval Notification, Grant Handbook Information) Authorize the Solicitation of Bids to Sell Seized Cabin Cruiser "The Betsea" (Police Transmittal 7/25/01, Forl:eiture Agreement) PUBLIC HEARING - None 2 13. 14. 15. 01.157 53-62 01.188 63-76 15. 01.118a 77-90 01.118b 91-104 01.189 105-108 01.025 109-112 01.190 113-116 INTRODUCTION OF. ,NEW .BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not othen/vise on the agenda - sign-up required - limit often minutes for each speaker COMMITTEE .REPORTS/RECOMMENDATIONS OLD BUSINESS A. Reconsideration of Ordinance No. O-01-15 - Recreation Impact Fee (O-01-15) AN ORDINANCE OFTHE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 74 TO CREATE ARTICLE III RECREATIONAL IMPACT FEES; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. First Reading of Ordinance No. O-01-19 - Canal Policy (City Attorney Transmittal, Ordinance No. O-01-19, Canal Landscape Management Plan, Policy Paper) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 110 TO CREATE ARTICLE III CANAL lANDSCAPE MANAGEMENT PLAN; PROVIDING FOR CONFLICTS, SEVERABiLITY, AND EFFECTIVE DATE. NEW BUSINESS Approve Work Authorization Three for LPA Group, Inc. to Provide Engineering and Design for Access Roads, Water and Sewer Lines and Electric Access Gates (Airport Transmittal 7/16/01, Scope of Work) Approve Work Authorization Four for LPA Group to Provide Engineering and Design Services for Proposed T-hangar Development on West Side of the Airport, to Include Buildings, Connecting Taxiway Pavements, Parking Lot Pavements, and Other Miscellaneous Improvements (Airport Transmittal 7/16/01, Scope of Work) Approve Water Quality/Quantity & Analytical Services Contract to EnvirOnmental Research & Design Inc. (Engineering Transmittal 7/16/01, RFP Ranking & Scoring Matrix) Resolution No. R-01-57 - Repeal of Emergency Water Restrictions (City Attorney Transmittal 7/25/01, R-01-57) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, LIFTING EMERGENCY WATER RESTRICTIONS; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. Resolution No. R-01-59- Establishing Water Utility Blue Ribbon Panel and Requesting IRC Support (City Attorney Transmittal, R-01-59) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, FORMULATING FACT~FINDING PANEL FOR WATERLINE EXPANSION PROJECT; REQUESTING COUN-I-YASSISTANCE; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 3 01.031 117-134 Resolution No. R-01-58 - 3r~ Quarter Budget Amendment (Finance Transmittal 7/18/01, R-01-58, 3rd"d Quarter Budget Review Memorandum, Project Status Reports by fund as of June 30, 2001, Investment Summary as of June 30, 2001) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1,2000 AND ENDING SEPTEMBER 30, 2001 AS PROVIDED FOR IN EXHIBIT "A"; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 01.099 135-144 First Reading of Ordinance No. O-01-18 ~ Davis Annexation - Schedule Public Hearing 8/8/01 (GM Transmittal 7/16/01, Ordinance No. O-01-18, letter of request, location map and Chapter 171.044 F.S.) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION OF EIGHTY (80) ACRES, MORE OR LESS, BEING A PART OF SECTION 18, TOWNSHIP 31, RANGE 39 PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATIONS; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. 01.191 17, H. Renaming of Fellsmere Road (No Backup) ADJOURN (All meetings shall adjoum at 10:30 p.m. unless extended for up to one half 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 MA Y NEED TO ENSURE THAT A VERBA TIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR A T589-5330 A T LEAST48 HOURS IN ADVANCE OF THiS MEETING. Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings. Upcomin;I Meetin!:lS: Workshop (Riverview Park Expansion Plans) - Wednesday, August 8, 2001 - 6 pm Regular Meeting - Wednesday, August 8, 2001 - 7 pm Budget Workshop - Wednesday, August 15, 2001 - 7 pm Regular Meeting- Wednesday, August 22, 2001 - 7 pm This meeting will be broadcast live on Cable Channel 25. 4 561-234-9300 56t-770-64.84 561-770-9691 June 22, 2001 Ci~ of Sebastian C/O t~lph and Bob 1225 M~in Snreet Sebastian, Fl 32958 Re: k~stroom and Sidewalk Completion Dates Dm~ Rzlph and Bob: In regards to th~ updat~ completion dates of the rcstrooms' and the Or.ge Ave sidewalks, the projected completion dates am a~ follow~: · Hardee Park Rest, room: July 2. 2001. Y~ht Club l~stroom: July 13. g001. · Barber Streg Sports Complvx: July~l~2001. Orange Sidewalk: July 27, 2001. ~r These ,ompletion date~ ~re proj~t~d and could change due m unexpected e2umges, and. uncontrollable ~layt If you need furth,r information, please f~l fr~ to oontact me at (561) 473-3338. Very Truly Yours, Bill Dyor Can~tm~tion Manal~=r 5135 U.S. Hishw~y I. Veto Beach, Florida 32967 Office of General Services Administrator ~Dm~on orrax on~cz o~ 1~5 ~ S~T - $~~, ~O~A 32958 ~O~ (561) 388 - 8241 F~(561-581~149 E-~= ~~bm.org ,NOTICE TO PROCEED YACHT CLUB RESTROOM 2. HARDEE PARK RESTROOI~I 3. BARBER STREET SPORTS 'COMPL~ PLAYGROUND :RE'STRO'OM DATE: February 1.4. 2001 TO: Mr. Paul Palestrini. President CAMCO Services. Inc.. Construction 5135 U.S. #1 Veto Beach. Florida 32967 You are hereby notified to commence work (as discussed in the. Pre- Construction Meeting of February 8, 2001) in accordance with the fully executed Agreement dated, February 13. 2001. on February 20, 2001. entitled.Construction Agreement, pertaining to .¢onstruction of three (3) restrooms noted above, to 'be completed as stipulated in the Bid Proposal Price Form which you submitted in the amount of $.1_60.605 leas credits of $12.1 O0 fbest & finat~=Total' $'L48.505. Although you are authorized to work on all three (3) restrooms simultaneously, the order of completion priority is, Yacht Club, Hardee Park, & Barber'street. Any and all substantial communication pertaining to this project communicated with tV[I,. Ralph Brescia. P.E.. Project Manager. Paul Wa~ner~'~neral Services Administrator shall be CC: Torrance Moore, Ralph Brescia, Terry Hill, Mark Mason CITY OF SEBASTIAN -BID 1. Yacht Club Restroom 2. Hardee Park Restroom 3. Barber Street Sports Complex North Playground Restroom (-BSSCN) BID PROPOSAL PRICE FORM The undmmigned ~ving bo:omo thoroughly f~afili~r with ~11 of the Asr~m~,-t and Bidding Doomn~ts inmrpm'ated her~in, thc project site and the lomlioa candilin~ ~l%oting the work, hereby propo~s 1o perform ow~rythlug reqnir~d to be p~'rform~ in mi~t coaff~ with thc mquireat~nt~ of th~sc docummts, and to pmvi& and famish ~11 rite equipment, l~bor tud ,n.terials nec~ssm'y to provide the oonstr~lion services me~ o~ exr, e~ding the ~catioas as set fofda h~a-~ia fo~ th, price quoted below. The prim qm~d is inclusive of any Acld~nda which may be isra~t, By the sisnmure below, tl~ Conm~ ~ ~lmt this Bid is mad~ wiflmut m~y other u~demt~ndiag, ~-memt, or vonneotio~ with ~my p~mon, corporation, or firm submitting a bid for the s~nae purpose and thtt the bid is in all respects fair and without oollusioa or fraud. If awm'ded th/s bk~ the Contmotor ~ to enter/rite said agrc-~memt within ten (l 0) consecutive ode,dar &ys no~oe by the City, and agreem to all the teams md candititms of all docummls staml tmtdu with the City of-Seba~rdau for the below stipulated price which shall remain finn for ~ (60) days following bid opiating date. RESTROOMS BID 'AMOUNT: NOTE: I. YACHT CLUB LUMP SUM BID AMOUNT HARDEE PARK LUMP SUM BID AMOIJ!~ BSSCN LUMP SUM BID AMOUNT GRAND TOTAL CONTRACTOR WARRANTS TOTAL CONTRACT COMPLETION TIA4E SltALL NOT EXCEED: a) ~CON~CUTIVE CALENDAR DAYS I~OR YACHT CLUB. ," b) .. 7~ CON~'ECUTr~ CALENDAK DAYS FOK HARDEE PARK. C).~.~CONS'ECU'I1VE CALENDAR. DAYS FOR BSSCN ' ' Your ATTEmlON m CALLED TO TI~ LIQUIDED DAMAOES CLAUSE CONTAINED IN TI-IE AOREEMENT DOCUMENT. BA~I~ OF AWARD, "~P.A_,NrD TOTAL" LOW BID TAK~ ALL. Authoriz~ 8iSmlut~ Printed N-m: Firm Nam~ &Addross Titl~ Ph~n~ Numb~ FILE No,715 07×18 '01 15:44 ID:RBCDEF ...... FA×tO00000000000 PRGE 1/ 1 CAMCO SF_.R~C~ INC. C/O CAMCO $F. RVI~ INC. $S3~.NORTH U.S. HIGH~AY ONI~ VF.~O BF~~ FLOIUDA 32~? (ssi) wo- ,84/FAX: (Sa) 'no* ol J~ly 18, 2001 City of' Sebastian ~.ttn: Terrence Moore, City Manager 1225 Main Stre~ Sebastian, Florida 3295g Dear M~. Moore: Pursuant to our meeting today, please let the following dates serve as the anticipated completion dates for the construction of the three (3) restrooms for the City of Sebastian: Hardee Park: July 23, 2001- for punch out Yacht Club: August 3, 2001- for punch out Spor~s Complex: A~ust 10, 2001- for punch out As you are aware, these projects have ~ken an inordinate mount of time as there were many delays relating to this project that include, but are not limited to weather conditions, engineering/design ch,,nges~ and subcontractors not performing work on a timely basis, In addition to the aforementioned, we have experienced major vandalism to our vehicles and our equipment. We sincerely apologize for the delays which were within our control and recognize that the above mentioned dates must be strictly adhered to. It always has been and will continue to be our intention and desire to provide the City Of' Sebastian with the highest quality work within the specified time frame. Again, we apologize for any inconvenience that this has caused the residents and members of the City' of Sebastian. Very truly yours, President Subject: Greens + Orange Peel Enterprises, Inc. Amendment No. One to Airport Lease Wee ence oore Agenda No. 01.184 Deparmaent Origin: City Manager Date Submitted: 07/12/01 For Agenda off 07/25/01 Exhibits: Amendment No. One to Airport Lease Between the City of Sebastian and Greens + Orange Peel Enterprises, Inc. EXPENDITU-BE [ AMOUNT BUDGETED: APPROPPffATION REQUIRED: N/A ! N/A REQUIRED: SUMMARY The attached Amendment Number One is to the Airport Lease made and entered into on the l0th day of July, 2001 between the City of Sebastian and Orange Peel Enterprises, Inc., providing for the City to handle the mitigation for the removal of wetlands on the site. RECOMMENDED ACTION Move to authorize the City Manager to execute Amendment Number One to the Airport Lease made and entered into on the 10' day of July, 2001 between on the City of Sebastian and Orange Peel Enterprises, Inc., providing for the City to handle the mitigation for the removal of wetlands on the site. AMENDME1VI' NUiV[BER ONE TO AIRPORT LEASE This AMENDMENT NUMBER ONE to AIRPORT LEASE made and entered into this .l.0..th. day of July, :1001, by and between the CITY OF SEBASTIAN, a municipal corporation existing under the laws of the State of Florida, (hereinafter referred to as the "Landlord"), and ORANGE PEEL ENTERPRISES, INC., a Florida corporation, (hereinafter referred to as the "Tenant") shall modify and amend the said lease agreement between the above parties in the following particulars, to with: WITNESSETH: WHEREAS, Landlord and Tenant executed that certain Airport Lease, wherein Landlord leased a portion of the Sebastian Municipal Airport property (hereinafter the "Leased Premises") unto Tenant for the period of time, and upon the terms and conditions as contained therein; and · Wi~.REAS, the Airport Lease contains a 6 month Due Diligence period, and an 18 month development Grace Period prior to the accrual and payment of rentals; and WHEREAS, in Connection with preliminary site and development analysis, the parties discovered the presence of certain jurisdictional wetlands upon the Leased premises; and WHEREAS, Landlord has agreed to perform aH required mitigation necessary to permit Tenant to fill the wetlands and develop the site, including the creation of wetlands from other uplands at an alternate location; and Wrr~.REAS, the parties have agreed that Due Diligence period and the Rental Grace Period should have been tolled while the mitigation plan was worked out with regulators. NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by all parties, it is covenanted and agreed as follows: INTEG~TION: The parties acknowledge the recitations set forth in the introductory clauses of this Amendment, and incorporate same herein by reference. WETLANDs .MITIGATION Landlord hereby agrees to-perform, at Landlord's sole expense, all mitigation :activities as are required, by St. Johns River Water Management District, (hereinatter referred to as "St. Johns"), or such other governmental agency with jurisdiction, which are necessary and required to permit the Tenant to:fill and develop the existing wetlands upon the Leased Premises. These activities shall include, without limitation, securing approval of St. Johns to the proposed mitigation activities, the creation of wetlands fi.om existing uplands at an alternate location owned by Landlord, and all future monitoring activities as may be required by St. Johns Or such o/her applicable governmental authority. However, Tenant shall incorporate and process the wetland removal and mitigation plan as Part of its St. Johns S. tormwater permit. The parties agree to exercise reasonable diligence in connection with performance of the mitigation activities .referred to above, and Landlord further agrees to indemnify, defend and hold Tenant harmless from and against any and all claims, demands, actions, costs, or expense associated therewith~ except Tenant shall bear the professional fees 'incurred in the standard permit application process. TOLLING OF DUE DILIGENCE/RENTAL GRACE,PERIOD S: A. Landlord and Tenant hereby .agree that the 6 month Due Diligence period :contained in Section 3 of the Airport Lease have been tolled, it being the intent of the parties that Said Due Diligence period shall commence in accordance with the requirements set forth in Section 4 below. Landlord and Tenant further'agree that. the 18 month rental Grace Period contained in Section :3 of the Airport Lease have been tolled, it being the intent of the parties that said Grace Period shall commence in accordance with the requirements set forth in Section 4 below. · C. Each. of the above Periods shall be considered tolled commencing as of the Effective Date of the Airport Lease. t TER_MINIATiON OF TOLLING PERIOD: The tolling periods referred to above shall terminate as of July, 10, 2001, but shall be reinstated if a denial or appeal of the removal and mitigation portion of St. Johns Stormwater Permit is instituted, and shall continue until final resolution of the same. 2 The terms ~md provisiom hereof sh~ b~ ~om~abl~ b~ ~d b~d~g upon ~h~ p~i~ hereto, ~d ~ ~e~P~iw h~ l~g~ ~I~A~ON/~O~ICT ~ ~S: A. ~ modred hereby, ~ p~ies do hereby ra~ ~d co~ the s~d ~o~ Lease, md ~ of ~e te~.~eo~ w~ch sh~ con~ue ~ force md The terms of this Amendment Number Ohe supersede those inconsistent terms contained in the Airport Lease. In the event of a conflict between the terms of this Amendment Number One and the Airport Lease, the provisions of this Amendment Number One shall control: IN W1TI~SS W~REOF, the parties have executed this Amendment the day and year first above written. 'TENANT' CITY. OF SEBASTIAN A municipal corporation By: Terrenoe K. Moore City Manager HOME OF' PELICAN ISLAND DRAFT 2. 3. 4. SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JULY 11, 2001 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Barnes called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. There was a moment of silence. ROLL CALL City Council Present: Mayor Walter Barnes Vice Mayor Ben A. Bishop Mr. Joe Barczyk Mr. Edward J. Majcher, Jr. Mr. James Hill Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Golf Course Director, Greg Gardner Growth Management Director, Tracy Hass Police Chief, James Davis Public Works Director, Terry Hill Records Management Specialist, Jennifer Maxwell Code Enforcement Officer Sue Voyten Regular City Council Meeting July 11, 2001 Page Two DRAFT O1.075 AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon a majodty vote of City Council members (R-99-21) Mayor Barnes suggested moving New Business items E, F and H to item 14. The City Attorney suggested that item G replace Public Hearing item B. City Council concurred with the changes. 6. PROCLAMATIONS, ANNOUNCEMENTS AND/OR PRESENTATIONS None. 7. CiTY A'I-I'ORNEY MATTERS The City Attorney reported on the local option gas tax, stating he had called Indian River County, and would put in one more call to find out what is going on at the state level. He said if unable to ascertain he would file an appeal on Monday. He then requested authorization to attend an environmental Permitting summer school. MOTION by Bishop/Majcher "I make a motion for attorney to attend the what was it Rich, the environmental permitting school next week". ROLL CALL: Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye MOTION CARRIED 5-0 8. CITY MANAGER MATTERS Ao Approval of Revised Interlocal A.~reement between the City of Sebastian and the School District of Indian R. iver..Cp~ntY for Videotaping Services by Sebastian River Hi.qh School Students (City Manager Transmittal 7/2/01, Revised A,qreement) The City Manager briefly described the amended agreement, specifically the hourly rate of $23 for the instructor and $6 for students. MOTION by Majcher/Hill "I make a motion that we approve the revised interlocal agreement between the City and the School District of Indian River County". DRAFT Regular City Council Meeting July 11, 2001 Page Three ROLL CALL: Mr. Bishop - aye Mr. Barczyk - aye Mr, Majcher - aye Mr. Hill - aye Mayor Barnes - aye MOTION CARRIED 5-0 01.167 B. Status of Banner & Kiosk Pro(3ram - Community Graohics, Inc. ('No Backuj~) The City Manager reported that Community Graphics is willing to work with the City on a revised agreement, as requested by City Council at its last meeting, and that he will bring the revised agreement back to a future agenda. C. Other Matters In other matters, he reported on his discussions with Congressman Weldon regarding citizen cable concerns and distributed information from Congressman Weldon and the FCC (see attached). Mr. Barczyk requested that staff check to see if Charter Communications is in compliance with FCC's signal quality standards. The City Attorney stated if a test had not been done in a while, it can be requested but cited the ultimate penalty the City could impose would be to cancel the' franchise and operate its own cable system. 9. CiTY CLERK MATTERS 01.180 A. ]...n..t.r..o.d. uction of Jennifer Maxwell, Records Management Specialist The City Clerk introduced Jennifer Maxwell, Records Management Specialist and showed the Council a photograph of 43 books of minutes representing years 1924 through the present, which were scanned onto one compact disc. 10. CITY COUNCIL MATTERS A. Vice Mayor Bishop None. Mr. Barczvk Encouraged attendance at the Indian River County meeting tomorrow night at 7 pm at Pelican Island Elementary School regarding water assessment phase IIIB and IIIC. He suggested a Blue Ribbon panel be formed made up of local professionals to look into assessments and report back to Council; and recommended the City Attorney approve the members of this panel. Regular City Council Meeting July 1'1,2001 Page Four o Suggested street lights be on during the parade. DRAFT Discussed renaming Fellsmere Road and suggested staff look into changing it either to the city limits or all the way out to 1-95. The City Attorney said he could come back with a recommended panel of 3 to 5 people at the next meeting; and suggested Council give the panel a time frame in which to work to report back on waterline issues. Mr. Majcher asked for a copy of the bond and the City Attorney suggested a resolution to encourage the county's cooperation. Mayor Barnes encouraged public participation. Alita Hirshfeld, asked why this matter was coming forward now when she had been questioning it for several months. Chuck Neuberger suggested a good engineer be placed on the committee. It was the consensus of Council to have staff bring back names for a Blue Ribbon committee. The City Attorney advised that renaming of streets within City limits can be done, but suggested for uniformity sake, that the renaming be contemplated further west to CR510 or 1-95. It was the consensus of City Council to pursue the renaming from 1-95 east. Mayor Barnes requested the item be placed on the next agenda for a specific name. C. Mr. Hill Suggested a staff member attend MPC meetings. Questioned whether the emergency water restriction needs to remain in place and requested the matter be placed on the next agenda. The City Attorney said he would provide a proposed resolution for repeal of the emergency water restriction. Stated the Fourth of July celebration was the best he had seen but said he thought the City intended to have the Yacht Club restrooms completed; and asked how the City could account for violations of time frames in the future. The City Manager reported that penalties can be assumed and he is currently working with the General Services Manager to prevent violations in the future. 4 Regular City Council Meeting July 11,2001 Page Five 01.181 DRAFT 1. Request Attendance bY Cit3, Representa....t. ive at county .Commission Meetin.qs Inquired whether any action had been taken on a representative attending County Commission and MPO meetings. It was suggested that City Council members could take turns and rotate attendance. Mayor Barnes suggested this' begin in August and a schedule be developed, Mr. Bishop suggested the City obtain agenda packets prior to meetings. 01.170 01.171 11. E. Mayor Barnes Submitted a citizen letter of commendation for employees and neighbors who participated in tornado damage clean-up. The City Manager asked for direction on enhancements and improvements for the riverfront expansion site plan to meet grant deadlines. City Council scheduled a workshop on the Riverview Park Expansion property for August 8, 2001, 6:00 p.m. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. A. Approval of 6/27/01 City Council Workshop Meeting Minutes B. Approval of 6/27/01 Regular City Council Meeting Minutes Resolution No. R-01-53 - Vacation of Easement - Ferraro - Lots 1 & 2, Block 225, Sebastian Highlands Unit 6 (Growth Management Transmittal 6/29/01, R-01-53, Site Map, Staff Report, Application, Utility Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, iNDiAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS I AND 2, BLOCK 225, SEBASTIAN HIGHLANDS UNIT 6; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. Resolution No. R-01-54 - Vacation of Easement Raymondo/Pearce Lots 10 & 11, Block 12, Sebastian Highlands Unit 1 (Growth Management Transmittal 6/29/01, R-01-54, Site Map, Staff Report, Application, Utility Letters) A RESOLUTION OFTHE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 10 AND 11, BLOCK 12, SEBASTIAN HIGHLANDS UNIT 1; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. The City Attorney read Resolutions Nos. R-01-53, and R-01-54 by title. MOTION by Bishop/Barczyk "1 move to approve the consent agenda." Regular City Council Meeting July 11,2001 Page Six DRAFT ROLL CALL: Mr. Barczyk Mr. Majcher Mr. Hill Mayor Barnes Mr. Bishop MOTION CARRIED 5-0 - aye - aye - aye - aye - aye TAPE I - SIDE II (7:47 p.m.) 12. PUBLIC HEARING 01.132 A. Second Reading and Public Hearina for Ordinance No. O-01-13 - Regulation of Watercraft on City Waterways ('City Attorney Transmittal 7/5/01. O-01-13) AN ORDINANCE Of THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES SECTION 54-2~7.8 REGULATION OF WA TERCRAFT AND CHAPTER 110 ARTICLE ii WATERCRAFT; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. Mayor Barnes opened the public hearing at 7:47 p.m. and the City Attorney read Ordinance No. O-01-13 by title. The City Attorney noted there was an amendment at the first reading but the amended ordinance had not been provided in the agenda packet. Being no further input, Mayor Barnes closed the public hearing at 7:50 p.m. Mr. Barczyk asked if the spoil islands should be included in section d, and the City Attorney replied that they would fall under police authority. MOTION by Bishop/Majcher "1 move to approve Ordinance No. O-01-13 as amended during the first reading." ROLL CALL: Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye MOTION CARRIED 5-0 6 Regular City Council Meeting July 11,2001 Page Seven DRAFT 01.156 B. 01.156 Second Readin.~ and Public Hearin~ for Ordinance No. O-01-14 - Collectin.q Fees from Communication Service Providers (O-01-14. Florida Lea.que of Cities Information) AN ORDINANCE OF THE CiTY OF SEBASTIAN, FLORIDA, RELATING TO REQUIRING AND COLLECTING PERMIT FEES FROM PROVIDERS OF COMMUNICATIONS SERVICES AND INCREASING THE LOCAL COMMUNICATIONS SERVICES TAX; PROVIDING FOR INTENT; PROViDiNG FOR ELECTION NOT TO REQUIRE AND COLLECT PERMIT FEES; PROVIDING FOR ELECTION TO INCREASE LOCAL COMMUNICATIONS SERVICES TAX; PROVIDING FOR NOTICE TO THE DEPARTMENT OF REVENUE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Mayor Barnes opened the public hearing at 7:52 p.m.; and the City Attorney advised that new legislation allows the City to make selection on how city's receive distribution. He stated Resolution No. R-01-55 does what Ordinance No. O-01-14 would have done and more. He then recommended Council withdraw this ordinance from consideration, MOTION by MajcheflHill "1 would make a motion to withdraw item b under public hearings". ROLL CALL: Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye MOTION CARRIED 5-0 Resolution No. R-O1-55 Adoption of Telecommunications Tax (City Attorney Transmittal 7/3/01, R-01-55) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA RELATING TO REQUIRING AND COLLECTING PERMIT FEES FROM PROVIDERS OF COMMUNICATIONS SERVICES AND ESTABLISHING THE LOCAL COMMUNICATIONS SERVICES TAX RATE; PROVIDING FOR INTENT; PROVIDING FOR NOTICE TO THE DEPARTMENT OF REVENUE; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. The City Attorney read Resolution No, R-01-55 by title and explained that the utilities had requested the state to pass the Telecommunications Service Tax to cut the administrative costs they had previously incurred in paying a multitude of local fees; and in return the state will charge a statewide rate and give back a portion to the municipalities, Mayor Barnes opened the public hearing at 7:52 p.m. Chuck Neuberger asked if each utility would be effected by this tax and the City Attorney stated the legislature excluded the television industry. MOTION by Hill/Majcher "1 move to adopt Resolution R-01-55." Regular City Council Meeting July 11,2001 Page Eight 01.157 C. DRAFT ROLL CALL: Mayor Barnes Mr. Bishop Mr. Barczyk Mr. Majcher Mr. Hill - aye - aye - aye - aye - aye MOTION CARRIED 5-0 Second Reading and Public Hearin,q for Ordinance No. Or01-15 - Recreational Impact Fee (City Attorney Transmittal 713101, O'0! -.,15). AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 74 TO CREATE ARTICLE III RECREATIONAL IMPACT FEES; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. Mayor Barnes opened the public hearing at 8:02 p.m.; and the City Attorney read Ordinance No. O-01-15 by title; advised that the Comprehensive Land Use Plan requires growth impacts be funded by new development; and distributed a Recreational Impact Fee Worksheet (see attached). Pierre Paquette asked if developers will receive a credit for donation of green area and the City Attorney said there is a system of credits. Tut Connelly, concurred with the impact fee. Being no further input, Mayor Barnes closed the public hearing at 8:17 p.m, and City Council input followed relative to balancing the funding among city districts, which the City Manager said will be addressed in future budgets in accordance with the comprehensive plan. The City Attorney advised that remaining funds could be utilized in citywide parks. MOTION by Barczyk/Bishop "1 move to adopt Ordinance No. O-01-15." ROLL CALL: Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye MOTION CARRIED 5-0 Mayor Barnes called recess at 8:25 p.m. and reconvened the meeting at 8:36 p.m. All members were present. DRAFT Regular City Council Meeting July 11,2001 Page Ten 01.172 D. Second Readin,q and Second Public Hearin,q for Ordinance No. O-00-05.-. CLUP Amendment to Industrial (iN) - 14.85 Acres - Gibson Street (Growth Management 'Transmittal 7/2/01, 0-00-05, Application for Comprehensive Land Use Chan~e, Location MaD, Staff Report and P & Z Recommendation) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO INDUSTRIAL USE (IN) FROM LOW-DENSiTY RESIDENTIAL (LD) FOR LAND CONSISTING OF 14.85 ACRES, MORE OR LESS, BEING LOTS 16, 27 AND 28, SECTION 30, FLEMING GRANT; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. Mayor Barnes opened the public hearing at 8:37 p.m.; and the City Attorney read Ordinance No. 0-00-05 by title. The Growth Management Director noted there were substantive issues related to this application which have had to be addressed and discussed several concerns .outlined by Department of Community Affairs, Treasure Coast Regional Planning Council, Departmetn of Transporation and Indian River County as follows: · School siting criteria - he stated language has been incorporated into the Comprehensive plan · Proximity to an active runway - he stated the use will have no impact on the airport · Smoke emissions or fog - he stated the code prevents this · Proximity to scrub habitat - he stated industrial or commercial is preferable to residential habitat neighboring scrub jay habitat, due to landscaping and buffer requirements and that residential pets are detrimental to scrub jays. · Wetlands - he stated retention of run-off is required , Access - he stated the main access is 129 Dale Street which bisects residential corridor and while the County objects to commercial vehicles on the residential corridor, they also oppose additional residential vehicles on this corridor which will be greater than the industrial impact. · impacts to Roseland residents - he stated there are alternate accesses available to reduce traffic concerns. TAPE II - SIDE I (8:45 p.m.) The City Attorney advised City Council on the legal status of the issue, and described access concerns as expressed by Indian River County, whereby they prefer use of 130th Street rather than 12gth which is residential. He further advised that although the County has not disputed the 60 foot right of way parcel that the applicant owns, there has been a federal request for Gibson Street to be vacated through the scrub habitat which would require a permit language change and amendment to the habitat conservation plan. He stated that no application for the abandonment of Gibson Street has been received as yet and the state may sit down with us and work out the access issue. Regular City Council Meeting July 11,2001 Page Ten Carolyn Corum expressed concern about use of the land, possible emissions, and runoff. The Growth Management Director said all development must maintain stormwater on-site, and the City will not allow any high level industry with emissions. He listed the allowed industrial activities from the Land Development Code. Tut Connelly, Sebastian, said this needs more study. C. N. Kirrie, applicant, addressed City Council on the land use change, noting this pristine land was the County dump in the past; reported on the manufacture and use of Styrofoam, which, he stated is not hazardous, the fact that owns a piece of property that will allow access on the west and east end and that future negotiations will put access further to the north to lessen impact to the City. Carolyn Corum asked how the styrofoam will be made and Mr. Kirrie briefly exPlained. The Growth Management Director reminded Council not to focus on this one exclusive use.. Being no further input, Mayor Barnes closed the public hearing at 9:08 p.m. Mayor Barnes asked if the ordinance can be approved without the access issue being settled. The City Attorney said access would be established during site plan approval. Mr. Bishop asked if there was a requirement to send notice to adjacent property owners and the Growth Management Director advised that a display advertisement was placed in accordance with state law, and that noticing will be done for site plan approval. Mr. Hill said he was concerned that this use was not compatible with surrounding uses, would adversely impact residents to the north, and that there was sufficient industrial land within the airport which can be developed. The Growth Management Director stated when this started, there were no plans to develop the airport. Mr. Kirrie addressed Council once again about his current industrial activity in Roseland and current industrial activities adjacent to the subject property. Mr. Bishop expressed concern as to how many industrial uses could go on this site and expressed concern for impact to abutting residences. TAPE II ~ SIDE I/(9:31 p.m.) 10 Regular City Council Meeting July 11,2001 Page Eleven DRAFT Mayor Barnes expressed asked about building coverage and the Growth Management Director said there could be 50% impervious surface in industrial. Fred Mensing, adjacent residential property owner, addressed Council, noting this use should be industrial or commercial rather than residential because of the flight path and truck traffic, Mr. Barczyk stated that when this matter began there was commercial property where the conservation area now exists and Mr. Kirrie was correct in requesting industrial property. MOTION by Hill/Bishop "1 move to reject Ordinance No. O-00-05." Mr. Kirrie again addressed Council, describing former industrial use adjacent to the area. The City Attorney stated the legal ramifications would be that if there is a finding of non- compliance by the Department of Community Affairs, the City would negotiate, withdraw or go through administrative hearing. ROLL CALL: Mr. Barczyk - nay Mr. Majcher - nay Mr. Hill - aye Mayor Barnes - nay Mr. Bishop - nay MOTION FAILED 1-4 MOTION by Bishop/ "1 would like to make a discussion, a motion to defer action until the access issue is resolved." The City Attorney advised that it be deferred to August 22"d and Mr. Bishop amended his motion "to defer action until August 22nd". At this time Mayor Barnes seconded the motion for discussion. ROLL CALL: Mr. Majcher - nay Mr. Hill - nay Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - nay MOTION FAILED 2-3 MOTION by Majcher/Barczyk "1 make a motion to approve agenda item number 01-172". City Attorney asked Mr. Majcher to name the ordinance number. "1 make a motion to approve Ordinance No. O-00-05." 11 DRAFT Regular City Council Meeting July 11, 2001 Page Twelve 01.177 13. 14. ROLL CALL: Mr. Hill Mayor Barnes Mr. Bishop Mr. Barczyk Mr. Majcher - nay - aye - nay - aye - aye MOTION CARRIED 3-2 INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not Otherwise on the agenda - sign-up required- limit of ten minutes for each speaker Sal Neglia, Sebastian, questioned how Code Enforcement personnel can do code enforcement work only part of the week and do their duty. Tut Connelly, Sebastian, discussed the proposed kiosk program, and use of out of state companies; praised this year's 4th of July celebration; suggested St. Johns River Water Management District look into a monitoring well before restrictions are eased. COMMITTEE REPORTS/RECOMMENDATIONS Resolution No. R-01-51 Abandonin.g .20' X 50' Lon.q Alley off Jackson Street (Growth Mana.clement Transmitta!.6!.29/01, R-01-51, Location MaD, Leaal Descril3tion) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, ABANDONING RIGHT-OF-WAY FOP, AN ALLEY OFF JACKSON STREET IN OCEAN HEIGHTS SUBDIVISION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROViDiNG FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-01-51 by title and the Growth Management Director gave a brief presentation. MOTION by Bishop/Barczyk "1 move to approve the abandonment, I'm sorry Resolution No. R-01~51." ROLL CALL: Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye MOTION CARRIED 5-0 Regular City Council Meeting July 11, 2001 Page Thirteen 01.178 F. 01.057 H. DRAFT Resolution No. R-01-52 Abandoning Portion of Indian River Drive Right-of-Way (Growth Management Transmittal 6/29/01 ,R-01-52, Location M. ap) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA ABANDONING A PORTION OF RIGHT OF WAY FOR INDIAN RIVER DRIVE IN SECTIONS EXCEEDING THE STANDARD WIDTH OF SIXTY-SIX FEET; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-01-52 by title; and the Growth Management Director gave a brief presentation, stating this would be consistent with the corridor and responded to Council concerns, Carolyn Corum, Dolores Street, Sebastian, expressed concern for giving up any area within the Riverfront and the Growth Management Director noted there are buried utilities along the right-of-way. MOTION by Bishop/Hill "1 would move to approve Resolution R-01-52." ROLL CALL: Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye MOTION CARRIED 5-0 Resolution No. R-01-56 Adoption of a Preliminary Stormwater Utility......Rate (City Attorney Transmittal 7/3/01, R-01-56) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA SETTING A PRELIMINARY STORMWATER UTILITY RATE FOR PURPOSES OF PUBLIC NOTICE; PROVIDING FOR NOTICE TO THE PROPERTY APPRAISER; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-01-56 by title and stated formal approval is not a legal requirement, but a preliminary rate must be submitted by July 24th for the TRIM notice. Warren Dill, representing Henry Fischer and Sons, said this issue deserves more public input prior to decisions being made. TAPE III ~ SIDE I (10:18 p.m.) 13 DRAFT Regular City Council Meeting July 11,2001 Page Fourteen Mr. Dill continued his presentation and asked that Council defer the matter until it can get more information on it. Tut Connelly recommended Council take its time and get it right. Baxter Coston, Sebastian, asked if the rate was approved would his tax be $48 higher next year and if so, how could he be taxed for something that does not exist. The City Attorney explained the stormwater utility concept as allowed by state law. MOTION by Bishop/Barczyk "1 make a motion to extend the meeting to '1 l'oclock." ROLL CALL: Mr. Barczyk ~ aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye MOTION CARRIED 5-0 The City Attorney said the $48 will be a separate charge and not included in ad valorem taxes, and the City's millage will, in fact, be reduced for the third consecutive year. He further advised that the Council's action tonight is merely to establish a preliminary assessment for the TRIM notice. The City Attorney then explained that although this may seem like a wash, the state requires that the city must have a dedicated revenue source to seek grants for its stormwater problems. He stated this matter will be heard several more times before final approval is given. Charles Stachel, 1698 Coral Reef Street, Sebastian, asked what an unimproved lot will cost and the City Attorney said a formula would be established to determine how much unimproved lots contribute to stormwater. Alita Hirshfeld, Sebastian, questioned the inclusion of easements in the area considered for the assessment. Dr. Henry Fischer said residents had not been adequately informed of this proposed tax, and noted people in private subdivisions have already paid for stormwater. The City Attorney reiterated that there will be credits, which is not the case at this time, since ad valorem taxes are paying for stormwater improvements. Pierre Paquette, Palm Lake Club, said he provides stormwater maintenance to residents in his subdivision and that it would be unfair to tax those residents again. ]4 Regular City Council Meeting July 11,2001 Page Fifteen DRAFT 01.173 15. 01.111 01.169 16. 01.174 01.083 01.175 01.176 Alita Hirshfeld said 'if she had to pay $4 a month for stormwater everyone should have to pay it. Warren Dill again addressed Council on the lack of details presented to residents and requested the item be postponed. Sal Neglia, Sebastian, recommended waiting a year. Chuck Neuberger, asked who will make up the difference for people who will get credits. Mr. Bishop expressed concern for questions by the residents and lack of information. At 11:00 p.m. Mayor Barnes adjourned the meeting. The following items will be placed on the July 18, 2001 meeting. (Subsequent to the meeting closing, Mayor Barnes called a specia/ meeting for July18, 2001 at 7pm to complete the items) A. City of Sebastian Board Review (Synopsis of Boards) OLD BUSINESS A. Clocktower Locations (Photos previously submitted) B. Service Organizations Sign in Riverview Park (List of Organizations) NEW BUSINESS A. Authorize International Biohazard Services, Inc. to Clean Residence at 962 Evernia Street (Police Dept. Transmittal 7/12/01, Bid Quotes, Sanitary Survey by FL Dept. of Health) B. Approve Sole Source Purchase of Three Decatur Gemini In-car Video Systems from the Law Enforcement Supply Co. In the Amount of $11,085.00 (Police Dept. Transmittal 7/3/01) C. Approve Golf Course Range Netting Contract to Low Bidder, Asplundh Construction Corp. in the amount of $78,910.42 (Golf Course Transmittal 6/28/01, Price Quotes/Bids from Range Netting Vendors, Technical Specifications and Scope of Work of Project) D. Resolution No. R-01-50 - Repealing Resolution No. R-98-02 - Adoption of LDC Application Fees (Growth Management Transmittal 6/29/01, R-01-50 with Attached Exhibit A, Fee Comparisons) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, ADOPTING LAND DEVELOPMENTAPPLICATION FEES; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE, Regular Council Meeting July 11, 2001 Page 16 01.179 I. DRAFT First Reading for Ordinance No. O-01-17 Amending LDC to Ban Operation of Large-Scale Free-Standing Mulching Machines, Schedule Public Hearing for 8/8/01(City Attorney Transmittal 713101, O-01-17) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES TO CREATE SECTION 50-54 CERTAIN MULCH MACHINES PROHIBITED; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE, Approved at the ........ ,2001 Regular City Council Meeting. Walter Barnes Mayor Sally A, Maio City Clerk CONGRESSMAN DAVE WELDON 2725 Judge Fran Jamieson Way Building C Melbourne, FL 32940 (321)632-1776 (321)639-8595 fax www. house.gcw/weJd~n Fax Transmission Sent From: Ryan Morrlson Press Assistant/Deputy Scheduler ryan.rnorrlsonOmail.house.gov Sent To: Name: Terrence Moore, Cit3/Manager Company; City of Sebastian Number of Pages: (including thts page) 7 Fax# 561-581-0I'49 Date Sent: 7/10/01 Comments: Terrsnc% Attached is a letter.and information that should assist you regarding the cable signal quality complaints. Please call me or Para GIIlespie if you have any questions. Ryan Morrison July 10, 2001 Mr, Terronce Moore, City Managgr City of Sebastian 1225 Main St. Sebastian, FL 3295g DAVE WELDON SCIENCE FINANCIAL $ERVICE$ GOVERNMENT REFORm1 . De~r Mr. Moor~: Thank you for-contacting my office to obtain background in reference to a letter to the edt,tot by Hole. aa Hayes in today's Veto Beach Press Journal. Mrs. Hayes writes about the customer service and signal quality provided by her local cable system operator and eacourages constituents to write to me about looking into this matter. Although rights to privacy would pnmlude me from di~u~sing any ~ci.fi.c ca~es wt~ you, I ca~ inform you that I have received only erie complaint regarding this matter fi-om Sebastian resktents. I contacted the FCC for iz~ormatJ, on ired have ericlosed it for your r~ew. As stated by thc FCC, complaints r~garding the signal quality ~&outd be initially addressed directly to the cable operator. If the cable operator fails to mmlve a si~nsl quality eomplai-t, then the subscriber should contact the lo=~I trussing authority. I would encourage you to work with the oable operator and the lo*al franchising authority to. resolve this or any other oomphint attached "Cable TV Fact Sh~t")0 As your Congressman for tl~ 15th Di~Crlct, it i~ an honor to serve you, Ifi.mm b, of further assist~aoe in this matt~ or an.y other federal matter, please don't hesitate to contact me. With my regards and best wishes, I remain, $fno0rely, DAVE WELDON Member of Congress Enclosures Printed onRe~/~edPaper Smpt~mbar 1997 TE ION FACT SL $CRIBER SIGNAL QUALITY STANDAR S /~ Y~. Thru FCC has I~lmui~at quali~ immiards that deflr~ a basic qualky of se. rvk:m which ~a~bl~ subscribm, m ~ ~RiXl~ to r~:~iv~, high ~uuugh in quality to Brovsoe enjoy'~le viewing wi& baraly po~eptibi~ ~~, · is a problem with the cnble signal deliveFed to my hom~- What is my ~ step? A; Cornplniut~ regarding signal qLmlity should be Fef=rred diF~tly m the mable The FCC's rules t"oq~ire crabbe operators ~ ha~ in, plac~ n proce~ to rnsotv~ complaints on signil quality. Openttot3 must a~so noti~ subsc~ber~ of th~h- c~np~nt resoiut~n ~ ~t lea~t onc~..per y~ar. tim c~ble oper~or ires not rusoJyed n~y slpMl quml~7 A: ¥o~ shouM c~mu:t,you~ local f~'m:hisinl~ amhofi~,, whiah is the l~al cl~, ~m~ or oth~ Soyemmont ot~ntntion that ~ your cable ~vision se~.ic:e. The FCC's likely ~ imm h~ilinF wi~h ~ ~ op~ufion ami pLt~ TI~ rulm ar~ also avallabl~ to A: Ye~, Th~ FCC requk~s cmble opera, u~ m dedJvn- closad~ dam, Jnn~ a~ ~ im neeiv~d at th~ ~¢r~,m.s headond. This allow~ heannB-mtl:mb, ed subscrbe~ who hav~ FEDERAL COMMUNICATIONS COMMISSION September 1998 CABLE TELEVISION FACT SHEET CUSTOMER SERVICE STANDARDS l~u~ to the [992 Cable ACt, fl~ Commission adopted federal sumdards aimed at improving ~ ~ of ~~ ~ce ~~ by ~abl¢ ~~, AI~ou~ ~ s~s w~ ~'by ~ FCC, l~at ~is~ ao~ofit~s ~ c~ed wi~ ~fo~ ·em, F~nc~se a~ofifies may Eso ad~t s~ or addido~l s~ wi~ ~c c~t of ~ cable o~tOr ~ ~gh end. em of a ~m or municip~ hw. S~t~ ~ble sys~s (tho~ wi~ I,~ or f~er ~bs~) am encoumg~ to seek waive~ of ~e ~s ~ ~1~ ~ t~ ~~. ~ f~ ~ ~ ~ of fo~ ~jor a~s ~ ~i~ ~low. Office Hours and Televhone Availabil~ 'The federal guidelines reoommend that each cable system maintain a local, toil-free or collect call telephone line for lllking customer's calls, This linc must be available 24 hours a day, 7 days a week. Durin~ normal business hours, company representatives must be available to r~pond m customer inquiries. After normal business hours, the cable system may use an answerin/sen, ice or machim. ^ uained company representative must re,pond to inquirm received af-,~r normal business hours on the next busings day. Normal business hours are thc hours durin~ which most similar businesses in the communi~ are open to serve customers, Th~se hours must include son~ evening hours at least one niEht per wc~k and/or some weekend hours. Accordff~ to the fedexal l~idcL/nes, a ~ w a ~ble sys~m m~t ~ ~~ -- imhd~ ~ ~ ~y ~t ex~ 30 ~n~. ~se s~~ m~ ~ met at '1~ ~ ~ of ~e, m~u~ q~ly, under 'n~ ~~g ~fiom.~ Al~ ~er ~fl o~~ co. iota. ~ble ~s~ c~~ ~y ~ve a b~y si~ no mom ~ ~ pc~t of ~ t~e, No~al o~m~i~ c~i~om am ~o~ which ~ wt~n ~ c~l of cable ~r. ~e ~Mitiom i~l~ ~ ~m~m ~ ~ sys~ ma~~ ~ upset, ~l do nm i~lude ~m~ d~, civE di~~, ~w~ oum~es, ~elcpho~ ~ork oumses ~d ~ or ~ w~r co~ifiom. The opera,or is not tequir~ to use special, equtpmcm m measure mlcphone answ~in~ and hold time, accordin~ to the federal standards. However, if complaints indicaxe that a cable system is failmg to comply with these szanda~s, ate local franchising autho~, ma)' requir~ it to 'acquire equipment or 1o. conduct surveys to measure compliance. Otherwise, cable systen~ must uae their be$! effor~ to documcat compliance. The sta~a~_n~ r~co~ that each cable system's customer r, er~¢e center and bill payment locations bc conveniently loca'~d and open a~ least during normal busi~ss hours. However. ~he czb{e system m~y use an a~ent, such as n bank, to receive bill payments during and after normal business hours. Instal~fio~ Oumecsand ~erviee ,C~lts Sumdard installations -- whi~ are tho~ located up to 125 fee~ from the existing distribution system -- must b~ performed wiflflu scve~ days after an order has been placed, Bxcep~ durin~ c~difionm beyund i~s con~l, ~ ~ble ~mr must ~{m worki~ on a se~ice t~pfl~ ~ later ~ 24 h~ n~ bc~g ~tifl~ of ~ probit. A ~i~ in~pflon. ~ ~d if picm~ or s~ ~ ~ ~ more c~ ~s ~ 1~. The cable operator must bec, in to ~orre~ other service problems the next bu~neas day after learning of them. Under the federal gu~ei~, cable operators may ~ule ap~in~ f~ i~~ ~d o~ so. ice c~is et~r ~ ~ ~ific ti~ or, a~ a max~, d~ a f~r-h~r t~ bt~k dud~ no~] ~~ bo~s. ~ble ~~ ~y ~so ~dulc ~ ~llm ou~e of no~ ~uss h~rs for ~ conve~ of ~ ~r. A cable opera,or may eot ~ncel an aPPoinumem with a customer after the close of business on ~ business day prior ~ the scheduled appoimment, tf the cable installer or ~ is nmnin~ la~e and w~ll not meet ~he specified appointment time, he or she must ~ct c~sromer az~ rcschedu]e the appoh~ment st the convenieace of the ~ber. Howev~, this later contact will not ~ the missed appoinnnem. The federal mndards concemin~ installations, outag~ and service calls must b~ met under r~n-m~ c~erntMg co~ifions at least 95 ~'rc~, of thc th~, ~ c~ly, Billi~_ Practices ~ days advance notice (in wrkinll and lhrough announcements on the cable system) must be givert to sul:~ribers of any changes in farm, programming s~rvic~ or channel positions, if fl~e charge is within the. couxrol of the cable cgemtor. The ~videl/nes squire cable system bills ~o be ckrar, concise and tradeable, with full immization of services and char~es. The bill should indicate charges for basic and premium service, any exfoipmen~ abar~es, and a summary of all acfivi~ durlnl ~ billin~ period, inctudir~ optional charges, rebates and credits. Cabi~ operators should respon~ to wrJ~n ~umplainls about billing mattm~ within 30 days. DRAFT HOME OF PEUCAN ISLAND SPECIAL MEETING SEBASTIAN CITY COUNCIL MINUTES WEDNESDAY, JULY 18, 2001 - 7:00 P.M. CITY COUNCIL CHAMBERS '1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Barnes called the Special Meeting to order at 7:00 pm. The Pledge of Allegiance was recited. ROLL CALL City Council Present: Mayor Walter Barnes Vice Mayor Ben A. Bishop Mr. Joe Barczyk Mr. Edward J. Majcher, Jr. Mr. James Hill Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Finance Director, Mark Mason Golf Course Director, Greg Gardner Police Chief, James Davis Public Works Director, Terry Hill Police/Code Enforcement Officer, Dennis Hovasse Special City Council' Meeting July 18, 2001 Page Two DRAFT SPECIAL MEETING ITEMS (The following are those items not completed at the July 11, 2001 Regular Meeting) Mayor Barnes noted that City Council had completed input and deliberation on Resolution No. R-01-56 when time ran out at the July 11, 2001 meeting, and needed only to make a motion at this time. 01.057 Resolution No. R-01-56 Adoption of a Preliminarv Stormwater Utility Rate (City Attorney Tra..n.smittal 7/3/01, R-01-56) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA SETTING A PRELIMINARY STORMWATER UTILITY RATE FOR PURPOSES OF PUBLIC NOTICE; PROVIDING FOR NOTICE TO THE PROPERTY APPRAISER; PROVIDING FOR AN EFFECTIVE DATE, MOTION by Hill/Majcher "1 move approval of motion to approve Resolution NO, R-01-56." City Council discussion followed on the fact that this is merely a step in the process and does not constitute final approval. Staff was urged to educate the public on this issue, and the City Manager said it was his intention to schedule a public workshop at the north county library with consultants Camp, Dresser and McKee in attendance. The City Attorney said the master plan is due to be completed by December 2002. The City Attorney said Florida Statutes requires notice to every taxpayer 30 days prior to the final assessment hearing, and that this preliminary assessment is included in that notice as a cap that cannot be exceeded. The City Attorney recommended that the final hearing be pushed back to September 25, 2001. Mr. Hill amended his motion to change the final public hearing to September 26th and Mr. Majcher seconded the amendment. ROLL CALL: (On the amendment to change the final public hearing to September 26th) Mayor Barnes ~ aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye MOTION CARRIED 5-0 ROLL CALL: (On the main motion) Mr. Bishop Mr. Barczyk Mr. Majcher Mr. Hill Mayor Barnes - aye - aye - aye - aye - aye MOTION CARRIED 5-0 Special City Council Meeting July 18, 2001 Page Three DRAFT 01.174 A. 01.083 Authorize International Biohazard Services, Inc. t.0... Clean Residence at 962 Evernia Street (Police Dept, Transmittal 7/12/01 ,.....Bid Quotes, Sanitary Survey.by FL Dept. of Health.). Police Chief Davis and Officer Dennis Hovasse addressed City Council on this matter that was brought to the department's attention as a nuisance call, specifically concerns about vermin in the neighborhood from this residence. Chief Davis said a social agency has committed to assisting the homeowner to return to the residence once it is desanitized and to help keep it clean. The City Manager said a lien could be placed on the residence and the City Attorney noted FS Chapter 66 provides for nuisance abatement by this method. Officer Hovasse said many agencies were called for assistance to no avail. MOTION by Hill/Majcher "1 move to authorize International Biohazard Services, Inc. to clean the residence." ROLL CALL: Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes ~ aye Mr. Bishop - aye MOTION CARRIED 5-0 Apj3rove Sole Source Purchase of Three Decatur Gemini In-car Video Systems from the Law Enforcement Supp. J.y CO. In the Amount o.f...$11,085.00 (Police Dep..t:....Transmitta! 7/3/01 ) Chief Davis reported that funds for this purchase come from forfeiture funds, MOTION by Bishop/Barczyk "1 move to approve or authorize the above video systems from the Law Enforcement or purchase of the video systems from Law Enforcement Supply Co. in the amount of $11,085.00." ROLL CALL: Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk ~ aye MOTION CARRIED 5-0 Special City Council Meeting July 18, 2001 Page Four D AFT 01.175 C. Approve Golf Course Range Nettin.ct Contract to Low Bidder, Asplundh ..C~nstruction Corp. in th_..e....a.mount of $78,910.42 ('Golf Course Transmittal 6/28/01, Price Quotes/Bids from Range N...e..ttin.q Venders, Technical ,Specifications and Sc.o..p.e. of Work of Project) The Golf Course Director briefly described the need for, timing and safety aspect of this purchase. Charles Stachel, Coral Reef Street, Sebastian, asked if relocating the driving range to the west of the first tee had been considered. The Golf Course Director said that property is Collier Club. Louise Kautenberg, suggested a user fee for the netting. The Golf Course Director said only Golf Course funds will be used. Betsy Connelly asked if the netting would be damaged in a storm. The Golf Course Director said the netting would withstand hurricane force winds. TAPE I. SIDE II (7:47 p.m.) Chuck Neuberger, Sebastian, recommended shifting the first fairway and the driving range to protect the pristine view from the clubhouse. The Golf Course Director said without redesigning the golf course there is no other area to place the net; said there is a ten year guarantee on all materials, and as a courtesy the vendor will come back in six months to check it; and that since he has been there four people have been hit by balls bouncing on the ground and then hitting them. The City Attorney said signed releases are no guarantee against lawsuits, however, the net would improve the City's position. MOTION by Hill/Majcher "1 move to award Sebastian Golf Course range netting contract to Iow bidder, now you pronounce that for me Greg, Asplundh Construction Corp. in the amount of $78,910.42 and authorize staff to execute an agreement for same." ROLL CALL: Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye MOTION CARRIED 5-0 Special City Council Meeting July 18, 2001 Page Five 01.176 D. 01.179 Resolution No. R-01-50- Repe..aling Resolution No. R-98-02 -Adoption of LDC .Ap. pJ.ica, tion Fees (Growth Mana,qement Transmittal 6/29/01, R-01-50 with Attached Exhibit A, Fee Comparisons) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, ADOPTING LAND DEVELOPMENT APPLICATION FEES; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-01-50 by title only, and briefly explained the need for fee increases to cover City administrative costs. MOTION by Bishop/Barczyk "1 move to adopt Resolution No. R-01-50" ROLL CALL: Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill ~ aye MOTION CARRIED 5-0 First Readin~ for Ordinance No. O-01-17 Amending LDC to Ban Operation of Large-Scale Free-Standin.~ Mulchin~ Machines, Schedule Public Hearino for 8/8/01 ('City Attorney Transmittal 7/3/01, O-01-17~ AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES TO CREATE SECTION 50-54 CERTAIN MULCH MACHINES PROHIBITED; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. The City Attorney read Ordinance No. O-01-17 by title. MOTION by Barczyk/Hill "1 move to pass Ordinance No. O-01-17 on first reading and schedule public hearing for August 8th, year 2001 ." ROLL CALL: Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye MOTION CARRIED 5-0 Special City Council Meeting July 18, 2001 Page Six 01.111 G. Clocktower Locations (Photos previously submitted) Betsy Connelly, Sebastian, read a letter from Tut Connelly, objecting to the Main Street and Indian River Drive location. Louise Kautenberg, Sebastian, stated that the audience should remember that the clock is not about what time it is but to "take some time" to put it where ever the Council desires. The City Manager gave a brief presentation. Mayor Barnes - anywhere but not Main and IR Drive Mr. Bishop - southeast corner of CAVCORP property - new Mr. Barczyk - 512 location #3 Mr. Majcher - #3 Mr. Hill - Main Street at Indian River Drive - #2 at end of Main Street MOTION by Hill/ "I would make a move to place the clock at location #2, at the end of Main Street" MOTION died for lack of a second. MOTION by Bishop/Barnes "1 make a motion to place the clock at location #4" The new fl.4, the northern side of Fellsmere Road, slightly west of Indian River Drive on CAVCORP property. ROLL CALL: Mr. Barczyk - nay Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye MOTION CARRIED 4-1 (Barczyk ~nay) 01.169 H. Service Or.qanizations Si.qn in Riverview Park (List of Organizations) The City Manager said it had been discovered that the now defunct Pilot Club had placed the sign in Riverview Park many years ago. Mr. Barczyk said he had received citizen complaints about the condition of the sign and recommended the sign be standardized, turned over to another service organization for renewal in accordance with city codes and standards, or be removed. City Council discussion followed. Charles Stachel, Coral Reef Street, Sebastian, suggested utilizing the base of the clock for locating service organization signs artistically. Special City Council Meeting July 18, 2001 Page Seven Mayor Barnes suggested the sign be removed and then let the organizations come forward if they wish to install another sign that complies with the City's codes. MOTION by Hill/Barczyk "1 move that we have that sign removed from the park." ROLL CALL: Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye MOTION CARRIED 5-0 01.173 I. City.0f.Sffb. astian Board Review ('SynoPsiS of Bqards) Jayne Barczyk, Chairperson, Code Enforcement Board, urged that this board be retained and utilized. Board of Adiustment - There was a consensus of City Council to have staff bring the repeal of this board from the Land Development Code to Planning and Zoning. This item will come back in the form of an ordinance to City Council for final approval. The City Attorney noted that staff will be coming forward with request for approval of an Architectural Review Board. TAPE II - SIDE I (8:35 p,m.) Cemetery com. mittee - There was a consensus to dissolve the Cemetery Committee. The City Attorney said he would do so by resolution. Charter Review Committee - There was a consensus to keep as is. Citizens Advisory Task Force - Will remain in place until Louisiana block grant is completed. Budget Review Advisory Board - There was a consensus to keep as is Code Enforcement Board - There was a consensus to keep as is for now and they will meet when hearings are scheduled. Construction Board - There was a consensus to keep as is. Handicapped Self-Evaluation Committee - The City Manager noted this has become an administrative function and the City Attorney will repeal by resolution. Special City Council Meeting July 18, 2001 Page Eight Plannin.q and Zonin.q Commission - There was a consensus to keep as is. Police Retirement Board of Trustees - There was a consensus to keep as is. Recreational Advisory Board - Following some discussion it was the consensus of Council to review documents relative to a proposed countywide recreation committee or district which was never enacted and then place an item on a future agenda for discussion of pursuing that or a revised city recreation committee. Tree Advisory Board - Staff suggested changing terms to 3 years like other boards and to remove specific membership requirements. This will come back in the form of an ordinance. Mayor Barnes said contractors have requested that the effective date of Ordinance No. O-01-15, recreation impact fee, be moved up from August l't to September or October l"t. The City Attorney advised, since this is the first meeting following adoption of the ordinance, Council could make a motion to reconsider the ordinance and the ordinance could be advertised for the next agenda. The City Attorney recommended, if City Council was going to reconsider the ordinance, the extension be only to September l't MOTION by Bishop/Hill "I'd so move then to make a motion to reconsider." ROLL CALL: Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - nay MOTION CARRIED 4-1 (Majcher- nay) Mayor Barnes requested any suggestions for the property proposed for sale behind City Hall be forwarded to the City Manager. 5. Being no further business, Mayor Barnes adjourned the Special Meeting at 9:05 p.m. Approved at the ............... ,2001 Regular City Council Meeting. Walter Barnes Mayor Sally A. Maio City Clerk ~itY of Sebastian, Florida Subject: Contract Renewal with B & T Sod Co. Agenda No. 01.186 Department Origin: Date Submitted: July 12, 2001 For Agenda of.' July 25, 2001 Exhibits: None EXPENDITURE REQUll~D: N/A AMOUNT AVAILABLE: N/A APPROPRIATION REQUIRED: N/A SUMMARY B & T Sod Company provides the City with certain sod on an as needed basis for various Public Works projects throughout the year. Our current contract with B & T Sod & Landscaping has expired. The Contract "Term" provides for renewal in one (I) year increments for an additional two (2) years. Staff is very satisfied with the work B & T Sod has provided in the past. Both Staff & Contractor wish to renew this contract for one additional year (as provided for in the existing contract) past the experation date of the existing contract, RECOMMENDED ACTION Move to renew the Sod Contract with B & T Sod for one (I) additional year per above summary. Ci,ty of Sebastian, Florida Subject: Use of Riverview Park for Pelican island Wildlife Festival ~1 Approved for Su~lmigtal by: // '~n'i~e Mom~'Ci~M~ager Agenda No. 01.0 6 9 Department Origin: P/arks Sgpt. Chris McCarthy , C.~.~'<~-~ Dept. Head. Finance: Procurement: Date Submitted: For Agenda of.' 07/17/2001 07/25//2001 Exhibits: Memo from Pelican Island Preservation Society EXPENDITURE BUDGET AVAILABLE: APPROPRIATION REQUIRED: N/A N/A REQUIRED: N/A SUMMARY The Pelican Island Preservation Society (PIPS) would like the Council's approval to use Riverview Park for the Pelican Island Wildlife Festival to be held on Sunday, March 10, 2002 from 10 AM to 4 PM. The attached memo from PIPS outlines some of the activities scheduled. I have met with Ruth Davies who is the contact person for PIPS for the festival and we discussed the appropriate fees for this Special Event. If Council approves this request all fees will be paid. I will meet with representatives from PIPS to handle any other logistics that are needed. RECOMMENDED ACTION Move to approve Pelican Island Preservation Society request to use Riverview Park for the Pelican Island Wildlife Festival on Sunday, March 10, 2002 from 10 AM to 4 PM. July 11, 2001 Mr. Terrence Moore City Manager City of Sebastian 1225 Main Street Sebastian, FL 32958 REF: PELICAN ISLAND WILDLIFE FESTIVAL SUNDAY, MARCH 10, 2002 Dear Mr. Moore: We are hereby requesting the use of Riverview Park for the next Pelican Island Wildlife Festival scheduled for Sunday, March 10, 2002. We have completed the park use permit application and given same to Chris McCarthy. Our Wildlife Festival is scheduled for the hours 10 am to 4 pm and we include an hOur extra time for set up and dismantling exhibits and booths. As usual, our focus will be on educational programs for adults and children, featuring non-profit environmental exhibits and programs, special children's activities and programs and exhibits by national wildlife refuges from around Florida. The Sebastian Police Department officers on hand for the festival this past March 11th estimated attendance to be in the 7,000 range. It is difficult to estimate attendance at such an outdoor event, bu~' that seemed like a reasonable estimate to us. We look forward to working with the City of Sebastian for next year's Wildlife Festival. Feel free to give me a call if you have any questions or concerns about our event,' (589-3687). Thank you for your attention to this request. Sincerely,/~.. Ruth Davies, Board Member PELICAN ISLAND PRESERVATION' SOCIETY (PIPS) cc: Paul Tritaik, Refuge Manager, Pelican Island NWR Walt Stieglitz, president, PIPS ~Chris McCarthy, Parks Department Me I00~ Annive~a~ of ~an I$~nd N~tional Wil~ Re,ge and He Na~nel Wildlife Re,ge $~m will be ob~e~ed he~ in Sebastian ~e week of Ma~h 14. 2003. ~ is YOUR National Wildlife Re.ge S~m - come he~ us ce~b~ ~ Ma~h. 20~. City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: Accept Local Law Enforcement Block Grant Approve~l for Submittal by: City Manager  x ,h, ibits: Puncher Mem,~, Grant P~ges ..... Expenditure Required: Amount(Remaining) Budgeted: Agenda No. 01,083 Department Origin: .City Manager Date Submitted: 7/19/01 For Agenda of: 7/25/01 Appropriation Required: SUMMARY STATEMENT City Council, at its June 27, 2001 Regular Meeting, adopted Resolution R-01-47 authorizing submission of a Department of Justice Local Law Enforcement Block Grant Program (LLEBG) application. The Police Department has been notified that the grant in the amount of $10,906.00 was approved by the Bureau of Justice Assistance. RECOMMENDED ACTION Move to accept the Local Law Enforcement Block Grant in the amount of $10,906.00 and authorize the City Manager to notify the Bureau of Justice Assistance of the acceptance. P, ECEIVEI~ ¢;IT¥ OF SEIIASTIAN ¢~FFIOD tt'F CITY CLEt~K JUL 16 PFt 2 27 Memorandum July l3,2001 To: Sally Mayo, City Clerk From: David Puscher, Uniform Division Commander Subject: Council Agenda Please place the appropriate paper work necessary for council to accept the attached Grant approval on the July 25 agenda. I have attached some of the Grant pages for information. Council approved the application for the Grant at the June 27 meeting. Application was made and approval and the award of the Grant was approved by the Bureau of Justice Assistance (BJA). We now need the council to accept the grant. We have 45 days to accept and 90 days to draw down the funds from the time of BJA approval. Grant amount $10,906.00 Matching funds $1,212.00 Thanks Hard copies will be sent via inter office mail. David. Puscher'~ From: Sent: To: Subject: ojp@ojp.usdoj.gov Tuesday, July 10, 2001 5:00 AM TMoore@ CityofSebastian.org; DPuscher@CityofSebastian.org Award Approval Notification. [Award No. 2001-LB-BX-1473] Congratulations! Your Award for the FY 2001 Local Law Enforcement Block Grants (LLEBG) Program has been approved by the Bureau of Justice Assistance (BJA). You have 45 calendar days from the date on your Award to review and accept this Award. Ail Awards not accepted within this 45 day period will be deobligated and funds will be redistributed among FY 2002 eligible applicants during the next LLEBG funding cycle. To accept your award, go to http://grants.ojp.usdoj.gov:8003/gms/plsql/llebg_login.llebg_main and log on using your user id and password. You have 90 calendar days from the date on your Award to submit your Request for Drawdown. Any funds not drawn down within this 90 day period will be deobligated and funds will be redistributed among FY 2002 eligible applicants during the next LLEBG funding cycle. Again, please do not reply directly to this message as your reply will not reach us. David Puscher From: Sent: To: Subject: ojp@ojp.usdoj,gov Monday, July 02, 2001 10:44 AM DPuscher@CityofSebastian.org FY 2001 LLEBG Application (9197) Approved. Your Application for the FY 2001 LLEBG Program has been approved by the Bureau of Justice Assistance (BJA).You will be notified via email when your official award documents are posted and are ready for you to accept on-line through this system. (Please Note: if you respond to this email do not change the subject line, thank you)  FY 200~ Local Law Enforcement Block Grants FI~'~,~j. Program _ Sebastian City, FL Application Award RFD 'Grant Chang.e..s Reports Correspondence to ... ~ Grant Handbook Award and Match Overview CEO Information Pr_rg_gram Contac2t_ Information Certifications Award and Match Submit Application Decline Funds Helo/Frequenflv Asked Questions LLEBG Home Log-Off The following is the summary information for the total amount of LLEBG funds for which you are applying: Eligible Award Amount Your jurisdiction's Eligible Award Amount, not including PSOHB compliance status, is reflected in this figure. $10,906 Final Award Amount The Final Award Amount shown below includes the adjustments to your eligible award amount due to the PSOHB compliance status of your jurisdiction. $10,906 Match Amount The LLEBG Program requires a 10 percent cash match, calculated as one-ninth of the Final Award Amount, with no waiver provision (except for American Samoa, Guam, Northern Mariana Islands, and U.S. Virgin Islands). Federal funds may not exceed 90 percent of total program costs. Your match amount has been automatically calculated based on the Final Award Amount. $1,212 Matchin~l Funds Code M1-State and Local Government Units https://grants~j~usd~j~g~v:8~4/grr~-mer/p~sq~ebgJ2k~gen-award-am~nt-s~r?p-bgid=3 6/29/0~  '~FY 2001 Local Law Enforcement Block Grants ~ Program -_. Sebastian City, FL Application Award RFD ' Grant ~ Reports Correspondence to ... ~ Grant Handbook CEO Information Overview CEO Information Program Contact Information Certifications Award and Match Submit Application Decline Funds Help/Frequently Asked Questions LLEBGHome Log-Off Please provide or update information about the Chief Executive Officer (CEO) of your jurisdiction (i.e., Mayor, City Manager, County Commissioner, etc.). Use appropriate uppercase and lowercase letters throughout this application. Sebastian City, Flodda has at least one accepted award for a different fiscal year. Changing the CEO information will cause a Grant Adjustment Notice (GAN) to be generated for the other ~ irant(s). This GAN will be created upon approval by BJA. q"Rle City Manager *Prefix Mr· ~*First Name Terrance R :*Last Name Moore *Address Une 1 1225 Main Street Address Line 2 *City Sebastian State FLORIDA *zip Code 1329se~, 14i'~ ' ' ' .Need help for,ZIP+4? *Phone ]b61-388-8200 ~ Format: Extension [ Fax 561581'0149 ..................... Format: 999-999-9999 *E-mail TMoom~CityofSebastian~ *Is the person currently completing this application the ~' Yes C CEO? No https://gra~ts.~jp~usd~j~g~v:8~4/~m-n~-user/p~sq~//~ebg-mai~.C~angeCe~?p-bgid=3 6/29/01  FY 2001 Local Law Enforcement Block Grants ~~... Program Sebastian City, FL Application Award R F._._~D Grant Changes R_~orts Correspondence Grant Handbook Program Contact Information Overview CEO Information Pro~ Contact Information Certifications Award and Match ~lication Decline Funds I-Ielp/Frequentlv Asked Que~ons LLEBG Home The Program Contact person is the individual officially designated by the CEO to serve as the day-to-day contact on all program related matters, including completing this application, and can answer all program related questions from BJA. As the officially designated Program Contact, this individual has the ability to bind the jurisdiction to all terms and conditions retated to this grant. Only public officials have the ability to bind the jurisdiction legally to the terms of the LLEBG Program, A CEO may not delegate this responsibility to a non-public official or a public official outside his/her jurisdiction. A jurisdiction may use whatever assistance it deems appropriate to gather needed information for the completion of the LLEBG ondine application and payment acceptance processes; however, it may delegate only to a .~ublic o~cial within the al3131icant.judsdiction the responsibility for..ectually completing the on-line, processes. Any applying jurisdiction violating these' requirements will be subject to formal action, including nullification of the FY 2001 LLEBG application as well as eligibility for the future LLEBG funding cycles. The following information is optional since you have indicated that you are the CEO on the CEO Information screen. Sebastian City, FL has at least one accepted award for a different fiscal year. Changing the Program Contact information will automatically update this information for all of your active LLEBG grants. No GAN will be issued to document this change. *Title D~eputy chief 'PrefiX _Mr. *First Name D~vid ....... *Last Name P'~scher .... *Address Line I 1201 Main Street' ........ ,,'. ,, ¥~ , ,&.. .,,,: Address Line 2 *City Sebastian ........ q,q,& ................ ,, ,, state ....... FLOa D^ 'Zip Cede *2OSS '"::- 'Phone · Format: 999-999-9999 ate sion I Fax 561-388-1872 ' Fomnat: 999-999-9999 *E-mail DPuscher@CityofSebasti~ ht-tps://grartts.ojp.usdoj.gov: 8004/gms_user/plsql/Aiebg_main. prog_contact_page?p-bgid=3 6/29/01 (~, Sebastian 120i Main Street" Sebastian, Florida 32958 (561) 589-5233 Fax) (561) 589-2207 SUBJECT: Agreement of Forfeiture ~..X'~rra~'lL'Moore, City Manager Agenda No. 01.18 7 Department Origin: Police Date Submitted : July 25,2001 For Agenda of : 7 / 2 5 / 01 Expenditure Required Amount Budget Appropriation Required SUMMARY STATEMENT On May 22, 2001 the US Marshall apprehended a fugitive aboard his vessel docked in Sebastian. Subsequently, the US Marshall advised the City of Sebastian's Police Department that they were welcomed to seize the vessel, a 1987 Imperial, 26'fiberglass Cabin Cruiser named "The Betsea', and obtain possession oj' it by forfeiture. The blue book value of the boat is between $6,500 and $8,000. On May 25, 2001 the City and the vessel owner entered into an agreement whereby the vessel owner agreed to give possession of the vessel and all property thereon to the City and the City acquires the responsibility of all towing and storage costs and fees incurred in the seizure. Subsequently, the _Police Department requested the Purchasing Division to sell the vessel. Purchasing has applied for a title transfer to the City arM, once this is secure, recommends soliciting bids for the sale of the vessel and execute the sale with the bidder that submits the highest bid. RECOMMENDED ACTION Move to authorize staff to solicit bids for the sale of the Cabin Cruiser named "The Betsea", and establish a minimum bid of $6,000. Proceeds of the sale will be deposited in the forfeiture fund after deducting associated costs. Reference: FORFEITURE Case # .2001-10600 (Des.cdption of Vehicle/Vessel or Property): Vessel Name: The Betsea, 26', Fibe~lass,,.Cabin Cruiser Decal Number. 008026090 ' Vessel I.Di#: ALSPY049L687 All property thereon and about the vessel listed above. 1. This Agreement is made between the City of Sebastian (hereinafter referred to as CITY) and Ronald Sabj.k , (hereinafter referred to as OWNER). 2. The CITY and OWNER acknowledge the benefits to each party by avoiding litigation and enter into this Agreement for the sole purpose of avoiding litigation. 3. The property that is the subject of this action is the vesse listed above .an~ a..!! orooertv thereon and about the vessel. The OWNER agrees to give possession, of the above-desodbed proper[3/to the CITY. The OWNER certifies that they are legally entitled to possession of the above described property OR if the property seized is other than a vehicle, the CITY and OWNER of the seized property have come to a mutually agreed upon settlement for the vessel listed above and all property thereon and about the said vessel, which benefits each party by avoiding litigation and entering, into this Agreement for the sole purpose of avoiding litigation. a. All towing/storage costs and fees incurred in the seizure of the vehicle will be the sole responsibility of the CITY of the seized property. 6. The OWNER represents to the CITY all statements In this Agreement are true and further agrees to hold harmless and indemnify the CITY or any of its employees, agents or servants from any and all damage, actions, suits, claims or demands of whatsoever kind, made by on behalf of any person as a result of the CITY giving possession of the described vehicle to the OWNER, including, but not limited to, reasonable attorney's fees, travel and investigation expenses caused by said damage, actions, suits, claims or demands. Date OWNER(s) Signature City o-EC'~Eml~lo~/e~ Signature ORDINANCE NO. 0-01-15 AN ORDINANCE OF THE CITY OF SEBASTI.M'q, FLOR[DA~ AMENDING CODE'OF ORDINANCES CHAPTER 74 TO CREATE ARTICLE Ill RECREATIONAL I]VII'ACT FEES; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. WItE~AS, the City Council finds that growth should pay for its own impacts rather than burdening the resources of the existing citizenry; and Wl~EREAS, the City Comprehensive Growth Management Plan adopts levels of service for various parks and recreational facilities; and WltEREAS, the City Council has determined that it is the public interest to require new' development to provide facilities equivalent to the adopted levels of service even in areas where sufficient capacity exists because it is unjust to the citizenry to allow new growth to lower existing standards that are above the minimum requirements of the City; and Wl:II'~REAS, the City Council finds that under existing market conditions, and based upon the statistical average of 2.52 residents per household as set forth in the ComPrehensive Plar~ k is a fair estimate that the cost to meet the levels of service for land acquisition is $325 and for facility construction is $650 per household; and WIt'EREAS, pursuam to that certain action styled In re General Development Corporation, et al, Case No. 90-J223J-BKC-AJC, United States Bankruptcy Court for the Southern District of Florida, conveyances of land were made to the City in satisfaction of any future requirement to dedicate land for park use in the development of Sebastian Highlands; and WltE~AS, a funding source is needed to develop this inventory of unimproved park land as well as future park acquisitions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THIg CiTY OF SEBASTIAN, IND~N RIVER COUNTY, FLORIDA, as follows: ©1. Section 1. That the Code of Ordinctnces, City of Sebastian, Florida, is hereby amended to create Chapter 74, Article 111 Recreational Impact Fee beginning with section 74-50 which shall read as follows: Sec. 74-50. Fee required. The payment of a fee to the city in the amount of $975 to be used for the acquisition, expansion, construction and provision of city recreational facilities shall be required as a condition of the issuance of a building permit for any newly constructed dwelling unit of any kind. A dwelling unit shall be considered newly constructed whether it is constructed on a vacant lot or parcel, is the reconstruction or renovation of a building that was not previously occupied as a dwelling unit of any kind, 'or whether it is an additional dwelling unit .added to a lot, parcel, tract of property, thereby increasing the total number of dwelling units to two (2) or more. Section 2. That the Code of Ordinances, City of Sebastian, Florida is hereby amended to creme a new section to be numbered section 74-51 which shall read as follows: Sec. 74-51. Credit for parcels vested under 1992 Bankruptcy Court Order.. Pursuant to the Settlement Agreement and Order in Case No. 90-12231- BKC-AJC of the United States Bankruptcy Court for the Southern District of Florida, the fee for lots developed pursuant to the plats of the Sebastian Highlands Units 1-17 shall be $650, which represents a credit of $325 for the pro-rata amount of the impact fee attributable to costs of land acquisition under the level of service standards of the Comprehensive Plan. Section 3. That the Code of Ordinances, City of Sebastian, Florida is hereby amended to creme a new section to be numbered section 74-52 which shall read as follows: Sec. 74-52. Credit for the dedication of land for active recreation uses. Upon the dedication of two (2) or more contiguous acres of land to the city as hereinafter set forth, a developer shall receive a credit against the fee otherwise required to be paid pursuant to this article. The credit shall be applied as'-follows: (1) The credit shall become effective upon city council acceptance of the dedication of the land. Said land shall not be accepted by the 'city council unless it finds the land to be suitable for public park or active recreation purposes. In determining the' suitability of the land for such purposes, the city council may consider all factors and variables affecting such suitability, including, but not limited to: a. Access from paved public streets. b. Size. c. Fair market value. d. Physical characteristics and qualities.' e. Proximity of the land to other recreation facilities. f. Availability of city funds to construct facilities on the land. g. Conformance with the city's comprehensive plan. Conservation lands required as a condition of development approval by regulatory agencies shall not be eligible for impact fee credits. (2) The fair market value of the land to be dedicated shall be established by a formal MAI appraisal which is acceptable to the city. The appraisal shall be provided by the developer at his expense. The developer shall provide the City Manager or his designee .with detailed plans and specifications of any improvements and facilities to be constructed thereupon, including estimates and information as to costs, and the city shall make a determination as to the credit available for such construction. (3) The land shall be dedicated to the city in fee simple, and shall be free of any liens or encumbrances. (4) The credit shall be calculated as a ratio of the fair market value of land dedicated, plus the value of any facilities constructed thereupon by the developer, divided by the total recreational impact fee required to be paid. The fee required to be paid pursuant to this article shall be reduced by the percentage of credit determined by the above formula. (5)' Kecreation impact fees credited to a developer, for dedications and improvements eligible for impact fee credits, shall be provided on a lot by lot basis. The impact fee amount shall be reduced equally for each lot or in the case of multi:family residential projects each dwelling unit, within the development by assessing the total impact fee per lot or unit minus the proportionate share of the credit applied to each lot. (6) If the percentage of credit is one hundred (100) per cent or more, no fee shall be required to be paid. Any dedications valued in excess of the total projected impact fee due for the project shall result in an impact fee credit in favor of the developer, which shall be assignable and shall remain in effect for a maximum often (10) years. Such excess credits may be used anywhere within the City if arising from the dedication of a Community Park facility. However, credit arising from dedication of Neighborhood Park facilities may only be utilized within the recreational zone in which the development containing the dedicated facility is located. (7) A recreation impact fee agreement shall be provided governing credits and payment of fees. Such agreement shall be acceptable to the city attorney and city manager, and shall be recorded. Section 4. That the Code of Ordinances, City of Sebastian, Florida is hereby amended to create a new section to be numbered section 74-53 which shall read as follows: Sec. 74-53. Time of payment. The fee required by this article shall be paid at the time the building permit is issued for each dwelling unit. Section 5. .That the Code of Ordinances, City of Sebastian, Florida is hereby amended to. create a new section to be numbered section 74-54 which shall read as follows: Sec. 74-54. Establishment of Recreation Zones The City shall be divided into four (4) recreational zones which shall function as service areas for Neighborhood Park facilities as follows: Zone d - Begin at the intersection of centerlines of Fleming Street and CK 512; thence follow Centerline of Fleming Street north to Main Street; thence follow centerline of Main Street northeast until it intersects with the perpendicular extension of the lot. line between Lots 3 & 4, Block 12, Sebastian Highiands Unit 1; thence follow said extended lot line through to the boundary of Roseland Satellite Airfield Tract 1 (Sebastian Municipal Airport); thence follow along said boundary to the west and north, and continue along the same as it becomes the boundary to Koseland SatelLite Airfield Tract 3, continuing as the same line becomes the City Limits; thence follow said City Limits to the west and around until the same intersects with CR 512; thence follow northeast along the centerline of CR 512 to the Point of Beginning. Zone .B - Begin at the intersection of centerlines of Fleming Street and CR 512; thence follow centerline of Fleming Street north to Main Street; thence follow centerline of Main Street northeast until it intersects with the perpendicular extension of the lot line between Lots 3 & 4, Block 12, Sebastian Highlands 'Unit 1; thence follow said extended lot line through to the boundary of Roseland Satellite Airfield Tract 1 (Sebastian Municipal Airport); thence follow along said boundary to the west and north, and continue along the same as it becomes the boundary to Roseland Satellite Airfield Tract 3, continuing until said line intersects with the City Limits along the northwest comer of the former St. Sebastian PUD; thence follow said. City Limits to the northeast and around until the same intersects with the boundary between Sections 7 & 18; thence follow west along said section line continuing as it becomes the boundary between Sections 12 & 13 until the same intersects with the centerline of CR 512; thence along said right-of-way to the Point of Beginning. Zone C -. Begin at the point the City Limits intersect the boundary of Sections 7 & 18 from the north; thence follow said City Limits east and around south until the same intersects with Powerline Road; thence follow the centerline of Powerline Road north to Barber Street; thence follow Barber Street to the west and north to the centefline of the Elkam Waterway; thence follow the centerline of the Elkam Waterway east to mouth of the Collier Waterway; thence follow the Collier Waterway to the point it intersects with the boundary of Sections 12 & 13; thence follow east along said section line, continuing as it becomes the boundary of Sections 7 & 18 to the Point of Beginning. · Zone D - Begin at the point the boundary of Sections 12 & 13 intersects the centerline CR 512; thence follow said section line east to the 'point the Collier Waterway intersects the same from the south; thence follow the centerline of the Collier Waterway until it intersects with the Elkam Waterway; thence follow the centerline of the Elkam Waterway to the west to the centerline of'Barber Street; thence follow the. centerline of Barber Street to the south and east to the intersection with Powerline Road; 'thence follow the centerline of Powerline Road south to the City Limits; thence follow the City Limits to the west and around to the north to C~R 512; thence follow along the centerline of CR 512 to the northeast to the point of beginning. .Section 6. That the Code of Ordinances, City of Sebastian, Florida is hereby amended to create a new section to be numbered section 74-55 which shall read as follows: Sec. 75-55. Use of fees paid. The fees paid pursuant to this article shall be segregated and held in trust by the city in its recreation trust fund. The city shall maintain records of monies collected adequate to determine the amount contributed to the fund from each particular development. The funds collected from any development shall be used only to acquire, construct or provide recreational improvements or facilities, but may not be used on a Neighborhood Park facility located in a different Kecreation Zone than the one containing the originating development. The city shall maintain records of all funds expended and the purposes for which they were expended, Funds must be encumbered for a qualifying project within seven (7) years of being collected. · Section 7. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 8. SEVERABILITY. in the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 9. EFFECTIVE DATE. This Ordinance shall take effect August 1, 2001, following its adoption by the City Council. Complete and proper building permit applications submitted prior to the effective date shall not be assessed the fee, however, the fee shall become due upon filing any supplemental information for the application or for any extension of a pre-existing building permit. The foregoing Ordinance was moved for adoption by Councilmember Bar c zyk The motion was seconded by Councilmember Bishop and, upon being put to avote, the vote was as follows: Mayor Walter Barnes aye Vice-Mayor Ben A. Bishop aye Councilmember Joe Barczyk ave Councilrnember Edward J. Majcher, Jr. aye Councilmember James Hill aye The Mayor thereupon declared this Ordinance duly passed and adopted this 11t~ day of July, 2001. CITY OF SEBASTIAN, FLOKK)A ATTEST: Sally A..J~fio, 'CMC ' City Clerk Mayor Walter Barnes Approved as to form and legality for reliance by the City of Sebastian O~Y Of SEBASTIAN HOME OF PELICAN ISLAND 1225 MAIN STREET · SEBASTIAN, FLORIDA 32958 TELEPHONE: (561) 589-5330 ', FAx (561) 589-5570 Ordinance O-01-15 CITY OF SEBASTIAN RECREATIONAL IMPACT FEE WORKSHEET Note: Per the Housing Element data survey of the Comprehensive Plan for the City of Sebastian, each dwelling unit averages 2.52 residents. Ail Levels of Service (LOS) set in Recreational Element of Plan. Facility Neighborhood Park Community Park TOTAL PARKLANDS LOS 2 ac, per lOOO 2 ac. per 1000 Total Cost $15,000 per acre $50,000 per acre ACTIVE FACILITIES Facility LO_._.~S Tennis Courts 1 per 2,000 Racketball/Handball 1 per 10,000 Basketball Courts 1 per 5,000 Softball/Baseball Fields 1 per 3,000 Community Pool 1 per 8,700 Golf Courses 9 holes/50,000 Boat Ramps 1 per 4,700 Football/Soccer Fields 1 per 4,000 Shuffleboard Courts 1 per 1,000 Playgrounds 1 per 7,500 Volleyball CoUrtS I per 12,000 TOTAL Total Cost $40,000 each $62,500 each $16,400 each $225,000 each $550,000 each $1,2000,000 per 9 $175,000 each $68,450 each $3,500 each $70,000 each $7,000 each Unit Cost $75.60 ~252.oo $327.60 Unit Cost $45.00 $15.75 $8.27 $189.oo $158.95 $60.48 $93.80 $43.12 $8.80 $23.52 $1.47 $648.16 TOTAL IMPACT PER RESIDENTIAL UNIT $975.76 "An Equal Opportunity Employer" Celebrating Our 75th Anniversary City of Sebastian, Florida OFFICE OF THE C1TY~ ATTORNEY~ AGENDA TRANSMITTAL Agenda No. Subject: Ordinance O-01-19; Canal Landscape Management Plan Back-up: Policy Paper from September 2000 01. 188 Date Submitted: 7/19/01 For Agenda of: 7/25/01 SUMMARY: In September 2000, the Council reviewed a policy proposal concerning enhancement of the City's major canal system, and by consensus directed staff to bring back code changes and other actions to implement the policy. The Council has already adopted one such policy by banning gasoline-powered motors on the canals. This ordinance implements the permitting system to allow riparian lot owners to trim portions of the canal vegetati°n and remove other portions, while preserving the remainder in a natural state and enhancing the tree canopy along the canals. RECOMMENDED ACTION: Adopt Ordinance O-01-19. /~~ AUTHORIZED PLACEMENT ON AGENDA BY CITY MANAG ORDINANCE NO. O-01-19 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 110 TO CREATE ARTICLE III CANAL LANDSCAPE MANAGEMENT PLAN; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, Sebastian's major canals -- Elkam Waterway, Collier Creek, Schumann Canal -- run throughout the heart of the City, and are teeming with all species of freshwater fish; migratory birds flock along their banks; raccoons and other wildlife wander along the water's edge; and WHEREAS, while property owners along the canals enjoy certain riparian rights in the waterways, these canals belong to the public and should be managed in a way that bestows to the remainder of the community some of the recreational and aesthetic benefits enjoyed by those living along the canal banks; and WHEREAS, there is an opportunity to enhance the major canal system if the City treats the canals more like waterways by protecting the existing vegetation, encouraging beneficial plantings along the banks, and providing facilities for public enjoyment, all in a way that preserves their primary function for stormwater discharge and enhances their filtration capabilities; and WHEREAS, the City Council has determined that it is in the public interest to implement the Canal Enhancement Policy presented in September 2000. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That the Code of Ordinances, City of Sebastian, Florida, is hereby amended to create Chapter 110, Article III Canal Landscape Management Plan beginning with section 110-50 which shall read as follows: Sec. 110-50. Intent. This Article shall be known as the Canal Landscape Management Plan and it is the intent hereof to preserve natural plant growth along the canals, taking into account that riparian owners are entitled to build docks and have a reasonable expectation of some view of the water, while encouraging planting of desirable tree species that grow in a manner that has the minimal impact on water flow. Section 2. That the Code of Ordinances, City of Sebastian, Florida is hereby amended to create a new section to be numbered section 110-51 which shall read as follows: Sec, 110-51. Definitions. Except as set forth herein, The terms used in this article shall have the same meanings as set forth in Chapter 54, Code of Ordinances, City of Sebastian, Florida, unless the definition therein leads to a clearly unintended result or else there is no such defined term in said Chapter, in which case the words shall be given their generally accepted meaning. Desirable trees shall mean all tree species not listed as nuisance .trees in Chapter 54, Chapter 54, Code of Ordinances, City of Sebastian, Florida. Littoral trees shall mean those trees adapted to survival in an environment with a water-table of within two feet of ground level, and shall specifically include those species commonly known as redbays, swamp bays, bald cypress and pond cypress. Section 3. That the Code of Ordinances, City of Sebastian, Florida is hereby amended to create a new section to be numbered section 110-52 which shall read as follows: Sec. 110-52. Brush trimming permit. A canal lot riparian landowner may apply to the City Manager for a continuous permit to trim the height of shrubs, grasses and brush, but not desirable trees, within the middle 60% of canal right-of-way fronting the lot. However, where the right-of-way has been previously cleared and grass planted, until and unless the City undertakes a restoration project thereupon, the permittee may maintain the grass at generally accepted heights throughout the length of the adjoining lot. There shall be no charge for this permit, however the City Manager's designee shall inspect the property and record its condition prior to issuance of the permit. Pursuant to the permit, the riparian landowner may trim shrubs and brash no lower than a total height of either four feet or one foot above the level of any seawall, whichever is higher. Section 4. That the Code of Ordinances, City of Sebastian, Florida is hereby amended to create a new section to be numbered section 110-53 which shall read as follows: Sec. 110-53. Removal of Vegetation. A canal lot riparian landowner may apply to the City Manager for a permit to remove vegetation from the City canal frontage in accordance with the conditions and restrictions set forth herein. (a) Nuisance species can be removed from any part of the canal right-of- way. There shall be no charge for this permit, however the City Manager's designee shall inspect the property and record its condition prior to issuance of the permit. (b) Within the middle one-third of the canal right-of-way fronting the lot, clear-cutting of all vegetation will be allowed but only as part of the construction of, and within the area to be covered by, a permitted dock. In exchange for the privilege of clearing an area for a dock, the landowner will be required to plant specimens of littoral trees either equal to the number of trees actually removed by the clearing or, if greater, in accordance with the following formula: % of Frontage Cleared # of Trees O+ to 15% 1 15+ % 2 (c) Within the middle one-third of the canal fight-of-way fronting the lot where no dock is to be constructed, no desirable trees may be removed, but remaining vegetation may be cleared so long as one littoral tree is planted within the cleared area for every 15 feet of impacted area and the remaining cleared area is planted with grasses. (d) Except for a permit issued solely for removal of nuisance trees, the permit to remove vegetation will require a fee set by resolution in an amount sufficient to cover City expenses in inspecting the site before removal to verify existing conditions at the site and a final inspection to ensure that the permit was followed. Section 5. That the Code of Ordinances, City of Sebastian, Florida is hereby amended to create a new section to be numbered section 110-54 which shall read as follows: Sec. 110.54. Enforcement; additional remedies. It shall be a violation to trim or remove any plant from the canal right-of- ways of the City of Sebastian except in compliance with the requirements of this Article. A single violations shall occur upon removal of brash in general, but a separate violation occurs for each shrub or tree impacted. Further, upon wrongful removal of vegetation from the canal right-of-way the vegetation will be replaced in reasonable equivalency and the costs thereof will be assessed against the party committing the violation. If the offender is the riparian landowner the costs may be filed as a lien against the adjoining property and shall be of equal dignity with the lien for taxes. Section 6. That the Code of Ordinances, City of Sebastian, Florida is hereby amended to create a new section to be numbered section 110-55 which shall read as follows: Sec. 110.55. Credits for planting in canal right-of-way. A canal lot riparian landowner may receive tree point credits towards the required landscape requirements of Chapter 54 of this Code for planting up to two littoral trees within the canal right-of-way adjoining their lot. Section 7. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 8. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 9. EFFECTIVE DATE. This Ordinance shall take upon adoption by the City Council. The 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 Ben A. Bishop Councilmember Joe Barczyk Councilmember Edward J. Majcher, Jr. Councilmember James Hill The Mayor thereupon declared this Ordinance duly passed and adopted this 22na day of August, 2001. CITY OF SEBASTIAN, FLORIDA ATTEST: Sally A. Maio, CMC City Clerk By: Mayor Walter Barnes Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 POLICY PAPER: The Enhancement of Sebastian's Canal System September 2000 LEGEND FUTURE LAND USE ~ ~en~'- {up ~ I=lE.W, lt'JElff'r~4. USF. (Mnbite RE~IOP..N1 IAI. U',~ Med,l,m D~ne~- (up m. 8 da / ~,-") COMMEPJCAL GENEP~L COMMERCIAL 51.~ COMMERCIAL LIMI1 ~D j RiVERFRONT Mb~. ~. I~,STrRJ"r~¢,~NAL ~ O~NC, ERVAYiON POLICY PAPER: The Enhancement of Sebastian's Canal System I. OBJECTIVE - TURNING A SOW'S EAR INTO A SILK PURSE While many times we curse the legacy of open drainage that GDC lef~ the City, there is an opportunity to enhance the major canal system beyond its utilitarian function as stormwater drainage. Many communities in the state have canal systems that are treated as true assets in the quality of life for its citizens. Already our canals are teeming with all species of freshwater fish, migratory birds flock along their banks, raccoons wander along the water's edge and playfully wash their snacks in the canals.., all this from a public facility that by and large we consider, A quick look at a map of Waterway, Collier Creek, Schumann property owners on the canals enjoy canal lots run at a premium to other the public and should be managed and treat as, a mere ditch. Sebastian reveals that the major canals -- Elkam Canal -- run throughout the heart of the City. While certain riparian rights in the waterways, and indeed similarly situated real estate, these canals belong to in a way that bestows to the remainder of the community some of the recreational and aesthetic benefits enjoyed by those living along the canal banks. The objective of this Plan is to treat the canals more like waterways by protecting the existing vegetation, encouraging beneficial plantings along the banks, and providing facilities for public enjoyment, all in a way that preserves their primary function for stormwater discharge and enhances their filtration capabilities. H, VISION STATEMENT A Sebastian family has just finished a Sunday afternoon picnic in the park area beside the canal. While Grandpa takes the baby under the shade of the trees overhanging the bank for a little nap, Dad takes the little one down to the fishing dock for some bluegill action on the canepoles. Junior and his best friend are back from dropping the SUV off at the other park, and they're ready to put the canoes in for a lazy afternoon bird- watching/paddling excursion with Mom down the waterway. Property values are rising, and the living is easy... STEP ONE -- PRESERVATION AND RESTORATION OF THE FAUNA The current discussion about the City's stewardship over the canal system arose over a couple of controversies involving clearing of the strip of land located between residential lots and the adjacent seawall. The former City Manager had promulgated a policy (attached) that sought to set parameters on the degree to which a homebuilder could remove the vegetation from what is in truth City-owned property. Unfortunately, confusion as to the differences between the City's authority as a regulator, versus its authority as a landowner, has prevented the effective implementation of the desired policy objectives. The proposed policy will seek to preserve most of the natural plant growth along the canals, taking into account that canal lot owners are entitled to build docks and have a reasonable expectation of some view of the water. At the same time the City will undertake to encourage planting of desirable tree species that grow in a manner that has the least impact on water flow (swamp bay or redbay trees if within six feet of a seawall; pond or bald cypress also allowed if not). As they grow, these trees should have no more impact on water flow than the pilings of the docks now allowed on the canals, and they will provide environmental benefits of water filtration and wildlife habitat. A. Trimming of Brush An adjoining landowner will be allowed to obtain a permit to trim the height of shrubs and brush (but not desirable trees) within the middle 60% of the lot frontage. The brush may be trimmed no lower than a total height of four feet or one foot above the level of any seawall, whichever is higher. B. Removal of Vegetation A separate permitting process shall be available for any adjoining landowner desiring to remove vegetation from the City canal frontage. Nuisance species can be removed from any part of the canal frontage. The permit to remove vegetation will have a fee sufficient to cover the City's expenses in inspecting the site before removal to verify existing conditions at the site and a final inspection to ensure that the permit was followed. The City Land Development Code already provides that a dock may be constructed within the middle one-third of the canal frontage, and clear-cutting will only be allowed within the area to be covered by a dock. In exchange for the privilege of clearing an area for a dock, the landowner will be required to plant specimens of the desirable trees either equal to the number of trees actually removed by the clearing or, if greater, in accordance with the following formula: °.4 of Frontage Cleared # of Trees 0+ to 15% 1 15+ % 2 Within the middle one-third of the frontage where no dock is to be constructed, no desirable trees may be removed, but remaining vegetation may be cleared so long as one ~elected tree is planted within the cleared area for every 15 feet of impacted area. C. The City's Efforts For its part the City shall encourage civic groups to remove nuisance plants and plant desired vegetation, including desirable native grasses and small plants, along canal frontage that has been cleared in the past. LDC provisions shall be amended to allow a canal lot owner to receive tree point credits for up to two trees planted along the frontage. An extensive public education program will be enacted. D. Enforcement Wrongful removal of vegetation from the canal frontage shall not only be subject to a fine from the regulatory aspect, but vegetation will be replaced in equal size and number and the costs thereof will be assessed against the landowner committing the violation. IV. STEP TWO -- RECREATIONAL DEVELOPMENT The public's appreciation of the waterway system can only be enhanced if an opportunity to use them is provided. The City already has Hardee Park that can provide access to the canal system north ofC.R. 512. The County should be encouraged to restore the connection of the canals under C.R. 512. The development of the passive water park in conjunction with the Water Management District south of Englar Drive will provide another prime opportunity to build amenities that could include a canoe launch and small fishing pier. The City also owns land at the site of Elkam Darn, and a significant park parcel across the street, that could be used for picnic and canoe launch facilities. Out of respect for the solitude of the homes along the canals, it is recommended that gasoline-powered motors, now limited to 3 1/2 horsepower, be completed barred from the waterways. V. IMPLEMENTATION This plan will require a number of changes to the City codes that can be adopted in short order to implement the vegetation protection provisions, and the recreational elements can be addressed step-by-step in the budgetary process. September 8, 2000 City of Sebastian, Florida 1225 Mai~ S~reet [] Sebastian, Florida 32958 .Telephone (561) 589-5330 [] Fax (561) 589-5570 Date: December 8, 1.998 To: From: Tracy Hass, Growth Management Director Terry ]5311, Public Works Director George Bonacci, Building Director Subject: Lot Clearing and Drainage Review on Waterfront Properties Effective immediately, please make sure that al/requests for lot cleaxSng and drainage approvals on waterfront properties or lots identify the rear property line abuttfug the adjacent water body.' Of pr/mary concern is the land lying between the rear property line mad the edge of water of the abutting body of water. The area between the rear property line and the edge of water is publicly owned in most cases. Any request to clear these are~ should not be approved with the standard permit issued for the clearing of the privately owned property without spec/ftc details relating tO selective clear/ng to insure that. clear cutting will not occur. Additionally, erosion or turbidity barriers should be required as a condition for any allowed removal of vegetation w/fbi,, the publicly owned property. In order to determine what may be removed w'ith~n that defined area of public ownership, applicant should meet w/th the ~ff on site and determine the minimum necessary to insure reasonable physical and visual access to the water. I5' after meeting with owner/contractor, stuff is satisfied that proper steps are being taken not to clear cut the si~e and that proper erosion control practices are going to be undertaken, approvals under those conditions would be acceptable. l.f you have any question regarding this matter, please contact me at your convenience. cc: The Honorable City Council HO~ O]~' ~.iCAN i~ City of Sebastian, Florida Engineering and Design for Infrastructure Improvements ~pprove~..for Submittal by: Moore, C~ r AgendaNo~ 0t.llSa Department Origin: Airport Dept. Head: ~ Finance: General Services:-~ ~aff~ Date Submitted: For Agenda of: 7/16/01 07/25/01 Exhibits: Scope of Work for Work Authorization Three EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: $ 76,675 $ 500,000 REQUIRED: N/A SUMMARY As you are aware, earlier this year the City of Sebastian accepted a grant from the Florida Department of Transportation (FDOT), Aviation Section in the amount of $600,000 for infrastructure improvements to Sebastian Municipal Airport. This figure represents 80% of the total project cost of $750,000; $250,000 of which was already spent on relocating Golf Course holes 11 and 17. Attached is proposed Work Authorization Three (3) for the LPA Group, Inc. to provide the City of Sebastian with engineering and design services for access roads, water and sewer lines, and electric access gates. The lump sum cost for these services is $76,675 whereas 20% of which will be funded fi'om the Airport Enterprise Fund. These improvements are necessary in order to further develop Sebastian Municipal Airport. RECOMMENDATION Move to approve Work Authorization Three for the LPA Group, Inc. to provide the City of Sebastian with engineering and design services for access roads, water and sewer lines, and electric access gates. CITY OF SEBASTIAN (Florida) Work Authorization for Professional Services ACCESS ROADS/WATER AND SEWER/SECLrRiTY GATES (Project Identification No.) Three (3.) (Work Authorization No.) It is agreed to undertake the following work in accordance with the provisions of our Prime Agreement for Professional Services dated ..... April 28, 2000 Description of Assignment: Provide the City of Sebastian with engineering and design services for Access Roads, Water and Sewer Lines and Security Gates. These services shall include project coordination meetingsl preliminary design, final design, permitting, contract documents, and bidding services as outlined in SECTION A of the attached scope. The Project Limits shall be as sketched in the attached drawing identified as SECTION B. Basis of Compensation/Period of Services: THE LPA GROUP will provide the above services for a Lump Sum amount of $76,675 as detailed and made a part of this contract in the attached SECTION C. These services 'will extend for a period of 165 days from the date of authorization by the CITY as tabulated in the schedule shown on page 4 of SECTION A. Agreed as to scope of services', time schedule, and budget: For the CITY OF SEBASTIAN (FLORIDA) For ~ LaP'~ ~ROUP INCORPORATED Date: Date: Attachments: SECTION A, Scope of Work (5 Pages) SECTION B, Project Limits Drawing (1 page) SECTION C, Fee (3 pages) July 5,2001 CITY OF SEBASTIAN (Florida) Work Authorization for Professional Services ACCESS ROADS/WATER AND SEWER/SECURITY GATES (Project Identification No.) Three (3) (Work Authorization No.) It is agreed to undertake the following work in accordance with the provisions of our Prime Agreement for Professioml Services dated Apri!,u2~8~, 2000 Description of Assignment: Provide the City of Sebastian with engineering and design services for Access Roads, Water and Sewer Lines and Security Gates. These services shall include project coordination meetings, preliminary design, final design, permitting, contract documents, and bidding services as outlined in SECTION A of the attached scope. The Project Limits shall be as sketched in the attached drawing identified as SECTION B. Basis of Compensation/Period of Services: THE LPA GROUP will 'provide the above services for a Lump Sum mount of $76,675 as detailed and made a part of this contract in the attached SECTION C. These services will extend for a period of 165 days from the date of authorization by the CITY as tabulated in the schedule shown on page 4 of SECTION A. Agreed as to scope of services, time schedule, and budget: For the CITY OF SEBASTIAN (FLORIDA) For ~]g LPA GROUP INCORPORATED Date: Attachmems: D ate: SECTION A, Scope of Work (5 pages) SECTION B, Project Limits Drawing (1 page) SECTION C, Fee (3 pages) 7-7. Ol July 5, 2001 SEBASTIAN MUNICIPAL AIRPORT CITY OF SEBASTIAN ACCESS ROADS / WATER AND SEWER/SECURITY GATES SECTION A SCOPE OF WORK I. project Description: The purpose of this document is to provide the City of Sebastian with a detailed Scope and Fee breakdown for the various engineering services listed below: Item Item Item Item Item Item Item Item 1) Proposed Westem Access Road extension (2,400'); 2) Paved Eastern Road to access Taxiway (600'); 3) Paved Western Road to access Taxiway (500'); 4) Dirt Road to J&S Aviation (650'); 5) Pave existing dirt road offRoseland to Western Access Road (600') 6) New water line at the western side of the airport (5,000'); 7) New sewer line along Roseland Drive (1,600'); 8) Two Electrical Security Gates. These tasks are drawn and included in this Scope as SECTION B. The proposed Western Access Road shall be an extension to the south of the existing West Entrance Road, tying into the public road (Roseland Road). Water service for the existing Airport tenants on the West Entrance Road and proposed tenants along the new extension shall be included by design 0fa new water line. Sewer service shall be provided to the proposed Greensplus site by extending an existing sewer line south on Roseland Road for a distance of 1,600'. A new road shall be designed to tie into the taxiway from the new Western Access Road. Improvements to the ea§t side of the Airport include a new paved road to tie into the existing taxiway, connecting Runways 31 and 27. A dirt roadway is proposed as a new entrance to J&S Aviation. The proposed electrical security gates will be located at the end of Airport Drive on the east side of the Airport, near the end of Runway 27, and at the west side of the Airport at the Westem Taxiway Access Road. The Scope of Work provided herein as SECTION A describes the services provided by THE LPA GROUP INCORPORATED (hereby referred to as the CONSULTANT) to the CITY. A sketch showing the proposed areas of improvement are identified in SECTION B. Fees associated with all engineering tasks are included in SECTION C of this document. Sebastian Municipal Airp6rt Access Roads/Water and Sewer/Security Gates 07/05/01 Page 1 of 5 H. Field Surveys Control (vertical and horizontal) will be run to control all survey work. Horizontal control and elevations will be tied to available on-site benchmarks. Control points shall be set for future use 'in Contractor's layout. These points shall be published on the final plan set with the coordinate system and elevation. A topographic survey will be performed at a 100-foot width for the PROJECT, or 50' to either side of the alignment. After coordination meetings have been held and it has been determined to which side of the existing pavement the proposed water and sewer lines will be set to, the survey shall be performed at a 50-foot width, measured from the centerline of the existing road. Ground features will be located including grade changes and ditches. Pavement edges, driveways, curb lines and existing drainage features shall also be encompassed in this survey. Above-ground utilities shall be surveyed, along with buried utilities, as available by the locator service or utility company. Topography shall be provided for a width of 200' at the pavement tie-ins. Ditches and outfall pipes shall be surveyed for a length of 100' to either side of the alignment. The CONSULTANT shall utilize the survey performed by Carter and Associates the previous year for the layout of the water line for the existing paved road on the western end of the project. Upon completion of the survey, the CONSULTANT will field-verify the accuracy of the survey. ' Iii. Preliminary Design Planning: The proposed paved roadway section shall be a ditch section with a 24' paved surface, a 4.0' shoulder at 48:1, and a ditch slope no steeper than 3:1 (exact dimensions to be determined). The pavement section shall be 1.5" of Type 1 asphaltic concrete over 8" of coquina shell base. The CONSULTANT shall utilize the services ora qualified geotechnical firm to perfOrm borings, soils evaluation, soil support values, and construction recommendations. This pre-design geotechnical testing will serve to verify assumed pavement sections. For all aspects of roadway design, the CONSULTANT shall adhere to road design standards as set forth by the Florida Department of Transportation, City of Sebastian, Indian River County, and AASHTO. The horizontal alignment shall be as directed by the CITY. Modifications may be necessary depending on the possible presence of wetlands. (See Project Description for alignment location and description.) Vertical profiles shall be set to adhere to drainage requirements and pavement tie ins. Consideration shall be given to excessive cut and fill slopes. The proposed water line will be placed alongside the existing West Entrance Road and the proposed Access Road (see drawings Section B), and will tie-in at each end to the existing Sebastian Municipal Airport , Access Roads/Water and Sewer/Security Gates 07/05/01 Page 2 of 5 water line on the west side of Roseland Road. Sizing for the water lines shall consider the possibility of full build-out of businesses and other airport tenants along the entire roadway. The design for service lines and hook ups to existing buildings will not be included with this Scope. The locations of the two security gates, one at the east side of the airport, at the end of Airport Drive, and the other at the west side of the Airport near the proposed T-Hangars, will be shown on the plans, along with the appropriate notes and construction requirements. The type and model of security gate will be Tiltaway Gates with electronic keypad access, or an approved equal. This may be subject to change depending on further evaluation. Preliminary Plans: The CONSULTANT shall prepare a set of plans depicting the existing features collected from field surveys, proposed roadway horizontal alignments and vertical grades, typical sections; cross sections and preliminary drainage design. These plans shall be submitted to the CITY for approval prior to proceeding with final design. The water line will be shown in plan view, and shall show the location of hydrants and valves.. The water line design will be included in the roadway plan set. Details shall be provided for tie-in to the existing line, pipe bends, valves, and fire hydrants. Quantities and technical specifications will be included. The sewer line will be shown in the same fashion, with the manholes and other necessary features. Permitting: A Pre-Application Meeting will be held after the preliminary plan submittal with St. John's Water Management District to discuss the project and permitting requirements. The CONSULTANT will attend this meeting and furnish pertinent information to SJWMD for consideration. IV. Final DesigWPhase Plans: Based on the approved preliminary design plans, the CONSULTANT shall develop final construction plans. Permanent signs, pavement markings, radii returns at intersecting roads, drainage, horizontal and vertical information, NPDES, quantities, typical sections, notes and other design data necessary for construction will be incorporated into the final plans. Water and sewer line sizes shall be finalized and shown in plan and profile. Cross sections at.. an interVal of 50' will be shown for the proposed roadway section. Construction limits will be shown on the plans. Earthwork shall be quantified and shown on the profile sheet. The scale on the plan sheets shall be one inch equals fifty feet or less, depending on the length Of the roadway and amount of detail required. Profile sheets will match the topography scale and have a vertical scale of one inch equals five feet. Five (5) copies of the final plans and specifications will be provided to the OWNER for final review and approval. Drainage: The proposed roadway shall include roadside ditches, which will be designed to Sebastian Municipal Airport Access Roads/Water arid Sewer/Security Gates 07/05/01 Page 3 of 5 draha the roadway and flow to the ourfall(s) and detemion ponds (if required). The existing ditch crossing will require the installation ora culvert, the size of which will be determined by the CONSULTANT. Erosion Control Details: Erosion control standards and details conforming to the requirements of the local governing agencies will be shown on the construction plans (silt fence, check dams, sediment ponds, haybales, etc.). Permit Applications: The CONSULTANT will assemble, for the CITY'S application, all permit applications necessary for the construction of the road and installation of the water and sewer lines. It is the understanding of the CONSULTANT that no wetlands are present within the project area. If it is determined by a governing agency that the presence of wetlands exists and requires delineation, the CONSULTANT, at the request of the CITY, shall prepare a separate scope to address any wetland issues (permitting, delineation, mitigation, etc.). Specifications/Bidding: Technical specifications, front-end documems, contract documents and bid schedules shall be provided and distributed to the various bidders. The CONSULTANT shall attend and administer the Pre-Bid Conference, issue addenda as required, and attend the bid opening. After opening bids, the bids shall be tabulated and a recommendation made to the CITY for award. V. CONSTRUCTION PHASE SERVICES No construction services are included in this scope. If requested by the CITY, these services would be negotiated at a later date. VI. PERIOD OF SERVICES A. Field Surveys and Geotechnical 30 days B. Preliminary Design 30 days C. Final Design 30 days D. Permit Period 60 days (estimated) E. Address Comments/Prepare bid documents 15 days TOTAL: 165 days from Notice-to-Proceed Sebastian Municipal Airport Access Roads/Water and Sewer/Security Gates 07/05/01 Page 4 of 5 (~ VII. FEES FOR SERVICES- Labor Cost Sub Consultants Directs $58,847.00 $12,950.00 $ 4~878.00 TOTAL: $76,675.00 END OF SECTION A Sebastian Municipal Airpgrt Access Roads/Water and Sewer/Security Gates 07/05/01 Page 5 of 5 SECTION C SEBASTIAN MUNICIPAL AIRPORT CITY OF SEBASTIAN ACCESS ROADS/WATER AND SEWER/SECURITY GATES MANHOUR AND COST ESTIMATE BY WORK ITEM Preliminary Design Item/Task Description item 1) Proposed Western Access Road extension Item 2) Paved Eastern Road to access Taxiway Item 3) Paved Western,Road to access Taxiway Item 4) Dirt Road to J&S Aviation Item 5) Pave existing dirt road off Roseland to Western Access Road Item 6) New water line at the western side of the airport Item 7) New sewer line along Roseland Drive Item 8) Two Electrical Security Gates 8 24 24 40 4 100 $6,800 4 12 20 8 2 46 $3,336 3 8 22 20 2 55 $3,606 2 12 18 6 4 42 $2,982 8 10 20 10 2 50 $3,690 6 20 6 12 4 48 $3,622 6 20 8 32 4 70 $4,756 4 8 4 8 0 24 $1,812 Total: 41 114 122 136 22 435 $30,604 Final Desitin Item/Task Description Item 1 ) Proposed Western Access Road extension Item 2) Paved Eastern Road to access Taxiway Item 3) Paved Western Road to access Taxiway Item 4) Dirt Road to J&S Aviation Item 5) Pave existing dirt road off Roseland to Western Access Road Item 6) New water line at the western side of the airport Item 7) New sewer line along Roseland Drive Item 8) Two Electrical Security Gates 4 24 20 20 6 74 2 16 8 14 2 42 4 16 8 12 2 42 4 6 4 6 3 23 3 8 8 8 3 30 2 12 4 2O 3 41 3 14 5 20 3 45 2 2 2 4 2 12 Total: 24 98 59 104 24 309 $5,196 $2,972 $3,088 $1,678 $2,116 $2,696 $3,049 $824 $2t,619 THE LPA GROUP INCORPORATED 7/5/2001 Page B-1 SECTION C SEBASTIAN MUNICIPAL AIRPORT CITY OF SEBASTIAN ACCESS ROADS/WATER AND SEWER/SECURITY GATES MANHOUR AND COST ESTIMATE BY WORK ITEM BIDDING PHASE Item/Task Description Advertise and Coordinate Distribute Bidding Documents Pre-Bid Conference Answers to Bidders/Issue Addenda Bid Opening Review Bids for Responsiveness Certified Bid Tabs/Award Contract Contract Preparation 2 4 2 6 2 4 8 4 2 2 2 2 4 8 'E 'E o 4 10 $764 8 22 $1,230 4 12 $1,018 8 20 $1,528 4 $432 2 6 $490 8 10 $562 8 10 $600 Total: 20 20 4 8 42 94 $6,624 THE LPA GROUP INCORPORATED 7/5/2001 Page B-2 (~ SECTION C SEBASTIAN MUNICIPAL AIRPORT CITY OF SEBASTIAN ACCESS ROADS/WATER AND SEWER/SECURITY GATES MANHOUR AND COST ESTIMATE BY CLASSIFICATION BASIC SERVICES PRELIMINARY FINAL DESIGN DESIGN CLASSIFICATION HOURS HOURS BIDDING PHASE HOURS TOTAL HOURS Project Manager 41 24 20 85 Engineer 114 98 20 232 Designer 122 59 4 185 Technician 136 104 8 248 Technical Assistant 22 24 42 88 TOTAL HOURS 435 309 94 838 TASK COST $30,604 $21,619 $6,624 $58,847 DIRECT EXPENSES Computer $952 Reproduction $100 Postage $25 Communications Travel $250 Subconsultant Survey $9,750 Geotech $3,200 10% Fixed Fee on Subconsultant $1,295 TOTAL EXPENSES $15,572 $728 $350 $50 $25O $1,378 $28 $500 $1oo $250 $878 $1,708 $950 $175 $750 $9,75O $3,200 $1,295 $17,828 TOTAL COST: $76,675 THE LPA GROUP INCORPORATED 7/5/2001 Page B-3 IIII City of Sebastian, Florida Subject: Engineering and Design for T- Hangars I/~pprove. d. for Subm. itta~l by: Agenda No. O1.0l18b Department Orig~ort Dept. Head: General Services:~~.~_~ Date Submitted: 7/16/01 For Agenda of: 07/25/01 Exhibits: Scope of Work for Work Authorization Four EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: $ 92,320 $ 531,250 REQUIRED: N/A SUMMARY As yon are aware, earlier this year the City of Sebastian accepted a grant from the Florida Department of Transportation (FDOT), Aviation Section in the alnount of $425,000 for the construction of T-hangars. This figure represents 80% of the total project cost of $531,250. The remaining $106,250 will be funded from the Airport Enterprise Fund. Attached is proposed Work Authorization Four (4) for the LPA Group, Inc. to provide the City of Sebastian with engineering mad design services for the proposed T-Hangar development on the west side of the Airport, to include T-hangar buildings, connecting taxiway pavements, parking lot pavements, mad other miscellaneous improvements. Please note that the fee for this service ($92,320) includes all services to develop approximately 20-30 units, half of which will be fm~ded fi'om the above-mentioned grant. Future funding from FDOT (FY2001-2002) will allow for the construction of the remaining units. RECOMMENDATION Move to approve Work Authorization Fora- for the LPA Group, Inc. to provide the City of Sebastian with engineering and design services for the proposed T-Hangar development on the west side of the Airport, to include T-hangar buildings, connecting taxiway pavements, parking lot pavements, and other miscellaneous improvelnents. CITY OF SEBASTIAN (Florida) Work Authorization for Professional Services T-HANGAR DEVELOPMENT (Project identification No.) Four .C4), (Work Authorization No.) It is agreed to undertake the following work in accordance with the provisions of our Prime Agreement for Professional Services dated Ap..rfl. 28, 2000 Description of Assignment: (Attag. h.~d Exhibit A..) Provide the City of Se~stian with engineering and design services for the proposed T-Hangar development on the ~mde of the airport, to include T-Hangar buildings, connecting taxiway pavements, parking lot pavements, and other miscellaneous improvements. Basis of Compensation/Period of Services: (Attached Exhibit B) THE LPA GROUP will provide the above services for a Lump Sum amount of $92,320.00. These services will be performed in accordance with the schedule in Exhibit A, Page 3. Agreed as to scope of services, time schedule, and budget: For the CITY OF SEBASTIAN (FLORIDA) Fd TfWi,P NCORPOP. AT D Date: Date: ~2- y~a [ Attachments: Exhibit A, Scope of Work Exhibit B, Manhour Estimate Drawing 1: Project Location Drawing 2: T-Hangar Layout July 5, 2001 CITY OF SEBASTIAN (Florida) Work Authorization for Professional Services T-HANGAR DEVELOPMENT (Project Identification No.) Four £4) (Work Authorization No.) it is agreed to undertake the following work in accordance with the provisions of our Prime Agreement for Professional Services dated April 28, 2000 Description of Assignment: (Attached Exhibit A) Provide the City of S.el2qstian with engineering and design services for the proposed T-Hangar development on the~t.~'~ide of the airport, to include T-Hangar buildings, connecting taxiway pavements, parking lot pavements, and other miscellaneous improvements. Basis of Comvensation/Period of Services: (Attached Exhibit B) THE LPA GROUP will provide the above services for a Lump Sum amount of $92,320.00. These services will be performed in accordance with the schedule in Exhibit A, Page 3. Agreed as to scope of services, time schedule, and budget: For the C TV OF S ,BASTI (n omI)A) For ,iA Date: Date: 7-5'-0 ! Attachments: Exhibit A, Scope of Work Exhibit B, Manhour Estimate Drawing 1: Project Location Drawing 2: T-Hangar Layout July 5, 2001 EXHIBIT A SCOPE OF WORK SEBASTIAN MUNICIPAL AIRPORT CITY OF SEBASTIAN, FLORIDA T-HANGAR CONSTRUCTION I. PROJECT DESCRIPTION The project consists of the preparation of schematic drawings and technical specifications for 3 generic nested T-Hangar buildings, (1) - approx. 54' X 360', (2) - approx 54' x 230', each with a clear door opening of 12', and associated sitework. The general location is shown in Drawing 1, and the schematic drawing is shown in Drawing 2. II. PRE-DESIGN PHASE SERVICES TO BE PROVIDED BY LPA A. Field Survey (Subconsultant): Topographical survey including spot elevations on a 50' grid, and location of any above-ground features (Drawing 2). Geoteclmical Investigations (Subconsultant): borings and soil testing to support the design and construction of T-Hangar buildings and surrounding pavement at the locations shown on Drawing 2. Indian River County Coordination: A Pre-Application Meeting will be.required by the Cotmty to review the site plan and to address any changes to the codes. LPA will arrange and attend this meeting and furnish a site plan to the County for approval. D. Permit: LPA will attend a Pre-Application Meeting with SJWMD and prepare and submit SJWMD permit applications. IIi. DESIGN PHASE SERVICES TO BE PROVIDED BY LPA LPA will provide the following basic services for this project (see Exhibit B for man-hour and cost breakdown): A. Coordination with the City - LPA will conduct up to three meetings with the City to review the progress of the bidding documents. Coordination with the Fire Marshal - LPA will meet the City's Fire Marshal to review the City's fire requirements. One meeting is anticipated. T-Hangar Development 07/05/01 Page 1 Coordination with the Building Official - LPA will meet the Building Official to review the City's building code requirements. One meeting is anticipated. Technical Specifications - LPA will prepare Technical Specifications for the sitework and performance specifications with sufficient detail to allow for contracting the T-Hangar buildings as a Design/Build project. E. Construction Plans will consist of: Cover Sheet Project Layout and Safety Plan General Notes & Summary of Quantities Typical Sections and Paving Details Staking & Demolition Plans Grading & Drainage Plans Taxilane Profiles Parking Lot Paving and Marking Plan Water Supply Plan Sanitary Sewer - location of bathroom(s) in buildings, and connection to and schematic design of a septic tank and drain field system. Drainage Profiles Drainage Details Erosion Control Details Pavement Marking Basic Landscaping Plans T-Hangar schematic drawings: LPA will prepare schematic drawings with sufficient detail to-allow for contracting the project as a Design/Build project. The drawings will specify the building dimensions, including door openings, and will provide general details on electrical, plumbing, and foundation. LPA will also provide an Engineer's Report with the final cost estimate. LPA will provide five (5) sets of Plans, Specifications, and the Engineer's Report to the Authority and regulatory agencies for review at 95% and 100% comPletion. Bidding Documents - LPA will prepare the Final Documents for the City, including: 1. Drawings (.to be provided by LPA) 2. Technical Specifications (to be provided by LPA) 3. Bid Documents (to be provided by the City) 4. Contract Documents (to be provided by the City). IV. BIDDING PHASE SERVICES LPA will perform general coordination and: A. Distribute Bidding and Contract Documents to potential bidders; B. Prepare for and attend the Pre-Bid Conference; T-Hangar Development 07/05/01 Page 2 C. Issue addenda as necessary; D. Assist the City in opening, tabulating, and evaluating bids; and E. Assist the City in preparing the construction contracts. V. CONSTRUCTION PHASE SERVICES Additional agreements may be negotiated if LPA's services will be required during the construction phase. VI. ADDITIONAL PROVISIONS A. Topographic surveys and subsurface investigations are included in the scope of work. B. LPA will provide technical specifications and special terms and conditions. Bid Documents and Contract Documents will be generated by the City of Sebastian and returned to LPA for reproduction and distribution. C. The City will provide LPA access to the site and all available information pertinent to this project. VII. PERIOD OF SERVICES The following is an anticipated schedule for this project: A. Initial Coordination and Meetings 30 days B. Fieldwork 30 days C. 30% Plans 30 days D. 90% Plans and Specifications 60 days E. 100% Plans and Specifications 30 days F. Total time: 180 days The above schedule does not include the review time necessary by the City and the permit approval process, which may take up to 90 days. T-Hangar Development 07/05/01 Page 3 Exhibit B SEBASTIAN MUNICIPAL AIRPORT T-HANGAR DEVELOPMENT MANHOUR ESTIMATE Preliminary Design Item/Task Description Coordination with City Coordination with Fire marshal Coordination'with Building Department Coordination with FDOT Coordination with FAA (Aimpace Checklist) Site Visits Pre-Application meeting with SJWMD Coordination with Subconsultants Prepare/Submit Preliminary Plans Cover Sheet Project Layout & Safety Plan General Notes & Summary of Quantities Parking Lot Connector Taxiway Water Supply to Hangar Septic Tank/Drain Field Site Drainage & .Calculations T-Hangar Plan sheets Preliminary Construction Cost Estimate Quality Control Review Meeting with City Total: Project Manager 8 4 2 8 4 2 8 4 50 Engineer 16 4 4 2 4 8 4 8 2 4 4 2 16 24 '4 2 4 114 Technician 2 4 2 8 16 4 16 32 16 100 Technical Assistant 4 2 2 2 2 2 20 THE LPA GROUP INCORPORATED 7/5/01 Page B-I~ Exhibit B SEBASTIAN MUNICIPAL AIRPORT T-HANGAR DEVELOPMENT MANHOUR ESTIMATE Final Design Item/Task Description Coordination with City Final Site/Drainage Design Final Water/Sewer Design Final Plans Cover Sheet Project LayOut & Safety Plan General Notes & Summary of Quantities Parking Lot Connector Ta×iway Pavement Marking Water/Sewer Supply to Hangar Site Drainage Site Electrical T-Hangar Plan Sheets Contract Specifications Engineer's Report Prepare Permit Application Final Quantities and Cost Estimate Prepare/Submit Contract Documents Review Meetings with City Quality ContrOl Total: Project Manager 8 16 32 Engineer 16 36 32 2 2 8 8 2 4 16 4 32 24 16 16 4 4 8 234 Technician 2 2 4 32 36 4 8 40 8 72 4 4 2 8 226 Technical Assistant 4 24 8 8 2 8 54 THE LPA GROUP INCORPORATED 7/5/01 Page b-2 Exhibit B SEBASTIAN MUNICIPAL AIRPORT T-HANGAR DEVELOPMENT MANHOUR ESTIMATE Biddinc~ Phase Item/Task Description Advertise and Coordinate Distribute Bidding Documents Pre-Bid Conference Answers to Bidders/Issue Addenda Bid Opening Review Bids for Responsiveness Certified Bid Tabs/Award Contract Contract PreParation · Total: Project Manager 2 Engineer 4 2 4 8 Technician 16 Technical Assistant 2 2 2 4 4 2 2 8 12 26 20 34 Item/Task Description Project Manager No Construction Phase Activities at this time. Engineer Technician Technical Assistant Total: THE LPA GROUP INCORPORATED 7/5/01 Page B~ Exhibit B COST BREAKDOWN FOR SEBASTIAN MUNICIPAL AIRPORT T-HANGAR DEVELOPMENT BASIC SERVICES CLASSIFICATION PRELIMINARY DESIGN HOURS FINAL DESIGN HOURS BIDDING PHASE HOURS TOTAL HOURS Principal Project Manager Senior Engineer Engineer Designer Technician Technical Assistant TOTAL HOURS TASK COST 50 114 100 20 284 $21,506 32 234 226 54 546 $38,174 12 26 20 34 92 $6,242 94 374 346 108 922 $66,922 DIRECT EXPENSES Computer Reproduction Postage Communications- Travel Subconsultant Electrical Survey Geotech MEP 10% Fixed Fee on Subconsultant TOTAL EXPENSES $700 $1oo $25 $1oo $3,115 $2,500 $6,928 $2,OOO $1,454 $16,923 $1,582 $350 $50 $1,635 $2,000 $364 $5,981 $28 $500 $1oo $1oo $1,515 $1,000 $252 $2,310 $950 $175 $200 $6,265 $2,500 $6,928 $5,000 $2,069 $3,495 $26,398 TOTAL COSTS $38,429 $44,155 $9,737 $92,320 (i-I,E LPA GROUP INCORPORATED Page 8-4 / ./ ./' [L~A ~rojeet No-: JASON M'ILEWSI~ COMPA~¥D CITY OF SEBASTIAN 561-589-6209 THE LPA GROUP INCORPORATED 12000 ResearCh Parkway, Suite Orlando, FL 32826-3287 407-306-0200 407-306-0460 (fax) FI~OM: SUI~47ECT: MARK C. JANSEN T-HGR DESIGN PHASING FAX NO.: Mr. Milewski: la response to your question regarding design phasing, please be advised that the design of the T-Hangars as detailed in our recently submitted scope and fee proposal will be done as one complete package. Any phasing of the ~onstructien due to financing will happen independent of the desigm If you have an~' questions, please feel free to call. ~n~ll The I.,PA Group Incorporated C:Lpm~-.t~,~T^412(X)6 (T-Hangar~}~0b devcloorr~t\fa~-mllewski-des~gn ~estng.do~ u/~b.'e ~]/'Award Con~ct to · ~ln¢. Terrencc/,,~l'oore, City Manager Agenda No.01. :[ 8 9 Dept. Origin: ~~~~ ' Cit~ ~Er~gineer Finance:(~ General Services Date Submitted: AS TO BUDGET ONLY 07/16101 For Agenda of: 07126101 Exhibits: RFP Ranking & Scoring Matrix - Dated July 9, 2001 EXPENDITURE REQUIRED: $64,640 BUDGET AVAILABLE: $65,000 APPROPRIATION REQUIRED: NONE SUMMARY As part of the overall stormwater management process for the City of Sebastian, and the environmental protection of the Indian River Lagoon System, the Elkcam and Stonecrop Dams ware constructed in an effort to insure the water quality flowing into the south prong of the Saint Sebastian River and eventually into the lagoon system, a water quality monitoring program was developed by the St. John's River Water Management District (SJRMWD). Toward this end, request for proposals (RFP) ware sent out to environmental 'firms to provide water quality and analytical services at key locations within the water system. Two firms specializing in this type of service ware selected to make presentations on July 9th before a selection committee consisting of General Services Administrator, Paul Wagner, Engineering Technician, Ginny Sieferd, City Engineer, Ralph Brescia and two environmental scientists from the SJRWMD, Mr. Whitney Green and Mr. Tom Ziegler. The SJRWMD is providing $45,000 in grant funds towards this project. The attached scoring matrix indicates that the firm of Environmental Research & Design, Inc. from Orlando received the highest scores from the selection committee, therefore, the Selection Committee seeks your support to award the Contract to Environmental Research. RECOMMENDED ACTION Move to award the Water Quality/Quantity & Analytical Services Contract to Environmental Research & Design Inc. from Orlando in conjunction with SJRWMD Grant requirements for same. uJ w ~ o  ~o ~o o m City of Sebastian, Florida OFFIC~ OF TH~ C1T~z ATTORI~EY AGENDA TRANSMITTAL Subject: Resolution R-01-57; repeal of water shortage emergency Agenda No. 01.025 Date Submitted: 7/19/01 For Agenda of: 7/25/01 SUMMARY: Pursuant to direction of Council, a resolution is brought forward to repeal the declaration of water shortage emergency made May 30, 2000, as well as the emergency restriction on landscape watering passed pursuant to Resolution R-01-19 on April 11, 2001. RECOMMENDED ACTION: Adopt Resolution R-01-57, if desired. ~, AUTHORIZED PLACEMENT ON AGENDA BY CITY MANA RESOLUTION NO. R-01-57 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, LIFTING EMERGENCY WATER RESTRICTIONS; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. WHEREAS, for more than three years the City of Sebastian and much of the state of Florida has been in the midst of a drought of historic intensity; and WHEREAS, the primary source of drinking water for the citizens of the City are private wells, which are going dry with increasing regularity; and WHEREAS, the City Council has previously declared a water shortage emergency for the City; and WHEREAS, under the authority of City Code section 102-82, City Council enacted further restrictions as to water use during such water shortage emergency by way of Resolution R-01-19; and WHEREAS, the City of Sebastian has received sufficient rainfall to justify returning to the otherwise stringent year-round watering restrictions; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. WATER SHORTAGE EMERGENCY LIFTED. The City Council of the City of Sebastian does hereby lift the Water Shortage Emergency declared on May 30, 2000. Section 2. EMERGENCY RESTRICTIONS REPEALED. The City Council of the City of Sebastian does hereby repeal Resolution R-01-19, adopted on April 11, 2001 and lift the additional emergency water use restrictions contained therein. Section 3. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 4. EFFECTIVE DATE. immediately upon its adoption. This resolution shall take effect The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Walter Barnes Vice-mayor Ben A. Bishop Councilmember Joe Barczyk Councilmember James Hill Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Resolution duly passed and adopted this 25th day of July, 2001. CITY OF SEBASTIAN, FLOR]DA ATTEST: By: Mayor Walter Barnes Sally A. Maio, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney City of Sebastian, Florida OFFIC~ OF Tf~ CITY~ ATTOrneY AGENDA TRANSMITTAL Agenda No. Subject: Resolution '~1L01-59; Water Utility Blue-Ribbon Panel 01.190 Date Submitted: 7/19/01 For Agenda of: 7/25/01 SUMMARY: This resolution establishes a blue-ribbon panel of knowledgeable volunteers to be selected by Council to investigate and render a fact-finding report by March 1, 2002 on the County Water Utility expansion into the City. It further requests full cooperation from the County Commission and their appointment of a liaison. RECOMMENDED ACTION: Adopt Resolution R-01-59. ~ R'~/~[ AUTHORIZED PLACEMENT ON AGENDA BY CITY MANA RESOLUTION NO. R-01-59 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, FORMULATING FACT-FINDING PANEL FOR WATERLINE EXPANSION PROJECT; REQUESTING COUNTY ASSISTANCE; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City of Sebastian and Indian River County entered into an interlocal agreement conveying the City water and sewer utility program to the County; and WHEREAS, the Waterline Expansion Project within the City of Sebastian has accelerated in 'the past year; and WHEREAS, the citizens of the City of Sebastian have raised numerous questions about the logistics of the Project and how charges are determined, and City representatives do not have a sufficient grasp of the complex workings of the Project to answer these questions or otherwise determine the overall impact on the City's future; and WItEREAS, the City Council of the City of Sebastian determines that it would be in the public interest to have a Blue-Ribbon Panel of knowledgeable volunteers research and analyze the background, structure, comparative logistics and financial mechanisms of the Waterline Expansion Project and render a full written report of the same to the City Council so that the residents of Sebastian can reach the level of comfort that only comes with a complete understanding of the actions of their governments; and WHEREAS, the mission tendered this panel can be most readily and comprehensively achieved with the full cooperation and assistance of the relevant personnel within the Indian River County government; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. BLUE-RIBBON PANEL ESTABLISHED. The City Council of the City of Sebastian hereby establishes a fact-finding panel to be called the Water Utility Blue-Ribbon Panel for the purpose of investigating, compiling and analyzing information on the background, structure and comparative logistics of the County Waterline Expansion Project within the City of Sebastian, and said Panel is charged with rendering a written report of its findings to the City Council by March 1, 2002. The City Attorney shall be staff advisor and liaison to the Panel. Section 2. PANEL COMPOSITION. The Panel shall be composed of five to seven residents, property owners or business owners within the City of Sebastian each of which by background or training shall bring special knowledge to assist in the endeavors of the Panel. The City Attorney shall solicit interest from qualified individuals and submit the names of potential members to the City Council who shall select the membership and a chairman of the Panel by majority vote. The Panel shall thereafter set its own procedures and meeting schedule. Section 3. REQUEST TO COUNTY. The City Council hereby respectfully requests that the Board of County Commissioners of Indian River County solicit the full assistance and cooperation of its Staff with the Blue-Ribbon Panel in its reasonable requests as it seeks to fulfill the mission and endeavors with which it is hereby charged, and that the Commission name a County liaison to the Panel. Section 4. CONFLICTS. conflict herewith are hereby repealed. All resolutions or parts of resolutions in Section 5. EFFECTIVE DATE. effect immediately upon its adoption. This resolution shall take The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember into a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ben A. Bishop Councilmember Joe Barczyk Councilmember James Hill Counciknember Edward J. Majcher, Jr. The Mayor thereupon declared this Resolution duly passed and adopted this 25th day of and, upon being put July, 2001. CITY OF SEBASTIAN, FLORIDA ATTEST: only: Sally A. Ma/o, CMC City Clerk By: Mayor Walter Barnes Approved as to form and legality for reliance by the City of Sebastian Rich Stringer, City Attorney HOME O~ PEUCAN 15L~D City of Sebastian, Florida Subject: Resolution No. R-01-58 Amending Fiscal Year 2001 General Fund, Recreation Impact Fee Fund, and the Airport Fund Budgets Agenda No. 01.031 Department Origin: Financ~ Date Submitted: July 18, 2001 For Agenda of: July 25, 2001 Exhibits: * Resolution No. R-01-58 , ,.~ Quarter Budget Review Memorandum , Project Status Reports by fund as of June 30, 2001 * ......Investment Summary as o.f...June 30, 2001 EXPENDITUI>,.E AMOUNT BUDGETED: REQUIRED: N/A N/A APPROPRIATION REQUIRED: N/A SUMMARY Pursuant to policy established in the previous fiscal year, budget reviews and adjustments shall be presented to the City Council on a quarterly basis. In addition, project stares reports and an Investment Summary is also included for your review. In keeping with the ability of the City to react to changes as they occur during the course of a year and matching it with the ability to take advantage of them, we are recommending increasing the General fund by $37677, newly created Recreation Impact Fee Fund by $39,545, and the Airport fund by $32,609. The enclosed memorandum of the~t~ Quarter Budget review sets forth the various reasons and amounts which specifically make up the totals above. RECOMMENDED ACTION Move to approve R-01-58 RESOLUTION NO. R-01-58 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2000 AND ENDING SEPTEMBER 30, 2001 AS PROVIDED FOR IN EXI-IIBIT "A"; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WltEREAS, on September 27, 2000, the City of Sebastian adopted Resolution No. R-00-50 providing for the adoption of the City's 2000-01 budget; and WHEREAS, an analysis of the revenues and expenditures for the nine (9) months ended June 30, 2001 has indicated that some adjustments are necessary, NOW, THEREFORE, BE IT RESOLVED BY TIlE CITY COUNCIL OF TIlE 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, 2000 and ending September 30, 2001 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 parts of resolutions in conflict herewith are hereby repealed. Section 3. This Ordinance shall be come effective on June 30, 2001. 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 Ben Bishop Councilmember Joe Barczyk Councilmember Ed Majcher, Jr. Councilmember James A. Hill The Mayor thereupon declared this Resolution duly passed and adopted this 25th day of July, 2001. CITY OF SEBASTIAN, FLORIDA By: Mayor Walter Barnes ATTEST: Sally A. Maio, CMC City Clerk Approved as to form and content for reliance by the City of Sebastian only: Rich Stringer, City Attorney 2 APRIL 1, 2001 AMENDED BUDGET GENERAL Revenues $ 7,553,623 Expenditures $ 7,553,623 LOCAL OPTION GAS TAX Revenues $ 543,160 Expenses $ 543,160 DISCRETIONARY SALES TAX Revenues $1,948,970 Expenditures $1,948,970 RIVER.FRONT REDEVELOPMENT Revenues $ 95,586 Expenditures $ 95,586 RECREATION IMPACT FEE FUND Revenues $ - Expenditures $ - DEBT SERVICE FUND Revenues $ 64,874 Expenses $ 64,874 GOLF COURSE Revenues $ 2,397,735 Expenses $ 2,397,735 ADJUSTMENTS 37,677 37,677 $ 39,545 $ 39,545 JUNE 30, 2001 AMENDED BUDGET $ 7,591,300 $ 7,591,300 $ 543,160 $ 543,160 $1,948,970 $1,948,970 $ 96,586 $ 96,586 $ 39,545 $ 39,545 $ 64,874 $ 64,874 $ 2,397,735 $ 2,397,735 AIRPORT Revenues $ 300,731 $ 32,609 $ 333,340 Expenses $ 300,731 $ 32,609 $ 333,340 MAJOR EQUIPMENT REPLACEMENT FUND Revenues 'Expenses $1,006,100 $1,006,100 $1,006,100 $1,006,100 EXHIBIT A HOJ~ OI~ PEL~G~ TO: MAYOR AND CITY COUNCIL FROM: CiTY MANAGER DATE: JULY 18, 2001 SUBJECT: 3rd QUARTER BUDGET REVIEW- JUNE 2001 As of June 30, 2001, the status of budgets for the major operating funds was as follows: % OF BUDGET AMENDED RECEIVED/ BUDGET RECEIVED/ BUDGET EXPENDED BALANCE EXPENDED GENERAL Revenues $ 7,553,623 $ 6,043,731 $1,509,892 80.0% Expenditures $ 7,553,623 $ 5,049,878 $ 2,503,745 66.9% GOLF COURSE Revenues $ 2,397,735 $1,833,656 $ 564,079 76.5% Expenses $ 2,397,735 $1,916,910 $ 480,825 79.9% AIRPORT Revenues $ 300,731 $ 173,099 $ 127,632 57.6% Expenses $ 300,731 $ 181,033 $ 119,698 60.2% Highlights of the six month stares analysis include: Overall revenues supporting the General fund are being received as planned. During the nine months ended June 30, 2001, 80.0% of the budgeted revenues were received. The third quarter budget review includes recommendations to increase overall revenue by $37,677 that consists of $2,750 in Mobile Home Licenses, $13,803 in PD Overtime Fees, $12,920 in Skate Facility Fees, $14,825 in Sale of Fixed Assets, $1,515 in Contributions and Donations, $1,864 in Insurance Proceeds and a reduction of $10,000 in Admin Service Fees to the Riverfront Redevelopment Fund. The General fund has expended 66.9% of its budgeted expenditures, however, due to offsets to revenue received, such as expenditures in overtime for the. Florida Tobacco Program, donations received to offset expenditures for plantings, as well as insurance proceeds for repairs to vel'deles and skate facility start up costs, there are recommended net increase in expenditures of $37,677. Special Revenue Funds The Discretionary Sales Tax, Local Option Gas Tax Special Revenue and Riverfront Redevelopment funds are receiving revenue as planned and recording expenditures as expected. There are no recommended changes to these funds for the third quarter. Due to the passing of the Recreation Impact Fee Ordinance with an effective date of August 1, 2001, we are adding and additional special revenue fund for capturing these earmarked revenues. Therefore, a recommended budget for the last two months of the year is $39,000 in impact fees and an additional $545 in interest earned on those funds. Since these funds w/Il no be used in the current fiscal year for funding recreational improvement projects, the proposed expenditure increase is in the Unappropriated account of $39,545. 2. Debt Service Fund Overall, the debt service fund is receiving revenue as planned and debt service payment has been made. There are no changes to this fund for the third quarter. 3. Capital Projects Funds Enclosed with this budget review are capital project status reports. There is one addition to capital projects for the third quarter. $29,525 for the purchase and installation of the Clock Tower. This is funded by $24,530 in donations from the 75t~ Anniversary Fundraisers and 5,000 in budget savings in the General Capital Projects Fund 4. Golf Course Fund The Golf Course fund is receiving and expending funds as anticipated. There are no recommended changes to this fund for the third quarter 5. Airport Fund Overall revenues and expenses are being received and expended as planned in the third quarter. There is one adjustment to the Airport Fund for the prior approval of a Joint Anticipation Agreement for the purpose of purchasing a tractor and ground to air radio for the Airport. This is an increase in grant funds and for capital outlay in the amount of $32,609. Staff has kept well within the adopted budget in all funds to maintain maximum fiscal flexibility. Staff will continue to monitor and review each position vacancy as it occurs for service level consequences. Terrence R. Moore, City Manager 2 ANALYSIS OF GENERAL FUND REVENUE Overall revenues supporting general fund activities are being received as planned. A total of $6,043,731 or 80.0% of the $7,553,623 amended budget was received during the first nine months of the year. This percentage is high due to 100 percent property taxes being received during the none months ended June 30, 2001. Last year 75.1% of budgeted revenue was received during the same period. TAXES: Real and Personal Property Tax Collections were 100% of budget which is higher than fiscal year 1999-00 when 97.0% of the property tax budgeted was collected. The Franchise Fees and Utility Service Taxes will be monitored for the remainder of the year, as most of them are below the 75% collection estimate for the first 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. LICENSES AND PERMITS: Occupational and Professional Licenses are being received as planned w/th 88.7% of budgeted revenues received as compared to last year at 89,9% for the same period. Construction permitting is slightly below the 75% level for nine months at 63.8% of budgeted revenues. While revenues are down slightly, no change is recommended at this time. Generally there are spurts in permitting and although permitting has slowed slightly during the six months ended March 31, 2001, they have picked up in the third quarter with 74 permits being issued. The final quarter of the year should bring us within budgeted revenues for the fiscal year. INTERGOVERNMENTAL REVENUE: During the nine months ended June 30, 2001, the City has received 70.4% of the projected revenue which is well below the last ~ear's amount of 98% for the same period. This is 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. In addition, since a greater share of revenue is from municipal revenue sharing, and that there is generally no distribution in June for this source (though it is doubled up in July) the amount will be lower than anticipated. The City is confident however, that the remaining amount will be collected before year end. We are, however, recommending an increase in Mobile Home Licenses, which is well above the originally calculated budget based upon prior years, of $2,750. GENERAL GOVERNMENT REVENUE: During the nine months ended June 30, 2001, the City has received 99.7% of the budgeted revenues in this group. This compares favorably with collections in the previous year of 98% for the same period. We are, however, recommending the and increase for PD Overtime Fees of $13,803 for reimbursements associated with the Proximity Tobacco Enforcement program with the Division of Alcoholic Beverages and Tobacco. This is a direct reimbursement of costs and the corresponding expenditure increase will be discussed later under the Police Department Budget. Also, we are recommending a budget for the four months associated with the Skate Facility being open of $12,920 offset by a decrease in Admin Service Fees to the Redevelopment District of $10,000. FINES AND FORFEITURES: During the nine months ended June 30, 2001, 63.8% of budgeted revenue had been collected or received as compared to 92.0% in the prior year. This reflects a downward trend in traffic citation revenue in the current year. Although, total fines and forfeitures are less than last year, we are beginning to see an increase towards the end of year in traffic citations and believe this trend will continue through to year end. MISCELLANEOUS REVENUES: During the nine months ended June 30, 2001, the City has received 92.1% of miscellaneous revenues. This compares to 81.4% received in the prior year for the same period. This is primarily due to the revenues being collected well in excess of expectations. We are recommending Sales of Fixed Assets be increased by $14,825 for the May 19, 2001 auction, bring the total $48,290 in auction proceeds for the year, Contributions and Donations of $1,515 which is offset by expenditures for which these donations were earmarked, and $1,864 in Insurance Proceeds offset by expenditures associated with repairs of damaged vehicles and for a cut BellSouth Line. OTHER REVENUE SOURCES: Other revenue sources remains constant for this quarter and there is no changes recommended at this time. The following changes are a summary of the analysis above and are the net recommended changes to the revenue accounts: ... ~ AME~ED REVISED 2000-2001 RECOM3'IENDED 2000-2001 Department: General Fund BUDGET CItANGES BUDGET Taxes 4,151,027 0 ~!51,027 Licenses and Permits 486,764 0 486~764 Intergovernmental 1~537,486 2,750 1,540,236 Charges for Services .... 208~542 16,723 225~265 Fines and Forfeits 149,775 0 149,775 M_i.s_c. ellaneous Revenues343~514 18~204 361~718 Interfund Transfers 341,620 0 341~620 Non-Revenue Sources. .............. .334~895 0 334,895 Total 7,553623 37j677 7,591,300 NET RECOMMENDED INCREASE TO TI:~ GENERAL FUND REVENUES $37,677. ANALYSIS OF GENERAL FUND EXPENDITURES The recommended adjustments to the General Fund departmental expenditure accounts include increased funding for offsets of revenues received after the fact, i.e. Skate Facility Fees, PD Overtime Service Fees, Donations, and Insurance Proceeds Most departmental percentages were at or below the 75% level for the nine months ended June 30, 2001. In addition, there are additional funding requests included by department. EXPENDITURES: ~ ADJUSTED REVISED D.e. partment: City Clerk 2000-2001 RECOMMENDED 2000-2001 BUDGET CHANGES BUDGET PERSONAL SERVICES 210,575 0 210,575 OPERATING EXPENDITURES 80,262 0 80,26~ CAPITAL OU..T..LAY ......................... 21,500 12~,048 33,548 Total ....... .3.1_.2.,337 12,048 324,385 Capital Outlay - $12,048 is for purchase of video equipment prev/ously appropriated from contingency and approved by Council, however, this is the formal increase in the budget. IDepartment: Legal 2000-2001 RECOMMENDED12000-2001 BUDGET CHANGES BUDGET PERSONAL SERVICES 94,843 598 95,441 :OPERATING EXPENDITURES 14,377 0 14~37~ :CAPITAL OUTLAY 0 0 ~] Total 109,220 598 109,818 Personal Services - Increase associated council approved salary increase for City Attorney. De~partment: Police 2000-2001.. I~C0~NDED 2000-2001 Administration Division BUDGET C]~kNGES BUDGET PERSONA~. SERVICES 302~439[ (17,218) 285,221 OPERATING EXPENDITURES 61,9151 25,800 87,715 CAPI!A.~.' OUTLAY 1,5011 0 ..... 1,~0.0' Total 365,854 8,582 374,436 Personal Services - Decrease results from reclassification of budget for purposes of contractual services with the Indian River County Sheriffs Office for interim Police Chief services. The decrease in funds available for payment of the contract for interim Police Chief Services is due to the addition of a temporary part-time clerical position added for the purpose of accreditation and alarm tracking in accordance with the alarm Ordinance. Operating Expenditures - Increase reflects the cost of the Interim Police Chief services with the Indian River County Sheriff's Office in the amount of $24,800 as well as a reclassification of budget from the Patrol Division for an increase in departmental supplies associated with Records Management of $1,000. REVIS :D 2000-2001"" Department: Pg.h'.ce 2000-2001 !RECOMMENDED Patrol Division BUDGET CItANGES BUDGET ...PERSONAl, SE. RVICES 1~123,194 11,042 1,134,23,6 OPERATING EXPENDITURES 110,561 (735) 109,826 CAPITAL OUTLAY 27,231 0 27,231 Total ... 1,260,986 1.0.73.0.? 1~271,293 Personal Services - Increase reflects reimbursed costs associated with Division of Alcoholic Beverages and Tobacco's Tobacco Proximity Tobacco Enforcement Program. Operating ExpenditUres -Decrease accounts for donation of various office equipment from Crime Stoppers for $265offset by a reclassification of budget for departmental supplies to the Administration Division. ADJUSTED REVISED Department: Police 2000-2001 RECOMMENDED 2000-2001 Detective Division BUDGET CltANGES BUDGET PERSONAL SERVICES 301~875 2,761 304,6.3..6. OPERATING EXPENDITURES 55,178 ~ 55~178 CAPITAL OUTLAY 6~500 ~ 6,500 iTotal 363,553 2,761 366,314 Personal Services - Increase reflects reimbursed costs associated with Division of Alcoholic Beverages and Tobacco's Tobacco Proximity Tobacco Enforcement Program. 6 ADJUSTED REVISED Department: Roads & 2000-2001 RECOMMENDED 2000-2001 ~rainage BUDGET CHANGES BUDGET PERSONAL SERVICES 761,114 0 761,114 OPERATING EXPENDITURES 262~, ,5, ,12 1,847 264,359 CAPITAL OUTLAY 38,314 0 38,314 Total 1,061,940 1,847 1,063,787 Operating Expenditures - Increase is a result of an insurance reimbursement for a cut telephone line charged to other contractual services and an increase for the City's assumption of the maintenance fee for the Main Street Railroad Crossing which is currently assigned to the County, however, it does belong to the City. ADJUSTED REVISED Department: Building 2000-2001 RECOMMENDED 2000-2001 Maintenance BUDGET CHANGES BUDGET PERSONAL SERVICES 128,784 0 128,784 OPERATING EXPENDITURES 46~231] 5,124 51~354 CAPITAL OUTLAY t1 0 0 Total 175,014 5,124 180,138 Operating Expenditures - Increase results from funding the cost of mai or repairs (not capital related) to the electronic systems for the Police Department HVAC system. This was not anticipated at the beginning of the year for budgeting purposes. ADJUSTED REVISED Department: Parks & 2000-2001 RECOMMENDED 2000-20,0! Recreation BUDGET CltANGES BUDGET PERSONAL SERVICES 368,761 10,3041 379,065 OPERATING EXPENDITURES' 122,935 2,8681 125,803 cAPITAL OUTLAY 15,195 01 15,195 Total 506,891 13,172 520,063 Personal Services - Increase reflects estimated cost wage cost of Skate Facility Attendants along with the City's portion of FICA. Operating Expenditures - Increase results from an Insurance reimbursed cost of a vehicle and the donation of funds for the purpose of planting the East side of City Hall building. 7 ................... ADJUSTEDI REVISED~ Department: Non-departmental 2.0.~0-2001 ..RECOMMENDED 2000-2001 BUDGET CHANGES BUDGET OPERATING EXPENDITURES .............. 646,!53 0 646,153 INTERFUND TRANSF.E..RS ......... 464~554 0 464~554 CONTINGENCY 79,517 (16,762) ........... 62,755 Total 1,190,224.. (16,762) 1,173,462 Contingency - Decrease is the net result of the various budget adjustment outlined above. Following is a summary of the General fund Departments and Divisions explained above: FUND & ACCOUNT DESCRIPTION AMENDED RECOMMENDED AMENDED INCREASE BUDGET CHANGES BUDGET DECREASE GENERAL FUND OPERATING EXPENDITURES AND CAPITAL OUTLAY BY DEPARTMENT/ DIVISION: LEGISLATIVE CITY MANAGER CITY CLERK LEGAL FINANCE HUMAN RESOURCES POLICE DEPARTMENT ADMINISTRATIVE DIVISION I~ATROL DIVISION CODE ENFORCEMENT DETECTIVE DMSION COMMUNICATIONS DIVISION ENGINEERING PUBLIC WORKS: ROADS & DRAINAGE GARAGE PERSONNEL BUILDING MAINTENANCE PARKS & RECREATION CEMETERY GROWTH MANAGEMENT BUILDING DEPARTMENT NON-DEPARTMENTAL TOTAL OPERATING EXPENDITURES AND CAPITAL OUTLAY BY DEPARTMENT/DMSION: 34,601 258,390 312,337 109,220 297,978 186,921 365,854 1,260,986 93,199 363,553 309,817 271,381 1,061,940 131059 175 014 506 891 93 940 243 541 286 777 1,190,224 0 34,601 0 0 258,390 0 12,048 324,385 12,048 598 109,818 598 0 297,978 0 0 186,921 0 0 8,582 374,436 8,582 10,307 1,271,293 10,307 0 93,199 0 2,761 366,314 2,761 0 309,817 0 0 271,381 0 0 1,847 1,063,787 1,847 0 131,059 0 5,124 180,138 5,124 13,172 520,063 13,172 0 93,940 0 0 243,541 0 0 286,777 0 (16,762) 1,173.2.462 (16,762) ..... ~,553,623 37,677 7,591,300 NET RECOMMENDED INCREASE TO Tlt~E GENERAL FUND EXPENDITURES 37,677 $37,677. ANALYSIS OF RECREATIONAL IMPACT FEE SPECIAL REVENUE FUND Revenues: ~ADJUSTED REVISED ~pecia~Reycnue Fund - 2000-2001 RECOMMENDED 2000-2001 Recreation Impact Fee BUDGET C.,..,H:p~GES BUDGET Recreation Impact Fees ....... 0 .. 39,000 39~00~ Other Revenue 0 5451 545 Total 0 39,545 .39~545 Recreation Impact Fee - Increase results from implementation of the Recreation Impact Fee as of August 1,2001 and the estimate of revenue to be received for the last two months of the fiscal year. Other Revenue - Increase results from anticipated interest earned on the Recreation Impact Fees collected. Expenditures: ADJUSTED REVISED Special Revenue Fund - .__ 2000-2001 RECOMMENDED 2000-2001 Recreation Impact Fee BUDGET CHANGES BUDGET OPERATING EXPENDITURES 0 0 ~ CAPITAL OUTLAY 0 0 ~ INTERFI. TND TRANSFERS 0 0 I] UNAPPROPRIATED 0 39,545 39,545 Total 0 39,545 39,545 Unappropriated - Increase results from the funds anticipated to be collected in final two months of fiscal year and the fact that they will not be spent on any projects in the current fiscal year. ANALYSIS OF CAPITAL PROJECTS Capital Projects are proceeding as expected (See enclosed project summaries by fund). The following capital projects are proposed to be 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 Comments Clock Tower Project $29,525 Donations/ Budget Svgs $24,525 in donations, brick purchases-75th Anniversary Program and budget savings with fund. Revenue: ANALYSIS OF AIRPORT FUND ~IADJUSTED REVISED 2000-2001 iRECOMMENDED 2000-2001 Airport Fund BUDGET CHANGES BUDGET ~ants 0 32~609 32,609 Rents & Royalties 181,339 il 1812339 Other Miscellaneous Revenue 5,000 0 5,000 Non-Operating Revenue 114,392 0 114,392 total 300,731 32,609 333,340 Grants - Previously approved by Council. Amount represents FDOT Joint Participation Agreement share in purchasing Mower and air to ground radio. Expenses: ADJUSTED REVISED Airport: 2000-2001 'RECOMMENDED 2000-2001 Administrative BUDGET CHANGES BUDGET PERSONAL SERVICES 46,737 0 46,737 OPERATING EXPENDITURES 67,060 0 67,060 CAPITAL OUTLAY 37,397 32,609! 70~006 INTRAFUND TRANSFERS 140,000 01 140~000 CONTINGENCY 9,537 Il 9,537 Total 300,731 32,60~ 333,340 Capital Outlay - Increase represents grant assisted purchase of a mower and ground to air radio. 10 FUND 310 AS OF JUNE 30, 2001 Proje~ Number COIO1 CIIO1 Cl102 Cl103 Cl104 Description City Hall Renovation Cemetery Gate Arches Replacement Riverview Park Playground Equipment (CLOSED) Seaming/Imaging System Derelict Vessel Removal Current Prior Balance Year Year All Years to % Budget Exuenditure~ ExPenditures Expenditure~ ~ Complete Complete 200,000.00 44,773.99 53,146.71 97,920.70 28,537.00 73,542.30 48.96% 27,661.00 1,025.87 1,025.87 22,566,00 4,069.13 3.71% 23,860.00 23,836.22 23,836.22 23.78 99.90% 24,800.00 19,495.89 19,495.89 1,250.00 4,054,11 78.61% 31,094.00 6,900.00 6,900.00 21,700.00 2,494.00 22.19% ...3..0~7415;00~ . 96,031.97 53,146:7!,. ,.149,178.68 74,053.00 84,183.32 CITY OF SEBASTIAN CAPITAL IMPROVEMENT PROJECTS FUND 320 AS OF JUNE 30, 2001 Project Number C0201 C0202 C0204 C0213 C1201 C1202 C1203 C1204 C1205 C1206 C1207 C1208 C1209 C1210 C1211 C1212 C1213 C1214 C1215 C1216 C1217 C1218 C1219 C1220 C1221 C1222 C1223 C1224 C1225 C1226 C1227 C6201 C6202 C6204 C7203 C7204 C8202 C9201 C9208 Description Stormwater Management Plan Update BSSC FY 2001 improvements Compound Storage Shed Rotary Boardwalk (CLOSED) THREE Welcome Signs Riverview Park Improv Phase I FY01 Reroof Shelters ~ Parks Schumann Park Improvements Chemical Storage Facility (Closedto C9201) Land Purchase & Compund Extension Perimeter Culvert-Columbus (CLOSED) Majestic/Seahouse Road Crossing (CLOSED) Floriland Perimeter Culvert (CLOSED) Lanfair/Shakespere Road Crossing (CLOSED) S. Wimbrow/Columbia Rd Culvert (CLOSED) Dickens Side Yard Culvert - Blk 294 (CLOSED) Dock SY - Lot 9/10, B494, U15 (CLOSED) Joyhaven SY-Lot 22/23, BK 390, U11 (CLOSED) Bayharbour SY~Lot 27, BK 257, U10 (CLOSED) Blossom SY-LOt 8, BK 168, U5 (CLOSED) Garden Club Park lmgation Fleming St Drainage (Swales, etc.) Majestic SY-LOt 10/11, blk 316, U13 (CLOSED) Floraland SY-Lot 19/20, blk 126, U4 (CLOSED) Orange Ay Swale Reconstuct Solgot/Main St Xing - Unit 1 SolgoffSY Culvert Lot 9/10, Blk 2, Unit 1 (7) Perimeter Culverts - Unit 2 Durant Street #2 (2 Culvert Pipes) Mulberry SY Culvert-L22/23 Unit 4 Duram Street #1 (2 Perimeter Culverts) Side Yard Culvert Pipes (CLOSED) Elldaam Dam Road Drainage Improvement CLOSED) Community Center Improvements Yacht Club Renovation Blossom Drainage Improvements DPW Compound Improvementa Hardee Park Restroom Improvements Current Year Budget Exoenditures 200,000.00 101.71 314,100.00 201,268.13 13,586.00 11,156.82 29,222.00 23,384.16 20,000.00 15,278.60 295,000.00 2,369.12 6,000.00 780.86 87,000.00 2,405.26 0.00 0.00 31,509.00 0.00 4,000.00 2,573.52 9,430.00 4,248.02 8,318.00 4,913.37 6,127.20 1,570.60 8,539.05 8,002.47 9,738.86 9,738.86 6,838.05 6,838,05 10,760.35 10,760.35 5,138.37 5,138.37 9,918.00 6,266.13 4,500.00 3,089.46 17,000.00 6,793.79 6,900.00 6,464.42 7,400.00 4,637.58 48,090.00 7,318.99 9,725.00 2,561.98 13,268.00 2,442.13 14,972.00 9,750.00 2,110.00 364.32 14,500.00 1,560.24 4,700.00 2,426.29 150,196.86 34,601.61 1,021,200.00 297,436.59 1,313,205,67 19,701.05 40,213.00 405.88 66,421.00 30,961,49 198,200.00 0,00 125,435.00 46,055.05 57,562.00 34,041.48 4,190823.41 _82~,~06,75 Prior Balance Year All Yea~ to .Exuenditums Expenditures ~ Compl~e Comulete 5,000.00 5,101.71 150,000.00 44,898.29 77.55% 559.32 201,827.45 33,599.00 78,673.55 74.95% 625.75 11,782.57 1,803.43 86.73% 3,877.45 27,261.61 1,960.39 93.29% 15,278.60 4,721.40 76.39% 2,369.12 292,630.88 0.80% 780.86 5,219.14 13.01% 2,405.26 26,817.00 57,777.74 33.59% 0.00 0.00 #DW/O! 0.00 31,509.00 0.00% 2,573.52 1,426.48 64.34% 4,248.02 5,181.98 45.05% 4,913.37 3,404.63 59.07% 1,570.60 4,556.60 25.63% 8,002.47 536.58 93.72% 9,738.86 0.00 100.00% 6,838.05 0.00 100.00% 10,760.35 0.00 100.00% 5,138.37 0.00 100.00% 6,266.13 3,651.87 63.18% 3,089.46 1,410.54 68.65% 6,793.79 1,380.00 8,826.21 48.08% 6,464.42 435.58 93.69% 4,637.58 2,762.42 62.67% 7,318.99 4,221.00 36,550.01 24.00% 2,561.98 7,163.02 26.34% 2,442.13 10,825.87 18.41% 9,750.00 5,222.00 65.12% 364.32 1,745.68 17.27% 1,560.24 2,959.00 9,980.76 31.17% 2,426.29 2,273.71 51.62% 115,595.25 150,196.86 0.00 100.00% 462,762.07 791,049.75 18,032.00 212,118.25 79.23% 1,293,504.62 1,313,205.67 (0.00) 100.00% 2,380.77 2,786.65 37,426.35 6.93% 7,442.55 38,404.04 23,912.00 4.104.96 93.82% 0.00 0.00 198,200.00 0.00% 76,723.69 122,778.74 0.00 2,656.26 97.88% 1,617.29 35,658.77 19,494.00 2,409.23 95.81% 1,970,088.76 2,828~,,~.~6.~0 2fl0,414.00 1,082,062.81 CITY OF SEBASTIAN TRANSPORTATION CAPrIAL PROJECTS FUND 330 AS OF JUNE 30, 2001 Pr~ect Number C0301 C0302 C1301 C1302 C1303 C1304 C1305 C1306 C1307 C9301 D0scrimion Median Improvement Program (CLOSED) Fleming Street Sidewalk Barber St Improvements Phase I Barber St Improvements Phase II Main Street Landscaping CR 512 Alley Improvements Tulip Drive Bikepath Schumann Dr Bikepath Extension Clock Tower/Fellsmere Road Barber St Bridge Improv CITY OF SEBASTIAN ROAD PAVING PROJECT FUND FUND 335 AS OF JUNE 30, 2001 Project C8308 Deserivtion Road Paving Project CITY OF SEBASTIAN GOLF COURSE PROJECTS FU'ND415 AS OF JUNE 30, 2001 Project Number ]Description C0402 Seal & Asphalt Parking Lot C0403 Irrigation System Upgrade C1401 Golf Course Renovation C1402 Hole I 1/17/Entrance Irrigation CITY OF SEBASTIAN AIRPORT PROJECTS FUND 455 AS OF JUNE 30, 2001 Project Number C0501 C0503 C1501 C1502 C1503 C1504 5 Year Capital Improvement Plan P,/W Lighting and Security Fence Install Security Fencing (Closed) Rehab Airport Taxiways Airport Admin Building (Closed) GC Holes I l & 17 Relocation (CLOSED) Budget 10,000.00 64,900.00 238,300.00 200,000.00 10,000.00 6,000.00 35,200.00 20,400.00 24,530.00 291,000.00 Current Prior Balance Year Year All Yea~ to % Exuenditu~ ~xpendimres ~ Encumbrances ¢ornolete Comvl~e 5,055.00 4,308.32 9,363.32 0.00 636.68 93.63% 20,670.90 20,670.90 32,433.00 11,796.10 31.85% 0.00 238,300.00 0.00% 25,783.72 25,783.72 11,716.00 162,500.28 12.89% 0.00 10,000,00 0.00% 0.00 6,000.00 0.00% 0.00 35,200,00 0.00% 0.00 20,400.00 0.00% 0.00 21,125.00 3,405,00 0.00% 32,850.01 32,850.01 258,149.99 11.29% 900,330.0~ ...... 52,.5o9.62 37,158:}} 88,667.95 65,274.00 746,388.05 Current Prior Balance Year Year All Years to % Expenditures Exvetaditures Expenditures Encumbrances Comvl~ Complete 3,3.04,8.5.5:~0~, 631,531.48 1,900.,9.8.,~;.!,4. 2,532,517.62 .... 477j.,080.00 295,25'7:38 ...... 76.63% Current Prior Balance Amended Year Year All Years to % Bud~tet Expenditures ~ ~ l/0cumbrances Comule~te Complete 35,200.00 0.00 0.00 3,565.00 31,635.00 0.00% 67,047.00 10,140.00 56,885.38 67,025.38 21.62 99.97% 700,000.00 46,557.34 46,557.34 540,663.00 112,779.66 6.65% 13,500.00 13,470.28 13,470.28 29.72 99.78% 815,747.00 70,167.62 56,885.38 127,053.00 544,228.00 144,466.00 Current Prior Amended Year Year All Years Budget Exvenditures Expenditures ~,xoenditures Encumll. yAnces 300,000.00 121,481.38 53,033.66 174,515.04 135,000.00 15,028.84 45.90 15,074.74 19,962.00 0.00 0.00 625,000.00 0.00 0.00 0.00 250,000.00 250,000,00 250,000.00 Balance to % Co~]e~e ~omplete 125,484.96 58.17% 99,963.26 11.17% 0.00 #DW/O~ 625,000.00 0.00% 0.00 #DW/0! 0.00 100.00% 1,310,000.00 386,510.22 53,079.56 439,589.78 19,962.00 850,,4~8.22 33.56% CITY OF SEBASTIAN SCHEDULE OF INVESTMENTS STATE BOARD OF ADMiNISTRATiON AS OF JUNE 30, 2001 GENERAL FUND LOCAL OPTION GAS TAX FUND DISCRETIONARY SALES TAX FUND RIVERFRONT REDEVELOPMENT FUND DEBT SERVICE FUND CAPITAL PROJECTS FUND CAPITAL IMPROVEMENT FUND TRANSPORTATION IMPROVEMENT FUND GOLF COURSE FUND GOLF COURSE PROJECTS FUND AIRPORT FUND AIRPORT PROJECTS FUND CEMETERY TRUST FUND MAJOR EQUIPMENT REPLACEMENT FUND Sub-total AIRPORT GOLF COURSE (RESTRICTED FUNDS) PAVING LOAN (RESTRICTED FUNDS) TOTAL 50.75% 1.97% 1.12% 0.42% 2.00% 1.16% 14.54% 2.67% 4.39% 4.12% 0.02% 3.33% 5.82% 7.70% 100% 100% 100% 100% 3,710,772.08 143,885.46 82,081.37 30,553.67 146,103.39 84,971.74 1,063,026.72 195,074.05 321,279.75 301,394.09 1,799.68 243,247.61 425,215.72 562,912.27 7,312,317.60 181,344.25 1,070,144.56 1,218,741.66 9,782,548.07 City of Sebastian, Florida Subject: Petition for Voluntary Annexation. i~~~pproveid ~or Submittal by:~... Agenda No. 0!. 099 Department Origin: ~owth Tracy E. Hass~ Date Submitted: July 16, 2001 For Agenda of: JulT. 25,2001 Management Exhibits: Ordinance No. O-01 - 18, letter of request, location map and Chapter 171.044 F.S. EXPENDITURE REQUIRED: None AMOUNT BUDGETED: None APPROPRIATION REQUIRED: None SUMMARY The Davis Family has filed for a voluntary annexation of an 80-acre enclave situated South of South Moon Under Subdivision and West of Schumann Lake. The voluntary annexation petition has been filed in accordance with Chapter 171 of the Florida Statutes. The property will be annexed with a Medium Density Residential (MDR) land use designation and a Planned Unit Development - Residential (PUD-R) zoning, which is consistent with the adjacent residential parcels within the City of Sebastian. The property is being annexed as the proposed Davis PUD. The Davis family has requested annexation of the property and approval of the associated conceptual development plan. The conceptual development plan is included as part of the submittal package. The property is currently zoned A-1 (Agricultural) with an L-2 (Low Density Residential, 6 units per acre) land use designation and the applicant wishes to re-zone the property PUD-R, with an underlying zoning designation of RM-8 (multi-family) and a comprehensive land use designation of MDR (medium density residential). The conceptual plan outlines a total of 8 blocks containing 434 total units with single-family units along the perimeter and multi-family units in the interior. The purpose for doing so is to provide a single-family buffer along the perimeter where there are existing single-family units within the City of Sebastian. The proposed constitutes a gross density of 5.35 units/acre and a cumulative density of 7.32 units/acre (total land area minus 10.9 acres of lake area and 10.8 acres of roadways). The Planning and Zoning Commission reviewed the proposed land use and zoning change and accompanying conceptual development plan at their regular meeting on March 15, 2001. Additionally, the Planning and Zoning Commission held the required public hearing and forwarded a recommendation for approval of said request. Furthermore, the City Council passed the first reading of Ordinance No. O-01-10 at a public hearing held on April 11, 2001. RECOMMENDED ACTION Hold first reading of Ordinance No. O-01-18, and schedule a public hearing for August 08,2001. ORDINANCE NO. 0-01-18 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION OF EIGHTY (80) ACRES, MORE OR LESS, BEING A PART OF SECTION 18, TOWNSHIP 31, RANGE 39 PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, all owners of the parcel of property described herein have petitioned the City for voluntary annexation of said land and due public notice of this action has been given; and WHEREAS, the City Council finds and determines that the land proposed to be annexed is contiguous to the City, will not result in the creation of any enclaves, and constitutes a reasonably compact addition to the incorporated temtory of the City; and WHEREAS, the City Council of the City of Sebastian, Florida, finds and determines that the annexation of said parcel is in the best interest of the City; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. PROPERTY. The following described property now lying and being in an unincorporated area of Indian River County, Florida, is hereby annexed into the City of Sebastian, Florida, and the boundary lines of said City are hereby redefined to include said real property: The West ~/:~ of the Northwest IA of Section 18, Township 31, Range 39 in Indian River County, Florida. Containing 80 acres more or less Section 2. INiTiAL LAND USE AND ZONING CLASSIFICATION. The interim land use and zoning classifications for this property in accordance with state law, consistent with both the existing County and City Comprehensive Growth Management Plans, shall be Planned Unit Development Residential (PUD-R). Section 3. FILING. A certified copy of this ordinance shall be filed with the Clerk of the Circuit Court as well as the Chairman of the County Commission of Indian River County, Florida, and with the Florida Department of State within seven days of adoption. Section 4. CONFLICT. herewith are hereby repealed. Section 5. EFFECTIVE DATE. Following its adoption, this Ordinance shall become effective concurrent with the effective date of Ordinance 0-01-09. All ordinances or pans of ordinances in conflict The 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 Ben A. Bishop Councilmember Joe Barczyk Councilmember Edward J. Majcher, Jr. Councilmember James Hill The Mayor thereupon declared this Ordinance duly passed and adopted this 8th day of August, 2001. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Walter Barnes Sally A. Maio, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian: Rich Stringer, City Attorney MOSBY AND ASSOCIATES, INC. 2455 14th Avenue Post Office Box 6368 Veto Beach, Florida 32961-6368 Telephone: 561-569-0035 - Facsimile: 561-778-3617 January 24, 2001 Mr. Terrance Moore City of Sebastian 1225 Main Street Sebastian, FL 32958 Subject: Davis 80 Acres PUD-R Sebastian, Florida Engineer's Project Number: 01-114 · Dear Mr. Moore: On behalf of the owners of the subject property, we are requesting that the subject land, which lies within Indian River County be annexed into the City of Sebastian. We have enclosed a copy of the boundary survey defining the boundaries of the property. Under separate cover, we have submitted a separate application to Mr. 'Tracy Hass for the rezoning of the property to PUD-R. A conceptual plan and application anti fee were s,u,b,,m, itted. If for some reason the property can not be rezoned to PUD-R and acces~/across Tract T from Kildare Drive can not be granted, then the own/~equested that/~/an_nexation process be terminated. Sh~~72 7 qu~°ns regarding the above subject, please call. L. M y, ?.£. RLM/jeb March 5, 2001 Mr. Terrance Moore City of Sebastian 1225 Ma[u Street Sebastian, Fl. 32958 Subject: Annexation of 80 acre Davis enclave Dear Mx. Moore: I am requesting that my 80 acre enclave be annexed into the City of Sebastian, subject to the following conditions. The property receives PUD-R zoning with a minimum density of 8 units/acre, and the City grants access from Kildare Drive across Tract "T" If for some reason the property cannot be annexed under these conditions, I request that the annexation process be terminated. Should you have any questions regarding the above subject, please call me, Brian Davis, ~ (561)473-0246. You, - B~an Davis Tel,~phone: (561) 567-8000 May 10, 2001 BOARD OF COUNTY COMMISSIONERS 1840 25th Street, Veto Beaeli, Florida 32960-3365 Ray Eubanks Bureau of State Planning Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 City of Sebastian Comprehensive Plan Amendment DCA Ref# 01-1 Dear Mr. Eubanks: Please be advised that consistent with applicable provisions of Chapter 163, F.S. and Chapter 9J-5, F.A.C., the Indian River County planning staff reviewed the above referenced City of Sebastian comprehensive plan amendments. Planning staff supports this comprehensive plan amendment which is related to annexation of an enclave area. This annexation is consistent with the county's intergovernmental coordination element's objective 4 and associated policies regarding reduction of enclave properties. Should you have any questions, please call me at (561) 567-8000, ext. 250. Sincerely, Sasan Rohani, AICP Chief, Long-Range Planning CC: Robert M. Keating, AICP Community Development Director John Wachtel, Senior Planner Mark Zans, GIS Planner Tracy Hass, Planning Director City of Sebastian James Snyder, DRi Coordinator Treasure Coast Regional Planning Council u\v\s\eubanksltr i ~D. AVE. AVE. N~ F;1SC~R' CIR, SOU.TH. UNDER. SEBASTIAN GREENS ['b,,~,..^,,,w. [ CAPRI 171.044 Voluntary annexation. Page 1 OASIS 171.044 Voluntary annexation. TITLE XII MUNICIPALITIES CHAPTER 17t MUNICIPAL ANNEXATION OR CONTRACTION (1) The owner or owners of real property in an unincorporated area of a county which is contiguous to a municipality and reasonably compact may petition the governing body of said municipality that said property be annexed to the municipality. (2) Upon determination by the governing body of the municipality that the petition bears the signatures of all owners of property in the area proposed to be annexed, the governing body may, at any regular meeting, adopt a nonemergency ordinance to annex said property and redefine the boundary lines of the municipality to include said property. Said ordinance shall be passed after notice of the annexation has been published at least once each week for 2 consecutive weeks in some newspaper in such city or town or, if no newspaper is published in said city or town, then in a newspaper published in the same county; and if no newspaper is published in said county, then at least three printed copies of said notice shall be posted for 4 consecutive weeks at some conspicuous place in said city or town. The notice shall give the ordinance number and a brief, general description of the area proposed to be annexed. The description shall include a map clearly showing the area and a statement that the complete legal description by metes and bounds and the ordinance can be obtained from the office of the city clerk. (3) An ordinance adopted under this section shall be filed with the clerk of the circuit court and the chief administrative officer of the county in which the municipality is located and with the Department of State within ? days after the adoption of such ordinance. The ordinance must include a map which clearly shows the annexed area and a complete legal description of that area by metes and bounds. (4) The method of annexation provided by this section shall be supplemental to any other procedure provided by general or special law, except that this section shall not apply to municipalities in counties with charters which provide for an exclusive method of municipal annexation. (5) Land shall not be annexed through voluntary annexation when such annexation results in the creation of enclaves. (6) Upon publishing or posting the ordinance notice required under subsection (2), the governing body of the municipality must provide a copy of the notice, via certified mail, to the board of the county commissioners of the county wherein the municipality is located. The notice provision provided in this subsection shall not be the basis of any cause of action challenging the annexation. History..s. 1, ch. 74.190; ss. 4, 5, ch. 75-297; s. 3, ch. 76.176; s. 2, ch. 86-113; s. 1, ch. 90.171; s. 16, ch. 90-279; s. 16, ch. 98.176.