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HomeMy WebLinkAbout09262001HOME, OF [~F. JJCAN ISLAND SEBASTIAN CITY COUNCIL' AGENDA REGULAR MEETING WEDNESDAY, SEPTEMBER 26,' 2001 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET; SEBASTIAN, FLORIDA ALL A;EIVDA 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 o~ the item by the City Council- limit oF ten minutes per speaker (R-99-21) '1. CALL TO' ORDER 2. PLEDGE OF ALLEGIANCE 3. INVOCATION 'FATHER MORRiSSEY, ST. SEBASTIAN CATHOLIC CHURCH 4. ROLL CALL 0'1.225 AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) · Items not on the w~tten agenda may be added only upon a majodty vote of City Council.members (R-99-21) PROCL.AMATIONS, ANNOUNCEMENTS AND/OR PRESENTATIONS A. Recognition of Marge Poole for Obtaining the Green Cross for Safety Presented to the City of Sebastian for.Participating as a Member of the Sunshine Chapter, National Safety Council, Florida Treasure Coast Division For the Year 2000 01.125 Presentation by Representatives from A T & T Broadband Regarding Cable Operations in the City'of Sebastian 01.057 Sebastian Stormwater Passive Park Presentation by St. Johns River: Water Management District - Ralph Brown 7. CITY ATTORNEY MATTERS 01.215 1-14 Chamber of Commerce Property - Authorize City Manager to Execute Property and Lease Agreements (City Attorney Transmittal 9/20/01, Agreement, Lease, Map) 8. CiTY MANAGER MATTERS 01.223 15-22 01.188 23.44 01.127 45.46 .01.185 47-48 t0. 11. 49-52' 53-66 0;1.2'16 67-68 01.217 69-84 01;218 85-100 Authorize Contract Award to George F. French, Utility Contractor in the Amount of $16,930.50 for Yacht Club Restroom Hookup to County Wastewater Force Main (Eng. Transmittal 9/7/01, Letter from IRC, Contractor Quotes) B. FEMA'$ Position on Canal Management (FEMA's Document) · Approve Tallahassee Travel for City Manager and a Council Member (City Manager -Transmittal 9/18/01) CITY CLERK MATTERS .- A. City Council Attendance at Indian River County Commission Meetings (City Clerk Transmittal. 9/19/01) CITY COUNCIL MATTERS A. Mr. Bishop B. Mr. Barczyk 'C. Mr. Hill 'D. Mr.. Majcher E. Mayor Barnes 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 $o requeats; in which event, the item will be removed and acted upon separately. A. Approval of the 9/6/01 City Council Special Meeting Minutes B. Approval of the 9/12/01 Regular Council Meeting Minutes C. · Approve the Reservation of Riverview Park for the Craft Club of Sebastian on October 6, 2001, November 3, 2001,. December 1 & 2, 2001, January 5, 2002, February 2, 2002, March. 2,' 2002, April 6, 2002 and May 2002 (Parks TranSmittal 9/18/01) Resolution No. R-01-68, Vacation of Easement-Hig h Tree Plaza Lots 5 thru 10, Block 185, 'Sebastian' HighlandsUnit-8-(GMD Transmittal'9/18/01, R-01';68; Application,' Site'Map, Staff" Report, Utility Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 5, 6, 7, 8AND9, BLOCK 185, SEBASTIAN HIGHLANDS UNIT 8; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. Resolution N°. R-01-69, Vacation of Easement-Conner Lots 18 & 19, Block 59, Sebastian Highlands Unit 2 (GMD Transmittal. 9/18/01, R-01-69, Application, Site Map, Staff Report, Utility Leffers) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 18 AND 19, BLOCK 59, SEBASTIAN HIGHLANDS UNIT 2; PROVIDING FOR CONFLICTS HEREWITH; .PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE, 01.220 101-106 01.182 107-110 Authorize the City Manager to Execute an Agreement Between the City and Florida League of Cities for Workers' Comp Insurance and Coregis Insurance Division for Property, Casualty and Liability Coverage (Finance Transmittal 9/20/01 'Gehring Group Property Casualty & Liability Proposal Analysis, Gehring Group Workers' Comp Proposal Analysis) Adopt Resolution No. R-01-66 Authorizing the City Manager to Apply for a Florida Recreation Development Assistance Program Grant from the State of Florida Department of Environmental Protection (City Manager Transmittal 9/17/01, R-01-66) A RESOLUTION OF THE CITY OF'SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR A FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM GRANT; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. '12. PUBLIC HEARING ............................................ ~ce_dure~..for..public hearings; (R~gg~21) · Mayor opens Hee#ng Attorney Reads. Ordinance or Resolution · Staff Presentation · Public Input - Limit of Ten Minutes Per Speaker · Staff Summation · Mayor Closes Hoe#rig · Council Action . Anyone wishing to speak is asked to sign up before the meeting, when called go to the podium and state his or her name for the record 0.1.112 A. 111-114 Resolution No, R-01-63 Adoption of Miilage Rate for Calendar Year 2001 (Finance Transmittal 9/17/01, R-01-63, Copy of DR420 Certification of Taxable Value) A REsoLUTIoN OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNT~', FLORIDA, ADOPTING A MILLAGE RATE'OF 4.5904 MILLS FOR THE CALENDAR YEAR 2001 AND ALLOCATING SAME TO THE FISCAL YEAR BEGINNING OCTOBER 1,2001 AND ENDING SEPTEMBER 30, 2002; PROVIDING FOR CONFLICTS; AND PROVIDING. FOR AN EFFECTIVE DATE. 01.112 115-122 Resolution No. R-01-64 Adoption of a BUdget for Fiscal Year 2001/2002 (Finance Transmittal 9/17/01, R-01-64 and Schedule A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ' ADOPTING THE BUDGET FOR. THE FISCAL YEAR BEGINNING OCTOBER 1, 2001 AND ENDING SEPTEMBER 30, 2002; MAKING APPROPRIATIONS FOR THE PAYMENT OF OPERATING EXPENSES, CAPITAL EXPENSES, AND FOR THE PRINCIPAL AND INTEREST PAYMENTS ON THE BOND AND OTHER INDEBTEDNESS OF THE CITY IN THE CITY'S GENERAL FUND, SPECIAL REVENUE FUNDS, DEBT SERVICE FUND, CAPITAL IMPROVEMENT FUNDS, GOLF COURSE FUND, AND AIRPORT FUND AS PROVIDED FOR IN SCHEDULE "A", A'FI'ACHED HERETO, ESTABLISHING AUTHORITY OF THE CITY MANAGER TO IMPLEMENT THE BUDGET; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 01.057 C. 123-132 Public Headng and Second Reading Ordinance No. O-01-16 Establishing Stormwater Utility (City Attorney Transmittal, O-01-16) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 102 TO CREATE ARTICLE V SEBASTIAN STORMWATER UTILITY; 'PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. 01.201 D. 133-136 Public Hearing and Second Reading Ordinance No. O-01-20, Amending City Code Section 34-2 Chapter 34, Article I In General- Cemetery Trust Fund (Finance Transmittal 9/14/01, O-01-20) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE SECTION 34-2 CHAPTER 34 ARTICLE I iN GENERAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOP. AN EFFECTIVE DATE. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred orwa$ discovered within the previous six months which is not otherwise on the agenda - sign.up required, limit of ten minUtes for each speaker 14. COMMITTEE REPORTS/RECOMMENDATIONS A. CONSTRUCTION BOARD Ol .oo8 137-146 Interview, unless waived, and appoint applicants to two of four available positions. (City Clerk Transmittal 9/20/01, Ap~cations, Board Member List, Advertisement) 01.172 147 15. OLD BUSINESS A. Consider Request by Attorney Warren Dill to Reconsider Acti°n Taken During 9/12/01 City Council Meeting Denial of 0-00-05 CLUP Amendment to Industrial (IN) CNK, Inc. 14.85 Acres (Dill Letter) 16. NEW BUSINESS 01.190 149-156 · 157-166 B, Authorize the Expenditure of $14,965 for the Installation of Water Meters for the City Hall Complex, Including the Police Department and Annex (Finance Transmittal 9/1'7/01, Water Hookup Quotes, Letter from Dan Chastain, Letter of Deposit Waiver from Customer Service). Adopt Resolution No, R-01,67 Relating to Cemetery Rates (Finance Transmittal 9/18/01, R-01-67, R-93-17, Analysis) 167-170 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA RELATING TO CEMETERY RATES; ESTABLISHING NEW RATES FOR THE SALE OF IN-GROUND INTERMENT SITES AND NICHES IN THE MUNICIPAL CEMETERY; ESTABLISHING NEW RATES FOR OPENiNG/CLOSING FEES; DESCRIBING THE SERVICES PROVIDED; ESTABLISHING RATES FOR CREMATION INTERMENTS AND CORNER MARKERS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. C. Authorize Stormwater Management.Monit0ring Program Change Changer Order No, 2, No Cost Time Extension (City Manager Transmittal 9/14/01, Change Order No. 2 Development &....I,..m_pl__e.._m_e_.n_t_at.! o.p.p..f..a.. S .u. rfa c_e...w_ .ate!~..._D.rainage...M anagem e r!t .PI..a n.). 01.221 D. 171-178 AuthoriZe City Manager t° Execute Contract with Municipal Tax Consulting for Recovery of Use Tax (Finance Transmittal 9/19/01, Letter of Agreement, Background Information) 01.060 .E. 179-182 Authorize Contract Award to Sebastian Towboat & Salvage, Inc. in the Amount of $22,500 for Derelict Boat Removal .(GSA Transmittal 9/18/01, Adventure Environmental Letter Dated 9/13/01 ) 01.222 F. 183;192 Authorize Contract Award to Musco Sports Lighting in the Amount of $44,000 for'New Lighting at Courts #5 & #6, Racquetball Courts and Basketball Court at Schumann Tennis Park (Parks Transmittal 9/19/01, Price Quote) 01.223 G. Vice Mayor Bishop Formal Announcement (No Backup) 01.224 H. City Council Consideration for Action Pursuant to Vice Mayor Bishop's Announcement (No Backup) 17. ADJ~~RN (A~~ meeting sha~~ adj~urn at1~:3~ p~m~ un~ess extended f~r up t~ ~ne ha~f h~ur by a maj~#ty v~te ~f City Council) ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CiTY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTAC T THE CITY'S ADA COORDINATOR A T 589-5330 A T LEAS T 48 HOURS IN ADVANCE OF THIS MEETING. HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. UDcomin~ Meetings: Regular Council Meeting - October 10th, 2001 Regular Council Meeting - October 24th, 2001 Regular Council Meeting - November 14t", 2001 ' Regular Council Meeting - November 28th, 2001 City of Sebastian, Florida oese: AGENDA TRANSMITTAL Agenda No. Subject: Chamber of Commerce property 01...215 Date Submitted: 9/20/01' For Agenda of: 9/26/01 S~Y: In June 1999 I rendered an opinion concerning the old 'Chamber of Commerce building on the northeast comer of Ma/n Street and US 1. Originally, the Council asked whether the property should revert to the City due to non-use by the Chamber. In reviewing the transaction conveying the land to the Chamber, it was revealed that none of the legal Procedures required to convey excess land had been followed. Based upon this, it was my opinion that the deed to the Chamber was void as being beyond the legal powers of the City Council. During subsequent discussions and considerations, it became 'dear that the property deeded to the Chamber had little practical long-term value to the Chamber due to its limited size and lack of adequate parldng and access. Since then, Staffhas been working with officials of the Chamber to work out a comprehensive deal that is beneficial to all citizens of Sebastian. In essence, the Chamber deeds back the land to the City to clear up questions as to title. The City then grants a 25-year lease back on the same land, thus giving the Chamber a total term of occupancy roUghly equal to the useful life of the building. This is fair since the building was constructed by the Chamber under the belief that a valid conveyance occurred. Staff then sought to resolve the potential problems of the dual lease of the building shared by the Chamber and the Historic Society, while also addressing the desires to stimulate redevelopment of the key intersection of the City. This redevelopment effort has been given a jump-start with the renovation of the Vickers Building, and the northeast comer really detracts from that effort. It was negotiated that if the Chamber commits within five years to build a new bigger building, wh/ch would meet all the Riverfront District architectural standards, and complete' construction within two years thereafter, the lease expands to include the larger parcel and 'extends out an additional 50.years. The Chamber then waives its fight to extend the lease on the building on the southeast comer, so that would terminate at the end of its original ten-year term, and tears down the old building on the northeast comer. Further, the City's use of the east side of the property for boat trailer parking is reserved. If the expansion is not done by the Chamber, the property on the northeast comer is free and clear to the City at the end of the twenty-five year lease. Thus, upon complete fulfillment of this Agreement, title to all the land is clearly affirmed to the City, the conflicting occupancy of the I-Iistorical Society building is resolved, and a nice new facility is built at this primary comer in the City. RECOM3~NDED ACTION: Consider Agreement and, at Council's discretion: Move to authorize execution of the Comprehensive ;Property A_~weement between the City and the Chamber of commerce, as well as authorization to execute c~itrtI}e~ documents as required therein. ' /'/I . COMt~REHENSIVE PROPERTY AGREEMENT Tills AGREE1KENT made this ~ day of September, 2001, by and between the CITY OF SEBASTIAN, a Florida municipal corporation (hereinatier called the "Crib'), and the SEBASTIAN RIVER AREA CHAMBER OF COMMERCE, INC., a non-profit Florida corporation (hereinm%er called the "CHAMBER"), provides that IN AND FOR consideration of the mutual promises herein and the execution of documents as provided, the sufficiency of which is hereby acknowledged by the parties, it is agreed as follows: 1. The CHAMBER shall execute the Quit-claim deed attached hereto as Exhibit "A" relinquishing claims to the real property contained in the deed between the parties dated February 14, 1978, recorded at O.K. Book 578, Page 2209, Public Records o£indian River County, Florida. The CITY shall grant back a twenty-five year lease for said parcel by executing the Lease attached hereto as Exhibit "B". 3. if CHAMBER exercises the option to build a new facility as set forth in Exhibit "B", the CHAMBER shall develop a site plan in general conformance with the schematic attached hereto as Exhibit "C" that accommodates existing CITY drainage to the site, protects the Hardee Oak, and preserves the reserved boat-parking fights of CITY set forth in Exhibit "B". 4. If CHAMBER exercises said option to build a new facility, it thereby waives all fights to exercise the option contained in certain lease between the parties and the Sebastian River Area Historical Society, Inc., dated January 22, 1997, giving CHAMBER the option to extend its lease for the building shared with the Historical Society at the southeast comer of U.S. 1 and Main Street beyond the initial ten year term. CHAMBER shall then vacate said premises at the earlier of either the conclusion of the initial ten year lease term or upon issuance of a Certificate of Occupancy for a new CHAMBER building as discussed in paragraph 3 above. 5. This Agreement shall survive execution and closing of the executory agreements referenced herein, shall not merge therewith, and shall remain fully enforceable thereafter. AGREED TO on the date first set forth above. CITY OF SEBASTIAN, a Florida municipal corporation SEBASTIAN RIVER AREA CHAMBER OF COMMERCE, INC., a non-profit Florida corporation By: 'Terrence K. Moore, City Manager Attest: By: (Sea ) Approved as to Form and Content for Reliance by the City of Sebastian Only: Sally A, Maio, CMC City Clerk (Se ) ' Rich Stringer, City Attorney I~IItlBIT "d " Retur~ to: ' Rich S~mger, City Attorney City of Sebastim 1225 Main Street Sebastian, FL 32958 QUIT-CI.AiMDEED Tlt[q QUIT-CLAIM DEED, executed this __ day of September, A.D., 2001, by SEBASTIAN KIVER AREA CHAMBER OF COMMERCE, INC., a non-profit Florida corporation, first party, to CiTY OF SEBASTIAN, a Florida municipal corporation, whose post office address is 1225 Main Street, Sebastian, FL 32958, second party: (Wherever used herein the term "first party" and "second party" shall include singular and plural, and the successors and assigns or corporations, wherever the context so admits or requires.) WlTNESSETIt, that the said first party, for and in consideration of the sum of $1.00 in hand paid by the said second party, the receipt whereof is hereby acknowledged, does hereby remise, release, and quit-claim unto the said second party forever, all the fight, tifle, interest, claim and demand which the said first party has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of Indian River, State of Florida, to-wit: Beginning at a point being the most westerly point of Lot 1, Block 1, in Hardee's Subdivision No. B, Plat Book 4, Page 74, Public Records of St. Lucie (now Indian River) County, Florida, as shown on a survey by R. F. Lloyd, Registered Engineer, dated 27 February, 1976, said point also being .on the east line of U.S. #1, 100 feet right-of-way. Thence, on an interior angle of 90© perpendicular to the cord of U.S. #1 East fight-of-way mn easterly 35.00 feet; Thence, on an interior angle of 90© and parallel to the cord of U.S. #1 East right-of-way southerly 50.00 feet; Thence, on an interior angle of 90© mn Westerly 35.00 feet to the East right-of-way of U.S. #1; Thence nm 50.00 feet northerly on the said right,of-way to the point ofbegixming. The mtended purpose of this deed being to reverse the conveyance in that certain document between the parties dated February 14, 1978, recorded at O.2Z Book 578, Page 2209, Public Records. of Indian River County, Floridc~ 3 TO HAVE A_ND TO ItOLB the same together with ail and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, fight, title, interest, lien, equity and claim whatsoever of the said first party, either in law or equity, to the only proper use, benefit and behoof of the said second party forever. I!N WITNESS WltEREOF, the said first party has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of.' SEBASTIAN RIVER AREA CHAMBER OF COMMERCE, INC., a non-profit Florida corporation By: Witness Its: Witness Secretary STATE OF FLORIDA, COU1VIT OF INDIAN RIVER I ItEREBY CER~ that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgment, personally appeared to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid this ~ day of September, 2001. Notary Public - State of Florida My commission expires: 4 .~EHIBIT "B' LEASE The CITY OF SEBASTL4N, a Florida municipal corporation, referred to in this lease as "Landlord", hereby leases to SEBASTIAN KtVER AREA CHAMBER OF COMMERCE, INC., a non-profit Florida corporation, referred to as "Lessee", those certain premises, referred to as "the premises", lying and being in the county of Indian River, State of Florida, to-wit: Beginning at a point being the most westerly point of Lot 1, Block 1, in Hardee's Subdivision No. B, Plat Book 4, Page 74, Public Records of St. Lucie (now Indian · River) County, Florida, as shown on a survey by K. F. Lloyd, Registered Engineer, dated 27 February, 1976, said point also being on the east line of U.S. #1, 100 feet right-of-way. Thence, on an interior angle of 900 perpendicular to the cord of U.S. #lEast fight-of-way run easterly 35.00 feet; Thence, on an interior angle of 90° and parallel to the cord of U.S. gl East fight-ofrway southerly 50.00 feet; Thence, on an interior angle of 90° mn Westerly 35.00 feet to the East fight-of-way of U.S. #1; Thence nm 50.00 feet northerly on the said right-of-way to the point ofbegirming. The parties agree to be legally bound as follows: L TERM The term of this lease shall be for an initial period of twenty-five (25) years, unless modified pursuant to Article 12[ below, commencing at 12:01 AM. onthe 1~ day of October, 2001. IL OrTION TO EXPAND AND EXTEND Upon written notice within five (5) years of the effective date hereof, Lessee shall have the option to expand and extend the term and area subject to this Agreement in accordance with the provisions of this Article. Following delivery of said Notice, Lessee may construct a new building and appurtenant improvements upon the parcel described as: Lot J and Lots 21 through 24, Block 1, Hardee's Subdivision No. "B" as recorded in _Plat Book 4, _Page 74, _Public Records of St. Lucie (now Indian River) County, Florqda; in accordance with plans to be approved by Landlord. Landlord reserves the right to maintain and improve, at its sole expense, bOat-trailer or other public parldng along the easternmost portion of the Premises utilizing shared access from Main Street. This reservation of rights shall be deemed abandoned and terminated if discontinued by Landlord for a period of six or more consecutive months. Lessee must obtain a building permit within the one-year period immediately following the delivery of said Notice, and construction must be completed within a year thereafter. The existing premises shall be demolished by Lessee no later than forty-five (45) days after the Certificate of Occupancy for the new structure is issued. The City Council, on behalf of Landlord, may grant reasonable extensions of the time parameters set forth within this Article upon request by Lessee. Landlord shall undertake reasonable accommodations in executing standard business documents required of a lender for construction on a leased premises. Upon satisfaction of each of the above conditions, this Agreement shall automatically be amended to encompass the parcel described in Schedule "A" within the leasehold, and the term of this Agreement shall be automaticany extended fifty years from the date of issuance of a Certificate of Occupancy for the new structure. Upon failure of the Lessee .to meet any these conditions, the terms oftkis Agreement exclusive of Article II shall remain in effect unchanged. in. RENT Lessee agrees to pay the Landlord as rent for the use and occupancy of the premises the amount of $1 per year payable on the 1st day of October each and every year commencing on October 1, 2001, at the Finance Department office of Landlord or such othe~ place or places as Landlord may from time to time designate by written notice given to Lessee. Ix/. USE OF I~REMI~qES The premises shall be used exclusively by Lessee for purposes associated with the traditional functions of a chamber of commerce, and for no other use or uses without the express written consent of Landlord. However, Lessee shall not commit or penmit the commission of any acts on the premises nor use nor permit the use ofthe premises in any way that: (a) violates or conflicts with any law, statute, ordinance, or governmental role or regulation, whether now in force or hereinatier enacted, governing the premises; or (b) constitutes the commission of waste on the premises or the commission or maintenance ora nuisance. V. ASSIGNMlgNT OR SIJBLEASING Lessee may not assign, or othen~se transfer this lease, or any right or interest in this lease without the prior express written consent of Landlord. Notwithstanding Article IV, however, it is agreed that without further consent of Landlord, Lessee. may sublet a part of the Premises subject to the following parameters: (a) Lessee must actively occupy no less than 50% of the Premises .during the initial twenty-five year term and through the first twenty years of the exPanded Lease term under Article I!, 75% of the Premises during the second twenty years of the expanded Lease term, and must fully occupy the Premises for the final ten years of the expanded lease term. (b) Any additional occuPation or subletting shall not mn coumer to public policy or generally- accepted community standards, and shall not constitute a nuisance. (c) Occupation of the Premises or any part thereof without payment of a reasonable market- based rental amount must only be by another qualified non-profit entity. (d) Kevenues generated from subletting a part of the-Premises must first be used towards reduction of the outstanding balance on the construction mortgage for the Premises, if any. VI. SURRENDER OF PREMISES On expiration or sooner termination of this Lease, or any extensions, Lessee shall promptly surrender and deliver the premises to Landlord in as good condition as they are upon the date of occupation by Lessee, subject to the demolition and replacement provisions of Article II, reasonable wear and tear'excepted. Lessee admits, by entering into possession under this lease, that the premises are now in good, clean, and safe condition and repair. Lessee shall, at all times during the term of this lease and any renewal or extension thereof~ maintain, at Lessee's sole cost and expense, the premises, and every part of the premises, in a good, clean, and safe condition, flee of pests, and shall on expiration or sooner tem~afion of this lease surrender the premises to Landlord in good condition and repair reasonable wear and tear and damage by the elements excepted. Lessee shall be responsible for the provision of all utility and other services to the premises. Lessee hereby waives any right to make repairs to lhe premises at the expense of Landlord as provided by any law or statute .now or hereat'mr enacted. In the event that a simatio~ in the reasonable judgment of the Landlord requires that immediate repaks be performed to any part of the Premises, Landlord may perform the same with or without notice to Lessee, and Lessee shall reimburse Landlord in a timely manner for expenses incurred thereby. VIII_ INSPECTiON BY LANDLORD Lessee shall permit Landlord or Landlord's agents, representatives, or employees to enter the premises at all reasonable times for the purpose of inspecting the premises to determine whether Lessee is complying with the terms of this lease and for the purpose of doing other lawful acts that may be necessary to protect Landlord's interest in the premises under this lease. IX, PERSONAL PROPERTY TAXES Lessee shall pay before they become delinquent all taxes, assessments, or other charges levied or imposed by any 'governmental entity on the fumimre, trade fixtures, appliances, and other personal property placed by Lessee in, on, or about the premises including, without limiting the · generality of the other terms used in this section, any shelves, counters, vaults, vault doors, wall safes, partifiom, fixtures, machinery, plant .equipment, office equipment, television or radio antennas, or communication equipment brought on the premises by Lessee. X. REAL PROPERTY TAXES Ail real property taxes and assessments levied or assessed against the premises by any governmental entity, including any special assessments imposed on or against the premises for the construction or improvement of public works in, on, or about the premises, shall be paid, before they become delinquent, by Lessee. XI. PROPERTY CASUALTY INSURANCE - The Tenant shall, at its sole cost and expense, procure and keep in effect such standard policies of property casualty, fire and extended coverage insurance in an amount equivalem to the appraised value of the improvements to the premises. Upon request, the Tenant shall provide to the Landlord a certificate of such insurance with evidence of the payment of the premium therefor. The Landlord shall have no obligation to keep the buildings and improvements on the leased premises insured nor shall the Landlord have any obligation to insure any personal property used in connection with the leased premises. Any policy or policies of insurance required pursuant to this Lease shall be issued by one or more insurance companies authorized to engage in business in the State of Florida and wh/ch have a rating of at least A+ by A.M. Best and Company and at least an AA rating by both Moody's and Standard and Poors. Such shall contain a clause preventing cancellation of any coverage before thirty (30) days written notice to the Landlord and shall name the Landlord as an additional insured. Upon the request of the Landlord, the Tenant shall provide copies of said policies to the Landlord. In the event that the Tenant's use and occupancy of the premises causes any increase in the premium for any property casualty or fire insurance maintained by Landlord on the Leased Premises or any portion thereof; Tenant shall reimburse Landlord for the mount of said increase within thirty days of notice of the same. XIL DESTRUCTION OF PREMISES In the event the building and/or other improvements erected on the premises are destroyed or damaged by fire or other casualty, the Landlord shall have no responsibility or obligation to make any expenditures toward the repair and/or replacement of the building and other improvements on the leased premises. Tenant, at its option, shall either cause said building and/or other improvements to be replaced or said damage to be repaked as rapidly as practicable, or shall elect not to repair the premises and terminate the lease. (a) In the event the Tenant elects to repair or replace the improvements on the leased premises, the Landlord shall have no claims against any insurance proceeds paid to the Tenant on account of such damage; provided, however, that all repaired or replaced improvements are done so in a manner equal to or better than the improvement being repaired or replaced. Co) In the event the Tenant, under its option, elects not to repair or replace the improvements upon the leased premises, the Landlord shall be entitled to such portion of any insurance proceeds equal to its good-faith estimate of the cost to remove all remaining portions of the damaged or destroyed improvements and all rubble or debris resulting from said casualty. Landlord shall be entitled to said amounts even if it decides to rehabilitate the improvements. Any remaining proceeds shall be the sole property of Tenant. XIII. ALTERATIONS 'Except for replacement of the building as set forth in Article :!I, above, Lessee shall not make or permit any other person to make alterations to the premises that will expand the lot coverage of the Premises without the prior written consent of Landlord. 'Any alterations to the premises by Lessee shall be made at the sole cost and expense of Lessee. Any and all alterations or improvements made to the premises shall on expiration or sooner termination of this lease become the property of Landlord. XIV. INDEMNITY Lessee shall indemnify and hold Landlord and the property of Landlord, including the premises, free and harmless from any and all liability, claims, loss, damages or expenses, including counsel fees and costs, arising by reason of the death or injury of any person, including any person who is an employee or agent of Lessee, or by reason of damage to or destruction of any property, including property owned by Lessee or any person who is an employee or agent of Lessee, caused by. or connected with Lessee's occupation and use of the premises under this lease other than intentional acts of Landlord or an employee or agent of Landlord. XV. T,T&BIL1TY INSURANCE Lessee shall, at its own cost and expense, secure within 10 days and maintain during the entire term of this lease and any renewals or extensions of such term a broad form comprehensive coverage policy of public liability insurance issued by an insurance company acceptable to Landlord and insuring Landlord against loss or liability caused by or connected with Lessee's occupation and use of the prerrdses under this lease in amounts not less than: (a) $200,000 for injury to or death of one person and, subject to such limitation for the injury or death to one person, of not less than $1,000,000 for injury to or death of two or more persons as a result of any one accident or incident; and Co) $500,000 for damage to or des-traction of any property of others; or such higher amount as may be set as the liability limits under the waiver of sovereign immunity provisions of law. XVI. UNREMOVED TRADE FIXTURES Any trade fixtures that are not removed from the premises by Lessee 30 days after this lease's expkation or sooner termination, regardless of cause, shall be deemed abandoned by Lessee and shall automatically become the property of Landlord as owner of the real property to which they are affixed. It is stipulated between the parties that the bar structure shall be considered part of the real estate and is not a removable trade fixture. XVII. ACTS CONSTITUTING BREA~S BY LESSEE Lessee shall be guilty of a material default and breach of this lease should: (a) Lessee default in the performance of or breach any provision, covenant, or condition of this lease and such default or breach is not cured within thirty days after written notice thereof is given by Landlord to Lessee; or CO) Lessee breach this lease and abandon the premises before expiration of the term of this lease. xvm. REM2EDI]ES FOR DEFAULT Should either, party be guilty of a material default and breach of this'lease as de,fined in this lease, that party shall have available the remedies given by law or equity, and a non-defaulting party shall additionally be entitled to an award of court costs and attorney's fees against the defaulting party. Landlord, in addition to any other remedies given by law or equity, may terminate Lessee's right to possession of the premises and recover and regain possession of the premises in the manner provided by the laws of the State of Florida. XIX. WAIVER OF BREACH The waiver by Landlord of any breach by Lessee of any of the provisions of this lease shall not constitute a continuing waiver or a waiver of any subsequent breach by Lessee either of the same or another provision of this lease. XX. NOTICES Any notice, report, statement, approval, consent designation, demand or request to be given and any option or election to be exercised by a party under the provisions of this Lease shall be effective only when made in writing and delivered (or mailed by registered or certified mail with postage prepaid) to the other party at the address given below: Landlord: City of Sebastian 1225 Main Street Sebastian, FL 32958 Attn: City Manager Tenant: Sebastian River Area Chamber of Commerce, Inc. 700 Main Street Sebasfia~ FL 32958 Attn: Executive Director provided, however, that either pa~ may designate a different representative or address from time to time by giving to the other party notice in writing of the change. EXE~D on this __ day of September, 2001, at Sebastian, Florida.. ATTEST: CITY OF SEBASTIAN A Municipal CorPoration Sally A. Maio, CMC City Clerk Approved as to Form and Legality for Keliance by the City of Sebastian only: By: Terrence R. Moore, City Manager Rich Stringer, City Attorney SEBASTIAN RIVER AREA CHAMBER OF COMMERCE, INC.,. a non-profit Florida corporation By: (seal) 10 City of Sebastian, Florida Subject: Yacht Club Restroom - Hookup to County Wastewater Force Main Agenda No. 01.2.19 Department Ori~j~ ~ Dept. Head: Finance: Procurement: Date Submitted: 09107/01 ForAgenda of: 09/26/01 Exhibits: Letter from IRC, price quotes EXPENDITURE REQUIRED: $16,930.50 BUDGET AVAILABLE: $4,096.50 APPROPRIATION REQUIRED: $12,834.00 SUMMARY The recently constructed Yacht Club ReStroom requires hook up to the County wastewater system by a licensed plumber, Toward this end 'five local plumbers were contacted with the following results: George French - Utility Contractor ~ $10,500 Maxwell Plumbing - $12,750 Meeks & Sons - $21,200 Kolmel Plumbing - No estimate submitted Garland Septic- No response. George E. French - Utility Contractor of Vero Beach has provided the Iow quote and is currently under contract with Indian River County for utility wastewater work. This firm has recently installed the force main along Indian River 'Drive and is familiar with the Yacht Club requirements. In conjunction with this hookup, Indian River County requires a connecting fee of $150.00 to the force main and a pro rata share cost of $6,280.50 to utilize the wastewater system. This brings the total cost to $16,930.50. RECOMMENDED ACTION Move to approve the hiring of George F. French - Utility Contractor to install the wastewater connection for the Yacht Club, and to appropriate $12,384. for the construction, hook up fee, and pro rata share cost to permit this hook up. BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF UTILITY SERVICES 1840 2~ Street, V~o ,~e~,~: Florida $2~g0 August 21, 2001 Mr. Ralph N. Brescia, P.E. 0ity Engineer 1225 Main Street Sebastian, FL 32958 Cleveland Street Low Pressure Force Main Project Connection Fees for City Yaci'~t Club 820 Inctlan River Drive Dear. Mr. BrescJa: This letter is written at your request to provide the City with the requirements and costs to c~nnect the Yacht Club to the County's recently construCted Cleveland Street Force Main Project. I checked with our Customer Service Division after our telephone conversation and found out that the City has already paid for a sewer capacity charge (1 ERU) and has an existing water meter (see attached Account History sheets). Tl~e outstanding fees required are for: I) the prorate sllare of the cost of the force main (see attached calculation sheet) which is ~,280.50; and, 2) a $150.00 Utility Construction Permit (UCP) Review Fee.. I' have enclosed an application for the UCP, which you should complete and return with the fees. Please make two separate checks for the fees, each made out to the Indian River County' Utilities Department. ' I ha~,e also enclosed a copy of Sheet 4/4 of the project plans which gives the specifications, for the grinder pump station you will need in order to connect t~ the County sewer system. In your case you will be allowed a simplex station for the 1 ERLI of capacity reserved. This. plan sheet was made a part of the overall construction plans for the project so that it could be approved es part of the FDEP sewer permit (copy attached) for the project, Please note en Page 1 of ,5 of the permit that the grincler pump stations were included in the ps,nit. Therefore, a separate FDEP permit application (and fee) will not be required of each of tile individual customers when they desire to connect to the County system~ Please call me at 581-567-8000, extension 1825, if you have any questions. Si cerety, Gomlon E. Sparks, Environmental Engineer Mike Hotchkiss, P,E., Acting Capital Projects Manager, File UCP Ct 935 F:\Ufiltttes\UTILITY - IiNGiHI~E1LINCA?~iec~ - Utlltfy ~ion peg~niia\Reloa~ia~ Y~ Ciub~2~ YAOICi' CLUB Telephone: (561) 770-5300 August 21,200'1 BOA_RD OF COUNTY COMMISSIONERS DEPARTMENT OF UTILIT~ SERVICES 1~4o 25~ SVeo~t, Veto tBo~eA, Florida $2~60 Mr. Ralpt~ N. Brescia, P.E. City Engineer 1225 Main Street Sabastian, FL 32951~ Cleveland Street Low Pressure Force Main Project Connection Fees for City Yacht Club 820 Inctian River Drive Dear. Mr. Brescia: This letter is written at your request to provide the City with the requirements and costs to connect the Yacht Club to tyro County's recently constructed Clevelen~i Street Force Main Project.. i checked with our Customer Servl~e Division after our telephone conversation and found out that the City has already paid for a sewer capacity charge ( 1 ERU) and has an existing water meter (see attachecl Account History sheets). Tl~e outstanding fees requirecl are for; 1) the prorata si'ate of the cost of the force main (see attached calculation sheet) which is $6,280,50; and, 2) a $150.00 Utility Construction Permit (UCP) Review Fee.' I' have --nciosed an application for the UCP, which you should complete and return with the fees. Please make two separate checks for the fees, each made out to the Indian River County' Utilities Departmen+.. ' I have also enclosed a copy of Sheet 4/4 of the project plans which gives the specifications, for the grinder put~lp station you will need in order to connect to the County sewer system, in your case you will be allowed a simplc~x station for the 1 ERU of capacity reserve~l. This plan sheet was made a part of the overall construction plans for the project so that it could be approved as part of the FDEP sewer permit (copy attached) for the project Please note on Page 1 of 5 of the permit that the gdnclet pump station~ were included in the permit. Therefore, a separate FDEP permit application (and fee) will not be required of eacl~ of tl~e individual customers when they desire to connect tv the County system. Please call me at 56'1~567-B000, extension 1825, if you have any quesfionsL Sincere)y, ~ Gorclon E. Sparl(s, ~E. Environmental Engineer Mike Hotchkiss, P,E,, Acting Caoltai Projects Menager~ File IJCP # 9~5 F:\t~,llitie~\trl'l[,TrY - ENG1NY.~C.4Projeo~ - Utll~y C~mmruolio~ pa~u[t~\Sebm'd~ Y~ Clt~t~. YAC~{CI' CLUB .GeOrlle French UtilRy Contractor Vero BM~,FI.. · 5~1.-29g-? 113 Attention; Ralph Broaoia City of.Sebastian, Florida :Grinder Station, For Yaoht :Club Indian. River Drive Grinder simian P-antmge as per iRC U'ditie~ Total ~,746.00 In~lallaUon r.,ost of Gr~er b~tatlon $3,620.00 Furnish and Ina'miltOn pLoe and t~lJ~la for oonneoaor~ Fum~h and .Iratail gravity ~ewer pll:m~Jng t~,Grinder ~ation. $1,76~,~ 00 NOTE I~eatomtion of woe'In this ~ ama, is include0 in prices Eieobloel ~r,= ~e ~ ~'~t W~.~ ~ ~n ~ ~.n~.~d~ ~ m~Va~o~ent' of ~ ~m i~ NOT,I~u~. Thank You George Fmnoh Total We will furnish and install approximately 300' of 4"sewe~ line from the west side of the building to the proposed lift station site on the north side. NO FILL OR FINAL GRADING IS INCLUDED IN THE PROPOSAL. IF REQUESTED, CARE WILL BE GIVEN TO PRESERVE ANY EXISTING LANDSCAPING; HOWEVER, WE CANNOT BE HELD RESPONSIBLE FOR PLANTS, SOD OR SPRINKLER SYSTEMS. PATCHING OF CONCRETE OR ASPHALT TO BE DONE BY OTHERS. WE PROPOSE ~ere~t~furnishmateria~and~ab~r-c~mp~eteinacc~ancew~ththeab~vespecificmi~ns~rthesum ~: Four Thousand Eight Hundred and 00/100 Dollars dollam($ 4,800.00 ). P~menttobemadeas~llows: Due upon completion. All material is guaranteed to be as specified. All work to be completed tn a professional manner according to standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written ordsm, and will become an extra charge over end above t~e estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry tim, tornado, and ofi3er necessary Insurance. Our workers am fully covered by Wor~s Compensatton insurance, ACCEPTANCE OF PROPOSAL --the above prices, SPecifications' and conditions are satisfactory and are hereby accepted, You are authorized to do the work as specified. Payment will be made as outlined above. S gnature . ~ ~ Note: This proposal may be withdrawn by us If not accepted within 3 0 days. Signature Signature We will furnish and install the following equipment as per specifications. One fiberglass wetwetl 36"x60" with internal valves and cover; One ABS Model Pit S16/2 .submersible pump for 32 GPM at 60' TDH 2.1 HP, 230 volt, 60hz 3 phase, Impeller 136mm, 30' power cord; One control panel Nema 4X MFG. Per Simplex specs with fiberglass enclosure; Three float switches with cabte,'brackets & holders. This equipment Will take approximatelp 6 weeks for delivery.- ELECTRICAL WORK TO BE DONE BY OTHERS. WE PROPOSE herebytofurnishmaterialandlabor--completeinac~ancewiththeabovespeclfications, forthesumof: Four Thousand'Six. Hundred and 00/t00 Dollars dollars($ 4,600.00 ). Payment to be made as follows: Due upon coEpletion. All material Is guaranteed to be as sp~:ifled. All work to be completed in a professional manner accon~ing to standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written on:tare, and will become an extra charge over and abow Ne estimate. All agreements contingent upon strikes, accidents or delays beyond our control Owner to can%/fire, tornado, and other necessary insurance. Our wor~rs are fully covered by Worker's Compensation insurance. Note: This proposal may be,. withdrawn by us if not accepted within 3 0 days. ACCEPTANCE Of PROPOSAL- T,e above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work aa specified. Payment will be made as outlined above. Date of Acceptance: Pi~)UCT 1312]~T FOLD Ki' (<) 'ro FIT (:(3MPANION F,'l DU-O-%/t;E FJ~ E. Signature Signature We wil'l connect lift station to the county force main and perform start-up with manufacturer's representative. A one day start-up is required for warranty to remain valid, We will pump the existing septic tank, crush, fill and abandon, WE PROPOSE herebyt~furnishmateria~and~ab~r-c~mp~eteinacc~rdancew~ththe~b~vespecificati~ns~rthesum~f: Three Thousand Three Hundred Fifty and 00/100 Dollars dollam($ 3,350.00 ). Paymenttobemaoeas~ltows: Due upon completion. All matedal is guaranteed to be es specified. All work to be completed in a profaasional manner according to standard practices. Any alteration or deviation from above spe~lfissflone Involving extra costs will be executed only upon written orders,'and will become an extra charge over and above 1he estimab~. All agreements co~ngent upon strikes, acoldents or delays beyond our control. Owner to oarry tim, tornado, and other necessary insurance. Our workers am fully covered by Worker's Compensation insurance. Signature Note: This proposal may be Withdrawn by us tf nol accepted within 3 0 days. ~Ii~CCEPTANCE OF PROPOSAL --The above prices, spedftcations and conditions are satisfactory and are hereby accepted, You are authorized to do the work as specified. Payment will be made as outlined above. .,~ate of Acceptance: ~--~ I~UI~T 1512~1~ F~..D A'T (.) TO FTr IDOMPANION 771 DU4~VUI~ ~4VEZD.[ Signature Signature TO: FAX: .58_~620cj FROM: MEEK SONS PLUMBING FAX: .5615892071 TEL: 56158cJ2080 COMMENT: PLEASE CALL FEDERAL EMERGENCY MANAGEMENT AGENCY National Flood..Insurance Program Community Rating System NFIP/CRS C RS C RE.'D! T~ F O.R · DRAiNAG SYSTEM 'MAI"NTE'NANC :January 1999 Note on thi~ January 1999 Edition: This document was rev]sod to reflect the following major Changes in the 1999 C..RS CoorEfn~or'sMartual: The credit criteria for channel and basin debris removal (CDR) was substantially rmrised. The total points remain the same, but credit is no longer based solely on the frequency of inspections. · The example CDR procedures for Watertown were revised to maintain.mo,-t of the example community's credit points under the new scoring. Excerpts from example drainage maintenance, procedures published by the American 'Fisheries Society have been..added. The credit for stream dumping regulations (SDK) is no longer tied to CDR and the frequency of inspection. It should be noted that, in' spite of these changes, most communities will slill receive .some credit with little or no change to their programs. The SDR examplesiu this publication are the same ones used in the 1995 and 1996 editions and the C.D, P. exam. pl~.Md .o..nl. y minor changes. This docarnenI .was' prepared for the CommunityKating Task Force by the Insurance Services Office, Inc., with support from French & Associates, Ltd., and the Association of State If a community is interested in applying for flood insurance premium credits thr6ugh the Community. Rating System (CKS), it should have the 'C~ Application. The ~ Coordir~rtor's Manual provides a more detailed explanation oft. he.credit, criteria. These and other.publications on the CPS are .available au no cost from: '~":' ]Flood Publications NFIP/CKS: P.O. BoX 50101.6 Indianapolis, IN 46250-1016 (317) 848-2898 ]Fax: (317) 848-3578 They can also 'be viewed and downloaded from FEMA's Website, ~,~w.fema. gov. nfip ii Edition: January 1999 Credit for Drainage Sysmm Mainmmn¢e .ion CONTENTS P age ~dit Crit~ia ............................................... ......... :: .................................... 1 · 540 Drainage System Maint~.nauce ........................................................ Channel and Basin Debris l~emoval (CDK) .................................... 2 Stream Dumping Kegulations (SDK) ............................................. 541 Credit Points .................................................... ...................... · 11 542 Impact Adjustment ...................................................................... 14 543 Credit Calculation .............................. .--; ............................. : ......... 544 Credit Documentation'. ........ . ..... : ................. ; ............................. 714 545 ]For More Information .................................................. Example.Program for. Watertown .............................................. : ................ 19 · 19 540 Drainage System Maintenance ..................................................... 20 541 Credit;Points ...................................... ' ...................... - ................... 21 542 Impact Adjustment ................................................ 22 543 Credit Calculation .............................. - .................................. ' ...... ............. 22 544 Credit Documentation ................................................... 3.ctivity Worksheet .............. . ............................................................. Stream Maintenance SOP ............................................................... . ........ Stream Duraph3g Ordinance ...........' ......................................... : ............. 33 Outreach Project ............... ' ........................... ' ................................ Axlin~ton County's Stream Inspection Manual ........................................... 35 American Fisheries Society Guidelines ..... · .............. : ............. : ........... Wethemiield Watershed Management Study -. ...... ~.43 Contents .................................................. 47 Introduction ...................... ' .................................................................... ............ 49. Recommendations ................................................... : ..... : .... i'"'"' ' · 52 MSD Capital Budget ...... ' Stream Dumping Ordinances ...................................................................... 5~5~ Maudeville, Louisiana ........................................... : .............................. _~ South Hollan& Illinois ......................................................................... The cooperation provirl~d by Arlington County, Virginia; Mandeville, Ltrai.~iana; Mca'gate, Florida; Scruth Holla~ Illinois; the. American Fisher~es Society; and the LouiSVille and Jefferson County Metropolitan Sewer District ts appreciated. - x~inmmmce Edition: January 1999· .[This pag~ intentionally blank.] CREDIT. CRITERIA In the 500 series of activities, the Community Kating System (C~KS) provides credit for activities that prevent or reduce flood damage to existing development. Activities 520 (Acquisition and l~elocati'on) and 53 0 (Ketrofitting) credit actions ~aken on individual buildings to protect them from flooding. Activity ·540 (Drainage System Maintenance) provides credit for' maintaining the. local drainage. systexn in order to prevent flooding that is caused by blockages or reduction in storage resulting from accumulations of debris. When human-made.or natural debris is allowed to-accumulate, it ca~ create a dam in a channel or fill'needed storage areas. Although a properly maintained.' channel can carry rnnofffr0m most small storms; a blocked or dammed channel can cause more frequent overba~k flooding, unexpected erosion, and sedimentation. Similarly, a lack of maimenance c~ result in detention or ret6ntion' basin'S being filled with" sediment, or debris. If these basins are already'.full of sediment'or debris, they cannot store water and flooding can-result .because the drainage system cannot do its job. Maintenance of these human-made rarities'includes .care for the outlets, pumps,, wells, and'other pa~s that are.needed - for the basins to work. Many communities have programs and procedures for inspecting 'and clearing streams, ,ditches, and other channels; inspecting and cleaning retention or detention basins; clearfing storm sewers;. stabilizing stream banks; dred~ng; and straightening channels. Only the first two of these· activities ace necessary for CKS credit, although additional credit is provided if the community's program includes permanent modifications of the drainage system. This publication is'provided t'~'clarify what is needed'for. CKS 'credit and to offer examples ~' hoTM local programs'are scored'. It should' be used in conjunction with the CR~ Coordinator Manual, which can. be ordered through the office listed on the inside front cover. ~.. 540 .Drainage SYStem Maintenance ..... This activi~ recognizes three':el~ments of a community's' drainage sYstem maintenance program: maintenance of channels and: storage basins,~regulations that prohibit dumping in drainageways, . and routine inspection and maintenance of coastal erosion protection facilities. This section reviews the first'two elements and explains the prerequisites for recognition by the CKS...Maintenance of ~oa~tal erosion protection inclUdes dune or mangrove preservation, bluff stabilization, and beach nourishment programs. This third element is described in more detail"' in a separate publication, C. RS 'Commentary Supplement for' Special Hazards Credit. It can be ordered through the office li~ed on the inside front cover. Maintaining channels and basins Can be augmented by a program to limit the amount of runoff from new developments and one that controls erosion and sediment leaving construction sites. · CKS Activity 450 (Stormwater 'Management) explains the credit points for regulating construction axed other land alteration activities "to minimize runoff and. sediment-laden for Drainage Sysmm Main~ce . I stormwater. A comprehensive community drainage program, should, inclUde elements from both Activities 540 (Drainage System Maintenance) and 450 (Stormwater Management). Under the 1999 CRS Coordinator's Manual credit criteria for Activity 450, if the community wants credit' for public maintenance of new stormwater management facilities, it must have procedures that meet the same requirements as the procedures' for Activity 540 explained here. It is strongly recommended that these procedures be in the same document, especially because the two maintenance programs are most Iikely conducted bY the same peraonnel. Channel and Basin Debris Removal (CDR) This element is known by its acronym, "CDK." CDK work can be limited to removal of log jams, trash, .fallen trees, shopping car~.% and 'similar debris that can dam a stream and cause flooding. It must also include inspection and maintenance of human-made storage basins, including' their pumps, ouffall pipes, .and related facilities. community requesting credit for its Program must submit documentation that explains how operates. Section 544.a specifies five key items that need to be included: 1. Who is responsible 2. What part,of the drainage system is covered 3. 'Inspection procedures 4. Maintenance procedures 5. Records These five items are covered in more detail here. · 1. Who is Responsible. Two jobs need tO be performed: inspections and ma/ntenance. The documentation submitted must identify what person or office is responsible for each. In. most cases, the drainage system is inspected and maintained by the community's public works . department or'a similar agency. However, what counts for the CKS is not who does the work but whether it.is being done. The agency that administers.the Program does.not have to be the community. Many communities are in flood controI- or drainage diswiets that perform both jobs. In other cases, a community emPloyee will do the inspection and the community will contract with a private company to perform the maintenance. ".:' ,~ In man2 communities, property owners' assodations are responsible for maintenance of retention or detention basins on their property. The CR$ can Provide credit for this arrangement only if the coramuniry has an inspection program ~ the authority to order the owner to perform needed maintenance. The CP, S also recognizes programs that require the owner to. Submit periodic inspection reports signed by a licensed engineer. In short,. the community must show that the job will get done according to its inspection and maintenance schedule. No credit is provided for projects that are dependent on unsecured 'If' "~'1 II I '! Credit for Drainage System Maintenance 2 ir, · Edition: january 1999 outside funding, such as'a spec~ai appropriation from the state legislature or approval of. a .C°rps .. of Engineers' clearing and snagging project. Secured'outside funding, such as projects financed by an annual state distribution of gasoline tax receipts, is acc.eptable. 2.. Area Covered by the Program. Each community must defineits own' drainage system, for this activity. Tkis is best done on a map with a narrative that is included in the drainage system maintenance, procedures submitted with thee CKS application (See Section 5 .44.a.-2). 'The community must be able to describe its "drainage system." For the purposes of this activity,. a drainage system consists of all natural and human-made watercourses, conduits, and'sto~age basins that must be .maintained in order, to prevent flood damage to buildings from smaller, more frequent smrrns. In some communities, this Will include streets; roadside.ditches, underground storm sewers, and inlets, as .well as open channels and de.tcntio, n and retention basins.... Facilitie. s covered The determination of a communitY's drainage system is b~ed' on what facilities need' to be maintained in order to prevent damage to buiIdings. In some communities, it. will be open channels and ditches. In a flat community, especially one protected by a .levee; maintaining storm sewers, sewer inlets, canals and .pump .stations may be vital 'to prevent flooding.. In-some areas of a community, roadside ditches are important conveyors of surface water and must be kept cleaned. In u/-banizing watersheds, storage basins may be vital to preventing small' storms from flooding buildings. The drainage system must inclUde watercourses identified on 'the community's Flood Insurance Kate Map .('FIKM) ~ watercourses not in the floodplain (in-B, C, or X Zones). In fact, the Ct~S is particularly concerned with flood insurance claims paid on properties that are not in the, .floodplain. Most. of these' claims are due to inadequately sized or maintained drainage facilities in B, C, or X Zones. .-- The sites-of flood insurance 'and disaster assistance'claims should be considered by the: Community in determining the extent, of the local, drainage .system that deserves, regular_: maintenance. In communities with repetitive losses,, the 'drainage system MUST cover those areas having repetitive loss properties where the cause of the losses was .due to local .. drainage Problems or smaller, more frequent-storms. Facilities ,ct 'coW~'efl' ce~t~in areas do NOT need to be included" in the drainage ~stem maintenance program. While the following parts of a drainage.system should- be maintained,-they: are not necessary for CI~S credit: Drainage f~c[litieS in. undeveloPed areas. For CKS. credit, a community only needs to maintain .those facilities where debris blockages would result in flooding of insurable buildings. Ther.efore, agricultural .areas, parks, and areas .with less than 'one building' per acre do not need to be covered by the drainage maintenance program. Section 542, Impact Adjustment, explains how to exempt' streams or ditches in rur~l areas, parks; or..lands preserved, as open space, Cr=dit' for Dr~i-~ge Sy~m Maintenauc~ Edition: 3~num-y 1999 Swales and other grading techniques that direct water from a single private lot to the streets or drainage ditches. 3. Channels that will not inundate buildings durifig a flood} such as deeply incised ravines. Natural storage areas. Lakes, ponds, rnarshesl and wetlands can usually absorb debris without sign~cantly affecting their storage capacities. Because of'their natUral resource benefits, the CRS encourages communities to maintain their appearance and prevent dumping-into them. The CI~S .does not advocate maintenance activ/ties 'that disturb wetlands and other natural Irrigation CanalS. These do not need to be i~acluded unless they are specifically designed to be part of the community's drainage system or they intercept drainageways during high flows, either intentionally or accidentally. t~i~,ateprot~erty. In many areas of the country, property lines run to the middle ora steeam or ditch.I Often owners are legally resp ons~le for maintenance'of a channel on their property. This condition does not exempt the 'channel from .the. communiry:s maintenance program. Obstru~ions and debris in such watercourses cause flooding. . . A community must have the legal authority to inspect the channels and basins that it identifies- as part of its drainage system. A community without the authority to enter properties to inspect all channels, and basins may demonstrate that it has adequate visibility from public property to see them all. On the other hand, a program that only inspects bridges and culverts will not be recognized., for credit. A community must also have the authority to remove debris. This means that it is authorized either to enter the properties to perform maintenance or to order the owner to perform the' maintenance, ff' there are areas where the community, does not have these authorities, then it must modify its credit points to reflezt how much of the drainage system it can inspect and maintain. This is discussed in Section 542, Impact Adjustment (page 11) and in the Watertown example (page 19), · It is important to note that this activity is verified in the field. An.ISO/CKS Specialist will check a sample of'stream segments and basins in the areas where the community states that it maintains them.. If the field check shows that.'maintenance is not being performed' according to the' community's written procedures, the oredit points will be adjusted. Citations issued to private property owners are 'not considered maintenance unless they are enforced and bring results. The community's "drainage system" 'does not have to include facilities that only drain one lot. In order to draw the line between public and private maintenance responsibility; the community may exempt landscaping swales, Iow ground along property lines, or small drainageways from its program. However, facilities that are needed to drain several lots, such as a swale or ditch that hms through several private properties, must be considered part of'the drainage system .that needs to be inspected and ma/ntained. C Credit for Drainage System Maintenance 4 ]~difion: January t999 Altered watercourses. The CKS provides credit for activities that are "above and beyond" the minimum requirements of the National Flood Insurance Program (NFIP)i If a stream is altered after the community's Flood Insurance Rate Map is published, the NFIP requires the community to ensure that the channel's carrying capacity is not adversely altered (44 CFR 60.3Co)(7)). There is no CR.S credit for maintaining, such altered watercourses, because the maintenance is a minimum requirement of the NFIP. In fact, failure to maintain such watercourses may result in a FiRM revision. : 3. Inspection Procedures. Inspection and maintenance requirements vary widely across the country. In areas with high rainfall, some communities may need to remove vegetation several times each year in order to ensure that its channels function properly. On the other hand, desert channels and debris basins may only need to be maintained after storms. This may vary highly within a community from year to year i/there are no major storms one year and several the next. However, periodic INSPECTiON of channels and basins in developed areas is needed in every community to preYen~ the accumulation' of debris deposited by dumpers and careless people. For the basic CRS credit, inspections must be conducted: * At least once each year, . After each storm that could adverselY impact the drainage system, and . In response to citizen's.complaints. These should be considered minimums. Local conditions may well warrant more frequent regular inspections. The CKS will not provide credit for a pro,am that only makes inspections when a complaint is filed. While the program must respond to complaints, regular inspections are vital. Often complaints are filed after the prot~lem causes a flood. The objective of drainage system maintenance is to prevent such problems. It should be noted that CKS Activity 330 (Outreach Projects) encourages communities to advise their residents on .how to submit complaints, especiallyifthey see illegal dumping (see Water[own example, page 34). Problem sites While annual inspection may be sufficient for many parts of the drainage system, some spots may need more frequent checks. Additional credit is provided if the community "identifies specific problem shes that are inspected and maintained differently or more frequently than other parts of the drainage system." For example, some areas may be more prone to vandalism or dumping or some culverts may catch debris more than others. Drainage maintenance procedures that recognize different needs for different parts of the drainage system receive more CKS credit. 4. Maintenance Procedures. Typical problems found in open Channels include trash, shopping carts, tires, plastic containers, branches, and lo, ams'. Typical storage basin problems that must be fixed include clogged inlets and outlets, basin sedimentation, and broken pumps. A regular maintenance program with inspections can prevent these items from becoming big Credit for Drainage System Maingnanee 5 Edition': January 1999 problems. When found early, they can often be removed or corrected with minimal equipment and expense. The maintenance work for the basic CKS credit is normally carried out by a public works crew or contractor, usually without heavy equipment. The objective is to remove debris that has accumulated, such as shopping carts and log jams. For 'this CRS '.credit, the community's program must clearly describe what can and carmot be removed. Strearn.classification. The community's drainage system maintenance program must identify what is considered a problem and what happens when a problem is found. This may require classifying streams and basins as natural and human-made and treating them differently. Debris like trash would be removed from both but the community would only mow and remove small· trees from the human-made ditches. Figure 1 shows the main characteristics of natural and human-made ditches. Natural Channel Human-Made Ditch Figure 1. Natural and human-made ditches Natural cha. nnels: The natural ,channel has a wider area in which to flow. Trees and small log or debris jams can be accommodated by minor diversions of flow without causing any problems. In fact, vegetation and minor obstructions that cause riffles and pools are desired in many natural streams because 'they improve habitat and water quality. Human-made ditches. A human-made drainage ditch or canal is designed to use less area to carry ·more water. These channels need more attention because there is no room to carry overflows caused by blockages. They are not intended to have trees and other vegetation growing in them. In human-made ditches, too much vegetation is considered "debris." Therefore, if an inspection finds trees and brush growing in the channel, they have to be removed. Regular mowing and grubbing ensures that these channels do their job. MaintenanCe of natural channels. The community's program should not treat natural and human-made ditches similarly. In natural streams, natural organic debris like branches should be · left in the channel as long as it does not cause a flood problem. Such debris is part of the natural Credit for Drainage System Maintenance 6 Edition: January 1999 system that provides a habitat for water-dependent life. Although debris that accumulates at a bridge can cause a major obstruction and should be removed, branches that fall in other locations that would not impact flooding could be left to help maintain the natural habitat. Another problem in natural streams is that new vegetation grows close to the ground. It-forms more resistance to flood flows than taller, more mature bushes and trees. If the vegetation is cut every year, the community may be preserving flood obstructions. On the other hand, allowing the vegetation to reach maturity may improve the channel's flood carrying capacity and provide for a better habitat. In short, drainage system maintenance programs need to take into account the habitat and recreational as well as the flood control facets of the stream. The community with a multi- objective approach to its river corridors will best be able to handle the .competing interests and get the best results from its stream maintenance efforts. 'Bank erosion. Another kind °fproblem is bank erosion. This is more important where there are .'steeper banks, such as in a human-made ditch, and where houses or bridges .are threatened by the erosion. Because bank erosion usually does not cause an obstruction to flood flows, CI~S credits do not reflect local Programs that deal wit'h it. Similarly, bridge.and culvert maintenance are only considered if their condition obstructs the flow of water. " Storage basins. Retention and detention basins are usually human-made. Normally, the owners of basins on private property have agreed to specific maintenance requirements. Typical problems are obstructions to inlets and outlets, sedimentation, and pump failure. As with bank. stabilization, CRS credits are not adjusted if there are problems with appearance and aesthetics. State permits. If the community has 'the right t'o enter all affected properties to perform maintenance, there should .be no legal problems. In some cases,' a state permit may be required. Usually a state permit .is needed only for major projects, such as channel widening or bank stabilization. If a permit is needed for routine maintenance and debris removal, a general permit can often be obtained for a period of years and that specifies what work can be done. The ~ community's program needs to identify the instances in. which a state permit.is needed. Capital improvements. For'the. basic CRS m-edit, one-time-only projects like channel alterations are .not needed. However, additional credit is .provided if the community has an ongoing program, such as 'a capital improvements plan, to eliminate or correct problem sites or to construct "low maintenance" channels or other facilities. These could include: , Reconstructing or enlarging bridge openings, .' .. · Modifying a channel, · Dredging or removing sedimentation, · Placing rip-rap on banks, · Reconstructing inlets and curets, · o Installing grates to catch debris, ° Constructing new storage basins to reduce flows into channels, · Replacing of pumps, or Credit for Drainage System Maintenance 7 Edition: January 1999 · Planting willow shoots or installing other "soft" bank protection measures. These items are not routine maintenance but they can reduce surface flooding and o~her damage caused by smaller, more frequent storms. They can also reduce a community's overall maintenance effort by correcting known problem sites. There.is no credit for capital improvements if: .o' The community does not have a written capital improvements or drainage system improvements plan, or · The community does not budget money on an annual basis for drainage system improvement projects. Infrequent capkal expenditures are not credited. However, if the community has a master plan that shows that few or no capital improvements are needed, then a program that funds a project only every few years can be recognized. 5. 'Records'. A maintenance program needs records. The ISO/CRS Specialist will verify the .program by field checking both the channels and basins and the records that demonstrate periodic inspections and corrective actions taken. Other records that may be needed are citizen complaint forms and state perm/ts. Examples of inspection and maintenance records are included on pages 31, 32 and 39. Stream Dumping Regulations (SDR) The second element in CRS recognition of drainage system maintenance credits regulations prohibiting the dumping of trash and debris in streams, and storage basins. This element is known by its acronym, "SDK." Regulatory languag~ The community's regulations must include the following items: A prohibition against 'dumping any material in a channel or basin that could cause an obstruction to flows. The ordinance or law must specifically prohibit dumping in streams and ditches. An ordinance that prohibits littering in public places or similar general nuisances is not acceptable. These types of ordinances focus, on noxious ,materials, like garbage. Many non- noxious materials, such as logs, tree limbs, and grass clippings, can obstruct flows. Therefore, the ordinance must specifically address the problem of keeping channels clear of all materials, including brush, fill, and landscape waste, which are normally not covered in a littering ordinance. However, it does not need to include liquids. Identification of an officer or office responsible for monitoring compliance and conducting enforcement actions.. It must be clear that if a violation is found, the community or other enforcement agency will pursue it. It is not sufficient to rely on an ordinance that depends on a citizen to initiate a civil suit against a neighbor or other violator. Credit for Drain.age System Maintermnce Edition: January 1999 Usually the enforcing agency is the police department, environmental control officer, or the building or housing code department. In 'some states, a state law has qualified for SDI~ credit. However, those states have field enforcement .officers who patrol the streams and have the authority to issue: citations. Provisions for penalties and abatement of V/olations. It must be clear that there is a penalty for violating the dumping regulations .and that someone has the authority, to order the obstruction removed. These provisions do not have to be in the same 'ordinance. A photocopy of the appropriate sections of the ordinance(s) or law(s) must be attached to the submittal. Examples of ordinance or law language are included at the end of this publication. Nors: The example ordinance language provided, in.this publication is based on actual ordinances used by CE communities. All ordinance Frnguage'..shouM be reviewed 'by legal counsel before adoption. Outreach project. The credit points for SDK are doubled if the community publicizes the regulatory requirements. This can be done by one of four kinds of outreach projects: 1.' An outreach project to the community credited und. er OPC' in Activity .330 (Outreach Projects), An outreach project Pursuant to the public'information strateg-y (OPS) credited in Activity 330,. provided the public information strategy document discusses publicizing drainage system maintenance, An outreach project that advises all residents and.businesses in the commUnity about the regulations, 'but is not credited under Activity 33 O, or Posting' "no dumping in the stream" signs at .key locations in the drainage system, sUch as frequent problem spols, Schools, and public parks (see example' of a sign that has been used by several CKS communities).. No Dumping in Channels or Ditches. The House You Flood May be Your Own. Report Dumping to ' City Hall (555-1234) III IIIIIII If alternatives 1--3 are used, the annual outreach project must cover .the topic of drainage system maintenance. It must inform residents about the regulations and how t° report violations, An example of such a projem appears in Figure 330-1 of the Coordinator's Manual and in the examples in CRS Credit for Outreach Projects (which can be ordered through the office listed on the inside front cover). Watertown uses this approach, too (see page 34). 541 Credit Points Three elements provide credit points under Activity 540. "CDR" is the variable for the element channel and basin debris removal. It provides up to 300 points, one of the largest credits in the CKS. "SDR" is the variable for the element s_tream dumping regulations, and provides up to 30 .... ffi '"11 III '11 "1 ....... I I'114 ..... I' ~ Credit for Drainage System Maintenance Edition: January 1999 points. "gPM~ is the variable for the element coastal _erosion l/rotection maintenance, which provides up to 50 points. a. Channel and Basin Debris Removal (CDR) The credit for CDR. is provided only if the cOmmunity can demonstrate that its program meets the five credit criteria points discussed on pages 2-8. The following credit points are provided based on the community's program: 1. 200 points are provided for the basic program. The community's drainage system maintenance program must"inctude all of the following criteria: -(a) The entire drainage system is inspected at least once each year, An inspection is conducted after each storm that could adversely impact the drainage system, (c) InspecTions are conducted in response to .citizens' complaints, and (d) Action is taken after an inspection identifies a need for maintenance or cleaning. The commurdry's drainage system maintenance procedures (discussed in more detail in Section 544. a) must show how these four items are addressed. It is important to note that the points are not based on cost of the pro,am, the source of funding, the ·amount of debris removed, and similar administrative issues. What counts is that the community inspects and maintains its drainage system, on a regular basis and when ir is shown that maintenance is needed. An addkional 50 points is provided if the community's program identifies specific problem sites that are inspected and maintained differently or more frequently than other parts of the drainage system. Problem sites can be Channel constrictions, habitual debris catchers, undersized culverts, facilities near schools or other source of vandalism, etc. The procedures must list these sites (or show them .on a map) and describe how they are' treated differently, usually through more frequent inspections. - Another 50 points can be added to the basic program's 200 points if the community has an ongoing program to eliminate or correct problem sites or otherwise reduce drainage problems or maintenance work. As discussed on page 7, funds must be spent annually on capital improvements or the community must have a master drainage improvement plan that shows that few or no capital improvements are needed. The credit for CDR. is the sum of·these three items. CDR. can = 200, 250, or 300, depending on the community's program. The first item must be credited for any CDR credit (e.g., .if the community does not have a ~regular maintenance program, there is. no credit for a capital improvements program). Crextit for Drainage System Maintenance Edition: january 1999 C Verification visit. During the verification visit, the ISO/CI~.S Specialist will check the actual condition of the drainage system. The ISO/CRS Specialist will conduct a field survey zo verify that the channels and basins are clear. A sampie of five sites will be examined. If one or more is not maintained in accordance with the community's explanation of its program,, the ISO/CKS Speciaiiat will look az ~ve more sites. Based on the review of the 10 sites, the value for CDR will be adjusted: For example, if the survey finds three of the 10 sites to have debris or growth that shOuld have been removed, then the value for CDR will be reduced by 30%. If more than five of the 10 sites have not been maintained, a third sample of five sites will be inspected. If the final result is that more than 50% of the sites have not been maintained, vCDK = 0 and the credit for CDK will be zeroed out ("vCDR" stands for the verified CDK score). Many communities have different maintenance requirements for natural and human-made ditches. Normally more vegetation and trees are allowed in natural channels. It is important that the program explanation, identify the channels and the maintenance 'procedures for each type. Otherwise, the ISO/CKS Specialist may survey a natural channel but assume that it should be maintained like a human-made one. b. Stream Dumping _.Regulations (SDR) If the community's regulations meets the three credit criteria specified Under "regulatory language" on page 8, then it qualifies for SDR credit. 1. SDK = 15 points if the stream dumping regulations meet all three regulatory language criteria. 2. SDR. = 30 points if the regulations meet'the three criteria and the community publicizes the requirements.. The publicity requirements are discussed under "outreach project" on page 9. c. Coastal Erosion Protection Maintenance (EPM) Credit for EPM is described in Section 540 in CRS Commentary Supplement for Sj~ecialHazards Credit. The credit calculations' are recorded on a separate ~rctivity worksheet, AW-540SH. The credit points, cEPM, are transferred from AW-540SH to A.W-540. The worksheet is in Commentary Suivplementfor $2vecial t-Jazards Credit, which can be ordered using the form in Appendix E of the Coordinator's Manual or through the office li~ed on the inside front'cover. 54:2 Impact Adjustment Most communities provide the same drainage maintenance service to all residents and therefore their programs cover the entire community. However, there may be cases in which a community can only inspect and maintain part of its drainage system. The impact adjustment modifies the credit points to reflect how much of the community's developed areas are covered by its drainage maintenance program. Credit for Drainage System Maintenance 11 Edition: 1999 Jauuary ~) To simplify the CR.S application process, the impact adjustment is not included in the CRS ztivplicntion. When the ISO/CRS Specialist conducts the verification visit, he or she will help deterrrfine the appropriate impact adjustment and will help with any needed calculations. The ISO/CRS Specialist completes activity worksheet AW-540 to determine the final or verified credit for this activity. Ut_he community wants to modify its program to receive more CKS credit, it submits AW-540 with its modification. Because the community should be familiar with A.W-540, .a completed example is included on page 24. Develoiped areas. Full CP,~S credit is provided if the Community inspects and maintains all parts of the system in developed areas. There is no set definition of "developed portions of the community." At a minimum it includes subdivisions with lots of 1 acre or smaller. It does not need to include farms, forests, parks, or.preserves unless' obstructions in those areas will result in flooding of built-up areas. The community only needs to demonstrate that there are no buildings threatened in areas not covered. For example, full credit is provided to a county that maintains the drainage system in built-up areas, even though it does not look after every ditch in its rural areas or in parks or preserves. Indian reservations, lands oWned by the state or another community, and federal land, such as national parks and 'military reservations, are generally beyond a community's'jurisdiction. These may be excluded from the drainage system maintenance program. More guidance on excluding these types of properties can be found in Section 403 of the Coordinator's Manual. JPartial coverage. There are cases .where drainage maintenance programs de not cover all developed areas. For example,.a communi~ may not have the legal authority to send inspectors or maintenance crews onto some properties: Some communities are just starting formal maintenance programs and are phasing in streams for regular inspections at, er major obstructions have been removed or a~er rights-of-way have' been obtained. In some areas, ~tate or federal regulations may .prevent disturbing the habitat of an endangered species. I/the community cannot provide inspections and maintenance in all developed areas, the CR.S credit points must be adjusted to reflect the impact of the program. This adjustment is done by multiplying the credit points for CDK by the percentage of the community covered. This percentage is represented by "rCDK," which stands for the ratio of the area covered. There are three options that can be used to calculate this impact adjustment. a. Option 1 Option 1 is used if the community inspe~s and maintains all of its drainage system as described under "Area covered by the program" on page 3 within all developed areas of the community. Under Option 1, rCDR = 1.0. This means that the score for CDR. is multiplied by 1.0. Full credit is received for CDR because the program affects the entire community. Credit for Drainage System Maintenance 12 Edition: 'January 1999 NOTE: !f the community uses Option 1, its submittal must include an Impact Adjustment Map that shows all channels and other drainage facilities in its.developed areas. If the community's program does not cover all drainage facilities in its developed areas, then it cannot receive fun credit for CDK. The impact adjustment reduces the credit by multiplying CDR by a value less than 1.0 using Option 2 or Option 3. b. Option 2 Under Option 2, rCDR = 0.2. The community receives 20% of the credit for CDK. Option 2 is used if the community does not want to calculate the areas affected by its program under Option 3 or if Option 3 calculations .result in rCDR less than 0.2. c. OptiOn 3 : Under Option 3~ the total area covered by the drainage maintenance program must be calculated "and divided by the area of the developed portion of the community. The area affected by the program is represented by "aCDR" in. the formula.' The _area of the developed portion of the community is shown as "aDC." The formula is simply: rCDK = a(~DK aDC NOTE: If the community uses Option 3, its submittal must include an Impact Adjusrment Map that shows ali channels and other dr~nage facilin'es in its developed areas and identifies.those that are covered by the maintenance program. The term "area" is used to be consistent with impact adjustments in other CRS activities. For this activity, the community will find it easier to 'base the impact adjustment on the lengths of the · channels rather than on area measurements. The following procedure·is recommended: On the Impact Adjustment Map, identify and mark all channels and 'basins that the community determines to be its drainage system based on the criteria discussed under "Area covered by the program" on page 3.0nly those in the developed portions of the community need to be shown. 2. Mark the channels and basins subject to the inspection and maintenance program. 3. Measure the total length of the streams and ditches in miles, feet, yards, or other linear measurement. Measure basin perimeters in the same units. The area or length of all the channels and basins is aDC. The area or length of those subject to inspection and maintenance is aCDR.' These values are entered in Section 542.c of AW- 540 (see example 'on page 24). Credit for Drainage System Maintenance 13 .Edition: January 1999 5. Include the map with the submittal of a modification. Keep a copy of the map along with your notes on your calculations for the ISO/CKS Specialist's verification visit. IfrCDl[ is less than or equal to 0.2, then Option 2 should be used. This will provide, more credit points if rCDR is less than 0.2 and will el~rninate the need for an Impact Adjustment Map. During the verification visit, the ISO/CKS .Specialist will check how the community calculated aCDK and aDC. 543 Credit Calculation To determine the credit points for this a~ivity, the value for CDR. is' multiplied by the impact adjustment ratio, rCDR. The product is called the credit.for CDR. o cCDK: a. cCDR = CDR x rCDK The value for the charmel and basin debris removal program (cCDR) is' then added to ihe credit points for the community's stream dumping regulations (.SDR) and its coastal erosion protection program (cEPM). The result is the credit for 'Activity 540, Drainage System Maintenance or "c540:" b. c540 = cCDR + SDR. + cEPM The credit calculations are shown on activity worksheet AW-540. An example of a completed worksheet is on page 24 in this publication and in Figure 540-1 in the Coordinator's Manual. 544 Credit Documentation For a community's first application for a CR.S classification, worksheet page 41 of the C~' Application is submitted along with the documentation described below. A blank copy is found at the end of the C~ Application. Subsequent requests for credit are called modifications. Modifications include the activity worksheet AW-540 along with the documentation described below. This worksheet is also used by the ISO/CRS Specialist to calculate the.community's verified credit. A completed example is provided on page 24 of this document. A community may a/so opt to use the C27.S Calc~la#on Software, which calculates the points and prints.the worksheets. The CP~Application, the sof~,vare, and the paper activity worksheets can be ordered using the form in Appendix E of the Coordinator's Manual or by contacting the office listed on the inside of the front cover of this publication. Section 544 on the Ct~Application worksheet page 41 and on AW-540 is a Checklist for the documentation needed inaddition to the worksheet. Up to five items must be included with the community's submittal depending on the credit applied for. These are explained in sections 544.a through e, below. Kecords showing that the inspections and subsequent maintenance were Creflk for Drainage System Maintenance 14 Edition: Janum'y 1999 performed will.be needed during the verification visit, as noted in Section 544.f. These six hems are needed to confirm that the community's program meets the' CRS credit criteria. If the community wants credit for coastal erosion protection maintenance 0EPM), then the submittal also needs AW-540SH and the appropriate documentation described in Section 540SH of CJ~S Commentary Supplement for Special Hazards Credit. a. Program Explanation To receive credit for this activity, the applicant must attach a summary description of the community's drainage system maintenance procedures to its worksheet. The document must cover the five key items discussed on pages 2-9: 1. Who is responsible. This may include agencies other than the' communit3"s public works department, such as a drainage district, state highway department, or property owners' :association. The community is still responsible for providing the materials needed to verify the program. .' A description of the area covered by the program and a description of the types of channels (e.g., -natural or human-made)2 These descriptions are only needed for the developed portions of the community. If the community uses Options 1 or 3 to determine the impact adjustment, the description must include a map of all open channels and storage basins in the developed area and show which ones are subject to the maintenance program (see Section 544.e). The drainage maintenance staffmust have access to the property to conduct inspections and to perform the maintenance unless the community has the legal authority to order the owners to correct the problems. · Inspection procedures. The document must show: · When the entire drainage system is inspected, - Where and how soon inspections are conducted after a major storm, and · How soon inspections are conducted aiSer citizens' complaints. If the.community wants the additional 50 points under Section 541.a.2 for inspecting and maintaining spicific problem sites differently or more frequently than other parts of the drainage, system, the sites and inspections procedures need to be included. Maintenance procedures. The document must show how soon aiSer an inspection an area must be cleared and what can and cannot be removed. The actions may be different for different channels. For example, the procedures may call for the public works 'department to remove downed trees and underbrush from human-made ditches but to leave them in parks or natural areas. Simply stating that "problems are corrected" or "debris is removed" is not an adequate description of what actions are to be taken for the different types of materials 'that may be found. 5. Kecords kept for the inspections and subsequent actions. Generally, a.program has forms for citizen complaints and inspection records that identify where maintenance is needed and 15 Edition: January 1999 Credit for Drairmge System Maintenance form~, such as work orders or time sheets, that record when and how the maintenance was done. Some communities may already have written procedures that include most or all of the five topics. In these cases, the community would only need to write a memo explaining the missing information. In, all cases, the topics must be highlighted or identified by notes made in the margins. Examples are included on pages 25-32 and 35-39. b. Capital Improvements Program If the community wants the 50 points additional credit under 541.a.3 for constructing permanent modifications to its drainage system, it mu~t document that it has an ongoing program. One way to do this is to provide, a copy of a page from the community's annual budget or capital improvements budget, provided they identify multi-year expenditures. There mu~t be one or · more line items that clearly show that the funds are budgeted for drainage system improvements rather than routine maintenance. An example of such a budget is included on page 53. Normally, annual capital improvements expenditures are based on a long term plan. The community may have a copy of a drainage system improvements plan that describes the long term iieeds and estimates annual funding needs for the next several years. An example is provided .on page 43 'for the Town of Wethersfield, 'Connecticut. . Especially in small communities, drainage system improvements may.not be needed every year. If the community has a written capital improvements' or drainage system improvements plan that shows that few or no capital improvements are needed, then a program that funds a project only every few years can be recognized. c. Stream Dumping Ordinance · If the community regulates.dumping in open channels :and basins ~d it wants credit under SDK, it must attach a copy of the appropriate pages of the ordinance or.statute.. A photocopy of the appropriate sections of the ordinance(s) or law(s) must be attached to the worksheet. The acronym "SDR" must be marked in the marg/n and where the three required items of regulatory language appear (See page 8) must be shown. ·Examples of stream dumping ordinances are included on pages 33, 55, 56 and 57. It is not necessary to submit a certified copy of each ordinance. The Chief Executive Officer, s certification of the community's entire submittal is considered.to include a certification that the ordinance or statute has' been enacted into law and is being enforced (see Section 212.a in the Coordinator's Manual). Cr~tit for Drairmge System Maintenance 16 Edition: January 1999 d. Outreach Project I_f the community is applying for the full 30 points for'its stream dumping regulations (SDK), the submittal must include a copy of the annual outreach project that explains that there are regulations against dumping and how to report violations. This can be: .. A notation that one of the outreach projects submitted for Activity 330 (Outreach Projects) includes the drainage maintenance topic, A photocopy of a notice that is distributed to all residents of the community each year, or A photo or photocopy of a "no dumping" sign.' A copy of the outreach project is submitted each year with the community's annual recerfification. The recertification is due to FEMA by October 1. The ISO/CKS Specialist provides the forms with specific instructions. e. impact Adjustment MaP If the community determines the impact adjustment ratios using Options 1 or 3 (SectiOns 542.a and 542.c), then the submittal must include an Impact Adjustment Map. The map must show all channels and other drainage facilities in the developed portion of the community and identify which channels and facilities are covered by the channel and basin debris removal program. Lfthe community does not have a map, the ISO/CKS Specialist will calculate the Credit points based on Option 2. An example map is on page 30. A community may use Option 2 on its submittal and provide the Impact Adjustment Map for Option 3 .credit during the verification visit. L Records During the verification Visit, the iSO/CRS Specialist will ask to see records that demonstrate that the inspections and maintenance were performed. Because the community's credit is pardally based on the frequency of inspections, there must be documentation 'that shows that the inspections were conducted on schedule and. that needed maintenance 'was performed. These records can be in the form of inspection reports, memoranda on inspection findings, completed work orders, landfill receipts, 'time sheets, etc.. These records are not submitted with the application or modification. They are made available for review by the ISO/CKS Specialist during the verification visit. Ex. amples of these records are included in the Watertown example (pages 31 and 32) and the Arlin~on County program explanation (page 3 9). Each-year copies of typical inspection and maintenance records for that year are submitted with the annual recertification. The recertification is due to FEMA by October 1. The IS O/CKS Specialist provides the forms with specific instructions. Credit for DraJ.uage System Maintenance 17 Edition: January 1999 545 For MOre Information Communities can request help on this activity 'from the U.S. lqatural Kesources Conservation Service. l~.equesZs should be submitted to the local soil and water conservation district, which is usually located in the county seat. Urban communities may be within an urban drainage or sewer district that has drainage maintenance s~aff. Some state .departments of natural resources or water resources also have drainage maintenance expertise. Stream Ob~r'~ctio~ Removal G~idelines, by C. McConnell, published in 1983 by The Wildlife Soc-lery and American Fisheries Society, provides simple and easy to understand guidelines for a channel maintenance program that has a minimal impact on habitat. Some excerpts from this publication appear on pages 40-42. It can be ordered for $8 plus shipping from the American Fisheries Society, 54:10 Grosvenor Lane,-Bethesda,.MI) 20814. ~ ............. Credit for ]~-aimge System Maintenance 18 Edition: January 1999 Subject: Travel Authorization/ Tallahassee, FL Te~Xe~ce R. ~o/re v ~ Agenda No. 01. 127 Department Origin: Date Submitted: 09-18-01 For Agenda of: 09-9.6-01 Exhibits: EXPENDITURE REQUIRED: IA.MOUNT BUDGETED: APPROPRIATION RE(~UIRED: SUMMARY The Historic Preservation Advisory Council, in Tallahassee, Florida, cancelled their meeting early on September 11, 2001, due to the National emergency. Therefore, City staffwas unable to make their presentation concerning the City of Sebastian's 2002 Special Category Historic Preservation Grant request. The Historic Preservation Advisory Council will reconvene on Monday, October 8, 2001. Staff is requesting authorization for the City Manager and a City Council member to travel to Tallahassee, Fl, on Sunday October 7, 2001 - Monday, October 8, 2001 to present and discuss the City's 2002 Special Category Historic Preservation Grant request. RECOMMENDED ACTION Move to approve the City Manager and a City Council member to travel to Tallahassee, Florida, on Sunday, October 7, 2001 -Monday, October 8, 200:1 for the City~ presentation concerning the 2002 Special.Category Iqistoric Grant request. City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: City Council Attendance at Indian River County Commission Meetings Approved for Submittal by: City Manager Exhibits: Expenditure Required: Agenda No. 0.1. { 8 5 Department Origin: City Clerk Date Submitted: 9/2'0/01 For Agenda of: ~9/26/01 Amount Budgeted: Appropriation Required: SUMMARY STATEMENT I have been asked by Indian River County Commission administrative staff to verify whether · City Council members wish to receive all County Commission agenda packets, including workshops, or just the.regularly s~:heduled meetings. Advise City Clerk accordingly. RECOMMENDED ACTION HOME OF PELICAN ISLAND DRAFT SPECIAL MEETING SEBASTIAN CITY.COUNCIL MINUTES THURSDAY, SEPTEMBER 6, 2001 - 7:00 P,M, CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA The Mayor called the Special Meeting to order at 7:00 p.m. The Pledge of Allegiance Was recited. ROLLCALL ,City Council Present: Mayor Walter Barnes Vice Mayor Ben A. Bishop' Mr. Joe Barczyk Mr. James Hill City Council Absent: Edward J. Majcher, Jr. (excused) Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Sally Maio Finance Director, Mark Mason Deputy City.Clerk, Jeanette Williams 4. PUBLIC HEARING ON FISCAL YEAR 200112002 PROPOSED MILLAGErrENTATIVE BUDGET (As Required by State Law- TRIM Notice Sent from Indian River County Property Appraiser) A. The Mayor formally announced the proposed millage tax rate of 4.5904 mills which is equal to the rolled back rate of 4.5904 mills B. PUBLIC COMMENT Pasquale Limbrie, Sebastian, stated that employees gets 6% cost of living raises but retired seniors do not; asked how the city and county can spend money and not justify expenditures; and expressed concern for the Dodgertown expenditure. The Mayor responded that the City millage has gone down for three years and perhaps Mr. Limbrie should have dialog with Indian River County. The City Manager explained that only a small portion of the taxes listed On TRIM bill come to the City and that the 4.5904 millage rate is the lowest in many years. Special City Council Meeting September 6, 2001 Page Two DRAFT Being no further input, the Mayor closed the public hearing at 7:12 p.m. C. City Cou.n, cil Action Resolution No. R-01-63 - Proposed Mille.cie Rate MOTION by Hill/Bishop "1 move to adopt tentative tax rate levy of 4,5904 mills for calendar year 2001 and authorize advertisement of same." ROLL CALL: Mr. Bishop - aye Mr. Barczyk - aye Mr..Majcher - absent Mr. Hill - aye · Mayor Barnes - aye MOTION CARRIED 4-0 The Finance Director pointed out that Council had just approved the preliminary millage, and that formal adoption will take place following a hearing on September 26th. ii. Resolution No. R-01-64 - Tentative Bud,qet Following discussion of 'an anticipated health insurance increase which will exceed the current union contract approved cap of $3900 annually per employee by $220, input by the Finance Director that there are sufficient funds available, and 'advice of the City Attorney, it was the consensus of Council to absorb the projected increase for all regular full-time employees in excess of the union contract ceiling amounts of $3,900. The City Manager stated the change can be handled by a memorandum of understanding. The City Manager concluded the presentation with the following budget allocations: $34.,000 for the Veterans Memorial; $15,000 for the senior center and adjustment to the discretionary sales tax by $178,000 if the City should decide to acquire property for a new future new city hall. MOTION by Bishop/Hill "1 would move to approve tentative proposed budget for fiscal year 2001-2002 and advertise, and authorize the advertisement of the same." ROLL CALL: Mr. Barozyk - aye Mr. Majcher - absent Mr. Hill -aye Mayor Barnes ~ aye Mr. Bishop - aye MOTION CARRIED 4-0 Special City Council Meeting September 6, 2001 Page Three DRAFT Being no further items, Mayor Barnes adjourned the meeting at 7:31 p.m. Approved at the . ,2002 Regular Council Meeting. Walter Barnes Mayor ' Sally A. Maio, CMC .City Clerk DRAFT SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, SEPTEMBER',12, 200'1 -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. Rev. Ellie Le'a from the First Presbyterian Church gave the invocation and requested prayer for all those affected by.yesterday's terrorisl attacks. ROLL CALL City Council Present: · Mayor Walter Barnes Vice Mayor Ben A. Bishop .Mr. Edward J. Majcher, Jr. Mr. James Hill ' City CouncilAbsent: Mr. Joe Barczyk (excused) Staff .Present: City Manager, Terren'ce Moore City Attorney, Rich Stringer · City Clerk, Sally Maio Deputy City Cle¢k, Jeanette Williams City Engineer, Ralph Brescia Finance Director, Mark Mason Growth Management Director, Tracy Hass Police Chief, James Davis DRAFT Regular City Council Meeting September 12, 2001 Page Two 'AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the w#tten agenda may be added only upon a major/ty vote of City Council members (R-99-21) Mayor Barnes recommended pulling item E under New Business "Travel Expenses for Mr. Majcher." Voice Vote 5-0 to remove. 6. PROCLAMATIONS, ANNOUNCEMENTS AND/OR PRESENTATIONS 01.206 A. Proclamation - World Population Awareness Week 01,207 Mayor Barnes announced that this proclamation .will be mailed to the recipient. ProClamatior~ - Boys and Girls Clubs of America - Goals for Graduation 01.208 Mayor Barnes read the proclamation and it will be mailed to the recipient.. introduction of New Hume .n.~...R....e..s. ources Director, Jim Sexton 01.125 The City Manager introduced Human Resources Direction, Jim Sexton, who will begin his employment with the City on September 17, 2001. Present..afiOn by Representatives from A T & T Broadband Re.cla._rdin~l Cable OperatiuO .n.s in the City of Sebastian Due to national events, this item was postponed until'September 26, 2001. 01,209 Presentatio.n... by Volkssport officials Ron Barnett, President of Patrick Pacers Volkssport Club introduced treasurer, Joe Aycock, who requested approval for a walk in Sebastian on March 2, 2002 beginning from 9-12 a.m. to 3 .p.m. (see consent agenda, item D). 7. CITY ATTORNEY MATTERS Explained the need for an additional first reading for Ordinance No. O-01~22 based on a scrivener's error in the legal description at first reading.. .Explained that he received a letter from the Treasure Coast Homebuilders expressing objections to our recreation impact fee and he will prepare a response to the Homebuilders. Reported that the local option gas tax funds have been placed in escrow with Clerk of Circuit Court until resolved. 8. CiTY MANAGER MA'FT~RS The. City Manager reported on the Camco issue, and referenced a memo from the General Services Administrator regarding the timetable and performance bond (see memo attached). 2 DRAFT Regular City Council .Meeting .September 12, 2001 Page Three The Cit~, Attorney further advised Council on staff's position to work with the.bonding company at this time and allow Camco to complete the job. The City Engineer updated Council on progress made by Camco. Staff then responded to concerns of Council on this and future projects, accountability of staff on contract failures, and putting procedures in place to prevent this type of matter in the future. 01.210 A. Status R~pprt.Re¢lardinfl.lndian River County's_ ..P. osition Reoardina Future .P. '.a. tk anti Recreation Issues The City Manager reported on his meeting with County AdministratOr, Jim Chandler and Assistant County Administrator, Joe Baird regarding funding for future parks and recreation matters. 'He said their plan for fiscal year 20'02/2003 includes no game plan other than to establish funding programs.for unincorporated areas, and said, for the record, funding for Veto Beach will also be discontinued, for that period. He said they also discussed previous attempts in 1992 and 1996 to establish a countywide recreation taxing district which, he said, they found laughable. 'The City Attorney said County staff is looking to establish recreation facilities in unincorporated areas which will also be utilized by City residents. 01.093 B. City Council discussion followed relatiVe to voicing some opposition to the countY's plan to cut funding to the cities. Mayor Barnes suggested drafting a letter to express the City's position and City Council, by consensus 'concurred. Parkin~ issues at Barber Street Sports comDlex...,t~o. Include U.P..'~!ates from Chief of POliCe,, Jim Davis and...City En,clipe'er Ralph .,B.rescia The City-Manager, the Police Chief and the City Engineer, reported on staff recommendations to address.parking issues in and around 'Barber Street Sports Complex. Chief Davis said he .had received reports about parking at home soccer and football games at BSSC which can bring in up to 1000 vehicles a Saturday and noted that there are only 210'parking spaces on site. The. Chief described a plan to put overflow parking on. West bound lane of Tulip Drive and the south side of Atlantus Terrace up to Coverb'rook Lane and west side of Coverbrook in south bound lane. He stressed to keep the parking on pavement. The Chief will have police presence and volunteer help. He developed an educational brochure to use instead of citations this Saturday and in future will send these brochures to coaches so they can share with team members. The City Manager discussed the possibility of the City's Parks and Recreation Division to do better scheduling of youth sports league .games. The City Engineer stated there is simply a capacity problem and perhaps scheduling issues could be addressed rather than designing off-street parking for five crowded weekends per year. 3 Regular City Council Meeting· September 12, 2001 Page Four DRAFT Mr. Hill suggested angled parking on Tulip, one-way Fairfield and allow parking on the east side of Fairfield. Mr.. Bishop said side street parking scares him because of child safety issues. The City Manager stated some of this proposals will be included in the City's future capital improvement program. TAPE I - SIDE fl (8:03 p.m.) Mr. Bishop asked staff to go to the field this weekend and do a comprehensive review of .the parking problem. Mr. Majcher said he sees angled parking in many areas. Mayor Barnes suggested the site suggested for the Boys and Girls Club would make a great parking lot, and perhaps the Boys and Girls Club-could go in the area behind City Hall proposed for purchase tonight. John Massung, 1109 Fairfield Sebastian, submitted photos of Fairfield during a game and agreed with using the park property for parking. · The Building Director arrived at the meeting and addressed the Camco restrooms, .describing the inspection process and problems that were encountered with the contractor's lack of knowledge of codes. 9. CiTY CLERK MATTERS None. 10. CITY COUNCIL 'MATTERS Mayor Barnes 1'. Issues with Capital Sanitation Mayor Barnes cited copies of written complaints received regarding Capital Sanitation, and suggested .a public meeting to allow people to state their views. The City Manager clarified that the complaints distributed tonight are only from 2001. City Council discussion followed and it was the consensus of Council to conduct a forum at the next council meeting to hear public input prior to any decision being made. B. Mr. Bishop None. C. Mr. Berczyk Absent. 4 Regular City Council Meeting . September 12, 21301 Page Five DRAFT D. Mr. Hill None. E. Mr. Maicher Requested a lighting update at Schumann Tennis Courts. 11. CONSENT AGENDA Ail items on the consent agenda em considered/ou#ne end. will be enacted by one motion. There will be no separate discussion of consent agenda Items unless a member of Cliy Council se requests; in which event, the item will be removed and acted upon separately. · A. Approval of 8/22/01. City Council Workshop :Minutes B. APproval of 8/22/01 'Regular' Council Meeting Minutes C. Approval of 8/29/01 City Council Workshop Minutes Approve Patrick Pacers VolEssport Club 5K or 11 K Walk (Parks Transmittal 9/5/01, Letter from Mr. Aycock, Walk Direction~) MOTION by MajchedHill "1 .make a motion to approve, consent agenda item A, B, C, and D." ROLL CALL: Mayor Barnes - aye .. Mr. Bishop - aye Mr. Barczyk -absent Mr. Majcher - aye Mr. Hill - aye MOTION CARRIED. 4-0 Mayor Barnes called recess at 8:28 p.m. and reconvened the meeting at 8:42 p.m. All members present at roll call were present when the meeting reconvened. 12. PUBLIC HEARING 01,202 Ordinance No. O-01-21 CLUP Amendment School Sitina (GMD Transmittal 8/29/01, O- 01-21, Paragraph 16.3.3177(6) (a~) F.S.' AN ORDINANCE OF THE CITY SEBASTIAN, FLORIDA, AMENDING THE COMPREHENSIVE PLAN TO PROVIDE SCHOOL SITING CRITERIA; PROVIDING FOR CONFLICT AND EFFECTIVE DATE. Mayor Barnes opened the public headng at 8:43 p.m. and the City Attomey read Ordinance No: O-01-21 by title. Regular City Council Meeting September' 12, 2001 Page Six DRAFT The Growth Management Director gave a brief presentation and being no input, Mayor Barnes closed the headng at 8:44 p.m. MOTION by BishoP/Hill "1 move to pass Ordinance No. O-01-21." ROLL CALL: Mr. Bishop - aye. Mr. Barczyk - absent Mr. Majcher - aye Mr. Hill - aye Mayor Barnes ~ aye MOTION CARRIED 4-0 01.172 Ordinance No. O-00-05, CLUP Amen.d.,De~nt t.q, In, dustrial (IN) CNK, ,Inc. 14.85 Acres (GMD Transmittal 8/29/01, 0-00-05, APplication for Comprehensive Land Use Chan,qe, Location MaD, Staff Report and P & Z Recommendation~ AN ORDINANCE Of THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA PROVIDING 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, E~EING 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 8:45 p.m. and the City Attorney read Ordinance No. O-01-21 by title. Applicant Christopher Kirtle requested this item be postponed for attendance by full Council. The City Attorney advised that the applicant may request a continuance. · MOTION by'Barnes/Majcher "1 move to continue Ordinance No. 0-00-05 to the'meeting of September.26, 2001 ." ROLL CALL: Mr. Barczyk - absent Mr. Majcher - aye Mr. Hill - nay Mayor Barnes -aye · Mr. Bishop - nay MOTION TIED 2-2 (no vote) The City Attorney advised that, in light of the vote, the hearing be conducted tonight. The Growth Management Director stated that the-state's school siting criteria required this land use amendment be re-advertised and council would need to re-adopt it. 6 Regular City Council Meeting September 12, 2001 Page Seven DRAFT Jackie James, Roseland, objected to the proposed change to industrial based on its incompatibility to surrounding properties and proximity to the County conservation area. Blakeman Smith, Roseland, objected to the change to industrial based on its inconsistency with the City's comprehensive land use plan. 'Joan Reed, Roseland, said she did not want to see the change and read a prepared statement from Barbara Banfield, Roseland, Objecting to the change. Kathlene COley, Roseland, was sworn in as requested by the City Attorney, and presented an historic property survey for the record (see attached). Holly Dill, President of Roseland Property Owners Association, objected to the change to industrial. Fred Mensing, Indian River County with a Sabastian address, exhibited the subject property on a City zoning map and described surrounding property 'uses and how these properties were zoned in the past and the benefits the surrounding properties would recieve. TAPE II. SIDE I (9:19 p.rn,) Mr. Mensing continued his input, recommending approval of the change based on no negative impactOn surrounding areas. Christopher Kirtle, said the impact to the area from this industrial use will be minimal, that the county prohibits residential building at the end of a runway, and stated that the surrounding property was industrial when he purchased the site. He said the conservation area would also benefit being next to industrially zoned property', the use of the airport must be related to aircraft industry, and that access is being considered at 130th Street. In response to Vice Mayor Bishop, Mr. Kirrie replied that he did not own the property but it was under contract. The Growth Management Director gave a brief presentation on the proposed land use change to industrial, noting this property was zoned industrial when they started the process over a year and a half ago, said the County obtained the land and rezoned it to habitat conservation, that there are some concerns for residential use because it is at the end of runway 4-22, and that the County would not allow residential at the end .of the runway if this property were in the County. Mayor Barnes closed the public hearing at 9:30 p.m. 7 Regular City Councit Meeting September 12, 2001 Page Eight DRAFT In response to Council questions, the Growth Management Directed replied that the Count), has 130th closed off, the applicant has a deed which will give him access to 130th, that. up to 14 homes could be built on the property, that FAA objects to-residential zoning and does not recommend industrial zoning for fear of smoke obstructions, however, the City's code Prohibits the discharge of smoke. He said the FAA would not object to the building of homes because there is not an immediate danger zone. · MOTION by Hill/Bishop "1 would move to deny Ordinance No. O-00-05." ROLL CALL: Mr. 'Majcher - nay Mr. Hill - aye MayOr Barnes - aye Mr. Bishop - aye Mr. Barczyk - absent MOTION FAILED 1-3 01.0ggA Ordinance No. O-01-09 Davis CLUP Amendment,(GMD Transmittal 8129f01, O-0.!..-..0.9, Applic¢tion fo.r..,.L, and Use Change, Loca_ti_on MaD, Staff Report, P & Z Recommendation, ,an...d. DCA (ORC) Report) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO DESIGNATE INITIAL LAND USE CLASSIFICATION OF MEDIUM DENSITY RESIDENTIAL (MDR) FOR ANNEXED LAND WiTH A PRIOR COUNTY LAND USE DESIGNATION AS LOWDENSITY RESIDENTIAL, 6 UNITS PER ACRE (L- 2) FOR LAND CONSISTING OF EIGHTY (SD) ACRES, MORE OR LESS, BEING A PART OF SECTION 18, TOWNSHIP 31, RANGE 39; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. Mayor Barnes opened the public hearing at 9:40 p.m., and the City Attorney read Ordinance No. O-01-09 by title. The Growth'Management gave a bdef presentation on this enclave and recommended 'readoption. Being no further input, Mayor Barnes closed the headng at 9:41 p,m. DRAFT Regular City Council Meeting September 12, 2001 Page Nine MOTION by Bishop/Hill "1 move to re-adoPt Ordinance No. O-01-09." ROLL CALL: Mr. Hill - aye Mayor Bames - aye Mr. Bishop - aye Mr. Barczyk - absent Mr. Majcher - aye MOTION CARRIED 4-0 13. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC- Item that I~ss occurred or was discovered within the previous six months which i$ not otherwise on the egencta . sign-up required, limit of ten minutes for each speaker Sal Neglia, Sebastian, asked Why the City is being so lenient with Camco, said the City should not purchase the property behind City Hall because it did not need any more recreation area, and suggested letters be sent to all Capital customers. Lisanne Monier, Sebastian, urged that Council endorse lowering the speed limit on US 1. The City Manager said he could arrange a meeting with FDOT officials, along with' Ms. Monier, and a City Council member. It was the consensus of Council to concur with the .recommendation and have the meeting scheduled. 14. ' COMMITTEE REPORTS/RECOMMENDATION-~ Vice Mayor Bishop reported on the last County Commission meeting relative to the US 1 water project, whereby the bids came in considerably high, FDOT was not cooperating in coordinating' this project, that the project is going back to bid and possibly puffing it in a different location. The City Manager further advised that late July he facilitated a meeting to establish a consensus on plans. The most recent alternative is to implement the program west 'of US 1. 15. OLD BUSlNES~S 01.172 First Readino - Ordinance No. O-0!.~22, Re..z0nin,q. CNK Inc.' !4.85 Acres (City Affomey Transmittal 916101 ,,,.,O, ;01-22, Application for Rez..Qnin~, Location MaD, Staff Report apd P & Z Recommendation) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, REZONING LOTS 16, 27 & 28, SECTION 30, FLEMING GRANT, CONTAINING 14.85 ACRES MORE OR LESS, FROM RE-40 TO IN (INDUSTRIAL); PROVIDING FOR CONFLICT AND EFFECTIVE DATE. The ordinance was read by title and recommended for non-approval by the City Attorney. DRAFT Regular City Council Meeting September 12, 2001 Page Ten MOTION by Hill/Bishop "1 move to deny Ordinance O-01-22." ROLL CALL: Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - absent Mr. Majcher - aye · Mr. Hill - aye MOTION CARRIED 4-0 16. NEW BUSINESS 01.182 Authorize City Mana.qer to Execute F R, ., ,D,. .A_P., Grant Agreement for Riverfront Property Acquisition,,(City Mana.qer Transmittal 8/23/01,..,G, tarot Agreemen~t) The City Manager gave an explanation of this grant agreement. MOTION by MajchedHill "1 move to approve the authorization of City Manager to execute the FRDAP grant local agreement for dverfront property acquisition-what is the resolution number-- move to authorize city manager to execute Florida Department of Environmental Protection Florida Recreational Assistance Program Project Grant Agreement Contract No. F0370." ROLL CALL: Mr. Bishop - aye Mr. Barczyk - absent"' Mr. Majcher - aye Mr. Hill - aye .. Mayor .Barnes ~ aye MOTION CARRIED '4-0 01.149 AoDrove Street Closincm and Alcoholic Beveraoes for Second Annual Fine Arts & Music Festival fParks. T. ra.n..smittal 9/5/01, Memo from Parks Suoerintendent) LiSanne Monier, briefly addressed.Council on the request for street closings, and beer sales in the .park by the Chamber of Commerce. .MOTION by Bishop/Majcher "1 move to approve the closing of Indian River Drive to Coolidge Street south to Harrison Street and Fellsmere Road east of the Hess Station of Indian River Drive from 3:00 p.m. Friday 12114/01 until 5:00 p.m, Sunday 12/16/01 and I would also moveto approve beer sales for the entire Festival area of Riverview Park on Saturday 12/15/01 from 10:00 am to 10:00 pm on Sunday, oh excuse me on Saturday and on Sunday 12/16, '12/16/01 from 10:00 am to 5:00 pm." ~0 DRAFT Regular' City Council Meeting September 12, 2001 Page Eleven ROLL CALL: Mr. Barczyk Mr. Majcher Mr. Hill Mayor Barnes Mr. Bishop absent aye aye aye aye 'MOTION CARRIED 4-0 01.211 Award Bid for Schumann Tennis Court 5 and 6 Resurfacina to Froehlino's/PaDic.q of Palm Citv, FL in the Amount of $8.700.00 CParks .T,~a..n, smittal 9/5/01, Bid Tabulati0~. Form) The Parks Superintendent briefly updated City Council on the project. The Superintendent responded to Mr. Majcher's court'lighting query, stating the new lights are nperational and he plans to replace the old lighting with a request to Council on 9/26/01. MOTION by Majcher/Bishop "1 move to approve the Iow, the Iow bidder Froehling~s and Papico of Palm City, Florida to resurface courts #5 & 6 at the Schumann Tennis Park in the amount of $8,700.00 and all work to be done in accordance with the technical specifications in the bid package." ROLL CALL: Mr, Majcher - aye Mr, Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - absent MOTION CARRIED 4-0 01.212 Consider Purcha.s~ of 9.34 Acre Vacant Land _Behind City Hall fCitv Manager Transmittal 8/30/01, Mao, Pac~es7-1 and 7-2 of Chap.t_er 7 Comp Plan, Contract) The City Manager briefly described proposed future recreational uses and recommended approval of the purchase. Carolyn Corum, Dolores Street, Sebastian, said she was concerned about buying land not knowing what the City wanted to do with it. She suggested letting, the County buy it and asking for a portion for the Boys and Girls Club. The City Manager said the County had no interest in joint recreation partnerships, and that the City has comprehensive plan amendment requirements to meet for future recreation. Regular City Council Meeting September 12, 2001 Page Twelve DRAFT Byron Elsebough, Sebastian, discussed parking problems at Barber Street, suggested using the park property adjacent to Fairfield for parking, and recommended facilities for older residents. TAPE II - SIDE II (10:20 p.m.) City Council discussion followed on the purchase, use for the Boys and Girls Club, and use of the Barber property for off street parking and passive park use. MOTION by Majcher/Bishop "1 make a motion that we extend the meeting only till 10:40 because I have to be back to work, i took off to be here because of the situation our country is going through." Mayor Barnes'confirmed the motion is for 11:00. ROLL CALL: Mr. Barczyk - absent .Mr. Majcher - aye Mr, Hill - aye Mayor Barnes - aye .Mr. Bishop - aye MOTION CARRIED 4-0 MOTION by Bishop/Majcher "1 move to authorize City Manager enter into a contract to purchase 9.34 acres of 'prOperty located behind City Hall pending budget authorization closing, with the closing occurring in October 2001 ." ROLL CALL: 'Mr. Bishop - aye Mr. Barczyk : absent Mr. Majcher - aye .. Mr. Hill -aye Mayor Barnes - aye ; , MOTION CARRIED.4-0 01.213 AoDrove Prior Travel Exoenses for Ed Maicher- Republican WOmen of Indian River Federated Star Sl3an~lled Celebration ('City .C..!,e., [k,, .Transmittal 9/6/01, Tickets and In_fo_) .This item had been removed under Agenda Modifications. 01.214 Review December City Council Meetin,q Dates ap,d.,Reschedule,i~ ~ecessary (City Clerk Transmittal 916/01 ,Calendars) 12 Regular City Council Meeting September 12, 2001 Page Thirteen DRAFT MOTION by Hill/Majcher "1 move to cancel the December 26, regular council meeting. ROLL CALL: Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye 'Mr. Barczyk - absent MOTION CARRIED 4-0 0:1.173 First Readin,q of Ordinance No. O-01-23 - Repe_a..!inq Recreational Advisory Board Lan,qua,cie - Schedule Public Hearin.q for 10/10/01 (.C.~it~ Attorney Transmitta. J, O-0:1-23) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, · REPEALING CODE OF ORDINANCES ARTICLE VI., DIVISION 3, RECREATIONAL ADVISORY BOARD, PROVIDING. FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE, The ordinance title was read bY the City Attorney and briefly explained. MOTION by Bishop/Hill "1 move to pass Ordinance No. O-01-23 and schedule a'public hearing for October 1 oth.' ROLL CALL: Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - absent. Mr. Majcher - aye MOTION CARRIED 4-0 01,173 Resolution No. R-01-65 - Establishino Temporary Parks and Recreation Advisory .Committee (City Attorney Transmittal 9/6/01, R,01-65) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, FORMULATING TEMPORARY PARKS AND RECREATION ADVISORY COMMITTEE; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE~ The resolution title was read by the City Attorney and briefly explained. Regular City council Meeting September. 12, 2001 Page Fourteen DRAFT MOTION by Hill/Majcher "Move to adopt Resolution' No. R-01-65" ROLL CALL: Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - absent Mr. Majcher ~ aye Mr. Hill - aye MOTION CARRIED 4-0 Vice Mayor Bishop announced he will formally resign from City cOuncil effective September 26, 2001 pending the sale of his house. The City Attorney suggested that this be the last item on the agenda on September 26, 2001 and appointing a ney/member be the last item. The Charter provides that the Council appoints the replacement without procedural details. 17. Being no further business, Mayor Barnes adjourned the meeting at 10:40 p.m. Approved at the ,2001 Regular Council Meeting. Walter Barnes Mayor Sally A. Maio, CMC City Clerk ~4 City of Sebastian, Florida Subject: Craft Club of Sebastian request to reserve River view Park c e ~o 0"Sub.~m. i/~Y ~f~ re~ ' ~ Agenda No. O1.216 Department Origin: Parks Supt. Chris McCarthy Dept. Head: ~"t~-e Finance: Procurement: Date Submitted: For Agenda of.' September 18, ,2001 September 26, 2001 Exhibits: None EXPENDITURE BUDGET AVAILABLE: APPROPRIATiON REQU]I~D: N/A N/A REQUIRED: N/A SUMMARY The Craf~ Club of Sebastian would like your approval to reserve Riverview Park on the following dates: October 6, 2001, November '3, 2001, December 1 & 2, 2001, January 5, 2002, February 2, 2002, March 2, 2002, April 6, 2002 and May 4, 2002. The rain dates for'these events will be the day after of all dates listed except December 1 & 2, 2001, which is a two-day event. These are the monthly Craxff Shows that the Craft Club has been presenting for years. All appropriate fees have already been paid for these scheduled dates. RECOMMENDED ACTION Move to approve the Crai5 Club of Sebastian to reserve Riverview Park on October 6, 2001, November 3, 2001, December 1 & 2, 2001, January 5, 2002, February 2, 2002, March 2, 2002, April 6, 2002 and May 4, 2002 with the day after all dates listed for rain dates except for December 1 & 2, 2001. City of Sebastian, Florida Subject: Resolution No. R-01-68 Vacation of Easement - High Tree Plaza Lots 5 thru 10, Block 185, Sebastian Highlands Unit 8 Agenda No. 01.217 Department Origin: Growth Mana~,ement (ri-r) Date Submitted: 9/18/01 "~ For Agenda of: 9/26/01 Exhibits: 1) R-01-68 EXPENDITURE REQUIRED: None 2) Application 3) Site Map I AMouNT BUDGETED: Nolle 4) Staff Report 5) Utili~ Letters I A eROi;'mT oN ..... REQUIRED: None SUMMARY This is a request for a vacation of several side yard public utility and drainage easements located on Lots 5, 6, 7, 8, and 9, Block 185, Sebastian Highlands Unit 8. This property received site plan approval from the Planning and Zoning Commission on December 7, 2000, for the construction of a 9,000 sq. ft. retail/office building. All utilities have recommended approval of this request. Adopt Resolution No. R-01-68. RECOMMENDED ACTION RESOLUTION NO. R-01-68 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 5, 6, 7, 8, AND 9, BLOCK 185, SEBASTIAN HIGHLANDS UNIT 8; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. WHEREAS, a building permit is sought for construction of a commercial building on .Lots 5 thru 10, Block 185, Sebastian Highlands Unit 8 within the City of Sebastian; and WHEREAS, the owner of the land upon which said improvements shall be built has filed a request for abandonment of the public utility and drainage easements along the side lot lines of the site; and WHEREAS, the providers of telephone, electric, cable, water, and drainage utilities have all consented to abandonment thereof; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: .Section 1. VACATION OFEASEMENT. The City Council of the City of Sebastian does hereby vacate, abolish,' abandon and discontinue all of that portion of land previously dedicated for a public utility and drainage easement described as follows: The southwesternmost six (6) feet and the northeasternmost six (6) feet of Lot 5, the southwesternmost six (6) feet and the northeasternmost six (6) feet of Lot 6, the southwestemmost six (6) feet and the northeasternmost six (6) feet of Lot 7, the southwesternmost six (6) feet and the northeastemmost six (6) feet of'Lot 8, and the southwestemmost six (6) feet of Lot 9, all less the southeastemmost ten (10) feet thereof, all being in Block 185, Sebastian Highlands Unit 8, as recorded in Plat Book 6, Page 11, of the Public Records of indian River County, Florida. all located within the City of Sebastian, Indian River County, Florida. Section 2. are hereby repealed. Section 3. RECORDING. This records of Indian River County, Florida. Section 4. EFFECTIVE DATE. immediately upon its adoption. CONFLICT. All resolutions or parts of resolutions in conflict herewith resolution'shall be recorded in the public This resolution shall take effect The foregoing 'Resolution was moved for adoption by 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 Couneilmember James A. Hill Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Kesolution duly passed and adopted this ., 2001. CITY OF SEBATIAN, FLORIDA Councilmember day of ATTEST: By: Waker Barnes, Mayor Sally A. Maio, CMC City Clerk Approved as to form and legality for reliance by the ~ty of Sebastian only. ~Ri~h Stringer, ~ity Attorney City of Sebastian -Development Order Application Permit Application Ne. Applicant (.if not owner, written authorization (notarizedl from owner is required) PhOne Numbe~. (..¢~ i ) ~ - ~ ~ ~ F~ Numbe~ ~ I ) ~- ~ Owner (if different from applicant) Name: .- ~ ~ · ' I~/,~. /,,,'f.; ~ ~/.:.., ~ -P~_.~ ~ Address' Phone Number:. (.5"61) ..~,~'~ ":::2'.2.,W7 FAX Number:. E-Mail: PLEASE COMPL-U--FE ONLY THOSE SECT1ON8 WHICH ~RE NBOESSARY FOR THE PERMIT OR ACTION THAT YOU ARE[ REQUESTING. COPIES' OF ALL MAPS, SURVEYS, DRAWlN6$, ETC. SHALL BE ATTACHED AND 81/2' BY 11" COPIES OF ANY A'i-rAOHMENTS SHALL BE INCLUDED. AT'TACH THC APPROPRIAT~ SUPPL[METAL INFORMATION FORM. lB. Site information , /c Address: · Zoning Cla~ifimtion: F~ure Land Use: ~i~ing Use: Proposed Use: / . ~ DesCription of proposed activity and purpose of the requested permit or action (attach extra sheets if DATE RECEIVED: ~:~ ~/0 i FEE PAID: ...ro-¢~::' [ Form CD-200"I Payor3 ..... t DevelopmentFile Name: DoaAppficati°n UCATION, AND T~T A~ ~E INFQR~ON, ~PS, DATA AND/OR S~CH~S PROVIDED IN ~lS APP~CATIQN ARE U~ AND ~UE TO THE BEST OF'~ ~OWLEDGE AND ' ~ ...... ~ ~w~To MEOR PRQDUCED~ NOTARY Permit Applic::aficm Ne., The foilowi-g i:s required for all comprehensive plan amendment-s~ zoning amendment (including rezoning)~ site plaus~ conditional use permits, special use permits~ variances, exceptions~ and appeals, i~E, ~ TH~ OWNER(~) /~E ~GAL REPRESE~A~ OF ~E OWNER OF ~E PROPER~ ~cRIBED WHICH I~ THE SUBJECT OF 'THIS APPUCATIO~, HEREBY AU~OR~ ~CH AND ~ERY M~BER OF ~E ~OARD/COMMISSION OF ~E C~ OF SESAS~N (THE "~OARD'FCOMMISSlON~ TO PHYSICA~Y EN~R UPON ~E PROPER~ AND ~ ~E PROPER~ IN CONNEC~ON W~H ~/OUR PENDING APPUCA~ON. I~E HEREBY WAI~ A~ OBJEC~ON OR DEFENSE [~E ~Y ~VE, DUE TO ~E QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION M~B~ E~RING OR VI~ING THE PROPERS, INCLUDING ANY C~IM OR ASSER~ON ~AT ~/OUR PROGEDU~L OR SUBSTANCE DUE PROCESS RIGHTS UNDER ~E FLORIDA CONST~ON OR ~E UNITED STA~S CONS~ON WERE ~O~D BY SUCH E~RING OR VI~iNG. THIS wAIVER AND CONSENT IS BE] NG ~IGNED BY M~US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPMED, OR PROMISES ~DE, BY ANY ~PLOY~, AGE~, CON~CTOR OR OFF1CIAL OF ~E C~ OF ~EBAS~AN.- SIGNA~RE Sworn to ~ before me by ~[.~H~e~ P.' who i~onally~ me or produced as identification, this ~ day of ~s~ , ~' Printed Name of Notaw . . Commi~ion No.~piration Seal: , IFerin Pen'nit Application No. Supplemental Information Easements, vacation of Describe the easement to be vacated (provide a legal description, if possible): ~,:/-.L,~'~-', Lo-/-~ ._~'+ ¢ ~ ¢.+ -~ .~ ?*~, Why is this vacation of an easement being request?. 3. Attach a survey showing the' location of the property lines, all easements and all structuras on the property. Approved: $/2T/gT I Revi;~ion: File Name: Sieasev 00002 2230 00000.1 £BASTIAN HIGHLANDS U~T2 8 ASSESSED 13-31-38 P.B.L 05-093 00001 SEBASTIA~ UNIT 10 ABANT)ONMENT OF EASEMENT Staff Report Project Name: High Tree Plaza Requested Action: Abandonment of the public utility and drainage easement located on the southwesternmost s/x ('6) feet and the northeastemmost slx (6) feet of Lot 5, the southwesternmost six (6) feet and the northeasternmost slx (6) feet of Lot 6, the southwestemmost six (6) feet and the northeasternmost six (6) feet of Lot 7, the southwestemmost six (6) feet and the northeastemmost six (6) feet of Lot 8, and the southwestemmost six (6) feet of Lot 9, all less the southeastemmost ten (10) feet thereof, all of said lots lying in Block 185, Sebastian Highlands Unit 8. Project Location: a. Address: b. Legal: Project Owner: a. Name: b. Address: Project Agent: a. Name: b. Address: 977 Fellsmere Road Lots 5 ttu'u 10, Block 185, Sebastian Highlands Unit 8 Ming Ching Tseng 737 Carnation Drive Sebastian, FL 32958 Michael P. Capp Capp Custom Builders 109 Harbor Point Drive Sebastian, FL 32958 6. Project Description: a. Narrative of proposed action: Application has been made for abandonment of the public utility and drainage easements platted on the southwesternmost slx (6) feet and the northeastemmost six (6) feet of Lot 5, the southwesternmost six (6) feet and the northeastemmost six (6) feet of Lot 6, the southwestemmost six (6) feet and the northeasternmost six (6) feet of Lot 7, the southwestemxnost six (6) feet and the northeasternmost six (6) feet of Lot g, and the southwestemmost six (6) feet of Lot 9, all less the southeastemmost ten (10) feet thereof, all of said lots lying in Block 185, Sebastian Highlands Unit 8. b. Zoning: C-512 c. Future Land Use: C-512 d. Existing Land Use: Proposed 9000 sq. :2. retail/office building 7. Utilities Comments: a. F P&.L approved b. Southern Bell: approved c. AT&T Broadband: approved d. Indian River County Utilities: approved e. City Engineer (drainage): approved 8. Growth Management Director Comments: 9. StaffRecommendation: Approve Resolution R-01-68 P p~edby O Date I OU ST August 29, 2001 thc southw~t.~nmost si;~ (6) fc~t and the northemttertuuo~t six (6) Fe~t of Lot 5, the southwestm'nmost six (6) f:ct and t~c nc~,hczstm'nmos: ~tx (6) feet of Lot 6, the southw~a:mmost six (6) fc~t and the uartheammmoBt Bix (6) feet of sout~w¢~ost ~ia (~) f~t ~d ~ ~e~ost six (~) ~eet of Lot Lot:arian of E~erne~ts: 977 Fellsmete Roed (CR $12), Sebastian, Florida UTILITY: Pedro I~ubier~, FP & L APPROVED:~~---~ DENIED: APPROVED;DENTED BY: - ~_~~,~l~ CO~~S: NO: ($61) 41196224 ]R~tum to: Dorri Bon,vorttL City of Sebastian, Ch. owtl~ Management Departmm'tt Fax No. (561) $89-2566. Ci5, of Sebas6~ 1225 MAIN STR.E~T D $EBASTIAN, FLORIDA 32g$8 TI~L~PHO:N'E (561) 599-5537 ~ FAX (561)589-2566 REQUEST POR ABA_NDO~ OF ~.,A~gEIVI~NT$ August 29, 2001 ,'Descriptiou of Easements to be abandoned: TI~ public utility arid drainage easements located on the southwestammost six (6) feet and ~e north~as~mmost six (6) fe~t of Lot 5, the southwesternm°st six (6) feet and the north~'~rnrnoa six (6) feet of Lot 6, the southwest~mmost six (6) feet and th~ north~a.slerm~ost six (6) feat of Lot 7, the southwestemmost six (6) feet and the no~ost six (6) ~e. et of Lot 8, and the sou~wesmmmost six (6) ~ of Lot 9, all less thc souah~ast~rn.most tan (10) fe~t thereof, ~I1 of said lots lying in Block 185, Sebastian Higttla.mis Unit 8. .L~catian of E~emen~: UTILITY: APPROVED: APPROVED/DENIeD BY: 977 Fellsmere Road, (CR 512), Sebastian, Florida Kirk Walker, Bell. South FAX NO: 561-466-$6~1 (~ig~) · COMNIENTS:. Roturn to: Dom Bnsworth, City of Sebasti~, C-row~ Management D~panm~t Fax No. (561 ) 589-2566. NO.4~ Cit3 of Seb~Qan 1225 ~ STREET [] SEBASTIAn, FLOR/DA 3295g TELEPHONE (561) 589-5537 [] F~.%K (561) 589-2566 ZEOU ST_ OP-,ABANDO NT OF EASE/v[ENT August 29, 2001 DescrirJtion of Easem,en~ ,to be ~,,b~ndoned: TI~ ~c ~ ~d ~a ~,m~n~ locate~ sou~wcs~ost si~ [6)~e~ ~d ~ no~~ost six (6) feet of Lot 6, sou~westemmost six (6) fee~ ~d ~c ne~,~stcn~ost ~ix (6) feet of Lot ~, the ~ou~este~ost six (6) feet ~ ~ no~ea~o~t ~ (6) feet of Lot 8, and thc sou~wcs~ost six (6) fcct of Lot 9, ~ less ~c so~e~tcm~o~t t~ (~0) foot tb~roof, ali of said 1o~ I~nS [n Blod~ ~ 85, Seba~d~ ~hl~ds U~t 8. ~oc)~n o[Ea~emqn~: g77 Fellsmem Koad (CK 5 ~2), Scb~ ~o~ UT~I~: Crai~ Bowers/CooMe Shaw, AT~T Broadband F~ NO: APP~O~D~ED r{cturn to: Dorri Bosworti% City of Sebastian, Growth Managc-mcnt D~pm'ma:nt Fax No. (561) 589-2566, 1225 MAIN STREET [] SEBASTIAN, FLOE/DA 32958 TELEPHONE(~61) 5§~-5f37 [] FAX ($6]) $~9-~566 REQt~$T I~OR ABANDONM~ .~ O17 EASElV]2ENT Augu~ t 29, 2001 1)eserptio~ of E~emeat~ to be a~anfl~ned: ~e publle ufi~U ~fl ~ge l~atefl on flae so~wes~e~ost s~ (6) feet ~ ~e no~ea~o~ six (6) f~ of~t 5, ~e sou~w~os~ s~ (6) ~ ~d ~e no~east~mo~ ~ (6) f~et of L~t 6, 'th: sou~we~t~o~t s~x (6) feet ~d fl~e n~e~t~o~t ~ (6) fce~ of Lot 7, sou~wes~most six (6) feet ~fl ~¢ no~e~t~o~t s~ (6) ~et of Lot g, md tbs · souflaw¢~te~o~ six (6) feet of~ 9, a]l less ~e ~ou~t~o~ t~ (10) feet ~ereoJ~ all of ~aid lo~ ly~g i~ Blo~ 1~5, Seba~fi~ H~ghlm~ U~t 8.  "DENIED: ~._ DATE ..... Retttn. m'. Dorri Beswom'% City of Sebastian, Crro',~ M~magemen~ Departmen F~ No, (561) 589-2566. , City of Seba~'tim 122~ ~ STKEET [] SEBASTIAN, FLO1LIDA . .,~.:..~,..~ T~EPHONE (561) 589-5537 ~ F~(56I) 589-2566 Au~a~t 29, 2.001 ~c ~outhwcm~ost six (6) f~ and ~c n~~°tt six (6) fcct of Lot 5, sa~thw~o~ ~ (6) f~C ~d ~e no~~ost s~ (6) fe~ ~f Lot 6, sou~w~st~o~ six (6) fe~ ~ ~e no~le~mos: ~x (6) f~et of Lot 7, sou~w~o~ s~ (6) ~ ~d ~e no~e~most s~ (6) ~ct of Lot 8, ~d sou~w~stemmost six (~) f~t of Lot 9, ~I less ~c sou~cm~most tm (10) feet all of s~id 1~ ly~g ~ Blo~ 18~, S~basfi~ Highle~ Unit 8, Lo~tioo ef.E~emen~ 977 Ftllsme~ ~ad, (~ 512), Sebasd~, Flori& UTILITY~ Ralph~r~la, City Engineer APPR. OVED/DENLED BY: COMMENTS: FAX NO: ~89-6209 Return to: Dorri Bo~wor~h, City ofSeb~an, Orowth M~ar~meat D~pmmt City of Sebastian, Florida Subject: Resolution No. R-01-69 Vacation of Easement- Conner Lots 18 & 19, Block 59, Sebastian Highlands Unit 2 Agenda No. 01.218 Department Origin: Growth Mana~.e.mem Date Submitted: 9/18/01~'t (iH) For Agenda of: 9/26/01 Exhibits: 1) R-01-69 EXPENDITURE REQUIRED: None 2) Application 3) Site Map, IAMOUNT BUDGETED: None 4) StaffReport 5) Utility Letters APPROPRIATION REQUIRED: None SUMMARY This is a request for a vacation of the side public utility and drainage easements located on the northeastern five (5) feet of Lot 18 and the southwestern five (5) feet of Lot 19, Block 59, Sebastian Highlands Unit 2, less the northwest ten (10) feet thereof. The applicant wishes to construct a single family dwelling on a double lot. This request does not abandon any part of the rear 10' drainage easement. Adopt Resolution No. R-01-69. RECOMMENDED ACTION RESOLUTION NO. R-01-69 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATiNG CERTAIN EASEMENTS OVER LOTS 18 AND 19, BLOCK 59, SEBASTIAN i-riGHLANDS UNIT 2; PROVIDiNG FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. ~REAS, a building permit is sought for construction of a new single-family residence at 517 Drawdy Way within the City of Sebastian; and WHEREAS, the owners of the land upon which said improvements shall be built have filed a request for abandonment of the public utility and drainage easements along the interior lot lines of the site; and WHEREAS, the providers of telephone, electric, cable, water, and drainage utilities have all consented to abandonment thereof; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. VACATION OF EASEMENT. The City Council of the City of Sebastian does hereby vacate, abolish, abandon and discontinue all of that portion of land previously dedicated for a public utility and drainage easement described as follows: The northeastern five (5) feet of Lot 18 and the southwestern five '(5) feet of Lot 19, less the southeasternmost ten (10) feet thereof, all being in Block 59, Sebastian Highlands Unit 2, as recorded in Plat Book 6, Page 89A, of the Public Records of Indian. River County, Florida, all located within the City of Sebastian, Indian River County, Florida. Section 2. CONFLICT. conflict herewith are hereby repealed. Section 3. RECORDING. records of Indian River County, Florida. Section 4. upon its adoption. The foregoing This EFFECTIVE DATE. All resolutions or parts of resolutions in resolution shall be recorded in the public This resolution shall take effect immediately 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 A. Hill Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Resolution duly passed and adopted this ,2001. CITY OF SEBASTIAN, FLORIDA day of By: Walter Barnes, Mayor ATTEST: Sally.A. Maio, CMC City Clerk Approved as to fora and legality for reliance_by the__~ty of Sebastian only: Rich gtrtnger, City Aot~ney · City of Sebastian Development Order Application Permit Application No... .Applicant (If not owner, wrftten authodz,~tion (nota~z..ed) from owner is required) Name: AMER0~ HOMES INC Address: PO BOK 780874 SEBASTIAN' FL' 32'978-0874 Phone Numbe~. ( 561 ) 589 1299 FAX Numbe~. ( 561 ) 589 ' 1304 E-Mail: Owner (if different from applicant) Name: OAFID K AND' SUZANNE M'.C0NNERS Address: 6782 SEAFORD DR Phone Numhe~. (910) 487 " .... 8550 E-Mail: 'FAYETTEVILLE NC 28314 ...:........' FAX Numbe~ (' ) - Type of permit or action requested: ABA~tDONME~T OF EASEMENT PLEASE COMPLETE ONLY THOSE SECTI~N~ WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS ETC. SHALL BE A]-FACHED AND 81/2" BY 11" COPIES OF ANY A"H-ACHMENTS SHALL BE INCLUDED. A'TTACH THE APPRdPRIATE SUPPLEMETAL INFORMATION FORM. A. Project, s Name (if applicable):· B, Site Information Addre-ss:. 517 DRAWDY WAY SEBASTIAN FL . Lot: Bloci~ Unit: Subdivision: 18~I 9 59 ~ SEBASTIAN HIGHLANDS Indian River Countv Parcel ~.. .' 12-3~-38-00002-.05.90-000. i8.0 ~ 1~-31-3g,0'000~-0590-00019;0 ........ Zoning Classification: Future Land Use: RS-10 'SINGLE FAMILY RESIDENTIAL Existing Use; Proposed Use: VACANT LAND SINGLE FAMILY HOME C. Description of proposed activity and purpose of the requested permE or action (a~tach ext~ sheets if TO C0g/STRUCT A SINGLE FAMILY HOME necessary): Form CD-2OO'1 Pa e ~ of 3 ] Development Application ] Fiie Name: Doe Pen"nit Applic~fian NB. D. Project Personnel: Agent: AMERON HOMES INC Name: DANIEL J BROGNAN0 Address pO '.BOX 7808'74. SEBASTIAN FL 32978-0874 Phone Nurnl~en ( ) - FAX Numben ( ) ~ 567 '589 1299 561 589 1304 E-Mail: Attorney: Name: Address Phone Numhen' ( ) -, FAX Numben ( ) -' B-Mail: ..... ',:" Engineer:. Name: Adch-ess Phone Number:. ( ) - FAX Number:. ( ) - E-Mail:. Surveyor: Name: DANIEL W ~TALBOTT, PROFESSIONA£ SURVEYOR, ~ MAPPER Adclress 2088, ,14th. AF' SUITE· !02-D . V"ER0.BEAOH FL' 32:950 FAX Number. ( ) Phone Number;. (. :56 ? .-"56 9 88,84 561 564 2071 E-'Mail: I, .SUZANNE M .CONNERS , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT;. Y~. I AM THE OWNER I AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPUCA'~QN, AND THAT ALL THE INFORMATION, MAPS, DATA AND/OR SK~--TCHES PROVIDED IN THIS APPLICATION ARE ACUTE AND TR~TQ THE BEST OF MY KNOWLEDGE AND BEUEF. ' SI~N~CT~JRE - .. ' DATE , KNOWN WHO IS PERSONALLY KNOWN TO ME OR PRODUCED .. ~¢ PRINTED NAME OF NOTARY ~,~V~k/A' U?'P. RF.I ! k ~,&'~E~ Fv COMMISSION No.JF_XPIRAT]ON · ~_..~ ~O ~' q 22 % SEAL: Ii Form CD-200~/ Approved: 08/27/~7 [ Pa~Je 2 of'~ .... [ Development Application [ Revision; [ File Name: Dca I~avlna Michelle I~rkley MY COMMISSION ~¢ 6C8087~5 EX~IRE$ February 5, 2002 BONDED TNgll T~OY FAIN INSURANC,F., INC Permtl: Appli,'"'~fion No. The following' is required for all comprehensiYe plan amendments~ zoning amendment (including rezoning), site plans, conditional use permits, special use permits, variances, exceptions~ 'and appeals. I/VVE, ~ THE OWNER(S) THE LEGAL REPRESENTATIVE'OF THE OWNER OF TNE PROP, ERT¥ DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE BOARD/COMMISSION OF THE CITY OF SEBASTIAN (THE "BOARD"/"COMMISSION") TO PHYSICALLY ENTER UPON THE PROPERTY' AND VIEW THE PROPERTY IN CONNECTION WITH MY/oUR PENDING APPLICATION. I/VVE HEREBY WAIVE ANY OBJECTION OR DEFENSE J/WE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE Of THE PROCEEDINGS, RESULTING FROM ANY BOARD/COMMiSSION MEMBEF~ ENTERING OR VIEWING THE PROPER'FY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WAIVER AND CONSENT IS BEING. SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMiSE~ [~k'}DE, BY A.N¥ F_MPLOYEE, AGENT; CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. t , Swom to and subscribed before me by OAf/It) K AND SUZANNE M CONNERS who s personality known t9 me or produced P,~-P~ONALLY. as identification, this "2-q t~'~ay of Notary's Signature Printed Name of Notary Commission No./Expiration Seal: . . ..,~]~ ,;,.. Ravina Michelle Barkley J.L.L.Z~. ~i' MY COMMISSION ~ CC808935 EXPIRES RAV~'NA' MI CHELLE ~ARKLE~ ~~ ~brua~ 5, 2002 ' ~C ~ 9 5~ ...~.~. ,~E~H~O~A~,~,~U~ A~ CD-200'I Revision: Development Applica Eon FTie Name: Dca Permit Application No. Supplemental' Information Easements, vacation of 1. Descdbe Se' easement to be vacated (provide a legal description, if possible): LOT LINE BETWEEN LOT 18 A/~D [0T 19 BLOCK 59 SEBASTIAN HIGHLANDS UNIT 2 VVhy is this ,vaCation of an easement being request?. TO CONSTRUC"I- A'.S.~NGLE 'FAMILY ~E-q~gENCE ON THF TWO LOTS 3. Attach a survey showing the location of the property lines, all easements and all structures on the. property. IForrn CD-2009 Page f of ~ Vaca~'on ol' Easernent~ Approved: 8/27/~7 Revision: File Name: Sieasev s 51'32'oo' g (P~l*) ABANDONMENT OF EASEMENT StaffReport Project Name: Residence for David & Suzanne Conner Requested Action': Abandonment of the side public utility and drainage easements located on the northeastern five (5) feet of Lot 18 and the southwestern five (5) feet of Lot 19, Block 59, Sebastian Highlands Unit 2,' less the southeasternmost ten (10) feet thereof. Project Location: a. Address: b. Legal: Project Owner: a. Name: b. Address: Project Agent:. a. Name: b. Address: 517 Drawdy Way Lots 18 & 19, Block 59, Sebastian Highlands Unit2 David & Suzanne Comer 6782 Seaford Drive Fayetteville, North Carolina 28314 Ameron Homes, Inc. P.O. Box 780874 Sebastian, Florida 32978 Project Description: a. Narrative of proposed action: Application has been made for abandonment of the side public utility and drainage easements platted onthe northeastern five (5) feet of Lot 18 and the southwestern five (5) feet of Lot 19, Block 59, Sebastian Highlands Unit 2, less the southeastemmost ten (10) feet thereof. The clients wish to construct a single family dwelling on a double lot. b, Zoning: RS- 10 c. Future Land Use: LDR d. Existing Land Use: Vacant Utilities Comments: a. Florida Power & Light: b. Southern Bell: c. AT&T Broadband: d. Indian River Countyutilities: e. City Engineer (drainage): Growth Management Director Comments: 'Staff Recommendation: approved approved approved approved approved none Approve Resolution R-01-69. pried by Date City of Sebamian '1225 MAIN STI~I~.T [~ SI~BASTIAN. FLORIDA TELEPHONE (561) 589-55~7 [] FAxes61) ~$9-2566 September 5, 2001 Deser'i~tion of Easement to i~abandoned: The public utlgty md dr~ktage.e~nent located on the northeastern five (5) feet of Lot 15 and the southwestern five (5) feet of Lot 19, Block 59, Sebaminn Hig~l~d~ Unit 2, le~s floe sottthe~sremmOst ten (10) feet thereof. .boea~on of Easement: 517 Dmwdy Way, Sebastian, Florida FAX NO: (561) 489-6224 COMMENTS: Return to: Dorri Bosworth, City of Sebastian, Orowth Management Depm-tment Fax No, (561) 589-2566, City of Sebasii~ 1225 MAIN STREET [] SEBASTL TELEPHONE (561) 589-5537 [2 p~EOUEST FOR .~ptamber 5, 2~1 D~cri~tion of ~asement to be nb~ndoned: ~e p~ .~c no~e~ fiv~ (5) feet ~fLot lS.~d 59, Sebas~ ~~ds Unit 2, less ~c Loca~ of Ea~ment: 517 Drawdy Way, U~Y: ~rk .Wal~, Bell South ~PRO~D~E~ED BY: ~~_ Dorri Boswor~ City of Sebastian, Gtc Fax No. (561) 589-25~6. tN, FLORIDA ~295S :AX (561) 5S9-2566 [' OF EA~E1VEENT hlic utili~ and dr'ainag~ castraenT located on southwestern five (5) feet of Lot 19. Block astmmmost ten ( 10)' ~cet thereof. ,'tiaa, Florida FAX NO: ~61-466-5651 ,) wth Mana~emc-m Departmcn~ ~:' :,!~ .41. .-, SEP 0 '7 2001 City of Sebmiaa 1225 MA. IN STi:L~ET D SEBASTIAN, FLOI'~IDA 32958 TELEPHONE (561) 589-553? [3 FAX (561) 589-2566 KEOTJ'J~$_..T FOP. ABANDONMeNT OF EA~E~ ' S~;¢ ub~r fi, 20ol Desc! iptiou of Easement to be abandoned: The public atility and drainage eas~mem located ¢,n the northeastern fi'ye (5) fcct of Lot 18 and the sou~w~st~rn five (5) feet of Lot 19, Bloc,lc 59, Sebastian Highlands Unit 2, less ~e southc~ternmo~t mn (1 O) feet thereof, Loca' ton of Easement; 517 Drawdy Way, fl cbnsfian, Florida UTII,ITY: Kevtn N. Osthus, I,R~C. Utilities FAX NO: 770,-5143 AF'P} ,OVI~D: 7',, , DENIED: , App]~.OVED/DElXriED BY: DATE: Re~.r a t~: Dord Bosworth, City of Sebastian, C-'rowhk Mamg, ment Depa~ment Fax No. (56I) 589-2566. , ' gl I :i.j BL_D~ D~T SISB~TI¢t~q City of Sebastian 122~ MAIN STREET ~ SZBA.STL4~, FLO~I.1DA 32958 TELP_PHON'//(~61) 589-~37 12 FAX (561) 5~t9-2566 ST. ~B ' · ASE 2001 of ~seme~. t to_be ~b~doned;' '~ ~i~ U~ ~d ~a~age ~t 1~ ~ nc~c~ five (~) ~et of Lin 1~ ~d thc ~o~wast~ .fiv~ (~) f~ of Lot 19. Bl~k Scbasfi~ Highl~ds U~t 2, l~ss ~ sou~~~st ~ (I0) f~ ~eof. E~ament: 5 ~ 7 ~wd~ W~y, Seb~fi~, Plo~ ~PRO~D~B~ BY: ~:-~' ,~'//.'~',,.-/ ~ ~' . "~"~ -"" ' -- CO~$: Kev_m~ Dcrrri Boswortlh City of Seb~stt. an~ Crrowth' Manaflemem De]:ezl:r~nt F~x No. ($61) 5~19-2566. City of Sebastian,-Florida Subject: Authorize the City Manager to execute an Agreement between the City of Sebastian and Florida League of Cities for Worker's Comp hsurance and Coregis Insurance Division for Property, Casualty and Liability Coverage. ~u~'/'~~ Manager~ .... Agenda No. 01.2 2 0 'Department Origin: Financ~'"~ Date Submitted: September 20, 2001 For Agenda of: September 26, 2001 Exhibits: Gehring Group Property, Casualty & Liability Proposal Analysis Gehrin~ Group Worker's Compensation l~roposal Analysis EXPENDrrURE ] AMOUNT BUDGETED: REQUIRED: N/A I N/A APPROPRIATION REQLTIP,.ED: N/A SUMMARY On October 1, 2000, the City of Sebastian entered into a one year insurance contract for Property, Casualty & Liability and Worker's Compensation Insurance with the Coregis Insurance Company and the Florida League of Cities, respectively. 'These policies terminate on September 30, 2001. The City, via our Agent of Record, Gehring Group, facilitated a Request for Proposal for General Liability and, separately, for Worker's Compensation Insurance. The results of their analyses and recommendations accompany this agenda item under separate cover. Due to our location on the coast, there were only two companies who bid for coverage, Coregis Insurance and Florida League of Cities. As in past years, we have analyzed our past insurance and Risk Management policies and procedures to insure that our insurance coverage is the best available. The Coregis quote of $155,349.60 is substantially lower in premium th~ that provided by the League. at $175,271.25, and therefore, we recommend staying with the Florida Cities Program offered by Coregis Insurance. We believe this will provide the best possible continuing Property, Casualty & Liability coverage to the City in the event of catastrophic losses. For Worker's Compensation insurance, the Florida League of Cities quote of $197,377 is lower than the quote from referred Governmental Insurance Trust (PGIT) at $216,133 which is also part of Coregis. Based on monetary value alone and that we have a good working relationship with the Florida League, we recommend staying with the League for another year for Worker's Compensation Insurance. RECOMMENDED ACTION Move to authorize the City Manager to execute One Year Agreements between The City of Sebastian and Coregis Insurance for Property, Casualty & Liability Insurance and the Florida League of Cities for Worker's Compensation Insurance effective October 1, 2001. TnTI:iL P. ~15' TOTRL P.~ AGENDA TRANSMITTAL Subject: Resolution R-01-66 Authorizing City Manager to Apply for a Florida Recreation Development Assistance Program .Grant i~.m'~enc~ R. l~oore, City Manager Agenda No. 01.182 Department Origin: City Manager Date Submitted: 09-17-01 For Agenda of: 09-9.6-01 Exhibits: Resolution R-01-66 EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: REQUIRED:. SUMMARY As a continuing effort to assist in the city's funding for recreational sites and facilities, the attached P. esolufion R-01-66 authorizes the City Manager to apply for a Florida Recreation Development Assistance Program grant from the State of Florida Department of Environmental Protection. RECOMM~ENDED ACTION Move to approve Resolution R-01-66 authorizing the City Manager to apply for a FloridaRecreation Development Assistance Program grant from the State of Florida Department of Environmental Protection. m:S,,0 UTION R~0 -a6 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZiNG THE CITY 'MANAGER TO APPLY FOR A FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM GRKNT; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. W~REAS,~ tha FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM assist municipahfies in the provision of outdoor recreation sites and facilities; and WHEREAS, the City of Sebastian has benefited from such a program in the past and will further benefit frOm participation in the same; . WHEREAS, the Mayor and City Council o£the City of Sebastian wish to authorize the City Manager to apply for a Florida Recreation Development Assistance Program grant from the State of Florida Department of Environmental Protection. · NOW THEREFORE, BE IT RESOLVED BY ~ COUNCrL OF THE 'CITY OF SEBASTIAN, as follows: Section 1. AUTHORIZATION. The Mayor and City Council of the City of Sebastian hereby authorize the City Manager to apply for a Florida Recreation Development Assistance Program grant from the State of Florida Department of Environmental Protection. Section 2. The City Manager's Office of the City of Sebastian is hereby directed to send copies of this Resolution to the'State of Florida Department. of Environmental Protection and to take all necessary steps in order to obtain said grant, including executing the application and any other required documents. Section 3. 'CONFLICTS.' conflict herewith are hereby repealed. Section 4. EFFECTIVE DATE. immediately upon its adoption. A motion to adopt the foregoing Resolution was made· by Councilmember . The motion was seconded by Councilmember ami upon being put.to a vote, the vote was as follows: All resolutions or parts ofresolufiom in This resolution shall take effect Mayor Walter Bames Vice Mayor Ben A_ Bishop Councilmember Joseph Barczyk Councilmember James A. Hill Councilmember Edward J. Majcher, Jr. .day of The Mayor thereupon declared this Resolution duly passed and ·adopted this . ,2001. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Walter Barnes, Mayor Sally A. Ma/o, CMC City Clerk APPROVED TO FORM AND LEGALITY Rich Stringer, City Attorney Subject: Resolution No. R-01-63 Adoption of Millage Rate for_Calendar Year ./' .... City o£ Sebastian, Florida Agenda No. 01.112 Department Origin: Finance[~ Date Submitted: September 17, 2001 For. Agenda of. September 26, 2001 Exhibits: > Resolution No. R-01-63 > Copy of DR 420 Certification of Taxable Value EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRIATION RBQUll~D: N/A SUIVlMARY For the second public hearing of the millage and budget for fiscal year 2001/2002, it is necessary to adopt the millage tax rate for the ensuing year. The proposed millage tax rate of FOUR AND FIVE NINE ZERO FOUR THOUSANDTHS (4.5904) lVlILLS approved on September 6, 2001 is equal to the "rolled-back rate" as provided on DR 420 Certification of Taxable Value and will provide sufficient operating revenue for the proposed budget for fiscal year 2001/2002. Enclosed is Resolution R-01-63 adopting the millage rate of 4.5904 mills for calendar year 2001. RECOMMENDED ACTION Move to adopt Resolution R-01-63 establishing the millage tax rate of 4.5904 mills for calendar year 2001. RESOLUTION NO. R-01-63 A RESOLUTION OF TI:iJE CITY OF SEBASTIAN, IND~ RIVER COUNTY, FLORIDA, ADOPTING A MILLAGE RATE OF 4.5904 MILLS FOR TtIE CALENDAR YEAR 2001 AND ALLOCATING SAME TO TItE FISCAL YEAR BEGINNING OCTOBER 1, 2001 AND ENDING SEPTEMBER 30, 2002; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. NOW TI-iEREFORE, BE IT RESOLVED BY TH~ CITY COUNCIL OF THE CITY OF SEBASTIAN, IY,!DIAN RIVER COUNTY, FLORID& that: Section 1. MILLAGE RATE LEVY, There is hereby Levied an Ad Valorem Tax of FOUR AND FIVE NINE ZERO FOUR THOUSANDTHS (4.5904) MILLS against all real and tangible personal property for the calendar year (January 1, 2001 through December 31, 2001) and the resulting tax revenue is hereby appropriated for the General Operating Fund of the City of Sebastian for the fiscal year begirming October, 1, 2001 and ending September. 30, 2002. Section 2. ROLLED-BACK RATE. The tax rate established in Section 1. equals the computed "rolled-back" tax rate of 4.5904 mills. Section 3. CONFLICT. · All resolutions or parts of resolutions in corffiJct 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 Councilrnember 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 Edward J. Majcher, Jr. Councilmember James A. Hill and, upon being put The Mayor thereupon declared this Resolution duly passed and adopted this 26t~ day of September, 2001. CITY OF SEBASTLA,_N, FLORIDA By: Waiter Barnes, Mayor ATTEST: Sally A. Maio, CMC City Clerk Approved as to form and legality for the reliance by the City of Sebastian only: Rich Stringer, City Attorney .City of Sebastian, Florida 'Subject: Resolution R-01-64 Adoption of a Budget for Fiscal Year Appl'o. ,, Exhibits: Resolution R-01-64 and Schedule "A" Agenda No. 01.112 Department Origin: Finauce(~.~ Date Submitted: September 17, 2001 For Agenda of: September 26, 2001 EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRIATION RBQU]tLED: N/A SUMMARY On September 6, 2001, the City Council approved, in accordance with Florida Statute 200.065, a tentative budget for fiscal year 2000/2001, beginning October 1, 2001 and ending September 30, 2O02. The result is the approved Budget for Fiscal Year 2001/2002 that has been provided to Council for review along with all recommended changes approved by Council on September 6, 2001. RECOMMENDED ACTION Move to adopt Resolution R-01-64. RESOLUTION NO. R-01-64 A RESOLUTION OF THE CITY COUNCIL 0F THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2001 AND ENDING SEPTEMBER 30, 2002; MAKING APPROPRIATIONS FOR THE PAYMENT OF OPERATING EXPENSES, CAPITAL EXPENSES, AND FOR THE PRINCIPAL AND INTEREST PAYMENTS ON THE BOND AND OTHER INDEBTEDNESS OF THE CITY IN THE CITY'S GENERAL FUND, SPECIAL REVENUE FUNDS, DEBT SERVICE FUND, CAPITAL IMPROVEMENT FUNDS, GOLF COURSE FUND, AND AIRPORT FUND AS PROVIDED FOR IN SCHEDULE "A', ATTACHED HERETO, ESTABLISHING AUTHORITY OF THE CITY MANAGER TO IMPLEMENT THE BUDGET; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. VVI-][EREAS, the City Manager has submitted a Proposed Budget for the City of Sebastian for the fiscal year beginning October 1, 2001, and ending September 30, 2002; and WI-IEREAS, on September 6, and September 26, 2001, the City Council conducted Public Hearings on the Proposed Budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. The' City Manager's Proposed Budget is hereby adopted for the Fiscal Year beginning October 1, 2001 and ending September 30, 2002. Section 2. The amounts shown on the attached Schedule "A" axe hereby appropriated out of the Treasury of the City, including any revenues accruing to the City available for purposes of the City's budgetary accounts. Section 3. The City Manager is hereby authorized and directed to proceed with the implementation of the service programs and projects provided for in the budget. 'Such implementation is to be consistent with the provisions of the City Code of Ordinances and policies established by the City Council. Section 4. The City Manager is authorized to make budget adjustments within budgetary accounts, as he deems appropriate. He is further authorized to make budget adjustments between budgetary accounts when necessary to implement programs, projects, and expenditures authorized by the City Council. All other budgetary adjustments will require prior approval by the City Council. Section 5. Ifa:ny clause, section, or other parts of this Resolution shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and shall in no way affect the validity of the other provisions of this Resolution. Section 6. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 7. This Resolution shall become effective October 1, 2001. 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 Edward J. Majcher,/Ir. Councilmember James A. Hill The Mayor thereupon declared this ReSolution duly passed and adopted this 26th day of September, 2001. ATTEST: By: CITY OF SEBASTIAN, FLORIDA Walter Barnes, Mayor Sally A. Maio, CMC City Clerk Approved as to form and legality for the reliance by the City of Sebastian only: Rich Stringer, City Attorney GENERAL FUND tLEVENUE: 001501 001501 001501 001501 001501 001501 001501 001501 'ATTACtt/VIENT TO RESOLUTION R-01-50 SClt~DULE "A" BUDGET SUMMARY FISCAL YEAR 2001/2002 Waxes Licenses and Permits intergovernmental Charges for Services Fines and Forfeits Miscellaneous Transfers Irt Cash Balance carrflorward Total Revenue PROPOSED BUDGET FY 2001/2002 $ 4,494,732 483,120 1,643,772 244,407 151,396 224,238 280,850 250,000 $ 7,772,515 Expenditures 010001 010005 010009 010010 010020 010035 010041 010042 010043 010044 010045 010047 010048 010049 010051 010052 010054 010056 010057 010059 010080 010085 010099 Legislative City Manager City Clerk City Attorney Finance Human Resources Police Administration Police School l~esoUrce Unit Police Uniform Division Police Community Policing Unit Code Enforcement Division Police De~eefive Division Police Support Division Police Dispatch Division Engineering Roads and Drainage Garage Building Maintenance Parks and Recreation Cemetery Growth Management Building Department Non-departmental Total Expenditures SPECIAL REVENUE FUN'DS LOCAL OPTION GAS TAX FUND 120010REVENUE Taxes Misce~aneous Total Revenue 40,610 273,074 278,589 120,339 345,781 181,331 144,505 94,632 1,253,730 111,954 117,785 442,711 216,064 339,933 325,371 1,146,475 154,366 198,993 636,020 96,739 230,745 343,750 679,018 $ 618,548 17,610 $ 636,158 7,772,515 SCHEDULE "A" BUDGET SUM3IARY FISCAL YEAR 2001/2002 LOCAL OPTION GAS TAX FUND 120051 EXPENDITURES Operating Debt Service Transfers out Total Expenditures PROPOSED BUDGET FY 2001/2002 $ 187,378 300,000 148,780 $ 636,158 DISCRETIONARY SALES TAX FUND 130010 RE-vENUE Taxes Miscellaneous Total Revenue 13005.1 EXPENDITURES Transfers out Non-operating Total Expend/tm'es $ 1,859,575 69,316 1,928,891 1,568,354 360,537 1,928,891 R1VE~RO~ R_EDBVELOPME~ FUND 140010REVENUE Taxes M_iscellaneous TotMRevenue 140051 EXPENDITURES Operating Transfers out Total ExpenditUres $ 121,956 2,068 $ 124,024 $ 24,108 99,916 '$ 124,024 RECREATION IM2PACT FEE FUND 160010 REVENIJE Miscellaneous Total Revenue 160051EXPENDITURES Non-operating Total Expenditures $ 202,370 $ 202,370 $ 202,3.70 "~ 202,370 2 SClt-ED E "A" BUDGET SUMMAi Y FISCAL YEAR 2001/2002 SPECIAL REVENUE FUNDS continued LAW ENFORCEMENT FORFEITUR_E FLrND 140010 1LEVENLrE Fines and Forfeitures Miscellaneous Non-operating Total Revenue 140051 EXPE2xlDrrI_IRE S Operating Total Expenditures PROPOSED BUDGET FY 2001/2002 1,000 1,150 1,000 $ 3,150 $ 3,150 $ 3,150 'DEBT SERVICE ~ 201O10 I~EVENUE Miscellaneous Non-operating Total Revenue 201051 EXPENDITURES Operating Debt Service Total Expenditures 42,408 22,316 64,724 318 64,406 64,724 CAPITAL PROJECTS FUNDS REVENUE General Fund Golf Course Fund 3drport Fund Grants and Other Revenues Discretionary Sales 'Tax Local Option Gas Tax Total Revenue EXI~ENDITURES Roads Sidewalks Recreation Public Works Cemetery Police Department .4drport Debt Service Total Expenditures $ 100,000 0 185,000 940,032 1,341,397 148,780 $ 2,715,209 1,089,416 236,'500 787,300 178,300 45,500 38,500 185,000 154,693 $ 2,715,209 SCI~DULE "A" BUDGET SUMMARY I~SCAL Y-EAR 2001/2002 GOLF COU'lglSE FUND 410010 1LEVENI.~ Charges for Services Other Non-operating Total Revenue EXPENSES 410110 GOLF COURSE ADMINISTRATION DIVISION Personal Services Operating Expenses Capital Outlay Debt Service Other Non-operating Total GC Administration Division 410120 GOLF COURSE GREENS iVIAINTENANCE DMSION Operating Expenses Capital Outlay Total GC Greens Mamtenauce Division 410130 GOLF COURSE CARTS DWISION Personal Services Operating Expenses Capital Outlay Total Golf Course Expenses PROPOSED BUDGET ' FY 2001/2002 $ 1,536,955 57,156 $ 1,594,111 275,086 282,514 1,500 314,290 65,783 939,173 523,906 33,500 557,406 45,771 51,761 0 1,594,111 AIRPORT FUND 450010 m~wmm Chaxges for Services Other Non-operating TOtal Revenue 450110 EXPENSES Personal Services Operating Capital Outlay Non-operating Total Expenses $ 161,404 18,622 $ 180,026 .$ 53,086 '83,458 19,483 23,999 $ 180,026 4 City of Sebastian, Florida AGENDA TRANSMiFT O1.157 Agenda No. Subject: Ordinance O-01-16; storrnwater utility established Date Submitted: 9/19/01 For Agenda of: 9/26/01 SUMMARY: This is the enabling ordinance to establish the Sebastian Stormwater Utility. Fees are based upon four classifications of land: o:o Developed residential, with a single ERU charge of $4 per month; *:o Undeveloped residential lots, which are charged 67% an ERU per parcel; o:* Vacant land, which has its total ERUs calculated by dividing total square footage by the total square footage of the statistically average residential building site (11,154 square feet); and 4- Developed nonresidential land, which has its total ERUs calculated by dividing impervious surface square footage by the impervious surface square footage of the statistically average residential building site (3,285 square feet). Credits will be given for decreased impacts to the utility system from on-site stormwater facilities through application for a case-by-case review. A special fund is established for collection of these fees, and expenditures are 'limited to stormwater management expenses, with an additional limitation that at least 80% of all fees collect in any given year must be dedicated to capital projects from the Stormwater Master Plan. An appeal provision is created, however, in recognition that mistakes will occur in any undertaking of this magnitude, a special procedure is put in place for the first year that allows a less formal review of claims of error. It is provided that generally collection will be done under the uniform statutory method for non- ad valorem assessments, but with authorization to collect by direct billing. RECOMMENDED ACTION: Move to adopt Ordinance O-01-16. AUTHORIZED PLACEMENT ON AGENDA BY CITY MANAGER: ORDINANCE NO. O-01q6 AN ORDINANCE OF T][[E CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 102 TO CREATE ARTICLE V SEBASTIAN STORMWATER UTILITY; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. Wltr, REAS, the City presently owns and operates a stormwater system which has been developed over a number of. years to serve the purpose of collecting, purifying and disposing of storm and other surface waters, and is in the process of expanding, constructing and improving the system; and W~REAS, the city is authorized by the provisions of Florida Statutes Chapter 166, the Florida Constitution, the City Charter, and Fla. Stat. § 403.08931 to construct, reconstruct, improve, and extend stormwater utility systems, to issue revenue bonds and other debts if needed to finance in whole or part the cost of such a system' and to establish just and equitable rates, fees, and charges for the services and facilities provided . by the system; and WltEREAS, this stormwater management system benefits and services all property within the City both directly and, less obviously, by keeping streets open for passage as well as 'by monitoring and minimi~/ng pollution levels m adjoining waterways; and WitEREAS, based upon empirical functions of personnel 'serving the City's stormwater needs, the resources needed to perpetuate the stormwater system for an undeveloped lot are not substantially different from those needed to. perpetuate the stormwater system for a developed lot; and WItEREAS, the cost of operating and maintaining the city stormwater management system and financing necessary repairs, replacements, improvements,, and ex-tensions thereof shoUld, to the extent practicable, be allocated in an equitable manner among those who are served by the system; and. Wlq-EREAS, the City Council has determined that it is in the public interest to establish a stormwater utility in accordance with Florida law; NOW, Tm*,REFORE, BE IT ORDAINED BY Tile CITY COUNC]JL 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 102, Article V Sebastian Stormwater Utility beginning with section 102-100 which shall read as follows: Sec. 102-100. Utility established. There is hereby created and established in the City, in accordance with section 403.0893 of the Florida Statutes, a stormwater management utility entitled the Sebastian Stormwater Utility. This utility shall be responsible for the city's stormwater management. Section 2. That the Code of Ordinances, City of Sebastian, Florida is hereby amended to create a new section to be numbered section 102-101 which shall read as follows: · 'Sec. q02-101. Powers and authority. The Sebastian Stormwater Utility shall have all powers necessary for the exercise of its responsibility for the drainage from all properties within the City, including, but not limited to, the following: (1)Preparation of plans for improvements and betterments to the stormwater management system. (2) Construction of improvements and betterments to the stormwater management system. (3) Promulgation of regulations for the use of the stormwater management system, including provisions for enforcement of such regulations. (4) Review and approval of all new development permits within the City for compliance with stormwater management regulations included in present city ordinances or ordinances later adopted. (5) Performance of routine maintenance and minor improvement to the stormwater management system. (6) (7) (8) (9) Establishment of charges for connection and use of the stormwater management system. Evaluation of water quality concerns for discharges to the stormwater management system. Performance of all normal utility functions to include construction, operation, and maintenance of the city's stormwater management system, including, but not limited to, the hiring of staff, the selection of special consultants, the entering into contracts for services and construction of facilities, and the handling of purchase, lease, sale or other rights to property for.the stormwater management system. · Issuance of revenue bonds or other debt instrumerits for the purpose of performing those duties as described herein. Section 3. That the Code of Ordinances, City of Sebastian, Florida is hereby amended to create a new section to be numbered section 102-102 which shall read as follows: Sec. 102-102. Definitions. For the purpose of this chapter, the following definitions shall apply unless the context Clearly indicates or requires a different meaning. Calculated impervious surface of an E.F~. U. For purposes of determining a stormwater fee, the calculated impervious surface of an ERU shall be deemed to be 3,285 square feet. Developed nonresidential property. Property zoned for uses other than for residential purposes upon which improvements have been constructed. Developed residential property. Property zoned for residential use upon which is constructed one or more dwelling units. This would include single-family or multi-family dwellings, condominiums and duplexes. Equivalent residential unit (EIRU). The statistical average horizontal impervious area of all residential units in the city. Exempt property. Property which shall not subject to a stormwater fee, which is limited to: a. Common areas within multi-family areas. b. Property which is perpetually, designated for conservation land uses or which, because of its environmentally sensitive character, cannot be developed under present environmental protection regulations. c. Publicly owned road and drainage right-of-way. Undeveloped parcels. Unimproved property zoned for uses other than for single-family residential purposes or property zoned for residential uses upon which no subdivision improvements have been constructed. Undeveloped .single-family residential property. Property improved and subdivided into single-family residential lots upon which no dwellings have been constructed. Section 4. That the Code of Ordinances, City of Sebastian, Florida is hereby amended to create a new section to be numbered section 102-103 which shall read as follows: See. 102-103. Stormwater fee;.impo$ition and calculation of. (a) Imposition. A stormwater fee is hereby imposed upon all property within the city unless otherwise exempted, for services and facilities provided by the stormwater management system. For purposes of imposing the stormWater fee, the city has obtained the services of a consulting engineer to develop the statistical rationale for providing just and equitable rates, fees, and charges for the facilities and services provided by the system. (b) Application and classification. (1) Developed residential property. Each dwelling unit shall be billed at a flat fee of one ERU per month. (2) Undeveloped single family residential property. Each undeveloped single family lot shall be billed for one ERU multiplied by a correction factor of 0.67 to calculate the flat .monthly rate. (3) Undeveloped parcels. Each undeveloped parcel shall be billed at a rate determined by dividing the total land area of the properties, in square feet, by 11,154 which represents the square footage of a statistically average residential building site in the City, multiplied by a correction factor of 0.67 to arrive at the number of ERUs for that parcel. (4) Developed nonresidential property. Each parcel of developed nonresidential property shall be billed at a rate determined by dividing the total impervious area of the parcel by the Calculated Impervious Surface of an ERU to arrive at the number of ERUs for that parcel. (5) Exempt property. Service charges shall apply to all properties within the city, including those properties classified as nonprofit or tax-exempt for ad valorem tax purposes. Service charges shall apply to all government properties, including properties of the city, including the city-owned buildings, parks, and other properties. However, Exempt Property shall not subject to a stormwater fee. (c) Within the guidelines and procedures established by administrative regulations duly promulgated by the Utility, a landowner may apply for a credit for constructed retention facilities pursuant to South Florida Water Management District requirements or for the existence of atypical physical features to the site, and the City shall reasonably determine said credit based upon the equitable pro-rata decrease in the total services required of the utility in providing the systemic benefits of stormwater management to the property. Section 5. That the Code of Ordinances, City of Sebastian, Florida is hereby amended to create a new section to be numbered section 102-104 which shall read as follows: Sec, 102-104. Establishment of fee. There is hereby established as the initial fee for one equivalent residential unit (E.R.U.) the sum of $4 for each month. Said fee shall continue in effect unless and until the City Council, by resolution passed by supermajority, establishes a different rate for any fiscal period following the 2001-2002 fiscal year. Section 6. That the Code of Ordinances, City of Sebastian, Florida is hereby amended to create a new section to be numbered section 102-105 which shall read as follows: Sec. 102-105. Collection. (a) Fees for the Sebastian Stormwater Utility levied pursuant to the code shall constitute a non-ad valorem assessment, as set forth in F.S. ch. 197 and shall be collected pursuant to the uniform method of assessing, billing and collecting of the same. The stormwater fee is to be henceforth assessed annually to the owner of each parcel which is subject to the stormwater fee. The assessment roll prepared on electronic medium by Camp, Dresser & McKee, September 15, 2001, from records provided by the Property Appraiser of Indian River CoUnty, Florida, and as modified annually hereafter, is hereby adopted for this purpose. The period for which the fee is charged shall coincide with the City's fiscal year. (b) The City may utilize any other method available under the law.to collect the stormwater utility fee provided herein, including placement of a .lien against the subject property and any real or personal property of landowner, effective as of October 1 of each fiscal period and charged until the same has been paid in full', and said lien thereby created shall be co-equal with the lien of all state, county, district and municipal taxes, superior in dignity to all other liens, titles, and claims, until paid and shall be enforceable in accordance with all available provisions of law. Section 7. That the Code Of Ordinances, City of Sebastian~ Florida is hereby amended to create a new section to be numbered section 102-106 which shall read as follows: sec. 102-106. Stormwater utility trust fund; use of funds. (a) There shall be established a Sebastian Stormwater Utility Fund for the deposit of all fees collected pursuant to this Article. (b) The stormwater utility fund shall be used exclusivelY to provide funding' for the stormwater management program. · (c) No less than 80% of utility fees shall be used to fund capital improvement projects as delineated and programmed in the Stormwater Master Plan adopted by City Council. Section 8. That the Code of Ordinances, City of Sebastian, Florida 'is hereby amended to create a new section to be numbered section 102-107 which shall read as follows: Sec. 102-107. Appeal of fee amount; procedure. (a) After having paid in full all utility fees invoiced against his property, any property owner shall have the right to appeal either the utility fee charged, or a credits determination pursuant to Section 102-103(c), with respect to his property as follows: (1) Within 30 days of either the initial mailing of the utility fee bill, or the written determination as to credits, whichever date is relevant, the property owner shall have the right to appeal to the City council. The city council shall have 30 days from the receipt of the notice of appeal within which to hold a hearing on the appeal 'and thereafter shall render a determination. (2) If the appellant prevails and it is decided a refund is due, the refund amount shall be in accordance with the determination on appeal but shall not include any interest on the. refunded fee. (3) Upon filing of a proper petition within thirty (30) days of the determination of City Council, said determination may be reviewed in the Circuit Court by writ of certiorari upon the record made before the City Council. (b) .Notwithstanding the' provisions set forth above, any property owner shall have until December 1, 2001, to request a review by'the City Manager of the Utility fee bill for fiscal year 2001-2002 for claims 'of errors in classification or calculation. As a condition of requesting such review, the property owner must pay his good-faith estimate of the fees actually due. The City Manager may deny the appeal or modify the amount .of the fee. The owner may appeal the City Manager's determination to City Council.within thirty (30).days and thereafter follow the procedures set forth in subsections (a)(1).~- (3) above. Any.claims relat!ng to a credits determination pursuant to Section 102-103(c) must be appealed in accordance with the standard procedure set forth above. Section 9. That the Code of Ordinances,, City of Sebastian, Florida is hereby amended to create a new section numbered section 102-108 which shall read as follows: Sec. 102-108. Additional regulations. The City Manager may promulgate reasonable regulations concerning the operation of the Sebastian Stormwater Utility, with said regulations subject to modification or nullification by resolution of the City Council. Section 10. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 11. SEVERABIIiTY. In. the event a court of competent jurisdiction shall hold that arty part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council did not intend to enact such invalid provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid provision, thereby causing said remainder to remain in full force and effect. Section 12. EFFECTIVE DATE. Following its adoption by the City Council, this Ordinance shall take effect October 1, 2001. 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 26ha day of September, 2001. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Walter Barnes Approved as to form and legality for reliance by the City of Sebastian: Sally A. Maio, 'CMC City Clerk Rich Stringer, City Attorney City of Sebastian, Florida Subject: Amending City Code Section 34-2 Agenda No. 0.1.2 0 Department Origin: Finance '~f Date Submitted: September 14, 2001 For.Agenda of: September 26, 2001 Exhibits: Ordinance O-01-20 Amending City Code Section 34-2, Chapter 34, Article I In General. EXPENDITURE R.EQIYltLED: AMOLrNT BUDGETED: N/A N/A IAPPROPRIATION REQUIRED: N/A SUMMARY As part of the Finance department's intent to implement Governmental Accounting Standards Board Statement 34 Basic Financial Statements - and Management's Discussion and Analysis -for State and Local Governments and a desire to establish a more permanent dedicated funding source for the Cemetery operation, it was determined that the best way to do both was to establish a Permanent Endowment in the Cemetery Trust fund in the minimum mount of $375,000, the interest proceeds of which would prOvide a steady source of revenue for the operation, care and maintenance of the Cemetery. This would replace the one-half (1/2) of the cemetery lot sale proceeds currently being posted to the General fund. Since the sale of cemetery lots fluctuates, itis not reasonable to budget sale proceeds when there can be a wide fluctuation in sales, i.e. $18,000 in 1999, $30,995 in 2000, and year to date $16,525. The original intent was for these funds to offset the cost of maintenance. The estimated amount to be transferred back to the general fund in the first year would be approximately $14,000. This is less than what has been shown above, however it would be guaranteed with reference to the interest earned on the corpus ($375,000). In addition, the emended ordinance provides for one-half (1/2) of the lot sales to be added to the Permanent Endowment annually thus increasing over time that which is transferred back to support operations. This Ordinance was passed on first reading on August 22, 2001 Move to adopt Ordinance O-01-20. RECOMMENDED ACTION ORDINANCE NO. 0-01-20 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY .CODE SECTION 34-2 CHAPTER 34 ARTICLE I IN GENERAL; PROVIDING FOR coNFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, Chapter 34 of the Code of Ordinances of the City established rules and regulations for the Sebastian Municipal Cemetery; and WltEREAS, the City Council has determined that a Permanem Endowment, from existing funds, be established for the purpose of supporting mmntenance at the Cemetery; and WHEREAS, the City Council deems it necessary to mend certain language in Chapter 34 to provide for a Permanent Endowment. 'NOW, THEREFORE, BE IT ORD~D BY THE CITY COUNCIL OF THE CiTY OF SEBASTIAN, FLORIDA, as follows: SECTION 1. That Section 34-2 of the Code of Ordinances, City of Sebastian, Florida, is hereby mended to read as follows: "Sec. 34-2. Trust Fund. (a) A cemetery trust fund is hereby established wh/ch will be administered by the Finance Director --~er tko -~j~.r:c,*dcn cf pursUant to the policies established bY the City Council. (b).. A Permanent Endowmeg~.:. in the minimum amount of $3.75~000~ is, hereby established~ the proceeds of which shall be used for ti!.9 sole purpose, of provi.ding fundine for the ogaerati0n~ care ,and maintenance of the cemetery., ~_e) ~ ~_The proceeds from the sale of interment sites in the cemetery shall be deposited into the trust fund: .one-half of which shall be added to the Permanent Endowment. Non-endowed funds will t~ be used solely for capital expansion of the cemetery to provide for the plotting, acquisition, watering system installation and related costs incidental to providing additional interment sites for future sale. (ed_) Funds in the cemetery trust fund not :mplcye.~ Ln ~. ...... r ...... shallnot be used for any purpose other than stated in Os) and (c),. ,qbove and ~'.:t shall be invested in -~+~-"~ accordance ~th the Ci~'s investment Policy. ~" ~ ~ a p~ of ~e considera~on for ~e purch~e of ~ ~t~t sites, ~e ciW obligates itself to use ~e proceeds of such s~es for no o~er p~ose ~ ~ stated in ~s section." SECTION 2. repealed. CONFLICT. All ordinances or parts of ordinances in confl~ct herewith are hereby SECTION 3. SEVERABILITY. lm the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is mvahd or u~constitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Coattail 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 s~idinvalid and unconstitutional provision, thereby causing said remainder to remain m full force and effect. SECTION 4. passage. EFFECTIVE DATE. This Ordinance shall take effect mediately upon final The foregoing Ordinance was moved for adoption by Council Member . Motion was seconded by Council Member and, upon be/rig put to a vote, the vote was as follows: Mayor Walter Barnes V/ce-Mayor Ben A. Bishop Councilmember Joe Barczyk Councilmembcr James Hill Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Ordinance duly passed and adopted this 2001, day of September, CITY OF SEBASTIAN, FLORIDA ATTEST: By:. Walter Barnes, Mayor Sally A. Maio, CMC City Clerk Approved as to Form and Legality for Reliance by the City of Sebastian Only: By: Rich S~ringer, City Attorney City of Sebastian Subject: 'Construction Board For Agenda Of: Exhibits: Applications, board member list, advertisement Agenda No. 01_. 008, Department Origin: City Clerk Date Submitted: 9/20/2001 9/26/2001 Exp'enditu re Required: Amount Budgeted: I Appropriation Required: SUMMARY STATEMENT The ConstruCtion Board has four current openings due to term expirations. Louis Nicolini and Chuck Neuberger have resubmitted their applications and would like to be reappointed. The other two positions will be readvertised since the current members will not be reapplying and no other applications were received. 'RECOMMENDED ACTION Interview applicantS, unless waived, and appoint to the following positions: 1. Electrical Contractor Position of Michael Holdridge 2. HARV Contractor Position of Louis Nicolini 3. Alternate Concerned Citizen Position of Pierre Paquette 4. Alternate Contractor Position of Chuck Neuberger Term to expire 9/30/2004 Term to expire 9/30/2004 Term to expire 9/30/2004 Term to expire 9/30/2004 The current alternate contractor member is eligible for appointment to the regular member contractor position if he would like to be appointed and City Council wishes to make the appointment. Ail City Board and Committ~g Members Must b-e KeSiaents. Of'~the City of S~~.._~/ ' BUSINESS PHONE: BUSINESS FAX: E-MAIL: ARE YOU A I~GiSTER.ED VOTER? )/~-.~ VOTER Pd~G. NO. ~.,, ~9307 .I-IOW~.o~o a~m You BEm.A nsn)~T O~SEBASTI~? ~ )/gS DO YOU Ct~T~¥ ~OLD A~ ~muc omcm DO YOU P~S~Y SER~ ON ~ O~R CITY BO~ OR C0~TTEE? ~CH BO~S/CO~EES? . ~ PLEASE.C~CK ~ BOA~S.0N ~CH YOU ~ ~STED ~ SER~G ~ O~ER OF P~~CE ~TH ~T CHOICE BErG ~1: BOARD OF ADJUSTMENT ~ fO, i) '. ·CODE ENFORCE~T BOARD /$rp.- CONSTRUCTION BOARD ~P~e kND~ZoN~G C0~SS~ON POLICE'P,.FrmaMENT BO^RD OF TRUSSES a~CrZ^TiONAL A~:mS0R¥ BOARD T~E'ADWSOR¥ BOARD OTHER TEMPORARY COMMI~EE (WR/TE IN COMMITTEE NAME) ..EDUCATION AND/OR EXPERIENCE: (attach separat~ resume ffn~ec~ssary) REASONS FOR WANTING TO SERVE ON~OARD.,,OR COMMITTEE: ' .~,.~, ".....:~, ,?) ...'z?!~ .... HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING 'MORAL I h~eby ~ ~at I ~ qual~ed to hold ~e position:for w~ ~s app~cation is ma~. F~,'I hereby au~ofi~ ~e Ci~ of Seb~ti~ ~ ~vesfiga~ ~.~~ss..Of ~1 .~o~afion' w~'I have.pmvi~ ~ ~s application. I ~de~ ~at ~y ~s~p~entation or o~ssion of ~o~afion ~quest~ ~ ~S application is ca~e for &squal~cafion, I haw b~n provided ~, road ~d ~de~t~d Ci~ of Seb~t~od~'",~f Or~es Sgfio~-166 .~ou~ 2.173 (a~). ~o~ation glative to a sp~ific bo~d :~~.~~"" ".' ~ 'i'. e~m'qa' ~'~,:':~" . ~" ~ """/~'.7" ' ~'.-t:~. ,. ~ . Z~ui~f~ ~~/' , who is persOnally ~o~ to me, or has produced ~tar~ Public, State'of'l~lorida as identification. \wp-form\applicat.wpd rev. 9/98 APPLICATION TO SERVE ON CITY BOARD/COMMIqTE~ co (All City Bo~d and..,Commi~ee Membm's Mu.~ be Resid~ntz of the City of Sebar~ian)_v BUSINESS: BUSINESS ADDKF. SS: BUSINESS PHONE: BUSINESS'FA3~ ARE YOU A KEGISTEP,.ED VOTER? ~ ~ . HOW LONQ ~ You B~ A ~S~ OF S~~? DO YOU CLrRRENTLY I-IOLD A.NY PUBLIC OFFICE? DO YOU'PRES]~TrLY SERVE ON ANY ~ C1TYBOARD OK COMM/TTEE? ,, ~ _.. .I ~-~s~ c'~cr ~ ~o,~S o~ w~uc~ ¥ou,~ IN'm~m~ n~.s~.~o n~ o~-.~ o~ I PKEFERENCE W1TH FIRS?' CHOiCE BEING #1: " '":'"'"'"' ' "' ..... ','~ BOAKD OF.MDKJSTMEN'T ' - :':" " .... 'i : '~, .' '. CHAK'I'~REVIEW COMMrlT~ (serws only 6 months ~y 7 y~rs) crrLzENS BUDGET REVIEW ADVISORY BOARD ' CODE ENFORCEMENT BOARD '- '. .'~~_ CONSTItUCTION BOA1LD ' ' ' HANDICA2PED SELF-EVALUATION COMM]TTEE PI.ANNI~G AND ZONING. COMMISSION POLICE ~ BOAXD OF TRUSTEES KECKEATIONAL ADVI$OKY BOA1LD TREE ADVISOKY BOARD OTHF. R TEMPOKARY COMMITTEE (wKrTE ~ comMrrTr~ NAME) O APPLICABLE EDUCATION AND/OK tUi:PERIENCE: (a~ srpar~ r~'um~ if~sary) ,REA'SONS FOR. WANTING'fO $t~.VE ON BOARD OR COMMITTEE: LIST ANY.ADDITiONAL QUALIFICATIONS TO SEP,.VE ON BOARD OR COMMITTEE: HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OK ANY STATE? HAVE YOU EVEN.. BEEN CONVICTED 'OF ANY MISDEMEA~OK INVOLVING MORAL WOULD YOU CONSIDEK SEKVINO ON A BOARD .OTtIER THA~ THE ONE(S),.$ELECTED A~OVE? V~.~ I ~ c~if~ 'that I am qmdified m hold the position for whi~ thiz application is made.' Further, I hereby authorize th~ City of $~ostian to i~v~stigat~ the truthftdneas of all information whi~ I have provided in this applkatio~. I mul~s~ that any mis~pr~tation or ommission of.information mqucst=i i~ this application is c.~sc for disqualification. I'hav¢ b~m provided with, mad ~ tmcl~mtand City of Sebastian Cod~ oi' Ordina~ Se~fioms 2-166 through . . , - .-_, ,'.--'"~>-~'.~ ~..-U,x .o ___ ... ' --,.~"'o? ~- ' .... ,~'' ' .- ~ ~. ' .-~ ~ - , ....... "11 CONSTRUCTION BOARD 3 YEAR TERMS MEETS'2ND TUESDAY EACH MONTH - 7:00 P.M. MEMBER NAME AND ADDRESS Michael Holctridge 734 Atlantus 'retrace Sebastian, FL 32958 58g-0834 Work 589-4202. Home James W. Morris III 449 Columbus Street Sebastian, FL 32958 589-3519 'H 589-13387 Fax Frank A. Garland, Jr. 449 Ponoka Street Sebastian, FL 32958 589-3020 An drew AIIocco 1485 Barber Street Sebastian, FL 32958 388-3188 Meredith Fox 11301 Roseland Road Sebastian, FL 32958 388-5706 H 91303747 Cell Louis W. Nicolini 1162 Croquet Land Sebastian, FL 32958 388-5764 POSITION Electrical Contractor Position Regutar Concerned Citizer Position Plumbing Contractor Position Engineer Position Regular Contractor Position HARV Contractor APPOINTMENT HISTORY Appointed Regular Term to Replace C. Neuberger: 1'0/25/95 Term Expired: 9/30/98 .Reappointed.Electrical Contractor:. 10/14/98 Term to Expire: .9f30/2001 I$ in 2nd Full Term and 6th Regular Member Year ....... Appointed to Concerned Citizen Regular Position Vacated by Galbraith: '1/10/2001 ' ' Term to Expire: 9/30/2002 Is in. 1at Regular Member Year Appointed Plumbing Contractor · Regular Member PositiOn Vacated by Herbig: 11/8/2000 Term to Expire:. 9/30/2003 is In 1st Regular Member Year Appointed Regular Member. Unexpired Engineer Position of Hearne: 2/24/1999 Term to Expire: 9/30/2000 Reappointed Engineer Position: Term to Expire: .9/30/2003 Is in 2nd Regular Member Year Appointed Regular Member Contractor Position VaCated By William Doyle: 6/23199 Unexpired Term to Expire: 9/30/2000 Reappointed Regular Member Contractor position: 9/13/2000 Term to Expire: 913012003 Is in 2nd Regular Member Year Appointed Harv Contractor 'Position: 10/14/98 Term to Expire: 9/30/2001 is In 1at Full Term and 3rd Regular Member Year ¸85 Pierre Paquette 39 Treasure Circle Sebastian, FL 32958 589-6976 H 589-8665 W R. Scott Taylor 117 Arcadia Drive Sebastian, FL 32958' 589-0123 H Chuck Neuberger 357 Melrose Lane Sebastian, FL 32958 388-0029 H 589-7309 Fax Aitemate Concerned Citizen Position Regular Member Contractor Alternate Contractor Position Appointed Unexpired Alternate Concerned Citizen Term Vacated by H. Smith: 12/11/96 Term to Expire: 9/30/98 Reappointed Alternate Concerned Citizen: .10/14/98 Term to Expire: 9/30/2001 Appointed Alternate Contractor Position Vacated by Heame: 10/14/98 Term to Expire: 9/30/2001 Appointed Regular Member Contractor Position of Thomas Cecrleg/13/2000 Term to Expire: 9/30/2003 is in ~st Full Term. 15t Regular Member Year Appointed Alternate Contractor Position Vacated by R, Scott Taylor: 121612000 Term to Expire:9/30/2001 BOARD SECRETARY - Kathy Nappi 86 HOM~E OF' PELICAN SEPTEMBER 6, 200] PRESS RELEASE ,CONSTRUCTION BOARD TIlE crfY OF SEBASTIAN IS SEEKING APPLICANTS TO FILL TWO REGULAR MEMBER AND TWO ALTERNATE MFA~ER PosmoNs ON THE CONSTRUCTION BOARD DUE TO TERM EXPIRATIONS. .1) ELECTPdCAL CONTRACTOR 2) HAR¥ CONTRACTOR 3) ALTERNATE CONTRACTOR 4),ALTERNATE CONCERNED CITIZ' EN ALL APPLICANTS MUST BE RESIDENTS OF THE CITY O1~ SEBASTIAN AND APPLICANTS APPLYING FOR ONE O17 THE CO'NTR~CTOR POSITIONS MUST BE LICENSED OR REGISTERED WITH THE CITY. THIS BOA.RD MEETS ON THE SECOND TUESDAY OF EACH MONTH AT 7:00 P.M. IN THE COUNCIL CHAMBERS., 1225 MAIN STREET, SEBASTIAN. APPLICATIONS ARE AVAILABLE IN THE CITY'CLERK' S OFFICE, CITY HALL, 1225 MAIN STREET, SEBASTIAN, BETWEEN THE HOURS OF 8:00 A.M. AND 4:30 P.M. AND WILL BE ACCEPTED THROUGH WEDNESDAY,'SEPTE/vlBER 19, 2001. W. mSN W. Dna. Also admitted in Wyoming Nebraska DILL &: EVANS, LC ATTO E 'S .aT LAW 1515 US Highway 1, Suite 201 Sebastian, Florida 32958 Jom G. Ewers Also Admitlext in California September 19, 2001 Sally A. Maio, City Clerk City of Sebastian 1225 Main Street Sebastian, FL 32958 Reconsideration of Action 'taken at the September 12, 2001 Council Meeting Kegarding Ordinance No. O-01-22 and No. 0-00-08 Dear Ms. Maio: BY ItAND DELIVERY THIS DATE I am representing CNK, Inc. regarding its applications for a Comprehensive Land ~e Pj~n :e Amendment and rezoning to an industrial classification of approximately 14.85 acres located on Lots 16, 27 and 28, Seat'ion 30, Fleming Grant. As you are aware, there has been a great deal of time and effort spent by my client as well as the City staff in dealing with Indian River County, Treasure Coast Regional Planning Council and the State of Florida, in order to address the concerns of these entities and obtain the necessary approvals so that Ordinance No. O-01-22 and No. 0-00-05 could be adopted by the City. Because a full Council was not present at the September 12, 2001 Council Meeting, my client requested that consideration of both Ordinances be tabled until the September 26, 2001 Council Meeting, at which time all members of the Council were expected to be present. The request to table consideration of these Ordinances was denied and ultimately both Ordinances were denied on a 3 to 1 vote. Councilmembers Ben Bishop and James Hill and Mayor Walter Barnes voted in favor of the Motions to deny and Councilmember Edward Majcher, Jr. voted against the Motions. Councilmember Joe Barczyk was out of town. On behalf ofmy client, I request that this matter be placed on the Wednesday, September 26, 2001 City Council Agenda for reconsideration of the action taken at the September 12, 2001 Council Meeting. Please advise if there is anything further that i need to do in order to have this matter scheduled for reconsideration at the September 26, 2001 City Council Meeting. Very truly yours, Warren W. Dill WWD/dh cc: Walter Barns, Mayor Terence Moore, City Manager R/ch Stringer, City Attorney C.N. Kirrie, President CNK, Inc. Tel: (561) 589-1212 * Fax: (561) 589-5212 · email: delaw@iu.net Ci_tY of Sebastian, Florida Subject: Equivalent Residential Unit (ERU) purchases for City Hall, Police Deparm~ent and Annex Water hookup. Approv~~ Agenda No. 01.1 9 0 Department Origin: Finance~ Date Submitted: September 17, 2001 For Agenda of: September 26, 2001 Exhibits: Water Hookup quotes from Indian River County Utilities. Letter from Dan Chastain allowing for hookup and information for same. Letter of deposit waiver from Customer Service. EXPENDITURE REQUIRED: AMOUNT BUDGETED: N/A APPROPRIATION KEQ~: $14,965 N/A The water line across thc street from City Hall has been accepted and hookup is now authorized for all properties along Main Street. All three buildings within the City Hall complex has been ready for the hookup following acceptance of the Water Line. During the course of construction, the Building Maintenance Division sited the meter boxes for maximum efficiency as well as the shortest runs for piping. As part of the meter installation, the City must pay the ERU cost associated with each location, permit fees and inspection fees. The meter deposits have been waived by the County. Earlier in the year, the City via a budget amendment appropriated the necessary funds for paying offthe assessments associated with the water lines. Although Staffhas enclosed the cost sheet for each location, following is a chart for the total cost to be.authorized. Water Meter Installation and ERU Costs for City Hall, Police Department and the Anuex. Description Water Capicity Cha~ges 6 ERU's ~ $1,300 each 3 ERIYs ~ $1,300 each 1 ERU @ $1,300 City Hall Pohce Pohce Co. lex Department Annex Total $ 7,800 $ 7,800 $ 3,900 $ 3,900 $ 1,300 $ 1,300 Water Inspection ~ $25 each $ 25 $ 25 $ 25 $ 75 "Meter Installation ~ $630 each $ 630 $ 630 $ 630 $ 1,890 totals $ 8,455 $ 4,555 $ 1,955 $ 14,965 The budget for these expenditures will be reallocated from contingency in the Non-departmental accounts which has a budget balance of $51,004. RECOMMENDED ACTION Move to authorize the expenditure of $14,965 for the installation of water meters for the City Hall Complex, including the Police Department and Annex. )NDIAI~ RIVL=R ~OUNTY WA'rl;R AHD 6EWER $eb~adlan ;Ity Hall U~ I:~aignatkm: Wmer service Conn-,etior~: Miner i~mlhdlon 100' Rub ~ Dep~: P~y I~ Rue 0 3OO o 0 "Applt=a~,m Oedge: 0 0 t 'U2 Inoh ~ MI{).O0 par ERU 11~2 i~,O S6oo,m F~T O$112B/FT ~ ea ~.oo per ~,u F'1'O $'!5.77 / Pr To,tel Baa, nee Due: e $ UTILITY INDIAN RIVER COUNTY WATER AND ~EWER CONNECTION FEE8 ~1~ 3/1)I ..::,. u ,,, Ft.q...'..NCE DE-PT finn ~ Bulld~m Name: LJnl113resignation; '3 1 1 - I~ar Inmklkm . 100' Rub ect Rul~ W~mr k~ EXaeetd~n ~r L~mE ~' Ru~ 150 O 0 · Re~kkzm~l UnJt~: Tm~ 0 .3 ~ ffi ~50.~ per ERU $ $ $' $ 'Total ~tTg~ Due: Page t INDIAN RiVER COUNTY WATER AND 6EWER Name: Sub~bvJli~ 'l'uitl # ERU':;; O 0 # Re,l~nim{ Units: 1 1 ER~,~ 'I'IN~ ~ ~O0.~0 Each Dare ~.~"OJ~ mr Fa, ~ ~.m $ $ .$ iq' ~ $1537 / Fl' Totai~nae C~ue: 2.ODS.D0 BOARD OF COUNTY COA~/fI$SION~t~$ DF_.PAtt T~T OF UTILITY ~ZR VICES 1840 25t~ ~ V~ Beach, ~o~a 329G0 FAX: (407) 7T0,-$143 September 11, 2001 TO: PARTICIPANTS IN THE SEBASTIAN WATER EXPANSION PROJECT- PHASE II-E ,~__.~. ~_I_NDi~N._Ri-V-ER-C~ U-N~y.-p.R Od.p_C~-Td~l.(D..~dW~9~d-4=D-S Th~ is to advise that you may now connect to the water service on your street. In order to do ~,, so.~.lea,se contact the Indian River County Department of Utility Services, Customer Service ~e~'~rtment, for application information and arrangements to pay the required fees, (if you ~ave'~ot already done so). F~ym!~f~t would be based on the water capacity charge ih effect at the time of payment, which is'-~un-eC~iy $1,300.00 for each Equivalent Residential 'Unit (ERU). A single family home is. 1 ERE.. This can. be paid in monthly payments .of principal and interest at 6.75% over a five- year term. Should you wish to pay the impact fee monthlY, there is a'financing agreement to be signed, and notarized. A copy of the deed or a copy of your recent tax bill will be necessary in order to process the financing paperwork. 'With financing, there will be a recording fee of $24.05. Additionally, there is a $50.00 deposit and a meter installation Charge of 8130.00. Please bring your preliminary assessment letter when applying for service. At a later date, you will be mailed a final assessment' letter with details regarding Payment options for the assessment amount, which includes annual payments over a ten-year term. Should you have questions, please call our Customer Service Department in Sebastian at (561) 589-60'70 or our Veto Beach office at (561) 770-5300. ' Sincerely, ¢ JA1~ES D.. CHASTAIN Manager of Assessment Projects Department of Utility Services JDC/jdc Tmtephon~: ('~61} ~70-s300 BOARD ,OF COUNTY COZv V $$IONERE DEPARTMENT OF UTILITY SERVICES 14, 2001 Mn Mark C. M~o~ CPA Dk,~mr of Fmzz~ 1~: Waiver of Depozit~ Water Service 5ebastiaa Ctv I-[xll an~t Poli:: Depanme=t Dear 1,,Ir. Mason' We am in agr~ment of your re4uest a~t all depo~i~ are waived for.the three locatioai If I may be of a~y further assimauce in this or any mattar, 101~u~ call me a~ 56%8000 ext lg37, =c: S~v~a D~I~, Inr~ri~ Assi~mt Direaor \WILI~~C~Utiii6=IUIIIATY- liMP ,I.OYEE FOLDI~9~t R~i~ld~ly ~~W~,d~b ...... City of Sebastian, Florida Subject: Resolution R~01-67 relating to k...,/ / f Exhibits: EXPENDITURE REQUIRED: N/A Agenda No. 01.2 01 Department Orion: Financ~-- Date Submitted: September 18, 2001 For-A-genda-,o.f:-S~,,,temb er-g-6;--200t Resolution R-01-67 Relating to Cemetery Rates. Resolution R-93-17 Prior Resolutioa establishing Cemetery Rates. Analysis of Cemetery Lot Fees, Columbarium Niches, Interment Rates, and Service Fees. AMOUNT BUDGETED: I APPROPRIATION N/A [ REQUIRED: N/A SUMMARY Over the past three months, the City Finance department, in conjunction with Cemetery Supervisor revieWed the fees associated with Sebastian Municipal Cemetery. The Cemetery Supendsor prepared an analysis of the Fees associated with lot sales, columbarium niche sales, interment rates, and service fees by obtaining information from all the surrounding cemeteries, both municipal and private, to gauge our fees. It is quite apparent that we can not charge the fees associated with the private cemeteries, however, in comparing ourselves to Crestlawn Cemetery in Vero Beach, the only other municipal cemetery in the County, we find ourselves somewhat behind. In comparing the fees between the two municipal cemeteries (an average of 31% difference) and knowing the availability of sites at our cemetery (along with the niches we are putting in next year) staff considers it in the City's best interest to split the difference between our Lot and Niche fees and that of Crestlawn and use that amount as our new rates. In addition, staff believes that there should be a charge associated with opening and closing the sites for interment. This will continue to make us competitive in the cemetery market place. In addition, the need to raise lot fees goes hand in hand with that of Ordinance O-01-20, which established a Permanent Endowment of which one-half of the lot sales is pledge for the purpose of maintaining the Cemetery. By raising the fees, the Permanent Endowment will gradually become self-sufficient in providing the necessary funding for cemetery maintenance. RECOMMENDED ACTION Move to adopt Resolution R-01-67. RESOLUTION NO. R-01-67 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA RELATING TO CEMETERY' RATES; 'EST3sB,. LISllTNG NEW RATES FOR THE SALE OF IN, GROUND INTERMENT ·SITES AND NICHES .IN Tl:lqe~ MUNICiPAL CEMETERY; ESTABLISHING NEW RATES FOR OPENING/CLOSING FEES; DESCRIBING THE SERVICES PROVIDED; ESTABLISI:HNG RATES FOR CREMATION INTERMENTS AND CORNER MARKE~; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABELITY; AN]) PROVIDING FOR AN EFFECTIVE DATE. operates.a municipal cemetery; and WltEREAS, the City has previOusly established interment rates by resolution, as required by Section 34-11 of the Code of Ordinances of the City of Sebastian; and WHEREAS, the Cigr Council for the City of Sebastian has detemdned that due to substantial increases in the population of Indian River County, and in the'City of Sebastian in particular, there exists the possibility th'at interment spaoe in the municipal cemetery will be'exhausted; and Wlt~REAS, the City Council fttrther determined the existing interment rates, as well as other rates associated with services at the municipal cemetery are substantially below those charged by private and municipal, cemeteries in the surrounding area; and VOtERE2~.q, the City Council has further determined that in order to assure adequate interment space for the residents of the City of Sebastian and Roseland, existing interm6nt and service rates must be increased to mounts comparable to those o£other cemeteries in the surrounding area, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF.TI:IE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, THAT: Section 1. INTE~NT AND SERVICE RATES - Interment and service rates are hereby established for (a) Residents who 'reside in the corporate limits of the City of Sebastian and in the unincorporated area of Indian River County, located north of the City of Sebastian, more particularly known as · Roseland (b) Residents of the unincorporated area of Indian River County, other than that area north of the City of Sebastian, more particularly known as R. oseland, Residents of all other locations other.than that described in (a) and (b) above. Interment and Service Rates shall be as follows: Out of City h-County County Residents Residents Residents Deseriptig.n ..... (a) (b) ..... Lot Fees (4' x 4~) .70C 950 1125 Cremaim: Interment 20 2C '20 Disinterment 20 2C 20 Columharitu~a Hiches: Doubles 1350 1725 2025 'Opening/Closing .F.,e,es: , ,, · ~eekdays 75 75 75' ........ Overtime and Saturday 125 125 125 ........... Sunday/Holidays ..... 150 150 15C C,..omer Markers (Set of Four) ..... 25 25, 25 Section 3. SERVICES INCLUDED. The pUrchase price for in-ground .interment sites include sodding of the grave site and perpetual care,' but does not include the cost of install a suitable concrete foundation for grave markers as required by Section 34-18 of the Code of Ordinances of the. City of Sebastian. The pUrchase price for niche interment space includes a bronze plaque provided, engraved and mounted by the City of Sebastian. Section 4. CONFLICT. All resolutions or parts of resolutions in conflict herewith are 'hereby repealed. Section 5. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Resolution is invalid or unconstitutional, the remainder of the Resolution shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall be further assumed that the City Council would have enacted the remainder of this Resolution without such invalid or unconstitutional provision, thereby causing said'remainder to remain in full force and effect. Section 3. EFFECTIVE DATE.' This Ordinance'shall be come effective on October 1, 2001. It was moved for adoption by Councilmember The motion was seconded by Councilmember being put to'.a vote, the vote was as follows: ~d, upon Mayor Walter Barnes Vice-Mayor Ben Bishop Councilmember Joe Barczyk Councilmember Ed Majoher, Jr.. The Mayor thereupon declared this Resolution duly passed and adopted this 26t~ day of September, 2001. CITY OF SEBAST..IAN, 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 A RESOLUTION OF RESOLUTION NO.: THE CITY OF SEBASTIAN, INDIAN RiFER COUNTY, FLORIDA, RELATING TO CEHETERY RATES; . ESTABLISHING NEW RATES FOR THE SALE OF IN-GROUND INTERMENT .SITES IN THE I(UNI C IPAL CEMETERY ~ ESTABLISHING NEW RATES FOR THE SALE OF NICHES IN THE MUNICIPAL CEMETERY~ DESCRIBING THE SERVICES PROVIDED AND THE FEES CHARGED~ ESTABLISHING I~TES FOR CREMATION INTERHENTS AND .cORNER H~RKERS~ PROVIDING FOR REPF~L OF RESOLUTIONS .OR PARTS OF RESOLUTIONS IN CONFLICT. HEREWITH~ PROVIDING FOR SEVERABILITY~ AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian, Indian River County, Florida owns and operates a municipal cemetery; and WHEI~EAS, the. City has previously established rates with respect to in-ground interment .=ires' in said municipal cemetery by resolution, as required by. SeCtion 34-11 of the Code of Ordinances of the City of Sebastian; and wHEREAS, the City has recently purchased and installed niche.= in the mUnicipal cemetery; and wHEREAS, The city Council for the City· of Sebastian·has determined that due to substantial increases in the population of the State of Florida ,in general, and in Indian River County in particular, there exists the possibility that interment space in the municipal cemetery will be exhausted; and WHEREAS, the City Council has 'further determined the existing rates for in-.ground interment sites in the municipal cemetery are substantially below those charged by private and municipal cemeteries in 'the surrounding area; and WHERE~S, there are approximately 17 individual cremains in- ground 'interment sites which the city wishes to sell until such time as they are phased out;. and WHERF~%S,. the City Council has determined that in order to assure adequate interment space for the residents of the City of SebaStian, existing rates must be increased t° amounts, comparable to those of' other cemeteries in the surrounding area and rates must be' established for niches. CIT~ OF · SEBaSTIaNt INDIAN Ri~qER COUNTY, FLORIDA, that: .Se=tlon 1. 'CITY RESIDENTS. The price for interment space for individuals who reside in the Corporate .limits of the city of Sebastian, and in the unincorporated area of Indian River CoUnty, "located north of the City of Sebastian, known as Roseland, shall be as follows: (a) (¢) $500.00 per individual, in-ground interment site;. $250.00 per 4-foot x 4-foot cremation in-ground interment site; $650.00 per individual.niche. Section ~.. COUNTY RESIDENTS. The price for interment space .for individuals wh° reside in Indian River County, other than individuals residing in the City of Sebastian or in ROseland, shall be as follows: (b) $750.00 per individual in-ground interment site; $375.00 per 4-foot x 4-foot cremation in-ground interment site; $900.00 per individual niche. Section ~. OUT-OF-COFRT¥ RESIDENTS.. Interment space may be purchased by individuals not residing in Indian River County on an availability basis and the price for such interment space shall be as follows: (a)' $900.00 .per individual in-ground interment site; (b) $450.00 per 4-foot x 4-foot cremation in-ground interment site; F ........ k'c) ......... $-tT--858-~-0:0--per-ind~v~dua-t-'-~ic~e~ : Section A. SERVICES INCLUDED. The purchase price for in-ground interment sites includes sodding of'the grave site and perpetual care, but does not include the cost of installing a suitable concrete ·foundation for grave markers as required by Section 34-18 of the Code of Ordinances of the City of Sebastian. The purchase price for niche interment space includes a bronze plaqueprovided, engraved and mounted by the City of Sebastian. Section $~ CREMATION .INTERMENTS. OPENING OR CLOSING .' ~RAVE/NICHEOTHERTH~N DURING NORmAL.HOURS. The fee for openingor closing an interment site during a time that falls outside of the regular working hours, such as evenings, weekends and holidays, shall be $50.00. Section ~. CREMATION INTERMENTS. interments shall be as follows: (a) (b) The fee for cremation $15.0'0 per cremation interment; $20.00 per cremation disinterment Se=tlon 7. CORNER M~RKERS. The fee for corner markers with last name and initials of.the' deceased shall be $11.00 per set.of fouT, Sectlo~ ~. CONFLICT. .Ail resolutions or parts of resolutions in conflict herewith are hereby repealed. Sect,~on 9. ~EFEP~%BILITY. In ,the' event a court' of comPetent jurisdiction shall hold or determine that any part of this Resolution is invalid or unconstitutional, the remainder of the the city Council of the City of Sebastian didnot intend to enact such invalid or unconstitutional provision.. It shall further be ass%u~ed 'that the City Council would have enacted the remainder of this .Rssolution without such -invalid and unconstitutional prowision, thereby causing said .remainder to remain in full force and effect. ,se=tiO~, 1_9. effect immediately upon its adoption. The foregoing' ReSolution was moved for Councilmember ~3~9~ Councilmember ~ EFFECTIVE DATE. This ResolUtion shall take adoption, by The motion was seconded by and, upon being put into a vote, the vote was as follows: Hayor Lonnie R. Powell Vice-Mayor Frank Oberbeck Councilmember Carolyn Corum councilman Norma J. Damp Councilman Robert Freeland The Eayor thereupon declared this Resolution duly passed as adopted this ~--~ day o~. , 1993. LoSn~e ~. P%~ ~or Attest: Kathry~M. O'Halloran, .CMC/AAE cit~ Clerk (SEAL) Approved~/~d.Content: Charles~an Nash, city Attorney City of Sebastian Amlysis of Cemetery Lot Fees, Columm-ium Niches, Internment Rates, and Service Fees as of August 2001 Lot Fees City ~ County Aycock- Fouutainhead Hillcmst Memorial Melbourne Kiverview Memorial Pazk/Funeral Eau Galhe Memorial Gazdens Home Private Private Private $ 600 $ 595 $ 1,235 White City Cresflawn Sebastian Cemeteries Cemetery Cemetery Cemetery Municipal Private ~al Municipal $ 800 ,$ 515 $ 900 $ 500 1,125 750 Out 0f County 1,350 900 -~"£3~"~-~ i '~.6~ .............. ~ ............................. ~-~- ~"~':~ ................. ~- ' C~ In County Out of County Cremaim: Interment 0 0 0 0 100 Disinterment 0 395 150 0 100 Kelocation Columbarium Niches Single: ' 0 0 2,375 N/A 650 city In Couaty Out of County Double N/A N/A N/A N/A Mausoleum Niches (average) 350 N/A N/A N/A Door RemovalfReplacement N/C N/C N/C N/C Plaque installation N/C N/C N/C N/C Rings/Vases 75 N/C 310 N/C N/C Internment/Entombment/inurnment 594 Opening/Closing Fees Weekdays N/A 435 447 N/A N/A Overtime and Sataday N/A 655 647 N/A N/A Sunday/Holidays N/A 725 847 N/A N/A 300 250 375 375 450 450 25 15 25 20 45 NIA N/A N/A N/A N/A' N/A 650 900 1,050' N/A N/A N/C N/C N/C 100 140 140 N/C N/C N/C Subject: Stormwater Management Monitoring Program - Change Order ost~ Time Extension Approv or S~u~fittal Manager Terrence R.~Moore Agenda No. 00.173 Department Origin: Date Submitted: 09-14-01 For Agenda off 09-g6-01 Exhibits,: Change 'Order No. 9~ Development & Implementation of a Surface Water Drainage Management Plan for the City of Sebastian -Phase I, Segment II - No Cost Time Extension E~ENDI~RE ~EQUIRED: ~OUNT BUDGE~D: [ ~PROPRIA~ON REQUIRED: N/A N/A [ N/A SUMMARY Due to insufficient time restraints on the contract to complete the required six months of water quality and discharge monitoring needed, St. Johns River Water Management'District issued Change Order No. 2 to the Development and Implementation of a Surface Water. Drainage Management Plan.for the City of Sebastian -.Phase I, Segment II, for a six (6) month comract time extension from December 11, 2001 to Iune 11, 2002, to .allow the City's Contractor.adequate time to accomplish the water quality discharge monitoring needed.to be .incorporated' into the final report. RECOMMENDED ACTION Move to authorize the-City Manager .to :execute Change Order No. 2 to the Development & Implementation-of a, SurfaCe Water Drainage Management Plan for the City of Sebastian - Phase I, .Segment II, issued through the St. Johns 'River Water Management Distfi~ for a six (6) month contract time extension from December 11, 200'1 to June 11, 2002, to allow the City's .Contractor adequate time to accomplish the water quality discharge monitoring needed to be incorporated into the final report. St. johns River LETTER OF TRANSMITTAL TO: Terrence Moore DATE: September 6~ 2001 · City of Sebastian CERTIFIED NO.:' 7000 0600 0029 .................................................. ~[225-Main ..Street ................................... ---3348-7-?22 Sebastian, FL 32958 CONTRACT NO.: 96W257 We are sending you the following attachments for action as defined below: (['-']) Specifications ([--]) Amendment ([--]) Documents ([~) Change Order ([-']) Agreement ([--]) Work Order (['-b Correspondence ([-]) Other COPIES DES CRIPTION ACTION 2 Original Change Order No, 2 1,2,&8 ACTION CODE: 1. For your files 5. Insurance needed 2. For execution & return 6. W-9 form for execution & return ' 3. At your request 7. Performance/payment bond needed 4. For review & comment 8. See remarks REMARKS: Please ,obtain the armropriate signatures, date and return one fully executed oriAnal to mY.. attention as soon as possible. Randy Wallis Associate Contracts Administrator COPY TO: W, Green William Kerr, CHAirMAN MEt. BOURNE ~FJ~H Ann T. Moore BLtNNF. IJ. GOVERNING BOARD Omatrias D. Long, VICE CHNRMAN JS~ K. Jennings, SECRETARY Duane Ottenstroer, mEASURER APOPKA MArTLAND JAGKSONVILLE Michael Branch Catherine A. Walker Clay Albdght David G.. Graham FERNANDINA BEACH ALT^MONTE SPRINGS EAST LN(E WEIR JAG~U..E )St. johns River Kirby B. Green II1,' Executive Director, John R. Wehle, Assistant Executive Director Post Office Box 1429 · Palatka, FL 32178-1429 · (386)329-4500 CHANGE ORDER AUTHORIZATION DATE: August 28, 2001 TO: Termnce Moore City of Sebastian 1225 Main Street Sebastian, FL 32958 ..... .................... : Alan Weaver, Project Administrator PROJECT NO: 1842-58-6300-8301-31212/1843-52-6300-8301-31200 CHANGE ORDER NO: ~ CONTRACT NUMBER & NAME: 96W25Z Development & Imvlementation of a Surface Water Drainage Management Plan for the City of Sebastian- Phase I, Semmnt II CHANGE ORDER TITLE: Change Order 2, NO. C0.st Time Extension DESCRIPTION OF CONTRACT REQUIREMENTS TO BE CHANGED: Extend contract completio~ date from December 11, 2001, to June 11, 2002. JUSTIFICATION FOR EXTENSION: The City of Sebastian is a xapj..dly growing coastal community that is approximately 50% developed. Most of the Ci~...S.tormwater drains into the St. Sebastian ~yer, which due to inadequate stormwater facilities has the poorest water aualiw in the...., soutl0em half of the l ggoon system Through this agreemenJithe.. District assisted the City with its Master Stormwater Manageme...nt Plan. Two of the best management practices (BMPs) f~om that plan were selected for construction. Although, the construction took longer than expected, it is nqxv complete, and {he Cit~/ ha~ selected a contractor to implement the assessment of vest-construction efficiency. HOWeVer, insufficient time remain.q on the contract to complete the required six months of water qualitw and discharee monitoring needed to evaluate th.e BMPs. Therefore, the City requests a 6-month time extension so adexlu...a, te..monitnrine can be completed and these results incorporated into the final revert. Approved: Accepte /ki,Fyd'~/' Date of Approval: William Kerr, CaAIF~IAN MELBOURNE BE.~CH Ann T. Moore Total Additions ......................... $ Total Deductions ....................... $ Total Change ............................. .$ Original Contract Amount ....... $ Revised Contract Amount ...... $ 0.00 0.00 0.00 180,000.00 ,ooo.oo Schedule Impact (__+ days) ................... +182 GOVERNING BOARD Ometrias D. Long, woe CH~iR~N Jeff K. dennings, SECEET^RY ' Duane Ottenstmer,'mF..~suR~ APOPKA MAITL~ND J/~VILI ~ Michael Branch Catherine A. Walker Clay Albdght David G. Graham FERNN4DINA BEACH ALTAMONI~ SPRIN~S EAST I.~KE WEiR J~KSONVlLLE St. Johns River Kirby B. Green III, ~c~i~ Direr · John R. Wehle, Assistant ~ec~i~ Dimmer Post Office Box 1429, Paiatka, FL32178-1429 o (386) 329-4500 CHANGE ORDER AUTI~ORIZATION DATE: August ..28. 2001 TO: Terrence Moore City of Sebastian 1225 Maim Street Sebastiart, FL 32958 FROM: Whitney Green, Project Manager Alan Weaver, Project Administrator PROJECTNO: 18-42-58-6300-8301-31212/1843-52-6300-8301-31200 CHANGE ORDERNO: 2 CONTRACT NUNIBER & NAME: 9~;~57,..D. evelopment &Irnplementation of a Surface Water Drainage Management Plan for the CiW of Sebastian- Phase i, Se~m'aent II CItANGE ORDER TITLE: Change ~der 2LNo Cost Time Extension DESCRIPTION OF CONTRACT REQUIREMENTS TO BE CIJ_~NGED: Extend contract completion d~te from December .!1, 2001, ~.,o June 11, 2002. JUSTItlCATiON FOR EXTENSION: The City of Sebastian is a rapidly growing coastal community that is approximately..50% developed, M.o. st of the City stormwater drains into the St. Sebastian River, which due to · inad,:.quate stormwater facilities has the poorest water quality in the southern half of the Lagoon system. Through thi~ agreemegt, the District assisted the CiW with its Master Stormwater Management Plan. Two of.the bes.t managem~.nt pracfi..ces (BM:Ps) from that ~lan were selected for construction. Although, the construction took longer than...e, xpeeted, it is now eonmlete, and the CiW has selected a contractor to imnlement the assessment of post-construction efficiency, However, insufficien, t .fl..me remains on the contract to complete the required six months of water quality and discharge monitoring needed to evaluate the BMPs. Therefom~ the City requests a 6-month time extension so adeauate monitoring can' be conmleted and these results incomorated into the final revert. Approved: '_ Approved: Accep~~ Lottise Ca-twfigl~ Mayca', Cit~ of Sebastia= Total Additions ......................... $ Total Deductions ....................... $ Total Change ............................. .~ Original Contract Amount: ...... $ Revised Contract Amount ...... $__ 0.00 0.00 0.00 180,000.00 180,000.00 Date of Approval: 7 7d) ? William Kerr, c~n~n MELBOURNE BEACH Ann T. Moore BUNNELL Schedule Impact (i days) ................... +182 GOVERNING EBOAR D' Omotrlas D. Long, wcE C:HA~aM~U~ Jeff K. dennlflgs, SECRETARY Duane Ottenstroer,'mEAsUam APOPKA MAITLAND JACKSONVILLE Michael Branch Catherine A. Walker Clay Albright David G. Graham FERNANDINA BEACH ALTA. MONTE SPRfl$8 EAST LN4E'WEIR JAOKSONVILLE City of Sebastian, Florida Subject: Authorize City Manager to Execute Contract w/th Municipal Tax Consulting for. Exhibits: Agenda No.: 01.2'21 Department OriOn: Finance Date Submitted: September 19, 2001 ...For. Agenda of: Sept..ember 26, 2001 ,.~t_.... .... L etter-o£Agr-eement(Con-tract-for- ServiceO.__ · Background information re ~ardin~ Municip ,al Tax Consulfin~ & Management EXPtgND1TURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: None REQUIRED: SUMMARY Municipal Tax Consulting & Management, 'a division of Tax Research & Recovery, Inc. has proposed to the City of Sebastian to work on the City's behalf to recover use taxes paid by the City (via construction contracts, etc.) and that are reimbursable to the City. The City is exempt from paying sales and use tax as a municipal government. The contract ca/is for a 1/3rd of any recovery to be paid to Municipal Tax Consulting as a fee for the recovery, i.e. $1,000 recovered, mailed to the City by the State, turn around a mail a check to Municipal Tax Consulting fox $330. It is' unknown what the dollar value will be for this recovery of funds, therefore, it is unknown what the mount of the fees will be. I have contacted a couple of other Cities and they have been satisfied with this company performing this service. More especially, there is n_9_o fee if there is no recovery. The company will work on this for the remainder of the year and. we have the option of entering into additional renewals later on. This process is similar to the agreement we have for the Florida League of Cities recovery.program for insurance company occupational license fee recovery, whereby, the City receives half of the recovery and the League of Cities retains the other half. Therefore, it is staff's recommendation that we enter into this contract for the purposes of recovering use taxes on behalf of the City. RECOMMENDED ACTION Move to authorize the City Manager to enter into a contract with Murdcipal Tax Consulting & Management for the purpose o£ recovering use taxes paid by the City of Sebastian. 12:02 ~1:~ .FROM: 8'00 334~2789 TO: 1 (561) 589-.5570 PAGE: 003 0F,O0.3 MUNrCmLL Txx CoNSLtLTING & M. ANAGE3tF~N.'T A division of,Tax Rese~,ch & Recove.~, Inc. LE ,'rTE. R OF':'AGRE;EMENT (C,ONT,.,RACT FO R..SERV!,CE) · Municipal ,Tax Consulting and Management offers,'.a ,secvic~ to r~cov~r taxes paid by' .and. due to,th~ City of.Sebastian. ~ny taxes recovered by file Client stzaff, mmfleApal association/league-or ,other,Cliealt .agents as of ,fids da~ are .explicitly exempted .froni tiffs eontxact. The.City of Sebasti~ (the diem) i ~_~hereby_conu-acts_._with Municipal_Tax_Gonsulting_an6..Managlan~t~L(_the Firxll)_~e' for. said tax recovexies for the previous years and through.., end of flxe calendar .year signecL Annual renewal~s' may be .. offered for. client apl~'oval via future renewal'letter, Now, whereas the ':Firm has inves-~d substantial amounts of lime, expense and effort in researching the legal and a~couniing requirements and whereas the Firm .has performed .analysis procedures necessary ~o disclose the recovery and .will invest more effort to secure said refunds; the Finn will charge a fee equal to one third of the gro~s recoveries paid to'the client asa. result of said filing. The client herein agrees to pay this fee to the Firm within ~n (10) days'of.receipt by the client of each recovcn'y.amount; The tax filing results in~.recovery ,.refunds and .checks. made .payable to.the.client. If the::client ,does not receive a recovery no fee will be charged. The elient recognizes that the' information .concerning the methodology, content and concepts r. esulting in. recoveries will not be disseminated or shared ,with, any other.party .without prior written.consent l~Om .the Firm. Exemption from this will be granted in the,eVent, a"legal Freedom of. Information. request-to ,the ,client. The above stated,terms and conditions are acceptad by .the following officials of tb~ .respective parties, if'signed bythe chent and returned within. 90 days.o£September .14, 2001: · 'City of Sebastian. FL Signarare lvlUNIC~AJ_; TAX. CONSL1LTINO & lviA.NAC)~ - 'A division Of Tax tO. search &.l~covcry, Inc, ,By E~gar A Inglis, President, Prmted'3Iame Title. g~tember 14. 2001 ,,, Date ..... ~, ! . , ~ , ,. .~,~ qB '''[ "./~ ~rw~,a~;.~.~- t728 Main ~e~ * Coi~bla, ~ .29Z0t"~ O~n~: 2.01 ~W S~r ~ ~..~02 ~;~t~ 1-8~!4q~t6'~ t~: I.-~D-33~2789 · ~t.:.~amm~l~~ ' W~i: mumc~l~l~~,~ MLrNICI]PAL ' .'TAX .:;CONSULTING ,. ~ ~AGEMENT A division .of Tax.'R. esearch .~&. Recovery, Inc. ;.-':: :""-' .:1rix. Terrence MOore . _ ,.::-.. --':iOityof.Seb~sti~m. : . · -. , "...,~' '.' '..dL--_ .... ''.' 'L.:_x'"' '."t.';...... '.,..~..~t ..','.'. '.,'".'. :',.~':'~ ' ~",,', · ~ ,', '".~' .~,~ ~ .... ., :',.:.', ."..~-:.: ~"k~. .... ' ". · "..' ---,. "-~ · ~ - · r ~ ". ., · ..:I-Iz~QUim'm~s: ..1728/ffmin'Srreet'~ ·.COlumbia, SC '.'29201 --:O~,EVO, TIONS: :2201 Bounitary Street ;;B'eat/forr, SC '29902 '. i~.,' t>I-I°NE: 1,800~249-4616 '.,F~oc: ..1 ~800~33z¢2789 ,' ,E~rmlz: r~covery~munieiPaltaxcom61ting, org °' ~q~: mmiicipattaxcomUlting, org .. MUN~C~"T.~,x C ONStmT~O & A divm'on.ofTax:~esearch.,~r.Recovery,.'tnc. "' ..Mr. Terrence Moore :,:,Cipy of S~basfian . .,'."1.225 Main :St. ',Sebasfian,'FL -.'32958 ;":JUly 27, ~2001 MUN ¢rPAL TAX CONSULTING & .MANAGEMENT': Division of Tax Research f Recovery, Inc. REC:OVER!N'G HIDDEN TAXES NAT!ON- DE S;!NCE 1994 The tax environment today is more complex than ever before. There are many prepaid and hidden taxes paid by municipalities in purchases. Over 95% of our existing 1,100 clients stated in the initial inter- view they were convinced we could not benefit them. Our services have already returned over $8,000,000,00 to those .same clients. Why? Because our service is risk free and we are the only firm performing these services and the extensive, ongoing reseamh that makes them possible. Vqhat about taxes collected by staff Such as property and income tax? Any taxes currently recovered by your staff, municipal league or other agents are explicitly exempted from your contract with us. Why are we the sole source vendor? 1) Your auditor cannot perform these services due to the audit independence requirement. An auditor simply cannot create a revenue and then remain independent in certifying the legiti- macy of that revenue. 2) Bar Association rules do not allow an attorney to recover any prepaid tax on a contingency fee basis. 3) There is no other firm that has spent the time and resources to reseamh, document and make feasible the entire system of recoveries we can deliver. Why is this proposal risk-free? Because we work on a contingency fee basis to generate substantial new revenues for our clients by recovering taxes paid by vadous agencies. We have the experience to prove the tax amounts through a series of recover7 processes. Our staff will complete the recovery processes and have recovery checks sent directly to you. If you do not receive a recovery, you do not pay us. We do not use time and mate- dal billing which would involve a tremendous cost to you with no guarantee of any recovery. Our costs are spread over an existing group of over 1,100 clients and no other firm has accomplished this. What is the staff time required? Less than 15 minutes. We will only ask for two printed computer reports. Our staff will do the research, data recovery and perform the audits ............................. Services: Tax Research and Recovery, inc. offers a variety of tax reseamh, review and recovery services to a wide variety of clients through various subsidiaries. Municipal Tax Consulting and Management is the subSidiary specializing in the recoveries for municipalities and other government and non-profit agencies. The firm has utilized internal staff and numerous outside consultants to reseamh Federal, state and local-codes determining recovery opportunities f~r prospective government clients. Each state has different Codes and each prospective client has different purchasing characteristics. No other firm has invested the time to research and educate prospective clients as to 'the opportunities we present. These factors dictate that we offer the various services on a client confidential basis and we expend the time to educate our prospective clients as to these opportunities. Over 95% of our .existing 1,100 clients' stated in the initial interview they were convinced we could not benefit them. Our services have already retumed over $8,000,000.00. to those same clients. Tax'Research and Recovery, Inc. has invested considerable resources in the technologies required to efficiently recov- er~a~es and fees paid by and due to ourclients. We have developed a custom database management system with the assistance of outside consultants. We have the procedures' and analysis .tools to quickly determine the most valuable of the opportunities we offer to each particular client. We then schedule the various recovery projects to maximize the refund potentials and minimize the effects of the statute of limitations. This scheduling system facilitates the efficient utilization of intemal staff as well as adjunct staff and subcontractor staff on an "as needed".basis. Our on-site da~a col- lection system is unique to this firm. The system includes a variety of technologies enabling the rapid transfer of mas, sire data streams to corporate staff analysts. This allows us to recover voluminous information without disrupting the staff of our-clients. Staff: Tax Research and Recovery, Inc. (TR&R) maintains a fixed staff of accountants and administrative staff supervised by a Director of Operations Management. This staff is augmented by an extensive group of outside .consultants, advisors and specialists from the fields of tax, law and operations management. TR&R utilizes internal staff and external con- tract staff specialists to efficiently serve our clients by researching and developing recovery techniques capable of refunding many taxes and fees that were previously unobtainable in a cost effective manner. The law firm of Leatherwcod, Walker, Todd and Mann employs over fifty attorneys and the principal contact is a -former member of the United States House of Representatives. The Certified Public Accounting firm of Robinson Grant and Company PA sup- plies annual tax advisory services. The consulting firm of Greg Shorey, Inc. provides operations management services. The principal has successfully managed three extremely successful businesses and his firm offers access to the serv- ices of thirty-eight Fortune 500 senior level executive consultants. Founder' and CEO: Edgar Inglis graduated from the University of South Carolina College of Business Administration in 1978 and attended the University of Virginia Graduate School of Arts and Sciences in economics. Mr. inglis graduated with numerous honors, profession- al society affiliations and served various associations in officer positions. Mr. Inglis has spent over twenty years as the treasurer, accounting manager, general manager and CEO of several corporations and a regional government agency. History: The original firm was initially organized in February of 1994 by Edgar Inglis to offer services of recovering unclaimed prepaid taxes. Mr. Inglis was employed at that time as the Accounting Manager of a regional government agency sup- plYing water and waSte .water services for residents of two counties in South Carolina. Mr. Inglis had been involved in previous employment with a staff engaged in extensive tax analysis and was aware of many arcane tax.opportunities. The water and sewer agency needed additional sources of funds and Mr. Inglis began analyses of various tax issues to augment the agency revenues, Several issues pertained in sufficient values to warrant recovery efforts. The recovery efforts required substantial quantities of staff time and were later suspended to attempt engagement of an outside recovery firm due to staff:time limitations. The firm engaged to pe:d:on'n the financial audit could not complete such work due to the requirement that independent certified public accoUntants must remain independent. No other firm had the experience to complete the documenta. tion on a risk free contingency basis. It was quite clear from intemal staff time expensed that an outside firm billing on a time and material basis Could easily charge a fee exceeding the value of the entire recovery. The recoveries were then .abandoned as infeasible, Mr. Inglis later resigned his position to organize a firm to work on a risk free basis making these recoveries economi- cally feasible, Many outside firms and individuals were consulted to determine how best to accomplish this goal. The final product is a risk free contingency fee basis whereby the recovery is paid directly to the client and Tax Research and Recovery Incorporated is never paid until after the client is paid. The former county administrator who designed and dictated the contract said "This is a no-brainer for anyone. They simply cannot lose." The firm has since been engaged by over 1,1'00 municipalities and recovered, over $8,000,000.00 because we generate new revenue .with no risk and use almost no client staff time. jUST Two, THE EIGHT ARE ¥'OU~ GE~TT1NG ¥O~. SHARE.?' $250 Billion $240 Billion $230 Billion Use Tax - National Total $210 Billion $200 Billion 1996 Source: US (~ensu$ Bureau 1997 1998 1999 U.S. Treasury Excise Tax COllection $80 Billion $70 Billion $60 Billion $50 Billion $40 Billion $30 Billion $20 Billion $10' Billion t996 Source: US Troesury Dopartme~ 1997 1996 1099. MON~Cn?~ TAX CONSt/LTING & MANAGE/VI~NT 2¢ Division of Tax Research ~r Recovery, Inc. j PIL~Q~J~TERS: 1728 Main Street · Colmnbia~ SC 29201 O~v.~uUONS: 2201 Boundary Street · Beaufort, SC 29902 ~ PHONE: 1-800-249-4616' FAX: 1-800-334-2789 ~ .'~ .EM kin:` recovery~municipaltaxconsulring.org 'Wm SITE: wa~W. mnnicipalmxconsuldug, org J-'~ $ TR&R, Tax Research & Recovery, lnG,, is fully,Reglatered with Copyrighted Service Mark, all rights reearve~l. City of Sebastian, Florida Subject: Contrao$ Award for Derelict Boat Removal Ap~,~ubmittal by: _.._, Agenda No. 01.0 6 0 Deparmaent Origin:. ~ Finance Date Submitted: For .A~enda off Exhibits: Adventure Environmental letter dated 9/13/01 September 18, 2001 September 26, 2001 EXPENDITURE REQUIRED: 22,500 ~VIOLrNT AVAILABLE: 24,194 APPROPRIATION REQUIRED: N/A SUMMARY On February 14, 2001, Adventure Environmental, Inc., was awarded the Contract to Remove certain derelict vessels in response to a Grant obtained from the Florida Fish & Wildlife Conservation Commission. Adventure removed three (3) of (I 3) vessels slated for removal immediately due to deep water access. The other ten (I 0) could only be reached from shore due to shallow water, and therefore, required special permitting from the DEP, As you can see from the attached letter from Adventure, they were unable to secure the proper permilfing to alter the island for the removal process, hence, they will not be able complete the Contract awarded to them. Second Iow bidder, Sebastian Towboat & Salvage, Inc., was contacted to perform the remainder of the derelict boat removal. He advised in a meeting, that 'he has the ability to perform the removal of the remaining vessels. This project is fully funded by a Grant, and staff recommends Sebastian Towboat be awarded a contract to remOve the remaining derelict vessels. RECOM MENDED ACTION Move to award a Contract to Sebastian Towboat & Salvage, $22,500, for derelict vessel removal. Inc., in the amoum of 10 Pigeon Dr. Ke~y Large, FL 33~37 (z~) ~-4~sl fax ~,.adv~mr~roam~ml. Com To: Tt~ City of ~~ c.c. Florida F~h & ~ Cotm'rdssion C_it_y of Sebastian, Florida Subject: New lighting for courts # 5&6, racquetball courts and basketball court at Schumann Tennis l~ark Agenda No. 01. 222 Department Origin: Parks Supt. Chris McCarthy Finance:- ?rocurement:~i''' Date Submitted: SePtember 19, 2001 For Agenda ,of: September 26, 2001 Exhibits: Price quote from Musco Sports Lighting EXPENDITURE [ BUDGET AVAILABLE: REQUIJRED: $44,000.00 .'.1 $44,300.00 APPROPRIATION REQUIRED: N/A SUMMARY The lighting system at courts # 5 & 6 and racquetball courts at Schumann Tennis Park are worn out and constantly need repairs. The basketball court is currently not lighted. A new 'lighting system is definitely needed to light these courts properly. Musco Sports Lighting of Fort Lauderdale, Fl. can provide turn key installation of alighting system for $44,000.00. This pricing is per City of Jacksonville Bid # SC-0463-00. Musco Sports Lighting installed the 'lights at the Barber St. Sports Complex. They have a great reputation and do quality work.. RECOMMENDED ACTION Move to approve turnkey installation of lighting system for courts # 5 & 6, racquetball courts and basketball court at Schumann Tennis Park for $44,000.00. Pricing from City of Jacksonville Bid # SC-0463-00. Musco Sports Lighting* t838 Eam~hostm Drive, *High Point, NC 27265 Telephone (336) 887-0770*Fax(336) 887-0771 *Tell I~ree (888) 962.8080 QUOTATION Terms; Net 20 Days F.O,B.: Date: 9-19-01 TO: Chris MCCarthy WE ARE PLEASED TO SUBMIT THE FOLLOWING QUOTATION FOR YOUR REVIEW S ch u man ..$Ir_e_e_t_'ren nis_Co.m pie× I~rocluct to consi~t"~f Mus~o Light Structure'SYstem with (5) galvanized steel poles and (16) 1000 watt metal halide fixtures with Level-B spilJ and glare control. Ramote ballast, wire harnesses and dist:onnacts are included in the price. $ ~ACH .TOTAL,, Demolition of existing poles and fixtures Turnkey installation of new poles ar~d fixtures. TOTAL $44,000.00 This proposal assumes existing electrical wiring and servt~ is in ga~ working condition and requires ne upgra~le. No permitting fees are Includec~ anti if a permit is required It Is the responsibility of the off[y to obtain the permit. Prlcin9 is per City of Jaoksonvills Pricing does not Include sales tax, usage or other approl~rlate taxes. A tax exempt cartlflcata must be 0resented at the time of purchase to avoid these taxes DEPARTMENT OF AD MINIS TRA TION AND FINANCE Procurement and Supply Dtvi~ion NO~FICA~ON OF AW~ ~D ~LA~D AC~ONS DAT~: MU~CO LIGHTENG 1838 EASTCHEgTER gUITE ~04 H~GH POINT, N.C. 27265 BID: nC -0463-01} TFIr.LE: PRICE AGREEMENT CONTRACT FOR PARK AND PLAYGROUND EQUiPMENI You are a'sucaetaful bidder on the above referenced bid. Bid is aocepted subject to the tem~a, oonditioms ~ stipulations ~ our P~om~ce Bond ~ ~e ~ount cf$ ~a$ required In original bidpackagO m~ ~ ~mm~d ~in lO days ~om ~i8 ~0[~0afiO~. (Ple~, ~ctu~ bid ~mb~r on pe~ee brad 'CON--CT DOCUMEN~ OR P~C~SE O~ER ~ FOLLOW. TH~ ~ NOT ~ O~D~ Aw~ as Follow~: ~ A~ VENDO~ U&T~ ON T~ ~HE~ IN ACCORDNANCE ~ CATALOGS SUB--D, FOR TAB 6HE~, E~[ SUCH ~UEST ~ You are not a suocessfal bidder, Bids arc available fer inspection in the Prooaremvnt and Supply Diarisioa. Bid security is hervwith returned; Chc~k~ .... ~Amou~t~ ' $inler~ly, BEVERLY WILLIAMS · I17 West Dural Street, Suite 335 Jacksonville, Flerida 32202 Phmae: (904)630-1184 Fax: SUBJECT: PRICE AGREEMENT CONTRACT FOR PARK & PLAYGROUND EQUIPMENT AND LIGHTING. BID NO. SC-0463-00 DAT~ OFENED Apr 12, .... 2000 ~ENERAL.~OV~P~M~NTAWARDS COMMITTZE KIND BASIS OF CONTRACT: SUPPLY CONTRACT DATE OF AWARD FOR A PERIOD OF' ONE YEAR WITH TWO (2) ONE (!) YEAR RENEWAL OPTIONS. FOR PARKS, RECR~ATION & ENTERTAINMENT DIVISION & PARK MAINTENANCE DIV. BASIS OF AWARD:ALL QUALIFIED BIDDERS Number of Bids Invited: 28 Number Received: 20 Other: 2 P. ECO~END A~%~RD TO ALL VENDORS LISTED ON THE ATTACHED BID TABULATION SHEET FOR A SOURCE OF SDPPLY TO FURNISH, DELIVER, AND THE INSTALLATION OF PARKS AND PLAYGROUND EQUIPMENT AS LISTED IN THE CATALOGS SUPPLIED BY THE VENDORS AT DISCOUNTS PROVIDED ON BIDS. ATTACHMENTS: 3 ) SCOPE 2)MEMO FROM PARK~, RECREATION & ENTERTAINMENT DIVISION REMENT & SUPPLY ¢on~mu==mn~e B~': PARKS, RECREATION & ENTERTAINMENT DIVISION & 'PARK MAiNTENANCF. DIV. (ALL AWARDS ACTIONS SUBJECT TO AVAILABILITY OF FUNDS) ACTION OF AWARDS COMMITteE O~ R~~TZONS ABOV~ ACTION***************************************************************OF AW~U~ING Au'~'~.~TX--'" Da~e: APlm=oved6/ D~tsapl~rovmd: Othe~'] .... Musco's Proposal Pricing is for equipment that meets in all respects the City.of JacksonviLle;s sports hght~g guidelines and spezificatiom. MUSCO'S PRICE LIST All Prices are Delivered.- Terms: 25% Mth order, Net 20 days on delivery Initial. Levels Shown on Muaco's Scans are Ouaranteed Mmco's Light Structure System (LSS) Please see attached Literature. This is a complete sports lighting system complete with everything from the ground up, including the concrete ba~e insert, The LSS comes only ~dth remote balla~t, en¢losu:e, with disconnect. 40' mtg hgt With 2 each S~-2 Fixtures $2,980 Add $835. Per fixture for 'atr:tif,~----~-fixmres, up to a total of ? fixt'ar~s. 40' mtg hgt With 8 each SC-2 Fixtures $8,333 Add $835. Per fixtar~ for additional fixtures, up to a total of 27 fixtures. 50' mtg hgt With 2 ,each SC-2 Fixtures $4,358 Add $835 per fixture for additional futures, up to a total of 12 fixtures. · 60' mtg hgt with. 2 each SC-2 Fixtures $3,703 Arid $835, Per fixture for additional ftxtures, up to a total of 6 fixtm'~. 60' mtg hgt With 7 each SC-2 Fixtures $8,392 Add $835 p~ fixture'for additional fixtur, s, ap to a total of 12 fixtures. 60' mtg. hgt With 13 each .qC-2 Fixtures $12,500 Add $835 p~r fixtture for. · dditiotm,l fixtures, up to a total of 19 fi~tures. 70' mtg hgt with 2 each 8C-2 Fixtures $4,315 Add $835 per fixture for additional fixtures, ap to a total of 6 fixtures. ~'0' mtg hg't with 7 each SC-2 Fixtures $9,625 Add $835. per fixture for additional fixtures, up to a total of 13 fixtures. Page 2- City of Jacksonville - 2000 Mu~co Pricing 70' mtg hgt with 14 eael~ SC-2 Fixtures $15,800 80' mtg hgt with 2 each 3C-2 Fixtures $5,565 80' mtg i~gt with 8 each SC.2 Fixtures $11,455 Arid $835 p~ fixture for additional fixtures, up to a total of 27 £ixtu~s. Add $835 per fixture for additional fixtures, up to a total of 7 flxt~ea. Add $835 per fixture for ad~tional fixates, up to a total of 19 fixtures. 80' mtg hgt with 20 -.ach SC-2 Fixtures $23,785 Adtl $835 pet flxtttre for additional fixtures, up to a total of ~3. ftxtt~s, 90' mtg hgt with 2 each SC-2 Plxtures $9,550 Add $835 p~r fixture far additioual fixtures, up to a total of 12 fixtures. 90' mtg hgt with 13 each $C-2 Fixtures $19,900 Add $835 per fixture for ~:Iditioual fixture, up to a total of 23 fixtures. 90' mtg hgt with 24 each SC-2 Fixtures $34,875 Add $835 per fixtu~ for additional fixtures, up to a total of 40 fixtures. 100' mtg hgt with 9 each SC-2 Fixtures $17,316 Add $835 per fixture for additional fixtu~a, up to a total of 1~ fixtures. 100' mtg hgt with 16 each $C-2 F~×ture~ $29,100 Add:S835 per fixtme for adcl~fional fixturo~, up to a total of 28 fixtures. NOTE: Included in the above pricea axe delivery jobsite itailgated), 7 year parta and labor warranty as stated in accompanying literature (lamps for 2 years); sealed foundation d~signs by a Florida Strmtural PE mee~ng 100 mph winds, ASCE %95 and SBC-97, For 110 mph winds meeting ASCE %95 and SBC-97 stan~rds, please add 9% to the above Light Structure System equipment prices. Page 3 - City of Jacksonville. 2000 Musco Pricing Musco Ten Club Warranty Musco will provide complete 10 year parts and labor warranty on the entire Light Structure System including lamp replacement. Servioe is based on a 300 boar Imf year lamp usage. Optional prograras for 600 and 900 hotu's ap~ available - oonmct Musco for more details, Add $133.00 lgr fixtur~ on each Light Structure Pole. See attached 10 Club Service brochure for con~plcte program details. Musco Multi Watt Option ~mco'~ Multi Watt option provides for a high low dimming option far the 1500 watt and 1000 watt systems. System includes pre-wiring of system in the gpartacluster Remote Electrieal Bn¢losur~ for LSS and SC-2 products, a Multi Watt Control eontroll~. ADD: $56.08¢flxture for each lamp te be contrell~ by the Multi Watt s~stem ADD: $~r75.00 per ~one for each area to be controHea for Multi Wn~t Control Box. Musco Control Link/Contactor Cabinet System Mug:o's Control Link system provides a simple, coat effective way to control and operate your lights. Control Link's wireless control system pea'foam according to schetktles you d~fine. Musce's factory as~mblcd I~ighting Contactor Cabinet~ arc custom designed to work with the Control Link system. Package includes (I)Conlsol Link system with one year of communication by Musco along with oar 1~8~. 72" x 24" coata~tor cabine~ with (8) ~ amp contactors and (2) OOA switches. ' Imtial on-site training and conmaisstonmg of the system is includ~cl. Price: $6,100.00 Musco's SportScluster Fixtures Pre-xvi:'ed, pre-Aimed with necessary brackets to attach to poles For use on poles by others (not inelu~d) Standard Lamp With Symmetrical Refleet0r Lamps ate either Philips, GE or Sylvania. $C-1 SC-1 Remote Ballast 1000 W $549.00 R:mote Ballast 1500 W $549.00 Pn~ 4 - City of Jncksowdlle -2000 Musco Pricing Musco "Z" Lamp with Symmetrical Reflector with Lower Inserts Lamp is mfgr'd by Philips IMPOItT~,N?: The City of Jacksonville recognizes that different manufacturers require different fixture quautities to achieve the initial levels specified for a particular spo~ lighting site. Thus, the prices quoted per fixture are not relevant to "Best Buy for the City of Jacksonville" until the City then provides each manufacturer the size of the area (field) they wish to light (defined by grid count6 and grid size) and the initial light levels to be achieved. $C-2 Remora Ballast 1000 W $592,00 '~C:2- '~Hallast 1500 W $592.00 Spill and Glare Control: Level 8 visor (90% spill and glare control) ................ $73.00 each Can be added to existing SC-1 or SC-2 fixtures w/o r~luction in field Light Levels. TLC (total light control)* ...................................... $158.00 each (*)TLC will result in 0 light spill onto nearby residential properties, When considering TLC, additional fixtures may be required to retain initial Light Levels. Disconnect Adder: On any of the remote ballast above add $180.00 to each pole, to have a Them-iai Magnetic Disconnect included in the remote elect~cal enclosure (up m 1 $ fixtures per pole). Re,to-Fit SC-I: Oglusco's Old~ Technology, pn~zcntly installed at nurn~rous mtcs in J~onviBe) to 8C-2 ~c~olo~ - (25% more light per f~ s~e. Kw c~s~p~on). SC-1 to SC-2Z ................................... $141.00 Package ~el~s: Reflector 1500 W S~ag-~aded Z-~p Repl~e~nt Centemg Ring Musco's Gym-Pak Built specifically for gymnasiums Remote Ballast/Dual Level Lighting for PE and Competitive Play Listed below, please find "Gym-Pak Systems" for various size gymnasiums and/Or different light levels. Gym-Pal( 8. 15 each Oym-Pak Fixtures $5,512.00 Oyra-Pak 12 12 each Gym-Pak Fixtures $8,268.00 Page $ - City of Jacksonville - 2001) Musco Pric.~g Cryra-hk 16 16 each Gym-Pak Fixtures $11,024.00 C_Jym-Pak 20 20 each Gym-Pak Fixrmes $13,780.00 Gym-Pak 22[ 24 each G~ym-P~ Fixtures $16,$36.00 Per fixvam price is $689.00 each, which includes all items, is delivered and warranted.. Plebe r~fer to attached literature. For all projects of less than 8 fixtures, please add slkipping charge of 4% of order to handle atldlifional freight costs. MU$CO "POLE IN THE AIR".INSTALLATION OPTION The Musco Light Structur~ System can be purchaz~ "installed" by a licensed Electrical Ccmtractcyr certified by Masco. This price will include unloading of the equipment upon arr/val to the job site, excavation of the holes, assembly of the poles and luminaires, all pole whSng, installation of the prestress foundatiom with conc~te backfill, pole e~-tion and luminaire aia.~ng. Wiring for the Light Structure Sys~om is from the lights/lumina~ · ssembly down to the n~mote electrical enclosure at the base of ~he pole whew it will b~ terminated on the Museo supplied, disconnect breaker. Note: Installation assumes standard soils of 2000 pd with ~o rock or abnormal collapsing holes. Also, reasonable access to the pole locations must be provided and owner to dispose of excavatvxl spoils from augured hole. Masco will provi~ final J~oot¢lindle testing upon installation and energizing of the lighting system. Owaer to supply underground eleetricd feeders, ground ro~, panelboard, labor transformer to energize the lighting sysr~ra. No Power Company f~e,~ m'e inelud~l in these prices. Pole Size. 60' 70' pole with 1 m 13 fixtures 70~ pole with 14 to 27 fixture, 80' pole with I to 19 fixtures 80' pole with :20 to 33 fixtur, s 90' pole with 1 to 12 fixtures 90' pole with I3 to 40 fixtures 100' pole with 1 to 15 fixtures 100' pole with 16 to 28 fixtures $L500.oo $1,9oo.oo $2.300.00 $2,600.00 $2,800.00 $2,900.00 $3,300.00 $3,400.00 $3,500.00 $3,600.00 MUSCO SPORTS LIGHTING DESIGN/BUILD REFERENCES The following'list provides a sample oft he de$ign~u~d projects that Musco Sports Lighting has successfully, completed - on time and with no change orders. CONTACT · PROSEQ.T., City of Miami Beach Kevin Smith, :Park Director Broward county School Board Rodney Williams, Project Mananger (954) 765-6318 City of Boca Raton · JeffBorick, Park Planner (561) 416-3424 Martin County Parks and, Recreation Kevin Landry, Park Planner (561) 221-i376 Indian River C ounty'Parks Chris Kafer, County Engineer (561) 567-8000 Flamingo Park Stillwater Park Cr~Spl-p-~k Palm Island park Dillard High School Northeast High School Me~. orial Park Big Mound Park South' County Regional, Park Kiwanis Park Indiantown Park Soutt County Regional Park For Item B- FEMA's Position on Canal Management - Under City Manager Matters St. Johns River Water Management District's Flood Credit Assistance The National Flood Insur~ce Program's (NFIP) Community Rating System (CRS) was developed to provide an incentive for communities to do more than just regulate construction of new buildings in flood-prone areas. The objective of the CRS is to encourage, by the use of flood insurance premium adjustments, community and state activities beyond those required by the National Flood Insurance Program. The ultimate goal of the program is to reduce flood losses, facilitate accurate insurance rating, and promote awareness of flood insurance. SJRWMD plays a role primarily in reducing flood losses by protecting the natural and beneficial functions of floodplains. The CRS application manual states, "two types of natural and beneficial functions warrant protecting floodplains in their natural state: ' 1. Floodplains in their natural state have an important impact on flooding. Flood waters can spre~td over a large area in floodplains that have not been encroached upon. This reduces the flood velocities and provides flood storage to reduce peak flows downstream. Natural floodplains reduce wind and wave impacts and their vegetation stabilizes soils during flooding. Floodplains in their natural state provide ancillary beneficial functions beyond flood reduction. Water quality is improved in areas where natural cover acts as a filter for runoff and over bank flows; sediment loads and impurities are also minimized. Natural floodplains moderate water temperature, reducing the possibility of adverse impacts on aquatic plants and animals. Floodplains .can act as recharge areas for groundwater and reduce the frequency and duration of Iow flows of surface water. They provide habitat for diverse species of flora and fauna, some of which cannot live anywhere else. They are particularly important as breeding and feeding areas." The SJRWMD FloOd Credit Assistance Program will provide communities within SJRWMD appropriate data for "uniform minimum credits" for CRS activities that SIRWMD implements. These credits, combined with those awarded for community-specific activities can result in flood insurance premium reductions of up to 45%. The goal of SJRWMD is to provide documentation on as many credits as possible to local governments., There are four main credit areas for which SJRWMD can directly participate at this time. The specific credit areas are as follows: Open Space Preservation This activity recognizes 'wetlands, beaches, and other critical areas preserved from development, even though their protection may not have been focused on floodplain protection. If an open space parcel has a deed restriction or other permanent legal attachment that prohibits buildings or fill from ever being placed on the land, it is given the designation "DR" and additional credit. Most SJRWMD-owned lands within the regulatory floodplain qualify for open space' credit, provided there are no buildings on them within the regulatory floodplain. Enforcement of Stormwater Management Regulations SJRWM2D regulates the management and storage of surface waters, and stormwater discharge. Both permitting programs qualify local governments for CRS credit under stormwater management criteria for size of development that is regulated, design storms, water quality, and erosion and sedimentation control. Protection of Natural Floodplains through Acquisition. Credit is provided for acquiring, relocating, or otherwise clearing buildings out of the flood hazard 'area. Drainage System Maintenance Credit is provided for keeping the channels and retention basins under the jurisdiction of SJRWMD clear of debris in order to maintain their flood carrying and storage capacity. SJRWMD also provides indirect credit to local governments through public information projects that advise people of flood hazard, the availability of flood insurance, and/or flood protection methods. SJRWMI) is also considering dissemination of publications on the local flood hazard, flood hazard mapping, flood warning systems, flood safety, floodplain development permit requirements, substantial improvement requirements, drainage system maintenance, and the natural and beneficial functions of the local floodplain. Finally, SJRWMD produces a variety of maps and other engineering data through flood elevation and hydrology studies that it performs. This information is available to local governments and may be particularly useful for submissions to the Federal Emergency Management Agency for flood map amendments. Through all these initiatives, SIRWMD hopes to provide even greater assistance to local governments, in their endeavors to provide adequate flood protection. For more information on the flood credit assistance program, please contact your Intergovernmental Coordinator or Denis Frazel at (386) 659-1303. 9 HOJ~IE OF PELICAN ISLAND 1225 MAIN STREET [] SEBASTIAN, PLORIDA 32958 TELEPHONE (56'1) 589-`5`557 [] FAX (`561) .589-2566 TO: FROM: DATE: RE: Tracy Hass Director, Growth Management Jan King ~)~ September 10, 2001 Canal Landscape Management Plan Today I spoke with Gabe Gambrill about the proposed canal landscape management plan for the City of Sebastian. As you know, Mr. Gambrill is with Insurance Services Office, Inc.and conducted our last audit of the National Flood Insurance Program (NFIP) Community Rating System (CRS.). The CRS is an incentive program that provides reductions in flood insurance premiums for residents in communities whose floodplain management measures exceed those required to participate in the NFIP. As Gabe explained to me, his job is to evaluate the City's performance in a number of areas, including drainage system maintenance. Specifically, he looks for vegetation and debris in and along the canals, which could impede the flow of water. If the vegetation is restricting the flow of water, or potentially could restrict the flow of water in flood conditions, then it must be cleared out. if the City allows such conditions to exist, we would not be maintaining our drainage system as we should. In the Community Rating System, maintenance of the drainage system is worth 300 points, which is 2/3 of a class rating. Each class rating equates to a 5% reduction in flood insurance premiums for the community. If you need any additional information, please let me know. 1225 MAIN STREET SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5490 FAX (561) 589-6209 MEMORANDUM DATE: September 11, 2001 TO: Terrence R. Moore, City Manager FROM: Tracy E. Hass, Director of Gro4t ' -'fianagemen l' SUBJECT: Canal Landscape Management Plan Per your direction, Growth Management staff contacted the Insurance Services Office (ISO) and the Federal Emergency Management Agency (FEMA). Although we have yet to receive an official response from FEMA, we were successful in at least receiving verbal comments from Gabe Gambrill with ISO. Mr. Gambrill responded folloWing his evaluation of the proposed Canal Landscape Management Plan. Following is a brief explanation of direction Mr. Gambrill gave staff during our CRS audit in August of 2000; and attached is a memo from Growth Management Manager, Jan King, concerning her recent conversation with Mr. Gambrill. Although the proposed plan incorporates many environmentally friendly preservation tactics, by not allowing removal of vegetation along the canals, and actually promoting new plantings, we run the risk of reducing our community's overall insurance rating, as issued by ISO. Doing ~o would then increase homeowners flood insurance rates. The CRS Coordinators Manual stipulates that human-made channels, such as our canal system, are designed to use less area to carry more stormwater. The canals are not intended to have trees and/or other vegetation growing in them. In human-made channels, too much vegetation is considered "debris." If an on-site inspection, as performed by ISO, reveals trees and other brush growing in and along the canal, ISO can require removal of said vegetation in order for the City to receive discount points for preserving stormwater capacity within the canals. Otherwise, the City will be penalized with higher rates for not properly maintaining the drainage canal system. In summary, if vegetation is allowed to flourish, or is planted along the banks of our drainage canal system, ISO will lower our community rating, which in mm will raise the cost of homeowner's flood insurance. Attachment 9-25-01 MEMORANDUM TO FILE On Tuesday, September 25, 2001, at 3:10 p.m., I received a telephone call from Mr. Stanley who resides at 1007 Landsdowne Drive, Sebastian Highlands, 589-0028. Mr. Stanley called to report that a Capital Sanitation truck had a hydraulic leak on Landsdowne Drive today and requested that someone come out to clean it up. He also indicated that he had one trash bag in his garbage container to be picked up and observed Capital dumping it into the truck and watched it take approximately 5-10 minutes to be ground up. Mr. Stanley stated that he is very unhappy with Capital's service and that they frequently miss his pick up. On September 25, 2001, at 3:11 p.m., I called Public Works to report the above incident and Linda Kinchen stated that someone would go to Landsdowne Drive, take photographs and clean up the area. Submitted By: Jean Tarbell NAME NAME NAME NAME NAME NAME ~AME NAME NAME NAA NAME ~AME PUBLIC HEARING SIGN-UP SHEET Sept. 26, 200t P,esolution No. P,-01-63 Adoption of Millage P,ate for Calendar Year 2001 (,Finance Transmittal 9117101, p,-01-63, Copy of DR420 Certification of Taxable Value) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER CouNTY, FLORIDA, ADOPTING A MILLAGE RATE OF 4.5904 MILLS FOR THE CALENDAR YEAR 2001 AND ALLOCATING SAME TO THE FISCAL YEAR BEGINNING oCTOBER 1,2001 AND ENDING SEPTEMBER 30, 2002; pROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. -'"'-'-'-' A~RESS ~D~'-ADDRESS ADO~tESS ----'---~ADDP,ESS -------~RESS A~-~ESS NAME NAME NAME NAME NAME NAME NAME NAME NAME NAME NAME NAME NAME NAME NAME ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS NAME ADDRESS 01.112 PUBLIC HEARING SIGN-UP SHEET Sept. 26, 2001 Resolution No. R-01-64 Adoption of a Budget for Fiscal Year 2001/2002 (Finance Transmittal 9/17/01, R-01-64 and Schedule "A") A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1,2001 AND ENDING SEPTEMBER 30, 2002; MAKING APPROPRIATIONS FOR THE PAYMENT OF OPERATING EXPENSES, CAPITAL EXPENSES, AND FOR THE PRINCIPAL AND INTEREST PAYMENTS ON THE BOND AND OTHER INDEBTEDNESS OF THE CITY IN THE CITY'S GENERAL FUND, SPECIAL REVENUE FUNDS, DEBT SERVICE FUND, CAPITAL IMPROVEMENT FUNDS, GOLF COURSE FUND, AND AIRPORT FUND AS PROVIDED FOR IN SCHEDULE "A", ATTACHED HERETO, ESTABLISHING AUTHORITY OF THE CITY MANAGER TO IMPLEMENT THE BUDGET; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME NAME NAME NAME NAME NAME NAME NAME NAME ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS NAME ADDRESS PUBLIC HEARING SIGN-UP SHEET Sept. 26, 2001 01.057 Public Hearing and Second Reading Ordinance No. O-01-16 Establishing Stormwater Utility (City Attorney Transmittal, O-01-16) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 102 TO CREATE ARTICLE V SEBASTIAN STORMWATER UTILITY; PROVIDING FOR CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME NAME NAME NAME NAME NAME NAME NAME NAME ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS NAME ADDRESS PUBLIC HEARING SIGN-UP SHEET Sept. 26, 2001 01.201 Public Hearing and Second Reading Ordinance No, O-01-20, Amending City Code Section 34-2 Chapter 34, Article I In General - Cemetery Trust Fund (Finance Transmittal 9/14/01, O-01-20) AN ORDINANCE OF THE CiTY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE SECTION 34-2 CHAPTER 34 ARTICLE I IN GENERAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC SIGN-UP SHEET SEPTEMBER 26, 2001 REGULAR MEETING "New Business" as used herein, is defined as an item that has occurred or was discovered within the previous six months USE THIS FORM ONLY FOR INTRODUCTION OF NEW BUSINESS NOT OTHERWISE ON THE PREPARED AGENDA*- LIMIT OF 10 MINUTES PER SPEAKER If the item on which you wish to speak is on the printed agenda, do not sign this form. The Mayor will call for public input prior to Council deliberation on each agenda item. Please raise your hand when he calls for input. Name: New Subject: Name: New Subject: Name: New Subject: Name: New Subject: Name: New Subject: Name: New Subject: Name: New Subject: Name: New Subject: Name: New Subject: Name: New Subject: Name: New Subject: Name: New Subject: Name: New Subject: Name: New Subject: RESOLUTION 2001-05 .ORIDA LEAGUE OF CITIES, INC., URGING CONGRESS : COMMERCE EQUITY BY ADOPTING LEGISLATION rATE VENDORS COLLECT AND REMIT STATE AND XES WHERE SUCH TAXES ARE DUE. temet as a way to purchase goods and services is steadily Zongress passed the hatemet Tax Freedom Act, imposing a ocal taxes for online transactions and sales; and ¥ , w, goods and services purchased out-of-state in many cases are not subject to existing sales and use taxes imposed by the state and local governments where the purchaser resides; and WHEREAS, the moratorium is set to expire in October, 2001, with no resolve yet to this issue; and WHEREAS, H.R. 1552 has been filed in the U.S. House of Representatives, which would extend the Interact Tax Freedom Act moratorium for five years without resolving sales and use tax collection issues; and WHEREAS, legislation has also been filed, S. 512 in the U.S. Senate and H.R. 1410 in the U.S. House of Representatives, entitled the "Interact Tax Moratorium and Equity Act", and is supported by U.S. Senator Bob Graham and U.S. Representative Mark Foley, respectively; and WHEREAS, S. 512 and H.R. 1410 would encourage states to simplify their sales and use tax systems by giving those states the authority to collect taxes on goods or services sold through the internet and delivered in-state, without regard to the location of the seller, provided the states' sales and use tax systems meet specific simplification criteria and the states join a federally authorized Compact; and WHEREAS, the Florida League of Cities supports the establishment of uniform national standards and definitions for use by states to simplify their individual tax structures, and supports a mechanism that allows for the collection of a sales tax on remote sales so that states can recoup lost sales tax revenues; and WHEREAS, states need the flexibility to set their own simplified state use tax rate that recognizes local option application of certain sales and use taxes and meets the resource needs of individual state and local jurisdictions; and WHEREAS, states need the authority to simplify their tax structure without being subject to additional burdensome Congressional oversight after such tax structure has been established; and WHEREAS, tax-collection software exists to facilitate the collection of use tax in multiple states with multiple rates and exemptions; and WHEREAS, the Florida League of Cities supports legislation that considers the tax collection challenges of small and start-up businesses when they conduct sales over the Internet, provided the legislation does not include a permanent de minimis exemption fi'om use tax collect/on requirements /'or a remote seller o£a ~'ertain size; and WI[ER.SAS, the Florida League of Cities supports the efforts of U.S. Senator Bob Graham and U.S. Representat/ve Mark Foley in co-sponsoring legislation that addresses electronic commerce fairness, and urges members of the Flor/da Congressional Delegation to support legislation that resolves the use tax collect/on issues in a manner that is equitable to c/ties. NOW, THEREFORE, BE IT RESOLVED BY THE FLOR.IDA LEAGUE OF CITIEs, INC.: Sect/on 1: That the Flor/da League of Cit/es supports federal legislation that COmpels all retail merchants to collect and remit sales and use taxes for out-of-state purchases where such taxes are due. Section 2: That the Florida League of Cit/es does hereby urge Congress to amend S. $12 and /-I.R. 1410 to give applicable states and local jurisdictions the authority and flexibility to collect ,sales and use taxes for out-of-state purchases made w/th/ri theirjur/sdiction. Section 3. That the League supports federal leg/slat/on which would simplify the tax systems of state and local government and which would facilitate the collection of required state and local sales and use taxes from mail order, Internet and on-line sales transactions. Section 4. That the League opposes any extension of the current morator/urn, unless it is linked to Congressional authorization for state and local authorities to collect use tax on remote sales; and Section $. That a copy of this resolution shall be prov/ded to the Florida Congressional Delegation, the National League of Cities, the U.S. Conference of Mayors, Florida Governor Seb Bush, and interested parties. PASSED AND ADOPTED by the Florida League of Cities, Inc., in conference assembled at the League's 75*` Annual Conference, at the Wyndham Palace, Lake Buena Vista, Flor/da, this 25*' Day of August 2001. AWl'EST: Florida League of'C/ties, Inc. Florida League of Cit/es, Inc. Mayor, City o£Tallahassee Submitted by: FLC Staff RESOLUTION 2001-06 A RESOLUTION OF THE FLORIDA LEAGUE OF CITIES, INC. SUPPORTING A PRESIDENTIAL EXECUTIVE ORDER REGARDING OFF-SHORE DRILLING ALONG FLORIDA'S COAST AND SEEI</NG A PERMANENT BAN ON SUCH DRILLING. WHEREAS, Florida as a peninsular state has a delicately balanced ecological system of aquatic life, wildlife, coral reefs, wetlands, bays, estuaries and marshes; and WHEREAS, preservation and conservation of its natural resources is critical to Florida's environmental and economic future; and WHEREAS, Chevron is pursuing approval to allow oil drilling off Florida' s coast; and WHEREAS, offshore drilling and pipeline consla-uction and installation may cause significant damage to aquatic life, wildlife, sea grasses, coral reefs, mangroves, beaches and wetlands; and WHEREAS, offshore drilling off Florida's coasts will in all likelihood adversely affect Florida's economy, environment and way of life; and WHEREAS, Florida's contributions to the U.S. economy include tourism, retirement, recreation, and agricultural products which are not provided by other oil and gas producing states; and WHEREAS, the White House has recently agreed to significantly reduce the size of a proposed oil and gas drilling area in the Gulf of Mexico and to keep the site more than one hundred miles from Florida's shores, but this action does not eliminate threats of damage to Florida's coastline; and WHEREAS, the reserves of gas and oil off Florida's coasts make up a negligible percentage of the oil and gas reserves in the U.S. and in the world. NOW THEREFORE, BE IT RESOLVED BY THE FLORIDA LEAGUE OF CITIES, INC.: Section 1. That the League is opposed to offshore drilling in the Gulf of Mexico or near any of Florida's coastlines. Section 2. That the League supports a Presidential Executive Order banning development of leased gas and oil sites off the Florida coast until thorough economic and environmental studies are completed; and Section 3. That the League urges Congress to enact a permanent ban on leases for new oil and gas sites offthe Florida coast. Section 4. That a copy of this resolution be provided to the President, the Governor, the Florida Congressional Delegation and interested parties. PASSED AND ADOPTED by the Florida League of Cities, Inc., in conference assembled at the League's 75~ Annual Conference, at the Wyndham Palace, Lake Buena Vista, Florida, this 250' Day of August 2001. Scott Maddox, President Florida League of Cities, Inc. Mayor, City of Tallahassec ATTEST: Michael Sittig, Executive Director Flonda League of Cities, Inc. Submitted by: FLC Staff RESOLUTION 2001-07 A RESOLUTION OF THE FLORIDA LEAGUE OF CITIES, INC., OPPOSrNG PROPOSED STANDARDS BY THE NATIONAL FIRE PROTECTION ASSOCIATION THAT CALLS FOR MINtMUM STAFFING AND RESPONSE TIMES FOR MUNIC~AL AND VOLUNTEER FI~.E DEPARTMENTS. WHEREAS, the National Fire Protection Association (NFPA) is an international association of fire professionals and trade and professional organizations; and WHEREAS, the mission of NFPA is "to reduce the worldwide burden of fire and other hazards on the quality of life by providing and advocating scientifically-based consensus codes and standards, research and education"; and WHEREAS, NFPA has produced over 275 codes and standards that deal with every aspect of fire and life safety; and WHEREAS, NFI:'A is currently proposing two new standards: NFPA 1710, Organization and Deployment of Fire Suppression Operations, Emergency Medical Operations, and Special Operations to the Public by Career Fire Departments, and NFPA 1720, 'Organization and Deployment of Fire Suppression, Emergency Medical Operations, and Special Operations to the Public by Volunteer Fire Departments; and WHEREAS, proposed NFPA standards 1710 and 1720 define minimum response times, minimum fire company staffing levels, initial full alarm response levels, and extra alarm response levels; and WHEREAS, local jurisdictions have always determined the levels of service delivery for fire and emergency medical services; and WHEREAS, proposed NFPA standards 1710 and 1720, if adopted by NFPA, would impose onerous, unfunded mandates upon local governments to meet increased response times and staffing levels, and would likely be honored by federal agencies, such as the Occupational Safety and Health Administration (OSHA), and insurance companies; and WHEREAS, because NFPA codes and standards are jurisdictions, these standards may become "the norm" because development and promulgation of other codes and standards; and voluntarily respected by local of the stature of NFPA in the WHEREAS, the NFPA has clearly exceeded its mission in proposing these national minimum response and staffing standards; and WHEREAS, these two standards were recommended by the NFPA membership at the NFPA annual conference on May 16, 2001 in Anaheim, California; and WHEREAS, the NFPA Standards Council amended the standards to allow alternative "systems, methods or approaches" to be implemented by local governments, which in turn will allow local governments to review and make the final decision on the adequacy of such alternative approaches; and WHEREAS, although the amended language provides more flexibility to local governments in addressing these standards, municipal home rule is still eroded by the standards; and WHEREAS, if adopted and issued, the proposed NFPA standards would force local governments to shift dollars fi.om fire prevention programs to fire suppression activities, potentially' increasing the risk of fire and the danger to local firefighters. NOW, THEREFORE, BE IT RESOLVED BY THE FLORIDA LEAGUE OF CITIES. INC.: Section 1. That the League opposes any attempt by the National Fire Protection Association to adopt minimun response times or minimun staffing levels including minimum staffing levels of fire. specialized, or emergency medical services vehicles controlled by units of local government: and Section 2. That the League requests that the NFPA reconsider the proposed standards and include municipal representation in the review of such standards. Section 3. That a copy of this resolution will be presented to the Florida Congressional delegation, the National Fire Protection Association and the National League of Cities. PASSED AND ADOPTED by the Florida League of Cities, Inc., in conference assembled at the League's 75a' Annual Conference, at the Wyndham Palace, Lake Buena Vista, Florida, this 25th Day of August 2001. Scott Maddox, President Florida League of Cities, Inc. Mayor, City of Tallahassee ATTEST: Michael Sittig, Executive Director Florida League of Cities, Inc. Submitted by: FLC Staff RESOLUTION 2001-08 A RESOLUTION OF THE FLORIDA LEAGUE OF CITIES, INC., OPPOSING CONGRESSIONAL LEGISLATION THAT MODIFiES THE EXISTING FREEZE ON THE OPERATION OF LONGER COMBINATION VEHICLES OR TIJIAT PERMITS ANY NEW INCREASES IN TRUCK SIZE, WEIGHT OR LENGTH. WHEREAS, trucking industry representatives have expressed the desire to end the current federal freeze on the operation of longer combination vehicles (LCV); and WHEREAS, removing the freeze opens the door to increased truck lengths and weights and will allow triple trailers, longer double trailers and heavier single trailers to operate on interstates and the National Highway System; and WHEREAS, increasing the size of tractor-trailers will accelerate an already severe national problem of deteriorating highways and bridges and will further divert federal financial resources currently used to repair and maintain local roads; and WHEREAS, Florida's roads and highways are more congested than ever before due to a steady increase in state population and tourism activities, which further complicates efforts of aSsuring the safety and welfare of Florida's citizens and visitors. NOW THEREFORE, BE IT RESOLVED BY THE FLORIDA LEAGUE OF CITIES: Section 1. That the Florida League of Cities is opposed to any legislation that permits an increase in truck size, weight or length on Florida's roads and highways. Section 2. That the Florida League of Cities encourages members of Congress to maintain the current truck size and weight limits and to preserve the current freeze on the operation of LCVs. Section 3. That a copy of this resolution be provided to the National League of Cities, the Florida Congressional Delegation, Governor Jeb Bush, the Florida Department of Transportation, the Coalition Against Bigger Trucks and interested parties. PASSED AND ADOPTED by the Florida League of Cities, Inc., in conference assembled at the League's 75'~ Annual Conference, at the Wyndham Palace Resort, Lake Buena Vista, Florida, this 25* Day of August 2001. Scott Maddox, President Florida League of Cities, Inc. Mayor, City of Tallahassee ATTEST: Michael Sittig, Executive Director Florida League of Cities, Inc. Submitted by: FLC Staff RESOLUTION 2001-09 A RESOLUTION OF THE FLORIDA LEAGUE OF CITIES. INC., RECOGNIZING THE JOINT GREAT FLORIDIAN'S PROGRAM CONDUCTED BY THE OFFICE OF THE SECRETARY OF STATE AND THE FLOR_DA LEAGUE 6F CITIES, AND ACKNOWLEDGING THE MANY STATE LEADERS WHO ARE MEMORIALIZED THROUGHOUT THE STATE. WHEREAS, in 1997 the Florida Legislature established the Great Floridians Program, ~vhich recognizes individuals who have made important con~butions to Florida's history and culture; and WHEREAS, the Florida League of Cities has joined with the Florida Department of State to celebrate the turn of the century and to inaugurate this historical marker program: and WHEREAS, eight application cycles for the 2000 program were held in 1999 and 2000 with nominations made predominantly by the cities of Florida; and WHEREAS, 367 Great Floridians were selected and plaques have been ordered for each individual recognized; and WHEREAS, these "Official Great Floridian" plaques are located generally in the downtown areas of cities on structures significant to the individuals; and WHEREAS, many local recognition ceremonies have already been held by cities; and WHEREAS, a publication summarizing the conn'ibutions of each Great Floridian is being published by the Florida Department of State to further recognize the contributions of these individuals and this valuable program should be further promoted and publicized. NOW THEREFORE BE 1T RESOLVED BY THE FLORIDA LEAGUE OF CITIES, INC.: Section 1. That the Florida League of Cities encourages all citizens to salute these Great Floridians and to recognize their contributions. Section 2. That a copy of this resolution be provided to the Florida Department of State, the media and other interested parties. PASSED AND ADOPTED by the Florida League of Cities, Inc., in conference assembled at the League's 75u, Annual Conference, at the Wyndham Palace, Lake Buena Vista, Florida, this 25* Day of August 2001. ATTEST: Michael Sittig, Executive Director Florida League of Cities, Inc. Scott Maddox, President Florida League of Cities, Inc. Mayor, City of Tallahassee Submitted by: FLC Staff RESOLUTION 2001-10 A RESOLUTION OF THE FLORIDA LEAGUE OF CITIES. INC. SUPPORTING THE EARTH CHARTER, WHICH ENCOURAGES THE BUiLDING.OF A SUSTAINABLE WORLD BASED ON RESPECT FOR NATURE, UNIVERSAL HUMAN RIGHTS, ECONOMIC JUSTICE, AND CULTURE OF PEACE, AND ENCOURAGING THE NATIONAL LEAGUE OF CITIES TO ADOPT THIS AT THE CONGRESS OF CITIES, DECEMBER, 2001. WHEREAS, the Earth Charter is a declaration of the fundamental principles for a sustainable future and an urgent call to build a global parmership for sustainable development; and WHEREAS, for over a decade hundreds of groups and thousands of individuals throughout the world have been involved in the process of drafting an Earth Charter; and WHEREAS, the principles of the Earth Charter present a conception of sustainable development and set forth fundamental guidelines for achieving it; and WHEREAS, the Earth Charter is guided by a commitment to the principle of meeting our needs today, while at the same time enhancing the ability of future generations to meet their needs; and WHEREAS, the Earth Charter sets forth an integrated approach to community development which addresses respect and care for the community of life, ecological integrity, social and economic justice, and democracy, non-violence and peace; and WHEREAS, the Earth Charter offers principles which will be helpful to cities in addressing pressing issues and challenges: In order to fulfill these broad commitments, it is necessary to: RESPECT AND CARE FOR THE COMMUNITY OF LIFE · Respect Earth and life in all its diversity. · Care for the community of life with understanding, compassion, and love. · Build democratic societies that are just, participatory, sustainable, and peaceful. ° Secure Earth's bounty and beauty for present and future generations. II. ECOLOGICAL INTEGRITY Protect and restore the integrity of Earth's ecological systems, with special concern for biological diversity and the natural processes that sustain life. Prevent harm as the best method of environmental protection and, when 'knowledge is limited, apply a precautionary approach. Adopt patterns of production, consumption, and reproduction that safeguard Earth's regenerative capacities, human rights, and community well-being. Advance the study of ecological sustain ability and promote the open exchange and wide application of the knowledge acquired. Iii. SOCIAL AND ECONOMIC JUSTICE Eradicate poverty as an ethical, social, and environmental imperative. IV. * Ensure that economic activities and institutions at all levels promote human development in an equitable and sustainable manner. * Affirm gender equality and equiB, as prerequisites to sustainable development and ensure umversal access to education, health care. and economic opportunist. * Uphold the right of all, without discrimination, to a natural-and social environment supportive of human dignity, bodily health, and spiritual well-being, with special attention to the rights of indigenous peoples and minorities. DEMOCRACY, NONVIOLENCE, AND PEACE * Strengthen democratic institutions at all levels, and provide transparency and accountability in governance, inclusive participation in decision making, and access to justice. * Integrate into formal education and life-long learning the knowledge, values, and skills needed for a sustainable way of life. * Treat all living beings with respect and consideration. * Promote a culture of tolerance, nonviolence, and peace, and WHEREAS, the Florida League of Cities adopts this statement as a commitment to the stewardship responsibilities, inherent in municipal governance, and encourages member local governments to adopt the charter, and further encourages the National League of Cities to adopt these principles at the Congress of Cities in December 200 I. NOW THEREFORE, BE IT RESOLVED BY THE FLORIDA LEAGUE OF CITIES, INC.: Section 1. That the League supports the principles of the Earth Charter and the preservation of sustainable communities to provide quality of life for Florida's citizens. Section 2. That Florida cities and National League of Cities are urged to formally review and debate the Earth Charter and its relationship to their work. Section 3. That a copy of this resolution be provided to the Florida Congressional Delegation, the National League of Cities and interested parties. PASSED AND ADOPTED by the Florida League of Cities, inc., in conference assembled at the League's 75th Annual Conference, at the Wyndham Palace, Lake Buena Vista, Florida, this 25th Day of August 2001. Scott Maddox, President Florida League of Cities, Inc. Mayor, City of Tallahassee ATTEST: Michael Sittig, Executive Director Florida League of Cities, Inc. Submitted by: City of Sanibel