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Home My WebLink About06082005 SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, JUNE 8, 2005 -7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK 1225 MAIN STREET, SEBASTIAN, FLORIDA Individuals wiJI address the City Council with respect to agenda items immediately before deHberation of the item by the City Counci/- limit of five minutes per speaker 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE LED BY MAYOR McCOLLUM 3. MOMENT OF SILENCE 4. ROLL CALL 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon a unanimous vote of CIty Council members (R-04-26) 6. PROCLAMATIONS. ANNOUNCEMENTS. PRESENTATIONS 05.090 A. Certificate of Appreciation to Jeanne Jessup for Parks & Recreation Advisory Committee Service 05.014 B. Certificate of Appreciation to Patrick Gilligan for Construction Board Service 05.070 C. Certificate of Appreciation to Lee Griffin for Code Enforcement Board Service 05.125 D. Proclamation Declaring June as National Homeownership Month 7. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and actad upon separately. 3-15 05.126 17-18 A. B. Approval of Minutes - 5/25/05 Regular Meeting Authorize Purchase of Carolina Skiff, Model 2180DLX, Including Motor & Trailer from Space Coast Marine in the Amount of $11 ,220 for Public Works (Public Works Transmittal 5/24/05, RFP) 8. COMMITTEE REPORTS/RECOMMENDATIONS 05.070 19-38 05.014 39-46 A. B. Code Enforcement Board (City Clerk Transmittal 5/31/05, Code, Letter, Applications, List, Ad) i. Interview, Unless Waived, and Submit Nominations to Fill: a. One Regular Member, General Contractor Position to Expire 6/1/2008 Construction Board (City Clerk Transmittal 5/31/05, Letter, Code, Application, List, Ad) i. Interview, Unless Waived, and Submit Nominations to Fill: a. One Regular Member, Contractor Position to Expire 9/30/2006 b. Fill Alternate Position If Necessary 9. PUBLIC HEARING - None 10. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda - sign-up required - limit of five minutes each speaker 11. OLD BUSINESS 05.127 47-74 05.128 75-77 05.034 79-81 A. Award Contract to E & D Contracting Services, Inc. in the Amount of $731,500 and Appropriate $200,000 from Discretionary Sales Tax to Rehabilitate the Old Elementary School (City Manager Transmittal 5/31/05, Agreements, Amendment) B. Authorize Additional Payment to John Dean, Architect for Additional Historic Rehabilitation of Old Elementary School (GSA Transmittal 5/31/05, Cover Sheet, Change Order) C. Authorize Amendment II to the Boys and Girls Club Lease (City Attorney Transmittal 6/2105, Amendment) 2 12. NEW BUSINESS 05.016 83-92 A. Continued First Reading Ordinance No. 0-05-04 - Petition for Voluntary Annexation for a 25.55 Acre Addition to Cross Creek Subdivision - Schedule Second Reading & Public Hearing (GMD Transmittal 5/16/05, 0-05-14, Letter, Map, Survey, FS) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION OF LAND CONSISTING OF 25.55 ACRES, MORE OR LESS, LOCATED NEAR POWERLlNE ROAD SOUTH OF BARBER STREET KNOWN AS CROSS CREEK SUBDIVISION PHASE II; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. 05.016 93-110 B. First Reading Ordinance No. 0-05-06 - Rezoning Request from Agriculture (A-1) to RS-10 for a Proposed 25.55 Acre Addition to Cross Creek Subdivision - Schedule Second Reading & Public Hearing (GMD Transmittal 5/16/05, 0-05-06, Report, Map, Application) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF RESIDENTIAL SINGLE-FAMILY (RS-10) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS RESIDENTIAL, 1 UNIT PER ACRE (R) FOR LAND CONSISTING OF 25.55 ACRES, MORE OR LESS, LOCATED NEAR POWERLlNE ROAD SOUTH OF BARBER STREET AND KNOWN AS CROSS CREEK SUBDIVISION PHASE II, PROVIDING FOR CONFLICT, SEVERABILITY AND EFFECTIVE DATE. 13. CITY ATTORNEY MATTERS 05.129 111-113 A. Resolution No. R-05-18 - Termination of State of Emergency Operations (City Attorney Transmittal 6/2/05, R-05-18) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, DECLARING AN END TO THE STATE OF EMERGENCY OPERATIONS; PROVIDING FOR CONTINUED RELIEF FOR DISPOSSESSED HOMEOWNERS; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 14. CITY MANAGER MATTERS 15. CITY CLERK MATTERS 05.130 A. FACC Conference Attendance - June 18-22 - Orlando 16. CITY COUNCIL MATTERS A. Ms. Monier B. Mayor McCollum D. Mr. Burkeen E. Ms. Coy F. Mr. Neglia 3 17. ADJOU RN (All meetings shali adjourn",t 10:30 pm unless extended for up to one half hour by a majority vote of City Council) HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL . CHAMB~RS FOR ALL' GOVERNMENT MEETINGS. Regular City Council Meetings qre Scheduled fqr Live Broadcast on Comcast Channel 25 ANY PERSON WHO DECIDES TO APPEAL AMY DECISION MADE WITH RESPECT TO ANY MA ITER CONSIDERED A T THIS MEETING WILL NEED A RECORD OF TIiE PROCEEDINGS AND MA Y NEED TO ENSURE THA T A VERBA TIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.Q105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITfj DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODA TION FOR THIS MEETING SHO/.!..D CONTACT THE CITY'S ADA COORDINA TOR AT 589-5330 A T LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Upcoming Meetings: Juna 13, 2995 - 6:00 p.m. - CRA (Council) & Comti,Jnity Redevelopment Advisory Committee Joint Meeting June 15, 2005- 6:00 p.m. - Special MeeUng Stann",ter Improvements Including Canals June 22, 2005 - 7:00 p.m. - Regular Council July 13, 2005-7:00p.m. - Regular Council July 27, 2005 - 7:00 p. m. - Regular Council August 10, 2005 - 7:00 p.m. - Regular Council August 16,2005- 6:00 p.m. Budget WorKshop August 24, 2005 - 7:00 p.m. - Regular Council September 8, 2005 - 6:00 p.m. - 1" Budget PH & Spelal Meeting September 14, 2005 - 7:00 p.m. - Regular Council September 20, 2005 - 6:00 p.m. Special Budget Meetin. Saptember 28, 2005 - 7:00 p.m. - Regular Council October 12, 2005 - 7:00 p.m. - Reguler Council October 26, 2005 - 7:00 p.m. - Regular Council 4 CIl'IOf ~ '<".'-,-;.......:.----~' ::~'-:::-.--,. " . -- ---.. ----- r. _~"_""'.' . --- --- HOME OF PELICAN ISLAND \? National Homeownership Month WHEREAS, owning a home is one of the most prominent symbols of the American dream; and WHEREAS, home ownership is a major milestone indicative of a sense of security and achievement and creates more cohesive neighborhoods as well as individual wealth, and beyond personal achievement, positively impacts our economy and promotes community stability; and WHEREAS, National Homeownership Month is a way to strengthen public and private groups to work together to boost minority homeownership; and WHEREAS, the National Association of REALTORS is working with state and local entities to find ways to bring home ownership to minority families, female-headed households, new American families and other communities where homeownership rates are traditionally below 50 percent. . NOW THEREFORE, I, Nathan B. McCollum, by virtue of the authority vested in me as Mayor of the City of Sebastian do hereby proclaim that the month of June 2005 be designated as "NATIONAL HOMEOWNERSHIP MONTH" in the City of Sebastian. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Sebastian, Florida, to be affixed this 8th day of June 2005. Nathan B. McCollum, Mayor 05. 120 CD -. ~,' (b) -: (' - ~ ..~~" HOME OF PELICAN ISLAND ORAfl SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, MAY 25,2005 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. The Mayor called the regular meeting to order at 7:00 p.m. and announced that the new City Manager, AI Minner who is scheduled to begin on June 1 st was in attendance and introduced him to the audience. 2. The Pledge of Allegiance was led by members of VPN Post 10210 and American Legion Post 189. 3. The invocation was given by Father John Morrissey, St. Sebastian Catholic Church. 05.114 A. Proclamation - Memorial Dav Observance Mav 30. 2005 - Riverview Park Veterans Memorial - 11 am - VPN and American Looion VPN and American Legion members accepted proclamations from Mayor McCollum. The public was invited to attend the Memorial Day event at Riverview Park at 11 am. 05.115 B. Proclamation - Code Enforcement Officers' Appreciation Week June 6-10.2005 Chief Davis accepted the proclamation. 05.116 C. Proclamation - National Safe Boatina Week - Mav 21-27,2005 Commander Nigel Hargraves. Sebastian Power Squadron accepted the proclamation. 05.117 D. North Indian River County Relav for Life Appreciation to Citv Team Members North County Captains, Sally Maio and Jim Sexton presented certificates from the American Cancer Society for the City banner created by Dorri Bosworth, and team fundraising over $4,000; and thanked the members of the City of Sebastian team for their commitment and sponsors and others for their donations. OR~fl @ Regular City Council Meeting May 25, 2005 Page Two 4. ROLL CALL DRAFT City Council Present: Mayor Nathan McCollum Vice-Mayor Brian Burkeen Council Member Andrea Coy Council Member Lisanne Monier Council Member Sal Neglia Staff Present: Interim City Manager, Jim Davis City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams MIS Systems Analyst, Barbara Brooke Building Director, Wayne Eseltine Finance Director, Shai Francis Growth Management Director, Tracy Hass Human Resources Director, Jim Sexton Public Works Director, Terry Hill Police Lieutenant, Michelle Morris Airport Intern, Ryan Denner C:.:~./~ .:llio'l.. r'T ~~ 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS\ Items not on the written agenda may be added only upon a unanimous vote of City Council members (R-04-26) None. 6. PROCLAMATIONS. ANNOUNCEMENTS. PRESENTATIONS 05.118 E. Indian River County Administrator. Joe Baird -Impact Fees (see Item 12A for backup) Joe Baird introduced the recently adopted impact fee ordinance and interlocal agreement and responded to questions from Council, citing the 2% administrative fee the City will receive. 7. CONSENT AGENDA 05.119 19-23 B. Approval of Minutes - Regular Meeting 5/11/05 Request for Community Center - Howell and Leck Wedding Reception - AlB - 7/8/05 7pm to 11 pm (Public Works Transmittal 5/17/05, Receipts, Application) 7-18 A. ~ j\ '"" \.. @ 2 Regular City Council Meeting May 25, 2005 Page Three DRAFt 05.120 25-27 05.121 29-34 05.122 35-45 05.070 47-67 C. Approve Reimbursement Request from City's Insurance Carrier, Florida League of Cities in the amount of $21 ,000 As Settlement for Claim Deductible (Finance Transmittal 5/6/05, FLC Reimbursement Request, Release) D. Authorize Five-Year Lease Agreements with CIT Leasing for Four MITA Digital Copy Machines for City Cler1</HR Dept., Finance Dept., PO, and Engineering (Finance Dept. 5/18/05, Agreement, Tabs) E. Resolution No. R-05-17 - Final Plat for a Replat of Block W, Park Place PUD Mobile Home Subdivision (GMD Transmittal 5/16/05, R-05-17, Application, Map) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS PARK PLACE PLAT 3: PROVIDING FOR CONFLICTS AND EFFECTIVE DATE. Ms. Coy pulled items A and E. On MOTION by Mr. Neglia and SECOND by Ms. Coy items B, C and 0 were approved on a roll call vote of 5-0. Item A Ms. Coy noted a correction to her vote on Resolution No. R-05-15, which should read "voice vote of 5-0". Mr. Neglia noted that on page circle 17 he said the Filbert Street fence is down not done. On MOTION by Ms. Coy and SECOND by Mr. Neglia item A was approved with the two corrections on a voice vote of 5-0. ItemE The City Attorney clarified that the developer has filed a cash bond for completion of the lift station. On MOTION by Ms. Coy and SECOND by Mr. Neglia, item E was approved on a roll call vote of 5-0. 8. COMMITTEE REPORTS/RECOMMENDATIONS A. Code Enforcement Board (City Clerk Transmittal 5/16/05, Code, Applications, List, Ad) ORA.f1 @ Regular City Council Meeting May 25, 2005 Page Four DRA~fT 05.099 69-80 .. f , ;' -- (j) I. Interview. Unless Waived, and Submit Nominations to Fill: a. One Regular Member Position to Expire 3/1/2006 City Council briefly interviewed Mr. Johns. Mr. Neglia nominated Mr. Brauer Ms. Coy nominated Mr. Nagy. Mr. Brauer received 4 votes Mr. Nagy received 1 vote - Ms. Coy Mr. Brauer was appointed the regular member position and the alternate position opened. b. Fill Alternate Position if Appropriate Ms. Coy nominated Mr. Nagy. Mr. Burkeen nominated Mr. Johns Mr. Johns received 3 votes - Neglia, Burkeen, Monier Mr. Nagy received 2 votes - McCollum, Coy .~'.rl "\,, Mr. Johns was appointed. r' ~. 9. PUBLIC HEARING A. Second Readina and Public Hearina Ordinance No. 0-05-13 Creatina Sebastian Boulevard Trianale Overlav District Reaulations (GMD Transmittal 5/16/05, 0-05-13. Map. Minutes) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND DEVELOPMENT CODE ARTICLE XXI TO CREATE DIVISION C, SEBASTIAN BOULEVARD TRIANGLE OVERLAY DISTRICT REGULATIONS; PROVIDING FOR CONFLICTS, SEVERABILITY AND EFFECTIVE DATE. (PJ 5-20-05) The City Attorney read the title and the Mayor opened the public hearing at 7:30 p.m. The City Attorney stated changes have been incorporated and the Growth Management Director explained the ordinance provides that everything must be reviewed as a 'conditional use' at this time. Susan Seigal, Attorney, representing parcel owners, submitted a list of current 'permitted' and 'conditional use' commercial general categories (see attached to minutes) and proposed to put gas sales under conditional use to have an additional 4 Regular City Council Meeting May 25, 2005 Page Five DRAft evaluation and make it more difficult. Her clients would also like business and professional offices with a drive-through moved to 'permitted' uses. Jim Weber, addressed City Council stating more time is needed to consider the uses because his property's use was considerably cut. He stated non-industrial use should be allowed without grandfathering and the triangle area was always considered commercial. He would like to see controls on aesthetics instead of uses. The Growth Management Director said conditional use permits are reviewed by Planning and Zoning Commission and not City Council as alluded to. He said this ordinance is the culmination of two years of work by the public, city committees, and Council; said staff has tried to reflect the recommendations given to them by all parties involved and is an issue that is continually evolving. He said there are architectural controls in place for this area but they can be enhanced if necessary. The City Attorney said this language is a band-aid since staff intends to amend the LDC once the CLUP amendments are in place. He noted the LDC provides that the City Manager can also appeal Planning and Zoning decisions to the City Council Mayor McCollum closed the public hearing at 7:48 p.m. Ms. Coy asked about conditional use procedures and the City Attorney responded that, in addition to any special category conditions, there is a set of six general criteria that has to be reviewed and he read them from the LDC. Ms. Coy apologized to Mr. Weber for Council ignoring Industrial zoning. She said she was inclined not to change anything at this time and suggested leaving language alone and dealing with it property by property and use landscaping and architectural design standards. The Growth Management Director said there are approximately 40 properties in the triangle area. She recommended that all properties be brought before City Council for approval. The City Attorney said only the parcels fronting on CR512 are affected by performance standard and interior properties would not be included. He further stated CI, C2, and C3 of the proposed code adopt performance standards, and C4 applies to the uses, so only C4 would need to be deleted if such standards are desired. Mr. Neglia said he did not believe this language can remain as it is because there are things that he would not like to see such as vehicle sales and repair. He said he would like to see a mix of commercial and residential and delete industrial use. Side II, Tape t 8:02 pm Ms. Monier said this has been a long-term project and there is nothing that anyone could do architecturally to make an adult entertainment business palatable. She said the City just went through not allowing alcohol in proximity to a church and now is considering allowing a convenience store selling alcohol across from a school. 56) " DRAFt Regular City Counc,i1 Meeting May 25, 2005 Page Six Mayor McCollum said he liked the idea of architectural requirements, and said he does not want to unnecessarily constrain someone's property rights. The City Attorney said no one really knows what the Bert J. Harris Act means and briefly tried to explain it. Mr. Burkeen said he had a strong belief in private property rights, and also agreed with the City's right to regulate land, and recommended that the language either be left as is or send it back to a workshop of some type for public input. On MOTION by Mr. Burkeen and SECOND by Mr. Neglia, it was decided to schedule this issue for a workshop on a voice vote of 4-1 (Monier - nay) It was the consensus of Council to join the Community Redevelopment Advisory Committee at its June 13 meeting as the first item on the agenda. On MOTION by Ms. Monier and SECOND by Mayor McCollum, the public hearing on Ordinance No. 0-05-13 was continued to the June 22nd regular meeting on a roll call vote of 5-0. Mayor McCollum called recess at 8:20 p.m. and reconvened the meeting at 8:30 p.m. All members were present. 10. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda - sign-up required -limit of five minutes each speaker David Johns, spoke on the Golf Course, citing a meeting he had with the former City Manager several years ago about needs for the facility at which time he was told the improvements were in a two year plan. He cited unsafe and unsanitary conditions, questioned why the Golf Course has to pay rent to the Airport, which increases every year. He also discussed membership fees, cart fees, and recommended that the City open up memberships again. Damien Gilliams said he had a structural engineer look at a sign damaged at his business on US 1, and distributed an evaluation form that people will use to rate Council and Charter officers. AI Paternoster, Sebastian, reminded City Council that it ran on a platform of no residential annexations, citing newspaper articles from 1982 and 2005 regarding annexation. He said his organization is dedicated to quality of life and that Council needs to say no to developers. (i) 6 Regular City Council Meeting May 25. 2005 Page Seven Di' "Ji AC T '~'l. E' 11. OLD BUSINESS 05.093 81-83 A, Resolution No. R-05-13 Friendship Park Tennis Court Hours of Operation. Fees and Reservation Policy (City Clerk Transmittal 5/16/05. R-05-13l A RESOLUTION OF THE CITY OF SEBASTIAN. INDIAN RIVER COUNTY. FLORIDA. PERTAINING TO HOURS OF OPERATION, FEES AND RESERVATION POLICY FOR THE TENNIS COURTS AT FRIENDSHIP PARK IN THE MUNICIPAL COMPLEX; PROVIDING FOR CONFLICTS; PROVIDING AN EFFECTIVE DATE. Mr. Neglia said juniors should have been $2 and Ms. Coy agreed. She requested expenses be tracked and if more money is needed for the courts in the future they should be asphalted. Mayor McCollum suggested a report come back to Council at the end of September or October regarding whether or not the courts are paying for themselves, and if residents were having a problem getting on the courts, that could be readdressed in the fall. The City Attomey advised these issues can be brought back at any time. On MOTION by Ms. Coy and SECOND by Ms. Monier. Resolution No. R-05-13 was adopted with an increase to juniors to $2 on a roll call vote of 5-0. 05.123 85-87 B. Authorize Staff to Execute Chanae Order #1 to Work Authorization #16 to the LPA GrouP. Inc. Contract in the Amount of $9.835 on an Emeraencv Basis to Perform Reauired Surveys and Coordination with FAA to Reactivate Runway 8-26 (Airport Transmittal 5/19/05. Scope. Feel Ryan Denner, on behalf of the Airport Director, said the current contractor had a surveyor, which did its best, not knowing that FAA had special rules and regulations for surveys and the contractor did not complete the job. He stated the LPA Group has a surveyor on staff who can complete this job. He said this is simply a lateral move with the funding. On MOTION by Ms. Monier and SECOND by Mr. Neglia, change order #1 to work authorization #16 was approved on a roll call vote of 5-0. 12. NEW BUSINESS 05.118 89-136 A. Indian River County Impact Fees Interlocal Aareement Between Indian County and City of Sebastian (City Manaaer Transmittal 5/19/05. Letter. Memo. IRC Ordinance. Interlocal Aareement) The City Attorney stated the County will collect these fees whether or not the City agrees to this agreement which provides for the City's participation in the collection. 70) Regular City Council Meeting May 25, 2005 Page Eight ft';.,:, ~. .....""T D. f. G ~J~ \i.\ ',;.~, .'.....:. if Mayor McCollum said he fully supports the impact fee. In response to Mayor McCollum, the City Attorney said projected revenues will provide enough to cover an employee to administer the impact fee, and the City will have recourse through a "notice of intent" provision for termination of the agreement. Mayor McCollum said the impact fees can only be used for capital projects not operating costs. He pointed out that the fees will build schools but cannot pay for teacher salaries so this partially helps with the increased growth. In response to Mr. Burkeen, the County Administrator reported that the City would receive 2% of the 3% administrative fee. The City Attorney said he was not overwhelmingly happy with the statement that the City concurs with the methodology used; but he did not see any ultimate harm because there is an indemnification clause in case of a lawsuit. Ms. Coy said we need to be concerned about affordable housing but not necessarily single family houses for people just starting out, and said she was wholeheartedly in support of the impact fee. Mr. Baird said all impact fees will be reviewed every other year but the school board will have an annual review. He said anyone who has an existing contract before July 1, 2005 will be exempt from the new impact fees, as long as they have a valid contract with a cancelled check reviewed by the Community Development Department. He said software and training would be provided to the City by the County. Side II, Tape 11.9:12 pm Damien Gilliams said July 1 was not a good date for owner builders and suggested helping first time home buyers by adding a provision for waivers. In response to Mayor McCollum, Mr. Baird said the County does not believe it can exempt any particular group. On MOTION by Ms. Monier and SECOND by Mr. Burkeen, the interlocal agreement between Indian River County and the City of Sebastian for impact fees was approved on a roll call vote of 5-0. 05.017 137-145 B. First Readina Ordinance No. 0-05-07 - Petition for Voluntarv Annexation for a 40.224 Acre Tract to be Called the Hammocks - Schedule Second Readina & Public Hearina June 8th. 2005 (GMD Transmittal 5/16/05. 0-05-07, letter. maD. survev. FS171.044) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION OF LAND CONSISTING OF 40.224 ACRES, MORE OR LESS, LOCATED SOUTH OF SEBASTIAN RIVER LANDINGS PHASE II AND KNOWN AS THE HAMMOCKS SUBDIVISION; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT AND EFFECTIVE DATE. Mayor McCollum said action on items C and E depend on the action taken on B and D. @ 8 01""", Ot"-ir '~'T "",,~: ~ Regular City Council Meeting May 25, 2005 Page Nine The City Attorney said annexation is the most discretionary matter for Council consideration because Council is deciding what they are sovereign over, therefore the decision not to annex is virtually unchallengable. He advised Council that issues to be determined include whether the annexations would be good for the City, if state law requirements are met, and reminded density can be controlled by the restricted covenant. He further advised not to talk about zoning issues such as site plan matters at this meeting. The Growth Management Director presented the item, citing its size and location within the Urban Service Area and adjacent to recently annexed properties. He noted the street infrastructure is planned by the developers. The City Attorney read the Ordinance by title. Lisa Hess presented the request for annexation with a power point presentation, citing financial pluses for the City from taxes. Joe Graham, 805 Indian River Drive, Sebastian, said he was worried about what the County will do when they get hold of the property. He said the County does not have the vision that he would hope the City has. Bruce Moia, said Lisa Hess has made an effort to promote responsible growth. He stated these projects provide for their own roads, drainage and are self- policing. He said she is willing to go to two units per acre if asked. Constance Kenney, Sebastian, asked why it is a given that it has to be developed; and asked if the City can annex the property but keep it as agricultural. Damien Gilliams said the project abuts City property, has been in the pipeline, fits in geographically, and the developer builds first class homes. Mr. Burkeen asked Ms. Hess why she wants to come into the City if the density is the same. She said because she loves the City and wants to benefit the City. Mr. Burkeen asked why she would not build out to 50% and then come into the City. Ms. Coy said the City does not have agricultural zoning and said she is against any annexation until the zoning codes are reviewed. She said she feels that she is bound by the referendum to honor the voters. Mr. Neglia said he must have an open mind and asked about adjoining ownership, access roads and a traffic evacuation study. In response to him, the City Attorney said there is an access road provided for in the County agreement. Ms. Hess stated the County probably provided for studies requested by DCA. 9@ ORAfl Regular City Council Meeling May 25, 2005 Page Ten Mr. Neglia stated the County should be responsible for this growth affecting health and welfare of the residents. Ms. Monier said if the City does not annex they will see no revenues nor will they have any control over how subdivisions develop, but the development will be there and schools and roads will be impacted. Mayor McCollum said a new development would not bring money to the City for at least three years. Mayor McCollum stated for the record that if this ordinance fails, the next ordinance is removed from consideration. Ms. Monier made a motion to approve Ordinance No. 0-05-07 but it died for a lack of a second. On MOTION by Mr. Burkeen and SECOND by Mr. Neglia, motion to deny Ordinance No. 0-05-07 passed on a roll call vote of 4-1. (Monier - nay) 05.017 147-163 C. First Readina Ordinance No. 0-05-09 - Rezonina Reauest from Aariculture (A-1) to RS-10 for a Proposed 40.224 Acre Subdivision to be Called the Hammocks - Schedule Second Readina & Public Hearina June 8th. 2005 (GMD Transmittal 5/16/05, 0-05-09. Report. Map. P & Z Recommendation) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF RESIDENTIAL SINGLE-FAMILY (RS-10) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS RESIDENTIAL, 1 UNIT PER ACRE (R ) FOR LAND CONSISTING OF 40.224 ACRES, MORE OR LESS, LOCATED SOUTH OF SEBASTIAN RIVER LANDINGS PHASE II AND KNOWN AS THE HAMMOCKS SUBDIVISION; PROVIDING FOR CONFLICT, SEVERABILITY AND EFFECTIVE DATE. Removed from consideration by action on the prior item. 05.016 165-174 D. First Readina Ordinance No. 0-05-04 - Petition for Voluntarv Annexation for a 25.55 Acre Addition to Cross Creek Subdivision - Schedule Second Readina & Public Hearina June 8th. 2005 (GMD Transmittal 5/16/05, 0-05-14, Letter. Map. Survev. FS) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION OF LAND CONSISTING OF 25.55 ACRES, MORE OR LESS, LOCATED NEAR POWERLlNE ROAD SOUTH OF BARBER STREET KNOWN AS CROSS CREEK SUBDIVISION PHASE II; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title and the Growth Management Director recommended approval, citing road and drainage infrastructure provided by the developer. Side II, Tape II, 10:14 pm @ OR/>t.f"t 10 DRAfl Regular City Council Meeting May 25, 2005 Page Eleven Clive Beckwith said Mr. Fischer and his family are responsible, long-time residents and recommended approval. John Evans, attorney for the applicant, said he believes there is an issue of fairness, since it has always been presumed to be part of the whole project, and road improvement is included in the overall plan. He said the proposed density is 1.2 units per acre and the average home cost $350,000 to $800,000 in a gated community. Ms. Coy said she was looking at comments from DCA, which have objections regarding adequate public facilities and requests an in depth impact analysis. She asked if the analysis had been conducted. The Growth Management Director said staff would conduct the analysis after it is determined whether Council will consider the annexation on first reading. Ms. Coy noted DCA is looking for very specifiC statistical analysis. Mr. Neglia asked if this was going to be a gated community within another gated community. Attorney Evans said it will be one gated community and no other adjacent parcels are proposed for development. Ms. Monier said this Council has made up its mind and is not looking at numbers, and one day these properties will be developed in the County and the City finances will be hurting. Mayor McCollum said the voters wanted representation and the City is not going bankrupt if these projects are not annexed. The Growth Management Director said Powerline Road will develop as adjacent development occurs. Mayor McCollum recommended the applicant pave Powerline Road to CR510 with future adjacent developers reimbursing the applicant. The City Attorney stated this could be done through a cost-share agreement for future development with the County, but the applicant may prefer an impact fee credit agreement because this is an impact fee eligible road. Mr. Evans said he could not speak for his client tonight. On MOTION by Mr. Neglia and SECOND by Mr. Burkeen the meeting was extended to 11 pm on a voice vote of 5-0. In response to Mr. Burkeen's question of possible project denial, Mr. Evans said this parcel impacts the entire project. If Council wanted to pursue the cost-share concept for Powerline Road, the City Attorney suggested continuing the first reading until June 8th to get an answer from the County on a proposed agreement. DRAfl 11@ Regular City Council Meeting May 25, 2005 Page Twelve DRAFT On MOTION by Mayor McCollum and SECOND by Mr. Neglia, first reading on Ordinance No. 0-05-04 was continued to June 8, 2004 for a report on Powerline Road all the way through on a roll call vote of 5-0. 05.016 175-192 E. First Readinq Ordinance No. 0-05-06 - Rezoninq Reauest from Aariculture (A-1) to RS-10 for a Proposed 25.55 Acre Addition to Cross Creek Subdivision Schedule Second Readinq & Public Hearina June 8th, 2005 (GMD Transmittal 5/16/05.0-05-06, Report, Map, Application) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF RESIDENTIAL SINGLE-FAMILY (RS-10) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS RESIDENTIAL, 1 UNIT PER ACRE ( R) FOR LAND CONSISTING OF 25.55 ACRES, MORE OR LESS, LOCATED NEAR POWERLlNE ROAD SOUTH OF BARBER STREET AND KNOWN AS CROSS CREEK SUBDIVISION PHASE II, PROVIDING FOR CONFLICT, SEVERABILITY AND EFFECTIVE DATE. On MOTION by Mayor McCollum and SECOND by Mr. Burkeen, first reading on Ordinance No. 0-05-06 was continued to June 8. 2004 for a report on Powerline Road all the way through on a roll call vote of 5-0. 13. CITY ATTORNEY MATTERS Slated the emergency ordinance should probably be addressed at the next meeting, so that residents not living in FEMA trailers will move the recreational vehicles to the rear of their homes. Reported that Advanced Auto agreed to a signage change and to changing the colors on their building. Ms. Coy was excused at 10:39 pm. Reported the Boys and Girls Club construction was ongoing. Recommended office space for Representative Poppell in his office suite. He slated it would benefit the City. Mayor McCollum suggested investigating whether the state gives a stipend. Chief Davis said he would not be in favor of any more free space. The City Attomey said he would investigate it. 14. CITY MANAGER MATTERS None. OR~f~ 15. CITY CLERK MATTERS None. 16. CITY COUNCIL MATTERS A. Ms. Monier - None o 12 Regular City Council Meeting May 25, 2005 Page Thirteen ."'. 'F'T DQ,:r \r~.;;..... .A. V 05.124 B. Mr. Neglia - Announce Public Forum Schedule in Council Chambers Mr. Neglia stated he would hold public forums in the chamber every second Saturday of the month, beginning June 11th from 10-12 noon. C. Mayor McCollum Asked how Council wanted to participate in the 4th of July parade. All members said they would be involved in a float. He stated there would be a June 6th Meet and Greet for the new City Manager from 4-6 pm ; reminded residents of the June 15th Stormwater meeting at 6 pm and the June 4 Friendship Park opening at 10 am. D. Mr. Burkeen - None E. Ms. Coy - None 17. Being no further business, the regular City Council meeting was adjourned at 10:50 pm. Approved at the June 8th, 2005 Regular City Council meeting. ATTEST: Nathan B. McCollum, Mayor Sally A. Maio, MMC - City Clerk OR~f1 1@ @ HOME Of I'iI.lCAN JSI.ANI) Subject: Purchase approval for an all purpose work/utility boat Cit of Sebastian, Florida Agenda No. n5.fZip App ov d or Submittal by: . . City Manager Department Origin~C 'W7 Public Works Dir: ,tJ ~ General Services Admi : -:::? ./ Fi.nance Dir: _ ~ ;;n--- CIty Clerk: City Attorney: 1'- Date Submitted: OS/24/05 For Agenda of: 06/08/05 Exhibits: RFP all purpose work/utility boat EXPENDITURE REQUIRED: $11,220 BUDGETED AMOUNT: $ 12,000 APPROPRIATION REQUlRED: $0 SUMMARY The Public Works Department has a need for a general all purpose work/utility boat. The boat will be used for maintenance of various City docks, transporting fireworks on a yearly basis for the annual fourth of July fireworks celebration, debris removal on the waterway including canals through out the City, and other miscellaneous situations requiring the use of a boat. General Services Administration solicited Proposals in accordance with the City's Purchasing Policy, for a suitable boat, motor & trailer, and received two responses as follows: 1. Space Coast Marine, Satellite Beach, FI. $11,220 2. St. Lucie Outboard Marine, Ft. Pierce, FI. $12,386 Both responses are for a Carolina Skiff, model2l80DLX including all those things asked for in the Invitation attached. Public Works feels this would be the best boat, motor, & trailer suited to the needs stated above. RECOMMENDATION Move to award purchase ofa Carolina Skiff, model 2180DLX, including motor & trailer from Space Coast Marine, in the amount of$II,220. @ INVITATION REOUEST FOR PROPOSAL GENERAL ALL PURPOSE WORKIUTllJTY BOAT REQUEST FOR PROPOSAL ARE BEING SOllCITED FORA WORK BOAT. SEALED PROPOSALS WILL BE ACCEPTED & PUBLICLY OPENED BY THE CITY OF SEBASTIAN, ATTENTION PURCHASING, IUS MAIN STREET, SEBASTIAN, FLORIDA 32958, UNTIL MAY 2. 2005 ilil2:00 P.M.. SEALED ENVELOPES ARE TO BE MARKED IN THE LOWER LEFT CORNER AS FOLLOWS: RFP: WORK BOAT OPEN: MAY 2. 2005 ilil2:00 P.M. The City's Public Works Department desires to purchase a new work/utility boat & trailer as foUows: 1. FIBERGLASS CONSTRUCTION 2. APPROXIMATELY 20 FEET LONG, WITH MIN. 84 INCHES WIDE 3. ENGINE 25 HP FOUR CYCLE, MANUAL START 4. s.s. PROP 5. Tll..LER STEERING 6. FULL COAST GUARD EQUIPMENT 7. ALUMINUM DRIVE ON STYLE TRAILER WIS.S. PACKAGE, W/SIDE GUIDES 8. CITY TO PICK UP BOAT AT DEALERSHIP NOTE: THE CITY HAS BUDGETED $12,000 FOR THIS BOAT. AU firms shall be properly licensed to conduct its business, with aD licenses, permits, and. certificates as required by aD Local, State of Florida, and Federal agencies. A Drug Free Workplace Form must be signed and submitted in order for your offer to be accepted. The form can be obtained by contacting us. Any person or affiliate who has been placed on the convicted vendor list following conviction for a public entity crime may not submit a bid as proscribed by Section 287.133, F.S. A form must be signed & submitted in order for your offer to be accepted. The form may be obtained by contacting us. Questions pertaining to this Request for Proposal shaD be addressed to Paul L. Wagner, General Services Administrator @ 772-388-8241, or in writing at the address stated above. Award will be made to the most responsible offeror whose proposal is determined in writing to be the most advantageous to the City, taking into consideration price, quality, suitability, and other factors as deemed relevant by the City. The City of Sebastian reserves the right to accept or reject any or all proposals, waive any irregularities, award the contract to any respondent whose proposal is determined by the City to be in the best interest of the City, cancel this invitation at will, and/or extend any date/time deadline stated herein without notice. BY: Paul L. Wagner, General Services Administrator City of Sebastian @ (lI'f(J S~~ ~ HOM1 OF PELICAN ISlAND CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Expired Regular Member, General Contractor Position on the Code Enforcement Board Agenda No. 05.070 ubmittal by: City Manager Department Origin: _City Clerk Purchasing/Contracting: Finance Director: City Attorney:~. (. City Clerk: AI Date Submitted: 5/31/05 For Agenda of: 6/8/05 Exhibits: letter, code, application, board member list, ad EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY Mr. Van Buskirk's position has expired. He has served as board chairman and is interested (and eligible) in serving again. RECOMMENDED ACTION Submit nominations for the expired, regular member, general contractor position which will expire 6/1/08. @ AKllCLh Vi. tlUAKU:S, CUMMl:S:SIUN:S, CUMMlllbb:S~ rage 1 or L Sec. 2-179. Membership; composition. The board shall be composed of seven regular members, and at city council's discretion, up to two alternate members. All members shall be appointed by the city council and the board shall consist, whenever possible, of the following: (1) One architect; (2) One businessman; (3) One engineer; (4) One general contractor; (5) One realtor; (6) One subcontractor; (7) The final member, and alternates if appointed, may be any qualified resident of the city. (Code 1980, S 2-94(a); Ord. No. 0-93-16, S 1, 2-9-94; Ord. No. 0-98-10, S 1,11-18-98) State law references: Similar provisions, F.S. S 162.05(2). Sec. 2-180. Qualifications. Each regular member appointed to the board shall possess the following minimum qualifications: @ (1) The architect and the engineer shall be registered under the Laws of the State of Florida regulating the practice of architecture and engineering or shall possess similar qualifications under the laws of other states or shall have actual experience deemed by the city council to be equivalent to such registration. (2) The general contractor and the subcontractor shall possess a valid certificate of competency and occupational license, recognized and accepted under the Laws of the State of Florida and the codes of the city, regulating the business of contracting and, where required, state registration as a contractor, or shall possess similar qualifications under the laws of other states, or shall have actual experience deemed by the city council to be equivalent to such certification. (3) The realtor shall be licensed under the Laws of the State of Florida licensing real estate brokers as either a broker or salesman, or shall possess similar qualifications under the laws of other states or shall have actual experience deemed by the city council to be equivalent to such licensing. (4) The businessman shall be actively engaged in any lawful business within the city, or shall be an officer or employee of a business entity holding a current and valid occupational license issued by the city. (5) In accordance with section 2-170, each member shall be a resident of the city. If a member of the board ceases to be a resident of the city, such member shall immediately notify the city clerk of such occurrence and their membership on the board shall terminate automatically and immediately. http://library.municode.com/gateway .dlVfl/florida/6671 /6683/6689?f=templates$fn=docu... 4/13/2005 AKIILLn v 1. DV~k), LV1VllVllk)k)lV1"""k), LV1VUVlll .lCCk). ragt:: 1 U1 .l ~~~t9 ~ Sec. 2-170. Qualifications. The primary consideration in appointing board and committee members shall be to provide the board or committee with the needed technical, professional, financial, business or administrative expertise. An applicant's previous term as a member or an alternate member of the board or committee on which there is a vacancy may be given special consideration. Whenever a current or former member of a board or committee is being considered for appointment or reappointment to a board, the city council shall consider the number and nature of the memoranda of conflict previously filed by such individual pursuant to ch. 112, F.S., relating to that individual's previous membership on the board or committee for which the appointment is being considered. All of the members of each board or committee shall be residents of the city. Additional qualifications may be ordained or be otherwise applicable for a particular board or committee. (Ord. No. 0-97-56, 9 5, 9-25-97) @ http://library.municode.coml gateway .dll/fl/florida/667I /6683/6689?f=templates$fn=docu... 4/13/2005 @ 05/20/05 09:06 fAX 7729765090 V.B. POWER PLANT 1iII002 MEM()RANDUM VERC BEACH MUNICIPAL POWER PLANT - To: Frolll1: Dat~: City of Sebastian Council Member's Ron VanBuskirk May 20, 2005 SUBJE( T: Code Enforcement ~ y current term on the Code Enforcement Board expires in June 2005. This is my 4th y ,ar on the board. I would like to be considered for another term to serve 83 a member of tl e code enforcement board for the City of Sebastian's government 1 hank you, //2dJw4- J .on VanBuskirk, ( urrent Sebastian Code I nfo.rcement Member. @ RECEIVED !\t:CEIVEI CITY OF SEBASTI ;:!TY H $EI1ASTIAN OFFICE OF CITY CL ,,;:rICE @F CITY CLEM 2602 f1flY 21 Arl 9 o.~'"'~ 2001 ~ilj'J 19 Ar\ 9 ~;1 APPLICATION TO SERVE ON CITY BOARD/COMMITTEE (All City Board and Committee Members Must be Residents of the City of Sebastian) (,s ~ft'))'~ ~O 12 NAME: /~./II L" M. ~'" 13vs k,"jc.J< HOME ADDRESS: ,;lS 0{ Ibc/C.. Av€ Se bASTAi.. ~L 3;1 "J S'ir HOME PHONE: Sr-'i- 7lrv'I HOME FAX: E-MAIL: BUSINESS: BUSINESS ADDRESS: BUSINESS PHONE: BUSINESS FAX: E-MAIL: ARE YOU A REGISTERED VOTER? V E 5 VOTERREG,NO. HOW LONG HAVE YOU BEEN A RESIDENT OF SEBASTIAN? 17 Vt:'A,l.S DO YOU CURRENTLY HOLD ANY PUBllC OFFICE? NO DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDS/COMMITTEES? NO PLEASE CHECK THE BOARDS ON WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: BOARD OF ADJUSTMENT CHARTER REVIEW COMMITTEE (serves only 6 months every 7 years) CITIZENS BUDGET REVIEW ADVISORY BOARD X CODE ENFORCEMENT BOARD CONSTRUCTION BOARD HANDICAPPED SELF-EV ALVA TION COMMITTEE PLANNING AND ZONING COMMISSION POllCE RETIREMENT BOARD OF TRUSTEES PARKS & RECREATION ADVISORY COMMITTEE TREE ADVISORY BOARD OTHER TEMPORARY COMMITTEE (WRITE IN COMMITTEE NAME) @ APPLICABLE EDUCATION AND/OR EXPERIENCE: (attach separate reswne if necessary) 19 77- G;2A"'J"~i5' C!I< C/IIeJ<,'l H,'u f/;~t, SchoJ/, J;-J/<:$'J'"(f"IC /l1,'c/{, 1'i1'i-/9'ff3-I./S/-IAvy'. , I 'j l(3 - Pi<est?AJ, Sot>\E" Cc/IGye J rtTH S;c/'.,ol-S REASONS FOR WANTING TO SERVE ON BOARD OR CO:MMITTEE:..,--o ,4 cr; v'-j P.4f~.:T';C,{J,4T([ /1s. .A /VleM Au 0;:= -rhi5' /3.46~ 5A./rv;C:Ctf"IVIfi".-JT 6o,,~ C;; ."'''''7 J~i ,tJ"'I 0-'; tF~;':"1";'''~ (bc; ';Y !JAIl) NT,h(E POLICY ..:Jj" 'ThE /JEST :r",.,..e:d[ST OJ~1'he Cr. P/; 5ebAS'J/1;..J ;1,.Q .J"rj ;?eSi/JE.vr:5_ LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: &000 tlrlOeJLS7A;<.V);/.i7' O^'-rhE tJ,4( bJ;l-{)j/.l7~ AiUF Cr:wS7K.dcndJ, ,4.s" I-l Res:.oD.I7-- Of< St;"iJ./f5T/J/"i roft-. 17 '/&)q,es J J.lA'/,,0t:wC"4 /1'1/1./1 . fJ.ft~lIe!ZT1t:-:S IJ,;rfr, 7iJ..)4 .< &4,;:T ;Jl:(J~vc: 5/"'d, "7J'iis O;1;OOI<.T'-'-'/'7.:/ J' ......." d."1 /!'csr ON 'ft1 i"s ,(lOA) .' RAVE YOU EVER BEEN CONVICTED OF ANY FEWNY IN THIS OR ANY STATE? No RAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? !I/O WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? Mas, C/Ce'l /-1.0'/ I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification. I have been provided with. read and understand City of Sebastian Code of Ordinances Sections 2-166 through 2-173 (attached). Information relative to a specifi~ar~mmitt~is available if requested. ~~~ Applicant Signature to before me this ~day who is personally -/, by produced as identification. \wp-formlapplicat.wpd rev. 4/5/99 ~?0 Florida i{t~~ ANN v. ROUSSEAU ~;,r ti.'}1 MY COMMISSION # CC 725840 't~$' EXPIRES: March 18, 2002 'Jlf..r,i. Bonded Thru Notary Public Umferl'lllters @ OlYCf ~ .~.:- _. _. 0.; ~..- ,-' -. -' _.___.~. _u.,_ ' HOME OF PELICAN ISLAND APPLICATION TO SERVE ON CITY BOARD/COMMITTEE (All City Board and Committee Members Must be Residents of the City of Sebastian) NAME: HOME PHONE: E-MAIL: ~ BUSINESS: BUSINESS ADDRESS: BUSINESS PHONE: BUSINESS FAX: E-MAIL: -- HOW LONG? Si I" 33 .:1. 00 ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? . DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? ;v-cr-- DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDS/COMMITTEES? ND PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: CHARTER REVIEW COMMITTEE (selVes only 6 months every 7 years - meets next in 2006) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary - meets during summer) V CODE ENFORCEMENT BOARD (permanent boerd - meets once a month)* COMMUNITY REDEVELOPMENT ADVISORY COMMITTEE (permanent board-meets as needed) 2.. CONSTRUCTION BOARD (permanent board - meets once a month)* HANDICAPPED SELF-EVALUATION COMMITTEE (permanent board - meets quarterly) I ~LANNING AND ZONING COMMISSION (permanent board - meets twice a month)' POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board- meets quarterly)* PARKS & RECREATION ADVISORY COMMITTEE (permanent board - meets once a month) TREE & LANDSCAPE ADVISORY BOARD (permanent board - meets once a month) OTHER TEMPORARY COMMITTEE (if applicable) (WRITE IN COMMITTEE NAME) * Filing of financial disclosure is required following appointment @ ,",-, =. <c:.::. en ~ = > {n ~ . C) :::':J G '1 rl C) (f) ,q rr; _.: =tCJ< -<>rTJ @~c:i ;;> ~ ::n ::3 /I--> CO -L .--:J - -' I/V " HAVE YOU VER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? Aro-- HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? NO WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? ~ I hereby certify that I am qualified to hold the position tor which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification. I have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2-166 through 2-173 (attached). Information relative to a specific board or commill 's availabie if ue ted. before me this 23' rc( day of Mt<xc/-' 200'5. by who is personally known to me, or has produced as identification. Iw!)-formlapplicat.wpd rev. 1/2004 .." .', ';U""II. . ;,"~,,\\elle WU/iq/!/",," ._~..' ~'O-.........."oS' ~ :~ ..~\.",\SSJON}:":', ~ ~ . o~ 2 """A' ~ ~ ...:J...,O ~ 8..?....~.. ~ = :~t! -~~~:: -:*: ..... :*:: - . . - - '.unn ' - -;'~.. t'uu172594 :~~ :._~. - .~~ ~';~'" ~~ ..'~~ ~?P,-:"7.....~..'~~$' ~',,,"!QlIC ST~-re. ~"", """,4';.tt>>.I\U'\\\: @ William G. Nagy 1415 Tradewinds Way Sebastian, FL 32958 I ry9:z-~~ -~~ William G. Nagy Experience Education & Military Service Certifications & Memberships @ 1'10'-0 (Z..ell~.2 OC""(Z3 -zoo4-. 1993-Present CO~~lth of P~~ ~prR~ Building Construction Inspector . Inspect daily building activities under construction from foundations to Roof, to assure compliance, and monitor and approve testing of utility lines etc. 1967-1991 E.!. du Pont de Nemours & Co. Wilmington, DE Architectural En;lneering Designer . Drafted and designed ail types of structures. 1965-1967 Ailstates Design & Development Co., Inc. Trenton, NJ Architectural Designer . On contract to the DuPont Company. . Designed buildings and prepared working drawings. 1959-1965 Architectural Draftsman & Designer . Held several positions for the above years. Some positions were as a temporary contractor. 1953-1955 Delehanty Institute of Architectural Design New York, NY . 1500 Hour certificate. 1955-1959 United States Air Force Washington, DC . Four years as Draftsman and received an Honorable Discharge. I.C.B.O. (International Conference of Building Officials) . Professional member of I.C.B.O. '. Certified building inspector B.O.C.A. (Building Officials and Code Administrators International,lnc.) . MemberofB.O.C.A. . Certified building inspector . Certified building plan examiner . Certified building inspector (Southem Building Code Conference) William G. Nagy 1415 Tradewinds Way Sebastian, FL 32958 . Certified 1 & 2 family dwelling inspector . Certified 1 & 2 family dwelling plumbing inspector B.O.CA Continuing Education Seminars: . Residential plan review - 8/98 . Fire protection system - 5198 . Special and mixed uses - 5198 . Solving means of egress in commercial buildings - 5/98 . Non structural plan review - 4198 . International water pipe sizing - 618199 . International vents and venting - 6/8/99 . Overview of the 2000 Intemational Fire Code - 9/25101 . Fire protection systems - 5123/00 . Enforcement maintenance of residential and commercial structures - 3/23/00 . Overview of the 2000 Intemational Building Code - 5/17101 . Perform residential inspection tasks - 6/25/01, 6/26/01, and 6/27101 . Intemational residential mechanical inspection - 5/6/99 @ ~ --- .~ _ _ ll"7"? "::-;; ~J Ju v I /I\r..~ "6 'ov-q'\ LUy(- 'f)I\SIL G>\)~ ~~~LJwiTCJWL, '" --~ <:' O\t€Avt~ 6P- TPhr ~\)>~ rC I . L , 5' - 7-04 <:.:. ~~t'c. ~ ~.~ ~ ()'6if{ tWo _. ...... ~~~~&=- ~b>N~~ rLl,z 5"'- Ii -0 4 ~f:A-~L.. ~&:0J~~~ .68~ ~ ~ ~~.~ tz\'G- j.;\~ ..... William G. Nagy 1415'l'radeWiild; Way Seba8iian, FL 32958 @ o\l.. '" ~ ~ . p; n ~ ~ 0,;- ~ :>- ~t~ ~ l:l ~. S -~ n~ ;:; ~ \ n:>:> ~ r . ~~ ~ g. g ~ o 0 ~ ~ < ~ """; ~ - o ~ ~ ~ r~ t ~ ~ ~ M ~ UJ ~ -. u ~ r M M ::0 ~ ~ ~ i;" ~ > ~ -. ~. ~>- ~ ~" r - ~ n ~'ij r 0 (1l ::i. U1 ~ r ~ ~. e-- ~r t:nQ'\ - ~ \Q e >-:> ~ (J.J tH~ (1l \Q ~~ ~Xr 2:e-- " , s ~ ~ OJ tre-- 0; (l " ~-. " ~ ~ ~ 0 ~\71 l ~. >- ~ . ~ . U N -. ~ ~~ . ~ M ""'UJ 'ij .~ [ (l M 0 CJ ~ . t . ~ C 0 ~ ~ ~ ~ ~ ~ n ~i:i ~ r ~r .~ ~::p _ n 8 ~ 6: n 0-- ~> if. 3 -:- g ...... lil (')l't1 ~"\ () ::<l ~ S. i5' ~ ~ g <:; ~ g ::r ,,' ~ "'":< nO" o ~- f ~ f~ ~ n " ~ Cl1 ~. ...... ~O\ 2 '-0 ~ W " '-0 z...... " ' S to o-t-..:l " .., ~ ~ ~ ~ (~ ~ l~ ~ ~ ~ ~>~~r~l~ ~. r R~ ~ ~ ~ t-eo ~ ~ r 0 ~S ~.~~ t::Z ~r ~ ~~ --.> J~ ~H~ ~1;t~ ,-)0...,0 l ~ ~ 0 w~ S!.: >- ~ ~ ~ ~..~" 0 '-I "' f{J ~'. \Q r -<. M ~ . ~ ~ n ""'3 ~.~ 0 o . ~ C ~ ~~~~ Z . ~q 0 rf r ~~~ CODE ENFORCEMENT BOARD MEETS THIRD WEDNESDAY OF MONTH IF HEARING IS NEEDED - 2:00 P.M. MEMBER NAME POSITION APPOINTMENT CURRENT TERMS AND ADDRESS HISTORY STATUS COMPLETED Ed Dodd Engineer Took Neglia's Term to 906 Fleming Street Position eng ineering position expire Sebastian, FL 32958 7/28/04 8/1/2005 388-5440 Took Manual's Alternate Member Position 5/26/04 Carl Anderson Businessman Took Simmons' Term to 774 S. Easy Street Position Regular, expire Sebastian, Florida Businessman's 3/1/2006 32958 Position 2/25/04 589-4149 Subcontractor Took Ed Seeley' Term to Fred Clement Position 302 Easy Street Regular Member expire Sebastian, FL 32958 Position 9/24/2003 2/1/2006 581-0737 Realtor Took Ken Cosco's Term to Hank Buchanan Position 1101 Landsdowne Dr Regular Member expire Sebastian, FL 32958 Position 3/9/05 3/1/2008 . 388-5397 Took Schofield's Term to Alternate Member expire Position 1/14/04 4/1t:1OO6 2006 Regular Term to Eva Schofield Member Took Barczyk's expire 1106 Breezy Way #1-C Position Regular Member 3/1/2007 Sebastian, FL 32958 Position 1/14/04 2004 589-7440 Took Seeley's Term to Alternate Member expire Position 2/12/03- Because this only 4/1/:wll3 gave her two 2006 months, council voted to expire her in 2006 87 (ji) Ronald M. Van Buskirk General Reappointed Regular Tennto 252 Dock Avenue Contractor Sebastian, Florida Position Member Contractor expire 32958 Position 6/1212002 6/1/2005 589-7804 Took Peter Cavallo's Tennto Unexpired Regular Expire: Member Contractor 6/1/2002 Position 2/12/2001 . Howard Brauer Regular Took Griffin's Tennto 2058 E. Lakeview Member Unexpired Regular expire Drive Position Member Position 3/1/2006 Sebastian, FL 32958 5/25/05 589-8230 Took Dodd's Tennto Alternate Mem ber expire Position 7/28/04 6/112007 Raymond Tetro Alternate Took Buchannan's Term to 955 Dolphin Avenue position 4/27/05 expire Sebastian, FL 32958 4/1/2006 581-9106 David Johns Aiternate Took Brauer's Tennto 798 Ellingsen Avenue Unexpired Aitemate expire Sebastian, FL 32958 Member Position 6/112007 581-0528 5/25/05 BOARD RECORDING SECRETARY - Shirley Lynch 88 @ @ HOME OF PELICAN ISLAND May 16, 2005 PRESS RELEASE CODE ENFORCEMENT BOARD THE CITY OF SEBASTIAN IS SEEKING APPLICANTS TO FILL THE FOLLOWING EXPIRED POSITION ON THE CODE ENFORCEMENT BOARD: . GENERAL CONTRACTOR POSITION (IF POSSIBLE), EXPIRING 6/1/2008 ALL BOARD MEMBERS MUST BE CITY OF SEBASTIAN RESIDENTS. THIS BOARD MEETS ON THE THIRD WEDNESDAY OF EACH MONTH AT 2:00 PM IN THE COUNCIL CHAMBERS, 1225 MAIN STREET, SEBASTIAN. PLEASE NOTE THAT SHOULD COUNCIL FILL THE REGULAR MEMBER POSITION WITH AN ALTERNATE, THAT ALTERNATE POSITION MAY BE FILLED THAT MEETING DATE WITH ONE OF THE SAME APPLICANTS. APPLICATIONS ARE AVAILABLE IN THE CITY CLERK'S OFFICE, CITY HALL, 1225 MAIN STREET, SEBASTIAN, BETWEEN THE HOURS OF 8:00 AM AND 4:30 PM OR ONLINE AT WWW.CITYOFSEBASTIAN.ORG. APPLICATIONS WILL BE ACCEPTED THROUGH MAY 30, 2005. ### (JIfCf SEIi'S!!AN ~ ..C'_',,'. _:_",:',_,' .' .=_._":'.....~'<_,....'i'''\.,... HOME Of PEUCAN ISlAND CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Vacant Regular Member, Contractor Position on the Construction Board Agenda No. Os) 0 ~ r Submittal by: City Manager Department Origin: _City Clerk Purchasing/Contracting: Finance Director: ~ City Attorney: 5 City Clerk: . Date Submitted: 5/31/05 For Agenda of: 6/8/05 Exhibits: letter, code, application, board member list, ad EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY Due to Mr. Gilligan's resignation, there is a vacant unexpired position on the Construction Board. Ms. Lanning, current alternate, is interested in becoming a regular member. RECOMMENDED ACTION Submit nominations for the unexpired, regular member, contractor position which will expire 9/3012006. @ CBC lZ50ZZ5 ~ TRENDSETTERS Construction. Inc. Building A DHterence (772) 589-8229 Fax: (772) 589-9070 725 ) Commerce Center Dr. Sebastian. FL 52958 5/10/05 To the Sebastian Construction Board: At this time, I would like to submit my resignation from the board, effective 5/10/05. I will continue to serve if needed until a replacement contractor is accepted. I would like to thank the board for the opportunity to serve with them, an I would also like to thank Kathy Nappi for her support and good service to the board. Sincerely, y~~ "'.~ = => <.n () Patrick Gilligan ;Q -<: - -, c> _F' fl" ..... , C'O) ';1:) e l'-T rq -" (") (/J fT.! <ij) Pl ....::..::. :::;ro<; -<>FTl (r) 0 ~---{ r - :-':1 3-"- ;::1 :z:: ;.~', ...... t-' :n :3 ........ Cl ..J: -L @ AIUILLt VI. LVI~IKf\.LIVK;:)~ J:'age 1 01 1 Sec. 26-191. Membership; terms; filling of vacancies. (a) The city constructionboard shall be composed of seven members and, as far as practical, shall consist of two certified contractors (residential, building, general), one electrical contractor, one heating and ventilation contractor, one architect or engineer, one plumbing contractor, and one concerned citizen. The city council may also appoint one or two alternate members who shall serve as necessary to assemble a maximum of seven voting members of the board. It is preferred that the alternate members consist of one certified contractor and one concerned citizen. All members and alternate members shall be appointed by the city council, pursuant to section 2-170 of this Code. (b) To be eligible for appointment, except as otherwise provided in this section, each contractor member shall be actively engaged in construction in the city, [or] have an established business in the city limits. (c) Each member of the board shall hold a valid certificate issued by the board or the state in addition to having the qualifications required in subsection (b) of this section, excepting the one concerned citizen member. If any member of the board, at any time during his term, no longer possesses the required qualifications such member shall be automatically suspended for 30 days; then, unless qualified within 30 days, shall be replaced. (d) Of the regular members appointed to the board: (1) Two members shall be appointed for an initial term of one year; (2) Three members shall be appointed for an initial term of two years; and (3) Two members shall be appointed for an initial term of three years. Thereafter all appointments shall be made for a term of three years. All terms of office shall expire on September 30 of the last year of the term. (e) Each alternate member shall be appointed for a term of three years. (f) Any member may be reappointed, subject to the limitations set forth in subsection (d) ofthis section. (Code 1980, S 7-92(a)-(d); Ord. No. 0-91-24, SS 1, 2, 9-25-91; Ord. No. 0-97-57, S 4,9-25-97) Sec. 2-170. Qualifications. The primary consideration in appointing board and committee members shall be to provide the board or committee with the needed technical, professional, financial, business or administrative expertise. An applicant's previous term as a member or an alternate member of the board or committee on which there is a vacancy may be given special consideration. Whenever a current or former member of a board or committee is being considered for appointment or reappointment to a board, the city council shall consider the number and nature of the memoranda of conflict previously filed by such individual pursuant to ch. 112, F.S., relating to that individual's previous membership on the board or committee for which the appointment is being considered. All of the members of each board or committee shall be residents of the city. Additional qualifications may be ordained or be otherwise applicable for a particular board or committee. (Ord. No. 0-97-56, S 5,9-25-97) @) __~ u,^,ume... fJ/lr2U05 HOME OF PELICAN ISLAND APPLlCA nON TO SERVE ON CITY BOARD/COMMITTEE (All City Board and Committee Members Must be Residents of the City of Sebastian) NAME: o HOME ADDRESS: 7.s-f? CO~ De. .s oS": 7'/l/t/ HOME PHONE: E-MAIL: HOME FAX: @13~frJa .~ BUSINESS: - BUSINESS ADDRESS: BUSINESS PHONE: BUSINESS FAX: E-MAIL: HOW LONG? I Y JC. ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? Y.G S DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? IV 0 DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDS/COMMITTEES? /V () PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: CHARTER REVIEW COMMITTEE (selVes only 6 months evef)' 7 years - meets next in 2006) CITIZENS BUDGET REVIEW ADVISORY BOARD (tempor8fy - meets during summer) CODE ENFORCEMENT BOARD (permanent board - meets once a month)' COMMUNITY REDEVELOPMENT ADVISORY COMMITTEE (permanent board-meets as needed) CONSTRUCTION BOARD (permanent board - meets once a month)' HANDICAPPED SELF-EVALUATION COMMITTEE (permanent board - meets quarterly) /. PLANNING AND ZONING COMMISSION (permanent board - meets twice a month)' rc> POLICE RETIREMENT BOARD OF TRUSTEES (permanent statuiOf)' board- meets quarterly)' g PARKS & RECREATION ADVISORY COMMITTEE (permanent board - meets once a month) <.n __TEMPORARY ENVIRONMENTAL ADVISORY COMMITTEE TREE & LANDSCAPE ADVISORY BOARD (permanent board - meets onca a month) __OTHER TEMPORARY COMMiTTEE Qf applicable) (WRITE IN COMMITTEE NAME) .2 ."l * Filing of financial disclosure is required following appointment (@ :3 , --I :::D = -~ f 1 (,~,; :::0 ,'" rn , c") (f)m '! rrl- c:J< -< ):co. rr1 (j) t:J <[,\) -l ~. i:~,~ N OJ :3 ..... ..... .s: }-o. ....,;. /- APPLICABLE EDUCATION AND/OR EXPERIENCE: (a brief resume is required) 8.5 - ,tIi/J/,vE!>) ~ GN11"v€,6/C/IVG; MS - /1J4tV4-</.2.~M-vr I HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR? (J4N jee4i> ")J~/.v~r t(P<1l) CJ~A?<-JI ?-/?-l/O.M'fL. s;J4LL-r 'Fn1t7r't: ,4vJ//Ve:,S o-..v^,,~ a QC' CQ 5::"'::-1' I..LS LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: e]v/ZP'Z-ttFnTLf/ C>P~~-v.f ~>~ 7JE4UMj ~iffl -P/7PP~ T4-Xa:-s J ~/~ /JSVJE:-r, ~/:r.f/ .t.Jc<ZA-!"ES, t;AvI't:. "G;if1't<.r~/1V~ 6'~/Qovft-/D . HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? NO HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? ,vO WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? YG5 I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is causa for disqualification. I have been provided ..,,;th, read and understand City of Seb . Code of Ordinances Sections 2-166 through 2-173 (attached). Information relative to a specific board or co itt~::Z,- Applicant Signature before me this ~{),.,vL daY... of t1uAALk--, IJOOS-: by , who iS~wn to me, or has produced as identificati~ U7Scw..drV AJc/ Iwp-form\applicat.wpd rev. 1/2004 'mf~~""""~ JENNY GESSLER ! ~ Nolary Public - Slala of Florida ~' '# MyCoo1ni""",nE>pi'esJuI1D,2lI05 ~ ft. Commission #OD041212',Rfl~' @ CONSTRUCTION BOARD 3-YEAR TERMS MEETS 2ND TUESDAY EACH MONTH - 7:00 P.M. MEMBER NAME POSITION APPOINTMENT CURRENT TERMS AND ADDRESS HISTORY STATUS COMPLETED Electrical Took Schmitz' Term to Greg Conover Contractor Electrical Contractor expire 826 Floraland Position 9/30/2007 Avenue Position 8/25/04 Sebastian, FL 32958 Took Mr. Gilligan's Term to 589-9905 unexpired alternate expire member position 9/30/2004 9/10/03 Jean Carbano Regular Took Stuart Houston's Term to 433 Betty Avenue Concerned Concerned Citizen expire Sebastian, FL Citizen Regular Position 9/30/2005 32958 Position 5/26/04 581-1397 Frank A. Garland, Plumbing Reappointed 9/10/03 Term to Has served 1 Jr. Contractor full tenn 449 Ponoka Position expire Street 9/30/2006 Sebastian, FL Took Herbig's 32958 Plumbing Contractor Term to 589-3020 Regular Member expire Position 11/8/2000 9/30/2003 Michael D. Wolf Engineer or Reappointed 9/10/03 Term to 910 Majestic Ave. Architect expire Sebastian, FL 32958 Took Allocco 9/30/06 388-2223 H Unexpired Engineer Term to 388-0629 FAX Regular Member expire Position 12/11/02 9/30/2003 Took Pierre Paquette Alternate Concerned Citizen Position 3/13/2002 90 @ ~ICK (jllllgan Regular Took Ms. Fox's Term to 722 Brookedge Contractor Regular Contractor expire Terrace Sebastian, FL Position Position 9/10/03 9/30/2006 32958 Took Ed White's 388-2395 unexpired alternate Term to member position expire 3/12/03 9/30/"nnA Ken Mitchell HARV Took Nicolini's HARV Term to 1513 Ocean Cove Contractor Contractor Position expire Street 8/25/04 9/30/2007 Sebastian, FL 32958 589-3665 Jim Morris Regular Took Mr. Craw's Term to P. O. Box 780765 Member unused Regular expire Sebastian, FL Contractor Member Contractor 9/30/2006 32978 position 11/12103 589-3519 Cindy Falco- Alternate Appointed 1/12/05 Term to DiCorrado Concerned expire 1309 Louisiana Citizen 9/30/2007 Avenue Position Sebastian, FL 32958 581-9291 Kari Lanning Alternate Appointed 1/12/05 Term to 185 Midvale Contractor expire Terrace Position 9/30/2007 Sebastian, FL 32958 589-3189 BOARD SECRETARY - Kathy Nappi 91 @ PRESS RELEASE HOME OF PELICAN ISLAND May 16, 2005 CONSTRUCTION BOARD THE CITY OF SEBASTIAN IS SEEKING APPLICANTS TO FIll THE FOllOWING UNEXPIRED PosmON ON THE CONSTRUCTION BOARD: . REGULAR MEMBER, CONTRACTOR POSITION, EXPIRING 9/30/06 ALL BOARD MEMBERS MUST BE CIlY OF SEBASTIAN RESIDENTS, AND HAVE ACTIVE, REGISTERED CONTRACTOR LICENSES EXCEPT FOR THE CONCERNED cmZEN APPOINTMENTS. THIS BOARD MEETS ON THE SECOND TUESDAY OF EACH MONTH AT 7:00 PM IN THE COUNCIL CHAMBERS, 1225 MAIN STREET, SEBASTIAN. APPLICATIONS ARE AVAILABLE IN THE CITY CLERK'S OFFICE, CIlY HALL, 1225 MAIN STREET, SEBASTIAN, BETWEEN THE HOURS OF 8:00 AM AND 4:30 PM OR AT CITY'S WEBSITE (WWW.CIlYOFSEBASTIAN.ORG)ANDWIlLBEACCEPTED UNTIL May 30, 2005. Please note council may appoint an alternate member to this regular member position and applications received will then be used to fill the alternate position at the same meeting. ### @ CllYOf SEBAS~ ~.~~~ HOME Of PUlCAN ISlAND CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Contract Award for the Historical Rehabilitation of the Old Sebastian Elementary School Building Agenda No. 05. /2 7 Department Origin: Ci Mana er Finance Director: ___ G ~n. Services Adm~ tra!or:~ CIty Attorney: ~_ City Clerk: ~ ity Manager Date Submitted: May 31, 2005 For Agenda of: June 8, 2005 Exhibits: · Historic Preservation Grant Award Agreement & Amendment 2 · Historical Rehabilitation of Old Sebastian Elementary School Building Construction Services Agreement EXPENDITURE REQUIRED: $731,500 REMAINING APPROPRIATION BUDGET: $ 542,271 REQUIRED: $ 200,000 FUNDING SOURCE: DISCRETIONARY SALES TAX SUMMARY On April 26, 2000 City Council authorized the City Manager to apply for a Small Matching Grant for Historical Preservation, and on August 5, 2002, the City entered a Historic Preservation Grant Award Agreement with the State of Florida Department of Estate's Division of Historical Resources for the Historical Rehabilitation of the Old Sebastian Elementary School Building. Under this Grant, $250,000 of funding assistance is awarded to the City towards the costs associated with the cited rehabilitation and the City will contribute the balance of the funds necessary to perform the project. The project calls for major rehabilitation of the second floor with new restrooms, plumbing, electrical and HV AC as well as making the second floor ADA compliant and providing elevator access, new emergency exit stairs, and structural repairs on both levels. The old interior staircases are being restored and the first floor men's restroom and adjacent entrance way will be relocated eastward. On September 3, 2004, sealed proposals were solicited in accordance with the City's Purchasing Procedures and Grant requirements. In coordination with John Dean, the Project Architect, a list of ten local firms was developed. All ten local firms were notified of the project, and in addition, the project was advertised in the Press Journal and several Construction Publications. As a result of Hurricanes Francis and Jeaune the due date to received proposals was changed from October 6, 2004 to October 27,2004. Since only one bid was received from E & D Contracting Services, Inc. from Savannah Georgia and the proposed price of $793,000 was over the project's budgeted funds of $550,000 Staff decided to re-bid at a later date per John Dean's recommendation with the expectation that the local construction climate may normalize. John Dean, the Project Architect was requested to review the scope of the project and plans with th@ RECOMMENDED ACTION objective of lowering the project cost and to revise accordingly. On April 2005, hoping that the local contract activity had improved after six months, the project was advertised for re-bid with several changes, and in the same manner as stated above. During the bid process it became apparent that the local contractors were still extremely busy and with so much work lined up that it extends over a year for some of them. However, since the final extension of the Grant requires the City to have an executed contract in place by June 2005, we had to maintain the bid process. Again, E & D Contracting Services, Inc. submitted the only bid received on May 25, 2005. The new proposed price is $731,500 even though it is $61,500 lower than the first bid still exceeds the remaining budget by $189,229. It should be noted that Historical Renovation Work is an specialty of its own that most contractors do not have expertise in, requires special craftsmanship and consequently the number of firms that handle this type of work is limited. E & D Contracting Services, Inc. specializes in Historical Renovation Work. Two of their most recent projects are the Restoration of the Old Coast Guard Station in Glynn County, Georgia, and the Restoration of the 1890 Courthouse in Green Cove Springs, Florida Re-bidding the project will not yield lower costs in John Dean's opinion and Staff agrees with his assessment. In addition, if we do not have an executed contract in place by June 2005, the City will lose the $250,000 grant assistance for the project. The Contractor's references were investigated and checked out satisfactorily. For these reasons, Staff recommends a contract award to E & D Contracting Services, Inc. An appropriation increase of $ 200,000 (which includes a contingency of $10,771) is necessary to provide the additional project funding requirements. The additional funds come from discretionary sales tax. Move to award contract to E & D Contracting Services, Inc. in the amount of $731,500 and appropriate $200,000 from discretionary sales tax. @ mSTORlCAL REHABILITATION OF OLD SEBASTIAN ELEMENTARY SCHOOL BUILDING CONSTRUCTION SERVICES AGREEMENT THIS AGREEMENT made this _ day of , 2005, by and between the CITY OF SEBASTIAN, a municipal corporation of the State of Florida, 1225 Main Street, Sebastian, Florida, 32958, ("City") and ("Contractor"), sets forth that WHEREAS, the City desires to engage a Contractor who has special and unique competence and experience in rehabilitation of historic structures; and WHEREAS, the Contractor represents that it has such competence and experience in providing these services; and WHEREAS, the City in reliance on such representation has selected the Contractor in accordance with the requirements of law; and WHEREAS, the City and the Contractor desire to reduce to writing their understanding and agreements on such; IT IS, TIIEREFORE, AGREED as follows: 1. TERM. This Agreement shall commence on the day it is executed by both parties and the term of the Agreement shall extend until the Project is complete. 2. AGREEMENT DOCUMENTS. The Agreement Documents (also called CONTRACT DOCUMENTS) consist of this Agreement, the Request for Proposal, Construction Drawings, Technical Specifications, Work Orders, Change Orders, Addenda if any, any other documents listed in the Agreement Documents, and written modifications issued after execution of this Agreement, if any. (a) Intent. The Technical Specifications and Construction Drawings are an integmterl part of the Contract Documents and as such will not stand alone if used independently. The Technical Specifications and Construction Drawings establish minimum standards of quality for this Project They do not pwport to cover all details of performing the Work. The intent of the Agreement Documents is to set forth requirements of performance, type of equipment and structures, and standards of materials and construction. It is also intended to include all labor and materials, equipment, and transportation necessary for the proper execution 1 @ of the Work, to require new material and equipment unless otherwise indicated, and to require complete performance of the Work in spite of omission of specific reference to any minor component part and to include all items necessary for the proper execution and completion of the Work by the Contractor. Performance by the Contractor shall be required only to the extent consistent with the Agreement Documents and reasonably inferable from them as being necessary to produce the intended results. (b) Entire and Sole A2reement. Except as specifically stated herein, the Agreement Documents constitute the entire agreement between the parties and supersede all other agreements, representations, warranties, statements, promises, and understandings not specifically set forth in the Agreement Documents. Neither party has in any way relied, nor shall in any way rely, upon any oral or written agreements, representations, warranties, statements, promises or understandings not specifically set forth in the Agreement Documents. (c) Amendments. The parties may modify this Agreement at any time by written agreement. Neither the Agreement Documents nor any term thereof may be changed, waived, discharged or terminated orally, except by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought. (d) Constrnin". Terms. This Agreement shall not be construed against the party who drafted the same, as both parties have obtained experts of their choosing to review the legal and business adequacy of the same. In the event of a direct conflict within the provisions of various Agreement Documents, the Historic Preservation Grant Award Agreement Attachment A shall prevail over the Required Contract Provisions, which shall prevail over the Technical Specifications and Construction Drawings, which shall prevail over the remaining Request for Proposal terms, which shall prevail over this Agreement. 3. EMPLOYMENT OF CONTRACTOR The City hereby agrees that it may engage the Contractor and the Contrllctor hereby agrees to perform professional services for the City in the Historical Rehabilitation of Old Sebastian Elementary School Project in accordance with the Technical Specifications and Construction Drawings herein. 4. SPECIFICATIONS AND RELATED DATA. The intent of the Technical Specifications and Construction Drawings, Work Orders and other Contract Documents is that 2 @ the Contractor furnishes all labor and materials, equipment, supervIsIOn and transportation necessary for the proper execution of the Work unless specifically noted otherwise. The Contractor shall do all the work described in the Technical Specifications, Construction Drawings and other Contract Documents and all incidental work considered necessary to substantially complete the Work ready for use, occupancy, or operation in a manner acceptable to the City. Any discrepancies found between the Technical Specifications or Construction Drawings and site conditions, or any errors or omissions in the same shall be immediately reported to the City. The City shall promptly determine the validity and seriousness of the claimed condition and correct any such error or omission in writing, or otherwise direct Contractor. Any work done by the Contractor after his discovery of such discrepancies, errors or omissions shall be done at the Contractor's risk. Any correction or errors or omissions in the Technical Specifications and Construction Drawings may be made by the City when such correction is necessary for the proper fulfillment of their intention as construed by City. Where said correction of errors or omissions, except as provided in the next paragraph below, adds to the amount of work to be done by the Contractor, compensation for said additional work shall be negotiated between the parties and must be issued as a written change order before any such additional work is performed or no additional compensation shall be made. The fact that specific mention of any part of work is omitted in the Technical Specifications and Construction Drawings, whether intentionally or otherwise, when the same is usually and customarily required to complete fully such work as is specified herein, will not entitle the Contractor to consideration in the matter of any claim for extra compensation, but the said work must be installed or done the same as if called for by the Technical Specifications and Construction Drawings. All work and material usual and necessary to make the Work complete in all its parts, whether or not they are indicated or mentioned in the Technical Specifications and Construction Drawings, shall be furnished and executed the same as if they were called for by the Technical Specifications and Construction Drawings. The Contractor will not be allowed to take advantage of any errors or omissions in the Construction Drawings and Technical Specifications. The City will provide full information when errors or omissions are discovered. 3 @ 5. COMPENSATION. The City will pay the Contractor the flat amount of$ for performance of the Work hereunder. Claims. Claims arising from changes or revisions made by the Contractor at the City's request shall be presented to the City before work starts on the changes or revisions. If the Contractor deems that extra compensation is due for work not covered herein, or in Supplemental Agreement, the Contractor shall notilY the City in writing of its intention to make claim for extra compensation before work begins on which the claim is based. If such notification is not given and the City is not afforded by the Contractor a method acceptable to the City for keeping strict account of actual cost, then the Contractor hereby waives its request for such extra compensation. The City is not obligated to pay the Contractor if the City is not notified as described above. The Contractor may refuse to perform additional work requested by the City until an appropriate agreement is executed by the parties. Such notice by the Contractor and the fact that the City has kept account of the costs as aforesaid shall not in any way be construed as proving the validity of the claim. 6. RELEASES. When it is detennined, as a result of a joint inspection of the Work by the Contractor, City, and Project Manager that the Work has been completed in accordance with the terms of the Contract Documents, the Project Manager shall certiJY completion of the Work to the City. At that time, the Contractor may submit the Contractor's final request for payment. Prior to final payment, the Contractor shall execute and deliver to the City a Contractor's Affidavit and Release of Claim for all claims against the City arising under or by virtue of the work order. Also, each request for payment must have a Claimant's Sworn Statement of Account, executed by the supplier or subcontractor, attached from each supplier or subcontractor who has notified the City of his right to file a Claim (Notice to City) or who is listed in the Contractor's Affidavit and Release of Claim as an unpaid potential Claimant. 7. PROJECT SCHEDULES The Contractor shall perform the services outlined under Paragraph 3 of this Agreement in a timely manner that will achieve satisfuctory completion of the Project ready for use within 180 days. No extension of time shall be valid unless given in writing by the City. No monetary compensation shall be given for such delay. A delay beyond the Contractor's control occasioned by an "Act of God" may entitle the 4 @ Contractor to an extension of time in which to complete the Work as determined by the City provided, however, the Contractor shall immediately give written notice to the City of the cause of such delay. "Rain day" extensions shall be granted upon written request of the Contractor to the City's Project Manager when said Project Manager determines that weather conditions make it counterproductive to work on said days. "Rain day" requests must be submitted at the end of each work week or be waived, and the cumulative "rain day" extensions granted shall be processed as a Change Order with each pay submittal. Time extensions shall be the exclusive remedy for any claimed damages originating from weather delays. The City shall have the authority to suspend the Work wholly or in part, for such periods as may be deemed necessary and for whatever cause, by serving written notice of suspension to the Contractor. In the event that the Project Manager shall become aware of any condition which may be cause for suspension of the Work, the Project Manager shall immediately advise the City of such condition. The Contractor shall not suspend operations under the provisions of this Paragraph without the City's permission. In the event that the City suspends the Work, the Contractor shall be granted an extension of time to complete the Work for as many calendar days as the Work was suspended; except, however, that the Contractor will not be granted an extension of time to complete the Work if the suspension was caused by a fault ofthe Contractor. 8. TERMlNATION OF CON1RACT WITHOUT CAUSE. This Agreement may be terminated by the City without cause provided at least five (5) days written notice of such termination shall be given to the Contractor. In the event the City without cause abandons, terminates or suspends this Agreement for greater than thirty days, the Contractor shall be compensated for services rendered up to the time of such termination on a quantum meruit basis and any work done by the Contractor shall remain the property of the City. 9. CITY'S PROJECT MANAGER City shall designate a Project Manager. All work done shall be subject to the review of the Project Manager and City. Any and all technical questions which may arise as to the quality and acceptability of materials furnished, work performed, or work to be performed, interpretation of Specifications and all technical questions as to the acceptable fulfillment of the Contract on the part of the Contractor, shall be referred to the Project Manager, who will resolve such questions. 5 @ All materials and each part of the Work shall be subject at all times to construction review by the Project Manager and the City. Such construction review may include shop inspection, and any material furnished under the Specifications is subject to such inspection. The Project Manager and the City shall be allowed access to all parts of the Work and shall be furnished with such information and assistance by the Contractor as is required to make a complete and detailed review. The City shall not be responsible for the acts or omissions of the Contractor. 10. CONTRACTOR'S DUTY. Contractor shall supervise and direct the Work, using Contractor's best skill and attention. Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under this Contract, unless the Contract Documents give other specific instructions concerning these matters. Unless otherwise provided in the Contract Documents, Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, utilities, transportation, and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. Unless otherwise provided in the Contract Documents, Contractor shall pay all sales, use and other similar taxes. Contractor currently holds and shall maintain at all times during the term of this Contract all required federal, state and local licenses necessary to perform the Work required under the Contract Documents. 11. PERSONNEL. The Contractor represents that it will secure at its own expense all personnel and sub-Contractors required for services which are necessary to complete the Work, and all persons engaged in work under the Agreement shall be qualified to perform such services and authorized under federal, state and local laws to perform such services. Personnel who perform services under this Agreement shall not be employees of the City. All workmen must have sufficient knowledge, skill and experience to perform properly the work assigned to them. Any foreman or workman employed by the Contractor or subcontractors who, in the opinion of the City, does not perform his work in a skillful manner, or appears to be incompetent or to act in a disorderly or intemperate manner shall, at the written request of the 6 @ any other cause whatsoever, whether arising from the execution or from the non-execution of the Work. The Contractor shall rebuild, repair, restore and make good, without additional compensation, all injury or damage to any portion of the Work occasioned by any cause, other than the sole and active negligence of the City, before its completion and acceptance. Materials and equipment shall be stored so as to incur the preservation of their quality and fitness for the Work. When considered necessary, they shall be placed on wooden platforms or other hard clean surfaces, and not on the ground, and/or they shall be placed under cover. Stored materials and equipment shall be located so as to facilitate prompt inspection. 14. CLEANlNG UP. The Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by his employees or work. At the completion of the Work, he shall remove all his rubbish, tools, scaffolding and surplus materials and shall leave his work "broom clean" or its equivalent, unless more exactly specified, and shall insure that all debris and other unsightly objects are removed and disposed of in a satisfactory manner. At no additional expense to the City, the Contractor will restore to their original conditions or better, as nearly as practicable, those portions of the site not designated for alteration and all such property, structure, utilities, landscaping, etc., disturbed or damaged during the prosecution of the Work. Final payment will be withheld until such clean up and repairs are completed The Work will be considered complete only after all debris and unused material due to or connected with the Work have been removed and the surrounding area left in a condition satisfactory to the City. In the event the City finds that the Contractor has not complied in keeping the job site clean, the City may, after twenty-four (24) hours written notice to the Contractor to correct the situation, elect to have the job site cleaned by an independent labor force. The cost of cleaning by said independent labor force shall be deducted from moneys due the Contractor. 15. SUBCONTRACTS AND ASSIGNABILITY. The Contractor shall not assign any interest in the work orders or this Agreement and shall not transfer any interest in the same without the prior written consent of the City. Any sub-contracts or other work which is performed by persons or firms other than the Contractor under this Agreement or any work orders shall have prior written approval of the City Manager. Any subcontracts or outside 8 @ associates or Contractors required by the Contractor in connection with services covered by this Agreement or any work orders must be specifically approved by the City Manager. 16. lNDEMNIFICATION. The Contractor shall indemnif'y and save harmless the City, its agents, subcontractors, servants, and employees from and against claims, liability, losses, or causes of action to the extent arising from any misconduct, negligent act, or omission of the Contractor, its agents, servants or employees in the performance of services under this contract. 17. INTERESTS OF CITY OFFICIALS. No officers, members or employees of the City and no members of its governing body, and no other public official of the governing body of the locality or localities in which services for the facilities are situated or carried out, who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this project, shall participate in any decision relating to this Agreement which affects his personal interest, or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof 18. CERTIFICATION OF RESTRICTIONS ON LOBBYING. The Contractor agrees that no Federal appropriated funds have been paid or will be paid by or on behalf of the Contractor to any person fur influencing or attempting to influence any officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any Federal loan, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment or modification of any Federal contract, Grant, loan or cooperative agreement. If any funds other than Federal appropriated funds have been paid by the Contractor to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress or an employee ofa member of Congress in connection with any FDOT Joint Participation Agreement, the undersigned shall complete and submit Standard Form-LLL "Disclosure Form to Report Lobbying" in accordance with its instructions. 19. CONFLICT OF INTEREST. The Contractor covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which shall conflict in any manner or 9 @ degree with the performance of services required to be performed under this Agreement. The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed. The Contractor shall not undertake or continue any professional work or associations which conflicts with his duties as the City's Contractor or its fiduciary duties to the City without the prior written consent of the City during the term of this Agreement. Any work where the Contractor can reasonably anticipate that it may be called to testify as a witness against the City in any litigation or administrative proceeding will constitute a conflict of interest under this Agreement. 20. COMPLIANCE WITH LAW. The Contractor expressly agrees to comply with all known laws and regulations relating to providing services under this Agreement. The failure of the Contractor to adhere to any known law or regulation pertaining to furnishing services under this Agreement shall constitute a material breach of this Agreement. 21. WAIVER. The waiver by the City of any of the Contractor's obligations or duties under this Agreement shall not constitute a waiver of any other obligation or duty of the Contractor under this Agreement. 22. PUBLIC ENTITY CRIME The Contractor shall file a sworn statement with the City which is Attachment I, stating whether a person or affiliate as defined in Section 287.133 (1), Florida Statutes, has been convicted of a public entity crime subsequent to July 1, 1989, in accordance with the provisions of Section 287.133 of the Florida Statutes. 23. COVENANT AGAINST CONTINGENT FEES. The Contractor warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor to solicit or secure this Agreement and that he has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Contractor any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this paragraph, the City shall have the right to terminate the Agreement without liability and, at its discretion, deduct from the Agreement price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. 24. BOND. The Contractor shall provide Bonds in the form prescribed by State Law, 10 @ and generally as shown in these Documents, for Performance and Payment, each in the amount of 100% of the total contract amount. 25. DRUG-FREE WORKPLACE. The contract documents also consist of the "Drug-Free Workplace Form" which is in accordance with Florida Statute 287.089 and must be signed. 27. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Florida and venue for any action pursuant to the Agreement Documents shall be in Indian River County, Florida. The parties hereto expressly waive triaJ by jury in any action to enforce or otherwise resolve any dispute arising hereunder.. 28. CONSTRUING PROVISIONS. This Agreement shall not be construed against the party who drafted the same, as both parties have obtained experts of their choosing to review the legal and business adequacy of the same. 29. INSURANCE. The Contractor agrees to carry insurance, of the types and subject to the limits as set forth in the Request for Proposal package and maintain said insurance during the life of this agreement. Further, Contractor shall maintain such insurance as is reasonably required to satisfY its obligations for the Work paid for by the City but not yet accepted. The insurance company selected shall be A+ or better per the Best's Key Rating Guide. The Contractor and the insurance company(s) shall agree to furnish the City thirty (30) days written notice of their intent to cancel or terminate said insurance. It is the full responsibility of the contractor to insure that all sub-contractors have full insurance coverage as stated above. The Contractor shall not commence the Work until he has obtained all the insurance required under this paragraph and certificates of such insurance have been submitted to the City, nor shall the Contractor allow any subcontractor to commence work on his subcontract until all insurance required has been so obtained and approved by the City. The Contractor shall carry and maintain until acceptance of the Work, insurance as specified herein and in such form as shall protect him and any subcontractor performing work under this Contract, or the City, from all claims and liability for damages for bodily injury, including accidental death, under this Contract, whether by himself or any subcontractor or by anyone directly or indirectly employed by either. The Contractor shall furnish to the City certificates of insurance in duplicate showing 11 @ proof of insurance, naming the City as an additional insured party, prior to the start of construction as provided in the Contract. 30. GUARANTEE. The Contractor shall warrant all equipment furnished and work performed by him for a period of two (2) years from the date of final written acceptance of the Work by City. All equipment and material warranties or guarantees shall be drawn in favor of the City and the originals thereof furnished to the City for review and acceptance prior to final payment. Such guarantee shall in no way limit or relieve the Contractor of liability from subsequent claims of beach of contract due to substandard materials or workmanship, nor shall such warranty period shorten the statute of limitations for bringing a breach of contract or other action based upon any such deficiencies. Any materials, equipment or work which do not satisfactorily meet the Specifications may be condemned by the City by giving a written notice to the Contractor. All condemned materials, equipment or work shall be promptly taken out and replaced. Any defective work whether the result of poor workmanship, use of defective materials, damaged through carelessness or from other cause shall be removed within ten (10) days after written notice is given by the City,. and the work shall be re-executed by the Contractor. The fact that the City may have previously overlooked such defective work shall not constitute an acceptance of any part of it. Should the Contractor fail to remove rejected work or materials within ten (10) days after written notice to do so, the City may remove them and may store the materials and equipment. The making of the final payment by the City to the Contractor shall not relieve the Contractor of responsibility for faulty materials or workmanship. The City shall promptly give notice of faulty materials and workmanship and the Contractor shall promptly replace any such defects discovered within two (2) years from the date offina1 written acceptance ofthe Work by the City. 12 @ ATTEST (SEAL): THE CITY OF SEBASTIAN IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. Sally A. Maio, CMC City Clerk By: Terrence R. Moore, City Manager Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney Signed, sealed and delivered in the presence of: CONTRACTOR: Name: By: Name: Name: Title: 13 @) DRUG-FREE WORKPLACE FORM The undersigned Contractor, in accordance with Florida Statute 287.087 hereby certifies that does: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifYing the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services a copy of the statement specified in Paragraph I. 4. In the statement specified in Paragraph 1, notify the employees that, as a condition of working on the commodities or contractual services that the employee will abide by the terms of the statement and will notifY the employer of any conviction of, or plea of guilty or nolo contendere to any violation of Chapter 1893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of Paragraph I through 5. As the person authorized to sign this statement, I certify that this firm complies fully with the above requirements. \.. Date: Contractor 14 @ PUBLIC ENTITY CRIMES Any person submitting a quote, bid, or proposal in response to this invitation or a contract, must execute the enclosed form PUR. 7069, sworn statement under section 287. 133 (3)(a), FLORIDA STATUTES. ON PUBLIC ENTITY CRIMES, including proper check( s), in the space( s) provided, and enclose it with his quote, bid, or proposal. If you are submitting a quote, bid or proposal on behalf of dealers or suppliers who will ship commodities and receive payment from the resulting contract, it is your responsibility to see that copy(ies) of the form are executed by them and are included with your quote, bid, or proposal. Corrections to the form will not be allowed after the quote, bid, or proposal opening time and date. Failure to complete this form in every detail and submit it with your quote, bid, or proposal may result in immediate disqualification of your bid or proposal. The 1989 Florida Legislature passed Senate Bill 458 creating Sections 287.132 _ 133, Florida Statutes, effective July 1, 1989. Section 287. 132(3)(d), Florida Statutes, requires the Florida Department of General Services to maintain and make available to other political entities a "convicted vendor" list consisting of persons and affiliates who are disqualified from public contracting and purchasing process because they have been found guilty of a public entity crime. A public entity crime is described by Section 287.133, Florida Statutes, as a violation of any State or Federal law by a person with respect to and directly related to the transaction of business with any public entity in Florida or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or with an agency or political subdivision and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. By law no public entity shall accept any bid from, award any contract to, or transact any business in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two (currently $10,000) with any person or affiliate on the convicted vendor list for a period of 36 months from the date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed from the list pursuant to Section 287. 133(3)(f), Florida Statutes. Therefore, effective October 1, 1990, prior to entering into a contract (formal contract or purchase order) in excess of the threshold amount of $10,000 to provide goods or services to THE CITY OF SEBASTIAN, a person shall file a sworn statement with the contracting officer or Purchasing Director, as applicable. The attached statement or affidavit will be the form to be utilized and must be properly signed in the presence of a notary public or other officer authorized to administer oaths and properly executed. THE INCLUSION OF mE SWORN STATEMENT OR AFFIDAVIT SHALL BE SUBMITTED CONCURRENTLY WITH YOUR OUOTE OR BID DOCUMENTS. NON- INCLUSION OF THIS DOCUMENT MAY NECESSITATE REJECTION OF YOUR OUOTE OR BID. 15 @ SWORN STATEMENT UNDER SECTION 287. 133 (3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORlZED TO ADMINISTER OATHS. 1. This sworn statement is submitted with the Historical Rehabilitation of Old Sebastian ElementaIy School Project Construction Contract for THE CITY OF SEBASTIAN. 2. This sworn statement is submitted by address is Identification (FEIN) is ., whose business and (if applicable) its Federal Employer 3. My name is (please print name of individual signing) and my relationship to the entity named above is 4. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or ofthe United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. I understand that "convicted" or "conviction" as defined in Paragraph 287. 133(1)(b ), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 6. I understand that an "affiliate" as defined in Paragraph 287.133(1 )(a), Florida Statutes, means: (I) A predecessor or successor of a person convicted of a public entity crime; or (2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, 16 @ shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (please indicate which statement applies. ) _ Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July I, 1989. _ The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND (please indicate which additional statement applies.) _ There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (please attach a copy of the final order.) - The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (please attach a copy of the final order.) _ The person or affiliate has not been placed on the convicted vendor list. (please describe any action taken by or pending with the Department of General Services.) (Signature) Date: 17 @ STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of 2005 by , (title) on behalf of . He/she is personally known to me or has produced as identification and did ( ) did not ( ) take an oath. (Notary Signature) Name: My Commission Expires: Commission Number: 18 @ @ Historic Preservation Grant Award Agreement Special Category Grants Grant No. SC356 COfP>Y This AGREEMENT is between the State of Florida, Department of State, Division of Historical Resources, hereinafter referred to as the Department, and the City of Sebastian, a monicipal corporation existing under the laws of the State of Florida, hereinafter referred to as the Grant~ relative to the Sebastian Elementary School, hereinafter referred to as the Project, and is entered into this ~ay of a yr'~./:- . 200~ The Department is responsible for the administration of grant-in-aid assistance for historic preservation purposes under the provisions of Section 267.0617, Florida Statntes. The Grantee has applied for grant-in-aid assistance for the Project. The application, incorporated by reference, has been reviewed and epproved in accordance with Chapter . IA-3S, Florida Administrative Code, which regulates Historic Preservation Grants-in-Aid. Subject to the limitations set forth in this Agreement, grant-in-aid funds in the amount of$250,000.00 (two hundred fifty thousand dollars) have been reserved for the Project by the Department The Department and the Graniee agree as follows: 1. Scope of Work The Project shall include the following authorized project worle Rehabilitation of the building for continued City Hall and public use to include: a. Structural repairs; b. Selective demolition; c. Installation of HV AC, electrical, fire alarm, and plumbing systems; d. Installation of accessibility ramp and elevator; e.Restoration of historic stairs, trim, doors, and hardware; f. l'.nstallation of attic insulation; g. Interior painting; h. Installation of two lire stairs and exit doors at the rear of tbe building; i.Modifications to create three accessible restrooms; and j. Restoration of of interior plaster finishes and wood flooring on the second lIoor and first floor corridors. 2. Grant Period The grant period is effective on the date of the final signing of the Grant A ward Agreement by all parties and enda au June 30, 2004. All grant funds must be expended or be encumbered under the terms ofa binding contractual agreement by the Agreement ending date. 1 ~ . ,/;~/ ~... a. Disbursement of Funds Grant funds =y be paid in four installments. Grantees shall submit the four signed Requests for AdvancedPaymentforms with this signed Grant Award Agreement to initiate the grant The frrst in.stallment =y be requested by the DepartmeD.t upon full execution of the Grant Award Agreement, and for those projects requiring Restrictive Covenants, submission ofa complete copy of the Restrictive Covenants showing that it has been recorded by the appropriate Clerk of the Circuit Court. The second payment may be requested after the beginning of the second state fiscal quarter. The third payment may be requested after the beginning of the third state fiscal quarter and receipt of the project progress and expenditure report for the Project's first reporting period The final payment of grant funds may be requested when the. Grantee demonstrates that the funds have been encumbered under the terms of binding contractual agreement or agreements, review and approval of project plans and specifications by the Department, and confinnation of the Grantee's local cost share. However, this payment schedule shall be subject to the timely filing of required reports and to any special conditions required by the Office of the Comptroller of the State of Florida. . . b. The Grantee shall temporarily invest SUlplus grant funds in an interest bearing account, and interest earned on such investments shall be returned to the Department quarterly. 4. Accounting Requirements The Grantee shall maintain an accounting system which provides for a complete record of the use of all grant funds. This accounting system shall provide for: a. Accurate, current, and complete disclosure of the status of all grant funds. b. Records that identify adequately the application offunds for all activities related to the grant. In the absence of a proper accounting system with amountE detailing the application of funds, a separate checking account, containing only grant funds or specifically designated for grant funds, =y be used. c. Effective control over and accountability for all funds, property, and other assets. d Accounting records that are supported by source documentation (i.e., invoices, bilIs, cancelled checks) and are sufficiently detailed to allow for a proper preaudit and postaudit 5. Retention of Accounting Records a. Financial records, supporting documents, statistical records, and all other records including electronic storage media pertinent to the Project shall be retained for a period offive years after the end of the grant period IT any litigation or .audit is initiated, or claim made, before the expiration of the five year period, the records shall be retained until the litigation, audit, or claim has been resolved. b. The Grantee shall make all grant records of expenditures, copies of reports, books, and related documentation including electronic storage media available to the Department or a duly authorized representative of the State of Florida for inspection at a reasonable time for the purpose of conducting audits, examinations, excerpts and transcripts. 6. Expenditures a. All expenditures must be directly related to the purpose of this grant and must be easily identified as such. b. Project costE may not include any expenditure or cost not directly related to the purpose of this grant as set forth in the scope of work. c. No expenditures shall be made from these grant funds for any costs incurred prior to the date of this Agreement unless authorized by the Department in writing prior to the expenditure. These grant funds will not be used for lobbying the Legislature, the judicial branch or any state agency. 2 @ , e. The Department shall not be liable to pay attorney fees, interes~ late charges and service fees, or cost of collection related to the Grant f. The Grantee shall not charge the Department for any travel expense without the Departments prior written approval. Upon obtaining written approval, the Grantee shall be authorized to incur travel expenses to be reimbursed in accordance with 1heprovisions of Section 112.061, Florida Statutes. 7. Restrictive Covenants With 1he exception of those properties owned by the State of Florida or the United States Federal GOYernn:ien~ as a condition for receiving grant funds, 1he Grantee shall have fully executed and duly recorded in 1he county in which the property is located, the enclosed Restrictive Covenants agreeing to the continued maintenance, repair and administration of the property receiving grant assistance in a manner satisfactory to the Depa.:Ctment for a period often years from the date of recordation by the appropriate Clerk of the Circuit Court. 8. Standards The Grantee shall carry out all project work in compliance with the Secretary of the Interior's Standards for Rehabilitation or the Secretary of the Interior's Standards for Archaeological Documentation, which are incorporated by reference. 9. Review Pursuant to Section 267.06l(3)(i), Florida Statutes, the Grantee shall provide the Department an opportunity to review and approve architectural documents for the project at the following points in their development: a. upon completion of schematic desigu;. b. upon completion of design development and outline specifications; and c. upon completion of working drawings and specifications, prior to execution of the construction contract 10. Procurement Documentation The Grantee shall submit complete bid documents and a copy of the final contract for construction work to the Department for review and approval prior to final execution by the Grantee. 11. Progress and Expenditure Reports The Grantee shall submit to the Department a completed "Progress and Expenditure Report" form for every reporting period of the grant period. PrOgress and Expenditure Reports shall be received by the Department within 30 days of the ending of a reporting period. . Within 30 days of completion of project work, the Grantee shall subrnitthe completed "Final Progress and Expenditure Report" form to the Department. 3 @ 12. Notices, Schedules and Sponsorships All publications, media productions, aud exlnbit graphics shall include the following statement in the same size, type style, and location as the organization name: "Sponsored in part by the State of Florida, Department of State, ])ivision of Historical Resources, assisted by the Florida Historical Commission. J, All projects shall display a project identification sign in a prominent location at the Project site while work is in progress. The sign must be a minimum of eight square feet in area, be constructed of plywood or other durable material, and shall contain the following acknowledgment of grant assistance: "This project has been financed in part with historic preservation grant assistance provided by the State of Florida, Florida ])epartment of State, ])ivision of Historical Resources, assisted by the Florida Historical Commission. II Any variation in the above epecifications must receive prior approval by the Department. The cost of preparation and erection of the project identification sign are allowable project costs. Routine maintenance costs of project signs are not allowable project costs. . 13. Liability a. The Department shall not assume any liability for the acts, omissions to act or negligence of the Grantee, its agents, servants or employees; nor shall the Grantee exclude liability for its own acts, omissions to act, or negligence to the Department. The Grantee hereby agrees to be reeponsible for any injury or property damage resulting from any activities conducted by the Grantee, its agents, servants or employees. b, The Grantee, other than a grantee which is the State or agency or subdivision of the State, agrees to indemnify and hold the Department harmless from and against any and all claims or demands for damages resulting from personal injury, including death or damage to property, arising out of any activities under this Agreement and shall investigate all claims at its own expense. c. The Grantee shall be reepODSlble for all work performed and all expenses incurred in connection with the project. The Grantee may subcontract as necessary to perform the services set forth in this Agreement, including entering into subcontracts with vendors for services and co=odities, provided that it is under- stood by the Grantee that the Department shall not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. 14. Non-Discrimination The Grantee will not discriminate against any employee employed in the performance of this Agreement, or against any applicant for employment because of race, religion, color, handicap, national origin, age, gender or marital status. The Grantee shall insert a similar provision in all subcontracts for services by this Agreement. 15. Public Access The Department shall1lIliliitera1ly cancel this Agreement in the event that the Grantee refuses to allow public access to all documents or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Grantee in conjunction with the Agreement. @ 4 16. Termination of Agreement The Department shall have the authority to cancel this Agreement because of failure of the Grantee to fulfill its obligations under this Agreement or any other past or present grant award agreement with this Division or any other Division within the Department of State. Satisfaction of obligations by the Grantee shall be detennined by the Department. The Department shall provide the Grantee a written notice of default letter. The Grantee shall have 15 calendar days to cure the default, unless it is determined by the Department that the default is of a natore that cannot be cured. If the default is not cured by the Grantee within the stated period, the Department shall tenninate this Agreement. Notice shall be sufficient if it is delivered to the party personally or mailed to its specified address. In the event of termination of this Agreement, the Grantee will be compensated for any work completed in accordaoce with this Agreement prior to notification of termination. If the Grantee violates any of the provisions of this Agreement, the Department shall have the right to demand the return of moneys delivered and withhold subsequent payments due under this or other grants. lfnotice of termination is given, the Department shall not be liable for services rendered, expenses incurred or goods delivered after receipt of the notification of termination. 17. Availability of Funds The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislatore. In the event iliat the state funds on which this Agreement is dependent are. withdrawn, this Agreement is terminated and the Department has no further liability to the Grantee beyond that already incurred by the termination date. In the event of a state revenue shortfall, the total grant shall be reduced in proportion to the revenue shortfall. 18. Audit a. Each grantee, other than a grantee which is a State agency, shall submit to an audit or submit an attestation statement pursuant to Section 216.349, Florida Statutes. b. All audits or attestations as described above shall be submitted within six months of the close of the Grantee's fiscal year, or within six months of the ending of the Grant Period All audits or attestations must cover each of the Grantee's fiscal years for which grant funda were received or expended under this Agreement. 19. Local Cost Share The Grantee shall expend $138,952.00 (one hundred thirty-eight thousand nine hundred fifty-two dollars) in Local Cost Share funds for the Project. The Grantee shall substimtially justify to the Department all expenditores related to the Local Cost Share. Any portion of the Local Cost Share not substantially justified will be reduced from the total amount of the grant 20. Independent Capacity of Grantee a. The Grantee, ifnot a State agency, agrees thet its officm, agents and employees, in performance of this Agreement shall act in the capacity o~ an independent contractor and not as an officer, agent or employee of the State of Florida. The Grantee, if not a State agency, is not entitled to accrue any benefits and any other rights or privileges connected with employment in the State Career Service. The Grantee agrees to take such steps as may be necessary to ensure that each subcontractor of the Grantee will be deemed to be an independent contractor and will not be considered or permitted to be an officer, agent or employee of the State. b. Grant funds cannot be used to pay for the services of a State employee for time for which the employee is being paid by the State. 5 8 " Conflict of Interest The grantee shall comply with the laws of the State of Florida governing conflict of interest and standards of ethical conduct, including Chapter 112, Part ill, Florida Statutes. In addition, no grantee official, employee, or consultant who is authorized in his or her official capacity to negotiate, make, accept, approve, or take part in decisions regarding a contract, suhcontract, or other agreement in connection with a grant aasisted project shall take part in any decision relating to such contract, subcontract or other agreement in which he or she has any financial or other interest, or in which his or her spouse, minor child, or partner, or any organization in which he or she is serving as an officer, director, trustee, partner, or employee of which he or she has or is negotiating any arrangement conccruing employment has such interest 22. Governing Law a. This Agreement is executed and entered into in the State of Florida, and shall be construed, performed, and enforced in all respects in accordance with the laws and rules of the State of Florida. Each party shall perform its obligations hereunder in accordance with the terms and conditions of this Agreement. b. If any term or provision of this Agreement is found to be illegal and unenforceable, the remainder of this Agreement shall remain in full force and effect and such term or provision shall be deemed stricken. 23. Preservation of Remedies No delay or omission to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Agreement, shaI1 impair any such right, power or remedy of either party; nor shan such delay or omission be construed as a waiver of any such breach or default, or any similar breach or default. 24. Non-Assignment The Grantee shan not assign, sublicense or otherwise .transfer it rights, duties or obligations under this A;greement without prior written consent of the Department which consent shall not be unreasonably withheld. The Agreement transferee must also demonstrate compliance with Chapter IA-35, Florida Administrative Code. If the Department approves a transfer of the Grantee's obligations, the Grantee remains responsible for all work performed and all expenses incurred in connection with the Agreement In the event the Legislatore transfers the rights, duties and obligations of the Departroent to another government entity pursuant to Section 20.06, Florida Statutes, or otherwise, the rights, duties and obligations under this Agreement shall also be transferred to the successor.government entity as if it were an original party to the Agreement. 25. Binding of Successors This Agreement shall bind the successors, assigns and legal representatives of the Grantee and of any legal entity that succeeds to the obligations of the Department 26. Notification Unless there is a change of address, any notice required by this Agreement shall be delivered to the Bureau of Historic Preservation, Division of Historical Resources, Florida Department of State, R. A. Gray Building, 500 South Bronaugh Street, Tallahassee, Florida 32399-0250 for the Department, and to City of Sebastian, 1225 Main Street, Sebastian, FL, 32958, for the Grantee. Unless the Grantee has notified the Department in writing by return receipt mail of any change of address, all notices shall be deemed delivered if sent to the above address. 27. Sovereign Immunity Neither the State nor any agency or subdivision of the State waives any defense of sovereign immnnity, or increases the limits of its liability, upon entering into this contractual telationship. 28. Strict Compliance with Laws The Grantee agrees that all acts to be performed by it in connection with this Agree=t sball be performed in strict conformity with all applicable laws and regulations of the State o[Florida, . 6 6D !!dRoyalties ''(lm; films, or similar materials are developed, directly or indirectly, from a program, project or ed by grant funds, any copyright resulting therefrom shall be held by the Florida Department "Vision of Historical Resources. The author may arrange for copyright of such materials only after oznthe Department. Any copyright arranged for by the author shall include aClmowledgroent of . tance. As a condition of grant aasistance, the grantee agrees to, and awards to the Department and, :~ble, to the Federal Gov=nent, and to its officers, agents, and employees acting within the scope of incial duties, a royalty-free, uonexclusive, and irrevocable license throughout the world for official 'oses, to publish, translate, reproduce, and use all subject data or copyrightable material based on such data by the copyright. ' Entire Agreement This instrument embodies the whole Agreement of the parties. There are no provisions, terms, conditions, or obligations other than those contained herein; and this Agreement ,hall supersede all previous communications, representations or agreements, either verbal or written, between the parties. No amendment or extension of this Agreement shall be effective unless in writing and properly executed by the parties. 7 @ "itten approvals referenced in this Agreement must be obtained from the parties' grant administrators or their .-signees. The Department and the Grantee have read this Agreement and have affixed their signatures: DEPARTMENT OF STATE CITY OF SEBASTIAN Si of Authorized Official Terrence R. M:lore City Manager Typed Name and Title of Authorized Official J 8 @ Grant No. SC356 mSTORIC PRESERVATION GRANT A WARD AGREEMENT AMENDMENT NUMBER TWO This AMENDMENT to the Agreement dated August 5, 2002, hereinafter referred to as the Agreement, between the State of Florida, Department of State, Division of Historical Resources, hereinafter referred to as the Department, and the City of Sebastian, hereinafter referred to as the Grantee, relative to the Sebastian Elementary School Project, hereinafter referred to as the Project, shall be effective when properly executed by the parties thereto, and shall be made a part of the original Agreement. . , The Grantee has requested revision to the Grant Period ending date as described in Amendment One to the original Agreement. The requested revision has been reviewed by the Department and found to be in accordance with current regulations. The Agreement is amended as follows: 1. The Grant Period ending date as described in Amendment One is hereby changed from December 31, 2004 to June 30, 2005. All other terms, conditions and provisions of the Agreement remain in full force and effect. This Amendment is entered into and executed on "]Xc ..e.rnl:Je J(" { e ' 2004. DEPARTMENT OF STATE ~ n. ..:Q. r. G...O. FREDERICK P. GASKE AetiHg Director, Division of Historical Resources Terrence R. M:lore, City Manager Typed Name and Title of Authorized Official @ mYCI ~~~ HOME OJ PEU~ lSIAN\) CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Payment for additional services Agenda No. n5. I 28' John Dean, Architect, pertaining to the historic rehabilitation of the Old Elementary Department Origin: Gen. Services Admin. School. ~. General Services Administrator: p. A dL . Finance Director:~~~ City Attorney: _ ~K City Clerk: .ANC..- Date Submitted: May 31, 2005 For Agenda of: June 8, 2005 EXHIBITS: Cover Sheet & Chan e Order Form EXPENDITURE REQUIRED: AMOUNT BUDGETED: $550,000 APPROPRIATION REQUIRED: None $4,900 SUMMARY John H. Dean Architect & Associates, has provided architectural services for plans, drawings, engineering, project scope and technical specifications for the historic rehabilitation ofthe Old Sebastian Elementary School, partially funded for by a Grant. Using the technical specifications, plans & drawings provided by John Dean, bids were solicited. Only one bid was received which came in way over budget. John Dean was contacted to revise the scope of work, and related plans so that the project could be re-bid with the expectation of receiving a lower bid. The cost for these additional services was authorized by City Manager, Terrence Moore, as time was of tbe essence. In order for Grant participation to take place we needed to re-bid the project, and a contract needs to be fully executed prior to June 30, 2005. Just to interject a special note here - the two hurricanes we experienced last year have played a significant role in bigher construction costs tban expected, finding a firm willing to bid on tbis kind of work, timing issues, and related increased costs in Arcbitectural fees to aceommodate same. The additional arcbitectural services have been rendered by Mr. Dean, and in keeping with tbe City's Purchasing Policy (seeking City Council autborization), tbis is an "after the fact" autborization to make payment to Mr. Dean's firm for services rendered. RECOMMENDED ACTION Move to autborize payment to John H. Dean, Arcbitect & Associates in tbe amount of $4,900 for additional services rendered in accordance witb tbe attacbed Change Order. @ FROM : JCI-IN H. DEAN ARCH I TEeT FAX NO. : 7725593939 May. 25 2005 09: 13AM P3 lohn h. dean architect & associates, p.a., a.La. Date: May J9, 2005 To: Mr. Paul Wagner, City of Sebastian From: john h. dean Re; Change order to date, Sebastian City Hall Phase 2, Architect's Project 03-040 Paul, Attached is a Chang"e Order fOf the additonal coofercnce time, revised drawing time, and materials to rebid the Historic Sebastian City Hall Phase 2 project. This wod: was 6Uthorir.ed b,. ,.au tmd Mr. Cl8l'ence Moore I/O project could be rebid following the Hurricanes. The project is out for rebid now aa you are well aware. john jhdlcd \.rl'1f~~ ft1f! tom bUI/d N i'rt:II::raeft'ltly(itbtKmv,t\'tttttetbUlfdtt. ~ ~Q/m. tP.7 2.2.'2.'3 1 Ot\'>. Iwen~. VerQ aeach. Florida 32960 (772) 561..4907 I Fax: n2-56~3939 @ FROM :JOHN H. DEAN RRCHlTECT .. ; . FAK NO. :7725693939 Ma~. 26 2005 09: 14RM P4 . CITY OF SEBASTIAN CHANG!. ORnER FORM. . CHANGE OBDER#, ~ 1'Jit.03C'I NAME, .Rdt'ISlLttflft~ D~ In..b S1iE"8I"6'TtAM .L.~jo,lt., ~. 1_"'" PUJit.CHASl: ORDER II PltOJ'ECT II: CONTRACTOR.: JaW~ ~ DEAN ,,"<<c.~rrli.CT ~ PHONE II: ...::17 e-- 5Go'1~~ctth ADDRESS: ~t.'2.3 ley... ~'11Jl!.. CONTllACTNAME: v~e --CIi\ fl.. -""2.1\1.0 CONTRACT PAT:&:: By the signature afflxed below, both thCl City lll1d f:be Coulractor agree to the changes as stipulated herein. Upon proper excoutiOll of this docum.mt, the Contractor 'is' hereby nottiied to commence work.. All changes statlid below are hereby incorporattld and mad.. a port of the ColItrac:t Identified abovCl, and a111hCl tertnli and condition$ of said ContrllCt are enjoined and In 1\111 force wbile ~ 01.0 change(s) ~ us follows: ~1IV1~~j, ,fN1>'h;AIH ~. iN~4lI>.._ NiIa /fUN ~lilFS zfI~..v#D.t:L' '11WU-r ~..~.~ A~""I>.NtltiJrINtIf.s.n!/- e""M!aN'~ e:HJ' 'Nr6~r,. ~-'I:"r; 1tIE-~ ,l1li&&:1$, ""11-1'514'11'5 CIIsr. . "Q:I'AL COST THIS CH~NG1I: ORDJi!R ..... .....I'_.....",JVO..-...._........ .....m...'."'...$ ,,,,,,,,.00 , AI CUNTRACl" ~fCI:: mOlt ro 'lBlS CKI\NGIl' Ni!i 1NCB1!ASI! o:>&:RI!Alll!) RBSm.:llNO noMTBlS CHANm! NBWo:lNTl\1\crPlUCli' INCLtJDlNG TIllS CHM<<lB ORDER s ..u,rrf.. if s 1J"'.tJ.lfittJ. s 2~'l"1i:1. S7 14.-. &1 COi'Inw:r TIMEPRll:llI. TO mrs CHtl.M:IB (NtlMBER OFDAYS) NIn" lNClUWlERES\lL11NO noM THIll CHANOll (l>ll.JI;II!EIl OF])A YS) NEW OOM!'\'.1l7!ON'ZlA!E JNa::DDJlIIG' rHIS ctrANOE MO._DAY_''R. AOREl;!))' . . ~1Z"I4rrEcr l~ CITY OF SEJMSl'IAl\l': n,to, t/drr A__ Clt, Mu.... nate: __ ATTEST: Chy EnlllDeer as to enllneerlq Finuu D"-r ~:b~t~ ~",,~c:,\() ut<t\epl ,~yO~ ~ ..10 _ct/proDaremaDr ~A.MA~C, CIty Clerk City AttorDO)' General Stlrvl... Admin. @ @ City of Sebastian, Florida OFFICE OF THE CITY A TIORN~ AGENDA TRANSMITTAL Agenda No. 05.034 Subject: Boys & Girls Club lease amendment II Date Submitted: 6/2/05 For Agenda of: 6/8/05 SUMMARY: The Boys and Girls Clubs are finalizing arrangements for construction of the new facility behind City Hall. The lender has requested the following language be inserted to cover the situation if there is a default in payment of the construction loan. Since the land cannot be foreclosed upon, these special provisions are common with a leasehold construction loan. Because of the restrictions on public use, however, the provisions must be tailored to our particular needs. Similar language has been included in leases at the airport. RECOMMENDED ACTION: Move to authorize execution of the Second Amendment to the Boys & Girls Club Lease with the City. REVIEWED BY CITY CLERK: ~ h./ AUTHORIZED PLACEMENT ON AGENDA BY CITY MANAGER: 4(,L. @ SECOND AMENDMENT OF LEASE BETWEEN CITY AND BOYS AND GIRLS CLUB OF INDIAN RIVER COUNTY. INC. The CITY OF SEBASTIAN, a Florida municipal corporation, and the BOYS AND GIRLS CLUB OF INDIAN RIVER COUNTY, lNC., a non-profit Florida corporation, hereby amend that certain Lease between the parties dated October 25, 2001, as subsequently modified by the First Amendment thereto, as follows: 1. Articles IV shall now read as set forth herein: Restriction on Use. The leased premises shall be used solely for the purposes associated with the traditional functions of a youth center in accordance with the standards of the Boys and Girls Club of America and shall not be used for any other purpose without the prior written consent of the Lessor. During times not utilized by Lessee, it is anticipated that use of the facility will be occasionally provided to public or community groups for public uses consistent with the purposes of the facility. Occasional or irregular use of the Premises by community groups shall not be deemed an assignment or sublease of this Lease. Lessee may sublet the Premises or any part thereof, or allow any other person to occupy or use the Premises or any part thereof, on a more regular basis with the prior written consent of Landlord. However, Lessee shall not commit or permit the commission of any acts on the Premises that, nor use nor permit the use of the Premises in any way that: (a) violates or conflicts with any law, statute, ordinance, or governmental rule or regulation, whether now in force or hereinafter enacted, governing the Premises; or (b) constitutes the commis.sion of waste on the Premises or the commission or maintenance of a nuisance. Notwithstanding the foregoing, if Lessor terminates this lease in accordance with the provisions thereof, and if any lender has foreclosed and acquired the leasehold interest, Lessor agrees to negotiate in good faith with such lender with respect to the future use of the property. 2. There shall be added a new Article XXI, to read as set forth herein: Leasehold MOItlml(e Financinl(: a. At the time this amendment is executed, the Lessee is obtaining a loan from First National Bank & Trust Company of the Treasure Coast ("Lender") for the purpose of constructing a Boys and Girls Club facility. The loan will be secured by a leasehold mortgage and will not encumber the fee. If Lessee defaults under the Lease, Lessor agrees to provide Lender (and/ or any other institutional lender holding a leasehold interest of Lessee) written notice of the default and a 30-day opportunity to cure the default (or such longer cure period as may be provided herein). The notices shall be addressed to Lender at 3730 -1" Terrace, Vero Beach, Florida 32960 or at any other such address as Lender may designate in writing. b. Lessor consents to the collateral assigrunent of this Lease and Lessee's leasehold interest to Lender and to such other institutional lender which may, in the @ future, hold a lien on the leasehold interest of Lessee. c. In the even Lessee ceases to operate at any time during the term of this Lease or any renewal hereof, the lender holding a lien on the leasehold interest of Lessee shall grant Lessor a first option to reacquire the leasehold interest of Lessee by paying the outstanding balance of the lien, plus reasonable costs and legal fees incurred in foreclosing the same. 3. All remaining provisions of the original Lease between the parties shall remain in full force and effect. EXECUTED on this _ day of June, 2005, at Sebastian, Florida. ATIEST: CITY OF SEBASTIAN A Municipal Corporation Sally A. Maio, MMC City Clerk By: AI Minner, City Manager Approved as to Form and Legality for Reliance by the City of Sebastian only: Rich Stringer, City Attorney BOYS AND GIRLS CLUB OF INDIAN RIVER COUNTY, INC., a non-profit Florida corporation By: Its: @ @ HOMI.OP. 'PEUCAN. /SIANJ) CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: First readiug of Ordiuance 0-05- 04; petition for Voluntary Annexation by Henry A. Fischer for a proposed 25.55-acre addition to the recently approved 115-acre subdivision known as Cross Creek. Property is located along Powerline Road south of Barber Street and north of CR 510 adjacent to Sebastian Highlands Unit 11. ed for Submittal by: City Manager Agenda No. (!) 5. 0 I fn Department Origin: Growth Manageme Purchasing/Contracting: Finance Director\Z.. City Attorney: ~ ./ - City Clerk: ~~ Date Submitted: May 16, 2004 For Agenda of: May 25, 2004 xhibits: 0-05-04, letter of request, location map, survey, Chapter 171.044 P.8. EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY Mr. Henry A. Fischer has filed an application for annexatiou of a 25.55-acre parcel ofland situated immediately south of Cross-Creek Subdivision - located west of Powerline Road south of Barber Street and north of CR 510. Additionally, within the County, the property is zoned A-I (Agricultural) with an R (Low Density Residential, I unit/acre) land use designation and the applicant wishes to annex the property with a land use ofLDR (Low Density 5 units/acre) and corresponding zoning ofRS-1O (10,000 SF minimum lot size). The property is slated to become phase II of Cross Creek Subdivision, which is proposed to contain 150 single family residential lots with minimum lot size of95' x 135'. A similar design is anticipated for phase II. The property is home to a former sand mining operation, which created a large lake on the subject site, and is slated for subdividing to permit residential units along the perimeter of the lake boundaries. The proposed proj ect also includes paving Powerline Road from Barber Street south approximately 1125 feet to the southernmost subdivision access point. Annexation of the subject parcel provides consistency with Comprehensive Plan guidelines for fiscally responsible growth and development while also providing controls over the imposition of detrimental impacts to the quality oflife, public safety and welfare of the community. RECOMMENDED ACTION "Move to ass Ordin nee No. 0-05-04 on fIrst readin and schedule a second readin and ublie hearin for June 2005." @ ORDINANCE NO. 0-05-04 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION OF LAND CONSISTING OF 25.55 ACRES, MORE OR LESS, LOCATED NEAR POWERLINE ROAD SOUTH OF BARBER STREET KNOWN AS CROSS CREEK SUBDIVISION PHASE II; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Henry A. Fischer, the owner of the parcel of property described herein, has petitioned the City for voluntary annexation of said land and due public notice of this action has been given; and WHEREAS, the City Council finds and determines that the land proposed to be annexed is contiguous to the City, will not result in the creation of any enclaves, and constitutes a reasonably compact addition to the incorporated territory of the City; and WHEREAS, the City Council of the City of Sebastian, Florida, finds and determines that the annexation of said parcel is in the best interest of the City; NOW TIIEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. PROPERTY. The following described property now lying and being in an unincorporated area of Indian River County, Florida, is hereby annexed into the City of Sebastian, Florida, and the boundary lines of said City are hereby redefined to include said real property: See attached Schedule "A" containing 25.55 acres more or less. Section 2. INTERIM LAND USE AND ZONING CLASSIFICATION. The interim land use and zoning classifications for this property shall be consistent with the provisions of state law. Section 3. FILING. A certified copy of this ordinance shall be filed with the Clerk of the Circuit Court as well as the Chairman of the County Commission of Indian River County, Florida, and with the Florida Department of State within seven days of adoption. @ Section 4. CONFLICT. All ordinances or parts of ordinances 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 Ordinance is invalid, unenforceable or unconstitutional, including the DECLARA110N OF COVENANT AND RESlRIC110N ON LAND contained in Exhibit "B", the remainder of the Ordinance shall be invalidated and it shall be presumed that the City Council of the City of Sebastian did not intend to enact this Ordinance without such invalid or unconstitutional provision. Section 6. EFFECTIVE DATE. Following its adoption and recordation of the DECLARA110N OF COVENANT AND RESlRICTION ON LAND attached hereto as Exhibit "B", this Ordinance shall become effective concurrent with the effective date of Ordinance 0-05-05. The foregoing Ordinance was moved for adoption by Council member The motion was seconded by Council member and, upon being put to a vote, the vote was as follows: Mayor Nathan McCollum Vice-Mayor Brian Burkeen Councilmember Lisanne Monier Council member Andrea Coy Council member Sal Neglia The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 2005. ATTEST: CITY OF SEBASTIAN, FLORIDA Sally A. Maio, CMC City Clerk By: Mayor Nathan B. McCollum Approved as to form and legality for reliance by the City of Sebastian: Rich Stringer, City Attorney @ Page 1 of2 Exhibit "D" DECLARATION OF COVENANT AND RESTRICTION ON LAND THIS DECLARATION, made as of the date set forth below by Henry A. Fischer, hereinafter referred to as "Declarant", governs the use of the following described land lying and situate in Indian River County, Florida: See attached Schedule ''A'' containing 25.55 acres more or less, and provides that WHEREAS, Declarant is the owner of the Land as described above, which Declarant seeks to annex into the City of Sebastian, Florida, NOW THEREFORE, Declarant hereby declares that all of said Land described above shall be held, sold and conveyed subject to the following restrictions and covenants, which are for the purpose of protecting the value and desirability of the Land, and shall run with said land and be binding upon all parties having any right, title or interest in the Land or any part thereof; their heirs, successors and assigns, and shall accrue to the benefit of each owner thereof 1. For a period of ten years from the date of annexation of the Land, Declarant, his heirs, successors or assigns, covenant that they shall not apply to rezone the Land, or otherwise seek to change the use of said Land, in any manner that results in a residential use density greater than 3 units per acre. 2. The City of Sebastian is designated as a third-party beneficiary of these Covenants and Restrictions, and Declarant stipulates that said third-party beneficiary shall be entitled to refuse any application or proposal submitted in violation of these Declarations without recourse by Declarant. @ Exhibit "B" Page 2 of2 IN WITNESS WHEREOF the undersigned, being the Declarant herein, has caused these presents to be executed in its name by its duly authorized officer, as of this day of ,2005. Signed, sealed & delivered In the presence of: Henry A. Fischer, Declarant Printed name: Witness Printed Name: Printed Name: Witness STATE OF FLORIDA COUNTY OF INDIAN RIVER I HEREBY CERTIFY that on this day, before me an officer duly authorized in the State and in the County aforesaid to take acknowledgements, personally appeared Henry A. Fischer, Declarant, to me known to be the person described in the foregoing instrument or who provided as identification, who executed the foregoing instrument and acknowledged before me that he executed the same. Said person was not under oath. WITNESS my hand and official seal this day of ,2005. @ Notary Public My Commission Expires: @ '-..--'G' ..>;;:- '__' ' ~_.F~ ORDINANCE 0-05-ll;4 SCHEDULE A From the center of Section 30, Township 31 South, Range 39 East, Indian River County, Florida, run South 89 degrees 32 minutes 01 seconds West along the North boundary of the Southwest quarter of Section 30 a distance of 1163.97 feet to the POINT OF BEGINNING; thence run South 00 degrees 09 minutes 57 seconds East a distance of 1336.24 feet to the quarter-quarter line; thence run South 89 degrees 50 minutes 01 seconds West along said quarter-quarter line a distance of 835.12 feet; thence run North 00 degrees 05 minutes 51 seconds West a distance of 1331.88 feet to the North boundary of the Southwest quarter; thence run North 89 degrees 32 minutes 01 seconds East a distance of833.55 feet to the POINT OF BEGINNING. LESS AND EXCEPT the Southern fifty (50) feet of the above-described property pursuant to Chancery Order Book 9, Page 564, in the Public Records of Indian River County, Florida Also admitted in Wyoming Nebraska DILL & EVANS, ~L. ATTORNEYS AT LAW 1565 US Highway I Sebastian, Florida 32958 JOHN G. EVANS WARREN W. DILL Also Admitted in California JEFFREY P. BATTISTA June 21, 2004 --.------..., - - /-<_---':',-.;:-7-~":.> A. <~", A. -':. r;\1;," ~ - :!{ Received ~ U;-J I'p: 'i.= vL;i ~ P&Z ~, Growth Mgnl \~~' '\ c.., "''':::::~', - . Tracy Hass, Growth Management Director City of Sebastian 1225 Main Street Sebastian, FL 32958 Re: Voluntary Annexation Dear Tracy: Please consider this letter as a request for voluntary annexation into the City of Sebastian of the following described property: Henry Anthonv Fischer Property The below described property is owned by Henry Anthony Fischer, whose address is P.O, Box 780068, Sebastian, FL 32978-0068: From the center of Section 30, Township 31 South, Range 39 East, Indian River County, Florida, lUn South 89 degrees 32 minutes 01 seconds West along the North boundary of the Southwest quarter of Section 30 a distance of 1,163.97 feet to the POINT OF BEGINNING; thence lUn South 00 degrees 09 minutes 57 seconds East a distance of 1,336.24 feet to the quarter - quarter line; thence nm South 89 degrees 50 minutes 01 seconds West along said quarter - quarter line a distance of835.12 feet; thence run North 00 degrees 05 minutes 51 seconds West a distance ofI,331.88 feet to the North boundary of the Southwest quarter; thence lUn North 89 degrees 32 minutes 01 seconds East a distance of833.55 feet to the POINT OF BEGINNING. LESS AND EXCEPT the Southern fifty (50) feet of the above- described property pursuant to Chancery Order Book 9, Page 564, in the Public Records of Indian River COlli1ty, Florida. This property lies next to the boundaries ofthe City, as recently enlarged by the annexation of the Cross Creek subdivision property, such that a substantial part of the boundaries of the property is contiguous with the boundaries of the City limits. Tel: (772) 589-1212 . Fax: (772) 589-5212 @ Tracy Hass, Growth Management Director June 21, 2004 Page 2 This annexation will result in a reasonably compact addition to the City. This property is generally located just South of Barber Street between 70th Avenue (Power Line Road) and Shakespeare Street and contiguous to the South line of Cross Creek. The intended use of the property is for residential purposes. Simultaneously with the submittal of this annexation request, Development Order Applications are being filed for a Comprehensive Plan Land Use Map Amendment to classify the property as Low Development Residential (LDR) and to rezone the property to Single Family Residential (RS-I 0). As part of this request for armexation, I have enclosed the Deeds confirming ownership of the property, Indian River County Zoning Map, PrQperty Appraiser's Tax Map and survey of the property. Thanking you in advance for your assistance, I remain Very tnlly yours, Wtv~ Warren W. Dill WWD/dh Enclosures cc: Dr. Henry A. Fischer @ ~ 1~ r 110\\ ;',~ ;X1u - - . "(";r:;',~;:~'" , ..'~ t" .".' , :.,:. .~J: "ID ~ ',">;:"~iV'~;<'<'" f"f.1:Bf8fEEJfB' ,"" , ..,'~ .' " ; y..o!;.l; ,-,.... " " !'A!W' ,-}~- ~ ..:',:....., '-:0 ~ ..;;...&X.<P \(.\, v' - , e--;f-, c_ " '.' ;. ;) - ", sit:>,.~ ~ .' ..- , ~ ...' ".., ','"","". 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" g ~g ~! @r 171.044 Voluntary annexation.- (1) The owner or owners of real property in an unincorporated area of a county which is contiguous to a municipafity and reasonably compact may petition the governing body of said municipality that said property be annexed to the municipality. . (2) Upon determination by the governing body of the municipality that the petition bears the signatures of all owners of property in the area proposed to be annexed, the governing body may, at any regular meeting, adopt a nonemergency ordinance to annex said property and redefine the boundary lines of the municipality to include said property. Said ordinance shall be passed after notice of the annexation has been published at least once each week for 2 consecutive weeks in some newspaper in such city or town or, if no newspaper is published in said city or town, then in a newspaper published in the same county; and if no newspaper is published in said county, then at ieast three printed copies of said notice shall be posted for 4 consecutive weeks at some conspicuous place in said city or town. The notice shall give the ordinance number and a brief,' general description of the area proposed to be annexed. The description shall include a map clearly showing the area and a statement that the complete legal description by metes and bounds and the ordinance can be obtained from the office of the city clerk. (3) An ordinance adopted under this section shall be filed with the clerk of the cincuit court and the chief administrative officer of the county in which the municipality is located and with the Department of State within 7 days after the adoption of such ordinance. The ordinance must include a map which clearly shows the annexed area and a complete legal description of that area by metes and bounds. (4) The method of annexation provided by this section shall be suppiemental to any other procedure provided by general or special law, except that this section shall not apply to municipalities in counties with charters which provide for an exclusive method of municipal annexation. (5) Land shall not be annexed through voluntary annexation when such annexation results in the creation of enclaves. (6) Upon publishing or posting the ordinance notice required under subsection (2), the governing body of the municipality must provide a copy of the notice, via certified mail, to the board of the county commissioners of the county wherein the municipality is located. The notice provision provided in this subsection shall not be the basis of any cause of action challenging the annexation. Hlstory.-s. 1. eh. 74-190; ss. 4. 5, ch. 75-297; s. 3, eh. 76-176; s. 2, ch. 86-113; s. 1, eh. 90-171; s. 16, eh. 90-279; s. 16, eh. 96-176. @ HOME Of PiUCAN ISlAND CITY OF SEBASTIAN AGENDA TRANSMI'ITAL Subject: First reading of Ordinance O-OS- 06; rezoning request from Agricultural (A-I) to RS-IO for a proposed 2S.sS-acre addition to tbe Cross Creek Subdivision located along Powerline Road. for Submittal by: City Manager ~ Agenda No. (')~ . () f f.t, Department Origin: Growth Managemerr(7A Purchasing/Contracting: Finance Director: City Attorney: '([:0'_ City Clerk: ~~ Date Submitted: May 16,2004 For Agenda of: May 2S, 2004 Exhibits: 0-05-06, staff report, P&Z recommendation, location map, application. EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY Mr. Henry A. Fischer is requesting a rezomng amendment for a 25.55-acre addition to the recently approved Cross Creek Subdivision, which is located along Powerline Road south of Barber Street and north ofCR 510 adjacent to Sebastian Highlands Unit II. The current land use designation for this parcel of land is R (Residentiallunitlacre (County)), while the current zomng is A-I (Agricultural I unitlacre). Mr. Fischer is requesting annexation of said parcel with a land use ofLDR (Low Density 5 units/acre) and corresponding zoning of RS-lO (10,000 SF minimum lot size). The property is home to a former sand mining operation, which created a large lake on the subject site, and is slated for subdividing to permit residential units along the perimeter of the lake boundaries. Cross Creek Phase I is proposed to contain ISO single-family residential lots with minimum lot size of95' x 135', thus a proposed density of 1.30 units/acre, well below the 5 units/acre pennitted within the LD category. The fIrst phase of the proposed project included plans for paving Powerline Road from Barber Street south approximately 1125 feet to the southernmost subdivision access point. RECOMMENDED ACTION and schedule a second readin and ublic @) ORDINANCE NO. 0-05-06 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF RESIDENTIAL SINGLE-FAMILY (RS- 10) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS RESIDENTIAL, 1 UNIT PER ACRE (R) FOR LAND CONSISTING OF 25.55 ACRES, MORE OR LESS, LOCATED NEAR POWERLINE ROAD SOUTH OF BARBER STREET AND KNOWN AS CROSS CREEK SUBDIVISION PHASE II; PROVIDING FOR CONFLICT, SEVERABILITY AND EFFECTIVE DATE. WHEREAS, Henry A. Fischer has filed a petition for amendment to the Zoning Ordinance; and WHEREAS, the City Council has provided notice of the proposed zoning change and conducted a public hearing to receive citizen input; and WHEREAS, the City Council of the City of Sebastian, Florida, has considered the criteria identified in the Land Development Code together with the recommended findings and recommendations of its staff and Planning and Zoning Commission; and WHEREAS, the City Council as made the following findings: A. The proposed use is consistent with the goals, objectives and other elements of the Comprehensive Land Use Plan. B. The proposed use is in conformity with the substantive requirements of the City of Sebastian Code of Ordinances, particularly the Land Development Code. C. The proposed use is not in conflict with the public interest of the citizens of the City of Sebastian. D. The proposed use is compatible with adjacent land uses. E. Adequate public facilities and services exist in the City to serve the proposed use and the demand for such use will not exceed the capacity for such services and facilities. F. The proposed change in use will not result in any adverse impacts on the natural environment. G. The proposed use will not adversely affect the property values in the area, or the general health, safety and welfare of the City or have an adverse impact on the financial resources of the City. H. The proposed use will result in an orderly and local development pattern. @ NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. PROPERTY. The change in zoning classification created by the adoption of this ordinance shall affect the following described real property, now lying and being within the incorporated area of the City of Sebastian, Indian River County, Florida: See attached Schedule "A" containing 25.55 acres more or less. Section 2. REZONING. The real property described above is hereby given an initial City zoning designation of Residential Single-Family (RS-lO). Section 3. ZONING MAP. The official City Zoning Map shall be amended to include the subject property and reflect this designated zoning district. Section 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. SEVERABILITY. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid provisions. 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 6. EFFECTIVE DATE. This Ordinance shall take effect upon the effective date of Ordinance 0-05-04. 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 Nathan McCollum Vice-Mayor Brian Burkeen Councilmember Lisanne Monier Councilmember Andrea Coy Councilmember Sal Neglia @ The Mayor thereupon declared this Ordinance duly passed and adopted this ,2005. ATTEST: CITY OF SEBASTIAN, FLORIDA By: Mayor Nathan B. McCollum Sally A. Maio, CMC City Clerk @ Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney day of \.....AU:::>:> L,VI:-t::...-K, ORDINANCE 0-05-0:6 SCHEDULE A From the center of Section 30, Township 31 South, Range 39 East, Indian River County, Florida, run South 89 degrees 32 minutes 01 seconds West along the North boundary of the Southwest quarter of Section 30 a distance of 1163.97 feet to the POINT OF BEGINNING; thence run South 00 degrees 09 minutes 57 seconds East a distance of 1336.24 feet to the quarter-quarter line; thence run South 89 degrees 50 minutes 01 seconds West along said quarter-quarter line a distance of 835.12 feet; thence run North 00 degrees 05 minutes 51 seconds West a distance of 1331.88 feet to the North boundary of the Southwest quarter; thence run North 89 degrees 32 minutes 01 seconds East a distance of833.55 feet to the POINT OF BEGINNING. LESS AND EXCEPT the Southern fifty (50) feet of the above-described property pursuant to Chancery Order Book 9, Page 564, in the Public Records of Indian River County, Florida @ (II't!ll S~~ ~ HOMI: Of PEIJCAN.1S1ANI) Growth Management Department Rezoning Application - Staff Report 1. Project Name: Cross Creek Subdivision Addition 2. Requested Action: Rezoning A-1 (County) to RS-10 3. Project Location a. Address: Immediately South of Cross-Creek Subdivision - Powerline Road South of Barber/north of CR 510. b. Legal: See survey c. Indian River County Parcel Number: 30-31-39-00000-5000-00002.0 4. Project Owner: 5. Project Agent: 6. Project Engineer: 7. Project Surveyor: 8. Project Description Henry A Fischer P.O. Box 780068 Sebastian, Florida 32978 (772) 589-3159 fax: (772) 589-7731 Warren W. Dill Dill & Evans, P.L. 1515 U.S. Highway 1, Suite 201 Sebastian, Florida 32958 (772) 589-1212 fax: (772) 589-5212 Mosby & Associates, Inc. 2455 14th Avenue Vero Beach, Florida 32960 (772) 569-0035 fax: (772)-778-3617 David M. Jones 3899 39th Street Vero Beach, Florida 32960 (772) 567-9875 fax: (772) 567-9172 Narrative of proposed action: Mr. Henry A. Fischer is requesting a large scale land use map amendment for a 25.55+/- acre tract of land situated immediately south of Cross-Creek Subdivsion - west of Powerline Road south of Barber Street and north of CR 510. The current land use designation for the subject parcel is R (Residential 1 unit/acre (County)), while the current zoning is A-1 a. @ 1 (Agricultural 1 unit/acre). Mr. Fischer is requesting annexation of said parcel with a land use of LDR (Low Density 5 units/acre) and corresponding zoning of RS-10 (10,000 SF minimum lot size). The property is slated to become phase II of Cross Creek Subdivision, which is proposed to contain 150 single family residential lots with minimum lot size of 95' x 135', A similar design is anticipated for the subject parcel. b. Current Zoning: A-1 (County - Agriculture) c. Adjacent Properties 7nning ~lIrr~nt I ~nrlIJC:A F'lItllrp- I ::Inri IJ~A North: East: South: West: RS-10 RS-10 A-1 RS-10 Single FamilyNacant Single FamilyNacant Vacant ResidentialNacant LD LD R (County) LD d. Site Characteristics (1) Total Acreage: 25.55 acres (2) Current Land Use(s): Vacant (3) Soil: Oldsmar, Pepper (4) Vegetation: Cleared, Palm, Oak (5) Flood Hazard: Zone X (6) Water Service: Indian River County Utilities (Water Main) (7) Sanitary Sewer Service: Indian River County Utilities (Forcemain) (8) Parks: Barber Street - 3/4 mile (9) Police/Fire: Sebastian Police 4 miles County Fire - 3/4 miles 9. Comprehensive Plan Consistency a. Future Land Use: R (County -1 unit/acre) b. Level of Service (1) Traffic: The proposed will create an increase demand on the roadway network due to the increase in density. However, Cross Creek Subdivision includes improving Powerline Road from Barber Street south approximately 1125 feet to the southemmost subdivision access point. 2 @ (2) Potable Water: Cross Creek Subdivision will be connecting to Indian River County Utilities water main, therefore eliminating the need for potable wells within said development. (3) Wastewater: Cross Creek will be connecting to Indian River County Utilities sewer forcemain, therefore eliminating burdensome septic systems within the developed area. (4) Stormwater: Project includes a privately operated and maintained stormwater system, which by design will improve water filtration prior to intrusion into the groundwater system, while also reducing maintenance obligations for the City. (5) Recreation: Property owners within Cross Creek will be subjected to the citywide recreation impact fee program, therefore supplementing and enhancing the development of future parks and recreational facilities within the community. (6) Solid Waste: There will be an increased demand on solid waste with the proposed density increase. 10. Conformance with Code of Ordinances: Consistent 11. Changed Conditions: Site is currently vacant un-developed land, with proposed change to single-family residential. 12. Land Use Compatibility: Adjacent properties to the north and east are designated low density residential, while the property immediately south is designated for low density residential within the County. There will be a negligible impact caused by the proposed land use change due to the similarity of the existing uses in the area. Additionally, the infrastructure improvements slated as an element of the proposed project will enhance the viability and sustainability of the area. 13. Adequate Public Facilities: Provided - public utilities (water, wastewater) will be incorporated within the development of the proposed PUD, and the existing lake will double a stormwater detention basin. 14. Natural Environment: The proposed Subdivision will contain the requisite open space as required by land development regulations. 15. Economic Effect: provided - The property is currently not within the corporate limits of the City of Sebastian. Annexation will provide an additional 25.55 +/- acres of land area, which in turn enhance the value of the property and increase tax revenues to the City. 16. Orderly Development: The proposed land use change is consistent with the cornprehensive plan and the proposed land use change provides for orderly @ 3 development given the location of the site adjacent to residential/commercial property and availability of sufficient public facilities and access. 17. Public Interest: The City of Sebastian Comprehensive Plan outlines the necessity to incorporate and/or annex enclave parcels within incorporated cities. Although the property in question is not an enclave (although adjacent on three sides to City boundaries), it is adjacent to the urban service area, and would most likely be better served by municipal services. The proposed change to a single-family residential is consistent with the future goals and objectives of the City of Sebastian. Therefore, staff finds that the proposed annexation/land use change is not in conflict with public interest. 18. Other Matters: The requested land use change and accompanying rezoning will provide consistency with the future land use map of the comprehensive plan. Annexation of the parcels will demonstrate compliance with goals and objectives as outlined in the comprehensive plan for annexation of properties lying adjacent to the urban service area. The proposed land use change will create a slightly greater impact on water, wastewater, drainage and solid waste facilities. 19. Analysis: Mr. Henry A. Fischer is requesting a large scale land use map amendment for a 25.55+/- acre tract of land situated immediately south of Cross-Creek Subdivsion - west of Powerline Road south of Barber Street and north of CR 510. The current land use designation for the subject parcel is R (Residential 1 unit/acre (County)), while the current zoning is A-1 (Agricultural 1 unit/acre). Mr. Fischer is requesting annexation of said parcel with a land use of LDR (Low Density 5 units/acre) and corresponding zoning of RS-10 (10,000 SF minimum lot size). The property is slated to become phase II of Cross Creek Subdivision, which is proposed to contain 150 single family residential lots with minimum lot size of 95' x 135'. A similar design is anticipated for the subject parcel. 20. Conclusion: The requested rezoning from R (County) to RS-10 is consistent with the Comprehensive Plan, Land Development Code and Code of Ordinances. 21. Recommendation: Staff recommends approval of the requested re-zoning subject to the following: 1. The re-zoning shall be conditioned upon receipt of annexation approval by the City Council. fI)s- OAT 4 @ PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JULY 15, 2004 The hearing was closed at 8:32 p.m. MOTION by Allocco/Paul "I make a motion that we approve [recommendation to City Council] the conception plan for the Cypress Bend Subdivision." ROLL CALL: Mr. Allocco Chmn SmIth Mr. Seeley Mr. Faille yes yes yes yes Mr. Mahoney Mr. Keough Mr. Paul yes yes yes The vote was 7-0. Motion carried. MOTION by Allocco/Keough "I make a motion that we approve [recommendation to City Counciij the rezoning from A1 County to RS-10 (Cypress Bend Subdivision)." ROLL CALL: Mr. Keough Chmn Smith Mr. Seeley Mr. Allocco yes yes yes yes Mr. Mahoney Mr. Faille Mr. Paul yes yes yes Chmn Smith called for a recess at 8:35 p.m. The meeting was reconvened at 8:47 p.m. and all commissioners were present. D. Public Hearing - Recommendation to CIty Councll- Request for Rezoning and Amendment to the ComprehensIve Plan Future Land Use Map for (annexation of) 25 Acres West of Powerline Road _ Cross Creek Addition Chmn Smith opened the hearing at 8:48 p.m. Mr. Bruce Mola, Mosby & Associates, 2455 14th Avenue, Vero Beach, Florida presented the application. He explained that this is a land locked piece of land to be added to the existing Cross Creek Subdivision. Mr. Hass added that the project would consist of half-acre lots to be added to the existing Cross Creek Subdivision. No one from the public spoke. The hearing was closed at 8:53 p.m. MOTION by Allocco/Smith "I make a motion that we approve [recommendation to City Council] the 25 acre addition of the Cross Creek Subdivision for the Land Use Change from R County to LOR." ROLL CALL: Mr. Allocco Mr. Keough Mr. Seeley Mr. Faille yes yes yes yes Chmn Smith Mr. Mahoney Mr. Paul yes yes yes The vote was 7-0. Motion carried. (02) 5 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JULY 15, 2004 MOTION by Allocco/Keough "I make a motion that we approve [recommendation to City Council] Cross Creek Subdivision for rezoning from A1 County to RS-10." ROLL CALL: Mr. Faille Mr. Mahoney Mr. Allocco Mr. Paul yes yes yes yes Chmn Smith Mr. Seeley Mr. Keough yes yes yes The vote was 7-0. Motion carried. CHAIRMAN MATTERS: Chmn Smith inquired on the status of Hurricane Harbor and Ms. King said they have been in the office and are working with staff. He also asked about the Sebastian Village project status. Mr. Hass said he believed they have all their building permits. Chmn Smith commented about the Davis Street Commerce Building not having the stucco on the exterior. Mr. Hass and Ms. King said they would not get a certificate of occupancy if they do not comply. MEMBER MATTERS: Mr. Allocco asked about the roof design of the new Remax Building as it projects over the sidewalk. Mr. Hass said that is one of the zero setback areas. Mr. Allocco agreed with Mr. Masteller's comments on the fine performance of the Growth Management Department with relation to its size. Mr. Keough agreed, as did other commissioners. Mr. Paul asked how could the application form be changed, as some of the questions asked are repetitious and ambiguous. Mr. Allocco suggested Mr. Paul work up a draft. DIRECTOR MATTERS: Mr. Hass thanked the commission for their words of kindness and appreciation. He also thanked the board for being understanding with the shuffling of the special meeting date. Chmn Smith asked about the possibility of increasing the staff of the Growth Management Department. Mr. Hass complimented his staff on their teamwork and ability to process the workload and added that what the department really needs is a planner. Mr. Hass said the Community Redevelopment Board has been appointed by the City Council and Susan is secretary to that board and J<;ln is the CRA Coordinator. ATTORNEY MATTERS: NONE Chmn Smith adjourned the meeting at 9:10 p.m. (7/19/04 SBL) 6 @ - .." ANDr t""' ,/",,-,<11' 0 ~i ~"'"\ -t., Cl .....1. - ,<'1 0 <?;. . 't; > K(i-Io.o? -- I g~ ~ n !!I' iI JI :. 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" .....,......".. .. .. . n .. .. i I!' (, ,', .. .. .. Permit Application No. ~ HOME OF PELlCANISI.AND A Iieant If not owner, written authorization Name: Henry Anthony Fischer Address: P.O. Box 780068 Sebastian FL 32978 Phone Number: (772) 589- 3159 FAX Number: (772 ) 589-7731 City of Sebastian Develo ment Order A / /'/- Owner If different from a Name: Henry Anthony Fischer Address: P.O. Box 780068, Sebastian, FL Phone Number: (772) 589- 3159 E-Mail: N/A 32978 FAX Number: ( 772) 589 - 7731 E-Mail: N/A Title of permit or action requested: Rezoning PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 8-1/2" BY 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project Name (if applicable): CROSS CREEK, a subdivision (addition thereto) B. Site Information Address: See attached Warrant Deed Lot: Block: Unit: Subdivision: Indian River County Parcei #: 30-31-39-00000-5000-00002.0 Zoning Classification: Indian River CQunt A-1 Existing Use: 'l Future Land Use: Indian River Count - R Proposed Use: e' i 1 'vi ion c. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): Annexation of the property into the City and residential developnent under the Future Larrl Use Map classification of IDR with RS-1 0 zoning. DATE RECEIVED: to 101\ If) Y FEE PAID: $ t...l ~ ::;r:f!/, -:6D CEIVED BY: . Ch ~ ~ J. ~ @ Permtt Application No. D. Proiect Personnel: Aaent: Name: Warren W. Dill Address Dill & Evans. P.L.. 1565 U.S. Highwav 1. Sebastian FL 32958 Phone Number: ( ) - FAX Number: ( ) - 1772\ <;1'10:"1")''; 1772\ 589 5212 E-Mail: ~T/~ Attorney: Name: Cb "" Add ress Phone Number: ( ) - FAX Number: ( ) - E-Mail: Enaineer: Name: Mosbv & Associates. Inc. (for subdivision I Address 2455 ",. + h "y"",no \Torn k'T. Phone Number: ( ) - FAX Number: ( ) - 177?\ ", /77." 770_<1'>17 E-M~iY, NA Surveyor: Name: David M. Jones Address 3899 39th street Vem Beach, FL 32960 Phone Number: ( ) - FAX Number: ( ) - 17721 567 _QR7<; 17721 567-9172 E-Mail: ~T/" I, Warren W. Dill , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: _ I AM THE OWNER _ J AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE ACCURATE AND TRUE TO THE B~~T7 MY KNOWLEDGE AND BELIEF. /1 M/J'JA'/'-}t ~ -' V' t:-- 7. / - () tf Sfci'NATURE ~ DATE SWORN TO AND SUBSCRIBED BEFORE ME BY Warren W. Dill WHO IS PERSONALLY KNOWN TO ME OR PRODUCED AS IDENTIFICATION, THIS..c:iLI- DAY OF June :... 20..QL.~7: NOTARY'S SIGNATURE ~d~A A -' ~~4 PRINTED NAME OF NOTARY {~ COMMISSION NoJExPIRATION . SEAL: Ui!J \lll!.f/U", "~,,,.jji-t-, Diona C Hill i'i't!i." ,*'; MYCOMMISSION# 00043145 EXPmES ~,~W September 7, 2005 "~p,f.,f,.~~ BONDED lHRU TROY FAIN INSURANc~ 1He. Permit Application No. The following Is required for all comprehensive plan amendments, zoning amendments (inClUding rezoning), site plans, conditional use permits, special use permits, variances, exceptions, and appeals. I/WE, THE OWNER(S) / X THE LEGAL REPRESENTATIVE OF THE OWNER(S) OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE P & Z and City Council BOARD/COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE I/WE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, 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 PROMISES MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. /(t )1:tM4-.. I J-' ..:J/Z/ SI NATURE 6-?/-cJ~ DATE Sworn to and subscribed before me by Warren W. who is ersonally known to me or produced as identi Icatlon, this day of June Notary's Signature ~a 4Jr Printed Name of Notary (..~ Commission No.lExpiration Seal: Dill '2~A / ) ) ~ .,,1-.'111 ~It. Diano C. Hill (:r A MY COMMISSION # 00043145 EXPIRES ~. . .'ff,' September 7, 2005 , .P.f:,'fr,W.'- 80NDEDTHRUTROYFAlNINSURANC~INC ~ Permit Application No. ClIYOF Supplemental Information ~ Rezoning Request ATTACH ADDITIONAL PAGES IF NECESSARY. HOME OF PELICAN ISLAND - 1. Proposed zoning: Single Family Residential District (R8-10) - 2. Explain how the proposed rezoning is consistent with the other elements of the comprehensive plan. See attached sheet. - 3. Explain how the proposed rezoning is in conformance with applicable substantive requirements of the City of Sebastian Code of Ordinances. The developnent will ccmply with all Land Developnent Regulations includinq the subdivision regulations of the City. - 4. What land use and development changes have occurred since the effective date of the comprehensive plan which are relevant to the proposed amendment? County utilities are throughout the City. '!he intersection at Barber Street an:} Schumann has been signalized. Throuqh the annexation of Cross Creek, PcMer Line Road will be partially paved. - 5. Explain how the proposed rezoning is compatible with the existing or future land uses of the City. The developnent will be for a residential subdivisi n, which will be ccmpatible with surrounding lan:} uses an:} proposec future use of the area. - 6. Are there adequate public facilities to serve the proposed land use? Yes @) Permit Application No. I I - 7. Explain how the proposed rezoning will not result in a significant adverse impact on the natural environment. The land was previously cleared and used for a citrus operation. - 8. Explain how the proposed rezoning will not adversely affect the property values of the area, the general health, safety and welfare or the financial resources of the city. There will not be any adverse effects from this develqxnent. This development will enhance the value of the property and thus increase the tax revenue for the city. . _ 9. Describe how the proposed rezoning will result in an orderly development pattern. The developrent is contiguous with the city limits on two sides and will result in a logical and c~ct expansion of the city. _ 10. Attach the following: _ a. A verified statement showing each and every individual person having a legal and/or equitable ownership interest in the property upon which the application for rezoning is sought, except publicly held corporations, in which case the names and addresses of the corporate officers shall be sufficient. _ b. A list of the names and addresses of all owners of parcels of real property within three hundred (300) feet of the parcel to be considered. - c. A survey and legal description of the property to be rezoned. @3) @ 2. The existing roadway network will not be significantly adversely impacted from the new trips generated by the proposed development. County utilities are available to service the development. The level of service standard for stormwater is the same for all developments, . therefore, there is no greater impact anticipated from the proposed rezoning. The recreation facilities will be not adversely impacted by this development and any new impacts will be , offset by the City's rec,eational impact fee. Solid waste is handled by the County and this development will not significantly adversely impact the facilities. This development will provide housing for the City. This development is contiguous with the City Limits and will result in compact growth that will have a positive economic impact on the City. This property was developed as a citrus operation years ago and there will be no adverse impacts on ~e environment. Therefore, this development is consistent with the Comprehensive Plan. City of Sebastian, Florida OffICE OF THE CI1Y' ATIORNEl' AGENDA TRANSMITTAL Agenda No. 05. /2. q_ Subject: End of State of Emergency Operations Resolution No. R-05-l8 Date Submitted: 6/2/05 For Agenda of: 6/8/05 SUMMARY: As discussed with City Council at the May 25,2005 meeting, The State of Emergency Operations declared by Ordinance 0-04-19 may be ended by means of a resolution of Council. While some provision to protect those still living in temporary housing is needed, the broad-sweeping provisions of the emergency ordinance should be modified. RECOMMENDED ACTION: Move to adopt Resolution R-05-18. REVIEWED BY CITY CLERK~ AUTHORIZED PLACEMENT ON AGENDA BY CITY MANAGE @) RESOLUTION NO. R-05-18 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, DECLARING AN END TO THE STATE OF EMERGENCY OPERATIONS; PROVIDING FOR CONTINUED RELIEF FOR DISPOSSESSED HOMEOWNERS; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City Council sought to alleviate some of the burden on our community following the 2004 hurricanes by temporarily suspending enforcement of certain restrictions to allow emergency housing and business operations; and WHEREAS, OrdinanceO-04-19 declared a State of Emergency Operations for the City and suspended enforcement of said regulations; and WHEREAS, the City deems it time to begin the return to normalcy; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. DECLARATION OF END OF STATE OF EMERGENCY OPERATIONS. It is hereby declared that the City of Sebastian has ended the State of Emergency Operations as declared by Ordinance 0-04-19. Section 2. TRANSITION PERIOD FOR COMMERCIAL OPERATIONS. Commercial operations utilizing the provisions of either Section 3 of Ordinance 0-04-19 or an executive order promulgated pursuant to said Ordinance shall come into full compliance with conflicting City Code provisions no later than July 15,2005. Section 3. RELIEF FOR DISPOSSESSED HOMEOWNERS. Notwithstanding the Declaration set forth above, homeowner residents with homes rendered and remaining unlivable due to hurricane damage shall be allowed to continue living in an RV placed upon the damaged homesite unless a Certificate of Occupancy for repair/reconstruction of the home has been issued. Section 4. CONFLICTS. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 5. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. @ The foregoing Resolution was moved for adoption by . The motion was seconded by Councilmember being put to a vote, the vote was as follows: Councilmember and, upon Mayor Nathan McCollwn Vice-Mayor Brian Burkeen Councilmember Lisanne Monier Councilmember Andrea Coy Councilmember Sal Neglia The Mayor thereupon declared this Resolution duly passed and adopted this 8th day of June, 2005. CITY OF SEBASTIAN, FLORIDA By: Mayor Nathan B. McCollwn ATTEST: Approved as to form and legality for reliance by the City of Sebastian only: Sally A. Maio, MMC City Clerk Rich Stringer, City Attorney @