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HomeMy WebLinkAbout07262006 CIlY OF ,. . . ..~ ~ "'t.'*~.~:- '" " '~ '0;" ~ _ N~> ___-;::t'::'";'w ~u :.~""--- HOME Of PELICAN ISlAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, JULY 26, 2006 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK 1225 MAIN STREET, SEBASTIAN, FLORIDA Individuals will address the City Council with respect to agenda items immediately before deliberation of the item by the City Council 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE LED BY COUNCIL MEMBER NEGLIA 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-05-26) 6. PROCLAMATIONS. ANNOUNCEMENTS, PRESENTATIONS 06.122 1 A. August 1S\ 2006 National Night Out Proclamation Sebastian Police Chief Jim Davis 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 acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. 3-14 A. Approval of Minutes - 7/12/06 Regular.Meeting 06.123 15-20 B. Approve Treasure Coast Crafters Club Show at Riverview Park on December 16 & 17, 2006 from 9:00 a.m. to 4 p.m. (Public Works Transmittal, Application, Information) 06.124 21-45 C. Authorize Staff to Execute Agreements with Florida Department of Correction for Labor Assistance for One-Year Period (City Manager Transmittal, Agreements) 06.125 06.025 47-54 06.113 55-93 05.127 95-115 06.098 8. COMMITTEE REPORTS/RECOMMENDATIONS A. Parks & Recreation Advisory Committee i. Report by Chairman Kevin Miller (no backup) B. Tree & Landscape Advisory Committee - One Position (City Clerk Transmittal, Code, Application, List, Ad) i. Interview Unless Waived and Submit Nominations for Regular Member Position to Expire 9. PUBLIC HEARING Procedures for public hearings (R-05-26) . Mayor opens hearing . Attorney reads ordinance or resolution . Staff presentation . Public input . Staff summation . Mayor closes hearing . Council action Anyone wishing to speak is asked to sign up before the meeting, when called go to the podium and state his or her name A. Continuation of Quasi-Judicial Public Hearing - Resolution No. R-06-14- Sebastian Crossings Commercial Subdivision Preliminary Plat (GMD Transmittal, R-06-14, Staff Report, P & Z Minutes, Application, Report) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE PRELIMINARY PLAT FOR A COMMERCIAL SUBDIVISION KNOWN AS SEBASTIAN CROSSINGS COMMERCIAL; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. 10. INTRODUCTION OFNEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda 11. OLD BUSINESS A. Authorize the Execution of Amendment 1 to Install Wood Flooring and Amendment 2 of the E & D Contracting Services Agreement to Rehabilitate the Old Sebastian Elementary School Building Using Interest Earnings from the Series 2003 Discretionary Sales Tax Revenue Bonds to Fund the Amendments in the Amount of $7,000.00 (City Manager Transmittal, Agreement, Amendments) B. Discussion of Watermark Property (Old WalMart) - David Brown (no backup) 2 12. NEW BUSINESS 06.126 117-119 A. 06.0127 121-124 06.114 125-128 06.128 129-132 06.120 133-139 Resolution No. R-06-17 - Supporting New Middle School on 66th Avenue (City Clerk Transmittal, R-06-17) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, STRONGLY URGING THE INDIAN RIVER COUNTY SCHOOL BOARD TO CONSTRUCT A NEW MIDDLE SCHOOL ON SCHOOL DISTRICT PROPERTY ON 66TH AVENUE, AND TO TAKE IMMEDIATE STEPS TO ALLEVIATE OVERCROWDING CONDITIONS AT SEBASTIAN RIVER MIDDLE SCHOOL. B. Award Construction Contract for Aviation Self-Serve Facility to Glasgow Equipment Service Company in the Amount of $240,960 (City Manager Transmittal, Bid Doc) C. First Reading Ordinance No. 0-06-07 - Overgrown Lots - Schedule Public Hearing for August 23,2006 If Appropriate (City Attorney Transmittal, 0-06-07) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE SECTION 66-3 TO DEFINE OVERGROWN LOTS NEXT TO HOMES AS A NUISANCE; PROVIDING FOR CONFLICTS, SEVERABILITY AND EFFECTIVE DATE. D. E. November and December Holiday Schedule (City Clerk Transmittal, Calendars) BellSouth Utility Easement (City Manager Transmittal, Map, Easement) 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS 06.098 A. B. C. Mr. Paternoster Mr. Neglia Mayor McCollum i. Possible Locations for Community Center from Existing City Properties (no backup) E. Mr. Burkeen F. Ms. Coy 17. ADJOURN (All meetings shall adjourn at 10:30 pm unless extended for up to one half hour by a majority vote of City Council) 3 Procedures for Quasi-Judicial Hearina -Mayor opens hearing -City Council members disclose ex-parte communication -Applicant or agent makes presentation in favor of request following swearing in by City Clerk -Staff presents findings and analysis following swearing in by City Clerk -Council asks questions of the applicant and staff -Mayor opens the floor for anyone in favor of the request (anyone presenting factual information shall be sworn but anyone merely advocating approval need not be sworn in) -Mayor opens the floor for anyone opposing the request -Applicant provided opportunity to respond to issues raised by staff or public -Staff provided opportunity to summarize request -City Council deliberation and questions -Mayor calls for a motion -City Council Action HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. Regular City Council Meetings are Scheduled for Live Broadcast on Comcast Channel 25 ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MA TTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBA TIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINA,TOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. UDcomina Meetinas: August 9, 2006 - 7:00 pm - Regular Council Meeting August 16, 2006 - 6:00 pm - Budget Worksho August 21, 2006 - 7 pm - Special Meeting - Airport Business Plan August 23, 2006 - 7:00 pm - Re~ular Council Meeting September 7, 2006 - 6:00 pm 15 Public Hearing of Budget/Special Meeting September 13, 2006 - 7:00 pm - Regular Council Meeting September 19, 2006 - 7:00 pm Final Public Hearing of Budget/Special Meeting September 27, 2006 - 7:00pm - Regular Council Meeting October 11, 2006 - 7:00 pm - Regular Council Meeting October 25, 2006 - 7:00 pm - Regular Council Meeting 4 rc NATIONAL - - -..-- - ...... - - -.---. - -..-.-.... f)/D)r-KV. ~~ ----- ...... .., HOME OF PELICAN ISLAND ~.I~~a.:-./ f ttOCLAMATIOI\t 01Y OF WHEREAS. the National Association of TOW" Veatch (NATWi is sponsoring a unique. nationwide crime. drug and violence prevention program on August 1st, 2006 entitled "National Night Out": and WHEREAS, the "23rd Annual National Night Ouf' provides a unique opportunity for the City of Sebastian to join forces with thousands of other communities across the country in promoting cooperative, police-community crime prevention efforts; ard WHEREAS. the Sebastian Police Department plays a vital role in assisting the community through joint crime, drug and violence prevention efforts in the City of Sebastian and is supporting "National Night Out 2006 locally; and WHEREAS. it is essential that all citizens of the City of Sebastial' be aware of the importance of crime prevention programs and impact the" ';heir participation can have on reducing crime, drug and violence in our city; and WHEREAS. poiice-community partnerships. neighborhood safety, awareness and cooperation are important themes of the "Nationa! Night Ouf program. NOW, THEREFORE. I. Nathan 8. McCollvrr. by \iiriue ':Jf the authority vested in me as Mayor of the City of Sebastian, Florida. do hereby call upon an citizens of Sebastian to join the Sebastian Police Department and the National Association of Town Watch in supporting the "23ro Annual National Night Out" and further proclaim Tuesday, A.ugust 1 st, 2006 as "National Night Out" in the City of Sebastian. IN WITNESS WHEREOF. I h8ve he~eu:lto S8' ..,.,y hand ;::l'lO caused the Seal of the City of Sebastian to be affixed this 26th day of July 20G6. ---hLf-=--- Nathan B. McCollum. Mayo- CD m HOME OF PELICAN ISlAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JULY 12, 2006 -7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor McCollum called the regular meeting to order at 7:30 p.m. A Board of Adjustment meeting held prior to this meeting ended at 7: 19 p.m. 2. Council Member Coy led the Pledge of Allegiance. 3. A moment of silence was held. 4. ROLL CALL City Council Present: Mayor Nathan McCollum Council Member Andrea Coy Council Member Sal Neglia Council Member AI Paternoster City Council Absent: Vice-Mayor Brian Burkeen (excused) Staff Present: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Parks Supervisor, Chris McCarthy Police Lieutenant, Bob Lockhart MIS Systems Analyst, Barbara Brooke 4. 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- 05-26) The City Clerk noted that item 12A the BellSouth Easement was to be pulled by the City Attorney. On MOTION by Ms. Coy and SECOND by Mr. Neglia the agenda was modified as requested on a voice vote of 4-0. Q) Regular City Council Meeting July 12, 2006 Page Two 6. PROCLAMATIONS, ANNOUNCEMENTS, PRESENTATIONS 06.012 A. State Representative Ralph Poppell (R-Vero Beach) - 2006 Leoislative Update Mayor McCollum introduced State Representative Poppell and thanked him for maintaining an office in City Hall. Representative Poppell thanked the City for the office opportunity and then gave a brief 2006 legislative update. Mr. Neglia requested any input that Representative Poppell may have on the three percent save our home tax cap question. Representative Poppell said he does not like referendums, thinks it is noble to try and reduce taxes, but noted these are local dollars and people should be very careful of constitutional amendments. Mayor McCollum said he would be willing to participate in any committees on this issue if needed. Ms. Coy asked that people affected by the hurricanes who lost their homestead exemptions be considered when this issue is being addressed. Mr. Paternoster inquired if some of the affordable housing funds are set aside for seniors and workforce housing. Representative Poppell said that is how the issue started. Damien Gilliams said he wanted an opportunity to ask Representative Poppell for assistance with boat ramps and parking in the riverfront district. 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 acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. 1-9 A. 06.121 B. 11-14 06.121 C. 15-20 Approval of Minutes - 6/28/06 Regular Meeting Approve Asphalt Overlay Contract with Elmo Greer & Sons for a Cost of $88.00 a Ton, Not to Exceed $100,000 (Engineering transmittal, bid tab, street list) Approve Street Renourishment Contract with Asphalt Recycling, Inc. Based on Piggyback Pricing from Seminole County Not to Exceed $50,000 (Engineering transmittal, street list, Seminole pricing) 00 2 Regular City Council Meeting July 12, 2006 Page Three 06.066 21-26 06.117 27-36 06.117 37-46 06.117 47-56 06.118 57-62 06.066 21-26 D. Approve Riverview Park Restroom Lift Station Construction to Derrico Construction in the Amount of $60,339 E. Award Bid to Playmore West, Inc. to Install Playground and Benches at Bryant Court Park in the Amount of $30,635.00 and Appropriate $2,000 from Riverview Park Phase IV Project Savings (Parks transmittal, price form, bid tab, drawings, references, analysis, summary) F. Award Bid to Playmore West, Inc. to Install Playground, Swing Set and Benches at Blossom Street Park in the Amount of $38,720.00 and Appropriate $19,000 from Riverview Park Phase IV Project Savings (Parks transmittal, price form, bid tab, drawings, references, analysis, summary) G. Award Bid to Miller Recreation to Install Playground and Benches at Easy Street Park in the Amount of $28,189.84 and Appropriate $10,000 from Riverview Park Phase IV Project Savings (Parks transmittal, price form, bid tab, drawings, references, analysis, summary) H. Authorize Settlement & Reimbursement to Florida League of Cities in the Amount of $12,750 (Finance transmittal, request, release, settlement) Mr. Paternoster removed items D through H. On MOTION by Mr. Neglia, and SECOND by Mayor McCollum, items A, B, and C were approved on a roll call vote of 4-0. D. Approve Riverview Park Restroom Lift Station Construction to Derrico Construction in the Amount of $60,339 Mr. Paternoster asked the City Manager the difference in the scope of work and the City Manager explained the bidding process, and said earthwork and other ancillary items such as landscaping and fences would be done in-house. He said the entire project should be completed by September. He said the project will be paid from left over funds from $200,000 previously budgeted for the band shell. Damien Gilliams, 1623 US 1, said if this is CRA money being used for recreation, which has a separate tax, it is wrong. The City Manager said these are not CRA funds. @ 3 Regular City Council Meeting July 12,2006 Page Four 06.117 27-36 06.117 37-46 06.117 47-56 06.118 57-62 GJ On MOTION by Mr. Paternoster, and SECOND by Ms. Coy, the allocation of funds as stated by the City Manager for the lift station in Riverview Park (item D) was approved as recommended by staff on a roll call vote of 4-0. E. Award Bid to Playmore West. Inc. to Install Playground and Benches at Bryant Court Park in the Amount of $30.635.00 and Appropriate $2.000 from Riverview Park Phase IV Proiect Savings (Parks transmittal. price form. bid tab. drawings. references. analysis. summary) Award Bid to Playmore West. Inc. to Install Playground. SwinQ Set and Benches at Blossom Street Park in the Amount of $38,720.00 and Appropriate $19.000 from Riverview Park Phase IV Proiect SavinQs (Parks transmittal. price form. bid tab. drawings. references. analysis. summary) F. G. Award Bid to Miller Recreation to Install PlaYQround and Benches at Easy Street Park in the Amount of $28.189.84 and Appropriate $10.000 from Riverview Park Phase IV Project SavinQs (Parks transmittal, price form, bid tab. drawings. references. analysis. summary) Mr. Paternoster said he would combine items E, F and G with one question; and asked if these were handicapped accessible. The City Manager said they were not and explained how these parks were planned prior to his arrival and that the additional appropriations recommended were there for additional concrete and landscaping work by in-house staff. The Parks Supervisor said that ordering the playgrounds will take the longest and when we have full crews we can get the concrete work done. On MOTION by Mr. Paternoster, and SECOND by Ms. Coy, items E, F and G were approved on a roll call vote of 4-0. H. Authorize Settlement & Reimbursement to Florida LeaQue of Cities in the Amount of $12.750 (Finance transmittal. request. release. settlement) Mr. Paternoster asked for further information on the case. The City Attorney said an employee ran a red light and there were medical bills and a total on the vehicle. He said FLC has authority to settle claims and he makes sure they are brought to Council even though it is below the spending threshold. He said there are bills to justify the amount and there is currently no deductible. On MOTION by Mr. Paternoster, and SECOND by Mr. Neglia, item H was approved on a roll call vote of 4-0. 4 Regular City Council Meeting July 12, 2006 Page Five 8. COMMITTEE REPORTS/RECOMMENDATIONS 06.022 63-70 A. Code Enforcement Board (City Clerk Transmittal, orders) i. Receive Code Enforcement Orders Received. 06.024 71-80 B. Construction Board - Fill One Alternate Position (City Clerk Transmittal, code, application, list, ad) i. Interview, Unless Waived and Submit Nominations for Alternate Member, Concerned Citizen Position to Expire 9/30/07 The only applicant, Shawn Hosey, addressed the City Council. Mr. Neglia nominated Mr. Hosey and he was appointed to the alternate position. 9. PUBLIC HEARING 06.096 81-88 A. Second Reading and Public Hearing - Ordinance No. 0-06-06- Code Enforcement Special Magistrate (City Attorney Transmittal. 0-06-06) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 2, ARTICLE VI, DIVISION II, CODE ENFORCEMENT BOARD AND RENAMING SAID DIVISION CODE ENFORCEMENT; AMENDING CODE TO REFLECT USE OF SPECIAL MAGISTRATE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. (PJ ad 6/28/06) The City Attorney read Ordinance No. 0-06-06 by title. Mayor McCollum opened the hearing at 8:38 p.m. and being no input he closed it. Mr. Paternoster inquired about the meaning of "reasonable belief' and "probable cause" and the City Attorney responded that this is a lesser standard than police standards. Mr. Paternoster asked for clarification of the word "may" in regard to imposing penalties when someone waives the right to a hearing, the City Attorney stated that a citation has a debt amount but it is a judgment and we hav~ to go after it. Mr. Neglia asked if the time frames would be revamped when the magistrate comes on board. The City Attorney responded that "reasonable time" to come into compliance would depend on the offense and a reasonable time to alleviate the matter. On MOTION by Ms. Coy, and SECOND by Mr. Neglia, Ordinance No. 0-06-06 was adopted on a roll call vote of 4-0. 8 5 Regular City Council Meeting July 12, 2006 Page Six 171 ~ 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 Steve Buttles, 491 Biscayne Lane, said he is being flooded out by new construction and exhibited photos adjacent to his home and other areas in his neighborhood. He said no one is enforcing builders to do the right thing and standing water is causing a health risk; and he is being told by the City and the builder that it is not their responsibility to fix it. The City Manager said Sebastian has back ditches, front swales and in some cases back swales and that Mr. Buttles' situation is a back swale and back swales are not designed for drainage. He said new houses are being built to be above the water table, and are required to drain off water from their property, and this problem is being seen for houses built in the 80's which drained off into undeveloped lots. He said because of higher houses, the low lying properties can no longer drain off their own water and it pools. He said a group of staff members and Mr. Paternoster met to discuss these issues and the final determination is that they agreed they were not sure this was the city's problem but at some point government has to get involved and see what it can do to help. Mr. Paternoster said some conditions they saw today on a tour around town are deplorable. He said he asked at the meeting whether staff looks at elevations when considering a site plan, and should people who have lived here for many years now have to live in squalor because of the current elevation situation. He said if you look in the codes there are city responsibilities to make sure that drainage flows and engineering keeps an eye on what is going on. The City Attorney said they have to be looked on case by case because there are situations where lack of improvements are causing water to puddle, situations where a lot was not set to drain properly when it was built twenty years ago and they suddenly didn't have their neighbors yard to drain into, and situations where something is draining onto their lot that shouldn't. He said the effect of the state's requirement for higher elevations is stopping the flow of water off of older lots. He said there are many ways to look at solutions to retrofit old development, but asking new houses to pay for the problem is not appropriate because they are doing what they are supposed to do. He said houses built in the old days have settled because debris was plowed under. Mr. Buttles said as long as there is contoured drainage you can move the water to the front of the property; and expressed concern about mosquitoes. He was advised to contact Mosquito Control. Mr. Paternoster suggested that there are private property issues to consider, that he wants to help with these problems, and perhaps a workshop is needed. Mayor McCollum said if this is a private property issue there could be liability and the City Attorney reiterated it is a case-by-case issue and said you don't want to use taxpayer money to fix individual problems. 6 Regular City Council Meeting July 12, 2006 Page Seven Mayor McCollum said situations like the photos he sees tonight are happening day after day, that the Treasure Coast Builders Association said it would help but Mr. Buttles pictures are proof that the problems are still going on, and we need to start red tagging builders and fining them. Ms. Coy asked Mr. Buttles if the current problems are due to new construction today. Mr. Buttles said the adjacent house was completed nine months ago and then presented a letter whereby the Holiday Builders agreed to help him. Ms. Coy said she had dealt with the City and the builders and there have been successful resolutions in at least two cases. She said there are things that can be done such as putting a drainage ditch in between the two lots rather than a steep slope right onto the adjacent property. She said it is a personal property rights issue but is hoping the city is not saying there is nothing we can do. Ms. Coy said flooding is a common problem throughout the highlands and said she does not want this dropped and does not want the city to say it cannot do anything. Mr. Paternoster said there is a private property and easement issue, but there are problems with swales and dumpsters in the front of the houses, and some of the problems run with the need for proper slope. Mr. Buttles said properties should be prepped properly before they build to keep water flowing. Ms. Coy said it is time to send Code Enforcement out and start fining builders if they are not meeting what they said they were going to do. Mayor McCollum asked the City Attorney to bring back a legal opinion on this issue. Mr. Paternoster recommended putting this on the next agenda, however, Mayor McCollum said the City Attorney would need time to research and it should be a separate meeting. ???, 1274 Barber Street, said he was also getting flooded out and that Barber Street was covered with potholes and cracks. He said he had called about a large pothole at 1290 Barber Street for two weeks and it is still not fixed. Dale Simchick, South Easy Street, reported that Sebastian Harbor's owner has officially withdrawn his permit application; however, on June 29 a new application was submitted for 116 homes on a 58-acre parcel and this would allow only one egress to Englar Drive. She said this will affect police and fire, schools, and asked Council to be involved with the Englar Drive level of service throughway. Damien Gilliams, Sebastian, commended the City Attorney for providing office space for Representative Poppell, recommended offering space to Representative Mayfield, discussed the need for boat ramps and parking in the Riverfront District with state money available, commended Mr. Paternoster for his work on drainage and said this is a comprehensive problem, reminded Council that every taxpayer is being charged a drainage fee, suggested retention ponds in hot spots in the highlands, asked if the moratorium at the airport will ever end and asked what the holdup is, said he hopes we don't consider the Skillman property for a ~ 7 Regular City Council Meeting July 12,2006 Page Eight community center, commended Council for taking the lead in the school issue, discussed the passing on of the clambake leadership, was concerned about the City being a partner and asked that the taxpayers be reimbursed for all the money laid out in previous years, recommended establishing a wi-fi connection in the City, recommended against the sale of fuel at the airport, said the closing of City Hall should have been approved by Council, said if businesses have to use Waste Management they should be more competitive with their prices, said the 4th of July was great and thanked City Manager and Chief for keeping Indian River Drive open during the day, asked about Planning and Zoning progress on backing out of businesses in the Riverfront District. The City Manager said P & Z has discussed it and was not favorable with the idea and if Council wanted to continue it he will bring it back to them. Ms. Coy said she was satisfied with the result and unless other Council members are interested in pursuing it she would let it drop. Mark Wilson, 510 Browning Terrace, said Adams House built a house on Coverbrook and Rolling Hill and said the elevation is so high he has a swamp in his back yard. Mayor McCollum said the City Attorney is going to bring back an opinion on this. Mr. Wilson said he cannot find the number for mosquito control. Mayor McCollum called recess at 9:50 p.m. and reconvened the meeting at 9:55 p.m. All members at roll call were present. 11. OLD BUSINESS 06.094 89-90 GiJ A. Conlon Landscaping. Inc. Swale/Ditch Mowing Contract Extension #2 (Public Works Transmittal. explanation. map) The City Manager reiterated his recommendation for extension #2 to the Conlon Mowing Contract as set out in the agenda packet, however, he said we actually have excess cash in the amount of $1 M in the stormwater utility fund which won't be needed for Easy Street for at least a year, and then advised to pay ourselves back we will use the stormwater utility fee next year. ???, asked Mr. Minner about the Barber Street and Benedictine Terrace ditch and the City Manager showed him the area on the map he had displayed for the audience. Louise Kautenberg said she is happy to know that her ditch will be cleared, but said the Evernia and Iris Street ditch is very steep and is not on the map. Ms. Coy said this is a project that needs to be continued year after year. Mr. Paternoster asked if the map accurately depicts all the ditches in the city and will this figure completely take care of everything. The City Manager said that figure would take care of everything depicted on that map. 8 Regular City Council Meeting July 12,2006 Page Nine Mr. Paternoster asked if the City Manager added Evernia and Iris. The City Manager said he will take a look at it but has to stay true to this map. Mr. Neglia said he was in favor of this whatever it takes. On MOTION by Mr. Paternoster, and SECOND by Ms. Coy, the appropriation of $230,000 was allocated for the Conlon contract extension #2 on a roll call vote of 4-0. Mayor McCollum asked to address an item under his matters at this time because of the late hour and Council concurred. A. Mayor McCollum i. Confirm MPO CAC Appointee. Don Wrioht 06.078 103-105 On MOTION by Mayor McCollum and SECOND by Ms. Coy, Don Wright was appointed as the MPO Citizen Advisory Committee member on a voice vote of 4-0. 06.097 91-100 B. Cain House Consideration (City Manaoer Transmittal. memo. estimate of repairs) The City Manager reiterated his agenda report but said Joe Graham had spoken with him today about possibly taking ownership and relocating the Cain House, and asked Council to give him direction either way. Mr. Paternoster suggested giving Mr. Graham an opportunity to move the house and give him until the next meeting to have it signed, sealed and delivered or demolish the house. The City Manager suggested giving him thirty days from today to relocate the house. Mr. Neglia recommended if we go that way that he pay all moving costs. The City Manager said if this happens Mr. Graham would absorb all costs. Mayor McCollum said his concern was that we have spent tax money and we should put out an RFP, and the City Manager said an RFP was run from mid May to mid June with no responses. Mayor McCollum said we can direct the City Manager that Mr. Graham can take the house but has to move it within thirty days at no cost to the City. The City Manager said there are other issues that have to be addressed such as what he would be required to do with the house and how quickly he has to do it if he relocated it; and said his recommendation is still to demolish the Cain House. Louise Kautenberg, member of the Historical Society, said she is very disappointed in the Council for dropping the ball on this, and said the Historical Society recommended putting it in the historical district to get grants, however, Mayor McCollum clarified there was never a guarantee of any grants. Damien Gilliams said he applauds the Council for this decision and recommended burning it. (0 9 Regular City Council Meeting July 12, 2006 Page Ten Mr. Neglia said he is concerned about this 11th hour deal with Mr. Graham. On MOTION by Mr. Neglia, and SECOND by Mr. Paternoster, Council agreed to demolish the Cain House for a price up to $15,000 as soon as possible on a roll call of 4-0. The City Manager said if it costs over $5,000 he'll come back to Council. 06.119 101 C. Skillman Land Offer - Potential Community Center Location (E-mail, map) Mayor McCollum said he never suggested this for a community center site, but a public meeting was his only opportunity to ask if Council had any interest in the site. On MOTION by Mayor McCollum and SECOND by Mr. Neglia the meeting was extended to 11 pm on a voice vote of 4-0. Ms. Coy said a community center is not a priority at this time and would like to look at properties we currently own. John Oakes, Sebastian said spending $ 3.3M on new property for a community center would be irresponsible. Damien Gilliams said the six acres on the riverside would be ideal for a community center. Mr. Paternoster said he thought this issue had been put aside for now, and Mr. Neglia agreed that we already own properties we can use. City Council members did wish to extend their thanks to Mr. Skillman for making the offer. On MOTION by Mr. Neglia, and SECOND by Mr. Paternoster, Mr. Skillman's offer was rejected on a voice vote of 4-0. 12. NEW BUSINESS 06.120 A. Authorize BellSouth Easement (no backup) This item was removed from the agenda during modifications. 13. CITY ATTORNEY MATTERS Apologized for not putting the requested lot clearing ordinance on the agenda for first reading. 14. CITY MANAGER MATTERS The City Manager reported on the installation of the special needs playground behind the Police Department lot. ~./Li) l~/ 10 Regular City Council Meeting July 12,2006 Page Eleven 15. CITY CLERK MATTERS The City Clerk reported that the first of two Charter Review Committee public hearings would take place next Monday at 6 pm. 16. CITY COUNCIL MATTERS A. Ms. Coy Ms. Coy gave kudos to the Lions Club and City and everyone involved in the Fourth of July event and on the dodo side advised putting Code Enforcement on alert because she will be touring the City looking for construction problems and will be calling them in. B. Mr. Paternoster i. Quarter Round Pipe Installation (no backup) 06.008 Mr. Paternoster said the City Engineer is contacting SJRWMD for permission for installation of ten to twelve miles of quarter rounds and asked the City Manager how much money he is going to give him; and then said he would like to dedicate $800,000 from both this year's budget and next year's budget. The City Manager said we try to work on this to try to squeeze it into next year's budget from DST funds. Mayor McCollum agreed with waiting for word from SJRWMD and said he wanted to see if quarter rounds were going to work. Mr. Paternoster said he was trying to get an appropriation from this fiscal year and next fiscal year. Ms. Coy said she would rather wait until the end of the fiscal year, and did not feel comfortable doing it tonight. Mr. Paternoster suggested appropriating half the amount at this time. The City Manager reiterated that we need to get SJRWMD approval first before any appropriation is made. Mr. Neglia agreed this cannot be done until SJRWMD approval is received. C. Mr. Neqlia Mr. Neglia said the 4th of July was great and the parking was handled well; reported on the County Commission approval of the purchase of the Archie House Fish House; and said he can't believe that Code Enforcement is digging things out of the ground and cited the situation on Melrose where dangerous poles were dug out of the ground by Code Enforcement. (~"'\ ~) 11 Regular City Council Meeting July 12, 2006 Page Twelve D. Mayor McCollum Mayor McCollum asked that an item be placed under his matters for the next meeting to pick possible locations for a community center. E. Mr. Burkeen Absent. 17. Being no further business, Mayor McCollum adjourned the regular meeting at 10:55 p.m. Approved at the July 26, 2006 Regular City Council Meeting. Nathan B. McCollum, Mayor ATTEST: Sally A. Maio, MMC - City Clerk @ 12 HeM.! OfFWCAN ISl..AND City of Sebastian, Florida Subject: Approval for Treasure Coast Crafters Club Craft Show at Riverview Park on December 16 &17, 2006. Agenda No. blo.123 r Submittal by: r, City Manager Department Origin: Public Works Department Head: ~ ~Cl..~ Finance Director: City Attorney: ~ City Clerk: . ~ Date Submitted: July 19,2006 For Agenda of: July 26, 2006 Exhibits: Application and information on charitable donations Treasure Coast Crafters have made in the area. EXPENDITURE REQUIRED: None BUDGET AVAILABLE: NIA APPROPRIATION REQUIRED: None BackQround The Treasure Coast Crafters Club is seeking Council approval for a Craft Show at Riverview Park. The show would be on December 16 & 17, 2006 from 9 AM until 4 PM. Staff has met with representatives from Treasure Coast Crafters and received full payment for their show. The attached information letter outlines some of the charitable donations made by the club. They expect to have 45 to 55 exhibitors and only use the west end of the Park by U.S. 1. This will be the fourth year the Treasure Coast Crafters has held a show at Riverview Park. They work well with staff and we have had no problems at all with their event. SUMMARY Move to approve Treasure Coast Crafters Club Craft Shows on December 16 & 17, 2006 from 9 AM until 4 PM at Riverview Park. @ @ ~-- _._.___'h ___._____..____..... ... 01Y OF SE_AST~ ~~-'L~ - -=--1'" . ;'-::"""'.:~ _~. ... - "-- :!-II:.=-.. . v . HOME OF PELICAN ISlAND 1225 Main Street. Sebastian. Fl 32958 Telephone (772)589-5330 - Fax (772)589-5578 CITY OF SEBASTIAN PARK USE PER!1IT APPLICATION Park Event - 50 to 300 Attendees $50.00 Application/Permit Fee Please check the appropriate Box: or /+/?1)vr itJO IN .' Special Event ~ or More Attendees :< pfJYS $100.00 Application Fee Date: Mil j -1f; 010 . , Name of Permittee: '~<:/JI2t; ~LJJ961T C'/2/f?TERS Permits Hay Only be issued in he Ham of an Adult or legally Organized Organization Address :. ,') 8tJ'../ ,~/L V E/e tJ,4-j<. ,oR , J=T ?/~J2(E FL 0f-c;r~ , , Mail ing Address: ,,-)jq-me /Is. j9-.tJ?J'V F .. TelePhone:' 1-7~;< - '/-$"9"" S${)q Name of Organization or Group: rRElJ:5'tJJ€E C7JI7:.fT C',RI9-.FTC:;T: S Reason for Use: C /2;q-PT S"?HiJw Requested Date(s) Pet: II.? ;r.}-fl/P /7 Rain Date: WHA-'/ /3'{)c;( jYJG-~ WOULP e-J<.IJ-IVT tiS'. Time of Use: From: 9' ' To: If Will there be any sale of goods? Yes)( No If yes, please describe type of goods on back. Food or other types of vendors? Yes No /\//) If yes, please list name, address and type of vendors aAd schematic of any structures to be erected or otherwise assembled on back. Office Use Only: Pemlil Fee Paid Dale Initials Park Application Continued - If Requirec List any vendor information and/or schematics on this page. . NAME ADDRESS I TYPE I I flplJlp CJ:!-A-F rE.- D ITElns 11119->># BY I/G/Z/J)()RS I I " . , Schematic~ 1" '1' SA-1ft Y2 t) 0 iP\ " ~ -trr' i:...J' V') \.J"\ ~ :::j ~ peC1a on 1 10ns 0 erm1t as equested by City Manager OFFICE USE ONLY S . 1 C d't' f p R @ To Chris McCarthy; The Treasure Coast Crafter's purpose is to encourage crafters to make their own products, and to recruit members in order to sell them. We charge a small feeto rent a 10 x 12 space in a park or similar location, for crafters to sell their products. We offer the same to non-members hoping they will become members. Advertising, pennits, banner pennits and other charges are paid out I of the club treasury. Any overage, after expenses, are given to local Charities. In the past years we have g~ven gifts to: . United Way, Stuart, Humane Society in Vero, Heritage in Vero, Food Bank in Ft. Pierce, Salvation Anny in Ft. Pierce, Hospice of The Treasure Coast, in Martin County and Ft. Pierce and the Ft. Pierce Main Library, and Momingside Branch Library in P.S. L We are currently working with VNA in Vero to hold a show for their benefit. Many of our members . are also members of the Sebastian Craft Club. Thank you Chris for your kindness to us. ~-Ak_ ~~ B;:;l; ~~ ~t, Secretary ! Treasure Coast Crafters L-___ ___ @ CITY OF SEBASTIAN PUBLIC WORKSlENGINEERING RECEIPT 2998 Name -r~~.V\S.\"\...f"-'i...- \SeAS,,\" C~tAFT'a::\4S.o Cash ~A ,~-' l~ '"2" Date \-..., - l l , o,;,,:~\D ril"theck # \ 0 <g '3 Amount Paid 001001 208001 Sales Tax 001501 322050 Driveway Permit L -' B _' U_ 001501 322900 Street Opening Permit & Engineering Fees 680800 220301 Street Opening Security Deposit 001501 341910 Zoning Map 001501 341920 Copies 001501 362100 Community Center Rent 001501 362100 Yacht Club Rent 001501 362150 Park Rent PavilionlElectric l:L - \ b~ ~ '4 - c b \.. 0 C' . U C 680800220681 Yacht Club Security Deposit 680800 220682 Community Center Security Deposit 680800 220683 Riverview Park Security Deposit ~'1v.- Initials Total Paid ; ec. 0 C White - Dept. of Origin. Yellow - Finance · Pink. Applicant @ aIYOJ HOME Of PELICAN ISLAND CITY OF SEBASTIAN AGENDA TRANSMITIAL Subject: Interagency Agreement - Florida Department of Corrections - Indian River Correctional Institute Agenda No. Ola. (2L Department Origin: Department Head: Finance Director: City Attorney: 0/./7 A' ~ City Clerk: ~ Date Submitted: July 17, 2006 For Agenda of: July 26, 2006 Exhibits: Agreements for Public Works, Cemetery and Police Department EXPENDITURE REQUIRED: -0- AMOUNT BUDGETED: -0- APPROPRIATION REQUIRED: -0- FUNDING SOURCE: -0- SUMMARY It has been the practice in the past years to enter into an agreement with the Department of Corrections for free labor to assist the city with projects and other clean up procedures. Indian River Correctional Facility has again submitted agreements for one year to work with the Sebastian Police Department, the Sebastian cemetery and the Public Works Department. The Public Works Department recommends approval of this agreement at this time. RECOMMENDED ACTION Move to authorize staff to execute the agreements with the Florida Department of Corrections for labor assistance for a one-year period effective 7-31-06 through 6-30-07 for the Public Works Department, the Sebastian Cemetery and the Sebastian Police Department. @ @ P l-Lb I t'c LJ 0 {i ((S FLORIDA DEPARTMENT OF CORRECTIONS' INTERAGENCYIPUBLIC WORKS AGREEMENT (LOCAL AGREEMENT) This Local Agreement made and entered into this 31 day of July. 2006, by and between the State of Florida, Department of Corrections, through its institution/facility, mdian River Correctional mstitution, and the Sebastian Public Works, is done so in accordance with section 946.40, Florida Statutes and Rule 33-601.201, Inmate Work Program, and 33-601.202, Use of Inmates in Public Works, Florida Administrative Code. Work performed under this Local Agreement is determined to be value added or cost savings as defined in the Community Work Squad Manual ( check one). L Value Added _Cost Savings I. TERMlRENEW AL This Local Agreement shall begin on the last date of signature by all parties. This Local Agreement shall remain in effect from year to year unless terminated by either party, pursuant to the provisions of Section VII., Suspension or Termination of Local Agreement. II. FINANCIAL OBLIGATIONS The Department and the Agency acknowledge that this Local Agreement is not intended to create financial obligations between the parties. However, in the event that costs are incurred as a result of either or both of the parties performing their duties or responsibilities under this Local Agreement, each party agrees to be responsible for their own costs. III. DEPARTMENT'S RESPONSmILITIES The Department agrees to provide, or is responsible for, those items delineated by placement of an "X" in the space located to the left of the corresponding number. Items for which the Department is not responsible shall be marked "N/A" to the left of the number. X 1. Screen inmates for the work to be performed in order to assign inmates who do not present a danger to property or persons. X 2. Provide up to 1 inmates each workday for the period of the Local Agreement. Community custody ( ); Minimum custody ( ); Both (X). X 3. Provide Correctional Officer supervision of the work squad while performing work under this Local Agreement. x 4. Provide 1 vehicle( s) and 1 Correctional Officer( s) each workday to transport inmates to and from the work site. DC6-246 (Revised 9/05) @ Inmate Labor Agreement X 5. X 6. X 7. X 8. X 9. X 10. N/ A 11. N/A 12. X 13. X 14. X 15. X 16. X 17. @ Page 2 of? Provide food and drinks for inmate lunches. Provide drinking water for inmates. Apprehend escapees and handle problem inmates. Provide transportation from the work site to the correctional facility for inmates who refuse to work, become unable to work, or cause a disruption in the work schedule. Administer all disciplinary action to be taken against inmate(s) for infractions committed while performing work under this agreement. Provide for medical treatment of ill or injured inmates and transportation of such inmates. Conduct a background check, which includes a criminal history check, and obtain approval of the Department's Agreement Manager, or designee prior to authorizing Non-Department Supervisors to participate in training to supervise inmates. Provide orientation and training to Non-Department Supervisor(s) approved to supervise inmates prior to their assuming supervisory responsibility of an inmate work squad. Training will be in accordance with the Department's guidelines for Non-Department Supervision of Inmates and will include annual refresher training during each successive year of supervision by the Non-Department Supervisor. Notify the Agency in the event that an Agency employee fails to provide proper supervision ofinmate(s). Provide inmates with all personal items of clothing appropriate for the season of the year. Have inmates ready for transportation/work at the appropriate times regardless of temperature or inclement weather, unless notified by the Agency of suspended work operations, or when the Department determines that a work squad should not check out. Provide a First Aid Kit and Blood Borne Pathogens Personal Protective Kit to each work squad. Orientate each inmate in the use of equipment regardless of the inmate's claim to have had prior experience in the use of gasoline or electrically powered equipment before allowing the inmate to use it. Utilize form DC2-569, Inmate Safety Training, to document that the inmate has had the training. This report shall be kept on file at the contract work site and by the Department's Agreement Manager. DC6-246 (Revised 9/05) Inmate Labor Agreement x Page 3 of7 18. Other. (If provided, shall be Attachment A, incorporated herein by reference and made part of this Agreement.) "Other" special considerations regarding activities of the work squad may be based on work location, etc. IV. AGENCY'S RESPONSIBILITIES The Agency agrees to provide, or is responsible for, those items delineated by placement of an "X" in the space located to the left of the corresponding number. Items for which the Agency is not responsible shall be marked "NIA" to the left of the number. X N/A 2. N/A 3. X 4. X 5. N/A 6. N/A 7. N/A 8. 1. Provide the Department with a schedule of hours that imnates will work in accordance with the established workday for the Agency and the transportation time required. Any deviation from the established schedule will be reported to, and coordinated with, the Department. The established schedule for this work squad is: Days 1 , Hours 12 Provide supervision of imnates in accordance with the Department's rules and regulations while performing work under this Local Agreement. Non-Department Supervisors may supervise Community and Minimum Custody inmates. Each Non- Department Supervisor must successfully pass a background check that includes a criminal history check, and must be approved by the Department's Agreement Manager, or designee and complete required orientation/training in the supervision of inmates, prior to assuming supervision. Provide transportation of imnates each workday to and from the work site. Provide all tools, equipment, materials and safety personal items such as gloves, rubber boots, hard hats, etc., necessary and appropriate for performance of the work under this Local Agreement. Ensure that licensing or permits are obtained if required for the work to be performed under this Local Agreement. Provide necessary supervision and guidance for projects that require a permit and require technical assistance to complete the project. Immediately notify the Department in the event of an escape while the inmate is under supervision of the Agency. Report any inappropriate behavior displayed by inmates or any inmate who fails to perform tasks in an acceptable manner. Complete the Community Work Squad Activities Report, DC6-239 (to be provided by the Department) daily and submit the form on a weekly basis to the Department. Report all inmate injuries, regardless of how minor in nature, to the Department as soon as possible. Report any medically related complaints made by an inmate to the Department as soon as practical. In cases of emergency, render first aid, within the scope of the supervisor's medical training, to work squad imnates and provide emergency health care and related assistance to the Department. DC6-246 (Revised 9/05) @ Inmate Labor Agreement Page 4 of7 --- N/ A 9. Provide inmates with a fifteen-minute rest break in the morning and afternoon. Lunch breaks shall normally begin at Noon and last at least thirty (30) minutes. Ensure inmates are supervised during rest and lunch breaks. N/A 10. Provide drinking water for inmates. N/A 11. Require each Non-Department Supervisor approved to supervise inmates and other appropriate staff members, to attend orientation/training in the supervision of inmates prior to assuming supervision of inmates and refresher training annually thereafter. Training will be provided at a Department location. Upon the Department's issuance of a Training Certification Card, the Agency shall require non-department personnel to carry this card when supervising inmate labor. X 12. Ensure that all work assignments/projects utilizing inmates are authorized projects of the municipality, city, county, governmental agency or non-profit organization and that private contractors employed by the Agency do not use inmates as any part of their labor force. X 13. Agency hereby agrees to be liable for, and shall indemnify, defend and hold the Department harmless from all claims, suits, judgments or damages including court costs and attorney's fees arising out of intentional acts, negligence or omissions by the Agency in its supervision of inmates pursuant to this Local Agreement. If agency is an agency or subdivision of the State of Florida, this paragraph shall not be interpreted as altering the state's waiver of immunity in tort pursuant to Section 768.28, Florida Statutes, or to otherwise impose liability on Agency for which it would not otherwise by law be responsible. N/ A 14 Orientate each inmate in the use of equipment regardless of whether the inmate claims to have had prior experience in the use of gasoline or electrically powered equipment before allowing the inmate to use it. Utilize form DC2-569, Inmate Safety Training Documentation, to document that the inmate has had the training. This report shall be kept on file at the contract work site and a copy shall be provided to the Department. N/A 15. It is the intent of this Local Agreement that the agency/work squad have and maintain communications with the institution at all times. A method of communication (radios, cellular phone, etc.) shall be provided at no cost to the Department. The Agency shall provide a primary method of communication that shall be approved by the Department's Agreement Manager in writing prior to assignment of the work squad. Dependent upon the method of communication provided, the Agreement Manager may require a secondary or back-up method of communication. @ N/A 16. Type of Communication utilized in this Local Agreement:_ Provide a First Aid Kit and Blood Borne Pathogens Personal Protective Kit to each work squad. DC6-246 (Revised 9/05) Inmate Labor Agreement Page 5 of7 X 17. Ensure that the Work Squad does not work on school property or primary elementary or secondary education institutions where students are present. N/A 18. Other. (If provided, shall be Attachment A, incorporated herein by reference and made part of this Agreement.) "Other" special considerations regarding activities of the work squad may be based on work location, etc. V. AGREEMENT ADMINISTRATION A. Department's Agreement Manager The Warden of the Correctional Institution represented in this Local Agreement is designated Agreement Manager for the Department and is responsible for enforcing performance of the Local Agreement terms and conditions and shall serve as a liaison with the Agency. The, address and telephone number of the Department's Agreement Manager for this Local Agreement is: (Location) (Address) Indian River Correctional Institution 7525 17th Street SW Vero Beach, FL 32968 (Telephone #) 772-564-2795 (Fax #) 772-564-2880 B. Community Work Squad Coordinator The Assistant Warden designated by the Warden, is responsible for ensuring compliance with the requirements of this Local Agreement. C. Department's Agreement Administrator: The Chief, Bureau of Purchasing, is designated Agreement Administrator for the Department and is responsible for processing Agreement Amendments and terminations of the Agreement, and will serve as a liaison with the Agreement Manager for the Department. The address and telephone number of the Department's Agreement Administrator is: Chief, Bureau of Purchasing Florida Department of Corrections 2601 Blair Stone Road Tallahassee, Florida 32399-2500 (850) 410-4091 DC6-246 (Revised 9/05) @ Inmate Labor Agreement Page 6 of7 D. Agency's Representative The name, address and telephone number of the representative of the Agency is: Linda Rosado Administrative Lieutenant 7625 17th Street SW Vero Beach, FL 32968 (Telephone #) 772-564-2845 (Fax #) 772-564-2880 (E-mail)rosado.linda@mai1.dc.state.f1.us (Name) (Title (Address) VI. DISPUTES Any dispute concerning performance of the terms of this Local Agreement shall be resolved informally by the Department's Agreement Manager. Any dispute that can not be resolved informally shall be reduced to writing and delivered to the Department's Correctional Program Administrator, Office of Institutional Support. The Correctional Program Administrator shall decide the dispute, reduce the decision to writing, and deliver a copy to the Department's Agreement Manager, the Agency Representative and the Department's Agreement Administrator. VII. SUSPENSION OR TERMINATION OF LOCAL AGREEMENT The Department or the Agency may suspend or terminate this Local Agreement, in whole or in part, with immediate written notice to the other party when the interests of the Department or Agency so reqUIre. VIII. AGREEMENT MODIFICATION After execution of this agreement, any changes in the information contained in Section IlL, 2., and Section V., Agreement Administration, shall be provided to the other party in writing and a copy of the written notification shall be maintained in the official agreement record. Modifications to the provisions of this agreement, with the exception of Section IlL, 2., and Section V., Agreement Administration, shall be valid only through execution of a formal agreement amendment. @ DC6-246 (Revised 9/05) Inmate Labor Agreement Page 7 of7 IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed by their undersigned officials as duly authorized. AGENCY: Sebastian Public Works SIGNED BY: NAME: (PRINTED) Al Minner TITLE: City Manager DATE: FEID #: DEPARTMENT OF CORRECTIONS InRCI SIGNED BY: 1'1 ___ f) .Lfl ~f,-.z.. I. {)l\...Ck~ NAME: (pRINTED) Joe T. Butler TITLE: Warden Department of Corrections DATE: ;7 - J 7 - D () Official DC Form # approved for legality and format and may not be changed. If changes are required, formal review and approval must be processed through the Agreement Administrator listed in Section.V. DC6-246 (Revised 9/05) @ G0 FLORIDA DEPARTMENT OF CORRECTIONS' INTERAGENCYIPUBLIC WORKS AGREEMENT (LOCAL AGREEMENT) C evner€-ry This Local Agreement made and entered into this 31 day of July 2006, by and between the State of Florida, Department of Corrections, through its institution/facility, Indian River Correctional Institution, and the Sebastian Cemetery, is done so in accordance with section 946.40, Florida Statutes and Rule 33-601.201, Inmate Work Program, and 33-601.202, Use of Inmates in Public Works, Florida Administrative Code. Work performed under this Local Agreement is determined to be value added or cost savings as defined in the Community Work Squad Manual ( check one). L Value Added _Cost Savings I. TERMlRENEW AL This Local Agreement shall begin on the last date of signature by all parties. This Local Agreement shall remain in effect from year to year unless terminated by either party, pursuant to the provisions of Section vn., Suspension or Termination of Local Agreement. II. FINANCIAL OBLIGATIONS The Department and the Agency acknowledge that this Local Agreement is not intended to create financial obligations between the parties. However, in the event that costs are incurred as a result of either or both of the parties performing their duties or responsibilities under this Local Agreement, each party agrees to be responsible for their own costs. III. DEPARTMENT'S RESPONSIBILITIES The Department agrees to provide, or is responsible for, those items delineated by placement of an "X" in the space located to the left of the corresponding number. Items for which the Department is not responsible shall be marked "NI A" to the left ofthe number. X 1. Screen inmates for the work to be performed in order to assign inmates who do not present a danger to property or persons. X 2. Provide up to 1 inmates each workday for the period of the Local Agreement. Community custody ( ); Minimum custody ( ); Both (X). X 3. Provide Correctional Officer supervision of the work squad while performing work under this Local Agreement. X 4. Provide 1 vehic1e(s) and 1 Correctional Officer(s) each workday to transport inmates to and from the work site. DC6-246 (Revised 9/05) @ Inmate Labor Agreement Page 2 of7 X 5. Provide food and drinks for inmate lunches. X 6. Provide drinking water for inmates. X 7. Apprehend escapees and handle problem inmates. X 8. Provide transportation from the work site to the correctional facility for inmates who refuse to work, become unable to work, or cause a disruption in the work schedule. X 9. Administer all disciplinary action to be taken against inmate(s) for infractions committed while performing work under this agreement. X 10. Provide for medical treatment of ill or injured inmates and transportation of such inmates. N/ A 11. Conduct a background check, which includes a criminal history check, and obtain approval of the Department's Agreement Manager, or designee prior to authorizing Non-Department Supervisors to participate in training to supervise inmates. N/A 12. Provide orientation and training to Non-Department Supervisor(s) approved to supervise inmates prior to their assuming supervisory responsibility of an inmate work squad. Training will be in accordance with the Department's guidelines for Non-Department Supervision of Inmates and will include annual refresher training during each successive year of supervision by the Non-Department Supervisor. X 13. Notify the Agency in the event that an Agency employee fails to provide proper supervision ofinmate(s). X 14. Provide inmates with all personal items of clothing appropriate for the season of the year. X 15. Have inmates ready for transportation/work at the appropriate times regardless of temperature or inclement weather, unless notified by the Agency of suspended work operations, or when the Department determines that a work squad should not check out. X 16. Provide a First Aid Kit and Blood Borne Pathogens Personal Protective Kit to each work squad. x 17. Orientate each inmate in the use of equipment regardless of the inmate's claim to have had prior experience in the use of gasoline or electrically powered equipment before allowing the inmate to use it. Utilize form DC2-569, Inmate Safety Training, to document that the inmate has had the training. This report shall be kept on file at the contract work site and by the Department's Agreement Manager. @ DC6-246 (Revised 9/05) Inmate Labor Agreement x Page 3 of7 18. Other. (If provided, shall be Attachment A, incorporated herein by reference and made part of this Agreement.) "Other" special considerations regarding activities of the work squad may be based on work location, etc. IV. AGENCY'S RESPONSIBILITIES The Agency agrees to provide, or is responsible for, those items delineated by placement of an "X" in the space located to the left of the corresponding number. Items for which the Agency is not responsible shall be marked "N/A" to the left of the number. X N/A 2. N/A 3. X 4. X 5. N/A 6. N/A 7. 1. Provide the Department with a schedule of hours that inmates will work in accordance with the established workday for the Agency and the transportation time required. Any deviation from the established schedule will be reported to, and coordinated with, the Department. The established schedule for this work squad is: Days.1, Hours 12 Provide supervision of inmates in accordance with the Department's rules and regulations while performing work under this Local Agreement. Non-Department Supervisors may supervise Community and Minimum Custody inmates. Each Non- Department Supervisor must successfully pass a background check that includes a criminal history check, and must be approved by the Department's Agreement Manager, or designee and complete required orientation/training in the supervision of inmates, prior to assuming supervision. Provide transportation of inmates each workday to and from the work site. Provide all tools, equipment, materials and safety personal items such as gloves, rubber boots, hard hats, etc., necessary and appropriate for performance of the work under this Local Agreement. Ensure that licensing or permits are obtained if required for the work to be performed under this Local Agreement. Provide necessary supervision and guidance for projects that require a permit and require technical assistance to complete the project. Immediately notify the Department in the event of an escape while the inmate is under supervision of the Agency. Report any inappropriate behavior displayed by inmates or any inmate who fails to perform tasks in an acceptable manner. Complete the Community Work Squad Activities Report, DC6-239 (to be provided by the Department) daily and submit the form on a weekly basis to the Department. NI A 8. Report all inmate injuries, regardless of how minor in nature, to the Department as soon as possible. Report any medically related complaints made by an inmate to the Department as soon as practical. In cases of emergency, render first aid, within the scope of the supervisor's medical training, to work squad inmates and provide emergency health care and related assistance to the Department. ~. - ~3 ~ DC6-246 (Revised 9/05) l~ Inmate Labor Agreement Page 4 of7 N/A 9. Provide inmates with a fifteen-minute rest break in the morning a..1J.d afternoon. Lunch breaks shall normally begin at Noon and last at least thirty (30) minutes. Ensure inmates are supervised during rest and lunch breaks. N/ A 10. Provide drinking water for inmates. N/A 11. Require each Non-Department Supervisor approved to supervise inmates and other appropriate staff members, to attend orientation/training in the supervision of inmates prior to assuming supervision of inmates and refresher training annually thereafter. Training will be provided at a Department location. Upon the Department's issuance of a Training Certification Card, the Agency shall require non-department personnel to carry this card when supervising inmate labor. X 12. Ensure that all work assignments/projects utilizing inmates are authorized projects of the municipality, city, county, governmental agency or non-profit organization and that private contractors employed by the Agency do not use inmates as any part of their labor force. X 13. Agency hereby agrees to be liable for, and shall indemnify, defend and hold the Department harmless from all claims, suits, judgments or damages including court costs and attorney's fees arising out of intentional acts, negligence or omissions by the Agency in its supervision of inmates pursuant to this Local Agreement. If agency is an agency or subdivision of the State of Florida, this paragraph shall not be interpreted as altering the state's waiver of immunity in tort pursuant to Section 768.28, Florida Statutes, or to otherwise impose liability on Agency for which it would not otherwise by law be responsible. N/ A 14 Orientate each inmate in the use of equipment regardless of whether the inmate claims to have had prior experience in the use of gasoline or electrically powered equipment before allowing the inmate to use it. Utilize form DC2-569, Inmate Safety Training Documentation, to document that the inmate has had the training. This report shall be kept on file at the contract work site and a copy shall be provided to the Department. N/A 15. It is the intent of this Local Agreement that the agency/work squad have and maintain communications with the institution at all times. A method of communication (radios, cellular phone, etc.) shall be provided at no cost to the Department. The Agency shall provide a primary method of communication that shall be approved by the Department's Agreement Manager in writing prior to assignment of the work squad. Dependent upon the method of communication provided, the Agreement Manager may require a secondary or back-up method of communication. q GJ N/A 16. Type of Communication utilized in this Local Agreement:_ Provide a First Aid Kit and Blood Borne Pathogens Personal Protective Kit to each work squad. DC6-246 (Revised 9/05) Inmate Labor Agreement Page 5 of7 X 17. Ensure that the Work Squad does not work on school property or primary elementary or secondary education institutions where students are present. N/A 18. Other. (If provided, shall be Attachment A, incorporated herein by reference and made part of this Agreement.) "Other" special considerations regarding activities of the work squad may be based on work location, etc. V. AGREEMENT ADMINISTRATION A. Department's Agreement Manager The Warden of the Correctional Institution represented in this Local Agreement is designated Agreement Manager for the Department and is responsible for enforcing performance of the Local Agreement terms and conditions and shall serve as a liaison with the Agency. The, address and telephone number of the Department's Agreement Manager for this Local Agreement is: (Location) (Address) Indian River Correctional Institution 7525 17th Street SW Vero Beach, FL 32968 (Telephone #) 772-564-2795 (Fax #) 772-564-2880 B. Community Work Squad Coordinator The Assistant Warden designated by the Warden, is responsible for ensuring compliance with the requirements of this Local Agreement. C. Department's Agreement Administrator: The Chief, Bureau of Purchasing, is designated Agreement Administrator for the Department and is responsible for processing Agreement Amendments and terminations of the Agreement, and will serve as a liaison with the Agreement Manager for the Department. The address and telephone number of the Department's Agreement Administrator is: Chief, Bureau of Purchasing Florida Department of Corrections 2601 Blair Stone Road Tallahassee, Florida 32399-2500 (850) 410-4091 DC6-246 (Revised 9/05) @ Inmate Labor Agreement Page 6 of7 D. Agency's Representative The name, address and telephone number of the representative of the Agency is: Linda Rosado Administrative Lieutenant 7625 17th Street SW Vero Beach, FL 32968 (Telephone #) 772-564-2845 (Fax #) 772-564-2880 (E-mail )rosado.linda@mail.dc.state.fl.us (Name) (Title (Address) VI. DISPUTES Any dispute concerning performance of the terms of this Local Agreement shall be resolved informally by the Department's Agreement Manager. Any dispute that can not be resolved informally shall be reduced to writing and delivered to the Department's Correctional Program Administrator, Office of Institutional Support. The Correctional Program Administrator shall decide the dispute, reduce the decision to writing, and deliver a copy to the Department's Agreement Manager, the Agency Representative and the Department's Agreement Administrator. VII. SUSPENSION OR TERMINATION OF LOCAL AGREEMENT The Department or the Agency may suspend or terminate this Local Agreement, in whole or in part, with immediate written notice to the other party when the interests of the Department or Agency so reqUIre. VIII. AGREEMENT MODIFICATION After execution of this agreement, any changes in the information contained in Section III., 2., and Section V., Agreement Administration, shall be provided to the other party in writing and a copy of the written notification shall be maintained in the official agreement record. Modifications to the provisions of this agreement, with the exception of Section III., 2., and Section V., Agreement Administration, shall be valid only through execution of a formal agreement amendment. @ DC6-246 (Revised 9/05) Inmate Labor Agreement Page 7 of7 IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed by their undersigned officials as duly authorized. AGENCY: Sebastian Cemetery SIGNED BY: NAJJE: Al Minner (PRINTED) TITLE: Ci ty Manager DATE: FEID #: DEPARTMENT OF CORRECTIONS InRCI SIGNED BY: "\ '-1-.. l) t( i.()d-{. I j I[)u.._ Jlc\... NAJJE: (PRINTED) Joe T. Butler TITLE: Warden Department of Corrections DATE: 7 - 1'7- [) &) Official DC Form # approved for legality and format and may not be changed. If changes are required, formal review and approval must be processed through the Agreement Administrator listed in Section.V. DC6-246 (Revised 9/05) @ @ FLORIDA DEPARTMENT OF CORRECTIONS' INTERAGENCYIPUBLIC WORKS AGREEMENT (LOCAL AGREEMENT) Police De/pt. This Local Agreement made and entered into this 31 day of July, 2006, by and between the State of Florida, Department of Corrections, through its institution/facility, fudian River Correctional fustitution, and the Sebastian Police Department, is done so in accordance with section 946.40, Florida Statutes and Rule 33-601.201, Inmate Work Program, and 33-601.202, Use of Inmates in Public Works, Florida Administrative Code. Work performed under this Local Agreement is determined to be value added or cost savings as defined in the Community Work Squad Manual (check one). L Value Added _Cost Savings I. TERM/RENEW AL This Local Agreement shall begin on the last date of signature by all parties. This Local Agreement shall remain in effect from year to year unless terminated by either party, pursuant to the provisions of Section VIT., Suspension or Termination of Local Agreement. II. FINANCIAL OBLIGATIONS The Department and the Agency acknowledge that this Local Agreement is not intended to create financial obligations between the parties. However, in the event that costs are incurred as a result of either or both of the parties performing their duties or responsibilities under this Local Agreement, each party agrees to be responsible for their own costs. III. DEPARTMENT'S RESPONSIBILITIES The Department agrees to provide, or is responsible for, those items delineated by placement of an "X" in the space located to the left of the corresponding number. Items for which the Department is not responsible shall be marked "N/A" to the left of the number. x 1. Screen inmates for the work to be performed in order to assign inmates who do not present a danger to property or persons. x 2. Provide up to 1 inmates each workday for the period of the Local Agreement. Community custody ( ); Minimum custody ( ); Both (X). X 3. Provide Correctional Officer supervision of the work squad while performing work under this Local Agreement. X 4. Provide 1 vehic1e(s) and 1 Correctional Officer(s) each workday to transport inmates to and from the work site. DC6-246 (Revised 9/05) @ Inmate Labor Agreement Page 2 of7 X 5. Provide food and drinks for inmate lunches. X 6. Provide drinking water for inmates. X 7. Apprehend escapees and handle problem inmates. X 8. Provide transportation from the work site to the correctional facility for inmates who refuse to work, become unable to work, or cause a disruption in the work schedule. X 9. Administer all disciplinary action to be taken against inmate(s) for infractions committed while performing work under this agreement. X 10. Provide for medical treatment of ill or injured inmates and transportation of such inmates. N/ A 11. Conduct a background check, which includes a criminal history check, and obtain approval of the Department's Agreement Manager, or designee prior to authorizing Non-Department Supervisors to participate in training to supervise inmates. N/A 12. Provide orientation and training to Non-Department Supervisor(s) approved to supervise inmates prior to their assuming supervisory responsibility of an inmate work squad. Training will be in accordance with the Department's guidelines for Non-Department Supervision of Inmates and will include annual refresher training during each successive year of supervision by the Non-Department Supervisor. X 13. Notify the Agency in the event that an Agency employee fails to provide proper supervision ofinmate(s). X 14. Provide inmates with all personal items of clothing appropriate for the season of the year. X 15. Have inmates ready for transportation/work at the appropriate times regardless of temperature or inclement weather, unless notified by the Agency of suspended work operations, or when the Department determines that a work squad should not check out. X 16. Provide a First Aid Kit and Blood Borne Pathogens Personal Protective Kit to each work squad. @J DC6-246 (Revised 9/05) X 17. Orientate each inmate in the use of equipment regardless of the inmate's claim to have had prior experience in the use of gasoline or electrically powered equipment before allowing the inmate to use it. Utilize form DC2-569, Inmate Safety Training, to document that the inmate has had the training. This report shall be kept on file at the contract work site and by the Department's Agreement Manager. Inmate Labor Agreement Page 3 of7 x 18. Other. (If provided, shall be Attachment A, incorporated herein by reference and made part of this Agreement.) "Other" special considerations regarding activities of the work squad may be based on work location, etc. IV. AGENCY'S RESPONSmILITIES The Agency agrees to provide, or is responsible for, those items delineated by placement of an "X" in the space located to the left of the corresponding number. Items for which the Agency is not responsible shall be marked "NIA" to the left of the number. X N/A 2. N/A 3. X 4. X 5. N/A 6. N/A 7. N/A 8. 1. Provide the Department with a schedule of hours that inmates will work in accordance with the established workday for the Agency and the transportation time required. Any deviation from the established schedule will be reported to, and coordinated with, the Department. The established schedule for this work squad is: Days 1 , Hours .li Provide supervision of inmates in accordance with the Department's rules and regulations while performing work under this Local Agreement. Non-Department Supervisors may supervise Community and Minimum Custody inmates. Each Non- Department Supervisor must successfully pass a background check that includes a criminal history check, and must be approved by the Department's Agreement Manager, or designee and complete required orientation/training in the supervision of inmates, prior to assuming supervision. Provide transportation of inmates each workday to and from the work site. Provide all tools, equipment, materials and safety personal items such as gloves, rubber boots, hard hats, etc., necessary and appropriate for performance of the work under this Local Agreement. Ensure that licensing or permits are obtained if required for the work to be performed under this Local Agreement. Provide necessary supervision and guidance for projects that require a permit and require technical assistance to complete the project. Immediately notify the Department in the event of an escape while the inmate is under supervision of the Agency. Report any inappropriate behavior displayed by inmates or any inmate who fails to perform tasks in an acceptable manner. Complete the Community Work Squad Activities Report, DC6-239 (to be provided by the Department) daily and submit the form on a weekly basis to the Department. Report all inmate injuries, regardless of how minor in nature, to the Department as soon as possible. Report any medically related complaints made by an inmate to the Department as soon as practical. In cases of emergency, render first aid, within the scope of the supervisor's medical training, to work squad inmates and provide emergency health care and related assistance to the Department. DC6-246 (Revised 9/05) @ Inmate Labor Agreement Page 4 of7 N/A 9. Provide inmates with a fifteen-minute rest break in the morning and afternoon. Lunch breaks shall normally begin at Noon and last at least thirty (30) minutes. Ensure inmates are supervised during rest and lunch breaks. N/ A 10. Provide drinking water for inmates. N/A 11. Require each Non-Department Supervisor approved to supervise inmates and other appropriate staff members, to attend orientation/training in the supervision of inmates prior to assuming supervision of inmates and refresher training annually thereafter. Training will be provided at a Department location. Upon the Department's issuance of a Training Certification Card, the Agency shall require non-department personnel to carry this card when supervising inmate labor. X 12. Ensure that all work assignments/projects utilizing inmates are authorized projects of the municipality, city, county, governmental agency or non-profit organization and that private contractors employed by the Agency do not use inmates as any part of their labor force. X 13. Agency hereby agrees to be liable for, and shall indemnify, defend and hold the Department harmless from all claims, suits, judgments or damages including court costs and attorney's fees arising out of intentional acts, negligence or omissions by the Agency in its supervision of inmates pursuant to this Local Agreement. If agency is an agency or subdivision of the State of Florida, this paragraph shall not be interpreted as altering the state's waiver of immunity in tort pursuant to Section 768.28, Florida Statutes, or to otherwise impose liability on Agency for which it would not otherwise by law be responsible. N/ A 14 Orientate each inmate in the use of equipment regardless of whether the inmate claims to have had prior experience in the use of gasoline or electrically powered equipment before allowing the inmate to use it. Utilize form DC2-569, Inmate Safety Training Documentation, to document that the inmate has had the training. This report shall be kept on file at the contract work site and a copy shall be provided to the Department. N/A 15. It is the intent of this Local Agreement that the agency/work squad have and maintain communications with the institution at all times. A method of communication (radios, cellular phone, etc.) shall be provided at no cost to the Department. The Agency shall provide a primary method of communication that shall be approved by the Department's Agreement Manager in writing prior to assignment of the work squad. Dependent upon the method of communication provided, the Agreement Manager may require a secondary or back-up method of communication. @ N/A 16. Type of Communication utilized in this Local Agreement:_ Provide a First Aid Kit and Blood Borne Pathogens Personal Protective Kit to each work squad. DC6-246 (Revised 9/05) Inmate Labor Agreement Page 5 of7 X 17. Ensure that the Work Squad does not work on school property or primary elementary or secondary education institutions where students are present. N/A 18. Other. (If provided, shall be Attachment A, incorporated herein by reference and made part of this Agreement.) "Other" special considerations regarding activities of the work squad may be based on work location, etc. V. AGREEMENT ADMINISTRATION A. Department's Agreement Manager The Warden of the Correctional Institution represented in this Local Agreement is designated Agreement Manager for the Department and is responsible for enforcing performance of the Local Agreement terms and conditions and shall serve as a liaison with the Agency. The, address and telephone number of the Department's Agreement Manager for this Local Agreement is: (Location) (Address) Indian River Correctional Institution 7525 17th Street SW Vero Beach, FL 32968 (Telephone #) 772-564-2795 (Fax #) 772-564-2880 B. Community Work Squad Coordinator The Assistant Warden designated by the Warden, is responsible for ensuring compliance with the requirements of this Local Agreement. C. Department's Agreement Administrator: The Chief, Bureau of Purchasing, is designated Agreement Administrator for the Department and is responsible for processing Agreement Amendments and terminations of the Agreement, and will serve as a liaison with the Agreement Manager for the Department. The address and telephone number of the Department's Agreement Administrator is: Chief, Bureau of Purchasing Florida Department of Corrections 2601 Blair Stone Road Tallahassee, Florida 32399-2500 (850) 410-4091 DC6-246 (Revised 9/05) @ Inmate Labor Agreement Page 6 of7 D. Agency's Representative The name, address and telephone number of the representative of the Agency is: (Name) (Title (Address) Linda Rosado Administrative Lieutenant 7625 17th Street SW Vero Beach, FL 32968 (Telephone #) 772-564-2845 (Fax #) 772-564-2880 (E-mail)rosado.linda@mai1.dc.state.fl.us VI. DISPUTES Any dispute concerning performance of the terms of this Local Agreement shall be resolved informally by the Department's Agreement Manager. Any dispute that can not be resolved informally shall be reduced to writing and delivered to the Department's Correctional Program Administrator, Office of Institutional Support. The Correctional Program Administrator shall decide the dispute, reduce the decision to writing, and deliver a copy to the Department's Agreement Manager, the Agency Representative and the Department's Agreement Administrator. VII. SUSPENSION OR TERMINATION OF LOCAL AGREEMENT The Department or the Agency may suspend or terminate this Local Agreement; in whole or in part, with immediate written notice to the other party when the interests of the Department or Agency so requITe. VIII. AGREEMENT MODIFICATION After execution of this agreement, any changes in the information contained in Section III., 2., and Section V., Agreement Administration, shall be provided to the other party in writing and a copy of the written notification shall be maintained in the official agreement record. Modifications to the provisions of this agreement, with the exception of Section III., 2., and Section V., Agreement Administration, shall be valid only through execution of a formal agreement amendment. @ DC6-246 (Revised 9/05) Inmate Labor Agreement Page 7 of7 IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed by their undersigned officials as duly authorized. AGENCY: Sebastian Police Department SIGNED BY: NAME: Al Minner (PRINTED) TITLE: Ci ty Manager DATE: FEID #: DEPARTMENT OF CORRECTIONS InRCI SIGNED BY: Q 7..0 ,:-..~ r 1-=--<... ,t-)~~t..,,-- ij NAME: (PRINTED) Joe T. Butler TITLE: Warden Department of Corrections DATE: t-'J - i'7 -' C ~> Official DC Form # approved for legality and format and may not be changed. If changes are required, formal review and approval must be processed through the Agreement Administrator listed in Section.V. DC6-246 (Revised 9/05) @: G0 HOME OF PELICAN ISlAND CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Fill Vacant Alternate Position on the Tree and Landscape Advisory Committee Date Submitted: 7/17/06 For Agenda of: 7/26/06 Ex Ibits: code, application, board member list, ad EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY There is a vacant, unexpired alternate member position on the committee. RECOMMENDED ACTION Interview, unless waived and submit nominations for the alternate position, which will expire 11/2008. @ @ ADMINISTRATION ~ 2-240 Sec. 2-232. Operational procedures. The charter review committee shall hold its organizational meeting at 5:30 p.m. on the Tuesday following formulation of its membership. At said meeting the majority of the members present shall select a chairman and a vice-chairman. The selection thereof, and the operations of the committee, shall be carried out in accordance with the established general procedures for boards and committees of the city. At said organizational meeting, the committee shall establish the time and frequency of its meetings. The city attorney shall be advisor to the committee and the city manager shall designate a secretary to the committee. After submitting its final recommendation, which shall occur within six months of the committee's formulation, the committee shall have a final meeting at 5:30 on the Tuesday following final city council action on said recommendation and shall thereafter be dissolved. (Ord. No.0-99-02, ~ 2, 4-14-99) Sees. 2-233-2-239. Reserved. DIVISION 6. TREE AND LANDSCAPE ADVISORY BOARD Sec. 2-240. Generally. (a) There is hereby created a tree and landscape advisory board, which shall provide advice to the city council on care of trees and landscaping within the city limits. The focus of the board shall be on preservation of historic, specimen and protected trees, and proposed planting of trees or landscaping. In addition, the board will advise as to how the city can best monitor, maintain and enhance the urban forest and its related resources. The board will provide guidance on proposed amendments to tree protection and landscaoe article, and other matters as necessary or when requested by the city council. (b) The tree and landscape advisory board shall consist of five regular members and two alternate members. Meetings shall be held at such times and places as determined by the city council and shall be open to the public. (c) Mission statement: To preserve, protect, promote and increase the natural canopy indigenous to the City of Sebastian. (Ord. No. 0-05-18, ~.16, 10-16-05) Editor's note-Ord. No. 0-05-18, ~ 16, adopted Oct. 16, 2005, renumbered former ~ 54-3-14.17 as ~ 2-240 as herein set out. Former ~ 54-3-14.17 deriv-ed from Ord. No. 0-02-06, ~ 1, adopted Apr. 10, 2002. Supp. No. 36 CD2:33 @ OTYCf ...... . . III ._~ ~ 'f..;.c\..~l-;~_, ~. . E~~~,:,i<l:~-~~ -----; /'-. -; ,~ " :. ;: 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: . BUSINESS PHONE: ~i-4l}lk:; BUSINESS FAX: ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? E-MAIL: HOW LONG? DO YOU CURRENTl.Y HO~D ANY PUBLIC OFFICE? D DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDS/COMMITTEES? ''-tlD PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: >< CHARTER REVIEW COMMITTEE (serves only 6 months every 7 years - meets next in 2006) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary - meets during summer) CODE ENFORCEMENT BOARD (permanent board - meets once a month)* 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)* POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board- meets quarterly)* PARKS & RECREATION ADVISORY COMMITTEE (permanent board - meets once a month) TEMPORARY ENVIRONMENTAL ADVISORY COMMITTEE 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 ~--,.......;7'---~"'~'o;:"r__ @ i~ c..:..) ~"i'-I "~", j'l ..:.~~ __.i (J ~, rrl"'" ~ ~~ ,0: ~ g~ ~>'" --'I C::J "C:: -< J.:;.." r,'1 I----' I----' ':"J -.,~ c:: -._ 1 w ,; .,-- '~ -.J 10 WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? e.-S 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. Subscribed and sworn to (?t?I!,-#W'6- S'C/(.;.e1<r- tPt- <h L./t... before me day who is personally as identi ": """'''!"2!'E''-''~~~~1l ......,~,;?:y;lt'.~~,.,,, CAHRtE B. ANDERSON I ~-<:.o. ~. ,0..... ~ '-y ('Ol,A~'.i"SION. # DCl jf'f::rlh2 =..:' .@, ',;f: IVi v 1'11,,11,), "L. Lo..,v :;. AA '. EVQ,riE'" 0 "ber '4 t"ltir1" I ~~~~:~~~f/ Al In v. CtU .. I I t.\JJ~ i 'i~r.J9~~~~"" BonGed Thru Notmy Put'!!: Underwriters or has , by produced Not ~~~~"- Please return to Office ofthe City Clerk, '1225 Main Street, Sebastian, FL 32958 - (772) 589-5330 \wp-form\applicat.wpd rev, 1 0/2005 @ TREE AND LANDSCAPE ADVISORY BOARD -- 3-YEARTERMS MEMBER NAME APPOINTMENT HISTORY CURRENT TERMS AND ADDRESS STATUS COMPLET ED Mary Bennett Took Cathy Fulton's expired Term expires 677 Wimbrow position 3/24/04 4/2007 Drive Sebastian, FL Took Mr. Creamer's 32958 581-9266 unexpired alternate position 9/10/03 Lynn Albury Took Charles Cardinale's Term expires 1666 Seahouse Regular Member 3/9/05 4/1/2008 Street Sebastian, FL Reappointed Regular 32958 589-0037 Member 3/27/2002 Reappointed Regular Member 4/26/2000 Took Dan Herlan's Regular Member Position 12/15/99 David Rodriguez Took Anne Dann's regular Term expires 824 Schumann member position 4/12/06 4/2007 Drive Sebastian, FL Appointed altemate - 32958 member position 1/25/06 388-9213 sitor@bellsouth.ne ! Neil Lagin Took Marsha Fusco's Term to expire 838 Wentworth unexpired regular member 411/2008 Street position 8/10/05 Sebastian, FL Took Marsha Fusco's 32958 589-4312 unexpired alternate position 3/9/05 Maureen Cummings Took Therese Miller's Term expires 134 Englar Avenue Sebastian, FL 32958 unexpired regular member 11/2008 589-1175 position 5/1 0/06 @ 96 -- --.- _..~..._..-. Matthew Sims Appointed alternate Post Office Box 622 member position 12/14/05 Term expires Wabasso, FL 32970 11/2008 538-4369 JMANN1111 @vaho o.com Term expires 11/2008 BOARD SECRETARY - Donna Cyr 97 ~ @ CfIY OF SBBAS!~ HOME OF PELICAN ISLAND May 8, 2006 PRESS RELEASE TREE & LANDSCAPE ADVISORY BOARD THE CITY OF SEBASTIAN IS SEEKING APPLICANTS TO FILL ONE UNEXPIRED ALTERNATE MEMBER POSITION ON THE BOARD WITH TERM TO EXPIRE 11/2008. ALL BOARD MEMBERS MUST BE CITY RESIDENTS. THIS COMMITTEE MEETS ON THE FIRST MONDAY OF EACH MONTH AT 5:30 PM IN THE COUNCIL CHAMBERS, 1225 MAIN STREET, SEBASTIAN. APPLICATIONS ARE AVAILABLE IN THE CITY CLERK'S OFFICE, CITY HALL, 1225 MAIN STREET, SEBASTIAN, BETWEEN THE HOURS OF 8:00 AM AND 4:30 PM OR AT WWW.CITYOFSEBASTIAN.ORG AND WILL BE ACCEPTED THROUOII W.Y 24, _. IAI/;(;if ~_ ### mOl HOME. OF PWCAN ISLAND elt of Sebastian, Florida Agenda No. Oft;. li.3 Department Origin: Growth Manag~ Purchasing/Contracting: Finance Director: City Attorney: Q M\ _ A ~ City Clerk: ~ Subject: Continuance of Public Hearing for Resolution R-06-14 approving Preliminary Plat for Sebastian Crossings Commercial Subdivision Date Submitted: July 19, 2006 For Agenda of: July 26, 2006 Exlubits: R-06-14, Preliminary Plat (previous packet), Staff Report, P & Z Minutes, Application, Environmental Report. EXPENDITURE REQUIRED: None AMOUNT BUDGETED: None APPROPRIATION REQUIRED: None SUMMARY Kimley-Horn & Associates, on behalf of CRF Panther II, Inc. and Sebastian Crossings, LLC, has filed for preliminary plat approval for a commercial subdivision development located on the north side of CR 512, east and adjacent to the Sebastian River Middle School, near the Sunoco Gas Station. The project consists of 4 lots and a private master stormwater tract, along with a public ROW tract, which completes and connects Sebastian Crossings Boulevard to CR 512. The ROW tract will be dedicated to the City via the:final plat process. All four lots are adjacent to CR 512. Access to the site will be accomplished via a driveway connection to CR5l2 from Lot 1 and an access point from Sebastian Crossings Boulevard, which connects to CR 512, from Lot 4. Fifty feet within the southern section of each lot will be designated as an access easement for traffic circulation to all properties. Proposed water and wastewater service for development of the individual. lots will be accomplished via connection to Indian River County Utilities. Stormwater runoff for the proposed development of the subdivision lots will be routed to the master stormwater tract with additional run-off to the wetland area north and adjacent to the subdivision. The site consists of 10.14 acres of tota11and area. The proposed preliminary plat reflects compliance with current CG zoning requirements including minimum lot size and all other dimensional criteria. Per the Land Development Code and established City procedures, the Planning and Zoning Commission held a public hearing at its June 1 st meeting to consider the preliminary plat and made a recommendation to City Council for its approval. @ RECOMMENDED ACTION Conduct quasi-judicial public hearing. "Move to approve Resolution R-06-14, Preliminary Plat for Sebastian Crossings Commercial Subdivision". @ RESOLUTION NO. R-06-14 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE PRELIMINARY PLAT FOR A COMMERCIAL SUBDMSION KNOWN AS SEBASTIAN CROSSINGS COMMERCIAL; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. WHEREAS, CRF Panther II, LLC and Sebastian Crossing, LLC have filed an application for approval of a preliminary plat for a commercial subdivision known as Sebastian Crossings Commercial; and WHEREAS, said subdivision and preliminary plat comply with applicable State and City codes and regulations; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. PRELIMINARY APPROVAL. The City Council of the City of Sebastian does hereby approve the preliminary plat and subdivision plan for Sebastian Crossings Commercial prepared by Jared C. Hockenberry of Kimley-Hom and Associates, Inc., dated May 16,2006, with an engineer's stamp and signature dated June 14,2006, as maintained on file with the City Growth Management Department, with the following conditions: A. Issuance of the SJRWMD permit before any landclearing allowed. B. Sign easement area conveyed back to CRF Panther II. Section 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember vote was as follows: and, upon being put into a vote, the @ Mayor Nathan McCollum Vice-Mayor Brian Burkeen Councilmember AI Paternoster Councilmember Andrea Coy Councilmember Sal Neglia The Mayor thereupon declared this Resolution duly passed and adopted this 26th day of July, 2006. CITY OF SEBASTIAN, FLORIDA By: Mayor Nathan McCollum ATTEST: Sally A. Maio, MMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney @ HOME OF. PWCAN ISLAND Growth Management Department Preliminary Plat Approval Application - Staff Report 1. Project Name: Sebastian Crossings Commercial 2. Requested Action: Subdivision Preliminary Plat Approval 3. Project Location a. Address: CR 512-Sebastian Boulevard Sebastian, Florida 32958 b. Legal: Provided - See Survey c. Indian River County Parcel Number: 31-38-22-00000-1000-00002.0 4. Project Owner: William Reynolds, Jr. CRF Panther II 500 S. Florida Avenue, #700 Lakeland, Florida 33807 (863) 647-1581 Matthew Markofsky Sebastian Crossings LLC 3696 N. Federal Hwy~ #203 Ft. Lauderdale, FL 33308 (954) 567-5161 5. Project Engineer: Jared Hockenberry, P.E. Kimley-Horn & Associates, Inc. 601 21st Street, Suite 400 Vera Beach, Florida 32960 (772) 562-7981 Fax: (772) 562-9689 6. Project Surveyor: William Mott Land Surveying, Inc. 1275 S. Patrick Drive, Suite H Satellite Beach, Florida 32937 (321) 773-4323 Fax: (321)-777-4795 7. Project Description Narrative of proposed action: The applicant has filed for a commercial subdivision preliminary plat approval for 10.14 acres located on CR 512, east and adjacent to Sebastian River Middle School, just south of Sebastian Crossings residential subdivision, near the intersection of CR 510 and CR 512. The subdivision is for 4 lots and a private master stormwater tract, along with a public ROW tract, which completes and 1 ~~' .- . ~. "'-,' . .~~~iiJ(L. @ connects Sebastian Crossings Boulevard to CR 512. The ROW tract will be dedicated to the City via the final plat process. All four lots are adjacent to CR 512. Access to the site will be accomplished via a driveway connection to CR 512 from Lot 1 and an access point from Sebastian Crossings Boulevard, which connects to CR 512, from Lot 4. Fifty feet within the southern section of each lot will be designated as an access easement for traffic circulation to all properties. Proposed water and wastewater service for development of the individual lots will be accomplished via connection to Indian River County Utilities. Stormwater runoff for the proposed development of the subdivision lots will be routed to the master stormwater tract with additional run-off to the wetland area north and adjacent to the subdivision. b. Current Zoning: CG c. Adjacent Properties Zoning Current Land Use Future Land Use North: PUD-R Residential Subdivision LDR East: CG Vacant CG South: A-1 & CL Vacant L-1 & C/I (County) West: A-1 Middle School L-1 (County) d. Site Characteristics (1) Total Acreage: 10.14 acres (2) Current Land Use(s): Vacant (3) Soil: Riviera (4) Vegetation: Pine, Oak and Scrub in northern portion (5) Flood Hazard: Zone X & A (6) Water Service: Indian River County Utilities (7) Sanitary Sewer Service: Indian River County Utilities (8) Parks: North County Park & Pool-.25 miles (9) Police/Fire: Sebastian Police - 4.5 miles Indian River Fire - 3 miles 8. Comprehensive Plan Consistency a. Future Land Use: Consistent @ 2 b. Traffic Circulation: Consistent c. Housing: n/a d. Public Facilities: Consistent e. Coastal Management: n/a f. Conservation: Consistent g. Recreation and Open Space: n/a 9. Contents of Preliminary Plat: a. name of subdivision: Sebastian Crossings Commercial b. vicinity sketch: provided c. legal description including section, township and range: provided d. north arrow graphic scale: provided e. date of preparation: provided f. name, address, and telephone of applicant: provided g. name, address, and telephone of owner of record: provided h. name, address, and telephone of mortgage holder: final plat info i. statement that they will join in the dedication: final plat info j. name, address, and registration number of engineer: provided k. name, address, and registration number of surveyor: provided I. name of adjacent subdivisions, if any, including plat book and page number reference: provided m. names of owners of record of adjacent acreage: on file n. contour map including a perimeter strip up to 150 feet in width. provided o. all existing watercourses, drainage ditches and bodies of water, marshes, and other significant, natural or man-made features: provided 3 @ p. name, aliment and width of all existing and proposed streets, alleys, rights-of-way or easements including name, right-of-way width, street or pavement width and established center line elevations: provided q. all existing and proposed property lines, easements and right-of- ways, their purpose, their effect on the property to be subdivided, and the proposed layout of lots and blocks: provided r. access points to collector and arterial streets showing compliance to the access requirements: provided s. all existing drainage district facilities and the ultimate right-of-way requirements: provided t. utilities such as telephone, power, water, sewer, gas, etc., on or adjacent to the tract: on survey u. a statement that all utilities are available and have been coordinated with all required utilities: provided v. sites proposed for parks, recreational areas and schools: provided w. location of all temporary structures or permanent structures having a temporary use: N/A x. if borders public water, delineate the mean high water line: n/a y. plan for stabilizing shoreline with natural vegetative cover or other environmentally sensitive manner acceptable to DER and the city: N/A z. permanent reference monuments shall be shown at all block corners, at all points of reverse or compound curvature, and at all points of tangency occurring with block limiting lines: final plat aa. block perimeter returns at block corners or other block line intersection: provided 10. Required Supplemental Information a. existing land use policy and proposed policy changes: provided b. on-site wastewater disposal data: provided c. surface water management plan: provided d. traffic impact analysis: not provided. Uses are not known at this time. During site plan review traffic information will be required for each lot. @ 4 12. 13. e. required park land and/or facility improvements: N/A f. required potable water improvements: Indian River County Utilities g. required wastewater improvements: Indian River County Utilities h. erosion and sedimentation control improvements: provided i. reference to required improvements i. access: provided ii. alleys: n/a iii. blocks: n/a iv. bridges: n/a v. comprehensive stormwater management system: provided vi. easements: provided vii. lots: provided viii. seawalls, bulkheads, piers and docks: n/a ix. soils: provided x. streets: provided xi. bicyclelpedestrian paths: provided xii. off.street parking areas: n/a xiii. utilities: provided xiv. utility installation: provided xv. central water system: provided xvi. central wastewater system: provided xvii. individual sewage systems: n/a xviii. water and sewage treatment and processing plants: n/a xix. median strips and entranceways: provided xx. traffic control devices: n/a xxi. monuments: provided xxii. commercial and industrial subdivisions: provided xxiii. mobile home subdivisions: n/a j. schedule of multiple phases: Phase I - Public ROW Tract B 11. Zoning district dimensional regulations: a. minimum lot size: 10,000 square feet yes b. minimum width: 75 feet yes c. minimum depth: 125 feet yes Fee paid: yes City Engineer's review: The city engineer requested statements from the civil engineer that the proposed outfall from the private stormwater tract into the northern wetland preservation and conservation tracts is allowed through regulatory design principals and that terms of agreements were reached with the residential subdivision owners regarding stormwater discharge onto their property. The engineer of record has stated "The current outfall of the property @ 5 @ 16. is a ditch along the northern property boundary that conveys stormwater to the adjacent wetland slough. The proposed system will provide water quality treatment and attenuation as required by SJRWMD prior to discharging into the slough. The proposed system will meet the criteria established by Section 12.0 of the SJRWMD Applicant Handbook prior to outfall." Staff has received a copy of the Drainage Easement Agreement dated 4/19/05 between the two property owners. Also, staff has received and reviewed comments from SJRWMD regarding the application for the stormwater permit. A copy of the approval and issuance of the SJRWMD permit will need to be submitted to staff before landclearing for any development can begin. 14. City Attorney's review: 15. Other Matters: An environmental report from Storm L. Richards & Associates, Inc. has been received and reviewed. No protected federal and/or state species were observed. (Please see attached report dated 6/4/06). Phase I of the subdivision will be the completion and connection to CR 512 of Sebastian Crossings Boulevard by Sebastian Crossings LLC. Construction drawings will be reviewed and accepted by the City Engineer. In April 2006, a Developer's Agreement was executed between Indian River County and CRF Panther II, LLC regarding acquisition of additional ROW needed for CR 512 improvements in exchange for necessary CR 512 curb-cuts, medians, and deceleration lanes for safe traffic access for the future commercial development within the subdivision. County staff will be designing and overseeing the access construction. The proposed sign easement located in the southeast corner of Lot 4 originally had been deeded (vs. dedicated) to Sebastian Crossings, LLC, creating an illegal lot and improper conveyance. After discussion with the applicants, the easement will be deeded back to CRF Panther II. The northern section of the subdivision is within Flood Zone A as established by FEMA Map Panel No. 12061C0078E, dated 5/4/89. Staff is working with the engineer of record regarding a Letter of Map Revision through FEMA and establishing a Base Flood Elevation. This will need to be completed before any permits can be issued for structures within this area. Analysis: The applicant has filed for a commercial subdivision preliminary plat approval for 10.14 acres located on CR 512, east and adjacent to Sebastian River Middle School, just south of Sebastian Crossings residential subdivision, near the intersection of CR 510 and CR 512. The subdivision is for 4 lots and a private master stormwater tract, along with a public ROW tract, which completes and connects Sebastian Crossings Boulevard to CR 512. The ROW tract will be dedicated to the City via the final plat process. All four lots are adjacent to CR 6 512. Access to the site will be accomplished via a driveway connection to CR 512 from Lot 1 and an access point from Sebastian Crossings Boulevard, which connects to CR 512, from Lot 4. Fifty feet within the southern section of each lot will be designated as an access easement for traffic circulation to all properties. Proposed water and wastewater service for development of the individual lots will be accomplished via connection to Indian River County Utilities. Stormwater runoff for the proposed development of the subdivision lots will be routed to the master stormwater tract with additional run-off to the wetland area north and adjacent to the subdivision. 17. Conclusion: The proposed project is consistent with the Land Development Code, Comprehensive Plan and Code of Ordinances 18. Recommendation: Staff has completed a thorough review of the proposed Sebastian Crossings Commercial subdivision plan and recommends approval with the following conditions: 1. Issuance of the SJRWMD permit before any landclearing allowed. 2. Sign easement conveyed back to CRF Panther II. ee(.,,, / oc, DA E ' 7 @ PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JUNE 1, 2006 administrative approved changes. The bUilding permit will be held until an l)~ letter is received from St. John's Water Management District. The parking Wi~ I~,.. semi-pervious. Staff recommends approval. Mr. Todd Smith, the project agent and ,.. I engineer, answered questions regarding drainage. . MOTION by Oakes/Allocco to approve the site plan modification for addition of retail use and future storage area for Indian River Seafood Market/Sea Swell Properties at 633 Old Dixie Highway with the condition that the permit for the phase 2 concrete slab will not be released until verification of St. John's approval is received and that the utilities department approval is received for the purpose of obtaining an occupational license. ROLL CALL: Mr. Paul Mr. Keough Mr. Cardinale Chmn. Allocco yes yes yes yes Mr. Mahoney Mr. Simmons Mr. Oakes yes yes yes The vote was 7-0. Motion passed unanimously. PUBLIC HEARING - RECOMMENDATION TO CITY COUNCIL - PRELIMINARY PLAT - SEBASTIAN CROSSINGS COMMERCIAL SUBDIVISION _ 4 LOTS WITH STORMWA TER TRACT - CG ZONING - CR 512, EAST & ADJACENT TO SRMS Ms. Bosworth detailed the project and gave a brief history. She detailed various aspects of the project. Ms. Bosworth said the project meets all the comprehensive plan and land . development codes. There are three conditions; (1) issuance of the SJRWMD permit before any land clearing allowed, (2) completed environmental study submitted before the City Council hearing, (3) sign easement issues resolved before the City Council hearing. The project engineer, Mr. Jared Hockenberry, P.E., Kimley-Hom & Associates, Vero Beach, FL made himself available to an~wer any questions the board may have. MOTION by Oakes/Paul to recommend City Council approve the Sebastian Crossings commercial subdivision preliminary plat CR 512 with the three conditions noted in the staff report dated May 25, 2006. ROLLCALL: Mr. Mahoney Chmn. Allocco Mr. Simmons Mr. Cardinale yes yes yes yes Mr. Keough Mr. Oakes Mr. Paul yes yes yes The vote was 7-0. Motion passed unanimously. MEMBERS MATTERS: There was a brief discussion about rules of the Sunshine Law. The color of the awning at the Hula Grill was discussed. CHAIRMAN MATTERS: @ 3 ~ Permit Application No. Century Realty Funds c/o William Rf! nolds, Jr. Address: ... . 500 S. Florida Avenue, Suite 700 ",t:akeland FL 33807 Phone Number: (863 ) 647 - 1581 FA?<.f\Jumber: ( 863 ) 647 - 3992 E-Mail: wreynolds@a-m ro erties.com: E-Mail: Title of permit or action requested: Site Plan Approval, Conditional Use Permit Prelimina' Approval 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 AlTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project Name (if applicable): Sebastian Crossings - Commercial B. Site Information Address: 95th Street (CR512) Sebastian, FL 32958 Lot: Block: . Unit: Subdivision: Indian River County Parcel #: 31382200000100000002-0 Zoning Classification: Future Land Use: CG CG Existing Use: . Proposed Use: Vacant Agriculture Commercial C. Detailed description of proposed activi~ and pu~se of the requested permit or action (attach extra sheets If necessary): Proposed commercial development to include 4 commercial lots. a private stormwater tract and a trail preserve tract. as per attached plans. DATE RECEIVED: .3-'2tJOS- FEE PAID: $ 3,700.00 ,sIT€' ~ -1,a..00<<> p~1'\"r l-:rcc - ao QOIJ () . ~ t.f Sl> - c:c':) RECEIVE @ Permit Application No. D. Prolect Personnel: Agent: N/A Name: Address Phone Number: ( ) - FAX Number: ( ) - E-Mail: Attorney: N/A Name: Address Phone Number: ( ) - FAX Number: ( ) - E-Mail: Engineer: Name: Kimley-Horn and Associates. Inc. c/o Jared Hockenberry Address 601 21st Street, Suite 400; Vero Beach. FL 32960 . Phone Number: ( ) - FAX Number: ( ) - (772)562-7981 (772) 562-9689 E-Mail: j&red.hockenberrY@ki~eY-ho~~~~om . Surveyor: Name: Kimley-Horn and Associates, Inc. c/o Chris Demeter, P. S. M. Address 601 21st Street. Suite 400; Vero Beach. FL 32960 Phone Number: ( ) - FAX Number: ( ) - (772)562-7981 (72)562-9689 E-Mail: chris.demeter@kimley-horn.com I, , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: JL I AM THE OWNER _ I AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLI~ATlON, AND THAT ALL THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE "/:17X~ST::::~ANDBELEF. 3-.;(~ -OS- ~ D~ rasT NOTARy'S SIGNATURE PRlNfEDNAMEOf.'-NOTARY CoMMISSION NO.IExPIRATlON SEAL: @ ~~'1A~rit:- Deranda R. Stevens . N,./ti.'>'A MY COMMISSION # D0074750 EXPIRES ;:ri'~RE November 27, 2005 "'~.9f..r..~' BONOEDTHRU TROY FAIN INSURANCf,INC 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 : , >\ I/WE, _ THE OWNER(S) / _ 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 Planning and Zoning 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 WArvER AND CONSENT IS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMISES E,BY NY. PLOYEE,AG ENT,CO NTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. 3-c?{~-o) SIGNATURE DAlJn Swom to and subscribed before me by IJ..J 1'/ /; ()/n b . 'c:fs,i/- w .s enlOnall knowntomeo~ as identifi.lC8tiOn. this day of. U -- -- Notary's Signature . . Printed Name of Notary Commission No.lExpiration Seal: \"'"I',, D .:-~\l!\v.ri'~" eranda R. Stevens [*. (J:;.~'r~ MYCOMMISSION.# 00074750 EXPIRES ~.~~~~~ November 27, 2005 '?,f.,9'f"r..'t-., BONDED THRU TROY FAIN INSURANCE, INC @ " , STORM L. RICHARDS & ASSOCIATES, INC. ENVIRONMENTAL ASSESSMENTS, FEASmILITY STUDIES, & PERMIITING 1804 MAPLE AVENUE SANFORD, FLORIDA 32771-3358 (407) 323-9021 FAX: (407) 366-0538 DR. JEANNE Fil..LMAN-RICHARDS, President DR. STORM L. RICHARDS ,__~r~'~~:; @ June 4, 2006 Ms. Rebecca Groha11, AICP Growth Management Director City Hall City of Sebastian 1225 Main Street Sebastian, Florida 32958 Re: Threatened/endangered species evaluation for the proposed County Road 512 development site, located on the north side of County Road 512 (95th Street/Fellsmere Road) west of its intersection with County Road 510 (90th Av~nue), in Section 22, TownShip 31 South, Range 38 East, southwest of the City of Sebastian. Indian River County, Florida 32948 Parcel JD# 31382200000100000002.0 Further informatIon as requested Dear Ms. Grohall: The subject proposed County Road 512 development property is located on a rural site southwest of the City of Sebastian in Indian River County, Florida, in Section 22, Township 31 South, Range 38 East. The subject site is located on the north side of County Road 512 (95th Street/Fellsmere Road) west of its intersection with County Road 510 (90th Avenue) (see Appendix "A"-Maps of Site). The parcel ID# for the site is NATIONAL ASSOCIATION OF ENVIRONMENTAL PROFESSIONALS' FLORIDA ASSOCIATION OF ENVIRONMENTAL PROFESSIONALS NATIONAL ENVIRONMENTAL ASSESSORS ASSOCIATION. FLORIDA ENVIRONMENTAL ASSESSORS ASSOCIATION THE ASSOCIA TJON OF AMERICAN GEOGRAPHERS. FLORIDA SOCIETY OF GEOGRAPHERS THE GALlLEO CIRCLE OF THE AMElUCAN GEOGRAPHICAL SOCIETY REGISTER OF PROFESSIONAL ARCHAEOLOGISTS. FLORIDA ARCHAEOLOGICAL COUNOL Ms. Rebecca Grohall, AICP Growth Management Director City Hall City of-Sebastian June 4, 2006 Page 2 31382200000100000002.0 (see Appendix "C"-Legal Description). This letter report represents the enumeration of protected species based on Florida:S Endangered Species, Threatened Species, and Species of Special Concern (Florida Fish and Wildlife Conservation Commission, 29 January 2004). The list was derived by field investigation conducted in June 2006~ The intent of this report will be to inventory identified and poss'ibly occurring threatened and endangered species on the site. Site Description The subject property consists predominantly of citrus .groves (Florida Land Use, Cover, and Forms Classification System, FLUCFCS, 'TYPe #221). The dominant vegetation in the agricultural area consists of shrub vegetation present with pasture Bahia grass (Paspalum notatum) as the ground cover. The agricultural areas were easily accessible and all rows were inventoried for protected species of flora and fauna. . The northernmost limits of the site consisted of a man-made uplap.d-cut ditch with a cross section of approximately 4' in width and 3' in depth. There was no flowing water in the upland-cut ditch possibly because of drought conditions. The waterway in the northernmost limits of the subject site is possibly channelized. The adjacent pine flatwoods (FLUCFCS Type #411) and upland hardwood forests (FLUCFCS 'TYPe #420) were transected for protected species. Although species of fern such as cinnamon fern (Osmunda cinnamomea) are listed species, they pose no restrictions toward development of the subject site which are located in the waterway. No upland federal and/or State of Florida species of flora and fauna were observed on the site with particular attention paid to bald eagles (Haliaeetus leucocephalus), ospreys (Pandion haliaetus), and other raptor species of birds, Florida scrub jays (Aphelocoma coerulescens coerulescens), wading birds, and gopher tortoises (Gopherus polyphemus) and their commensal species. The wetland areas were predominantly non-forested wetland scrub (FLUCFCS Type #631) and transitional wetland areas associated with the northernmost drainage ditch area that contains some forested wetland species (wetland forested mixed, FLUCFCS Type #631). @ Ms. Rebecca Grohall, AICP Growth Management Director City Hall City of Sebastian June 4, 2006 Page 3 All areas were transected for observation of federal and state protected species both visual and inferential based on possible nests, tracks, use of habitat, feeding areas, and scat; none were observed present on the subject site. Soils All soils within the original grove area are disturbed for citrus production. All soils in the area are sandy, disturbed. The forested area and small wetlands appear to have sandy soil and hydric organic associated with the wetlands. The soil types are as follows (see soils map in Appendix "A"): . Soil Type Description #10 #13 Riviera fine sand Wabasso fine sand The Florida Land Use, Cover, and Forms Classification System (FLUCFCS) was used to differentiate the vegetative types on the site. The Level ill designations were used for habitat evaluation and are as follows: FLUCFCS Type # Description Uplands: #221 #411 Citrus Groves <Orange, grapefruit, tangerines, etc.> Pine Flatwoods #420 #421 Upland Hardwood Forest Xeric Oak: Water: #510 Stream and Waterways (upland-cut ditch for former citrus production activities) @ Ms. Rebecca Grohall, AICP Growth Management Director City Hall City of Sebastian June 4, 2006 Page 4 Wetlands: #630 #631 Wetland Forested Mixed Wetland Scrub These vegetative types are described more fully as follows: #221-Citrus Groves <Orange, grapefruit, tangerines, etc.>: Citrus groves generally occur in areas possessing a specific combination of soil qualities and climatology factors. Water bodies, which moderate the effects of short duration temperature fluctuations, often are in close proximity to this type of agriculture. Site. selection for air drainage on sloping land may also be important. . #411-Pine Flatwoods: These forests are quite common throughout much of northeni and central Florida; Originally, longleaf pines (Pinus palustris) were common on drier sites while slash pines (Pinus elliottii), which are less fire resistant, were confined to moister sites, wildfire being the contributing factor in this. distribution. However, fire control and artificial reforestation have extended the range of slash pine into former longleaf sites. The pine flatwoods class is dominated by either slash pine, longleaf pine, or both, and, less frequently, by pond pine (Pinus clausa). The common flatwoods understory species includes sawpalmetto (Serenoa repens), waxmyrtle (Myrica cerifera), gallberry (flex glabra), and a wide variety of herbs and brush. #420-Upland Hardwood Forest: This classification of upland forest lands has a crown canopy with at least a 66% dominance by hardwood tree species. This class, like the Upland Conifer class, is reserved for naturally generated stands. Hardwood plantations, where they occur, fall under the #440 class. #421-Xeric Oak: This forest comnimrity is similar to and occupies the same sites as the Longleaf Pine/Xeric Oak community except that the pines, if present, are not the @ Ms. Rebecca Grohall, AICP Growth Management Director City Hall City of Sebastian June 4, 2006 Page 5 dominant species. In many cases, longleaf pine (Pinus palustris) may have been present in significant numbers prior to harvesting, but were never regenerated. Species common to this class include sand live oak (Quercus virginiana var. geminata), bluejack oak (Quercus incana), turkey oak (Quercus laevis), and sand post oak (Quercus stellata). #510--Stream and Waterways (upland-cut ditch for former citrus production activities): This category includes rivers, creeks, canals, and other linear water bodies. Where the water course is interrupted by a control structure, the impounded water area will be placed in the Reservoirs category (#530). The boundary between streams and lakes, reservoirs, or the ocean is the straight line across the mouth of the stream unless the mouth is more than one mile (1.85 kilometers) wide. In that case, the rule given under Bays and Estuaries .#540) is followed. #630--Wetland Forested Mixed: This category includes mixed wetlands forest communities in which neither hardwoods or conifers achieve a 66% dominance of the crown canopy composition. #631- Wetland Scrub This community is associated with topographic depressions and poorly drained soil. Associated species include pond cypress (Taxodium distichum var. nutans), swamp tupelo (Nyssa sylvaticavar. biflora), willows (Salix spp.), and other low scrub with no dominant species. The Loxahatchee Slough area is an example of this classification. These habitats are suitable to a number of federal and state protected species. A revised methodology based on the Wildlife Methodology Guidelines for Section 18.D of the Application for Development Approval published by the Florida Game and Fresh Water Fish Commission's Office of Environmental Services (15 January 1988) was used to inventory protected species as identified in Florida s Endangered Species, Threatened Species, and Species of Special Concern (Florida Fish and Wildlife Conservation Commission, 29 January 2004). @ Ms. Rebecca Grohall, AICP Growth Management Director City Hall City of Sebastian June 4, 2006 Page 6 It is important to note that the FLUCFCS Type #221 (Citrus Groves <Orange, grapefruit, tangerines, etc.>) makes up the majority of the site. Because of the adaptive nature of many federal and state protected species, all areas were considered for protected species inventory including, but not limited to, Florida scrub jays (Aphelocoma coerulescens coerulescens), bald eagles (Haliaeetus leucocephalus), gopher tortoises (Gopherus polyphemus), and numerous commensals and oilier species of flora and fauna. The Florida scrub jay habitat potential was reviewed using site review and extensive knowledge of habitat usage in Brevard and Indian River Counties (see Appendix "B"). Also, the Growth Management Director's Office of the City of Sebastian provided excellent information on Florida scrub jays that was used for post evaluation: Florida Scrub Jays build their nests in dense shrubs, usually at low- to mid-level heights. Usually the nest is located at the edge 0 a dense shrubby area, adjacent to bare ground or somewhat open areas. The nest is a bulky . basket of twigs, usually taken from oak shrubs. The lining of the nest is a . tightly woven cup of cabbage palm or saw pal fibers. The jays never reuse the nest or the materials. Jays will not nest in the same location even if the nest is removed after use. The nesting seasons extends from March through June. The Florida Scrub Jay is strongly associated with several Florida scrub communities, and also will use adjacent non-scrub habitats of certain types. Please note, jays exist only in areas where one or more species of scrub oaks occur, even if only vestigially represented. Before the intrusion of humans, nearly all natural scrub communities were maintained by frequent natural fires. Florida Scrub Jays are most abundant in open oak-dominated scrub communities .of the interior and Atlantic coast sand ridges of the Peninsula. Scrub Jay habitat is broken down into three types. These types are as follows: . TYPE I HABITAT. Any upland plant community in which percent cover of the substrate by scrub oak species is 15% or more. . TYPE II HABITAT. Any plant community not meeting the definition of Type I habitat, in which one or more scrub oak species is represented. TYPE III HABITAT. Any upland or seasonally dry wetland within 1/4 mile of any designated as Type I or Type IT habitat. In most cases, the Type I habitat is recognized as xeric oak scrub, scrubby pine flatwoods, scrubby coastal strand, or sand pine scrub. Usual classification schemes are not as useful in identifying or predicting habitat type; the presence @ Ms. Rebecca GrohaU, AICP Growth Management Director City Hall . City of Sebastian June 4, 2006 Page 7 of scrub oaks is the key indicator. The third habitat type includes many different plant communities where scrub oak species are not represented ... (from letter report dated May 4, 2006, on Florida Scrub Jay Survey and Report, prepared by Bio- Tech Consulting, Inc., pages 3-4). The subject site consists of predominantly FLUCFCS Type #221-Citrus Groves <Orange, grapefruit, tangerines, etc.> habitat with no scrub habitat. The transitional and wetland habitats are riot conducive to Florida scrub jay habitat. Florida Scrub Jay Survey Methodology All areas of the site were reviewed in detail for both observation for Florida scrub jays and past nesting of the jays. The orange grove areas were walked alternatively in rows with each row with 100%, 75%, and 50% pedestrian survey and randoin cross row survey (see transect. map in Appendix "A"). The forested area was also transected throughout both in the uplands and wetland areas for protected species as well as for occurrence. of rookeries and/or individual nest(s). The inventory was conducted on April 20, 2006, from 8:00 am through 11:30 am and from 3:00 pm through 5:30 pm. The weather conditions were very clear arid there was 4% cloud cover, the temperature ranging from 780 to 840 and the wind being light. . No Florida scrub jays were observed. Mockingbirds and blue jays were observed at the edge community between the orange grove and pine flatwood/oak community. No nests were observed in the orange tree areas. Observations were also at stationary points in each row before the pedestrian survey. Tapes were not used but off-site observations on roads were made. The subject site is located adjacent to significant development pressure and development to the north and pastures to the south and west. A pine flatwood with no adjacent scrub vegetation to the east represented surrounding vegetative communities. The Wildlife Methodology Guidelines were used in a modified manner for upland surveys, small mammal sampling, and herpetofaunal surveys as follows (pp. 7-10): Upland Surveys: Sherman's fox squirrel (Sciurus niger shermani) Florida scrub jay (Aphelocoma coerulescens coerulescens) Burrowing owl (Speotyto cuniculana) Bald eagle (Haliaeetus leucocephalus) Osprey (Pandion haliaetus) @ Ms. Rebecca Grohall, AICP Growth Management Director City Hall City of Sebastian June 4, 2006 Page 8 Florida grasshopper sparrow (Ammodramus savannarum floridanus) Southeastern American kestrel (Falco sparverius paulus) Detection of individuals within this group can be difficult since these species tend to exhibit either inherently low populations or solitary behavior, or both. For this reason, survey efforts which fail to detect any of the species listed above should not necessarily be construed to imply species absence. An appropriate survey methodology should consist of morning and evening pedestrian surveys (1500 feet of transect per 100 acres) across the site for a minimum of five days. Transects should be meandered through areas of suitable habitat and changed after each survey to maximize site coverage. Transect locations should be mapped accordingly. Map all observations of listed species as well as physical features which may indicate species presence such as tree markings, tracks, nests, and cavity trees. Small Mammal Sampling: ' Florida mouse (Podomys floridanus) The location and number of small mammal transects should be based on the distribution of available habitat across the site. Each transect should consist of a minimum of 25 stations (two live traps placed within a 10-foot radius of the station) per 50 acres of suitable habitat. Each transect should be sampled for four consecutive 24-hour periods to obtain the necessary 200 trap-nights 'per transect. Traps should be shaded and checked twice each day to prevent dehydration of captured animals. Captured animals should be identified to species and released. Final survey reports should include all habitat/transect data. To maximize Florida mouse captures, sampling stations should be located in the immediate vicinitY of stumps, fallen logs, pathways, and gopher tortoise burrows. In some cases, it may be more appropriate to rely on gopher tortoise survey results to assist with the location of live trap transects. Herpetofaunal Surveys: Indigo snake (Drymarchon corais couperi) Florida pine snake (Pituophis melanoleucus mugitus) Gopher tortoise (Gopherus polyphemus) Gopher frog (Rana capito [=areolata] aesopus) Blue-tailed mole skink (Eumeces egregius lividus) Sand skink (Neoseps reynoldsi) @ Ms. Rebecca Grohall, AICP Growth Management Director City Hall City of Sebastian June 4, 2006 Page 9 Species in this group are extremely difficult to census due to their highly cryptjc nature and seasonal activity patterns. Investigators should be aware of how seasonal and local conditions may influence individual species sampling success. Gopher frog, indigo snake, and Florida pine snake populations should be censused using a combination of pedestrian surveys and funnel trapping. On portions of the site that support moderate to high densities of gopher tortoises (Gopherus polyphemus) (OA individuals per acre or greater), one-way funnel traps (minimum three-foot length) should be placed at the burrow entrance of at least 25% of the active, inactive, and abandoned gopher tortoise burrows on a site. Greater sampling effort for gopher frog populations should be expended on burrows within one-half mile of intermittent wetlands. Traps should be shaded and left in place for at least four consecutive days and checked twice each day. Upland pedestrian surveys for these species are best conducted during the spring, summer, and fall months. When conducting winter month surveys, investigators should closely observe gopher tortoise burrows for the presence of basking indigo and Florida pine snakes in the vicinity of the burrow, and gopher frogs just inside the burrow entrance. Snake observations can be increased if surveys are conducted during warm sunny days between early and mid-afternoon hours. During the months of February through October following heavy rains, nighttime monitoring of frog vocalizations from intermittent wetlands can be conducted to determine the presence of gopher frog breeding habitat within a site. Site Review Staff of Storm L. Richards & Associates, Inc., transected the site in June 2006. Special attention was given to the upland areas and forested area for potential habitat of protected species. The site was reviewed in the early morning and late afternoon hours on several occasions. Transects were made throughout the property based on review of each row of the citrus grove and a thorough review of the northern boundary and wetland area located in the northern portion of the site (see maps in Appendix "A"). @ Ms. Rebecca Grohall, AICP Growth Management Director City Hall City of Sebastian June 4, 2006 Page 10 Species Inventory Upland areas comprise the dominant vegetative community type for the site in which protected species might occur, although the upland areas are altered and formerly were used for citrus production. This habitat is not conducive to Florida scrub jays (Aphelocoma coerulescens coerulescens) and none were sighted nor were their distinctive twig- and sawpalmetto-lined nests sighted. There were no gopher tortoise (Gopherus polyphemus) burrows inventoried during field review of the site. No wading birds or rookeries or nesting areas were observed. Mature slash pines (Pinus elliottii) did not have nests of protected species such as eagles or owls, and a search of the eagle nest locator database provided by the Florida Fish and Wildlife Conservation Commission (FFWCC) in June 2006 did not show eagle nests on or near the subject site. No cavity trees were observed on the site. A listing of species potentially occurring on the site includes the following: The open upland areas include animals such as armadillo (Dasypus novemcinctus), Florida mouse (Peromyscus floridanus), hispid cotton rat (Sigmodon hispidus), eastern cottontail rabbit (Sylvilagus floridanus), opossum (Didelphis virginiana), raccoon (Frocyon lotor), and striped skunk (Mephitis mephitis) as mammals observed or potentially occurring within on-site. Birds typically may include, but are not limited to, Bachman's sparrow (Aimophila aestivalis), red-tailed hawk (Buteo jamaicensis), red-shouldered hawk (Buteo lineatus), killdeer (Charadrius vociferus), nighthawk (Chordeiles minor), common bobwhite (Colinus virginianus), American kestrel (Falco sparverius), turkey (Meleagris gallopavo), screech owl (Otus asio), and starling (Sturn us vulgaris). Reptiles may typically include the yellow rat snake (Elaphe obsoleta), eastern indigo snake (Drymarchon cora is couperi), pygmy rattlesnake (Sisturus militarius) pine snake (Pituophis melanoleucus mugitus), box turtle (1errapene carolina), gopher tortoise (Gopherus polyphemus), and the Florida ribbon snake (Thamnophis sauritus). Red-cockaded woodpeckers (Picoides borealis) are riot . anticipated to use this site due to the lack of mature pine trees in the area. Threatened and Endangered Species Species which occur or could potentially occur on the proposed County Road 512 development site and have legal status according to the Florida Fish and Wildlife Conservation Commission (FFWCC) and the U.S. Fish and Wildlife Service (USFWS) are listed in Appendix "D"-List of Protected Animals with Potential for Occi.rrrence on the Proposed County Road 512 Development Site, Section 22, ToWnship 31 South, Range 38 East, Southwest of the City of Sebastian, Indian River COUIl,ty, Florida. @ @ Ms. Rebecca Grohall, AICP Growth Management Director . City Hall City of Sebastian June 4, 2006 . Page 11 Summary Gopher tortoises and conimensal species were inventoried both in the orange grove area and the pine flatwoods area. The pine flatwood area has a dominant sawpalmetto groundcover These areas were evaluated for gopher tortoises and commensal species. No tortoise trails were observed or easily identified foraging areas with easily observed maintained grassed areas. No gopher tortoise burrows were observed. The high groUndwater table precludes active gopher tortoise burrows for the site and past abandonment possibly reduces/eliminates a gopher tortoise population on the site. Transecting the site and evaluating for protected species was aided by rows throughout the entire site (see transect map in Appendix "A"). No protected federalandlor state species were observed. Please do not hesitate to call if you have any questions or need additional information. Thank: you again for your review and comments. Respectfully submitted, -""""'''' --_AnD ....". .t#:~~ ..........~I)IJ. "t 'fj Of '0. "" t J' lH\U~lNrAL ". , ~ PIOf.SSIOH.\U I .. .--.C.........Li... ~ ~tlY....Wgtk\mj~.:I ~ ~ 03562 l..~ I t. ~ ". tlJm\\.' ....~.:: It ~~..........~Ca~ .. \\l(lNtAl "\\':"J . ''''''''~- Storm L. Richards, Ph.D. Certified Environmental Professional Florida Association of Environmental Professionals, Member Appendix "A": Appendix "B": Maps of Site Professional Summary including ThreatenedJEndangered Species Projects Legal Description List of Protected Animals with Potential for Occurrence on the Proposed County Road 512 Development Site, Section 22, Township 31 South, Range 38 East, Southwest of the City of Sebastian, Indian River County, Florida Appendix "C" Appendix "D": ~..... Ms. Rebecca Grohall, AICP Growth Management Director City Hall City of Sebastian June 4, 2006 Page 12 cc: Mr. Will Reynolds Century Realty Funds, Inc. 500 South Florida Avenue-Suite 700 Lakeland, Florida 33801 Mr. Jared Hockenberry Proj ect Manager Kimley-Horne & Associates, Inc. 601 21st Street-Suite 400 Vero Beach, Florida 32960 .~ \Sv APPENDIX "A" MAPS OF SITE @ ( l APPENDIX liD" LIST OF PROTECTED ANIMALS WITH POTENTIAL FOR OCCURRENCE ON THE PROPOSED COUNTy ROAD 512 DEVELOPMENT SITE, SECTION 22, TOWNSIllP 31 SOUTH, RANGE 38 EAST, SOUTHWEST OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA @ LIST OF PROTECTED ANIMALS WITH POTENTIAL FOR OCCURRENCE ON THE PROPOSED COUNTY ROAD 512 DEVELOPMENT SITE, SECTION 22, TOWNSHIP 31 SOUTH, RANGE 38 EAST, SOUTHWEST OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY; FLORIDA Designated Statusl Species Habitat USFWS2 FFWCC3 Birds: Aphelocoma coerulescens Oak habitat; habitat T T coerulescens marginal; none sighted Florida scrub jay Haliaeetus l. Near rivers and T T leucocephalus marshes; none Southern bald eagle sighted; no nests; . preferred habitat not available; no nests on or near site listed on eagle nest locator data- . base provided by the Florida Fish and Wildlife Conservation Commission Pandion haliaetus Near rivets, lakes; SSC1,2 Osprey none sighted Picoidesborealis Mature pine trees; E SSC Red-cockaded no cavity trees; woodpecker none sighted Picoides villosus Variety of habitat; 4 4 audoboni none sighted Hairy woodpecker Reptiles and Amphibians: Drymarchon cora is couperi Dry, sandy areas; T T Eastern indigo snake possible occurrence; none sighted Gopherus polyphemus Live oak, pine, C2 SSC1,2,3 Gopher tortoise turkey oak; no burrows sighted Pituophis melanoleucus Dry, sandy areas; C2 SSC2 Florida pine snake possible occurrence; none sighted @ - Designated StatusI Species Habitat USFWS2 FFWCC3 Reptiles and Amphibians-Continued: Rana aereolata aesopus (= Rana capito) Florida gopher frog Dry, sandy areas; some possibility of occurrence; none sighted C2 SSC1,2 Mammals: Podomys fioridanus Florida short-tailed mouse Sand pine scrub, early successional stage; possible occurrence; none sighted C2 SSC IE:: Endangered; T = Threatened; sse = Species of Special Concern (see end of footnote); C2 = Candidate for listing, with some evidence of vulnerability although with insufficient information at. present to support listing, but which is encouraged for consideration in environmental planning. Reasons for SSC listings J;>rior to January 1,2001, are indicated by the number ill superscript under the following critena: .. . . I Has a significant vulnerability to habitat modification, environmental alteration, human disturbance, or human exploitation which, in the foreseeable future; may result in its becoming a threatened species unless appropriate protective or. management techniques are initiated or maintained. May already meet certain criteria for designation as a threatened species but for which conclusive data are limited or lacking. May occupy such an unusually vital or essential ecological niche that should it decline significantly in numbers or distribution other species would be adversely affected to a significant degree. Has not sufficiently recovered from past population depletion. Occurs as a population either intentionally introduced or being experimentally managed to attain specific objectives, and the species of special concern prohibitions in Rule 68A-27.002, EA.C.; shall not apply to species so designated, provided that the intentional killing, attempting to kill, possession,. or sale of such species is prohibited. 2 3 4 5 2U.S. Fish and Wildlife Service 3Elorida Fish and Wildlife Conservation Commission (formerly Florida Game and Freshwater Fish Commission) 4Listed under other species reviews. @ ~ HOMI Of PWCAN lS1AND eit of Sebastian, Florida Subject: Amendments to the Construction Services Award for the Historical Rehabilitation of the Old Sebastian Elementary School Bull . g. Agenda No. 0 I). l2. 1 mittal by: City Manager Department Origin: Ci~ Manager Finance Director: ~..,; ~ City Clerk: City Attorney: Date Submitted: July 12,2006 For Agenda of: July 26,2006 its: 1. Old Sebastian Elementary Historic Rehabilitation Construction Services Agreement 2. Amendment One to the Construction Services Agreement 3. Amendment Two to the Constrnction Services Agreement EXPENDITURE REQUIRED: $7,000 AMOUNT BUDGETED: $0 APPROPRIATION REQUIRED: $7,000 FUNDING SOURCE: Series 2003 DST Revenue Bonds Interest Eamin mSTORY On May 10th, 2006, City Council authorized the construction services award for ,the historical rehabilitation of the Old Sebastian Elementary School Building, to E & D Contracting Services, Inc. in the amount of $854,360.00. On May 15th, 2006, the bid documents, the construction services agreement with Addendums #1 & #2, along with all drawings and specifications were forwarded to the Florida Department of State, Bureau of Historic Preservation for final approval. In reviewing the drawings and specifications by David Ferro, of the Department of State, it was discovered that by installing carpet in the first floor corridor, it represented a significant departure from the scope of work. indicated in the grant application previously approved. The flooring in this area had to match the original wood flooring. We then contacted E & D Contracting Services, Inc. and a price of $7,000.00 was added to the contract price to refinish the hardwood floors and install a wood base, to satisfy the requirement. Hence, Amendment number one is attached for your consideration. Amendment number two was necessary to include the performance bond requirement, which, though required in the bid and is included in the price, was omitted from the original construction services agreement. The compensation for the construction services agreement has been amended to $861,360.00. @ Following is a breakdown of the Old Sebastian Elementary Historic Rehabilitation project funding: Revenue Sources Discretionary Sales Tax Series 2003 Discretionary Sales Tax Revenue Bonds Department of State Historical Grant Interest Earnings Unallocated interest earnings T ota! revenue available Amount $200,000 $341,315 $250,000 $122,980 $ 22.621 $936,916 Project Costs John Dean Architect E & D Contracting Services Administrative Expenditures T ota! project costs and current budget $ 47,666 $861,360 $ 2.952 $911,978 Estimated revenue over expenditures 24.938 RECOMMENDED ACTION Move to approve execution of Amendments one and two, to include the use of interest earnings from the Series 2003 Discretionary Sales Tax Revenue Bonds to fund the additional $7,000.00. @ ; t OLD SEBASTIAN ELEMENTARY HISTORIC REHA;BILITATION CONSTRUCTION SERVICES AGREEMENT THIS AGREEMENT made this R day of ~U L \/ , 2006, by and I between the CITY OF SEBASTIAN, a municipal corporation of the State of Florida, 1225 Main Street, Sebastian, Florida, 32958, ("City") and ];e. 0 (' "/)LJ\~~~ ~".olc.es) \,L)c--. ("Contractor"), sets forth that WHEREAS, the City desires to engage a Contractor who has special and unique competence and experience in constructing parking lot improvements; 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, THEREFORE, 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 obligations hereunder are completed. 2. AGREEMENT DOCUMENTS. The Agreement Documents (also called CONTRACT DOCUMENTS) consist of this Agreement, Request for Proposal, Construction Drawings, Technical Specifications, the Grant Agreement attached as Exhibit "A", Work Orders, Change Orders, Addendum #1 & #2, 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 integrated 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 purport 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 1 standards of @ materials and construction. Contractor shall otherwise devise the means of installing the specified improvements. It is also intended to include all labor and materials, equipment, and transportation necessary for the proper execution 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 A~eement. 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) Construing 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 conflict between the terms of the Agreement Documents, primary effect shall be given first to written modifications issued after execution of this Agreement, if any, then in descending order: the Grant agreement, this document, the Technical Specifications and Construction Drawings, and the remainder of said documents. 3. EMPLOYMENT OF CONTRACTOR. The City hereby agrees that it shall engage the Contractor and the Contractor hereby agrees to perform contracting services for City in the Old Sebastian Elementary Historic Rehabilitation Project. @ 2 4. SCOPE OF WORK AND RELATED DATA. The intent of the Construction Drawings, Technical Specifications and other Contract Documents is that 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 Construction Drawings, Technical Specifications and other Contract Documents, and all incidental work considered necessary to substantially complete the Work ready for use or operation in a manner acceptable to the City. Any discrepancies found between the Construction Drawings, Technical Specifications 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 of errors or omissions in the Construction Drawings and Technical Specifications 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 Construction Drawings and Technical Specifications, 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 Construction Drawings and Technical Specifications. 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 Construction Drawings and Technical Specifications, shall be furnished and executed the same as if they were called for by the Construction Drawings and Technical Specifications. The Contractor will not be allowed to take advantage of any errors or 3 @ omissions in the Construction Drawings and Technical Specifications. The City will provide full information when errors or omissions are discovered. 5. COMPENSATION. The City will pay the Contractor the fixed sum amount of $ for performance of the Work hereunder. Contractor shall submit monthly invoices to the Project Manager reflecting the percentage of the total project completed in said billing period and the pro-rata amount of the contract price due accordingly. Upon approval of the invoice by the Project Manager, City shall pay said invoice less ten (10%) percent retainage in accordance with industry standards. 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 notify 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 thereby 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. Any such subsequent agreement shall be inclusive of all claimed compensation and expenses related to the additional work, including claims for delay or acceleration. 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 determined, 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 certify 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 .(2) 4 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 satisfactory completion of the Project ready for use within 270 days. No extension of time shall be valid unless given in writing by the City. A delay beyond the Contractor's control occasioned by an "Act of God" shall entitle the 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. The words "Act of God" mean an earthquake, flood, hurricane (or other named tropical event including enumerated tropical depressions), tornado or other cataclysmic phenomenon of nature. Time extensions shall be the exclusive remedy for any claimed damages originating from such delays. Rain, Wind or other natural phenomenon (including tropical waves) of normal intensity for the locality shall not be construed as an Act of God, and no extensions or claims for delay damages may be based upon the same. 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 that 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 of the Contractor. 8. TERMINATION OF CONTRACT WITHOUT CAUSE. This Agreement may be terminated by the City without cause provided at least five (5) days written notice of such tennination 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 o \ ~ 5 ( 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 mid 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 the Construction Drawings and Technical 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. 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 Construction Drawings and Technical 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 @ 6 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 perform 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 City, be discharged from the Project immediately and shall not be employed again in any portion of the Work without the approval of the City. The Contractor shall at all times be responsible for the conduct and discipline of his employees and/or any subcontractor or persons employed by subcontractors. 12. PROTECTION OF PERSONS AND PROPERTY. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work in accordance with the U.S. Department of Labor Occupational Safety and Health Act and the laws of the State of Florida. This Contract requires that the Contractor and any and all subcontractors hired by the Contractor comply with all relevant standards of the Occupational Safety and Health Act. Failure to comply with the Act constitutes a failure to perform. The Contractor agrees to reimburse the City for any fines and/or court costs arising from penalties charged to the City for violations of OSHA committed by the Contractor or any and all subcontractors. The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to, all employees on the Work and all other persons who may be affected thereby; all the work materials and equipment to be incorporated therein, whether in storage on or off the project site, under the care, custody or control of the con~or or any of his subcontractors; and Oth~ property on the project site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course. of construction. The Contractor shall perform any work and shall furnish and install materials and equipment necessary during an emergency endangering life or property. In all cases, he shall notify the Project Manager and City of the emergency as soon as practicable, but he shall not wait for instructions before proceeding to properly protect both life and property . The Contractor shall be held fully responsible for such safety and protection until final written acceptance of the Work. 13. CONTRACTOR'S RESPONSIBILITY FOR WORK. Until acceptance of the Work by the City, it shall be under the charge and care of the Contractor, and he shall take every necessary precaution against injury or damage to the Work by the action of the elements or from 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 addition81 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. CLEANING 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 GlJ 8 of the site not designated for alteration and all such property; structure, utilities, landscaping, etc., disturbed or damaged during the prosecution of the Work. 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 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. INDEMNIFICATION. The Contractor shall indemnify 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 int~est, 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 9 @ on behalf of the Contractor to any person for 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 enterin~ 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 CQngress or an employee of a 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 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 any professional work which conflicts with his duties as the City's Contractor 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. Gi0 10 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 thana 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 not be required to provide Bonds in the form prescribed by State Law, and generally as shown in these Documents, for Performance and Payment. 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 trial by jury in any action to enforce or otherwise resolve any dispute arising hereunder. 28. INSURANCE. The Contractor agrees to carry insurance, of the types and subject to the limits as set forth below and maintain said insurance during the life of this agreement: (a) Workers' Compensation Contractor shall purchase workers' compensation insurance as required by law. 11 @ (b) Commercial General Liability - Contractor shall purchase Commercial General Liability insurance with a combined single limit of at h~ast $1,000,000. ( c) Commercial Auto Liability - Contractor shall purchase Commercial Auto Liability insurance with a combined single limit of at least $1,000,000. 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 Ihibility 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 proof of insurance, naming the City as additional insured parties, prior to the start of construction as provided in the Contract. 29. GUARANTEE. The Contractor shall warrant all equipment furnished and work performed by him for a period of one (1) year 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 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 (jjj) 12 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 Construction Drawings and Technical 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 one (1) year from the date of final written acceptance of the Work by the City. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. ATTEST (SEAL): '" . er, III, City Manager 13 @ Approved as to tom and lega.lltY :tor reliance by the Citv of Sebastian only: 'f,&S;~ Rich Stringer, C' ttorney Signed, sealed and delivered in the presence of: CONTRACTOR: Name: ~W.D0-- By: 9\ 6e.. l--\. DG.G5 Its: . 'Pe.,~ \ ot;;.\S\ Name: @ 14 -;:. t AMENDMUT.NI1MB.IJt ONE TO AGREEMENT BETWUN crrv OFSDlASI'IAN ANDE& DCOft"I'RACTING smVl~INC. CONSTIWCTIONSJ:.RVICI:SIVIlTBEIIISTOBICALItDlABlLlTAllONOPTBE OLDSBBASI'MND.rDIENTARYSCBOOL. DATmIMY ~.2t96 1HIS AMiENDMENT made in ~ of that certain AGRF.EMENT BR'I'WEEN mE OWNER ANDCONI'RAClUR, appmved. by CityCe.uncilOlltDe tf/4 day GfM:ay, 2006, anddle~~by_~.ClTYOF~a~corporationof the SlateofHomlas .f'Cit1"}and E &D~ Serrices.. ~r'E& ~ ~ lIS follows: . 1_ ~ ~ ReauiIed. AttadJment - ~ A- SPECIAL CONDi'IlONS.OF ()~Olt A~AS lmQ1JIR1ID BY HISTORIC PRESEltVATION GRANT AWARD AGItEEMBrr ..be ~ . '""-- .-. - . -:M..:_ ..1:_-- . L_ .~ _;I reIIirDed tmo we; ~ sennces apeemeBt. Juu..twA<~ IS W. Uc;. -'J$U"- ~ ,. .. , with tne executed.~- ~ pm ofb apprDVed~ 2_ ~ 8Bd Chmgem .~ofW_ UBder.Addendllm #3. AUadlment- Exln1>>t B -"",ddeBdum t3 shaD be incorporated into 1D.e~ODservires agreement. The dooumeat is m he signed and ~. with the exemted agm:mentand ~Ane& part of the approved costtact. . 3_ Alletl~U;'t,g tetmSof tile ~ as modified .Ihrough AddemBms II, #2 ami #3, tkereto, $ball remain in :fuft tome and .effect am sWI apply to die adifitional services pafOnned hereunder. The compensation for theconstructioa ,senia:s agreement has been amended to SBi'1368JM" IN WITNESS WHBREOF, the parties hereto have caused these presents lObe~ed, the day and year first above WIiuen. Al'TFSf(SEAL): TBECITY OF SEBASTIAN Sally A- ~ CMC City Clerk By: AI Mumer,City ~ Approved as to form and legality fur reliance by the City of Sebastian 'only: E & D Contracting Services, Incotporated Br-~. -. . \4.()~ Ginger , President Rich Stringer, City AtIomey @ Exhibit A SPECIAL CONDffiONS OF OWNERICONTRACTOR AGREEMENT AS REOOIREDBY H).STORIC PRESERVATION GRANT AWARD AGREEMENT project: Oti Sebastian BementaJy School Project ~ ResoorcesGtant-in-AidNo.: SC356 AgreementAmended: DateGf~ Parties; 1. City of Sebastian (Agreement) (Ovmer') 2. E & D Constracting Servicp.R Tnr.. {contractor} These Speeiat Conditions shaD suppfement and become part of the Agreement .and &haI supersede any conflicting provistons of said Agreement 1. Equal Employment Opportunity Compliance The Comraetor sbaI comply. with Tt1e VI of the CMI Rights Ad of 1964. Seotion 504 of the RMabllta1ioo Ad of 1913, and Title lof tt-.e Americans with Disabiities Act of 1990 ill that: No person in me United States at-rat; on t~g;"'unds of race, creed, cc-tor, nat~ 00gi.n, sex, ~; . politiea1 afOOafion, beliefs. or dfsabltty be subject to discrimtnaoo..'1 under any program w activity Which me Contractor has agre.edto undertake ):)yand through me covenants ana provisions set lOlu! in this Agreement. 2. Auess to Records TbeCOiwacwr ~iilii -keep ,Ot.~ ~~-saL~t~~ fi;}a.id~_trr.;olcef a.-n:1 em~+~im~nt re.~ ~frnng to ~$ wnu-actUal -Googatirn. betwean. ~tG ~Gt-:~es rei ;.n.i;-all'dH ana ?w<<:rst-audi! pL!fpo-:~S 'for 3 _p~rlOO of m~ years f~ .me GOmj)ieiion of aU f;i'~ wc(~ iji ii~ a.t! ctah-r-iS ami ~\~ft fmd$ m'!-':>.tving these records have been received. whichever is iater. TtJe O.r.T.~r. ft.-e FloridaDep&"tir~'1t of State. crarr; of their dtdy authorized represeJ'ltatives shaii nave access tv afij' books.. doc~-ents. pa}:.ers and records of the Contractor which aredirecfiy ~ ro U"~Agf~me4{. for b.....e purp-ose of making audJt. ~exceipiS. and uaftSCt..!..ption.. .3. ;;.-= ___~__-! !.!. .~.. .,.'" _'J_L._ .;....~,,. .......1. vVVU,uaIU'-I.: Fwfti--.,,;:;;"ftGAC:;;- n:;"&, 11:-e Contractor ~r.-d gfl St..!bccmractQf$ $hall comply wit..h the C".()peland ..Anti-Kjd{~ Act 18 use 874 as per \t'~ ~L'irements ncred in Special Pro\Jfskms Sectrnn 1600, Pa~aph 1.tEt By t;;~o Co~L'Y,", ~e,\IIC~j\.Pc.... Cc~ntractc-~ \. 'Zoo' ~,I,\ 0 ~fZ,. LbP~ t:,L\I.o. Addi~ ~b.P~%~U4't::> 3\405 By ,~>- ~. lk~ Date City of Sebastian Owner 1225 Main Street Addtess Sepastian. Florida 32958 Date Page 1 of 1 @ .,' .- ~11AN ~~ _ OJ fEUCAN 15UND EXHIBIT B ADDENBlJMfB JIistorieaI :aebblUtafiola of d1e OW SehstiaB Elemmtal'Y School Ardlitedt5 Pmjedaet3-t41 1 page Date: l4.ay 19t 2006 To; E&D~Semces,mc. This Mdemfum 113 hereby becomes part of 1heC<JDS~ft Serriees A,gr~ approved by tbeCityof Sebastian. City ComleihmMay ltf"~2006 . . ADDENDUMMF..ssAG1: CLARIDCATIONS AND CHANGES IN SCOPE I. Ciarificatiolt of ~ 1I1~ Item fl.J. New.wirmg, outlets aDd ~ shall be concealed whereVer~ 2. Cleriti~ of A~ In, Item flU~.The mwceiling finish shaH mateR the tcx1ure of the miginat plaster. 3. Change of scope of Addendum #1. Item #23. Delete .carpetand:cove base at lit floor entryway and haJt,.and change to demQ plywood, refmish hardwood ftoorsand instau \vood base to rnat.cn existIng base Qn. second~. ContraetQr shan be p3Jd an amount nut tu ex~ed S2ven tboosand doHars aI"A zero ceitts (S1,OOO.QO), 4. Cfarme~jvr. of inte....ior r floor sta..1rwcll raillng requirement. Conuactor to build curb \.ffih Hke mai>~a~ lh-m finish to raise the two (2} existing railings to the 42" height requirement. . 5. AIL 0T.l.1ER TER."1S AND CO}('DmONS REMAIN THE SAME. 6. Thispiige llWSt k Fe..'OUi;mi~KilliiidsigJi~, as a~wkdgenumt ef reeeipt, with th~ e~ COIltraet. By, 4p~')eJ>-.. iw.L fill WJi Debra Kmeger, . ssistan(J'inance D1rcctor - 1 -Addendum #3 - E & D Contracting Services @ @ AMENDMENT NUMBER TWO TO AGREEMENT BETWEEN OTY OF SEBASTIAN AND 'E &: D CON1'RACl1NG SERVICES, INC. . CONSTRUCTION SJ:RVlCES FOR THE HISTORICAL REHABILITATION OF THE OLD SEBASTIAN ELEl'dENTARY SCHOOL. DATED MAY 1',1006 nus AMENDMENT made in modification .of that certain AGREEMENT BETWEEN THE OWNER. AND CONTRACTO~ approved by City Council on the 1011I day of May, 2006. and the addenda thereto. by arid between the CITY OF SEBASTIAN) a municipal corporation or the State of Florida, ("Cjty") and E & D Con.lTacting Services. IncoJPOl'8led. ("E & D"), provides as follows: 1. Revise Item 24. Of Construction Services A~~t - Bond - The Contractor lUll provide Bonds in the form prescribed by State law, for Performance and Payment:, each in the amount of 100% of the tota1 contraCt amount. . 2. All remaining terms of the Agreement, as modified through Addendums #1, #2 and #3, and Amendments Dumber one, thereto, shall remain in full force and effect. The compensation for the con.~on: services agreement remains S 861.360.GO. IN WITNESS WHEREOF, the parties hereto have caused these presents to be exec11ted, the day and year first above written. ~. AITEST (SEAL): Approved as to form and legality for feU by the City of Sebastian only: tl E " D Contracting Services. Incorporated By: -~~ 8. ()=--:> Ginger President ~~ @ HOMl OJ' PWCAN JSLANl) City of Sebastian 1225 Main Street . Sebastian, Florida 32958 Subject: Resolution No. R-06-17- Support for Construction of New Middle School on 66th Avenue Agenda No: 0 (P . II (p Department Origin: City Clerk for Council City Attorney: Date Submitted: 7/20/06 For Agenda of: 7/26/06 Exhibits: R-06-17 SUMMARY STATEMENT City Council, at it July 19, 2006 Special Meeting directed that a resolution be drafted for consideration on July 26, 2006 supporting the construction of a new middle school on 66th Avenue and efforts to alleviate overcrowding at Sebastian River Middle School. The City Attorney is attending a conference and asked that I prepare the resolution for you. I hope it meets the spirit of Council's intent. RECOMMENDED ACTION Adopt Resolution No. R-06-17. @ RESOLUTION NO. R-06-17 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, STRONGLY URGING THE INDIAN RIVER COlJNTY SCHOOL BOARD TO CONSTRUCT A NEW MIDDLE SCHOOL ON SCHOOL DISTRICT PROPERTY ON 66TH AVENUE, AND TO TAKE IMMEDIATE STEPS TO ALLEVIATE OVERCROWDING CONDITIONS AT SEBASTIAN RIVER MIDDLE SCHOOL. WHEREAS, in response to recent action by the Indian River County School Board to begin design and construction of a new south county high school rather than address existing overcrowding problems in the County's middle schools, the City Council of the City of Sebastian conducted a Special Meeting on July 19, 2006 to hear concerns of its constituents and invited members of the School Board; and WHEREAS, data and information presented at the meeting, such as the six lunch periods that must begin at 9:30 a.m. to accommodate the large number of students and need for twenty-six portables for classes at Sebastian River Middle School, exhibited appalling conditions of severe overcrowding in middle schools which City Council and parents believe are detrimental to the students' health, safety and welfare; and WHEREAS, data provided also exhibited that there is no immediate need for additional high schools at this time. WHEREAS, City Council, on behalf of its constituents, reached a consensus to send a resolution to the Indian River County School Board expressing a strong recommendation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA: SECTION 1. The City Council of the City of Sebastian strongly urges the Indian River County School Board to take action to approve the construction of a new middle school on property owned by the Indian River County School District on 66th Avenue for completion within two years. SECTION 2. The City Council of the City of Sebastian strongly urges the Indian River County School Board to take immediate action necessary to alleviate severe conditions of overcrowding at the Sebastian River Middle School to protect the health, safety and welfare of the students who attend the school. SECTION 3. This resolution shall take effect immediately upon its passage. The foregoing Resolution was moved for adoption by Council member . The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Nathan B. McCollum Vice Mayor Brian S. Burkeen Councilmember Andrea B. Coy Councilmember Sal Neglia Councilmember AI Paternoster The Mayor thereupon declared this Resolution duly passed and adopted this 26th day of July, 2006. CITY OF SEBASTIAN, FLORIDA By: Nathan B. McCollum, Mayor ATTEST: Sally A. Maio, MMC - City Clerk Approved as to Form and Legality for Reliance by the City of Sebastian Only: (SEAL) Rich Stringer - City Attorney @ @ , HOME ..Of PELICAN ISLAND AGENDA TRANSMITTAL Subject: Agenda No. Ola. I Z 7 or Submittal by: Department Ori Finance: City Attorney: City Clerk: Airport Fuel Tank Construction .. Date Submitted: 20 Julv 06 Exhibits: See Attached EXPENDITURE REQUIRED: $240,960 AMOUNT BUDGETED: $252,781 APPROPRIATION REQUIRED: $25,000 FUNDING SOURCE: GF Advance to Airport SUMMARY For sometime, the Sebastian Airport has been working to construct an aviation fueling faCility. The City would operate this facility and revenues generated from sales would be returned to the Airport Enterprise Fund as a way to diversify revenue streams. Further this facility would be a "self-serve", twenty-four hour station whereby pilots could refuel at anytime for convenience, minimizing the need additional staff and costs for the Airport. While much debate continues with regard to this operation, its intent is not to compete with plivate providers. This type of fixed base operation is typical and other statewide airports have publicly operated aviation fuel providers. Moreover, one continued demand from local pilots is the need for fuel as they have reported that currently their needS are not being met. By being funded for this project with grant funds, it is a sign that the FAA and FOOT agree that this service needs to be provided in Sebastian. In designing this facility a few key factors were considered. First the size ofthe fuel tank is 12.000 gallons. This size was selected to optimize the purchase or wholesale fuel. At this size (and at full operation), staff anticipates one fill up a month, totaling 144,000 gallons of fuel being sold annually. While each sale will vary in the amount of fuel sold, it would require 8 sales of 50 gallons per day to empty a 12,000-gallon tank. Remembertoo, Sebastian has about 80 aircraft located on the field. Another consideration was retail price. While we have not fixed a retail price, the goal is to set fuel prices to SOlVe primarily local traffic. Cash supplements are avauab@ via the -General Fund Advance to Airport Capital Projects Reserve- fund and $ 161,500 has been established in the FY 07 Budget to serve as -seed- money for initial fuel costs. A third design consideration was placing the tank away from the fueling area, It is anticipated that the tank wilt be located on the south side of the Police Evidence Compound. While this design increased project costs, it provides several beneficial factors making it worthy of the additional expense such as (1) safety, (2) room for future expansion; and, (3) aesthetics. Finally in summarizing this project, it is also necessary to bring Council up to date on the procurement process of the fueling facility. The project was initially advertised January 8, 2006, with a bid opening for February 2200. The project contained the fuel tank as a base bid and . included off-site piping for Alternate 1; a Wash rack for Alternate 2; and, Ramp Ughtingfor Alternate 3. For this advertisement, we had no bidders. The main reason given by potential bidders was that they were extremely busy at the time, and they were unable to find a team of qualified contractors to work together do the fuel storage, plumbing and electrical work. Between advertisements, staff worked with our retained engineers (The LPA Group) to secure/reallocate more funding and r~packages the bid documents to make it more appealing to bidders. Also, he project scope was reduced by removing the wash rack. The second advertisement was ready for bid on March 10th, with a bid opening scheduled for April1Sth. This time the project folded the off-site piping Into the base bid. However, two alternatives were considered; those being additional empty conduit for future gas tanks or brand variety - Alternative 1 and ramp lighting - Alternative 2. The single bidder was Glasgow Equipment Service Company (West Palm Beach, Florida). Their base bid price was $294,727, which exceeded the City's original budget of $200,000. Through negotiation with the apparent low bidder, several items were eliminated from the bid, including Alternate 1 which (can be done by the City of Sebastian crews for a fraction of the price), and the actual fuel for testing (can be purchased by the City at a later date, used for testing, and then sold for use in aircraft). Through this negotiation, the actual construction cost was reduced to $240,960, meeting the City's budget. However, to meet the budget figure of $240,960, a few financial blocks had been shifted. Initially, the FOOT awarded a $160,00 grant to the City for the Fuel project. This was an SO% /20% grant. When the initial procurement process for this bid came in high, as mentioned above, the scope was changed and money was shifted. At the June 14th Regular Meeting, Council approved two motions that shifted $125,000 from the $250,000 -Purchase Land Grant- to the -Fuel Project- grant. The revised budget and funding sources for this project are as follows: OOOlnal Budaet $ 200,000 FOOT Grant Discretionary Sales Tax $ 160,000 $ 40,000 Revised Budaet $ 325,000 FOOT Grant Discretionary Sales Tax $ 260,000 $ 40,000 GF Advance Reserve $25,000 For your infonnation, engineering costs for this project are $47,219, bringing the total current project expenditures to $288,179, with a remaining balance of $36,821. RECOMMENDED ~CTION Staff recommends award of the fuel tank construction project to the Glasgow Equipment Service Company in an amount of $240,960. ~.l2 l~' .Jul 20 06 05:08p THE LPA GROUP INCORPORATE 407 306 0460 p.7 QUOTATION No. S-0916 A QUOTATION & CONTRACT For Installation or Service DATE: MAY 16,2006 PAGE_I_OF _1_ GLASGOW EQUIPMENT SERVICE, INC. P.O. BOX 10087 RIVIERA BEACH, FLORIDA 33419-0087 PHONE (561) 842-7236 '" FAX (561) 842-7402 CITY OF SEBASTIAN 1225 MAIN STREET SEBASTIAN, FL 32958 RE: AIRPORT ; IN RESPONSE TO YOUR IKQUIRY. WE SUBMlTTHEFOLLOWING QUOTATION: PROVIDE LABOR, EQUIPMENT AND MATERIALS TO INSTALL A 12,000 ABOVEGROUND A VGAS FUEL STORAGE TANK INCLUDING: . SUBMIT PERFORMANCE AND PAYMENT BOND. . PREP ARE ENGINEERED ORA WIN"GS AND OBTAlN REQUIRED PERMITS. . BARRICADE wo~ AREA. . SAWCUT fBREAKOUT ASPHALT AND PREPARE AREA FOR CONCRETE SLAB . FURNISH AND POUR STEEL REINFORCED CONCRETE SLAB FOR TANK. . FURNISH AND INSTALL CONCRETE REINFORCED STEEL BOLLARDS AROUND TANK SLAB. . FURNISff CRANE. OFFLOAD AND SET ONE (1) H,OOO GALLON DOU"BLE,"VALL UL-142 ABOVEGROUND "FUEL S.TORAGE. TANK.. . FURNISH/INSTALL ALLREQU1RED VENTS, VALVES. SOLENOID VALVE, TANK FITTINGS, EMERGENCY VENTS AND GORMAN RUPP FILL PUMP \VITH VELCON FILTER VESSEL. TANK ALSO INCLUDES HAND PUMP, EXPLOSlON PROOF MOTOR STARTER AND ALLOTHER ACCESSORIES FOR 200 GPM FILL, . FURNISH AND JNSTALL DOUBLEWALL FIBERGLASS PIPING, . FURNISH AND INSTALL A VGAS CABINET W1TH I" X 75' OF HOSE AND REEL. ONE (l) OPW 295 SA NOZZLE, VELCON FlL TER AND STATIC REEL. . FURNISH AND INSTALL APPLIED TECRNOl.OGl' CREVlT CARD READER SYSTEM WITH M-3000 PLUS 'tERMINA.L. . PROVIDE ALL REQUIRED TESTING, STARTUP AND INSPECTIONS TOTAL BIDPRfCE: CONDITIONS AND CLARIFICATIONS: -QUO'TE GOOD FOR THIRTY (30) DAYS -SALES TAX NOT INCLUDED -FUEL NOT INCLUDED -NOT RESPONSIBLE FOR U~'FORESEEN CONDITIONS OR OBSTRUCTIONS -NO OTHER WORK INCLUDED OTHER THAN SPECWlED -TNST ALL>\ TION CERTlFJCA TION &. PROOF OF PROPER OPERATION OF ALL EQUlPMENT WILL BE PROVIDED AT COMPLETION OF PROJECT. AS-BUlL T DRAWINGS. INSTALLATION AND OPERATION INSTRUCTIONS ALONG WITH TANK CHARTS WILL BE PROVIDED AT COMPLETION AND ACCEPTANCE OF PROJECT. -DUE TO iNDUSTRY VOLA TILITI' FOR CARBON STEEL AND FUELL, THE PRICING OFFERED IN THIS QUOTATION IS SUBJECT TO REV1EW AT THE TIME OF ORDER PLACEMENT. MATERIAL PRJCING WILL BE SUBJECT TO ADJUSThfENT. WITHOUT MARKUP, BASED UPON INCREASES OCCURRING BETWEEN THE DATE OF QUOTATION AND THE TIME OF ORDER PLACEMENT. $ 24Q,960.00 PAYMENT TERMS: PURCHASE ORDER, PROGRESS PAYMENTS THANK YOU FOR THE OPPORTUNITY TO BE OF SERVICE. FEEL FREE TO CALL WITH ANY QUESTIONS. SINCERELY, JEFFRY M. PELEO ACCEPTAl'\CE": This quotation wilen accepted by the customer, and COlJlltcrsigned by the authorized rcpresc:ntntive of GLASGOW EQUiPME~T SERVICE, INC.. willClmstitu a bOlla fide contract between the parties, subject to all items and conditions on the l'CIlCrsC side of the fuel quotation & contract. It is expressly agreed that tllcrc are no promises. agreements. l)r understanding, oral or written, not specified in this qllollltion. Customer In ow E ui m' t Service Inc. Authorized Al1thnri7Cc\ ..Jul 20 OS 04:2810 G0 -~ THE LPA GROUP INCORPORATE 407 306 0460 p.8 ATIACHMENT 5 (pRICE PROPOSAL) PROJECT LOCATJONIDESCRIPTION: Sebastian Munlcloal AirDOrt. Sebastiy Florida. Aviation S~rve F"cl Fadlitv Liquidated Damages shall be assessed in the amount of $2S0/calendar day fot'days in excess of 120 Calendar Days for Construction and substantial completion. 30 for punch-out. Item Descril>tion Unit Quantity Price Fuel Tank. Vending and LS Dispensing System $210,280.00 Remote Piping LF 550 $ 74,447.00 Spare Sleeves~ 12" PVC LF 150 $ 10,000.00 Base Bid Price $294,727.00 Additive Bid 1: Fuel Lighting LS 1 N/A Additive Bid 1 Price 0.00 TOTAL BASE BID PRICE WRITTEN OUT: $ Two Hundred Ninety Four Thousand Seven Hundred Twenty Seven and 00/: TOTAL ADDITIVE BID 1 PRICE WRrrTEN OUT: $ ZERO Prooosal Security The undersigned acknowledges that it has included with its Proposal the required Proposal Security for not less than five percent (.)1710) offlie total amount of its Proposal. Acceotancc of Pronosal The Bidder understands and agrees that the Owner reserves the right to accept or reject any or all proposals submi\tedwithin one-hundred twenty (120) calendar day!!:from date of price proposal opening. Bi~ 8grtt:3 that i\ will o()\ withdnw its Proposal rOT said ~od oft1me. The Bidder understands and agrees that the Owner reserv~ the right to accept or reject any or all alternates, wi'thout regard to tne listed order. Addenda It is agreed that the undeJ'Signed has received all addenda complete as issued by the Owner and that related costs arc included in the proposal submitted. The undersigned acknowledges receipt of said addenda as fullows: Addendum # 1 dated 4/17/06 Addendum # dated Aircraft SclftFueling Facility Bid Documents March I<1. 2006 Page 31 City of Sebastian, Florida OFFICE OF THE crn' ATfORNE1r' AGENDA TRANSMITTAL Agenda No. ~ Subject: Overgrown lots as nuisance; Ordinance 0-06- 07 Date Submitted: 7/19/06 For Agenda of: 7/26/06 SUMMARY: Attached is back-up material from the two times during my tenure that proposed action has been considered on the issue of overgrown lots. This is a complex issue that had been addressed many times through the years without a suitable solution The draft ordinance attempts to balance paramount concerns for the enjoyment of property and safety of our residents with the reasonable burdens to be placed upon vacant landowners. REVIEWED BY CITY CLERK: AUTHORIZED PLACEMENT ON AGENDA BY CITY MANAGER: @ @ ORDINANCE NO. 0-06- 07 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE SECTION 66-3 TO DEFINE OVERGROWN LOTS NEXT TO HOMES AS A NUISANCE; PROVIDING FOR CONFLICTS, SEVERABILITY AND EFFECTIVE DATE. WHEREAS, as more platted lots in Sebastian have been improved, the effects of vegetative overgrowth on vacant lots have become an increased nuisance to the residents of the City from the standpoint of both fire safety and maintenance along boundaries; and WHEREAS, it is in the public interest to utilize the nuisance abatement provisions of the Code to address this problem; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. AMENDMENT. That section 66-3 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to add a subsection (13) to read as follows: Sec. 66-3. Illustrative enumeration. * * * * * (13) Non-native trees, as well as an overgrowth of vegetation such as brush, vines or weeds, within twenty feet of the lot line of an unimproved property where said lot line abuts a parcel improved with a residential structure. Section 2. Section 3. CONFLICT. All code provisions in conflict herewith are repealed. 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 did not intend to enact such invalid provision. It shall further be assumed that the City would have enacted the remainder of this Ordinance without said invalid provision, thereby causing the same to remain in full force and effect. Section 4. EFFECTIVE DATE. This Ordinance shall be effective upon passage. 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 Andrea Coy Councilmember Sal Neglia Councilmember Al Paternoster The Mayor thereupon declared this Ordinance duly passed and adopted this _ day of , 2006. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Sally A. Maio, MMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney @ HOME Of PELICAN ISlAND 1225 Main Street Sebastian, Florida 32958 Subject: Meeting Schedule for November an December 2006 Agenda No: 0(0.12 % Department Origin: City Clerk ~ City Attorney: Date Submitted: 7/17/06 Submittal by: For Agenda of: 7/26/06 Exhibits: November and December calendars Expenditure Required: Amount Budgeted: Appropriation Reqt,Jired: SUMMARY STATEMENT Each year for the past several years, the City Council adjusts its meeting schedules for November and December to accommodate holiday schedules. I have already received inquiries about 2007 candidate packets, and since finalizing the schedule for the election requires inclusion of the date in December on which the election proclamation is read and election resolution is adopted, I need to know what dates you will meet in December. Regularly scheduled dates for November meetings are the 8th and 22nd and City Hall is closed on November 23rd and 24th. Regularly scheduled dates for December meetings are the 13th and 27th. City Hall is closed on December 25th and 26th. Please review the calendars and schedule your November and December meetings accordingly. @ N oveDlber Sun Man Tue Wed 1 Thu 2 PLANNING & ZONING COMM. Fri Sat 3 4 5 6 TREE BOARD 7 ENVIRON- MENTAL COMMITTEE 8 REGULARL Y SCHEDULED COUNCIL MEETING 9 10 11 HOLIDAY VETERANS DAY CITY HALL CLOSED 12 13 14 CONSTR. BD. 15 16 PLANNING & ZONING COMM. 17 18 19 20 21 22 23 24 25 MCCOLLUM REGULARL Y HOLIDAY HOLIDAY FORUM SCHEDULED THANKS- CITY HALL COUNCIL GIVING CLOSED MEETING CITY HALL CLOSED 26 27 PARKS AND RECREATION COMMITTEE 28 PATERNOSTER FORUM 29 30 mmI DeceDlber Sun Man Tue Wed Thu Fri 1 Sat 2 3 4 TREE BOARD 5 ENVIRON- MENTAL COMMITTEE 6 7 PLANNING & ZONING 8 9 10 11 12 CONSTR. BD. 13 REGULARLY SCHEDULED COUNCIL MEETING 14 15 16 17 18 19 20 21 PLANNING & ZONING 22 23 24 25 26 27 28 29 30 HOLIDAY HOLIDAY REGULARLY CHRISTMAS CITY HALL SCHEDULED CITY HALL CLOSED COUNCIL CLOSED MEETING PARKS AND RECREATION REGULAR SCHEDULE 31 NEW YEARS EVE @ DmI HOME OF PELICAN ISlAND AGENDA TRANSMITTAL Subject: Agenda No. n {C;. I 2. 0 Bell South Utility Easement Department Ori City Attorney: City Clerk: , Date Submitted: 20 July 06 xhibits: EXPENDITURE REQUIRED: $0 AMOUNT BUDGETED: $0 APPROPRIATION REQUIRED: $0 SUMMARY Jim Cox of Bell South has contacted the City in order to obtain a utility easement on property owned by the City located near the southeast intersection of Caravan Terrace and Periwinkle Drive. Currently, Bell South has communications equipment located on a concrete slab in a drainage easement. This easement is located immediately east (and adjacent) to an approximately one-acre tract the City owns. However, Bell South's equipment is located immediately on the edge of a drainage ditch and its pad is beginning to collapse. Please note, that while the equipment, in my opinion, is not in imminent danger of immediate collapse, it does need to be shored or relocated. Hence, Bell South would like to relocate their equipment further west and into the property the City owns to get it away from the edge of the drainage ditch. Originally, the telephone company asked for a thirty foot by thirty-foot easement, which would be located in the northeast corner of the City's property. While we have no immediate use for this property, this amount of easement request would have been intrusive. Upon review of the original request, Bell South was told that should they reduce the easement size, staff would recommend granting the easement request to Council. However, if they wanted a larger than required easement, staff would insist that a portion of the property be purchased. Upon review from Bell South, the company subsequently reduced their easement request and is now asking for a twelve by sixteen foot easement. Enclosed is a site map, which depicts the location of this request. Please note the hatch-marked box represents the current location and approximate size of this current facility. The open box shows the location of their request. RECOMMENDED ACTION Staff recommends approval of the grant of easement. @ @) SKETCH OF DESCRIPnON eEUSOU\H EASEMENT PREPARED FOR Bru..SOO1H TELECOMWUN/CA 110NS. INC. + LAVENTURE &: ASSOCIA 1ES, INC- .. PROFESSIONAL SURVEYING AND MAPPING lS.w SE Port St. Lucie Blvd. p~ Sf- \.~c:tco. Fronde J'W62 l..B?056 (772) 3g,g~6430 Phone (n2) 398-6426 Fax ,/ P.o.c. / NORTHEAST COO,NER OJ:=" lRACT ".8" ~ P.O.B. S55'39, 4O"W ~ . 12_00' ~~G /' ...~ ~~y ..... 'f'J-r.) . \ ~~ ~~) ../ ~~~~()d ~~-y; ~~ /", '" "- - /' -";."!) ~ r~r- \.'00 '\>~'V 7 ~'6'6 ~ (J \~ ./ . -{.~ ./ // ~~~ /' <3./ . ./ / ./ /' / ,/ /' ,/ ~tJ>~ ~", I \ .~ "'--- TRACT "8" (PE:R PlAT) ~ ........ " ~ ~~o '5'<=, ..cr~ 1(90" ,<S>~ ~~~ >>lIS JS NOT A SURVEY. RE~SION DESCRlPllON 1 MODIFY EASEl/IENT TO 12' X 16' DATE 6 27 06 ~EF. JOB NO. ORAWN BY 06.0026..,.325 .JOE M. F.8. ,PG. ALCULA lID B . N/A RCl DATE -+/21/06 SCALE '''-30' TRACT nA., (PER PL.A T) @ Parcel ill # 31382500001282000000.2 Return document to: Jim Cox 5360 NW Nassau Lane Port S1. Lucie, FL 34983-3312 EASEMENT For and in consideration of One dollar ($1.00) and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, the undersigned owner of the premises described below, hereinafter referred to as Grantor, does hereby grant to BELLSOUTH TELECOMMUNICATIONS, INC., a Georgia corporation, its licensees, agents successors, assigns, and allied and associated companies, hereinafter referred to as Grantee, an easement to construct, operate, maintain, add, and/or remove a telephone land line system of communication facility as the Grantee may from time to time require upon, over, and under a portion of the lands described in PB 7, page 56C, Indian River County, Florida Records, that tract or parcel of land lying in Section 25, Township 31 South, Range 38 East, Indian River County, State of Florida, consisting of a parcel of land 12 ft. x 16 ft. more particularly described as follows: See Exhibit "A" along with appurtenant uses in furtherance thereof including but not limited to ingress to and egress from said easement at all times; as well as the right to clear the easement and keep it cleared of all trees, undergrowth, and other obstructions; To have and to hold the above granted easement unto BellSouth Telecommunications, Inc., its licenses, agents, successors, assigns, and allied and associated companies for a period of twenty-five years from the date hereof. Grantor warrants that grantor is the true owner of record of the above described land on which the aforesaid easement is granted. IN WITNESS, whereof, the undersigned has caused this instrument to be executed on this _day of July, 2006. Signed, sealed, and delivered in the presence of: CITY OF SEBASTIAN Owner Sally A. Maio, MMC City Clerk Alfred A. Minner, III City Manager Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney State of Florida County of Indian River I HEREBY CERTIFY that Alfred A. Minner, III, who is personally known to me and did not take an oath, personally appeared before me this day of July, 2006, and acknowledged that he executed the foregoing instrument as City Manager of the City of Sebastian, and that he was authorized to do. WITNESS my hand and official seal in the County and State last aforesaid this _ day of July, 2006. Notary Public @) Grantor's Address: City Of Sebastian 1225 Main Street Sebastian, FL 32958-4165 Grantee's Address BellSouth Telecommunications, Inc. 3300 Okeechobee Road, Room 237 Ft. Pierce, FL 34947. TO BE COMPLETED BY BELLSOUTH TELECOMMUNICATIONS, INC. District Wire Center Authority Drawing Location Plat Number R!W Number Approval Title @ EXHIBIT "A" /' P. .c. / NORTHEAST Coo.NER OF. tRACT "B" ~ 'P.O.B. S55'39'40"W C~ . . 12.00' . (')~~ ,/ ~~ ~ / ,~ ,;v ./ .<],.0 cl ....-(.:. ~ , ~~ 0 I~l -/ t::J'";}~ 1O~ . fl,;~ -~ ./, ~ \ .~~ ~ ~.~~ \.'O\) \>~<;", ~'6'f) ~~ O~ \~ ~ \ -.{.~ ././ ~~"/ &~/ g /' ./ ,/ S55~39' +O"W 6.00' N34~O'20"W 16.00' . ./ ./ / ./ /' /' ~. o ~-;P ~~ 1-.,. "1"Q 2~ ..p ~ / ~ I \ ~ ~ TRACT "8" . (PER PlAT) ~ ~~o ~~ "f~ r&o.. ,($)~ ~~~ >>lIS }S Nor A SURVEY. "- "- '" REVISION DESCRIPTION MODIFY EASEMENT TO 12' X 16' DATE 6 27 06 SKETCH OF DESCRIP'RON BEUSOU1l-l EASEMENT PREPARED F'OR BEllSOO1H TELECOMMUNICA llONS. INC. {LAVENlURE &: ASSOCIAlES. INC- .. PROFES5rONAL SURVEYING AND MAPPING 1840 SE Port St. Lucie B1~~ ,~ $t. \.\I~ fl'l<<iGCI ~'t9,,~ La?05$ (n2) ~~6430 Phone (772) 398-6426 Fax REF. JOB NO. ORAWN BY 06.0028...325 JOE M. F.B.,PG. AlCULA TED B N/A RCl DATE 4/21/06 SCALE ''"=30' @ @