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HomeMy WebLinkAbout08092006 (JIY Cf ~.~ HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, AUGUST 9,2006 -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 06.129 1-8 9-18 06.061 19-23 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE LED BY COUNCIL MEMBER PATERNOSTER 3. MOMENT OF SILENCE 4. ROLL CALL 5. AGENDA MODIFICATIONS (ADDITIONS ANDIOR 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 A. Sebastian River High School Pep Rally 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. A. Approval of Minutes - Special Meeting 7/19/06 B. Approval of Minutes - Regular Council Meeting 7/26/06 C. Authorize Travel & Registration for Council Member Paternoster to Attend the Advanced Institute for Elected Municipal Officials in Tampa on October 20-21, 2006 06.036 25-66 D. Resolution No. R-06-15 Adoption of 3rd Quarter Amendment to the Fiscal Year 2005-06 Budget (Finance Transmittal, R-06-15, Memo, Reports, Schedules, Statements) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2005 AND ENDING SEPTEMBER 30, 2006 AS PROVIDED FOR IN EXHIBIT "g; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 8. COMMITTEE REPORTS/RECOMMENDATIONS 06.022 67-70 06.130 A. Code Enforcement Board (City Clerk Transmittal, Order) i. Receive Code Enforcement Order B. Temporary Environmental Advisory Committee i. Report from Chair (no backup) ii. Environmental Funding Requests from Council Member Coy (no backup) 9. PUBLIC HEARING - none. 10. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda 11. OLD BUSINESS 12. NEW BUSINESS 06.131 71-120 A. Consideration of Emergency Debris Hauling Contract (Public Works Transmittal, Tampa Agreement) 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 15. CITY CLERK MATTERS 06.132 A. Restructured Florida League of Cities Legislative Policy Development Process 121-124 16. CITY COUNCIL MATTERS A. B. 06.098 C. D. E. 06.009 125-127 Mr. Neglia Mayor McCollum i. Possible Locations for Community Center from Existing City Properties (no backup) Mr. Burkeen Ms. Coy Mr. Paternoster i. Consideration of Construction Site Development Issues (Ordinance Draft) 2 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) HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. Regular City Council Meetings are Scheduled for Live Broc1(ic;1SI Oil COmc;lst Challnel 25 ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MA ITER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MA Y NEED TO ENSURE THA T A VERBA TIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Uocomina Meetinas: August 16, 2006 - 6:00 pm - Budget Workshop August 23, 2006 - 7:00 pm - Repular 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 - 7:00 pm - Regular Council Meeting October 11, 2006 - 7:00 pm - Regular Council Meeting October 25, 2006 - 7:00 pm - Regular Council Meeting 3 HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES SPECIAL MEETING WEDNESDAY, JULY 19, 2006 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor McCollum called the Special Meeting to order at 6:00 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL City Council Present: Mayor Nathan McCollum Vice-Mayor Brian Burkeen Council Member Andrea Coy Council Member Sal Neglia Council Member AI Paternoster Q\l~~"\ Staff Present: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio Indian River County School Board Members Present: Lenora Quimby Bill Hughes Ann Reuter Craig McGarvey 4. CITY COUNCIL DISCUSSION OF NORTH COUNTY SCHOOL ISSUES Mayor McCollum said there will be a power point program presented tonight and there are copies available in the back of the room and on the city website. Mr. Neglia made a motion to keep presentations to five minutes but his motion died for lack of a second. Mr. Burkeen explained that he called the special meeting due to recent action by the School Board to build a south county high school despite the letter City Council sent to ~.; l0. Special City Council Meeting July 19, 2006 Page Two ORAfl stating its opposition, which was misrepresented by the School Board at its last meeting. He said he had received numerous calls and e-mails in recent weeks, that there is a lot of community interest in this council creating a position on the north county school issue; and invited everyone to offer input and tell us how they want Council to proceed, and do what is best for the kids. Jerry Ahlersmeyer, gave a power point presentation that was originally presented as a result of a School District of Indian River County Long Range Planning Committee, (see attached), of which he was a member. He then described the committee's work, their four-month task and their resulting recommendation (scenario #4). He advised that the next School Board meeting is July 25, 2006 at 7:00 p.m., thanked School Board members for attending tonight; and responded to questions from Council about some of his data. He responded to Mr. Burkeen that the Long Range Planning Committee was appointed by the Superintendent, the plan was brought before the Board but not considered and that some of the numbers presented tonight were prepared by a demographer and some obtained from school district staff. Christopher Nunn, Sebastian, said for the record, there is no political motivation on our part but that they-want five people to work together in the interest of the children. Damien Gilliams, Sebastian,"said we need a new middle school and hoped we can come out of this meeting with a :resolution and strategic plan. Damien Gilliams, Jr. discussed overcrowding problems at Gifford Middle School. Guy Barber said it is unreasonable to build a $76M high school and outrageous that the School Board made bonds available and just keep borrowing. He said it was ridiculous that the middle school has classroom needs and instead they are building a music wing and have 33 modular units. Lenora Quimby, Indian River County School Board, displayed zone proposals that were being considered and said she would not support busing Sebastian children, that the easiest way to ease overcrowding is to do K-6 or K-8 and does not support a middle school on 66th at this time. Mayor McCollum said Ms. Quimby stated that the School Board purchased the property in the middle of the county, but also stated she doesn't believe in busing and asked her if they weren't going to bus a year ago and knew we had a problem what were you planning to do with the property. Ms. Quimby said she was not sure the Board knew there was a problem; and Mayor McCollum responded that SRMS problems have been well known and again asked what was the Board's plan. o 2 Special City Council Meeting July 19,2006 Page Three ORAf1 Ms. Quimby said SRMS staff had 1250 students and noted that when they borrowed the $81 M and if SRMS staff were concerned about overcrowding they would have asked the Board for classrooms and not a music wing. Mr. Burkeen asked if it was realistic to say if a middle school is built on 66th Avenue that a Sebastian child might still go past that to Gifford Middle; and Ms. Quimby said it may be considered but she would not vote for it. Mr. Burkeen further asked if she was present at the workshops where the committee's report was presented, why did it go no further. Mr. Burkeen then asked why she would say she would not vote for building a school on 66th if she voted to buy it; and she responded it was a compromise for Mr. Hughes' need for property in Sebastian for future growth and her desire for a south county high school. Ms. Coy said the K-6 solution creates a new set of problems for teaching and extracurricular activities and did not see this as an immediate or permanent solution. Ms. Quimby said SRMS is getting additional staff this year, and that there are only 24 students who live near the 66th Avenue site. Mr. Burkeen asked if new legislation regarding charter schools might alleviate some of the problems; and if the schools would be willing to do assist with this problem if they were given money from the School Board. Bill Wiggins, advocated the south county high school and said we must think of the children only and start acting like adults. Mayor McCollum called recess at 7:48 p.m. and reconvened the meeting at 7:58 p.m. All members were present. Eileen Polasek, parent and staff of Pelican Island Elementary, said she had a serious problem with K-6, because students are already in portables at the elementary school. Eugene Wolff, Sebastian, discussed what he described as "horrific" overcrowding problems at SRMS. Scott Simpson, 1132 Coverbrook Lane, Sebastian, recommended building the middle school and objected to K-6. Charles Stadleman, recommended if Council is considering a resolution, they address the need for proper zoning, and urged a boycott of the FCA T. Elaine Nunn, objected to K-6. Bill Hughes, School Board member, supported building a middle school on 66th Avenue, objected to K-6. (5) 3 Special City Council Meeting July 19, 2006 Page Four OR~f1 Martha McAdams, Principal at Sebastian Charter School, stated their school was started and wanted to stay a family-environment school with no more than 300 students. She said, as an administrator distributing sixth graders in the elementary schools would be hard to do within four weeks. She explained the new legislation authorizing the discretionary 2 mils would equalize all students right now however charter students do not receive portions of capital outlay dollars as the public schools prior to the legislation. Mr. Burkeen stated the charter school is a hidden asset. In response to Mr. Burkeen, Ms. McAdams stated charter schools do receive capital outlay money and FTE but not the same amounts as the public schools. Craig McGarvey, School Board member, said he was here due to the invitation sent to him, and hope to help with the resolution and outlined his experience with Indian River. He stated he had on the agenda, a master plan for the property on 66th Avenue and building a school on 66th will not provide neighborhood schools. He said K-6 is a good short-term solution and a way to study whether to keep it in the future. He suggested keeping Sebastian as configured by adding a permanent wing to middle school but it would stress the building. He said in the long term the District needs property on CR512 and they are working with realtor and property owner on property abutting 195. He asked everyone to consider the district-wide impact. His commitment is get further answers from the Board and have someone tell him where 450 students will come from for the 66th Avenue middle school. He said it appears that the South County High School is dead and will not make it into the five-year plan. The cost for the school continues to escalate as it is delayed. Mr. Burkeen asked why did the School Board buy the 66th Avenue property if no one is going to live there. Mr. McGarvey explained the Board instructed the superintendent to find property that would house a future elementary, middle and high school and see it used in the future for k-8 and a third or fourth district high school and maybe an administration as well. He said many years ago, the School Board bought property on Oslo Road for 900 to 1100 high school students which can be placed there immediately. Ms. Coy asked why the property was purchased for the future when a middle school problem exists right now. She reiterated the misplaced concern for tomorrow's residents and not taking care of today's problems. She said she would make summary statements at the end of this meeting and this Council will come up with a solution. Mr. Burkeen restated Mr. McGarvey's comment that support for a middle school on 66th would have an effect on children in the south county; there would be feeder problems and Council along with Mr. Alhersmeyer should explain to them why they would be bused. Mr. Burkeen expressed offense to Mr. McGarvey's comment because these concerns were brought to him over a year ago and nothing has been done, the School Board is not addressing the problem. o 4 Special City Council Meeting July 19, 2006 Page Five ORAfl Scott Simpson, suggested asking contacting Pelican Island parents to see if they would support busing their children to a new middle school. Brenda Carley, mother of children at Pelican Island, said she did not see the new proposed school as being so far away which she found to be 5.5 miles from her home, only a half mile further than middle school. She said she needs to go to a school and get a good education in a good environment. Jerry Ahlersmeyer, said he is confident in saying that children going to a new middle school at 66th would be acceptable to Pelican Island parents. Noreen Craft, mother of sixth grader, said it important to sixth graders to go to middle school and is in favor of a school on 66th; said Pelican Island parents were agreeable with the site. She said building classrooms rather than a music wing is not going to help because the infrastructure is not there. Ann Reuter, School Board member, presented maps she had produced by Ryan Morrell, 517 Camelia Lane, Vero Beach, which exhibited student populations for elementary, middle and high schools, and supported a new middle school on 66th . Ms. Coy asked what her reasons were to purchase the 66th Avenue site, and Ms. Reuter said she thought there was more growth in the middle and north part of the county. She said she would like to see it built now and that the School Board is not in the real estate business. Ms. Reuter said her plan was to have an architect design a middle school and design a master plan for future. Guy Barber said about sixty acres of the land is going to have to be dug up, and the first building that was intended was a School District administration building. He said a middle school has to be built in the Barber Street area. He said this Council needs to rush them in their decision to build a middle school. He said it is their intention to breach the urban service line. John Oakes thanked Dr. McGarvey for attending, but said he negated his argument in his response to Mr. Burkeen's question. He said if south county residents were so interested why are they not here, said they purchased the property and now must make a decision to build the middle school on 66th. Debbie McKeigh, candidate for 5th District School Board, said people have spoken eloquently and commended Ms. Shirah for her job at SRMS. Colman Stewart, 5th District candidate, said we need to build the middle school on 66th, stating it would be his plan to build affordable housing for teachers. @ 5 OR~f1 Special City Council Meeting July 19, 2006 Page Six Carol Johnson, School Board candidate, said we have lost focus because Council has shown leadership, and look at the lack of leadership the School Board has taken. Matthew Sims, 5th District candidate, said he has been a resident since 1975, said the time is now to build the middle school on 66th. Damien Gilliams, said this is what this community has been asking for, to get people into office that will support the north county. Mayor McCollum called recess at 9:35 p.m. and reconvened the meeting at 9:40 p.m. All members were present. Mr. Burkeen said we are not here to tell the school board what to do but to listen to the concerns of our constituents, we did that and gave our concerns to the board and nothing happened. He said this is only a middle school overcrowding issue and is not a political issue; and could not disagree more with the speaker that we are not here for the kids but only for our political futures. He said the land is there and is in favor of recommending a middle school be built on the 66th property within two years to create a resolution. Ms. Coy thanked Mr. Burkeen for introducing the idea for this meeting and providing this opportunity; said her background and masters and career are in education, and values education. She said she was horrified when she visited SRMS today, noting it is a functional school, is an A school because of the staff who give 125% everyday. She said there are 26 portables and challenged people to walk through the halls which can only be done in one direction, for the teachers who have to be hall monitors, when children have to have six lunch periods, said numbers don't matter but children do, and if you haven't been there you need to go there. She stated the proposal to have K-6 is unacceptable. She said Council is the leadership of Sebastian and the buck stops here and expects the School Board to be the bottom line for schools, and if we can't adequately support our children today something is wrong. She proposed that Council set a resolution to take care of the middle school immediately and that portables are not acceptable and to take steps for permanent structures. Mr. Paternoster thanked Mr. Burkeen and everyone in attendance. He said it is the School Board's responsibility to tell parents what is going to happen to their children. He said children are treated like cattle in these schools, and we need to manage what is happening with our schools. He agreed with 100% with Mr. Burkeen's recommendation to build the school quickly and construct additions. GJ Mr. Neglia said he does attend School Board meetings, and agrees we need to build the school and do it quickly. He said he would like to see an addition to SRMS. He recommended independent research be done to assure the best for the county. 6 Special City Council Meeting July 19, 2006 Page Seven DRAfT Mayor McCollum said he is uncomfortable when one agency tries to correct another's actions and expressed appreciation to School Board members for being here. He said he was struck by the fact that the north county has an anticipated increase in student numbers and decrease in the south county. He said he was going to go back and look at the meeting last year and see what was stated about the use of the 66th site. He recommended that sixth graders going to SRMS be moved to the Treasure Coast Elementary and Liberty Magnet and then give you some breathing time to get a new wing or a new middle school built. He said if we are going to do a resolution we need to instruct staff. Ms. Coy said this probably couldn't be done at this time, because it could break up the IB and other programs in place, and you are perhaps just shifting portables dismantling "A" schools. Mr. Neglia suggested extending onto or adding a floor at the SRMS while the school is being built. Mr. Burkeen pointed out that lunch would still be served at 9:30 am Perhaps do middle school on 66th and add wings as a long term solution. Ms. Coy stated Council agrees to build the middle school at 66th Avenue, I like some to do whatever is needed short of transporting the kids out. Mayor McCollum explained a resolution does not having binding power, but its purpose is to transmit a serious message to another agency and this maybe a way to communicate with the School Board. Mr. Hughes said fifth graders have a choice on whether they go to the new schools or not, thus the large number of white dots on the diagram. In response to the Mayor's request for recommendations, Mr. Burkeen said he would like to build middle school on 66th Avenue as soon as possible. Mr. Neglia would still like to look into adding onto SRMS because it will be needed in the future and eliminate some of the portables. He requested this be his recommendation. Ms. Coy expressed support for Mr. Burkeen's wording "for any possibility to alleviate the immediate problem--whatever it takes." Mayor McCollum suggested" to relieve the overcrowding at SRMS in effort to reduce the health, safety and welfare issues derived from overcrowding." Mayor McCollum pointed out a lot will depend on what happens at the School Board meeting on the 25th. He thanked the School Board members for coming. 0) 7 Special City Council Meeting July 19,2006 Page Eight ORPfl There was a consensus of Council. Ms. Coy thanked School Board Member Kathryn Wilson, who was absent tonight, for changing her position on the south high school. Mr. Burkeen asked if the Mayor was resigning and he explained that he planed to commute to his new job and serve out his term on City Council. 5. Being no further business, Mayor McCollum adjourned the Special Meeting at 10:28 p.m. Approved at the Regular City Council meeting. Nathan B. McCollum, Mayor ATTEST: Sally A. Maio, MMC - City Clerk (i) 8 (JIY elf DRAFT HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JULY 26,2006 -7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. The Mayor called the regular meeting to order at 7:00 p.m. 2. Council Member Neglia 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 OR~f1 City Council Absent: Vice-Mayor Brian Burkeen (excused) Staff Present: City Manager, AI Minner City Attorney, Rich Stringer Deputy City Clerk, Jeanette Williams Records Manager Specialist, Donna Cyr M IS Systems Analyst, Barbara Brooke Growth Management Director, Rebecca Grohall Zoning Technician, Dorri Bosworth Police Chief, Jim Davis 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) None. @ Regular City Council Meeting July 27, 2006 Page Two 6. PROCLAMATIONS. ANNOUNCEMENTS, PRESENTATIONS Q\l~f"\ 06.122 1 A. August 1 S\ 2006 National Night Out Proclamation Sebastian Police Chief Jim Davis The Mayor read the proclamation. Chief Davis accepted it and invited the public out for hot dogs and a soft drink. 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) Ms. Coy removed item B. Mr. Paternoster removed item C. On a MOTION by Mr. Neglia and a SECOND by Ms. Coy, item A was approved with a voice vote of 4-0. Item B Ms. Coy requested that local Sebastian charities receive the Club's proceed next year. On a MOTION by Ms. Coy and a SECOND by Mr. Neglia, item B was approved with a voice vote of 4-0. Item C Mr. Paternoster asked the City Attorney if the City would be indemnified beyond a reasonable doubt and he responded absolutely. On a MOTION by Mr. Neglia with a SECOND by Ms. Coy item C was approved with a voice vote of 4-0. @ 2 Regular City Council Meeting July 27,2006 Page Three 06.125 06.025 47-54 9. 06.113 55-93 8. COMMITTEE REPORTS/RECOMMENDATIONS ORAfl A. Parks & Recreation Advisory Committee i. Report by Chairman Kevin Miller (no backup) Mr. Miller distributed the committee's comments and recommendations for Stone Crop Park and the location for a new community center. (attached) The City Manager explained the pockets parks and Riverview are scheduled to be developed before Stone Crop Park. He also said Eagle scouts and inmate labor may help with clearing Brazilian peppers at the Stone Crop Park. 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 Council interviewed Ms. Schuster and being that she was the only applicant, Ms. Coy nominated her to the Committee. PUBLIC HEARING 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. The Mayor asked if any member had ex-parte communication to disclose and they did not. The deputy clerk swore in the applicant's representatives and City staff. Bruce Barkett, attorney for the applicant stated the property was annexed in 2004 and the purpose of a preliminary plat is to establish legal boundaries of the lots shown on the plat. He stated by statute and code, the review standard is whether the application meets statutory criteria that is demonstrated by competent substantial evidence. He pointed out for the record the staff report is considered by the court expert evidence and staff has found the project consistent with the land development code, comprehensive plan and code of ordinances. The Zoning Technician thoroughly pointed out many items reviewed by Growth Management staff, including a staff condition that the 10 x 20 foot sign easement be conveyed back to the commercial developer to be part of the final plat. cv 3 Regular City Council Meeting July 27, 2006 Page Four onAf1 Mayor McCollum asked about the mini-storage facility shown on the plat. Mr. Barkett conceded it is proposed at this stage and the City Attorney confirmed it may be proposed but in no way is approved at this meeting. The Zoning Technician explained a construction sign for the facility is allowed to be placed on the property once the City receives an application. Ms. Coy stated the transits were incomplete. The Growth Management Director explained the first environment report did not follow U.S. Fish and Wildlife Service protocol so the biologist was asked to look again for scrub jays. Ms. Coy pointed out the report indicated that evidence of scrub jays was not sought in the evening or for more than one day and bird call-out tapes were not used. Dr. Storm Richards explained that at the initial observation of the site, habitat for the species was not identified however he did return numerous times to 20 stations with mixed wetland forest throughout the site and used the tapes and determined the property to have "class 2" potential for scrub jay habitat. Ms. Coy asked for this documentation and Dr. Richards stated 25 acres is needed for a study and this small parcel was only reviewed as a professional courtesy and he was trying to be time sensitive for the project. Ms. Coy said jays have adapted in citrus environments and requested a third condition be added that review of the environmental report be done by the Florida Fish and Wildlife Conservation Commission and the U.S. Fish and Wildlife Service. Mr. Paternoster asked about the pipe draining in the wetland area. The Zoning Technician explained it is a standard SJRWMD practice to process filtered, clean run-off into the wetland. Mr. Barkett said it would be difficult to receive letters from the Florida Fish and Wildlife Conservation Commission and the U.S. Fish and Wildlife Service stating no scrub jays are present and perhaps a re-written report would be better. Ms. Coy reiterated that the Service look at either report and verify one of them is in accordance with their protocol. No one spoke in favor or against the project. Dale Simchick said she was concerned that traffic impact studies and intergovernmental approvals will be received prior to land clearing. The Mayor responded traffic impact studies will be done during the site plan review stage for each lot as the use is determined. Mayor McCollum supported the three conditions and asked if the site plan would come back to Council because the mini-storage facility was not presented during the annexation hearings. The Zoning Technician said Planning & Zoning would only review it. Ms. Coy requested the tapes of the developer's initial annexation request be played for the Planning & Zoning Commission. Mr. Neglia did not like the proposed storage unit. @ 4 Regular City Council Meeting July 27, 2006 Page Five DRAFT On a MOTION by Ms. Coy and SECOND by Mr. Neglia, Resolution R-06-14 was approved with the added condition that the Florida Fish and Wildlife Conservation Commission and the U.S. Fish and Wildlife Service review the environmental study and approve there is no impact to the scrub jay habitat. The Mayor stated that Mr. Brown's item should have been pulled at the beginning of the meeting. 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 Neil Lagin requested a ban of mellalucca trees and Brazilian pepper trees within the City. Steve Buttles stated there are eight instances of new construction blocking the drainage system in a two-block radius of the City. Mayor McCollum asked him if he called Code Enforcement and he responded that he did not. Mr. Buttles asked what is being done about the mosquitoes and the City Manager directed him to the Mosquito Control Board for assistance because it is a separate taxing authority. Wanda Doll, 1660 Stonecrop Street, requested the environmental areas at Stone Crop Park be preserved and submitted a petition signed by neighboring homeowners. Deb Perry, 1664 Stonecrop Street, also requested the City not spend money to develop Stone Crop Park. John Oakes responded to Mr. Buttles stating it is irresponsible to have the whole City pay for a number of homeowner's drainage problems and each home should be looked at on a case-by-case basis. 11. OLD BUSINESS 05.127 95-115 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) A MOTION was made by Mayor McCollum and a SECOND by Ms. Coy to approve the two amendments to the E & D Contracting Services Agreement on a roll call vote of 4-0. 06.098 B. Discussion of Watermark Property (Old Wal-Mart) - David Brown (no backup) @ Pulled from consideration at the request of Mr. Brown. 5 Regular City Council Meeting July 27, 2006 Page Six ORA-f1 The Mayor called for a break at 8:35 p.m. and upon return at 8:50 p.m., all members were present. 12. NEW BUSINESS 06.126 117-119 A. 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. Mayor McCollum began by stating at the School Board meeting last night, there was no discussion of resolving the middle school crisis and the two members who share the City's concern were present in the audience. He read a re-written resolution that he requested be sent to the Governor expressing Council's vote of "no confidence" and gubernatorial intervention. Trish Adams expressed concern because her son, Brandon will be attending Sebastian River Middle School next year. Ms. Coy supported the resolution rewrite and thanked Mr. Hughes and Ms. Reuter for their support. Mr. Paternoster supported the resolution rewrite. Mr. Neglia also supported the rewrite and said building should begin immediately for the middle school. A MOTION made by Ms. Coy and SECOND by Mr. Paternoster to support the rewritten resolution addressed to the Governor was approved by a roll call vote of 4-0. 06.0127 121-124 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) The City Manager began by giving the City's thoughts and theories behind the size of the fuel tank. He explained it would be open 24/7 and operated like a self-serve gas station using credit cards. Mr. Paternoster asked if this was based on staff recommendation and the City Manager replied it is based on staff estimates. Mr. Paternoster asked what the hours of the private fuel operator were and the City Manager stated the hours are erratic and prices differ. Mr. Paternoster expressed concern for attracting more pilots and the City Manager explained that by finding the right price, the City will be able to control the airport traffic. @ 6 Regular City Council Meeting July 27, 2006 Page Seven DRAFT Mr. Neglia asked if A V gas with octane would be sold and the City Manager replied that only SkyDive Sebastian uses jet fuel and they transport it into the airport. Ms. Coy did not have a problem with the tank size and stated that if the airport becomes busy the City can control the price and hours to decrease traffic. A MOTION was made by Mr. Neglia and SECOND by Ms. Coy to approve a construction contract with Glasgow Equipment Service Company for an aviation self-serve facility with a roll call vote of 3-1. (Paternoster-nay) 06.114 125-128 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. The City Attorney read the title and stated there is a problem and defining overgrowth would be a problem and a grubbing permit may be required by individuals wanting to clear, which would burden staff. He suggested a clearing permit valid for one-year periods. John Sindler showed pictures of his back yard that he has been clearing for 12 years. Trish Adams, biologist with the U.S. Fish and Wildlife Service suggested consistency determinations be sought from the Service because scrub jays have adapted to Brazilian peppers and perhaps clearing could be prohibited during nesting season (March-June). She also explained that unless control and treatment is applied to the trees, trimming will exasperate the problem. She did not favor using boy scouts to remove the trees because chain saws and chemicals are needed. She also pointed out that birds sit on power lines and seed/fertilize the easements throughout the City. The City Attorney stated the two basis to justify this is nuisance and fire hazard so we should talk to the Fire Dept. to see what a nice break would be. Mr. Neglia said the Division of Forestry might be able to help with that. Louise Kautenburg pointed out that clearing both sides of a lots greatly reduces wildlife habitat. She advised them to mow the lot edges every week. Eugene Wolff pointed out the overgrown lots provide wind and sound barriers. He said there are over 4,000 vacant lots in Sebastian drawing no City services but assessed at $900.00 a year in taxes. Mr. Wolff pointed out how much taxes Mr. Sindler pays compared to the neighboring vacant lot owner. He said recently he helped a homeowner hire a lawn service to remove three dead trees for $300.00 in addition to his property taxes comes to $500.00. He said the C, . 6 7 Regular City Council Meeting July 27, 2006 Page Eight f\.~:~ QRt"' clearing requirement may move people to start selling their lots. He also said out of town lot owners would be at the mercy of landscapers when their lots are cleared. Mr. Paternoster asked if he checked with the City to approve the tree removal. The City Attorney advised the Building Department would issue a no-fee tree removal permit for such cases. Ms. Coy expressed offense in the tax comparison, stating it should be noted how many years Mr. Sindler has paid taxes and the vacant owner is not homesteaded. She said all taxpayers are important regardless of the amount they pay in taxes. Bill Poser, 650 Dempsey, asked whom he should call if he gets flooded. The City Manager took him aside. Ellen White stated no one complains about her uncleared vacant lot. Mr. Sindler said the unimproved lot did not protect his home from the hurricanes. Pat Dempsey suggested if adjacent owner can't clear lot have vacant owner pay the City to do it. Ms. Coy stated that any decision she participates in will never be based on how much taxes someone pays. She suggested if there is no response from a lot owner to have the current mowing contractor clear the edge. The City Attorney suggested limiting the ordinance to dead trees or limbs that cross the line. He said the biggest problem is the elderly. Ms. Coy suggested limiting the clearing to two feet of invasive debris and if the City does the clearing, send the owner a bill. She pointed out that we are already clearing swales of out-of-towners. The City Manager said discussions with staff have led to nuisance issue and Code Enforcement seems to be loaded down. Ms. Coy suggested putting the fine amount in the letter. Mr. Paternoster said he has been discussing all of this just this past week with the City Manager. The City Attorney suggested a total rewrite to include 5 feet, include vines and weeds and take out the permitting requirement for clearing within the drainage easement. He said the incidental take permit would have to be reviewed because there is an obligation to maintain habitat until a house goes up. He said a clearance from U.S. Fish and Wildlife Service may be needed. Mr. Neglia said 5 feet is the way to go and this should apply to everyone. o Mayor McCollum said the pepper trees saved his house during the hurricanes. 8 DRAfT Regular City Council Meeting July 27, 2006 Page Nine 06.128 129-132 06.120 133-139 The City Attorney said a 14-day notice would be given. If no action, the City would do it and send a bill to be paid within 14 days and if there is still no action the City would lien the property. It was the consensus of Council that since there were so many changes that the whole ordinance be re-written and brought back for a new first reading in about a month so there is time to contact the US Fish and Wildlife Service. D. November and December Holiday Schedule (City Clerk Transmittal, Calendars) The City Manager explained that the Clerk needed this for election planning. Mr. Neglia asked about the Parks & Recreation Committee meeting on Christmas day. The Deputy Clerk explained that is just where it falls and it would probably be rescheduled. E. BellSouth Utility Easement (City Manager Transmittal, Map, Easement) The City Attorney said the Miami BellSouth attorney had a few concerns with the easement and it would come back to Council in the future. 13. CITY ATTORNEY MATTERS He stated after further reviewing the Department of Corrections contracts, there would be a necessary change to hold the City harmless. He reported that the Paradise Marina site plan had been rejected and Council should not talk to anyone about it because they are the appellant body. He requested that only the three contiguous counties bar associations be contacted for applications for the code enforcement magistrate. 14. CITY MANAGER MATTERS None. 15. CITY CLERK MATTERS None. 16. CITY COUNCIL MATTERS A. Mr. Paternoster Reported on his public forum regarding drainage issues and advised the pubic he is working on drainage resolution. He reminded the City Attorney that he is waiting on legal opinion as to trespassing on private property to reach backyard @ easements. -'\ \ \ 9 Regular City Council Meeting July 27,2006 Page Ten o t\.f1 06.098 17. @ B. Mr. Neolia Reminded the public that bricks are still for sale that may be engraved and placed near the clock in Riverview Park. C. Mayor McCollum i. Possible Locations for Community Center from Existing City Properties (no backup) Given the late hour, it was the consensus of Council to carry this item to the next meeting's agenda. E. J>..~" Mr. Burkeen Absent. F. Ms. COY She expressed kudos to Maronda Homes and V. K. Custom Homes who recently came.to successful resolution of contractor. She urged citizens to contact contractors directly to resolve any problems they may be encountering. She gave the Indian River County School Board the dodo title for behavior and non-responsiveness to the middle school crowding. She stated she would be bringing some environmental requests to Council in the near future. Mayor McCollum asked someone to go in his place to the National Night Out on August 151 because he and Mr. Neglia would be in attendance at the Environmental Advisory Committee meeting. Being a former policeman, Mr. Paternoster offered to go. Being no further business, the regular meeting adjourned at 10:42 p.m. 10 HOME OF PELICAN ISLAND City of Sebastian 1225 Main Street Sebastian, Florida 32958 Agenda No: 06. ti61 '\ Department Origin: City Clerk's Office/\\jJ City Attorney: L1J Date Submitted: 7/31/06 For Agenda of: 8/9/06 Subject Travel Authorization for Council to attend Advanced Institute for Elected Municipal Officials Exhibits: Registration Form & Agenda Expenditure Required: Travel: $ 582.00 Training: $ 195.00 Amount Budgeted: Travel: $ 4307.68 Training: $ 2325.00 Appropriation Required: SUMMARY STATEMENT In accordance with the "Council and Charter Officer Travel Policy and Procedures" adopted by R-04-39, authorization for travel and registration is requested for Council Member Paternoster to attend the Advanced Institute for Elected Municipal Officers to be held in Tampa October 20-21, 2006. RECOMMENDED ACTION At Council's discretion, move to authorize travel and registration for interested members to attend the Advanced Institute for Elected Municipal Officials in Tampa October 20-21, 2006. 69 o Advanced lliMU Agen<1a ~- :.:.---j:- ^ ragt; 1 U1 L. -'FLORIM LEAGUE Of CITIES, Friday, July 28, 2006 Membership > Advertising > City Trivia > Civic Education > Conferences and Training > Festival Listings > Financial & Technical Assistance Book > International Relations > Publications > Quality Cities > Resource Library Who we are I I am a I I'm looking for I Member Database I Contact Us I Searct r- Advanced Institute for Elected Municipal Officials ADVANCE.D INSTITUTE. for BtEerED MUNICIPAl.. OFFICIALS Agenda October 20 - 21, 2006 Tampa, Florida Friday, October 20 8:00 a.m. - 8:30 a.m. Registration and Continental Breakfast 8:30 a.m. - 9:00 a.m. Introductions and Overview 9:00 a.m. -12:00 noon Oecision-Making Styles and Media Relations Marilyn Crotty, Director John Scott Oailey Florida Institute of Government University of Central Rorida 12:00 noon -1:15 p.m. Lunch with Guest Speaker 1 :15 p.m. - 5:00 p.m. Understanding Growth Management in Florida's Cities Tony Arrant, Research Analyst John Scott Dailey Florida Institute of Government Saturday, October 21 8:00 a.m. - 8:30 a.m. Continental Breakfast 8:30 a.m. -12:00 noon Advanced Revenues and Finances Ken Small, Financial Resources Manager Florida League of Cities @ 12:00 noon -1:00 p.m. Working Lunch Case Studies and Problem Solving http://www.flcities.com/membership/iemo_advanced_agendaasp 7/28/2006 Aavancea lliMU Agenoa o 1 :00 p.m. - 4:00 p.m. Building Your City's Team: Personnel and Labor Issues Robert E. Lee. City Manager City of Naples Back to Top Security and Privacy Terms of Use http://www.t1cities.com/membership/iemo _advanced _ agenda asp L__ rug!; ~ UJ. ~ 7/28/2006 2006 Advanced Institute for Elected Municipal Officials Octob~r 20 - 21, 2006 Embassy Suites - Tampa, Florida Re1!istration Form Please print or type. You may duplicate this form for additional registrations. Name: Nickname: (as you would like it to aDDear on certificate) (for name badge) Elected Position: City_ Town_ Village_ of: (check one) Mailing Address: Zip: Telephone #: Fax # Email: Website: Please sign here as verification that you have either attended the Basic IEMO or that you have been in office longer than one term, Registration Fee: $195.00 (includes lunch for both days) Advance registration is required and the registration deadline is October 2~ 2006. A check, credit card, or purchase order is necessary to guarantee registration. Due to space limitations, registration will be closed when capacity has been reached. Requests for refunds must be submitted in writing and received no later than October 12~ 2006. In such cases, the registration fee, less a $20.00 adminl!':trative charge, will be refunded. No requests for refunds will be honored after that date. Non-attendance does not constitute a withdrawal or refund request. We reserve the right to cancel the class; in that case, registration fees will be refunded in full. Confirmation and directions to the hotel will be mailed to you upon registration. Please mall this form, along with your check, credit card, or purchase order, (made payable to the Florida Institute of Government) to: The John &ott Dailey Florida Institute of Government University of South Florida 4202 East Fowler Avenue CHE 205 Tampa, FL 33620 You mayalso fax the registration to us at 813-974-2819 and send your check or purchase order separately. Please call us at least seven days in advance uyou require reasonable accoII1modation under the Americans with Disabilities Act of 1990. For further registration information, please call the Jobn Scott Dailey Florida Institute of Government at the University of South Florida at 813.974-2345. HOTEL INFORMATION: To make your hotel reservations, please call: Embassy Suites - Tampa, Florida 3705 Spectrum Boulevard Tampa, FL 33612 Phone 813-977-7066 Please ask for the Advanced Institute for Elected Municipal Officials special mte of $ 129.00/night single occupancy HOTEL CUT OFF DATE: September 19,2006 {bloek will lill up earty .. make your re.."'ations ASAP~v . o CilYOF HOME. OF P:WCAN ISlAND Cit of Sebastian, Florida lXo. 03({J Agenda No. Subject: Resolution No. R-06-15 Adopting an Amended Fis al Year 2005-06 Budget. . Department Origin: Financ~ Finance Directori.......~. ~ City Attorney: / City Clerk: Date Submitted: August 2, 2006 For Agenda of: August 9, 2006 Exhibits: . Resolution No. R-06-15 . 3rd Quarter Budget Review Memorandum . Capital Project Status Reports as of June 30, 2006 . Schedule of Investments - State Board of Administration as of June 30, 2006 . Schedule of Investments - Custodial Account as of June 30, 2006 . Schedule ofInvestments - Certificate of Deposits as of June 30, 2006 . Schedule of Investments - Guaranteed Investment Contracts as of June 30, 2006 . 3rd Quarter Accomplishments and Fiscal Y ear- To-Date Operating Statement EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: N/A SUMMARY Pursuant to financial policy adopted in previous fiscal years, budget reviews and adjustments would be presented to the City Council on a quarterly basis. In addition, project status reports, investment reports, quarterly accomplishments, and operating statements are also included for your review. Following adoption of the City of Sebastian's budget on September 20, 2005, there were several program changes that occurred over the nine months ended June 30, 2006 that require an amendment to the budgets of the various funds of the City. As such, we are recommending a net increase of $159,212 to the General Fund resulting from the following: . $37,910 increase in intergovernmental revenues to reflect the actual Federal Highway Administration reimbursement received in the 3rd quarter for Hurricane Wilma. The reimbursement represents the debris removal costs ($23,656.64) and signage repair costs ($14,253.42) for the federal highway. The amount is set-aside in the General Fund contingency account for future emergency needs. . $21,297 increase in intergovernmental revenues to reflect the tree grant awarded by Florida Department of Agriculture and Consumer Services Division of Forestry. The amount represents 75% of the total awarded bid price. The additional 25% will come from the General Fund contingency account. . $35,086 increase in insurance proceeds to reflect the property insurance reimbursement received for Hurricane Wilma. The amount is set-aside in the General Fund contingency account for future emergency needs. ~ · $64,919 increase in transfer from Stormwater Utility Fund and Stormwater Capital Project Fund to fund the additional costs associated with Stormwater mowing contract. This was previously approved by the City Council on May 3, 2006. In addition to the net increase of the General Fund, there are two line item transfers in the General Fund which do not increase or decrease the total General Fund budget that are included in this amendment package. · Transfer of $112,373 from the General Fund contingency account to Stormwater mowing contract. This was previously approved by the City Council on May 3, 2006. · Transfer of $7,099 from the General Fund contingency account to Parks and Recreation to provide the 25% matching fund for the Tree Grant awarded by Florida Department of Agriculture and Consumer Services Division of Forestry. This was previously approved by the City Council on June 22,2005. In addition, there are increases in other fund types due to capital project close out and interest eammg recognition, which are explained in detail in the budget review memorandum. In keeping with the ability of the City to react to these type of changes as they occur during the course of a year and matching it with the ability to take advantage of them, we are recommending the changes identified in Resolution 06-15, Exhibit "A", which are more particularly defmed and explained in the enclosed memorandum for the 3rd Quarter Budget review. RECOMMENDED ACTION Move to approve R-06-15. @ 2 RESOLUTION NO. R-06-15 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2005 AND ENDING SEPTEMBER 30, 2006 AS PROVIDED FOR IN EXIDBIT "A"; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on September 20,2005, the City of Sebastian adopted Resolution No. R-05-39 providing for the adoption of the City's 2005-06 budget; and WHEREAS, an analysis of the revenues and expenditures for the nine (9) months ended June 30, 2006 has indicated that some adjustments are necessary, NOW, THEREFORE, BE IT RESOL VEDBY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, THAT: Section 1. The budget of the City of Sebastian, Indian River County, Florida for the Fiscal Year beginning October 1, 2005 and ending September 30, 2006 be amended, a copy of which is attached hereto and more particularly identified as Exhibit "A", which are hereby adopted and the revised appropriations set out therein are hereby made to maintain and carry on the government of the City of Sebastian, Indian River County, Florida. Section 2. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. This Resolution shall be given effect as of June 30, 2006. It was moved for adoption by Councilmember The motion was seconded by Councilmember being put to a vote, the vote was as follows: and, upon Mayor Nathan B. McCollum Vice-Mayor Brian Burkeen Councilmember Andrea Coy Councilmember Sal Neglia Councilmember Al Paternoster The Mayor thereupon declared this Resolution duly passed and adopted this 9th day of August, 2006. @ @ ATTEST: Sally A. Maio, MMC City Clerk CITY OF SEBASTIAN, FLORIDA By: Mayor Nathan B. McCollum Approved as to form and content for reliance by the City of Sebastian only: Rich Stringer, City Attorney EXHIBIT" A" AMENDED FY 2006 AMENDED BUDGET BEFORE 3RD QUARTER BUDGET AFTER FUND TITLE ADJUSTMENTS ADJUSTMENTS ADJUSTMENTS GENERAL Revenues $ 12,608,179 $ 159,212 $ 12,767,391 Expenditures $ 12,608,179 $ 159,212 $ 12,767,391 CDBG-LOUISIANA A VENUE Revenues $ 30,060 $ $ 30,060 Expenditures $ 30,060 $ $ 30,060 LOCAL OPTION GAS TAX Revenues $ 811,429 $ $ 811,429 Expenditures $ 811,429 $ $ 811,429 DISCRETIONARY SALES TAX Revenues $ 2,525,000 $ 6,960 $ 2,531,960 Expenditures $ 2,525,000 $ 6,960 $ 2,531,960 RECREATION IMPACT FEE Revenues $ 372,000 $ 17,654 $ 389,654 Expenditures $ 372,000 $ 17,654 $ 389,654 STORMW A TER UTILITY FEE Revenues $ 835,180 $ 18,538 $ 853,718 Expenditures $ 835,180 $ 18,538 $ 853,718 LAW ENFORCEMENT FORFEITURE Revenues $ 10,000 $ $ 10,000 Expenditures $ 10,000 $ $ 10,000 G.R.E.A.T. PROGRAM Revenues $ 9,894 $ $ 9,894 Expenditures $ 9,894 $ $ 9,894 DST DEBT SERVICE FUND Revenues $ 1,040,544 $ $ 1,040,544 Expenditures $ 1,040,544 $ $ 1,040,544 STORMW A TER DEBT SERVICE FUND Revenues $ 437,848 $ $ 437,848 Expenditures $ 437,848 $ $ 437,848 CAPITAL PROJECTS FUND Revenues $ 1,284,986 $ 165,777 $ 1,450,763 Expenditures $ 1,284,986 $ 165,777 $ 1,450,763 GOLF COURSE Revenues $ 1,676,979 $ $ 1,676,979 Expenses $ 1,676,979 $ $ 1,676,979 AIRPORT Revenues $ 411,726 $ $ 411,726 Expenses $ 411,726 $ $ 411,726 BUILDING Revenues $ 2,341,889 $ $ 2,341,889 Expenses $ 2,341,889 $ $ 2,341,889 TOTAL BUDGET $ 24,395,714 $ 368,141 $ 24,763,855 @ HOME Of PWCAN ISlAND TO: MAYOR AND CITY COUNCIL THROUGH: AL MINNER, CITY MANAGER FROM: SHIA FRANCIS, FINANCE DIRECTOR DATE: AUGUST 2, 2006 SUBJECT: 3rd QUARTER BUDGET REVIEW - FISCAL YEAR 2006 As of June 30, 2006, the status of budgets for the major operating funds were as follows: % OF BUDGET ADOPTED RECEIVED/ BUDGET RECEIVED/ BUDGET EXPENDED BALANCE EXPENDED GENERAL Revenues $12,608,179 $ 9,319,083 $ 3,289,096 73.9% Expenditures $12,608,179 $ 9,118,206 $ 3,489,973 72.3% GOLF COURSE Revenues $ 1,676,979 $ 1,354,550 $ 322,429 80.8% Expenses $ 1,676,979 $ 959,111 $ 717,868 57.2% AIRPORT Revenues $ 411,726 $ 276,907 $ 134,819 67.3% Expenses $ 411,726 $ 309,656 $ 101,770 75.2% BUILDING Revenues $ 2,341,889 $ 2,194,121 $ 147,768 93.7% Expenses $ 2,341,889 $ 692,262 $ 1,649,627 29.6% Highlights of the second quarter status analysis include: 1. Overall revenues supporting the General Fund are being received as planned. During the nine months ended June 30, 2006, 73.9% of the budgeted revenues were received while 72.3% of the budget expenditures were spent. The third quarter budget review includes recommendations to increase the total adopted budget for the General Fund by $159,212. This recommendation includes the following elements: @ · $37,910 increase in intergovernmental revenues to reflect the actual Federal Highway Administration reimbursement received in the 3rd quarter for Hurricane Wilma. The reimbursement represents the debris removal costs ($23,656.64) and signage repair costs ($14,253.42) for the federal highway. The amount is set-aside in the General Fund contingency account for future emergency needs. · $21,297 increase in intergovernmental revenues to reflect the tree grant awarded by Florida Department of Agriculture and Consumer Services Division of Forestry. The amount represents 75% of the total awarded bid price. The additional 25% will come from the General Fund contingency account. . $35,086 increase in insurance proceeds to reflect the property insurance reimbursement received for Hurricane Wilma. The amount is set-aside in the General Fund contingency account for future emergency needs. . $64,919 increase in transfer from Stormwater Utility Fund and Stormwater Capital Project Fund to fund the additional costs associated with Stormwater mowing contract. This was previously approved by the City Council on May 3, 2006. There are also several line item budget adjustments listed below which do not increase or decrease the total General Fund budget that are included in this amendment package. . Transfer of $112,373 from the General Fund contingency account to Stormwater mowing contract. This was previously approved by the City Council on May 3, 2006. . Transfer of $7,099 from the General Fund contingency account to Parks and Recreation to provide the 25% matching fund for the Tree Grant awarded by Florida Department of Agriculture and Consumer Services Division of Forestry. This was previously approved by the City Council on June 22,2005. 2. Special Revenue Funds All Special Revenue funds are receiving revenue as planned and recording expenditures as programmed. The third quarter budget review includes recommendations to increase the total adopted budget for the Special Revenue Funds 43,152. This recommendation includes the following elements: . $10,579 increase in transfer from Stormwater Capital Project Fund due to the close of Larkspur and Grandeur Ditch Piping project. This project saving is set-aside in the unappropriated account for future needs. . $17,654 increase in transfer from Park Capital Project Fund due to the close of Barber Street Sports Complex lighting project. This project savings is set-aside in the unappropriated account for future needs. . $14,919 increase in Stormwater Utility Fund interest earnings to fund the increase in stormwater mowing contract, which was previously approved by the City Council on May 3, 2006. 3. Capital Projects Funds The third quarter budget review includes recommendations to increase the total adopted budget for the Capital Projects Funds by $165,777. This recommendation includes the following elements: . $3,394 increase in transfer from Discretionary Sales Tax Revenue Fund to fund the Airport administration building IT/Data installation costs. This was previously approved by the City Council on April 12, 2006. . $42,720 increase in transfer from Discretionary Sales Tax Revenue Fund to fund the Airport administration building phone system. This was previously approved by the City Council on May 24, 2006. . $119,663 increase in current year interest earned on bonds and the interest earned on bonds carried forward from prior year to fund the additional costs associated with Old School House project. This was previously approved by the City Council on May 10, 2006. 4. Golf Course The Golf Course is receiving revenue as planned and recording expenditures as programmed. Staff will continue to monitor revenues stream. There are ~o recommended adjustments for the third qoarter. @ 5. Airport Fund Overall revenues are being received as planned through the nine months ended June 30, 2006. The Airport has experienced delay in rent revenue recognition due to the delay on the Airport administration building project. There are no recommended adjustments for the third quarter. 6. Building Department Overall revenues are being received as planned through the nine months ended June 30, 2006. Expenditures are occurring as anticipated. There are no recommended adjustments for the third quarter. Staff has kept well within the adopted budget in all funds to maintain maximum fiscal flexibility. Staff will continue to monitor and review each position vacancy as it occurs for service level consequences. ANALYSIS OF GENERAL FUND REVENUE Overall revenues supporting general fund activities are being received as planned. A total of $9,319,083 or 74% of the $12,608,179 budget was received during the nine months of the year. TAXES: Real and Personal Property Tax Collections were 101.6% of budget which is consistent with the same period of fiscal year 2004-2005. The Franchise Fees and Utility Service Taxes are being received as expected, although most of the fees/taxes are below the 75% collection estimate for the nine months of the year. This is due to timing differences in recording the revenue and the actual cash received, however, we are confident that the revenue budgeted will be realized. LICENSES AND PERMITS: Occupational Licenses are being received at 104.7% of projected revenues, which is consistent with the same period of fiscal year 2004-2005. Other permit fees are received at 67.5% of anticipated revenues. INTERGOVERNMENTAL REVENUE: During the nine months of 2005-2006, the City has received 69.8% of the projected revenue. More than 85% of this revenue source is from Municipal Revenue Sharing and Local Half-Cent Sales Tax. The reason for below the 75% benchmark is due to timing differences in recording the revenue and the actual cash received, however, we are confident that the revenue budgeted will be realized. GENERAL GOVERNMENT CHARGES FOR SERVICES: During the nine months the City has received 73.8% of the budgeted revenues in this group. Staff is monitoring the charges for services revenues closely, especially in the tennis court area. At the end of the third quarter 2006, tennis facility has generated approximately 24.6% of total budgeted revenues. There are no recommended changes at this time. FINES AND FORFEITURES: During the nine months, 63.7% of revenue had been collected or received. The reason for below the 75% benchmark is mainly due to the implementation of Article V, which has decreased the court fme distribution to all municipalities. Staff will continue to monitor this revenue source. There are no recommended changes at this time. MISCELLANEOUS REVENUES: During the nine months the City has received 207% of miscellaneous revenues. This is primarily due to property insurance reimbursements and revenue generated for space occupied by the Building Department, which was not @rogrammed in the original budget. There are no reco~ended cbanges at this time. OTHER REVENUE SOURCES: Other revenue sources mainly consist of operating and capital transfers and appropriation from prior year fund balance. Included in this budget amendment package, staff recommends an increase of $64,919 in transfers from Stormwater Utility Fund and Stormwater Capital Project Fund to fund the additional costs associated with Stormwater mowing contract. This was previously approved'by the City Council on May 3, 2006. The following changes are a summary of the analysis above and are the net recommended changes to the revenue accounts: Taxes Licenses and Permits Intergovernmental Charges for Services Fines and Forfeits Miscellaneous Revenues Interfund Transfers Non-Revenue Sources ADOPTED 2005..;2006 ' BUDGET $ 7,131,374 243,280 2,464,115 481,669 71,625 192,665 643,362 1,380,089 59,207 7,131,374 243,280 2,523,322 481,669 71,625 227,751 708,281 1,380,089 35,086 64,919 NET RECOMMENDED CHANGE TO THE GENERAL FUND REVENUES IS $159,212. ANALYSIS OF GENERAL FUND EXPENDITURES Most departmental percentages spent without the encumbrances were at or below the 75% level anticipated for the nine months ended June 30, 2006. EXPENDITURES: PERSONALSERVlCES OPERATING EXPENDITURES CAPITAL OUTLAY (3,400) 3,400 Operating Expenditures - Decrease of $3,400 to cover the cost of a video editing workstation. 4 @,\" ~. J Capital Outlay - Increase of $3,400 represents a line item transfer from operating expenditures to cover the cost of a video editing workstation. PERSONAL SERVICES OPERATING EXPENDITURES CAPITAL OUTLAY (16,000) 1,000 $.. 490,486 Operating Expenditures - Decrease of $16,000 to cover the additional stormwater culvert pipe purchases and the cost of a portable generator. Capital Outlay - Increase of $1 ,000 represents a line item transfer from operating expenditures to cover the cost of a portable generator for the Sign Shop. PERSONAL SERVICES OPERATING EXPENDITURES CAPITAL OUTLAY 586,888 736,167 60,000 192,292 586,888 928,459 60,000 Operating Expenditures - Increase of $192,292 represents the following: · An increase in contract mowing services of $177,292 ($112,373 from General Fund contingency, $50,000 from Stormwater project close out, $14,919 from Stormwater Utility Fund). · An increase in culvert pipe line item budget of $16,000. The amount is transferred from Engineering Department rent and lease line item budget savings. PERSONAL SERVICES OPERATING EXPENDITURES CAPITAL OUTLAY 779,861 183,707 56,500 - $ 28,396 779,861 212,103 56,500 . $. 1,020,068, Operating Expenditures - Increase of $28,396 to reflect the $21,297 tree grant awarded by Florida Department of Agriculture and Consumer Services Division of Forestry and $7,099 matching grant fund from the General Fund @gency. 5 OPERATING EXPENDITURES INTERFUND TRANSFERS CONTINGENCY ADOPTED 20~5~2006 BUDGET $ 686,562 1,139,289 174,439 (46,476) 686,562 1,139,289 127,963 $ 2,000,290 . Contingency - Net decrease of $46,476 represents the following: . Decrease of $7,099 to provide 25% of Tree Grant matching requirement. . Increase of $35,086 to reflect the property insurance reimbursement. . Decrease of $112,373 to provide additional funding for stormwater contract mowing services. . Increase of $37,910 to reflect a reimbursement from Federal Highway Administration for Hurricane Wilma. Following is a summary of the General Fund Departments and Divisions explained above: 6 @ AMENDED RECOMMENDED REVISED GENERAL FUND DEPARTMENT/DIVISION BUDGET CHANGES BUDGET General Fund Operating Expenditures and Capital Outlay by DepartmentlDivision: Legislative $ 41,244 $ - $ 41,244 City Manager 238,145 238,145 City Clerk 333,135 333,135 Legal 189,906 189,906 Finance 426,647 426,647 M.I.S. Division 199,417 199,417 Human Resources 217,526 217,526 Police Department: Administrative Division 206,158 206,158 Special Operations 367,569 367,569 School Resource Unit 175,525 175,525 Patrol Division 1,859,425 1,859,425 Community Policing Unit 140,017 140,017 Code Enforcement 157,102 157,102 Professional Standards 112,521 112,521 Detective Division 494,510 494,510 Support Services Division 293,393 293,393 Communications Division 409,027 409,027 Engineering 490,486 (15,000) 475,486 Public Works: Roads & Maintenance 952,271 952,271 Stormwater Utility 1,383,055 192,292 1,575,347 Parks & Recreation 1,020,068 28,396 1,048,464 Building Maintenance 267,091 267,091 Central Garage 201,459 201,459 Cemetery 152,296 152,296 Growth Management 279,896 279,896 Non-departmental 2,000,290 (46,476) 1,953,814 Total Operating Expenditures and Capital Outlay by DepartmentIDivision: $ 12,608,179 $ 159,212 $ 12,767,391 NET RECOMMENDED CHANGE TO THE GENERAL FUND EXPENDITURES IS $159,212. @ 7 ANALYSIS OF DISCRETIONARY SALES TAX FUND Revenues: Other Revenue - Increase of $6,960 represents the project savings being transferred back from Stormwater Capital Project Fund due to the close of Larkspur and Grandeur ditch piping project. Expenditures: CAPITAL OUTLAY INTERFUND TRANSFERS UNAPPROPRIATED $ - $ 1,727,787 797,213 - $ 46,114 (39,154) 1,773,901 758,059 Interfund Transfers - Increase transfer of $46,114 to Airport Capital Project Fund to cover the costs associated with the ITlData installation and a phone system. Unappropriated - A net decrease of $39,154 represents the following: . A decrease of $46,114 represents a line item transfer to cover the costs associated with the ITlData installation and a phone system. . An increase of $6,960 represents the project savings being transferred back from Stormwater Capital Project Fund. The amount is set-aside in the unappropriated line for future needs. ANALYSIS OF RECREATION IMPACT FEE FUND Revenues: Other Revenue - Increase of $17,654 represents the project savings being transferred back from Park Capital Project Fund due to the close out of Barber Street Sports Complex lighting project. 8 rv ~.. Expenditures: .372,000 $ Unappropriated - Increase of $17,654 represents the project savings being transferred back from Park Capital Project Fund. The amount is set-aside in the unappropriated line for future needs. ANALYSIS OF STORMWATER UTILITY FUND Revenues: Other Revenue - A net increase of $18,538 represents the following: · Increase of$14,919 in interest earnings to account for actual interest earned. · Increase of $3,619 represents the project savings being transferred back from Stormwater Capital Project Fund due to the close out of Larkspur and Grandeur ditch piping project. Expenditures: OPERATING EXPENDITURES INTERFUND TRANSFERS UNAPPROPRIATED 3,500 831,680 14,919 3,619 3,500 846,599 3,619 Interfund Transfers - Increase of $14,919 represents a transfer to the General Fund for additional costs associated with stormwater contract mowing services. 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In I ~ ?; I:l >< ~~ ~ '" Ig g. ~ fl r~ s i C> n 1> " I~ "'l":l ~~ ~n Q"'l > n p ::i (;j en s: ":l ~ ~ t'l Z ..., en ~ ~\.l 0> ~'"d 0.... c~ >,....- ~t'" ~'"d tlj~ ~8 tljtlj ~q ....00 Z~ ~> ~~ ~~ ~tlj ~'"d NO c~ ~~ @ CITY OF SEBASTIAN SCHEDULE OF INVESTMENTS June 30, 2006 STATE BOARD OF ADMINISTRATION CALENDAR YEAR TO DATE RATE OF RETURN INVESTMENT ALLOCATION PERCENT General Fund Local Option Gas Tax Fund Discretionary Sales Tax Fund Riverfront Redevelopment Fund Recreation Impact Fee Fund Stormwater Utility Fund Law Enforcement Forfeiture Fund Discretionary Sales Tax, Series 2003 and 2003A Debt Service Fund Stormwater Series 2003 Debt Service Fund Capital Projects Fund Capital Improvements Fund Transportation Fund Public Facility Fund Stormwater Projects Fund Golf Course Fund Airport Fund Building Department Fund Cemetery Trust Fund 20.04% 2.29% 13.70% 4.41% 5.93% 5.97% 0.28% 0.36% 0.25% 1.73% 4.09% 8.14% 2.95% 1.64% 9.66% 0.76% 16.17% 1.61 % Sub-Total 100% Discretionary Sales Tax Revenue Bonds, Series 2003A Bond Proceeds 100% Stormwater Utility Bond Reserve 100% TOTAL INVESTMENTS HELD WITH THE STATE BOARD OF ADMINISTRATION ~ 3rd Quarter Schedule of Investments 81212006 4.77% CURRENT BALANCE 1,578,183.80 180,431.17 1,078,641.18 347,638.15 467,090.46 470,027.75 22,320.42 28,571.57 20,018.52 135,917.47 322,294.22 641,288.73 232,559.01 129,170.90 761,152.26 60,080.37 1,273,255.10 127,139.92 7,875,781.00 413,225.14 566,842.66 8,855,848.80 CITY OF SEBASTIAN SCHEDULE OF INVESTMENTS June 30, 2006 CUSTODIAL ACCOUNT COUPON/ DATE OF PURCHASE MATURITY CUSIP ASSET NAME YIELD PURCHASE PRICE DATE NUMBER Federal Home Loan Bank Bonds - Callable 3.100% 05/14/03 1,000,937.50 05/14/07 3133MYME4 2 Federal Farm Credit Bank Bonds - Callable 3.000% OS/28/03 1,000,000.00 OS/28/08 31331 QN45 3 Federal National Mortgage Association Notes 4.300% 06/05/05 1,500,000.00 05/05/08 31359MB93 4 Federal National Mortgage Association Notes 4.125% 09/06/05 1,000,410.00 01/26/07 31359MYHO 5 Federal Farm Credit Bank Bonds 5.000% 11/28/05 1,000,000.00 11/28/07 31331VHX7 6 Federal Home Loan Bank Bonds 2.620% 12/29/05 984,210.00 10/16/06 3133X8NZ1 7 Federal Home Loan Mortgage Corporation 4.750% 12/29/05 999,609.00 03/28/07 3128X4XGl 8 Federal Home Loan Mortgage Corporation 5.05% 01/31/06 999,375.00 12/08/08 3 I 28X4VG3 9 Federal National Mortgage Association 4.90% 01/31106 999,843.75 11/28/07 31359MZK2 TOTAL 9,484,385.25 INVESTMENT ALLOCATION TOTAL CUSTODIAL INVESTMENTS 001 General Fund 120 Local Option Gas Tax Fund 130 Discretionary Sales Tax Fund 140 Riverfront Redevelopment Fund 160 Recreation Impact Fee Fund 163 Stormwater Utility Fund 310 Capital Projects Fund 320 Capital Improvements Fund 330 Transportation Fund 363 Stormwater Projects Fund 410 Golf Course Fund 45 Airport Fund 480 Building Department Fund 60 I Cemetery Trust Fund 3,901,885.51 160,728.75 904,167.64 315,270.87 633,859.33 836,353.24 29,725.77 841,829.94 607,501.84 31,306.47 245,698.92 263,867.13 204,749.80 507,440.04 TOTAL 9,484,385.25 3rd Quarter Schedule ofInvestments 7/31/2006 (0) INSTITUTION First National Bank & Trust Company TOTAL INVESTMENT ALLOCATION General Fund TOTAL CITY OF SEBASTIAN SCHEDULE OF INVESTMENTS June 30, 2006 CERTIFICATES OF DEPOSIT DATE OF PURCHASE 09/16/05 PERCENT 100.00% PURCHASE PRICE 1,000,000.00 1,000,000.00 CURRENT BALANCE 1,000,000.00 1,000,000.00 YIELD 4.000% GUARANTEED INVESTMENT CONTRACT CITIGROUP FINANCIAL PRODUCTS, INC. PURCHASE ISSUE DATE TOTAL Stormwater Utility Revenue Bonds, Series 2003 11/19/03 @ 3rd Quarter Schedule ofInvestments 7/31/2006 INITIAL DEPOSIT 5,946,000.00 5,946,000.00 BALANCE REMAINING 4,894,344.17 4,894,344.17 MATURITY DATE 09/16/06 MATURITY RATE DATE 2.040% 12!l5/06 HOME Of PELICAN ISlAND Memorandum To: Thru: From: Date: Re: Mayor and City Council Al Minner, City Manager Shai Francis, Director of Finance August 2, 2006 3rd Quarter Accomplishments and Operating Statement Fiscal Year 2006 Enclosed please frod the 3rd Quarter Accomplishments and Operating Statement for the City of Sebastian as assembled and prepared by the Finance Department for the three months ended June 30th, 2006. FINANCE · Closed out and received Hurricane Wilma reimbursement in the amount of $37,910 from Federal Highway Administration for debris clean up and signage repairs. · Pursued and received property insurance reimbursement for Hurricane Wilma in the amount of$35,086. · Assisted the City Manager in preparation ofFY 2006-2007 Proposed Budget to Citizens Budget Review Advisory Board. . Assisted the City Manager in preparation and adoption of City's 6-year Capital Improvement Program. MIS · Upgraded the Building Department to the latest version of the New IMS system. · Passed the FDLE state audit conftrming our secure transmission of confidential information. · Completed a new City of Sebastian website. . Developed new Community Center website. · Reconftgured the City Web server to email forms from The Sebastian Business web site, which eliminated the need for outsourcing this service. · Designed a new work order form for the MIS Department. . Went live with the new Laser Fiche Website. · Completed the network wiring for the new Airport Administration building. · Installed two Fire Alarm phone lines at the new Airport Administration Building. 1 @ · Facilitated the Emergency Disaster Phones program with Sprint. Program received 40 cellular telephones at no cost to the City. POLICE DEPARTMENT Administration · Continued to pursue acquisition of an E 911 Dispatch System by requesting funding and approval for acquisition from the County Commission. The request has been denied however we will continue to work toward securing our own PSAP. · Provided for agency participation in traffic safety programs, "Dill Enforcement Wolf Pack" and "Click it or Ticket". · Provided for the command staff to gain experience in budgeting, budget administration, special events planning, disciplinary matters and reviewing operations of other police agenCIes. · Transferred two of the three Command Officers to provide for expanded experience. Road Patrol and Professional Standards Lieutenants were changed. · Reviewed department unusual occurrences and natural disaster plans as well as developed a Comprehensive Emergency Management Plan to be presented to Management and Council for approval and adoption. · Developed Radio Spots for Crime Prevention. School Resource Officers Workload measures: · Conducted 2 DARE skates. · Conducted 1 DARE bowls. · There were 14 school reports written. · 32 student/parent conferences. · Conducted 48 mediations. · Conducted 133 counseling. · 51 school meetings attended. · 63 classroom programs were conducted. · 7 RAD Kids safety classes conducted. Community Policing Workload measures: · 4 community meetings. · 272 citizen contacts were made. · 12 business contacts/meetings. · 9 child car seat & safety referrals were made. · 196 officer initiated community relation/public relation contacts were made. · Conducted 1 background check for applicants. · Officer Graves had 162 officer-initiated activities. Community Volunteer Unit The Community Service Volunteers worked 1,467.5 hours this quarter and completed the following details: · 59 bank runs. · 3 disabled parking warnings/citations were issued. · 5 written parking warnings were issued. · 3 parking citations were issued. @ 2 . 1 traffic control detail. . 6 Council and courier packages delivered. . 685 house watches were completed. . 341 business checks were completed. . 61 vehicle transports. . 11 Funeral escorts. . 66 Special duty details. Alarm Assessments . Fines collected - $1,780 . Alarm permits collected - $380 Traininl! Unit . Arranged for several officers to meet their FDLE certification requirements. . Processed numerous schools for the department. Code Enforcement Workload measures: . 571 written warnings were issued. . 101 re-inspections. . 629 citizen assists. . 79 notice of violations issued. . 5 twenty-four hour tags issued. . 287 signs removed. . 44 tree inspections. . 0 liens fIled. . 539 cases closed. Investil!ations Workload measures . Detective Marcinik attended a 16-hour course in Financial Crimes. . 67 cases were assigned, with 60 being cleared. . 4 felony arrests and 0 misdemeanor arrests were made. . 108 reports/supplements were completed. . 5 warrants were obtained. Records Division Continued to provide our residents with house watch applications, local checks, incident and accident reports and assistance with various other requests. Workload measures . Incident reports processed - 587 . Arrest reports processed - 0 . Accident reports processed - 57 . Traffic citations processed -764 . Parking citations processed - 176 . Warning citations processed - 805 . Subpoenas signed for processed - 465 . Fingerprinting services for our residents - 65 . Notary requests - 0 3 o Communications Division · Two (2) sets of dispatch interviews done. · Hired One (1) dispatcher. · One (1) positions vacant · Dispatched and/or entered 10477 calls into C.A.D. · Purchased one new headset. · Purchased a new inkjet printer to replace the bad one. · Installed wall monitor for mapping and camera's. · Training attended: (1) FDLE Regional Workgroup meeting. Two (2) CTa (Communication Training Officer), Two (2) 40 hr. APCO Basic Communication Certification. Special Operations Workload measures · Citations - 105 · Warnings - 27 · Incident reports - 5 · Arrests - 13 Boat Officer Workload measures: · Citations - 66 · Warnings - 26 · Incident reports - 5 · Arrests - 1 K-9 Officers Workload measures: · Citations - 117 · Warnings - 77 · Incident report - 4 · Arrest reports - 21 · Usage reports - 14 · Activity reports - 4 · Training hours - 176 · Demonstrations - 2 · Apprehensions - 5 misdemeanor & 9 felony @ ENGINEERING General · Handled numerous meetings and review discussions related to design and permitting of the City's Stormwater Utility capital improvement program. · Assisted on a daily basis in resolution of numerous drainage and signage inquiries and complaints from residents. · Worked closely with City Manager, City Attorney, and City Staff regarding various organizational, procedural, and substantive matters - particularly having to do with stormwater, traffic, and street/roads. · Assisted internal staff on a daily basis in the clarification and resolution of numerous contractor drainage permit matters. 4 · Reviewed and coordinated numerous permitting and site plan review items with Building Department and Growth Management. · Reviewed for approval numerous FEMA / FIRM flood map revisions (in conjunction with Growth Management). · Continued performing troubleshooting and planning for interrelated drainage, paving, and sidewalk matters. · Continued development and improvement of Sign Shop operations and procedures including design, procurement, and installation of various traffic signage items. · Reviewed paving program. · Reviewed capital improvement projects. · Continued development and organization of Engineering Assistant / Intern program · Continued development of public education program regarding stormwater and streets / roads / traffic matters. · Continued development work, including various key contacts and meetings, regarding program for higher education offerings in Sebastian area. · Continued development of renewable energy applications to benefit City operations including opportunities related to the Golf Course, Old City Hall Building, and Public Works. · Provided comments / feedback regarding hurricane emergency management items. · Handled numerous meetings and review discussions related to design and permitting of the City's Stormwater Utility capital improvement program. · Handled numerous personnel matters having to do with Engineering staff, including Sign Shop. · Participated in initial discussions related to development of GIS. · Called in 70 locates or updates on locates, for work in right of way or easements. · Worked with FPL on the installation of new streetlights. · Coordinate with SJRWMD, on the new storm water park. · Coordinate with CDM on Storm water Park. Field Investigations Workload measures: · Responded to 125 drainage complaints. · Handled 45 new pool construction inspections. · Handled 571 new home construction inspections. · Handled 95 new home drainage permits. · Set elevation for 5 side yard pipes. · Set elevation and grade for 8 road crossing pipes · Coordinate with Mosby Moia Bowles & Associates, Inc., on Sebastian River Landings · Coordinate with Schulke, Bittle & Stoddard LLC, on the Gables Traffic Division Workload measures: . Stop signs- 31 · Street signs- 70 · Decals- 20 . Speed signs 14 · No parking- 7 . Specialty-19 . Warning signs- 21 5 @) · Temp signs- 10 · No trucks 34 · Object Markers 20 PUBLIC WORKS DEPARTMENT Roads and Maintenance · Assisted the garage with parts runs and maintenance. · Assisted the sign shop with Roads and Maintenance personnel. · Assisted the Stormwater Division with drainage projects. · Handled all pothole and asphalt repairs. · Regular road sweeping maintenance. · Removed and replaced generator roof. · Sidewalk Repair on Fleming Street · Preparation for 4th of July riverfront celebration. Stormwater Division · Completed priority projects on Biscayne and Quarry, Periwinkle and Mistletoe, and 700 Block of Rollinghill. · Reworked drainage on Layport Dr. (2 lots), and reworked front swale on Barber Street (1 lot). · Installed ~ round for part of Tulip and Croquet and, and three lots on Concha Drive · Replaced road-crossing pipes on Lanco Street, George Street, Bevan Drive, and Concha Drive Dam approach. · Completed approximately 6500 feet of swale mowing and approximately 12,000 feet of ditch mowing and excavating flow line. Parks and Recreation Division · Planted trees throughout City associated Urban Forestry Grant. · Installed Splash Pad & Restroom at Riverview Park. · Ran conduit and water lines to Splash Pad & Restroom and prepped foundation for new restroom by Splash Pad. · Planted six trees at Easy St. Park for Arbor Day. · Hosted the 2006 Easter Egg Hunt. · Sent out bids for Lift Station and new playgrounds at Friendship, Bryant Ct., Easy St. and Blossom Parks · Continued regular park maintenance. · Added dance classes at Community Center Cemetery Division · Continued routine mowing, weed eating and edging. · Worked with the corrections crew, worked on flag light pole at the office. · Sprayed round up and trimmed all trees. · Worked on irrigation for the new trees in the US # 1 medians. @ Central Garage Division · Made our tire room safer and more tolerant when we received our air conditioning machine. · Continued to work with other operating departments to identify their vehicle and equipment needs in the event of a disaster. · Continued employee education and training, and certification program. 6 . Continued maintaining fuel facility in accordance with E.P.A. requirements and assuring fuel is always available to our fleet. . Continued shop equipment modernization program to increase the level and quality of service. . Achieved a relatively low backlog on vehicles and equipment, except those. repairs that have to be outsourced and depend on the availability of funds each department has. . Started to revamp our parts room to improve accountability. GROWTHMANAGEMffiNT . Has begun implementation of a citywide GIS (Geographic Information System) system, coordinating initial needs and set-up with Ms. Carol Roffer, a system design and integration consultant. The Growth Management and Engineering Departments will begin use of the new mapping system beginning new fiscal year. . Presented a completed Fa9ade, Signage, and Landscape (FSL) program to the Community Redevelopment Agency (CRA). Five applications were received and reviewed, and four matching grants were awarded from TIF monies to recipients in June. . Compiled and submitted information for re-certification to the Tree City USA program. . Finished bringing all model homes into compliance regarding renewal fees and slgnage. The following daily work was also completed: . Site Plan Hearings - 1 . Site Plan Extensions - 0 . Site Plan Inspections - 12 . Site Plan Appeals - 0 . Conditional Use Permits - 0 . Subdivision and PUD reviews - 1 . Annexation reviews - 1 . Rezoning requests - 2 . Change of Land Use requests - 2 . Comprehensive Plan Text Amendments - 0 . LDC Text Amendments - 0 . Home Occupational License reviews - 56 . Accessory Structure reviews - 1 . Model Home permits - 9 . Sign Applications (zoning clearance review) - 9 . Temporary Sign Permits - 12 . Temporary Use Permits - 8 . Address Assignments - 1 . Address Corrections - 3 . Release of Unity of Title - 2 . Variance Requests - 3 . Overlay District Waiver Requests - 1 @ 7 · Special Exceptions - 0 · Division of a Single Lot - 2 · Vacation of Easements - 1 · Grant of Easement - 0 · Right of Way Abandonment - 0 · Occupational Licenses: · New-64 · Renewals -4 · Transfers - 13 · Denials - 0 · Appeals - 1 · Memorial Bench Requests - 2 · Zoning Interpretations - 156 · Zoning Confirmation letters - 4 · Field Inspections - 20 · Flood Zone Determinations - 40 · Code Enforcement Assists/Code Determinations - 30 · LOMR Applications - FEMA - 6 MUNCIPAL GOLF COURSE · Total revenue for 3rd Quarter: $338,921, an increase of$35,819 over Fiscal 04-05 3rd Quarter. A) Total Golf Shop Sales for 3rd Quarter: $28,185, an increase of $2,747 over Fiscal 04-05 3rd Quarter. B) Driving Range Revenue for 3rd Quarter: $12,596, an increase of$1,921 over Fiscal 04-05 3rd Quarter. C) Discount Card sales for 3rd Quarter: $210. D) Cart Fees for 3rd Quarter: $175,896, an increase of$21,882 over Fiscal 04-05 3rd Quarter. E) Golf rounds played for 3rd Quarter: 14,941, an increase of975 over Fiscal 04-05 3rd Quarter. F) Green Fees for 3rd Quarter: $107,299, an increase of $10,613 over Fiscal 04-05 3rd Quarter. G) Club Rental & Club Storage revenue for 3rd Quarter: $451. H) Computerized Golf Handicap Tracking Fees for 3rd Quarter: $180. 1) Rents & Royalties for 2nd Quarter: $8,029. 1) Professional lessons for 3rd Quarter: $1,970, an increase of $620 over Fiscal 04- 05 3rd Quarter. K) Annual MembershiplInitiation fees for 3rd Quarter: $0. . Charity and Corporate Golf Tournaments / Outings for 3rd Quarter included Arrowood Homeowners Association (44 players), Richard's Paint Contractors (128 players), American Cancer Society (132 players), Piper Aircraft (144 players), Sebastian Chamber of Commerce (80 players), Sebastian Soccer Association (120 players), Brevard Rugby (144 players), Sebastian VFW (56 players), and Liberty Magnet School (108 players). Charity and Corporate Golf Tournaments scheduled for the 4th Quarter (05-06) include Calvary Christian Church Children's Foundation, Easter Seals of Florida, Vero Beach . @ 8 High School Cheerleaders Benefit, Sebastian VFW, Sebastian Italian-American Club, Ladies Twin County Golf Association and Breast Cancer Awareness Benefit. · All weekly leagues (Monday League, Sebastian Men's & Women's Associations, Couples League, Business League and weekend Leagues) continue to offer a steady source of golf rounds and revenue. · Planted 24 oak: trees and 15 maple trees as a result of the Urban Forestry Grant. · 2006 Sebastian Junior Golf Academy offers a total of twenty-two (22) three-day classes, with each class filled to capacity. MUNlCIP AL AIRPORT · The Business Plan is nearing completion. Significant cooperation between various departments was achieved providing valuable information that will increase the effectiveness of this important document. · A CO was obtained for the Airport Administration Building. A furniture delivery date has been established for August 14th, 2006. Final IT work is being performed and we are waiting for the installation of the phone system. We anticipate holding a grand opening ceremony in late August or early September. · The security camera upgrades have been substantially completed, now providing continuous, recorded coverage of the airport grounds. · The Airport Fuel Facility contract is being fmalized and will be presented to Council, and we hope to begin construction within the following weeks. · The Airport's new security quarter has been installed on-site, and we are working to complete water and electric hook-ups in the near future. · With the cooperation and coordination of the Florida Department of Transportation, we received 3 fully executed Joint Participation Agreements (JPA's) helping secure over $900,000 in grant funding between the FAA and FDOT. These projects include the installation of an aviation fuel facility, design and engineering services for Taxiway C, and the construction of an access road better known as "Corporate Park Drive." BUILDING DEPARTMENT The Building Department accomplishment for the Third Quarter shows building permit activity has slowed down from previous months. Permitting has continued to slow from the second quarter with 24 new single-family residences for the month of April. In the month of May new single-family residence permits increased slightly to 44 and in June the new single-family residence permits declined again to 25 permits. It appears the new single-family home production builders are experiencing a decline in new home sales. It now appears that there are many new homes on the market and thus speculative building is no longer being pursued. Total building permits issued for the quarter include 298 for the month of April, 542 for the month of May and 380 for the month of June. Permitting activity has declined and so has the inspection requests, compared to the second quarter. The total inspections for the quarter included 1776 for the month of April, 1921 for the month of May and 1896 for the month of March. The Building Department lost two inspectors since the second quarter. These individuals went on to pursue other professional opportunities. One of the positions has been filled and this inspector is in training while awaiting approval from the State. The last Building Inspector position remains vacant at this time. Our Building Inspection staffhas continued to persevere and maintain status quo during this time of transition. The Building Department has remained pro-active in achieving our goals of becoming fully automated. We now have laptop computers being used in the field on truck mounts to input inspection results as 9 GB @ they are performed directly into the computer database. All inspections are also scheduled directly into the computer, eliminating the paper trail and double work that was being utilized in the past. Contractor licensing has declined slightly in this quarter. No new violation cases have been brought to the Construction Board. The Building Department has remained busy, but we are using this lull in permit activity to streamline our permitting and inspection processes to improve the overall customer service we provide. The department continues to archive building permits and licensing documents into the laser fiche program for safe record keeping. 10 ,- Description TAXES LICENSES & PERMITS INTERGVT'L REVENUES CHARGES FOR SERVICES FINES AND FORFEITS MISC. REVENUES OTHER REVENUE SOURCES TOTAL REVENUES Description PERSONAL SERVICES OPERATING EXPENDITURES CAPITAL OUTLAY TOTAL LEGISLATIVE EXPENDITURES Description PERSONAL SERVICES OPERATING EXPENDITURES CAPITAL OUTLAY TOTAL CITY MANAGER EXPENDITURES Description PERSONAL SERVICES OPERATING EXPENDITURES CAPITAL OUTLAY TOTAL CITY CLERK EXPENDITURES Description PERSONAL SERVICES OPERATING EXPENDITURES CAPITAL OUTLAY TOTAL LEGAL EXPENDITURES 3rd Quarter Operating Statement CITY OF SEBASTIAN, FLORIDA SCHEDULE OF ACTUAL TO BUDGET JUNE 30, 2006 GENERAIJ FUND REVENUES Quarter Year Current Revised % Th....D..Im Th....D..Im Encumbrance B.wI.W Collected 1,152,611 6,290,145 N/A 7,131,374 88.2% 36,385 205,256 N/A 243,280 84.4% 564,422 1,719,942 N/A 2,464,115 69.8% 108,702 355,419 N/A 481,669 73.8% 16,972 45,593 N/A 71,625 63.7% 192,727 399,517 N/A 192,665 207.4% 106,154 303,210 N/A 2,023,451 15.0% 2,177,973 9,319,082 N/A 12,608,179 73.91% GENERAL FUND EXPENDITURES CITY COUNCIL Quarter Year Current Revised % I!!..llim :I.ll.llllk Encumbrance B.wI.W SIlmt 5,403 16,204 0 21,398 75.7% 2,213 9,245 0 19,846 46.6% 0 0 0 0 0.0% 7,616 25,449 0 41,244 61.70% CITY MANAGER Quarter Year Current Revised % :I.ll.llllk :I.ll.llllk Encumbrance .Bl!.dnt SIlmt 54,391 149,454 0 224,738 66.5% 2,140 5,115 0 13,407 38.2% 0 0 0 0 0.0% 56,531 154,569 0 238,145 64.91% CITY CLERK Quarter Year Current Revised % :I.ll.llllk :I.ll.llllk Encumbrance B.wI.W SIlmt 65,931 180,695 0 252,243 71.6% 38,744 59,780 0 69,318 86.2% 0 11,574 0 11,574 100.0% 104,675 252,049 0 333,135 75.66% LEGAL Quarter Year Current Revised % :I.ll.llllk :I.ll.llllk Encumbrance B.wI.W SI1m1 48,881 131,192 0 181,206 72.4% 1,369 4,432 0 8,700 50.9% 0 0 0 0 0.0% 50,250 135,624 0 189,906 71.42% @ CITY OF SEBASTIAN, FLORIDA SCHEDULE OF ACTUAL TO BUDGET JUNE 30, 2006 FINANCE Quarter Year Current Revised % Description ~ ~ Encumbrance BYdgd Spmt PERSONAL SERVICES 77,012 235,246 0 355,779 66.1 % OPERATING EXPENDITURES 5,235 60,295 0 70,868 85.1% CAPITAL OUTLAY 0 0 0 0 0.0% TOTAL FINANCE EXPENDITURES 82,247 295,541 0 426,647 69.27% MANAGEMENT INFORMATION SYSTEM Quarter Year Current Revised % Description ~ ~ Encumbrance Bwlgd Spmt PERSONAL SERVICES 39,653 99,613 0 170,378 58.5% OPERATING EXPENDITURES 4,327 7,472 0 23,540 31. 7% CAPITAL OUTLAY 3,398 8,897 10,325 5,499 349.6% TOTAL MIS EXPENDITURES 47,379 115,982 10,325 199,417 63.34% HUMAN RESOURCES Quarter Year Current Revised % Description ~ ~ Encumbrance Bwlgd SJW11 PERSONAL SERVICES 50,316 140,229 0 191,706 73.1% OPERATING EXPENDITURES 3,938 19,222 0 25,820 74.4% CAPITAL OUTLAY 0 0 0 0 0.0% TOTAL DR EXPENDITURES 54,254 159,451 0 217,526 73.30% POLICE SPECIAL OPERATIONS Quarter Year Current Revised % Description :I.o..nJm: ~ Encumbrance Bwlgd SJW11 PERSONAL SERVICES 71,412 209,150 0 256,590 81.5% OPERATING EXPENDITURES 14,878 34,507 0 47,167 73.2% CAPITAL OUTLAY 20,194 27,741 875 63,812 44.8% TOTAL POLICE SPEC OP EXPENDITURES 106,484 271,398 875 367,569 74.07% POLICE ADMINISTRATION Quarter Year Current Revised % Description ~ ~ Encumbrance Bwlgd SJW11 PERSONAL SERVICES 47,494 132,479 0 179,745 73.7% OPERATING EXPENDITURES 4,007 12,029 0 26,413 45.5% CAPITAL OUTLAY 0 0 0 0 0.0% TOTAL POLICE ADMIN EXPENDITURES 51,500 144,508 0 206,158 70.10% @ 3rd Quarter Operating Statement 2 CITY OF SEBASTIAN, FLORIDA SCHEDULE OF ACTUAL TO BUDGET JUNE 30, 2006 POLICE SCHOOL RESOURCE OFFICER Quarter Year Current Revised % Description I.ILDm ~ Encumbrance BYdg.e.t SJ1mt PERSONAL SERVICES 32,506 87,927 0 127,851 68.8% OPERATING EXPENDITURES 8,906 13,909 0 12,174 114.3% CAPITAL OUTLAY 26,721 28,529 0 35,500 80.4% TOTAL POLICE SRO EXPENDITURES 68,132 130,365 0 175,525 74.27% POLICE ROAD PATROL Quarter Year Current Revised % Description ~ ~ Encumbrance .B.u.dW SJlW PERSONAL SERVICES 365,646 984,647 0 1,506,935 65.3% OPERATING EXPENDITURES 33,755 111,013 0 153,115 72.5% CAPITAL OUTLAY 107,800 150,809 8,804 199,375 80.1% TOTAL POLICE RP EXPENDITURES 507,201 1,246,469 8,804 1,859,425 67.51% POLICE COMMUNITY POLICING UNIT Quarter Year Current Revised % Description I.ILDm ~ Encumbrance .B.u.dW SJWIt PERSONAL SERVICES 29,915 88,853 0 121,073 73.4% OPERATING EXPENDITURES 4,452 11,050 0 18,944 58.3% CAPITAL OUTLAY 0 22 0 0 0.0% TOTAL POLICE CP EXPENDITURES 34,368 99,925 0 140,017 71.37% POLICE PROFESSIONAL STANDARDS Quarter Year Current Revised % Description I.ILDm I.ll..D.ak Encumbrance .B.u.dW SJ1mt PERSONAL SERVICES 27,27 5 74,499 0 97,503 76.4% OPERATING EXPENDITURES 1,328 4,935 0 13,618 36.2% CAPITAL OUTLAY 0 0 0 1 ,400 0.0% TOTAL POLICE PS EXPENDITURES 28,604 79,434 0 112,521 70.59% POLICE INVESTIGATIONS Quarter Year Current Revised % Description I.ILDm I.ll..D.ak Encumbrance BYdg.e.t SJWIt PERSONAL SERVICES 94,783 281,960 0 410,277 68.7% OPERATING EXPENDITURES 20,044 56,945 0 78,633 72.4% CAPITAL OUTLAY 2,529 4,329 875 5,600 92.9% TOTAL POLICE INVEST EXPENDITURES 117,356 343,234 875 494,510 69.59% 3rd Quarter Operating Statement 3 @ CITY OF SEBASTIAN, FLORIDA SCHEDULE OF ACTUAL TO BUDGET JUNE 30, 2006 POLICE SUPPORT SERVICES DIVISION Quarter Year Current Revised % Description Th..nllk Th..D.m Encumbrance ~ SJm1t PERSONAL SERVICES 65,475 191,495 0 269,525 71.0% OPERATING EXPENDITURES 3,824 15,528 0 20,868 74.4% CAPITAL OUTLAY 2,529 2,529 0 3,000 84.3% TOTAL POLICE SS EXPENDITURES 71,829 209,552 0 293,393 71.42% POLICE COMMUNICATIONS Quarter Year Current Revised % Description Th..nllk Th..D.m Encumbrance ~ SJm1t PERSONAL SERVICES 81,231 233,065 0 370,502 62.9% OPERATING EXPENDITURES 4,796 20,066 0 36,025 55.7% CAPITAL OUTLAY 0 2,140 0 2,500 85.6% TOTAL POLICE COMM EXPENDITURES 86,026 255,271 0 409,027 62.41% ENGINEERING Quarter Year Current Revised % Description Th..D.m Th..D.m Encumbrance ~ SJm1t PERSONAL SERVICES 110,209 315,225 0 428,349 73.6% OPERATING EXPENDITURES 8,968 22,127 0 39,734 55.7% CAPITAL OUTLAY 1,868 6,395 899 7,403 98.5% TOTAL ENGINEERING EXPENDITURES 121,045 343,747 899 475,486 72.48% ROADS & DRAINAGE Quarter Year Current Revised % Description Th..nllk Th..D.m Encumbrance ~ SJm1t PERSONAL SERVICES 183,836 503,905 0 640,577 78.7% OPERATING EXPENDITURES 36,707 1ll,772 5,108 182,029 64.2% CAPITAL OUTLAY 11,937 66,531 56,769 129,665 95.1% TOTAL ROADS & DRAINAGE EXPENDITURE~ 232,480 682,208 61,877 952,271 78.14% STORMW A TER UTILITY DIVISION Quarter Year Current Revised % Description Th..D.m Th..D.m Encumbrance ~ SJm1t PERSONAL SERVICES 150,909 392,719 0 586,888 66.9% OPERATING EXPENDITURES 245,893 747,673 139,835 751,167 118.2% CAPITAL OUTLAY 51 51 70,697 60,000 117.9% TOTAL SW EXPENDITURES 396,852 1,140,443 210,532 1,398,055 96.63% @ 3rd Quarter Operating Statement 4 CITY OF SEBASTIAN, FLORIDA SCHEDULE OF ACTUAL TO BUDGET JUNE 30, 2006 CENTRAL GARAGE Quarter Year Current Revised % Description l:2.Jl.aR Th..Dak Encumbrance B.ndgd Spmt PERSONAL SERVICES 45,373 126,977 0 168,873 75.2% OPERATING EXPENDITURES 14,266 32,905 2,493 25,386 139.4% CAPITAL OUTLAY 1,250 1,250 0 7,200 17.4% TOTAL CENTRAL GARAGE EXPENDITURES 60,889 161,132 2,493 201,459 81.22% BUILDING MAINTENANCE Quarter Year Current Revised % Description Th..Dak Th..Dak Encumbrance :IludW Spmt PERSONAL SERVICES 19,707 57,049 0 94,983 60.1% OPERATING EXPENDITURES 20,987 74,308 51,528 172,108 73.1% CAPITAL OUTLAY 0 0 0 0 0.0% TOTAL BUILDING MAINT EXPENDITURES 40,694 131,357 51,528 267,091 68.47% PARKS & RECREATION Quarter Year Current Revised % Description Th..Dak Th..Dak Encumbrance :IludW SJWlt PERSONAL SERVICES 177,035 504,257 0 779,861 64.7% OPERATING EXPENDITURES 74,768 177,768 9,885 183,707 102.1% CAPITAL OUTLAY 22,014 43,805 3,200 56,500 83.2% TOTAL PARKS & REC EXPENDITURES 273,817 725,830 13,085 1,020,068 72.44% CEMETERY Quarter Year Current Revised % Description Th..l!.lm I.o..ll.ak Encumbrance B.ndgd SJwtl PERSONAL SERVICES 40,051 92,789 0 113,731 81.6% OPERATING EXPENDITURES 6,749 15,536 4,500 29,565 67.8% CAPITAL OUTLAY (0) 7,626 0 9,000 84.7% TOTAL CEMETERY EXPENDITURES 46,801 115,951 4,500 152,296 79.09% GROWTH MANAGEMENT Quarter Year Current Revised % Description Th..l!.lm l:2.Jl.aR Encumbrance B.ndgd SJWlt PERSONAL SERVICES 66,988 165,900 0 250,551 66.2% OPERATING EXPENDITURES 5,406 15,038 0 29,345 51.2% CAPITAL OUTLAY 0 0 0 0 0.0% TOTAL GROWTH MGMT EXPENDITURES 72,394 180,938 0 279,896 64.64% 3rd Quarter Operating Statement 5 @ CITY OF SEBASTIAN, FLORIDA SCHEDULE OF ACTUAL TO BUDGET JUNE 30, 2006 CODE ENFORCEMENT Description Quarter Year Current Revised % Th..l!llk Th..llm Encumbrance Bl1dW SIlent 35,170 99,562 0 136,287 73.1% 3,870 11,886 0 14,815 80.2% 5,058 5,058 0 6,000 84.3% 44,098 116,506 0 157,102 74.16% PERSONAL SERVICES OPERATING EXPENDITURES CAPITAL OUTLAY TOTAL POLICE CE EXPENDITURES NON-DEPARTMENT AL Quarter Year Current Revised % Description Th..l!llk Th..llm Encumbrance Bl1dW SJwtl PERSONAL SERVICES 3,078 5,553 0 10,000 55.5% OPERATING EXPENDITURES 31,813 454,211 21,547 676,562 70.3% GRANTS & AIDS (0) 2,215 0 0 0.0% NON-OPERATING 336,799 1,139,289 1,139,289 100.0% CONTINGENCY 0 0 0 174,439 0.0% TOTAL NON-DEPART EXPENDITURES 371,689 1,601,268 21,547 2,000,290 81.13% TOTAL GENERAL FUND REVENUE 2,177,973 9,319,082 N/A 12,608,179 73.9% TOTAL GENERAL FUND EXPENDITURES 3,135,210 9,118,201 387,339 12,608,179 72.3% NET REVENUES (957,237) 200,881 COMMUNITY DEVELOPMENT BLOCK GRANT FUND-LOUISIANA A VENUE OTHER REVENUE SOURCE TOTAL CDBG RJND REVENUE CDBG REVENUES Quarter Year Current Revised % Th..l!llk Th..llm Encumbrance Bl1dW Collected 0 30,059 N/A 30,060 100.0% 0 30,059 N/A 30,060 100.00% CDBG EXPENDITURES Quarter Year Current Revised % Th..l!llk Th..l!llk Encumbrance Bl1dW SJwu 0 30,059 0 30,060 100.0% 0 30,059 0 30,060 100.00% Description Description OPERATING EXPENDITURES TOTAL CDBG RJND EXPENDITURES @ 3rd Quarter Operating Statement 6 Description TAXES MISC. REVENUES OTHER REVENUE SOURCE TOTAL LOGTREVENUES Description OPERATING EXPENDITURES DEBT SERVICE OTHER SERVICES UNAPPROPRIATED TOTAL LOGT EXPENDITURES Description TAXES MISC. REVENUES TOTAL DST REVENUES Description OTHER SERVICES UNAPPROPRIATED TOTAL DST EXPENDITURES 3rd Quarter Operating Statement CITY OF SEBASTIAN, FLORIDA SCBEDULEOFACTUALTOBUDGET JUNE 30, 2006 LOCAL OPTION GAS TAX LOCAL OPTION GAS TAX FUND REVENUES Quarter Year Current Revised % Th....Ilatl: ~ Encumbrance B.udgd Collected 173,865 476,536 N/A 760,000 62.7% 18,195 32,932 N/A 12,000 274.4% 0 0 N/A 39,429 0.0% 192,060 509,468 N/A 811,429 62.79% LOCAL OPTION GAS TAX FUND EXPENDITURES Quarter Year Current Revised % Th....Ilatl: ~ Encumbrance B.udgd Spmt 47,852 134,30 I 29,175 211,429 77.3% 0 150,000 0 300,000 50.0% 0 150,000 0 300,000 50.0% 0 0 0 0 0.0% 47,852 434,301 29,175 811,429 57.12% DISCRETIONARY SALES TAX DISCRETIONARY SALES TAX FUND REVENUES Quarter Year Current Revised % Th....Ilatl: ~ Encumbrance B.udgd Collected 730,504 1,886,091 N/A 2,500,000 75.4% 34,68 I 71,680 N/A 25,000 286.7% 765,185 1,957,771 N/A 2,525,000 77.54% DISCRETIONARY SALES TAX FUND EXPENDITURES Quarter Year Current Revised % Th....Ilatl: :I.IlD.aR Encumbrance B.udgd Spmt 75,000 1,228,615 0 1,727,787 71.1% 0 0 0 797,213 0.0% 75,000 1,228,615 0 2,525,000 48.66% @ 7 Description MISC. REVENUES RECREATION IMPACT FEE TOTAL RIF REVENUES Description OTHER SERVICES UNAPPROPRIATED TOTAL RIF EXPENDITURES Description MISC. REVENUES STORMWATER UTILITY FEE TOTAL SW UTILITY REVENUES Description OPERATING EXPENDITURES OTHER SERVICES TOTAL SW UTILITY EXPENDITURES Description FINES AND FOREITURES MISC. REVENUES TOTAL LEFF REVENUES @ Description OPERATING EXPENDITURES TOTAL LEFF EXPENDITURES 3rd Quarter Operating Statement CITY OF SEBASTIAN, FLORIDA SCHEDULE OF ACTUAL TO BUDGET JUNE 30, 2006 RECREATION IMPACT FEE FUND RECREATION IMPACT FEE REVENUES Quarter Year Current Revised % I.I1..Dak Th..llm Encumbrance BwIgtt Collected ]5,863 32,595 N/A ] 2,000 271.6% 79,300 292,500 N/A 360,000 81.3% 95,]63 325,095 N/A 372,000 87.39% RECREATION IMPACT FEE EXPENDITURES Quarter Year Current Revised % I.I1..Dak Th..llm Encumbrance BwIgtt SIw1t 6],250 ]83,750 0 245,000 75.0% 0 0 0 ]27,000 0.0% 6],250 ]83,750 0 372,000 49.40% STORMW ATER UTILITY FUND STORMW A TER UTILITY REVENUES Quarter Year Current Revised % I.I1..Dak Th..llm Encumbrance BwIgtt Collected 32,205 62,062 N/A 30,200 205.5% ]28,255 809,230 N/A 804,980 ]00.5% 160,460 87],292 N/A 835,180 104.32% STORMW A TER UTILITY EXPENDITURES Quarter Year Current Revised % Th..llm Th..llm Encumbrance BwIgtt SIw1t 0 2,]57 0 3,500 61.6% 434,514 732,556 0 831,680 88.1% 434,5]4 734,713 0 835,180 87.97% LAW ENFORCEMENT FOREITURE FUND LAW ENFORCEMENT FORFEITURE REVENUES Quarter Year Current Revised % Th..llm Th..llm Encumbrance .Bwlgd Collected 4,500 13,879 N/A 5,000 277.6% 1,]20 3,]66 N/A 5,000 63.3% 5,620 ] 7,045 N/A 10,000 170.45% LA W ENFORCEMENT FORFEITURE EXPENDITURES Quarter Year Current Revised % Th..llm Th..llm Encumbrance .Bwlgd SIw1t 684 1,530 0 10,000 ]5.3% 684 ],530 0 10,000 15.30% 8 CITY OF SEBASTIAN, FLORIDA SCHEDULE OF ACTUAL TO BUDGET JUNE 30, 2006 GANG RESISTANCE EDUCATION AND TRAINING PROGRAM Description G.R.E.A.T. PROGRAM REVENUES Quarter Year Current Revised % ~ I.ll.I!m Encumbrance BudW Collected 36 36 N/A 9,894 0.4% 0 31 N/A 0 0.0% 36 67 N/A 9,894 0.36% G.R.E.A.T. PROGRAM EXPENDITURES Quarter Year Current Revised % ~ ~ Encumbrance BwIgtl Sl1mt 1,024 1,024 0 9,894 10.3% 1,024 1,024 0 9,894 10.35% Description INTERGVT'L REVENUES MISe. REVENUES TOTAL G.R.E.A.T. REVENUES OPERATING EXPENDITURES TOTAL GREAT. EXPENDITIJRES DISCRETIONARY SALES TAX DEBT SERVICE FUND DISCRETIONARY SALES TAX DEBT SERVICE FUND REVENUES Quarter Year ReVised % Description ~ ~ Encumbrance BwIgd Collected MISC. REVENUES 488 1,009 N/A 7,700 13.1% INTERFUND TRANSFER FROM DST 0 848,922 N/A 1,032,844 82.2% TOTAL DST DEBT SERVICE REVENUES 488 849,931 N/A 1,040,544 81.68% DISCRETIONARY SALES TAX DEBT SERVICE EXPENDITURES Quarter Year Current Revised % Description ~ ~ Encumbrance BudW Sl1mt OPERATING EXPENDITIJRES 0 0 0 300 0.0% DEBT SERVICE 1,300 1,034,519 0 1,035,544 99.9% OTHER SERVICES 0 0 0 4,700 0.0% TOTAL DST DEBT SERVICE EXPENDITURES 1,300 1,034,519 0 1,040,544 99.42% @ 3rd Quarter Operating Statement 9 CITY OF SEBASTIAN, FLORIDA SCHEDULE OF ACTUAL TO BUDGET JUNE 30, 2006 STORMW A TER UTILITY DEBT SERVICE FUND STORMWATER UTILITY DEBT SERVICE REVENUES Quarter Year Current Revised % Description l:D...Jl.lm l:D...Jl.lm Encumbrance .BwlW Collected MISC. REVENUES 338 697 N/A 280 248.9% DEBT PROCEEDS 335,987 436,973 N/A 437,568 99.9% TOTAL SW DEBT SERVICE REVENUES 336,547 437,670 N/A 437,848 99.96% STORMW A TER UTILITY DEBT SERVICE EXPENDITURES Quarter Year Current Revised % Description l:D...Jl.lm l:D...Jl.lm Encumbrance .BwlW SJwat DEBT SERVICE 336,487 437,848 0 437,848 100.0% TOTAL SW DEBT SERVICE EXPENDITURES 336,487 437,848 0 437,848 100.00% Description INTERGOVERNMENTAL REVENUES CHARGES FOR SERVICE MISC. REVENUES OTHER REVENUE SOURCES TOTAL GC REVENUES Description PERSONAL SERVICES OPERATING EXPENSES DEBT SERVICE OTHER SERVICES TOTAL GC ADMINISTRATIVE EXPENSES Description OPERATING EXPENSES CAPITAL OUTLAY TOTAL GC MAINTENANCE EXPENSES @ 3rd Quarter Operating Statement GOLF COURSE FUND GOLF COURSE REVENUES Quarter Year Current Revised % l:D...Jl.lm l:D...Jl.lm Encumbrance .BwlW Collected 0 6,998 N/A 7,000 100.0% 291,204 1,281,707 N/A 1,552,114 82.6% 27,583 65,846 N/A 56,470 116.6% 0 0 N/A 61,395 0.0% 318,787 1,354,551 N/A 1,676,979 80.77% GOLF COURSE EXPENSES GOLF COURSE ADMINISTRATIVE Quarter Year Current Revised % l:D...Jl.lm l:D...Jl.lm Encumbrance .BwlW SJwu 74,837 199,211 0 306,214 65.1% 85,181 251,342 61,395 387,516 80.7% 500 28,845 0 307,190 9.4% 0 0 0 16,574 0.0% 160,519 479,398 61,395 1,017,494 53.15% GOLF COURSE MAINTENANCE Quarter Year Current Revised % l:D...Jl.lm l:D...Jl.lm Encumbrance B.wlgd SJwat 140,601 407,754 9,765 546,461 76.4% 0 3,650 0 0 0.0% 140,601 411,404 9,765 546,461 77.07% 10 CITY OF SEBASTIAN, FLORIDA SCHEDULE OF ACTUAL TO BUDGET JUNE 30, 2006 GOLF COURSE CARTS Quarter Year Current Revised 0/0 Description :I.D...I!.lm. Th..Dm Encumbrance ~ SJwU PERSONAL SERVICES 10,236 25,023 0 55,294 45.3% OPERATING EXPENSES 13,378 41,484 0 55,927 74.2% CAPITAL OUTLAY 0 1,802 0 1,803 N/A TOTAL GC CARTS EXPENSES 23,614 68,309 0 113,024 60.44% TOTAL GOLF COURSE REVENUE 318,787 1,354,551 N/A 1,676,979 80.8% TOTAL GOLF COURSE EXPENSES 324,733 959,112 71,160 1,676,979 61.4% NET GOLF COURSE REVENUES (5,947) 395,439 AIRPORT FUND AIRPORT REVENUES Quarter Year Current Revised % Description :I.2..J!Jlk :I.D...I!.lm. Encumbrance Bwlgd Collected MISC. REVENUES 54,910 70,698 N/A 16,250 435.1% LEASE REVENUES 28,389 206,209 N/A 390,551 52.8% OTHER REVENUE SOURCE 0 0 N/A 4,925 TOTAL AIRPORT REVENUES 83,299 276,907 N/A 411,726 67.26% AIRPORT EXPENSES Quarter Year Current Revised % Description :I.2..J!Jlk :I.D...I!.lm. Encumbrance .Bwlgd SJwU PERSONAL SERVICES 57,572 136,625 0 205,854 66.4% OPERATING EXPENSES 19,250 113,030 300 162,209 69.9% OTHER SERVICES 0 60,000 0 43,663 137.4% TOTAL AIRPORT EXPENSES 76,822 309,655 300 411,726 75.28% TOTAL AIRPORT REVENUES 83,299 276,907 N/A 411,726 67.3% TOTAL AIRPORT EXPENSES 76,822 309,655 300 411,726 75.3% NET AIRPORT REVENUES 6,477 (32,748) 3rd Quarter Operating Statement 11 @ CITY OF SEBASTIAN, FLORIDA SCHEDULE OF ACTUAL TO BUDGET JUNE 30, 2006 BUILDING DEPARTMENT FUND BUILDING DEPARTMENT REVENUES Description Quarter Year Current Revised % ~ ~ Encumbrance Bwlgd Collected 295,442 996,772 N/A 1,122,600 88.8% 9,850 22,461 N/A 56,000 40.1% 21,098 35,599 N/A 24,000 148.3% 336,799 1,139,289 N/A 1,139,289 100.0% 663,189 2,194,121 N/A 2,341,889 93.69% LICENSES & PERMITS CHARGES FOR SERVICE MISC REVENUE OTHER REVENUE SOURCE TOTAL BUILDING DEPT REVENUES BUILDING DEPARTMENT EXPENSES Quarter Year Current Revised % Description ~ ~ Encumbrance Bwlgd ~ PERSONAL SERVICES 173,968 430,066 0 623,235 69.0% OPERATING EXPENSES 73,722 222,544 0 275,971 80.6% CAPITAL OUTLAY 26,872 39,652 0 39,900 99.4% OTHER SERVICES 0 0 0 1,402,783 0.0% TOTAL BUILDING DEPT EXPENSES 274,561 692,262 0 2,341,889 29.56% TOTAL BUILDING DEPT REVENUES 663,189 2,194,121 N/A 2,341,889 93.7% TOTAL BUILDING DEPT EXPENSES 274,561 692,262 0 2,341,889 29.6% NET BUILDING DEPT REVENUES 388,628 1,501,859 @ 3rd Quarter Operating Statement 12 Agenda No. 0&.0 l ~ Dept. Origin: City Clerk~~0 City Attorney: Date Submitted: 7/31/2006 HOME OF PELICAN ISlAND City of Sebastian 1225 Main Street Sebastian, Florida 32958 Receive Code Enforcement , r Submittal by: City Manager For Agenda of: 8/9/2006 Exhibits: Signed Order Expenditure Required: N/A Amount Budgeted: N/A SUMMARY STATEMENT Appropriation Required: N/A Per Section 2-193 (15) of the City's Code, the City Clerk shall place each enforcement order on the next City Council agenda. RECOMMENDED ACTION No action required. (0) .' @ CODE ENFORCEMENT BOARD CITY OF SEBASTIAN CITY OF SEBASTIAN, COMPLAINT NO. 2006-18355 Petitioner, vs. MR. & MRS. STANLEY JACOBS Respondents. FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER THIS CAUSE came on for public hearing before the Code Enforcement Board of the City of Sebastian, on July 19, 2006, after due notice to the Respondent and based on the evidence presented, the Code Enforcement Board made the following: FINDINGS OF FACT That the Respondents own the prooerty at 1331 Damask Lane ,Lot 30, Block 280, Sebastian Hiahlands Sub Unit 10. That the respondent has created a violation on said prooerty, in the manner of not providina a functional aaraae WHEREFORE, based upon the aforementioned Findings of Fact, the Code Enforcement Board makes the following: CONCLUSIONS OF LAW That the Respondent is in violation of: Section 54-2-5.2.3(d) (7) of the Land Development Code of the City of Sebastian, which states . Required accessory structures: Every single-family and duplex dwelling unit shall be required to provide a garage or carport. WHEREFORE, based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby ordered as follows: THAT THE RESPONDENT IS FOUND IN VIOlATION OF THE ABOVE MENTIONED CODE OF THE CITY OF SEBASTIAN, that the respondent has until October 17, 2006 to corne into compliance with the Code; failure to comply by that date, the respondents will incur a $50 fine per day until they corne into compliance. If the Respondent repeats or causes a reoccurrence of the violation, this Board shall after notification to the Respondent, reconvene in the Council Chambers to hear further evidence on the issue of compliance and may impose a fine of up to the maximum amount of five hundred ($500) per day for each day the repeat violation. continues beyond the compliance date. 0) Complaint 2006-18355 Page 2 of 2 Code Enforcement Board member Ed Dodd moved the foregoing Order for adoption. The motion was seconded by Code Enforcement Board member David Johns and, upon being put to a vote, the vote was as follows: Chairman Ed Dodd YES Board Member Ronald VanBuskirk YES Board Member Howard Brauer YES Board Member Barbara Beck YES Board Member David Johns YES Board Member Clarence Barton YES Board Member Steven Lincoln YES The Chairman thereupon declared this order duly passed and adopted this 19th day of July, 2006. DONE AND ORDERED in Sebastian, Indian River County, Florida, This 20th day of July, 2006. CITY OF SEBASTIAN, FLORIDA C~~ CHAIRMAN, Code Enforcement Board NUNC PRO TUNC ATTEST: G0 aJY OF HOME OF PELICAN ISLAND CITY OF SEBASTIAN AGENDA TRANSMIITAL Subject: Agenda No. DftJ, I .3 I ittal by: Department Origin: Pu Department He . Finance Director: City Attorney: City Clerk: Date Submitted: August 1, 2006 For Agenda of: August 9, 2006 Exhibits: City of Tampa Agreement for Disaster Response and Recovery Services, Contractors letter of acceptance EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: N/A FUNDING SOURCE: N/A SUMMARY In preparing for the hurricane season, Staff has reviewed several debris-hauling Emergency Services Contracts in place with the City of Sebastian. Four of the contracts we have are good through December 31,2008, one however, has expired and we are therefore requesting a three-year renewal based on the letter of acceptance from the company DRC, Inc. The DRC, Inc. contract is a "piggy-back" with the City of Tampa. The other piggy-back contracts in place are with Charlotte County. Both these organizations went through a Request for Proposals process whereby the responding fIrms were evaluated and ranked, and contracts were awarded as follows: City of Tampa awarded a contract to: Charlotte County awarded contracts to: DRC, Inc. Crowder-Gulf Ashbritt, Inc. Grubbs Emergency Services Asplundh Environmental Services At this time, without knowing any specifIc details or conditions of a resulting storm, it is impossible to predict the cost of any potential clean-up effort. Depending on the required0 service and process of disposal, cost could range anywhere between $17.53 per cubic yard " (if burned) to $30 per cubic yard (if volumes of debris are under 1,000,000 cubic yards). (\ Nonetheless it is a requirement from FEMA to properly procure debris-hauling services to " receive reimbursement. Therefore, it seems prudent to have several contracts in place with varying companies to ensure the best price and the fastest reaction time. Note from the chart above that the current City of Sebastian piggy-back agreements through Charlotte County do not expire until December 31,2008. The piggy-back contract through the City of Tampa has already expired with DRC, Inc. Should Council approve this agreement, a fifth piggy-back contract will be in place with DRC, Inc. until December 31, 2008 ultimately providing the City with additional options for an emergency clean-up. There is no cost associated with approving this contract at this time. This action simply establishes "stand-by" services at the specific price (note the DRC prices vary according to location and volumes more than the other companies). It is also standard and accepted by FEMA and debris removing companies that all terms and conditions in this contract apply to all organizations that approve the contract. Finally, if these services are needed the Council, in all likely hood, would call a special emergency meeting to execute approval and authorize clean-up efforts. RECOMMENDED ACTION Move to authorize staffto execute piggyback agreement with DRC, Inc. subject to terms and conditions of City of Tampa Contract approved by Resolution 2006-371 for Emergency Services on an as needed basis. GiJ OfL ORe, Inc. *JUN 6 Br\ 10 . ~onstruction and Disaster Services -Worldwide 740 Museum Drive. Mobile, Alabama 36608 Tel: 251-343-3581 * Fax: 251-343-5554 May 31,2005 Ms. Linda Kinchen Administrative Supervisor Public Works Department City of Sebastian 1225 Main Street Sebastian, Fl 32958 Ref:: . Contract for Disaster Recovery Services Dear Ms. Kinchen: As a follow up to our telephone conversation on Tuesday, May 31, 2005, this letter is to advise you that the contract for Disaster Recovery Services between City of Sebastian and DRC, Inc. will not expire until June 9, 2006. The renewal terms at that time areas follows: 1) The City may extend the contract for up to three (3) additional terms of twelve (12) months each under the same terms and conditions. DRC, Inc. is committed to providing the City of Sebastian the finest disaster management support available in the nation. Weare prepared to provide you and your community the :full range of services to support you should the need arise. Should you have any questions or concerns, please feel free to contact me. Sincerely, ~ci~~ to? Pre-Event Contract Mana r Lrr @ CITY OF TAMPA Pam Iorio, Mayor Purchasing Department Gregory K. Spearman, CPPO Purchasing Direct-or May 9, 2006 DRC Emergency SelVices, llC 740 Museum Drive Mobile, AL 33608 SUBJECT: Debris Management Services Enclosed is a copy of the Executed Assignment of Award between DRC, Inc., DRC Emergency SelVices, LLC and and the City of Tampa for: Debris Management SelVices Resolution No. 2006-371, 3/30/06 Thanks, ~~ 5 a on artman Administrative Assistant II SH/s Enclosure @ 306 E. Jackson Street, 2E - Tampa, Florida 33602- (813) 274-8351 _ FAX: (813) 274-8355 Q-eJrnpaGav . . '...nAnAl t"~Fn_~;'_'-' no" 2006 - 6/ I '3/"30/ at;, ASSIGNMENT OF AWARD, ACCEPTANCE AND CONSENT TO ASSIGNMENT . . . ~ This ~nment of Award, Acceptance and Consent to Assignment is entered into at Tampa, Florida, this3D day of fY\a~ ,2006, by and between DRC, Inc., hereinafter referred to as "Assignor', and DRC Emergency Services, LLC, hereinafter referred to as "Assignee", the address of which is 740 Museum Drive, Mobile, Alabama 33608, and by and between the Oty of Tampa, a municipal corporation of the State of Florida, hereinafter referred to as "City", whose address is Municipal Office Building, 306 E. Jackson Street, 2E, Tampa, Florida 33602. WITNESSETH: WHEREAS, . Assignor and City on April 5, 2001, entered into an Award. for Debris Management Services, hereinafter referred to as "Award"; and WHEREAS, Assignor desires to assign the Award to Assignee; and WHEREAS, the Award provides that Assignor shall not assign the Award without the written consent of City; and WHEREAS, the Award. City deems it in the best interest of the citizens of the City of Tampa to consent to the assignment of NOW, THEREFORE, in consideration of the mutual covenants, premises and representations contained herein, the parties hereto agree as follows: 1. Assignor hereby assigns to Assignee the Award dated AprilS, 2001 between Assignor and City, including all rights, interest, obligations and responsibilities that the Assignor holds in the Award. 2. Assignee hereby accepts assignment of the Award. Assignee warrants that it has carefully read all terms and conditions of the A~ard, and hereby accepts all rights, interest, obligations arid responsibilities of the Award. 3. The City hereby consents to the assignment of the Award from the Assignor to the Assignee. 4. This Assignment of Award, Acceptance and Consent to Assignment shall become effective only upon execution by all of the parties. 10F2 G5J IN WITNESS WHEREOF, the parties hereto have caused this Assignment of Award, Acceptance and Consent to Assignment to be executed at the place and on the day hereinabove first . A~~ (SEAl) - - 'AR~ ATIESf: ~ (SEAl) SECREfARY r- CITY OF TAMPA APPROVED AS TO FORM: ~l~ JUST! . VASKE ASS! ANT CITY AlTORNEY .L~ PAM IORIO, MAYOR @ 20F2 i I 01/24/2006 15:05 81327487-""', - ... f. -, - CITY OF TAMPA f"" ~CHA r - PAGE 01/El1 ~oniTactuaJServices Division :- Purcb.asing Department - . .... '. -Mr. Don Bahouth - DRe, Inc. '- - Gregory K. Spearman, Cl'PO - - Director of Purcbasing _ _ January 24, 2006- Dear Don, - Your firm has- an_award with the Cit); of Tampa to provi~e D.ebrls: MaI')3c:Jement. _ - This ~sting a~rd expires or; Am:iiLn4~ 2006. Under the provlsionSOfthis_awem:lr the same prices, terms and conditions (if applicable) m~y be renewed if mutually agreeable to both paitles for an additional five- year perlod:_ _ - - _ __ _ _ Our ~rtis indi~te that your Affll1t\ative Action-Certifita'tion eXpj~ed on 10i1i'J05. Please contact Franklin Cross at (813) 274.5543 to insure that your compliance remains current throughout the renewal periOd, - --, - ___ -If your fjrm -desi~ t~ eXtend the award, please cOmplete and' return- thefuHowing Statement of Intent with required information within 10 days: receipt of this letter or the award I Contract. will be considered non- renewable and will automatically' be! terminated at ~nd of said term; If you' do not wish to renew, please indicate.. so in th~ appropriate space bl~row. - Sincerely, Kevin Frye senior Procurement AnalySt STATEMENT OF INTENT _- Mark Staft'ord be' th 'zed I, ,- '''' . _ ing au, on : to contract for- DRC Emeriiency Servi'ce~!. LLC - .-dohereby~xpresSthefirm'sd~Siretoextehdth.etlbove_ ' - referenced agreement upon the same: prices (with es~latron; if 'applicable) 'Same ,terms and conditions. I - un ersta - that -an'extens!On,'of th~ a9reemeri~ req~i~ C'tly Co~~di ~P~roval: -, -mis' stateme~t represents bi, ing approVal of an extension 'of thiS agreement. --Y:'--~~"I . . . . ~ort~ i\gnablre . .. ' Mark- Staffdrd ' ,_ _' - :',Type of Print Name Above . "_ --Trt.ie:' Ch-ie'f-Oper-ating- :Ofti~~r -2006 Date @ '\ 1 ( ) We ,do not wish to renew thfs eW~id.The so~rce for non~renewal is:.-- '. . . Please fax back to 813w274-83S~;. Xfyou have any questic,"s~ call me @ 813w2.74-8833 315 E. Kennedy Blvd. · T~mpa, Florida 33602. (813) 214--8354 '. FAX: (813)- 27.4w1lR7J. RESOI.l1r'1'oN NO. .20060 3 7 1 It ~ ~ >>I ~ Of AWAA'f)..\tttPTNa ANt> 00Ns8IIr 1'0 ASiStGNMiENT .1B!1'WeeH THE drr ~ ~ o~ JHC. NiIO DRC ~ ~ u.c.. ~lNG 1Ht ~~ DESJUS ~SEJMaS FOIlUSEJYlHf DEPNlTMENt Of f'U8UC~ANI> - 50UD WASTE WARTMan, ~1'IiI! REHeWAt.. OI"Ah AGIEEMeM' IE'TWEllt 'ntf 01V or 'DMM ANtJ.DRC ~SIiR'lI'JCES, u.c. ~ 'M' 1iXEM101\1 'MR.EOFIWM ~ ~~EI'f'fC:1'M ~lE. ,WlBW, by the ~ QlI1Ialned ill ~. No. 2001.oJ&it ~ ana ~ by 1M Oty Courd !lit fle. ~ fA ~ tin ApI 5, *4 the Oly ~ed tile blrl <I. -1lIIlieI'ed hto an ~ 'iWIlI'> ~ 1I'1e. Jor tht prDYi.s'cn d Oebdslot.l~$eM:es; IlIICl .. ~ ORtc ft:. ~to ll$III9n the "l\/I!/d to 0fIC ~ ~.w:, Mlidlbosa9f1l'l!Cl tolUlfM'lll! ~~~~w WlfetPAS, the Oly deems It: In tile best lnlBelt of 1t\c ciIt.m1s.rA the Oty of ~ m Q)~ to Sldl *9/11!l1111\tw WHf.U'AS. I/iIIid ~ ~ ftIt.~ Uflder lbt MIlle~ IJ!ICI ~:. ~ ~ when '"~ ~ to 'ill! I*'IIes. Q h ~ haw. mutuallY lIg'*lCl to iUl:h1llCbenllan. ~PiGJ:1RYil<F/$ij NOW, TKBtEfORf, BE IT IlESOlVEo BY THE' CJ1Y ~CII. 01' ~ ctfY ef'TAItt>~ I\.OlJDAr $don!. Th8l1be ~ d ~ AwlIril. ~~~ ~ eo ~f1''''il..~ ltie Oly d T~ DR<:. ~ 1lI'l(l_~ SllNICII!5, u.~ I CClpfd WNch. ~ lweto"Md IlIe$ a paIt Ill!IIeOt 11:... lIpplWI!d. Secilian 2. TheIt,. ~ io ~ - 2OIl1-OJK. ~ Oi'ld ItCbpIed Jlrf 1he Cfty 0lun0I on Api S. .~ U. otV d ~ Is ~ 1be.1ilWald _ Me ~.~ u.t tor ill! ~ ~_ f*lQll com= It 12.lO1 J.m... Apat S. 2006 itIlLf ~<lIt 12:00 ~APri of. 2Ol1 *'" the iliiIl'Ile ~~ ~ .ll$ lIltbe.CltlQlIlill~ ~ 3. 1batfundJ far~ tOr ad! ~ IIlall b1tcxri~ by ~tiao and ~ lIjXIII ~iIPPl'~$d'fViiCts. . SI/t'fici).... ThlIt.. ~dltle ~ d ~ ts~ ailI1 ~to tllIIQlte,.Itld~ Oly 0erItli) atlllIlstMl \iIIrll( lbe 0lIiciiJI WI dtbe Otyot,.... to" $lllll""~<III ~ d\tle~. SlldlclI'l $.. 'Y'hItthe.pIOplll'CIIII'Qfs of _ Oty d ~ M!~ tD do JII Wngs ~ and. ~.l!t OldIrtoc:any _and mlIlII ~ the ~ dUi$1leSduIloo. \lltlidl ihIIIl1illkt llfIlXt ~ vpoI\ lis IIdoplion. PASSEDNIOADOPTS>. IYTfft.. COY~. . . ..1lC. .. U:?,~ ~ ~ !- =-an-OO\KfL A~~d#"~ an~Cmaa APM(MI)IISTO L.EGItI.SUFAOeHCY BY :JlJS1'IH" ~. ASSlSTAHT mY A.1"1OJWf.Y 968 @ CERTIFICATE BOLDER CERTIF.lCA TE OF INSURANCE NO : 111 NAMED INSURED City of Tampa 306 E. ~ackson Street Suite 2E Tampa, Florida 33602 ORe, Inc., ORe Emergency Serviees, LLC 740 Museum Drive Mobile, AL 36608 . Att: R:ev~n Fry@ ~ .~ CJ NO o NO CI NO o NO r~~ R1~-?74_R~"t; t>o all policica cl;mtllin It Waiver of Subrogftt1on In favor of CertifiC3~ Holder If required by writt~n contl'llc!? Do all policies ex,cept the Work~rs ' CQmpcnsation name the Ccniticllte Holder as Additional IlI$uml if required by WrItten controc!? Do policlc., ptovidc 30 days wrltletl h~ticc of cancellation to CCnlt'lCllte Hol<fer? Is coverage under all ins\.lrance carried by Namcd Insured Primary InSurant!: if ~quired by written COl'ltnlct? -r LIMITS OF t..lAIJll.1TY IN CONFIRMATION lYrE OF JNStIaANCE POLICY POLICY THOUSANDS . OF COVEJUGE NtJMBER PERIOD (000) WORxERs' COMPENSATION Ii XSWC.070343 03/01/2005 WOroceRS COMPENSATION Statutory EMPLOYERS LIABILITY 03/0112008 D NO U. S. Longshoremen's ahd Harbor WorkcT3' EMPLOYERS UA.B1UTy ~ch ACQ\t1ent $ 1.000 Compensation Act Coverage Disease. Policy Limit $ 1,000 o NO Outer Continental Shelf Land Act Disease. Each Employee S 1.000 Cl NO Jonel! Act (including TranspoTllltlon, WlIgr:S, MftintcnWlCe, and Cure), Death on the High MAltlTt~:e SWI,..OYERS Seas Act 8< Genel'al Maritime Law :r..1ASlLITY $-1,000 o NO Voluntary Compensation El'ldonlemcnt o NO Oth~r Stl:Jtcs Insurance D.NO Alternate EmployerlBorrowed Servant Endorsement D NO "In Rem" Endol'Remen! o NO O\llf of MCl\ico Tr:rritorial BJltension CENERAL LIABILITY . XSGL-07299S 03/0112005 Form & Edition Date ISO CO 00 OJ HIllS 03/0112008 General Aggregate Unlimited l'-'l'Qduclft-Comp/OPS Agg. $ 3.000 O.NO Broad FormProJ'erty Damage Liability Personal & A.dvcrti~ing Injury $ 1,000 . inclUding X, C, U Each Occurrence $ 1,000 ag YES o NO Products/Completed Operations Pire Damage S 50 ~YES o NO Contractual Liability (Anyone fire) l2lIYES DNO Sudden and Accidental Pollution LJlIb11l1;y Medical Sl\pcnse $ 5 QlI YES o NO .Occurrenc!: Form (Anyone person) 120 YES tJ NO Personal Injury UlI YES o NO "In Rem" Endorsement mI YES o NO Cross Liablllty /]I YES o NO Wllt~rcraft ellClusion has been modified by the vc.'scl~ endol'llemen! on scheduled ~\Ijpmcnt I . @. . .. .. ~ _~~~~~A~ ~ TYPE OF INSURANCE POLICY NUMBER l'>OJ...ICY PERIOD LIMITs OF UABlLITY IN THOUSANDS (ODD) AvTOMOBlLE LIABILITY :XSAL-01Z793 03/0 I {ZOOS 03/0mOos D NO o NO Cl NO tJ NO o NO Any A\lto All Owned Autos SChcclulccl AUIOS Hired Autos Non-Owned Aul.Qs aodily .Injury &. :Propcrty Damage Combinli:(! $ J,OOO EXCESS LJABTLITY GXS-0418Z5 03/01/2005 03/01/:2.006 &ch Occurrence Awegate $ 4,000 s: .4.000 o NO Excess Form JOB OR :P:ROI~C"T DESCRIPTION SPECIAL CONDI1"lONS BUSINESS AUTO COVERAGE INCLUDES PHYStCAJ". DAMAGE, $250 DED.. PIP $500 DED., ALL OTHER VEHICLES: SPECIFIED PEIULS, $25 OED. Should the insurance herein described be C~J1celled. assigned or chllnlled in such Ii manner ftS to affect this certlticllle..THE..GMV INSVRANCE . COMP,.,.,. will .....,.,... "". lh'''Y' "r.." .>>". "'".. .. "'" .;;oft... "h.,,,,;,,, ~".. ro "" " ."", '_.. ... ,Wi,.,,, " ".blll~ upon THE GRA Y JNSURAN~ COMPANY. d~4fiii2 tHE GRAY lNSURAJ~l.:E U:ANY-- 3601 N. 1-10 Service Road West. MctJJiric. LA 70002 DATE:. 2-27 -06 (0 ~ j / , . ..'.( \"""~"( I ". )'; ~""".,. .,rf.':'l., , .I :;i}.~ j .:;J-'i/' d.CJDJ-D~ !JRL- oO-C!fJ- 1\\ / AGREEMENT THIS AGREEMENT made and entered into at Tampa, Florida, this ~day ofct?n'/ ,2001, A.D. by and between the CITY OF TAMPA, a municipal corporation organized and existing under the Laws. of the State of Florida, hereinafter referred to as "City", whose address is the Municip1:l1 Office Building being at 306 E. Jackson Street, 2E, Tampa, FL 33602 and DRC, Inc., hereinafter referred to as "Contractor", whose address is 740 Museum Drive, Mobile, Alabama 36608. In consideration of the mutual stipulations, . agreements, and covenants herein contained, the parties hereto have agreed and hereby agree with each other or their executors, administrators, heirs or successors, and assigns, as follows: FIRS"(: Contractor shall at its own cost and expense furnish the services described below and all material, equipment, tools, and labor of .very description necessary for and to cony out In good, firm, substantial and workmanlike mariner the follOWing work as specified in the Contract Documents consisting of this Agreement and: (X) Addendum (X) Bidders Affirmation & General Conditions (X) Insurance Requirements (X) Specifications (X) Proposal #71060500, Debris Management .eX) Bid Security )~. SECOND: . Upon the faithful performance of this Contract work by Contractor, City shali pay Contractor for work performed and iabor furnished at the prices set-forth in Contractor's executed Proposal. ~ THIRD: Contractor shall abide by, comply with, duiy perform, and be bound by each and every one of tf1e terms, proviSions, conditions, and agreements contained in the Contract Documents. .... ...... . FOURTH: Contractor shall not ~nsfer or assign this Contract without the previous written approval of City; and, during the progress of the work, Contractor shall comply with applicable Federal and State laws, and County and. City ordinances and will hold the City harmless from any and all liabilities, damages, or costs arising out of any claim SUstained by reason of eerault or neglect of Contractor. FIFTH: Contractor shall commence the work and shall faithfully prosecute said work to its full completion within the number of days set.forth in the Proposal. SIXTH: '" City shall have the right to determine all questions as to the performance, completion, and other matters set out in the Contract Documents. . @J 1 of 2 I 1 . .! .' '\1 I.. ,. ATTEST ~A~ C~~~ APPROVWl~. f~~~~~. DEPUTY CITY CLEit', - De4~ BY William S. Vogel ,..t:i.ATlEST: .BY Type or Print (SW)S~ ~ Robe~t J. Isakson Managing Director / Secretary TITlE: Vice President (Pres., V~Pres., Par)c1er, Owner) Corporation (v1 Partnership ( ) Individual () Incorporated in the State of South Carolina If business is individually owned, you must sign before two (2) witnesses: WITNESS: WITNESS: , If doing business under a fictitious name, you must submit a copy of your Certificate of Registration and a copy ofthe Legal Notice which appeared in a newspaper. . .~ 1 OF 2 @ ~Q:lASING/~si}j/IS/SS ---..... .... RESOLUTION NO. 2001. ~ A RESOLUTION APPROVING AN AGREEMENT BETWEEN ' THE CITY OF TAMPA AND DRC, INC. FOR THE PROVISION OF DEBRIS MANAGEMENT FOR THE USE OF THE DEPARTMENT OF PUBUC' WORKS; AL/THORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; PROVIDINl;i AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNOl OF THE CITY OF TAMPA, FLORIDA: Section 1. That the Agreement between the City of Tampa and DRC, Inc., a copy of which is attached hereto and made a part hereOf is hereby approved. The Agreement shan be for a five-year period from the effeCtive date of the awarding or aPProving Resolution, and may, by mutual agreement, be renewed at the same terms and conditions for one additional five-year period. Section 2. That the Mayor of the City of Tampa is authorized and empowered to execute, and the Oty Clerk to attest and affix the ofIidal Seal of the Oty to, said Agreement on p.half of the Oty. . , ~ection 3. That other proper officers of the Oty of Tampa are hereby authorized to do all things neressary and proper in order to "'ny out the terms and conditions or this Resolution which shall take effect immediately ~pon its adoption. ' , LORIDA, ON APR 0, ~ 2(J{}1 A~J " . .~~, cm LERK , APPROVED /!S TO FORM: , .-. ~j .-.--- . -' -''/'t"-' . (' / I \ I SAMUEL S: H \. ASSISTANT '\-..... , A I .'., I J, J'" \ .. ." -:f--J... __'~ ...,/ ',/ '...i '---. , 68 :f..... @ .~. ~ ~-... I .. .:. . '!':, !.~ 1. ::':, L:.j PROPOSAL FOR DISASTER RECOVERY SERVICES (#71060500) SCOPE OF SERVICES O~""E -ltEBRIS MANAGEMENT It is the intent of this Proposal for the CONTRACTOR to remove as quickly as possible all hazards to life and property reo-ulting from the Event in the City of Tampa. Clean tip, demolition and removal "9.ri!l be ~k order (notice-to-proceed) specific and limited to eligible debris. Eligible debps s...tuUI be defined by the CITY as (1) that which is determined to eliminate immediate threats to life. public health, and safety; (2) that which has been determined to eliminate immediate threats of significant damage to improved public or private property, and; (3) that which is considered essential to ensure economic TecoVery of the affected community to the benefit of the conllimnity-at-large. Specifically the Scope of Services will include the items listed in Attachment 1 and priced in Attachment 2. 3 and 4 of this Agreement under the corresponding headings. SCOPE OF SERVICES TWO - TECHNICAL DISASTER RECOVERY ASSISTANCE It is the intent of this Proposal for the CONTRACTOR to provide disaster recovery technical assistance to appointed and elected officials within the CITY. . This service shall include Program and Project Managemerit Assistance. Specifically the Scope of Services Will include the items listed in Attachment 1 and priced in Attachinent 20fthis Proposal under the corresponding headings. SERVICES AJ.'ID FA Cll.JTIES .It is understood that, except as otherwise Specifically stated in this Proposal and At'-c.achments to this Proposal, the CONTRACTOR shall'provide and pay for all labor, tools, equipmen1;, transportation, supervision, arid all other services .and faciliti_e~o.f.~ ~atuie :whatsoever necessary to e..'lCecute, complete and deliver the. services. within the time specified in the Notice-. To-Proceed as agreed upon by both parties. All noticeS:-to-proceed involving a time-and- materials portion of the Proposal shall have a not-to-exceedamount placed within them as agreed upon by both parties. PERMITS AND LICENSES Permits and licenses of a tempo.rary nature nece~ary for the prosecution of the Services shall be secured and paid for by the CONTR.A.CTOR with the assistance of the CITY, utJess otherwise stated in this Proposal The CONTRACTOR shall not be held responsible to secure permits and/or licenses which the requirements for same have or will be waived due to. a declaration of an emergency or disaster. SUPERVISION BY CONTRACTOR Under the genera! oversight of the CITY, the CONTRACTOR will supervise and direct all work. workers and equipment. The CONTRACTOR is. solely responsible for'L'\e means. methods, Page 3 @ techniques. sequences, safety program and procedures utilized. The CONTRACTOR will employ and maintain on the work site a qUalified supervisor(s) who shall have full authority to act on behalf of the CONTRACTOR and all communications. given to the supervisor in writing by the ClTI"s Authorized lS.epr:esentative shall be as binding as if given to the CONTRACTOR The name(s) ofllie supervisor(s)will besuppIied to the CITY for each issuance ofa Notice-To- Proceed through an attachment to the Agreement resulting from this Proposal in the form of a Memorandum for the Record. CHAN'GES 1N SERVICES The CITY may at any time, as the need arises. order changes within the scope of services without invalidating this PropoSal AIl services related to disaster recovery shall be deemed as germane to the intent of the Proposal. The CITY and the CONTRACTOR shall authorize all changes affecting the project's costs or modifications of the terms or conditions of the Agreement resulting :from this Proposal by means of an official written Contract Change Order that is mutually agreed upon and signed by both parties. All changes must be recorded on a ' written Contract Change Order before CONTRACTOR may proceed with the changes to the Services provided. TE~I OF AGREEMENT .;' The term of the Agreement resulting from this Proposal shall be for five consecutive years beginning on the date of acceptance by and signatures of the CITY and CONTRACTOR, whichever crimes later. . RENEW AL OF AGREE1\'IENT The Agreement resulting frOm this ProPOs?l shall be renewabl~ ,~~ :the initial term on an additional term equal to the first unless either party gives written rioticeofte'rriiiriation 90'days prior to the end of the initial term. Any negotiated changes to the terms and specifications contained in the Agreement resulting :from this Proposal shall become part of the Agreement after a concurrence and signature of both parties. Attachment 2. 3 and 4 (and any other price schedules subsequently attached) to this Proposal shall be reviewed on an annual basis at which time amended unit costs shall be submitted by CONTRACTOR to CITY to reflect the current costs attached plus an increase in costs equal to the current Consumer Price Index (CPI) plus two and one-half percent [C == Current Price; CPI = Consumer Price Index; I = Increase in price (i.'e.: CxCPlx2.5%=I; C + I = New Price). ' TERMINATION 'i I Either party upon 365 days written notice to the other party may terminate the Agreement resulting from this Proposal Should either party have reasonable grounds to believe that the' other party has materially breached the terms of the Agreement resulting from.this ProposaL the non-breaching party may deliver written notice to the other p~ itemizing, with specificity. ~ Page~ each .alleged breach. Should the said party fail to begin to substanc.'ially repair said breach within ten (10) days of said Wl;itten notice, the non-breaching party may declare the contract terminated. INSURANCE AND BONDS CONTRACTOR shall name the CITY as additional insured on CONTRACTOR's insurance policies. CONTRACtOR shall maintain the following insurance limits: Worker's Compensation - Statutory LiriUts of the. State of Florida; General Liability - One Million Dollars ($1,000,000.00) any single occurrence; Additional Liability Umbrella- Five Million Donars ($5,000,000.00) CONTRACTORsha11 provide the CITY a Certificate of Insurance evidencing such coverage. , At the CIl'Ts option the CONTRACTOR will furnish a performance and payment bond for any and/or all Notices- To-Proceed., The cost of said bond premium will not be, an additional cost to the CITY. ' CERTIFICATES OF INSUPuWCE :';- Required insurance shall be documented in certificates of insurance, which provide that the CITY shall be notified at least thirty (30) days in advance of ca:ncellation,DOn-ren~ or adverse change. New certificates of insurance are to'be provided to the cm at least fifteen (15) days prior to coverage renewals. Receipt of Certificates or other documentation of insurance or policies or copies of policies by the CITY or by any of its representatives, which indicate less coverage than isrequired, does not constitute a waiver of CONTRACTOR's obligation to fu1fii1 .the insurance requirements herein. . WARRANTY OF TITLE AND WAIVER OF LIEN The CONTRACTOR shall not at any time suffer or pennit any lien, attachment, or any other encumbrance under the laws of the State of Florida or otherwise by any person or persons whomsoever to remain on file with the CITY against any money due or to become dUe for any work: done or materials furnished under this. Proposal or by any reason or claim or demand against CONTRACTOR Such lien, attachment, or encumbrance, until it is removed; shall preclude any and all claims or demands for any payment by virtue of this Proposal. SUBCONTRACI1NG The CONTRACTOR shall befuliy responsible to 'CITY for the acts and omissions for its subcontractors and of persons directly or indirectly employed by them, as the CONTRACTOR is for the acts and omissions of persons employed by it. } Page 5 @ J The CONlRACTOR shall cause appropriate provisions to be inserted in all subcontracts relative to the services and give the CONTRACTOR the same powers regarding terminating any subcontract that the CITY may.exercise over the CONTRACTOR under any provisions oftms Proposal. Nothing contained in this Proposal sball create any contractual relationship between any subcontractor and the CITY. The CONTRACTOR shall supply the names and addresses .of subcontractors and materials suppliers when requested to da so by the em upon activation of the Agreement resulting from this PropOsal and updated by the CONTRACTOR tD the CITY on a biweekly basis during said activatian. The CONTRACTOR shall nat use a subcon.t:ractor Dr material supplier whom the CITY has a reasDnable objectiDn to, and shall.make all reasonable attempts to subcontract with IDcal firms curi-ent1y . daing business within the CITY. CITY OBLIGATIONS The CITY shall furnish all infDrmatian and dacuments necessary far the commencement .of services, ta include valid written Notices t.o Proceed. The CITY shall also provide field inspectors .of a sufficient quantity, as defined by CONTRACTOR, to facilitate qualitative and quantitative documentation .of the serVices. A representative will be designated by the CITY t.o be the Primary Paint of CDntact for any interpretatiDns and/.or negatiatiDns n:lated to this Preposal .or resulting Agreement and for answering any on~site questiDns after activati.on .of the Agreement via a Notice-To-Proceed. This pers.on shall be the Director .of the Department of Public Works. ARBITRATION The parties heretD agree that all disputes. claimS .or controversies of any kind or nature arising between the parties .or arising from Dr relating t.o this cOntract or the relationships which result from this contract, including but not limited to, all controversies n:lating te the existence, construction, performance, enforcement .or breach .of the contract, Dr tort claims shall be fully and finally resolved by binding arbitration. WItheut limitation, the arbitratien previsiDn shall apply to any third party whose liability is contingent on the liabilitY of any party hereto, . including but n.ot limited to, bonding companies. It being the intent .of the parties that. this provisian shall apply to all controversies to the fullest extent. The parties specifically waive any . rights to commence any action ather than arbitration. . Any party desiring to initiate arbitration shall do so by making written demai1d therefere on the other. Said demand shall contain a statement setting farth the nature of the dispute, the remedy sought and shall designate the m'. of the arbitra1ar. The r~ponding party shall file a response within fifteen (15) da:ys settin" any counterclaim and naming an arbitrator. The two designated arbitratars shall choosr arbitrator. In all ether respects, the parties and arbitrators shall be guided by the rulp procedures of the Construction Rules .of the American Arbitration Associat~en. P @ Page 6 rendered by the arbitrators may be entered in any court having jurisdiction thereof. The arbitration shall take place in Hillsborough County, Florida and the laws of the State ofF1orida shall apply. Furthermor€; in all events. no pa.-ty shall be liable for indirect. special, consequential or punitive damages. . ENTIRE AGREEME.t~T The Agreement resulting from this Proposal and Attachments referred to therein. contain the entire Agreement of the parties, and there are no other binding promises or conditions in any other Agreement whether oral or written. Page 7 @) , , I . PROPOSAL FOR DISASTER RECOVERY SERVlCE-S Attschment 1 The fonowing is a listing of setYices and/or tasks to be provided by CONTR.I\CTOR to CITY upon receipt by CO~lRACTOR of a Notice to Proceed aml!or a scope sp~Jic task order: SCOPES OF SERVICE DEBRIS REMOVAL Emergency Road Oearance The CONTRACTOR shall accomplish the cutting, tossing andlor pushing of debris from the primary transportation ro~es as identified by and directed by the CITY. This operational aspect of the scope of services shall be for the first 70 (plus or minus) hours after 'aD. Event. Once this task is accomplished, or is sufficiently underway, the following tasks may begin as required. ' . , Debris Removal from Public Rights-of-Way As identified by and directed by the ClTY;the CONTRACTOR shall accomplish the, pick-up and hauling of all eligible debris to the designated Temporazy Debris Staging and Reduction Sites (TDSRS's) from public rights-of-way, and shall maintain debJjs work sites to appropriate use standards, safety standard8:, and regulatory requirements. Demolition of Structures, Debris Removal from Private Property (Right-of Entry Program) mid Publicly OwBed Property (other than Rights-of-Way) . Should an imminent threat to life, safety and health to the general public be present on private property or publicly oWned property, as'lefQell~ above, the CONTRACTOR as identified by and directed by the CITY, will accomplish the demolition ofstI:Q,ctures,and$e~emo~ and, " , relocation of the d~ris to the public rights-of-way. This service shall commenc.e upon receipt by CONTRACTOR from the CITY the completed right of entry forms, hold 4armless agreements, the non-duplication of benefits agreements, an address specific task order, and the phYSIcal marking of each structure by the CITY. The CONTRACTOR will place all debris collected through this proCess in the public rights-of-way, where the above scope of services' (Debris , Removal from Public Rights-ofWay) shall commence. The CITY feels that it is in the best interest of the health and safety of its citizens to provide tb.is service.' The CONTRACTOR shall maintain debris' work sites to appropriate use standards, safety standards, and regulatory . requirements. @J Page 8 , ,I" Hazardous Stumps (Removal, Back-fill, Hau!) As identified and directed by the CITY, the CONTRACTOR .shall remove allluizardous stumps, as identified by the CITY, and ~aul each stump to a TDSRS. .Each stump shall be inspected by the CITY and C<;)NTRACTOR inspectors mid documented as to the appropriate category of size for inv()icing (see Attachmen.t 2 for size categories and priCes). The CONTRACTOR shall back- fill each stump hole with compatible material as determined by the CITY and CONTRACTOR Leaning Trees I Hanging Limbs (Trimming, cutting, felling) As directed by the OTY, the CONTRACTOR shall trim, cut andlorfell allle'aning treesandlor hanging limbs, as identified by the CITY. Each tree and limb shall then be placed in the right-of- way where the debris resulting from this scope of services shall be removed utilizing. the scope of services above. Pricing for this scope of services is located in Attachment 3 to this Agreement. Temporary Debris Staging aJid Reduction Sites (lDSRS) The CONTRACTOR will operate and manage the IDSRS's to accept and process all event debris. Any site preparation, to include but not limited to any site work and materials nec~sary to build and maintain roads for ingress or egress, or any roads throughout the site; the construction of a roofed inspection tower sufficient for a minimum of three (3) inspectors; any envirpnmental requirements to include but not limited to wind-born debris control fencing, silt . fencing. or water retention berms; the construction of an area for an office trailer and parking; and any other items necessary for site operations and management shall be negotiated upon . issuance of a Dotice-to-pro~by the CITY. . The inspection of every load, iri and o~ is further defined in the.documentation section below. All debris will be processed in accordance with alllocaI, 'state and federal rules7 standards, and regglations- :processing may includt; but is not be limited to, reduction by tub grinding, incineration when" approv~ or other alternate methods of redl,lcti.on such as compaction.. Prior to . reductio~ all debris will be segregated between vegetative debris, construction and demolitibn debris (C&D), recyclable debris. white goods and hazardous wastes. All reduced debris as well as non-reducible debris will be disposed of at a location{ 5) agreed to by both parties_ The CITY shall maintain o\vllership of and act as responsible party for all debris under this Agreement. TDSRS Site Reclamation Site reclamation shall be accomplished in accordance with all Federa4 State and Local laws, ~andards and regU1atioils~ Site reclamation shall be accomplished in accordance with the. COl'fTRACTOR's Debris Management Plan and ElrvironmentaI Protection Plan. The lDSRS will be restored to its Pre-Use Condition. Associated costs for site reclamation shall be negotiated and agreed .upon by both parties. . Page 9 (~ Disaster Event Generated Hazardous Wastes Abatement CONTRACTOR shall abate all.hazardous waste identified by-the CITY in accordance with all applicable Federal, State and LoCal laws" standards and regulations to include but not limited to 29 CFR 1910.120" 40 CFR 311 and 49 CFR 100-199; Hazardous waste abatement shall be accomplished in accordance with the CONTRACTOR's Debris Management Plan and E?wfroninentaI Protection Plan. Prices for this Service included in this agreement as Attachment . 4. Sand Screenint! . . ; The CONTRACTOR shall screen all san~ as directed by the CITY~ to remove all eligible debris deposited .by an Event. This task includes the pick-up of debris laden san~ hauling debris laden Sand to the processing screen located on the beach" processing the debris laden sand through the screen and returning clean sand to the approximate original location on the beach as qirected by the CITY. Debris removed from sand.will be picked-up" hauled and processed utilizing the scope of services located above for Debris Removal from Public Rights-of-Way. DocumentatioJl and Inspeetions All storm debris shall be subject to inspection by the CTIY or any Public Authority in acCordance with generally accepted standards to insure compliance with the contract and applicable local" state and Federal laws. The CONTRACTOR will, at aU times. provide the ~ITY access to all work sites and disposal areas. In addition, authorized representatives and agents of any participating Federal or state agency shall be permitted to inspect all work and ~materia1s. . The CONTRACTOR and the CITY will have in place at the TDSRS's, personnel to verify the contents and cubic yards of the vehic~es entering the lDSRS's. Records will be maintained of every vehicle entering the TDSRS, itscubjc.Yar~"ee~dv.~cati~!-~ v~~c]e leaving the IDSRS to ensure that it is in fact empty. The CONTRACTOR and the CiTY will monitor-the material to determine that it in fact consists of eligible debris. The CONTRACTOR and the CITY will have in place at the pick up site, personnel to verify the contents, location, date and time of the vehicles departing for the TDSRS. Prior to use the CONTRACTOR aild the CITY will establish and record the certified cubic yard capacity and will inspect each haul truck. The CONTRACTOR Will include and provide disposal tickets, field inspection reports, and other data sufficient to provide substantiation for Federal (FEMA, etc.) and State reimbursement, if applicable. The CONTRACTOR will assist the CITY in preparation ofFederal(FEMA) and State reports for any potential reimbursement through the training of CITY employees and the review of documentation prior to submittal. The CONTRACTOR will work closely with the Florida Division of Emergency ~Ianagement. FEMA and other applicable State and Federal Agencies to insure that eligible debris collection and data documenting same appropriately addresses concerns of the likely reimbursement agencies. @ Page 10 , I, I ( Priority of Work Areas The CTIY will establish the priority of and shall approve the work area in advance, which the CONTRACTOR will be aIlow~ to work. Daily and/or weekly scheduled meetings will be held to determine approved work areas. The CONTRACTOR shall remove all eligible debris and leave the site from which the eligible debris was r~oved in a clean and neat condition with the understanding that therewilI be certain debris that is not picked up by equipmen~ machinery and g~erallaborers used by the CONTRACTOR Determination of when a site is in a clean mid neat condition .will be at the reasonable judgment of the CITY. Workin2 Hours All activity associated with gathering and loadi,ng of eligJ.ole debris shall be perfon:ned during visible daylight hours only. Hauling of eligIole debris to the TDSRS's will be allowed during visibledayligbt hours omy between dawn and dusk. The CONTRACfOR may work during . these hours seven (1) days per week including holidays. It is understood between the parties that at the IDSRS's, debris reduction may take place twenty-four (24) hours, seven (7) days per week if the CONTRACTOR deems it necessary and safe. CONTRACTOR shall 00 responsible for obtaining sites to stage equipment, such as trucks, wbilenot in use. Debris Disposal The CONTRACTOR shall dispose of all debris, reduced debri~ ash residue and other products of the debris management process in accordance with all-applicable Federal, State and local laws, standards and regUlations. Final disposal locations. sl;1all be at the discretion of the CONTRACTOR with prior acceptance of the CITY. Information regarding the location of final ~ diSposal shall be attached to this Agreement in the form of a Memorandum for the Record.. The CONTRACTOR and QTY inspector assigned to the dispoSal process shall maintain disposal records and.documentation. Docu:ri1entation shall be quantified in Cubic Yards. . ., '.. ~. . .. " . White Goods The CONTRACTOR may expectto encounter white goods available for disposal. White goods will constitute household. appliances as defined in the Florida Administrative Code. The . CONTRACTOR shall dispose of all white goods encountered in accordance with applicable Federal,. State and local laws. Any.white goods that may contain Freon, such as refrigeratb~ freeiers, or air conditioners, shall have the Freon removed by the CONTRACTOR in accordance to applicable regulatory requirements. The costs associated with Freon removal are located in Attachment 4 of this . Agreement. There is no additional payment made for handling of white goods, as this cost of work is included in the cubic yard unit price for debris removal Page 11 ~. ~ 1 I' ~. "< TECHNlC.AL DISASTER RECOVERY ASSISTANCE ITEM I: PROGRAM :MA..~AGElV.lENT ASSISTANCE SEE NOTE (1) 1. PUBLIC ASSIST.AJ.~CE PROGRAM .. a) Damage Survey Report mSR) or Proiect Worlcsbeet (PW) il Official DSRlPW requests - Assist CITY peISOImel in the following: a) Identification of expenditures eligIble for reimbursement b) Submission of official "request for DSRinspection" i1). Local goveniment rep~on on DSRIPW team. - Tmin and assist CITY personnel to accomplish tlte following: a) Identification of eligible items for reimbursement b) Review of DSRlPW for accurate scope Ofwod<: c) Review of DSRJPW for accurate unit costs ill) Recovery process docmnentation - Assist CITY personnel in the following: a) . Creation ofrecowryprocess documentation plan b) Maintenance of documentation of recovery process iv) Force account labor vs. CODtract labor a) Recommendations to government officials on need to contract or utilize force account labor v) . Recovery process ovexsigbt a) Recommendation 10 government officials on need to contract ror project management for projects requiring intense oversight b) DSRlPW tmcldng through State and Federal process c) Written and oral status reports to goveinment officials b) Documentation SUPpOrt i) Review of records system for appIicabilityto Federal and State reqniremEllt"l.S i1) Orientatioil and tmioing of DepartmentlDivision Heads. on requirements for quality aIJd ~ of required dOCUIl1elItation . . iii) Assist in selecticn of"Clerk of Records" and provide detailedt:riUning for documentation iv) Review documentation :fur accuracy and qUantity v} Assist in preparation of claim documentWon. c) Consultation and negotiation services i) :Recommendations to government officials on plans of action ix) Provide guidance to government officials on issues involving Federal and State reimbursement ill) Assist CITY officials in negotiations with Federal and State officials d) Other representations as may be requested I required NOTE (1): llis is the concept of complete recovery management support where COlvTRACTOR would assist an applicant on all aspects of the recovery process. CONTRACTORper$onnel cannot assllme the Sovereign Duties of the CITY officials; therefore these services 'shall be in the fOrm of guidance and consultation.. @ Page 12 t. ' I i ~:' PROJECT lVIANAGEMENT ASSISTANCE SEE NO,TE (2) Define and/or review project scope of work Assist government body in. writing <'request for proposals" Review proposaIslbids Provide recommendations for award of contract Define and/or review cantract items Ensure quality work through inspections and management technique a) Oversee project for compllimcewith scope of work b) Design methods to maintain documentation to verifY consistency with scope ofwork and FEMA eligt'bility . . . c) Support the requests fur payment to ensure compliance with. contract terms d) Develop progress reports for 80vemment officials . e) Verify completion of scope of work task items for contract close-out f} Produce final inspection report for use in close-out audit for reimbursement by FEMA Examples ofprojects . . a) Debris removal and disposal b) Demolition and disposal ofpublic and/or private property c) Coostro.ction of emergency protective measures i) Berms ii) Dikes ill) . Levees iv) Dams d) . . Force account labor andlor contract projects . e) Reconst.ructioo and/or repair of i) Airports and fu~ities it) Water, waste water and industrial waste treatment plants ill) Hospitals. schools and office bUildings . iv) PO'\\'el Plants v) ffighWaY aDd r.illway tminels vi) Pumping stations viI) Incinerators and/or composters viiI) W cdr;t'& uuL and/or marine terminal facilities . ix) Industrial buildings. ~es, garages, hangars and comparable structures xi Highway and railway bridges Xl) R.oads and streets :xiI) Conventional levees, flood walls and letaining walls xiii) Small datns . xiv) . Storm sewers and drains xv) Sanitary sewers XVI) Water distribution lines xviI) Irrigation walks NOTE (2): This is the com:;ept of complete project management support where DRC, Inc. would represent an applicant in all aspects of a particular project, where DRC, Inc. is not the contractor physically performing the service, to include management of force accoimt labor, contract and contractor. ITEl\'1 n: 1. 2. ... -'. 4. 5: 6. 7. Page 13 @ .., J I t . PROPOSAL FOR DISASTER RECOVERY SERVICES Attachment 2 The following is a listing. of co$ts for technical services and/of tasks to b~ provi4ed by CONTRACTOR to CITY upon iSsuance to the CONTRACTOR of a Notice to Proceed. Costs denoted by an hourly dollar amount represent an hourly rate for personnel andlor equipment services. Costs denoted by a Unit price denote the cost per Cubic Yard or cost per Ton to provide $e appropriate services of debris removal. '. . Costs/pricing located in the .A ttacl1ments .of this Agreement may be revieWed on an annual basis, at which time, amended unit costs may be submitted by CONTRACTOR to CITY to reflect the current disaster recovery market value of Services listed in Attachment I and priced in Attachment 2.3 and 4 of this Agreement. Such amendments shall become part of this Agreement after a concurrence and signature of both parties. CONTRACTOR INVOIClNG The CONTRACTOR may invoice the CITY not more than once every fifteen (15) Days. Fifteen (15) days after beginning work and/or providing services described in a Notice to ~ the CONTRACTOR shall submit the first payment request to the CITY. The payment request shall be filled out and signed by the CONTRACTOR covering the work: per:formed during the period covered by the payment request and supported by such data as the CITY may reasonably require: The tITY sh~within five (5) working days of receiving such payment . request, finalize review of docuinentation and make any requests to CONTRACTOR for . clarification of disputed items. . CTIY shall make payment to CONTRACTORwithin thirty (30) days of receipt of such payment request of all dollars invoiced. that are disputed as stated above. . CONTRACTOR. will be subject to audit by Federal, state and local agencies pursuant to this Contract. The invoice must contain the rollowing items as applicable to individlliU task orders: COSTS FOR SCOPES OF SERVICES Measurement and Payment for Gathering9 Pick-up, and Hauling to TDSRS; ~sing of Debris from Publk Rights-of-Way; Hauling of Debris from TDSRS to Final Disposal Site The CONTRACTOR will not be compensated fur disposing of any material not defined as' eligible debris. The CONfRACTOR and CITY will inspect each load to verify the contents are in accordance liYith the accepted definition of eligible debris. If any load is determined to contain material that does not conform to the definition of eligible debris, the load will be ordered to be deposited at another land:fiIl or receiving facility and no payment will be allowed for that1oad, and the CON1RACTOR will not invoice the CITY for such loads. For each suitable load picked up. hauled, processed, a.record of the cubic yards will be recorded by the CONTRACTOR and CITY on numbered tickets supplied by the CONTRACTOR Copies of each load record will be avililabie to the COJl..i"fRACTOR and the CITY's designee on site. Each invoice shall contain verification of each cubic yardage load ticket and also contain a summary sheet indicating, by @ Pagel4- r ' r i day, the individual verified load receipt and invoice amounts. The em may temporarily remove any disputed amount line items in the biB from the invoice for review. Disposal tickets disputed will be returned to the CONTRACTOR, within five{5) working days of invoice date, for additional clarification priOJ: to payment of'those tickets. The CONTRACTOR shall receive: TIrirt~ Dollars and 25/1 00 ($13.25) per cubic yard, up to a fifteen (15) mile one-way haul; FIfteen Dollars and 0011 00 ($15.00) per cubic yard. for a fifteen to thirty (15 - 30) mile one-way hau1; Si'rteen Dollars and 951100 ($16.95) per cubic yard, for a thirty.to forty-five (30 -45) mile o~e-way haul; Nmteen Dollars and 751100 ($19.75) per cubic yard, for a forty-five to sixty (45 _ 60) mile one-way haul; for the material from public rights-of-way that is gathered, picked up, hauled to a TDSRS by the CONTRACTOR CONTRACTOR shall receive Eight Dollars and 251100 ($8.25) per cubic yard for the processing of all debris at a TDSRS. CONTRACTOR shall receive: EigbtDollars and 751100 ($8.75) per cubic yard for each load hauled up to a fifteen (15) mile one-way haul; Ten Dollars and 95/100 ($10.95) per cubic yard, for a fifteen to thirty (15 - 30) mile one-way haul; Twelve Dollars and 201100 ($12.20) per cubic yard, for'athirtyto forty-five (30 - 45) mile one-way haul; Fourteen Dollars and 35/1 00 ($14.35) per cubic yard, for a forty:.tive to sixty (45 - 60) mile one-way haul; from the IDSRS to the :final disposal site as designated by the CITY. Disposal costs (Yipping Fees) shall be the responsibility of the CITY. Measurement and Payment for Emen!encv Road Duranc.e. Demolition of Stnll':tnr~ Debris Removal frem Private Propem (Ri2:bt-ofEntrv Prouam) Limbs and Publicly Owned Prooertvlotber.than Ri~htS-of-Wav) and Cuttin2. Trimmin2! and/or Fellin2 of Leanin2' Trees I Han2in2 Limbs .( Measurement of these services utilizing other than an hourly rate is difficult at best and would potentially lend itself to unnecessary disputes. Therefore, the CITY and the CONTRACTOR agree that the CONTRACTOR shall invoice the CITY utilizing the ~ourly rates listed in .Attacl1mp.nt 3 to this Agreement. A not-to-exceed amount shall be placed upon any specific work: performoo at an hourly rate at time of issuance of a Notice-to-Proceed by the CITY to the CONTRA'CTOR as agr~ ~pon by both parties. . The CITY and the CONTRACTOR shall have inspectors in the field with each work: crew to monitor, record, and sign time sheets for the actual times worked for each piece ot equipment and crew-member present at a particular .work site. These signed records shall be the basis for the CONTRACTOR's invoice to the CITY. . Hazardous StnmDs (Removal. Back-mI. Haul to TDSRS) The removal and hauling ofbazardous stumps is a unique process requiring specialized equipment. As such, this process requires a unique documentation and costing. Each stump will be measured by the CITY and CONTRACTOR inspector assigned, three (3) feet above normal ground level, to determine the diameter of the trunk. Once the diameter is es*..ablished, the stump will be physically numbered by the best means available, photo documented by the CITY and recorded by the inspectors on a specific re--..ord provided by the CONTRACTOR The CONTRAcrOR shall invoice the CITY for hazardous stump removal and hauling to the TDSRS utilizing the following categories: Page 15 ~ Up to but less 6 inch diameter - 6 inch diameter and up, but less than 12 inches _ 12 inch diameter and up, but l~s than 24 inches _ 24 inch diameter and up~ but less than 48 inches _ Equal to or greater than 48 inch dia..neter-. . S 250.00 per stump So 500.00 per Stump Sl~OOO.OO per stump S45oo.00 per stump S2,ooo.oo per stump 'J1te CONTRACTOR shall invoice the CITY, an amount to be negotiated at time of need, per cubic yard for acqUiring, hauling and placing clean back-fill material in holes left by hazardous stumps. Sand Scnenin; . . . . The CONTRACTOR shall invoice the CITY Nine Dollars and 751100 ($9.75) per cubic yard of sand screened, to remove eligible debris deposited by an Event. 'This cost includes pick:-up of debris laden sand, hauling to the processing screen located on the beach, processing the sand through the screen and returning clean sand to the beach as directed by the CITY. Debris removed from sand will be picked-upj hauled and prOcessed nbli7.ing the costsJocated above for Debris Removal :6:om Public Property. . TECHNICAL DISASTER RECOVERY ASSISTANCE ITEM I: PROGRil'I MANAGEMENT ASSISTANCE All costs assOciated with this service dwing disaster activations are included in the. costs listed above. There will be no additional cost for this service. y ITEM ll: PROJECf MANAGE.l\:IENT ASSISTANCE . DRC~ Inc. will provide Project Matiagement Assistance as defined in scope and enumerated within Attacbnient 1 of this Agreement atthe folloWing costs: . Rate S150.00 S120.oo $95.00 $15.00 $65.00 $55.00 Teleconferencing shall be invoiced at a minimum one (1) h01.lTand subsequent hours. As-Needed-On-.Sight-Consultation shall be billed at a minimum 4 hours for a single twenty-four (24) hour trip to the CITY. I @ Page 16 . . :' i T emporary-Full- TIme-On-Sight-Consultation requiring an overnight stay, where DRC personnel are ur.available for deployment to other DRC clients~ will be billed at a rate of a minimum of eight (8) hours per day. Should the CITY determine that Satarday's or Sunday's be consider-ed a ~day-off' and the following l',dQnday is a "work-day", DRC personnel will not be billed at the hourly rate for that day, but wm bill for Ol..'lt-of-pocket costs (see below). Should the CITY determine that Saturday and Sunday are both a cCday-off' and the following Monday is a "work- day", then DRC shall invoice for personnel at four (4) hours total for both days, per person, as ~d-by time over these days. All Out-of-pocket Costs shall be invoiced to the CITY at actual cost. Out-o~pock:et costs include, b1.1t are not limited to: lodging, rental vehicle, airfare, per-diem and/or actuaIsubsistence dependent upon person, normal office supplies ~ required, etc. Page 17 @ ,'. .; ca ADDENDUM TO DEBRIS MANAGEMENT AGREEMENT 1. MINIMUM LEVEL OF SERVICE. The Contractor shall provide the City of Tainpa multiple estimated minimum level of service commitmentS at the time of a "Declared Emergency" by the City. These multiple commitments shall include, but shall not be limited to, mobilization schedules, estimated number of calendar days for completion and resource designations. The multiple commitments shall also be commensurate with the required minimum level of service for varying degrees of severity of the event The determination as to which minimum level of service commitment is implemented shall be the responsibility of the City. This shall be based on the actual severity and impact of the event 2. PERFORMANCE REMEDY NOTIFICATION. Failure of the Contractor to meet the minimum level of service commitments, onCe debris management services commence, shall result in the issuance of a Performance Remedy Notification from the City to the Contractor. Once this date and time stamped notification is issued, the Contractor shall have a twenty-four (24) hour period in which to respond (in writing) and take corrective action. Failure to do so may result in the assessment of liquidated damages against the Contractor or its Surety. 3; LIQUIDATED DAMAGES. It is mutually agreed between the parties that time is of the essence in this Contract It is also mutually agreed that there will be, on the part of the City, considerable monetary damage in the event the Contractor sborild fail to meet the minimum level of service commitment agreed upon. The amounts hereby established of liquidated damages for, each and every calendar day fonowing the twenty-four (24) hour response period that corrective action is not taken following a Performance Remedy Notification from the City to the Contractor are as follows: EVENT CATEGORY LIQUIDATED DAMAGES PER DAY $ 5,000.00 $ 7,500.00 $10,000.00 $25,000.00 $50,000.00 Category 1 Category 2 Category 3 Category 4 Category 5 These amounts shall in no event be considered a penalty or otherwise than as the liquidated and adjusted damages to the City. The Contractor and/or his Surety agree that the stated sum per day for each such calendar day shall be deducted and retained out of the moneys that may become due hereunder. !fnot so deductible, the Contractor and/or his Surety shall be liable therefor. 4. RETAINAGE FEE. The City shall withhold a retainage fee in the amount of ten percent (10%) of the value of the work completed as' certified until fifty percent (50%) of the estimated amount of the project is completed. When the dollar value, as determined by the City, of satisfactorily completed work is greater than fifty percent (50%) of the estimated contract price, vouchers for partial payment will be issued by the City to the Contractor in the amount of 100 percent (100%) of the value of the work, above fifty percent (50%), completed as certified for that payment period. 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C ~ s:: s: 0 g} -u -n c-I m -I G) G> m G) G) 0 r r r 0 ~ r~-mI)>)>JJ)>)>-I )>::::.. mJJOx)>FFoFF~OJ~~)>o :D~~::1S;!OO:DOO~~><><~~ -IoIZ:DZZ;;Zzmen-o,-o, _ )>JJ~G)o-no;:::..oo 0000-1 -u Ncu C/) oo)>m m~)>......OO<:DJJ .,.,"U{i) :nencrm cc u -Oo:I:en-<JJ S:S:: 00, m -I m ~ 0, ~ C en ~ ~ C/))>:D)><o Z mm -0 roS}^ rn -1-1 m -1-0 :D II m)> en -<-< ~o ..... ~~ aJ^ 0 ZZ m ~ mm r r en ,y) ,y) .EI},y).EI}.y}.y}l\)......(h.y}.y}.y}.(h.y}-.y),y)* (]Il\)u:>~I\)-...J......u:>~01CO....i.CJ)~.......... 01 -...J (0. ...... _. -to. u:> 01. " ---l (Q ..... (Q . -to. " . -to. "'4 .. 01\) . . (]I-...Jo-to.---l-...Jw(]lI\)01u:>-to.(Q-to......---l co (]IO ou:>())u:>co U:>OI\)CJ) :ommmmmmmmm:om:ommm o )> )> )> )> )> )> )> )> )> 0 ,)> 0 )> )> )> rOOOOOOO()OrOrO()O rIIIIIIIIIrIrIII ~. ~ ).: ~r~1 O.:n ~r9 - ' ~J5" ..-\J .n 01' , "i:I ~ ,'.' o ~ @ l P~:!.~~N~[~~/IS/SS RESOLUTION NO. 2001- ~ A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF TAMPA AND DRC, INC. FOR THE PROVISION OF DEBRIS MANAGEMENT FOR THE USE OF THE DEPARTMENT OF PUBUC WORKS; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE cm COUNCIL OF THE CITY OF TAMPA, flORIDA: Section 1. That the Agreement between the City of Tampa and DRC, Inc., a copy of which is attached hereto and made a part hereOf is hereby approved. The Agreement shall be for a five-year period from the effective date of the awarding or approving Resolution, and may, by mutual agreement, be renewed at the same terms and conditions for one additional five-year period. Section 2. That the Mayor of the Oty of Tampa is authorized and empowered to execute, and the City Clerk to attest and affix the official Seal of the City to, said Agreement on pehalf of the City. Section 3. That other proper officers of the City of Tampa are hereby authorized to do all things necessary and proper in order to carry out the terms and conditions of this Resolution which shall take effect immediately upon its adoption. A~j~ CITY ERK ' APPROVED AS TO FORM: ~68 . T' . ~; ;f1!. ~ .~.. i~':: B AGREEMENT FOR DISASTE~ RECOVERY SERVICES Attachment 3 lYleasutemcnt and Payment for Emergency Ro,ad Clearance, Demolition of Structures, Debris Removal from Private Property (Right-of Entry Program) and Publicly Owned, Property (other than Rights-of-\Vay) . . Hourly rates to be applied to Services as refe'renced in Attachment 2 of this Agre'einent. Equipment Description Unit Unit Price 30 Ton or.largerCrane Hour $170.00 50' Bucket Truck Hour $140.00 Track-Hoes.....; John Deere 690 or equivalent Hour . $120.00 Wheel-Loader 644 or equivalent Hour $120.00 D-6 Dozers or equivalent Hour $120.00 John Deere 544 or equivalent Hour $UO.OO Equipment Transports Hour $90.00 Service Truck Hour $65.00 Bobcat Loader Hour $60:00 f-, Tractors with box blade ' Hour. $35.00 5 CubIc Yard Dump Truck Hour $35.00 . (The above rates include, operators.) Personnel,Description Unit Unit Price Climber with gear Hour $95.00 Superintendent \\tlth Truck' Hour I $55.00 Foreman with Truck' I Hour $55.00 Operator v.lth Chainsaw Hour $35.00 Survey perso:i1.nel with vehicle I Hour $31.00 Traffic Control Personnel Hour $31.00 Inspector with vehiCle Hour $31.00 Laborers Hour $26.00 } ^-', @ DRC, Inc. Technical Proposal Page 71 PERSONNEL PROJECT CLASSIFICATION Per Hour OT PROJECT COORDINATOR $136.50 $204.75 FIELD HAZ MATERIAL MANAGER , $89.05 . $133.58 HM CONTAIN AREA MANAGER $89.05 $133.58 FIELD PROJECT SUPERVISOR '.. ,,$78.65 -$117.98 . HM CONTAIN AREA SUPERVISOR, $78;65 $117~98 FIELD PROJECT FOREMAN $72.93 . $109.40 HM CONTAINMENT AREA FOR~MAN, $72.93 . $109.40 FIELD HM TECHNICIAN, $68.25 $102.38 HMCONTAIN AREA TECHNICIAN, .' $6,8.25 $102..38 HEALTH & SAFETY SPECIALIST , $78.65 $117.98 PROJECT ENGINEER $78.65 $117.98 PROJECT GEOLOGIST $78.65 $117.98 CHEMIST' $78.65 $117.98 REGULATORY MANAGER $89.05 $133,58 ' EQUiPMENT OPERATOR $60.06 $90.09 . ASBESTOS ABATEMENTSUPERVISOR $54.60 $81.90 ASBESTOS ABATEMENT WORKER $49.4 0 $74,10 ASBESTOS INSPECTOR I $65.00 $97.50 TRUCK DRIVER $62.92 , $94.38 ADMINISTRATIVE ASSISTANT $41.60 $62.40 CLERICAL $31.85 $47,78 VEHICLES/TRANSPORTATION @ DESCRIPTION COST UNIT PICKUP TRUCK $1 01.25 DAY PICKUP TRUCK EXTENDED CAB' $114.75 ' DAY PICKUP TRUCK 4 X 4 . , $114.75 DAY PICKUP TRUCK 1 TON $155.25 . DAY BOX TRUCK $162.00 DAY PASSENGER CAR $87.75 DAY' 20: RESPONSE TRAILER $405.00 DAY 36' RESPONSE TRAILER $405.00 DAY ! OFFICE TRAILER $270.00 DAY I FLATBED TRAILER $81.00 DAY i VEHICLE USE- PICKUPS, VANS, CARS $0.46 MILE , I VEHICLE USE- TRAILERS, HEAVY TRUCKS $0.65 MILE 12' WORK BOAT W/MDTOR $155.25 ' DAY 12' WORK BOAT WID MOTOR $87.75 DAY VACUUM TRUCK 3500 GALLON I $1,620.00 . DAY ,DRC, Inc. Technical Proposal Page 72 . .. PERSONAL PROTECTIVE EQUIPMENT (PPE) DESCRIPTION COST UNIT LEVEL A EMPLOYEE FUL~ Y ENCAPSULATED SUIT, SCHA, 1 SCBA BOTTLE, GLOVES AND $455.00 DAY BOOTS (DOES'NOT INCLUDE SUIT, GLOVE. OR BOOT REPLACEMENT) . LEVEL B EMPLOYEE PROTECTIVE COVERALL, SCBA. OR AIRLINE RESPIRATOR, GLOVES, BOOTS, $227.50 DAY AND'HARD HATS (DOES NOT INCLUDE 'COVERALL OR GLOVE REPLACE.) LEVEL.C EMPLOYi:=E PROTECTIVE COVERALL, HALF OR FULL FACE RESPIRATOR: CARTRIDGES, GLOVES, BOOTS, AND HARD HATS (DOES NOT $110.50 DAY INCLUDE COVERALL,CARTRIDGE, OR GLOVE REPLACEMENT) SCBA BOTTLES REFILL- AFTER THE FIRST . $22.10 EACH INCLUDED IN LEVEL A & B CHARGE ABOVE CASCADE AIR SYSTEM PER EMPLOYEE $97.50 DAY AIR FILTRArlON PANAL ' $188.50 DAY AIRLINE RESPIRATOR EACH INCLUDES 150 FEET $83.20 DAY OFAIRL,.INE RESPIRATOR AIRLINE 50',SECTION $16.90 EACH, RESPIRATOR CARTRIDGES $32.50 PAIR 'LEVEL A SUIT- KAPPLER RESPONDER OR EQUAL $812.50 EACH LEVEL B SUIT- KAPPLER RESPONDER OR EQUAL $500.50 EACH n"VEK $6.50 EACH PROSHIELD $10AO EACH SARAN EX $19.50 EACH ACID SUIT $117.00 EACH RAIN SUIT' $39.00 EACH NEOPRENE GLOVES $15.60 PAIR NITRILE GLOVES $18.20 PAIR SILVERSHIELD GLOVES ' $33.80 ' PAIR pve GLOVES $10.40 PAIR COTTON OR LATEX GLOVES $2.60 PAIR LEATHER WORK GLOVES $15.601 PAIR pve BOOTS (HAZMAX) $24.70 PAIR I BOOT COVERS $9.10 PAIR HEARING PROTECTION $2.60 PAIR HIGH HAZARD PERSONNEL DECONTAMINATION " $422.50 DAY LOW HAZARD PERSONNEL DECONTAMINATION $227.50 DAY PORTABLE EYEWASH STATION $45.50 DAY FIRST AID STATION $26.00 DAY ORe, Inc. Technical Proposal Page 73 ( \ t1 '- PERSONNEL RETRIEVAL SYSTEM PERSONNEL RETRIEVAL- HARNESS' S370.50 , DAY $80.601 DAY, MONITORING/SAMPLING EQUIPMENT DESCRIPTION COST UNIT COMBUSTIBLE GAS INDICA TOR $84.50 , DAY TOXIC GAS DETECTOR - , $78.00 ,-' DAY- PHOTOIONIZA TION DETECTOR $130.00 DAY HAZCA T KIT $585.00 DAY DETECTOR TUBES $65:00 Tf::N PACK PH ~APER $13.00 PACK SPILL CLASSIFIER ' $6.50 STRIP PERSONNEL AIR SAMPLING PUMP $52.00 DAY ASBESrOS BULK SAMPLE $32.50 EACH HAND AUGER STAINLESS STEEL $45.50 DAY HEAVY EQUIPMENT DESCRIPTION COST I UNIT MECHANIZED BROOM, - $58.50 HOUR BACKHOE (35.00fHOUR AFTER 8 HOURS) , . $552.50 ' DAY BACKHOE EXTENDAHOE (40.00/HOUR AFTERe $617.50 DAY HOURS) TRACKHOE 490 OR EQUIVALENT (80.00/HOUR $1,092.00 DAY AFTER 8 HRS) , BULLDOZER D4 OR EQUIVALENT (70.00/HOUR_ . --. DAY AFTER 8 HRS. $975.00 12 TON LOWBOY (15.'00/HOUR AFTER 8 HOURS) I $110.50 DAY 50 TON LOWBOY (30.00/HOUR AFTER 8 HOURS) $416.00 DAY SKID STEER (B.OBCAT) (35.00/HOUR AFTER 8 $344:50 DAY HOURS) DUMPTRUCK $123.50 HOUR RECOVERY EQUIPMENT (jjj) DESCRIPTION COST UNIT HAND OPERATED TRANSFER PUMP $84.50 DAY 1" DIAPHRAGM PUMP $130.00 DAY I 2" DIAPHRAGM PUMP $175.50 DAY I 2" DIAPHRAGM PUMP S. S. $247.00 DAY 3" DIAPHRAGM PUMP $227.50 , DAY 1" SUCTION OR DISCHARGE HOSE $58.50 ' DAY 2" SUCTION OR D'ISCHARGE HOSE $78.00 DAY 3" SUCTION GB DISCHARGE HOSE $123.50 DAY ORe, Inc. Technical Proposal Page 74 2" CHEMICAL SUCTION OR DISCHARG.E HOSE. $227.50 DAY 3" CHEMICAL SUCTiON OR DISCHARGE HOSE . $487.50 DAY SMALL COMPRESSOR $78.00 DAY 185 CFM COMPRESSOR , $156.00 DAY , . AlRHOSE SEeTON $26.00 DAY MISCELLANEOUS EQUIPMENT DESCRIPTION COST UNIT PORTABLE LIGHT STAND $78.00 DAY 4000-5000 WATT GENERATOR $91.00 DAY ELECTRICAL CORD SECTION (50'), $10040 DAY SPIKE BAR' $6.50 DAY AIRLESS SPRAYER $97.50 DAY PRESSURE WASHER ,$84.50 DAY WATER HOSE SECTION (GARDEN) $19.50 EACH CUTIING TORCH $45.50 DAY WIRE WELDER , $84.50 DAY AIR BLOWER $32.50 PAY HEPA VAC $78.00 DAY BARREL CART . $19.50 DAY WHEELBARROW . $1 DAD DAY OIL DRY SPREADER $19.50 . DAY TRAFFIC CONTROL VESTS, CONESS; FLAGS, $110.50 DAY BARRELS, ETC. DRILL WITH BITS $23040 DAY GROUNDING CABLE AND ROD $52.00 DAY CIRCULAR SAW $26,00 DAY HAND TOOLS PER EMPLOYEE SHOVELS, $31.85 'DAY SCOOPS', BROOMS, RAKES, HOES, ETC. TOOL KIT HAMMERS, PLIERS, SCREWDRIVERS, $58.50 ' DAY ETC. WRENCH KITBUNG WRENCH, SPEED WRENCH, $71.50 DAY PIPE WRENCH, SOCKETS, CHANNEL LOCKS STEP LADDERS $15.60 DAY I EXTENSION LADDERS $32.50 DAY J PHOTOGRAPHIC EQUIPMENT $36.40 DAY I I PORTA JOHN. $19.50 DAY ! i FLASHLIGHTS $2.60 EACH , , . ! HANDHELD RADIOS I $104.00 DAY , i DECONTAMINATION CHARGE FOR ALLVEHICLES I Quoted at time j AND EQUIPMENT , of need. . .....'\-. . '@tq . l ORe, Inc. Technical Proposal Page 75 ~'; ";'..: .t.. . MA TERIALSfDISPOS'ABLES DESCRIPTION COST UNIT. 5" X 10' ABSORBENT BOOM- PETROLEUM $62.40 ' EACH 8h X 10' ABSbRSENT BOOM- PETROLEUM $109'.20 EACH .3" X12' ABSORBENT BQOM-LJNI\lERSAl $39;00 .' EACH ABSORBENT PADS BUNDLE-PETROLEUM $114.40 EACH . , ABSORBENT PADSBUNOlE. UNIVERSAL .. $156.00 .l;ACH ABSORBENT eLA Y SAG $12.35 . EACH OIL DRY , $7.80 ' . EACH PEAT MOSS $13.00 EACH ' VERMICULITE $20.80 . EACH SODA ASH BAG $11.70 EACH 4 M1L20X 100 POLYETHYLENE $52.00 ' EACH '6 MIL 20 X 100 POLYETHYLENE $71.50 ROLL 6 MIL BAGS $1.30 EACH DUCT TAPE $8.45 ROLL 55-GALLON DRUMS . $58.50 EACH 55-GALLON DRUM LINERS 10 MIL $45.50. EACH FIBER DRUMS, $36.40 EACH 30-GALLON OVERPACK $123.50 . EACH ' 95-GALLON POLY OVERPACK $286~O{) , EACH DOT HAZARDOUS WASTE LABELS $2.60 EACH FIRE EXTINGUISHER $52.00 EACH CAUTION/HAZARD TAPE $39.00 EACH' RESPIRATOR WIPES $2.60 EACH KAPPLER TAPE $58.50 ROLL FREON RECOVERY DESCRIPTION Refrigerators/FreezerslWindow Air Conditioning Unit Industrial AirConditioning Unit COST UNIT Each $170.00 Quoted at time. of need ~~ @ "\.., DRC, Inc. Technical Proposal Page 76 FLORIDA LEAGUE OF CITIES, INC. MEMORANDUM To: Key Officials Members, FLC Legislative Policy Committees From: John Charles Thomas, Dire Legislative & Public Affairs Date: July 19, 2006 Re: Restructured FLC Legislative Policy Development Process The Florida League of Cities is pleased to announce a revised structure to the League's current legislative policy process. In an effort to get more Florida's cities involved in this very important process, the League is requesting that each city be represented on one or more of the League's Legislative Councils. The League will expand the scope of its current committees by creating Legislative Councils that will address and consider a wider range of issue areas that affect Florida's municipalities, and to focus discussion on issues that will be debated in the Florida Legislature. These four newly-created councils will cover a broad range of issues and will have more member participation from Florida's municipal officials. It is recommended that only one city be represented on a council, but a city could have someone on each of the four * councils. Participation on a council will require attendance at the following meetings: Proposed Council Meeting Dates . September 15 - Orlando World Center Marriott . October 20 - Orlando World Center Marriott . November 16 - Hyatt Orlando Airport (in coniunction with FLC Legislative Conference) . August 16, 2007 - Orlando World Center Marriott (in conjunction with FL~ Annual Conference) ~ Should you have any questions or require additional information, please contact me at the League at (850) 222-9684 or bye-mail atithomas@f1cities.com. We look forward to your city's involvement in this exciting opportunity. ()~. i 32 301 South Bronaugh Street, Suite 300 . P.O. Box 1757 . Tallahassee, FL 32302-1757 (850) 222-9684 . Suncom 278-5331 . Fax (850) 222-3806 . Web site: www.flcities.com Florida League of Cities Legislative Council Sign-Up Form Indicate city officials from your city who want to be a member of one of the League's Legislative Policy Councils. Participation requires attendance at four meetings a year to establish the League's Legislative Priorities. **Please see the attached list of issue areas within each Council** Please fax this completed form to the attention of Jenny Anderson at (850) 222-3806 no later than August 18, 2006. City{rownfVillage of: Name of Official Address: Phone: E-mail: Requested Council Title: Fax: Please rank 1-4 (1 being the first choice, etc.) Municipal Service Delivery Council _ Fiscal Stewardship Council Urban Planning Council Home Rule Administration Council Name of Official Address: . Phone: E-mail: Requested Council Title: Fax: Please rank 1-4 (1 being the first choice, etc.) Municipal Service Delivery Council _ Fiscal Stewardship Council Urban Planning Council Home Rule Administration Council Florida League of Cities Sign-Up Form Page Two (if needed) CityfTownfVillage of: Name of Official Address: Phone: E-mail: Requested Council Title: Fax: Please rank 1-4 (1 being the first choice, etc.) Municipal Service Delivery Council _ Fiscal Stewardship Council Urban Planning Council _ Home Rule Administration Council Name of Official Address: Phone: E-mail: Requested Council Title: Fax: Please rank 1-4 (1 being the first choice, etc.) Municipal Service Delivery Council _ Fiscal Stewardship Council Urban Planning Council Home Rule Administration Council Please fax this completed form to the attention of Jenny Anderson at (850) 222-3806 no later than August 18, 2006. @ Proposed Policy Committee Restructure Home Rule Administration Council . Building Codes . Code Enforcement . Community Redevelopment . Home Rule Powers . Liability . Personnel, Collective Bargaining and Retirement . Public Safety . Sunshine Law . Transportation . Utilities Urban Planning Council . Annexation . Coastal Management . Environmentallssues . Growth Management . Permitting . Planning . Solid Waste . Water, Wastewater and Stormwater . Zoning Municipal Service Delivery Council . Affordable Housing . Economic Development . Education . Emergency Management . Eminent Domain . Intergovernmental Programs Fiscal Stewardship Council . General Finance and Tax Issues . Home Rule Revenues . Infrastructure Funding . Local ,Option Revenues . Revenue Sharing . Tax and Budget Reform ~ ORDINANCE NO. 0-06- AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES SECTION 26-2, BLOCKAGE OR UNREASONABLE OBSTRUCTION OF NATURAL FLOW OF WATER PROHIBITED; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABll..ITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, residential construction has impacted the drainage system of the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF rIlE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That Section 26-2 of the Code o/Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: See. 26--2. Blockage or unreasonable obstruction of natural now of water prohibited. It shall be unlawful to block or unreasonably obstruct the natural flow of water or desi2lled drainage of water by any means, including construction, excavation, or fill of land. Durinll anv construction activity involvinll clearinll or fill. the uerimeter of the mouertv shall be secured with a silt barrier meetinll the standards of the water manallement district for such devices. Upon discovery of obstructions to a ooblic dminaJJe facility dminll construction.. on the first such incident the contractor shall ~ Iliven notice to alleviate the blockalle within four hours or be men a citation in the initial l:!JllOlDlt of $500. and an additional fine in said amount for each twenty-four hour ueriod thereafter until the obstruqUon is remedied. Subseauent violations shall result in an im1'rtediate citation without Waminll in acconlance with this fine schedule. No buildinll code insoections will be uerform~ on a urouertv fOlmrl in violation of this section until it comes back into COIDuliance. Any structure, driveway, pipe excavation, or :fill of land in violation of this section for more than fortv-eillht (48) hours mav be sftaII. brought into complian~ with this section bv the City. The costs thereof shall be chamed to both the contractor and owner and if unooid after three davs. shall constitute a lien noon the nrouertv eoua1 in di2Iritvto the lien for taxes. at tk8 eWBer's 8J1.fl8RB8. Atmeals of anv such citation shall be made to the Construction Board and must be filed within fortv-eillht hours. The aooeal shall be 00. oOq @ @ limited to the factual issues lIDim! to the validity of the violation or the existence of nrior violatiQgs. Failure to Dav citations or liens imoosed lDlder this section within three days of i!ilq)umce Of. jf apoea1ed. within three davs of resolution of such anneal. !i;hall result in a wQt% stODD8.I!e at the site where the offense occurred and.. further. no oenyi.ts sha 11 be issued fOf work in the City to the nerson owim! such amolDlts. Section 2. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or lDlconstitutiOnal provision. It shall further be assmned that the City Council would have enacted the remainder of this Ordinance without said invalid or lDlCOnstitutional provision, thereby causing said remainder to remain in full force and effect. Section 4. EFFECTIVE DATE. This Onlinance shall take effect immediately upon its adoption by the City ColDlcil, except the silt barrier requirements shall not be enforced against' active construction for the first thirty days of the effectiveness of the ordinance. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by ColDlcilmember and, upon being put to a vote, the vote was as follows: Mayor Nathan McCollum Vice-Mayor Brian Burlceen Councilmember Lisanne Monier Councilmember Andrea. Coy COlDlcilmember Sal Neglia The Mayor thereupon declared this Ordinance duly passed and adopted this _ day of ,2006. CITY OF SEBASTIAN, FLORIDA By: Mayor Nathan McCollum A'ITEST: Sally A. Maio, MMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney