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HomeMy WebLinkAbout04092003 HOME OF PELICAN ISLAND SEBASTIAN 01TY 00UNOIL AGENDA REGULAR MEETING WEDNESDAY, APRIL 9th, 2003 - 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 - 122'5 MAIN STREET, SEBASTIAN, FLORIDA Individuals will address the City Council with respect to agenda items immediately before deliberation of the item by the City Council - limit of ten minutes per speaker (R-99-21) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. INVOCATION - Rev. John Vacchiano, First Church of the Cross 4. ROLL CALL 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon a majority vote of City Council members (R-99-21) 6. PROCLAMATIONS, ANNOUNCEMENTS AND/OR PRESENTATIONS B. C. D. Proclamation for Arbor Day Proclamation for Confederate History Month Proclamation for Prevention of Child Abuse Certificate of Appreciation to Charles Cardinale for Citizens Budget Review Advisory Board Service Proclamation Expressing Our Support for Our Troops Certificate of Appreciation for Operation Iraqi Freedom Servicemen 1-14 03.077 15-20 03.020 21-38 03.078 39-54 03.079 55-56 03.080 57-62 03.010 63-66 03.081 67-68 = CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. A. Approval of Minutes - 3/26/03 Bo Resolution No. R-03-14 City Council Meeting Procedures (City Clerk Transmittal 4/2/03, R-03-14) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING RESOLUTION NO. R-99-21; ESTABLISHING THE DATE AND TIME FOR CITY COUNCIL MEETINGS, WORKSHOPS AND QUASI-JUDICIAL HEARINGS; ADOPTING ROBERTS RULES OF ORDER; PROVIDING FOR AGENDA PREPARATION; PROVIDING FOR AGENDA MODIFICATION; PROVIDING FOR PUBLIC HEARING PROCEDURES (OTHER THAN QUASI-JUDICIAL MATTERS); PROVIDING FOR PUBLIC INPUT PROCEDURES; ESTABLISHING DIRECTION RELATIVE TO VERBATIM TRANSCRIPTS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Resolution No. R-03-15 Tesluk Vacation of Easement - Lots 9 and ~ of Lot 8, Block 170, Sebastian Highlands Unit 5 (GMD Transmittal 4/2/03, R-03-15, Site Map, Staff Report, Grant of Easement, Application, Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 9 AND EASTERN ~ OF 8, BLOCK 170, SEBASTIAN HIGHLANDS UNIT 5; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. Do Resolution No. R-03-16 Fink Vacation of Easement - Lots 20 & 21, Block 83, Sebastian Highlands Unit 2 (GMD Transmittal 4/2/03, R-03-16, Site Map, Staff Report, Application, Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 20 & 21, BLOCK 83, SEBASTIAN HIGHLANDS, UNIT 2; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. Authorize City Clerk Travel to FACC Annual Conference in Ft. Lauderdale, June 15-18, 2003 (City Clerk Transmittal 4/2/03, Information) Fo Authorize the City Manager to Execute the State Highway Lighting Maintenance And Compensation Agreement Between the State of Florida Department of Transportation and the City of Sebastian (City Manager Transmittal 4/4/03, Agreement) Approve Final Consolidated Change Order to Dickerson Florida, Inc., General Contractor for Improvements to the CR512/Sebastian Blvd. Alleyway, in the Total Amount of $13,843.62) Approve Learning Nest Third Annual 5K Run at Riverview Park on Saturday, May 17, 2003 from 6:30 am to 10:30 am and Approve the Closing of Indian River Drive from Harrison Street North to Davis Street from 7:30 am to 10:30 am Saturday, May 17, 2003 (Public Works Transmittal 4/3/03, Letter) 2 03.082 69-70 03.083 71-72 03.084 73-76 Approve Riverside Church Assembly of God Singles Festival at Riverview Park On Saturday, May 10, 2003 from Noon until 9:00 pm (Public Works Transmittal 4/3/03, Letter) Approve Sebastian River Art Club Shows on the Dates and Times Listed: (Public Works Transmittal 4/3/03, Letter) Saturdays 10 am-4 pm October 18, 2003 November 15, 2003 December 13, 2003 January 17, 2004 February 21 & 22, 2004 March 20, 2004 April 17, 2004 Rain Dates Sundays Noon-4:30 pm October 19, 2003 November 16, 2003 December 14, 2003 January 18, 2004 None March 21,2004 April 18, 2004 8. COMMrl-I'EE REPORTS/RECOMMENDATIONS - None 9. PUBLIC HEARING - None 10. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda - sign-up required - limit of ten minutes for each speaker 11. OLD BUSINESS A. Presentation by City Engineer Regarding Proposed Modifications to Jackson Street Extension/Captain Butcher's Site Plan (No Backup) 12. NEW BUSINESS Approve First Renewal Option of Agreement for Professional Services Between The City of Sebastian and the LPA Group, Inc. for the Period of April 29, 2003 Through April 28, 2004 (Airport Transmittal 4/3/03, Letter) 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 16. CITY CLERK MATTERS 17. CITY COUNCIL MATTERS Do Mr. Coniglio Mr. Barczyk Mr. Hill 1. Appointment of Citizens Budget Review Advisory Board Member Mr. McCollum Mayor Barnes 18. ADJOURN (All meetings shaft adjourn at 10:30 p.m. unless extended for up to one half hour by a majority vote of City Council) 3 CITY OF HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, MARCH 26, 2003 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. The Mayor called the meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. Father Morrissey, St. Sebastian Catholic Church gave the invocation. ROLL CALL City Council Present: Mayor Walter Barnes Vice-Mayor Raymond Coniglio Councilmember Joe Barczyk Councilmember Nathan McCollum City Council Absent: Councilmember Jim Hill (excused) Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Stormwater Engineer, Ken Jones Finance Director, Mark Mason Growth Management Manager, Jan King Police Chief, James Davis Public Works Director, Terry Hill Regular City Council Meeting March 26, 2003 Page Two 03.062 1-8 AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon a majority vote of City Council members (R-99-2~) The City Manager requested addition of a presentation of the new city website as the last item under presentations and City Council concurred. PROCLAMATIONS~ ANNOUNCEMENTS A. Certificates of Appreciation for Pelican Island Centennial Celebration The Mayor presented certificates to representatives of groups who participated in the Pelican Island Wildlife Refuge Centennial celebration as follows: US Fish and Wildlife, Sebastian River Area Chamber of Commerce, Annie Guthrie for her father Ado, City of Sebastian Public Works Employees, City of Sebastian Police Department officers and employees, and Indian River County bus drivers (see complete name of recipients attached to these minutes) B. Proclamation - Florida Association of City Clerks 30th Anniversary The Mayor read the proclamation and presented it to the City Clerk. PRESENTATIONS Ao Certificate of Appreciation to Georqe Anderson for Legacy Education Program at Sebastian River Hi.qh School The Mayor presented the certificate of appreciation to Mr. Anderson. Bo Keep Indian River Beautiful Renaissance Faire Special Event, Road Closures and Beer Sales Presentation (Public Works Transmittal 3/19/03, Schedule and Map of Events) Lisa Zahner, Keep Indian River Beautiful, and her band of merry men and women, gave a preview of the Renaissance Faire planned for ©ctober 24- 26, 2003 at Riverview Park, and responded to questions from Council. Regular City Council Meeting March 26, 2003 Page Three 03.063 9-10 MOTION by Barczyk/McCollum "Move to approve item B." ROLL CALL: Mayor Barnes - aye Mr. Coniglio - aye Mr. Barczyk - aye Mr. Hill - absent Mr. McCollum - aye Roll Call carried 4-0 Presentation by Coy A. Clark Company Regarding Annexation & Development of Area North of Sebastian Elementary Coy Clark, with the assistance of Joseph Schulke, made a presentation to City Council regarding annexation of the property, and responded to questions from Council regarding impact to the area, need for public input, density and lot sizes, need for more information, need for impact studies. The City Manager responded that both the City Council and Planning and Zoning Commission will have an opportunity to review impacts. Mayor Barnes asked if there was an intention to make this a PUD and said, in his opinion, 50 foot wide lots were unacceptable. The City Attorney advised council that the parcel is an enclave which will not really impact city services and current county zoning will allow 6 houses per acre which will allow small lots. New City Website The Finance Director, with the assistance of Barbara Brooke, MIS Assistant, premiered the new City website. Regular City Council Meeting March 26, 2003 Page Four 8. 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. 11-24 A. Approval of Minutes- 3/12/03 Regular Meeting, 3/17/03 Special Meeting 03.064 25-28 Authorize the Travel of Councilman McCollum to Institute of Elected Municipal Officials June 6-8, 2003 in Deerfield Beach, Florida (City Clerk Transmittal 3/19/03, draft agenda, registration form) 03.065 29-30 Authorize City Attorney Travel to City, County & Local Government Law Bar Section Seminars, May 7-10, 2003 in Tampa, Florida (City Attorney Transmittal 3/20/03) 03.066 31-36 Do Authorize Funding Agreement with Bank of America for Purchasing Card Program (GSA Transmittal 3/19/03, Agreement) 03.067 37-4.8 Waive Formal Bidding Procedures and Authorize Repairs by Crawler Crane in the Amount of $7,316.33 to Stormwater Dozer (Stormwater Transmittal 3/18/03, Estimate) 03.068 49-54 Fo Authorize the Controlled Burning Activities by Laurel Homes, Inc. in the Laurel Reserve Subdivision AND by St. Johns River Water Management District in the 160 Acres South of Englar Drive (GMD Transmittal 3/19/03, Letters) McCollum pulled item F for discussion. MOTION by Coniglio/McCollum "Move to approve consent agenda items A through E." ROLL CALL: Mayor Barnes - aye Mr. Coniglio - aye Mr. Barczyk - aye Mr. Hill - absent Mr. McCollum - aye Roll Call carried 4-0 4 Regular City Council Meeting March 26, 2003 Page Five Item F Mr. McCollum's concerns with the burning included the extinguishing of the fire one hour before sunset; a lid on the incinerator; attendance of the burning; no addition of outside material; no repetition of the fires last May; setbacks; and the drought index. Mr. Barcyzk asked if neighbors would be notified of the burns. Debb Robinson of Laurel Homes and Ralph Brown of St. Johns River Water Management District responded to their concerns. The City Attorney said there are no setback requirements of the Code for governmental agencies. TAPE I - SIDE II (8:03 p.m.) MOTION by McCollum/(see below for second) "1 think it's only fair to staff that they have a clear threshold of when they have to go out to the site and say we need to stop burning and I think its fair to the citizens to know that when it reaches 500 they know that's going to stop and they don't have to worry about embers coming out in the middle of the night and setting something on fire." Following some discussion, Mr. Barczyk seconded the motion. ROLL CALL: Mr. Barczyk - aye Mr. Hill - absent Mr. McCollum - aye Mayor Barnes - aye Mr. Coniglio - aye Roll Call carried 4-0 9. COMMITTEE REPORTS/RECOMMENDATIONS 03.069 55-74 Citizens Budget Review Advisory Board Interview, Unless Waived and Appoint Two At-Larqe Members and Appoint Individual Councilmen Boardmembers (City Clerk Transmittal 3/19/03, Applications, Ad, Board Member List) Regular City Council Meeting March 26, 2003 Page Seven 11. 12. 03.031 75-78 INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda - sign-up required- limit of 10 minutes each speaker Robert Pliska, said he was against a dog park in Sebastian. Judith Pelli, Columbus Street, discussed her concerns about development adjacent to her property. Baxter Coston, echoed his pleasure at all those involved in the Pelican Island Wildlife Festival. OLD BUSINESS TRIAD Housing Partners Aqreement to Establish Escrow Account (City Manager Transmittal 3/20/03, Agreement) The City Manager discussed resident concerns about the type of housing that is being planned for this development, stating this is a multiple family rental apartment complex, and said he asked representatives of TRIAD to clarify this. David Schultz gave a brief presentation on TRIAD's plans to develop a state of the art product, that there will be no impact on Louisiana, but rather Powerline Road will be utilized. David Reich, said the company will provide its own management, will perform strict background and credit checks, and require that all people living in the units will need to be listed on the lease. Mr. Schultz described the amenities and aesthetics being provided, described the on-site full-time property management and maintenance programs. Bruce Bell said he did not understand why the City needs Iow income housing. The City Manager reiterated that iow to moderate income can go as high as $36,000. Mr. Bell then questioned the escrow program. Mr. Bell then said he had only received one Pelican Brief since he had moved to Sebastian, and suggested the winter issue come out after the election. 03.031 79-86 Regular City Council Meeting March 26, 2003 Page Eight Mr. McCollum suggested the term "projects" be described. The City Manager briefly described "projects" as set up under urban renewal programs for public housing during the 1940's and 1950's to prevent people from becoming homeless. Louise Kautenberg, said, being in real estate, there is a need for homes for working people in Sebastian, noting there are no houses available under $80,000. Baxter Coston, asked why the recreation impact fee is being deferred, and the City Manager explained the purpose of the recreation impact fee in relation to TRIAD's application to the Florida Housing Finance Agency and that TRIAD's fee would be put in escrow. MOTION by Coniglio/Barczyk "1 make a motion we authorize the City Manager to execute the proposed agreement to establish escrow account between the TRIAD Housing Partners and the City of Sebastian." ROLL CALL: Mr. Coniglio - aye Mr. Barczyk - aye Mr. Hill - absent Mr. McCollum - aye Mayor Barnes - aye Roll Call carried 4-0 TRIAD Housinq Partners Impact Fee Deferral Aqreement (City Manager Transmittal 3/20/03, Agreement) MOTION by Barczyk/McCollum "Move to authorize the City Manager to execute the Recreation Impact Fee Deferment Agreement and authorize the payment of the impact fee from general fund at the time of permit issuance." ROLL CALL: Mr. Barczyk - aye Mr. Hill - absent Mr. McCollum - aye Mayor Barnes - aye Mr. Coniglio - aye Roll Call carried 4-0 8 Regular City Council Meeting March 26, 2003 Page Nine 13. 03.070 Mayor Barnes called recess at 8:50 p.m. and reconvened the meeting at 9:03 p.m. All members were present. NEW BUSINESS A. Resolution No. R-03-08 -Local Infrastructure Sales Tax Master Resolution (R-03-08 to be provided under separate cover) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA OF THE CITY OF SEBASTIAN, FLORIDA INFRASTRUCTURE SALES SURTAX REVENUE BONDS TO FINANCE THE CONSTRUCTION OF CERTAIN CAPITAL IMPROVEMENTS IN AND FOR THE CITY; PLEDGING THE PROCEEDS OF THE LOCAL GOVERNMENT INFRASTRUCTURE SURTAX RECEIVED BY THE CITY TO SECURE PAYMENT OF THE PRINCIPAL, INTEREST AND PREMIUM, IF ANY, ON SAID BONDS; PROVIDING FOR THE RIGHTS OF THE HOLDERS OF SUCH BONDS; PROVIDING FOR CERTAIN ADDITIONAL MATTERS IN RESPECT TO SAID BONDS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE, The City Attorney read the resolution by title. Bill Spivey, representing Kirkpatrick Pettis, bond underwriters, addressed City Council on the A2, A, and A+ bond ratings received by City staff, thethp day, the pre- described the timetable to advertise the bonds,ricing closing set for April 29th and closing set for April 30 . City Council commended staff and company representatives on obtaining this high rating. John Wilson, Esq. and Mike Watkins, Nabors, Giblin and Nickerson, bond counsel, described the bond resolutions. MOTION by McCollum/Coniglio "Mr. Mayor I would move that we approve Resolution R-03-08 and Resolution 03-09 unless we need two separate motions." ROLL CALL: Mr. McCollum - aye Mayor Barnes - aye Mr. Coniglio - aye Mr. Barczyk - aye Mr. Hill - absent Roll Call carried 4-0 Regular City Council Meeting March 26, 2003 Page Ten 03.070 Resolution No. R-03-09 - Local Infrastructure Sales Tax Series 2003 (R-03-09 to be provided under separate cover) A RESOLUTION OF CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA AMENDING AND SUPPLEMENTING RESOLUTION NO. R-03-08 OF THE CITY; AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $9,500,000 IN AGGREGATE PRINCIPAL AMOUNT OF INFRASTRUCTURE SALES SURTAX REVENUE BONDS, SERIES 2003 IN ORDER TO FINANCE THE CONSTRUCTION OF CERTAIN CAPITAL IMPROVEMENTS IN AND FOR THE CITY, TOGETHER WITH CAPITALIZED INTEREST, IF ANY, AND CERTAIN COSTS ASSOCIATED THEREWITH; PROVIDING FOR THE RIGHTS OF THE HOLDERS OF SUCH BONDS; PROVIDING FOR PAYMENT OF PRINCIPAL OF, PREMIUM, IF ANY, AND INTEREST ON SUCH BONDS; MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION WITH THE ISSUANCE OF SUCH BONDS; PROVIDING CERTAIN TERMS AND DETAILS OF SUCH BONDS, INCLUDING AUTHORIZING A NEGOTIATED SALE OF SAID BONDS AND THE EXECUTION AND DELIVERY OF A BOND PURCHASE CONTRACT WITH RESPECT THERETO; ESTABLISHING A BOOK-ENTRY SYSTEM OF REGISTRATION FOR THE BONDS; APPOINTING THE PAYING AGENT AND REGISTRAR WITH RESPECT TO SAID BONDS; AUTHORIZING THE USE OF A PRELIMINARY OFFICIAL STATEMENT AND THE EXECUTION AND DELIVERY OF A FINAL OFFICIAL STATEMENT WITH RESPECT THERETO; DESIGNATING THE SAID BONDS AS QUALIFIED TAX-EXEMPT OBLIGATIONS PURSUANT TO SECTION 265(B)(3) OF THE INTERNAL REVENUE CODE; AUTHORIZING THE CITY MANAGER TO TAKE CERTAIN ACTIONS AND TO EXECUTE AND DELIVER CERTAIN DOCUMENTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. The City Attorney read the resolution by title. MOTION by McCollum/Coniglio "Mayor I would move that we approve Resolution 03-09." ROLL CALL: Mayor Barnes - aye Mr. Coniglio - aye Mr. Barczyk - aye Mr. Hill - absent Mr. McCollum - aye Roll Call carried 4-0 John Wilson commended City Council and City staff on its accomplishments. 03.071 87-90 Co First Reading Ordinance No. O-03-04 - Construction Noise, Schedule Public Hearing 4/23/03 (City Attorney Transmittal 3/20/03, 0-03-04) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, CREATING CODE OF ORDINANCES SECTION 26-6 HOURS OF CONSTRUCTION LIMITATIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. 10 Regular City Council Meeting March 26, 2003 Page Eleven 03.072 91-94 Do The City Attorney read the ordinance by title, and stated that a ban strictly on Sundays would not pass muster due to being based on a religious basis. He stated that building construction would be anything that required a building permit. Mr. Coniglio suggested starting at 9 a.m. and stopping at 5 p.m. on weekends. The City Attorney said that is a reasonable and justifiable provision. MOTION by Coniglio/Barczyk "Move to pass Ordinance No. O-03-04 on first reading with the change and schedule public hearing for April, I should say with the change and schedule public hearing for April 23, 2003." ROLL CALL: Mayor Barnes - aye Mr. Coniglio - aye Mr. Barczyk - aye Mr. Hill - absent Mr. McCollum - aye Roll Call carried 4-0 Resolution No. R-03-13 - Aquaculture (City Attorney Transmittal, R-03-13) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, IN SUPPORT OF ADEQUATE STATE FUNDING FOR THE DEPARTMENT OF AGRICULTURE, DIVISION OF AQUACULTURE; PROVIDING FOR DISTRIBUTION OF SAME. The City Attorney read the resolution by title. Bill Thompson, representing the local clam farming community, addressed City Council relative to the governor's plans to do away with the Division of Aquaculture and urged City Council's support for maintaining adequate funding of the Division. MOTION by Barczyk/Coniglio "1 move to approve resolution R-03-13." ]! Regular City Council Meeting March 26, 2003 Page Twelve ROLL CALL: Roll Call carried 4-0 Mr. Coniglio Mr. Barczyk Mr. Hill Mr. McCollum Mayor Barnes - aye - aye - absent - aye - aye 14. 15. 16. 17. CITY ATTORNEY MATTERS Stated that on the way to the Comcast breakfast, he realized that a transfer of franchise resolution discussed at a previous meeting was not needed. Reminded the audience that a future city manager could come from the "projects". CITY MANAGER MATTERS Reported on the dog park issue that staff initiated discussions and recommends that Parks and Recreation establish a workshop to further address this issue. He said his office currently has the authority to allow dogs on leashes in parks after some analysis. It was the consensus of City Council to have Parks and Recreation look into the matter. Reported on the two historic districts designated for Sebastian, and that he will provide further information to City Council in his newsletter this week. Reported on the Boys and Girls Club dinner next Thursday evening and asked if any City Council members wished to attend. CITY CLERK MATTERS None. CITY COUNCIL MATTERS A. Mayor Barnes Announced that Harry Thomas had passed away. Regular City Council Meeting March 26, 2003 Page Thirteen 03.073 95-98 03.074 99-100 03.075 101-116 Eo 1. IRC Liaison List (City Clerk Transmittal 3/20/03, List) New appointments made - see new list attached. 2. IRC Commission Meeting Assignments (Calendar) New assignments made - see new list attached. 3. House Bill 1307 - Cell Tower Bill (Letter, HB1307) Mayor Barnes said this item was brought to his attention and asked for Council concurrence to write to the legislature to stop the bill from proceeding. It was the consensus of Council for the Mayor to send a letter to all of the City's representatives objecting to the bill, along with a letter of thanks Councilman Fletcher. Mr. Coni.qlio Commended the City Clerks' office on its new procedures manual. Mr. Barczyk Recommended a proclamation supporting the troops for the next agenda. The City Clerk said she will research language and have it prepared for the next agenda. Recommended an MIA flag be placed at the Veterans' Memorial. City Council concurred. The City Manager said he would make arrangements for it. Mr. Hill Absent. Mr. McCollum Expressed his appreciation to the City Clerk, City Manager, and City Attorney staff for their support to him upon his election. Regular City Council Meeting March 26, 2003 Page Fourteen 03.076 117-124 18. Procedure for Adding Unadvertised Council Agenda Items (R-99-21, Sebastian Code Section 2-33) Mr. McCollum described a conflict in the code and a procedures resolution which provide for unanimous vote in the code and majority vote in the resolution, and recommended the vote be unanimous for the benefit of Council. The City Attorney was directed to amend the resolution. He said he would also clean up the ordinance. Being no further business, the Mayor adjourned the regular meeting at 10:02 p.m. Approved at the Regular Council Meeting. Walter W. Barnes Mayor ATTEST: Sally A. Maio, CMC City Clerk SE, BASTIAI~I HOME OF PELICAN ISLAND City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject Resolution No. R-03-14-City Council Meeting Procedures - Changing to Unanimous Vote to Add to Agenda AgendaNo. ~.~,0'7 7 Department Origin: City Clerk~ Date Submitted: 4/2/03 For Agenda of: 4/9/03 Exhibits: R-03-14 Expenditure Required: Amount Budgeted: Appropriation Required: SUMMARY STATEMENT Councilmember McCollum requested amendment to City Council meeting procedures to require a unanimous vote to add items to City Council agendas at meetings. Resolution No. R-03-14 includes this amended provision and replaces Resolution No. R-99-21, the former procedures resolution. RECOMMENDED ACTION Move to adopt Resolution No. R-03-14. RESOLUTION NO. R-03-14 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING RESOLUTION NO. R-99-21; ESTABLISHING THE DATE AND TIME FOR CITY COUNCIL MEETINGS, WORKSHOPS AND QUASI-JUDICIAL HEARINGS; ADOPTING ROBERTS RULES OF ORDER; PROVIDING FOR AGENDA PREPARATION; PROVIDING FOR AGENDA MODIFICATION; PROVIDING FOR PUBLIC HEARING PROCEDURES (OTHER THAN QUASI-JUDICIAL MATTERS); PROVIDING FOR PUBLIC INPUT PROCEDURES; ESTABLISHING DIRECTION RELATIVE TO VERBATIM TRANSCRIPTS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Indian River County, Florida, believes it to be in the best interest of the citizens of Sebastian to provide clear direction to establish Council meeting times and dates and provide for conduct of City Council meetings; and WHEREAS, City Council concurs that unadvertised items should be added to agendas only by unanimous vote of the Councilmembers present. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, as follows: SECTION 1. CITY COUNCIL MEETING DATE AND TIME. Regular Meetings: Regular Meetings shall be held on the second and fourth Wednesday of each month at 7:00 p.m. and shall adjourn at 10:30 p.m. unless extended by a majority vote of City Council members present. A motion to extend the meeting time shall be made only once during the Regular meeting and the motion shall be for no more than a thirty (30) minute extension. All unfinished business at adjournment shall be carried to the beginning of the next Regular City Council meeting unless, prior to adjournment, items are placed on a special meeting agenda. Quasi-judicial Hearings: Quasi-judicial hearings, when necessary, shall be conducted at special meetings called for such purpose on the first and third Wednesday of the month, at 7:00 p.m. and shall adjourn at 10:30 p.m. unless extended by a majority vote of City Council members present, The City Manager, at his discretion, may schedule a quasi-judicial hearing for a Regular City Council meeting when necessary. Workshops..: Workshops, when necessary, shall be held on the first and third Wednesday of the month at 7:00 p.m. and shall adjourn at 10:30 p.m. unless extended by a majority vote of City Council members present. In the event that there is a special meeting for the purpose of conducting a quasi-judicial heating scheduled for the first or third Wednesday, the workshop will follow the special meeting. A consensus to extend the workshop shall be made only once during the meeting and the extension shall be for no more than a thirty (30) minutes. All unfinished business at adjournment shall be carried to the beginning of the next scheduled workshop. Special Meetings for Other Purposes: Special meetings for purposes other than quasi- judicial hearings may be called in accordance with the Charter of the City of Sebastian. SECTION 2. NO SUBSTANTIVE DECISIONS AT WORKSHOPS. At workshops, matters may be discussed and placed on an appropriate City Council meeting agenda for formal action. Substantive decisions shall not be made at workshops. SECTION 3. ROBERTS RULES OF ORDER ADOPTED. The City Council will follow Roberts Rules of Order, Revised, 9th Edition, published by Scott, Foresman as a general guideline in the conduct of all meetings and workshops. Failure to follow said rules shall not affect the validity of any action taken. The City Council recognizes Robert Rules of Order are not applicable to every procedural matter governing a public official in the State of Florida. Each Councilmember must vote on all motions unless a Councilmember has a conflict of interest. A Councilmember may make a motion, second a motion or participate in discussion on a motion without relinquishing the chair. Members of Council have the exclusive right to raise questions of procedure or a point of order to the Chair and have the Chair rule on the procedure or point of order. Any member of Council may appeal the decision of the Chair to the entire Council. SECTION 4. AGENDA SUBMITTAL DEADLINE AND PREPARATION, The City Manager is directed to prepare agendas for all City Council meetings. Documentation for items on agendas must be submitted to the City Clerk not later than noon on the Thursday preceding the respective meeting to expedite the preparation of agenda packets. SECTION 5. AGENDA MODIFICATION. City Council, by a unanimous vote of its members present, may modify the a.qenda to add an additional a.qenda item, and, in such event, an individual who wishes to address City Council with respect to the new aqenda item, shall be afforded a reasonable opportunity to address City Council on such new agenda item. SECTION 6. ORDER FOR PUBLIC HEARINGS (OTHER THAN OUASI-JUDIClAL) BEFQRE CITY COUNCIL. The order for public hearings (other than quasi-judicial) before City Council is as follows: A. Order of Business: Chairperson shall announce the opening of the public hearing. City Attorney shall read the Ordinance or Resolution by title unless the City Charter, Code of Ordinances and/or Florida Statutes requires more than the title be read. Chairperson, if appropriate, shall announce the rules that apply to the hearing. City staff shall make a presentation, comments and preliminary recommendation, if any. Public input. City staff final comments and recommendation, if any. Chairperson closes hearing unless hearing continuation granted by the affirmative vote of three Council members. B. Continuance of Public Hearing. City Council may continue a public hearing unless a continuance would violate City Charter, City Code, State or Federal law. A public hearing may be continued to a time certain that the hearing will be re-opened and shall be stated in the record. City Council may defer action on a matter and continue the public hearing for receipt of written comments on the matter. C. Deferring Decision on Merits. City Council may defer a decision on the merits of any matter pending as a result of a public hearing. D. Suspension of Rules. Any provisions of this Resolution may be suspended for good cause by the affirmative vote of at least three Council members. The good cause shall be stated on the record. E. Failure to Follow Rules. If City Council fails to strictly abide by any provision of this Resolution, such failure shall not invalidate action taken by City Council or staff. SECTION 7. PROCEDURES FOR SPEAKERS AND INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC. A. Si.qn-up Sheet. Sign-up sheets shall be provided by the City Clerk prior to the commencement of any meeting of City Council in the City Council Chambers one half hour prior to the meeting or in the City Clerk's office from Monday through Wednesday from 8:00 a.m. to 4:30 prior to the meeting for Introduction of New Business from the Public and Public Hearings. B. Public Input on Aqenda Items. Individuals who wish to address the City Council on items where public presentations are permitted on the agenda shall address the City Council immediately prior to City Council deliberation of the agenda item. Individuals shall not address City Council after commencement of City Council deliberation on an agenda item after public input has concluded, provided, however, the Mayor and members of City Council may recall an individual to provide additional information or to answer questions. In addition, individuals shall have the opportunity to address City Council during a public hearing held in accordance with any federal or state law, the City Charter, the Code of Ordinances and the Land Development Code of the City of Sebastian. C. Introduction of New Business from the Public. Introduction of New Business from the Public shall be that portion of Regular Meeting agendas at which individuals may introduce new business not otherwise on the prepared agenda. "New Business" as used in this paragraph, is defined as an item that has occurred or was discovered within the previous six months. Any individual wishing to introduce new business during the Introduction of New Business from the Public section of Regular City Council meetings shall have the opportunity to address the City Council if they have signed the sign-up sheet prior to the commencement of the meeting on a first come first heard basis. Individuals are encouraged, whenever possible, to meet with staff to attempt to resolve matters. Individuals are also encouraged, whenever possible, to sign up for Introduction of New Business from the public by noon on the Thursday preceding the Regular Meeting and provide documentation for inclusion in the agenda packet. No Introduction of New Business from the Public shall be allowed at special meetings or workshops. D. Time Limit for Public Input Individuals. who are not parties in quasi-judicial proceedings, shall be limited to ten (10) minutes in making oral presentations to the City Council, except if extended by the Chair or reduced by the Chair based on the amount of time available. E. Written Presentations. Individuals may also submit written presentations to the City Council by providing ten (10) complete copies to the City Clerk prior to commencement of the meeting. F. Public Input Addressed to Chair. All public input shall be addressed to the Chair, unless answering a question of a member of City Council or City staff. SECTION 8. VERBATIM TRANSCRIPTS OF CITY COUNCIL MEETINGS. Any person who decides to appeal any decision made by the city council with respect to any matter considered at any meeting or hearing will need a record of the proceedings and may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be heard, in accordance with 286.0105 Florida Statutes. The City Clerk's office is not required to prepare verbatim transcripts or parts of any minutes of City Council meetings unless City Council, by majority vote, directs verbatim transcripts for any parts of any minutes it deems necessary and proper for conduct of internal affairs of city. SECTION 9. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed, including Resolution No. R-99-21. SECTION 10. EFFECTIVE DATE. This Resolution shall take effect upon its adoption. The foregoing Resolution was passed for adoption by Councilmember , was seconded by Councilmember , and upon, being put to a vote, the vote was as follows: Mayor Walter Barnes Vice Mayor Ray Coniglio Councilmember Joe Barczyk Councilmember Jim Hill Councilmember Nathan McCollum The Mayor thereupon declared this Resolution duly passed and adopted this April, 2003. day of CITY OF SEBASTIAN, FLORIDA By: Walter Barnes, Mayor ATTEST: Sally A. Maio, CMC City Clerk (SEAL) Approved as to Form and Content for Reliance by the City of Sebastian Only: Rich Stringer, City Attorney City of Sebastian, Florida Subject: Resolution No. R-03-15 Vacation of Easement - Tesluk Lots 9 & E ½ of Lot 8, Block 170, Sebastian Highlands Unit 5 Approved for Submittal by: Agenda No. 0~,0Z0 Department Origin: Growth Manage~u Date Submitted: 4/02/03 For Agenda of: 4/09/03 Exhibits: 1) R-03-15 2) Site Map 3) Staff Report 4) Grant of Easement 5) Application 6)Utility Letters EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: None None REQUIRED: None SUMMARY This is a request for a vacation of the side public utility and drainage easements located on the western five (5) feet of Lot 9 and the eastern five (5) feet of the eastern ½ of Lot 8, Block 170, Sebastian Highlands Unit 5, less the northern most ten (10) feet thereof. This request does not abandon any part of the rear 10' drainage easement. Because Lot 8 is a divided parcel, City Council requested new five (5) foot side yard easements be granted along the east and west side of the new property line. In keeping with easement uniformity, the Engineering Department suggested the interior utility easement within Lot 9 be abandoned. The Property owner agreed, and the Grant of Easement on Lot 8 will be recorded with the Resolution, if approved. Adopt Resolution No. R-03-15. RECOMMENDED ACTION RESOLUTION NO. R-03-15 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 9 AND EASTERN ½ OF 8, BLOCK 170, SEBASTIAN HIGHLANDS UNIT 5; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the owner of the land has filed a request for abandonment of the public utility and drainage easements along the interior lot lines of the site; and WHEREAS, the providers of telephone, electric, cable, water, and drainage utilities have all consented to abandonment thereof; NOW THEREFORE, BE IT RESOLVED BY TIlE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. VACATION OF EASEMENT. The City Council of the City of Sebastian does hereby vacate, abolish, abandon and discontinue all of that portion of land previously dedicated for a public utility and drainage easement described as follows: The westem five (5) feet of Lot 9 and the eastern five (5) feet of the eastern ½ of Lot 8, less the northern most ten (10) feet thereof, all being in Block 170, Sebastian Highlands Unit 5, as recorded in Plat Book 5, Page 102, of the Public Records of Indian River County, Florida, all located within the City of Sebastian, Indian River County, Florida. Section 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. RECORDING. records of Indian River County, Florida. Section 4. upon its adoption. The foregoing This EFFECTIVE DATE. Resolution was moved The motion was seconded by resolution shall be recorded in the public and, upon being put into a vote, the vote was as follows: Mayor Walter Barnes Vice Mayor Ray Coniglio Councilmember Joseph Barczyk Councilmember James A. Hill Councilmember Nathan McCollum This resolution shall take effect immediately for adoption Councilmember The Mayor thereupon declared this Resolution duly passed and adopted this ,2003. by Councilmember CITY OF SEBASTIAN, FLORIDA day of ATTEST: By: Walter Barnes, Mayor Sally A. Maio, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attomey t~ II G' ~qO LEGAL DESCRIPTION Lot 9, Block 170, SEBASTIAN IIIGHLANDS, UNIT 5, according to the plat thereof es recorded in Plat Book 5 on Page 102 of the Public Records of Indian River County, Florida.  BOUNDARY AND PLOT PLAN SURVEY FOR BURGOON-BERGER CONST.[ JOHN J. DEMARTINI b No. 88-1470 eld Book No. O025-O19 BREVARD SURVEY]NG, INC. 1402 Norman St. NB Suite ! Palm Bay. Fla. 32q07 SURVEYOR'S NOTES: O Denotes set 5/8" I. Rod (1783). Bearings based on record plat. Property lies within FLOOD ZONE "C", according to FIRM MAP of Sebastian, Florida, Corm,unity- Panel Number 120123 0005 B. Elevations based on assumed datum. ALSO CERTIFIED TO: Professional Title Of Indian River CERTIFICATION the ..der~,lan,.d ReElers. red I, and .el.tva?or. certlr7 that vtaJnn n~d ~hfll tn the beat of ~y knowledge a.~ belief I~ correct repra~enlatlnn er the lands shnvn end described Dnt. e or Field Survey: p~/~ NOT VALID UNLESS EMBOSSED WITH SURVEYOR'S S~AL. Raymond D. MercPr, P{.S J Project Name: HOMF. OF I~F. UCAN ISLAND ABANDONMENT OF EASEMENT Staff Report Requested Action: Abandonment of the side public utility and drainage easements located on the western five (5) feet of Lot 9 and the eastern five (5) feet of the .eastern ½ of Lot 8, Block 170, Sebastian Highlands Unit 5, less the northern most ten (10) feet thereof. Project Location: a. Address: b. Legal: Project Owner: a. Name: b. Address: Project Agent: a. Name: b. Address: 1082 Blossom Drive Lots 9 & E lA of 8, Block 170, Sebastian Highlands Unit 5 Alex Tesluk 1082 Blossom Drive Sebastian, Florida 32958 City of Sebastian, Growth Management Department 1225 Main Street Sebastian, Florida 32958 Project Description: a. Narrative of proposed action: Application has been made for abandonment of the side public utility and drainage easements platted on the western five (5) feet of Lot 9 and the eastern five (5) feet of the eastern lA of Lot 8, Block 170, Sebastian Highlands Unit 5, less the northern most ten (10) feet thereof. The property owner is granting an easement along the western five (5) feet of the eastern lA of Lot 8. e b. Zoning: RS-10 c. Future Land Use: LDR d. Existing Land Use: Single-family dwelling on Lot 9 Utilities Comments: a. Florida Power & Light: approved b. Southern Bell: approved c. AT&T Broadband: approved d. Indian River County Utilities: approved e. City Engineer (drainage): approved ge e Growth Management Comments: A previous Abandonment of Easement reviewed and approved by City Council (1/22/03, R-03-04, see attached minutes) met the condition of having easements granted along the new property line from the division of Lot 8 from both property owners (see attached 'Grant of Easement's). After a review by the City Engineer, and in keeping with uniformity of having the utility easements on the exterior property lines, it was the City's request to the property owner of Lot 9 to abandon the interior easements (see attached diagram). The property owner agreed. Staff Recommendation: Approve Resolution R-03-15. Prepared by Regular Ci~ Council Meeting Januaw22,2003 Page Four DRAFT item D Mr. Hill asked about the city's utility report stating that 5 foot of easement would be needed on both sides of the dividing line. The Growth Management Director stated he would vedfy that 5 foot would be available from the adjoining lot. The City Attorney responded that until the lot is used the easement could be required but it may remain vacant and council may grant approval upon the condition of requiring a 10 foot easement. The Growth Management Director stated the easement on the vacant lot may be in existence and that approval could be conditional if there is an easement and if there is not, a 10 foot easement would be required. Mr. Hill also asked about the meter boxes which would have to be relocated at the owner's expense. MOTI O,N by Hill/Coniglio '-'"% I would be inclined to approve this under the stipulation that if the owner of lot 8, block 170 does not have a 5 foot easement along that portion of the (~_ property line, then we would require a 10 foot easement on lot 8, block 170 ( actual western half." ROLL CALL: Mr. Hill - aye Mr. Barczyk - aye Mr. Coniglio - aye Mr. Majcher - aye Mayor Barnes - aye Roll Call Carried 5-0 8. COMMITTEE REPORTS/RECOMMENDATIONS - none None. 9. PUBLIC HEARING - none 10. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda - sign-up required- limit of 10 minutes each speaker Lynn Mueller, 116 Albia Ddve, Sebastian, spoke on visits in her neighborhood from members of EcoTroop. She read from a prepared statement expressing concern for the approach used by school representatives, whether it ethical, a~ stated that people in her neighborhood want to understand the need for 15 14 13 12 10¸ 8 9 15 1 ,10 ' I I 15 14 13 ~ 12 11 ~10 5 6 "'-7 · 9 GRANT OF EASEMENT This Grant of Easement entered into this /~,c[~ day of ~uA-~e.',/ ,2003 , between Alex Tesluk, 1082 Blossom Drive, S~an, Florida (hereinafter c-'~-i~-ed GRANTOR) and the City of Sebastian, Florida, 1225 Main Street, Sebastian, FL 32958 (hereinafter called GRANTEE) sets forth as follows: THAT IN AND FOR consideration of abandonment of other easements and other valuable considerations, GRANTOR hereby gives to GRANTEE an easement for drainage and utility purposes, for the exclusive use of the lands hereto, over the following real property situate in Indian River County, Florida: The westernmost five (5) feet of the eastem half (1/2) of Lot 8, Block 170, Sebastian Highlands Unit 5. This Grant of Easement is for the benefit of the public. This easement shall be binding on the heirs, beneficiaries and assigns of the parties and shall run with the land. IN WITNESS WHEREOF, I have hereunto set my hand this ~ ~? day of t// tre ,20 Witness Grantor State of Florida County of Indian River: BEFORE ME, the undersigned authority, this day personally appeared ,4t.~ -r'e--'~t.u~K. , who first by me being sworn, says that she is the GRANTOR set forth above and has read the GRANT OF EASEMENT and voluntarily and with full authority entered into the same, and i~'~.onally known~~~'~o~ r has produced ~.~. b~tt>. I..I C. as identification this ~r.. day of-~'}'bu~. , 20 o~ GRANT OF EASEMENT IN THE RECORDS OF JEFFREY K. BARTON CLERK CIRCUIT COURT INDIAN RIVER CO.,FLA. This Grant of Easement entered into this o~ o day of d/4,,ac,',a,~F, 20 o .2, between Yoko Saito, 912 Chelsea Avenue, Sebastian, Florida (hereinafter called GRANTOR) and the City of Sebastian, Florida, 1225 Main Street, Sebastian, FL 32958 (hereinafter called GRANTEE) sets forth as follows: THAT IN AND FOR consideration of abandonment of other easements and other valuable considerations, GRANTOR hereby gives to GRANTEE an easement for drainage and utility purposes, for the exclusive use of the lands hereto, over the following real property situate in Indian River County, Florida: The easternmost five (5) feet of the western half (1/2) of Lot 8, Block 170, Sebastian Highlands Unit 5. This Grant of Easement is for the benefit of the public. This easement shall be binding on the heirs, beneficiaries and assigns of the parties and shall run with the land. IN WITNESS WHEREOF, I have hereunto set my hand this ,20 '3. Witness day of Grantor State of Florida County of Indian River: BEFORE ME, the undersigned authority, this day personally appeared ),~/c'o 5'c~/-/--c, , who first by me being sworn, says that she is the GRANTOR set forth above and has read the GRANT OF EASEMENT and voluntarily and with full authority entered into the same, and is personally kno~w/n, to m_e. or has produced 8TARE OF FLORIDA INDIAN RIVER COUNTY THIS IS TO CERTIFY THAT 11'!19 ffi A TRUE AND CORRECT C~)PY OFT HE ORIGINAL ON FILE IN,,Tf.J~.,.OFFICF- as identification this ~,2o day of ~),q,,~/,qa~. , 20 0.~ Notary Public, State of Florida My commission expires: City of Sebastian Development Order Application Permit Application No. Applicant (If not owner, wrftten authorization (notarized) from owner is required) Name:_ ~LL_~-~ Address: Phone Numben (?7::z_) E-Mail: FAX Numben ( ) - Owner {If different from applicant) Name: Address: Phone Number:. ( ) - FAX Number:. ( ) - E-Mail: Type of permit or action requested: PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 81/2" BY 11" COPIES OF ANY A~I'ACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project's Name (if applicable): B. Site Information Address: Lot:_ Block: Unit: Subdivision: Indian River ~n~ Panel ~ ~i~ing Use: '~ R ~ -~ Proposed Use: C. D~cdption of ~opose~iv~ and pu~ose of the ~que~ed pe~it or a~ion (a[~ch ax[,~ shee~ if Page f of 3 Developmen~ Appli~don j Form CD..200'1 Approved: 08127/97 Revision: FTle Name: Doa Permit Application No. D. Project Personnel: Agent: Name: Address Phone Number;. ( ) FAX Number. ( ) E-Mail: Attorney: Name: Address Phone Number;. ( ) FAX Number. ( ) E-Mail: Engineer: Name: Address Phone Number. ( ) - FAX Number. ( ) E-Mail: Surveyor: Name: Address Phone Number. ( ) - FAX Numben( ) - E-Mail: [, ~.~_-../~ "~'~_~-~'~..-(J~ , BEING FIRST DULY SWORN, DEPOSE AND ~Y ~% [ ~ ~E OWNER AM ~E ~GAL REPRESE~A~VE OF THE OWNER OF ~E PROPER~ DESCRIBED WHICH IS ~E $U~ECT ~R OF ~IS APPUCA~ON, AND T~T A~ ~E INFOR~QN, ~P$," DATA AND/OR S~CHES PRODDED IN ~IS APPUCA~ON ARE ACCU~ AND ~UE TO ~E BEST QF ~ ~OW~DGE AND BEMEF, SIGNA~RE ' - DA~ ~ORN TO AND SUB--ED BEFORE ME BY ~~ ~ WH~RSONA~~~ME OR PRODUCED* P~ bye' L[ ~ ' ASIDE~FICA~ON, ~lS ~ DAYOF ~~_ , ~~ ~ PRIN~D N OF NOTARY ~O~~- ~ ~' I ~ Approve: 0~7/97 I Revision: I Fiie Name: Doa Permit Application No. Supplemental Information Easements, vacation of Descdbe the easement to be vacated (provide a legal description, if possible): © o Why is this vacation of an easement being request?. , % 3. Attach a survey showing the location of the property lines, all easements and all structures on the property. , Form CD-2009 Approved: 8/27/97 Page f of ~ t Vacation of Easements Revision: I File Name: Sieasev ~-~:r~. ~ 4. E003 4: I~PM BLD~ DEPT SE~RS~ IRN NO, 1~3 P. ~/E 1226 ,~,~IN ~REET · ~EBA~TIAN, FLORIDA 32958 TEL~PHON! (772) ~9.$.,q18, FAX: {772) BJIOUZST FOR ABANDONME:~T OI~ ~.~SE.~iE~_'~I_ ' F~ruary 14, 2003 DescHatioa of_Easement to be loca~d on ~ west~ five (5) f~t of Lot 9 ~ ~e e~m five (5) feet of the ~c~ ~/~ cf Lot 8, Bio& 170, $~b~m Hi~m~ Locadon_oLEasemea.t: 1082 Blossom Drivz, S(".basfim, b"loridm UTILITY: ffPsitro Rubiera,.FPL APPROVED:~ APPROVED/DENrl~D BY: FAX NO: (772) 489-6224 DATE: ~~_~~ (signature) COMMENTS: Return to: Dorri Boswonh, C./ty cfIicb~.saari, Growth Marmgeme~t Departrncat Fax No. (772) 589-2~66. 8I:8I 5G158~2566 BLDG DEPT ~STIRH H0.~65 Fa.lx~ 1225 MAIN ~i'REET · SEBASTIAN, FLORIDA TELEPHONE (772) $89-.~18. FAX (772} R_~OUEST FOR ,~R .~,I~.ONMI~,~ OF_EASEMENT MAR 0 4 200~ Fgbruary 14, 2003 Desc~tion .o. fJ~ase~ent_to be_abandoned: Tb~ side public u~Lty and drainage Iocated on the western five-(5) feet of Lot 9 and the eastern five (5) fe~t of the eastern of Lot 8, Block 170, Sebastian Highlands Unit ii, less the northern most ton (10) feet thereof, L.ocatioo of Ease3neng: UTILITY: APPROVED: APPROVED/DENIED BY:~~~~--~ 1082 Blossom Drive, Sebastian, Florida Kirk W~ Bell South FAX NO: T72-~66-56S1 COMMENTS: Dorri Bo~wor~h, City of Sebastian, Growth Management D~artment Fax No. (772) 58g-2566. £0/$'0/£0 02/20/03 TE[T.T 17:06 F~.~ $61 $67 8449 T¢I CA.~LEVI$ION ~001/001 Mar 26 03 1 i: S4a MAR. ?.200B lZ:S6Ptl Indian River Utilities ??2 ??0 5143 BLDG DEPT SEBASTIAN hD. 53B P. 3/4 p.1 MAIN STR£ET · SEBASTIA. ti. FLORIDA TE~.EPHONE (772] 589-S$1g · FAX [772) ~89-25&6 B~EOUESTFOR ABANDONMENT OF February 14, 2003 D~soripflon of Easement to be abandoned,,,: The side public ut/lity ~uc~ drainage ~asements located on-the western five ($) f~et of Lot ~ and th~ east=m five (5) fcct of the eastern of Lot g, Block 170, Sebastian Highlands Uni~ 5, less the northern most ten (10) feet thereof. Location of Easement~: 1052 Blossom Drive, Sebasti~:, Flor/da ~'AX NO: 770-5143 APPP,.OVED: ~ DElq~D: _ , , DATE:_ ~'~ COMMENTS: Don'i Bo~veorth~ City of Sebastian, Growth Managemen'~ Department Fax No. (772) 589-2566. ~ ~-~. 14. E003 ]~L_IJL.4 UI"D' I 5k_ldH51 141 ~22~ MAIN STREET m SEBASTIAN, FLORIDA 32958 TELI~PHONE (772} $89-$$18 · FAX (772) 589-2566 REOUEST FOR ABANDONM1iINT OF EASEMENT FebrumT 14, 2003 Descriotign__ef_Easem_e_n_t to be abandon_ed: The sid~ public utility and d~imge easam~uts located on the western five (5) f~t of Lot 9 ~ud the e~stem five (5) feet of thc eastern of Lot 8, Block 170, Sebastian Highlands Unit 5, less thc northern most ten (10) feet fl~ereof, Location of Easement-' 1082 Blossom DriVe, Sebasti~a, Florida UTILITY: David Fisher, City Engineer FAX NO: 589-6209 APPROVED: ~ DENIED: DATE:.D,-7& tO: Dorri Bosworth, City of Sebastian, Growth Management Department Fax No, (772) 589-2566, HOM~ OF I~.~ ISLAND City of Sebastian, Florida Subject: Resolution No. R-03-16 Vacation of Easement - Fink Lots 20 & 21, Block 83, Sebastian Highlands Unit 2 Approved for Submittal by: Agenda No. Department Origin: Date Submitted: For Agenda of.' Growth Manage (T~H) 4/02/03 4/09/03 Exhibits: 1) R-03-16 2) Site Map 3) Staff Report EXPENDITURE REQUIRED: None AMOUNT BUDGETED: None 4) Application 5) Utility Letters IAPPROPRIATION REQUIRED: None SUMMARY This is a request for a vacation of the side public utility and drainage easements located on the western most five (5) feet of Lot 20 and the eastern most five (5) feet of Lot 21, Block 83, Sebastian Highlands Unit 2, [643 Chesser Avenue] less the southern most ten (10) feet thereof. The applicant wishes to pipe and extend his existing drainfield to correct his faulty system. RECOMMENDED ACTION Adopt Resolution No. R-03-16. RESOLUTION NO. R-03-16. A RESOLUTION OF TFIE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 20 AND 21, BLOCK 83, SEBASTIAN HIGHLANDS UNIT 2; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR EFFECTIVE DATE. WHEREAS, a permit is sought for construction of an additional drainfield to a single- family residence at 643 Chesser Avenue within the City of Sebastian; and WHEREAS, the owners of the land upon which said improvements shall be built have filed a request for abandonment of the public utility and drainage easements along the interior lot lines of the site; and WHEREAS, the providers of telephone, electric, cable, water, and drainage utilities have all consented to abandonment thereof; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. VACATION OF EASEMENT. Sebastian does hereby vacate, abolish, abandon and The City Council of the City of discontinue all of that portion of land previously dedicated for a public utility and drainage easement described as follows: The western most five (5) feet of Lot 20 and the eastern most five (5) feet of Lot 21, less the southern most ten (10) feet thereof, all being in Block 83, Sebastian Highlands Unit 2, as recorded in Plat Book 5, Pages 34 thru Page 37, of the Public Records of Indian River County, Florida, all located within the City of Sebastian, Indian River County, Florida. Section 2. CONFLICT. herewith are hereby repealed. Section 3. RECORDING. records of Indian River County, Florida. Section 4. upon its adoption. The foregoing EFFECTIVE DATE. All resolutions or parts of resolutions in conflict This resolution shall be recorded in the public This resolution shall take effect immediately Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Walter Barnes Vice Mayor Ray Coniglio Councilmember Joseph Barczyk Councilmember James A. Hill Councilmember Nathan McCollum The Mayor thereupon declared this Resolution duly passed and adopted this CITY OF SEBASTIAN, FLORIDA ,2003. day of By: Walter Barnes, Mayor ATTEST: Sally A. Maio, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attomey I .I I! I ii I I! ! ~)NllAlal-I ,O0'(:]Z L 'pi ~J 'd '~1 ~ 'd ,00'~/~ .0{.~ Io00 ~ ~AmO '~N 03 ,I,9'gZ I~ON /~ ,,OE,E toO0 S '3'0 -~'n'd ,g ~NI1 JO1 ~NO3~f .O'K£ ,1'9(~ ~ ~ '3NO3 ,O0'(:j~ ::J .O£,E I. o00 N N.~ O0 e e ABANDONMENT OF EASEMENT Staff Report Project Name: Requested Action: Extended drainfield for Dennis Fink Abandonment of the side public utility and drainage easements located on the western most five (5) feet of Lot 20 and the eastern most five (5) feet of Lot 21, Block 83, Sebastian Highlands Unit 2, less the southern most ten (10) feet thereof. Project Location: a. Address: b. Legal: Project Owner: a. Name: b. Address: Project Agent: a. Name: b. Address: Project Description: 643 Chesser Avenue Lots 20 & 21, Block 83, Sebastian Highlands Unit 2 Dennis & Theresa Fink 643 Chesser Avenue Sebastian, Flor/da 32958 drainfield to correct his current faulty system. b. Zoning: RS-10 c. Future Land Use: LDR a. Narrative of proposed action: Application has been made for abandonment of the side public utility and drainage easements platted on the western five (5) feet of Lot 20 and the eastern five (5) feet of Lot 21, Block 83, Sebastian Highlands Unit 2, less the southern most ten (10) feet thereof. The applicant wishes to pipe and extend his existing o ge de Utilities Comments: Existing Land Use: Single-family reSidence constructed in 1994 a. Florida Power & Light: approved b. Southern Bell: approved c. AT&T Broadband: approved d. Indian River County Utilities: approved e. City Engineer (drainage): approved Zoning Technician Comments: Staff Recommendation: Approve Resolution R-03-16 Prepared by ~'~"'~ Date City of Sebastian Development Order Application Permit Application Ne. Applicant (If not owner, written authorization (notarized) from owner is required) Name: Address: Phone Number:. ( ~ ?- ) 3-,S'~' - 3 / 3 o FAX Number:. ( ) E-Mail: Owner (If different from applicant) Name: Address: Phone Number. ( ) - FAX Number. ( ) E-Mail: IType of permit or action requested: PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE. A'i-i'ACHED AND 81/2" BY 1 1" COPIES OF ANY A't-I'ACHMENTS SHALL BE INCLUDED. A'I-J'ACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project's Name (if applicable): ~ot..~ ~_ ~_.,;~L~_~&~-/"~ B. Site Information Address: ¢' q" 3 C/t--~5¢,,- Lot: Block,: Unit: Subdivision: Indian River County Parcel ~. ~l-3~-01- 00063 - Zoning Classification: Future Land Use: Existing Use: /') /0 /'~ , ~ Proposed Use: I (,_N, ' it C. Description of proposed a'c~ivity and purpose of the requestea perm or action (a~ach e×ba sheets if necessary): 4~,~s~ ~o~ ,~6.~uoo,o,,~,,.,'r o,~ ~,~.s~,.,~.'.''r FEE PAID: ~~..~ Form CD-200~ Approved: 08127197 Page ~ of 3 Revision: Development Application IF Tie Name: Doa Permit Application No._ D. Project Personnel: Agent: Name: Address Phone Number:. ( ) FAX Number:. ( ) E-Mail: Attorney: Name: Address Phone Numben ( ) FAX Numben ( ) - E-Mail: Engineer: Name: Address Phone Number:. ( ) FAX Number. ( ) - E-Maih Surveyor: Phone Number:. ( ) FAX Number. ( ) - E-Mail: I, pa~ot~> ~J¢.._ , ' BEING FIRST DULY SWORN, DEPOSE AND SAY THAW I AM THE OWNER AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPER'Pr DESCRIBED WH, ICH IS THE SUBJECT MATTER OF THIS APPUCATION, AND THAT ALL THE INFORMATION, MAPS,' DATA AND/OR SKETCHES PROVIDED IN THIS APPUCAT~ON ARE ACCU~TE AND TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. SIGNATURE £ DATE SWORN TO~3-S~ED BEFORE ME BY ~=~J J~l ~ t~- 1~[~ ~- ~~t~'~tOWN TO ME OR FROOUCED AS IDENTIFICATION, THIS ,~ NOTARY'S SIGNATURE PRINTED NA~ME-~NOTARY C O MMIS~3'~N NO.J~,.XPIRATION Approved~. 08/27/97 Pa~'e 2 of 3 Revision: Development ApplicaEon File Name: Doa Permit Application Ne. The following is required for ali comprehensive plan amendments~ zoning amendment (including rezoning), site plans~ conditional use permits, special use pernlits~ variances, exceptions~ and appeals. I/WE, ~ THE OWNER(S) THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PRO~=ERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLJCATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE ~l~q~ (~c:~,.~(jp..l L_. BOARD/COMMISSION OF THE CFI'Y OF SEBASTtAN (THE 'BOARD"/"COMMISSION') TO PHYSICALLY ENTER UPON THE PROPERTY AND V~EW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. I/WE HEREBY WAIVE ANY OBJECTION OR DETENSE I/WE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WAIVER AND CONSENT IS BEING SIGNED BY MF_/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMI/~ES MADE, BY ANY EMPLOYEE, AGENT, CON'TRACTOR OR OFFICIAL OF THE CiTY OF SEBASTIAN. glGNATURE DATE Sworn to a~cLsub$cdbed before me by /%~'-~tu[~ ~. F-i/U/4.. w~m~e or produced~ a~ ~day of ~~ ~ ~ Printed Name of Nota~ ~~ ~. ~~ Commi~ion No./~piration ;~'~%DOROTHY M. BOSWOR~ ~ Seal: ~ ~. ~ co~o~, cc 9~0~s ~ '~0F ~ ~PI~S: Jun ~, 2~ ~ IForm CD..200'1 Approved: 0g/27/97 Pa<je 3 of 3 Revision: Development AppficatJon File Name: Doa Permit Application No. Supplemental Information Easements, vacation of 1. Describe the easement to be vacated (provide a legal description, if possible): J, o Why is this vacation of an easement being reqUest?. 3. Attach a survey showing the location of the property lines, all easements and all structures on the property. , Form CD-2009 Approved: 8/27/97 Page f of '1 Revision: IVacation of Easements J File Name: Sieasev 1225 MAIN STREET · SE6ASTIAN, FLORIDA TELEPHONE [?72) 589.551E · FAX (772) .~89-25&6 _,I~OUEST FOR ABANBONM~NT OF EA~EI~ENT March 7, 2,003 I)eecriGtion of r, aaeme~t to be ab,e,u.d_oned: Th~ wem~ mo~ five (S) ~et of' Loc 20 and eamu:~'u raost fiv= (5) io~ of Lot 21, Block 83, Scb~"dm~ Hi{~dm~l~ Unit 2, lugs ,Ac southern mos: tea (I O) feet thereof. Locxfion of Easement: 643 C]~ssc .a.v~uuc, ~cbufim'4 Florida UTILITY: COMMENTS: Ret'Llrll Dorri BoswortlL Ctty of Sebasdan, Grow%b Managezneat Department Fax No. ~72) 589-2566. Mar lB 03 11: MAR. ?.2~3 1E:56PM Indian River Utilities 772 770 S143 BLDG DEPT SEB9%STI~ ~0.533 P. 1/4 p.1 HOM~ O~ ~ fSI.AND 1225 MAIN STREET · SEBASTIAN, FLORIDA 32958 TELEPHONE (772)..~9.$$'t8 · FAX (7721 $89.2566 REQUEST I?OR AB _ANDONM'~F~r OF EA_SEMENT March 7, 2003 ~esc_ril~tion of Ea!e,.ment to be abandoned: Thc western most £ve (5) feet of Lot 20 and the ~astern most five (5) feet of Lot 21, Block 83, Sebastian Highlands Unit 2, less the southern most ten (10) feet ~er~f. Locsti.on.of Easement,: 643 Chesser Avenue, Scbastia~, Florida UTILITY: Kevin N. Osthus, I.R.C. Utilities FAX NO: APPROVED: ~~ . DHNIED~~ APPROVED/DENItiD B .Y~~ (si~'imr~) COMMENTS: 770-~143 DATE:~ Rctum to: Dorri Bosworth, City of Sebastiari, Growth Management D ~. - ~' . :.~ i~: ..? FaxNo.(772) 589-2566.. eP~?;r~ H~/~/ .,." 03/i$/03 TUE 09:04 F~q. ?.~00~ 772 567 8449 C0~CAST BLDG DEPT SEBDSTI~ ~ 00~/003 P.1/E HOb~ I~ FF.I.~C&N IST, At~ 122.e MAIN STREET · SEI~ASTIAN, FLORIDA 3295~ TELEPHONE [772) g8~-.~18. FAX [772] 589-2$A6 March 7, 2003 Deserla~.o.n af Easement to be_ab-ndoue~: Thc we.s~em me;t five (~ fe~ of ~t 20 ~d ~e ~ mo~ five (~ f~t of ~t 21, Block ~3, Seb~fi~ Hi~ U~it 2, l~s ~c sou~ most m~ (1 O) ~et ~t Locatiol~ ofEasem.e, nt: 643 Chcsser Avenue, Scba.qian, Florida FAX NO: 778-9635 Sb~t'um to: Dom' Bomvonh, City ofScbasti~u, Orowth Management Departm=ut F~x No. (772) 589-2566. 5~1589256& d: dgWM BLD~ D~'PT SEBASTIAM MO. 9~6 P. lx2 MRR.25.~3 1225 MAIN STREET · SEBA~'TIAN. FLORIDA ~295B TELEPHONE (772) 5B?-S518 · FAX (772) .~9-2.q&6 REOLrE_ST FOR ARANDON'MENT OF EASEM3/:NT March 7, 2003 D. es.¢ription of Easement to be aban~d.o.,ned: The wesmm most five C5) £egt of Lot 20 and the eastern most five C$) f~ct of Lot 21, Block 83, Sebastian Hi~hla. ud~ Unit 2, l~$s the southern most ten (10) feet thereof, Location_of Easement: 643 Chcascr ^v~nue, Sebsst~an, Florida UTILITY: APPROVED:_ ~:., ~ENIED By: Kirk Walker, Bell South FAX NO: 772466.5651 Dorri Bos~vorth, City of Sebastian, Crtowth Manag~t Department Fax No, (772) 589-2566, BED~ DF_PT SEBASTIA~ 1225 MAIN STREET · SEBA~rlAN, FLORIDA TELEPHONE {T72) $89-&518 · I=AX (772) REOL~EST FQR.ABANDO~ O~ E_~E~NT_ Marea 7, 2003 D~eset'iotJoa_o~'_Easomen! robe abandoned: most five .(5) f~et sou~em most ten (10) fe~ Location of E~.ement: 643 Chesaer Avmae, Scba~an, Flor/da UTILITY: Pedro Rublera, FI~I. APPI{OV~D: j Dt~N!ED: A P PROVBD/DEN135D BY:~ (signature) COlVf.~,~NTS: FAX NO: (772) 489-~224 Dom Bosworth, City of Sebastian, Growth Management Depazl~lent Fax No, (772) $I~9-2566. RAR '~ g 'Zl][13 >.11~ ~T~n~ T~7 ./J 7/7~T S£BASTIAN HOME OF PF~IGAN ISLAND City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject Authorization for City Clerk Travel to FACC Annual Conference Ft. Lauderdale- June 15-18, 2003 Agenda No. ~).~. LO '7~ Department Origin: City Clerk.~Vv~ Date Submitted: 4/2/03 Exhibits: FA~"C Conference Information Expenditures Required Training/Education: $165 Travel: Hotel - $ 345 Rest to be determined Amount Budgeted: Tra n n.q/Education: $ 885 Travel: $ 2,083 Appropriation Required: None SUMMARY STATEMENT In accordance with Code of Ordinances Section 2-77, Charter Officers are required to receive approval from City Council prior to travel. The Florida Association of City Clerks will hold its annual conference in Ft. Lauderdale from June 15-18, 2003. Conference information is attached for your review. RECOMMENDED ACTION Move to authorize City Clerk travel to the FACC Annual Conference in Ft. Lauderdale June 15-18, 20O3. HOME OF PEUCAN ISLAND Subject: Master Street Lighting Maintenance Agreement Agenda No. 03_,__0_~_~ _ Department Origin: Date Submitted: 4/4/03 For Agenda of: 4/09/03 Exhibits: State of Florida Department of Transportation State Highway Lighting, Maintenance and Compensation Agreement. EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION N/A N/A REQUIRED: N/A SUMMARY The Florida Department of Transportation is requesting that the City of Sebastian adopt the attached agreement since the process and procedure for maintaining street lights has been revised to permit the State to reimburse local governments for those street lights, which are maintained on State roads. Reimbursement will be implemented on a phased-in basis and should be fully funded in the third year. The City is currently responsible for 47 lights and the funding available for reimbursement in the first year is $1,755.00. RECOMMENDED ACTION Move to authorize the City Manager to execute the State Highway Lighting, Maintenance and Compensation Agreement between the State of Florida Department of Transportation and the City of Sebastian. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION AGREEMENT 710-010-30 UTILITIES 02/03 Page 1 of 5 THIS AGREEMENT, entered into this day of , year of , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "FDOT", and CITY OF SEBASTIAN , hereinafter referred to as the "MAINTAINING AGENCY"; WITNESSETH: WHEREAS, the MAINTAINING AGENCY has the authority to enter into this Agreement and to undertake the maintenance and operation of lighting on the State Highway System, and the FDOT is authorized under Sections 334.044, Florida Statutes and 335.055, Florida Statutes to enter into this Agreement; and WHEREAS, the MAINTAINING AGENCY has authorized its undersigned officers to enter into and execute this Agreement, and has designated the officer(s) authorized to receive and respond to the FDOT's work orders; NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the FDOT and the MAINTAINING AGENCY hereby agree as follows: 1. Maintenance of Facilities The MAINTAINING AGENCY shall maintain all the lighting now or hereafter located on the State Highway System within the jurisdictional boundaries of theMAINTAINING AGENCY, hereinafter referred to as the "Facilities," throughout its expected useful life. For the purposes of this Agreement, the term Facilities shall be deemed to include, but not necessarily be limited to, lighting for roadways, as well as park and ride, pedestrian overpasses, and recreational areas owned by or located on the property of the FDOT, but shall exclude those systems listed in Exhibit "A" attached hereto and by this reference made a part hereof, and shall exclude lighting located in weigh stations, rest areas, or on Interstate highways. In maintaining the Facilities, the MAINTAINING AGENCY shall perform all activities necessary to keep the Facilities fully operating, properly functioning, with a minimum of 90% of the lights burning for any lighting. type (ex. high mast, standard, underdeck, sign) or roadway system at all times for their normal expected useful life in accordance with the original design thereof, whether necessitated by normal wear and tear, accidental or intentional damage, or acts of nature. Said maintenance shall include, but shall not be limited to, providing electrical power and paying all charges associated therewith, routine inspection and testing, preventative maintenance, emergency maintenance, replacement of any component parts of the Facilities (including the poles and any and all other component parts installed as part of the Facilities), and locating (both vertically and horizontally) the Facilities, as may be necessary. c. All maintenance shall be in accordance with the provisions of the following: (1) Manual of Uniform Traffic Control Devices; and, (2) All other applicable local, state, or federal laws, rules, resolutions, or ordinances, and FDOT procedures. For lighting installed as part of an FDOT project, the MAINTAINING AGENCY's obligation to maintain shall commence upon the MAINTAINING AGENCY's receipt of notification from the FDOT that the FDOT has finally accepted the project, except for the obligation to provide for electrical power, which obligation to provide for electrical power shall commence at such time as the lighting system is ready to be energized; provided, however, that the MAINTAINING AGENCY shall not be required to perform any activities which are the responsibilities of FDOT's contractor. e. The continuing obligations under this paragraph 1 beyond the first fiscal year hereof are subject to the voluntary negotiation of the amount to be paid as set forth in subparagraph 2b hereof. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION 2. Compensation and Payment 710-010-30 UTILITIES 02/03 Page2 of 5 The FDOT agrees to pay to the MAINTAINING AGENCY a lump sum of $ 1,755.00 for the fiscal year in which this Agreement is signed (fiscal year as referenced in this Agreement shall be FDOT's fiscal year). For each future fiscal year, the FDOT and the MAINTAINING AGENCY shall agree on the amount to be paid prior to the fiscal year beginning. The FDOT will issue a work order confirming the amount and authorizing the performance of maintenance for each new fiscal year. Invoices may be submitted anytime after May 19thof the fiscal year in which the services were provided, but no later than 180 days after the end of said fiscal year. Payment shall be made in one lump sum as provided in paragraph 4 hereof. d. Payment shall be made in accordance with Section 215.422, Florida Statutes. Bills for fees or other compensation for services or expenses shall be submitted in a format acceptable to the FDOT and in detail sufficient for a proper pre-audit and post-audit thereof. Record Keeping The MAINTAINING AGENCY shall keep records of all activities performed pursuant to this Agreement. The records shall be kept in a format approved by the FDOT. Records shall be maintained and made available upon request to the FDOT at all times during the period of this Agreement and for three (3) years after final payment for the work pursuant to this Agreement is made. Copies of these documents and records shall be furnished to the FDOT upon request. Invoicing Upon receipt, the FDOT has five ('5) working days to inspect and approve the goods and services. The FDOT has twenty (20) days to deliver a request for payment (voucher) to the Department of Financial Services. The twenty (20) days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. If a payment is not available within forty (40) days, a separate interest penalty at a rate as established pursuant to Section 215.422, Florida Statutes, shall be due and payable, in addition to the invoice amount, to the MAINTAINING AGENCY. Interest penalties of less than one (1) dollar shall not be enforced unless the MAINTAINING AGENCY requests payment. Invoices returned to a MAINTAINING AGENCY because of MAINTAINING AGENCY preparation errors shall result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the FDOT. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for contractors/vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 410-9724 or by calling the Chief Financial Officer's Hotline, 1-800-848-3792. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual approPriation by the Legislature. In the event this Agreement is in excess of $25,000 and has a term for a period of more than one (1) year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: The FDOT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during suchfiscal year. Any contract, verbal or written, made in violation of this subsection shall be null and void, and no money may be paid on such contract. The FDOT shall require a statement from the Comptroller of the FDOT that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one (1) year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of the FDOT which are--.. for an amount in excess of $25,000 and which have a term for a period of more than one (1) year. o STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION AGREEMENT 710-010-30 UTILITIES 02/O3 Page 3 of 5 The FDOT will provide a copy of the statement referenced above to the MAINTAINING AGENCY. Default In the event that the MAINTAINING AGENCY breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in this Agreement, the FDOT may exercise one or more of the following options, provided that at no time shall the FDOT be entitled to receive double recovery of damages: a. Pursue a claim for damages suffered by the FDOT or the public. b. Pursue any other remedies legally available. As to any work not performed by the MAINTAINING AGENCY, perform such work with its own forces or through contractors and seek reimbursement for the cost thereof from the MAINTAINING AGENCY if the MAINTAINING AGENCY fails to cure the non-performance within fourteen (14)days after written notice from the FDOT of the non-performance; provided, however, that advance notice and cure shall not be preconditions in the event of an emergency. Indemnification The MAINTAINING AGENCY, to the extent allowed by Section 768.28, Florida Statutes, shall indemnify, defend, save, and hold harmless, the State, the FDOT, and all of their officers, agents, and employees from all suits, actions, claims, demands, and liabilities of any nature whatsoever arising out of, because of, or due to breach of this Agreement by the MAINTAINING AGENCY, its subcontractors, agents, or employees or due to any act or occurrence of omission or commission of the MAINTAINING AGENCY, its subcontractors, agents, or employees. Force Majeure .Neither the MAINTAINING AGENCY nor the FDOT shall be liable to the other for any failure to perform under this .Agreement to the extent such performance is prevented by an act of God, war, riots, natural catastrophe, or other event beyond the control of the non-performing party and which could not have been avoided or overcome by the exercise of due diligence; provided that the party claiming the excuse from performance has (a) promptly notified the other party of the occurrence and its estimate duration, (b) promptly remedied or mitigated the effect of the occurrence to the extent possible, and (c) resumed pedormance as soon as possible. Miscellaneous The FDOT shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The MAINTAINING AGENCY shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the MAINTAINING AGENCY in conjunction with this Agreement. Failure by the MAINTAINING AGENCY to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the FDOT. This Agreement constitutes the complete and final expression of the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, or negotiations with respect thereto. do This Agreement shall be governed by the laws of the State of Florida. Any provision hereof found to be unlawful or unenforceable shall be severable and shall not affect the validity of the remaining provisions hereof. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION AGREEMENT 710-010-30 UTILITIES 02/O3 Page 4 of 5 Time is of the essence in the performance of all obligations under this Agreement. All notices required pursuant to the terms hereof may be sent by first class United States Mail, facsimile transmission, hand delivery, or express mail and shall be deemed to have been received by the end of five (5) business days from the proper sending thereof unless proof of prior actual receipt is provided. The MAINTAINING AGENCY shall have a continuing obligation to notify each District of the FDOT of the appropriate persons for notices to be sent pursuant to this Agreement. Unless otherwise notified in writing, notices shall be sent to the following addresses: MAINTAINING AGENCY: CITY MANAGER CITY OF SEBASTIAN 1225 MAIN STREET SEBASTIAN, FL 32958 FDOT: 'DISTRICT MAINTENANCE ENGINEER 3400 WEST COMMERCIAL BOULEVARD FT. LAUDERDALE~ FL 33309-3421 PUBLIC ENTITY CRIME INFORMATION STATEMENT: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty six (36) months from the date of being placed on the convicted vendor list. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. i. Nothing herein shall be construed as a waiver of either party's sovereign immunity. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION AGREEMENT Certification 710-010-30 UTILITIES 02/03 Page 5 of 5 This document is a printout of an FDOT form maintained in an electronic format and all revisions thereto by the Maintaining Agency in the form of additions, deletions or substitutions are reflected only in an Appendix "Changes To Form Document" and no change is made in the text of the document itself. Hand notations on affected portions of this document may refer to changes reflected in the above-named Appendix but are for reference purposes only and do not change the terms of the document. By signing this document, the Maintaining Agency hereby represents that no change has been made to the text of this document except through the terms of the Appendix entitled "Changes To Form Document." You MUST signify by selecting or checking which of the following applies: No changes have been made to this Forms Document and no Appendix entitled "Changes To Form Document" is attached. O No changes have been made to this Form Document, but changes are included on the attached Appendix entitled "Changes to Forms Document." IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first written. MAINTAINING AGENCY BY: (Signature) (Typed Name: (Typed Title: .) ) DATE: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: (Signature) (Typed Name: (Typed Title: .) ) DATE: FDOT Legal Review BY: (Signature) (Typed Name: District Counsel DATE: HOM~ O~ PELtC~ ISLAND City of Sebastian, Florida Subject: CR-512 / Sebastian Blvd. Alleyway - Consolidated Change Order A~pproved for Submittal by: T ren~~ager Agenda No. {-]~. Uo I 0 Department ~n~neering Dept. Head:~'~ ~_~~.~ Finance: ~4J~-~ ~o b~t,~_ General Services: ~ '~ Date Submitted: 04/03/03 For Agenda of: 04/09/03 Exhibits: Change Order//2 with Exhibit "A" EXPENDITURE BUDGET REMAINING: APPROPRIATION REQUIRED: $13,843.62 $ 31,632.70 REQUIRED: $ None SUMMARY Dickerson Florida, Inc., as general contractor, has completed the CR-512 / Sebastian Boulevard Alleyway improvements in a timely and satisfactory manner. Near the end of the time period of their work, the City asked them to perform several additional items of work in the best interests of the project. In order to save time, we advised them we would consolidate and handle those additional items at a later time in the form of a final consolidated change order, done at the time we make a final as-built quantities adjustment as called for by the main body of the contract. Accordingly, these items are consolidated here as outlined below. 1. Expand width of alleyway at the comer of S. Wimbrow and alleyway to provide for better delivery vehicle access. Additional contract cost: $1,483.50 2. Install underground drainage culvert pipe at station 99+00 (wingwalls by City). Additional contract cost: $1,418.82. 3. Realign approximately 1100 LF of swale to provide safer slope adjacent to alleyway. Additional contract cost: $3,374.10 4. Adjust for actual as-built quantities under the main contract. Additional contract cost: $7,567.20 Total of above listed items #1 - #4:$13.843.62 RECOMMENDATION Move to approve final consolidated change order to Dickerson Florida, Inc., general contractor for improvements to the CR-512 / Sebastian Boulevard Alleyway, in the total amount orS 13,843..~. t~ "x~ CITY OF SEBASTIAN CItANGE ORDER ORM CHANGE ORDER #: #2 PROJECT NAME: Alleyway Improvements CONTRACTOR: Dickerson Florida PHONE #: 772-287-6820 ADDRESS: 3340 SE Dixie Highway Stuart, FI 34997 CONTRACT NA_M~: Alleyway Improvements CONTRACT DATE: October 28, 2002 By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein. Upon proper execution of this document, the Contractor is hereby notified to commence work. All changes stated below are hereby incorporated and made a part of Contract identified above, and all the terms and conditions of said Contract are enjoined and in full force while executing the change(s) stipulated as follows See attached Exhibit "A" Note: This is Change Order #2 to the Current Contract A) B) CONTRACT PRICE PRIOR TO THIS CHANGE NET INCREASE (DECREASE) RESULTING FROM TI~S CHANGE NEW CONTRACT PRICE INCLUDING THIS CHANGE ORDER CON'ITL~CT TIME PRIOR TO THiS CHANGE (NUMBER OF DAYS) NET INCREASE (DECREASE) RESULTING FROM THIS CHANGE (NUMBER OF DAYS) NEW COMPLETION DATE INCLUDING THIS CHANGE MO. DAY $ 293,120.8'7 $ 13~843.62 $306~964.49 N/A YR= AGREED: CONTRACTOR: Authorized Signature Date: CITY OF SEBASTIAN: Authorized City Manager Date: Approvals B~, City of Sebastian: City Engineer ~ Finance Director City Attorney General Services Admin. as to engineering as to budget as to legal as to contract/procurement ATTEST: Sally A. Maio, CMC, CItyCierk City of Sebastian, Florida Subject: Road Closures and Park Event approval for Leaming Nest 5K Run Agenda No. Dept. Head: Finance: Procurement: Date Submitted: April 3, 2003 For Agenda of: April 9, 2003 Exhibits: Letter from Learning Nest EXPENDITURE REQUIRED: NIA BUDGET AVAILABLE: NIA APPROPRIATION REQUIRED: NIA Backaround Dawn Trionfo, President of the Learning Nest would like Council approval for their Third Annual Learning Nest 5K Run. The Run will take place at Riverview Park on Saturday, May 17, 2003 from 6:30 AM until 10:30 AM. The attached letter from the Learning Nest outlines the activities associated with the Run. The Run will be on Indian River Drive and it will be necessary to close Indian River Drive from Harrison Street north to Davis Street from 7:30 AM until 10:30 AM. SUMMARY Move to approve Learning Nest Third Annual 5K Run at Riverview Park on Saturday, May 17, 2003 from 6:30AM until 10:30 AM. Move to approve closing Indian River Drive from Harrison Street north to Davis Street from 7:30 AM until 10:30 AM on Saturday, May 17, 2003. MAR--2~--O~ 02:49 AM ~MILY AUTO R£PAIR UH~UL ?72~894999 Dawn Trionfo 1088 Barber Street Sebastian, FI 32958 .January 30,2003 Terrence Moore City Manager 1225 Main St. Sebastian, FL 32958 Dear Mr. Moore: Please accept this letter as a request to have our Third Annual Leamir,~g Nest 5K nm on May 17, 2003 starting at 7:30 am and ending approximately at 10:00 am. Th~ 5K nm will begin and end at the Riverview Park. A distance of approximately'l.5 miles will be utilized for thc race proceeding north on Indian River Dr, We would like to have access to the park due to pre-registration beginning at 7:00 am prior to thc race and also~ we will be handing out trophies and serving refreshments to all of our entries and there fianily and friends after the race. Please conta~ me at your earliest convenience regarding my request. Due to the fact that we can not continue our organized efforts regarding the race until we know that we havc May 17, 2003 booked for our race, we would ~i.ate a prompt response. We will alsb need Indian River Dr. closed from Riverside park to Davis St. from 6.30am to 10.30am. You may contact me at the above address or phone me at work. The number is 772-581-3984. Thank you for your consideration to this matter. Sincerely, Dawn Trionfo, President The Learning Nest P.02 I !. City of Sebastian, Florida SubJect: Park Event Approval for Riverside Church Singles Festival Ioprovedfor Submittal by: /i e~.r~.~ce M?~ Manager Agenda No. Dept. Head: Finance: Procurement: Date Submitted: April 3, 2003 For Agenda of: April 9, 2003 Exhibits: Letter from Riverside Church EXPENDITURE REQUIRED: NIA BUDGET AVAILABLE: NIA APPROPRIATION REQUIRED: NIA BackQround Carol Smith, Singles Festival Coordinator for Riverside Church Assembly of God would like Council approval for a Park Event at Riverview Park. The Singles Festival will be on Saturday, May 10, 2003 from noon until 9:00 PM. The attached letter outlines some of the activities planned for the event. City staff has spoken with Ms. Smith several times and plans to meet with her in the future to finalize all logistics associated with this event. SUMMARY Move to approve Riverside Church Assembly of God Singles Festival at Riverview Park on Saturday, May 10, 2003 from noon until 9 PM. Riverside Church Assembly of God Mailing Address: P.O. Box 780067 Phone: (772) 589-7825 Street Address: 11205 Roseland Road Fax: (772)589-7425 Sebastian, Florida 32978-0067 EMail: Riverlife~Juno. Com February 12, 2003 Mr. Chris McCarthy 1225 Main Street Sebastian, FL 32958 Dear Chris: Re: Sin~_ies Festival 2003- Riverview Park- May 10~ 2003 This letter is to follow-up our telephone conversation today in reference m the above "Singles Festival 2003". Since May 24* is Memorial Weekend, we have decided to chong¢ our date to May 10'~. This would be a Saturday and held from noon to 9:00 pm It is my undcrstancling that the $50.00 would include the use of any electricity. It is our sincere hope that we will attract more than 300 people; however, the 300 would ~mlik¢ly be there all at on~ time. We will be offering various size tent spaces to various church clubs and ministries for hake sales, crafts and whatever their group selects. Food sales will be offered by, perhaps, Rotary, Lions Clubs _and a restaurant. They will be responsible for their own health inspec~on certificates. Booth space and/or tern space will be provided for Cafi~an bookstores, CtLristian art and crafts for selling purposes. We will feature a MAIN TENT with staging, lighting, and sound for continuous enterminmem. We will take advantage of the volleyball court for scheduled events. QUESTIONS: #1) Would we be able to use the marquee to advertise the Singles Festival, with date and time? What is the longest time fmme that it could appear on the marquee? #2) Doyouhavea pre-printed sheet with the Parks Rules & Regulations? Is the~ a contract to be signed? #3) May we go into the park the day before to set up tents, booth's, etc? I look forward to hearing from you soon to confirm the date of May 10, 2003. Should you have any questions and/or concerto, please do not hesitate to contact me via Riverside Church at 589-7825 or at my home 664-7323. Carolyn F. Smith (Carol) Singles Festival 2003 Coordinator Cfs Cc: Pastor Tom Kempf City of Sebastian, Florida Subject: Park Event Approval for Sebastian River Art Club Shows in 2003 and 2004 A/~proved~r Submittal by: ~'e';~M~?)r~ Manager Agenda No. Dept. Head: Finance: Procurement: Date Submitted: April 3, 2003 For Agenda of: April 9, 2003 Exhibits: Letter from Sebastian River Art Club EXPENDITURE REQUIRED: NIA BUDGET AVAILABLE: NIA APPROPRIATION REQUIRED: N/A Back.qround Alice Russell, President of Sebastian River Art Club would like Council approval for Art Shows in 2003 and 2004. The Art Shows will be held on Saturdays from 10 AM until 4 PM. Rain dates would be held on Sundays from noon until 4:30 PM. They will have a two-day show in February 2004. The attached letter list all dates the club would like to reserve. SUMMARY Move to approve Sebastian River Art Club Art Shows on the dates and times listed below. Saturdays 10AM to 4PM October 18, 2003 November 15, 2003 December 13, 2003 January 17, 2004 February 21 & 22, 2004 March 20, 2004 April 17, 2004 Rain Dates Sundays Noon to 4:30 PM October 19, 2003 November 16, 2003 December 14, 2003 January 18, 2004 None March 21, 2004 April 18, 2004 SEBASTIAN RIVER ART CLUB P.O.BOX 0534 SEBASTIAN RIVER ART CLUB 3/27/03 The Sebastian River Art Club would like to reserve the following dates with Sunday raindates for their monthly shows in Riverview Park. Shows hours are f~om 10:00 A.M. to 4:00 P.M. Raindates would be fi-om 12:00 Noon m 4:30 P.M Show Dates Rain dates 1'0/18/03 10/19/03 11/15/03 11/16/03 12/13/03 12/14/03 1/17/04 1/18/04 2/21/22/04 3/20/04 3/21/04 4/17/04 4/18/04 Alice Russell President 388-2168 MUNICIPAL AIRPORT City of Sebastian, Florida Subject: Extension of Agreement for Professional Services between City of Sebastian and The LPA Group, Inc. Approved for Submittal by: e~ence 3~I~o~~ an ager Agenda No. ~23, (~,'~/-'~/ Department Orig~t Dept. Head: Finance: ~~-- -~ General Services: .~,~,,~.aa~,~,- Date Submitted: 4/3/2003 For Agenda of: 4/9/03 Exhibits: Letter from The LPA Group, Inc. EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: $ n/a $ n/a REQUIRED: n/a SUMMARY On April 28, 2000, the City of Sebastian entered into an agreement with The LPA Group, Inc. for professional services related to development and improvements at Sebastian Municipal Airport. This contract allowed for two, one (1) year renewal options, provided that both parties are satisfied with this arrangement. Due to the excellent working relationship and outstanding quality of work received from The LPA Group, Inc. airport staff is recommending the City of Sebastian exercise the first, one (1) year renewal option. The LPA Group has been instrumental in our efforts to improve Sebastian Municipal Airport. Their professionalism and attentiveness are unsurpassed in dealing with any issues brought before them. Though based in Orlando and Tampa, they are never further than a phone call away and have never demonstrated the slightest hesitation when either party felt it necessary to meet in Sebastian. More than just our airport consultant, The LPA Group is, in fact, a true extension of our staff. Both airport staff and representatives from The LPA Group, Inc. will be present at your April 9, 2003 regularly scheduled meeting, should you have any questions. RECOMMENDATION Move to approve the first renewal option of the "AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF SEBASTIAN (FLORIDA) AND THE LPA GROUP, INC.," for the period of April 29, 2003 through April 28, 2004. THE LPA GROUP INCORPORATED Transportation Consultants 4503 WOODLAND CORPORATE BOULEVARD, SUITE 400 · TAMPA, FLORIDA 336 ! 4 · 813-889-3892 · FAX 813-889-3893 March 28, 2003 Mr. Terrence tL Moore City Manager City of Sebastian City Hal! 1225 Main Street Sebastian, Florida 32958 "AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF SEBASTIAN (FLORIDA) AND THE LPA GROUP INCORPORATED" DATED APRIL 28, 2000 Dear Mr. Moore: The initial term of the above-referenced agreement is scheduled to expire on April 28, 2003. THE LPA GROUP has enjoyed working with the City and Airport staff, and would like to continue the pleasant, mutally-satisfying relationship that we have formed over the last three years. The current agreement provides for two additional one-year renewal options. Please accept this letter, as our request to exercise the first renewal option, for the period of April 29, 2003 thru April 28, 2004. Should you have any questions, or require additional information, please call. We look forward to receiving a notice of renewal. Sincerely, THE LPA GROUP INCORPORATED ~P.E. Principal Associate J. Milewski P. Wagner M. Jansen (LPA) J. Lorenz (LPA) ATLANTA · BATON ROUGE ~ CHARLESTON · CHARLOTTE · CHICAGO · COLUMBIA · GREENSBORO · GULFPORT · JACKSONVILLE KNOXVILLE · I.ITfLE ROCK · MOBILE · ORLANDO · RALEIGH · RICHMOND · SARASOTA · TALLAHASSEE · TAMPA · WEST PALM BF_.ACH