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HomeMy WebLinkAbout06132007~~ HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, JUNE 13, 2007 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY REINSPECTED /N THE OFFICE OF THE CITY CLERK 1225 MAIN STREET, SEBASTIAN, FLORIDA Individuals will address the City Council with respect to agenda items immediately before deliberation of the item by the City Council 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE LED BY VICE MAYOR NEGLIA 3. MOMENT OF SILENCE 4. READING OF CIVILITY PLEDGE We will be respectful of one another even when we disagree. We will direct all comments to the issues. We will avoid personal attacks. 5. ROLL CALL 6. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda maybe added only upon a unanimous vote of City Council members 7. PROCLAMATIONS 07.117 A. Dedication of Barber Street Sports Complex Field In Memory of Michael Abt - ~ Abt Family Accepting 07.118 B. Dedication of Airport Administration Building Public Works Building In Memory of 2 Former Public Works Director Terry Hill -Hill Family Accepting 8. ITEMS CARRIED FORWARD FROM 5/23/07 REGULAR MEETING 07.112 A. Approve Funding of $17,935 to Harrington's Mobile Home Service to Move Airport 5-s Security Building (Airport Director Transmittal, Three Proposals) 07.114 B. Resolution No. R-07-20 -Joint Participation Agreement for Airport Layout Plan 11-43 Update (Airport Director Transmittal, R-07-20, JPA) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT WITH FDOT TO PROVIDE FUNDING FOR AN AIRPORT LAYOUT PLAN UPDATE; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 07.115 C. Proposed Cemetery Rate Increase -Direct Staff Accordingly (City Clerk Transmittal, 44-81 R-02-30, Cemetery Code Sections, Cemetery Trust Fund Information, History, Other Cemetery Rates, Proposed Rate Resolution) 07.025 D. Damien Gilliams - 806 Indian River Drive Sebastian Docks for Electric Permits 83-95 (Building Director Memo, City Attorney Memo, Excerpt of P & Z Minutes, Construction Board Order, Permit, City Attorney Memo, Certification Statement)(Site Plan and Electrical Plan Previously Provided Under Separate Cover) 9. ANNOUNCEMENTS, PRESENTATIONS 07.122 A. Presentation by North County Relay for Life Chairman Burkeen (no backup) 07.016 B. Rex Nelson -Presentation on Proposed Ocean Concrete (no backup) 07.116 C. Presentation by Curt Oxford -Council Chambers City Logo Sign (Proposal, s~-ss Rendering) 10. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member fo remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. 101-117 A. Approval of Minutes - 5/23/07 Regular Meeting 119-120 B. Approval of Minutes - 6/6/07 Special Meeting 07.116 C. Authorize Sole Source Purchase and Installation of City Logo Sign for Council Chambers from Curt Oxford (see above for backup) 07.123 D. 4th of July Event -Approve Yacht Club Ramp and Road Closures (Parks 121 Supervisor Transmittal) 07.097 E. Revised FY 2008 Budget Calendar (Finance Director Transmittal, Revised Calendar) 123-125 2 07.124 F. Approve Travel and Registration for Council Members to Attend Annual Florida 12~-12s League of Cities Conference in Orlando, August 16-19, 2007 (City Clerk Transmittal, Registration Form) 11. COMMITTEE REPORTS/RECOMMENDATIONS -none 12. PUBLIC HEARING Procedures for Public Hearing: Mayor opens hearing Attorney reads ordinance or resolution title Staff presentation Public Input -Anyone wishing to speak should approach the podium and state their name for the record Staff summation Mayor closes hearing Council action 07.071 A. Second Reading, Public Hearing and Final Adoption of Ordinance No. 0-07-07 - 131-134 Parks & Recreation Advisory Modification of Committee Membership Composition (City Attorney Transmittal, 0-07-07) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE SECTIONS 2-212 AND 2-213 TO CHANGE THE SIZE AND COMPOSITION OF THE PARKS AND RECREATION ADVISORY COMMITTEE; PROVIDING FOR CONFLICT, SEVERABILITY AND EFFECTIVE DATE. (15` Reading 5/23/07, PJ Legal Ad 5/3/07) 07.106 B. Ordinance No. 0-07-08 -Charter Review Committee Meeting Time (City Clerk 135-13s Transmittal, 0-07-08) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 2, SECTIONS 2-231 AND 2-232 REGARDING MEETING TIMES AND PROCEDURES FOR THE CHARTER REVIEW COMMITTEE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE. (151 Reading 5/23/07, PJ Legal Ad 5/30/07) 13. UNFINISHED BUSINESS 14. NEW BUSINESS 07.125 A. E911 Equipment -Appropriate $44,000 from DST and Purchase Necessary 141-151 Equipment (PD Transmittal, 4 Quotes, King Letter) 07.126 B. Waste Management Contract (City Manager Transmittal, Complaint Log, 153-206 Contract) 07.127 C. Shift Capital Project Funding from Public Works Compound Phase I in the 20~-212 Amount $300,000 to Stonecrop Street Crossing (City Manager Transmittal, 2 Photos) 07.117 D. Facility Use Agreement with Indian River Community College for Old Sebastian 213-218 Elementary School 2"d Floor (HR Director Transmittal, Agreement) 3 07.019 E. First Reading of Ordinance No. 0-07-10 -Senior Homestead Exemption to 2~s-222 Replace Emergency Ordinance No. 0-07-09 -Set Public Hearing for 6/27/07 (City Clerk Transmittal, 0-07-10) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, REPEALING EMERGENCY ORDINANCE NO. 0-07-09; AMENDING CITY CODE SECTION 2-121 TO INCREASE SENIOR HOMESTEAD EXEMPTION AND PROVIDING FOR APPLICABILITY, SEVERABILITY AND EFFECTIVE DATE. 07.057 F. First Reading -Ordinance No. 0-07-11 -Natural Resources Board -Set Public 223-227 Hearing for 6/25/07 (City Attorney Transmittal, 0-07-11, Environmental Committee and Tree Board Recommendations Included in Language) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE SECTION 2-240 AND ADDING SECTION 2-241 TO CREATE THE NATURAL RESOURCES BOARD; PROVIDING FOR INITIAL COMPOSITION, CONFLICT AND EFFECTIVE DATE. 15. 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 07.118 A. Flo Ursulean -Firehouse Garage Parking Issues -Revisit Site Plan (Maps) 229-233 07.119 B. Damien Gilliams -City Manager Evaluation (no backup) 16. CITY ATTORNEY MATTERS 07.120 A. Authorization to Specially Appoint Attorney for Conflict Matters (no backup) 17. CITY MANAGER MATTERS 18. CITY CLERK MATTERS 19. CITY COUNCIL MATTERS A. Council Member Wolff 07.021 i. City Attorney Evaluation (no backup) B. Mayor Coy C. Mr. Neglia D. Council Member Paternoster E. Council Member Simchick 20. ADJOURN (All meetings shall adjourn at 10:30 pm unless extended for up to one half hour by a majority vote of City Council) HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. Regular City Council Meetings are Scheduled for Live Broadcast on Comcast Channel 25 4 ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 A T LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Upcomins~ meetins~s: June 27, 2007- 5:30 p.m. - CRA Meeting June 27, 2007 - 7:00 p.m. -Regular Council Meeting August 8, 2007- 7:00 p.m. -Regular Meefing August 15, 2007 - 6:00 p.m. -City Council 8udget Workshop August 22, 2007 - 7:00 p. m. -Regular Meeting September 10, 2007 - 6:00 p.m. -Special Meeting - 1 ~ City Council Budget Hearing September 12, 2007- 7:00 p.m. - Redgular Meeting September 19, 2007- 6:00 p.m. - 2" City Council 8udget Hearing September 26, 2007- 7:00 p.m. -Regular Meeting 5 CItY OF ~~fi HOME QF PELICAN ISLAND ~~ocn~~~~~~ MICHAEL ABT, JR. FIELD WHEREAS, Michael Christopher Abt, Jr., died suddenly of cardiac arrest while playing capture the flag during Phys Ed class at Sebastian River Middle School on March 10, 2006; and WHEREAS, Michael, in his short twelve years, had a life of adventure and a great love for the sports he played including baseball and skateboarding at Barber Street Sports Complex; and WHEREAS, everyone who met Michael remembered him for the twinkle in his eye and his infectious smile; and WHEREAS; Sebastian River Area Little League has petitioned the City of Sebastian to dedicate baseball field one at Barber Street Sports Complex in Michael's memory. NOW THEREFORE, I, Andrea Coy, by virtue of the authority vested in me as Mayor of the City of Sebastian and on behalf of City Council, do hereby proclaim that Little League Field One at Barber Street Sports Complex shall forever be known as "MICHAEL ABT, JR. FIELD" in his memory. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Sebastian, Florida, to be affixed this 13th day of June 2007. Andrea B. Coy, Mayor 0 U COY OF ~ t~~y ~ y. -~ -- _"~ - - -~ ~. HOME OF PELICAN ISLAND {hr. _.. ~ .. d TERRY HILL MEMORIAL BUILDING WHEREAS, Terry Hill, served the City of Sebastian for sixteen years and was Public Works Director from 1998 through 2006; and WHEREAS, Terry was involved in the planning for the new Airport Administration Building and would have proudly taken his place there upon its completion; and WHEREAS, Terry was a true gentleman and a gentle man who was loved by all who knew him and who was known for his kindness and thoughtfulness; and WHEREAS, Terry passed away a year ago this month after a year long battle with cancer; and WHEREAS, the City wishes to commemorate Terry for his contribution to the City of Sebastian. NOW THEREFORE, I, Andrea Coy, by virtue of the authority vested in me as Mayor of the City of Sebastian and on behalf of City Council, do hereby proclaim that the new Airport Administration Building at Airport Drive East shall forever be known as "The Terry Hill Memorial Building" in his memory. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Sebastian, Florida, to be affixed this 13th day of June 2007. Andrea B. Coy, Mayor ~~ ~~ y AGENDA TRANSMITTAL Subject: Security Improvements at Sebastian Municipal Airport. Approved for Submittal by: Al Minner, City Manager Agenda No. (~ 7. I ( Z Department Origin: dunicipal Airport Joseph Griffin ~._..- Finance Directo . ~ hai rancis City Clerk: Ms. Sally Maio City Attorney: Mr. Richard Strmge Date Submitted: May 16, 2007 For Agenda of: May 23, 2007 Exhibits: three 3 ro osals EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: $17, 935 $37,500 REQUIRED: $17,935 SUMMARY O.n April 5, 2002, the Sebastian Municipal Airport secured a Joint Participation Agreement with the Florida Department of Transportation for security improvements. Part of that grant award was used to purchase a double -wide mobile home to house an on-site City Of Sebastian Police Officer and his family.. The Officer was to be housed on-sight to provide airport security and periodic patrol, to assist tenants with security issues, and to provide an incentive to prospective tenants in economic development efforts of the airport. The mobile home was purchased from Central .Mobile homes of Micco, Florida at a cost of approximately $100,000. The home was installed on airport property, inside the Air Operations Area (AOA) under the direction of the previous airport director. When the current airport director was hired by the City Of Sebastian, he directed that all construction activity be stopped regarding the `security quarters' and that the move-in of the Police Officer be postponed. The current airport director initiated contact with the FAA in Orlando regarding the issue and it was agreed that the `security quarters' should be moved outside of the AOA. A suitable site has been chosen outside of the airport AOA in close proximity to automatic gates. This will ensure adequate `response time' incase of a security breach. Three bids were solicited from certified/licensed movers. An evaluation of the bids hinged on experience, product familiarization, and ability to provide a `turn-key' result for the city. Copies of those bids are included in this submittal. RECOMMENDED ACTION Approve funding of $17,935 to HarrinQton's Mobile Home Service to move the security building at the Sebastian Municipal Airport. C O FROM HARRINGTON FAX N0. 321-729-8923 May. 16 2007 09:15AM P1 p~oposai ~~:rix~gtast's Mobsie gimme Sesviic~ 890 lirackfie;d ST SE Palm Bay fL. 32909 Ph:f3Z1) 729-8923 . Eax (32?) 729-8923 UG #1 H80Q0 i 41 We hereby submit specifftations and estimates for; Retotatin~ 32' x 76' Fte~twood manufactured home an Airport Property carpet seam. ~2a0.0o plumbing, $ 750.00 electric service, 1.80 ft. to transformer re-install pedestal, a/c reran $3300.00 Reinstall skirting FSI vinyl ~7a 52,00 per ft $s6a.aa Install 900 gal. septic tank and drain field $4b25.00 [6 loads sand Nate if existing tank can be saved take off 5300.00 Moving home will produce stress cracks in drywall, repair and painting will be required. $35.00 per hr. and material cost. Others to da final grade Total 17935.00 ~rlus Dermit fee and interior repair Ta include, building pernrits, $250.00 Plus permit fee Separating unit and preparing far transport $3200.00 setup, $4500.00 interior trim) $550.00 All material is guaranteed as specified. All warp to be completed is a workmanlike manner according to standard practice. Any alterations or deviations from above specifications involving extra costs, will be executed upon written or verbal orders, and wilt became an extra, charge aver and above the estimate. Balance due upon comp~e 'on Authorized Signature Authorized Signature D ~ROP~SaL RI~V~R G1f~Vi£ ~NT~RPF1iISES w ~thO~Gl~ttral Ave. ~ Greco, ~ '~ CamRlenelsl•l~ Reslddrltlal Buflae~s c>Immce: ~) :~a r-s~c: {rte) i~a-a~ We hereby prgpose to furnish the materials and perform the labcyr neor;ssary for the +corr~pletion of A11 material is guaranteerJ to be as spevifiedx and the above work to be perbrmed in accordance with the dretwings $nd specfi- cations submitted for above work and completed in a s~stantira^~l workmanlike marnnQr forthe sum,of, _„_ lt~f~.~..~~~ '~'~lL i c~ ~G~ ~ ~ ,~, Dollars (ffi ~ ~ ) wth payments to be made as follows. ~ ~~, Gr,~ ~~N~l:~'Y''~ ~~~ ~~+~F~~'~'~ ~ ~~r~ 04~ alit ~- ~~~ 4~~~ ~Pa~. ~.~~~ ~ ~s~ ~. Respectfully submitted ~`'' ,vy aitemuan br aevlaaon from above spn~ltksifons knrolvutg extra costa wNi be eKeeutod only upon wrMtan ceder, and wW become an extra a Per - over and above the eatknab. an agreements corrdngent upon aNilcss, axe Gents, or daleys beyond our contrd. i'~°~ Per month on unpaid bai9nt~. Nt~te -This sal ma be withdrawn Wo ~.yree to go to arbttreeon In the went of any and ab ~,spulea. F~ Y by us if not acc~pttad within .___days. ACCEf~TANCE OF PROPOSAL The above prices, speci~t:ations and conditions are saiisfactary and are hereby accepted. You are authorised to da the work as ' fed. Payments wNi be made as outlined above. Signature r~~ path - _ Signature uuYtiC1[ Tri taF vFt~c~t=D AT: PROPI']SAL SUBMITTED T{Y /-i . }/~~/~~ ~~' l SHEET NO. I~J • {~/~ ijr_. i/V JC~ :~,1~.•w3~f9~i~ ~7~ oriy-tai _ UXl/"ly ~/.!, ,~r-s-,'+~' ;7.70? /; ,~t~ - olv~ ~/ ° E ~. ~~ a~~i'D PROPOSAL SUB,~tITTED T0: ~~/YJ jQ/ff " ` inrnorr rn RG RFGFf1~F,FFf) AT' A DRESS _ ~ ~- d+o ~ ~.. '~l-e hEreby propose':o n ~+~~G ! ~~~~ ~ _.y. ~ _ the materials and perfn DATE OF PLANS AR::HETEC- ~ .~ Tabor nece=sary f r i'1e compl ~tio of ~ ~ f ~ r .. - ._- __ _ --~ _. _ r- . _lp-.- ------ ------.. ------- + ' t ~• '~ ' tt'i° abC1v~ hv~r.4 ~., J: ;~'S~ ~ermcc i-~. accordance l+~iih ih~e GfEawi~ ~ o a 1~J sp2~ ''iiCiai~nS ;=11~ r~lat2ri2" IS S{1~rar'iS9G CO Oe aS ~peG:i'e~, 3iiCi 4 t subr.~i 'ad'.or abc•re lrrprl: :c„~ corrpletc:: i~ a subsianlia! evcrkmanlike mannar for the sum a ,~- ~~~ _ _ Dollars ($.~~ ~ ~i/~'}._~.-_.-) ~ evith payments to be made as follo~~s: ~J ~ "' " ~ .c'1Jc.`~~~=~~ ~C~J"IL~I.tJy' ~,,~L~~L2,c:~.~.~~ ~ ' ReSpeciiully submitted Cam/ ~~" ~ '"~----... - -•-- ary are~at en w M:+:.a~ian born above s:.~ec' ce!Kns :woFdre extra ens _ ~-' - +vill be cerx7led on / uron vrriaer ordor. aro wi!I o~arne an nxYa char+,}e Per _ __._____.._ orer enC &Cora Lax catimale. ~E a;aeerw; s cenanpeu upan s:r,es, s~ c~da~ts. or de!a bcYOna rr_rcorvOf. ~ ~ EJdie -This aroposal may ba w•iifidr2wn ~`y us iE not accepi~d x+Pirin ___-da; s. I ~~ ACOEPTr;I~h~E ~~= i'POrO3Al. Tf he .bcwa prices, speci":cations and ec~r,Cii~ons ara satisiactar~r ans arL i~,,rzb;~ acce;~ ied. You ~:,~re auiherizsd :o Go the vJOrk as specified. Payments ti^~ili b=made as outlined aoove. Dates T .. Signat~ra _. ._ Siy~aue~e _-____-- - DG113 .,ea.~, r.~r~e :ri usx PROPC~SAt R~C~I~'~~ ~~B.ASTIAI~T ~UNIGIPAL AIRPORT` I~ f3TY tf~' ~'"~~-" _ H0J4AE i}f PE.L1t:R1V i.SLANq AGENDA TRANSMITTAL Subject: Airport Layout Plan Update Approved for Submittal by: Al Minner, City Manager Agenda No. ~ ~, l ] Department Origin: ~ ipa~ Airport Joseph Griffin W`--- Finance Director: hai Francis City Clerk: Ms. Sally Maio /L City Attorney: Mr. Richard Stringer Date Submitted: May 16, 2007 For Agenda of: May 23, 2007 ~ Exhibits: R-07-20, JPA EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: $3, 125 -0- REQUIRED: $3,125 SUMMARY Sebastian Municipal Airport staff was recently successful in securing a Joint Participation Agreement (JPA) from the Florida Department of Transportation (FDOT), Aviation Section for an Airport Layout Plan (ALPS Update. The agreement stipulates the FDOT to fund 2.5% of the project at $3,125. The city `match' would also be at 2.5%, or $3,125. The total project cost is estimated at $125,000. It is anticipated that the FAA will participate in this project at 95%. The FAA contribution would be $118,750. The last Master Plan Update for Sebastian Airport was completed in March 2002. The FDOT and the FAA will not participate in the funding of future projects if those projects are not explained, and presented, on an acceptable planning submission. Since numerous changes have taken place at the airport since the last Master Plan Update, it is prudent to include future project possibilities and completed projects/changes in an airport update. An alternative to the ALP Update would be a Master Plan Update.. It is anticipated the ALP Update would take about 3-4 months, after FAA funding approval. A Master Plan Update would take about 1 year to complete at an approximate cost of $300,000. RECOMMENDED ACTION 1. Move to approve Resolution R-07-20 authorizing a Joint Participation Agreement between the FDOT and the City Of Sebastian for an Airport Layout Plan Update 2. Fund $3,125 representing the City Of Sebastian `match' in the Airport Layout Plan Update from the proceeds of sale of fixed assets. ~2. RESOLUTION NO. R-07-20 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT WITH FDOT TO PROVIDE FUNDING FOR AN AIRPORT LAYOUT PLAN UPDATE; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation has agreed to provide funding for an airport layout plan update at the Sebastian Municipal Airport; and WHEREAS, the City of Sebastian agrees to certain conditions to such funding; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. AUTHORIZATION. The City Manager is hereby authorized to execute the attached PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT for Project No. 422874-1-94-01 on behalf of the City, as attached hereto as Exhibit A. Section 2. CONFLICTS. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Council member The motion was seconded by Council member a vote, the vote was as follows: Mayor Andrea Coy Vice Mayor Sal Neglia Council Member AI Paternoster Council Member Dale Simchick Council Member Eugene Wolff and, upon being put into The Mayor thereupon declared this Resolution duly passed and adopted this 23`d day of May, 2007. i3\ CITY OF SEBASTIAN, FLORIDA ATTEST: Sally A. Maio, MMC City Clerk 4~ By: Mayor Andrea Coy Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney STATE OF FLORIDA DEPARTMEM OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT 725-030.06 PUBLIC TRANSPORTATION 03107 Page 10(14 Financial Project No.: Fund: DS 422874-1-94-01 Function: 637 item-segment-p ase-sequence Fgderal NO. Contract No.: CFDA Number: DUNS No.: FLAIR Approp.: 088719 FLAIR Obj.: 750004 Org. Code: 55042010428 No.: VF 596000427008 CSFA Number: 55004 THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and City of Sebastian hereinafter referred to as Agency. The Department and Agency. agree that all terms of this Agreement will be completed on or before 3/31/2009 and this Agreement will expire unless a time extension is provided in accordance with Section 18.00. WITNESSETFi: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under 332.006(6) Florida Statutes, to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is Airport Layout Plan Update for Sebastian Municipal Airport and as further described in Exhibit(s) A, B, C & D attached hereto and by this reference made a part hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. l 5~ 725030-06 PUBLIC TRANSPORTATION 03107 Page 2 of 14 2.00 Accomplishment of the Project 2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A" attached hereto and by this reference made a part hereof this Agreement, with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or fo undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2:30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit "C" attached hereto and by this reference made a part hereof. 3.00 Project Cost: The total estimated cost of the project is $ 125,000 .This amount is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof this Agreement. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. 4.00 Department Participation: The Department agrees to maximum participation, including contingencies, in the project in the amount of $ 3,125 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total project cost shown in Exhibit "B", whichever is less. 4.10 Project Cost Eligibility :Project costs eligible for State participation will be allowed only from the effective date of this agreement. It is understood that State participation in eligible project costs is subject to: (a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled to be committed; (b) Availability of funds as stated in.Section 17.00 of this Agreement; (c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; (d) Departmen# approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available. 4.20 Front End Funding : Front end funding ~ ig ~ is not applicable. If applicable, the Department may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in paragraph 4.00. 5.00 Retainage : Retainage Q is Q is not applicable. If applicable, percent of the Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the Department's discretion, on or before the completion of the final project audit. /(o 725-030-06 PUBLIC TRANSPORTATION 03107 Page 3 Of 14 6.00 Project Budget and Payment Provisions: 6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall be effective unless it complies with fund participation requirements established in Section 4.00 of this Agreement and is approved by the Department Comptroller. 6.20 Payment Provisions: Unless otherwise allowed under Section 4.20, payment will begin in the yearthe project or project.phase is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in conformity with requirements established by Department's program guidelines/procedures and "Principles for State and Local Governments", separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "project account". Documentation of the project account shall be made available to the Department upon request any time during the period of the Agreement and for three years after final payment is made.. 7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the project, which Department payments and other funds are herein collectively referred to as "project funds". The Agency shall require depositories of project funds to secure continuously and fully all project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State Law for the security of public funds, or as approved by the Department. 7.30 Costs Incurred for the Project: The Agency shall charge to the projecf account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 7.40 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records; invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices; contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. 7.60 Audit Reports: In addition to the requirements below, the Agency agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department, including but not limited to site visits and limited scope audits. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of three years from the date the audit report is issued, and shall allow the Department access to such records and working papers upon request. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state official. The Agency shall comply with all audit and audit reporting requirements as specified in Exhibit "D" attached hereto and this reference made a part hereof this Agreement. ~~ 725030-08 PUBLIC TRANSPORTATION 03/07 Pane a or is 7.61 Monitoring: In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, Florida Statutes, (see "Audits" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, and/or other.procedures. The Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the Agency is appropriate, the Agency agrees to comply with any additional instructions provided by the Department staff to the Agency regarding such audit. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by FDOT's Office of Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General. 7.62 Audits: Part I Federally Funded: If the Agency is a state, local government, ornon-profit organizations as defined in OMB Circular A-133 and a recipient of federal funds, the following annual audit criteria will apply: 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single orprogram-specific audit conducted in accordance with the provisions of OMB Circular A-.133, as revised. Exhibit "D" to this agreement indicates Federal resources awarded through the Department by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, Paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133. 3. If the recipient expends less than the amount in Part I, Paragraph 1., an audit conducted in accordance with the provisions of OMB Circular A-133, is not required. If the recipient elects to conduct such an audit, the cost of the audit must be paid from resources obtained from other than Federal entities. 4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. Part II State Funded: If the Agency is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, and a recipient of state funds, the following annual audit criteria will apply: 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500, 000 in any fiscal year, the recipient must have a State single orproject-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services and the CFO; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit "D" to this agreement indicates state financial assistance awarded through the Department by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department, other state agericies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, Paragraph 1., the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than the amount in Part II, Paragraph 1., such audit is not required. If the recipient elects to conduct such an audit, the cost of the audit must be paid from the recipient's resources obtained from nonstate entities. 4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number end year, and name of the state agency awarding it. /~ 725.0.30-OB PUBLIC TRANSPORTATION oa~o7 Page 5 of 14 Part III Other Audit Requirements 1. The Agency shall follow-up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. 2. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the Department, the Department Comptroller, and the Auditor General. This section does not limit the authority of the Department to conductor arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. Part IV Repont Submission Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by Section 7.621 of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: B. The number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, submitted to the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133. 2. In the event that a copy of the reporting package for an audit required by Section 7.621 of this Agreement and conducted in accordance with OMB Circular A-133 is not required to be submitted to the Department for reasons pursuant to section .320 (e)(2), OMB Circular A-133, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited schedule of expenditures of Federal awards directly to each of the following: In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, and any management letters issued by the auditor, to the Department at each of the following addresses: Iq 725.830-08 PUBLIC TRANSPORTATION _03/07 Page 8 of 14 3. Copies of financial reporting packages required by Section 7.622 of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 Copies of reports or the management letter required by Section 7.623 of this Agreement shall be submitted by or on behalf of the recipient directly to: A. The Department at each of the following addresses: 5• .Any reports, management letter, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Section 215.97, Florida Statutes, and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6• Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Agency in correspondence accompanying the reporting package. 7.63 Record Retention: The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of at least five years from the date the audit report is issued, and shall allow the Department, or its designee, the CFO or Auditor General access to such records upon request. The Agency shall ensure that the independent audit working papers are made available to the Department, or its designee, the CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the Departmenf. 7.64 Other Requirements: If an audit discloses any significant audit findings related to any award, including material noncompliance with individual project compliance requirements or reportable conditions in internal controls of the Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency shall take timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans. 7.65 Insurance: Execution of this Joint Participation Agreement constitutes 'a certification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility. In the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the Department may waive or modify this section. 20 725A30-08 PUBLIC TRANSPORTATION 03Po7 Page 7 of 14 8.00 Requisitions and Payments: 8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department of Transportation, District Four Public Transportation Office 3400 W. Commercial Blvd. Ft. Lauderdale , FL, 33309 its requisition on a form or forms prescribed by the Department, and any other data pertaining to the project account (as defined in Paragraph 7.10 hereof) to justify and support the payment requisitions. 8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 8.42 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S. The Department may establish rates lower than the maximum provided in Chapter 112.061, F.S. 8.13 For real property acquired, submit; (a) the date the Agency acquired the real property, (b) a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. (c) a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with all federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property. 8.20 .The Department's Obligations: Subject to other provisions hereof, the Department will honor such requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project if: 8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto; 8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project; 8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this agreement; requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; or 8.25 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs, including any and all federal financial assistance as detailed in Exhibit "B." 8.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest approved budget for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. n ~ i ~` 725030-08 PUBLIC TRANSPORTATION 03/OZ Pape 8 of 14 8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this agreement, the Department may offset such amount from payments due for work or services done under any public transportation joint participation agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department. 9.00 Termination or Suspension of Project: 9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues the project; or if, by reason of any of the events or conditions set forth in Sections 8.21 to 8.26 inclusive, or for any other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible, impossible, or illegal, the Department will, .by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. 9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other undertakings the' cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S. and made or received in conjunction with this Agreement. 10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the Agency shall remit to the Department its share of any unexpended balance in the project account. 11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the Departments authorized representatives to inspect all work, materials, payrolls., records; and to audit the books, records and accounts pertaining to the financing and development of the project. 12.00 Contracts of the Agency: 12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department as provided in Section 8.23. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. ''~. ._,..,.. 725.030-08 PUBLIC TRANSPORTATION ' 03107 Page 9 of 14 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287, F.S., Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. 12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 12.31 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as defined in 49 CFR Part 26, as amended, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of 49 CFR Part 26, as amended, apply to this Agreement. 12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance of contracts and this Agreement. In this regard, all recipients, and contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. 12.40 The Agency agrees to report any reasonable cause notice of noncompliance based on 49 CFR Part 26 filed under this section to the Department within 30 days of receipt by the Agency. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in-all its contracts in connection with the development or operation of the project, except contracts for standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment.for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 13.20 Title VI -Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d, et. seq.), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. 13.30 Title VIII -Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42 USC 3601,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national origin, creed, sex, and age. 13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA (42 U.S.C. 12102, e . seq.), the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant theret . 725030-06 PUBLIC TRANSPORTATION 03)07 Page 70 of 14 13.50 Prohibited Interests: The Agency shall not enter into a contract or arrangement in connection with the project or any property included or planned to be included in the project, with any officer, director or employee of the Agency, or any business entity of which the officer, director or employee or the offcer's, director's or employee's spouse or child is an officer, partner, director, or proprietor or in which such officer, director or employee or the officer's, director's or employee's spouse or child, or any combination of them, has a material interest. "Material Interest" means direct or indirect ownership of more than 5 percent of the total assets or capital stock of any business entity. The Agency shall not enter into any contract or arrangement in connection with the projector any property included or planned to be included in the project, with any person or entity who was represented before the Agency by any person who at any time during the immediately preceding two years was an officer, director or employee of the Agency. The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, any agreement for utility services-the rates for which are fixed or controlled by the government,.or any agreement between the Agency and an agency of state government. 13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the Agency that the project will be carried out in conformance with all applicable environmental regulations including the securing of any applicable permits. The Agency will be solely responsible for any liability in the event ofnon-compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith. 14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, a-so, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. ~`~ j ~,, 725-030-08 PUBLIC TRANSPORTATION 03/07 Pape 11 of 14 14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities or equipment. 14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable. 14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. 14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees, during the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or-any of its officers, agents, or employees during the performance of the Agreement. When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of services required under this Agreement, the Department will immediately forward the claim to the Agency. The Agency and the Department will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the Agency in the defense of the claim or to require that the Agency defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Agency. The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses at trial 15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency written approval with any approved portions of the project and comments or recommendations concerning any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in 8.23. 16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 725-030.06 PUBLIC TRANSPORTATION 03/07 Page12Mt4 17.20 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Chapter 339.135(6)(a), F.S., are hereby incorporated: "(a) The Department, 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 such fiscal year. Any contract, verbal or written, made in violation of this subsection is null. and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department 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 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 Department which are for an amount in excess of 25,000 dollars and which have a term for a period of more than 1 year." 18.00 Expiration of Agreement: The Agency agrees to complete the project on or before 3/31/2009 If the Agency does not complete the project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the Director of Transportation Development .Expiration of this Agreement will be considered termination of the project and the procedure established in Section 9.00 of this Agreement shall be initiated. 18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days after the expiration of .this Agreement. Invoices submitted after the 120 day time period will not be paid. 19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to bean original, and such counterparts together shall constitute one in the same instrument. 21.00 Restrictions on Lobbying: 21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. agency. 21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state zr~ 725030-08 PUBLIC TRANSPORTATION 03/07 Page 13 of 14 22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 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 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b), F.S. will be due and payable, in addition to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor-Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (850) 410-9724 or by calling the Department of Financial Services Hotline, 1-800-848-3792. 23.00 Public Entity Crime: 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 s. 287.017, F.S. for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 24.00 Discrimination: 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. ~~. 725-030-OB PUBLIC TRANSPORTATION 03N7 Page 14 of 14 Financial Project No. Contract No. Agreement Date 422874-1-94-01 IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY City of Sebastian AGENCY NAME FDOT See attached Encumbrance Form for date of Funding Approval by Comptroller SIGNATORY (PRINTED OR TYPED) SIGNATURE TITLE LEGAL REVIEW DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION Director of Transportation Development TITLE Fin. Proj. No.: 422874 -1-94-01 Contract No.: Agreement Date: EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and City of Sebastian. PROJECT LOCATION: Sebastian Municipal Airport PROJECT DESCRIPTION: Airport Layout Plan Update SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, Financial Project Number and the Federal Identification number, where applicable and the amount of state funding action, (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. The plans and specifications review required in paragraph 15.00 of the Agreement shall include an Engineer Certification and compliance with Department requirements as outlined in Exhibit "C". SPECIAL CONSIDERATIONS BY DEPARTMENT: N/A The District project manager has 10 working days to review invoices after receipt of invoice package and corresponding progress report before submitting to District Financial Services Office for payment. Zq Fin. Proj. No.: 422874-1-94-01 Contract No.: Agreement Date: EXHIBIT "B" PROJECT BUDGET This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and City of Sebastian. I. TOTAL PROJECT COST: $125,000 II. PARTICIPATION: Federal Participation: FAA, FTA, UMTA, etc. 95.00% $118,750 Agency Participation: In-IGnd Cash 2.50% $3,125 Other Maximum Department Participation:** Primary (DS) (DDR) (DIM) (PORT) 2.50% $3,125 Federal Reimbursable (DU) (FRA) (DFTA) Local Reimbursable (DL) III. TOTAL PROJECT COST: $125,000. 30 Fin. Proj. No, 422874-1-94-01 Contract No.: Agreement Date: EXHIBIT C AVIATION PROGRAM ASSURANCES This exhibit forms an integral part of the Joint Participation Agreement between the State of Florida, Department of Transportation and City of Sebastian. A. General 1. Duration: The terms, conditions, and assurances of the Agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date that the Agreement is executed.. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with state funds. 2. Obligation: The Agency shall honor these assurances for the duration of this Agreement. If the Agency takes any action that is not consistent with these assurances, the full.amount of this Agreement will immediately become due and payable to the Florida Department of Transportation. B. General Assurances The Agency hereby assures that: 1. -Good Title: It holds good title, satisfactory to the Department, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Department that good title will be acquired. 2. Preserving Rights and Powers: a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in the Agreement without the written approval of the Department, and will,act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the Agency. This shall be done in a manner acceptable to the Department. b. If an arrangement is made for management and operation of the airport by any agency or person other than the Agency or an employee of the Agency, the Agency will reserve sufficient rights and authority to ensure that the airport will be operated and maintained according to applicable federal and state laws, regulations, and rules. 3. Hazard Removal & Mitigation: It will clear and protect terminal airspace required for instrument and visual operations at the airport (including established minimum flight altitudes) by removing, lowering, (11 /29/2005) Joint Participation Agreement (JPA) Exhibif C Page 1 3~ relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 4. Compatible Land Use: It will take appropriate action to ensure Iocat government adoption of airport zoning ordinances that comply with Chapter 333, F.S. The ordinances shall address height restrictions and other potential aviation hazards and limitations on incompatible land uses in the vicinity of the airport. The vicinity of the airport includes all areas that will be affected by normal aircraft operations and noise. The Agency assures that it will take appropriate action to oppose and/or disapprove any attempted change in local land use regulations that would adversely affect the continued level of airport operations by the creation or expansion of incompatible land use areas. The Agency assures that it will provide the Department with a copy of all local airport zoning ordinances, codes, rules, regulations, and amendments, including proposed and granted variances thereto. 5. Consistency with Local Plans: It will take appropriate actions to have the current airport master plan adopted into the local government comprehensive plan at the earliest feasible opportunity. 6. Airport Layout Plan: a. It will keep a layout plan of the airport up to date showing: (1 }Boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the Agency for airport purposes and proposed additions thereto; (2) Location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars, and roads), including all proposed extensions and reductions of existing airport facilities; and (3) Location of all existing and proposed non-aviation areas and of all existing improvements thereon. b. Such airport layout plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Department. The Agency will not make or permit any changes or alterations in the airport or any of its facilities that are not in conformity with the airport layout plan as approved by the Department and which might, in the opinion of the Department, adversely affect the safety, utility,. or efficiency of the airport. 7. Fee and Rental Structure: It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport taking into account such factors as the volume of traffic and economy of collection. If this Agreement results in a facility that will be leased or otherwise produces revenue, the Agency assures that the revenue will be at fair market value or higher. 8. Airport Revenue: That all revenue generated by the airport will be expended for capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property, or for environmental or noise mitigation purposes on or off the airport. 9. Financial Plan: It will develop and maintain acost-feasible financial plan to accomplish the projects necessary to achieve the proposed airport improvements depicted in the airport layout plan. The financial plan shall be a part of the airport master plan. The financial plan shall realistically assess project phasing considering availability of state funding and local funding and the likelihood of federal funding under the Federal Aviation Administration's priority system. All project cost estimates contained in the financial plan °~~ Joint Participation Agreement (JPA) Exhibit C 3 ~ ~ Page 2 f (11 /29/2005) shall be entered in the Joint Automated Capital Improvement Program (JACIP) Online Web site. The JACIP Online information shall be kept current as the financial plan is updated. 10. Operation & Maintenance: The airport and all facilities which are necessary to serve the aeronautical users of the airport, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable federal and state agencies for maintenance and operation. The Agency assures that it will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. Any proposal to temporarily close the airport for non-aeronautical purposes must first be approved by the Department. The Agency will have arrangements for promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when flooding or other climatic conditions interfere with such operation and maintenance. Further; nothing herein shall ~be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the Agency. 11. Economic Nondiscrimination: It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds, and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. 12. Exclusive Rights: It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. 13. Federal Funding Eligibility: It will take appropriate actions to maintain federal funding eligibility for the airport. Further, it will avoid any action that renders the airport ineligible for federal funding. 14. Termination of Agreement: It will make expenditures. or incur obligations pertaining to this Agreement within two years after the date of this Agreement or the Department of Transportation may terminate this Agreement. The Agency may request aone-year extension of this two-year time period. The District Secretary shall have approval authority. 15. Retention of Rights and Interests: It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which state funds have been expended, for the duration of the terms, conditions, and assurances in the Agreement without approval by the Department 16. Consultant, Contractor, Scope, and Cost Approval: It will grant the Department the right to disapprove the Agency's employment of specific consultants, contractors, and subcontractors for all or any part of this project if the specific consultants, contractors, or subcontractors have a record of poor project performance with the Department. Further, the Agency assures that it will grant the Department the right to disapprove the proposed project scope and cost of professional services. 17. Airfield Access: The Agency will not grant or allow easement or access that opens onto or crosses the airport runways, taxiways, flight line, passenger facilities, or any area used for emergency equipment, fuel, supplies, passengers, mail and freight, radar, communications, utilities, and landing systems, including but not limited to flight operations, ground services, emergency services, terminal facilities, maintenance, repair, or storage. C. Planning Projects If this project involves planning or other aviation studies, the Agency assures that it will: 1. Project Scope: Execute the project in accordance with the approved project narrative or with approved modifications. ~---~~ Joint Participation Agreement (JPA) Exhibit C ~~ Page 3 (11/29/2005) 2. Reports: Furnish the Department with such periodic project and work activity reports as required 3. Public Information: Make such material available for examination by the public. No material prepared under this Agreement shall be subject to copyright in the United States or any other country. 4. Disclosure: Grant the Department unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this Agreement. 5. Department Guidelines: Comply with Department airport master planning guidelines if the project involves airport master planning or developing an airport layout plan. This includes: a. Providing copies, in electronic and editable format, of final project materials to the Department. This includes computer-aided drafting (CAD) files of the airport layout plan. b. Developing acost-feasible financial plan, approved by the Department, to accomplish the projects described in the airport master plan or depicted in the airport layout plan. The cost- feasible financial plan shall realistically assess project phasing considering availability of state and local funding and the likelihood of federal funding under the Federal Aviation Administration's priority system. c. Entering all projects contained in the cost-feasible plan out to twenty years in the Joint Automated Capital Improvement Program (JACIP) database. 6. No Implied Commitments: Understand and agree that Department approval of this project Agreement or any planning material developed as part of this Agreement does not constitute or imply any assurance or commitment on the part of the Department to approve any pending or future application for state aviation funding. D. Land Acquisition Projects If this project involves land purchase, the Agency assures that it will: 1. Applicable Laws: Acquire the land interest in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970; the National Environmental Policy of 1969; FAA Order 5100.37A; FAA Order 5050.4A.; chapters 73 and 74, F.S., when property is acquired through condemnation; and section 286.23, F.S. 2. Administration: Maintain direct control of project administration, including: a. Maintaining responsibility for all contract letting and administrative procedures necessary for the acquisition of the land interests. b. Securing written permission from the Department to execute each agreement with any third party. c. Furnishing a projected schedule of events and a cash flow projection within twenty (20) calendar days after completion of the review appraisal. d.' Establishing a project account for purchase of land interests. e. Collecting and disbursing federal, state, and local project funds. 3. Loans: Comply with the following requirements if the funding conveyed by this Agreement is a loan for land purchase according to Chapter 332, F.S.: Joint Participation Agreement (JPA) Exhibit C Page 4 ZJ;~~I, 1/29/2005) a. The Agency shall apply for a Federal Aviation Administration Airport Improvement Program grant for the land purchase within 60 days of executing this Agreement. b. If federal funds are received for the land purchase, the Agency shall notify the Department by _. U.S. Mail within 14 calendar days of receiving the federal funds and is responsible for reimbursing the Department within 30 calendar days to achieve normal project federal, state, and local funding shares as described in Chapter 332, F.S. c. If federal funds are not received for the land purchase, the Agency shall reimburse the Department to achieve normal project state and local funding shares as described in Chapter 332, F.S., within 30 calendar days after. the loan matures. d. If federal funds are not received for the land purchase and the state funding share of the land purchase is less than or equal to normal state and local funding shares as described in Chapter 332, F.S., when the loan matures, no reimbursement to the Department shall be required. 4. New Airports: a. Protect the airport and related airspace by ensuring local government adoption of an airport zoning ordinance or amending an existing airport zoning ordinance, consistent with the provisions of Chapter 333,. F.S., prior to the completion of the project. b. Apply for federal and state funding to construct a paved runway, associated aircraft parking apron, and connecting taxiway within one year of the date of land purchase. c. Complete an airport master plan within two years of land purchase. d: Complete construction necessary for basic airport operation within ten years of land purchase. 5. Use of Land: The Agency shall use the land for aviation purposes in accordance with the terms of this Agreement within ten years after the acquisition date. 6. Disposal of land: For land purchased under an Agreement for airport noise compatibility or airport development purposes, disposition of such land will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. E. Aviation Construction Projects If this project involves construction, the Agency assures that it will: 1. Certifications: Provide certifications that: a. Consultant and contractor selection comply with all applicable federal, state and local laws, rules, regulations, and policies. b. All design plans and specifications comply with federal, state, and professional standards and applicable Federal Aviation Administration advisory circulars. c. The project complies with all applicable building codes and other statutory requirements. d. Completed construction complies with the original project plans and specifications. (11 /2912005) Joint Participation Agreement (JPA) Exhibif C Page 5 w 2. Construction Inspection & Approval: Provide and maintain competent technical supervision at the construction site throughout the project tb assure that the work conforms to the plans, specifications, and schedules approved by the Department for the project. The Agency assures that it will allow the Department to inspect the work. The Department may require cost and progress reporting by the Agency. 3. Pavement Preventative Maintenance; With respect to a project for the replacement or reconstruction of pavement at the airport, implement an effective airport pavement maintenance management program and the Agency assures that it will use such program for the useful life of any pavement constructed, reconstructed, or repaired with state financial assistance at the airport. F. Noise Mitigation Projects If this project involves noise mitigation, the Agency assures that it will: 1. Local Government Agreements: For all noise compatibility projects that are carried out by another unit of local government or are on property owned by a unit of local government other than the Agency, enter into an agreement with that government. The agreement shall obligate the unit. of local government to the same terms, conditions, and assurances that apply to the Agency. The agreement and changes thereto must be satisfactory to the Department. The Agency assures that it will take steps to enforce the agreement if there is substantial non-compliance with the terms of the agreement. 2. Private Agreements:, For noise compatibility projects to be carried out on privately owned property, enter into an agreement with the owner of that property to exclude future actions against the airport. The Agency assures that it will take steps to enforce the agreement if there is substantial non-compliance with the terms of the agreement. 3 ~ Joint Participation Agreement (JPA) Exhibit C Page 6 (11 /29/2005) Fin. Proj. No.: 422874-1-94-01 Contract No.: Agreement Dater EXHIBIT D PROJECT AUDIT REQUIREMENTS The administration of resources awarded by the Department to City of Sebastian may be subject to audits and/or monitoring by the Department, as described in this section. MONITORING In addition to reviews of. audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as .defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate. by the Department. In the event the Department determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department staff to Ci of Sebastian regarding such audit. City of Sebastian further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the FDOT's Office of Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General. AUDITS PART I: FEDERALLY FUNDED Recipients of federal funds (i.e. state, local government, or non-profit organizations as defined in OMB Circular A-133, as revised) are to have audits done annually using the following criteria: 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this agreement indicates Federal resources awarded through the Department by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor. General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. However, if the recipient elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non- Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other #han Federal entities). 4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFD title and number, award number and year, and name of the awarding federal agency. ._ Joint Participation Agreement (JPA) Exhibit D Page 1 of 7 PART II: STATE FUNDED Recipients of state funds (i.e. a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes) are to have, audits done annually using the following criteria: 1.~ In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year, the recipient must have a State single or project- specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the .Department of Financial Services and the CFO; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this agreement indicates state financial assistance awarded through the Department by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department, other state agencies, and other- nonstate entities. State financial assistance does not include Federal direct or pass- through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting- package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. However, if the recipient elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency awarding it. PART III: OTHER AUDIT REQUIREMENTS The recipient shall follow up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute. is resolved. Access to project records and audit work papers shall be given to the FDOT, the Department of Financial Services, and the Auditor General. This section does not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this agreement shall be submitted, when required by 3 O Joint Participation Agreement (JPA) Exhibit D Page 2 of 7 Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: A. The Department at each of-the following addresses: Florida Department of Transportation Office of Modal Development 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309-3421 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. In the event that a copy of the reporting package for an audit required by PART I of this agreement and conducted in accordance with OMB Circular A-133, as revised, is not required to be submitted to the Department for reasons pursuant to section .320 (e)(2), OMB Circular A-133, as revised,. the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited schedule of expenditures of Federal awards directly to each of the following: Florida Department of Transportation Office of Modal Development 3400 West Commercial. Boulevard Fort Lauderdale, Florida. 33309-3421 In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letters issued. by the auditor, to the Department at each of the following addresses: Florida Department of Transportation Office of Modal Development 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309-3421 3. Copies of financial reporting packages required by PART II of, this agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: Florida Department of Transportation Office of Modal Development ~~~ 3400 West Commercial Boulevard ~g Fort Lauderdale, Florida 33309-3421 'jq ? Joint Participation Agreement (JPA) Exhibit D Page 3 of 7 B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or the management letter. required by PART III of this agreement shall be submitted by or on behalf of the recipient directly to: A. The Department at each of the following addresses: Florida Department of Transportation Office of Modal Development 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309-3421 5. Any reports, management letter, or other information required to be submitted to the Department pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of at least five years from the date the audit report is issued, and shall allow the Department, or its designee,, CFO, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department, or its designee, CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the Department. :l~-~ Joint Participation Agreement (JPA) Exhibit D Page 4 of 7 EXHIBIT -1 STATE RESOURCES State Agency Catalog of State Financial Assistance (Number & Title) Amount Department of Transportation 55004 -Aviation Development Grants $3,125 Objectives 1. To provide funding for airport planning, airport improvement, land acquisition, and airport economic development. Activities Allowed: Airport Planning Airport Planning Grants are to study options for airport development and operations. The Department funds airport master plans, airport layout plans (ALP), noise and environmental studies, economical impact, services development, and airport promotion. Examples of projects are: - Master plans and ALPs; - Master drainage plans; - Environmental assessments (EA); - Development of regional impact (DRI); -Operations and emergency response plans; - Federal Aviation Regulations (FAR) Part 150 noise studies; - Environmental impact studies (EIS); -Wildlife hazard studies; - Feasibility and site selection studies; - Business plans; - Airport management studies and training; - Air services studies and related promotional materials. (FDOT Aviation Grant Program Handbook) Airport Improvement These grants are to provide capital facilities and equipment for airports. Examples of projects are: - Air-side capital improvement projects (runways, taxiways, aprons, T-hangers, fuel farms, maintenance hangers, lighting, control towers, instrument approach aids, automatic weather observation stations); - Land-side capital improvement projects (terminal buildings, parking lots and structures, road and other access projects); - Presentation projects (overlays, crack sealing, marking, painting buildings, roofing buildings, and other approved projects; - Safety equipment (including AARF fire fighting equipment and lighted Xs); - Safety projects (tree clearing, land contouring on overrun areas, and removing, lowering, moving, and marking, lighting hazards); - Information technology equipment (used to inventory and plan airport facility needs); - Drainage improvements. (FDOT Aviation Grant Program Handbook) _ ~~ Joint Participation Agreement (JPA) Exhibit D Page 5 of 7 Land Acquisition This grant program protects Florida's citizens from airport noise and protects airport clear zones and runway approach areas from encroachment. Administrative Costs, appraisals, legal fees, surveys, closing costs and preliminary engineering fees are eligible costs. In the event the negotiation for a fair market value is unsuccessful, the court will be petitioned for "an Order of Taking" under the eminent domain laws of Florida. Examples of projects are: -Land acquisition (for land in an approved master plan or ALP); -Mitigation land (on or off airport); -Aviation easements; -Right of way; -Approach clear zones. (FDOT Aviation Grant program Handbook) Airport Economic Development This grant program is to encourage airport revenue. Examples of projects are: -Any airport improvement and land purchase that will enhance economic impact; -Building for lease; -Industrial park infrastructure and buildings; -General aviation terminals that will be 100 percent leased out; -Industrial park marketing programs. (FDOT Aviation Grant Program Handbook) Aviation Land Acquisition Loan Program The Department provides interest free loans for 75 percent of the cost of airport land purchases for both commercial service and general aviation airports. This is a general description of project types. A detail list of project types approved for these grant programs can be found in the Aviation Grant Program manual which can be accessed through the Internet at www.dot.state.fl.us/Aviation/Public.htm. Commercial Service Airports Matching Requirements are as follows: Commercial Service Airports When no federal funding is available, the Department provides up to 50 percent of the project costs. (FDOT Aviation Grant Program Handbook and Section 332.007(6) Florida Statutes) General Aviation Airports When no federal funding is available, the Department provides up to 80 percent of project costs. (FDOT Aviation Grant Program Handbook and Section 332.007(6) Florida Statutes) Economic Development The Department provides up to 50 percent of airport economic development funds to build on-airport revenue-producing capital improvements. This program is for local match only. (FDOT Aviation Grant Program Handbook and Section 332.007(6) Florida Statutes) 4a Joint Participation Agreement (JPA) Exhibit D Page 6 of 7 Airport Loans The Department provides a 75 percent loan program to fund the Aviation Land Acquisition Loan Program. (FDOT Aviation Grant Program Handbook and Section 332.007(6) Florida Statutes) NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. ~~ Joint Participation Agreement (JPA) Exhibit D Page 7 of 7 `f~{~i rnra ~~B~T HOME OF~PELICAN ISIAND City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: Proposed Increase in Cemetery Agenda No: Q~~, l ~ C~ ~ Rates Department Origin: City Clerk ~ ~ ~ Financew~~~`'~' Cemetery Sexton ~(,,~, Approved for Submittal by: Date Submitted: AI Minner, City Manager For Agenda of: City Attorney: Exhibits: ^ Current Rate Resolution R-02-30 ^ Cemetery Code Secs. 34-1 - 34-58 ~ Finance Director Report Cemetery Trust Fund ^ Cemetery History Synopsis ^ Other Cemetery Rates ^ Pro osed Rate Resolution Expenditure Required: Amoun# Budgeted: Appropriation Required: N/A N/A N/A SUMMARY STATEMENT For several years staff has been considering recommending a rate increase for Sebastian Municipal Cemetery due to the fact that we believe that sometime wi#hin the next fifteen years the cemetery will reach full capacity and we feel it is necessary to preserve as much of the cemetery space for City residents as possible. We will recommend two alternatives, 1) to establish two sets of rates rather than the current three, one for City residents and the other for non-residents at double the resident rate; or 2) to restrict cemetery sales to only Sebastian residents. The last rate time we amended the rates was in 2002 by adoption of R-02-30 (see attached). In 2005 a report was prepared and submitted to City Council to update them on the current status ofi available lots and the possibility of running out of room in the foreseeable future. They understood the need but recognized it was not yet urgent. ~ ~ A mee#ing was held with the Finance Director, Cemetery Sexton and me on May 15, 2007, j I and in reviewing the rates, policies and future perpetual care needs we now wish to make I I some recommendations for Council consideration. ~ I I I The Finance Director has prepared an explanation and analysis of the cemetery trust I fiund so that you better understand the use of cemetery revenues, and the need to build it I I up to an acceptable level to accommodate perpetual maintenance upon build out. ~ I The Cemetery Sexton has provided lot/niche and service rates from other municipalities and private. cemeteries for comparison. i v I have provided you with an historical synopsis so that you can get a feel for how we acquired the cemetery property and how it has evolved over the years. I have also provided the current rate resolution R-02-30 and code language for the cemetery. We will be seeking some minor amendments to the existing code language as well to define who is a City resident-and who is entitled to the resident rate. In your review, please be aware that from 1949 to 1959 there was a deed covenant that required us to charge the same fee for City and Roseland residents. When the Sebastian Cemetery Association deeded the land to the City of Sebastian the covenant was removed, however, we have continued to honor the covenant and have charged the City resident rate to Roseland residents to this day. This covenant release was discovered by the City Attorney in the 90's while reviewing the City's sale of land on the west side of US 1 that was once part of the cemetery to a private owner. This is the site of the World Bank. Cemetery property that was deeded to the City was probably part of Roseland many years ago, and Roseland and Sebastian had strong ties, however, with development of the apartment complex in Roseland and future development that may come their population is bound to grow. Roseland is considered all of that area north of the City limits to the Brevard County line and from the Indian River west to the our City limits on Roseland Road. While City Council may decide to continue with three sets of rates, staff recommends two sets of rates, one for residents and one for non-residents. While we do think it appropriate to charge people outside the City a higher rate, we want to leave it open to them due to the fact that people may have a loved one already interred in the cemetery, and restricting burial to only Sebastian residents may prohibit their burial near a loved one. However, if Council feels the wiser course of action is to restrict the cemetery to City residents only, this concern could be addressed by allowing non-residents having an immediate family member buried in the cemetery to purchase lots at a higher rate. We leave this policy to Council. One other issue we need to address is how we determine residency. In our discussions we felt that the City residency rate should only be offered to City residents for their own impending or future interment, and that proof of residency must be provided to receive that rate. Purchase of lots by residents for other individuals or family members who reside outside the City and sometimes even outside the State at the City resident rate has been allowed. By offering lots/niches at the resident rate only to residents who will be interred in the cemetery, we can ensure that our City residents will have ample opportunity to be buried in their own Municipal Cemetery for the next several years. If Council agrees with this recommendation, we would like to see language in the Code to require proof of residency. This would not prohibit other family members from outside the City from being buried adjacent to a loved one, but they would have. to pay the non-resident rate. RECOMMENDED ACTION ~` ~ Review the submitted material, decide on the appropriate rates and direct staff to bring back a new resolution for the next meeting. Discuss proposed residency rate language recommendation and direct staff to bring back ordinance for first reading to amend the cemetery code. , rr _ ~; ~-f' 1 RESOLUTION NO. R-02-30 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA RELATING TO MUNICIPAL CEMETERY RATES; ESTABLISHINt3 RATES FOR IN-GROUND LOTS, CREMAINS LOTS, COLUMBARIUM NICHES, PERSONNEL SERVICES, CORNER MARKERS, AND NICHE VASES AND RINGS; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian, Indian River County, Florida owns and operates a municipal cemetery; and WHEREAS, Section 34-11 of the Code of Ordinances ~of the City of Sebastian requires that cemetery rates be set by resolution; and WHEREAS, the rates were recently increased to fall in line with cemeteries in surrounding areas; and WHEREAS, due to a growing demand for single cremain lots, Unit 4 Block 13 has been designated as eighty 4' X 4' single cremain lots and the City has determined that it will charge half the full lot fee for these sites. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER GOUNTY, FLORIDA, THAT: Section 1. INTERMENT AND SERVICE RATES -Interment and service rates are hereby established for: 1. Residents who reside in the corporate limits of the City of Sebastian and in the unincorporated area of Indian River County,- located north of the City of Sebastian, more particularly known as Roseland 2. Residents of the unincorporated area of Indian River County, other than that area north of the City of Sebastian, more particularly known as Roseland, 3. Residents of all other locations other than that described in (a) and (b) above. Interment and Service Rates shall be as follows: ~'~ PROPERTY DESCRIPTION (a) CITY RESIDENTS- (b) COUNTY RESIDENTS (c) OUTSIDE COUNTY 4''x 8' and 4' x 10' Lots 700 950 1125 4' x 4' or 4' x 5' Cremains Lots in specified Blocks of Unit 4) 350 475 575 Odd Triangular Crernains Lots ~ 275 375 450 Columbarium Niches -Single 900 ~ 1150 1350 Columbarium Niches -Double 1350 1725 2025 Corner Markers (Set of 4) ~ 20 ~20 20 Vase and Ring for Niches cost cost cast SERVICES FEE Cremain & Niche Interment 20 Cremain & Niche Disinterment 20 Opening/Closing (any type of burial) Weekday 75 Overtime and Saturday 125 SundayMoliday 150 Section 2. SERVICES INCLUDED. The purchase price for in-ground interment sites includes sodding of the grave site and perpetual care, but does not include the cast of installing a suitable concrete foundation for grave markers as required by Section 34-113 ofthe Code of Ordinances of the City of Sebastian. The purchase price for niche interment space includes a bronze plaque provided, engraved and mounted bythe Cityof Sebastian. Section 3. CONFLICT. Ail resolutions or parts of resolutions in conflict herewith are hereby repealed. °' Section 3. EFFECTIVE DATE. This Resolution shall be come effective immediately upon its adoption. ~u 2 This resolution was moved far adoption by Councilmember Matcher .The motion was seconded by Councilmember _Barcz^yk and, upon being put to a vote, the vote was as follows: Mayor Walter Barnes Vk~-Mayor Jim Hill Councilmember Joe Barczyk Councilmember Ed Majcher, Jr. Councilmember Ray Coniglio aye aye ~, aye aye aye --- The Mayor ther®upon declared this Resolution duty passed and adopted this 10th day of July , 2002. CITY OF SEBASTIAN, FLORIDA By: Ce~~,`,~ Mayor Waiter Barnes _ ~ . ~ ATTEST: ~ . ' V r ~~ r ~ - ~, ally A. alrr, CMC City Clerk-_ Approved as to form and content for reliance by the City of Sebastian only: ~~ Rich Stringer, City A ey 3 ~,}9 Cemetery Trust Fund Financial Status The Cemetery Trust Fund revenues mainly consist of cemetery lot and columbarium niches sales and interest earnings. According to the City Ordinance 0-93-12, one-half of the proceeds from the sale of interment sites shall be used for cemetery capital expansion. Funds in the cemetery trust fund not employed in cemetery expansion shall be invested to generate investment income for cemetery perpetual care. As of September 30, 2006, the total fund balance of the Cemetery Trust Fund was $656,160. Of which, $113,210 is reserved for Sebastian cemetery capital expansion (expendable reserve) and $542,950 is reserved to generate interest income for the cemetery perpetual care (nonexpendable reserve). The cemetery perpetual care is part of the General Fund operations. It is funded by the General Fund and investment earnings generated by the non-expendable reserve. The current annual cost for the cemetery care is approximately $140,000. For FY 2006-07, the Cemetery Trust Fund contribution to the General Fund for the cemetery care is $7,046. In order to build up the Cemetery Trust Fund expendable reserve balance to generate adequate funding for the cemetery perpetual care, an adjustment to the current rate structure is needed. The Audited financial Statements of the Cemetery are as follows: City of Sebastian, Florida Balance Sheet Cemetery Trust Fund September 30, 2006 ASSETS: Cash and Equivalent $ 13,055 Investments 636,943 Interest Receivable 6,206 Total Assets 656 204 LIABILITIES AND FUND BALANCE LIABILITIES: Accounts Payable 44 Total Liabilities 44 FUND BALANCE: Cemetery Capital Expansion reserve 113,210 Perpetual Care Reserve 542,950 Total Fund Balance 656,160 50 Total Liabilities and Fund Balance 656 204 City of Sebastian, Florida Revenues, Expenditures, and Changes in Fund Balance Cemetery Trust Fund For the Year Ended September 30, 2006 REVENUES: Cemetery Lot Sales $ 59,825 Investment Earnings 24,494 Sale of Fixed Assets 1,100 Total revenues 85,419 OTHER FINANCING USES: Transfers to General Fund for Cemetery Equipment 7 626 Total Other Financing Uses (7,626) Net Changes in Fund Balance 77,793 Fund Balance -September 30, 2005 578,367 Fund Balance -September 30, 2006 656 160 .._~ ~\ ~ `~ ~~, CEMETERIES § 34-5 ARTICLE I. ][N GENERAL Sec. 34-1. Applicability. - The rules and regulations in this chapter shall be. applicable in the municipal cemetery. (Code 1980, § 8-18) Sec. 34-2. Trust fund. (a) A cemetery trust fund is hereby established which will be administered by the finance director pursuant to the policies established by the city council. (b) A permanent endowment, in the minimum amount of $376,000, is hereby established, the proceeds of which shall be used for the sole purpose of providing funding for the operation, care and maintenance of the cemetery. (c) The proceeds from the sale of interment sites in the cemetery shall be deposited into the trust fund, one-half of which shall be added to the permanent endowment. Non-endowed funds will be used solely for capital expansion of the cemetery to provide for the plotting, acquisition, watering system installation and related costs incidental to providing additional interment sites for future sale. (d) Funds in the cemetery trust fund shall not be used for any purpose, other than stated in (b) and (c) above and shall be invested in accordance with the city's investment policy. As a part of the consideration for the purchase of interment sites, the city obligates itself to use the proceeds of such sales for no other purpose than as stated in this section. (Code 1980, § 8-1; Ord. No. 0-93-12, § 1, 6-23-93; Ord. No. 0-01-20, § 1, 9-26-O1) Cross reference-Finance, § 2-86 et seq. Sec. 34-3. Records. The cemetery sexton and office of the city clerk shall keep records as required. (Code 1980, § 8-19) Sec. 34-4. Unlawful conduct. It shall be unlawful for any person to break or injure any tree or shrub, or mar any landmark, marker or memorial or in any way deface the grounds of the cemetery. (Code 1980, § 8-18.1) Sec. 34-6. Hours; trespass. The cemetery shall be open daily from 7:00 a.m. until sunset. Any unauthorized person on the grounds after sunset will be a trespasser. (Code 1980, § 8-20) 5_ Supp. No. 29 CD34:3 § 34-6 SEBASTIAN CODE Sec. 34-6. Speed limit.: Speed of over 16 miles per hour on internal roads within the cemetery will not be permitted, and no unauthorized person shall either ride or drive ,upon the lawn. (Code 1980, § 8-18.2). Cross reference-Traffic and vehicles, ch. 98. Sec. 34.7. Locating of interment sites. All interment sites must be located by the sexton or other designated city official. (Code 1980, §8-21; Ord. No. 0-93-12, § 2, 6-23-93) Sec. 34.8. Easement along in-ground interment sites. An easement is reserved along all in-ground interment site lines for water, sprinkler system, etc., as identified in recorded plats: . fCode 1980, § 8-22; Ord. No. 0-93-12, § 3, 6-23-93) Sec. 34.8. Pauper's interment sites. Pauper in-ground interment sites and permanent markers .for paupers may be permitted with approval of the city manager. (Code 1980, § 8-23; Ord. No. 0-93-12, § 4, 6-23-93) Sec. 34-10. Fee for opening or closing interment site. When an interment site must be located and market by the sexton or other authorized city employee for interment, the city shall charge a fee to the funeral home requesting the services, such fee as set by resolution of the city council; from time to time. (Code 1980, § 8-24; Ord. No. 0-93-12, § 6, 6-23-93; Ord. No. 0-02-16, § 1, 11-13-02) Sec. 34-11. Interment site prices. Prices of all interment sites, appurtenances, and services in the cemetery shall be uniformly set by resolution of the city council, from time to time. (Code 1980, § 8-26; Ord. No. 0-93-12, § 6, 6-23-93; Ord. No. 0-02-16, § 2, 11-13-02) Sec. 34-12. Gratuities prohibited. The cemetery sexton or person in charge shall not accept gratuities from anyone. Any service that; can be performed will be performed for all. (Code 1980, § 8-26) Sec. 34.13. Sale of interment sites. No interment site owner shall allow interments in their interment sites for a remuneration, nor shall any transfer of interest therein be valid except by written consent of the city. No interment sites shall be bought or sold for speculation. (Code 1980, § 8-27; Ord. No. 0-93-12, § 7, 6-23-93) $upp. No. 29 CD34:4 (53 CEMETERIES § 3418 54 ;. Sec. 3414. Approval of work on interment sites required. No work of any kind may be done on interment sites except by the cemetery sexton or his designated representative, excepting opening and closing of in-ground interment sites by the vault company and installation of monuments or markers that meet with the. cemetery sexton's approval in accordance with the rules and regulations. (Code 1980, §8-28; Ord. No. 0-93-12, § 8, 6-23-93) Sec. 3416. Vault or grave liner required. All interments in standard in-ground interment sites in the cemetery shall be required to have a concrete vault or other approved permanent type grave liner installed before burial. All cremains must be placed in a suitable approved permanent type container. (Code 1980, §8-29; Ord. No. 0-93-12, § 9, 6-23-93) Sec. 3416. Burial of human dead only; number of interment. All interment sites shall be used for the interment of human dead only. Number of interments per individual site is as follows: (1) Standard in ground interment sites. Only one interment shall be made in a standard 4' x 8' or 4' x 10' in-ground interment site except in the case of; a mother and infant; two children under one year of age, not necessarily in one coffm; one coffin and one cremain; and, two cremaina. (2) Cremains in ground interment sites. Only one cremains interment shall be made in a 4' x 4' or 4' x 5' cremaina in-ground interment site. (3) Niches. Only one cremains interment shall be made in a single niche. (d) Double niches. Only up to two cremains interments shall be made in a double niche. (Code 1980, §8-30; Ord. No. 0-93-12, § 10, 6-23-93; Ord. No. 0-02-16, § 3, 11-13-02) Sec. 3417. Urn size requirement for niche interments. Urns for interment in single niches in unit 4 and double niches in unit 3 shall be determined and regulated by the cemetery sexton or his designee. (Code 1980, §8-31; Ord. No. 0-93-12, § 11, 6-23-93; Ord. No. 0-02-16, § 4, 11-13-02) Sec. 3418. Interment site markers. (a) Standard and cremains in ground interment. sites. (1) Design. The following provisions shall apply to standard and cremains in-ground interment site markers: a. Inscriptions. A marker may contain the full name of an individual, date of birth and date of death. In addition, symbolic floral carvings; family crests or emblems; Supp. No. 29 CD34:5 § 3418 SEBASTIAN CODE religious marking, fraternal emblems; suitable epitaph; and designation as to relationship of the deceased (such as son, daughter, husband, father, etc.) maybe used. b. veteran's markers. Those markers received from the Veterans' Administration may include such information as name, rank, serial number, date of death, and other information such as the Veterans.' Administration from time to time places on such markers. (2) Placement. All cemetery markers shall be either bronze, marble or granite, and shall be flush with the ground. No permanent attachments shall be above the marker. No slabs of any kind will be permitted; provided, however, to preserve the historic nature of Units 1 and 4 of the Sebastian Cemetery; and where there are existing slabs and aboveground markers, restoration of existing slabs and aboveground markers will be permitted. (3) Size. The following size standards shall apply to site markers. a. Flush markers. Flush markers are permitted in all sections of the cemetery. Flush markers for standard 4' x $', 4' x 10', and 4' x 4' and 4' x 5' sites shall not exceed 36" in width and 18" in depth and shall be a minimum of 4" thick. A double marker for two adjoining (side by side) standard 4' x 8' and 4' x 4' sites shall not exceed 72" in width and 18" in depth and shall be a minimum of 6" thick. Bronze markers shall not exceed 24"x24". b. Above ground markers for standard 4' x 8' and 4' x 10' sites. Above ground markers are permitted in Units 1 and 4 and shall not exceed 36" in width, 48" in height (from ground elevation), and 8" in thickness. These markers may be erected on a base which shall not exceed 36" in width, 8" in height, and 18" in thickness. A double marker for two adjoining (side by side) standard 4' x 8' and 4" x 10' sites shall not exceed 72" in width, 48" in height (from ground elevation), and 8" in thickness. These markers may be erected on a base which shall not exceed 72" in width, 8" in height, and 18" in thickness. Above ground markers are not permitted on 4' x 4' or 4' x 5' cremains sites. c. In the event a family owns at least six 4' x 8' or 4' x 10' sites adjacent to one another, the Cemetery Sexton, at his discretion, may allow a larger marker in lieu of individual markers placed on each site. (4) Alignment. All markers shall be in a line consistent with each other as determined by the cemetery sexton. Any unapproved marker shall be removed, repaired or realigned at the monument company's expense. (5) Concrete foundation. All markers shall have a suitable concrete foundation provided by the monument company. (6) Period for installment after burial. All markers shall be installed within 120 days after burial. Where this regulation renders a hardship or presents any special problems, Supp. No. 29 CD34:6 § 3422 such as an estate not settled, special consideration will be given. Request for special consideration should be made in writing to the Sebastian City Clerk,1225 Main Street, Sebastian, Florida 32958. (b) Niches. (1) Design. All niche markers shall be bronze plaques, provided in the cost of the niche, engraved and installed by the City of Sebastian. a. Inscription. The bronze marker shall include the full name, date of birth and death of the decedent. b. Vases. If desired, all costa for vases and rings will be incurred by the niche owner. (Code 1980, §§ 8-32-8-34.1, 8-35; Ord. No. 0-91-27, § 1, 10-23-91; Ord. No. 0-93-12, § 12, 6-23-93; Ord. No. 0-02-16, § 5, 11-13-02) Sec. 34-19. Art'if'icial and fresh flowers, blankets. No more than two bouquets of artificial or fresh flowers will be allowed at any gravesite. Artificial flower arrangements will be permitted to remain until they become faded or unsightly. Fresh flowers will remain until unsightly. No glass or ceramic flower containers or ornaments shall be allowed, however, a plastic flower container no more than six inches deep, six inches wide and 24 inches long may remain in place unless broken or in decrepit condition. No wires shall be allowed to hold flower arrangements permanently in place at the interment site. Blankets are allowed to be placed prior to any holiday but must be removed within ten days following the holiday. (Code 1980,. § 8-36; Ord. No. 0-93-12, § 13, 6-23-93; Ord. No. 0-02-16, § 6, 11-13-02) Sec. 34-20. Use of living memorial tree or shrub. Whenever a living memorial tree or shrub is desired, arrangements must be made with the cemetery sexton as to size, type and placement as designated by the cemetery sexton, in a planting area designated by him. Grave blankets are allowed during holidays or special occasions and can remain for a maximum of ten days. (Code 1980, § 8-37; Ord. No. 0-02-16, § 7, 11-13-02) Sec. 34-21. Pruning and removal of vegetation. No trees, plants or shrubs shall be planted, pruned or removed except by the sexton or person in charge who shall have authority to do so upon any interment site when he/she may consider such planting, pruning or removal necessary. (Code 1980, § 8-38; Ord. No. 0-93-12, § 14, 6-23-93) Sec. 34-22. Enclosures and mounds prohibited. r Enclosures of any nature such as fences, copings, hedges, ditches, etc., shall not be allowed around any in-ground interment sites. Earth mounds will not be permitted. (Code 1980, § 8-39; Ord. No. 0-93-12, § 15, 6-23-93) `F~ Supp. No. 39 CD34:7 § 34-23 SEBASTIAN CODE Sec. 34-23. Interments. Interments shall be permitted seven days a week. (Code 1980, § 8-40) Sec. 34-24. No liability. The city is not responsible for theft or damage to anything placed on any interment site. (Code 1980, § 8-13.3; Ord. No. 0-93-12, § 16, 6-23-93) Sec. 34-25. Violations of article; penalties. A violation of any of the rules and regulations contained in this article shall be considered a violation of the ordinances of the city, and any person adjudicated in violation of such rules and regulations shall, in addition to any penalty imposed by court not exceeding $500.00 fine and/or not exceeding 90 days imprisonment, be denied the right to do further business in the cemetery of the city. (Code 1980, § 8-41) Sec. 34-26. Rule violations; procedures. ' If any of the rules contained in this chapter are violated, the sexton or other city employee should bring the matter to the attention of the city clerk for the specific interment site involved. The city clerk will then notify the owner of the interment site or his estate or last known relative by certified or registered mail. The clerk shall send a copy of the rules and regulations with the specific items underlined in reference to the alleged violations; and a brief letter notifying them of the appropriate action against the violator.should the violation remain uncorrected beyond a reasonable period of time. (Code 1980, § 8-59; Ord. No. 0-93-12, § 17, 6-23-93) Secs. 34-27-34-60. Reserved. ARTICLE II. VAULT COMPANIES AND GRAVEDIGGERS* Sec. 34.61. Copy of chapter to be given. The vault company and/or contractor (gravedigger) shall be given a copy of this chapter and be guided by all requirements therein. (Code 1980, § 8-51) Sec. 34-52. Inspection and approval of excavations and closings. The cemetery sexton or person in charge shall inspect and approve excavations and closings by the vault company and/or contractor (gravedigger). (Code 1980, § 8-52) *Cross reference-Businesses, ch. 30. Supp. No. 39 CD34:8 CEMETERIES § X58 Sec. 34-53. Notification of clerk of problems encountered. The vault company and/or contractor (gravedigger) shall notify the city clerk or other official of any problems that may be encountered. (Code 1980, §8-53) Sec. 34-54. Minimum depth for standard in-ground interments. Interments in standard in-ground interment sites must be excavated to at least five feet deep at the shallowest point. Cremain .urns interred in standard or cremains in-ground interment sites must be covered by a minimum of ten inches of soil. (Code 1980, §8-54; Ord. No. 0-93-12, § I8, 6-23-93) S.ec. 3455. Liability for damages. The vault company and/or contractor (gravedigger) shall exercise care to protect all gravemarkers, monuments, sprinklers, etc., and shall be held liable for any damage incurred. (Code 1980, §8-55) Sec. 3456. Use of vehicles on platted in-ground interment sites. The vault company and contractor (gravedigger) shall exercise care in driving a vehicle from cemetery roads onto platted in-ground interment sites to haul fill for a vault. Adequate protection by use of timbers, plywood and other approved devices shall be provided to adjacent in-ground interment sites. The vehicle shall remain in low gear while on platted in-ground interment sites and proceed slowly in and out to the roadway. (Code 1980, §8-56; Ord. No. 0-93-12, § 19, 6-23-93) Cross reference-Traffic and vehicles, ch. 98. Sec. 34-57. Removal of tent after burial. The vault company or contractor (gravedigger) shall remove his tent as soon as practicable after completion of the ceremony and interment. (Code 1980, §8-57; Ord. No. 0-93-12, § 20, &23-93) Sec. 34-58. Removal of excess dirt. The vault company or contractor (gravedigger) shall remove all dirt from adjacent gravemarkers, monuments, etc., as he completes interment. Surplus dirt shall be hauled to the spoil site as designated by the sexton or other designated city official. (Code 1980, §8-58; Ord. No. 0-93-12, § 21, 6-23-93) ,,r. Sapp. No. 29 CD34:9 ~~ .~- DECEMBER 8, 1924 Town of Sebastian Incorporated AUGUST 24,1926 DEED -BEGIN AT THE SE CORNER OF LOT 16, VICKERS SUBDNISION, RUN NORTH 16 DEG., 15 2 MIN., WEST 185.6', THEN NORTH 73 DEG., 44.2 MINE 19.65', THEN S 17 DEG., 11 MIN. E 177.34', THE S 82 DEG., 55 2/ MIN. WEST 20.1' TO POINT OF BEGINNING TO BE USED FOR STREET PURPOSE ONLY DEED WITH CEMETERY PROPERTIES -STANDARD OIL CO. / CITY OF SEBASTIAN FEBRUARY 3,1927 DEED -BEGINNING AT THE 1/4 SECTION OF THE NE SIDE OF SEC 30 F.G, RUN S 44 DEG -47' E (S 43 DEG -01 2 E) ALONG THE F.G. LINE 46.75' TO P.R.M. OF OCEAN BREEZE SUBDNISION; THENCE S 45 DEG -15' w (S 47 DEG. -001/2 W) 74.45; THENCE S 88 DEG -58' W (N 89 DEG -16 2 W) 383.6' TO P.R.M. OF ABOVE SUBDNISION; THENCE N 45 DEG -30' E (N 47 DEG -15 2 E) 352.0' TO (A PINE STAKE SQUARED MARKED ON NW FACE A27" ON NE FACE AGL@ ON SE FACE LEMON STREET@) F.G LING; THENCE S 44 DEG -47' E (S43E-21'E) 217.7' TO THE POINT OF BEGINNING. CEMETERY PROPERTY - E.W. & MARY VICKERS /SEBASTIAN CEMETERY ASSOCIATION APRIL 16,1930 DEED -BEGINNING AT A POINT ON THE NE LINE OF SEC 30 OF THE FLEMING GRANT AT A STAKE MARKER LEMON STREET, RUN SW ALONG THE SOUTH LINE OF LEMON STREET 806.1' TO THE CORNER OF LEMON STREET &WAUREGAN AVENUE, THEN NW ALONG THE RIGHT-OF- WAY LINE OF WAUREGAN AVE 700' TO THE W CORNER OF LOT 26 CEMETERY PROPERTY -ADOLPH & MARIA PESAT, WILLIAM & BESSIE HILLEBRAND / SEBASTIAN CEMETERY ASSOCIATION FEBRUARY 6,1935 DEEP - W 1/2 OF THE SW 1/4 OF SEC 7, TOWNSHIP 31 S, RANGE 39 E, CONTAINING 80 ACRES AND A STRIP OF LAND 100' IN WIDTH ALONG THE W LINE OF SW 1/4 OF THE NW 1/4 OF 7, 31S, 39E AND EXTENDING 100' EAST OF SAID WEST LINE OF SAID SW 1/4 OF THE NW 1/4 OF 7, 31S, 39E CEMETERY PROPERTY -VICKERS BROTHERS /CITY OF SEBASTIAN 7ULY 9,1935 DEED -THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST. CEMETERY PROPERTY -VICKERS BROTHERS /CITY OF SEBASTIAN 5~' MARCH 7,1938 DEED -CEMETERY PROPERTY -SEE DEED SEVERAL PARCELS INVOLVED CITY OF SEBASTIAN TO GEORGE VICKERS DUNE 9,1949 DEED -THE NORTH 20' FEET OF THAT CERTAIN STREET 30' IN WIDTH RUNNING IN AN EASTERLY & WESTERLY DIRECTION AS SHOWN ON PLAT OF BRADDOCK'S SUBDIVISION RECORDED IN PLAT BOOK 4, AS TO THAT PART OF SAID PUBLIC STREET LYING BETWEEN THE EASTERLY BOUNDARY LINE OF SOUTH CENTRAL AVENUE AND WESTERLY BOUNDARY OF U.S. 1 CEMETERY PROPERTY - E.W. & MARY E. VICKERS /CITY OF SEBASTIAN DECEMBER 29,1949 WARRANTY DEED -SEBASTIAN CEMETERY ASSOCIATION DEEDED VICKERS CEMETERY TO THE CITY OF SEBASTIAN WITH COVENANT -provided that cemetery lots be available to all Sebastian and Roseland residenfs as long as space is available with no discrimination shall be practiced as to cost of /ots ** FEBRUARY 27,1950 DEED V-SHAPED TRACT IN FRONT OF CEMETERY NOVEMBER 4,1959 City Council established deed restrictions for cemetery lots DECEMBER 9,1959 QUIT CLAIM DEED FROM SEBASTIAN CEMETERY ASSOCIATION TO THE CITY OF SEBASTIAN WHICH REMOVED THE COVENANT **BEGINNING AT A POINT ON THE NE LINE OF SEC 30 OF THE FLEMING GRANT AT A STAKE MARKED LEMON STREET 806.1' TO THE CORNER OF LEMON STREET AND WAUREGAN AVE.; THENCE NW ALONG THE EAST RIGHT OF WAY LINE OF WAUREGAN AVE 700' TO THE WEST CORNER OF LOT 26 OF WAUREGAN TOWN SITE, THENCE NE BETWEEN LOTS 25 & 26 - 816.7' TO THE NE LINE OF SEC 30 OF FLEMING GRANT, THENCE SOUTHEASTERLY 700' ON GRANT. LINE TO POINT OF BEGINNING. THE PARCEL OF LAND BEING 12.9 ACRES MORE OR LESS AND INCLUDING ALL OF LOTS 26 AND 27 AS SHOWN ON PLAT OF WAUREGAN DEED DESCRIPTION OF VICKERS CEMETERY 7ANUARY 16,1961 ALL OF LOT 4, BLOCK 8, SECTION C OF SEBASTIAN CEMETERY FRANK C. & ESTELLE VICKERS /CITY OF SEBASTIAN ~a~ JANUARY 17,1961 THE SOUTH 2 OF LOT 3, BLOCK B OF SECTION A OF UNIT 1 OF THE SEBASTIAN CEMETERY MARY CATHERINE & CHARLES DAY SEMBLER /CITY OF SEBASTIAN FEBRUARY 11,1980 ARTICLES OF INCORPORATION FOR SEBASTIAN CEMETERY ASSOCIATION, INC. FILED - CHARTER NO. 750988 APRIL 13,1970 R-200 Cemetery rates established AUGUST 12,1974 Rates resolution adopted by Council JANUARY 12,1976 0-76 Annexed Cemetery Property FEBRUARY 11,1976 First meeting of the Cemetery Committee in City Clerk records JUNE 13,1977 Ordinance 0-77-2 established rules and regulations for cemetery JANUARY 23,1980 Resolution No. R-80-6 established rates and sale priorities -rates for Sebastian and Roseland the same FEBRUARY 11,1980 Ordinance No. 0-77-2A amended rules and regulations for cemetery JANUARY il, 1982 Resolution No. R-82-3 -increased rates but still same rates for Sebastian and Roseland MARCH 9,1983 Ordinance No. 0-77-2B -amended rules and regulations for cemetery OCTOBER 10,1984 Resolution No. R-84-35 changed Sebastian Cemetery Association to Sebastian Civic Association ,,,,--~'~ l 1 NOVEMBER 21,1984 Resolution No. R84-44 -approved construction of gazebo AUGUST 13,1986 Resolution No. R-86-41-amended rates and sale priorities -still gave Roseland same rate as .Sebastian APRIL 3,1989 Last meeting of the Cemetery Committee in City Clerk records AUGUST 23,1989 Amended Section 8-24 of cemetery code Resolution No. R-89-42 established fees for after hours' services MAY 22, 1991 Resolution No. R-91-17 increased rates -still gave Roseland same rate as Sebastian OCTOBER 23,1991 Ordinance No. 0-91-27 allowed larger markers TUNE 23,1993 Ordinance No. 0-93-12 complete rewrite of rules and regulations Resolution No. R-93-17 increased rates -still gave Roseland same rate as Sebastian APRIL 14,1999 Resolution No. R-99-23 -declaring surplus properly on west side of US 1 and directing City Manager to offer it for sale -Town of Wauregan -portion of lot 27 SEPTEMBER 26, 2001 Resolution No. R-01-67 -increased rates -still gave Roseland same rate as Sebastian 7ULY 10, 2002 Resolution No. R-02-30 -increased rates -still gave Roseland same rate as Sebastian NOVEMBER 13, 2002 Ordinance No. 0-02-16 -amended certain rules and regulations for cemetery (~ Z SEPTEMBER 10, 2003 Resolution No. R-03-41-accepted as-built survey prepared by Kimley-Horn as official cemetery map Ip3 City of llunedin r~lorida Dinnedin Municipal Cemetery« Meetings ~ Events Events Calendar Government Calendar Departments City Clerk City Commission City Hall Community Services Employment Finance Fire Administration Leisure Services library Public Works Services Yage 1 of 1 Nestled between Keene Road and Jeny Lake, the Dunedin Municipal Cemetery is the final resting place of many pioneer family members of Dunedin. With over 2,500 interments, there are very few full burial spaces available. In order to offer more space to Dunedin residents or family members of those interred in the' cemetery, the Dunedin City Commission passed a resolution in 2005 that added two additional features to the cemetery; a scatter garden and niches that will accommodate cremains only. The cemetery comprises approximately 7.75 acres and has been maintained by the City of Dunedin since 1927. In 1996 the Dunedin Historical,Society created a Cemetery Preservation Committee to improve, support and augment the work of the city caring for the cemetery. ~~. From time-to-time full. burials aces ome available and the City Clerk's office maintains a wailjng fisf-o~~ to ~nnsTiing to purchase same. A ditionally, there are several in ground spaces for cremains only. Online Services Purchasing Solid Waste Services Utility Billing Volunteer Services Water Services ~, • Full burial space - $2,625.00 One cremain may be buried in same space with one regulation casket with vault. • In ground cremain spaces - $2,625.00 A maximum of six cremains per space is permitted. • Cremorial niches - $1,417.50 Niches provide for the interment of two cremains, one in each section. • Scatter Garden - $200.00 Allows for the scattering ofcremains in aheart-shaped setting and the placement of a brass plate on a black granite monument. • Fees for burial - $7.50 stake out fee (Monday -Friday) $22.00 stake out fee (Sundays and Holidays) _ Please note that per Resolution 06-33, the above rates shall be increased In the amount of five (5%) each year on January 1. The first adjustment shall be made on January 1, 2007.. http://www.dunedingov.com/home.aspx?page=departments/CityHalUCemetery&title=Mun... 5/15/2007 __ _ ~ . ,: ',;(PR-30=2007 it 31: ~AYCOGK-HILLGREST 17724616397. P.002. . ~ ~ .. ~. I~~:~~LeREST 1VIEMORIAI~ GARDENS- 6025 NORTHH ~J;S.I~JGHWAY 1 FORT PIERCE; FLORIDA 34946-7402 (772)461-5912 `' DI~CLO`SURL`PJ2ICE LIST . , ~ -prices. effeCtive:Febi~ary.15, 2007 Tb~3 qurrcne:rztdil pride assfiown ~bclow i~ provider! in compliance. with 497:333 ofthc Florida Statues. It sJic~ul~i'be noied:t>iat t}iu, Burial Righi Y~ice. does uot:include. any cemetery miscellaneous merchandise, nor , doi:S it include and! ~cemeEery serviee charge for the apcning and closing fee, the instsllatiun charge on memorialiration, or au}~ othec.normal service charge connected with the use o~Fthc purchased burial rift. However, the burial.~ight prier does include the perpetual. caro_£ees in the amount.required by law, You, thc~ce~nsuirier,~may ve16e4 the.ljntittf tight.and.merchandise`or serviccsyou may desiro to purchaee fri~m • ~ anc-thotr supplier, such, as a furietal.home~; should:it bo availttble &om. such tent. .. ~. _ ~ ~: ~ ~ ~ ~ MiNIMIIMSERVICES O~ C~MF;TERY AND STA1~'r . -. . :. Adult Iriterrrlerit.: ~.~ $ 995.00 . Adult Entombment ~ ~ ~ . $ 995.00 . Cremated R~tnains .::. ~•.~ •. ~' :- .. $ 595.00 . (groiirld/r~iehe).:: ~ . ' .Infant less thaii`~~ yc~t .' ._ `:: , .... , ~ :~ ~ : ~. $ 250.00 .: (ground>lilirial); . H~DI;IDAYS: New Fears Day;.IndepcadcnacDey, Gabor Day, Memorial Day, Tl~anks~ivit,g.. No :services are.av~ilable, on :~hristtnas Day IN ORDER TO~PRpPERL,Y,-1UEi~l'TIFY A~TD PR'FPARE'll~ CEMETERY PRUPER'!'Y FOR Pl:,A~;~EMENT, HT1.~.:CRES'F:MEMORIAI~ GARD~TS RESPEC 1'FULLY RBQU~STS THA'I' l~it)TT~TGATION AIJ'D AUTHORTZ.ATIONS B'E CO1vIPLETEh AT TI°IE C>MfiTERY ~'-,T . ~ l,f.;AST'~CWENTI' FOLIR~~(24) HOli1tS PRIOR TO:SERVICE/CEREMONY AT THE . C1;N11E11rlftY. lylS1:NTERMENT . Rt;quires:4$ h4u'r. advaiicc notice~au~ sib*imed ~autlicirization required.. DJ SiNTFRMEN'1' FEE:. Monday thra Friday 9:OOAN1 to 3:OOPM $1,295.00 (d~aes.nof include lhC disp<asal :of merchatidise~ :. UJtN biSTN'T'ERM$NT FEE ~ ~ ' ~ ~ $ 795.00 l~i(? INTERMENT V.V~LL $E. AI:LOWED ~i THE. CEMETEF.Y AFTER 4:00 PM `J 'otPR-30-2007: 11:.32. AYCOCK HILLCREST 17724616397 P.003. M~-u~olpum Lctter'uig (Scrcni~.Buitding) .: :. ~ :.:..:.- _ Singe ,. -.-:'- :. ~. .. .. ` : .:. : $ 350.00 - .:. Doubly ~ : . - $ . ;550.00 '- I/mlilema-Faclr .. ~ $ 150.00 . _Vaes ~ . ~ $ 150.00 M~wsoleuzin Crypt Plates (Dignity Gucderi Butdins) - :: Single or Companion .(includes vase : ~ $ 650.00 .. _ Ccrtfca~e of:Interment.Ri~faran~-fer..: $ 50.00 . - Lost ~C~rlificatc'of Iixterrr-en~ Right:i~ilaeemeztt_ `~ 5, 50.00 Ctrt~ficate-.of.inteixnent Right name chan~d ~ -.. $ . 35.00 . . .. Se~~orid night'of 1nt~iment •#'gr~Casketed~Rem~iits - - ~ (Une balf:hf they. ourrc4t price of.th~purchasedapace : lvlinimum $ 825.00) Se~i~nd Ai~ht of Tnterment~Entoinbmentfor Greiriated Remains $ 550.00 ,. ~ - Cn~ound Burial, Spaces.::: ' .::.:..• ~.' . ~ ~ ~ $ :7,795A0 to $ 795.00 . ` . Outer Buris~ Containers - :.; .$1 5;000.00 to $: 720.00 - ~ Lawn Crypts::. -- .._ ::.~~ ...~ • .. ~' -. ,.. ~ •~ ~ • -.. $ X3;495.00 to . $2,095.00. • • - ~ . Mausolcuni Cryptti ~ ~.:: `. ` . ~ ~ $ 9;245.00 to $3,750:00 - Nic~es . .... _ $ 2,600.00 to $ 000.00 C~iske'ts. - - . .. .: $:10;695.00 to $ 495.00 . ~>,J~:ns . - . $ 3,495.00 to $ 95.00 • Bcrrches - .$ 7,500,00 to $1,795.00 - M~~naorials : .: ~ .~.:: $11,0.00,00 to $ 95.00 ... ,. ... - Gx~atutc 1V~emarial-.eases : .~ : . ~ ~ $ , fiS0,00 to $ .150.00 Record ArcKivii~g fee ~. $ 80.00 .V~iult Installation Fee.. ~ 0.00 10 . . (1'rice~includcd~in:vaults`svld liy..Filleccat lv~emorial Gardens) - V~ISes. (Niche; acid tlon'iriverted on ~rariite) ° $~ ` 1:00.00 . to $ 595.00 C1LEM~TIQN IviFMORL~-1,lGATION $16,800.00 to $ 95,00 ... - -~ ' AI.L _PIEtIC~S:SUSJ)ECT T~-.CH~AAATGE WITHOUT NOTICB '1'l~-e cbnsurricr may..choosd the item: dcsirecl and- will be charted pnly for those purchased, pl~~s:any tax and-ti-late doeumentat'y stamps that may 6e applicable: The cnnsumer understands lhetc might be exii~a charges for other items or service, including items of . se.rvi.c;~,providcd by feral directoi, or direct disposers. The undersigned hereby acktiowled8es receipt of the iiSt be~otc tlzere was any discussion of selection. .: T~atedahis. - ... day of - ~ 2~0 Sifinied ... ~. • - Ul ~ - _ .. •= TOTAL P.003 Brevard Memorial Park 320 Spring Street, Cocoa, FL 32927 /) ,~~ J Tel (321) 636-6041 Fax (321) 631-3218 l ". ~- CEMETERY PRICE DISCLOSURE Effective February 1, 2007 The current retail price information is provided in accordance with Florida Statutes and is subject to change. You may select the Interment Rights, merchandise and services of your choice and will only be charged for those items selected and purchased from us. Special orders of merchandise not listed below will be quoted upon request. The purchase and payment of the Professional Service Fee (Opening and Closing) is required in order to use any Interment Rights. Entombment. Interment. Inurement Rights: Mausoleum Family Companion Interior Family Companion Exterior Single Niches Single Lawn Crypts Burial Vaults Urns Bronze Crvot & Niche Lettering Caskets Traditional Orthodox Cremation $16,690 to $18,690 $9,690 to $12,190 $5,290 to $10,290 $1,250 & up $6,995 $895 and up $125&up $175 to $575 $695 to $7,595 $795 to $1,995 $795 to $2,995 Professional Service Fee of Cemetery Staff (Opening & Closing)* Adult $1095 Baby $175 Cremation -Single Ground or Niche $545 Disinterment/Disentombment $1095 to $1,245 Disinurnment $545 Second Right Interment/Inurnment $1,295 Garden Spaces Single $2,195 to $3,395 Babyland $425 Memorial Benches Granite Benches Urn Vaults Bronze Memorials Granite Bases Miscellaneous Outside Vault Setting Fee Ceramic Cameo Portrait Mausoleum Tray Table Vase Ground Vase Assembly Flowers Interior Crypt Emblems Bronze Refinishing Archiving Fee Transfer Fee Dignity Caze Package Dignity Aftercaze Planner MEM Tribute Legal Services Membership - lyeaz $995 & Up $165 & Up $295 & Up $255 & Up $95 $695 $175 to $295 $255 $535 As Selected $160 $195 to $595 $80 $50 $635 $245 $345 $150 Private Estates - $22,500 & Up -Designed to meet your needs Garden Of Memories -Cremation Memorialization Options *Professional Service Fee of Cemetery Staff (Opening & Closingl• Fee includes but is not limited to consultation with the ~(' family; preparation and filing of necessary authorizations and consents; coordinating with those providing other portions of the funeral (Funeral Homes And Vault Companies); locating and preparing the space; handling all equipment needed; arranging flowers immediately following the service; top dressing, seeding and/or sodding; disposing of flowers four days after the service; and other required details. X790 &u ,A~ Revised 2/1/2007 r .i {j. f` ~{i Brevard Memorial Park 320 Spring Street, Cocoa, FL 32927 Tel (321) 636-6041 Fax (321) 631-3218 Cemetery Price List Effective February 1, 2007 MAUSOLEUM Constructed Interior Family Com anion Single $16,690 $9,190 $16,690 $9,190 $16,690 $9,190 $18,690 $10,290 $18,690 $10,290 $18,690 $10,290 Constructed Exterior Family Com anion Single $9,690 $5,290 $10,990 $5,790 $10,990 $5,790 $12,390 $6,790 $12,590 $6,890 $12,190 $6,690 NIC HES Mausoleum Interior Glass Front $2,995 Mausoleum Interior $2,695 Exterior Garden Bui.ldin Levels A thru F $2,195 Exterior Garden Buildin Levels G thru M $1,995 Cremation Memorialization Garden $1,250 & U Interior Letter ing Bronze Plates Woodcrest Bronze Plates Deluxe Com anion $575 Deluxe Com anion 24 x 6 or 7 $675 Deluxe Com anion 23s/. x 6%. $675 Famil Com anion $575 Famil Com anion 24 x 6 or 7 $675 Famil Com anion 17S/. x 6'/e $525 Sin le C t $525 Sin le C t 16 x 6 or 7 $525 Sin le C t 17s/. x 6'/4 $525. Niche $175 Niche 6 x 3'/ $295 Niche 6x3 $295 Emblems $160 Niche 5 x 3 $295 Mausoleum Famil G round Vase $535 Small Table Vase $255 l~~ GARDEN SPACES BREVARD MEMORIAL PARK Lawnc is in Garden of Devotion Sec. E,F,G 8~ H $6,995.00 Veterans 1, 2, 7 8~ 8 -Palms, Catholic, Memories, Peace $3,195.00 Veterans 3, 4 & 5 -Jewish, Christian, Millennium $2,695.00 Veterans 6, All Faiths $2,195.00 Estates Garden $3,395.00 Bab land $425.00 Second Ri ht $1,295.00 Misce llaneous Di ni Care Packa a $635 Ceramic Cameo Portrait $695 Di ni Aftercare Planner $245 Archivin Fee $80 MeM Tribute $345 Transfer Fee $50 Le al Services Membershi 1 Year A/N Onl $150 Flowers As Selected 24 Hour Com assion Hel line 1 Year A/N Onl $95 Outside Vault Settin Fee $95 ./~ l' i ,'i ;~~~ l BENCHES (All bench sites require General Manager approval prior to sale and most benches require a base) Bench located in cemetery -bench price and cemetery space price Item # Pink Pearl Granite Only Model Bench Site Total Price MOOOMISC Granite Bench without Base -Mausoleum Walk Only S - 44 $995 $995 $1,990 MOOOMISC Granite Bench with Granite Base & Vase S - 44 $1,195 $995 $2,190 MOOOMISC Granite Cremation Bench with Granite Base & Two Granite Vases S - 45 $1,395 $2,095 $3,490 OPENING AND CLOSING SERVICE FEES* Item # Service Mon-Sun 9-5:00 ITERMNT Interment $1,095 ENTMBMNT Entombment $1,095 INURNMNT Inumment $545 Baby $175 Disinterment Disentombment Baby Cremation DISINTER Disinterment: Weekdays 9:00 am to 3:00 pm only $1245 .$1,095 $295 $545 i` ~q *Opening and Closing Service Fees: Fees include but are not limited to consultation with family; preparation and frling of necessary authorizations and consents; coordinating with those providing other portions of the funeral (Funeral Homes and vault companies); locating and preparing the space; handling all equipment needed; arranging flowers immediately following the service; top dressing, seeding and/or sodding; disposing of flowers four days after the service; and many other details that must be handled. - 0Ad26/2007, 14.:26_ : ' "321242861 ". .: FOUNTAINHEAD PAGE 02/04 ' ~ F.ountainhead Mt'marial Park .. ~" " 7303.Babcock S1 $E; Palm. Bay; ~I 32909 Tel (321)__758-0776 `Fax (321) 724-2861 . _ Cemafery•Pt1Qe List ~fioclhre. February 1, 2007 Revlaed 211/2007 • • ~ ~~~.' ` 1VI~AUSQL,E. UM .ConstruCt~d Intefioir ~: .Family Companion.. Deluxe; .:: .. Com anion .. : ~Singl¢ ~ . - . _ ,~ $11,250. ~. ~ . $.t2 650 $9;150 $11 250. :$1.2,650: $9;1.50 $11,250 $12,650 $9;1b0 $12.750 ~. ' $14;150; ;.$.1.0,250 $12,750 , . _ $14 950 • .$:10.250 $42750 , $14;150 . $10;250 :Constructed.:Exterior >Family Coat anion ~ 13e/uxe ~ Gom anion Single . '~ $6 950 $7,550 . $4 650 $7,250 $7,850 4,950 :$7,550. :.. $8,Q50 $5.150 '~~ .$8 950 ~ ~ $9,650 $5 750 $8,350 .. ~ $9,650' $5,760 810 X50 . $}1,650. " $5,700 .: ~$10,'t50• ~ $11;750 ` $6 800 $9 950 :~ $11.,550. $6.600 Pre-Constructed Ext erior Family Com an/on Deluxe Com anion Single $6;450 $7,050 $4,400 $6 750 $7,350 $4 700 $7,050 ~ $7 550 $4,900 $7,850 $9,150 $5,500 $X,850 9,1.50 $5 500 "$9,550 $11150 ~ $@;450 ' ~ $9,65D $11,250 ~ $6,550 "$9,450 X11 050 $6 350 ... .. . ~ ~ NhC HES MausoleumInterior Glass Front. ~ $2 915 Mausoleum Interior $2;615 Exteno~,~.GardedFBuildin` $1~J~5~~ :Gretration Memor~alization'Garden.: ~ ,.~:. ~ $1~1!~5 $4;000` :.Interior Letter ing ~ • ~ ~ ~ Bronze Plates "~. • ~ Woodctr~st Bronze Plates Deluxe Com anion. $575 Deluxe Com :anlori ~ 24 x 6 or 7 : $675. Deluxe Companion 23'/. x 6'/. $675 Famil Com anion ~ ~ $575 •Famll GAm anion • ~ 4 x 6 or 7 . $6'75 Famil Com anion 17'/, x 6% $525 Sln le C pt . " $525 Sin le "C t 16 x 6 or 7 $525 Sin le C t 1 T/, x 6'/, $525 Niche ~ $1.75 Niche 6:x 3'!: .$295 Niche 6x3 $295 Emblems ~ ~ $16A Niche 5 x .3 $295 ~ Mausoleum Famil Ground Vase $535. SmaIl:Table Vase $265. . ~.: •.:. ~ - ~~ ~ GARDEN =SPACES. .. - ~ PLA7IMUM ~ ~ $s,a95.oo . ~ Peace; Remembrance' _ .. ~~ GOLD., .~ $2,ss5.oo . ..Veterans Court of :Honor: Bethesda, Memarie3;..f)91tQtion . Hoiy Name; Apostles,,"Masonic star of Devld.:: . SIIVBI~~ . ~ $2,495:00 Veteransil, Eternity ~ ~ SHARED ES1'~4'TE8 _ 322,500.00. _ ETERNITY: COMPANION ESTATES 319,500.00 OTHER PercE . Bab-land $425,00 . ~5econdRi ht':: ~ _ 3995.00 • . Misce llaneous. DI nitx Care Package $585 Ceramic-Cameo Portrait $695 DI ttit Aftercare Phrtner~. • ~ " $245 ' Archivin Fee $80 MeM Tribute : $345 Transfer Fee $50 ~e ai Services Membershi 9 YearA/. N Onl $150 Flowers As Selected 24 Hout• Com assion Hell-ine (1 Year A/N Qnl $95 "Outside Vaul! Setting Fee $95 p Fountainhead Memorial Park & Funeral Wome, February 1, 2.007 04/6/2007 14:26 ..~ ~ : 3~17~242B61•. ~ .: ~. ~ .... ~ ~ FOUNTAINHEAD All bench ~siteS- r'~2quf~ Ifem # ~ ~ I OOMIS.C . Granite Bench WitFi_ou t?OMISC Granite Bench with Gi ..:: • ~~3ENCIIES . Herat ~Mana~gera rroval~ rloF to Pearl Granite OnfY >@= M2Usoleum Walk f'inly' ' ~ a. ~~~~ vi cn.rauun p~nc~. WIEn ~ranl.[e BaSC & Two (~ • nbCAI1A/n A Ain ~~ ..v~^. mostbenches repuice a PAGE 03/04 -.y ~o~v • ~tiUU $1,650 44 $1 140 $800 $1,940 ^45 $1,300 $1,995 ~ $3,295 SERVICE FEES* ., .- ~, ~ ~ ~.,~ _~ _ ~ I vao .~ ~3t3U I $595 J\ ~paning and C/osing SQrvlCQ Fees: ~ ~ FeES include but are nOt l-mited to eonsuliafion with femAy; preparation and lifing o ecessary authorizations and copsents;.000rcltnating w~lh.those.. providing ol'hQr portions of the funeral-(Funeral Homes and vaul ompariies); localing and Preparing- the space; handling all equipment. needed; arranging flowers imm9diately following the service ~p dressing, seeding and/or sodding dispo,5ny.~oftlowcrs tour. days.afti3r fh~ service; and many oth~rdetails that must be handled. FOUntainhead Memorial Park & Funeral Home, Fe6ruerv 1. 200T ' `04/6/2007 14:26 ~ 3217242~61..~.~: ~:': : ~ FOUNTAINHEAD . ~... _ .. :C storm... ~morials . ~lrr Cambridge; Maytal~ & Sussex Designs „~„Aold $995 forlhtlivldual sculpied_portrait or~1•,900 fora comp .• ~ ~` •Pre-nium Memorials In Cameo, Simplicity, & Cascade. Design ::. Classic Memorials .:: ~ ~ ~ .~ ~ ~ In~Roekedge, Seabrook, & 1Noodc-est Designs .~: . ~ .. ~ .. :. ~ :. ~ Bronze Prlca MBV35616 ~ Com arilon wlvase : ~ ~ : , :56 x 16 ffi2,896 ~ B MBV32430 ~ Individua(s.or Com anion wlvase. '.. ~ ~ . 24 X.30 $2,295 S MBV34414 ~ Companion w/vise 44 z ~14 2 Y95 B MBV31624 Eom aniornw/vase ~ ~ ~ ~ 16; x 24 $1,495 B MBV32414. Individualw/vase ~ -'~ ~ $1 295 B~ .. ~~ ~ Ledaer:Memorials .. ': ~ In~Rockedg~ or~Eden Designs lterll.# .. .. ~ • M.B000_US7`'- ~Bronze..Ctbss wl ~2 vases . MBOOCUST ~ Full Ledger WI vase MBV11624. CremQrial :Cedgerw/2 Canisters; :Bronze . Price ~ . Item: # Base ~ Price 56 x 16 ~ 53,385 BGRV6020 60 x 20 $475. 24 x 30 $2 595 BGRV2834 213 x 34 $485 ~- ~.. 44 X 14 $2;61.5 BG17V4818 48 x 18 $355 18.x .4 $1,595 ~GRV2028 20 x 28 $265 _ 24 z 14 51,495 BGRV2818 2$ x 18 $255 4 Ltl.X 8 48x1 8 20X2 8 28x1 Bronze ~ Rrice Item# ~ ®ase Price 24 x 42 $2,695 BGRVLDGR 32 x 56 $925 32.x 72. $9,995 BGRVt.bGR 36 x 76 $1,425 lvase ~ 18 x 24 $1,995 BGRV2028. ZO x 28 w $265 . Ve>rera>>s ~iMemorials Item # ~ MVV52412: ~ ~ ..~ ~ :. ~ .V Alternative Memorial P.ro ram ~v/vase ~ w price $1225 .Item # ~ . BGRV6016 " Base S/xE 60 x 16 MVN~2412' . Vets Alternative Memoribl~Progratii w/o vase ' $850 B.QRN6016 60 x 16 MBV32412 . 24. x 12 Matching Vets ~/vase assemply ~ ~: ~`~' ~ $1,175 BGRV6016 GO x 16 MBN12412 24 x.12 Matchin Vets wlowass.as~embl $800 BGRN6016 60 x 16 MBV32412 _:24x.12 Matphing Vets boutile lntermentwtiase assembly ~ $1,175 BGRV2838 28 x 38 MBN12412 24 x 12Matching Vets Doubte intermetitw7o vase assembly $800 BGRN2830 28 x 30 , MBV32412 24 x 12. Matchin .Vets Memorial:wwase assemtil on: ranite $1175 BGRV2824 . 28 x 24 ME,112412 24 x 12 Matchin Vets Memorial wlo vse assembl 'on ranite $800 BGRN2816 28 x 16 - Vets:Com anion.:Granite wlvasehofe~ no.vase~ : ~ BGRN6o16 60'x 16 - Vets Com anions Granite w/o vase hcle~ "na-vase' - BGR N6016 6D x 16 - ' Vets Companion Granite.wNase hole; no~vase ~ ~ `~ - . BGRN2838 28 x 38 - Vets Com anion Granite w/a:vase hole; no vase ~ - BGRN2830 28 x30 - Vets individual Granife.w/vase hole no vase . - BGRV2824 28 x 24 - Vets individyal Granite w/o vase hole;. no vase. BGRN2816 28 x 16 MBN12412 24~x 12 Matching Vets Bronze .Memorial w/o Granite Or vase - 5800 MOOOMISC Vets Vase Unit /lssembl ~ 5375 _ (SRMS C Bronze Refinlshin .B :Size $195 $265 $325 a- Fountainhead Memorial Pa rk & Funeral Home, Februa ry 1, 2007 PAGE . 04104 ,emnze .Price Item # Base. Price 56 x17 $3,995 BGRV6020 .60 x 21 $595 2.24.x 14 $3F275 BGRV0130 62 k 18 $695 _ ~: -?4 x.30 '~ t $2,765 BGRV2844 28x_44 $495 ~ 6 x 24 $1,875 BGRV2028 20 x 28 $475 _ 24 x 14 $1,395 8GRV2818 28 x 18 $255 APR-27-2007_ .-.50.:09 ~ _' FLORIDA MEMQRIAL:GARDENS P.02 :320.$prittg Street, Cocoa, Fb 32927 - 5950 S:iJS Hwy 1 Rockledge, FL. 32955 7303 Babcock St SE, Palm Bay, FL 32909 Tel (321)636-6041 Fax (321)~63I=321$; . :~~ei (320:636-5.054.'Fax (321) 639-6250 .Tel (321) 768-0.776 Fax (321)724-2861 . ~~. .~ ~~ ~.CEM~TERY PRICE DISCLOSURE . .. ~ . .~ ~`~'~~ ~ • ~ ~ .. . ~:, BffectiYe Marob.,I6, 2007 / .. ~ ~ ~` : ~ ~.. _~ ~::Y.. ~ ~.: ~.~(~0 . ~ ~~ / ~°~ ~ .Date C~ Customer Signs . The cwrent retail price information is .pro~!ided in accordance with Florida Statutes .and is subject to cha e. You may select the Interment Rights, merchandise and services of.~iour choice sad will only lie charged for-those items selected and pwchased from us. Special orders of merchandise not'listed below will be'quoted upoui request. ~ ' The purchase and~payaient of the Professional .Servbe gee {Opening and Closinp,~ is required in order to use any Interment Rights. Entombment. Intermebt.~ Inurnuient Rights:5 ~_ :. second Rfaltt Interment7inurnment_ $995 Mausoleum .. ~ ~ Garden.Snaees' Deluxe Companion = side by side ~ X7;850 . to~ $14;050 Single $2,595 to $3,495 .Family Companion=.endto end $7,250 tb: $.11;950 Babyland $425 Single .. $4,839. to,$8,000 , : ~ ~ Memorial Benches Niches .. .. Granite Benches $1,895 to $3,695 Single ~ . $1,150 to $2,915 ' rn Vaults: $'165 to $695 Lawn Crypts. ~ $6,745 ' Bronze Memorials $295 to $11,420 ' ~ ~ ~ ~ Granite Bases $150 to 51425 Burial Vaults ~: ' . ~, . ~ ~.~: $895. to 52,25 ' ' ~ Nliscellaaeous . Urns ` $20Q to : $1,595 Family Heritage Registry , $450 ... . =~. ~ TeffiporaryMarker $180 )3onze Crypt'& Niche Lettering ~ ~ ~ ~ ..~• ~:$i75 io. `$575 ,. Doge Release $225 . .. Outside Vault Setting Fee . $95 Caskets . - ~ ~ .. Ceramic Canneo Portrait ~ ' $695 Mausoleum Tray $175 to $295 Traditional ". - ~ . $695..ao. $8,50U , _ Table Vase $2S5 Orthodox ~ ~ ~: ' hI,395 to . $3,495. Ground Vase Assembly $535 Cremation ~ : ~ ~ ~ . ~ $595 t0~ $795" Flowers As Selected - liaterior Crypt Emblems $160 Professional Service Fee of Cemetery.Staff (Opening &:Closing)* Bronze Refinishing $195 to $S95 . ~ ~ ~ Archiving Fee $80 Adult. ~ ~ .' ~ ~. ~ ~ ~=$1.;095 .to $1,295 Transfer Fee $50 ,.... Baby ~ ~ ~ $125 .to' ~ $245 Dignity Care Package. $635 Cremation : - ~. _ .: $545_ .to.: $795 ~ :. Dignity Aftercare Planner.. ~ $245 DisintermentUDisentombnent ~ ~ ` ~< $595 to :$1145' MeM Tribute ~ ~ $345 Disinurnment, ' . :$595. MeM Album $50 .. Legal Srvc's Membership - lyr $150 Private Estates -~ $282816 & Up -Designed to meet your needs - Garden Of Memories. = Greination Memorialization Options . $590 to $17,820 ~~ . .. ~ 1._J *Professional~ Service Fee of CemeEerv Staff (Oipenine & Closine)i Fee includes but is not limited to consuttasion with the family; preparation and filing of necessary authorizations and consents; coordinating with those providing other portions of the funeral (Funeral .Homes And Vault Compairies); locating and preparing .the space;: handling all equipment needed; arranging flowers immediately following the service; top dressing, seeding~and/orsodding; disposing of flowers fow days-.after the service; and other required details.. • ' .:: `` ~ ~ ~ Revised 2-01=07 TOTAL P. 02 ;27/2007 12:30 7724661909.. 1RIVERVIEWB PAGE 02/03 P`RYCE LIST . - MAi~50L/~E~[J~1V~ ANA G~;A.VE SPAGES . ~ ~ ~ ~!''G i ~ ~.~j `~. ooh - ; " .:: - Groupd raves aces:..;.....: .....:.:.:..:....::........... Starting at 5400.00 to $800.00 g. P .. ...... $1~50.00~ - . .. : ~ Ground cremation epsces:.;.::::...a :....:....:........... Baby spaecs....... ,;:.~.:::::....::..::.::::.:::.: ........:.....: $100.00 ~ ~ ~ : - SRasff oaauaoleum nicties..:...:,::...:...: .::::.::............5800.00 Small mausoleu>np c ~ fs.:: •.:::~:;.::....':: ...::...:....... Starting at5995.00 prehneed ~~ ' SI295.O0 at need .... .. .... .. - .. :.Aevotion uYausoleum tandem faciugU~ #1:....:...•.••. Starting at 533.95.00 pre/need .: ' . $3895.00 at peed . ,: .. Starting at X095:00 prelneed Devotion iouausofeum sf>ogfe crypt :.:.:::..:;.:`..-.:...:,.. - .. $2395.00 at need .; ~ - . .. Devotion mausoleum side by. side .....................,.... Starting at $4395.00 pre/oeed :: ~ ~ $4895.00 at ~aeed .. .. .: ~. ..,.:. Devotion facia -cemetery tatodems .....::.~.:.::............'Staining at 3295.00, pre/need .g - ~ ~ ~ 53795:00 at need Devotion i'acung cemete . say le'c t ..::.:.............. Startin at $1995.00 re/need rY g ryP g l> ., 52495.00 at nee Devotioa mausoleum n~icbes.;.:...:. ~.:::..:...,.:_,:..:.....,: Starting at $300.00 pre/need ALL PftfCE$ IN.~TF~ M~U30LEUM' WCUUDE BttONZE NAME PLATE. DOES NOT. tNCL'UbE:UPEN~C:A.Nfl CioSLNG O1V GRi1,uE SPACES OR MAU50LEUM~ e2007 . 02:00 77:29.784.790"- : ~' CITY CLERK . _ ~ F'F-1Cat b'L/ b'1 I ~ .~ .. .~ PageB:bfS ; ~~ ~. ~~ 3 ~~ Mautos~uM cavprs RESOLUTION NO. R- A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA RELATING TO MUNICIPAL CEMETERY RATES; ESTABLISHING RATES FOR IN-GROUND LOTS, CREMAINS LOTS, COLUMBARIUM NICHES, PERSONNEL SERVICES, CORNER MARKERS, AND NICHE VASES AND RINGS; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian, Indian River County, Florida owns and operates a municipal cemetery; and WHEREAS, Section 34-11 of the Code of Ordinances of the City of Sebastian requires that cemetery rates be set by resolution; and WHEREAS, following a review of existing rates, the need to increase the cemetery trust fund for perpetual maintenance and preservation of lots for City residents forthe next several years initiated a need to increase rates. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, THAT: Section 1. INTERMENT AND SERVICE RATES. Interment and service rates are hereby established for: 1. Residents who reside in the corporate limits of the City of Sebastian. 2. Non-residents. Interment and Service Rates shall be as follows: ~% Cremain & Niche Interment 40 Cremain & Niche Disinterment 40 OpeningfClosing (any type of burial) Weekday (services that run past 3:30 pm will be charged at overtime rate) 150 Weekday after 3:30 pm, Saturday and Sunday 225 Holiday 300 Administrative/Transfer Fees Refunds and Transfers 5% of original cost Preparation and Installation of Temporary Markers 10 ~~ 1 Section 2. SERVICES INCLUDED. The purchase price for in-ground interment sites includes sodding of the grave site and perpetual care, but does not include the cost of installing a suitable concrete foundation for grave markers as required by Section 34-18 of the Code of Ordinances of the City of Sebastian. The purchase price for niche interment space includes a bronze plaque provided, engraved and mounted by the City of Sebastian. Section 3. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 4. EFFECTIVE DATE. This Resolution shall be come effective immediately upon its adoption. This resolution was moved for adoption by Councilmember motion was seconded by Councilmember to a vote, the vote was as follows: Mayor Andea B. Coy Vice Mayor Sal Neglia Councilmember AI Paternoster Councilmember Dale 1. Simchick Councilmember Eugene Wolff The and, upon being put The Mayor thereupon declared this Resolution duly passed and adopted this day of , 2007. ATTEST: CITY OF SEBASTIAN, FLORIDA By: Mayor Andrea Coy Sally A. Maio, MMC City Clerk Approved as to form and content for reliance by the City of Sebastian only: Rich Stringer, City Attorney 3 U~ ~Z cm ~~ ~~__ ,~`- HOME OF PELICAN ISLAND BUILDING DEPARTMENT 1225 MAIN STREET • SEBASTIAN, FLORIDA 32958 TELEPHONE: (772) 589-5537 • FAX (772) 589-2566 MEMORANDUM Date: 4/17/07 ~~ ~ f 1-~s ~' ~ ~f~5 ~'~'a T fi~yz To: Damien Gilliams ~~ ~~~ ~ r 1623 US Hwy-1 ~~,z ~- ~'~ ~ rn `~- /~~~ : ~ Sebastian, FI. 32958 ~~ --~ •~ ~ ~ ~ ~/! ~~ ~ ,y~ ~ r ~'~ ~1'T/ %lf--~g i 'f ~>~ti From: WayneEseltine,CBO ~~ S~~"~~ Building Director '~ \a_ „~ ` Subject: Agreement for allowing installation of dock pedestals for the purpose of providing lights and water on marina dock located at 806 Indian River Dr. in Sebastian Damien, Pursuant to our previous phone conversations, the City of Sebastian has agreed to allow the remaining 23 of the original 31 dock pedestals proposed, to be installed on the dock at 806 Indian River Dr. at the locations shown on the original plan for the purpose of providing lighting and water to the dock under the following conditions: It is understood by both parties that the all electrical outlets and associated breakers are to be removed from the 23 pedestals and the openings will be sealed with approved cover plates. The electric that will remain in the 23 pedestals will serve the light and associated breaker only. All pedestals will be inspected for compliance with the Building Code and National Electric Code by the Building Department. This modification will be considered a condition of electrical permit No. 06-004805 and must be shown on the approved plans for the permit. Any future restoration of electrical power to the individual pedestals will require a new permit from the Building Department. Signature is indication that said party agrees to all conditions contained herein. CC AI Minner, City Manager; Rich Stringer, City Attorney; Rebecca Grohall, Growth Management D' . "An Equal Opportunity Employer" ~ 7, Celebrating Our 75th Anniversary ~~ C[1Y OF 1225 MAIN- STREET TELEPHONE (772) 388-8201 SEBASTIAN, FLORIDA 32958 FAX (772) 589-5570 To: Rebecca Grohall, AICP, Growth Management Director From: Rich Stringer, City Attorney Date: Apri123, 2007 Re: Flagship Marina boat slip restrictions I have been asked to render advice as to what would be required procedurally to modify the restrictions placed on boat slip usage at the Flagship Marina (f/k/a Channel 68 Marina) under the final agency actions governing use of the site. The property is governed by a Revised Site Plan Approval by the Planning & Zoning Commission granted on October 3, 1996, and a Special Use Permit for outdoor seating on a dock granted by City Council through Resolution R-97-27 on May 7, 1997. The examination begins with the proposition that staff generally has no authority to administratively undo the enactments of a decisional body such as the City Council. The easy question involves Resolution R-97-27. I have reviewed the Land Development Code, which has been extensively modified since 1997, and find no requirement for a special use pe?mit for outdoor seating on a dock. It should be further noted that the area in question has been treated as a deck in the approval of the placement of awning, and the prior debate about its classification as a deck or a dock is now immaterial. The City Council could, if it desires, pass a resolution nullifying R-97-27 without the need for further action. The conditions of the Special Use were merely conditions of the site plan approval readopted, so not much would really change other than taking out the Council's mandate on the restrictions. Such an action by Council would leave the property governed by the Revised Site Plan. The process utilized to modify the conditions restricting the boat slip use would depend on what modification is being sought. If the owner merely wants to change the number of slips that can be used for restaurant patron parking, this would typically be processed administratively as a minor modification. However, where an owner asks to modify a s ecific condition from a P & Z approval, our precedent is to HOME CAF PELICAN ISLAND informally take the matter back to the P & Z for authorization before granting the modification (see attached minutes excerpt of 3/17/2005 meeting as an example). If the owner is looking to electrify the slips designated for restaurant parking, the decision to deny electricity to these slips as inconsistent with the approved use was an administrative determination that was not appealed and is, accordingly, binding. However, if City Council desired to pass an ordinance authorizing electrification of boat slips used for parking at a waterside facility, this would be the only avenue to change the current status on this issue. The fmal issue involves the use of the 10 boat parking spaces for short-term (up to 2 or 3 days) overnight moorage by visitors. The owner has argued that the P & Z intended to allow such a usage of the ten slips when it provided for use of the spaces for "transient restaurant parking slips". There is a category called "transient live-aboard" under marina uses in the LDR that provides for the use the owner wants to put in place. Despite the unfortunate use of the word "transient'' in the F&Z approval, the file clearly shows that P&Z did not intend to approve this live-aboard usage as shown by: a) The history of approvals and modifications demonstrate that the owner initiated the special designation of these ten slips by claiming them as parking spaces for his required parking allotment, and this special designation carried through on subsequent modifications; and b) There were no parking spaces required for these ten slips, whereas there was and still is a requirement that spaces be provided for the "transient live-aboard" category of marina uses. This question is moot, however, as this was a subsumed administrative determination that likewise was not made part of the appeal and was, thus, waived. If the owner wishes to add "transient live-aboard" slips, the options are to either provide more parking or pursue a variance. However, the expansion of the nonconforming use by adding transient live-aboard would require modifying the site plan approval and it would have to meet (or obtain a variance from) existing standards. The methodology of calculating parking for restaurants has changed, and staff has advised the owner and the tenant that a preliminary examination indicates that the facility would face an enormous deficiency in parking under the current standards. Should you need further guidance in ti'us matter, I am always available. g~ PLANNING AND ZONING COMMISSION MINUTES OF SPECIAL MEETING OF MARCH 17, 2045 Mr. Hass discussed the Maytag facility on CR-512. When it was approved for development in 1998, they proposed a dumpster enclosure on rear of the project site. After complaints from the resident at the rear of the site, the consensus of the commission at that time was to eliminate the dumpster location. The business is under new ownership and the new owner has placed a couple of dumpsters at the rear, one for recyclable materials and one for cardboard trash. The neighbors complained and code enforcement has been to the site anti gave the owner seven days to remove the dumpsters. After speaking with the owner, he would like to go through any procedure to obtain approval to place dumpsters on the site. After discussing this with the city attomey, it was felt that it should be presented to the commission. Mr. Stringer added that the approval for the dumpster placement can be done as an administrative amendment to the site plan, but since the commission specifically removed this from the plan we felt the commission should discuss the issue and direct us. MOTION by Oakes/Smith to take a consensus to support the recommendation by Tracy Hass regarding Maytag at Sebastian Boulevard. ROLL CALL: '° Mr. Faille yes Chmn. Smith yes Mr. Mahoney yes Mr. Seeley yes Mr. Oakes (a} yes Mr. Simmons {a) yes The vote was 6-0. Motion passed. Mr. Hass informed the commission about a new subdivision at CR514 and 66~' Street in the county, which is a 900-unit subdivision and recently the office received information about two other projects. Both of these projects will access their sites through Schumann Drive. Mr. Hass announced that Susan will be leaving and going to be working with the city attorney. Mr. Hass added that he would be out of the office for the next week attending an AICP conference. ATTORNEY MATTERS: Mr. Stringer reported on the final presentation to the oversight committee regarding the impact fees. They were ready to get it done and after getting a consensus of everyone there until he pointed out that our city council had not even met yet. He said we would not be vouching for their methodology as they have stated in the interlocal agreement. We will discuss with them the transportation impact fee zones. Our district goes down to Winter Beach Road and west to Okeechobee County. By law the impact fee districts are supposed to be rationally related to the transportation impact of the people pulling the building permits and paying the fee. Since ninety-five percent (95%) of the money that has gone into that district has come from the City of Sebastian, we don't feel this has been a good deal. Mr. Stringer added that this is a good chance to protect our own interests and we need to have that district changed in the near future. He feels it is time to go back to a smaller district. Chmn. Smith adjourned the meeting at 8:18 p.m. (3/21/U5 Sst) 3 ~~ xs CITY OF BEFORE THE CONSTRUCTION BOARD SITTING AS THE BOARD OF ADJUSTMENT OF THE CITY OF SEBASTIAN, FLORIDA IN RE: Revocation of Electrical Permit #06-004805 ORDER UPON APPEAL OF AN ADNIINISTRATIVE DETERMINATION THIS CAUSE came before the Construction Board, sitting in its capacity as the Board of Adjustment for the CITY OF SEBASTIAN pursuant to City Code section 26-69, on March 20, 2007, after continuance of a duly noticed hearing set for March 13, 2007, and based on the record of the evidence and matters of law, the BOARD enters the following Order: FACTUAL BASIS 1. On December 7, 2006, Appellant Damien Gilliams applied for a permit for the installation of 31 electrical pedestals to provide power to 49 boat slips at 806 Indian River Drive. 2. On December 18, 2006, a City permit technician issued Electrical Permit #06- 004805. 3. Citing that the plans had never been approved, could not be approved as submitted, and than the permit was issued in error, Building Official Wayne Eseltine revoked Permit ##06-004805 by written notice dated January 16, 2007. Said notice further directed that for work to continue, plans would need to be submitted limiting the number of pedestals to be installed to no more than the amount needed to serve the 15 full-service boat slips approved for usage under existing development orders governing the site. 4. On January 26, 2007 Gilliams served a written notice deemed sufficient to invoke an appeal of the administrative determination to revoke Permit #06-004805, for which proper jurisdiction lies with this Board. ~q~ HOME OF PELICAN 15LA~VD ISSUES PRESENTED 5. Appellant asserts that under governing law and regulation, the Building Official was without authority to revoke the permit. 6. Further, Appellant asserts that restrictions on the use of the boat slips cited by the Building Official do not exist. 7. As a matter of record, legal counsel to the Board directed that matters of equity and estoppel were not properly within the jurisdiction of this Board, and that these proceedings to determine an appeal of an administrative determination were without prejudice to Appellant's rights to raise these issues before a proper forum. CONCLUSIONS OF LAW 8. That the Building Official has the authority under state and local law to revoke the permit at issue. 9. That revocation of the permit was proper under the use restrictions governing the property. ACCORDINGLY, the Board enters this ORDER That revocation of Permit #06-004805 by the City of Sebastian Building O~cia1 is upheld. DONE AND ORDERED in Sebastian, Indian River County, Florida, this 20~' day of March, 2007. CITY OF SEBASTIAN, FLORIDA FRANK GARLAND, Chairman City of Sebastian Construction Board RENDERED this p~ S ~ day of April, 2007. .l' CATHY N PPI, Jerk " 2 CITY OF SEBASTIAN, FLORIDA 1225 Main Street Sebastian, FL 32958 Ph: 772-589-5537 Fax: 772-589-2566 E-Mail :city@cityofsebastian.org 06-004805 ELECTRICAL PERMIT . - - ~ Permit Type: ELECTRIC -SUB PERMIT SEBASTIAN, FL Class of Work: EL ECTRlCAL ~ Township: 31 Range: 39 Proposed Use: COMMERCIAL Lot(s): Block: Section: 06 Sq. Feet: Est. Value: Book: 001 Page: 001584 Cost: Total Fees: 45.00 Subdivision: Amount Paid: 45.00 Date Paid: 12/07/2006 Parcel Number: 06313900000007000005.0 Addr: Address: 806 INDIAN RIVER DRIVE SEBASTIAN, FL 32958 Phone: Lic: Phone: nspections equire +'ll~I'v'T °m~~CV"vii= {~THnovr~zzD~ MONTHS FROM ISSUANCE, OR IF CONSTRUCTION IS SUSPENDED, OR ABANDONED FOR A PERIOD OF 5 MONTHS AT ANY TIME. THE CONTRACTOR HAS CERTIFIED BY SIGNATURE OF APPLICATION, THIS DOCUMENT AND PLANS AND SPECIFICATIONS ARE TRUE AND CORRECT. ALL PROVISIONS OF LAWS AND ORDINANCES GOVERNING THIS 9F ~nrnou ~nni i a~ ~9MR-LIE -THE-RJR * NOTICE IN ADDITION TO THE REQUIREMENTS OF THIS PERMIT, THERE MAY BE ADDITIONAL RESTRICTIONS APPLICABLE TO THIS PROPERTY THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY, AND THERE F~DD1 MANAGEMENT DISTRICTS, STATE AGENCIES, OR FEDERAL AGENCIES. ** WARNING TO OWNER ** YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. THIS PERMIT IS APPROVED ON THIS DATE PURSUANT TO THE FLORIDA BUILDING CODE. WAYNE, ESELTINE, BUILDING OFFICIAL. ~ (~ ~ ,~ ~_---.. ~'" ~ ~ ''~ L ~ Contractor~~or Authorized Agent Date INSPECTIONS SHALL BE REQUIRED FOR ALL PERMITS. qa~ ~'-~' ~ . i~ t ~,~ ~~ ~~ L`ry.~ CFtY OF _,~ HOME OF vPELtCAN l1StANt} 1225 MAIN STREET ^ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 388-8201 ^ FAX (772) 589-5570 O~'fICE OE TtIE CITY ~iTTORAEY To: Sebastian Construction Board From: Rich Stringer, City Attorney Date: March 13, 2007 Re: Gilliams electric permit appeal I do not recall the Construction Board having a similar matter before it in all my years here, so I feel a memo is in order. You are presented with an appeal of an administrative determination, in this case, the revocation of an electrical permit. Under City Code section 26-69 this Board sits as the board of adjustment for the Electrical Code. The relevant item of jurisdiction as a board of adjustment is the authority to "hear and decide appeals when it is alleged that there is error in any ... determination made by an administrative official ...", City Code section 54-1-2.5(b)(2). Thus, the only issue that may be determined by this Board is whether it was erroneous for the Building Official to revoke the electrical permit. This Board does not have the authority to grant a variance to the requirements of the Code, to modify the approved site plan and conditional use approval for the subject parcel, nor does this Board have the authority to decide that the City is required to honor the previously-issued permit due to considerations of fairness or equity. Those are all matters that may only be properly considered by another body. The original permit revocation was based upon matters contained in both the Electrical Code section of the City Code, as well as matters arising under the Land Development Code. Rather than splitting the issues for determination by separate boards of adjustment, which is not accepted practice in matters of conflicting jurisdiction, I determined that the matter was most properly placed before the Construction Board because the ultimate issue revolves around revocation of an electrical permit. Although this Board by its nature tends to deal with narrow issues relating only to the technical codes, it must be remembered that those provisions do not operate in a vacuum, and in this matter there is an interplay with other provisions of City Code, state statutes and the Comprehensive Plan. For this reason, I recommend that the Board call a special meeting for nett week and continue this appeal to that time. If the continuance motion specifies a time and date certain, then there will be no need to republish the required public notices. ~~ ~~ CfiYOF ~~ °~~.. _~'_ _ _ ~ ~ - --~"~f HOME OF PELICAN ISLAND X225 Main Street Sebastian, Florida 32958 I, Sally A. Maio, MMC, do hereby certify that the attached is a true and correct copy of the Channel 68 Marina and Restaurant Site Plan prepared by Kimball- Lloyd Job No. 90-245. The plan includes 4 sheets and the first sheet is signed and dated 10/10/96 by City Engineer Daniel Eckis and date stamped for receipt Oct 10 1996 and is Sheet 1 of 4 and includes references to revisions 1 (1/12/95), 2 (9/11/96), 3 (9/30/96), and 4 (10/9/96); the second sheet is landscape and is not numbered but is signed with the date 10/10/96 by City Engineer Daniel Eckis and includes references to revisions 3 (9/30/96) and 4 (10/9/96); the third sheet is pavement and fuel tank and is illegible where the sheet number would be and is signed with the date 10/10/96 by City Engineer Daniel Eckis; the fourth sheet is handicap acces and parking and is shown as sheet 4 of 4 signed with the date 10/10/96 by City Engineer Daniel Eckis. Signed and sealed this 12th of March, 2007. i~~ _ ~~ =' Sally A. M ,MMC City CI City of Sebastian A Gu~T O~o~ WOODCARVER ~~~ 634 HIGH STREET. SEBASTIAN. FL 32958 PH. 8~ FAX 772-589-0040 theoxford~belisouth.net We Are Sending Pages Including Cover Sheet Date S/LL/o7 To: ~Ay ~ ~j-/JOREA CoY Company/ Firm: CtrY of SE~~9~ST-.~-~ Recipient's FAX/Telephone No. 388-0¢~/ E-mail Address: AcOY ~ c trY o~ SQlaasfloK,o~ From:~~c~C37c~~ Comments: ~- L'cl$7a~- LvGo ~ Gop~ ~9SSfr'~6~y ~iL Cotit~~tc- GihtM6~K w•yGri ~s., x ~ •~ ouErrfu. - copy ~ ~- n-~tck Coco c,>i'M C.asr PLUt'µr.~ /St/~{N t~,c~ ?C S?'~ wr0~ - 2'/~," ~yttGk • sF[t, M.{-TE21.IL `t!l~t./ OF.NSrT'Y puc.yu~tE i 1.M~G - P ~uCii~ '1 S ~b l,~+crrY • .4f,C Cor-~PorvA-rrrs P2tMED -S.KE ~~t-~D~' ~`+~iM,~tL F~rsHtr~ C l.~k/f-t<- GE3A-7~0 ~ ~ Tr st u 6 d r P12~C~ fNCi,t.f4~5 OF~Stb~ .i+.10 rnSr~tlt.~TrorJ ~ ~p67~.Lj Do~S n~oT tNC~uoE PERr~ tT orc fwT~~ o~ CorsME NCEMBNf tF R,E6tNtR-E~p aY ~~~ / V' 5Z~°/a pF~ostr- REG2uiK-~/J w~ B~~cE ~l~o~ Co•+ot,E-t~aa ~puGn o~ ~Ti~ E CPPa•~ oEpo~ tr' ~on.ayc.. (~ n 0.4~ S pz,~c.,E ~,o ~ ~z 30 owS A~ _~ ~ a v, ~ ~~ ~~c ~~Z ~o m ~mm z v~~o~ Nma C03p Ripr ~o~~ n~~ =n-n AO 3 N tli~zp '~cr~n vr~~~ y~~ ~0~, z~,~ Z3c ~~ !7 C O = ~ ~ -~ C7 ~~~ OZ n~0 z~=~ o~~~ Z ~ ~ ~ rnZ~D n~OZ = r moo ~y°~ mrmD ~zDp t/~~r U' G) m ~r arvc~ ~~~~ -... HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, MAY 23, 2007 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA The Mayor called the Regular Meeting to order at 7:02 p.m. 2. The Pledge of Allegiance was recited. 3. A moment of silence was held. 4. Mayor Coy read the Civility Pledge. 5. ROLL CALL City Council Present: Mayor Andrea Coy Vice Mayor Sal Neglia Council Member AI Paternoster Council Member Dale Simchick Council Member Eugene Wolff Staff Present: City Manager AI Minner City Attorney Rich Stringer City Clerk Sally Maio Deputy City Clerk, Jeanette Williams Airport Director Joe Griffin Building Director Wayne Eseltine City Engineer Dave Fisher Acting Public Works Director Jerry Converse Finance Director Shai Francis Growth Management Director Rebecca Grohall Police Chief Jim Davis Engineering Department Brian Grzesiak MIS Systems Analyst Barry Siepmann ~o\ Regular City Council Meeting May 23, 2007 Page Two 6. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETION Items not on the written agenda maybe added only upon a unanimous vote of City Council members (R-07-18) The Mayor noted Rex Nelson requested carrying forward item #8A-Report on Concrete Plant to the June 13th agenda; and she requested the addition of an item under Presentations which would be a Memorial Day Proclamation and invitation for the public to the Monday, May 28, 2007 event at the Veterans' Memorial in Riverview Park at 11:00 a.m. On MOTION by Ms. Simchick and SECOND by Mr. Neglia, the agenda was modified as requested on a voice vote of 5-0. 7. ITEMS CARRIED FORWARD FROM MAY 9, 2007 REGULAR MEETING 07.071 A. First Reading of Ordinance No. 0-07-07 -Parks & Recreation Advisory Modification of Committee Membership Composition -Set Public Hearing for June 13, 2007 (City Attorney Transmittal, 0-07-07~ AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE SECTIONS 2-212 AND 2-213 TO CHANGE THE SIZE AND COMPOSITION OF THE PARKS AND RECREATION ADVISORY COMMITTEE; PROVIDING FOR CONFLICT, SEVERABILITY AND EFFECTIVE DATE. The City Attorney read Ordinance No. 0-07-07 by title, and Mayor Coy opened the public hearing at 7:04 p.m. Don Wright, North Fischer Circte, said he agreed with seven members, but requested that Council allow a four member quorum at this time until they have a sufficient number of members. Following some discussion, it was the consensus of Council to keep the membership at five regular and add two alternates. Damien Gilliams asked if he could speak to Introduction of New Business from the Public because he noticed it did not follow the items carried forward and asked if there was a mistake. Mayor Coy asked him to speak to this ordinance, he continued to question the location of Introduction of New Business from the Public and she asked him again to keep to the subject or take a seat. He took his seat. On MOTION by Mr. Neglia and SECOND by Mr. Paternoster, Ordinance No. 0-07-08 was passed on first reading as amended to five regular members and two alternates and. the public hearing set for June 13, 2007 on a roll call vote of 5-0. 07.106 B. First Reading of Ordinance No. 0-07-08 -Charter Review Committee Meeting Time -Set Public Hearing for June 13, 2007 (City Clerk Transmittal 0-07-08~ AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 2, SECTIONS 2-231 AND 2-232 REGARDING MEETING TIMES AND PROCEDURES FOR THE CHARTER REVIEW COMMITTEE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE. l 03- z Regular City Council Meeting May 23, 2007 Page Three The City Attorney read Ordinance No. 0-07-08 by title, Mayor Coy opened the hearing, however, no one from the public requested to provide input. On MOTION by Ms. Simchick and SECOND by Mr. Paternoster, Ordinance No. 0-07-08 was passed on first reading and the public hearing set for June 13, 2007 on a roll call vote of 5-0. 06.076/ C. Shift Capital Project Funding from Barber Street Realignment in the Amount 07.107 $400,000 and 2007 Road Paving Program in the Amount of $112,571 to Easy Street Renovation Project (Finance Transmittal The City Manager explained the purpose of the shifting of the funds from the Barber Street realignment to Easy Street improvements. Damien Gilliams asked what the thickness of the road would be. The City Manager said there would be 1 '/2" of asphalt over the base. The City Manager explained the base is more important at the advise of the engineer. Mr. Gilliams asked if there would be a provision for detouring traffic during construction and the City Manager said this will be done during the construction phase. Mr. Gilliams asked what Council will do about Barber Street realignment when it needs to be done and the City Manager said Easy Street is more important at this time and considered a needed repair project. He continued by explaining Barber Street is a long range plan and the MPO does program some funds for this feeder road in the future. Mr. Gilliams suggested asking for a letter requesting funds from the state legislature for capital improvement projects. Mr. Wolff said he was disappointed that no one came to address this project, said he felt it is a priority and that Barber realignment is not a priority. He said a pet peeve of his is that the City does street construction typically in November and December when the population grows and perhaps the City can move up the construction start. Mr. Paternoster agreed it is a worthwhile project. In response to Mr. Paternoster, the City Manager stated that the $100,000 in funds would be from local option gas tax, not part of the property tax issue up for debate at the moment and swale design, paint for striping, and consulting costs between $5,000-10,000 is calculated into these figure. Mayor Coy agreed that this is overdue and a priority. Mr. Neglia asked the time limit and the City Manager said there was no limit but there are some benchmarks set and the time depended on permit acquisition and weather. `~~ 3 Regular City Council Meeting May 23, 2007 Page Four On MOTION by Mr. Neglia, and SECOND by Mr. Paternoster, it was moved to approve the transfer of project funding from the Barber Street realignment in the amount of $400,000 and the 2007 road paving program in the amount of $112,571 to East Street renovation project with a roll call vote of 5-0. 07.108 D. City Manager Matters -Report on Final Draft of Code Enforcement Guidelines (Final Guideline The City Manager said he brought this to Council's attention but said it did not require Council approval. Mr. Paternoster said he did not see any information about the functions of the Code Enforcement Division nor could he find any provision relating to the Florida Statutes requiring keeping names confidential. The City Attorney explained that if a public record is not created the citizen could remain anonymous, however if you state your name on a voice mail or create an a-mail a public record is created. He further explained information kept in one's head is not a public record. Mr. Paternoster suggested the record of activities should include the time of the call, location, disposition of call, time call was over, whatever happened and a computer record. The City Manager reiterated the document is an administrative issue and a log of type of violations was considered but Mr. Paternoster's concerns could be added. Mr. Paternoster said if he were a Code Enforcement officer he would have no idea what he was supposed to do. The City Manager said the officer would look to his supervisor and job description for guidance. Mr. Paternoster said there does not seem to be anything about supervision in the document, and asked if the manual is a basic concept and if everything else would be done by some other entity. Mr. Paternoster said the guide doesn't really say much of anything. The City Manager agreed, stating the guidelines are not really necessary but staff has done their best in response to his directive and said he would be held accountable if the division was not doing their job. Mr. Paternoster said the guideline doesn't point itself to the officer, it should be more of a standard operating procedure. MOTION by Mr. Paternoster with a SECOND by Mr. Wolff for discussion, to table the item to provide more input. ~~ 4 Regular City Council Meeting May 23, 2007 Page Five Mr. Neglia asked if the document provides for officers to go outside a designated area. The City Manager said it did not and said standards are set for professional staff. The City Manager offered to provide additional detail; confirmed the officers do go beyond their areas; and advised against drafting a restrictive document. The City Clerk asked the City Attorney if discussion should follow a motion to table to which he said it should not. On a roll call vote of 3-2, the motion to table carried. (Coy, Neglia -nay) 8. PROCLAMATIONS, ANNOUNCEMENTS, PRESENTATIONS Added A. Memorial Day Proclamation Mayor Coy read the proclamation and said she will present it at the Memorial Day event at the Veterans' Memorial in Riverview Park on Monday, May 28, 2007. Thies i~om ui ro v ~ one i v Alo ~ r! mn,icr! ~~ h Inc '14 uihin~+ ,~i~~ rrra~-cc~~r-~~a$TCF7-~ 9ved at ch e-rcc{ueS ce~c-rrcl$~9 n-~crnm , 9. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. A. Approval of Minutes - 5/9/07 CIP Workshop B. Approval of Minutes - 5/9/07 Regular Meeting 07.110 C. Approve Appropriation and Expenditure of Up to $11,000 from Drug Forfeiture Account to Fund 2007 G.R.E.A.T. Program as Allowed by State Law (PD Transmittal) Mr. Paternoster removed item B. On MOTION by Ms. Simchick and SECOND Mr. Neglia, items A and C were approved on a roll call vote of 5-0. Item B Mr. Paternoster corrected circle page 49 under his matters, stating he said he had requested naming the airport administration building after Terry Hill. The City Clerk agreed and said it would be fixed. kph 5 Regular City Council Meeting May 23, 2007 Page Six On MOTION by Mr. Paternoster and SECOND by Mr. Neglia item B was approved as amended on voice vote of 5-0. 10. COMMITTEE REPORTS/RECOMMENDATIONS 07.057 A. Tree and Landscape Advisory Board/Temporary Environmental Advisory Committee (Clerk Transmittal i. Report on Merger from Board Members Maureen Cummings and Todd Klitinic, members of the Tree Board and Environmental Committee respectively, addressed the Council and said the committee members met and were recommending the merger on a 10-0 vote. Mr. Klitinic commended Damien Gilliams for participating in the meeting. ii. City Council Direction to Prepare Ordinance Mr. Paternoster asked about re-submitting applications because this is a new committee. The City Attorney stated he anticipated combining the current membership. Mr. Paternoster reported that many people want to keep the boards separate but because the committee members want to combine he would support it. Mr. Wolff reiterated that he heard from residents to keep the committee separate. He said he did not have a warm and fuzzy feeling about this and stated some board members felt they were run off. It was the consensus of Council to direct the City Attorney to draft an ordinance. 07.012 B. Construction Board i. Remove Greg Conover for Three Consecutive Unexcused Absences In Accordance with Code Sec. 2-173 (City Clerk Transmittal 5/15/07 Code Section A MOTION by Mr. Neglia, with a SECOND by Mr. Paternoster, was made to remove Mr. Conover for three unexcused absences. Mr. Paternoster suggested that Council members individually talk to applicants to ensure their commitment. Mr. Wolff suggested there be some attempt by staff to contact the members to make sure the member is not ill. ion 6 Regular City Council Meeting May 23, 2007 Page Seven Mr. Paternoster suggested that someone who misses two meetings be contacted to notify him/her that one more unexcused absence would prompt automatic removal. A voice vote carried 5-0. 11. PUBLIC HEARING -None 12. UNFINISHED BUSINESS 07.105 A. Charter County/Interlocal Agreement Issues i. Resolution No. R-07-21 -Response Resolution to Fellsmere Resolution No. 07-H -Interlocal Service Boundary Agreement (City Attorney Transmittal, R-07-21 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, PURSUANT TO FS 171.203 RESPONDING TO THE INVITATION OF THE CITY OF FELLSMERE TO NEGOTIATE AN INTERLOCAL SERVICE BOUNDARY AGREEMENT. Resolution No. R-07-22 -Temporary Urban Service Interlocal Agreement A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA AUTHORIZING AN INTERLOCAL AGREEMENT TO MAINTAIN THE STATUS QUO DURING NEGOTIATIONS FOR AN INTERLOCAL SERVICE BOUNDARY AGREEMENT; PROVIDING FOR SEVERABILITY, CONFLICT AND AN EFFECTIVE DATE. The City Attorney explained the purpose of each resolution. Ruth Sullivan commended the Council for moving along with this, noting that people don't want a huge town. Damien Gilliams, Sebastian, said it is a shame that the City has to be in a reactionary mode, and suggested that the City plan for the future. Louise Kautenberg, Sebastian, said it is about time, said that just stating no to growth did not stop Houston from moving in on surrounding little towns in Texas. She urged Council not to let that happen here. Mr. Neglia said this Council is not standing still, that he hoped this does not take a year. For the public's benefit, he read the issues listed on circle page 61 that Sebastian is concerned with. Mr. Paternoster asked the City Attorney if this resolution would stop the County from implementing a charter government, and the City Manager responded that if the County goes to a Charter government, the City will be released from the agreement. Mr. Paternoster said this Council has been pro-active but should have been seeking commercial annexation. ~~ 7 Regular City Council Meeting May 23, 2007 Page Eight Ms. Simchick said Fellsmere can still keep filling out new applications but cannot go through with them. The City Attorney agreed that is the case. Mr. Wolff said it is his point of view that the City's hands are tied, that Fellsmere is holding all the cards, that not all commercial or residential annexation is good, and that this is a complicated issue. Mayor Coy said she was glad Council had an opportunity to buy some time, and if done properly the City can set some limits, and it has to be a cooperative effort by all of the agencies. She said she attended a workshop in Fellsmere for the local folks, and some of the residents reported their streets are not even paved yet but the new developments will be. She said they were told they could request paving and then be assessed. Mr. Neglia asked if the County wanted to go charter, would they have to bring it up again, and the City Attorney said it would have to be done by ordinance. On MOTION by Mr. Paternoster, and SECOND by Mr. Neglia, Resolution No. R-07-21 was adopted on a roll call vote of 5-0. On MOTION by Mr. Paternoster, and SECOND by Mr. Neglia, Resolution No. R-07-22 was adopted on a roll call vote of 5-0. Mayor Coy called recess at 8:15 p.m. and reconvened the meeting at 8:34 p.m. All members were present. 13. NEW BUSINESS 07.111 A. Flemin_ Sq treet i. Traffic Modeling Presentation by Phil Matson IRC Traffic Engineer/MPO Phil Matson, IRC MPO, gave a power point presentation explaining the function of the Metropolitan Planning Organization, which was first established in 1991, and noted Council Members Simchick and Paternoster are members of MPO. He stated that the Fleming Street extension is not a new plan and is included in many plans going back to, as far as he has heard, a couple of decades. He said MPO is concentrating on its major roads. He stated a Long Range plan is needed to receive funding and any changes made to the Long Range plans are subject to all requirements of plan adoption. The City Manager said this item was requested by Council Member Simchick and this discussion has been precipitated by the Sebastian Harbor issue. The City Attorney said the City does not have final say in this matter, only a recommendation. The City Manager clarified that this is an MPO issue, and the County is seeking Council's recommendation. He then stated the two alternatives they are seeking from Council are A) to purchase all of Sebastian 8 Harbor with ~~ 8 Regular City Council Meeting May 23, 2007 Page Nine Land Acquisition funds which can close the Fleming corridor or B) keep the Fleming corridor open with buying the portion of the corridor with impact fees and the rest of the 162 acres with Land Acquisition funds. Mr. Wolff asked Mr. Matson asked if zero emission vehicles have been factored in this analysis, and Mr. Matson responded said this is an EPA model which takes many factors into consideration including alternative fuel vehicles. Council Member Simchick Presentation (2 Pgs City Comprehensive Plan) Ms. Simchick said in January 2003, a grassroots effort resulted in a preserve saturated with wildlife. She said the Land Acquisition Committee strongly recommended against developing Fleming Street, explained it was surveyed last year (20 years ahead of the planned development) and if it was purchased with bond money and the City put a road through it, the City would have to buy back that land which would be difficult. She said the property is scheduled to be paid for in July. She said the County Commission is asking if the City wants the Fleming Street Extension on or off the City's comprehensive plan. She said the comprehensive plan is from 1999, and exhibited a page off the traffic element. (which is included in the agenda packet) She said the comp plan is overdue, and thanked Mr. Matson for presenting here tonight. Ms. Simchick exhibited a transportation page from the county comprehensive plan depicting Fleming Street to go from Easy Street to Schuman, not US 1, which is how it was surveyed last year. She further explained difficult considerations such as a private residence that would have to be taken by eminent domain, railroad crossing, and that it lines up with the proposed concrete plant. She said the City should jump on the comprehensive traffic element soon to alleviate traffic, send a message to the County that the City does not want this extension on the comprehensive plan, and let them know if they need to build this road for us. She closed by saying the funding from the Florida Communities Trust may reimburse $6.6 million of the purchase price but it could be jeopardized with the road extension through a pristine preserve and with that she introduced former County Commissioner, Grant Writer Ruth Stanbridge. a. Ruth Stanbridge Grant Reimbursement Ruth Stanbridge said for over 25 years she has written grants and they must be defendable, and a successful grant is one where problems have been identified and resolved, said County staff has done an excellent job in applying for and defending grants, question of constructing a future major road would be detrimental, a lack of commitment by City or County could work against approval of the grant by Florida Communities Trust, the best chance is to understand and O~ anticipate all problems. 9 Regular City Council Meeting May 23, 2007 Page Ten Ms. Simchick added if the County received the $6.6 million back it will go back into the Land Acquisition fund to purchase another environmentally sensitive tract. Mr. Wolff asked why Council is not hearing this from Roland DeBlois that there is a potential to skip over this project. Ms. Stanbridge said the Land Acquisition Committee has seen this twice and Mr. DeBlois has indicated that the County will have to work with Florida Communities Trust on possibly purchasing the road in the future. She said she came tonight because Ms. Simchick asked her to be here because of her work on grants. Mr. Wolff said it would be Mr. DeBlois' fiduciary responsibility to let the residents know this and he has not made any of these remarks in his presentations. Mrs. Stanbridge said all details must be covered and Mr. DeBlois cannot not say that he will receive reimbursement on this project. Mr. Neglia said if the road went through. he thought it would be rated high because many roads go through preserves. He stated he is not in favor of the road, for the record. He asked why Fleming Street was not included during the Land Acquisition Committee decision. Mrs. Stanbridge said LAC did not want the road in there because it would jeopardize the reimbursement. As the City's representative on the Land Acquisition Committee, Mayor Coy said the committee recommended the road not go through for many reasons. Mrs. Stanbridge said one of the reasons is the eagle's nest is actually too close to get permits from U.S. Fish and Wildlife to put a road in there. Mr. Paternoster asked when was the last time she wrote a grant for a property of this magnitude, Mrs. Stanbridge said with the Marine Resources Council for greenway along the St. Sebastian River. He asked if she was reimbursed and she said no which she attributed to the Marine Resources Council. He asked if she was actively participating in this grant and she said she was not. Ms. Simchick said it was a surprise to find out the action of the County Commission and staff recommendation to use impact fee money for the extension, and said she would like to hear from the public. Mayor Coy said the question in her mind is do we want to purchase with bond money or purchase the road and use bond money. She said if the City totally eliminates this out of the comprehensive plan the City may lose federal dollars for roads. She asked the City Attorney what Council is being asked to relay back to the County. to 10 Regular City Council Meeting May 23, 2007 Page Eleven The City Attorney deferred to the City Manager. The City Manager said, "Find Council's position on the purchase of the property with all Land Acquisition Committee money or divide it." He said If Council wanted to use all Land Acquisition money that would eliminate the Fleming Street extension. Ms. Simchick said Council is supposed to consider the Fleming Street extension which affects the Preserve. She asked Mr. Matson if removing the extension from the comp plan will affect any transportation funds. Mr. Matson said there will be an incompatibility with the long range plan and the comprehensive plan that would have to be ironed out and approved by the MPO. He said if long range plans continued without the ability to handle the traffic, it would be questioned, but alternatives can be identified; however, the extension was added when the five-laning of Barber Street was dropped and there is hardly anything left to drop off. He suggested Council study it and find alternatives before taking it out. The City Attorney said the question Council is being asked as representatives of the citizens of Sebastian is do you want to keep the Fleming extension alive as a project. Ms. Simchick said if there was no preserve the City would want Fleming Street, the MPO wants to keep it on the plan, but the County wants to know if Council wants to keep it. Mr. Paternoster asked where it says the decision should be made tonight. The City Manager cited the a-mail he provided to Council before he went away. He said the information in the packet was from Council Member Simchick. Mr. Paternoster noted there was little information in the agenda packet and said he would move to table until Council receives the information needed in their agenda packet. Mr. Wolff said this item was brought before Council about a week before the County voted and the very question was posed to Council and there was concern if Fleming Street should be part of the purchase. The City Attorney replied it was put to a future agenda date. Mr. Wolff interjected this was about four-five months ago. Ms. Simchick remembered this and said Mayor McCollum recommended going back to the County because it is an MPO issue. The City Attorney said the City fussed to get the extension included as a project, and previous Councils pushed the MPO to bring this up on the list in lieu of five- laning Barber Street, but in the last year Council has heard objections with this road. He said the County has warned the City that if this road is not wanted, ~~ other avenues will have to be explored. 11 Regular City Council Meeting May 23, 2007 Page Twelve On a MOTION by Mr. Paternoster and SECOND by Mr. Wolff that this item be tabled until further information is provided in agenda packets failed on a roll call vote of 2-3. (nays-Coy, Neglia, Simchick) Mayor Coy read a paragraph of the City Manager's memorandum stating he was providing the information by a-mail and hard copy in their mailboxes. The City Manager stated for the record the memo was provided May 11th, 2007 and an attempt was made to leave the information for each member. On a MOTION by Mr. Paternoster and a SECOND by Ms. Simchick, to give each speaker a two minute time limit carried on a voice vote of 5-0. Kelly Mather, stated the City opposed Ocean Concrete by resolution and if they approve the Fleming Street extension the City will be approving Ocean Concrete. Ray Halloran, objected to the extension of Fleming Street. Jim Sunnycalb, 721 S. Easy Street, said he was instrumental in the purchase of the property and said the eagles nest is behind his house and will feed off the road kill that will happen. Pat Hall, Collier Creek Estates HOA President, representing 190 residents, collectively objected to the extension of Fleming Street. Bill Sandy, 542 Balboa Street, representing Sebastian Concerned Citizens Against the Concrete Plant, objected to the extension of Fleming Street. Perry Pasante, Easy Street, Collier Creek Estates, has seen violations on the streets in Collier Creek Estates and urged Council not to extend the street. Don Wright, North Fischer Circle, said Fleming Street does not change capacity and there needs to be a comprehensive look at these numbers by Sebastian and said this road will not solve traffic problems. Jim Gallagher, 766 Holden Avenue, said he smells big money in the proposed Fleming Street extension and asked Council to vote no. Ralph Brown, representing the owner of property in the area of the proposed extension, said the property owner is not in favor of the road and it's facilitation for the concrete plant and would like to see the City hold some public hearings in terms of what needs to be done. He recommended an overpass to Indian River Drive and asked Council to vote no. ~I~ 12 Regular City Council Meeting May 23, 2007 Page Thirteen Louise Kautenberg, Sebastian, cited many roadways that go through national forests and preserves, said animals learn to adapt and the United States is not just for animals and plants but for the people and this roadway has been on the books long before anyone thought of a concrete plant. She said the issue is how many people will be affected and what neighborhood will be affected. Phyllis Manzi, 742 Holden Avenue, said the preserve is gift, the City has a responsibility to children and grandchildren to protect the preserve. She quoted her father who said, "God will not make more land." Norma Cox, 6308 River Run, said Natchez Trace is a recreational roadway, not much wildlife, and not an adequate comparison to the big national parks and asked Council to vote no. AI Manzi, 742 Holden Avenue, said he doesn't see all these trips being generated from Sebastian, there is an east-west conduit on CR 512 and 510. Ruth Sullivan, Indian River Drive, said citizens need to remember why they moved here and said the City has an opportunity with funding citizens voted for to keep the preserve pristine and undeveloped. Damien Gilliams, 1623 US 1, said something as serious as this should have more backup to make a decision. Judy Gallagher, Holden Avenue, said she does not see this as complicated issue and to risk losing bond money for the preserve would be ludicrous. Robin Meyers, South Easy Street, said she was at the Indian River County meeting where the decision was made and heard NIMBY (not in my backyard) and pleaded with Council not to extend the street. Brad White, Easy Street, thanked Council for the improvements they approved for Easy Street and allowing traffic to flow more smoothly for all residents. Robert Johnson, Easy Street, referenced a pamphlet put out by FPL regarding management of eagle habitat and noted 40% of their deaths are because of roadways. Richard Baker, Pelican Island Audubon Society and Chairman of Land Acquisition Committee, said the City needs to preserve what we have and will be a poster child. He suggested changing the name. Frank Meyers, South Easy Street, asked Council to try to be good stewards. 1 `~ 13 Regular City Council Meeting May 23, 2007 Page Fourteen Mr. Paternoster asked when the Commission needed an answer. The City Attorney said the County Commission will need a decision in June. Mr. Paternoster asked if Council could put this off to the June 13th meeting and give the Commission a response in time and the City Attorney said yes. Ms. Simchick said she was ready to make motion. She said the scales are different in comparing this to Yellowstone; the City has congestion that should be addressed now; and she said she is voting no to the road. Mr. Wolff said he voted to table because it is complex and he doesn't have answers at hand. He said there seems to be strong feeling there is connection to the concrete plant, and he would be naive to think there might not be conspiracy but doesn't think that is the case. He said he is fiscally prudent and believe it is all our money, and would like to know more the certainty of the bond. He said the irony is most people drive by the preserve and won't have access to it and if there was a road they could get to it. He said he would have liked to see greater representation of other residents of Sebastian. He added that Ms. Simchick is right, because he battles morning traffic, and the City is in a difficult situation. He said he is not sure how the City will resolve this in future, because it will may impact Englar and Barber as opposed to citizens on Collier Creek. He said he wanted more information and thinks it is being rushed a bit, will impact a lot of folks, and thanked everyone for behaving in a civil manner. On MOTION by Mr. Neglia and SECOND by Ms. Simchick, the extension of the meeting was approved on a voice vote of 5-0 to extend. Mayor Coy, 501 Palm Avenue, member of Land Acquistion Committee, said this was not in her backyard, said she voted for it because it is an outstanding project. She said it was clear in the Committee's vote not to extend Fleming Street and people who wanted the road could have called or e-mailed Council. Mr. Neglia thanked everyone who came tonight, said he was concerned about traffic going through there, asked if we are going to look at different areas and have people come and say, "Don't go through our road." In regard to the concrete plant he noted the extension was in the plan long before the concrete plant, and asked for confirmation of the grant reimbursement from Mr. Matson. Mr. Matson said he was referring to federal highway money and he understood Roland's position is that having the road will not jeopardize the grant. Mr. Neglia said the City will need to do something to alleviate traffic. Ms. Simchick made a MOTION to remove the Fleming Street Extension from the comprehensive plan to keep the preserve intact. iii 14 Regular City Council Meeting May 23, 2007 Page Fifteen The City Attorney advised her to modify the motion because to remove it from the City comprehensive plan will take a number of hearings. He advised her of the verbiage however, she began to restate her motion. The City Manager advised that the motion should remove Fleming as well as purchase the preserve with all of the Land Acquisition money. On MOTION by Ms. Simchick and SECOND by Mr. Wolff, recommendation to purchase the preserve with the Land Acquisition money in it's entirety and recommend removing Fleming Street from the City comprehensive plan carried on a roll call vote of 5-0. iii. Council Discussion 07.019 B. Emergency Ordinance No. 0-07-09 -Increase Additional Homestead Exemption for Low Income Seniors to $50,000 (Finance Director Transmittal Emergency Ordinance 0-07-09) AN EMERGENCY ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE SECTION 2-121 TO INCREASE SENIOR HOMESTEAD EXEMPTION; PROVIDING FOR APPLICABILITY, SEVERABILITY AND EFFECTIVE DATE. The City Attorney read Emergency Ordinance No. 0-07-09 by title. The City Manager clarified the effect this will have on the City's budget. Todd Klitinic urged approval. Baxter Coston, 660 Balboa Street, said Council has to tighten its belt. Damien Gilliams urged approval for the senior citizens. Herb Mulford said seniors can hardly afford gas, give them whatever Council can. Mr. Wolff said people no matter what they are earning, are concerned about increases across the board. Mr. Neglia said it is not an easy decision but he will go along with it. On MOTION by Mr. Paternoster and SECOND by Mayor Coy, the additional exemption was approved on roll call vote of 5-0. The City Attorney said for the record he would bring back a permanent ordinance. The City Manager said he would like to bypass item C for D. ~~ 15 Regular City Council Meeting May 23, 2007 Page Sixteen 07.112 C. Approve Funding of $17,935 to Harrington's Mobile Home Service to Move Airport Security Building (Airport Director Transmittal, Three Proposals) 07.113 D. Authorize Construction Contracts for Airport Maintenance Building in an Amount up to $270,000 (Airport Director Transmittal, Rejected Bids, FAA Construction Schedule) Mr. Paternoster asked for the time line of this project. The Airport Director said this has to be completed by Sept 1St and he is hoping to get a building permit in October. Mr. Paternoster pointed out that they were handed a 46 page documents that he would like to take home and read and then bring back to the next meeting. The Airport Director said we will lose $288,000 in grant money if he doesn't meet the construction schedule. The City Attorney said the first page has new information but the rest is the City's standard contract form. Mayor Coy pointed out that the City could lose the grant money and suggested a special meeting next Wednesday. Ms. Simchick asked if the City Attorney reviewed the contract. He said he has and reiterated it is the City's standard contract. Mr. Paternoster said he was becoming weary of making decisions like this. Ms. Simchick asked if this sat until the next meeting would the grant money will be lost. The City Attorney said there will be three weeks between meetings. The Airport Director said he was not sure. MOTION by Mayor Coy, to approve contract with AWM for Airport Maintenance Storage Facility in the amount of $275,000 DIED for lack of a second. Discussion followed regarding a special meeting. The Mayor said that she could not be here next Wednesday, but the Vice-Mayor could run the meeting. The Clerk clarified that only the Airport item will be on the special meeting agenda and Council concurred. The City Attorney said the date could be chosen after schedules are checked. The Clerk clarified the unfinished `New Business' items #C, E, F, and `Introduction of New Business' item #A will be at the beginning of the June 13tH meeting, not Council Matters, or other matters unless there was a specific item, to which the Mayor concurred. In keeping with the adopted meeting procedures, the meeting adjourned at 11:02 p.m. i l~ 16 Regular City Council Meeting May 23, 2007 Page Seventeen 07.114 E. Resolution No. R-07-20 -Joint Participation Agreement for Airport Layout Plan Update (Airport Director Transmittal, R-07-20, JPA) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT WITH FDOT TO PROVIDE FUNDING FOR AN AIRPORT LAYOUT PLAN UPDATE; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 07.115 F. Proposed Cemetery Rate Increase -Direct Staff Accordingly (City Clerk Transmittal, R-02-30, Cemetery Code Sections, Cemetery Trust Fund Information, History, Other Cemetery Rates, Proposed Rate Resolution) 14. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within fhe previous six months which is not otherwise on the agenda 07.025 A. Damien Gilliams - 806 Indian River Drive Sebastian Docks for Electric Permits 15. CITY ATTORNEY MATTERS 16. CITY MANAGER MATTERS 17. CITY CLERK MATTERS 18. CITY COUNCIL MATTERS 19. ADJOURN Approved at the June 13`h Regular City Council meeting. Andrea Coy, Mayor ATTEST.• Sally A. Maio, MMC -City Clerk c ~~ 17 ~(8 cm of ~~~ -_ ~. HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES SPECIAL MEETING WEDNESDAY, JUNE 6, 2007 - 5:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Coy called the Special Meeting to order at 5:30 p.m. 2. The Piedge of Allegiance was recited. 3. ROLL CALL City Council Present: Mayor Andrea Coy Vice Mayor Sal Neglia Council Member AI Paternoster Council Member Dale Simchick Council Member Eugene Wolff Staff Present: City Manager AI Minner City Attorney Rich Stringer City Clerk Sally Maio Airport Director Joe Griffin Finance Director Shai Francis Mayor Coy asked for the addition of a proclamation, and Council unanimously consented. Mayor Coy read the proclamation, supporting efforts of Vero Beach and Indian River County to retain Piper Aircraft in Vero Beach (see attached). 4. SPECIAL MEETING ITEM 07.113 A. Award Construction Contract to AWM Construction of Fort Pierce for Airport Maintenance Building in the Amount of $275,000 (Airport Director Transmittal Rejected Bids, Contract, Airport Director Memo, FAA Construction Schedule) The Airport Director gave a brief background on the replacement of the damaged airport maintenance building utilizing the remainder of FAA and FDOT hurricane damage grants. He described the bidding process which resulted in two bids higher than the grant amount and subsequent rejection of both bids by staff. He then requested both enter into negotiations to reduce their cost and ultimately only AWM agreed and came down to $275,000, with a completion date of September 1St, and utilization of City staff for some prep work and trenching. Mayor Coy called for public input, however, there was no one in the audience except forth press. `~ Special City Council Meeting June 6, 2007 Page Two The Airport Director responded to questions from Council relative to the agreement to use City staff for prep work as part of the negotiation to reduce the cost, the fact that there are no more projects slated for this funding, in-house staff to install plumbing lines, using the two airport maintenance staff for approximately 2 to 3 days, the fact that the negotiation saved approximately $25,000, use of heavier gauge aluminum conduit for electrical outside and copper inside, assuring proper vendor licensing, the fact that the vendor is responsible for all on-site materials until the project is turned over to the City, that the project is slightly behind schedule but FAA is aware and on board with it, and description of the building that was destroyed which was approximately 6400 sf. The City Attorney explained fact that the former building was turned over to City ownership in a property buyout with Velocity, and after it was purchased it was destroyed in the hurricanes. The Airport Director said he was not sure if there was an insurance payout for the building destroyed, and went on to describe the use of the building to store equipment such as generators, small tools, bobcat, tractor, and mowers which have been outside in the elements in excess of two years. He said there will be one restroom to conform to code, and said in negotiations he had found economies not addressed in the original bid package that saved the City money such as not doing a residential type lift station, and in-house site prep and trenching, and eliminating the vehicle lift which reduced the concrete pad. He said the value of the building would be $275,000 when completed, the cost of staff work would be approximately $5000 to $10,000 including use of City equipment but if something unforeseen came up he would probably need to lean on other City staff, and that the building is rated to 140 mph winds. City Council members thanked him for taking the time to negotiate and reducing costs for the City. The City Manager and Airport Director said the instructions for this project were put out before their arrival with the City, and the City Manager said when he reviewed the bid he thought the price was too high and directed that it be reduced. The Airport Director said he was advised at an FAA seminar that if the City did not use this grant money they would lose it. On MOTION by Mr. Neglia, and SECOND by Mr. Paternoster, Council approved the construction contract award to AWM Construction of Fort Pierce for the airport maintenance building in the amount of $275,000 on a roll call vote of 5-0. 5. Being no further business, Mayor Coy adjourned the Special Meeting at 6:02 p.m. Approved at the June 13`h Regular City Council meeting. Andrea Coy, Mayor ATTEST.• Sally A. Maio, MMC -City Clerk ~Z~ 2 ~ zz ~~7Y 0~ r _~<~ - -~~ __ __-- tii:ta',1L UR Pc1.it~,t#f'i t`_L+`~[} CITY Oh SEI~ASTIAN AGENDA hRANSMI I"TAL Subject: Revised Fiscal Year 2007-2008 Agenda No. ~ 7~ (~~ j ,7 Budget Calendar Ap rov for Submittal by: City Manager Department Origin: Fina ce Finance Director: City Attorney: City Clerk: in er, City Manager Date Submitted: June 6, 2007 For Agenda of: June 13, 2007 Exhibits: Revised Year 2007-2008 Budget Calendar EXPENDITURE AMOUNT APPROPRIATION FUNDING REQUIRED: N/A BUDGETED: N/A REQUIRED: N/A SOURCE(S): N/A SUMMARY Due to a scheduling conflict with the Citizen Budget Advisory Committee members, staff has revised the Fiscal Year 2007-2008 budget calendar to change the first Budget Advisory Committee meeting date from July 12, 2007 to July 16, 2007. RECOMMENDED ACTION Approve the revised Fiscal Year 2007-2008 budget calendar. \`L'~ ~Z`~ FISCAL YEAR 2007-2008 BUDGET CALENDAR DATE DAY EVENT 4/13/07 Friday Budget Instruction packets are distributed to Department Directors 4/27/07 Friday Departments/Divisions submit budget requests to the Finance Department 5/9/2007 Wednesday City Council approves budget calendar 5/292007- Tuesday- City Manager to meet with Departments/Divisions for budget review 6/1/2007 Friday 6/1/2007 Friday Estimate of Property Value to be received from Property Appraiser 7/2/2007 Monday Property Appraiser certifies the taxable value on Form DR-420 7/6/2007 Friday City Manager's Recommended Budget to be mailed to Budget Advisory Committee members 7/16/2007 Thursday Budget Advisory Committee meeting @6:00 p.m. 7/25/2007 Wednesday Council approval on DR-420 Certification to set proposed maximum millage rate 7/26/2007 Thursday DR-420 certification delivered to Property Appraiser 7/26/2007 Thursday Budget Advisory Committee meeting @6:00 p.m. 7/27/2007 Friday Fiscal Year 2007-2008 Proposed Budget to City Council 8/15/2007 Wednesday Council Budget Workshop @6:OOp.m. -special meeting 9/5/2007 Wednesday County 1sT Reading of County Budget @5:01 p.m. 9/6/2007 Thursday Final Adoption of County School Board Budget @7:00 p.m. 9/10/2007 Monday 1st Public Hearing of City Budget @6:OOp.m. -Special Meeting 9/12/2007 Wednesday Final Adoption of County Budget @5:01 p.m. 9/14/2007 Friday Advertising the final millage rate and budget 9/19/2007 Wednesday Final Public Hearing of City Budget -Adopt Final Millage Rate and Budget Resolution @6:00 p.m. -special meeting 9/20/2007 Thursday Forward Resolutions adopting final millage and budget to Property Appraiser and Tax Collector 1~ ~z~ an a w "r~ ~ ~ d ~~ ~, ~~''~i 3 I . ~_; • ` HOME OF PELICAN ISWJD City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject Travel Authorization for Council to Agenda No: ~7 l , I Z attend Annual Florida League of Cities Conference Department Origin: City Clerk's Office City Attorney: Date Submitted: 5/7/07 Approved for Submittal by: For Agenda of: 5/7/07 Exhibits: Agenda, Registration Form Expenditure Required: Amount Budgeted: Appropriation Required: Travel: $ 813.00 each Travel: $10,317.61 Training: $ 295.00 each Training: $2,365.00 SUMMARY STATEMENT In accordance with the "Council and Charter Officer Travel Policy and Procedures" authorization for travel and registration is requested for Council Members to attend the Annual Florida League of Cities Conference in Orlando from August 16-18, 2007. RECOMMENDED ACTION At Council's discretion, move to authorize travel and registration for interested members to attend the Annual Florida League of Cities Conference in Orlando from August 16-18, 2007 ~ti~ IZg 20AT Florida League of Cities o,,~~"~4j~~ Annual Conference Registration Form Duplicate as Needed DELEGATE INFORMATION Please note: The number of lines indicates the maximum number of letters per line on name badge. Name:------ -------~ ~------ ----------- First M.I. Last First Name or Nickname:--------------- As You Wish To Appear On Badge Title:----------------------------- Affiliation:----------------------------- City, County, Government or Company Mailing Address: -------------,_--------,_------- Note: If you will be paying with a credit cord below, please use the billing address for that card. City/State: ---~--------------------Zip'---------- PhoneNumber: ,_-----------Fax Number: ------------ E-Mail Address (for confirmations: ~ Please provide the address of the person who should receive the confirmation. First Time Attendee8 ^Yes ^No Contact Person: GUEST INFORMATION (Please complete only if registering a guest for the conference.) Guest's Name:------------' -,,_------------- FirstNametoappearonbadge:------------ Child's Name: First Name (to appear on badge: Child's Name: First Name (to appear on badge): Speeial Needs If you require special services, or have special dietary needs, please attach a written description to your registration form. Registration Registration form must be accompanied by payment made payable to Fbrida league of Cities. Mail this form to: Florida League of Cities, P.O. Box 1757,Tallahassee, FL 32302- 1757. Registration forms must be postmarked by July 27, 2007. Remember. You will not receive a housing form until we have received your PAID registration. Fax Registration Fax registrations can be accepted with credit card payment. Fax: (850) 222-3806. Online Registration You can also register online by accessing the Florida League of Cities Web site at www.flcities.com. If you use this method, please do not send a hard wpy registration form to the league. This will duplicate your registration information. Credit Card Information Credit Card type: ^ MasterCard ^ Visa Number: Exp. Date: Account Name: 3-Digit Security Code: Signature: Registration Fees City/County/Government Corporate/ Exhibitor/ Sponsor/Other Guest Guest (13-18 years) Guest (3-12 years) Exhibit Hall Pass Age: Age: No. Fee Total Fee ~ $295.00* $ ~ $495.00* $ $75.00 $ ~ $20.00 $ ~ $15.00 $ ~. $20.00 $ Optional Activities No. Thursday, August 16 Pre-Conference Seminar Saturday, August 18 Extra Luncheon Ticket Extra Installation Dinner Ticket Fee Total Fee ~ $40.00 $ ~ $40.00 $ ~ $80.00 $ Total $ 'Note: Regislrotion fees will increase ro $325 for government and $520 /or corpo-nle for all registnations done on-site. ~ Z `~ X30 City of Sebastian, Florida ~~~~ o~ °ro~ ~i ~r~ 1~~ AGENDA TRA~.NSMIT,+TAL Agenda No. t/ ~' ~ l Subject: Parks & Recreation Advisory Committee; Date Submitted: Modification of size and composition For Agenda of SUNIMARY: RECOMI~~NDED ACTION: At Council's discretion - Move to pass Ordinance 0-07-07 / ~r ~. REVIEWED BY CITY CLERK:.~~ AUTHORIZED PLACEMENT ON AGENDA BY CITY MANAGER: ~3l I~ ORDINANCE 0-07-07 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE SECTIONS 2-212 AND 2-213 TO CHANGE THE SIZE AND COMPOSITION OF THE PARKS AND RECREATION ADVISORY COMMITTEE; PROVIDING FOR CONFLICT, SEVERABILITY AND EFFECTIVE DATE. WHEREAS, under Ordinance 0-03-29 the City created the Parks and Recreation Advisory Committee to advise the Council as to long-term policy on recreational activities and development of the City park system; WHEREAS, said Committee has reported to the City Council that the Committee will function better if its composition is changed from district representatives to an at-large membership ^„a *'~~ M„n,~,°,. ^~m°m'~°•-~ ; ^~~^°°a ~~~ ~~,~ *^ ° ^ and adding=a provision requiring two alternates; and WHEREAS, the City Council agrees with the recommended changes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL- OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That Section 2-212 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 2-212. Panel Composition. The Committee shall be composed of five residents and two alternates appointed at-large. Section 2. That Section 2-213 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec.2-213. Terms. There shall be a continuity of terms for the membership from the original establishment of the committee, with terms hereinafter governed by the general provisions of this Article. ~!~ Section 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4. SEVERABILITY. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provisions. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 5. immediately. EFFECTIVE DATE. This Ordinance shall become effective The foregoing Ordinance was moved -for adoption by Councilmember . The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Andrea Coy Vice-Mayor Sal Neglia Counciimember Al Paternoster Councilmember Dale Simchick Councilmember Eugene Wolff The Mayor thereupon declared this Ordinance duly passed and adopted this 13th day of June, 2007. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Sally A. Maio, MMC City Clerk Mayor Andrea Coy Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney 13~ arrtx J J ~ /.I ..' l j ~.} i _ ~ 4 ~~ ~~ ~ HOME Of PELICAN lS1AND City of Sebastian 1225 Main Street Sebastian, Florida 32958 Ordinance No. 0-07-08 -Charter Agenda No: Review Committee Meeting Times and Procedures Amendment Department Origin: Cit Cler City Attorney: City Manager Date Submitted: 6/8/07 For Agenda of: 6/13/07 Exhibits: 0-07-08 SUMMARY STATEMENT City Council passed Ordinance No. 0-07-08 on first reading. Upon adoption, it will amend language which currently states that the committee would meet in April. It also removes redundant language already addressed in Chapter 2 for Boards in general. RECOMMENDED ACTION Conduct a public hearing. Move to adopt Ordinance No. 0-07-08. ~ 35 ~ 3~0 ORDINANCE NO.O-07-08 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 2, SECTIONS 2-231 AND 2-232 REGARDING MEETING TIMES AND PROCEDURES FOR THE CHARTER REVIEW COMMITTEE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE. WHEREAS, with the change in the City Charter by City electors to move the annual general election to November, and a review of the corresponding Code provisions relative to appointments and operational procedures, staff is recommending certain revisions in keeping with the new election time and procedures utilized with the 2006 charter review; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That section 2-231 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec.2-231. Appointment. The fifteen (15) members of the charter review committee, as established by section 5.03 of the City Charter, shall be appointed in the following manner: (1) Each member of the city council shall appoint two city residents to the committee; and (2) The remaining five (5) members of the committee shall be appointed by the council as a body in accordance with the general provisions for selection of membership of city boards and committees. The announcement of the individual appointments, and the selection of the at-large members, shall occur at the second regularly scheduled city council meeting followina the seatino of the newly elected city council ~ of the years designated in the Charter for formulation of the committee. ~3~ There shall be no limit on the number of times a resident may serve on this committee, nor shall any member of another city board or committee be prohibited from concurrently serving thereupon. Section 2. That section 2-232 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 2-232. Operational procedures. The charter review committee shall hold its organizational meeting ~es~ in the week following formulation of its membership. At said meeting the majority of the members present shall select a chairman and avice-chairman. The selection thereof, and the operations of the committee, shall be carried out in accordance with the established general procedures for boards and committee of the city. At said organizational meeting, the committee shall establish the time and frequency of its meetings. The city attorney shall be advisor to the committee and the city e~ clerk shall provide secretarial services to the committee. After submitting its final recommendation, which shall occur within six months of the committee's formulation, the committee shall have a final meeting in the week following city council action on said recommendation and shall thereafter be dissolved. Section 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4. SEVERABILITY. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provisions. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. 13g 2 Section 5. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its adoption. The foregoing Ordinance was moved for adoption The motion was seconded by Council member and, upon being put to a vote, the vote was as follows: Mayor Andrea Coy Vice Mayor Sal Neglia Councilmember AI Paternoster Councilmember Dale Simchick Councilmember Eugene Wolff by Council member The Mayor thereupon declared this Ordinance duly passed and adopted this day of 2007. CITY OF SEBASTIAN, FLORIDA By: ATTEST: Mayor Andrea B. Coy Approved as to form and legality for reliance by the City of Sebastian only: Sally A. Maio, MMC City Clerk Rich Stringer, City. Attorney ,3q I~ ~ t~' rV ~~ xoME of iti~raraty ~sww CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: E-911 Equipment Agenda No. ~ ~~ of Z~ Appr ved fo Submittal by: City Manager Department Origin: Police Dept. Finance Director: ' City Attorney: City Clerk: r d 'nner Date Submitted: 06!04/07 For Agenda of: 06/13/07 Ezhibits: 4 Price Quotes Letter from Chief John King to County Commission 04/03/07 EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION Up to REQUIRED: $44,000 0 $44,000 SUMMARY The E-911 Dispatch Center is progressing as scheduled with an operational date of August 1, 2007. Most of the expenditures for this project have been covered by the county 911 funds however some of the expenses have been to upgrade our radio system and softwaze to be compatible with the county system. These changes aze an expense to the City. The Council approved $85,103.75 on 03/28/07 for the purchase of a back-up radio console and related equipment. That purchase was necessary with or without the E-911 system. We aze now looking at a final budget adjustment request for the implementation of E-911. One of the requirements from Bell South for the E-911 system is to have an uninterruptiblepnwer system known as a UPS. The cost of the UPS is a legitimate expenditure from 911 funds however the county coordinator has indicated that he has exceeded the approved allotment for the project (the allotment was approved by the County Commission on 04/10/07 in the amount of $155,934.). The UPS with installation, testing and a two yeaz parts and labor warranty will cost $21,944.00. An upgrade to our radio furniture to accommodate the addition of computer monitors and to add radiant heat panels to the dispatch positions will cost $6,157.07 including delivery, freight and installation. The radiant heat panels will eliminate the use of an inefficient portable electric space heater that is currently utilized by the dispatchers. The dispatch area is kept unusually cool for the efficient operation of the electronics equipment. ~,~1 Three dispatch computers were needed to accommodate the upgrades to the radio system and to handle the additional workload created by the E-911 equipment. The replaced computers will be utilized in less demanding positions within the police department. The new computers cost $4,999.98 and were purchased from Dell. This was an emergency purchase that exceeded our 06/07 projected budgeted capital project amount of $85,000. It is also necessary to reconfigure the existing electrical system to accept. the new, additional equipment. The price for this work is quoted at $6,275.98. The required electrical work has been quoted by Complete Electric, Inc. of Sebastian. They were the original contractor for the building and have been hired for all additional work. The radio furniture upgrades are from the current furniture supplier Today's Business Interiors from Boca. Raton, Florida. and the computers were purchased by our MIS Department from Dell. We are requesting a budget amendment as follows: Expenditure for a UPS system ........................................... $ 21,944.00 Expenditure for electrical system upgrades .................... $ 6,275.98 Expenditure for radio furniture additions ...................... $ 6,157.07 Expenditure for 3 Dell Computers (emergency purchase)... $ 4,999.98 Contingency Fund ................................................ $ 4,622.97 Total $ 44.000.00 If this request is approved, the total cost of this project to the City will be $129,104 which is mainly fpr radio equipment. The cost to the 911 fund will be $155,934 for a one time expenditure and a recurring monthly charge of $2,148.30. The recurring charges as well as future equipment replacemerrts will be paid from generated 911 surcharges. RECOMMENDED ACTION Move to approve the appropriation and expenditure of up to $44,000 from the Discretionary Sales Tax fund to implement the requirements of the new E-911 Center. ~ ~a- Complete Electric, Inc. Complete Alarm, Inc. P.O. Box 2272 Vero Beach, FL 32961 Indian River: 772-388-0533 Brevard: 321-726-0601 St. Lucie: 772-344-3444 FAX: 772-388-2411 EC 0001911 / EC 13001688 vwvw. com pleteelectricinc. com Date: Tuesday, May 15, 2007 Name: CITY OF SEBASTIAN Aftn: FRANK LOSARDO Address: 1225 MAIN STREET City: SEBASTIAN Sfafe: FL Zip: °.'i:one: 589-5330 EMAIL: flosardoCa~cityofsebastian.org 32958 RE: 911 SYSTEM UPS Complete Electric, Inc. is pleased to presenf you with the quote detailed below. SCOPE OF WORK: 1) Furnish and install a "Liebert Nfintiy" single phase on-line UPS system. New UPS to be a 161CVA/11.21NV. 2) Liebert will meet us in the field and offer start up testing as well as customer operations. Liebert offers a two year parts, labor, and travel warranty provisions. TOTAL QUOTE $21,944.00 NOTES: INSTALLATION COSTS ARE WCLUDED IN THE ORIGINAL QUOTE. THIS IS FOR THE UPS, FREIGHT, AND DELIVERY OF NEW EQUIPMENT. Permit fee's or FPL fee's included (if requued). Complete Electric, Inc. is not responsible for any drywall or roofmg repairs or for any concrete or asphalt replacement (if necessary). Quote is valid for 10 days. All work will be performed in accordance to National Electrical Code Standards and local ordinances. Please contact us if we can provide you with additional information. Mike Macleary -Service Manager PAYMENT SCHEDULE: DUE DAY OF COMPLETION PAYMENT L1ABI[.1'I'Y Customer Signature signifies authorization of quoted work and acceptance of payment liability. Payment is due upon completion of work or Satisfactorily passing any. required inspections. If invoice is not paid and Contractors engages attorney to enforce wllection customer agrees to pay all expenses and court costs of litigation inGuding Court costs and reasonable attorney fees to be fixed by any court in which said attorney is required to appear. Customer further agrees that he may tie sued in Indian River County, FL Court. Customer Signature Date File Name: F:SERVICE QUOTES/CITY SEBASTIAN/911 UPS LIEBERT ~~3 Complete Electric, Inc. Complete Alarm, Inc. P.O. Box 2272 Vero Beach, FL 32961 Indian River: 772-388-0533 Brevard: 321-726-0601 St. Lucie: 772344-3444 FAX: 772-388-2411 EC 0001911 / EC 13001688 www.comoleteelectricinc com Date: Tuesday, May 15, 2007 Name: CITY OF SEBASTIAN Attn: Address: rr[Hl~ln LVJAKUV ~ LL.7 IriH11Y a7 1 KCIC 1 Stafe: FL Zip: 32958 City: SEBASTIAN ..°hor~e: 589.5330 EMAIL: flosardo(a~cityofsebastian org RE: EMERGENCY 911 SYSTEM Complete Electric, lnc. is pleased to present you with the quote detailed below. SCOPE OF WORK: 1) Install floor boxes. at all four 911 work stations. Each station to have two boxes, one for electric and other for communications. 2) Provide three duplex receptacles in each electrical floor box. One circuit to be for 911 fed from new UPS panel. The other two outlets to come off other UPS system. 3) Supply outlet for MIS printer in desired location. 20A 120V from 911 UPS. 4) Supply outlet for ACDR printer. 20A 120V fram 911 UPS. 5) Install new UPS and provide hook up as well as UPS load center to feed all new circuitry. 6) Provide BellSouth grounding requirements. Relocate the switch and outlet that will be in the way. Install a additional lay in light. 7) Provide ceiling mount receptacle for monitor/TV in 911 room. TOTAL QUOTE $6,275.98 NOTES: ALL WORK THAT CAN BE DONE PRIOR TO SHITT DOWN WILL BE IN PLACE. PRICE INCLUDES CUTTING FLOOR TILES PRIOR TO SHUT DOWN. UTILIZE EXISTING CONDUTI'S WERE WE CAN. INSTAL] FLEX CABLE WERE NEEDED. LOW VOLTAGE WIRING REMOVAL AND INSTALLATION BY OTHERS. Permit fee's or PPL fee's included (if required). Complete Electric, Inc. is not responsible for any drywall or roofing repairs or for any concrete or asphalt replacement (if necessary). Quote is valid for 10 days. All work will be performed in accordance to National Electrical Code Standazds and local ordinances. Please contact us if we can provide you with additional information. Mike Macleary -Service Manager PAYMENT SCHEDULE: DUE DAY OF COMPLETION PAYMENT LIAB Customer Signature signifies authorization of quoted work and acceptance of payment liability. Payment is due upon completion of work or Satisfactorily passing any required inspections. If invoice is not paid and Contractors engages attomey to enforce collection customer agrees to pay all expenses and court costs of litigation inGuding court costs and reasonable attomey fees to be fixed by any court in which said attomey is required to appear. Customer further agrees that he may be sued in Indian River County, FL Court. Customer Signature Date ~ L `'[ Q.5l11lZOO7 15:47 TODAY' BU51NES5 ~e a ~SICRSYiGtftOR {P)' CF? {FAX}561 241 8144 P.002l043 Quote #: 0511 O7 911 REV City of Sebastian City of Sebastian Date 5110107 Police Department 1225 Main St Police Department 1225 Main St Sebastian FL 32958 Sebastian FL 32958 Contact: LT Gregg Witt Contact: LT Gregg Witt Phone: 772.473.2400 Phone: 772.473.2400 Fax: moat's con[acr [.on cietana Line # Qty. ~ Product ROOM # 1 1 Left Retum Extension, 48"wide x 30"deep, No Shelf 2 3 Return Extension With Vented CPU Cabinet, Comes Standard With Laminate Door, Optional L1 Fans Added To Cabinet, 36"wide x 30"deep 3 3 Triple Monitor Arm, Clamp Mount, Holds Monitors Up To 17 LBS 4 1 Single Monitor Arm, Clamp Mount 5 3 Double Monitor Arm, Clamp Mount, Holds Monitors Up To 17 LBS 6 3 Twin Arm Task Light, Clamp Mount 7 3 Radiant Heat Panel Unit Seli 304.39 482.51 316.59 179.95 255.59 244.00 184.22 Subtotals for ROOM # :I Product Cost: Delivery and Installation Freight Charges Total: Required Deposit: Extended Sell 304.39 1,447.53 949.77 179.95 766.77 732.00 552.66 4.933.07 4,933.07 745.00 479.00 6.157.07 \~h Project Path: F:IUSERSVLONiC17Y OF SE@ASTIAN ORDERI Page 7 of 2 DELL QUOTE #: Customer #: Contract #: CustomerAgreement #: Quote Date: Date: 1/24/07 8:30:06 AM Customer Name: r uy~ QUOTAT-ON 343964404 916495 90231 250-000-03-1 1/24/07 CITY OF SEBASTIAN TOTAL QUOTE AMOUNT: $4,999.98 Product Subtotal: $4,999.98 Tax: $0.00 Shipping 8~ Handling: $0.00 Shipping Method: Ground Total Number of System Groups: 1 GROUP: 7 QUANTITY: 3 SYSTEM PRICE: $1,660.76 GROUP TOTAL: $4,982.28 Base Unit: Dell Precision 390 ConvertibleMinTower,PC Processor E6400 2.13CiHz, 1056, 2MB L2 DCiVT (2223398) Processor: Mini-Tower Chassis Configuration with 1394 Card Dell Precision 390 (311 X071) Memory: 2(iB, 633MHz, DDR2 ECC SDRAM Memory, 2X1CiB, Dell Precision 3801390 (311-5143) Keyboard: Entry Level, USB, No Hot Keys keyboards, DNI PrecisionWorkstations (310-7949) Monitor: Monitor Option-None (3203316) video Card: CFI,Standard Option Not Selected (365-0354) Hard Drive: 80OB SATA 3.OOb/s with NCQ andBMB DataBurst Cache, Dell Precision $90 (3413646) Hard Drive Controller: C1a-All SATA Hard Drives Non-RAID for 2 Hard Drives Dell Precision 390 (3413629) Floppy Disk Drive: 3.5inch,1.44MB,Floppy Drive Dell Precision 380, Factory Install (3413624) Operating System: WINDOWS XP PRO SP2, with MediaDell Precision,English Factory Install (420-0860) Operating System; Thank you for choosing Dell (310-8617) Mouse: Dell USB 2-Button Entry Mouse with Scroll for Dell Precision (310-7959) CD-ROM or DVD-ROM Drive: 16X DVD+/-RW w/Cyberlink PowerDVD,Roxio Digital Creator DellEdition,Dell Precision X90 (313- 4287) Speakers: No Speaker option (313-2663) Documentation Diskette: Resource CD contains Diagnostics and Drivers for Dell Precision 390n, Factory Tled (310-8145) Additional Storage Products: 80C3B Additional SATA 3.OC3b/s with NCQ and 8MB DataBurst Cache, Dell Precision 390 (341- 3655) Service: Dell Hardware Warranty Plus Onsite Service, Initial Year (984-8487) Service: Type 3 Contract -Next Business Day Parts and Labor On-Site Response, Initial Year (980-1370) Service: Dell Hardware Warranty Plus Onske Service, Extended Year (984-8488) Service: Type 3 Contract -Next Business Day Parts and Labor On3;ite Response, 2YR Extended (970- 5062) Service: PUB, MPrec 3YR Info (983-6677) Installation: Standard OnSite Installation Declined (900-9987) Misc: CFI Order Ready Asset Tag 3 (366-1388) Misc: NTFS File System,Factory Install (420-3699) CFI Titan Code for CFI FIDA orBypass SI (364-1846) CFI,Information,Software, CFI Hardware Install,Faclory Install (364-2456) ~~ file://C:\Documents%20and%20Settings\jdavis\Local%20Settings\Te... 6/4/2007 ~ uyc c, vi ~ CFl,lnformation, Validation, CFI Routing SKU (366-0257) CFI,Rollup,lntegration, Or-install,Workstations, (366-3302) 1 r CFI.Information.WS.WorkstationOnlv.Factorv Install (371-09811 NVS440X16 CFI,Information,Validation Order SOFTWARE 8~ ACCESSORIES Product Quantity Unit Price Total ADPT USB TO PS 2-USB /- MINI DIN 4M (A0862686) B 52.96 617.70 Number of S & A Items: 1 S&A Total Amount: $17.70 SALES REP: Tawna Perkins ~ Fax: 512-283-9840 PHONE: 1-800-289-3355 Email Address: Tawna_Perkins~dell.com Phone Ext: 728-9476 For your convenience, your sales representative, quote number and customer number have been included to provide you with faster service when you are ready to place your order. You may also place your order online at www.dell.com/quote Unless you have a separate agreement with Dell, the terms and conditions found at http:/fftpbox.us.dell.comislg/resellers/resellertcs.htm shall govern the sale and resale of the Products and Services referenced in this quotation. Prices and tax rates are valid in the U.S. only and are subject to change. **Sa/es/use tax is a destination charge, i.e. based on the "ship to"address on your purchase order. Please indicate your taxability status on amour PO. if exempt, please fax exemption certificate to Del- Tax Department at 512-283-9276, referencing your customer number. ff you have any questions regarding tax please call 800-433-9019 or email Tax Department(c~dell.com. *` All product and pricing information is based on latest information available. Subject to change without notice or obligation. LCD panels in Dell products contain mercury, please dispose properly. Please contact Dell Financial Services' Asset Recovery Services group for EPA compliant disposal options at US_Dell ARS_Requests cL'Ddell.com. Minimum quantities may apply. Shipments to California: For certain products,. a State Environmental Fee Of Up to $10 per item may be applied to your invoice as early as Jan 1, 2005. Prices in your cart do not reflect this fee. More Info: or refer to URL www.dell.comlenvironmentalfee ~~ file://C: \DocumentsQ/o20and%20Settings\j davis\Local%20Settings\Te... 6/4/2007 INDIAN RIVER COUNTY, FLORIDA 1VIEMORANDUNI TO: Honorable Board of County Commissioners THROUGH: 3oseph A. Baird. Chandler, County Administrator FROM: ]ohn King, Director ~~"+ ' Department of Emer' ncy~~Services DATE: April 3, 2007 SUBJECT: Approval of Addendum to the BellSouth Special Service Agreement It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: On May 4, 2004, the Board approved an 84 month lease/purchase and maintenance agreement with BellSouth for Phase II campatibleCall-Taker equipment far the E91 l Public Safety Answering Points (PSAPs). With the Board's recent approval of the Sebastian PSAP, staff is seeking to amend the BellSouth agreement for the purpose of providing the same call-taking equipment to the Sebastian Police Department as was provided to Vero Beach Police Department. Additionally, the FY-200b/07 approved budget includes funding for backup call-taking equipment at the new IRC Emergency Operations Center. Staffhas been working with the BellSouth representativesfor E91 l services and reached a tentative agreement to extend the same unit pricing for equipment and monthly recurring costs as was included in the 2004 BellSouth agreement. Subsequently, staff received notice that even though this is an amendment to an existing contract, the Public Service Commission prohibits a telephone company from entering into a new or amended contract wherein the monthly recurring costs far additional services are less than the current (2007) established rate. BellSouth remains committed to their "good faith" proposal and is offering to reduce the equipment pricing (below the 2004 contract) the amount equal to the increased monthly recurring costs. Essentially, the overall cost for the additional call- taker equipment and maintenance services is consistent with the 2004 agreement. Attachment 1 is the itemised configuration proposal for the Sebastian PSAP. '1'he cost for equipment and training is a one time expense of $15,934 and a monthly recurring expense of 52,148.30. Attachment 2 is the configuration proposal for the new EOC. These equipment costs are 5149,501; with a month]} recurring expense of 52,191.0. There is a protracted time between ordering and ~~~ installing this unique equipment and modilying the 911 circuit routing. Staffhas cannrriitted to a "cut over" date of August 1, 2007, for the Sebastian PSAP; this is the priority project. The EOC project will run concurrently reaching operational status shortly thereafter. RECOMMENDATION: Stag' recommends approval of the Addendum to the BellSouth Special Services Agreement and requests the Board authorize the Chairman to execute the attached agreement. The required funding for the Sebastian PSAP and the EOC have received prior Board approval. ATTACH1iIENTS: 1. Configuration Proposal for Sebastian PSAP 2. Configuration Proposal for EOC 3. 13el1Svuth Special Services Agreement APPBUVEI) FOB AGENDA FUR: April 10. 2007 BY: Jaseph A. Baird County Admfinistrator Indian River Ca Approved4 lY~e Ado»a Co. Attorns~° fsudget llepl. c~ V'~~ o~ ltfsk Mpr. ttmr~al Svc. 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C-fi ~ Ef3 b9 [tj --] ~ oo p Q Oo N O N ,V T ~ O O O O ~? n GD ~ ~ O O ~ O tip O O O 0 O 0 O 0 U 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ Q ~~ ~ 5a t7At W ~_ r filar. ~Cd1VfE ©F~~P>rI~AN i5U4ND AGENDA TRANSMITTAL Subject: Agenda No. ~ 7. 1 ~~ Waste Management Contract Department Origin: Cit Mana er City Attorney: Ap ove or Submittal by: City Clerk: Date Submitted: 7 June 07 n ,City Manager Exhibits: Waste Mana ement Contract; Complaint Data; E-mail. to WM SUMMARY In recent days, the Office of the City Manager has received a number of complaints about Waste Management (WM) service. Since elimination of the Purchasing Department, complaints have been logged and track by Jean Tarbell in the City Manager's Office. While I would not say. that the complaints received are an overwhelming majority, the number of complaints seem to be on the rise lately. In addition, in the last few days, I have also received a number of complaints from Mayor Coy, Vice-Mayor Neglia and Councilmember Paternoster. With the level of complaints seemingly on the rise, I sent George Geletko an a-mail requesting a conversation, which turned into a meeting held on June 6t". One interesting topic that came from the discussion Wednesday was that WM's internal policy is that residential complaints should be no more than 1 per 1,000 customers per week. In Sebastian's case, with approximately 5,300 collection customers, they should not have more than. 5.3 complaints per week. At approximately 20 per month, we are right at acceptable "industry" standards. In the course of speaking with Mr. Geletko, I reviewed the WM contract and quickly noticed that the contract automatically renews for five years on July 1, 2008. However, written notice is required by July 1, 2007 to prevent the automatic renewal clause.. For your information, the original contract was adopted on July 1, 2003 for two (2), five (5) year terms. June 13th will be an excellent opportunity for the Council to provide direction to me on whether to submit notice to WM before the automatic extension clause activates. This does not immediately terminate the agreement, but providing WM notice will give the City one year to (1) research the matter; (2) conduct an RFP; and, (3) provide opportunity to put WM on notice about our comfort level with their continued service. One other piece of information I am inclined to provide (although I was not here during this time), when the City used Capital Sanitation, service and complaints were significantly higher than our current experience with WM. Attached for your review is (1) WM franchise agreement; (2) complaint data compiled by Jean Tarbell and WM; and, (3) communication a-mail with George Geletko. RECOMMENDED ACTION Discuss options to receive Council direction. Direction can be provided at this meeting or reagendized for the meeting of June 27th. ; ~3 ~ 5~+ Franchise Agreement Between City of Sebastian and Waste Management, Inc. of Florida n LJ C. i55~ r/ This Franchise Agreerr-ent ("Agreement"} is hereby made and entered into this day of June, 2003, between CITY OF SEBASTIAN, FLORIDA, ("City"} and Waste Managemen# inc. of Florida, a Florida corporation, whose address is 2700 NW 48'" ' Street, Pompano Beach, FL 33073 ("Franchisee"). WITNESSETH WHEREAS, the City desires to engage Franchisee to perform certain solid waste and recycling services with the boundaries of the City; and WHEREAS, Franchisee desires to perform such services pursuan# to the terms and conditions set forth herein; NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and the Franchisee agree as follows: Article 1. Background Recitals ~. 1 A. The rentals set forth above are true and correct and form a material part of this Agreement. Article 2. Term of the Agreement 2.0. The term of this Agreement shall be for a period of five (5) years, which shall begin July 1, 2003. This Agreement shall automatically renew for an additional term ending June 30, ~],~, unless either party shad noti#y the other to the contrary in writing pursuant to Sec. 16.11 not later than July 1, 2007. Article 3. Definitions and Interpretations 3.0. General. To the extent that any definition contained herein conflicts with any similar definition contained in any federal, state, or local law, the definition herein shall prevail. However, nothing contained herein shall be interpreted to require the Franchisee to undertake any conduct that is prohibited by Applicable Law. ~ Whenever the context may require, any pronoun which is used in this Agreement shall include the corresponding masculine, feminine and neuter forms and the singular shad include the piural and vice versa. ' ~5~ 3.1. Agreement shall mean this Franchise Agreement between the City and the Franchisee, #ogether with all exhibits and other documents that are expressly incorporated by reference. 3.2. Applicable Law means any local, state or federal statute, law, constitution, charter, ordinance, judgment, order, decree, permit, rule, regulation, directive, policy, standard or similar.binding authority, or a judicial or administrative interpretation of any of the same, which are in effect or are enacted, adopted, promulgated, issued or enforced by a governmental body during the term of this Agreement, and relate in any manner to the performance of the City or Franchisee under this Agreement. 3.3. Biological Waste shall mean solid waste that causes or has the capability of causing disease or infection and includes, but is not limited to, biomedical waste, diseased or dead animals, and other wastes capabte of transmitting pathogens to humans or animals. The term does not include human remains that are disposed of by persons licensed under chapter 470, Florida Statutes. 3.4. Biomedical Waste shall mean any Solid Waste or liquid waste which may present a threat of infection to humans. The term includes, but is not limited to, nonliquid human tissue and body parts; laboratory and veterinary waste which contain human- disease-causing agents; discarded disposable .sharps;. human blood, and human blood products and body fluids; and other ma#erials which in the opinion of the Florida Department of Health represent a significant risk of infection to persons outside the generating facility. The term does not include human remains that are disposed of by persons licensed under. Chap#er 470, Florida Statutes. 3.5. Council shah mean the City's governing body, which currently is comprised of the City Council of the City of Sebastian, Florida. 3.8. Bulk Trash shalt mean any non-vegetatNe item that cannot be containerized, bagged or bundled, or whose large size or weight precludes its handling by normal, Collection, processing or disposal methods. Bulk Trash includes bu# is not limited to discarded White Goods that are not Freon-Containing Devices, toilets, pool heaters, water softeners, pianos, bath tubs, sinks, bicycles, and similar household goods, appliances, fixtures and furniture. 3.7. Collect and Collection shall mean the process whereby Solid Waste is picked-up and removed from the location where it is generated, and then transported to the County Landfill 3.8. Commercial Collection Franchise Area shall mean the City limits of Sebastian. 3.9. Commercial Collection Service shall mean the Collection of (a) .Commercial Solid Waste; and {b) Recyclable Materials generated on Commercial Property and from Mobile Home Parks. ~~ 3 l 3.10. Commercial Container shall mean any container which: (a) consists of four permanently attached sides and a bottom; {b) is made of metal, durable plastic or other non-absorbent material; (c) is free-standing; (d} is emptied or transported by mechanical means; and (e) is used to Collect or store Solid Waste. Commercial Containers include, but are not limited to roll-onlroll-off boxes, dumpsters, Compactors, and similar receptacles used to Co#lect Solid Waste 3.11. Commercial Property shall mean all of the improved property in the City that is used for: {a} Multiple Dwelling Units; or (b) commercial, institutional, church, not-for- prof~t, governmental, nonresidential or industrial purposes. 3.12. Commercial Solid Waste shall mean Garbage, Bulk Trash, Trash, and Yard Trash that is not Residential Solid Waste. Commercial Solid Waste includes the Garbage, Bulk Trash, Trash, Yard Trash, and industrial Solid Waste generated by or at: (a) commercial business, including, without limitation, retail stores, offices, restaurants, and warehouses; (b) governmental and institutional offices and buildings, including, without limitation, schools and hospitals; {c) churches and not-far-profit organizations; {d} hotels and motets; (e) Multiple Dwelling Units that use Commercial Containers; {f} Mobile Home Parks that use Commercial Containers; (g) agricultural and industrial facilities; and (h) Construction and Demolition Debris collection in volumes greater than fifteen (15) cubic yards. 3.13. Compactor shall mean any Solid Waste container that has a stationary or mobile compaction mechanism. 3.14. Construction and Demolition Debris shall mean discarded materials generally considered to be not water-soluble and nonhazardous in nature, including, but not limited to, steel, glass, bride, concrete, asphalt roofing material, pipe, gypsum wallboard, and lumber, from the constuction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure, and including rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing or land development operations for a construction projec#, including such debris from construction of structures a# a site remote from the construction ordemolition project site. Mixing of construction and demolition debris with other types of solid waste will cause it to be classified as other than construction and demolition debris. The term also includes: {a} Clean cardboard, paper, plastic, wood, and metal scraps from a construction project; (b) Unpainted, nontreated wood scraps from facilities manufacturing materials. used for construction of structures or their components and .unpainted, nontreated wood pallets provided the woad scraps and pallets are separated from other solid waste where generated and the generator of such wood scraps or pallets implements reasonable practices of the generating industry to minimize the commingling of wood scraps or pallets with other solid waste; and ~5q (c) De Minimis Amounts of other nonhazardous wastes that are generated at construction or destruction projects, provided such amounts are consistent with best management practices of the industry. For purposes of this Agreement, the term does not include "Roil-on, roil-off" service at volumes less than fifteen (15) cubic yards. 3.15. Construction and Demolition Debris Commercial Container shall mean a Commercial Container that is used to hold Construction and Demolition Debris. 3.16. Construction and Demolition Debris Service shall mean the Collection and transport of Construction and Demolition Debris in a Commercial Container or a Construction and Demolition Debris Commercial Container in the City by Franchisee. 3.17. Contract Manager shall mean the person designated by the City to act as tha Cites representative during the term of this Agreement. 3.18. County shall mean Indian River County, Florida. It shall also include the Indian River County Solid Waste Disposal District, a dependent special district of Indian River County, Florida. 3.19. Curbside- Collection Point shall mean the location where the Franchisee shall pick up the Residential Solid Waste and Recyclable Materials discarded by a Customer. 3.20. Customer shall mean a Person having a contractual relationship with the Franchisee for Residential Solid Waste Collection Service or Commercial Collection Service pursuant to the terms of this Agreement and the City Code. '3.21. De Minimis Amount shall mean the amount of Solid Waste that lawfully may be included in a container of Recovered Materials or Construction and Demolition Debris. A De Minimis Amount of Solid Waste is three (3) percent, by volume or weight, whichever is more restrictive, as determined by a measurement or visual inspection by the Contract Manager 3.22. County Landfill shall mean the Solid Waste Disposal Facility or Facilities owned or operated by the County. 3.23. Freon-Containing Devices shall mean White Goods, appliances or other devices that contain or may release Freon, such as refrigerators, freezers, air conditioners, and dehumidifiers. 3.24. Garbage shall mean alt kitchen and table food waste, and any animal, vege#aWe, food or other organic waste that is attendant with or results from the storage, preparation, cooking or handling of food materials. ~O 5 3.2b. Garbage Receptacle shall mean any commonly available tight gauge steel, plastic, or galvanized receptacle of anon-absorbent material, closed at one end and open at the other, furnished with a closely fitted top or lid and handle{s), and includes a heavy duty, securely tied, plastic bag designed for use as a.garbage receptacle. 3.26. Hazardous Waste shall mean any Solid Waste regulated as a hazardous waste by the Florida Department of Environmental Protection or the U.S. Environmental Protection Agency pursuant to Applicable Law. 3.27. Industrial Solid Waste shall mean Solid Waste generated by manufacturing or industrial processes that is not a Hazardous Waste. Such was#e many include, but is not limited to, waste resulting from the #ollowing manufacturing processes: electric power generation; fertilizer/agricultural chemicals; food and related products or by- products; inorganic chemicals; iron and steel manufacturing; leather or leather products; nonferrous metals manufacturing or foundries; organic chemicals; plastic products and resins manufacturing; pulp and paper industry; rubber and miscellaneous plastic products; stone, glass, day, and concrete products; textile manufacturing; transportation equipment; and water treatment. This term does not include mining waste or oil and gas waste. 3.28. Materials Recycling Facility (MRF) shall mean any facility operated or managed by, for, or on behalf of the County #or the purpose of receiving, sorting, processing, storing, or preparing Recyclable Materials for sale. 3.29. Mobile Home Park shall mean any improved real property div'sded into spaces for the placement of mobile or modular homes or. trailers. :w 3.30. Multiple Dwelling Units shall mean any building containing five .(5) or more permanent living units. Multiple Dwelling .~Jnits include condominiums, but do not include hotels or motels. 3.31. [Left intentionaNy blank] 3.32. [Left intentionally blank] 3.33.. Person shall mean any and all persons, natural or artificial, including, without limitation, any individual, firm, partnership; corporation, company, association, social dub, fraternal organization, church, religious sect, religious denomination, society, organization or league, estate, trust, receiver, executor, administrator, trustee, or syndicate, municipal corporation, municipality,. district or county of:Florida and ~1ty other state; any governmental agency or political subc#ivision of and state or th~.;federal government; or any other legal entity;; and any groin or combinatidn of the abov~.acting as a unit: ~ ~. ' 3.35. Recovered Materials shall mean metal, paper, glass, plastic, textile, or rubber materials that have known nrcyding potential, can be feasibly recycled, and have been diverted and source separated or have been removed from the. solid waste stream for sale, use, or reuse as raw materials, whether or not the materials require subsequent processing or separation from each other; but does not include materials destined for any use that constitutes disposal. Recovered materials are not Solid Waste. 3.36. [Left Intentionally Blank] 3.37. [Left Intentionally Blank] 3.38. [Left Intentionally Blank]. 3.39. [left Intentionally Blank] 3.40. [Left Intentionally Blank] 3.41. Residential Solid Waste shall mean Garbage, Trash, Yard Trash, and Bulk Trash resulting from the normal housekeeping activities of a Residential Unit or Mobile Home Park tha# has elected to receive Residential Solid Waste Collection Service. 3.42. Residential Solid Waste Collection Service shall mean the Collection and disposal of Residential Solid Waste generated within the Residential Franchise Area. 3.43. Residential Solid Waste Franchise Area shall mean the geographical area comprising the City. 3.44. Residential Unit shall mean each and every lot or parcel of land that is improved for occupancy as asingle-family residence, duplex, triplex, or quadrapiex, and any other residence, except a Multiple Dwelling Unit. The term also includes individually-owned mobile or modular homes or trailers that: have residential permanent license tags; are erected on a separate parcel of property; are within the Residential Franchise Area or the Residential Recydables Franchise Area; and do not receive Commercial Collection Service. 3.45. Sludge shall mean the accumulated sol'~ds, residues, and precipitates generated as a result of waste treatment or processing, including wastewater treatment, water supply treatment, or operation of an air pollution control facility, and mixed liquids and solids pumped from septic tanks, grease traps, privies, or similar waste disposal appurtenances. 3.46. Solid Waste shall mean Sludge unregulated under the federal Clean Water Act or Clean Air Act, sludge from a waste treatment works, water supply treatment plant, or air pollution control facility, or garbage, rubbish, refuse, Special Waste, or other discarded material, including solid, liquid, semisolid, or contained gaseous material ~~~ ~ resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations. Recovered Materials are not Solid Waste. 3.47. Soiid Waste Disposal Facility means aray solid waste management facility which is the final res#ing place for solid waste, including landfills and incineration facilities that produce ash from the process of incinerating municipal solid waste. 3.48. Special Waste shall mean Soiid Wastes that can require special handling and management, including, but not limfted to, White Goods, waste tires, used oil, lead-acid batteries, Construction and Demolition Debris, ash residue, Yard Trash; and Biological Wastes. 3.49. Trash shah mean all accumulations of refuse, rags, paper, paper boxes and containers, sweepings, other accumulations of a similar nature, and broken toys, tools, equipment and u#ensils. Trash does not include Garbage or Yard Trash. 3.50. Uncontrollable Force shall mean any event that results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the non-performing party. I# includes, but is no# limited to fire, flood, hurricanes, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, terrorism, sabotage, and governmental actions. Labor disputes, including, without limitation, strikes and slowdowns, are not an Uncontrollable Force. 3.51. White Goods includes inoperative and discarded refrigerators, ranges, water heaters, freezers, and other similar domestic and commercial large appliances. White Goods do not include Freon-Containing Devices. 3.52. Yard Trash shall mean vegetative matter resulting from yard and landscaping maintenance, inducting grass clippings, palm fronds, tree branches and other similar matter. Section 4. Grant of Franchise 4.0. Exclusive Franchise. Subject to the conditions and limitations contained in this Agreement, the Franchisee is hereby granted an exclusive franchise and sole authority to provide (a) Residential Solid Waste Collection Service in the Residential Solid Waste Franchise Area and (b} Commercial Collection.Service. 4.1. Recydables. The collection of residential recyclabtes is not a part of this Agreement. 4.2. Limited Grant of Rights. This Agreement does not grant any rights or remedies to the Franchisee except those that are expressly identified and conveyed by the specific terms of this Agreement. 4.3. Minimum Reouirements for Franchisee's•Services. This Agreement establishes minimum requirements and performance standards for the Franchisee. Any services • a~ 1 ~'~ provided by the Franchisee pursuant to Section 4:4 shall fully and strictly comply with the requirements in this Agreement and any Applicable Law. 4.4. Recovered Materials. This Agreement does not prohibit any Person from gathering, conveying, or processing Recovered Materials, provided such Person otherwise complies with applicable Florida law. No franchise or permit shall be required wi#h respect to Recovered Materials. Containers of Recovered Materials may include a De Minimis Amount of Solid Waste. Con~.i~ers holding more than a De Minimis Amount of Solid Waste shall be handled and regula#ed as Solid Waste. Article 5. Title to Solid Waste and Recyclable MateMats 5.0. Title. After Residential Solid Waste, Commercial Solid Waste, Recovered Materials, and Recyclable Materials are placed at a Curbside Collection Point or any other approved Location for Collection by the Franchisee within the City, the City shall hold title and ownership to all such materials. The Franchisee shall have no right to take, keep, process, alter, remove or otherwise dispose of any such materials, except as set forth herein. However, the Franchisee shall have the sole responsibility and I'rability for the lawful disposal of any Biological Waste, Biomedical Waste, or Hazardous Waste that the Franchisee Collects. Article 6. Processing and Disposal i 6.0. Processing. Recovered Materials collection, processing and marketing are outside the scope of this Agreement. 6.1. Solid Waste Disoosal. The Franchisee shall dispose of Residential Solid Waste and Commercial Solid Waste Collected from within the City at the County Landfill. Article T. Franchise Fee 7.0. Franchise Fee. A Franchise Fee in the amount of 6% of gross revenues collected pursuant to the Franchise granted herein shall be paid to the City, by check, by the Franchisee on or before the fifteenth (15~') day of each month for all services collected by the Franchisee during the immediately preceding month. Article 8. Residential Services $.0. Hours of Residential Service- General. Residential Solid Waste Collection Service, shall be provided Monday through Friday, beginning no earlier than 7:40 a.m. and ending no later than 5:00 p.m, unless previously authorized in wrriing by the Contract Manager in response to an Uncontrollable Force. 8.1. Davs of Residential Service. Residential Solid Waste shall not be Collected by the Franchisee on Sundays or the holidays of July 4~', Labor Day, Thanksgiving, Christmas, ~~ 9 or New Year's Day, unless necessary to respond to an Uncontrollable Force. • Residential Solid Waste does not need to be Collected by the Franchisee on any holiday when the County Landfill is closed. If Residential Solid Waste Collection Service is scheduled to be provided on a holiday, the Franchisee shall collect the Residential Solid Waste on the Wednesday followinn such holiday if it occ~irs on e 8.2 Frequency of Residential Solid Waste Collection Service--Gart~ag~ and Trash. At least two (2) times each week, the Franchisee shall Collect Garbage and Trash from those Customers that requestec# Residential Solid Waste Collection Service. The Collections of Garbage and Trash shall be at least three (3) days apart. 8 3. Fre~uQncy of Service-Yard Trash. Yard Trash shall be collected from Residential Units raeceiving Residential Solid Waste Collection Service at least one {1) time per week. Yarcl Trash shall not be commingled with Garbage. 8.4. Freauency of Service--Bulk Trash. The Franchisee shall cotlect all Bulk Trash and Freon-Containing Devices placed at the Curbside Caliection Point within four (4} calendar days after receiving a Customefs request to Collect such materials. There shalt be no additional charge to the Customer or the City for Collecting Bulk Trash. Notwithstanding the provisions of Section 6.1, the City may direct delivery of bulk trash to an alternative location within the Countyfor processing. 8.5. Obligations Of Franchisee To Residential Customers -General. For Residential Units, the Curbside CoNection Point shall be located within five (5) #eet of the curb, the paved surface of a public roadway, the closest accessible public right-of--way, or other location agreed to by the Franchisee and Customer tha# provides safe and effrcient access for the Collection crew and vehicle. If a Customer is physically unable to deliver their Residential Solid Waste or Recyclable Materials to the Curbside Collection Point, or the Residential Unit is not readily accessible to the Collection crew or vehicle, an alternative location shall be designated by the Customer and Franchisee, at no extra cost to the Customer. 8.5.1. Yard Trash Obligations. All Yard Trash, except palm frauds, must be bundled, bagged in a biodegradable bag, or containerized by Customer. A#I Yard Trash must be: separated from Garbage, Trash, and Buik Trash; no more than four (4) feet in length and . no more than three (3) inches in diameter; less than frfty {50) pounds; shall not exceed four (4) cubic yarcls per collection and shall be placed neatly at the Curbside Collection Point by Customer. Natural Christmas trees will be collected as Yard Trash, provided that the sections of the tree are not more than eight (8) feet in length or more than fifty {50) pounds. The Franchisee shall not camingle Yard Trash and other types of Solid Waste in the Franchisee's Collection vehicles. 8.5.2. Buik Trash Obligations. Bulk trash shall not be commingled with Yard Trash. A Customer's Bulk Trash may not be collected .if determined by the Contract Manager and the Franchisee, in writing, to be incompatible. either with the Franchisee's collection '1 0~ equipment or the County's Solid Waste management system, or of such weight or quantity as would sign~cantiy hinder the effectiveness of the Collection or Solid Waste disposa! system. 8.6. Manner of Collection . The Franchisee shall Collect Garbage, Trash, Yard Trash, and Bulk Trash with a minimum of noise and disturbance to the Customer and the public. The Franchisee shall empty the Customer's Garbage Receptacles and then the Franchisee shall return them to the same location where they were placid by the Customer or the Curbside Collection Point. Throwing or damaging Garbage Receptacles is prohibited. The Franchisee shalt Collect all of the Residential Solid Waste placed at a Curbside Collection Point by a Customer. There shall be no limit on the number of Garbage Receptacles placed at the Curbside Collection Point by a Customer. A Garbage Receptacle and the Solid Waste placed therein shall not exceed thirty-fiwo (32} gallons in capacity or fifty {50) pounds in weight. 8.7. Routes and Schedules. On or before March. 31 of each year, the Franchisee shall, in a format acceptable to the Contract Manager, provide the Contract Manager with a map of each route and the scheduled days for Collection of Garbage, Trash, Bulk Trash, and Yard Trash in the Residential Solid Waste Franchise Area. The Franchisee shall keep route maps, schedules, and Customer counts current at all times and shall strictly follow the schedules and routes filed with the Contract Manger. The Franchisee shall provide updated maps and schedules to the Contract Manager no later than three {3} calendar days. after any change. 8.7.1. Changes to Schedules. The Franchisee shall not change the scheduled days for its Collection services until the Franchisee receives the Contract Manager's prior written authorization. The Contract Manager's approval of such changes shall not be unreasonably withheld. in the event that the Contract Manager authorizes a change in schedules that alters the Collection day for any Customer, the Franchisee shall, at its expense, notify each affected Customer by mail or other manner approved by the Contract Manager not less than one (1) week prior to the change. Article 9. Resldentlal Rates and Bllling 9.0. Residential Soli¢ WestQ Collection Service Rates. The total rate per Residential Unit for Residential Solid Waste Collection Service charged by Franchisee shall be $1U.7v per month. The foregoing is the total rate that may be charged by the Franchisee for Residential Solid Waste Collection Service and it includes all franchise fees, collection costs, disposal costs and other fees and expenses. Notwithstanding the foregoing, the Franchisee and the City acknowledge and agree that the tots! rate for Residential Solid Waste Collection Service is subject to adjustment as set forth in this Agreement. The Franchisee shall not separately state the amount of the franchise fee on any bill to any residential Customer. ~~~ „ 9.1. Residential Solid Waste Collection Service Billing. Billing for Residential Solid Waste Collection Service sha11 be the sole responsibility of the Franchisee. Article 10. Commercial Collection Service 10.0. eneral. The Franchisee shall provide all Commerciale Collection Service within the City. 10.1. Freauency of Collection. Commercial Collection Service shall be provided at least once per week, except that the Collection of Recydable Materials may be provided as agreed by the Customer and Franchisee. In any event, Commercial Collection Service shall be provided frequently enough to prevent the crag#ion of a public nuisance or a #hreat to the public health, safety, or welfare. The Contract Manager shall assist the Franchisee and Customer in confirming that the size of the Commercial Container and the frequency of the Collection service are sufficient to ensure that Commercial Solid Waste is not routinely placed or stored outside the Commercial Container. 10.2. Loca#ion of Collection of Commercial Containers. Commerdal Containers for Commercial Solid Waste or Recyclable Materials shall be placed at locations that are mutually acceptable to -the Franchisee and the Customer, and in compliance with the City's land use ordinances. If a dispute should arise between a Customer and,the Franchisee regarding the location of the Commercial Container, the Contract Manager shall designate the location. 10.3. Commercial Containers Required. Construction and Demolition Debris generated or accumulated at the site of a construction, demolition or renovation project shall be stored in a Commercial Container until removed from the site. All other Solid Waste generated or accumulated at the site of a construction, demolition or renovation project shall be stored in a separate Commercial Container or Garbage Receptacle. 10.4. Non-Conforming Containers Prohibited. The use of any container or receptacle other #han a Commercial Container or a Construction and Demolition Debris Commercial Container to store Construction and Demolition Debris a# a construction, demolition or renovation site is prohibited. The City may prohibit the use of any Commercial Container or Construction and Demolition Debris Commercial Container that is found to be unsuitable or undersized. 10.5. Adiacent Areas. Construction and Demolition Debris or other Solid Waste which is cast, blown, or scattered upon any adjacent property as a result of construction, demolition, or renovation activities shall be removed by the Person responsible for the 12 ~\ . construction, demolition or renovation activities no later than the end of the day on which the activities occur or earlier if the waste material causes littering. Article 11. Commercial Collection Service and Construction and Demolition Debris Service Rates and Billing 11.0. Rates -General. The Commeraal Collection Service rates set forth in this Agreement are maximums, and volume discounts stay be negotiated between the Franchisee and the Customer. Notwithstanding the foregoing, the Franchisee and the City acknowledge and agree that the Commercial Collection Service rates are subject to adjustment as set forth in this Agreement. 11.1. Rues. All Customers receiving Commercial CoAsction Service and Construction and Demolition Debris Service will be charged on a per cubic yard basis. Charges will be billed monthly in advance by the Franchisee as follows: 11.1.1. Commercial Container Rate per cubic yard per pick up - $2.90. Extra pick-up shall be charged at the rate of $8.00. Cubic yard ra#e for compactor container service shall be $8.70 per month. 11.1.2. Commercial Container or Garbage Receptacle monthly rental maintenance fee - $18.00. 11.1.3. Roll-Off Charges Per Pull -Open Top Type: $175.00 per pull (minimum one pull per month unless container is rented) Container rental fee - $100 per month 11.1.4. Enclosed Compactor leases to be negotiated separately with customers. 11.2. Other Charges. The rates for Commercial Collection Service and Construction and Demolition Debris Collection Service do not include disposal fees, maintenance fees, franchis® fees, and other extra charges. Such fees shall not be added to a Customer's invoice unless they are individually fisted and itemized. 11.3. Billin .Billing for Commercial Collection Service, and for Construction and Demolition Debris Service shall be the sole responsibility of the Franchisee. Article 12. Adjustments to Rates 12A. CPI Changes in Rates. Compensation payable th the Franchises for senric~s provided hereunder shall be adjusted upward or downward annually to reflect changes in the consumer price index for all urban consumers for the Southeastern US, all items, 1982-84 equals 100, as published by the U.S. Department of.Labor, Bureau of Labor Statistics ("CPI"}, Should the CPI be discontinued or substantially modified, then an al#emate index shalt be chosen by mutual agreement of the City and the Franchisee. Beginning on October 1, 2004, and on each Octoberl thereafter, the foregoing rates ~4 13 0 shall be adjusted to reflect the increase or decrease in the CPI for the immediately preceding twelve (12) month period of June to June, but no increase or decrease shall exceed percent {3°fo} per annum. The Franchisee shall notify the City in writing of increases that are based on the CPI, as provided in this section, no less than thirty {30} days prior to their implementation. 12.1. Change of Law. The parties understand and agree that the Florida Legislature from time to time has made comprehensive changes in Solid Waste management legislation and that these and other changes in law in the future, whether federal, sta#e or local, which mandate certain actions or programs that may require changes or modifications in some of the terms, c:ondfions or obligations under this Agreement. Nothing contained in this Agreement shall require any party to perform any act or function contrary to law. To the extent that any law effective after the effectivve date of this Agreement is in conflict with, or requires changes in, the provisions of services to be provided under this Agreement, the parties agree to enter into good-faith negotiations to determine whether the Franchisee's rates should be adjusted as a result of a change in law. 12.2. Limitation on Rate Chances. The Franchisee shall not be allowed a rate increase for any reason other than those expressly specked in this Agreement. Notwithstanding the foregoing, in the event that a federal, state or local entity imposes a fee, charge or tax after the date of this Agreement that applies to Franchisee's operations per se, such fee, charge or tax shall be treated as a change in law and shall be passed through as a separate billed item after notice and confirmation by the City. 12.3. Rate Adjustment Procedure. Should the Franchisee seek an adjustment of any charges established and approved by the Council, other than the CPI„~hanpes in Rates set forth in section 12.0 of this Agreement, then Franchisee shall notify the City in writing, setting forth the schedule of rates and charges which it proposes and a written just cation for the request. A public hearing`shall be held on the request. The request for a public hearing shall be submitted to the City with supporting data for review and presentation to the Council. The hearing may thereafter be continued from time to time as determined by the Council. The' Council sha11 make a determination whether the adjustment in charges is necessary and just~ed under the circumstances provided herein and set forth in Franchisee's justification for rate adjustment. Article 13. General Qbligations Of Franchisee 13.0. Prohibitions on Biological. Biomedical. and Hazardous Waste. The Franchisee shall not Collect Biological Waste, Biomedical Waste, or Hazardous Waste and the Franchisee shall not deliver or dispose of any of the foregoing wastes at the County Landfill. Franchisee shall not Collect any Solid Waste that the 1=ranchisee reasonably believes is Biological Waste, Biomedical Waste, or Hazardous Waste. The Franchisee shall immediately notify the Contract Manager if any Customer attempts to deliver such material to the Franchisee or the City. The City shall have the right to inspect the Solid Waste and Recyclable Materials Collected by the Franchisee at any time to determine whether the Solid Waste or Recyclable Materials contain Biological Waste, Biomedical 14 1~~ Waste, or Hazardous Waste, and to require the Franchisee take appropriate action to ensure that the Franchisee's Customers do not deliver such materials to the Franchisee. The Franchisee shall promptly arrange and pay for the lawful removal and disposal of any Biological Waste, Biomedical Waste or Hazardous Waste that the Franchisee delivers to the County Landfill. 13.1. S ills e. The Franchisee shall not litter, and shall not spill Solid Waste or Recyclable Materials, anywhere in the City. Whenever the Franchisee is hauling Solid Waste or Recovered Materials, in the City, the Franchisee shall take all necessary steps #o ensure that the material is contained, tied, or enclosed so that leaking, spilling and blowing of such material is prevented. In the event that any material or liquid spills, blows or leaks from the Franchisee's vehicle, the Frand~isee shall immediately dean up the spillage, leakage and litter at no cos# to the City or the Customer. If a Customer or the Contract Manager notifres the Franchisee that its actions have caused titter, spillage, or leakage within the City, the Franchisee shall remedy such problem within 24 hours after being notified. In all such cases, the cost of any cleanup, remediation or damages shall be the sole responsibility of the Franchisee. 13.2. Financial Reports. Franchisee shall provide to the City annually a financial statement and report that includes an income statement showing the gross revenue received by the Franchisee from the Collection of Solid Waste and other services provided by the Franchisee under this Agreement. The report must include the opinion of a Certified Public Accountant, who has conducted an audi# of the Franchisee's books and records in accordance with generally accepted accounting standards which include tests and other necessary procedures, that the financial statements are fairly presented in ail material aspects and in conformity wi#h generally accepted accounting procedures. The report also must include the Certifred Public Accountant's opinion that the Franchisee has properly calculated and fully paid the franchise fees that are due and owing to the Ci#y pursuant to the provisions of this Agreement. The annual audit shall be delivered to the City within one hundred and twenty days after the end of the Franchisee's fiscal year. The City may waive the requirement of an audited financial statement upon good cause. 13.3. Customer Complaints. If the City receives a complaint regarding the Franchisee's service under this Agreement, the complaint shall be immediately forwarded to the Franchisee by telephone or facsimile. The Franchisee shall respond to the complaint within twenty-four hours after the Franchisee receives the complaint. When the complaint is received after twelve o'clock noon on a Saturday or on a day preceding an approved holiday the Franchisee shall respond to the complaint no later than the next day that is not a holiday or a Sunday. Upon resolution of the complaint, the Franchisee shall notify the City within twenty-four hours, by telephone or facsimile, of the action taken to resolve the complaint. 13.3.1 Record. The Franchisee shall keep a written record of all complaints it receives regarding the Franchisee's service under this Agreement. The Franchisee shalt use a standard form to record the pertinent facts regarding each complaint and how it was resolved. The form shall identify the time and date when a complaint was received, .-~ p 15 when the Franchisee responded to the complaint, and when the oomplain# was resolved. The Franchisee's records and forms shat! be kept up to date and shad be maintained throughout the term of this Agreement. Copies of the complaints and forms shall be kept. at the Franchisee's office and shall be available for inspection by the Con#ract Manager during normal business hours. '! 3.3.2. Notice of Certain Types of Complaints. The Franchisee shalt immediately notify the Contract Manager if the Franchisee receives a complaint involving a claim of personal injury, death, or property damage resulting from the Franchisee's actions in the City. The Franchisee shall provide the Contract Manager with a written report about any such matters within three calendar (3} days after the Franchisee receives the complaint. 13.4. Customer Noncompliance. If the Franchisee refuses to Collect Solid Waste from a Customer because the Customer fasted properly to prepare or place the Solid Waste for Collection, the Franchisee shall provide written notification to the Customer explaining why the Solid Waste was not Collected and what the Customer must do to property prepare or place the Solid Waste for Collection. The Franchisee's initial notice may consist of the Franchisee's Collection crew leaving a written notice or tag on the Garbage Receptacle or Solid Waste in question. 13.5. Community Cleanups. The Franchises shall perform at least two community cleanups within the Residential Solid Waste Franchise Area each calendar year. The times and locations of the community cleanup shall be selected by the Contract Manager after coordinating with the Franchisee. The Franchisee shall provide appropriate containers during each community cleanup at no cost to the City or to the sponsor. During the community cleanup, the Franchisee shall Collect only Garbage, Trash, Yard Trash, and Bulk Trash. The Franchisee shall transport these materials to the County Landfill for disposal at no cost to the Franchisee. 13.6. Collection far City Facilities. Franchisee shall provide collection services at City facilities at no charge, including special service for the four major City-sponsored festivals held annually at Riverview Park.. . 13.7. Uncontrollable Forces. Neither the Cifiy nor Franchisee shall be in default of this Agreement, nor shall the Franchisee be subject to the administrative charges set forth in Section 14 of this Agreement, if delays in or failure of performance are due to Uncontrollable Forces, the effect of which the non-performing party could not avoid by the exercise of reasonable diligence. Neither party shall, however, be excused from performance if nonperformance is due to forces or events that are preventable, removable, or remediable and which the non-pertorming party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non-performing party shaii, within a reasonable time of being prevented or delayed from performance by an Uncontrollable Force, give written notice to the other party describing the circumstances and Uncontrollable Forces preventing continued performance of the ~s ~~ obligations of this Agreement, and the expected time when performance in compliance with this Agreement will resume. 13.8. Contract Changes for Public Welfare. The City shall have the authority to make changes in this Agreement when such changes are deemed necessary and desirable for the public welfare. The City shall give the Franchisee reasonable notice of any proposed change and an opportunity to be heard oonceming the proposed change. The Franchisee shall be reasonably and appropriately compensated for any additional services required of the Franchisee due to any madificafion in this Agreement under this paragraph. 13.9. Offs ..The Franchisee shall maintain an office in Indian River County. The Franchisee shall maintain two or more toll free telephone number(s) where service inquiries and complaints can be received by the Franchisee. The Franchisee's office shall be staffed with trained, responsible persons on duty during the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, except holidays. The Franchisee shall use either a telephone answering service or answering machine to receive service inquiries and complaints during those times when the office is closed. The Franchisee also shall develop a system. subject to the Contract Manager's approval, for receiving emergency calls from the public at anytime, and for communicating with the City regarding emergency matters. 13.10. Vehicles and Equipment. At all times the Franchisee shall have a sufficient number of trucks, Commercial Containers, and other equipment available and in good working condition so that the Franchisee can efficiently perform its contractual duties under this Agreement. The Franchisee shall also have available reserve vehicles and equipment that can be put into service within twelve {12) hours of any breakdown or malfunction that can provide similar service to the Franchise Area. Vehicles used by the Franchisee in the perfomnance of this Agreement shall be clearly identfied with the Franchisee's name, local phone number, truck number, and tare weight. Letters and number shall be at leas# four {4) inches high. 13.10.1 i t. On or before March 31 of each year, the Franchisee shall provide the Contract Manager with a fist of the trucks and other Collection equipment that will be used by the Franchisee to provide services under this Agreement. The list shall include the license tag number for each truck and the identification number {if any) for each Commercial Container. The Franchisee shall revise and resubmit the list to the Contract Manager during the term of this Agreement if there are any changes to the list of the trucks, other Collection equipment, or Commercial Containers. The requirements of this paragraph do not apply to: (a) trucks and other Collection equipment used in the City for 30 days or less; or (b} bona fide demonstration trucks and other Collection equipmen#. 13.10.2. Condition of Eouipment. At initiation of the Franchise all equipment must be no more than two (2) years old, and at no time in the Franchise shall equipment in excess of seven {7) years old be utilized except on an emergency basis. All of the Franchisee's vehicles shall be kept in a clean, sanitary condition and in good repair. i~a 17 Any vehicle emitting excessive odor shall be taken out of service and washed prior to being placed back in service. AIi vehicles and auxiliary equipment shelf be regularly maintained in a manner necessary to prevent the release or discharge of Solid Waste, Recyclable Materials, oil, hydraulic fluids, or other fluids into the environment. The Franchisee's vehicles shall not emit visible air emissions during normal operation. The Franchisee's vehicles shall be in compliance with alt Applicable Laws, including, without limitation, laws concerning noise, air pollution, and traffic safety. 13.10.3. Eauiomerrt Required on Vehicles. AIi collection vehicles shall carry a broom, a shovel, a fire extinguisher, absorbent materials and other equipment necessary to clean up any spitted materials. 13.10.4: Insaection of Vehicles and Equipment. The Contract Manager may inspect the operations, vehicles, and equipment of Franchisee at any reasonable time upon giving of reasonable notice and the Franchisee shall allow the Contract Manager to make such inspections. 13.11. Franchisee's Ocerations Manager. The Franchisee shall assign a qualified person or persons to be in charge of the Franchisee's operations within the County. Within three . {3) days after the City signs this Agreement, the Franchisee shall provide the Contract Manager with a written list containing the names and telephone numbers of the Franchisee's operations manager artd other key personnel, and the telephone numbers that are to be used to contact the Franchisee in the event of an emergency. 13.12. Personnel. All of the Franchisee's employees shall be properly trained and qualified to perform the tasks assigned to them. The Franchisee shaii provide routine training in operating and safety procedures for all of the Franchisee's employees that are directly involved in the Collection or processing of Solid Waste or Recyclable Materials in the County. Each driver of the Franchisee's vehicles shall at all times carry a valid Florida drivers license for the type of vehicle that is being driven. The Franchisee's employees shaii wear a uniform, shirt, or vest bearing the Contractor's name whenever they are Calleding or transporting Solid Waste or Recyclable Materials in the City. The Franchisee's personnel shall not scavenge for Solid Waste or Recyclable Materials. 13.12.1. Polite and Courteous Behavior. The Franchisee's employees shaii treat all Customers in a polite and courteous manner. All personnel of Franchisee shalt refrain from belligerent behavior and profanity. Franchisee's personnel shall not request tips or payment of any kind from Customers. The Franchisee shall promptly take appropriate action to correct any such behavior or language. 13.13. Emaloyee Waaes and Benefits. The Franchisee shall comply with all Applicable Laws relating to wages, hours, overtime, disability, and all other matters relating to the employment and protection of employees, now or hereafter in effect. 13.14. Permits and Licenses. The Franchisee shall obtain, at its sole expense, any and all permits and licenses required by Applicable Law in connection with this Agreement and 18 l~ °; Franchisee shall maintain the same in full force and effect throughout the term of this • Agreement. Any revocation of the Franchisee's licenses or permits shall be reported to the City within three (3) calendar days. 13.15. Public Entity Crimes. No Franchisee may be a person or affiliate identified on the Florida Department of General Services "convicted vendors list. This list is defined as consisting of persons and affiliates who are disqualified from the public contracting and purchasing process because they have been found guilty of a public entity crime. The Franchisee is required to comply with Florida Statutes Section 287.133, as amended, or its successor. The Franchisee shall notify the Contract Manager within three (3) days if the Franchisee is found guilty of public entity crime or placed on the convicted vendor list. 13.16. Non-Discrimination. The Franchisee, in performing under this Agreement, shall not discriminate against any worker, employee, or applicant or any member of the public because of race, creed, religion, color, sex, age, marital status, disability, or national origin, or otherwise commit an unfair unemployment. practice on such basis. 13.17. Nat~„rral Aisasters and Other Emergency Conditions -Variances from Normal Services. In the event of a natural disaster or other emergency, the Contract Manager may grant a variance from the normal requirements of this Agreement. Among other things, the Contract Manager may allow tkie, Franchisee to use other routes, schedules, and disposal sites during the time period in which an Uncontrollable Force prevents the Franchisee from complying with the nomlal requirements in this Agreement. In such circumstances, the City shat! ask the local''rriaclia to inform the public about the changes in the Franchisee's services As soon as practicable after such natural disaster or Uncontrollable Force, the Franchisee shall resume normal operations. In such cases, the Franchisee shall make the City a priority. 13.17.1. FK~n~hisee Unable to Provide Contracted Services. In the event that the Franchisee is unable to provide adequate services during an emergency or other event involving an Uncontrollable Force, the City may hire other Contractors to provide those services. In such case, the City reserves the right to charge the Franchisee for all costs and expenses that the City incurs while providing the services that the Franchisee is obligated to provide pursuant to the requirements of this Agreement, subject to setoff for the amounts that would have been paid to Franchisee for the services. 13.17.2. Rapid Recovery from Disaster. The dean-up from some natural disasters may require that the Franchisee hire additional equipment, employ addifional pen~onnel, or work existing personnel on overtime hours to dean debris resulting from the natural disaster. The Franchisee shall not receive any extra compensation (i.e., above the normal compensation provided in this Agreement) to recover the costs of rental equipment, additional personnel, overtime hours, or other expenses unless the Franchisee has received written authorization and approval from the Contract Manager prior to the work being performed. Atl such costs may be audited.by the City prior to payment. 19 ~~~ 13.18. Disaster Response Plan. The Franchisee. shall develop and provide to the City • a disaster preparedness and response plan by March 31 of each year. This plan shall include provisions for additional personnel and equipment and shall establish a reasonable, verifiable basis for any charges. In the event that excess work resulting from a natural disaster is oompensabte by the Federal Emergency Management Agency, or any .~ other local, state, or federal agency, any compensation to the Franchisee shall be subject to such agency's prior approval. The Franchisee shall be familiar with Federal Emergency Management Agency documentation nequirements and shall provide the necessary documentation for submission of cost reimbursement requests. The Franchisee shaA be required to submit its Federal Emergency Management Agency documentation of costs as a condition of payment for additional personnel and equipment pursuant to #his section. 13.19. Insurance. 13.19.1._ Workers' Compensation Insurance. Workers' Compensation coverage must be maintained in accordance with statutory requirements as well as Employer's Liability Coverage in an amount no# less than $100,000.00 per each accident, $100,OOOAO by disease and $500,000.00 aggregate by disease. . 13.19.2. Liability Insurance. The Franchisee shall, during the term of this Agreement, maintain in full force and effect commercial general liability insurance and automobile liability insurance, which speaflcaily covers all exposures incident to the Franchisee's . operations under this Agreement. Such insurance shall be with a company authorized #o do business in the State of Florida and which possesses a minimum, current rating of B+ Class VIII in "Best's Key Rating Guide." Each policy shall be in an amount of not less than $1,000,000.00 Combined Single Limit for personal bodily injury, including, without limitation, death, and property damage liability and.the general liability shall include bu# not be limited to coverage for Premises/Operations, Products/Comple#ed Operations, Contractual, to support the Franchisee's Agreement ar indemnity and Fire Legal Liability. In addition to the above liability limits, the.Franchisee shall maintain a $5,000,0(}0.00 umbrella and/or excess liability coverage. Liability policy(ies} shall be endorsed to show the City as an additional named insured as its interests may appear, and shat! also provide that insurance shall not be canceled, limited, or non-renewed until after thirty (30} days written notice has been given to the City. Franchisee shall provide the City with copies of current certificates of all required insurance concurrently with execution of this Agreement by Franchisee. Franchisee expressly understands and agrees that any insurance protection furnished by Franchisee shall in noway limit its liability to the City or its responsibility to indemnify and save harmless City and the officials, officers, and employees of the City under the provisions of this Agreemen#. 13.20. Indemnification. The Franchisee agrees to hold the City and the officials, officers, and employees of the City harmless from any and all liabilities, losses, penalties, costs or damages the City, its officials, officers, and employees may suffer as a result of any claims, demands, suits, or judgments against the City, its officials, • officers, and employees arising out of or in any way related to the acts or omissions of ~0 1~ 5 the Franchisee or its employees under this Agreement. The Franchisee shall not be required to indemnify or hold the City harmless for any act or omission caused by the sole negligence or willful misconduct of the City or its officials, officers, or empbyees. This indemnification and hold harmless agreement shall survive the tem~ination or expiration of this Agreement. 13.21. Damage. The Franchisee including, without limitation, its agents, empbyees and subcontractors, shall perform all services under this Agreement in such a manner so as to avoid damage to public and private property and shall promptly repair or pay for any such.damage in conjunction with its insurance adjustment procedures. Article 14. Administrative Charges to Franchisee for Failure to Perform 14A. Failure #o Pav Franchise Fee. Franchise fee payments received after the fifteenth (15~') day of the month shat! bear interest at 1896 per year. F_xcept for an .Uncontrollable Force, franchise fee payments received more than twenty (20) days after the due date shall be subject to an administrative fee of $500 for the first. nonpayment; $1,500. for the second nonpayment; and $5,000 for the thini nonpayment. Three late paymerts in any one calendar year, or failure to make payment within thirty (30) days, after the due date, unless due to an Uncontrollable Force shall result in temnination of this Agreement. 14.1. Customer Service Complaints. All Customer service complaints received by the Franchisee or Contract Manager and reported to the Franchisee shall be promptly resolved pursuant to applicable teens of this Agreement. Customer service Complaints shall riot In~lude:.Customer informational requests or Recycling Container requests. - Customef. service complaints may include, but are not limited to, the following: .1 Commingling Solid Waste with Yard Trash .2 Throwing of Garbage Receptacles .3. Failure to coAert Solid Waste on schedule .4 Failure to replace Garbage Receptacles or Commercial Containers to the point of collection. 14.1.1. In the event Customer service complaints received from Residential Solid Waste Collection Service customers exceed any of the following percentage(s): Comaaint Tune Annuel °/Q Mgnthiy,,°lo Garbage, Trash and Damage 4% 0.5°~ Yard Trash 2.5°~ 0.35°~ of the Customers in the Franchise Area served by the Franchisee as determined on the first day of each calendar year, the Contract Manager may levy $100A0 administrative charges for each incident exceeding these percentages, on a calendar year or monthly .~ basis as is appropriate. 21 ~~~ 14.2. Left Intentionally Blanl4j 14.3. ILeft lntentionaly Blank] 14.4. Changing Scheduled Collection Davs without-Approval. Changing scheduled Collection days without approval will result in a $2000.00 administrative charge per inadent. 14.5. Failure to Clean Uo Spillage. Failure to clean up spillage of any substance required to be leaned up by and in accordance with the City of Sebastian requirements wiA result in a $200.00 administrativve charge per day, per incident. 14.fi. Failure to Complete Route. Failure to complete, either partially or totally, a route on the regular scheduled collection day shall result in an administrative charge of $1,000 for each route per day not completed, provided that no such fine will be charged due to an Uncontrollable Force or if the route Is more than ninety percent (90%) complete and is thereafter completed within five (5) hours. i 14.7. Other Performance Standarcis and Administrative Charges. The Contract Manager may also levy administrative charges for ail other infractions of this Agreement at $100.00 per day per incident, beginning with the third reported incident, without regarct to the percentage of customer complaints including, without limitation: .1. Failure to provide clean, safe, sanitary Collection equipment .2. Failure to maintain office hours as required .3. Operator not licensed .4. Collection Vehide not licensed .5. Failure to provide documents and reports in a timely and accurate manner .fi. Failure #o cover materials on Collection vehicle .7 Collection vehicles left standing on street unnecessarily .8. Collection employees out of uniform .9. Not providing schedule and route maps .10. Speeding, upon conviction .11. Failure to Collect Solid Waste or Commercial Solid Waste for any Customer who has been missed more than three times per calendar year .12. Failure to respond to Customer calls in a timely and appropriate manner 14.9. City Repair of Damage. In the event the Franchisee fails to repair damages caused by Franchisee pursuant to this Agreement, the Contract Manager may arrange for the repair; and impose an administrative charge to the Franchisee for the cost of the repairs and any applicable administrative. expenses. 14.10. Payment of Administrative Charges by Franchisee. The Contract Manager shall notify the Franchisee In writing of the County's intent to assess any administrative 22 ~'` charges provided under this Agreement. The Contract Manager shall provide to • Contractor an itemized written list of each instance in which Franchisee failed to meet the performance standards specified in this Agreement, induding the nature of the failure, date, time, location, and any other available and applicable information, with a reasonable degree of specificity as allowable under the circumstances. Such itemized fist will be provided to the Franchisee monthly, on or before the tenth (10~') calendar day of each month. The Franchisee shall have two (2) weeks following receipt of such list to pay the entire amount of the Adminis#raWe Charges or to contest same as set forth herein. !n the event the Franchisee wrishes to,contest such assessment it shall, within ten (10) calendar days after receiving such notice, request in writing an opportunity th be hearcl by the Contrail Manager and present its explanation and any basis on which the Franchisee believes any recorded failure to perform within the standarcs of this Agreement is inaccurate. The Contract Manager shall notify the Franchisee in writing of any action taken with respect to the Franchisee's claim. Franchisee may further appeal, in writing, the decision of the Contract Manager to the City Manager, who shall conduct a review of all of the facts and dreumstances, and make a determination in writing. The decision of the City Manager will be ftnal. Article 15. Default 15.0. Causes of Default . The City may tem~inate this Agreement, except as otherwise provided below In this section, by giving Franchisee thirty (30) days advance written notice, to be served as hereafter provided, upon the happening of any one of the following events: i .1. Filipg of Insolven or Bankru t{~cy. Franchisee shall take the benefd of any present or future insolvency statute, or shall make a general assignment for the benefit of creditors, or file a voluntary petition in banlwptcy or a petition or answer seeking an arrangement for its reorganization or the ne-adjustment of its indebtedness under the federal banlwptcy laws or under any other few or state of the United States or any state thereof, or consent to the appointment of a receiver, trustee or liquidator of all or substantially all of its property; .2. l3edaration of Bankruptcy. By order or decree of a Court, Franchisee shall be adjudged bankrupt or an order shall be made approving a petition filed by any of its creditors or by any of the stockholders of the Franchisee, seeking its reorganization or the readjustment of its indebtedness under the Federal banlwptcy laws or under any law or statute of the United States or of any state then3of, provided that if any such judgmen# or order is stayed or vacated within sixty (fi0) days after the entry thereof,- any notice of cancellation shall be and become nuN, void, and of no effect; unless such stayed judgment or order is reinstated in which case, said default shall be deemed immedia#e; .3. Control by Receiver. Trustee. or laauidatar. By or pursuant to or under authority of any legislative act, resolution or rule or any order or decree of any Court or governmental boarcl, agency or officer having jurisdiction, a receiver, trustee or liquidator shall take possession or con#rol of all or substantially all of the property of the Franchisee, and such possession or control shall cantinas in effect for a period of sixty days; or • fig ~ .4. Failure to Pertorm Services under Agreement. The Franchisee has defaulted, by failing or refusing to perform or observe the terms, conditions or covenants in this Agreement or has wrongfully failed or refused to comply with the instructions of the Contract Manager relative thereto, whether such default is considered minor or major, and such defaul# is not cured within thirty (30) days of receipt of written nonce by City to do so, or if by reason of the nature of such default, the same cannot be remedied within thirty {30) days following receipt by Franchisee of written demand from City to do so, Franchisee faits to commence the remedy of such default within said thirty (30) days following such written notice or having so commenced shall fail thereafter to continue with diligence the curing thereof (with Franchisee having the burden. of proof to demonstrete that the default cannot be cured within thirty (30) days, and that it is proceeding with diligence to cure such default, and such default will be cured within a reasonable period of time). Failure to make timely payment of the Franchise Fee shall not be oonsider~ed a curable default. .5. Repeated Unauthorized Collection. Franchisee has on four {4) occasions during the term of this Agreement been found to have Collected Residential Solid Waste generated from outside the Residential Solid Waste Franchise Area from non-Customers without the prior written approval of the Contract Manager. 15.1. interim Collection Services. Notwithstanding anything contained herein to the contrary, if Franchisee faits to provide Residential Solid Waste Collection Service for a • period of three {3) consecutive scheduled Collection days, the City may obtain the Franchisee's Collection records on the fourth Collection day to provide applicable interim Collection services until such time as the Franchisee is again able to perform pursuant to this Agreement; provided, however, if the Franchisee is unable for any reason or cause to resume performance at the end of ten (10) working days, alt liability of the City under this Agreement to the Franchisee shall cease and this Agreement may be deemed immediately terminated by the City. 15.2. Habitual N'rolator. Notwithstanding the foregoing and as supplemental and additional means of termination of this Agreement under this section, in the event that Franchisee's record of pertormance shows that Franchisee has frequently, regularly or repetitively defaulted in the performance of any of the covenants and conditions required herein to be kept and performed by Franchisee, in the reasonable opinion of the C1ty and regardless of whether Franchisee has corrected each individual default, Franchisee shall be deemed a "habitual violator," shall forfeit the right to any further notice or grace period to correct or cure future defaults, and a!I of such defaults shall be considered cumulative and, collectively, shall constitute a condition of irredeemable default. The City shall thereupon issue a final warring letter to Franchisee, setting forth in detail alt of the facts and circumstances constituting the determination of "habitual violator." Thereafter, any single default by Franchisee of whatever nature shalt be grounds for immediate termination of this Agreement. In the event of any such subsequent defau~, the City may terminate this Agreement upon the giving of written final notice to Franchisee, such termination to be effective on the date set forth in the final notice, and all contractual fees due under this Agreement plus any and all charges and interest shalt be payable to such 24 ~~ date, and Franchisee shall have no further rights under this Agreement. immediately upon receipt of such final notice, Franchisee shall proceed to cease any further performance under this Agreement. 15.3. Date of Agreement Termination for Default. Except as otherwise provided in this section, termination shall be effective upon the date specified in City"s written notice to Franchisee and upon such date this Agreement shall be deemed immediately temlinated and upon such #errnination all liability of the City under this Agreement to the Franchisee shall cease, and the City shall be free to negotiate with any Person for Collection services. The Franchisee shall reimburse the City for all direct and indirect costs of providing interim Collection service. Article 46. General Provisions 16.0. rvival. Except as otherwise expressly provided herein, each obligation in this Agreement tQ be pertormed by Franchisee shall survive the temnination or expiration of this Agreement. 16.1. Waiver. The failure of the City at any time to require performance by the Franchisee of any provision hereof shall in noway affect the right of the City thereafter to en#on:e the same. No waiver by the City of any breach of any provision hereof shall betaken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself. 16.2. Remedies. No remedy herein conferred upon any party is intended to be exclusive of any other remedy and each and every such remedy shall be cumulative and shall be in addition to every such remedy given under this Agreement or now or hereafter existing at law or in equity or by statute or othewise. No single or partial exercise by any party or any right, power, or remedy under this Agreement shall pr®dude any other or further exercise thereof. If any legal ac#ion or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default, or misrepresentation in connection with any provisions of this Agreement, each party shall bear its own costs. 16.3. Govemino Law and Venue. This Agreement shall be governed by the laws of the State of Florida. Any and all I~al action necessary to interpret or enforce the Agreement wiA be held in Indian River County and the Agreement wilt be interpreted acc:or+ding to the laws of Florida. The parties hereto expressly waive all ,right to trial by jury of any dispute relating to this Agreement. 16.4. Sevg bra ility. The invalidity, illegality, or unanforceabilit~i of any provision of this Agreement, or the occurrence of any event rendering any portion or provision of this Agreement void, shall in no way affect the validity or enforceability of any other portion or provision of the Agreement. Any void provision shall be deemed severed from the Agreement and the balance of the Agreement shall be construed and enforced as if the Agreement did not contain the particular portion or provision head to be void. The parties gv 25 . further agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this Section shall not prevent the entire Agreement from being void should a provision which is of the essence of the Agreement, at the option of the City, be determined to be void. 16.5. Assignment and Suboontractinc~. 16.5.1 Assignment of Entire Agreement. No assignment of this Agreement or any right oxurring under this Agreemen# shall be made in wl~fe by the Franchisee without the express prior written consent of the City. The City shall have full discretion to approve or deny, with or without cause, any proposed assignment by the Franchisee. Any assignment of this Agreement made by the Franchisee without the express prior written conserrt of the City shall be null and void and shall be grounds for the City to declare a default of this Agreement and immediately terminate this Agreement by giving written notice to the Franchisee. Upon the date of such notice, this Agn~ement shall be deemed immediately terminated, and upon such termination all liability of the City under this Agreement to the Franchisee shall cease, and the City shall be free to negotiate with any Pennon for the services that are the subject of this Agreement. In the event of any permitted assignment, assignee shat! fully assume all the liabilities of the Franchisee under this Agreement. 16.5.2. [.eft Intentionally Blankl 16.6. Modification of the Agreement. This Agreement constitutes the entire agreement and understanding between the parties hereto and supersedes all prior and contemporaneous agreements and understandings, representations and warranties, matters, whether oral or written, relating to such matters and this Agreement shall not be considered mod~ed, altered, changed, or amended in any respect unless in writing and signed by the parties hereto. Such mod'rfication shall be in the forth of an Amendment execu#ed by both parties. 16.7. Independence of Parties. It is understood and agreed that nothing herein contained is intended or should be construed as in any way establishing the relationship of co-partners or joint ver~burers between the parties hereto, or as constituting the Franchisee as the agent, representative, or employee of the City for any purpose whatsoever. The Franchisee is to be and shat! remain an independent con#ractor with respect to ail senrioes performed under this Agreement. 16.8. Resolution of Disautes. Except as specifically provided herein, any and all disputes or disagreements arising out of this Agreement shall be subject to the decision of the Contract Manager, with right of the Franchisee to appeal to first the City Manager, and thereafter to the Council, whose decision shall be final and binding. During any dispute, the Franchisee shall continue to render foil compliance with this Agreement regardless of the nature of the dispute, unless the City specifically notifies the Franchises otherwise. 26 \~~ 16.9. Representations of the Franchisee. The Franchisee represents that: (a) it is a corporation duly organized under the laws of the State of Florida; {b}this Agreement has been duly authorized, executed, and delivered in the State of Florida; and (c) it has the required power and authority to perform this Agreement. 16.10. Informed Consent. The Franchisee agrees that the terms of this Agreement have been completely read, are fully understood, and are voluntarily accepted; that Franchisee affirmatively states that it has had the benefd of advice from counsel of its own choosing before executing this Agreement; that Franchisee has voluntarily and with full understanding executed this Agreement and accepted its terms and conditions. The terms of the Agreement shall not be construed against either party as the "drafter" of the document. 1 fi.11. Notices. All dealings, contacts, notices, and payments between the Franchisee and the City shall be directed by the Franchisee to the Contract Manager and by the City to the Franchisee's Project Manager, each of whom shall be designated and identified to the other party, in writing, upon execution of this Agreement. Any notice, demand, communication, or request required or permitted under this Agreement sh811 be in writing and delivered in person or sent by certified mail, postage-prepaid as -- follows: As to the Cit)r: . City of Sebastian 1225 Main Stn3et Sebastian, FL 32958 Attention: City Manager Copy #o: City Attorney As to the Franchisee: Waste Management Inc. of Florida c/o Harris Sanitation 7382 Talona Drive West Melbourne, FI 32904 Attention: District Manager copy to: Waste Management Inc. of Florida 2700 NW 48"' Street Pompano Beach, FL 33073 attention: Florida Counsel Notices shall be effective when received at the address as speed above. Changes in the respective address to which such notice is to be directed may be made from time to time by written no#ice. Facsimile transmission is acceptable notice effective when received, provided, however, that facsimile transmissions received {i.e.; printed) after 4:30 27 0~ p.m. or on weekends or holidays, will be deemed received on the next day that is not a weekend day or a holiday. The original of the notice must additionally be mailed. 16.12. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original copy and ail of which shall constitute but one and the same instrument. 18.13. Headings. Captions and headings in this Agreement are for ease of reference only and shall not constitute a part of this Agreement nor affect its meaning, construction, or effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year above written. CI 5 A Attest: B .. By _ ~, CMC Date: o ~_ Approv d by: ~j WASTE M AGEMENT INC. OF FLORIDA, City Attorney Witness Signatu Print Name: Witness Signature: Print Name: STATE OF FLORIDA COUNTY OF 1~Q~~h2[~ (AFFIX CORPORATE SEAL) The foregoing instrumen# was acknowledged before me this ~ day of ~, 200 by (rh~ /r ~ s View ~~Eesra~.yT of WASTE MANAGEMENT INC. OF FL IDA., 'a Florida corporation, on behalf of same. Hefs#~re is personally known to me r~r #as-~~edaeed ~enti€reatiork (NOTARY SEAL} ,,,,,~~~,,,, Nancy E. Malito :i¢`•'~"''~ :Commission #DD159188 =,: ~'= Expires: Oct 17, 2006 =~' r' Bonded Thru 4'~osA,dd?• /~,, ~~n~~ AdaMiC BOndtng W., ]ISQ gy. Name and Title: [, /~F s .~, ~~ NOTARY SIGNATURE: 28 P~s~ 8~..~-- • \~ • I g`~ 29 ~~~1~~~~~-~ PRINTED NOTARY SIGNATURE Notary Public, State of Commission Number. My Commission Expires: ~~~~ CERTIFICATE OF INSURANCE °aiti o ZO S ) / O PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Lockton Companies of Houston 5847 San Felipe, Suite 320 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Houston, TX 77057 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 866-260-3538 (Phone) ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 866-492-1055 (Fax) INSURERS AFFO OVERAGE INSURED: Waste Management Holdings, Inc. & All Affiliated, Insurer A: ACE America r nce ny Related & Subsidiary Com anies includin : p g Harris Sanitation Inc. II1SUrer B: Indemni ante Com an orth America tY P Y P O Box 120189 Insurer C: West Melbourne, FL 32912-0189 Insurer D: Insurer E: COVE RAGES AC V THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAYBE EXHAUSTED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER EFFECTNE DATE EXPIRATION pATF LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 5 000 000 A X COMMERCV+LGENERALLIABIIfTY FIRE DAMAGE(ANVONeFlael , , $ 5,000,000 X OCCURRENCE HDO 623718200 1/1/2007 1/1/2008 MED ExP (PeRPErtsoM X xCU INCluoeO PERSONAL & ADV INJURY $ 5,000,000 X ISO FORM CG DDDtt2D4 GENERAL AGGREGATE $ 6,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS/COMP. OP. AGG $ 6,000,000 X PROJECT or LOCATION AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1 000 000 A X ANY AUTO (EACH ACCIDENT) , , X ALL OWNED AUTOS ISA H08226994 1/1/2007 1/1/2008 X HIRED AUTOS X NONAWNEDAUTOS X MCS-90 A EXCESS AUTO LIABILITY XSAH0822707A 1/1/2007 1/1/2008 COMBINED SINGLE LIMIT $ 9,000,000 EACH ACCIDE EXCESS LIABILITY/UMBRELLA EACH OCCURRENCE $ 15,000,000 A X OCCURRENCE XOOG23792886 1/1/2007 1/1/2008 AGGREGATE $ 15,000,000 CLAIMS MADE WORKERS' COMPENSATION WORKERS' COMPENSATION STATUTORY B and EMPLOYERS LIABILITY WLR 044458226 (AOS) 1/1/2007 1/1/2008 EL EACH ACCIDENT $ 3,000,000 /q WLR 044458196 (CA) 1/1/2007 1/1/2008 EL DISEASE-EA EMPLOYEE $ 3,000,000 A SCF 044458214 (WI) 1/1/2007 1/1/2008 EL DISEASE-POLICY LIMIT $ 3,000,000 REMARKS: DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONSADDED BY ENDORSEMENT PROVISIONS: CHECK BLANKET WANER OF SUBROGATK)N lS GRANTED IN FAVOR OF CERTIFICATE MOLDER ON ALL POLICIEB WHERE AND TO THE EXTENT REQUIRED BY WRITTEN BOX CONTRACT WHERE PERMISSIBLE BY LAW. ® CERTIFICATE HOLDER IS NAMED AS AN ADDITIONAL INSURED (EXCEPT FOR WORKERS' COMP/ELj WHERE AND 70 THE EXTENT REQUIRED BY WRI TTEN CONT ACT. R TT rr ,, • V ~J ~ 111 La'V! CERTIFICATE HOLDER: CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL `30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS City of Sebastian , AGENTS OR REPRESENTATIVES.'EXCEPT 1D DAYS NOTICE FOR NON-PAYMENT. 1201 Main St t ree AUTHORIZED REPRESENTATIVE: Sebastian, FL 32958 ~-~~~ 3~~ 1~ CERTIFICATE OF INSURANCE Date: (M"'"D°"n~ 12110/2005 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Loddon Companies ~ Houston 5847 San Felipe, Suite 320 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE , Houston, TX 77057 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR sss-2s0-3538 (Pnone> ALTER THE COVERAGE AFFORDED 8Y THE POLICIES BELOW. 866-492-1055 (Fax) I NSURERS AF G COVERAGE INSURED: Waste Management Holdings, Inc. & All Affiliated, InSUrer A: ACE American Inset Related S Subsidia Co i i l di ry mpan es nc u ng: ' Waste Management Incorporated of Florida InSUrer B: Indemnity Ins ran ny of ca 7382 Talona Drive It1SUrer C: West Melbourne FL 32904 , Insurer D: - - Insurer E: ' `~ COVE RAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT Wmi RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSK)NS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN AMY BE EXHAUSTED BY PAID CLAIMS. I~~ TYPE OF INSURANCE POLICY NUMBER ~~~ oATe ExPIRATfoN DATE LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 5,000,000 A X COMMERCUILOENERALLWBILTTY ~ ~ FIRE DAMAGE (ANYONEIro1q 5,000,000 X OCCURRENCE HDO 621714318 1/12006 1/1/2007 MED ExP tFERPERaorq X xCU INCLUDED PERSONAL & ADV INJURY $ 5,000,000 X ISO FORM CG 00011204 GENERAL AGGREGATE $ 6,000,000 GEML AGGREGATE LaeT APPLIES PER: PRODUCTS/COMP. OP. AGG $ 6,000,000 X PROJECT X LOCATION AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT $ 10,000,000 A X ANY AUTO (EACH ACCIDENT) X ALLONMEDAUTOS ISAH08218997 1/12006 1/12007 X wREO Auros X NON-OVIR~ED AUTOS X MCS-90 EXCESS LIABILITYNMBRELLA EACH OCCURRENCE $ 15,000,000 A X occuRRENCE XOOG23572503 1/12006 1/12007 AGGREGATE $ 15,000,000 ' CWMS MADE WO RKERS' COMPENSATION WORKERS' COMPENSATION STATUTORY B and EMPLOYER75 LIABILITY WLR 044338440 {AOS) 1/1/2006 1/1!2007 EL EACH ACCIDENT $ 3,000,000 A WLR 044338427 (CA) 1/12006 1/12007 EL DISEASE-EA EMPLOYEE $ 3,000,000 A SCF 044338403 (11VI) 1/12006 1/12007 EL DISEASE-POLK;Y LIMn" $ 3,000,000 REMARKS: DESCRIPTION OF OPERATIONS/LOCATIONS/VEHK:LESIEXCLUSK)NSARDED BY ENDORSEMENT PROVfSIONS: CHECK BL.A1~T WAVER OF SUBR06ATKN1 IS GAANiED 1N FAVDR OF C6tTE1CATE HOLDER ON ALL POLIgEB WHERE AND TO THE EXTEM REQIAt®BY WRITTEN CONTRACT. BOX ® CERTIFICATE HOLDER t3 NAMED AS AN ADDRIONAL W SURER (EXCEPT FOR WORKERS' COMPfEL) WHERE AND TO THE EXTENT REQUIRED BY WRITTEN CONTRACT. Addklonai Insured In favor of the City of Sebastian (on all policies except Workers' CompensationlEL) whero and to the extent required by written contract CERTIFICATE HOLDER: CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WIL1 ENDEAVOR TO MAIL'30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FNIURE TO DO SO SHAH aAPOSE NO OBLIGATION OR LUJ31LTrY OF ANY KIND UPON THE WSURER rrS City Of Sebastian AGENTS OR REPRESENTATNES.-EXCEPT 10 DAYS NOTICE FOR NON-PAYMENT. 1225 Main Street Sebastian, FL 32958 AUTHORIZED REPRESENTATIVE: ~~ '~-~-r ~i g~ ' CERTIFICATE OF INSURANCE Date: (MM/DDIYY) 12/1o2oas PRODUCER Lockton Companies of Houston 5847 San Felipe, Suite 320 Houston, TX 77057 866-260-3538 (Phone) IS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO Rt.GHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR LTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 866-492-1055 (Fax) I NSURERS AFFORDING COVERAGE INSURED: Waste Management Holdings, Inc. 8i All AfTiliated, Related ~ 5ubsidiary Companies including: Hams Sanitation Inc. Insurer A: InSUrer B: ACE American Company Indemnity Insuran America I J P o BoX 120188 West Melbourne FL 32812-0188 Insurer C: '~ 9 , Insurer D: Insurer E: -~ - COVE RAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR 7HE POLICY PERIOD INDICATED. NOTWTI'HSTANDINt3 ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMrfS SHOWN MAY BE EXHAUSTED BY PAID CLPiIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER EFFECTIVE DATE EXPIRATKIN ~~ LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 5,000,000 A X CoMMERCUIL GENERAL LIABILrrr FIRE DAMAGE (ANYOPEFAE) $ 5,000,000 X OCCURRENCE HDO 621714318 1/1/2006 1/12007 MEDEXPIFeItFERlaorq X XCU INCLUDED PERSONAL BADV INJURY $ 5,000,000 X ISO FORM CO 00 01 1204 GENERAL AGGREGATE $ 6,000,000 GEN'L AGGREGATE LNAR APPLIES PER PRODUCTS/COMP. OP. AGG $ 6,000,000 X PROJECT X LOCATION AUT OMOBILE LIABILITY COMBINED SINGLE LIMB $ 10,000,000 A X pNY pt,Tp (EACH ACCIDENT) X ALL OWNED AUTOS ISA H08218887 1/12006 1/12007 X HIRED AUT03 X NON-OVVWEDAUTOS X MCS-90 EXCESS LIABILITYNMBRELLA EACH OCCURRENCE $ 15,000,000 A X occuRRENCE XOOG23572503 1112006 1/12007 AGGREGATE $ 15,000,000 • CLAIMS MADE WORKERS' COMPENSATION WORKER5 COMPENSATION STATUTORY B and EMPLOYERS LIABILITY WLR 044338440 (ADS) 1/1/2006 1/1200.7 EL EACH ACCIDENT $ 3,000,000 /~ ~ WLR 044338427 (CA) 1/12006 1/12007 EL DISEASE-EA EMPLOYEE $ 3,000,000 q SCF 044338403 (WI) 1/12006 1/12007 EL DISEASE-POLICY LIMIT $ 3,000,000 REMARKS: DESCRIPTION OF OPERATK)NS/LOCATIONSIVEHICLESIEXCLUSK)NSADDED BY ENDORSEMENT PROVISIONS: CHECK BUINIQ:T WAIVER OF SUBROGATION 19 GRANTED W FAVOR OF CERTIFlCATE HOLDER ON ALL POLICIES VilEAE AND TO THE EXTENT REOURED BY VrRnTEN CONTRACT. BOX ® CERTIFK:ATE NOLDER ~ NAYED AS AN ADDITIONAL INSURED (EXCEPT FOR WORKERS' COMPlEL) WHERE AND TO THE EXTENT REAUIRED BY WRrTTEN CONTRACT. CERTIFICATE HOLDER: CANCELLATION: ity of Sebastian SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPBTATK)N DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL'3D DAYS WRfTTEN NOTICE TO THE CERTIFICATE HOLDER NAMED 70 THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATKXV OR LUIBX.RY OF ANY KMD UPON THE INSURER ITS AGENTS OR REPRESENTATNES.'D(CEPT 10 DAYS NOTICE FOR NONPAYMENT. 1201 Main Street Sebastian, FL 32958 AUTHORIZED REPRESENTATIVE: ~~ ~~ `g1 i~~ Page 1 of 2 Alfred Minner From: Alfred Minner Sent: Monday, June 04, 2007 9:08 AM To: 'ggeletko1 @wm.com' Subject: Recent Complaints George: I wanted to get you a quick a-mail and have a brief conversation about Waste Management services: Over the past several weeks, the number of WM complaints that have made it to my office have been on the rise. I would not say that as a total these complaints are a large proportion of your customers, but the number of complaints do seem to be coming up which is slightly alarming at this stage. Attached below are two complaints I have received over the past few days. One is a compliant forwarded to me from-Mayor Coy. In that compliant, the resident seems to be having trouble with yard debris removal. The second is a resident on Schumann, that seems to be having trouble with regular trash service. Moreover, this resident has noticed that WM crew's are picking up trash along Schumann without stickers and she provides the address. I am sure every case has different circumstances, but I think if higher management folks can contact these residents it would be greatly appreciated on my end. Last week WM addressed a complaint of a resident and it was handled right away, that resident was very happy with those results. Thanks George, any assistance you can provide on these is really needed. COMPLIANT #1 Dear Carolyn, Sorry for taking so long to respond. I am forwarding your complaint to Mr. Minner for action and will add that they have been remiss in picking up my yard debris on numerous Wednesdays lately. Thanks for your input and sorry for the inconvenience. Andrea Coy -Mayor City of Sebastian) -----Original Message----- From: Caroline [mailto:chgodwin0l@comcast.net] Sent: Saturday, May 19, 2007 11:42 AM To: Andrea Coy; Sal Neglia Subject: Waste Management Hello Andrea and Sal, I called Waste Management yesterday to ask why my yard debris had not been picked up for the past-three Wednesdays, explaining that it was being added to each weekend. I talked to a lady, named (I think) Shoshona who told me it was my fault for not bundling into 4 ft sections, that previous pickups over the years had been a courtesy. I, in turn, explained that no branches were even 4 feet long, and that the pile is now three times the size it was the first week. am attaching a photo of my little problem (that's Sam standing by). As you can see, this is not a big pile of trash -and this is not a major deal in the big scheme of things -though it might be by the end of the month if keep gardening.. ~~ 6/7/2007 Page 2 of 2 Any suggestions? Thanks, Caroline Godwin PS I love Sebastian -the council has always been so accessible, even for my little stuff. COMPLAINT #2 Mr Minner, I have wrote your office on several occasions, concerning my service with Waste Management. I am a homeowner & pay monthly for my trash pickup. Again today I had to experience disrespect from the men that are picking up the trash. There are 2 employees, which will not pickup all the trash that is out by the road. As a homeowner I should not have to tolerate this disrespect, when I pay for this service. Another complaint: why do I have to pay & have a sticker on my mailbox that is up to date or my trash will not be picked up by these 2 men, but yet they will pickup the trash at-1279 Schumann Drive & there is no sticker on their mailbox or other mailboxes on Schumann. Waste management has contacted me, after you have contacted them & are aware that there are no stickers on mailboxes on Schumann Drive & that there men still pick up the trash. Waste management does not want to address this problem or they would have done something. Does Schumann Drive have a selective amount of people that don't have to pay for their trash pick up or have stickers on their mailboxes ? Sincerely, Barbara Haskins 1282 Schumann Drive Sebastian, FI See what's free at AOL.com. Thanks for your attention on this George. AI Minner City Manager City of Sebastian / ~i0 6/7/2007 O O N L C O ca c c c~ ~ -~ ~ .O O ~ a a~ m c U_ U o ~ p M N ~ C 'Q fQ ~ M 4? 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I` ti ti~ ti h ti ti ti ti ti ~ ti~ ti~~ ti ti ti~~~~ ti ti ti~ ti O O 0 0 0 0 0 0 0 0 0 .O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N~~ O O O O O O O O O O O O r r r to In -~ ~^~ ti ti O M M d. ,~ ,~ O Cp (p r r r r r r r r r r r r r M M r r r r r r r r r N N N N N M Lly i.C) Ln M M to tO tp t1~ In lC) Ln O ~ l,() ~ ~ ~ ~ ~ ~ to ~ ~ ~ ~ ~ ~ Lf) M 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 aa~ CO r M .- In r ~ ~ J ~ O F- ~ Z Z J J ZO~Ja Q ~~~o 0 a~5 a~~ atr,o~ HOME ~F~ YELdCAlV 151AND AGENDA TRANSMITTAL Subject: Agenda No. ~ 7. l L 7 Public Works Compound -StoneCrop Department Origin: Public Works Rehabilitation Financial Shift Finance Department: ' City Attorney: Ap o r Submittal by: City Clerk: Date Submitted: 7June 07 i City Manager Ex its: EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: $289,972 $289,972 Transfer from DST SUMMARY In 2006 the City Council allocated $300,000 in Discretionary Seals Tax funds to relocate the Public Works Compound from the 512 corridor to the Airport. This was a project that was scheduled and discussed long before we made-the financial obligation last year. In recent discussion the importance and priority of this project has diminished.. As such, I have recommended pushing back this project in the FY 07-08 CIP. If you agree with these actions, the money allocated for the relocation of the compound should be closed. One project that is fair more pressing at this juncture is the rehabilitation of the Stonecrop pipe crossing. This twin-pipe culvert is rapidly deteriorating and during the 2004 hurricanes a tremendous wash occurred which has yet to be repaired. This winter was a good one for hurricane preparations. Ditches and other City infrastructure have been improved and better maintained. However, one issue that still needs to be addressed is repair of Stonecrop. Enclosed for your review is a picture of the area of concern. While I am not requesting expenditure of any funds at this date, I am requesting shifting $289,972 to authorize allocation of this project. My goal is that should Council authorize the transaction, I will instruct department heads to plan design specifications, procurement and construction of the project. At this time, no formal proposals have been submitted, but based on experience and other projects, the Public Works department believes this pipe can be replaced and extended towards the retention area for approximately $200,000. As we move forward, staff will be back to Council with budgets and formal expenditure requests. Please note that only $289,972 is available for shifting because $10,028 was used to construct a storage facility for equipment and supplies used for the Building Maintenance Department which was considered a part of the compound relocation plan. RECOMMENDED ACTION Authorize transfer of $289,972 for StoneCrop Rehabilitation Project from DST Fund and remove Public Works Compound Phase I. a~~ aoS .:'~' w- ~ ~ ~.~y7~. ~~ ~. .~~"" ~~~MS~, ~`~ ~_. -» ,~~ ~~''~ +~~,~ . ~. .~~ y. r~~;f' ~'~ f ~'_. ~ ~''~, 3:= '~'*'' ~~'h ~' ~~ ~ ~ ~ E ~ ~~ ~= ~` r ~, ~ ~ y''~:. y ~~,< ~ ~ !fix ., ~ , .~`~ N ~ O _ ~ _ O O ~ . O y y. O O O j 1 T 0 TI T `, '_~ r n ~" p,. Z (- '. N' Z ~ ~ ~~ ~~ ~; . ,.. ,x ~; `"= ~; ,{ ,_ f' h~ ...? ;r:, ~, `~ ~~ O ~_ O ~~ ~• O O ~• m O ~ ';, ` -a m r Cl ~ Z ~~ ~ ,'I~ Z 2 7O t:, #~" ~' [IV~A~~ V~ iF.L{T.{111 ~~ AGENDA TRANSMITTAL Subject: Facility Use Agreement with Agenda No. Indian River Community College for the 2"a Floor of the Old Sebastian Elementary School. Depa ent Or' 'n: Hum • Resources Finance Director: City Clerk: _ Ap ov f r Submittal by: City Attorney: n r, City Manager Date Submitted: May 21, 2007 For Agenda of: June 13, 2007 Exhibits: EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: N/A N/A REQUIRED: N/A SUMMARY The City has been in negotiation with Indian River Community College for several months to lease the 2na floor of the Old Sebastian Elementary School. The effective date of this agreement begins on August 1, 2007, and shall be for an initial period of one (1) year. The premises shall be used by IRCC for the purpose for providing college level courses. IRCC will furnish up to four (4) rooms with technological tools for teaching such as computers and video systems, as well as desks. They will be responsible for installing any additional telecommunication lines or other devices necessary to utilize these tools. IRCC shall be responsible for all fees and charges incurred to service providers associated with these tools. IRCC agrees to pay the City of Sebastian rent for the use and occupancy of the 2na floor in the amount of $3 5.00 per class held therein, payable at the end of each semester (semester would be fall, spring and combined summer). There would be a maximum semester payment of $4,000. RECOMMENDED ACTION Approve Facility Use Agreement with Indian River Community College ai3'' a~`~ FACILITY USE AGREEMENT BETWEEN CITY AND INDIAN RIVER COMMUNITY COLLEGE The CITY OF SEBASTIAN, a Florida municipal corporation, referred to in this agreement as "Owner", hereby agrees to provide to the INDIAN RNER COMMUNITY COLLEGE, a public agency, referred to as "College", classroom space at the Sebastian City Hall Complex as described below, referred to as "the Premises", lying and being in the county of Indian River, State of Florida. The parties agree to be legally bound as follows: I. TERM AND OCCUPATION The term of this Agreement shall be for an initial period of one (1) year commencing at 12:01 A.M. on the 1st day of August, 2007, and shall automatically renew on the anniversary date thereof unless either party gives the other written notice no less than ninety (90) days before any such anniversary of its intent to allow the agreement to come to term. II. PREMISES Upon written notice from Owner that renovations have been completed at said Historic Old Sebastian Elementary School, College may commence its operations on the second floor of said historic structure. The owner agrees to allow the college to post exterior signage with design approval by the City. III. RENT College agrees to pay the Owner as rent for the use and occupancy of the Premises the amount of $35 per class held therein, payable at the end of each semester (semesters would be fall, spring and combined summer), at the Finance Department office of Owner or such other place or places as Owner may from time to time designate by written notice given to College. There would be a maximum semester payment of $4,000, payable in the same manner as set forth above. IV. USE OF PREMISES The premises shall be used by College for purposes of education in accordance with its mission and directives, including such ancillary use of space as is typically associated therewith, and other uses naturally associated therewith, and for no other use or uses without the express written consent of Owner. However, College shall not commit or permit the commission of any acts on the premises, nor use nor permit the use of the premises in any way that: (a) violates or conflicts with any law, statute, ordinance, or governmental rule or regulation, whether now in force or hereinafter enacted, governing the premises; or (b) constitutes the commission of waste on the premises or the commission or maintenance of a nuisance. It is anticipated that College will equip up to four rooms with technological tools for teaching such as computers and video systems. College will be responsible for installing any additional telecommunication lines or other devices necessary to utilize these technological tools. College shall be responsible for all fees and charges incurred to service providers associated with these technological tools. Upon written notice by College that the rooms have been significantly equipped with these technological tools, the rooms containing such equipment may be locked and secured by College and Owner will not make this portion of the Premises available for use by others. However, College will utilize its best efforts to manage the technological resources in a manner that will allow the greatest degree of nonexclusive use of the facilities. a15 V. ASSIGNMENT College may not assign or otherwise transfer rights in this Agreement without the prior express written consent of Owner. VI. SURRENDER OF PREMISES At the end of each period of use, College shall leave the premises in as good condition as they were at the time of occupation by College, reasonable weaz and tear excepted. VII. DESTRUCTION OF PREMISES In the event the building and/or other improvements erected on the premises aze destroyed or damaged by fire or other casualty, the Owner shall have no responsibility or obligation to make any expenditures toward the repair and/or replacement of the building and other improvements on the Premises. Owner, at its option, shall either cause said building and/or other improvements to be replaced or said damage to be repaired as rapidly as practicable, or shall elect not to repair the premises and terminate the Agreement. In the event repairs to the Premises are undertaken and it is reasonable anticipated that it shall take more that thirty (30) days to complete the same, either party may elect to terminate the Agreement without further obligation. VIII. ALTERATIONS College shall not make or permit any other person to make alterations to the Premises without the prior written consent of Owner. Any alterations to the Premises by College shall be made at the sole cost and expense of College. Any and all alterations or improvements made to the Premises shall on expiration or sooner termination of this Agreement become the property of Owner. IX. UNREMOVED TRADE FIXTURES Any trade fixtures that are not removed from the premises by College 30 days after this Agreement's expiration or sooner termination, regazdless of cause, shall be deemed abandoned by College and shall automatically become the property of Owner as owner of the real property to which they are affixed. X. ACTS CONSTITUTING BREACHES BY COLLEGE College shall be guilty of a material default and breach of this Agreement should: (a) College default in the performance of or breach any provision, covenant, or condition of this Agreement and such default or breach is not cured within thirty days after written notice thereof is given by Owner to College; or (b) College abandon the premises before expiration of the term of this Agreement. XI. REMEDIES FOR DEFAULT Communication between parties is encouraged to resolve all problems. Should either party be guilty of a material default and breach of this Agreement as defined in this Agreement, that party shall have available the remedies given by law or equity, and anon-defaulting party shall additionally be entitled to an award of court costs and attorney's fees against the defaulting party. The parties waive the right to trial by jury of all issues so triable. XII. WAIVER OF BREACH The waiver by Owner of any breach by College of any of the provisions of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach by College either of the same or another provision of this Agreement. are XIII. NOTICES Any notice, report, statement, approval, consent designation, demand or request to be given and any option or election to be exercised by a party under the provisions of this Agreement shall be effective only when made in writing and delivered (or mailed by registered or certified mail with postage prepaid) to the other party at the address given below: Owner: City of Sebastian 1225 Main Street Sebastian, FL 32958 Attn: City Manager College: Indian River Community College 6155 College Lane Vero Beach, Florida 32966 Attn: Dr. David Sullivan provided, however, that either party may designate a different representative or address from time to time by giving to the other party notice in writing of the change. EXECUTED on this day of, 2007, at Sebastian, Florida. ATTEST: CITY OF SEBASTIAN A Municipal Corporation By: Sally A. Maio, MMC Alfred A. Minner, City Manager City Clerk Approved as to Form and Legality for Reliance by the City of Sebastian only: Rich Stringer, City Attorney THE DISTRICT BOARD OF TRUSTEES OF INDIAN RIVER CONIMUNITY COLLEGE Bv: Chariman: Werner Bols Date Attest: Dr. Edwin R. Massey President ~~~ ass area ~~~~ ~ t.M 4~ f4 ,~. ~~ HQME OF PELICAN lSL11NA City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: Ordinance No. 0-07-10 -Repealing Agenda No. (~ ~l • f3 f q Emergency Ordinance 0-07-09 and Dept. Origin: Readopting Permanently the Additional $25,000 Exemption in Accordance with City Attorney: Charter Ap rov Submittal by: Date Submitted: 6/7/07 For Agenda of: 6/13/07 i e E ibits: 0-07-10 SUMMARY STATEMENT City Council at its May 23, 2007 Regular meeting, to meet the State's deadline for the current tax year, adopted Emergency Ordinance 0-07-09 to grant the additional $25,000 homestead exemption for a total of $50,000 for certain seniors. Charter Section 2.13 states that an emergency ordinance shall stand repealed on the 91St .day following its adoption or it may be repealed by adoption of a repealing ordinance. Before time runs out on~the emergency ordinance in August we are providing you with an ordinance which will repeal 0-07-09 and readopt the provision granting the additional $25,000 to make it permanent. RECOMMENDED ACTION Pass Ordinance No. 0-07-10 on first reading and set public hearing and final adoption on June 27, 2007. 1`~ 0- a~ ORDINANCE NO. 0-07-10 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, ,REPEALING EMERGENCY ORDINANCE NO. 0-07-09; AMENDING CITY CODE SECTION 2-121 TO INCREASE SENIOR HOMESTEAD EXEMPTION AND PROVIDING FOR APPLICABILITY, SEVERABILITY AND EFFECTIVE DATE. WHEREAS, Article VII, Section 6(f) of the constitution of the State of Florida authorizes the legislature, by general law, to allow counties or municipalities to grant an additional homestead tax exemption, which amount was recently increased from a maximum twenty-five thousand dollars ($25,000) to a maximum exemption. of fifty thousand dollars ($50,000), to any person who has title to real estate and maintains thereon the permanent residence of the owner and who has attained age sixty-five and whose household income does not exceed twenty thousand dollars as adjusted periodically for changes in the cost of living; and WHEREAS, Florida Statutes authorizes a municipality to adopt an ordinance to allow this additional homestead exemption, which has likewise been increased to $50,000 in the recent legislative session, with a provision authorizing the use of an emergency ordinance prior to June 1~ to give effect to the increased exemption for the current tax year; and WHEREAS, City Council adopted Emergency Ordinance No. 0-07-09 on May 23, 2007 to meet the State of Florida deadline to grant the additional twenty-five thousand dollar ($25,000) exemption for the current tax year; and WHEREAS, City Charter section 2.13 states that as of the ninety-first (91) day following its adoption an emergency ordinance shall automatically stand repealed or may be repealed by adoption of a repealing ordinance; and WHEREAS, adoption of a new ordinance is necessary to repeal the emergency ordinance and to make a permanent amendment to Code of Ordinances Section 2-121 for the current tax year. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. SENIOR HOMESTEAD EXEMPTION INCREASED. That Section 2-121 of the City Code, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 2-121. Additional Homestead Exemption. ~'~--,-~ An additional homestead exemption in the amount of ~ f~ thousand dollars 50 000 ~~, which additional homestead exemption applies only to taxes levied by the City of Sebastian, shall be allowed for any person who has legal or equitable title to real estate and maintains thereon the permanent residence of the owner, who has attained age sixty-five (65), whose household income does not exceed twenty thousand ($20,000) as such amount has been adjustment in accordance with Fla. Stat. Section 196.075 (3), and who submits to the Property Appraiser a sworn statement of household income as required hereafter. „ 1 Section 2. APPLICABILITY. The additional exemption provided herein shall take effect with the current tax year, as provided by law, and notice of adoption along with the information required under the provisions of statute shall be immediately transmitted to the proper authorities. Section 3. REPEAL. Emergency Ordinance No. 0-07-09 and all other ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4. SEVERABILITY. If any section, paragraph, sentence, clause or phrase of this Ordinance is held by a court of competent jurisdiction to be invalid or unconstitutional, such holding shall not affect the validity of the remaining portions of this Ordinance. Section 5. EFFECTIVE DATE. Except as otherwise provided herein, this Ordinance shall take effect upon adoption. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Andrea Coy Vice-mayor Sal Neglia Councilmember AI Paternoster Councilmember Dale Simchick Councilmember Eugene Wolff The Mayor thereupon declared this Ordinance duly passed and adopted thi 13~' y of June, 2007. CITY OF SEBASTIAN, RIDA ATTEST: s fj~.~ ~ ` By_ Andrea Coy, Mayor Sally A. Maio, MMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney a~~ 2 City of Sebastian, Florida O~C£ OAF T~ C1TY ~TT(1ftN~Y AGENDA TRANSMITTAL Agenda No. ~ ~ - 05 Subject: Natural Resources Board; Date Submitted: 6/7/07 Ordinance 0-07-11 For Agenda o~ 6/13/07 SUMMARY: The Tree and Landscape Advisory Board, together with the Temporary Environmental Committee, held a jointly reviewed the proposed language as to the duties and mission of the newly-created board. The changes recommended by these bodies have been incorporated into the ordinance. The existing members of these bodies will comprise the initial Natural resources Board. At this time there will be seven regular members and three alternates. RECOMMENDED ACTION: At Council's discretion - Move to pass Ordinance 0-07-11 on first reading and schedule a public hearing for June 27, 2007. REVIEWED BY CITY CLERK: AUTHORIZED PLACEMENT ON AGENDA BY MANAGER. aa3 a~ ORDINANCE 0-07-11 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE SECTION 2-240 AND ' ADDING SECTION 2-241 TO CREATE THE NATURAL RESOURCES BOARD; PROVIDING FOR INITIAL COMPOSITION, CONFLICT AND EFFECTIVE DATE. WHEREAS, the City Council, through consultation with the subject bodies, has decided that the public will benefit from the synergy and efficiencies that will result from merging the Temporary Environmental Advisory Committee with the Tree and Landscape Advisory Board to create a Natural Resources Board; and 'WHEREAS, the Council desires that current members of said bodies maintain positions with the newly-created board; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That section 2-240 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 2-240 Natural Resources Boards creation. f a~- There is hereby created a Natural Resources Board, which shall consist of ~e _seven regular members and two alternate members. Meetings shall be held at such times and places as determined by the city council and shall be open to the public. Est-A4i~ss~ien~~eat:-Te--}~eserii=e; prate ~*~ °-'-' , ~ +'-~ --~*~,~., Section 2. That the Code of Ordinances, City of Sebastian, Florida, is hereby amended to create Section 2-241 which shall read as follows: Mission Statement: To improve the quality of life in Sebastian by nurturin t,~he b neficial relationship between our citizens and our environment by protecting preserving and promoting our natural resources. a~ n p ~rci~'t of hi is ion_ the Natural Re ounces Board will provide ana vsis and advice to the Citv Council on environmental issues with athree-pronged focus on Preservation & Enhancement. Re~ulatorv Programs and P_ ~~hlic AcePtc M~ement. Preservation and Enhancement guidance will feature• a. Efforts for .the protection of historic specimen and arotect_ ed trees b. evelonment of initiative and programs for co servo 'on of sensitive 1_~tnds and open snare. to be pursued both wi hip the City proper and r Tonally on an intergovernmen 1 hacic_ c. Spearheading public education and awareness events cnch ac the ampian 'Free Pro Arbor Dav and Fa~-rh T)av r~elPhratir~nc and d. model for monito 'ng and enhancing the urban forest and protected species within the Habitat _ Regulatorv Programs guidance will feature: a. Periodic review of the tree protection and landsccape code provisions to f ulate recommended amendm ~ - - b. Proposals for development of additional areas of PnvirnnmPntat nratectlan~egUlatlons. and c. F ulation of po 'ev co 'deratio c to be ide Toes h he nnin~ d Za ins Co rniccion `n c cide~rin land development ri~~~tations. Public Assets Management `dance will fPahr~: a. Proposed p a_ntin¢ of tree_ s or la~cca~*~~_a- and b. evelap'nQ env"ra men al be anagPmPnt pros tic~~ + be emplnyed by The City Council maY Si€?n nr rPrtTtect additional ~[ tivitiPC l~v tts~ Rnarri Section 3. INITIAL COMPO~ITI(II~T. Notwithstanding the numerical designations set forth in Section 1 aboveS the initial membership of the Natural Resources Board shall be comprised of all existing members of both the Tree and Landscape Advisory Board together with the Temporary Environmental Advisory Committee, with such members maintaining their existing status as regular or alternate members of the new Board. Section 4. CQl`IFI,ICT. All resolutions,. ordinances or parts of ordinances in conflict here~vi+~h, specifically including but not limited to Resolution R-07-10, are hereby repealed. References within the City Code to the "Tree and- Landscape Advisory Board" shall be amended to reflect the name "~iatural Resources Board". ~ectioz ~. immediately. aa~ EFFECTIVE BATE. This Ordinance shall became effective The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Andrea Coy Vice-Mayor Sal Neglia Council Member Al Paternoster Council Member Dale Simchick Council Member Eugene Wolff The Mayor thereupon declared this Ordinance duly passed and adopted this 27~' day of June, 2007. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Andrea Coy Sally A. Maio, MMC City Clerk only: Approved as to form and legality for reliance by the City of Sebastian Rich Stringer, City Attorney ~a'' ~~g T`he following three pages are from Mr. Kevork Ursulean, Firehouse Garage, Sebastian Parking Issues -Revising Site Plan 07. i~~ ~q a3o ' ~ PROPOSED 20' t0 BE DEIDICAT TO 7HE CCGY OF 3EBASTI/VJ - ~ • ~ ~ I - - ~ ~~~tf ass s. ~ zr~. ~t ?k:~ ~` xe,~` ~;fY" 'l Y Y Y e' •d, ,;. pz'~~,I'~ '' ~~ ,;? .~1,Y',z~ „~ • ~.e ~t'~ ~ LAND U~ E ILVWSTRIA r I ~ ~• ~ Z~ ~i~ ~ \ ~ ~ ~ ~~ EXI5TIN6 ~\ ~ ~ P~ ~ I ,~ .- AUTO MAINTENANCE . ~ ~5~ ~'CP ~ ~ ,~,,~ ~~' ~ BUILDING I ~~G „p~'r (L I ~ ~ ` 2,600 5.~. ~ I ~~" / -~ ~ ~ ~ ~ ~ i ~ L__-, ,ice ~~.~'~ ~~~ i . ~ ~~2 ~ ~g ~p .' ~ ~ . ~ ~ ~ ~ ¢ ~ i ~~ ~ i ~ ~ ~ ~ . ~~~ /G• p ~.~ i i i' / / ~~ / ~ ~ \ • ~i ~~ ~ i~ ~~ / ' ~ i~ ~~ / Jai ~~ ~ j • ~ ~~~ ~ ~i i ~- / ~i~ / i / i~~ ~ ~i / ~~'. / ~ ZONINGS PUD-I ~ LAND USE: INDUSTIAL / /~~i / / i~ ~~ / i~ ~ .~ / 1 3 -' ~ r~ I i I I I I I I I i I I I I I i I I I I ~ O l\ ~_~ T. i^ ~ l`~~i ~~ ~ ~ ~ i~ /~ c ~ `~~ ~ r ~ I I I C i" ~~V ~ \ / i V ' ~~' ~ , ~, ~~( ~ ~ / ~i y~ i ~ ~ ~=-~ ~ ~ ~~~ ~ ~ \ ~~~ t I I j 1 ~ ~ ~~~ ~~'~/ ~ / ~ ~ / ~ ~ i' / i~ ,/ I ~ ~ ~ i~ i~ I ~ ~ ~ ~~~ ~~/ ~' ~ i i // ~ _~ / ~~ I i~ %% i ~ i% ~ I //~~~ / ~ / I / ~i~ , ~/ / i~~ '~ / /~ i / ~~ // /' / ~Z3 1' ~_~~ ~ _ 1 ~'. \ e i~ .~~ I ; '' .. .:~- ._ ~ y ,. 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