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11182009
CRY OF HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, NOVEMBER 18, 2009 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK 1225 MAIN STREET, SEBASTIAN, FLORIDA OR ON THE CITY WEBSITE Procedures for Public Input are Attached to the Back of the Agenda 1. CALL TO ORDER 2. INVOCATION Father John Morrissey, St. Sebastian Catholic Church 3. PLEDGE OF ALLEGIANCE 4. ROLL CALL 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 09.118 A. Presentation of Plaque to Former City Council Member Dale Simchick 09.151 B. Proclamation Arbor Day November 18, 2009 1 Brief Announcements 7. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he /she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. 3 -4 A. Approval of Minutes 10/28/09 Regular Meeting Minutes 7 -9 B. Approval of Minutes 11/9/09 Special Meeting Minutes 09.059 C. Approve Change Order #12 to S. E. Cline in the Amount of $24,965.00 for 11 -17 Additional Pipe Work for the Collier Canal Project (Administrative Services Transmittal, Change Order, E -Mail, Design, Summary of Change Orders) 09.125 D. Approve Change Order #2 to H D Construction, Inc. in the Amount of $32,960 19 -24 for Access Road East and Taxi Lane E (Airport Transmittal, Change Order, E -Mail) 8. COMMITTEE REPORTS APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 09.004 A. Citizens Budget Review Advisory Committee 25-28 (City Clerk Transmittal, Code, List) Report on Appointment Procedures Scheduled for 12/9/09 09.053 B. Temporary Waterfront Committee 29 -36 (City Clerk Transmittal, R- 09 -42, Application, Ad) Interview, Unless Waived, Fill One At -Large Member Position 9. PUBLIC HEARINGS None 10. UNFINISHED BUSINESS 11. PUBLIC INPUT (Procedures on Back of Agenda) 12. NEW BUSINESS 09.152 A. First Reading Ordinance No. 0 -09 -06 Petition for Voluntary Annexation by 37 -70 Bridgeton Real Fund 1, LP for a 5.9 Acre Parcel Set Public Hearing for December 16, 2009 (GMD Transmittal, 0- 09 -06, Letter, Staff Report, Map, P Z Minutes, F.S.171.044) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 5.90 ACRES, MORE OR LESS, LYING SOUTH OF VICKERS ROAD (A.K.A. 99 STREET) AND WEST OF THE F.E.C. RAILROAD; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLIT; PROVIDING FOR EFFECTIVE DATE. 09.152 B. First Reading Ordinance No. 0- 09 -07- Land Use Amendment for Bridgeton 71 -78 Real Fund 1, LP 5.9 Acre Parcel Set Public Hearing for December 16, 2009 (GMD Transmittal 0- 09 -07, Application) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO DESIGNATE AN INITIAL LAND USE CLASSIFICATION OF INDUTRIAL (IND) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION OF MEDIUM DENSITY RESIDENTIAL -2 (M -2) AND COMMECIAL/INDUSTRIAL (C /I) FOR LAND CONSISTING OF 5.90 ACRES, MORE OR LESS, SITUATED SOUTH OF VICKERS ROAD (A.K.A. 99 STREET) AND WEST OF THE F.E.C. RAILROAD; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. 2 09.152 C. First Reading Ordinance No. 0 -09 -08 Zoning Amendment for Bridgeton Real 79 86 Fund 1, LP 5.9 Acre Parcel Set Quasi Judicial Public Hearing for December 16, 2009 (GMD Transmittal, 0- 09 -08, Application) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF INDUSTRIAL (IN) FOR ANNEXED LANDS WITH A PRIOR COUNTY ZONING DESIGNATION OF RESIDENTIAL MOBILE HOME. 8 UNITS PER ACRE (RMH -8) AND HEAVY COMMERCIAL (CH) FOR LAND CONSIDITING OF 5.90 ACRES, MORE OR LESS, SITUATED SOUTH OF VIKERS ROAD (A.K.A. 99 STREET) AND WEST OF THE F.E.C. RAILROAD; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCE IN CONFLICT HEREWITH; PROVIIDNG FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. 09.153 D. Award Nuisance Abatement/Lot Mowing Contracts to Staff Recommended 87 98 Vendors as Listed on an As- Needed Basis (City Manager Transmittal, Sample Contract) 09.007 E. Review of Resolution No. R- 09 -05 Council Meeting Procedures (City Clerk 99 106 Transmittal, R- 09 -05) 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS A. Mayor Gillmor 09.154 i. Appointments to County and Regional Boards and Committees (City 107 116 Clerk Transmittal, List) 09.022 ii. Assignments to Monitor County Commission Meetings (City Clerk 117 Transmittal) B. Vice Mayor Hill C. Council Member Coy D. Council Member Wolff E. Council Member Wright 17. ADJOURN (All meetings shall adjourn at 10:00 p.m. 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. All City Council Meetings are Aired Live on Comcast Channel 25. 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 EVIDENSE UPON WHICH THE APPEAL IS TO BE HEARS. (F.S.286.0105) 3 IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589 -5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Upcoming meetings: December 9, 2009 Regular Meeting 6:30 pm December 16, 2009 Regular Meeting 6:30 pm 4 PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION R -09 -05 Regular City Council Meetings Public input is ALLOWED under the headings: Consent Agenda Public Hearings Unfinished Business New Business Public Input Public input is NOT ALLOWED under the headings: Proclamations, Awards, Brief Announcements (except for individuals giving or accepting proclamations or awards); Committee Reports and Appointments (except for committee members giving reports and applicants being interviewed for committee appointments); City Council Matters Charter Officer Matters Council may, by majority vote, call upon an individual to provide input if desired. Workshops and Special Meetings. Public input is limited to the item on the agenda Time Limit Input on agenda items where public input is permitted on agendas is FIVE MINUTES, however, City Council may extend or terminate an individual's time by majority vote of Council members present. Input Directed to Chair Speakers shall address the City Council IMMEDIATELY PRIOR TO CITY COUNCIL DELIBERATION of the agenda item and ALL INPUT SHALL BE DIRECTED TO THE CHAIR, unless answering a question of a member of City Council or City staff. Individuals shall not address City Council after commencement of City Council deliberation on an agenda item after public input has concluded, provided, however, the Mayor and members of City Council may recall an individual to provide additional information or to answer questions. Certain Remarks Prohibited Personal, impertinent, and slanderous remarks, political campaigning and applauding are not permitted and may result in expulsion from the meeting. The Chair shall make determinations on such remarks, subject to the repeal provisions below. Chair to Control Meeting In controlling the meeting during public input, the Chair will take the following actions: First Offense verbal warning to move on. Second Offense offender is directed to be seated. Third Offense (refusal to be seated or other disruptive acts offender will be asked to leave the premises) Appealing Decisions of Chair Any member of Council may appeal the decision of the Chair to the entire Council. A majority vote of City Council shall overrule any decision of the Chair. Public Input Heading on Agenda The heading on Regular Meeting agendas "Public Input" provides an opportunity for individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED AGENDA. Individuals are asked to attempt to resolve matters with staff prior to meetings. Individuals are asked to provide copies of material for Council one week prior to the meeting if they intend to refer to specific material. City Council will not debate an issue during Public Input but may by consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. 5 HOME OF PELICAN ISLAND WHEREAS, IN 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS, this Holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska; and WHEREAS, Arbor Day is now observed throughout the nation and the world; and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate temperature, clean the air, produce oxygen and provide habitat for wildlife; and WHEREAS, trees are a renewable resource, giving us paper, wood for our homes, fuel for fires and countless other wood products; and WHEREAS, trees in our City increase property values, enhance the economic vitality of business areas and beautify our community, and wherever planted, are a source of joy and spiritual renewal. NOW THEREFORE, I, Richard Gillmor, by virtue of the authority vested in me as Mayor of the City of Sebastian in observance of ARBOR DAY do hereby proclaim November 18, 2009 as a day to urge all citizens to support efforts to protect our trees and woodlands and support our City's urban forestry program; and further urge all citizens to plant trees to gladden the hearts and promote the well -being of present and future generations. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Sebastian, Florida, to be affixed this 18th day of November 2009. Attest:` Sally A. Maio, MMC City Clerk I City Council Present: Mayor Richard H. Gillmor Vice -Mayor Jim Hill Council Member Andrea Coy Council Member pale Simchick Council Member Eugene Wolff 5. AGENDA MODIFICATIONS None. Cf1YOF HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, OCTOBER 28, 2009 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Gillmor called the Regular Meeting to order at 6:30 p.m. 2. Rev. David Foster, Tabernacle Ministries, gave the invocation. 3. The Pledge of Allegiance was recited. 4. ROLL CALL Staff Present: City Manager, Al Minner City Attorney, Robert Ginsburg City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Growth Management Director, Rebecca Grohall Police Chief, Michelle Morris MIS Senior Systems Analyst, Barbara Brooke -Reese 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS None. 7. CONSENT AGENDA 1 -10 A. Approval of Minutes 10/14/09 Regular Meeting Minutes Regular City Council Meeting October 28, 2009 Page Two 09.053 B. Resolution No. R -09 -42 Amending R -09 -17 Working Waterfronts Committee 11 15 Composition (GMD Transmittal, R- 09 -42) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, RELATING TO THE TEMPORARY WATERFRONT COMMITTEE; AMENDING AND RESTATING RESOLUTIONS NO. R -09 -17 AND R- 09 -23; MODIFYING THE COMMITTEE COMPOSITION; PROVIDING FOR CONFLICT; PROVIDING FOR A TERM AND AN EFFECTIVE DATE. MOTION by Mr. Hill and SECOND by Ms. Coy to approve the consent agenda. Result of the roll call vote: AYES: All NAYS: None Passed 5 -0 8. COMMITTEE REPORTS APPOINTMENTS None PUBLIC HEARINGS None 10. UNFINISHED BUSINESS None 11. PUBLIC INPUT None 12. NEW BUSINESS None 13. CITY ATTORNEY MATTERS None 14. CITY MANAGER MATTERS None 15. CITY CLERK MATTERS None 16. CITY COUNCIL MATTERS A. Council Member Coy Ms. Coy announced that Tuesday, November 3rd is election day and urged people to vote, noting that some polling places have changed and people can contact Kay Clem to determine their polling place. 2 Regular City Council Meeting October 28, 2009 Page Three She also announced that November 6, 7 and 8 is the Clambake Festival, and urged people call one of the participating non profits and come down and volunteer. B. Council Member Simchick Ms. Simchick said this was a bittersweet moment for her being her last meeting, noting due to its importance to her she had never missed a meeting. She commended the three charter officers, said she had learned a lot from them and cited the professional staff in City Hall. She thanked the Police Department and officers for coming to the meetings. She said in the two and a half years on Council she had seen what makes a small community a wonderful place to live and named many of the organizations that make up the community. She listed some of the highlights of her term such as bringing the state college here, economic development plan with the tax abatement referendum on the ballot, improving the riverfront district with the Main Street and Working Waterfronts projects and saving the Hardee Tree, and the Collier Creek canal dredging and seawall. Ms. Simchick said she would like to see future Council allocate land or trade with Indian River County for old fire station 9 property, discussed the addition of the Boys and Girls Club basketball court, but suggested allocating land and placing a sign "future site of which will bode well for the new station site; and she encouraged work on affordable housing. She said it has been a wonderful experience and an honor to serve, saying it had been a pleasure sitting side by side with Mr. Wolff and thanked the other members of Council. C. Council Member Wolff Mr. Wolff noted this could be his last meeting too. He said at the last meeting, Council discussed if there would be a conflict with the Fisherman's Landing foundation members serving on the Working Waterfronts committee and inquired about the City Attorney's findings. The City Attorney said there is no conflict being a member of the foundation and serving on the committee, though if you were an officer or director of the foundation, you might have a fiduciary responsibility and that could create a conflict. He said the other thought is, if it occurs that there is always a conflict and if a member is frequently removed from the vote, the member should resign from the committee. Mr. Wolff then announced that long term Post Office employee Don Wilson is retiring after tomorrow and wished him well. 3 Regular City Council Meeting October 28, 2009 Page Four Richard H. Gillmor, Mayor ATTEST: D. Mayor Gillmor Mayor Gillmor said he would like to briefly have a dialog about what we could task the City Manager to come up with for economic development so that Sebastian can take the lead in the area. He noted he was watching a Titusville Council meeting at which the Mayor said they need to spruce up the city as they are in competition with cities up and down the coast and wondered if Sebastian's billboard on 1 -95 may have precipitated that comment. He suggested an Economic Development workshop in the near future to revisit what can be done to get the City up and running, and announced the Sebastian Jam in Riverview Park this Friday. There was no objection from Council on the idea of a workshop. E. Vice Mayor Hill Mr. Hill said if you drive out CR512to 1 -95 the county has put up a beautiful expanded corridor and noted that the City should begin to explore annexing some of the commercial property along the corridor east of Vero Lake Estates because it will come and the City could gain the tax benefit. He said he would like Council to task the City Manager with starting those discussions. Ms. Coy stated that after the election on Tuesday, if the tax abatement question passes, we can start working to put that together. She also said she agreed with Mr. Hill on sprucing up the sign on the east side of the airport and said we should also be looking at doing so along the Roseland Road corridor to bring in business. 17. Being no further business, Mayor Gillmor adjourned the Regular Meeting at 6:47 p.m. Approved at the November 18 2009 Regular City Council Meeting. Sally A. Maio, MMC City Clerk 4 SEBASTIAN CITY COUNCIL MINUTES SPECIAL MEETING MONDAY, NOVEMBER 9, 2009 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA SPECIAL MEETING IN ACCORDANCE WITH CITY CHARTER FOR CERTIFICATION OF RESULTS, INVESTIURE OF NEWLY ELECTED MEMBERS AND ELECTION OF MAYOR AND VICE MAYOR 1. Mayor Gillmor called the special meeting to order at 6:00 p.m. 2. Invocation was given by Father John Morrissey, St. Sebastian Catholic Church. 3. The Pledge of Allegiance was recited. 4. ROLL CALL City Council Present: Mayor Richard H. Gillmor Vice -Mayor Jim Hill Council Member Andrea Coy Council Member Dale Simchick Council Member Eugene Wolff Cm OF HOME OF PELICAN ISLAND Staff Present: City Manager, Al Minner City Attorney, Robert Ginsburg City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Airport Director, Joseph Griffin Police Captain, Robert Lockhart MIS Senior Systems Analyst, Barbara Brooke -Reese DRAFT 09.118 5. ELECTION MATTERS (City Clerk Transmittal, R- 09 -44, Certificate of City Canvassing Board) A. CURRENT CITY COUNCIL 1. Approve Resolution No. R -09 -44 Canvassing Results of City of Sebastian Canvassing Board A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE NOVEMBER 3, 2009 MUNICIPAL ELECTION; PROVIDING FOR DECLARATION OF CANVASSING RESULTS; DIRECTING THE CLERK TO ENTER THE RESULTS OF THE ELECTION IN THE OFFICIAL MINUTES OF THE MEETING OF THE CITY COUNCIL; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution R -09 -44 by title. Special City Council Meeting November 9, 2009 Page Two MOTION by Mr. Hill and SECOND by Ms. Coy to adopt Resolution No. R -09 -44 passed on a voice vote of 5 -0. Ms. Simchick left the dais at this time to a round of applause. B. NEW CITY COUNCIL 1. Investiture of Newly Elected Officials by City Clerk The City Clerk individually swore in newly elected City Council members Andrea Coy, Eugene Wolff, and Don Wright who then took their places at the dais. 2. Election of Mayor Mayor Gillmor to Call for Nominations DRpFT Mayor Gillmor called for nominations for Mayor and Mr. Wolff nominated Mr. Gillmor, which was seconded by Mr. Wright. Being no further nominations, Mayor Gillmor was re- elected for a one year term. 3. Election of Vice Mayor New Mayor to Call for Nominations Mayor Gillmor called for nominations for Vice -Mayor and Mr. Wright nominated Mr. Hill, which was seconded by Mr. Wolff. Being no further nominations, Vice Mayor Hill was re- elected for a one year term. 6. CLOSING REMARKS BY COUNCIL MEMBERS Mr. Wolff thanked those who came out to vote, thanked Dale Simchick and wished her much luck, and noted he was taken aback by the results, thanking all who supported him. Mr. Wright thanked the citizens of Sebastian who supported him, noting the overwhelming support for the economic development initiative. He said things look different from this side of the table, and he looked forward to the experience of working with City Council. Mayor Gillmor said he was humbled and honored to have been elected Mayor again and will work as hard as he ever worked and said he was excited about this Council and great things that can happen. He asked Council to accept Commission Chair Davis' challenge in the Chili Cook -off on November 14 and have each Council member make a gallon of chili and throw it in one pot. He said we can work together to put Sebastian on the map. There were no objections. Mr. Hill congratulated all candidates and said he was excited to work with them, said there is a lot of work to do, said citizens voted for three fine candidates, thanked everyone for the endorsement as Vice Mayor and said he had a wonderful year working with Ms. Simchick. Ms. Coy thanked City residents and said she was energized, and ready to go to work. She gave a special thank you to Clambake Foundation and all the volunteers, noting the event was spectacular. 2 Special City Council Meeting November 9, 2009 Page Three 7. Being no further business, Mayor Gillmor adjourned the Special Meeting at 6:15 p.m. Approved at the November 18 2009 Regular City Council Meeting. Richard H. Gillmor, Mayor ATTEST: Sally A. Maio, MMC City Clerk R f 1 3 /D tier SE8?'►N AGENDA TRANSMITTAL Subject: Funding Authorization for Additional Work Related to Collier Canal Project: Ap 7/for Submittal by: n er, City Manager Agenda No. 09 05 q Department Orjin: Administrative Services Finance Director: City Clerk: City Attorney: de_ Date Submitted: November 10, 2009 For Agenda of: November 18, 2009 Exhibits: S.E. Cline Change Order #12 S.E. Cline email dated September 12, 2009 at 5:28pm S.E. Cline email dated October 1, 2009 at 11:08pm Design of requested change for 48" extension. Summary of S.E. Cline Construction Changes Orders to date. EXPENDITURE REQUIRED: $24,965 AMOUNT BUDGETED: $5,495,326 APPROPRIATION REQUIRED: $0.00 SUMMARY S.E. Cline Construction, Inc. original proposal for the Collier Canal Retrofit Project was based on the original design furnished by CDM Engineering, which indicated that a 24" stormwater pipe located at Layport Drive would have to be extended through the seawall. When the actual installation was scheduled to begin, it was discovered that (1) there was a 48" reinforced concrete pipe (RCP), not a 24" as proposed; and (2) it was submerged. During a recent bi- weekly status meeting, City staff and S.E. Cline Construction determined the best solution would be to sleeve the existing 48" RCP, with a 60" HDPE (high density polyethylene), run it through the wall and cast it with a concrete bulkhead collar. Additionally, this change will result in a more efficient, cost effective solution. RECOMMENDED ACTION Move to approve Change Order #12 to the S.E. Cline Construction Contract, in the amount of $24,965.00 to properly extend the 48" RCP with the 60" HDPE submerged stormwater pipe. CHANGE ORDER #12 PURCHASE ORDER 5863 CONTRACTOR: S.E. Cline Construction Co. ADDRESS: 18 Utility Drive Palm Coast, Florida 32137 By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein. Upon proper execution of this document, the Contractor is hereby notified to commence work. All changes stated below are hereby incorporated and made a part of the Contract identified above, and all the terms and conditions of said Contract are enjoined and in full force while executing the change(s) stipulated as follows: HOME OF PELICAN ISLAND CITY OF SEBASTIAN CHANGE ORDER 1. Install 60" submerged stormwater pipe thru the Collier Creek Canal Bulkhead, cast a concrete pipe collar and submerged bulkhead sediment walls around discharge pipe. A) Contract Price Prior to this Change Order 3,369,543.42 Net Increase (Decrease) Resulting from this Change Order 24,965.00 New Contract Price Including this Change Order 3,394,508.42 B) Contract Time Prior to the Change Order (Number of Days) days Net Increase (Decrease) Resulting from the Change Order (Number of Days) days New Completion Date Including this Change Order AGREED: COMPANY Authorized Signature Approvals by City of Sebastian in accordance with Code Sec. 2 -10 (check one): City Manager Authorization cumulative amount Tess than 15% of contract price or $15,000 single change order X City Council Authorization cumulative amount exceeds 15% of contract price or $15,000 single change order (Meeting date 3/25/09) CITY OF SEBASTIAN: City Manager Date: Date: /®if�.I! 74109 PROJECT NAME: Collier Canal Stormwater Retrofit Project Design -Build Services PROJECT C4606 PHONE 386- 931 -0016 CONTRACT NAME: Collier Canal Stormwater CONTACT DATE: September 26, 2008 ATTEST: Project Manager Finance Director as to budget Sally A. Maio, MMC, City Clerk City Attorney as to legal marine2 Stationery Page 1 of 1 Debbie Krueger From: Hap Cameron [hap @clineconstruction.net] Sent: Saturday, September 12, •2009 5:28 PM To: Debbie Krueger Cc: Ginny Sieferd; 'Carl A. Hazenberg'; 'Marine Operations S.E. Cline Construction, Inc.' Subject: FW: Collier "48" RCP Extension Attachments: 48 RCP PIPE EXTENSION.pdf Debra, Attached is our proposed fix at the surprise 48" Storm Drain Pipe between 708 and 714 Layport Drive. This was the only way we could see to maintain the grades in the canal and keep the storm pipe from silting back in. Please share this with Tim, Jerry, Philip, Bucky, Wayne and anyone else that can help resolve this problem. If anyone has a better idea or different approach, please advise ASAP as this structure is tube blocking or operations. Thanks and Best Regards, C. M. "Hap" Cameron Jr. From: Marine2 @clineconstruction.net [mailto:Marine2 @clineconstruction.net] Sent: Saturday, September 12, 2009 5:14 PM To: Hap Subject: Collier "48" RCP Extension 1 0/2R/2009 S.E. Cline Construction, Inc. Marine Engineers and Constructors Certs'tkate orAathorEanllon n 27689 P. 0. Box 354425 e Palm Coast, FL 32135 Phone: 386 446 -6426 Fax: 888 -465 -3598 ♦CGC 057450 Debbie Krueger From: Hap Cameron [hap @clineconstruction.net] Sent: Thursday, October 01, 2009 11:08 PM To: Debbie Krueger; Alfred Minner Cc: 'Marine Operations S.E. Cline Construction, Inc.' Subject: FW: Additional Work Items Debra, As discussed today, we will have to move on with the 60" storm drain modifications before we can get the City Council's approval of the change order. This work is necessary to structually tie this large submerged storm drain pipe into the Canal Bulkhead. iled breakdown you've requested is as follows: Drawings Engineering Dewatering Bypass Well point pumps Install Remove Temp. Sheetpile Remove Replace Bulkhead Wall Install Pipe Concrete Collar Dredge Shape Grade Disposal Install Sheetpile Sediment Walls F /R/P /S /P Concrete Collar Wall 1,450 1,975 Rent 1,620 Materials N/C Materials N/C Materials 1,875 N/C 820 Materials 2,500 Fuel 2,050 Labor Equipment 1,025 Labor Equipment 1,025 Labor Equipment 2,050 Labor Equipment 2,050 Labor Equipment 375 Pump 6,150 Labor Equipment TOTAL 24,965 We will rely on the City Coucil's rule of reason and sense of fairness in dealing with this change order. Should you have any further questions on this issue, feel free to call at anytime. Best Regards, C. M. "Hap" Cameron Jr. V.P. Director Marine Ops. Debra, As discussed here are the costs for the below listed additional work items: 1. Extension of 24" or 30" Storm pipe from the canal bulkhead to the swale along the street, City to supply pipe and backfill material Clearing strippings to be disposed of, includes grading Pipe Installation, compaction and sodding. 8 Each 5,575 44,600 2. Install Floratam Sod in lieu of Bahia Sod in the City ROW on list of houses prepared by Ginny and Jack. 1 L.S. 11,425 11,425 1 nIQi ')nno Page 1 of 2 kji\ gg eti 4 P*I ill 4 1 5 :i 1 .0-fs:1 NOLLNIILLSNO3 LOA aanssi 60/1.1 /60 :apa 1.7310161.1130111311 IfilLVAIMIOJS1VNY3 NOISM3.1.X3 dYsID n84 A 0 13 0 1- 0 O an. 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In 3 0 N (A U) L O O L L 7 0 N Z^ JP- is (a E E 0 (V .5 U a) a)I).0 _1_I�� a) '0 0 0 0 E E E C C C C 0 0 E .n O S O O r0 d d 2- 0 N N rn C c c c o 0 0� 0 0 0� 3 rn 3 `0 0 '1'�';0 eema) o.�o (6 0 E>>> 0 0 0 0- "0'n a 0 a a) 0 C 0 0 0 0 0 0 E EE 0) (0 CI 0-0 QUUUU C E M O t o O O C (O C O C C C C C 0 V I` ti M CO N 0 MM MD (O V 01 v D7 NOOCOO O o0 00 CO r: I` CO (O 6 ui ui ui o 0 oD ao 0 00 0o 00 ao ao 0o ao ao ao O N W (l) tO In to tO lO (n lO (O to (n O '4) O V O 6) C) 'd' O) V (0 (0 O CO (0 O) (O M (n M (O'0 4O00 v O M 4 C) I` 00 O (O N I 00 N N V O I` O O) (O 6 M M 4 O O) O) 0 I (O M M N O) I- I- I.- CO (O (0 (0 (0 CO CO CO (O a& CO 'S o o o 0 0 0 0 0 0 O O N(0 i- O 0 00000000 O 10 (O 6 CO (0 6) CO 6) (A 6 (f) (n O 6) (0 N N N I— N h 0 0 M N (0 v 4 e- N O) 4 a0 a0 (O V' O) co v a0 M (0 M CO (0 N O M N tk 4k 4k 4t 4k 4t 4t lt 4t 4k 4t 4k 0000 a) 0 00 a) 00 a) a) a) 0 0 0 000 0 00000 0 0 0 a) 0 0 0 0 0 0 0 0 0 0 a) O) 0) 0) 0) 0) 0) 0) 0) 0) O) O) O) C C C C C C C C G C C C C C (0 (O (0 c L L L (O O) 0) c CO c CO (0 N (0 L L L L L L L L L L L 0 0 0 0 0 0 0 0 0 0 0 0 0 0 AGENDA TRANSMITTAL Subject: H D Construction, Inc. Change Order #2 for `Access Road East' and Taxilane E. for Submittal by: er, City Manager Agenda No. 0q ,1 25 Department Origin Muni ipal Airport J. Griffin Finance Direc o K Killgore/ City Clerk: Sally Maio City Attorney: Robert Ginsburg Date Submitted: November 12, 2009 For Agenda of: November 18, 2009 Exhibits: A. Change Order #2; B. FDOT e-mail November 6, 2009 EXPENDITURE REQUIRED: $32,960 AMOUNT BUDGETED: Access Road East $675,653 APPROPRIATION REQUIRED: -0- SUMMARY In August 2009, Council approved funding for construction services of the Airport "Access Road East" project. H &D Construction was awarded that contract by Council in the amount of $468,456.60. Since that time, Change Order #1 was approved by city staff. That Change Order, in the amount of $14,040.75, addressed changes in the St. Johns River WMD permit. Total Contract amount is presently $482,497.35. Recently, discussions between FDOT and airport staff have identified a sub project that could be included in the H &D construction (Exhibit A). Taxilane E borders the H &D project to the southwest. It was /is scheduled for rehabilitation/resurface in a future project. In order to take advantage of economies while H &D is on the site, airport staff recommended to FDOT to utilize H &D to complete the Taxilane E rehabilitation during the "Access Road East" construction. FDOT agreed with that proposal (Exhibit B). If approved by Council, H &D would do the asphalt work only. To minimize funding exposure, airport assets will perform the demolition work and storage of spoils. Completion of the Taxilane E rehabilitation will add to the presentation and aesthetics of "Access Road East" along with eliminating future expenditures for infrastructure rehab improvements of Taxilane E. RECOMMENDED ACTION Approve appropriation of $32,960 for H &D Construction Change Order #2. I HOME OF FEUCMI ISLAND CITY OF SEBASTIAN CHANGE ORDER CHANGE ORDER 2 PROJECT NAME: Airport Drive East Extension PURCHASE ORDER 6120 PROJECT C -3502 FDOT FN 407706- 1 -94 -01 CONTRACTOR: H &D Construction Co. Inc. PHONE 772 429 -1620 ADDRESS: 1404 S. 28th Street CONTRACT NAME: Sebastian Municipal Airport Fort Pierce, Fl 34947 Airport Drive East Extension CONTRACT DATE: August 13, 2009 By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein. Upon proper execution of this document, the Contractor is hereby notified to commence work. All changes stated below are hereby incorporated and made a part of the Contract identified above, and all the terms and conditions of said Contract are enjoined and in full force while executing the change(s) stipulated as follows: I See attached spreadsheet. H &D Construction Co. Inc. Change Order 2 A) Contract Price Prior to this Change Order Net Increase (Decrease) Resulting from this Change Order New Contract Price Including this Change Order B) Contract Time Prior to the Change Order (Number of Days) Net Increase (Decrease) Resulting from the Change Order (Number of Days) TOTAL (Number of Days) New Completion Date Including this Change Order AGREED: H &D Construction Co. Inc. Authorized Signature Date: $482,497.35 32,960.00 $515,457.35 134 days 0 days 134 days Jan. 14, 2010 Approvals By City of Sebastian in accordance with Code Sec. 2 -10 (check one): X City Manager Authorization cumulative amount less than 15% of contract price or $15,000 single change order City Council Authorization cumulative amount exceeds 15% of contract price or $15,000 single change order (meeting date CITY OF SEBASTIAN: City Manager Project Manager Date: City Attorney as to legal ATTEST: Finance Director as to budget Sally A. Maio, MMC, City Clerk 8 N 0 N Z r 0 0 0 0 fV 0 F SIN3V111 NOLL911211SNO0 CSNIHWN00 E 6 0 6 w o z Z 0 uj 1 C 0 OC a. 1 1 m 1 cl 0 J 1L. .nont-zroV*Prn•r4 CO Page 1 of 1 We have reviewed the above referenced Change Order for the subject project as it relates to the specifications of the added items. We concur with the increases as indicated and the change order is approved. Approval of this change order is not a commitment for funding above the amount allotted in the Joint Participation Agreement or an extension of the expiration date. Nicole Notz FDOT Aviation (954) 777-4497 From: Joseph Griffin mailto :JGriffin @CityOfSebastian.org] Sent: Monday, November 02, 2009 12:30 PM To: Notz, Nicole Subject: CO Nic— attached is CO2 for access road project. All demo will be done with AP assets. JG «C.O. 2.pdf» Joe Griffin Airport Director City of Sebastian 202 Airport Drive East Sebastian, FL 32958 772 228 -7013 office 772 228 -7078 fax 772 -633 -0151 cell www.sebastianairport.org Joseph Griffin From: Notz, Nicole [Nicole.Notz @dot.state.fl.us] Sent: Friday, November 06, 2009 2:16 PM To: Joseph Griffin Subject: Access Road Project- apporval 11/6/2009 rcs L a ST HOME OF PELICAN ISLAND City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: Citizens Budget Review Advisory Board Approved for S b I by: City Manag l i Agenda No. Department Origin: For Agenda of: City Attorney: 0 004 City Clerk's Office 11/18/09 Exhibits: Code, List Expenditure Required: Amount Budgeted: Appropriation Required: In accordance with Section regular meeting after each Board composed of seven Each City Council member Council appoints two at -large Council Members Gilimor any reason this appointee Council Members Coy and to serve the length of their Council Member Wright should We would appreciate it if selection and have the person A press release for applications advertised. We will bring December 9, 2009. The City Attorney has opined this ad -hoc committee. No motion required at this If an appointee's application board application by December SUMMARY STATEMENT City Council, at the first Budget Review Advisory years and then the entire until November 2010. If for be appointed. member or select another length of his term until 2011. as you make your for our records. positions has been back to you on board may serve on 2 -221 2 -223 of the Code, the election, shall appoint a Citizens' members. selects one appointee for two members for one year. and Hill's appointees will serve cannot serve, a new member should Wolff will need to re- appoint their two -year terms to 2011. select a citizen to serve the you would advise this office as soon visit us to fill out a board application for the two at -large member the formal appointment of all members that a member of another permanent RECOMMENDED ACTION time. has not been turned in, please have your appointee turn a 2 in time for the December 9, 2009 agenda deadline. r Sec. 2 -221. Established. There is hereby established a citizens' budget review advisory board. The board shall be composed of seven residents of the city (Ord. No. 0- 98 -14, 1, 10- 14-98) Sec. 2 -222. Responsibilities. The board shall assist in the city's budget review process and shall make recommendations to the city council prior to the first budget hearing for each fiscal year. In order to effectively advise the city council, the board shall become familiar with the city's budget process and shall review the city's proposed budget and all reports submitted by city staff concerning the proposed budget. (Ord. No. 0- 98-14, 2, 10- 14-98) Sec. 2 -223. Terms of members. The city manager or his designee shall be an ex officio member of the board and shall provide the board with all financial documents and materials which reasonably relate to the budget advisory responsibilities of the board. Each city council member shall appoint one member of the initial board, and each initial member's term shall end ace same time as the term of the council member making the appointment. 'rre city council snail appoint two additional members, who will serve until the next election. Thereafter, each newly elected or re- elected city council member shall, at the first regular meeting after taking office, appoint one board member, who shall serve for a two -year term. The city council, at the first regular meeting after each election, shall appoint two additional board members, who shall serve for one -year terms. (Ord. No. 0- 98 -14, 3, 10- 14-98) *Editor's note —Ord. No. 0- 98 -14, 1 -3, adopted Oct. 14, 1998, did not specify manner of codification; hence, suc 1 provisions have been designated by the editor as div. 4, 2 -221- 2 -223. Cross reference Finance and budget, 2 -86 et seq. Supp. No. 41 DIVISION 4. BUDGET REVIEW ADVISORY BOARD* MEMBER NAME AND ADDRESS APPOINTED BY TERM Adrina Davis 668 Benedictine Terrace Sebastian, FL 32958 589 -2408 J62430aaol.com Council Member Coy 4/2005 term to expire at p the end of Coy's term in 2011 Ed Herlihy 474 Sea Grass Avenue Sebastian, FL 32958 edheriihy(a bellsouth.net Mayor Gillmor 12/2008— term to expire at the end of Gilimor's term in 2010 388 -0665 Jerry Klenck 1205 Larkspur Street Sebastian, FL 32958 ijklenck(a�bellsouth. net Councilmember Hill 12/2008 term to expire at the end of Hill's term in 2010 388 -2555 Council Member Wright 12/2011 term to expire at the end of Wright's term in 2011 Brad White 449 Easy Street Sebastian, FL 32958 bradt�2whites.com Council Member WOE 4/2007 term to expire at the end of Wolffs term in 2011 589 -9300 At -large Member At -large Member CITIZENS BUDGET REVIEW ADVISORY BOARD The Citizens Budget Advisory Review Board is comprised of 7 members, 5 of who are individual Council appointees, and 2 of who are appointed by Council at- large. The 5 members appointed by Council serve the same term two-year term as the Council member who appointed them and the 2 at- large members serve one year until the next election. anOF SLBASnANV HOME OF PELICAN ISLAND Subject Working Waterfront Committee Appointment Ap rov d for Submittal by: 1 i a ager Agenda No: 0 Q. 053 Department Origin: City Clerk's Office City Attorney: For Agenda of: 11/18/09 Exhibits: R- 09 -42, Application, Ad SUMMARY STATEMENT At the October 28 regular City Council meeting, the composition of the Temporary Working Waterftont Committee was changed at Council's request. A press release was issued and Ms. Salmon submitted her application. RECOMMENDED ACTION At Council's discretion, submit nomination for the resident at- large. qc0 RESOLUTION NO. R- 09-42 A RESOLUTION OF THE CITY OF SEBASTIAN FLORIDA, RELATING TO THE TEMPORARY WATERFRONT COMMITTEE; AMENDING AND RESTATING RESOLUTIONS NO. 09 -17 AND 09 -23; MODIFYING THE COMMITTEE COMPOSITION; PROVIDING FOR CONFLICT; PROVIDING FOR A TERM AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Florida has adopted Resolution No. 09 -17 creating the Temporary Waterfront Committee and specifying its duties and responsibilities; and WHEREAS, the City Council of the City of Sebastian, Florida has adopted Resolution No. 09 -23 clarifying the committee's jurisdiction; and WHEREAS, the City Council wishes to modify the Temporary Waterfront Committee's membership; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. Resolution No. 09 -17 is hereby amended to read as follows: Section 1. Temporary Waterfront Committee Established. The City Council of the City of Sebastian hereby establishes a Temporary Waterfront Committee. The purpose of the Committee shall be to study issues, hear and provide recommendations to City Council on specific priority areas: Environmental and cultural resource protection Enhancing the waterfront economy Public access to working waterfronts and coastal resources The Committee is advised that the City applied for the Stan Mayfield Working Waterfronts Program under the following criteria: A parcel or parcels of land used for exhibitions, demonstrations, educational venues, civic events, and other purposes that promote and educate the public about economic, cultural, and historic heritage of Florida's traditional working waterfronts, including the marketing of the seafood and aquaculture industries. The Committee shall include recommendations to the City Council with respect to the foregoing criteria. C3T) The foregoing Resolution wap moved for adoption by The motion was seconded by and, upon being put to a vote, the vote was as follows: ATTEST: Sally Maio, MMC City lerk Mayor Richard H. Gillmor Vice -Mayor Jim Hill Council Member Andrea Coy Council Member Dale Simchick Council Member Eugene Wolff CITY OF SEBASTIAN, FLORIDA ayor Richard H. Gillmor The Ma or thereupon declared this Resolution duly passed and adopted this (c4' day of 2009. Approved as to form and legality for reliance by the City of Sebastian only: ar Robert A. Ginsburg, Cit rney Words stricken through shall be deleted; words that are underlined constitute the proposed amendment; remaining provisions continue in effect. NAME &ar b a,rct- `c-lm HOME ADDRESS: 8310 m I h-erri 6+ Se baah an, F 3,a5g HOME PHONE: \5 I -qa8-6 HOME FAX: E -MAIL: c50,1 mart Jo Q beibouT ri BUSINESS: BUSINESS ADDRESS: BUSINESS PHONE: BUSINESS FAX: E -MAIL: ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? ye5 HOW LONG? yr5• DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? N1 0 DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDS /COMMITTEES? Y N a l-ura( Resou rc 5 $oarc( PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: CHARTER REVIEW COMMITTEE (serves only 6 months every 5 years meets next in 2011) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary meets during summer) CONSTRUCTION BOARD (permanent board meets once a month)* HANDICAPPED SELF EVALUATION COMMITTEE (permanent boars— meets quarterly) PLANNING AND ZONING COMMISSION (permanent board meets twice a month)* POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board- meets quarterly)* PARKS RECREATION ADVISORY COMMITTEE (permanent board meets once a month) ,�,za NATURAL RESOURCES BOARD (permanent board meptts once a montt�h) nn-_ cn V OTHER TEMPORARY COMMITTEE (if applicable) f K (PlCC 10 a +e.r Pio n4 c_ (WRITE IN COMMITTEE NAME) —I Filing required following appointment C9i Filin of financial disclosure is C.T1 ary HOME OF PELICAN ISLAND APPLICATION TO SERVE ON CITY BOARD /COMMITTEE (Ail City Board and Committee Members Must be Residents of the City of Sebastian) APPLICABLE EDUCATION AND /OR EXPERIENCE: (a brief resume is required) CUVrekk t)-ernbe( 04- he, a+Ur fe-e Board ?rochcal. tuock,►ny knowiadge ol- -1 watk■nb toa-teAfiorJ- Posi a yr hr„ve been a crew member on a cha,r HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'R APP YING FOR? 1 greu) op m bow fl...., Illy 4arn;)y was InvoWeu ►n C ocrso Dard km, Wh1on 4.,e, me an ea,1,liveoW coi -co in Pt5hw1,, boa, -1- vi bPirtic1 a c,ee ►Yleru►ber on chargers has InV1raolurec! me 4o roan LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: h +0 W auk. heAd to rna k.L -the Wutkar ∎ca U iv To preset; +KC I ael- o-t- eum 6 hexman. HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? NO HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? No WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? N I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which 1 have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification. I have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2 -166 through 2 -173 (attached). Information relative to a specific boa r• .m is available if si -st- pplicant Signature Subscribed and swom to before me this 15 day of 00 b cr 02.001, by Barbara m 0 n who is personally known to me, or has produced as identification. LA) JI1L66,4,4 ry Public, State of Florida Please retum to Office of the City Clerk, 1225 Main Street, Sebastian, FL 32958 (772) 589 -5330 1wp- form\applicat.wpd rev. 7/2007 NOTARY PUBl1L surf of J DD 630052 Expires February 28, 2011 Thu troy Fain Insurance 800385-7 9 RELEASE DATE: OCTOBER 30, 2009 FOR MORE INFO: REBECCA GROHALL 388 -8228 PRESS RELEASE TEMPORARY WATERFRONT COMMITTEE THE CITY OF SEBASTIAN IS SEEKING APPLICANTS TO FILL ONE RESIDENT AT-LARGE POSITION ON THE TEMPORARY WATERFRONT COMMITTEE. THE COMMITTEE SHALL STUDY ISSUES, HEAR PRESENTATIONS AND PROVIDE RECOMMENDATIONS TO CITY COUNCIL ON FOUR SPECIFIC PRIORITY AREAS: ENVIRONMENTAL AND CULTURAL RESOURCE PROTECTION ENHANCING THE WATERFRONT ECONOMY PUBLIC ACCESS TO WORKING WATERFRONTS AND COASTAL RESOURCES THIS COMMITTEE WILL MEET THE SECOND MONDAY OF THE MONTH IN THE COUNCIL CHAMBERS, 1225 MAIN STREET, SEBASTIAN. APPLICATIONS ARE AVAILABLE IN THE CITY CLERKS OFFICE, CITY HALL, 1225 MAIN STREET, SEBASTIAN BETWEEN THE HOURS OF 8:00 AM AND 4:30 PM OR ON -LINE AT WWW.CITYOFSEBASTIAN.ORG, AND WILL BE ACCEPTED UNTIL NOVEMBER 11, 2009. Member needed for volunteer waterfront committee TC Palm TCPALM Member needed for volunteer waterfront committee Octo Read sic°:: a tcp SEBASTIAN Sebastian is seeking applicants to fill one resident -at -large position on the Temporary Waterfront Committee. The committee studies issues, hears presentations and provides recommendations to City Council on environmental and cultural resource protection, enhancing the waterfront economy, public access to working waterfronts and coastal resources. Applications are available in the City Clerk's Office, City Hall, 1225 Main St., between the hours of 8 a.m. and 4:30 p.m. or on -line at www.cityofsebastian.arg, and will be accepted until Nov. 11. 2009 Scripps Newspaper Group Online Page 1 of 1 http:// www. tcpalm. com/news/2009 /oct/30 /sebastian- member needed- for volunteer- wat... 11/2/2009 COY OF HOME OF PELICAN ISLAND City of Sebastian, Florida Subject: First reading of Ordinance 0 -09- 06; petition for Voluntary Annexation by Bridgeton Real Fund 1, LP for a 5.9 -acre parcel of land located south of Vickers Road and west of the F.E.C. Railroad r Submittal by: City Manager Exhibits: Ordinance No. 0- 09 -06, Letter of request, Staff Report, Location Map, P Z Minutes, Chapter 171.044 F.S. EXPENDITURE REQUIRED: None AMOUNT BUDGETED: None Agenda No. 0q Z Department Origin: Growth M Purchasing/Contracting: Finance Director: City Attorney: City Clerk: Date Submitted: November 10, 2009 For Agenda of: November 18, 2009 APPROPRIATION REQUIRED: None SUMMARY Bridgeton Real Fund 1, LP, represented by Mr. Geoffrey Barkett, has submitted a request for annexation of 5.9 acres of land located south of Vickers Road (99` Street) and west of the F.E.C. Railroad. The applicant also submitted applications for a land use change and rezoning. If annexed, the requested land use and zoning is Industrial. Because the parcel is less than 10 acres, the Department of Community Affairs is not required to review the requested land use change. At a public hearing held December 4, 2008, the Planning and Zoning Commission recommended approval of the land use and zoning changes for the property, subject to a covenant running with the land that would restrict certain uses allowed in the industrial district. This was in response to concerns expressed by residents of the mobile home park to the west of the subject property. The petitioner has drafted the covenant which is attached to Ordinance 0 -09 -06 as "Exhibit B The covenant has been reviewed by the City Attorney. Staff recommends approval of the above referenced annexation, which is consistent with the goals and objectives as outlined within the Comprehensive Plan and Land Development Code. RECOMMENDED ACTION "Move to pass Ordinance No. 0 -09 -06 on first reading and schedule a second reading and public hearing for December 16, 2009." ORDINANCE NO. 0-09-06 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 5.90 ACRES, MORE OR LESS, LYING SOUTH OF VICKERS ROAD (a.k.a. 99 STREET) AND WEST OF THE F.E.C. RAILROAD; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Bridgeton Real Fund 1, LP, owner of the property described herein, has petitioned the City for voluntary annexation of said land and due public notice of this action has been given; and WHEREAS, the City Council finds and determines that the land proposed to be annexed is contiguous to the City, will not result in the creation of any enclaves, and constitutes a reasonably compact addition to the incorporated territory of the City; and WHEREAS, the City Council of the City of Sebastian, Florida, finds and determines that the annexation of said parcel is in the best interest of the City; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. PROPERTY. The following described property now lying and being in an unincorporated area of Indian River County, Florida, is hereby annexed into the City of Sebastian, Florida, and the boundary lines of said City are hereby redefined to include said real property: See attached Exhibit "A" as shown on the map within said Exhibit "A containing 5.9 acres more or less. Section 2. INTERIM LAND USE AND ZONING CLASSIFICATION. The interim land use and zoning classifications for this property shall be consistent with the provisions of state law. Section 3. FILING. A certified copy of this ordinance shall be filed with the Clerk of the Circuit Court, as well as the Chairman of the County Commission of 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: Indian River County, Florida, and with the Florida Department of State within seven days of adoption. Section 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid, unenforceable or unconstitutional, including the DECLARATION OF COVENANT AND RESTRICTION ON LAND attached as Exhibit `B the remainder of the Ordinance shall be invalidated and it shall be presumed that the City Council of the City of Sebastian did not intend to enact this Ordinance without such invalid or unconstitutional provision. Section 6. EFFECTIVE DATE. Following its adoption this Ordinance shall become effective upon recordation of the DECLARATION OF COVENANT AND RESTRICTION ON LAND (Exhibit `B so long as such recordation occurs within 45 days of passage thereof. Mayor Richard H. Gillmor Vice Mayor Jim Hill Councilmember Andrea B. Coy Councilmember Eugene Wolff Councilmember Don Wright The Mayor thereupon declared this Ordinance duly passed and adopted this day of 2009. ATTEST: CITY OF SEBASTIAN, FLORIDA Sally A. Maio, MMC Mayor Richard H. Gillmor City Clerk Approved as to form and legality for reliance by the City of Sebastian: Robert A. Ginsburg, City Attorney PARCEL 1 EXHIBIT "A" Page 1 of 3 LEGAL DESCRIPTION: From the Southeast Corner of the Southwest 1/4 of Northeast 1/4 of Section 20, Township 31 South, Range 39 East, Run North 00 29'41" East a Distance 17.45 Feet to the intersection of the West Right of -Way of the F.E.C. R.R.; Thence run North 25 38'36" West along said West Right -of -Way a distance of 450 Feet to the point of beginning; Thence continue North 25 38'36" West along said West Right -of -Way a distance of 592.36 Feet; Thence run South 64 21'36" West a distance of 150.00 Feet; Thence run North 25 38'36" West a distance of 438.21 Feet; Thence run South 89 West a distance of 116.07 Feet; Thence run South 25 38'36" East a distance of 498.12 Feet; Thence run North 64 21'24" East a distance of 65.21 Feet; Thence run South 25 38'36" East a distance of 509.97 Feet; Thence run South 00 17'14" East a distance of 362.06 Feet; Thence run South 58 48'28" East a distance of 59.88 Feet; Thence run North 89 42'46" East a distance of 70.51 Feet; Thence run North 00 17'14" West a distance of 354.32 Feet; Thence run on a Circular Curve with a radius of 295.00 Feet Concave to the West a distance of 16.31 Feet; Thence run North 64 21'24" East a distance of 89.84 Feet to the West Right -of -Way of the F.E.C.R.R. and P.O.B. Less and Except the following described property: Being all of Lot 19, Breezy Village Mobile Home Subdivision, Unit II, According to the Unrecorded plat thereof being more particularly described as follows: Begin at the platted Northeast Corner of Tract C, Breezy Village Mobile Home Subdivision, Unit -I as shown on the plat thereof, Recorded in plat book 9, page 34 of the public records of Indian River County, Florida; Thence South 64 21'34" West along the platted Northerly line of said Tract 6, 89.82 Feet to a point on a curve concave to the West having a radius of 295.00 Feet, a radial line from said point bears South 86 °32'43" West; Thence Northwesterly along the arc of said 295 Foot radius curve through "a central angle of 14 °54'47" a distance of 76.79 Feet, thence North 64 05'13" East, 70.34 Feet to the West Right -of -Way of the F.E.C.R.R. Right -of -Way; Thence South 25 °54'57" East along said West Right -of -Way line 74.05 Feet to the P.O.B.; Subject to an easement for ingress and egress over the Easterly 15 Thereof. Said Parcel containing 4.535 Acres More or Less. PARCEL 2 LEGAL DESCRIPTION: Beginning at the Intersection of the North Line of the Southwest Quarter of the Northeast Quarter of Section 20, Township 31 South, Range 39 East, with the Westerly Right -of -Way limit of Florida East Coast Railway (Said Right -of -Way Limit being 50 Feet Westerly from and parallel to the centerline of the original Main Track of said Florida East Coast Railway); Thence Southeasterly, along said Westerly Right -of -Way Limit, 400 Feet; Thence Southwesterly, at right angles to said Westerly Right -of -Way limit, 150 Feet; Thence Northwesterly 150 Feet Westerly from and parallel to said Westerly Right -of -Way limit, to a point in said North line of Said Southwest Quarter of Northeast Quarter of Section 20, Thence East along said North Line to the Point of Beginning. Subject to Existing Public Highways. Said Parcel Containing 1.4 Acres more or less. EXHIBIT "A" Page 2 of 3 EXHIBIT "A" Page 3 of 3 This instrument was prepared by: Eric Granitur, Esq. 535 Greytwig Road, Suite 5 Vero Beach, FL 32963 Property folio #s: 31392000000100000016.1 31392000000100000019.1 31392000000100000020.0 VOLUNTARY DECLARATION OF RESTRICTIVE COVENANTS EXHIBIT "B" Page 1 of 7 TIIIS VOLUNTARY DECLARATION OF RESTRICTIVE COVENANTS is entered into on this 30th day of September, 2009 by Bridgeton Real Fund I, L.P., a Delaware limited partnership (the "Declarant for the benefit of the City of Sebastian, Florida, a Florida municipal corporation (the "City WHEREAS, the Declarant is the owner in fee simple of approximately 5.935 acres located in Indian River County, Florida, which is more specifically described in Exhibit A to this Declaration (the "Property WHEREAS, the Declarant is seeking to annex the Property into the City (the "Annexation WHEREAS, the City is willing to approve the Annexation based on the the Declarant and the Property being subject to all of the terms and provisions of this Declaration. NOW THEREFORE, in consideration of all the promises and covenants contained in this Declaration, the Declarant voluntarily declares that the Property shall be owned, held, used, occupied, transferred, sold, conveyed and demised subject to the covenants and restrictions contained in this Declaration, which shall protect the value and desirability of the Property, which shall remain with the Property in perpetuity, which shall be binding on any and all parties having any right, title or interest in the Property, and which shall be binding on any and all of the parties' heirs, successors and assigns: Property: 1. Limitations in Use. The following uses shall not be permitted on the A. Gasoline and petroleu sales, except as an accessory use for stored vehicles on the P ioperty, B. Food sales, including a y restaurants that have or do not have drive through services, C. Adult entertainment, including any adult entertainment establishments, D. Boat manufacturing, E. Sand mining, F. Concrete production, in luding any concrete plants, and G. Asphalt production, incl ding any asphalt plants. 2. Change in Circumstances. If there is any change in circumstance relating to the Property that the City determines would require this Declaration to be amended, then the Declara t agrees to comply with the City's determination and amend this Declaration accordiigly. 3. Amendments. This Decl ation can only be modified, amended or released by a written document that is execut d by both the Declarant and the City with the approval of the City Commission. 4. Recording and Effective Date. This Declaration shall become effective upon it being recorded in the public re ords of Indian River County, Florida. Upon this Declaration being recorded, this Declaration shall run with the Property for the benefit of the City and shall bind any and all successors and assigns to the ownership and title of the Property. 5. Governing Law. This Declaration shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida. The Declarant and the City consent to the exclusive jurisdiction of the federal and state courts located in Indian River County, Florida, in any and all actions arising between them under this Declaration. 7. Entire Declaration. This Declaration contains the entire understanding of the parties with respect to the subject matter in this Declaration. 8. Execution of Documents. All of the parties to this Declaration shall execute all documents that are necessary to carry out the purposes and intent of this Declaration. 9. Counterparts. This Declaration can be signed in counterparts, all of which taken together shall be deemed an original. 2 EXHIBIT "B" Page2of THE Declarant has executed this Declaration, which consists of seven pages, which includes a two page exhibit, as of the date first written above. Signed, sealed and delivered r. Atil By: Printed N. e: A y hn M. Malek, as General Partner Printed Name: STATE OF FLORIDA COUNTY OF INDIAN RIVER This Declaration was acknowledged before me this 30th day of September 2009 by John M. Malek, as General Partner of Bridgeton Real Fund 1, L.P., a Delaware limited partnership, on behalf of Bridgeton Real Fund I, L.P., a Delaware limited partnership, who is personally known to me it who has pro ucg d, ERIC GRANI't`UR 016 MY COMMISSION d DD840t 53 s EXPIRES. November 30. 2012 't'o:w° Ft Note»' Disco Assoc Co ksoc,.34.407 Are: 3 Notary Public EXHIBIT "B" Page3of7 BRIDGETON REAL FUND, L.P., a Delaware limited partnership RBC BANK (USA), a North Carolina banking corporation, with a vested interest in the Property as the holder of a mortgage that is secured by the Property, joins in the execution of this Declaration for the purpose of ratifying and confirming this Declaration. Signed, sealed and delivered RBC BANK (USA), a North Carolina banking corporation Printed Name: ,C icc... i_. STATE OF COUNTY OF e9 't�` This foregoing Joinder was acknowledged before me this /5 day of Stiptativi 2009 by 1/ /.yl c rl i,7 `c as /'('c� -a� of RBC BANK (USA), a North Carolina banking corporation, on behalfBBBANK (USA), a North Carolina banking corporation, who is ersonally known o me or who has produced as identification. L f' a-34 0 4 'Notary Public State of Florida Sharon Simpson My Commission DD772894 Expires 04/13/2012 JOINDER 4 EXHIBIT "B" Page4of7 By: Printed Name: Its: Cat Notary Pu is The City of Sebastian, Florida, vested with certain enforcement authority associated with this Declaration joins in the execution of this Declaration for the purpose of ratifying and confirming this Declaration, and to effectuate the purposes contained in this Declaration Attested to: CITY OF SEBASTIAN, a Florida municipal corporation By: City of Sebastian Clerk Mayor Approved as to form: Office of the City of Sebastian Attorney STATE OF FLORIDA COUNTY OF INDIAN RIVER JOINDER The foregoing Joinder of this Declaration was acknowledged before me this day of September 2009 by as the Mayor of the City of Sebastian, a Florida municipal corporation, on behalf of the City of Sebastian, a Florida municipal corporation, who is personally known to me or who has produced as identification. 5 Notary Public EXHIBIT "B" Page5of7 EXHIBIT i LEGAL DESCRIPTION FOR PROPERTY FOLIO #S: 31392000000100000016.1 AND 31392000000100000019.1 From the Southeast Comer of the Southwest 1/4 of Northeast 1/4 of Section 20, Township 31 South, Range 39 East, Run North 00'29'41" East a Distance 17.45 Feet to the intersection of the West Right -of -Way of the F.E.C.R.R.; Thence run North 25 °38'36" West along said West Right -of -Way z distance of 450 Feet to the point of beginning; Thence continue North 25 °38'36" W distance of 592.36 Feet; Thence run South 64 °21 Thence run North 25 °38'36" West a distance of 438.21 Feet; Thence run South 89 °49'27" West a distance of 116.07 Feet; Thence run South 25 °38'36" East a distance of 498.12 Feet; Thence run North 64 °21'24" East a distance of 65.21 Feet; Thence run South 25 °38'36" East a distance of 509.97 Feet Thence run South 00 °17'14" East a distance of 362.06 Feet; Thence run South 58 °x'8'28" East a distance of 59.88 Feet; Thence run North 89 °42'46" East a distance of 71.51 Feet; Thence run North 00°17'14" West a distance of 354.32 Feet; "Thence run on a ircular Curve with a radius of 295.00 Feet Concave to the West a distance of 16.31 Feat; Thence run North 64 °21'24" East a distance of 89.84 Feet to the West Right -of -Way o the F.E.C.R.R. and P.O.B. Less and Except the following described property: Being all of Lot 19, Breezy Village Mobile Hom Subdivision, Unit II, According to the Unrecorded plat thereof being more particularly described as follows: Begin at the platted Northeast Corner of Tract C, Breezy Villa ;.e Mobile Home Subdivision, Unit I as shown on the plat thereof, Recorded in plat boo 9, page 34 of the public records of Indian River County, Florida; Thence South 64 °2 '34" West along the platted Northerly line of said Tract 6, 89.82 Feet to a point on a cure concave to the West having a radius of 295.00 Feet, a radial line from said point bears South 86 °32'43" West; Thence Northwesterly along the arc of said 295 Foot raldius curve through a central angle of 14 °54'47" a distance of 76.79 Feet, thence North 64°05'13" East, 70.34 Feet to the West Right -of -Way of the F.E.C.R.R. Right -of —Way; Thence South 25 °54'57" East along said West Right -of -Way line 74.05 Feet to the P.O.B.; Subject to an easement for ingress and egress over the Easterly 15 Thereof. Said Parcel Containing 4.535 Acres More or Less. 6 EXHIBIT "B" Page 6 of 7 est along said West Right -of -Way a '36" West a distance of 150.00 Feet; Subject to Existing Public Highways. EXHIBIT A LEGAL DESCRIPTION FOR PROPERTY FOLIO 31392000000100000020.0 Beginning at the Intersection of the North Line of the Southwest Quarter of the Northeast Quarter of Section 20, Township 31 South, Range 39 East, with the Westerly Right -of- Way limit of Florida East Coast Railway (Said Right -of -Way Limit being 50 Feet Westerly from and parallel to the centerline of the original Main Track of said Florida East Coast Railway); Thence Southeasterly, along said Westerly Right -of -Way Limit, 400 Feet; Thence Southwesterly, at right angles to said Westerly Right -of -Way limit, 150 Feet; Thence Northwesterly 150 Feet Westerly from and parallel to said Westerly Right of -Way limit, to a point in said North line of Said Southwest Quarter of Northeast Quarter of Section 20, Thence East along said North Line to the Point of Beginning. Said Parcel Containing 1.4 Acres More or Less. bridgetonsebastiandeclaration2.doc 7 EXHIBIT "B" Page 7of7 JOSEPH W. SCHULKE, P.E. JODAH B. BITTLE, P.E. WILLIAM P. STODDARD, Ph.D., P.E. July 17, 2008 Rebecca Grohall Growth Management Director City of Sebastian 1201 Main Street Sebastian, FL 32958 Re: Request for Annexation 9.21 Acre 6 Parcels, South Side of Vickers Road Dear Ms. Grohall, SCHULKE, BITTLE STODDARD, L.L.C. CIVIL STRUCTURAL ENGINEERING LAND PLANNING ENVIRONMENTAL PERMITTING Please accept this letter and attachments as an application for the City of Sebastian to consider voluntary annexation of the property described in the enclosed legal descriptions. The property has a total area of approximately 9.21 acres and is bounded on the north and the south by the limits of the City of Sebastian. Enclosed please find the following attachments 1. Check for $3,750.00 to cover the annexation application fee 2. Legal Description on 8 -1/2 "x11" 3. Signed and Sealed Surveys 4. Warranty Deed for the properties 5. Letter of Authorization Concurrent with this application for annexation, we are also submitting to the City of Sebastian an application for Comprehensive Land Use Amendment. Parcel 1 currently has a land use designation of M -2 (10 units /acre) within Indian River County and we are requesting a designation of IN within the City of Sebastian. The zoning for this parcel within Indian River County is currently designated as RMH -8. We will be requesting and submitting to the City of Sebastian an application for a rezoning of Parcel 1 and 2 to IN (as requested by the City of Sebastian) and a rezoning of Parcel 3 5 from CH or CG to CG within the City of Sebastian (please see attached table). Also, please find attached a list of all homeowners within 300' of the proposed parcels. Should you have any questions or need any additional information, please do not hesitate to contact me. Sincerely, 1 Geoffrey arkett 1717 INDIAN RIVER BLVD., SUITE 201, VERO BEACH, FLORIDA 32960 TEL 772 770 -9622 FAx 772 770 -9496 EMAIL info @sbsengineers.com dI YOF HOME OF PELICAN ISLAND Growth Management Department Staff Report Annexation, Comprehensive Plan Amendment And Rezoning 1. Project Name: Bridgeton Properties 2. Requested Action: Annexation of three parcels listed below, along with land use and zoning amendments: Parcel 31- 39 -20- 00000 1000 00016.1 (See map -Label 1) Land Use Amendment: County M -2 (Medium Density Residential -2 (up to Requesting City IND (Industrial) Zoning Amendment: County RMH -8 (Mobile Home Residential (up to 8 Requesting City IN (Industrial) Parcel 31- 30 -20- 00000 1000 00019.1 (See map Label 2) Land Use Amendment: County M -2 (Medium Density Residential -2 (up to Requesting City IND (Industrial) Zoning Amendment: County RMH -8 (Mobile Home Residential (up to 8 Requesting City IN (Industrial) Parcel 31- 39 -20- 00000 1000 00020.0 (See map Label 3) Land Use Amendment: County C/I (Commercial /Industrial) Requesting City IND (Industrial) Zoning Amendment: County CH (Heavy Commercial) Requesting City IN (Industrial) 1 10 units /acre) units /acre) 10 units /acre) units /acre) Staff Note: The original annexation request included three additional parcels: 31- 39 -20- 00000 1000 00016.2 (See map Label 4) 31- 39 -20- 00000 1000 00012.0 (See map Label 5) 31- 39 -20- 00000 1000 00012.1 (See map Label 6) The first three parcels (Labels 1 3) are contiguous to our City limits located immediately south of Vickers Road (99` Street). During staff review, it was discovered that the remaining three parcels (Labels 4 6) are not contiguous to the first three parcels, and are not contiguous to our City limits. Therefore, annexation of those parcels cannot be permitted. The application for annexation, land use and zoning has been amended accordingly. 3. Project Location: a. Address: South of Vickers Road between Breezy Village Mobile Home Park and the Florida East Colast Railway b. Legal: See surveys attached c. Indian River County Parcel Number d. Acreage: 5.9 acres 4. Project Owner: Bridgeton Real Fund 1, LP 2801 Flight Safety Drive Vero Beach, FL 32960 (772) 567 -0888 5. Project Agent: 6. Project Engineer: 7. Project Surveyor: 8. Project Description 31- 39 -20- 00000 1000- 00016.1 31- 39 -20- 00000 1000- 00019.1 31- 39 -20- 00000 1000- 00020.0 fax: (772) 567 -7760 same as engineer (belo) Geoffrey Barkett Schulke, Bittle Stoddard, LLC 1717 Indian River Boulevard, Suite 201 Vero Beach, FL 32960 (772) 770 -9622 fax: (772) 770 -9496 William E. Hayhurst Hayhurst Land Surveying, Inc. 843 8 Street Vero Beach, FL 32962 (772) 569 -6680 fax: (772) 770 -3446 a. Narrative of proposed action: Bridgeton Real Fund 1, LP, has filed an application for annexation of three parcels of land located south of Vickers Road, between Breezy Village Mobile Home Park and the Florida East Coast Railroad. Two of the parcels, labeled as 1 and 2 on the attached map, have a county land use designation of M -2 (Medium- Density Residential -2 up to 10 units per acre) and a county zoning designation of 'RMH -8 (Mobile Home Residential up to 8 units per acre). The third parcel, Iabe'led as 3 on the attached map, has a county land use designation of C/I (Commercial /Industrial) and a county zoning 2 c. Adjacent Properties designation of CH (Heavy Commercial). In conjunction with the annexation request, the applicant has requested a city land use designation of IND (Industrial) and a city zoning designation IN (Industrial) for all three parcels. Two of the parcels (labeled as 1 and 2 on the attached map) are vacant. The third parcel (labeled as 3 on the attached map) has several existing warehouse buildings. b. Zoning: Current: RMH -8 (County) and CH (County) Requested: IN (City) d. Site Characteristics (1) Total Acreage: 5.9 acres (2) Current Land Use(s): vacant and warehouses (3) Soil: Immokalee fine sand Astatula sand (4) Vegetation: primarily grass, some trees along railroad right -of -way (5) Flood Hazard: X (6) Water Service: Well (existing warehouse) (7) Sanitary Sewer Service: On -site septic system (existing warehouse) (8) Parks: Schumann Park 1 mile (9) Police /Fire: Fire Station 3.5 miles Police Station 3 miles 9. Future Land Use: Current: M -2 (Co) and C/I (Co) Requested: IND (City) 10. Comprehensive Plan Consistency: Several issues identified in the Comprehensive Plan must be considered when evaluating this land use amendment. 3 Zoning Current Land Use Future Land Use North: IN (City) warehouse IND (City) East: CH (Co) vacant C/I (Co) South: RMH -8 (Co) mobile home park M -2 (Co) West: RMH -8 (Co) mobile home park M -2 (Co) c. Adjacent Properties designation of CH (Heavy Commercial). In conjunction with the annexation request, the applicant has requested a city land use designation of IND (Industrial) and a city zoning designation IN (Industrial) for all three parcels. Two of the parcels (labeled as 1 and 2 on the attached map) are vacant. The third parcel (labeled as 3 on the attached map) has several existing warehouse buildings. b. Zoning: Current: RMH -8 (County) and CH (County) Requested: IN (City) d. Site Characteristics (1) Total Acreage: 5.9 acres (2) Current Land Use(s): vacant and warehouses (3) Soil: Immokalee fine sand Astatula sand (4) Vegetation: primarily grass, some trees along railroad right -of -way (5) Flood Hazard: X (6) Water Service: Well (existing warehouse) (7) Sanitary Sewer Service: On -site septic system (existing warehouse) (8) Parks: Schumann Park 1 mile (9) Police /Fire: Fire Station 3.5 miles Police Station 3 miles 9. Future Land Use: Current: M -2 (Co) and C/I (Co) Requested: IND (City) 10. Comprehensive Plan Consistency: Several issues identified in the Comprehensive Plan must be considered when evaluating this land use amendment. 3 Policy 1 -1.5.4 General Considerations for ,Locatinp Industrial Development states "The allocation of land resources for industrial development shall be responsive to the location and space requirements of industrial activities and potential fiscal and environmental impacts on the City of Sebastian. The location and distribution of specific types of industrial activities shall be determined based on the following considerations: a. Trip generation characteristics and impact on existing and planned transportation systems, including dependency on rail, air, or trucking for distribution of material and goods; b. Anticipated employment generation floor air requirements and market area; c. Ability to meet established performkince standards for preventing or minimizing nuisance impacts, such as emission f air pollutants, glare, noise and odor, or generation of hazardous by- products; d. Impact on established as well as anticipated future development and natural systems; and e. Impact on existing and planned public services, utilities, water resources and energy resources." The location of the parcels along the Florida proximity to U.S. Highway 1, a state arterial r development. The development of the vaca water and sewer, improved stormwater syst development regulations, and mandatory buff to the west. and Use of the City's Comprehensive Plan Sebastian Airport and environs contains the econdary industrial concentration is situated concentrations of industrial development are ailroad. A high priority shall be given to e to the unique location requirements of industry. Industrial sites shall generally be allocated in areas accessible to rail corridors or near airport facilities." The subject property is located west of the FE Railroad. Policy 1 -1.5.3 General Pattern of Industrial Future Land Use element states "The City of principal area for future industrial activity. A s along the FEC Railroad at CR 512. Lesser situated along other segments of the FEC 1 reserving strategically located lands adaptiv 11. Conformance with Code of Ordinances: The proposed rezoning and land use amendment is consistent with the Code of Ordinances. 12. Changed Conditions: The applicant wishes to develop the two vacant parcels as industrial, similar to the existing developmen{ on the third parcel. With the land use and zoning designations presently established by the County, these parcels would be slated for residential development, which is problematic because of the FEC Railroad. 13. Land Use Compatibility: The contiguous City land to the north has a land use and zoning designation of Industrial. The proposed annexation is requesting the same. Also, regulations in the Sebastian Land Development Code establish mandatory 4 East Coast Railway, as well as the close adway, provides good location for industrial i t parcels will require connection to public ms, and landscaping to meet current land ring from the residential mobile home park buffering requirements for the future development of the parcels next to Breezy Village Mobile Home Park. 14. Adequate Public Facilities: The parcel is located within the Urban Service Boundary Area. Public utilities (water, wastewater) are available. Additionally, on -site stormwater management will be required as an essential element of a future development. 15. Natural Environment: Future development of the vacant parcels will be required to provide requisite open space, landscaping and tree protection as required by the Land Development Code. 16. Economic Effect: The property is not currently within the corporate limits of the City of Sebastian. Annexation will provide an additional 5.9 acres of industrial land area, which in turn creates an expanded tax base for the City of Sebastian. 17. Orderly Development: The proposed land use amendment provides for orderly development given the location of the site adjacent to industrial property and the availability of sufficient public facilities and access. 18. Public Interest: The City of Sebastian Comprehensive Plan outlines the necessity to create a general pattern of industrial land use. The location of the parcels along the FEC Railway, as well as the close proximity to U.S. Highway 1, a state arterial roadway, provides good location for industrial development. Being adjacent to other industrial uses in the City facilitates orderly development within the area. 19. Other Matters: The applicant also owns three additional parcels to the east, on the south side of Vickers Road. Since these parcels are not contiguous to the other Bridgeton properties, or to Sebastian city limits, they cannot be considered for annexation at this time. However, the owner agrees to annex the additional property when those parcels become contiguous to the city boundaries. The requested comprehensive plan land use map amendment for the 5.9 -acre proposed annexation is a small scale amendment (under 10 acres), and will not be reviewed by the Department of Community Affairs (DCA). 20. Conclusion: The requested land use designation of IND (Industrial) and the requested zoning designation of IN (Industrial) are consistent with the Sebastian Comprehensive Plan, the Land Development Code and Code of Ordinances. 21. Recommendation: On December 4, 2009, the Planning and Zoning Commission held a public hearing regarding the land use and zoning amendments. In response to concerns of residents in the Breezy Village Mobile Home Park, the Commission recommended approval of the land use and zoning changes for the property, subject to a covenant running with the land that would restrict certain uses allowed in the industrial district. The petitioner agreed to restrict some of the industrial uses and has prepared a covenant which is attached to Ordinance 0 -09 -06 as "Exhibit B Staff recommends approval of the requested annexation, and also recommends that the 5 PRERARED annexed land be given a land use desig designation of Industrial (IN). 6 ation of Industrial (IND) and a zoning 11 7 DATE C��� Industrial Park (within City) Breezy Village (Mobile home park) Unincorporated Whispering Palms Mobile Home Park (Unincorporated) 41 It, IvAlirir. vs p i ,fir A� �3 tit! .r,- 4: Palm Lake Club (Mobile home park) Publix Shopping Center (US 1 at Barber St) Ay A, maim RIO OD m 0 Bridgeton Parcels CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING DECEMBER 4, 2008 Chmn. Paul called the meeting to order at 7:00 P.M. The pledge of allegiance was said by all. ROLL CALL: PRESENT: Mr. Paul Mr. Dodd Mr. Hepler Mr. Buchanan Mr. Simmons Mr. Blais Mr. Neuberger Mr. Cardinale EXCUSED: Mr. Srinivasan ALSO PRESENT: Rebecca Grohall, Growth Management Director Jan King, Growth Management Manager Robert Ginsburg, Interim City Attorney Dorri Bosworth, Zoning Technician ANNOUNCEMENTS: Chmn. Paul announced that Mr. Srinivasan is excused and Mr. Hepler will be voting. APPROVAL OF MINUTES: Regular Meeting of 11/06/08 MOTION by Dodd /Cardinale to approve the P &Z meeting minutes of 11/06/08. Motion was approved unanimously on roll call. OLD BUSINESS: NONE NEW BUSINESS: PUBLIC HEARING RECOMMENDATION TO CITY COUNCIL LAND USE AMENDMENT REZONING (FOR PROPOSED ANNEXATION) PARCELS LOCATED SOUTH OF VICKERS ROAD AND WEST OF US HIGHWAY #1, ADJACENT TO BREEZY VILLAGE MOBILE HOME PARK REQUEST FOR IND (INDUSTRIAL) ZONING Chmn. Paul opened the hearing and asked for staff comments. Ms. King reviewed the staff report. She explained that the original request was for six parcels however, three had to be removed from the request as they are not contiguous to our city limits. The total acreage for the three parcels is 5.9 acres. Ms. King noted an error on page 3 of the staff report on the adjacent property to the north it is noted as commercial general but in actually is industrial. Staff recommends approval of their request for an industrial land use and zoning designation. cr E The following people spoke: PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF DECEMBER 4, 2008 Mr. Dodd asked about a paved driveway towards the back of the parcel. Ms. King deferred to the applicant. Geoffrey Barkett of Schulke, Bittle Stoddard, Vero Beach, addressed the commission. He said it is an old driveway to the existing mini- storage and not a right -of -way. There was discussion about what use would be allowed and done with the industrial designation. Mr. Neuberger visited the site and was concerned about the condition of vehicles stored on it. Mr. Hepler was concerned about the residential zone near the site. Mr. Cardinale asked about the Liberty Park subdivision in relation to this site. Mr. Simmons asked if the zoning request was an all or none issue for industrial. Ms. Grohall explained that staff recommends industrial for the three parcels that are contiguous to the existing industrial. Mr. Barkett said all three. Mr. Blais continued with the question and asked Mr. Ginsburg if the zone designation is for all three or each one. Mr. Ginsburg said it would be at the commission's discretion. Beverly O'Neil, 9790 61 Place, Breezy Village Mobile Home Subdivision, concerned about having an industrial zone next to their residential site. Mr. Simmons asked why the applicant did not just try to rezone within the county. Mr. John Malik, 2190 47 Terrace, Vero Beach, property owner, said he had discussed this with the county two and a half years ago and at the time they were willing to change the zoning but couldn't because of the commercial node in the general area wasn't used up enough. They, the county, suggested he approach the City of Sebastian. Tim Snarey, 9775 61 Way, Breezy Village, wanted an explanation of how a street is considered to be contiguous. Ms. Grohall said roads are considered contiguous between parcels. Mr. Dodd and Mr. Blais were concerned about the possibility of other industrial uses that could be put on these parcels if annexed. Mr. Buchanan asked if this was not annexed and rezoned what would the zone be. Ms. King said it is currently multi family in the county however, that poses a problem due to its very close proximity to the railroad tracks. Mr. Hepler asked if a deed restriction or caveat could be placed on the 'property so it would only be used as a storage facility as stated by the property owner. Mr. Ginsburg said that would be accomplished by a voluntary covenant coming from the property owner that would restrict his use of the property. MOTION by Hepler /Simmons to approve staff recommendation subject to an appropriate covenant running with the land that restricts it to the storage uses described by the applicant as noted in the staff report. ROLL CALL: Mr. Blais no Mr. Dodd no Mr. Paul yes Mr. Cardinale yes Mr. Simmons yes Mr. Hepler yes Mr. Buchanan yes The vote was 5 -2. Motion passed. CHAIRMAN MATTERS: 2 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF DECEMBER 4, 2008 Chmn. Paul welcomed Mr. Blais back on the board and wished everyone a happy holiday. MEMBERS MATTERS: Holiday greetings were expressed. DIRECTOR MATTERS: NONE ATTORNEY MATTERS: NONE Chmn. Paul adjourned the meeting at 8:09 p.m. (12/05/08 sbl) 3 Statutes Constitution View Statutes >2008- >Ch0171- >Section 044 Online Sunshine Page 1 of 1 The 2008 Florida Statutes Select Year: Title XII Chapter 171 View Entire Chapter MUNICIPALITIES LOCAL GOVERNMENT BOUNDARIES 171.044 Voluntary annexation. (1) The owner or owners of real property in an unincorporated area of a county which is contiguous to a municipality and reasonably compact may petition the governing body of said municipality that said property be annexed to the municipality. (2) Upon determination by the governing body of the municipality that the petition bears the signatures of all owners of property in the area proposed to be annexed, the governing body may, at any regular meeting, adopt a nonemergency ordinance to annex said property and redefine the boundary lines of the municipality to include said property. Said ordinance shall be passed after notice of the annexation has been published at least once each week for 2 consecutive weeks in some newspaper in such city or town or, if no newspaper is published in said city or town, then in a newspaper published in the same county; and if no newspaper is published in said county, then at least three printed copies of said notice shall be posted for 4 consecutive weeks at some conspicuous place in said city or town. The notice shall give the ordinance number and a brief, general description of the area proposed to be annexed. The description shall include a map clearly showing the area and a statement that the complete legal description by metes and bounds and the ordinance can be obtained from the office of the city clerk. (3) An ordinance adopted under this section shall be filed with the clerk of the circuit court and the chief administrative officer of the county in which the municipality is located and with the Department of State within 7 days after the adoption of such ordinance. The ordinance must include a map which clearly shows the annexed area and a complete legal description of that area by metes and bounds. (4) The method of annexation provided by this section shall be supplemental to any other procedure provided by general or special law, except that this section shall not apply to municipalities in counties with charters which provide for an exclusive method of municipal annexation. (5) Land shall not be annexed through voluntary annexation when such annexation results in the creation of enclaves. (6) Not fewer than 10 days prior to publishing or posting the ordinance notice required under subsection (2), the governing body of the municipality must provide a copy of the notice, via certified mail, to the board of the county commissioners of the county wherein the municipality is located. The notice provision provided in this subsection may be the basis for a cause of action invalidating the annexation. History. -s. 1, ch. 74 -190; ss. 4, 5, ch. 75 -297; s. 3, ch. 76 -176; s. 2, ch. 86 -113; s. 1, ch. 90 -171; s. 16, ch. 90- 279; s. 16, ch. 98 -176; s. 3, ch. 2006 -218. Copyright m 1995 -2009 The Florida Legislature Privacy Statement Contact Us http: /www. leg. state. fl. us statutes index .cfm ?App_mode= Display_Statute &Search String= &URL... 5/27/2009 G1YOF HOME OF PELICAN ISLAND City of Sebastian, Florida Subject: First reading of Ordinance 0 -09- 07; Land Use Amendment for a 5.9 acre parcel of land located south of Vickers Road and west of the F.E.C. Railroad A ro '.1 for Submittal by: City Manager Exhibits: Ordinance No. 0- 09 -07, Application EXPENDITURE REQUIRED: None Agenda No. 0 q 1 5 2 Department Origin: Growth Management Purchasing/Contracting: Finance Director: City Attorney: City Clerk: Date Submitted: For Agenda of: November 10, 2009 November 18, 2009 AMOUNT BUDGETED: None APPROPRIATION REQUIRED: None SUMMARY If annexation is approved, the 5.9 -acre parcel must be given a City land use and zoning designation. The applicant has requested Industrial (IND) for land use and Industrial (IN) for zoning. These requests are consistent with the Comprehensive Plan and Land Development regulations. At a public hearing held December 4, 2008, the Planning and Zoning Commission recommended approval of the land use and zoning changes for the property, subject to a covenant running with the land that would restrict certain uses allowed in the industrial district. The petitioner has drafted the covenant which is attached to Ordinance 0 -09 -06 as "Exhibit B The covenant has been reviewed by the City Attorney. Because the parcel is less than 10 acres, the Department of Community Affairs is not required to review the requested land use change. Staff recommends approval of the above referenced land use amendment, which is consistent with the goals and objectives outlined within the Comprehensive Plan and Land Development Code. RECOMMENDED ACTION "Move to pass Ordinance No. 0 -09 -07 on first reading and schedule a second reading and public hearing for December 16, 2009." ORDINANCE NO. 0-09-07 and AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN WHICH AMENDS THE FUTURE LAND USE MAP TO DESIGNATE AN INITIAL LAND USE CLASSIFICATION OF INDUSTRIAL (IND) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION OF MEDIUM DENSITY RESIDENTIAL -2 (M -2) AND COMMERCIAL/INDUSTRIAL (C/I) FOR LAND CONSISTING OF 5.9 ACRES, MORE OR LESS, SITUATED SOUTH OF VICKERS ROAD (a.k.a. 99 STREET) AND WEST OF THE F.E.C. RAILROAD; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City Council has considered the application of Bridgeton Real Fund 1, LP for a land use amendment to designate an initial land use for certain property considered for annexation from its existing County Future Land Use Map designation of Medium Density Residential -2 (M -2) and Commercial/Industrial (C /I) to a City designation of Industrial (IND); WHEREAS, the City Council has considered the applicable provisions of the existing Sebastian Comprehensive Land Use Plan; and WHEREAS, the City Council has considered the criteria identified in the Sebastian Land Development Code and Florida Statutes together with the findings and recommendations of its staff and the Planning and Zoning Commission; and WHEREAS, the City Council has determined that the proposed changes in the Sebastian Comprehensive Land Use Plan are consistent with the existing comprehensive plan and the future development goals of the City of Sebastian; and WHEREAS, the City Council has provided notice of the proposed plan amendment and has conducted the required public hearings to receive citizen input. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. AFFECTED PROPERTY. The amendment to the Comprehensive Plan Future Land Use Map adopted by this Ordinance shall affect the following described real property, now lying and being within the incorporated area of the City of Sebastian, Indian River County, Florida: See attached Exhibit "A" containing 5.9 acres more or less as depicted on the map within said Exhibit "A Section 2. LAND USE DESIGNATION. The real property described in the attached Exhibit "A" is hereby given a City land use designation of Industrial (IND). Section 3. COMPREHENSIVE LAND USE MAP. The Comprehensive Plan Future Land Use Map shall be amended to include the real property described in the attached Exhibit "A and reflect its designated land use as Industrial (IND) in accordance with the requirements of Florida law. Section 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council did not intend to enact such invalid or unconstitutional provision. 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 6. EFFECTIVE DATE. This Ordinance shall take effect upon satisfaction of all conditions for the effectiveness of Ordinance 0- 09 -06. 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 Richard Gillmor Vice Mayor Jim Hill Councilmember Andrea B. Coy Councilmember Eugene Wolff Councilmember Don Wright The Mayor thereupon declared this Ordinance duly passed and adopted this day of 2009. ATTEST: CITY OF SEBASTIAN, FLORIDA Sally A. Maio, MMC City Clerk Mayor Richard H. Gillmor Approved as to form and legality for reliance by the City of Sebastian: Robert A. Ginsburg, City Attorney PARCEL 1 EXHIBIT "A" Page 1 of 3 LEGAL DESCRIPTION: From the Southeast Corner of the Southwest 1/4 of Northeast 1/4 of Section 20, Township 31 South, Range 39 East, Run North 00°29'41" East a Distance 17.45 Feet to the intersection of the West Right of -Way of the F.E.C.R.R.; Thence run North 25 38'36" West along said West Right -of -Way a distance of 450 Feet to the point of beginning; Thence continue North 25 38'36" West along said West Right -of -Way a distance of 592.36 Feet; Thence run South 64 21'36" West a distance of 150.00 Feet; Thence run North 25 3 8'36" West a distance of 438.21 Feet; Thence run South 89 49'27" West a distance of 116.07 Feet; Thence run South 25 38'36" East a distance of 498.12 Feet; Thence run North 64 21'24" East a distance of 65.21 Feet; Thence run South 25 38'36" East a distance of 509.97 Feet; Thence run South 00 17'14" East a distance of 362.06 Feet; Thence run South 58 48'28" East a distance of 59.88 Feet; Thence run North 89 °42'46" East a distance of 70.51 Feet; Thence run North 00 17'14" West a distance of 354.32 Feet; Thence run on a Circular Curve with a radius of 295.00 Feet Concave to the West a distance of 16.31 Feet; Thence run North 64 °21'24" East a distance of 89.84 Feet to the West Right -of -Way of the F.E.C.R.R. and P.O.B. Less and Except the following described property: Being all of Lot 19, Breezy Village Mobile Home Subdivision, Unit II, According to the Unrecorded plat thereof being more particularly described as follows: Begin at the platted Northeast Corner of Tract C, Breezy Village Mobile Home Subdivision, Unit -I as shown on the plat thereof, Recorded in plat book 9, page 34 of the public records of Indian River County, Florida; Thence South 64 21'34" West along the platted Northerly line of said Tract 6, 89.82 Feet to a point on a curve concave to the West having a radius of 295.00 Feet, a radial line from said point bears South 86 °32'43" West; Thence Northwesterly along the arc of said 295 Foot radius curve through a central angle of 14 °54'47" a distance of 76.79 Feet, thence North 64 05'13" East, 70.34 Feet to the West Right -of -Way of the F.E.C.R.R. Right -of -Way; Thence South 25 54'57" East along said West Right -of -Way line 74.05 Feet to the P.O.B.; Subject to an easement for ingress and egress over the Easterly 15 Thereof. Said Parcel containing 4.535 Acres More or Less. PARCEL 2 LEGAL DESCRIPTIQN: EXHIBIT "A" Page 2 of 3 Beginning at the Intersection of the North Line of the Southwest Quarter of the Northeast Quarter of Section 20, Township 31 South, Range 39 East, with the Westerly Right -of -Way limit of Florida East Coast Railway (Said Right-of-Way Limit being 50 Feet Westerly from and parallel to the centerline of the original Main Track of said Florida East Coast Railway); Thence Southeasterly, along said Westerly Right of-Way Limit, 400 Feet; Thence Southwesterly, at right angles to said Westerly Right -of -Way limit, 150 Feet; Thence Northwesterly 150 Feet Westerly from and parallel to said Westerly Right -of -Way limit, to a point in said North line of Said Southwest Quarter of Northeast Quarter of Section 20, Thence East along said North Line to the Point of Beginning. Subject to Existing Public Highways. Said Parcel Containing 1.4 Acres more or less. EXHIBIT "A" Page 3 of 3 QIYOF HOME OF PELICAN ISLAND City of Sebastian, Florida Subject: First reading of Ordinance 0 -09- 08; Zoning Amendment for a 5.9 acre parcel of land located south of Vickers Road and west of the F.E.C. Railroad or Submittal by: City Manager 44 n er Exhibits: Ordinance No. 0- 09 -08, Application EXPENDITURE REQUIRED: None AMOUNT BUDGETED: None Agenda No. Oct 15 2- Department Origin: Growth Manag Purchasing/Contracting: Finance Director: City Attorney: City Clerk: Date Submitted: November 10, 2009 For Agenda of: November 18, 2009 APPROPRIATION REQUIRED: None SUMMARY If annexation of the Bridgeton Real Fund 1, LP property is approved, the 5.9 -acre parcel must be given a City land use and zoning designation. The applicant has requested Industrial (IND) for land use and Industrial (IN) for zoning. These requests are consistent with the Comprehensive Plan and Land Development regulations. At a public hearing held December 4, 2008, the Planning and Zoning Commission recommended approval of the land use and zoning changes for the property, subject to a covenant running with the land that would restrict certain uses allowed in the industrial district. The petitioner has drafted the covenant which is attached to Ordinance 0 -09 -06 as "Exhibit B The covenant has been reviewed by the City Attorney. Staff recommends approval of the above referenced zoning amendment, which is consistent with the Comprehensive Plan and Land Development Code. RECOMMENDED ACTION "Move to pass Ordinance No. 0 -09 -08 on first reading and schedule a second reading and public hearing for December 16, 2009." ORDINANCE NO. 0 -09 -08 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL ZONING CLASSIFICATION OF INDUSTRIAL (IN) FOR ANNEXED LAND WITH A PRIOR COUNTY ZONING DESIGNATION OF RESIDENTIAL MOBILE HOME, 8 UNITS PER ACRE (RMH -8) AND HEAVY COMMERCIAL (CH) FOR LAND CONSISTING OF 5.9 ACRES, MORE OR LESS, SITUATED SOUTH OF VICKERS ROAD (a.k.a 99 STREET) AND WEST OF THE F.E.C. RAILROAD; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Bridgeton Real Fund 1, LP, has filed a petition for amendment to the Zoning Ordinance; and WHEREAS, the City Council has provided notice of the proposed zoning change and conducted a public hearing to receive citizen input; and WHEREAS, the City Council of the City of Sebastian, Florida, has considered the criteria identified in the Land Development Code together with the recommended findings and recommendations of its staff and Planning and Zoning Commission; and WHEREAS, the City Council has made the following findings: A. The proposed use is consistent with the goals, objectives and other elements of the Comprehensive Land Use Plan. B. The proposed use is in conformity with the substantive requirements of the City of Sebastian Code of Ordinances, particularly the Land Development Code. C. The proposed use is not in conflict with the public interest of the citizens of the City of Sebastian. D. The proposed use is compatible with adjacent land uses. E. Adequate public facilities and services exist in the City to serve the proposed use and the demand for such use will not exceed the capacity for such services and facilities. F. The proposed change in use will not result in any adverse impacts on the natural environment. G. The proposed use will not adversely affect the property values in the area, or the general health, safety and welfare of the City or have an adverse impact on the financial resources of the City. H. The proposed use will result in an orderly and local development pattern. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. PROPERTY. The change in zoning classification created by the adoption of this ordinance shall affect the following described real property, now lying and being within the incorporated area of the City of Sebastian, Indian River County, Florida: See attached Exhibit "A" containing 5.9 acres more or less as depicted on the map within said Exhibit "A Section 2. REZONING. The real property described in the attached Exhibit "A" is hereby given an initial City zoning designation of Industrial (IN). Section 3. ZONING MAP. The official City Zoning Map shall be amended to include the real property described in the attached Exhibit "A" and reflect its designated zoning district as Industrial (IN). Section 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. SEVERABILITY. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid 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 7. EFFECTIVE DATE. This Ordinance shall take effect upon satisfaction of all conditions for the effectiveness of Ordinance 0- 09 -06. 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 Richard Gillmor Vice Mayor Jim Hill Councilmember Andrea B. Coy Councilmember Eugene Wolff Councilmember Don Wright The Mayor thereupon declared this Ordinance duly passed and adopted this day of 2009. ATTEST: CITY OF SEBASTIAN, FLORIDA Sally A. Maio, MMC Mayor Richard H. Gillmor City Clerk Approved as to form and legality for reliance by the City of Sebastian: Robert A. Ginsburg, City Attorney PARCEL 1 LEGAL DESCRIPTION: From the Southeast Corner of the Southwest 1/4 of Northeast 1/4 of Section 20, Township 31 South, Range 39 East, Run North 00 29'41" East a Distance 17.45 Feet to the intersection of the West Right of -Way of the F.E.C.R.R.; Thence run North 25 38'36" West along said West Right -of -Way a distance of 450 Feet to the point of beginning; Thence continue North 25 38'36" West along said West Right -of -Way a distance of 592.36 Feet; Thence run South 64 °21'36" West a distance of 150.00 Feet; Thence run North 25 °38'36" West a distance of 438.21 Feet; Thence run South 89 49'27" West a distance of 116.07 Feet; Thence run South 25 38'36" East a distance of 498.12 Feet; Thence run North 64 21'24" East a distance of 65.21 Feet; Thence run South 25 38'36" East a distance of 509.97 Feet; Thence run South 00 °17'14" East a distance of 362.06 Feet; Thence run South 58 48'28" East a distance of 59.88 Feet; Thence run North 89 °42'46" East a distance of 70.51 Feet; Thence run North 00 17'14" West a distance of 354.32 Feet; Thence run on a Circular Curve with a radius of 295.00 Feet Concave to the West a distance of 16.31 Feet; Thence run North 64 °21'24" East a distance of 89.84 Feet to the West Right -of -Way of the F.E.C.R.R. and P.O.B. Less and Except the following described property: EXHIBIT "A" Page 1 of 3 Being all of Lot 19, Breezy Village Mobile Home Subdivision, Unit II, According to the Unrecorded plat thereof being more particularly described as follows: Begin at the platted Northeast Corner of Tract C, Breezy Village Mobile Home Subdivision, Unit -I as shown on the plat thereof, Recorded in plat book 9, page 34 of the public records of Indian River County, Florida; Thence South 64 °21'34" West along the platted Northerly line of said Tract 6, 89.82 Feet to a point on a curve concave to the West having a radius of 295.00 Feet, a radial line from said point bears South 86 °32'43" West; Thence Northwesterly along the arc of said 295 Foot radius curve through a central angle of 14 54'47" a distance of 76.79 Feet, thence North 64 05'13" East, 70.34 Feet to the West Right -of -Way of the F.E.C.R.R. Right -of -Way; Thence South 25 54'57" East along said West Right -of -Way line 74.05 Feet to the P.O.B.; Subject to an easement for ingress and egress over the Easterly 15 Thereof. Said Parcel containing 4.535 Acres More or Less. PARCEL 2 LEGAL DESCRIPTION: EXHIBIT "A" Page 2 of 3 Beginning at the Intersection of the North Line of the Southwest Quarter of the Northeast Quarter of Section 20, Township 31 South, Range 39 East, with the Westerly Right -of -Way limit of Florida East Coast Railway (Said Right -of -Way Limit being 50 Feet Westerly from and parallel to the centerline of the original Main Track of said Florida East Coast Railway); Thence Southeasterly, along said Westerly Right -of -Way Limit, 400 Feet; Thence Southwesterly, at right angles to said Westerly Right -of -Way limit, 150 Feet; Thence Northwesterly 150 Feet Westerly from and parallel to said Westerly Right -of- -Way limit, to a point in said North line of Said Southwest Quarter of Northeast Quarter of Section 20, Thence East along said North Line to the Point of Beginning. Subject to Existing Public Highways. Said Parcel Containing 1.4 Acres more or less. EXHIBIT "A" Page 3 of 3 Subject: Nuisance Abatement/Lot Mowing Apo v r Submittal by: City Manager 1/ �f Agenda No. 0 Q 153 Department Origin: Date Submitted: For Agenda of: City Manager 11/6/09 11/18/09 -r Exhibits: EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: N/A CITY OF HOME OF PELICAN ISLAND SUMMARY The City currently uses a variety of mowing contractors, on an as needed basis, to provide mowing services for Code Enforcement abatement actions, but has never conducted a formal procurement process to hire different contractors. As reported in the last Current Topics update, the City spends between $25,000 $30,000 annually on abatement costs. These are placed on the properties cleaned in the form of a lien, if not reimbursed by the lot owner. The typical charge for mowing services is approximately $125. In our efforts to reduce operational costs and have a standard rotating abatement vendor list, the City solicited for Nuisance Abatement/Lot Mowing price proposals from qualified contractors. Four typical work items were bid based on the services most required. Those services included: Item #1 'A acre lot mowing; Item #2 '/2 acre lot mowing; Item #3 5' Undeveloped Lot "Cut Back and, Item #4 Debris Clean-Up. Eleven (11) vendors provided proposals as follows: CONTRACTOR Absolute Law Service Vero Beach, FL American Wave Landscaping Sebastian, FL Austins Lawn Tree Service 125.00 200.00 N/A 40.00 Sebastian, FL Buena Vista Lawn Service Sebastian, FL ITEM #1 ITEM #2 ITEM #3 ITEM #4 75.00 125.00 17.75 17.75 25.00 45.00 35.00 35.00 25.00 50.00 25.00 30.00 Conlon Landscaping Maintenance Sebastian, FL 65.00 75.00 85.00 40.00 CONTRACTOR Greener Pastures Turf Palm Bay, FL Lawn Beauticians Sebastian, FL Micco Land and Tree Service Sebastian, FL Robert Fuegel Lawn Care Sebastian, FL Suncoast Lawn and Landscape Sebastian, FL Sunshine Land Design Stuart, FL ITEM #1 ITEM #2 ITEM #3 80.50 161.00 50.00 85.00 100.00 N/A 90.00- 125.00 175.00 95.00 N/A 200.00 300.00 75.00 40.00 50.00 75.00 75.00 50.00 60.00 80.00 55.00 40.00 ITEM #4 45.00 60.00 In order to keep the work flow progressing, multiple vendors are required. Therefore, staff averaged the bids and recommends awarded of each task to the vendors as listed below. The listed vendors were at or below the average price. Item #1 is the most typical service and the new vendor list is aimed at reducing costs from an average of $125.00 per mow to $80.00 and below. Absolute Award: Item 1,2,3,4 American Wave Landscape Award: Item 1,2,3,4 Buena Vista Lawn Service Award: Item 1,2,34 Conlon Landscaping Maintenance Award: Item 1,2,3,4 Greener Pastures Award: Item 1,2,34 Lawn Beauticians Micco Land Tree Robert Fuegel Lawn Care Suncoast Lawn Sunshine Land Design Award: Item 2 only Award: Item 3 only Award: Item 3,4 Award: Item 1,2,3,4 Award: Item 1,2,3,4 Should Council approve this recommendation, Staff will execute the enclosed agreement with each vendor and award work accordingly based on price, availability and performance. RECOMMENDED ACTION Move to award the Nuisance Abatement/Lot Mowing RFP to the above contractors for specific services and fees as listed above and authorize the City Manager to execute a contract itemizing these services to be provided on an as needed rotation basis. NUISANCE ABATEMENT MOWING SERVICES THIS AGREEMENT made this day of 200_, by and between the CITY OF SEBASTIAN, a municipal corporation of the State of Florida, 1225 Main Street, Sebastian, Florida 32958 "City and "Contractor sets forth that: WHEREAS, The City desires to engage a Contractor who has special and unique competence and experience in mowing maintenance services; and WHEREAS, the Contractor represents that it has such competence and experience in providing these services; and WHEREAS, the City in reliance on such representation has selected the Contractor in accordance with the requirements of law; and WHEREAS, the City and the Contractor desire to reduce to writing their understanding and agreements on such; IT IS, THEREFORE AGREED as follows: 1. TERM. This Agreement shall run through September 30, 2010. However the Agreement shall be automatically renewed on October 1 each year thereafter, absent delivery by either party no later than the preceding August 1 of written notice of its intent to allow the agreement to lapse. Notwithstanding the automatic renewal provision above, the Agreement shall not extend beyond September 30, 2012. 2. AGREEMENT DOCUMENTS. The Agreement Documents (also called Contract Documents) consist of this Agreement, Supplemental Agreement(s), Bid Proposal Price Form, Instructions to Bidders, the Technical Specifications, Contractor Qualification Questionnaire, Attachments, Work Orders, Change Orders, Addenda if any, any other documents listed in the Agreement Documents, written modifications issued after execution of this Agreement if any, shall be incorporated herein and are to be construed as part of this Agreement. a. Intent. The Agreement and Technical Specifications are an integrated part of the Contract Documents and as such will not stand alone if used independently. The Technical Specifications are end result oriented and establish minimum standards of performance and quality for this Work. They do not purport to cover all details of performing the Work. The intent of the Agreement Documents is to set forth requirements of performance. It is also intended to include all labor and supervision, materials and supplies, equipment and tools, and transportation necessary for the proper execution of the Work, and to require complete performance of the Work in spite of omission of specific reference to any minor component part and to include all items necessary for the proper execution and completion of the Work by the Contractor. Performance by the Contractor shall be required only to the extent consistent with the Agreement Documents and reasonably inferring from them as being necessary to produce the intended results. b. Entire and Sole Agreement. Except as specifically stated herein, the Agreement Documents constitute the entire agreement between the parties and supersede all other agreements, representations, warranties, statements, promises, and understandings not specifically set forth in the Agreement Documents. Neither party has in any way relied, nor shall in any way rely, upon any oral or written agreements, representations, warranties, statements, promises or understandings not specifically set forth in the Agreement Documents. c. Amendments. The parties may modify this Agreement at any time by written agreement. Neither the Agreement Documents nor any term thereof may be changed, waived, discharged or terminated orally, except by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought. d. Construing Terms. This Agreement shall not be construed against the party who drafted the same, as both parties have obtained experts of their choosing to review the legal and business adequacy of the same. 3. EMPLOYMENT OF CONTRACTOR. The City hereby agrees that it may engage the Contractor and the Contractor hereby agrees to perform mowing maintenance and other related services of the entire right -of -way and easement areas of various size ditches, as well as the entire width of road right -of -ways swale areas for the City in accordance with the Agreement Documents. 4. TECHNICAL SPECIFICATIONS AND RELATED DATA. The intent of the Technical Specifications and other Agreement Documents is that the Contractor furnishes all labor, supplies and materials, tools and equipment, supervision and transportation necessary for the proper execution of the Work unless specifically noted otherwise. The Contractor shall do all the work described in the Agreement Documents and all incidental work considered necessary to complete the Work and /or operation in a manner acceptable to the City. Any discrepancies found between the Technical Specifications and site conditions, or any errors or omissions in the Technical Specifications, shall be immediately reported to the City. The City shall promptly determine the validity and seriousness of the claimed condition and correct any such error or omission in writing, or otherwise direct Contractor. Any work done by the Contractor after his discovery of such discrepancies, errors or omissions shall be done at the Contractor's risk. Any correction of errors or omissions in the Technical Specifications may be made by the City when such correction is necessary for the proper fulfillment of their intention as construed by City. Where said correction of errors or omissions, except as provided in the next paragraph below, adds to the amount of work to be done by the Contractor, compensation for said additional work shall be negotiated between the parties and must be issued as a written change order before any such additional work is performed or no additional compensation shall be made. The fact that specific mention of any part of work is omitted in the Technical Specifications, whether intentionally or otherwise, when the same are usually and customarily required to complete fully such work as is specified herein, will not entitle the Contractor to consideration in the matter of any claim for extra compensation, but the said work must be performed and completed the same as if called for by the Agreement Documents. All work, equipment, tools, supplies and material usual and necessary to make the Work complete in all its parts, whether or not they are indicated or mentioned in the Technical Specifications, shall be furnished and executed the same as if they were called for by the same. The Contractor will not be allowed to take advantage of any errors or omissions in the Technical Specifications. The City will provide full information when errors or omissions are discovered. In any conflict between the general terms of this Agreement, and the Technical Specifications, the provisions of the latter shall prevail. 2 5. COMPENSATION. Payment shall be made in accordance with the prices set forth in the attached exhibit titled "Bid Proposal Price Form consisting of the Contractor's unit prices, as billed after the unit area is completely mowed by the Contractor and verified by the appropriate City personnel. Payments shall not be made for Work deemed incomplete or deficient by the City. At time of billing, the Contractor shall submit an invoice with the supporting Work Performance Statements documenting all work completed and accepted work by the City to the Public Works Department and payment shall be made within thirty (30) days of receipt. a. Claims. Claims arising from changes or revisions made by the contractor at the City's request shall be presented to the City before work starts on the changes or revisions. If the Contractor deems that extra compensation is due for work not covered herein, or in a Supplemental Agreement, the Contractor shall notify the City in writing of its intention to make claim for extra compensation before work begins on which the claim is based. If such notification is not given and the City is not afforded by the Contractor a method acceptable to the City for keeping strict account of actual cost, then the contractor hereby waives its request for such extra compensation. The city is not obligated to pay the Contractor if the City is not notified as described above. The Contractor may refuse to perform additional work requested by the City until an appropriate agreement is executed by the parties. Such notice by the Contractor and the fact that the city has kept account of the costs as aforesaid shall not in any way be construed as proving the validity of the claim. b. The City reserves the right to increase or decrease the amount a unit area(s) is mowed at any time. The City guarantees to the Contractor that the listed areas will be mowed at least once in the contract year. The Unit Price on the Bid Proposal Price Form is a fixed rate. The annual cost represents the current amount of maintenance the listed areas have received and an estimated quantity the City wishes to receive. If the City increases or reduces its mowing maintenance requirements, the payments to the Contractor shall likewise be increased or reduced in appropriate amounts based on the Unit Price. 6. CONTRACTOR'S DUTY. Contractor shall supervise and direct the Work, using Contractor's best skill and attention. Contractor shall be solely responsible for and have control over workmanship, means, methods, techniques, procedures and for coordinating all portions of the Work under this Contract, unless the Contract Documents give other specific instructions concerning these matters. Unless otherwise provided in the Contract Documents, Contractor shall provide and pay for labor, materials, supplies, equipment, tools, transportation, facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. Unless otherwise provided in the Contract Documents, Contractor must have proof of ownership, or a signed lease for the duration of the Contract for equipment and tools suitable and necessary for meeting the Work requirements of this Contract. The Contractor shall keep on hand a sufficient supply of back -up equipment to ensure the timely and continue fulfillment of this Agreement. Unless otherwise provide in the Contract Documents, Contractor shall pay all sales, use and other similar taxes. 3 Contractor currently holds and shall maintain at all times during the term of this Contract all required federal, state and local licenses and permits necessary to perform the Work required under the Contract Documents. The Contractor shall arrange to minimize the obstruction of streets and right -of -ways areas, and keep streets, sidewalks and driveways open for traffic whenever possible. The Contractor shall block portions of streets, sidewalks and driveways only when required by local authorities and ordinances and when deemed necessary to protect persons and property. The Contractor shall secure all permits and licenses required by law and ordinances, pay all charges and fees, and give all notices necessary regarding the temporary obstruction of streets, sidewalks and driveways. 7. PERSONNEL. The Contractor represents that it will secure at its own expense all personnel and sub Contractors required for services which are necessary to complete the Work described in this Agreement. All services under this Agreement shall be performed by the Contractor or sub Contractor and all persons engaged in work under the Agreement shall be qualified to perform such services and authorized under federal, state and local laws to perform such services. Personnel who perform services under this Agreement shall not be employees of the City. All workmen must have sufficient knowledge, skill and experience to perform properly the work assigned to them. Any foreman or workman employed by the Contractor or sub Contractors who, in the opinion of the City does not perform his work in a skillful manner, or appears to be incompetent or to act in a disorderly or intemperate manner shall, at the written request of the City, be discharged immediately and shall not be employed again in any portion of the Work without the approval of the City. The Contractor shall at all times be responsible for the conduct and discipline of his employees and /or any sub Contractor or persons employed by sub Contractors. All personnel shall, at all times, present a neat appearance, and all Work shall be performed and all complaints handled effectively and efficiently with due regard to City public relations. The City and the Contractor shall be immediately notified by each other of any complaints received. The Contractor is required and hereby agrees by accepting this Agreement to pay all employees not less than the Federal Minimum Wage and to abide by other requirements as established by the Congress of the United States in the Fair Labor Standards Act; as amended, and changed from time to time. The Contractor shall provide a statement that it is an Equal Opportunity Employer. 8. TERMINATION OF CONTRACT WITH OR WITHOUT CAUSE. This Agreement may be suspended or terminated by the City with or without cause provided at least five (5) days written notice of such termination shall be given to the Contractor. In the event the City without cause abandons, terminates or suspends this Agreement for greater than thirty (30) days, the Contractor shall be compensated for services rendered up to the time of such termination. 9. CITY'S PROJECT MANAGER. City shall designate a Project Manager. All work done by the Contractor shall be subject to the review, inspection and acceptance of the Project Manager and City. Any and all technical questions which may arise as to the quality, completeness and acceptability of work performed, or work to be performed, interpretation of Technical Specifications and all technical questions as to the acceptable 4 fulfillment of the Contract on the part of the Contractor shall be referred to the City Manager who will resolve such questions. All Work shall be subject at all times to inspection and review by the Project Manager and the City. In addition, the inspection and review may also include and apply to the tools and equipment used by the Contractor for the performance of Work. Upon request or on his /her own initiative, the Project Manager will accompany the Contractor to work areas to further clarify requirements. All Work described in this Agreement shall be performed at the request of the City. The Contractor will provide for review by the City a detailed tentative annual schedule of the Work. The Contractor shall also provide detailed weekly schedules as required by the Technical Specifications. The City shall not be responsible for the acts or omissions of the Contractor. 10. PROJECT SCHEDULES. The Contractor shall perform the services outlined under Paragraph 3 of this Agreement in a timely manner consistent with the assignment schedules as mutually agreed upon by the City and the Contractor. A delay beyond the Contractor's control occasioned by an "Act of God" may entitle the Contractor to an extension in which to complete the Work as determined by the City provided, however, the Contractor shall immediately give written notice to the City of the cause of such delay. "Rain day" extensions shall be granted upon written request of the Contractor to the City's Project Manager when said Project Manger determines that weather conditions make it counterproductive to work on said days. "Rain Day" requests must be submitted at the end of each work week or be waived, and the cumulative "rain day" extensions granted shall be documented. The City shall have the authority to suspend the Work wholly or in part, for such periods as may be deemed necessary and for whatever cause, by serving written notice of suspension to the Contractor. In the event that the Project Manager shall become aware of any condition that may be cause for suspension of the Work, the Project Manager shall immediately advise the City of such condition. The Contractor shall not suspend operations under the provisions of this Paragraph without the City's permission. In the event that the City suspends the Work, the Contractor shall be granted an extension of time to complete the Work for as many calendar days as the work was suspended; except that the Contractor will not be granted an extension of time to complete the Work if the suspension was caused by a fault of the Contractor. 11. PROTECTION OF PERSONS AND PROPERTY. The Contractor shall exercise precaution at all times for the protection of persons and property. The Contractor shall strictly comply with all safety provisions of all applicable laws and ordinances and shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work in accordance with the U.S. Department of Labor Occupational Safety and Health Act and the laws of the state of Florida. The Contract requires that the Contractor and any and all sub Contractors hired by the Contractor comply with all relevant standards of the Occupational Safety and Health Act. Failure to comply with the Act constitutes a failure to perform. The Contractor agrees to reimburse the City for any fines and /or court costs arising from penalties charged to the city for violations of OSHA committed by the Contractor or any and all sub Contractors. The Contractor agrees that it is his responsibility that all personnel working on or in proximity of the roadway shall comply with and wear protective gear as described in the Manual on Uniform Traffic Control Devices (MUTCD), International Municipal Signal Association (IMSA) work zone traffic control safety requirements and other approved standards. 5 The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to, all employees on the Work and all other persons who may be affected thereby; all the tools and equipment to be incorporated therein, whether in storage on or off the project site, under the care, custody or control of the Contractor or any of his sub Contractors; and other property on the project site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, structures and utilities. The Contractor shall perform any work and shall furnish and install materials and equipment necessary during an emergency endangering life or property. In all cases, Contractor shall notify the Project Manager and City of the emergency as soon as practicable, but Contractor shall not wait for instruction before proceeding to properly protect both life and property. The City has the right to order the Contractor to discontinue hazardous work practices upon verbal or written notice. It is required that the Contractor keep and maintain all the necessary protective devices in place and in proper condition at all times where Work is being performed to prevent injury to persons or damage to public or private property. The Contractor shall be held fully responsible for such safety and protection until the end of the Term and /or termination of this Contract. 12. CLEANING UP. The Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by Contractor's employees or work. The Contractor shall remove all debris and surplus materials as a result of his work activities and shall leave the work areas clean and shall insure that all debris and other unsightly objects are removed and disposed of in a satisfactory manner. It is the Contractor's responsibility to remove all such surplus materials and debris from streets, driveways and sidewalks as work progresses in order that the public will have adequate use of the affected streets, sidewalks and driveways. The Work will be considered complete only after all debris and surplus material due to or connected with the work have been removed and the surrounding area left in a condition satisfactory to the City. In the event the City finds that the Contractor has not complied in keeping the job site clean, the City may, after twenty -four (24) hours written notice to the Contractor to correct the situation, elect to have the job site cleaned by an independent labor force. The cost of cleaning by said independent labor force shall be deducted from moneys due the Contractor. 13. REPORTING DAMAGE. Any vandalism, storm damage or damage by the Contractor, sub Contractor or suppliers to the area or trees, bushes, culvert pipes, storm water swale lines, street signs, end walls, walks, utilities or City property shall be reported to the City immediately by the Contractor. Damage to City property for which the Contractor is responsible will either be repaired by the Contractor or repaired by the City and deducted from the monthly sum due to the Contractor. 14. SUBCONTRACTS AND ASSIGNABILITY. The Contractor shall not assign any interest in this Agreement and shall not transfer any interest in the same without the prior written consent of the City. Any sub Contractors or other work which is performed by persons or firms other than the Contractor under this Agreement or any work orders shall have prior written approval of the City Manager. Any subcontracts or outside associates or contractors required by the Contractor in connection with services covered by this Agreement must be specifically approved by the City Manager. 6 15. INDEMNIFICATION. For other and additional good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Contractor shall and does hereby indemnify, hold harmless and defend the City of Sebastian, its officers, agents, officials, representatives and employees against any and all liability, loss, cost, damages, expenses, claim or actions, or whatever type, including but not limited to attorney's fees and suit costs, for trial and appeal which the City of Sebastian, its officers, officials, agents, official representatives or employees or any other person(s) or business entity(ies) who may hereafter sustain, incur or be required to pay, arising wholly or in part due to any act or omission of Contractor, its agent(s), vendors, sub Contractor(s), representatives, servants, or employees in the execution, performance or nonperformance or failure to adequately perform Contractor's obligations pursuant to this contract. 16. INTERESTS OF CITY OFFICIALS. No officers, members or employees of the City and no members of its governing body, and no other public official of the governing body of the locality or localities in which services for the facilities are situated or carried out, who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of the services in this Agreement, shall participate in any decision relating to this Agreement which affects his personal interest, or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. 17. CERTIFICATION OF RESTRICTIONS ON LOBBYING. The Contractor agrees that no Federal appropriate funds have been paid or will be paid by or on behalf of the Contractor to any person for influencing or attempting to influence any officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress or any employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any Federal loan, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment or modification of any Federal contract, Grant, loan or cooperative agreement. If any funds other than Federal appropriated funds have been paid by the Contractor to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with any FDOT Joint Participation Agreement, the undersigned shall complete and submit Standard Form -LLL "Disclosure Form to Report Lobbying" in accordance with its instructions. 18. CONFLICT OF INTEREST. The Contractor covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which shall conflict in any manner or degree with the performance of services required to be performed under this Agreement. The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed. The Contractor shall not undertake any professional work which conflicts with his duties as the City's Contractor without the prior written consent of the City during the term of this Agreement. Any work the Contractor can reasonably anticipate that it may be called to testify as a witness against the City in any litigation or administrative proceeding will constitute a conflict of interest under this Agreement. 19. COMPLIANCE WITH LAW. The Contractor expressly agrees to comply with all known laws and regulations relating to providing services under this Agreement. The failure of the Contractor to adhere to any known law or regulation pertaining to furnishing services under this Agreement shall constitute a material breach of this Agreement. 20. WAIVER. The waiver by the City of any of the Contractor's obligations or duties under this Agreement shall not constitute a waiver of any other obligation or duty of the Contractor under this Agreement. 7 21. PUBLIC ENTITY CRIME. The Contractor shall file a sworn statement with the City which is attached hereto, stating whether a person or affiliate as defined in Section 287.133 (1), Florida Statutes, has been convicted of a p blic entity crime subsequent to July 1, 1989, in accordance with the provisions of section 87.133 of the Florida Statutes. 22. COVENANT AGAINST CONTINGENT FEE The Contractor warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor to solicit or secure this Agreement and that he has not paid or agreed to pay any person, company, corpo ation, individual or firm, other than a bona fide employee working solely for the Contractor any fee, commission, percentage, gift or any other consideration contingent upon r suiting from the award or making of this Agreement. For the breach or violation of this paragraph, the City shall have the right to terminate the Agreement without liability and, at its discretion, deduct from the Agreement price, or otherwise recover, the full amount f such fee, commission, percentage, gift or consideration. 23. GUARANTEE. The Contractor shall warrant perform the Work are in safe and proper op guarantee shall in no way limit or relieve claims or breach of contract due to substand all equipment and tools furnished by him to rating condition and free of defects. Such he Contractor of liability from subsequent rd Work or workmanship. Any Work which does not satisfactorily maet the Technical Specifications whether the result of poor workmanship, use of defective tools and equipment, damaged through carelessness or from other cause shall be 6orrected within ten (10) days after written notice is given by the City. The fact that the! ity may have previously overlooked such defective work shall not constitute an acceptance of any part of it. Should the Contractor fail to correct rejected work promptly, the City shall impose Liquidated Damages. 24. NON PERFORMANCE CLAUSE. The Contractor recognizes that due to the nature of the services to be performed under this Agreement, it is essential that the Work be completed in a timely manner in accordance with the schedules approved by the City. Non performance /deficiencies as identified I by the City to the Contractor shall be addressed in the following manner: If the City identifies any Work Unit or portion thereof as service deficient, the City shall notify the Contractor verbally or in writing s time permits. The Contractor shall be required to correct such deficiencies within tehi (10) days. If the deficiency has not been corrected to the satisfaction of the City within he time frame provided, the City may have the work performed by either its internal per onnel or a third party and charge the cost against payments due the Contractor. epeated deficiencies may result in the termination of this Agreement. 25. LIQUIDATED DAMAGES. If the Contractor fails to performed the Work in accordance with the Agreement, the City shall hold all the payments request for deficient Work. The City will not pay the Contractor for unsatisfactory performance. If the City determines it is necessary to accomplish the work with it own resources or hire a third party to perform work that was neglected or done poorly by the primary Contractor, the City may charge back or deduct incurred costs from monies due to the primary Contractor. The Contractor acknowledges that due to the nature of the Work under this Agreement, time is of the essence. The Contractor also acknowledges the difficulties involved in proving the actual losses suffered by the City should the scheduled work not be completed on time. 8 Accordingly, at the option of the City, in lieu of providing such proof to the Contractor, the City may impose liquidated damages for deficiencies and delays of one hundred dollars ($100) per day for each Ditch that is deficient and compound it each day that the deficiency exists, and /or for each Collector Road or City Unit with a Swale that is deficient and compound it each day that the deficiency exists. The liquidated damages start 48 hours after the Contractor has been verbally notified of the deficiency. This amount represents an estimate of the City's damages for aesthetic and functional loss to its citizens and administrative costs associated with the deficiencies and delays. 26. DRUG -FREE WORKPLACE. The contract documents also consist of the "Drug -Free Workplace Form" which is in accordance with Florida Statute 287.089 and must be signed. 27. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Florida and venue for any action pursuant to Agreement Documents shall be in Indian River County, Florida. The parties hereto expressly waive trial by jury in any action to enforce or otherwise resolve any dispute arising hereunder. 28. INSURANCE. The Contractor agrees to carry insurance, of the types and subject to the limits as set forth below and maintain said insurance during the life of this agreement: a. Workers' Compensation Contractor shall purchase workers' compensation insurance as required by law. b. Commercial General Liability Contractor shall purchase Commercial General Liability insurance with a combined single limit of at least $1,000,000. c. Commercial Auto Liability Contractor shall purchase Commercial Auto Liability insurance with a combined single limit of at least $1,000,000. Further, Contract shall maintain such insurance as is reasonably required to satisfy its obligations to protect the Work paid for by the City but not yet accepted. The insurance company selected shall be A+ or better per the Best's Key Rating Guide. The Contractor and the insurance company(s) shall agree to furnish the City thirty (30) days written notice of their intent to cancel or terminate said insurance. It is the full responsibility of the Contractor to insure that all sub Contractors have full insurance coverage as stated above. The Contractor shall not commence the Work under this contract until his has obtained all the insurance required under this paragraph and certificates of such insurance have been submitted to the City, nor shall the Contractor allow any sub Contractor to commence work on his subcontract until all insurance required has been so obtained and approved by the City. The Contractor shall carry and maintain until acceptance of the Work, insurance as specified herein and in such form as shall protect him and any sub Contractor performing work under this Contract, or the City, from all claims and liability for damages for bodily injury, including accidental death, under this Contract, whether by himself or by any subcontractor or by any one directly or indirectly employed by either of them. The Contractor shall furnish to the City certificates of insurance in duplicate showing proof of insurance, naming the City as an additional insured party, prior to the start of Construction as provided in the Contract. 9 98J IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. ATTEST (SEAL): THE CITY OF SEBASTIAN Sally A. Maio, MMC City Clerk Approved as to form and legality for Reliance by the City of Sebastian only: Robert A. Ginsburg, City Attorney Signed, sealed and delivered CONTRACTOR In the presence of: Name: B Print Name: Name: Name: Title: Print Name: 10 Al Minner City Manager L cmr a HOME OF PELICAN ISLAND City of Sebastian 1225 Main Street Sebastian, Florida 32958 Review of Resolution R -09 -05 Council Meeting Procedures A. ro -d for Submittal by: City Manager /f r 4---- Agenda No. Dept. Origin: City Attorney: For Agenda of: o� 0O' i City Clerk 11/18/09 I in er Exhibits: Resolution No. R -09 -05 Expenditure Required: N/A Amount Budgeted: N/A Appropriation Required: N/A Each year after the seating establishing City Council for the benefit of new Our latest adopted version Review and amend at receive consensus, we December. SUMMARY STATEMENT the resolution is reviewed amendments for approval in of the new City Council, meeting times and procedures members. is R- 09 -05. RECOMMENDED ACTION Council's direction. If any suggested will bring back a new version 0 RESOLUTION NO. R -09 -05 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING RESOLUTION NO. R- 08-09; ESTABLISHING THE DATES AND TIMES FOR CITY COUNCIL MEETINGS AND WORKSHOPS; ADOPTING ROBERTS RULES OF ORDER; PROVIDING FOR PROCEDURES FOR AGENDA PREPARATION, AGENDA FORMAT, AGENDA MODIFICATIONS, PUBLIC INPUT, PUBLIC HEARINGS, AND VERBATIM TRANSCRIPTS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Indian River County, Florida, believes it to be in the best interest of the citizens of Sebastian to provide clear direction to establish Council meeting times and dates and provide for conduct of City Council meetings; and WHEREAS, the City Council at its January 14, 2009 Regular Meeting, reached consensus to make minor adjustment to the order of the agenda, replace moment of silence with invocation and remove the civility pledge which amend exhibit "A" of R- 08 -09. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, as follows: SECTION 1. CITY COUNCIL MEETING DATE AND TIME. A. Regular Meetings: Regular Meetings shall be held on the second and fourth Wednesday of each month at 6:30 p.m. and shall adjourn at 10:00 p.m. unless extended by a majority vote of City Council members present. All unfinished business at adjournment shall be carried to the beginning of the next Regular City Council meeting unless, prior to the agenda deadline for that next meeting, items are placed on a special meeting agenda. B. Workshops: Workshops, when necessary, may be held prior to Regular Meetings or on the first and third Wednesdays of the month no earlier than 5:00 p.m. and shall adjourn no later than 10:00 p.m. All unfinished business at adjoumment shall be carried to the beginning of the next scheduled workshop. C. Special Meetings for Other Purposes: Special meetings for purposes other than quasi-judicial hearings may be called in accordance with the Charter of the City of Sebastian and shall begin no earlier than 5:00 p.m. Special meetings shall adjourn at 10:00 p.m. D. Quasi-judicial Hearings: Quasi-judicial hearings, when anticipated to be lengthy, may be conducted at special meetings called in accordance with the Charter for such purpose on the first and third Wednesday of the month or may be placed on a regular meeting agenda at the discretion of the City Manager. E. Extension of Adjournment Time. A meeting may be extended beyond the time set for adjournment by a majority vote of City Council members present. A motion to extend the meeting time shall be made only once during the meeting and the motion shall be for no more than a thirty (30) minute extension. SECTION 2. NO SUBSTANTIVE DECISIONS AT WORKSHOPS. At workshops, matters may be discussed and placed on an appropriate City Council meeting agenda for formal action. Substantive decisions shall not be made at workshops. SECTION 3. ROBERTS RULES OF ORDER ADOPTED. The City Council will follow the current edition of Robert's Rules of Order Newly Revised* as a general guideline in the conduct of all meetings and workshops. Failure to follow said rules shall not affect the validity of any action taken. (*language prescribed by Robert's Rules) The City Council recognizes Robert Rules of Order are not applicable to every procedural matter goveming a public official in the State of Florida. Each Council Member must vote on all motions unless a Council Member has a conflict of interest. A Council Member may make a motion, second a motion or participate in discussion on a motion without relinquishing the chair. Members of Council have the exclusive right to raise questions of procedure or a point of order to the Chair and have the Chair rule on the procedure or point of order. Any member of Council may appeal the decision of the Chair to the entire Council. SECTION 4. AGENDA SUBMITTAL DEADLINE AND PREPARATION. The City Manager is directed to prepare agendas for all City Council meetings. Documentation for items on agendas must be submitted to the City Clerk not later than noon on the Thursday preceding the respective meeting to expedite the preparation of agenda packets. SECTION 5. AGENDA MODIFICATION. City Council, by a unanimous vote of its members present, may modify the agenda to add an additional agenda item, or move an item on the agenda and, in such event, an individual who wishes to address City Council with respect to the new agenda item, shall be afforded a reasonable opportunity to address City Council on such new agenda item. SECTION 6. AGENDA FORMAT AND GUIDELINES FOR REGULAR MEETINGS. The general format and guidelines for Regular City Council meeting agendas shall be in the form attached hereto as Exhibit "A However, Council may change the order of agenda headings by majority vote without need of amending this Resolution. Any public presentations allowed shall be placed under Public Input or New Business, unless at the discretion of the City Manager or the majority of Council an item is considered an emergency or timely matter. SECTION 7. ORDER FOR PUBLIC HEARINGS (OTHER THAN QUASI- JUDICIAL) BEFORE CITY COUNCIL. The order for public hearings (other than quasi-judicial) before City Council is as follows: A. Order of Business: 1. Chairperson shall announce the opening of the public hearing. 2. Where applicable, City Attorney shall read the Ordinance or Resolution by title unless the City Charter, Code of Ordinances and /or Florida Statutes requires more than the title be read. 3. Chairperson, if appropriate, shall announce the rules that apply to the hearing. 4. City staff shall make a presentation, comments and preliminary recommendation, if any. 5. Applicant presentation, if necessary. 6. Public input. 7. City staff final comments and recommendation, if any. 8. Chairperson closes hearing unless hearing continuation granted by the affirmative vote of three Council members. B. Continuance of Public Hearing. City Council may continue a public hearing unless a continuance would violate City Charter, City Code, State or Federal law. A public hearing may be continued to a time certain that the hearing will be re- opened and shall be 2 stated in the record, or a continuance may be indefinite and subject to being renoticed. City Council may defer action on a matter and continue the public hearing for receipt of written comments on the matter. C. Deferring Decision on Merits. City Council may defer a decision on the merits of any matter pending as a result of a public hearing. SECTION 8. PROCEDURES FOR PUBLIC INPUT. A. Where Permitted on Council Meeting Agendas. 1. Regular Meetings. Public input is allowed under Consent Agenda, Public Hearings, Unfinished Business, New Business, and Public Input. Public input is not allowed under the headings of Proclamations, Awards, Brief Announcements (except for individuals giving or accepting proclamations or awards); Committee Reports and Appointments (except for committee members giving reports and applicants being interviewed for committee appointments); and City Council or Charter Officer Matters. Council may, by majority vote, call upon an individual to provide input if desired. 2. Workshops and Special Meetings. At workshops and special meetings, public input is limited to the item on the agenda. B. Procedures for All Public Input. 1. Time Limit. Individuals who wish to address the City Council on any agenda items where public input is permitted on agendas are allowed five minutes to speak on that item, however, City Council may extend or terminate an individual's time by majority vote of Council members present. 2. Input Directed to Chair. Speakers shall address the City Council immediately prior to City Council deliberation of the agenda item and all input shall be directed to the Chair, unless answering a question of a member of City Council or City staff. Individuals shall not address City Council after commencement of City Council deliberation on an agenda item after public input has concluded, provided, however, the Mayor and members of City Council may recall an individual to provide additional information or to answer questions. 3. Certain Remarks Prohibited. Personal, impertinent, and slanderous remarks, political campaigning and applauding are not permitted and may result in expulsion from the meeting. The Chair shall make determinations on such remarks, subject to the repeal provisions below. C. Chair to Control Meeting. In controlling the meeting during public input, the Chair will take the following actions: 1. First Offense verbal warning to move on. 2. Second Offense offender is directed to be seated. 3. Third Offense (refusal to be seated or other disruptive acts) offender will be asked to leave the premises. D. Appealing Decisions of Chair. Any member of Council may appeal the decision of the Chair to the entire Council. A majority vote of City Council shall overrule any decision of the Chair. E. Public Input. The heading on Regular Meeting agendas "Public Input" provides an opportunity for individuals to bring new information or requests to City Council not otherwise on the prepared agenda. Individuals are asked to attempt to resolve matters with staff prior to meetings. Individuals are asked to provide copies of material for Council one week prior to the meeting if they intend to refer to specific material. City Council will not debate an issue during Public Input but may by consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. SECTION 9. VERBATIM TRANSCRIPTS OF CITY COUNCIL MEETINGS. Any person who decides to appeal any decision made by the city council with respect to any matter considered at any meeting or hearing will need a record of the proceedings and may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be heard, in accordance with 286.0105 Florida Statutes. The City Clerk's office is not required to prepare verbatim transcripts or parts of any minutes of City Council meetings unless City Council, by majority vote, directs verbatim transcripts for any parts of any minutes it deems necessary and proper for conduct of internal affairs of city. SECTION 10. RULES AS GUIDELINES. It is intended that the rules set forth in this Resolution merely provide a guideline for the effective operation of the business meetings of City Council, and no rights are bestowed upon any parties by the adoption of these rules. A. Suspension of Rules. Any provisions of this Resolution may be suspended for good cause by the affirmative vote of at least three Council members. The good cause shall be stated on the record. B. Failure to Follow Rules. If City Council fails to strictly abide by any provision of this Resolution, such failure shall not invalidate action taken by City Council or staff. SECTION 11. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed, including Resolution No. R- 08 -09. SECTION 12. EFFECTIVE DATE. This Resolution shall take effect upon its adoption. The foregoing Resolution was passed for adoption by Council Member Coy was seconded by Council Member Hill and upon, being put to a vote, the vote was as follows: Mayor Richard H. Gillmor aye Vice Mayor Jim Hill aye Council Member Andrea Coy aye Council Member Dale Simchick aye Council Member Eugene Wolff aye The Mayor thereupon declared this Resolution duly passed and adopted this 28th day of January 2009. CI SEB TI FLORIDA 4 `ot Richard Gillmor, Mayor 4 ATT Sally A. Ma' MMC City Clerk (SEAL) Approved as to Form and Content for Reli. •ce by the City of Sebastian Only: Robert A. Ginsburg, City orney Po) EXHIBIT "A" SEBASTIAN CITY COUNCIL REGULAR MEETING AGENDA FORMAT AND GUIDELINES 1. CALL TO ORDER 2. INVOCATION 3. PLEDGE OF ALLEGIANCE 4. ROLL CALL 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members. Deletions do not apply. 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS This item is for presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 8. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. 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. 9. COMMITTEE REPORTS APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 10. PUBLIC HEARINGS Procedures for Public Hearings: Mayor opens hearing Attorney reads title Applicant presentation if necessary Staff presentation Public input Staff summation Mayor closes hearing Council action 11. UNFINISHED BUSINESS 12. PUBLIC INPUT Public Input is five minutes, however, it can be extended or terminated by a majority vote of Council members present 13. NEW BUSINESS 14. CITY ATTORNEY MATTERS No public input under this heading 15. CITY MANAGER MATTERS No public input under this heading 16. CITY CLERK MATTERS No public input under this heading 17. CITY COUNCIL MATTERS No public input under this heading 18. ADJOURN (All meetings shall adjourn at 10:00 pm unless extended for up to one half hour by a majority vote of City Council) Any provisions of this Resolution may be suspended for good cause by the affirmative vote of at least three Council members. The good cause shall be stated on the record (Section 10) 6 Subject: City Council Member Liaison Appointments to Various Regional Boards and Committees Mayor's Matters Approved for Submittal by: City Manager Agenda No. 0 q 15y Department Origin: City Attorney: City Clerk: Citv Clerk For Agenda of 11/18/09 Al Minner Exhibits: Liaison List EXPENDITURE REQUIRED: AMOUNT AVAILABLE IN BUDGET: APPROPRIATION REQUIRED: HOME OF PELICAN ISLAND CITY OF SEBASTIAN AGENDA TRANSMITTAL SUMMARY Each year after the seating of a new City Council, the Mayor, under his/her matters at the first regular meeting, requests volunteers and makes assignments of City Council members to various regional boards and committees. The Mayor asks that each member review the list so that you know your preferences when the item is addressed at the meeting. For the new members, a complete updated list of regional boards is attached. RECOMMENDED ACTION Mayor Gillmor will ask for volunteers and appoint City Council members accordingly. SEBASTIAN CITY COUNCIL MEMBERS LIAISONS TO COUNTY AND REGIONAL BOARDS November 2009 October 2010 AFFORDABLE HOUSING ADVISORY COMMITTEE (Indian River County) Resolution 2008 -038 approved 3/18/08 reestablishes the Affordable Housing Advisory Committee adopted by Ordinance 1993 -013 and codified as Chapter 308 of the Indian River County Code and in conformance with the 2007 Florida Legislature's revision of Section 420.9076 of the Florida Statutes. The Affordable Housing Advisory Committee shall consist of a non voting Chair, 5 voting municipality representatives and 11 voting members appointed by the Indian River County Board of County Commissioners. ***A representative appointed by the City of Sebastian. Current Member: City Manager, Al Minner Location: IRC County Admin Building Room B1 -501 Time: 9:30 am Frequency: 3rd Thursday of month Secretary: Maria Resto 226 -1919 BEACH AND SHORE PRESERVATION COMMITTEE (Indian River County) Resolution 2003 -126 dated 10/21/03 reestablished and restructured the Beach and Shore Preservation Advisory Committee. This resolution repeals and replaces Resolution 93 -68. Ordinance 2003 -010 approved 3/11/03 provides that Commissioners serve as a non- voting liaison. The Committee shall elect from among its voting members a chairman and a vice chairman annually at its first meeting in January, or at its next meeting if no meeting is held in January. A County Commissioner shall serve as a non voting liaison to the committee. Each chair and vice chair shall serve for a one -year term and may be reelected but shall be limited to two successive annual terms, at which point they would be ineligible to chair the committee for at least one year. The Beach and Shore Preservation Advisory Committee shall have eleven (11) voting members, each member must be a resident of Indian River County. One (1) member appointed by the City Council of the City of Sebastian. Current Member: Council Member Alternate: Council Member Andrea Coy Location: IRC Admin Building B Vero Beach Room B1 -501 Time: 3rd Monday of Each Month 3 pm Secretary: Terry Lister Collins 226 -1440 ECONOMIC DEVELOPMENT COUNCIL (Indian River County) Resolution 2003 -127 approved 10/21/03 reestablished and restructured the Economic Development Council. Ordinance 2003 -010 approved 3/11/03 provides that Commissioners serve as a non voting liaison. The Committee shall elect from among its voting members a chairman and a vice chairman annually at its first meeting in January, or at its next meeting if no meeting is held in January. A County Commissioner shall serve as a non voting liaison to the committee. Each chair and vice chair shall serve for a one -year term and may be reelected but shall be limited to two successive annual terms, at which point they would be ineligible to chair the committee for at least one year. The EDC shall have nineteen (19) voting members. Members must be residents of Indian River County. One (1) representative from the City of Sebastian City Council. Current Member: Council Member Andrea Coy Alternate: Council Member Location: IRC Administration Building B Vero Beach Rm B1 -501 Time: 3 Tuesday of Each Month 3 pm Secretary: Terry Lister Collins 226 -1440 EMERGENCY SERVICES DISTRICT ADVISORY COMMITTEE (Indian River County) Resolution No. 2003 -128 approved 10/21/03 reestablished and restructured the Emergency Services District Advisory Committee. Ordinance 2003 -010 approved 3/11/03 provides that Commissioners serve as a non voting liaison. The Committee shall elect from among its voting members a chairman and a vice chairman annually at its first meeting in January, or at its next meeting if no meeting is held in January. A County Commissioner shall serve as a non voting liaison to the committee. Each chair and vice chair shall serve for a one -year term and may be reelected but shall be limited to two successive annual terms, at which point they would be ineligible to chair the committee for at least one year. The Indian River County ESDAC shall be composed of nine (9) voting members. Members must be residents of Indian River County. One (1) member appointed by the City Council of the City of Sebastian. Current Member: Vice Mayor Jim Hill Alternate: Council Member Eugene Wolff Location: IRC Administration Building B Vero Beach Rm B1 -501 Time: 3rd Thursday Every Other Month at 9:30 am Secretary: Darcy Varsilas 2 LAND ACQUISITION ADVISORY COMMITTEE (Indian River County) Resolution 2003 -130 approved 10/21/03 reestablished and restructured the Land Acquisition Advisory Committee (LAAC). Ordinance 2003 -010 approved 3/11/03 provides that Commissioners serve as a non voting liaison. Resolution 2005 -086 approved 5/25/05 adding a Historical representative. The Committee shall elect from among its voting members a chairman and a vice chairman annually at its first meeting in January, or at its next meeting if no meeting is held in January. Each chair and vice chair shall serve for a one -year term and may be reelected but shall be limited to two successive annual terms, at which point they would be ineligible to chair the committee for at least one year. Membership of the LAAC shall be composed of eighteen (18) members who are residents of Indian River County: ***One (1) representative of the City of Sebastian City Council. Current Member: Council Member Andrea Cov Alternate: VACANT Location: IRC Administration Building B Vero Beach Rm B1 -501 Time: 4th Wednesday of Each Month -1:30 pm Secretary: Terry Lister Collins 226 -1440 INDIAN RIVER COUNTY HOSPITAL DISTRICT PLANNING ADVISORY COMMITTEE: (Hospital District) Current Member: Location: Indian River Memorial Hospital Time: Staff Contact: Ann Marie Suriano 770 -0935 Have not met for last two years may reorganize in January and will let us know if they do METROPOLITAN PLANNING ORGANIZATION (MPO) (2 members) (Indian River County) The Indian River County Metropolitan Planning Organization (MPO), formed 4/93, is a legislative agency responsible for transportation planning in the urbanized area of Indian River County. It has the power to develop and adopt plans and to set priorities for the programming of improvements to the County's transportation system. The MPO consists of eleven voting members representing the local governments within the County, two non voting representatives from the Florida Department of Transportation (FDOT), and a non voting representative from the Town of Orchid. Funding is through a Joint Participation Agreement for Federal PUSection 112 funding. This is an agreement between FDOT and the MPO, which provides for the pass through of these federal funds. Dollars are approved on an annual basis. The percentage of Federal, State and local dollars varies from year to year. Two advisory committees provide direction and recommendations to the MPO Board. These are the Technical Advisory Committee (TAC) and the Citizens Advisory Committee (CAC). The TAC provides technical expertise to the MPO Board regarding matters to be considered by the MPO and on planning issues being undertaken by MPO staff. The CAC provides citizen input into the MPO planning process and ensures a high degree of public involvement in that process. Another advisory committee, the Bicycle /Pedestrian Advisory Committee, meets on an as- needed basis to advise the MPO regarding bicycle and pedestrian issues. 3 12 voting members: (5) County Commissioners, (2) City of Vero Beach, (2) City of Sebastian, (1) Town of Indian River Shores, (1) City of Fellsmere. (1) School Board Total of 3 ex- officio non voting members: (1) Town of Orchid; (1) FDOT District 4 Secretary; (1) FDOT State Transportation Planner. Term of office 4- years. Current Members: Alternates: Location: Time: MPO Citizen Adv. Comm. MPO Tech. Adv. Comm. MPO Bikepath Comm. Current Member: Alternate: Location: Time: Secretary: Council Member Vice Mayor Jim Hill Council Member Eugene Wolff Mayor Richard Gilimor IRC Administration Building B Vero Beach Rm B1 -501 2nd Wednesday of each month 10:00 am Don Wright (1), Deryl Seemaver (2) 1st Tuesday of month 2 pm Rebecca Grohall, Growth Mqmnt Director, Alternate Dave Fisher, City Engineer Jerry Converse, Public Works Director Alternate Brian Grzesiak Joe Griffin, Airport Director 4th Friday of month 10:00 am Susan Mulcahy Alternates Chris McCarthy and Dave Fisher 4 Thursday of month 2:00 pm Recording Secretary: IRC Commission Office 226 -1490 Phil Matson secretary /agenda packet: Sharon Schalm 226 -1672 PARKS RECREATION COMMITTEE (Indian River County) Resolution 2003 -132 approved 10/21/03 reestablished and restructured the Parks and Recreation Committee. Ordinance 2003 -010 approved 3/11/03 provides that Commissioners serve as a non voting liaison. The Committee shall elect from among its voting members a chairman and a vice chairman annually at its first meeting in January, or at its next meeting if no meeting is held in January. Each chair and vice chair shall serve for a one -year term and may be reelected but shall be limited to two successive annual terms, at which point they would be ineligible to chair the committee for at least one year. The Parks and Recreation Committee shall be composed of (9) nine voting members who are residents of Indian River County and shall consist of the following persons: One (1) representative of the City of Sebastian Chris McCarthy, City Park Superintendent VACANT IRC Administration Building B Vero Beach Rm B1 -501 1st Thursday of Month at 10:00 a.m. IRC Commission Office 226 -1490 4 SCHOOL CONCURRENCY ELECTED OFFICIALS OVERSIGHT COMMITTEE (Indian River County) The Indian River County Board of County Commissioners, City Council of the Cities of Fellsmere, Sebastian and Vero Beach, and the School Board of Indian River County entered into an Interlocal Agreement .for public school planning effective January 1, 2004. Not participating in this Agreement because they qualify for exclusion pursuant to the provision of Chapter 163.3177(12)(b), Florida Statutes is the Town of Orchid. Per Section 2.2 of the agreement, the County Commission Chairman, the Mayors of Vero Beach, Sebastian, Indian River Shores and Fellsmere, the Regional Planning Council Chairman, and the School Board Chairman, will be appointed to the Elected Officials Oversight Committee (EOOC). The County Planning Director will be responsible for making meeting arrangements and providing notification Per Section 3.2 the meetings will be opportunities for representatives to set direction, discuss issues, and reach understandings concerning issues of mutual concern regarding coordination of land use and school facilities planning, including population and student growth, development trends, school needs, off -site improvements, and joint use opportunities. The EOOC meets at minimum, once a year in the second week of July at the County Administration Building, 1800 27th Street, Building B, Room B1 -501, Vero Beach, FL. Minutes of meetings are taken by the Board of County Commissioners Office. Member (always Mayor): Secretary: Location: Time: Mayor Richard Gillmor Maria Bowdren 226 -1242 IRC Administration Building B Meets 2nd week July each year SCHOOL CONCURRENCY CITIZENS OVERSIGHT COMMITTEE (Indian River County) Per Section 2.4, the County, the School Board, the City of Fellsmere, the City of Sebastian, the City of Vero Beach, and the Town of Orchid each shall appoint one member to the Citizen Oversight Committee. Per Section 3.4, the Citizen Oversight Committee will monitor implementation of the Interlocal Agreement, and report to participating local governments, the School Board and the general public on the effectiveness with which the Interlocal Agreement is being implemented. Member: Secretary: Location: Time: Mary Wolff IRC Administration Building B Room B1 -501 Meets annually in April SCHOOL CONCURRENCY STAFF WORKING GROUP and TECHNICAL ADVISORY Per Section 2.1, the voting members consist of the Indian River County Community Development and Planning Directors, the Planning or Community Development or City Manager of the Cities of Sebastian, Vero Beach, and Fellsmere, the Town of Indian River 5 Shores, the Indian River County School District's Assistant Superintendent for Planning and Operations, and the Director of Facilities Planning and Construction. Staff Working Group: Current Member: Rebecca Grohall Location: County Administration Building Time: 2 Friday of February and August each year Secretary: IRC Commission Office 226 -1490 School Planning Technical Advisory Committee: Current Members: Rebecca Grohall, David Fisher, Chris McCarthy Location: County Administration Building Time: as needed Secretary: IRC Commission Office 226 -1490 SEBASTIAN RIVER AREA CHAMBER OF COMMERCE (local) Board of Directors made up of President, Vice President, Treasurer, Secretary, Elected Directors, Appointed Directors, and Ex- Officio Members. Ex- officio members of the Board of Directors are one County Commissioner, one representative of Sebastian and one representative of Fellsmere. Current Member: Mayor Richard Gillmor Alternate: Council Member Andrea Coy Location: Chamber of Commerce Office 700 Main St. Sebastian Time: 2nd Wednesday of Month 8:00 am TOURIST DEVELOPMENT COUNCIL: (Indian River County) Resolution #92 -57 of 4/7/92 approved first amendment to agreement designating the Chamber of Commerce as the Official County Tourist Bureau (amended Resolution #89 -9 of 1/17/89); Ordinance #90 -20 of 9/21/90 established Chapter 103- commissions and Boards; Ordinance #87 -11 of 2/4/87 appointed membership, established taxing district and tourist development tax; Resolution #86 -102 of 11/18/86 indicated intention to consider enactment of an ordinance imposing a tourist development tax, appointing the membership and the purpose of the TDC Total of 9 Members: (1) County Commissioner, (2) Municipal Officers, (3) Owners or operators of motels, hotels, recreational vehicle parks or other tourist accommodations, (3) Persons who are involved in the tourist industry and who have demonstrated an interest in tourist development, but who are not owners or operators of motels, hotels, recreational vehicle parks, or other tourist accommodations. Members serve a 4 -year term. Current Member: Vice Mayor Jim Hill Alternate: Council Member Location: IRC Administration Building B Commission Chambers Time: Meets quarterly on call Secretary: IRC Commission Office 226 -1490 6 TREASURE COAST COUNCIL OF LOCAL GOVERNMENTS: (Regional) Cooperative government county and municipal in region south to Martin. Member should be elected chief executive or member of governing body can appoint an alternate. Current Member: Mayor Richard Gillmor Alternate: Council Member Location: St. Lucie Administration Bldg. 2300 Virginia Avenue, Room 3 Ft. Pierce, FL 34982 Time: 1 Wednesday of Month 10:00 a.m. Chairman: Chris Craft, St. Lucie County Commissioner Secretary: Eva O'Donnell (772- 462 -1408) TREASURE COAST LEAGUE OF CITIES: (Municipalities from Four Counties) (was formerly Council of Public Officials) With the termination of the Council of Local Governments which was originally established by an interlocal agreement, a Treasure Coast League of Cities was formed in accordance with FS 163.02 and approved by an interlocal agreement dated 2/20/07, and includes the municipalities in Okeechobee, Martin, St. Lucie and Indian River County. Current Member: Mayor Richard H. Gillmor Location: Vero Beach City Hall (changes by chair) Time: Meets every other month usually 3` Wednesday Coordinator: Tammy Vock Vero Beach City Clerk TREASURE COAST REGIONAL PLANNING COUNCIL: (Regional) Treasure Coast's only regional forum where elected and appointed leaders regularly come together to discuss complex regional issues; develop strategic regional responses for resolving them; and build consensus for setting and accomplishing regional goals. Elected officials serve annual terms, and gubernatorial appointees serve three -year terms. TCRPC is made up of nineteen elected officials and nine gubernatorial appointees. Council operates a number of programs and services for regional planning and economic development designed to satisfy the needs of its public and private sector customers and foster the healthy and orderly growth of the Region. Indian River County appoints two County Commissioners and there are two municipal members. Last year County decided Vero and Indian River Shores would rotate member and alternate and Sebastian and Fellsmere would rotate member and alternate. Previously Sebastian had its own voting membership. Current Member: Vice Mayor Jim Hill Alternate: City of Vero Beach 7 t s) Location: 421 SW Camden Avenue, Stuart, FL 34994 Time: 3rd Friday of Month 9:30 A.M. (call ahead for any changes) Contact: Liz Gulick Phone: 772- 221 -4060 Suncom: 269 -4060 Fax: 772 221 -4067 E -Mail: admin ©tcrpc.org MS -IRC and REG BOARDS Revised 8 HOME Of PELICAN ISLAND Subject: Assignment of Council Members to Monitor County Commission Meetings A•pro -d for Submittal by: City Manager Agenda No. o a. o 2 Dept. Origin: City Clerk City Attorney: For Agenda of: 11/18/09 SUMMARY STATEMENT Council Members review each Indian River County Commission agenda and if necessary, attend meetings on behalf of Council on a monthly basis and report back to Council on anything relevant to Sebastian. Council Member Gillmor has been assigned to monitor December and Council Member Hill has been assigned to monitor December. RECOMMENDED ACTION Council Members agree to monitor the County Commission meetings as follows: January 2010 February 2010 March 2010 April 2010 May 2010 June 2010 July 2010 August 2010 September 2010 October 2010