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HomeMy WebLinkAbout10082014 Agenda Packetcnrcf SEBASTL HOME Of PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, OCTOBER 8, 2014 - 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 on Back of Agenda CALL TO ORDER 2. INVOCATION - Pastor Grant Foster, Riverside Assembly Church 3. PLEDGE OF ALLEGIANCE - Led by Council Member Coy 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. 14.120 A. Certificate of Appreciation to Mark Redden - Construction Board Services 14.165 B. Proclamation - Domestic Violence Awareness Month - Accepted by Eric Flowers 5 and Lewanna Dupree, Safespace 14.166 C. Proclamation - National Adoption Month - Accepted by Frank Avila, Adoption 6 Specialist, Children's Home Society of Florida Treasure Coast Division 14.167 D. Proclamation - National Runaway Awareness Month - Accepted by Frank Avila, 7 Adoption Specialist, Children's Home Society of Florida Treasure Coast Division E. Brief Announcements 10/9/14 - Sebastian Chamber of Commerce Candidate Forum in Chambers - 7 pm to 9 pm • 10/11/14 — Making Strides Walk in Riverview Park — 7 am to Noon • 10/13/14 — Staff/P&R Community Center Needs Public Workshop in Chambers — 6 pm • 10/15/14 — Staff Public Open House — All Aboard Florida Comments/Questions in Chambers — 3:30 pm to 6:30 pm • 10/21/14 through November 1— Early Voting in Chambers — 7 am to 4 pm all days • 11/4/14 — General Election in All Voting Precinct Polling Places — 7 am to 7 pm • 11/5/14 — FRA All Aboard Florida Public Meeting at Indian River State College, Richardson Center, 6155 College Lane, Vero Beach, FL 32966 - 3:30 pm to 7 pm • 11/7/14 through 11/9/14 — Sebastian Clambake Festival in Riverview Park • 11/11/14 — Veterans Day Observance in Riverview Park — Veterans' Memorial — 11 am 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. 8-25 A. Approval of Minutes — September 24, 2014 Regular Meeting 14.168 B. Approve Resolution No. R-14-28 — Authorizing City Manager to Execute the FDOT 26-33 Supplemental Joint Participation Agreement for Project 429695-1-94-01 Airport Main Street Access Road to Clarify Additional FAA Funding (Transmittal, R-14-28) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN FDOT PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT WHICH AMENDS THE JOINT PARTICIPATION AGREEMENT ADOPTED BY RESOLUTION NO. R-12-33 REGARDING FUNDING FOR MAIN STREET ACCESS ROAD IMPROVEMENTS AT THE SEBASTIAN MUNICIPAL AIRPORT; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 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. 9. PUBLIC HEARINGS Procedures for legislative public hearings: ■ Mayor opens hearing ■ Attorney reads ordinance or resolution ■ Staff presentation ■ Public input (Anyone wishing to speak is asked to raise hand and when called, go to the podium and state name for the record) ■ Staff summation ■ Mayor closes hearing ■ Council deliberation and action 14.015 A. Second Reading and Adoption Hearing of Ordinance No. 0-14-05 — CNG Franchise 34-46 Agreement Between City of Sebastian and Florida City Gas (Transmittal, 0-14-05, w/Attached Franchise Agreement, 0-14-01) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA; PROVIDING A SHORT TITLE; PROVIDING FINDINGS AND INTENT; INCORPORATING THE FRANCHISE AGREEMENT; GRANTING TO PIVOTAL HOLDINGS, INC. D/B/A FLORIDA CITY GAS; ITS SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE FRANCHISE FOR A PERIOD OF TWENTY-FIVE (25) YEARS TO CONSTRUCT, OPERATE, MAINTAIN, OWN AND TRANSPORT IN THE CITY OF SEBASTIAN, FLORIDA, WORKS FOR THE MANUFACTURE OF, THE TRANSMISSION OF, THE DISTRIBUTION OF, AND THE TRANSPORTATION OF, THE SALE OF GAS, INCLUDING NATURAL, MANUFACTURED, OR MIXED GAS; PROVIDING CONDITIONS TO THE GRANT OF THE FRANCHISE; PROVIDING FOR CITY REGULATION OF THE GAS SYSTEM; PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS; PROVIDING SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. (15t Reading 9/24/14, Legal Ad 9/26/14) P) 10. UNFINISHED BUSINESS 14.157 A. Indian River County Commission Chairman Peter O'Bryan — Executive Roundtable Update (No Backup) 14.028 B. Indian River County Staff — Interlocal Agreement for North Sebastian Sewer Project 47-67 (Transmittal, IRC Report, Proposed Interlocal Agreement, Davis Agreement) 14.156 C. Update on 2014-2015 FDOT Florida Highway Beautification Council Grant for US 1 68-74 Landscaping (Transmittal, Plans/Photos) 11. PUBLIC INPUT New information or requests to city council not otherwise on the prepared agenda 12. NEW BUSINESS 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 14.169 A. Staff Presentation of City -Wide Drainage Ditch/Storm Water System - Discussion Only 75-83 (Transmittal, PP Presentation) 15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS A. Vice Mayor Hill B. Council Member Adams C. Council Member Coy D. Council Member Gillmor E. Mayor McPartlan 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 EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (F.S.286.0105) IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Future Council Meetinq Dates: 11/19/14 Regular City Council Meeting 6:30 pm (includes swearing in of newly elected Council members) 12/10/14 Regular City Council Meeting 6:30 pm 3 PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION R-13-18 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. 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. Ll MY Cf SE," HOME OF PELICAN ISLAND PROCLAMATION Domestic Violence Awareness Month October 2014 WHEREAS, domestic violence is a serious crime that affects people of all races, ages, gender, and income levels, and WHEREAS, domestic violence is widespread and affects over 4 million Americans each year; and WHEREAS, one in three Americans have witnessed an incident of domestic violence; and WHEREAS, children that grow up in violent homes are believed to be abused and neglected at a rate higher than the national average; and WHEREAS, domestic violence costs the nation billions of dollars annually in medical expenses, police and court costs, shelters, foster care, sick leave, absenteeism, and non - productivity; and WHEREAS, only a coordinated community effort will put a stop to this heinous crime; 'TiTI WHEREAS, Domestic Violence Awareness Month provides an excellent opportunity for citizens to learn more about preventing domestic violence and to show support for the numerous organizations and individuals who provide critical advocacy, services and assistance to victims; NOW THEREFORE, I, Bob McPartlan, Mayor of the City of Sebastian do hereby proclaim the month of October 2014, as DOMESTIC VIOLENCE AWARENESS MONTH in Sebastian, Florida and urge our citizens to work together to eliminate domestic violence from our community. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Sebastian, Florida, to be affixed this 8th day of October, 2014. Bob McPartlan, Mayor Cm OF HOME OF PELICAN ISLAND PROCLAMATION National Adoption Awareness Month November 2014 WHEREAS, for more than a century, Children's Home Society of Florida has upheld our legacy of transforming the lives of children and families; and WHEREAS, on any given day approximately 125-175 children are awaiting adoptions on the Treasure Coast and in the last three years over 350 children have been given the gift of forever families; and WHEREAS, Children's Home Society of Florida, Treasure Coast Division, works diligently with the Department of Children & Families to ensure that every child has a forever family; and WHEREAS, children waiting for adoptive parents and families who have adopted these children require and deserve community and agency support; and WHEREAS, Children's Home Society of Florida, along with its community partners, embraces opportunities that can potentially change the way society cares for children and youth. NOW THEREFORE, I, Bob McPartlan, Mayor of the City of Sebastian do hereby proclaim the month of November 2014, as NATIONAL ADOPTION AWARENESS MONTH in Sebastian, Florida and encourage community agencies, religious organizations, businesses and others to celebrate adoption, honor families that grow through adoption, further an awareness of the changes and issues in adoption, and focus attention on those children who live in the shadow of an uncertain future while they await their forever families. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Sebastian to be affixed this 8th'" day of October, 2014. Bob McPartlan, Mayor Cm OF HOME OF PELICAN ISLAND PROCLAMATION National Runaway Prevention Month November 2014 WHEREAS, for more than a century, Children's Home Society of Florida has upheld our legacy of transforming the lives of children and families; and WHEREAS, on any given day approximately 750 youth are homeless on the Treasure Coast. The National Runaway Safeline reported 272 crisis runaway calls from the two Treasure Coast area codes (772, 863) during 2013; and WHEREAS, Children's Home Society of Florida, Treasure Coast Division, works diligently with the National Runaway Switchboard and the Family and Youth Services Bureau to educate and prevent youth in crisis from running away and subsequently living on the streets; and WHEREAS, Children's Home Society of Florida provides support services to youth in crisis that aim to move youth into stable living situations; and WHEREAS, Children's Home Society of Florida, along with its community partners, embraces opportunities that can potentially change the way society cares for children and youth. NOW THEREFORE, I, Bob McPartlan, Mayor of the City of Sebastian do hereby proclaim the month of November 2014, as NATIONAL RUNAWAY PREVENTION MONTH in Sebastian, Florida and encourage community agencies, religious organizations, businesses and others to recognize and observe the month of November 2014 as National Runaway Prevention Month. As a community we need to focus our attention on those children who experience crisis and turn to the streets for support. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Sebastian to be affixed this 8t" day of October 2014. Bob McPartlan, Mayor CR li E HOME Of PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, SEPTEMBER 24, 2014 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor McPartlan called the Regular Meeting to order at 6:30 p.m. 2. The invocation was given by Council Member Adams. 3. The Pledge of Allegiance was led by Council Member Adams 4. ROLL CALL City Council Present: Mayor Bob McPartlan Vice Mayor Jim Hill Council Member Jerome Adams Council Member Andrea Coy Council Member Richard Gillmor City Staff Present: City Manager, Joe Griffin City Attorney, Robert Ginsburg City Clerk, Sally Maio Administrative Services Director, Ken Killgore Community Development Director, Frank Watanabe Administrative Support Officer, Cynthia Watson Deputy Police Chief, Greg Witt Public Works Director, Jerry Converse E -Records & Information Manager, Barbara Brooke -Reese AV Specialist, Matt Sinno 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members None 8 of 83 Regular City Council Meeting September 24, 2014 Page Two 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. A. Brief Announcements i. September 25th - Sebastian River High School Homecoming Parade — Indian River Drive from Main Street to Riverview Park Followed by Rally in Riverview Park ii. October 4th - Craft Club of Sebastian Fall Craft Show in Riverview Park — 10amto3pm iii. October 1St- Sebastian Police Department — Community Night Out Event at Riverview Park — 5:30 pm to 7:30 pm Mayor McPartlan read the brief announcements above and included the change of date for the Chamber of Commerce Candidate Forum in City Council Chambers to Thursday, October 9th from 7 pm to 9 pm and noted it would be broadcast live on Comcast Channel 25 and rebroadcast from October 10th to 12th on Channel 25. Mr. Adams announced events geared toward children as follows: • IR Lagoon Science Festival Lagoon Poinciana Point Park - September 27th _ 10amto3pm • National Estuaries Day at ELC on September 27th from 9 am to 1 pm • Lagoon Community Project in Jensen Beach on September 28th from 8 am to 11 am 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. A. Approval of Minutes — September 10, 2014 Regular Meeting B. Approval of Minutes — September 15, 2014 Special Meeting/Budget Hearing 14.158/ C. Approve Mutual Termination of Contract with C & S Companies for Golf Course 13.082 Storage Building Design -Build as Approved on 12/13/13 (Transmittal) 14.159 D. Award Annual Quarter Round Cleaning Contract to Sampson Tree Service of Ft. Pierce and Authorize City Manager to Execute Contract — One Year with Two Automatic One Year Extensions Unless Terminated by Either Party (Transmittal, Bid Tabulation Form, Bid Documents and Agreement, Insurance) 14.160 E. Approve Modified Contract Between City of Sebastian and International Golf Maintenance, Inc. (IGM) for Maintenance of the Sebastian Municipal Golf Course for a Period of Ten Years Commencing on October 1, 2014 and Transfer Ownership of Maintenance Equipment to IGM Upon Payment to City for Equipment Payoff Amount Due Seacoast Bank (Transmittal, Proposed Agreement, Current Agreement, Equipment List) 9of83 Regular City Council Meeting September 24, 2014 Page Three 14.161 F. Resolution No. R-14-26 — Amending Lease Agreement By and Between Sebastian Municipal Airport and Sebastian Municipal Golf Course (Transmittal, R-14-26, R-00- 48) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO SECTION 4 "RENT" OF THE LEASE AGREEMENT BY AND BETWEEN THE CITY OF SEBASTIAN FOR USE OF LAND FROM THE SEBASTIAN MUNICIPAL AIRPORT IN THE OPERATION OF THE SEBASTIAN MUNICIPAL GOLF COURSE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 14.162 G. Resolution No. R-14-27 - Ratification of PBA Contract Amendment — 3% Increase in Rate of Pay Effective 10/1/14 (Transmittal, R-14-27, 9/5/14 CFPBA Letter) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, DULY RATIFYING A 3% WAGE INCREASE FOR ALL STEPS OF PAY GRADE 27 AND 30 IN ACCORDANCE WITH ARTICLE 15.2 OF THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE BARGAINING UNIT OF THE COASTAL FLORIDA POLICE BENEVOLENT ASSOCIATION (CFPBA) AND THE CITY OF SEBASTIAN FOR THE PERIOD OCTOBER 1, 2013 THROUGH SEPTEMBER 30, 2016; AUTHORIZING THE CITY MANAGER TO NOTIFY ALL PARTIES OF THE CITY'S RATIFICATION AND CAUSE SAID INCREASES TO BE PUT INTO EFFECT; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH ; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Hill removed item E. MOTION by Ms. Coy and SECOND by Mayor McPartlan to approve items A -D, F -G. Roll Call: Ayes: Hill, Adams, Coy, Gillmor, McPartlan Nays: None Passed: 5-0 Item E — IGM Golf Course Maintenance Agreement Vice Mayor Hill recused himself and said he had a voting conflict (see Conflict Form attached). MOTION by Ms. Coy and SECOND by Mayor McPartlan to approve item E. Roll Call: Ayes: Adams, Coy, Gillmor, McPartlan Nays: None Recused: Hill Passed: 4-0 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. 14.013 A. Police Pension Board of Trustees i. Confirm Appointment of Fifth Member — Kenneth Killgore, Administrative Services Director to Fill Unexpired Vacancy with Term to Expire October 2017 (Transmittal) MOTION by Ms. Coy and SECOND by Mayor McPartlan to confirm Mr. Killgore. Roll Call: Ayes: Coy, Gillmor, McPartlan, Hill, Adams Nays: None Passed: 5-0 Other Reports Mr. Adams reported on unemployment figures from the Treasure Coast Council of Local Governments meeting showing a slight increase for July due to seasonal adjustments. 10 of 83 Regular City Council Meeting September 24, 2014 Page Four Mr. Gillmor reported on his attendance at the Indian River Lagoon National Estuary Program meeting in Palm Bay today, said the program has been housed in SJRWMD for many years, and there has been talk that it has not been that productive and are talking about moving it out into its own sphere of influence and out of the umbrella of SJRWMD. He said St. Johns and South Florida Water Management Districts would continue to fund it and they are asking the four counties to chip in $50K each to help move this along. He said it was an interesting meeting and the bottom line is if this works out there may be grants they can take advantage of. He said he spoke on behalf of Treasure Coast Regional League of Cities saying that they would want to be part of that voice. 9. FINAL PUBLIC HEARING ON MILLAGE AND BUDGET 14.021 A. Final Hearing on Millage for Calendar Year 2014 and FY 2014/2015 Budget (Transmittals, R-14-22, R-14-23 w/schedule A, R-14-24 w/plan, and R-14-25 w/attachment A, Proposed Revised Budget Under Separate Cover) The City Attorney advised City Council this was the second and final hearing on the millage and budget resolutions and read the titles for Resolutions R-14-22, R-14-23, R-14-24, and R-14-25. a) Resolution No. R-14-22 - Millage Rate for Calendar Year 2014 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A MILLAGE RATE OF 3.8556 MILLS FOR THE CALENDAR YEAR 2014 AND ALLOCATING SAME TO THE FISCAL YEAR BEGINNING OCTOBER 1, 2014 AND ENDING SEPTEMBER 30, 2015: PROVIDING FOR CONFLICTS: AND PROVIDING FOR AN EFFECTIVE DATE. b) Resolution No. R-14-23 - Budget for Fiscal Year 2014/2015 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2014 AND ENDING SEPTEMBER 30, 2015; MAKING APPROPRIATIONS FOR THE PAYMENT OF OPERATING EXPENSES, CAPITAL EXPENSES, AND FOR THE PRINCIPAL AND INTEREST PAYMENTS ON THE BOND AND OTHER INDEBTEDNESS OF THE CITY IN THE CITY'S GENERAL FUND, SPECIAL REVENUE FUNDS, DEBT SERVICE FUND, CAPITAL IMPROVEMENT FUNDS, GOLF COURSE FUND, AIRPORT FUND, AND BUILDING DEPARTMENT FUND AS PROVIDED FOR IN SCHEDULE "A", ATTACHED HERETO, ESTABLISHING AUTHORITY OF THE CITY MANAGER TO IMPLEMENT THE BUDGET; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. C) Resolution No. R-14-24 - Approval of Six -Year CIP — FY 2015-2020 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING A SIX-YEAR CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS ENDING 2015-2020; PROVIDING REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. 11 of 83 Regular City Council Meeting September 24, 2014 Page Five d) Resolution No. R-14-25 -Adopting Financial Policies A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, READOPTING AMENDED FINANCIAL POLICIES GOVERNING VARIOUS AREAS OF BUDGET AND FINANCE AS PROVIDED FOR IN ATTACHMENT "A"; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Manager announced the proposed millage rate of 3.8566 mills, which is 8.77% higher than the rolled -back rate of 3.5446, said this millage rate would allow funding for lagoon improvements, extra street paving, AAF contingencies, and the COPS grant. The City Attorney noted for the record that the actual millage proposed is 3.8556 as set out in millage Resolution R-14-22 (there was a typo in a procedures list provided by the Clerk) The Administrative Services Director gave a brief Power Point presentation (see PP attached), noting the 3.8556 rate allows the budget to fund the recommendations of the Budget Advisory Board, for $15K COPS match, $50K for AAF, $100K for IR lagoon, and $157K for street repaving. He continued by explaining the effects of the rate increase and citing required advertisements as set out in FS. iii. Mayor McPartlan opened the hearing for public comment at 6:43 p.m. There was no one who requested to give input. iv. Mayor McPartlan closed the hearing. V. City Council Deliberation and Action a) Adopt Resolution No. R-14-22 - Millage Rate for Calendar Year 2014 MOTION by Ms. Coy and SECOND by Mayor McPartlan to adopt Resolution No. R-14-22 millage rate for calendar year 2014. Mr. Hill asked the City Manager whether all the road improvements in his original proposed budget were included in this current budget. The City Manager said his original recommendation was to keep the millage rate at 3.7166 mills, and that would have fund city services including some street repaving in the amount of $200K, but that amount would not cover the lagoon, AAF, the COPS grant or the extra street repaving. He said with the higher millage there is an extra $157K for extra street repaving. Mr. Hill then stated staff should check its figures. The Administrative Services Director said under the original recommendation at 3.7166 mills recommended $200K (from ad valorem) for street resurfacing, that the Board then recommended a higher millage rate and setting aside $100K for street resurfacing, $100K for lagoon, $50K for AAF and $15K for COPS grant, and added $57K from the insurance savings to the street resurfacing. Mr. Hill again said the City Manager's original recommendation had $200K for street resurfacing. Mr. Hill said then we have reduced the amount for street resurfacing from the City Manager's original proposal to put $200K toward street repaving and now at a higher millage rate we are putting only $157K toward streets 12 of 83 Regular City Council Meeting September 24, 2014 Page Six resurfacing, but we have increased revenues in the amount of $65K. The ADS said that was accurate. Mr. Hill said we want to be honest with the public and say that this budget we are passing tonight actually reduces the amount for street repaving and we are not doing more, but doing less. He then cited the other recommendations of $100K for the lagoon, $50K for AAF, and $15K for COPS for a total of $165K, and reducing road repaving, and asked if we have specific lines items for any of those expenditures. The Administrative Services Director said for street resurfacing and AAF they are moving those funds from General Fund to Local Option Gas Tax because that line is typically used for those expenses. Mr. Hill said the $100K for the lagoon is already spent and we have a specific line item for it so this Council doesn't have the discretion to move that money around. The Administrative Services Director said that is being transferred to a capital fund that is typically used for stormwater improvements, will show in the General Fund budget as an appropriation transferred to that fund and then we will create a project in that fund. Mr. Hill asked if there is a project for this in that fund and the ASD said the capital improvement funds are created from the capital improvement program. Mr. Hill asked if this is the same thing with AAF. The ASD said those funds will go to Local Option Gas Tax. Mr. Hill asked when we will decide what we will spend the $100K for the lagoon on. The ASD said the thinking at this time is matching funds for baffle boxes. Mr. Hill said in his opinion this is not an acceptable way to run a government, that this is tax and spend, said we have done so well over the last decade of not taxing and spending but streamlining, and is embarrassed that we are going to increase taxes by 9% when we can balance the budget at rolled -back, and we are increasing taxes 5% more than the City Manager wanted and paving less roads and he cannot support. Mr. Gillmor said one of the biggest things as a Board we have agreed upon is that the lagoon is the number one issue, and without putting money toward that you are saying it is not a big deal, and everything revolves around that. He said it is a huge economic engine for growth in the Treasure Coast and no matter what you do, people live here because of the proximity to the lagoon, and recalled Mr. Flaherty's comment that he did not know of anyone who would not ante up $5 extra for the lagoon. He said we know that baffle boxes cost $50K and then another $20K or more for maintenance and we can earmark funds for other lagoon related items. He said the lagoon is worth saving and unless municipalities step up and save it and are willing to spend money, in the amount of an average of ten cents per week per homeowner, which is the difference between 3.7166 and 3.8556 mills. He said there are no slush funds, a budget is nothing more than a moving target, and as Vice Mayor Hill knows we do budget adjustments every quarter and we juggle the budget, because our projections aren't exact. He said as far as roads go we need to do all we can for the roads and for lagoon and for AAF and we will be well positioned to fix our quiet zones and assure safety of our citizens. He said it is reckless not to put money toward those items. 13 of 83 Regular City Council Meeting September 24, 2014 Page Seven Mr. Adams voiced his displeasure with the anticipated increase in the millage rate, said the budget was balanced at rolled -back rate with an actual surplus, the budget already had money earmarked for street resurfacing, the excess funds can be put toward the lagoon, and to the COPS grant and the AAF grant. He said there is no reason to increase our millage and unduly burden our residents whether it is five dollars or five cents, and you can't say that people can find that money because you don't know what people are dealing with. He said the budget was balanced at the lower rate and there was no reason to increase it and again expressed his strong displeasure for council's intent to increase the millage. Ms. Coy said twice tonight she has heard that the budget is balanced at rolled -back, but it fails to account for very important financing that we need immediately, that we need to do the lagoon now, noting the baffle box project alone will eat up $100K, and matching grants for quiet zones for AAF quiet zones is not accounted for in our alleged balanced rolled -back balanced. She said she did not believe in using reserves as slush funds because they are emergency funds only. She said we know where this money should go that we are asking for with a minimal increase. She asked the Mayor's permission to call the Chairman of the Budget Board to the podium for a clarification. Ms. Coy asked for clarification from Ed Herlihy, Chairman of the Budget Advisory Board, stating it was her understanding that we were increasing the amount of monies for road resurfacing and adding an additional $157K to the original amount. Mr. Herlihy responded that is correct, and that it was his understanding, and one member of the budget committee who was sitting with him tonight conferred, that there is the original $200K in the balanced budget the City Manager put forth, and the Budget Board added $100K to that number and then when the $57K surplus came up because of reduction in cost of benefits, they recommended that the $57K be added for a sum total of $357K for roads, and they have heard nothing different and nothing has been said that the $200,000 has disappeared. Ms. Coy asked the City Manager if there is $357K budgeted for road resurfacing in next year's budget. The City Manager said we had a balanced budget at rolled -back rate, at 3.7166 we had $200K for road resurfacing in the budget we presented, we are resurfacing and redoing Coolidge, Tulip and Fleming and this year we are doing Englar. He said it was staff's understanding that the extra $100K was for street resurfacing and then the $57K savings was added for a total of $157K to street repaving and that was the Budget Board recommendation. Ms. Coy said that this will be above and beyond what is listed in your rolled -back balanced budget, so right now if we look at the budget as proposed before us tonight there is $357K towards road resurfacing. The City Manager said we have earmarked some of those budget funds for specific projects, Fleming, Tulip, Coolidge and the extra $157K will be earmarked for street resurfacing. Ms. Coy said we are probably saying it differently but are on the same page. 14 of 83 Regular City Council Meeting September 24, 2014 Page Eight The ASD said the $157K is coming from ad valorem taxes as opposed to the other projects which are funded by DST. Ms. Coy said $200K is coming out of discretionary sales tax and $157K is coming out of general fund. She said the bottom line is that $357K is earmarked for fixing roads, so we are not doing less, we are doing more and we can't get behind on our roads. She said that is the intent, thanked Mr. Herlihy and is what she understood from the last meeting. She said staff was being so proficient that it gets confusing, and it is generally easy to confuse the public. She said so it is $357K to fix roads and the City Manager said actually it is more than that. Mr. Hill said we are talking about the General Fund right now, and those other funds are not part of this subject, that the City Manager's recommendation had an additional $200K for street repaving on top of all the other stuff that are in the other funds, and the budget that we are approving has less than that, and the bottom line is we went from the original $200K of spending to an additional $156K we are spending, so there is $34K less for street paving than the City Manager's recommendation. Ms. Coy said she is not buying it, and he can say it his way, bottom line is that the citizens group recommended certain items needed to be done, street repaving needs is important and needs to catch up and this millage rate does that, the lagoon is extraordinarily important, we need to put our money where our mouth is and this slight increase in the millage rate does that. She said the State has its guidelines and we have to talk in rolled -back rate, but the difference between 3.8556 and 3.7166 is .1390 which is 13 cents on a hundred dollars. She said there are political viewpoints, but this is not a political Council, we have to take into effect the needs of the City and the rate we are asking for and the improvements and funds we are asking for is not irresponsible and is the right thing to do. She said we need the grant from the State for quiet zones and we are doing this with this minimal raise in the millage. Mayor McPartlan said in looking at the rolled -back rate there was nothing in there for AAF or the lagoon which are the biggest issues that have come before this Council in the past year, and we are putting our money where our mouth is, all the baffle boxes will need matching grants, as with AAF with the money put aside we'll get the maximum bang for the dollar, that he has called the City Manager because there are a lot more roads in disrepair out there and his hope is that we can maintain them so it doesn't get to the place where we have to replace them. Roll Call: Ayes: McPartlan, Coy, Gillmor Nays: Hill, Adams Passed: 3-2 b) Adopt Resolution No. R-14-23 - Budget for Fiscal Year 2014/2015 MOTION by Ms. Coy and SECOND by Mr. Gillmor to adopt Resolution No. R-14-23 budget for FY 2014-2015. Mr. Hill asked if there is less money in this budget than there was in the City Manager recommendation for road improvements. The ASD said there is less funding out of General Fund ad valorem tax money. Roll Call: Ayes: Coy, Gillmor, McPartlan Nays: Adams, Hill Passed: 3-2 15 of 83 Regular City Council Meeting September 24, 2014 Page Nine C) Adopt Resolution No. R-14-24 - Six -Year CIP for FY 2015-2020 MOTION by Mr. Gillmor and SECOND by Mayor McPartlan to approve Resolution No. R-14-24. The City Attorney said this is the six year Capital Improvement Plan. Roll Call: Ayes: Adams, Coy, Gillmor, McPartlan, Hill Nays: None Passed: 5-0 d) Adopt Resolution No. R-14-25 - Adopting Financial Policies MOTION by Ms. Coy and SECOND by Mr. Gillmor to approve. Roll Call: Ayes: Gillmor, McPartlan, Hill, Adams, Coy Nays: None Passed: 5-0 The City Manager restated the millage of 3.8556 is 8.77% higher than the rolled -back rate of 3.5446 which will help fund the Indian River Lagoon improvements, extra street paving, AAF funding contingency, and the COPS grant. 10. UNFINISHED BUSINESS 14.018 A. All Aboard Florida Rusty Roberts — Brief Presentation Rusty Roberts gave a brief update on the proposed All Aboard Florida passenger rail project .(see written presentation attached hereto) and responded to questions from Council. Mr. Gillmor asked if the upgrades to the tracks would increase the ability of trains to go faster including freight trains and Mr. Roberts answered yes. Mr. Gillmor asked about the perception that trains will seal one side of our community to the other and asked him to elaborate on how long gates will come down for the passenger trains. Mr. Roberts said the freight train speeds will not increase that much beyond what they are now, but the passenger trains through Indian River County will reach top speed of 110 mph, but will slow down for the approach to the Sebastian River bridge to 70-80 mph. He said when people attend the public meetings there will be a video simulation showing the time frame which is about 48 seconds at 68 mph. He said the average traffic light is 120 seconds, and they will go through twice per hour at 48 seconds each time, so they feel it will be a minimal disruption. He said freight trains are longer, there will be some increased speeds but not much. He said all rail is being upgraded, noise will be reduced, the passenger train is cushioned and will absorb sound and vibration. Ms. Coy said she was happy to hear his concerns about quiet zones and are offering some affordable assistance to accomplish that. She asked if quiet zones will affect freight trains too. She said she will have a lot of technical questions going forward. She said now that FRA has kind of directed that you will make these intersections with the utmost safety in mind, that most intersections once you are done complying with State directives, will be pretty close to quiet zone ready and in some cases fully quiet zone ready. She said 16 of 83 Regular City Council Meeting September 24, 2014 Page Ten She appreciates news, his coming here and it is better than six months ago. Mr. Roberts said on quiet zone costs, the designs are in the 30% stage right now and they are going to try to get to 90% and provide the City with those documents which will give a good picture to figure out budget needs for the various crossings. The City Attorney asked Mr. Roberts it the City could get a copy of his prepared statement. He provided it to the City Clerk. Authorize Submission of FDOT Quiet Zone Application — Notice of Intent (Transmittal, Cover Letter & Supporting Documents) The City Manager said staff is proceeding with applying for an FDOT grant for quiet zones. He cited page 147 of the agenda packet which was the letter to FDOT and corrected in the third paragraph, first sentence, from 1500,000" to "$50,000". The Community Development Director/City Engineer highlighted the grant set out in the agenda packet, said he has been in touch with the FDOT project manager and FRA local contact, Thomas Drake, who encourages all local agencies to submit the application on the $10M in grants. He said agencies have to do leg work ahead of time and we are ahead of it, said the County hired a consultant for $38K and are in the process of doing calculations. He said he will work with Thomas Drake on more revisions. He explained the difference between quiet zone and sealed corridor regulations and components, and said based on conversations with FRA and FDOT we are ready to submit the Notice of Intent, the letter and application before the October 15th deadline. The City Manager asked for Council consensus. Mr. Gillmor noted there are two corrections in the letter, that the total grant should read 1500,000". Public input Walt McCarty, 110 Bryant Court, expressed concern for residents in Park Place and others who live adjacent to the tracks and if you are going to bring 30 trains per day you are going to destroy their peace of mind and asked them fight this tooth and nail and at the very least put up walls. Mark Lund, Louisiana Avenue, Sebastian, said he lives adjacent to the tracks, and as seven grandkids whose house backs up to the tracks and they mosey over to the tracks and said a wall would be terrific idea. He said he was concerned about their property values, said he took pictures of the Sebastian River bridge stating he doesn't even know how freight trains go over that thing. He said the sound barrier is a good idea, was concerned about his property values and that he is really against it. John Tenerowicz, 310 South Wimbrow, Sebastian, said it is unprofessional that they couldn't stick around long enough to answer questions. 17 of 83 Regular City Council Meeting September 24, 2014 Page Eleven Cheryl Doyle, 25 Palmer Drive, Sebastian, invited them to sit on Louisiana Avenue, stating the whistle blows 4 to 7 times all day from Main Street to 512 without a stop, and if we don't get a quiet zone it will be 240 whistles in a twelve hour period. She said what they are doing with the traffic tie up is going to be a nightmare for our town, that trying to get off of Louisiana is hard now, expressed concern for safety if we have to take someone to the hospital, police can't get to US 1, and about property values, asking who will want to rent from her or buy her house and said we are hurting our quiet little town. She said we are paying for people to travel Miami to Orlando, saying no one here is going to take that train. Denise Lund, 1053 Louisiana, Sebastian, said their children bought 1040 Louisiana, and the horn does blow all the way from 512 to Main Street, said they live in an older home and has had pictures fall off the wall. She said this is their livelihood and this is all they have, and can't pick up and just move. She asked them to please not allow this. Paul Nelson, 1309 Louisiana Avenue, said this is going to affect everyone who lives and works here, and asked what is going to be the compensation for people and would property taxes go down. Mayor McPartlan said we are requesting quiet zones, but this is not the City that wants this train and they have been against AAF, but we can't stop it because they own the tracks and are just trying to get safety features and looking into quiet zones. Ms. Coy said we are not voting on the train, and we don't have the ability to stop anything but we can mitigate the damages. She said she used to live in Orange Heights and understands what they are saying. She said they are notifying the State that we want quiet zones, and it will apply to freight trains which scare her more than the passenger trains. She said Sebastian is the only municipality in IRC applying for quiet zone grants thanks to Mr. Watanabe. She asked Mr. Watanabe if he had offered to help other agencies. Mr. Watanabe said he got calls from MPO TAC, Indian River and St. Lucie Counties, and on this wall, while a sound wall is typical for a roadway, the sealed corridor does not mean there will be a wall, noting a passenger rail will be less decibels than freight trains. Ms. Coy said to the public there will be other opportunities for your input, such as the meeting in Vero Beach. Mr. Watanabe said we are submitting for a $10M grant by State of Florida, and Council approved the $50K match. Ms. Coy said we are trying to get funding for quiet zones, and perhaps we can look at some kind of fencing for safety, for residential areas that are that close. MOTION by Ms. Coy and SECOND by Mr. Gillmor to authorize submission of the FDOT quiet zone application. Mr. Gillmor recommended that the public contact their senators or congressmen and the only thing that will stop the train is if FRA does not fund it, noting that that stopped a project in Wisconsin. 18 of 83 Regular City Council Meeting September 24, 2014 Page Twelve Ms. Coy requested in preparation for the FRA and AAF public meeting at the Richardson Center on November 5th to conduct an Open House in our Chambers to have the City Manager and Community Development Director answer questions and take input and dialogue on October 15th from 3:30 p.m. to 6:30 p.m. Council concurred. 14.015 B. First Reading of Ordinance No. 0-14-05 — CNG Franchise Agreement Between City of Sebastian and Florida City Gas — Set Public Hearing for October 8, 2014 (Transmittal. 0-14-05. w/Attached Franchise Aareement. 0-14-01) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA; PROVIDING A SHORT TITLE; PROVIDING FINDINGS AND INTENT; INCORPORATING THE FRANCHISE AGREEMENT; GRANTING TO PIVOTAL HOLDINGS, INC. D/B/A FLORIDA CITY GAS; ITS SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE FRANCHISE FOR A PERIOD OF TWENTY-FIVE (25) YEARS TO CONSTRUCT, OPERATE, MAINTAIN, OWN AND TRANSPORT IN THE CITY OF SEBASTIAN, FLORIDA, WORKS FOR THE MANUFACTURE OF, THE TRANSMISSION OF, THE DISTRIBUTION OF, AND THE TRANSPORTATION OF, THE SALE OF GAS, INCLUDING NATURAL , MANUFACTURED, OR MIXED GAS; PROVIDING CONDITIONS TO THE GRANT OF THE FRANCHISE; PROVIDING FOR CITY REGULATION OF THE GAS SYSTEM; PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS; PROVIDING SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-14-05 by title The City Manager said in February staff brought forward an ordinance for a gas franchise for Florida City gas, adopted it, but FCG failed to execute in a timely manner which voided the ordinance, revisions have been made and it is back for adoption again. He recommended recommend passing this on first reading and set public hearing for October 8th MOTION by Mr. Hill and SECOND by Ms. Coy to approve In response to Mr. Gillmor, the City Manager said the remuneration rate has not been changed. Roll Call: Gillmor, McPartlan, Hill, Adams, Coy Nays: None Passed: 5-0 14.028 C. Approve North Sebastian Sewer and Water Main Design Interlocal Agreement Between Indian River County and City of Sebastian in the Amount of $62,088 (Transmittal, IRC Report, Interlocal Agreement, Interlocal Agreement 2012) The City Manager said this is here at the request of Indian River County and in an effort to move forward sewer in our CRA District, that this agreement voids the previous Davis Street agreement and obligates the City in the amount of $62,088 for its share of the design. He recommended approval. MOTION by Mr. Gillmor and SECOND by Mr. Hill to approve. Damian Gilliams, 1623 US 1, asked why Council would even consider giving money to Indian River County and hoped they would quiz their reps to find out how much money they have on franchise fees in escrow to expand their facility and said we should not expend one dime, because they have millions in their fund. 19 of 83 Regular City Council Meeting September 24, 2014 Page Thirteen Ms. Coy said she did not mind partnering or paying our fair share but we had the Davis Street project that just went away, and the money disappeared and the project came to a halt and would only approve it with a caveat that if the project doesn't get finished the County would reimburse us the design fee, with a contingency written up that if not done in x number of years. She said she does not intend to pay for construction because there is money and she is disappointed that they are asking us and pleading poverty. Mr. Gillmor said he would like to change his motion to incorporate that, a time certain or we get our money back. Mr. Watanabe said he believed two years would be a good time frame. He said the majority of the survey data for Davis Street was being used for this project. He agreed with a time frame. Mr. Gillmor said initially start pulling permits in two years, and Mr. Watanabe said this is the design to get coalition funds for the construction. Mr. Gillmor said he didn't want this sitting on a shelf, citing other County projects proposed in the north county that disappear. Ms. Coy said what about they pay it and we reimburse after. Mr. Gillmor said he would change motion to 30 months from time things start to when they have to pull permit otherwise we want our money back. Earl Masteller, Masteller and Moler, Design Engineer, said this sewer project is more viable than the Davis Street project, because it includes area outside the City, from the cemetery to Bay Street and those northern areas have more ERUs, including multiple ERUs in commercial areas. He said this is an economic, environmental and commercial incentive and that he can assure them he and the County are not interested in this plan sitting on a shelf, but felt if plans are in place and are construction ready we have a better opportunity for grants. He said the Davis project was not affordable, and if you want to put time frame, this change will have to go back down to the County and they have to approve what you did. Ms. Coy said he can't guarantee that because he doesn't expend dollars at the County level, and though he had a great reputation, she wants a guarantee of county funding. Mr. Hill said they are requiring this so they can get a grant, and if they can't get grants they don't do the project and it is worth us partnering with the County for applying for grants. He said we talk about the river and this lets us change septic into sewer and putting on a time limit could handcuff the County. Ms. Coy said what is upsetting is that the County approved this last week and didn't even come to us before they did. Mr. Gillmor noted on the 395 ERUs only 25% are ours, and the rest are in the County, and what is not shown is the other segment, they want to get Roseland Road hooked up, yet they are asking for 45% of the funds. Mr. Masteller said that is Sebastian is paying less for ERUs because they are benefitting from the vast majority of ERUs in the Roseland commercial area, and why the Davis Street project was more expensive because it did not include that area. 20 of 83 Regular City Council Meeting September 24, 2014 Page Fourteen Mr. Gillmor said he liked the time certain, that this is negotiation and that's how it works. Ms. Coy said let's ask the County for a presentation. Mr. Masteller said the problem in the past with this area was they had to put in grinders, and gravity sewer is the least costly alternative. Ms. Coy said it was not unreasonable for us to defer for one meeting and ask about the 25% question. She said it could be at the next meeting. Arjuna Weragoda, IRC Utilities, said he understands the time certain on the construction side, but the construction cost is $2.1 M and the County has put this on their five year CIP, and they are going after grant money and if you have a shovel ready project it is easier to get funding. He said we attended a Council meeting and had a public workshop and we shared with Representative Mayfield and it was concluded that without construction plans the chances for the grant are not that good. He said if you feel like you want to put a time on the construction side we can come back. Ms. Coy asked him why since you are a utility and monies all go back to the County, why they are asking us to pay for this. Mr. Weragoda said it goes back to Davis Street. Ms. Coy said the way this was done says the County assumes we are willing to go ahead, noting we were counting on the Davis Street project and it got us in some hot water. She asked if anyone called from the County to see if we wanted to do this. The City Manager said we were approached by Mr. Baird, Mr. Burke and Mr. Masteller who asked if we were still interested in partnering in sewer and preserving the lagoon, noting the City's portion of the $150K for Davis Street was in repaving streets and drainage. Mr. Watanabe said that was correct. Ms. Coy said and while the street was torn up the County was going to come in and put in sewer. Mr. Gillmor said none of that $150K was for engineering. The City Manager said there was $5K for survey work. Mr. Weragoda said Mr. Masteller used that survey in the design. Mr. Gillmor said the City's total exposure was $150K to put in sewer and pave the road, the County has the franchise and asked again why are we paying. Mr. Gillmor said he was sticking with his motion and Mr. Hill withdrew his second. Ms. Coy said she wants a presentation from Mr. Baird or someone who can talk about the money. Mr. Hill asked how long have we talked about getting sewer to the riverfront and they are asking us to partner to get a grant which is incredibly necessary, citing studies showing pollution coming from septic. He said we had the County come here and discuss this plan and we all said yes and we should go forward with this and it would take care of everything on the east side of US 1. He then made a motion to approve this item but it died for lack of a second. 21 of 83 Regular City Council Meeting September 24, 2014 Page Fifteen Mayor McPartlan asked the City Manager to contact the County to come to a meeting to talk about the dollars and cents. The City Manager said he would try to get someone here for the next meeting. Mr. Gillmor suggested maybe inviting one of our County Commissioners as well. 14.163/ D. Approve Contract for Coolidge Street Construction and Award to Timothy Rose 13.079 Contracting in the Amount of $460,037 and Authorize City Manager to Execute (Transmittal, 12/13/13 Agenda Transmittal Re Presidential Streets, Coolidge Bid Contract from Timothy Rose Contracting) The City Manager said the Coolidge Street portion of the Presidential Streets project got shelved because of funding problems and staff would like to move forward now, and they can see the history of the project in the transmittal. He recommended award to Timothy Rose Contracting. MOTION by Mr. Adams and SECOND by Mayor McPartlan to approve. Damien Gilliams, 1623 US 1, asked if some of the money is coming from the CRA account, said you are raising taxes, you have money for roads and have unrestricted $5M in reserves, are moving money around so people can't track it. He said CRA money and DST money going to roads and playing a shell game. He said we should not raise taxes on resurfacing of roads because we have plenty of funds we have been moving around. He started talking about the north county sewer project. Ms. Coy called a point of order. Mr. Gilliams cited page 206 noting CRA money which he said should be used for other purposes. He said Golf Course and Building are losing money. He said people are tired of taxes and you have $5M in reserves. Ms. Coy called a point of order and said taxes are long done and were at the beginning of the meeting and we are on contract for Coolidge Street and ask the speaker remain on topic. Mr. Gilliams said there are DST funds in this item and it is all intertwined Ms. Coy asked for the project timeframe. The City Manager said Monday after Clambake for start and finish before the Arts Festival in January. Ms. Coy asked that it be guaranteed the staging area be clear for the art festival in case the road was not quite complete. The City Manager said he was certain we can make that guarantee. Roll Call: Hill, Adams, Coy, Gillmor, McPartlan Nays: None Passed 5-0 11. PUBLIC INPUT New information or requests to city council not otherwise on the prepared agenda Andrea Ring, Quarry Lane, Sebastian said she had an ongoing problem Waste Management not collecting her yard waste or coming by at all and Mr. Gillmor contacted them and now they are collecting the waste and wanted to thank him for his help. 22 of 83 Regular City Council Meeting September 24, 2014 Page Sixteen Walt McCarty, 110 Bryant Court, said he was back to discuss the squawking bird issue in his neighborhood, said he had called five or six times and went through the police record, noting that police officers visited him and heard the birds and went over to the property and the people were away and said the birds were in the back yard and in large cages and could not be moved and the same weekend an officer came out we went out on back porch and he heard the noise and said he was going to talk to them. He questioned why would they lie, and concluded his contention that there is a hole in the law. He said we have officer documentation that they are in the back yard, and they are large parrots. He said noise destroys your quality of life and is asking for an ordinance that you can't keep exotic birds in your back yard. He said other people in the neighborhood are afraid of confrontation. The City Manager said he had not been out there, but had met with the Chief, Council Member Gillmor, a Code Enforcement Officer who has been out there many times, and the Chief brought incident reports to the meeting and on every one no citation issued because they could not find supporting evidence and the Code Enforcement Officer made the same assertion. He said there has been a suggestion made that the gentleman supply a recording because if an officer Deputy Chief Witt said when we respond if there is no violation we can't make assumptions because it violates peoples' due process. He said Mr. McCarty is advised to call when occurring and if there is a violation they can take action. The City Manager said they asked for a recommendation from the City Attorney at their meeting about ordinance language. Mayor McPartlan asked if there is a problem with leaving them out on the back porch unattended, and the City Manager said they are in a porch area. Deputy Chief Witt said if an animal is outside they look to see if there is water or food and if not we contact animal control, and if the animal is being cared for but just being outside or on a porch is not a violation. Mayor McPartlan asked if we have talked to other neighbors and the City Manager said yes but he was not sure of their motivation not to come forward. Mayor McPartlan asked the City Attorney about our noise ordinance. The City Attorney said we spent time putting together a noise ordinance and if there is excessive noise you call police, stated he was at the staff meeting and the police records indicate when calls came in officers responded in a reasonable period of time, and they don't hear the violation of the ordinance and if they don't hear it they don't issue and if they do they issue a citation. He said an officer can demand the noise be tempered within five minutes and if not he can take the next step. He said the problem here is that we have a complaint from one specific property owner and we have talked with him about having a tape recording and he suggested it, and said he would record the noise, and that discussion took place on more than one occasion but it never occurred. He said our people have not heard anything to act under our ordinance, so from the way ordinance is addressed, we don't have a violation that we can establish. He said there have dozens of complaints filed over a period of years and it is a noise ordinance we don't proceed further. Mayor McPartlan said any recording would have to be time stamped. 23 of 83 Regular City Council Meeting September 24, 2014 Page Seventeen Mr. Gillmor said our noise ordinance was due to noise from the river and to a large degree that noise has subsided and been moderated and businesses have worked with the Police and neighbors, but his concern in reading this is it could be dogs and birds and there are mechanisms here but if you don't hear the noise you can't write a citation. The City Attorney said we also suggested we have a handheld decibel meter and though the noise ordinance is not a decibel type ordinance there is nothing wrong with an officer having a meter to register what kind of noise we are hearing. The City Manager said he empathized with Mr. McCarty and said he would have him get with Deputy Chief Witt and trade phone numbers, that he has the number for Code Enforcement on speed dial and can by-pass our call center when it occurs so they can get out to the house and verify it, and we can get him to work on a recording process, and even if there was authentication problems it is a place to start. Mayor McPartlan asked if we have spoken to the owners of the birds and the City Attorney said yes. Damien Gilliams said he felt for this gentleman and said Council purposely wrote the ordinance on the riverfront to take care of its friends and it is not enforceable. He said they have a duty and responsibility to provide peace and quiet at people's homes, and asked why don't they just tell the guy they're not going to do anything about it. He went on to say that it was not brought up that the hospital is on the east side of the railroad tracks and we need to get with others and lawyer up and stop this train, saying they are just enlarging the freight. Ms. Coy called a point of order for him to stay on topic and we have already addressed that. Russ Owen, Sebastian, said he had come to Council about his swale and that had been corrected but now the problem is mosquitoes, and that no one is spraying. He also said there is a large piece of aluminum in a tree near Attorney Gore's office since the 2004 hurricanes and someone needs to get it out. Ms. Coy advised he call Mosquito Control every day. 12. NEW BUSINESS - None 13. CITY ATTORNEY MATTERS 14.018 A. Oral Report Re: Meeting with Indian River County Attorney, City of Vero Beach Attorney and All Aboard Florida The City Attorney reported on the meeting which included Miles Tobin, Government Representative for AAF, where they talked about the crossing agreements and said no one has signed them as yet. He said Mr. Tobin said there will be tangible benefits up and down the line and AAF would quantify those for us. He said he will be bringing this back in the near future, noting the time limits originally imposed have been lifted. 14.164 B. Florida Constitutional Amendment Two — Regulation of Medical Mari2uana (Proposed Amendment Language) The City Attorney said after discussions with staff about preparing a zoning ordinance, it has been decided for now to handle this as a special use under the current code, which is 24 of 83 Regular City Council Meeting September 24, 2014 Page Seventeen something we impose conditions for. He said he got an email this morning from the County Attorney and that the County may look at something along the line of the pill mill ordinance, which they allowed municipalities to use, and said because of our irregular borders it may make sense to deal with this on a larger scale and we may be able to incorporate the County ordinance. 14. CITY MANAGER MATTERS The City Manager congratulated Sebastian Vacation Rentals, John and Debra Conway, who were recognized at the IRC Chamber Industry Appreciation for best reuse of property; said he will attend tomorrow's Executive Roundtable meeting with Chief Morris and report back to Council; and told Council he would like to enter into an agreement with Mulligans for a boat slip in which the City will install a lift for the Sebastian Police boat. He said the five year agreement is gratis. There was no objection from Council. 15. CITY CLERK MATTERS - None 16. CITY COUNCIL MATTERS A. Council Member Adams - None B. Council Member Coy - Go -Line Update Ms. Coy said there are issues with north county Go -Line routes and are currently level F. She asked for permission to sit down and seriously review alternate solutions to routes with the City Manager and MPO Director and Senior Resources to review it and come back with possible solutions at Council level. C. Council Member Gillmor - None D. Mayor McPartlan - None E. Vice Mayor Hill - None 17. Being no further business, Mayor McPartlan adjourned the Regular Meeting at 9:19 p.m. 25 of 83 CnLf SE VkSTLAN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL FORM Council Meeting Date: October 8, 2014 Agenda Item Title: Supplemental FDOT Joint Participation Agreement (JPA) for Airport Drive and Golf Course Storage Building. Recommendation: Staff recommends the City Council approve Resolution R-14-28 and authorize the City Manager to execute the Supplemental JPA with FDOT. Background: On 10 October 2012, Council approved a FDOT JPA for the Main Street Access Road Improvement project with Resolution R-12-33. This agreement secured FDOT funds of $600,000 with a local match of $275,000. At that time, it was identified that the City would also receive $450,000 from FAA funds to increase the total project cost to $1,325,000. However, the City actually received FAA funding of $600,000, so the total project amount is $1,475,000. This supplement joint participation agreement is to clarify with FDOT that the City has secured the additional FAA funding of $600,000. If Agenda Item Requires Expenditure of Funds: Total Cost: $1,475,000 City share/match: $275,000 Amount Budgeted in Current FY: -0- Project approved in FY 12-13 Amount budgeted in FY 12-13: $275,000 Amount of Appropriation Required: -0- Fund to Be Utilized for Appropriation: n/a Administrative Services Department Review: Attachments: 1. FDOT Supplemental JPA & Attachment A 2. R-14-28 City Manager Authorization: Date: 01 October 2014 W W RESOLUTION NO. R-14-28 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN FDOT PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT WHICH AMENDS THE JOINT PARTICIPATION AGREEMENT ADOPTED BY RESOLUTION NO. R-12-33 REGARDING FUNDING FOR MAIN STREET ACCESS ROAD IMPROVEMENTS AT THE SEBASTIAN MUNICIPAL AIRPORT; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City Council, on October 10, 2012, adopted Resolution No. R-12-33, approving a Public Transportation Joint Participation Agreement (JPA) Contract No. AQT69 with Florida Department of Transportation (FDOT) to provide funding for Main Street Access Road Improvements (Project No. 429695-1-94-01) at the Sebastian Municipal Airport; and WHEREAS, FDOT is recommending an amendment to the JPA Contract No. AQT69 to clarify receipt of funding from FAA in the amount of $600,000 rather than the anticipated $450,000 which was stated in the original JPA for a total project cost of $1,475,000. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. AUTHORIZATION. The City Manager is hereby authorized to execute the attached PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT for Project No. 429695-1-94-01 on behalf of the City, which is attached hereto. Section 2. CONFLICTS. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by seconded by and upon, being put to a vote, the vote was as follows: Mayor Bob McPartlan Vice Mayor Jim Hill Council Member Jerome Adams Council Member Andrea Coy Council Member Richard Gillmor The Mayor thereupon declared this Resolution duly passed and adopted this day of 2014. 27 of 83 City of Sebastian Resolution No. R-14-28 Page Two CITY OF SEBASTIAN 0 ATTEST: Sally A. Maio, MMC City Clerk Approved as to Form and Content for Reliance by the City of Sebastian Only: Robert A. Ginsburg, City Attorney Bob McPartlan, Mayor 28 of 83 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725.030.07 PUBLIC TRANSPORTATION PUBLIC TRANSPORTA6111 TION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT Page l o,3 Number 1 Financial Project No.: Fund: DPTO FLAIR Approp.: 088719 429695-1-94-01 Function: 637 FLAIR Obj.: 750004 (dem-segment-phase-sequence) Federal No.: Org. Code: 55042010429 Contract No.: AQT69 DUNS No.: 80-939-7102 Vendor No.: VF596000427008 CFDA Number: CSFA Number: 55.004 THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and City of Sebastian 202 Airport Drive East Sebastian, FL 32958 hereinafter referred to as Agency. WITNESSETH: WHEREAS, the Department and the Agency heretofore on the 31 st day of October . 2012 entered into a Joint Participation Agreement; and WHEREAS, the Agency desires to accomplish certain project items as outlined in the Attachment "A" appended hereto; and WHEREAS, the Department desires to participate in all eligible items for this project as outlined in Attachment "A" for a total Department Share of $ 600,000.00 NOW. THEREFORE THIS INDENTURE WITNESSETH: that for and in consideration of the mutual benefits to flow from each to the other, the parties hereto agree that the above described Joint Participation Agreement is to be amended and supplemented as follows: 1.00 Project Description: The project description is amended Main Street Access Road Improvements 29 of 83 725.030-07 PUBLIC TRANSPORTATION 6111 Page 2 of 3 2.00 Project Cost: Paragraph 3.00 of said Agreement is • increased O decreased by $ 275.000.00 bringing the revised total cost of the project to $ 1.475.000.00 Paragraph 4.00 of said Agreement is O increased • decreased by $ 0.00 bringing the Department's revised total cost of the project to $ 600,000.00 3.00 Amended Exhibits: Exhibit(s) B & D of said Agreement is amended by Attachment "A". 4.00 Contract Time: Paragraph 18.00 of said Agreement 1/30/2015 . 5.00 E -Verify: Vend ors/Contracto rs: 1. shall utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the Vendor/Contractor during the term of the contract; and 2. shall expressly require any subcontractors performing worts or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 30 of 83 729-030.07 PUBLIC TRANSPORTATION Bill Page 3 of 3 Financial Project No. 429695-1-94-01 Contract No. AQT69 Agreement Date Except as hereby modified, amended or changed, all other terms of said Agreement dated 10/31/2012 and any subsequent supplements shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written AGENCY City of Sebastian AGENCY NAME SIGNATORY (PRINTED OR TYPED) SIGNATURE TITLE FDOT See attached Encumbrance Form for date of Funding Approval by Comptroller LEGAL REVIEW DEPARTMENT OF TRANSPORTATION Gerry O'Reilly DEPARTMENT OF TRANSPORTATION Director of Transportation Development TITLE 31 of 83 Financial Project No. 429695-1-94-01 Contract No. AQT69 Agreement Date ATTACHMENT "A" SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT This Attachment forms an integral part of that certain Supplemental Joint Participation Agreement between the State of Florida, Department of Transportation and City of Sebastian 202 Airport Drive East Sebastian, FL 32958 d ated DESCRIPTION OF SUPPLEMENT (Include justification for cost change): This contract is amended to add FAA funds in the amount of $600,000. FDOT will match FAA funds at 5% and non -FAA funds up to 80% with a maximum total participation of $600,000. Comments: Page 1 of 2 32 of 83 As Approved As Amended Net Change I' Project Cost $1,200,000.00 $1,475,000.00 $275,000.00 As Approved As Amended Net I I. Fund DPTO DPTO DPTO Department: $600,000.00 $600,000.00 $0.00 Agency: $600,000.00 $275,000.00 $-325,000.00 Federal: $0.00 $600,000.00 $600,000.00 Total Project Cost $1,200,000.00 $1,475,000.00 $275,000.00 Comments: Page 1 of 2 32 of 83 ATTACHMENT "A" SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT III. MULTI-YEAR OR PREQUALIFIED PROJECT FUNDING If a project is a multi-year or prequalified project subject to paragraphs 4.10 and 17.20 of this agreement, funds are programmed in the Department's Work program in the following fiscal year(s): FY Amount 2013 $600,000.00 Page 2 of 2 33 of 83 CIA Lf 51E ;;Ms�w HOME OF PELICANl51ANa CITU' COUNCIL AGENDA TRANSMITTAL FORM Council Meeting Date: 08 October 2014 Agenda Item Title: Ordinance 0-14-05; Florida City Gas Franchise; 2"d Reading and Public Hearing Recommendation: Hold Public Hearing. Staff recommends Council approve 0-14-05 and authorize the City Manager to execute a Non -Exclusive Franchise Agreement with Florida City Gas. Background: On 24 September 2014, Council approved 0-14-05 on 15' reading. As presented previously, Pivotal Utility Holdings, Inc. d/b/a Florida City Gas (FCG) has been working to install, and operate, a natural gas line service to the City of Sebastian. The Franchise Agreement between FCG and the City will provide the proper structure to include: 1. Rate Calculation; 2. Dispute Resolution; 3. Insurance Requirements; and 4. Interest and Method(s) of Payment. Other contractual provisions are included that protect the City. FCG will be adding significant CNG infrastructure that will only aid economic development while reducing energy costs for Sebastian businesses. Staff feels we must move forward with this initiative that will provide a necessary service to Sebastian while protecting the City's interests through franchise fees, insurance protections, and FCG engineering/design obligations. If Aaenda Item Reauires Expenditure of Funds: Total Cost: n/a Amount Budgeted in Current FY: n/a If Cost Requires Appropriation: n/a Amount of Appropriation Required: n/a Fund to Be Utilized for Appropriation: n/a Administrative Services Department Review: Attachments: 1.0-14-05 2. Exhibit "A" Non -Exclusive Franchise Agreement City Manager Authorization: r Date: 01 October 2014 34 of 83 ORDINANCE NO. 0-14-05 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA; PROVIDING A SHORT TITLE; PROVIDING FINDINGS AND INTENT; INCORPORATING THE FRANCHISE AGREEMENT; GRANTING TO PIVOTAL HOLDINGS, INC., D/B/A FLORIDA CITY GAS; ITS SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE FRANCHISE FOR A PERIOD OF TWENTY-FIVE (25) YEARS TO CONSTRUCT, OPERATE, MAINTAIN, OWN, AND TRANSPORT IN THE CITY OF SEBASTIAN, FLORIDA, WORKS FOR THE MANUFACTURE OF, THE TRANSMISSION OF, THE DISTRIBUTION OF, AND THE TRANSPORTATION OF, THE SALE OF GAS, INCLUDING NATURAL, MANUFACTURED, OR MIXED GAS; PROVIDING CONDITIONS TO THE GRANT OF THE FRANCHISE; PROVIDING FOR CITY REGULATION OF THE GAS SYSTEM; PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS; PROVIDING SEVERABILITY; PROVIDNG FOR AN EFFECTIVE DATE. WHEREAS, the City desires to have a utility gas line system and facilities within the corporate boundaries of the City; WHEREAS, the City is prepared to enter into a non-exclusive franchise agreement for the construction and operation of a utility gas line system within the City; and WHEREAS, the City will receive compensation for the use of its rights -of way to accommodate the installation of such system, as defined in the terms of the franchise agreement; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. Pivotal Holdings Inc. d/b/a non-exclusive franchise to provide residential the City of Sebastian pursuant to the prov between the City of Sebastian and Pivotal F attached hereto as Exhibit "A" and incorporate set forth herein. Florida City Gas, is hereby granted a and commercial CNG service within sions of the Franchise Agreement :)Idings, Inc., d/b/a Florida City Gas �d herein by this reference as if fully Section 2. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance 35 of 83 without said invalid provision, thereby causing said remainder to remain in full force and effect. Section 4. EFFECTIVE DATE. This Ordinance shall take effect upon its adoption by the City Council. 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 Bob McPartlan Vice -Mayor Jim Hill Councilmember Jerome Adams Councilmember Richard H. Gillmor Councilmember Andrea B. Coy The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 2014. CITY OF SEBASTIAN, FLORIDA Mayor Bob McPartlan ATTEST: 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 36 of 83 EXHIBIT "A" NON-EXCLUSIVE FRANCHISE AGREEMENT This NON-EXCLUSIVE FRANCHISE AGREEMENT (the "Agreement") is entered into this 8h day of October, 2014 between the City of Sebastian, a political subdivision of the State of Florida, ("City"), and Pivotal Utility Holdings, Inc., a New Jersey corporation d/b/a Florida City Gas ("Franchisee"). (City and Franchisee shall sometimes be collectively referred to as the "Parties" and, individually, as a "Party"). This document contains ten (10) pages. WITNESSETH: WHEREAS, the City desires to grant a non-exclusive franchise to permit the construction, maintenance and operation of natural gas facilities within the City; and WHEREAS, the Franchisee is capable of providing such services. NOW, THEREFORE, the Parties agree as follows: SECTION 1. DEFINITIONS a. "City" shall mean the City of Sebastian, a political subdivision of the State of Florida. b. "Franchise" shall mean this Agreement and the rights granted to Franchisee hereunder. C. "Franchisee" shall mean Pivotal Utility Holdings, Inc., a New Jersey corporation d/b/a Florida City Gas, and its successors and approved assigns. d. "Gas System Facilities" or "Facilities" shall mean and include, but not be limited to, gas mains, pipes, supply pipes, conduits, ducts, service connections, manholes, regulators, drip pots, control devices, and any other hardware or other appurtenances used as a means of conveying, distributing or selling natural gas for the purpose of supplying natural gas to the meter of the Customer, constructed both prior to and during the term of this Agreement. e. "Customers" shall mean all residences, businesses, governmental entities and industrial establishments located within the City purchasing natural gas from Franchisee. f. "FPSC" shall mean the Florida Public Service Commission g. "Franchise Fee" shall mean the fees described in Section 8 of this Agreement. h. "Gross Revenues" shall have the meaning ascribed to such term by the 1 37 of 83 FPSC. "natural gas" shall mean natural gas in a gaseous state unmixed or a mixture of natural and artificial gas, whether manufactured, "landfill" or otherwise. j. "Service Area" shall mean the incorporated area of the City of Sebastian, Florida, and shall not include the territory outside the incorporated area of the City of Sebastian, Florida. k. "Uncollectible Accounts" shall mean any account which has been closed and the deposit applied and is 60 days past due. SECTION 2. FRANCHISE The City hereby grants to the Franchisee, and the Franchisee hereby accepts, the non-exclusive right, privilege and franchise to construct, maintain and operate only Gas System Facilities in, under, upon, over and across the present and future streets, alleys, bridges, easements and other public rights-of-way within the Service Area. The Franchisee shall construct, maintain and operate Gas System Facilities in accordance with established industry practices, and applicable federal, state and local law, including the orders, rules and regulations of the FPSC or any other regulatory body having jurisdiction over the Franchisee and, to the extent permitted by law, the City's installation, maintenance and operation standards in respect of natural gas. The Franchise term shall be the period of time commencing as of the effective date of this Agreement and continuing in full force and effect until expiring at midnight on 30 September 2038; provided, however, that the Franchise will automatically renew for successive ten (10) year terms until such time as one of the Parties notifies the other, with no less than two (2) years written notice, prior to the expiration of the then -current term, that it does not want the Franchise to automatically renew. If either Party elects not to renew the Franchise, then the Franchise shall expire upon the conclusion of the then current term. The City acknowledges that the rates, fees, and charges that Franchisee charges its customers pursuant to this Agreement are determined by the FPSC. This grant of authority to Franchisee is strictly limited to the provision of natural gas service only. It is explicitly recognized that this Franchise does not limit the Franchisee's ability to operate a liquefied petroleum (commonly referred to as LP gas, bottled gas, or propane) business within the Service Area, similar to any other liquefied petroleum business, nor does it limit the City's ability to assess a franchise fee upon the liquefied petroleum business within the limits permitted under Florida law. In the event Franchisee desires to use its existing Facilities or to construct new Facilities for the purpose of providing other utility or non-utility services to existing or potential Customers, including but not limited to providing public communications, leased fiber optic capacity, video services, telecommunication services or any other services other than the provision of natural gas services, or providing any other use to existing or 2 38 of 83 potential Customers, Franchisee shall seek additional and separate permission from the City for such activities. The Franchisee shall not sell, assign, lease or otherwise alienate and transfer this Franchise without the prior consent of the City, provided that such consent shall be granted or withheld in accordance with Chapter 59-1380, Section 4(g), of the Laws of Florida. To the extent that applicable law requires a public hearing before such consent may be given, the City shall a public hearing in compliance with applicable law. Notwithstanding the foregoing, Franchisee shall have the right, without obtaining the City's consent, to transfer or assign this Franchise as a result of a total or complete merger or consolidation of Franchisee with a third Party, or sale of the Franchisee's natural gas division assets. Any sale, assignment, lease or other alienation and transfer this Franchise shall be subject to the conditions that the successor -in -interest to the Facilities and/or the rights under this Franchise shall have agreed in writing to be bound by the terms and conditions of this Agreement. Any dispute relating to or arising out of the provisions of this paragraph shall be subject to the non-binding arbitration provisions set forth below, in Section 19 of this Agreement. Franchisee may, without obtaining the City's consent, pledge this Franchise and/or the facilities as security. SECTION 3. USE AND MAINTENANCE OF PUBLIC RIGHTS-OF-WAY Franchisee's Gas System Facilities shall be located or relocated and so constructed as not to interfere with, including but not limited to, sanitary sewers, drainage systems, water pipes, electrical conduits, communications cables or other public utility service facilities, existing at the time of such location, relocation or construction. The Franchisee's Facilities shall not obstruct or interfere with the public uses of streets, roads, highways or alleys, or create any conditions which are or may become dangerous to the traveling public. Above grade facilities shall be kept to a minimum, and shall be installed as near to the outer boundaries of the public rights-of-way as reasonably possible. The location or relocation of all Facilities shall be made after Franchisee has received all applicable permits, approvals and permissions from the City and such other governmental entities as may be necessary, and the location(s) or relocation(s) shall be subject to the City's supervision and approval. In consideration for the Franchise Fee paid under this Agreement, the Franchisee will not be assessed any permit fees associated with the installation, construction, repair or maintenance of any Gas System Facilities within the public rights-of-way. In the event that Franchisee is acting in its proprietary function as a retail provider of gas equipment or appliances, Franchisee shall seek the appropriate permits from the City. Franchisee shall cooperate with the City at all times by providing timely and complete information regarding the location of its Facilities. Franchisee and City shall cooperate and coordinate their efforts to make the most efficient and economical use of the public rights-of-way and the Gas System Facilities. If any street, highway or avenue is to be paved by the City, the City shall give written notice to the Franchisee not less than ninety (90) days prior to the commencement 3 39 of 83 of paving. Provided the Franchisee does not already have a main in the street, highway or avenue to provide natural gas service to the surrounding houses and other structures, Franchisee shall survey the surrounding houses and other structures to determine whether, in its sole discretion, construction of Gas System Facilities in the street, highway or avenue in question is economically feasible. Where such construction is determined to be economically feasible, the Franchisee shall construct such Gas System Facilities in the street, highway or avenue in question prior to paving by the City. However, in the event the Franchisee believes that such construction may not* be completed prior to City's planned paving schedule, the Parties will attempt to negotiate a revised paving schedule satisfactory to both Parties; provided, however, that if a delay in paving will cause additional expense to the City, or substantial inconvenience to the residents of the City, the City may proceed with its original paving schedule. The Franchisee shall, at its own expense, replace, repair and restore without delay any sidewalk, street, alley, pavement, water, sewer or other utility line or appurtenance, soil, landscaping, dirt or other improvement, property or structure of any nature, that may be damaged or displaced by the Franchisee in the conduct of its operations, and shall, at a minimum, restore all property to a condition equivalent to the condition immediately prior to the work and/or changes made by the Franchisee. Franchisee shall take safety precautions to alert the public of work, which may include, but is not limited to, the use of barricades and signs. The Franchisee shall move or remove any Gas System Facilities at no cost to the City, in the event of the widening, repair or reconstruction of any street, road, alley or other right-of-way by the City. The Franchisee and the City shall not be liable for any cost or expense in connection with the location or relocation of its Gas System Facilities at the request of any nongovernmental third party. Such requests shall not be honored until such non-governmental third party has made arrangements to reimburse the Franchisee and/or the City, as the case may be, in a manner satisfactory to such Party(ies). SECTION 4. INSURANCE The Franchisee, at all times during the exercise of its Franchise, shall carry general liability insurance in the amount of Five Million Dollars ($5,000,000.00) to indemnify any persons sustaining personal injury or property damage as a result of the actions of the Franchisee in the construction, operation or maintenance of its Facilities, The City shall be named as an additional insured. A certificate of insurance (including additional insured status) shall be filed with the Sebastian City Clerk. Notwithstanding the foregoing, the Franchisee may meet the insurance minimum using, in part or whole, any combination of self-insurance and captive insurance. In the event Franchisee elects to meet the insurance minimum using, in part or whole, any combination of self-insurance or captive insurance, the Franchisee shall provide the City with documentation attesting to its qualified status. To insure that the amount of liability insurance or self-insurance is consistent with industry standards, as such standards may change during the lengthy term of the Franchise (including renewals or extensions), the Parties agree to meet 4 40 of 83 approximately every five years to evaluate whether the amount of liability insurance or self-insurance provided under this Agreement is consistent with then -existing industry standards. If the Parties determine in good faith that the amount of liability insurance or self-insurance is less than the then -existing industry standard, the amount of such insurance shall be increased to be consistent with such standard. SECTION 5. INSTALLATION OF GAS MAINS; MAP OF GAS LINES Before the commencement of the construction of any Gas System Facilities, the Franchisee shall provide a drawing to the City establishing the location, lines or any other information reasonably requested by the City in connection with the Gas System Facilities. The laying of such Facilities shall conform to the designated locations, lines or other conditions of the City. After completion of the installation of any Facilities, two copies of complete location maps will be furnished to the City. The Franchisee and the City shall cooperate with respect to the form and format of the location maps. Franchisee agrees that the materials to be used in the construction, operation and maintenance of the Gas System Facilities and the service to be rendered shall be consistent with local industry standards and equivalent to those provided to the Franchisee's other franchised communities. The Franchisee shall, at all times, keep an accurate map showing the location of all Gas System Facilities laid and maintained by Franchisee under this Franchise, which shall be accessible for inspection by City officials upon advance written notice during reasonable business hours. SECTION 6. ACCIDENTS OR DAMAGES; EMERGENCIES The City shall not be liable or responsible in any manner whatsoever for any accident, personal injury, property damage or any claim or damage that may occur in the course of the construction, operation or maintenance of any of its Facilities by Franchisee, and its employees, agents, contractors, and any third parties hired by Franchisee to perform any aspect of Franchisee's responsibilities under this Agreement, except for damages specifically caused by or arising out of the negligence, strict liability, intentional torts or criminal acts of the City. Nothing in this Agreement shall be construed to affect in any way the City's rights, privileges, and immunities under the doctrine of "sovereign immunity" as set forth in Section 768.28, Florida Statutes. The City acknowledges that, in the event of an emergency involving the Gas System Facilities, Franchisee's obligations to notify various constituents of such circumstances are regulated by the FPSC. SECTION 7. INDEMNIFICATION Franchisee shall indemnify, defend and hold harmless the City, its Council Members, officers, agents and employees from, and against, any and all claims, suits, actions, regulatory or administrative proceedings (including reasonable attorney's fees, 5 41 of 83 including appeals), liabilities and expenses arising during the term of this Franchise and resulting in personal injury, loss of life or damage to property sustained by any person or entity (collectively "Claims") caused by or arising out of Franchisee's negligence, intentional torts, strict liability, breach of applicable law or breach of this Agreement in connection with the construction, operation or maintenance of its Gas System Facilities within the Service Area, except for Claims caused by or arising out of the negligence, strict liability, intentional torts, breach of applicable law or breach of this Agreement by the City. Nothing in this Agreement shall be construed to affect in any way the City's rights, privileges, and immunities under the doctrine of "sovereign immunity" as set forth in Section 768.28, Florida Statutes. The provisions of this Section shall survive the termination of this Agreement. SECTION 8. FRANCHISE FEE Within thirty (30) days after the close of the first full billing month (payment for which shall include any prior partial month) following the effective date of this Franchise Agreement, and each month thereafter during the term of this Franchise Agreement, the Franchisee shall pay to the City a Franchise Fee which, when added to the amount of all licenses, excises, fees, charges and other impositions of any kind whatsoever (except ad valorem property taxes and non -ad valorem tax assessments on property) levied or imposed by the City against Franchisee's property, business or operations and those of its subsidiaries, is equal to six percent (6%) of the Franchisee's Gross Revenues, less any adjustments for Uncollectible Accounts, from the sale, transportation, distribution or delivery of natural gas to Customers within the Service Area. In the event any Uncollectible Account becomes collectible and/or is collected, an adjustment in amount due the City shall be made in the next monthly payment. The Franchise Fee payment shall be deemed paid on time if post -marked within thirty (30) days of the close of the preceding billing month.. SECTION 9. RIGHT OF CITY TO INTERVENE The City reserves to itself the right to intervene in any suit, action or proceeding involving any provision of this Agreement. Franchisee agrees to advise the City of any such suits. SECTION 10. ACCOUNTS AND RECORDS, RIGHTS TO AUDIT The Franchisee shall establish and maintain appropriate accounts in accordance with generally accepted accounting methods, and shall maintain records in such detail that Gross Revenues within the limits of the Service Area are consistently declared and identified separately from all other revenues. All records shall be maintained for a minimum of three (3) years, or longer if required by applicable regulatory bodies. The Franchisee further agrees that the City, by any duly authorized representative, shall have the right during business hours, and with prior written notice, to inspect and/or audit the books and records of the Franchisee that evidence the Gross Revenues and computations 6 42 of 83 of Franchise Fee payments made by the Franchisee to the ityCity. If the ityCity decides to inspect and/or audit Franchisee's books and records, specifically Franchise Fee payments made to the ityCity and Franchise Fee computations, the Franchisee shall permit a ityCity representative to review the pertinent portion of the Franchisee's books and records including billing and collection records at the Franchisee's office where these records are housed, during normal business hours. In the event that an audit of Franchisee's books determines that Franchisee made underpayment in any month and that the underpayment exceeded five percent (5%) of the amount actually due in such month, Franchisee shall pay interest at the rate of twelve percent (12%) per annum on the amount underpaid or not paid calculated from the date the amount was due to the date it was finally paid. Both the underpayment and interest shall be paid within thirty (30) days after receipt of demand from the City. SECTION 11. CHANGES TO THE CITY Upon the ity City's annexation of any property and reasonable notice to Franchisee thereof, the portion of Franchisee's Facilities that may be located within itysuch annexed territory, and upon the streets, alleys or public grounds, shall be subject to all the terms of this Franchise. SECTION 12. FORFEITURE OR REVOCATION OF FRANCHISE The Franchisee's material failure to comply in any respect with any of the provisions of this Franchise after written notice from ityCity and a reasonable opportunity, no less than one hundred and eighty (180) days, to cure shall be grounds for forfeiture of this Franchise pursuant to which the ityCity shall have the right to revoke and cancel all franchise rights granted in this Agreement; provided, however, that Franchisee's failure to comply with any provision of this Franchise as the result of a strike, lockout, or any other cause beyond the reasonable control of the Franchisee (collectively, "Force Majeure") shall not constitute grounds for the ityCity's revocation and cancellation of any rights hereunder. In the event Franchisee in good faith disputes the ityCity's determination of the Franchisee's material non-compliance with the provision(s) of this Franchise specified in the ityCity's notice, or the ityCity disputes the Franchisee's assertion that its failure to comply with the provision(s) of this Franchise was or is the result of Force Majeure, the Franchisee and the ityCity shall negotiate in good faith to resolve the dispute prior to submitting the dispute to non-binding arbitration as provided below. If any dispute remains unresolved thirty (30) days after the commencement of negotiations pursuant to this Section, such dispute may, at the election of either Party, be submitted to non-binding arbitration pursuant to the provisions of Section 20 of this Agreement. Nothing in this Section 12 shall be construed as obligating a Party to negotiate or arbitrate a renewal or extension of this Franchise. Notwithstanding any provision to the contrary, Franchisee acknowledges that nothing contained in this Agreement shall constitute a waiver by the ityCity of any rights it may possess at law (including but not limited to the power of eminent domain), or as afforded under Chapter 166, Florida Statutes. 7 43 of 83 afforded under Chapter 166, Florida Statutes. SECTION 13. DESIGNATED REPRESENTATIVES The following individuals are designated to represent the City and Franchisee respectively on all matters concerning the Franchise. All written communication shall be given by mail, either regular or certified with return receipt requested, to the addresses provided, or at such other address as either Party may advise the other in writing: For the City: City Manager 1225 Main Street Sebastian, FL 32958 With a copy to: City Attorney 1225 Main Street Sebastian, FL 32958 For the Franchisee: General Manager Florida City Gas 955 East 25 Street Hialeah, FL 32955 With a copy to: AGL Resources Inc. Ten Peachtree Place Atlanta, GA 30309 Attention: General Counsel SECTION 15. NO WAIVER Nothing in this Agreement shall be construed as a surrender or waiver by the City of (a) its police powers or the authority to regulate the use of the public streets and/or other public places, provided no regulation contravenes the material terms of this Franchise, and (b) its right to sovereign immunity. SECTION 16. RIGHT TO ENFORCE Each Party shall have all rights and remedies available in law or in equity in the event of a material breach of any obligation set forth in this Agreement by the other Party. SECTION 17. ATTORNEY FEES Except as otherwise provided, City and Franchisee agree that if litigation or administrative proceedings become necessary to enforce any of the obligations, terms and conditions of this Franchise, the prevailing Party shall be entitled to recover reasonable 8 44 of 83 attorney's fees and court costs, including fees and costs on appeal, from the non - prevailing Party. If the subject matter of the dispute was submitted to non-binding arbitration pursuant to Section 20 below, the term "prevailing Party" in the prior sentence shall mean the Party for whom the final judicial or administrative decision is more favorable than the non-binding arbitration decision. SECTION 18. ENTIRETY This writing embodies the entire agreement and understanding between the Parties, and there are no other agreements and understandings, oral or written, with reference to this subject matter that are not merged and superseded. SECTION 19. GOVERNING LAW This Agreement shall be governed by and construed according to the laws of the State of Florida, and venue shall be in Indian River County, Florida. SECTION 20. NON-BINDING ARBITRATION Either Party shall have the right to submit a dispute arising under this Agreement to non-binding arbitration by notifying the other Party of such election in writing within forty-five (45) days after the dispute arises. Within fifteen (15) days following the giving of such a notice by a Party, each Party shall furnish the other Party with the name, address and telephone number of a person designated by that Party to participate with a person designated by the other Party in selecting an individual to act as the sole arbitrator of the dispute. If a Party fails to designate to the other Party a person to participate in the selection of the sole arbitrator, or if the persons so designated by the Parties fail, within thirty (30) days following the giving of notice of the dispute by the Party invoking the provisions of this section, to agree on a sole arbitrator of the dispute, either Party shall have the right to apply to the Circuit Court for the 19th Judicial Circuit of the State of Florida for the appointment of such sole arbitrator. The Parties agree that the timing of, and rules governing the conduct of, the non-binding arbitration proceeding shall, unless otherwise agreed, be determined by the sole arbitrator in accordance with applicable law. Unless otherwise agreed, the place of arbitration shall be Indian River County, Florida. In making any award, the arbitrator shall be subject to any provisions of this Franchise which expressly limit remedies or damages. The Parties shall share equally the compensation and expenses of the arbitrator and the expense of any hearing, and each Party shall bear the compensation and expenses of its own counsel and other representatives (if any). Each Party shall continue to perform its obligations under this Franchise pending final resolution of any dispute submitted to non-binding arbitration pursuant to this section, unless to do so would be impossible or impracticable under the circumstances. Notwithstanding the pendency of any arbitration proceeding hereunder, a Party, without prejudice to the above procedures, may file a judicial or administrative complaint for statute of limitations or venue reasons, or seek a preliminary injunction or other provisional judicial or administrative relief, if in its sole judgment, such action is necessary to avoid irreparable damage or to preserve the status quo. Despite such action, 9 45 of 83 the Parties will continue to participate in good faith in the non-binding arbitration provided for above. Either Party may file judicial or administrative proceedings to obtain a binding decision, if such Party does not agree with the arbitration decision. In such event, Section 17 above shall apply with respect to an award of attorney's fees and court costs. SECTION 21: EFFECTIVE DATE This Franchise Agreement shall become effective upon its acceptance by the Franchisee, which acceptance must be evidenced in writing by signature of this document within thirty (30) days of the City's passage and adoption hereof. WHEREFORE, the Parties have caused their duly authorized representatives to execute this Agreement on the date first written above. ATTEST: Sally A. Maio, MMC City Clerk Approved as to form and legality Reliance by the City of Sebastian Robert A. Ginsburg City Attorney CITY OF SEBASTIAN, FLORIDA Joseph Griffin City Manager Pivotal Utility Holdings, Inc. d/b/a Florida City Gas Name: Title: 10 46 of 83 alY"I SEAT" HOME OF PELICAN I5LAND CITY COUNCIL AGENDA TRANSMITTAL FORM Council Meeting Date: 08 October 2014 Agenda Item Title: Inter -local Agreement for North Sebastian Sewer and Water Main Design —Discussion Only Recommendation: Staff requests Council direction regarding a proposed inter -local agreement with Indian River County for the design cost of $62,088 for the North Sebastian Sewer Project. Background: In October 2012, the City entered into an inter -local agreement with Indian River County (IRC) for the 'Davis Street Sewer Project.' That project was not started and was subsequently dropped by IRC Utilities. For approximately the last six months, discussions have been ongoing with IRC concerning a 'North Sebastian Sewer Project' as an alternative to "Davis Street" and expanding sewer service, generally, in the north county. On 16 September 2014, an inter -local agreement was approved by the IRC Board of County Commissioners that would provide for a 60140 split (IRC: $93,132; COS: $62,088) of design costs for a proposed sewer system in the North County/Sebastian area. On 24 September 2014, Council was presented with the IRC approved inter -local agreement. Council 'tabled' the issue pending further discussion. A representative from IRC Utilities will be available for a presentation and Q&A. If Agenda Item Reauires Exaenditure of Funds: Total Cost: -0- Amount Budgeted in FY15: $100,000 If Cost Requires Appropriation: nfa Amount of Appropriation Required: nla Fund to Be Utilized for Appropriation: nla Administrative Services Department Review: Attachments: 1. IRC report re North Sebastian Sewer Design project; 2. Inter -local Agreement (North Sebastian Sewer & Water Main) 3. Inter -local Agreement 02 October 2012 (Davis Street) City Manager Authorization: Date: 01 October 2014 47 of 83 INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: August 26, 2014 To: Joseph A. Baird, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager Aw Subject: North Sebastian Sewer Design —Commercial Area of Phase 1 DESCRIPTIONS AND CONDITIONS: On August 20`h, 2013, the Indian River County Board of County Commissioners (BCC) approved Work Order No. 6 with Masteller and Moler, Inc. (M&M) to provide professional services to investigate the feasibility of installing centralized sewer services in the North Sebastian area. On February 11, 2014, the results of the study were presented to BCC and the board directed staff to present the findings to the City of Sebastian. Staff presented the findings on February 12th 2014 to the City Council and a workshop was held at the City of Sebastian chambers on March 19t" 2014. Staff also presented the information to the Friends of Sebastian River on May 27th 2014. ANALYSIS/ENGINEERING: Masteller and Moler, Inc. evaluated four (4) alternatives in the Sewer Feasibility study for the North Sebastian Area. The subject study recommended the gravity alternative as the preferred method for a centralized sewer system. The construction of the centralized sewer in the north Sebastian area will be accomplished on a phased approached. The commercial area east of US Hwy 1 will be designed and constructed in the first phase. In the spring of 2014, two grant applications for consideration were submitted for the subject project, without a positive outcome. Staff feels that having a shovel ready project may Increase the likelihood of securing grants. Therefore, per the CCNA procurement guidelines, staff requested M&M submit a proposal for design, permitting and preparation of construction plans for the Commercial Area of Phase 1 portion of the study. On November 15th, 2011, the Indian River County Board of County Commissioners approved the Continuing Contract Agreement for Professional Services with Masteller & Moler, Inc and under that contract they (M&M) submitted Work Order No.7 to perform the work outlined above. The total negotiated cost to include the engineering services is a lump sum amount of $155,220.00. The estimated construction cost for the commercial area of Phase 1 centralized sewer system is approximately $1,967,394.70. 128 48 of 83 FINANCING FUNDING: Staff reached out to the City of Sebastian on this endeavor as they are a major stakeholder. The City has voiced their willingness to support the County on such an endeavor and to that effect has set aside monies for a centralized sewer system within the City limits. M&M's proposal broke down the construction cost to two areas, one within the City of Sebastian city limits and the other within the Unincorporated County. Staff evaluated M&M's proposal on the breakdown of construction cost, ERU's and decided that a 60/40 split, where 60% of the cost to be borne by Indian River County and the remainder 40% to be paid by the City of Sebastian is an appropriate solution. Therefore, the funding for the subject Phase will be shared as follows: Financing Agency Phase 1 Cost —Includes: Design, Permitting and Preparation of construction plans City of Sebastian $ 62,088.00 _ Indian River County -Utilities $ 93,132.00 Total Engineering Services Fee= $155,220.00 On October 2, 2012 an Inter -local Agreement (ILA) was entered for a sewer project within Central Avenue and Davis Street. Since that time, a broader area has been looked at and evaluated in the completed sewer feasibility study. Therefore, the former ILA is no longer practical and a new ILA has been prepared as part of the subject agenda for BCC approval. The County will enter into a new Inter -local Agreement with the City to outline the terms and details between the two parties, including each parties requirements and responsibilities. City staff has agreed to take the attached Inter -local Agreement to their Council at the regularly scheduled meeting on September 24, 2014 for approval. Obtaining grant funds to help reduce the large capital costs will be critical in order to move the project to the construction phase. Funds for this project are derived from the other professional services account in the operating fund. Operating funds are generated from water and sewer sales. ACCOUNT NO.: Description Account Number Amount Other Professional Services 47123536-033190 $93,132.00 49 of 83 129 RECOMMENDATION: Staff recommends approval of the following: Attached Work Order No. 7 authorizing the above-mentioned professional services for a lump sum amount of $155,220.00 to Masteller & Moler, Inc. Note, that notice to proceed to M&M will be issued once the County has received confirmation from the City of Sebastian of its approval of the Inter -local Agreement. • Approve the Inter -local Agreement for North Sebastian Sewer and Water Main Design for the Commercial Area of Phase 1 which replaces the October 2, 2012 Inter -local Agreement. ATTACHMENT(s): 1. Work Order No. 7 Gravity Sewer Project for North County/Sebastian Commercial Areas with Masteller & Moler, Inc., including Exhibit 1. 2. Inter -local Agreement for North Sebastian Sewer and Water Main Design for the Commercial Area of Phase 1. 3, Inter -local Agreement for Davis Street Sewer Main and Lift Station approved October 2, 2012 by BCC. APPROVED FOR AGENDA: By: Joseph A. Baird, County Administrator Fo v Date Indian River Co. Approved Date Administration Legal Budget j Utllitles S ! Utilities -Finance Q j F:\Utilities\UTILITY - Engineering\Projecls - Utility Construction Permits\IRC - Sewer Feasibility Studies UCP N 4101\3. North Sebasllen (M&M)\Admin\Agenda - North Sebastian Sewer Design -Phase Ldoc 50 of 83 130 MM File #1422 August 25, 2014 NON-EXCLUSIVE PROFESSIONAL ENGINEERING AGREEMENT CONTINUING CONSULTING SERVICES "EXHIBIT 1" WORK ORDER NO.7 (Scope of Work) Proiect Description Masteller & Moler, Inc. (MM) is pleased to present you with Work Order #7 which provides professional engineering services for design and preparation of construction plans, and permitting applications covering the proposed sanitary sewer collection and conveyance project. The project covers the two (2) commercial areas which are part of Study Area #1 covered in the "Sanitary Sewer Feasibility Study and Report for the North Sebastian Area" prepared by Masteller Moler Inc. and dated November 2013. The feasibility study provided the preliminary design of a gravity sanitary sewer collection and conveyance system along with project cost estimates for Study Area #1. Several meetings have been held with the City of Sebastian Staff, the Indian River County Utilities Director, and Masteller & Moler, Inc. during which it was determined that the commercial areas of Study Area #1 should move forward with design, construction plans, and permitting. A project which is "bid ready" will have a greater probability of securing construction grant funding than a project only at the "study" phase. The two (2) commercial areas of Study Area #1 which will be included in this project are generally described as follows: • The commercial area in the unincorporated part of Indian River County along the east side of US Highway #1 from the Sebastian Cemetery north to Bay Street. • The commercial area in the City of Sebastian including North Central Avenue, Jackson Street, Madison Street and Davis Street. Indian River County and the City of Sebastian both recognize the numerous benefits to be gained by the construction of a sanitary sewer gravity collection and conveyance system in these two (2) commercial areas. One benefit of constructing a public sewer system is the elimination of numerous existing and future septic systems which result in pollution of the groundwater table and ultimately pollution of the Indian River Lagoon to the east. Also, in many cases these septic systems represent inconvenience and expense to the users due to their malfunction. The lack of public sewer prevents or limits the orderly growth of commercial development. Since both of these areas included in the project are designated for commercial development, the availability of public sanitary gravity sewer will facilitate the development of these areas. The accelerated commercial development growth will increase employment in the area and provide increased economic activity and stability in the north County and Sebastian area. A brief description of the scope of services for this Work Order is provided below: 51 of 83 Exhibit #1 (Scope of Work) 08/25/2014 Page 2 • Scope of Services WO # 7 Sewer Design For N. Sebastian Area File #1422 Masteller & Moler, Inc. will complete the project design, prepare "bid ready" construction plans, and prepare permitting applications for this project. Our services will include obtaining field surveying services, and soils engineering services as necessary for design purposes. The project plans will follow the preliminary design provided in the "Sanitary Sewer Feasibility Study and Report for the North Sebastian Area" and utilize all existing information available to us from Indian River County Utilities and the City of Sebastian. Our services will include preparation of permit applications to FDEP, FDOT, and County/City Right-of-way Access in order to construct the project. Application fees are estimated at $1,750.00 for permits and are not included in our project fee. Communication will be maintained with Indian River County Utilities and the City of Sebastian staff during the execution of this project. The project will be bid as one (1) project but includes separate bid tabulations for the unincorporated and City of Sebastian project areas. This will allow better project control and minimize confusion between the two (2) government entities. The portion of the project in unincorporated Indian River County will consist of a gravity sanitary sewer collection system to be constructed along the east side of US Highway #1 from the north property line of the Sebastian Cemetery to the vicinity of Bay Street. A wastewater pumping station will be constructed on property to be acquired somewhere south of Roseland Road on the east side of US Highway #1. The sanitary sewer collection system will provide service to all of the existing and future commercial properties along the east side of US Highway #1. The estimated number of parcels and Equivalent Residential Units (ERUs) which can connect to this portion of the project is (10) and (213), respectively. Also included is the addition of two (2) sections of water main, hydrants, and valves to complete the water system on the east side of US Highway #1. The preliminary estimated project cost for the unincorporated portion of the project, including engineering services and contingencies is shown on included "Attachment #1." The portion of the project in the City of Sebastian will consist of a gravity sanitary sewer collection system to be constructed in North Central Avenue from Jackson Street, south to the vicinity of US Highway #1 and a gravity sanitary collection system constructed in Jackson Street from US Highway #1 to North Central Avenue, Madison Street from US Highway #1 to North Central Avenue, and Davis Street from US Highway #1 to North Central Avenue. Gravity sewer will be extended east on Davis Street from North Central Avenue to serve two (2) connections on the north side of Davis Street. A wastewater pump station will be constructed at Davis Street and North Central. Lastly, south of the above-described area, three (3) lots, two (2) of which are improved, along the east side of US Highway #1 will be served from the back with gravity sewer and a water main. The gravity sewer will be connected to the existing city -owned pump station adjacent to Crabby Bill's Fish House as shown in the study. The estimated number of parcels and Equivalent Residential Units (ERUs) which can connect to this portion of the project is (50) and (82), respectively. The preliminary estimated project cost for the City of Sebastian portion of the project including engineering services and contingencies is shown on the included "Attachment #2," The estimated total cost of this project is $2,125,000.00. A specific list of tasks and their brief description is presented as follows: 52 of 83 Exhibit # 1 (Scope of Work) WO # 7 08/25/2014 Sewer Design For N. Sebastian Area Page 3 Fite #1422 Task A — Civil Engineering Services Masteller & Moler, Inc. will provide final design, prepare construction plans and permit applications for the project as described in the "Scope of Services" section of this proposal. Task B — Surveying Services Masteller, Moler & Taylor, Inc. will perform surveying services for the project as follows: 1) Project initiation, including review of existing deeds and surveys, files and field notes, preparation of work orders and field crew folders. 2) Find, recover and measure field ties into existing survey control along the route to establish the rights of way and baseline of survey. Tie Horizontal Control to Florida State Plane Coordinate System, Florida East Zone, NAD 83. 3) Find and recover existing vertical control. Elevations shall be based upon the North American Vertical Datum of 1988 (NAVD 88) with a conversion to the National Geodetic Vertical Datum of 1929 (NGVD 29) provided. Perform bench run and establish benchmarks along the survey corridor at maximum 1,000 foot intervals. 4) Field monument baseline control at maximum 1,000 foot intervals. Control points shall consist of iron rod and cap or nail and disk. Control points shall be designated on survey with station/offset and NAVD '88 elevation. 5) Field locate and record vertical ground elevations sufficient to generate a center line of road profile for the main corridor and side streets and all distinct locations (inverts, retention areas, swales, ditches etc.) and changes in contour along the right of way corridor. Obtain ground elevation on each property in center of lot if vacant or near existing septic location to the best of our abilities. If septic location not obtainable, obtain ground elevation near existing main building. 6) Field locate and record existing improvements and man-made features within the right of way, including but not limited to, roads, swales, driveways, culverts, signage and mailboxes, visible utilities, fences etc. within the existing Right -of -Way. 7) Field locate and identify limits of vegetation and trees, 4" or larger within the right of way limits. 8) Locate and obtain ground elevation at approximately (10) soil borings locations as determined by the engineer. 9) Process field data and determine limits of existing North Central Avenue, Davis Street, Madison Street, Jackson Street, U.S. Highway # 1 and Roseland Road right-of-ways. Prepare survey drawing in accordance with Minimum Technical Standards including cover sheet with location sketch, related title and project number, notes, legend, abbreviations and plan view sheets. Prepare final deliverables. 10) Research property description, deeds etc. for proposed easement and prepare one legal description and sketch as applicable. Location to be determined by the engineer. 53 of 83 Exhibit #1 (Scope of Work) WO # 7 08/25/2014 Sewer Design For N. Sebastian Area Page 4 File #1422 Task C — Soils Engineering Services KSM will perform soil engineering services for the project as follows: Perform fifteen (15) soil borings, twelve (12) to a depth of 10', one (1) to a depth of 15' and two (2) to a depth of 25' below existing grade in order to classify the soils in accordance with the unified soil classification system and specify the groundwater water table and normal estimated seasonal high groundwater table at each location. The locations will be as indicated on the aerial provided by Masteller & Moler, Inc. 54 of 83 August 25, 2014 NON-EXCLUSIVE PROFESSIONAL ENGINEERING AGREEMENT CONTINUING CONSULTING SERVICES "EXHIBIT 1" WORK ORDER NO.7 (Fee Schedule) Method and Amount of Compensation Masteller & Moler, Inc. proposes to provide the outlined Scope of Services based on the following lump sum fees: 1. Prime Consultants Fee • Task A - Primary Consulting Engineering Services by Masteller & Moler, Inc. $128,320.00 2. Sub -Consultants Fees • Task B - Surveying Services by Masteller, Moler & Taylor, Inc. (No Administration Multiplier) $ 17,300.00 • Task C - Soils Engineering Services by KSM (4,000.00 x 1.15) $ 4,600.00 3. Reimbursables Expenses: • Reimbursement for payment of direct costs, including $ 5,000.00 est. reproduction, copies, prints, mail, Fed -Ex, etc. (See below for actual costs) Note: est. = estimated amount. Actual cost will vary depending on quantity provided. Printing and Reproduction, Mail and Delivery The County shall make direct payment to our office for the cost of printing project plan sheets required for utility coordination and for copies of reports, drawings, specification, and other pertinent items required by federal, state, and local agencies from whom approval of the project must be obtained, material suppliers, and other interested parties, but may charge only for the actual cost of providing such copies based on EXHIBIT "2" - CONSULTANT'S BILLING RATE of the "Master Agreement" as follows: Letter 8'/z" x 11" $ 0.25 Legal 8'/2" x 14" $ 0.35 Oversized 11"x 17" $ 0.50 Black Line Plans 24" x 36" $ 1.00 Mylar 24" x 36" $ 4.00 The County shall make direct payment to our office for the actual cost of mail, Fed -Ex, or similar costs for delivery of plans and documents to jurisdictional agencies, contractors, etc. Application Fees are to be paid directly to jurisdictional agencies. 55 of 83 August 25, 2014 NON-EXCLUSIVE PROFESSIONAL ENGINEERING AGREEMENT CONTINUING CONSULTING SERVICES "EXHIBIT 1" WORK ORDER NO.7 (Time Schedule) Time of Performance The estimated time frame for completion of services from the approval of this Work Order is as follows: MILESTONE COMPLETION DATE Tasks A, B, and C 180 Calendar Days after Notice To Proceed Note: The time for completion of the 60% design drawings, permit applications and Engineer's Opinion of Probable Construction Cost for the project shall be four (4) months from notice to proceed. Once permits are received, 100% design drawings shall be completed in sixty (60) calendar days thereafter. 56 of 83 WORK ORDER NO. 7 ATTACHMENT #1 Unincorporated Portion of Project U.S. #1: Gravity Sewer & Potable Water Item No. Item Description Quantity Unit of Measure 35 Reimbursables Estimate 1 Unit Price 36 TOTAL ESTIMATED PROJECT COST Total Price 1 Mobilization 1 LS $ 30,000.00 $ 30,000.00 2 Maintenance of Traffic 1 LS $ 15,000.00 $ 15,000.00 3 Stakeout Survey & As-builts 1 LS $ 20,000.00 $ 20,000.00 4 Standard Manholes 0'-6' 1 EA $ 3,900.00 $ 3,900.00 5 Standard Manholes 6'-8' 4 EA $ 4,500.00 $ 18,000.00 6 Standard Manholes 8'-10' 5 EA $ 5,100.00 $ 25,500.00 7 Standard Manholes 10'-12' 1 EA $ 5,600.00 $ 5,600.00 8 Pump Station #1 1 LS $ 164,000.00 $ 164,000.00 9 4" Dia. Force Main 1,175 LF $ 15.00 $ 17,625.00 10 Testing force main 1 LS $ 1,000.00 $ 1,000.00 11 10" PVC Sewer 0'-6' 615 LF $ 24.00 $ 14,760.00 12 10" PVC Sewer 6'-8' 1,590 LF $ 30.00 $ 47,700.00 13 10" PVC Sewer 8'-10' 2,025 LF $ 40.00 $ 81,000.00 14 10" PVC Sewer 10'-12' 310 LF $ 53.00 $ 16,430.00 15 Testing (TV of Mains) 4,540 LF $ 1.50 $ 6,810.00 16 8" Dia. Water Main 3,185 LF $ 19.00 $ 60,515.00 17 8" Gate Valve 4 EA $ 1,500.00 $ 6,000.00 18 Fire Hydrant Assembly 7 EA $ 3,100.00 $ 21,700.00 19 Dewatering 3,210 LF $ 8.00 $ 25,680.00 20 Single Lateral 19 EA $ 625.00 $ 11,875.00 21 Erosion & Sediment Control 1 LS $ 15,000.00 $ 15,000.00 22 Paved Restoration (Open Cut) 4,780 LF $ 50.00 $ 239,000.00 23 Sod 4,120 LF $ 4.00 $ 16,480.00 24 SUBTOTAL $ 863,575.00 25 Contingencies (15%) 1 LS $ 129,536.25 $129,536.25 26 ITOTAL ESTIMATED CONSTRUCTION COST $ 993,111.25 33 Eng. Design, Const. Plans & Permitting 1 LS $ 64,770.00 $ 64,770.00 34 Subconsultants- Surveying, Soils Eng. Fees 1 LS $ 12,525.00 $ 12,525.00 35 Reimbursables Estimate 1 LS $ 2,500.00 $ 2,500.00 36 TOTAL ESTIMATED PROJECT COST $ 1,072,906.25 USE - - - - $1,075,000.00 'Contingencies include easement acquisition, misc. construction items, etc. File #1422 (Bid Form Revised_14-0822.xls l Tab-gravityusl) cM3 WORK ORDER NO. 7 ATTACHMENT #2 City of Sebastian Portion of Project Southern Portion of N. Central Ave., U.S. #1, Davis, Jackson, and Madison Streets: Gravity Sewer & Potable Water Item No. Item Description Quantity Unit of Measure LS $ 9,375.00 $ Unit Price 35 Reimbursables Estimate 1 Total Price 1 Mobilization 1 LS $ 30,000.00 $ 30,000.00 2 Maintenance of Traffic 1 LS $ 15,000.00 $ 15,000.00 3 Stakeout Survey & As-builts 1 LS $ 15,000.00 $ 15,000.00 4 Standard Manholes 0'-6' 15 EA $ 3,900.00 $ 58,500.00 5 Standard Manholes 6'-8' 4 Fro $ 4,500.00 $ 18,000.00 6 Standard Manholes 8'-10' 3 EA $ 5,100.00 $ 15,300.00 7 Pump Station #1 1 LS $ 164,000.00 $ 164,000.00 8 4" Dia. Force Main 665 LF $ 15.00 $ 9,975.00 9 Testing force main 1 LS $ 1,000.00 $ 1,000.00 10 8" PVC Sewer 0'-6' 2,310 LF $ 22.00 $ 50,820.00 11 8" PVC Sewer 6'-8' 1,105 LF $ 27.00 $ 29,835.00 12 8" PVC Sewer 8'-10' 580 LF $ 38.00 $ 22,040.00 13 10" PVC Sewer 0'-6' 975 LF $ 24.00 $ 23,400.00 14 10" PVC Sewer 6'-8' 680 LF $ 30.00 $ 20,400.00 15 Testing (TV of Mains) 5,650 LF $ 1.50 $ 8,475.00 16 4" Dia. PVC Water Main 480 LF $ 12.00 $ 5,760.00 17 4" Gate Valve 1 EA $ 925.00 $ 925.00 18 2" Blow -Off 1 EA $ 338.00 $ 338.00 19 Dewatering 1,910 LF $ 8.00 $ 15,280.00 20 Single Lateral 51 EA $ 625.00 $ 31,875.00 21 Erosion & Sediment Control 1 LS $ 15,000.00 $ 15,000.00 22 Paved Restoration (Open Cut) 5,850 LF $ 50.00 $ 292,500.00 23 Sod 945 LF $ 4.00 $ 3,780.00 24 SUBTOTAL $ 847,203.00 25 Contingencies (15%) 1 LS 1 $ 127,080.45 $127,080.45 26 TOTAL ESTIMATED CONSTRUCTION COST $ 974,283.45 33 Eng. Design, Const. Plans & Permitting 1 LS $ 63,550.00 $ 63,550.00 34 Subconsultants- Surveying, Soils Eng. Fee 1 LS $ 9,375.00 $ 9,375.00 35 Reimbursables Estimate 1 LS $ 2,500.00 $ 2,500.00 36 TOTAL ESTIMATED PROJECT COST $ 1,049,708.45 'Contingencies include easement acquisition, misc. construction items, etc. File #1422 (Bid Forrn_Revised_14-0822.)ds / Tab-gravitynoent) USE - - - - $ 1,050,000.00 ffamm INTERLOCAL AGREEMENT NORTH SEBASTIAN SEWER AND WATER MAIN THIS INTERLOCAL AGREEMENT concerning the North Sebastian Sewer and Water Main (the Agreement") is entered into on this day of '2014 between Indian River County, a political subdivision of the State of Florida, whose address is 1801 2711 Street, Vero Beach, Florida 32960 ("County"), and the City of Sebastian, a municipal corporation, whose address is 1225 Main Street, Sebastian, Florida 32958 ("City"). WITNESETH: WHEREAS, the County is the water and wastewater provider to homes and businesses within the unincorporated areas of Indian River County and inside the City of Sebastian; and WHEREAS, the County, with the City's consent, expands its water and wastewater services within the City of Sebastian in order to serve more residents and businesses within the City's limits; and WHEREAS, the County and City jointly agree that expansion of infrastructure is a form of economic development because private costs to develop infrastructure can be lowered, thereby leading to potential new business investment; and WHEREAS, in order to lower the public cost of providing economic development incentives, the County and City will partner to expand infrastructure within the City of Sebastian city limits and the unincorporated areas of Indian River County; and WHEREAS, the County is proposing a project within unincorporated Indian River County which will consist of a gravity sanitary sewer collection system to be constructed along the east side of US Highway 1 from the north property line of the Sebastian Cemetery to the vicinity of Bay Street with an estimated number of parcels and Equivalent Residential Units (ERUs) which can connect to this portion of the project is (10) and (213), respectively; and WHEREAS, a portion of the County proposed project will be within the City of Sebastian, consisting of a gravity sanitary sewer collection system to be constructed in North Central Avenue from Jackson Street, south to the vicinity of US Highway 1 and a gravity sanitary collection system constructed in Jackson Street from US Highway 1 to North Central Avenue, Madison Street from US Highway 1 to North Central Avenue, and Davis Street from US Highway 1 to North Central Avenue with an estimated number of parcels and Equivalent Residential Units (ERUs) which can connect to this portion of the project is (50) and (82), respectively; and WHEREAS, at this time the County and the City wish to enter into this interlocal agreement in order to address the cost sharing of the design of the above -referenced County proposed project and the parties acknowledge that the apportionment of costs relating to the 60 of 83 engineering, permitting and actual construction will be addressed by the parties at a later time; and WHEREAS, the parties recognize the mutual benefits that will be provided to each other pursuant to this agreement. NOW, THEREFORE, in consideration of the mutual undertakings herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. RECITALS. The above recitals are true and correct and are incorporated herein. 2. The County, with the assistance of the County's Professional Engineering Consultant, shall design the North Sebastian Sewer/Water project -Phase 1. 3. The City agrees to reimburse the County for the City's pro rata share cost of 40% to design the said project for a lump sum amount of $62,088.00. 4. The County's share of 60%to design the said project is a lump sum amount of $93,132.00. 5. Any increases or decreases in the costs of design will be shared by the parties based upon the pro rata cost sharing percentages set forth in sections 3 and 4 above. If the design should at any point be terminated, the parties will share the costs incurred prior to termination based upon the pro rata cost sharing percentages set forth in sections 3 and 4 above. 6. At 60% design stage, the County will provide construction plans to the City for the City to review. The City will have 30 days to submit written comments to the County concerning the design prior to final completion of the construction plans. 7. Both the City and the County shall establish a contact person who shall be copied on all important correspondence and notices pursuant to this Agreement. They are as follows: As to City: Joseph Griffin City of Sebastian 1225 Main Street Sebastian, FL 32958 772-388-8228 As to County: Vincent Burke, P.E. Indian River County Utilities 180127 th Street Vero Beach, FL 32960 772-226-1830 8. Once the final design for the North Sebastian Sewer/Water Main Project has been completed to satisfactory/approval of both the County and the City, the City shall reimburse the County it's 40% cost share identified in item 3 of the agreement. 61 of 83 9. TERM: This Agreement shall be in effect from the date signed by the last party to sign, through the satisfactory completion of the design, by the County engineer, approved by both County and City. Either party may terminate this Agreement if the other party fails to comply with a term of the Agreement. The terminating party shall notify the other party of the decision to terminate this Agreement at least 30 days before the effective date of termination. The party in default may avoid termination by correcting the default to the satisfaction of the other party prior to the effective date of termination stated in the notice. 10. RECORDATION. The County shall record this Agreement with the Clerk of the Circuit Court. 11. The validity, interpretation, construction, and effect of this Agreement shall be in accordance with and governed by the laws of the State of Florida, only. The location for settlement of any and all claims, controversies, or disputes, arising out of or relating to any part of this Agreement, or any breach hereof, as well as any litigation between the parties, shall be Indian River County, Florida for claims brought in state court, and the Southern District of Florida for those claims justiciable in federal court. 12. This Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms and conditions contained herein shall be effective unless contained in a written document signed by all parties. 13. This Agreement specifically supersedes that interlocal agreement signed by the City on September 12, 2012, and approved by the County Board of County Commissioners on October 02, 2012, concerning the Davis Street Sewer Main and Lift Station and such prior interlocal agreement shall be deemed null and void. 14. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 15. Captions in this Agreement are included for convenience only and are not to be considered in any construction or interpretation of this Agreement or any of its provisions. Unless the context indicates otherwise, words importing the singular number include the plural 3 62 of 83 number, and vice versa. Words of any gender include the correlative words of the other genders, unless the sense indicates otherwise. IN WITNESS WHEREOF, the County and the City have caused this Interlocal Agreement to be duly executed and entered into on the dates so written. J.R. SMITH ATTEST: CLERK GIRCUITCOURT Deputy Clerk Approved as to form and legal sufficiency: 1 a Dylan Reingold County Attorney Approved: Joseph. Griffin City Manager ATTEST: Sally Maio, City Clerk By: Approved as to form and legal sufficiency: By: Robert A. Ginsburg City Attorney By: IAN RIVER COUNTY Peter D. O'Bryan, Chairman BCC approved Date: 09-16-2014 Approved: -,J- osep A. Baird d? County Administrator CITY OF SEBASTIAN By: Jim Hill, Mayor Approved Date: 4 63 of 83 i a j: 2- - - / 70 INTERLOCAL AGREEMENT DAVIS STREET SEWER MAIN AND LIFT STATION THIS INTERLOCAL AGREEMENT entered into on this 2nd day of Ort -miner , 2012 between Indian River County, a political subdivision of the State of Florida, whose address is 1801 271h Street, Vero Beach, Florida 32960 ("County"), and the City of Sebastian, a municipal corporation, whose address is 1225 Main Street, Sebastian, Florida 32958 ("City") do hereby agree as follows: WITNESSETH: WHEREAS, the County is the water and wastewater provider to homes and businesses within the city limits of the City of Sebastian; and WHEREAS, the County with the City's consent, expands its water and wastewater services in order to serve more residents and businesses within the city limits; and WHEREAS, the County and City jointly agree that expansion of infrastructure is a form of economic development because private costs to develop infrastructure can be lowered, thereby leading to potential new business investment; and WHEREAS, in order to lower the public cost of providing economic development incentives, the County and City will partner in order to expand infrastructure on Davis Street, which is located in the Riverfront Business District of Sebastian, Florida; and WHEREAS, the County will extend a wastewater gravity sewer main along Davis Street between U.S. Highway 1 and Indian River Drive; and WHEREAS, the County will also construct a wastewater lift station at the northwest corner of Davis Street and Indian River Drive; and WHEREAS, the parties recognize the mutual benefits that will be provided to each other pursuant to this agreement. NOW, THEREFORE, in consideration of the mutual undertakings herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. RECITALS. The above recitals are true and correct and are incorporated herein. 64 of 83 2. The County shall plan, design, engineer, permit, put out to public bid, award a construction contract, subject to the terms of this Agreement, and supervise construction of the following improvements: a. An eight (8) inch wastewater gravity sewer main line extending from U.S. Highway 1 and Davis Street east along Davis Street within its existing right-of- way to Indian River Drive. b. The County will install a lift station to be placed within the City's right-of-way on the northwest corner of Davis Street and Indian River Drive in order to serve the new wastewater main. In order to accommodate these utility improvements, the City shall dedicate to the County a perpetual, non-exclusive utility easement along Davis Street in sufficient width to accomplish this wastewater gravity sewer main extension and lift station construction project. d. As part of the project, the County shall plan, design, permit, publicly bid and supervise construction of the reconstruction of Davis Street between Indian River Drive and U.S. Highway 1 from a 2 -lane street with one lane of traffic in either direction with a median to a single 2 -way standard residential street utilizing existing stormwater drainage improvements. All construction to be in compliance with Indian River County/Florida Department of Transportation Green Book Standards. The City reserves the right to review, modify and approve road design prior to project bidding. e. The County shall install poles, posts or other protective devices around the lift station so as to provide it protection at the County's sole discretion. f. The City shall have its surveying contractor to perform all necessary surveying work necessary to complete the project and provide the surveys to the County for review and inclusion in the bid documents. At the sole discretion of the City, during the reconstruction of Davis Street, the City shall determine the amount of landscaping that may be installed along the reconstructed Davis Street. It is the intent of the parties to share the costs of the improvements subject to this agreement. To that end, the County shall be responsible for the following costs: The design, planning, permitting, public bidding, award construction and supervision of all materials, equipment and costs associated with extension of the wastewater gravity sewer main line and construction of the lift station. The City shall not be responsible for reimbursement to the County for any of these costs. 65 of 83 b. The City agrees to reimburse the County for it's pro rata share of costs to design, engineer, permit, publicly bid, construct and supervise the reconstruction of Davis Street and associated drainage and landscape improvements up to a maximum of $150,000. In order to define the respective costs to each party, the County shall cause this project to be publicly bid with an itemization of the costs of the various items to be constructed and a complete itemization shall be mandatory from the responsive bidders. Following opening and tabulation of the bids, both the City and the County each shall have the right to reject any and all bids if in the opinion of either the City or the County, all bids are too high, non-responsive or not submitted by a responsible bidder. d. The Parties shall respectively agree on the lowest, responsive and responsible bidder at a scheduled meeting of the Sebastian City Council and the Indian River County Board of County Commissioners. e. Both the City and the County shall establish a contact person who shall be copied on all important correspondence and notices pursuant to this agreement. They are as follows: As to City: Joseph Griffin City of Sebastian 1225 Main Street Sebastian, FL 32958 772-388-8228 As to County: Michael Hotchkiss, P.E. Indian River County Utilities 1801 27`h Street Vero Beach, FL 32960 772-226-1821 f. The County shall require the contractor to name the City as an additional insured on all policies of insurance required under the contract. g. The County shall require the contractor to indemnify the City and hold the City harmless under the contract for the improvements. h. Upon receipt of any applications for payment from the contractor for work performed under the contract, the County agrees to provide the City with a copy of the application for payment within three working days of receipt. The City shall have five working days to approve or object to the application for payment. Should the City fail to object to any application for payment within five business days of receipt of the application for payment, failure to object will be deemed approval by the City and payment to the contractor will be processed by the County in accordance with the contract documents. Any objections to payment(s) by the City shall be resolved by the project's Engineer -of -Record. 66 of 83 The City shall reimburse the County for its costs contained in the application for payment by the contractor and shall be paid by the City to the County within the City's normal course of business and payment schedule, but not to exceed 45 days. j. The contract between the County and the contractor and all exhibits thereto are incorporated herein as part of this Interlocal Agreement. IN WITNESS WHEREOF, the County and the City have caused this Interlocal Agreement to be duly executed and entered into on the dates so written. ATTEST: Jeffrey R. Smith, Cjprk of C rt and roller B _ Deputy Cle k Approved as to form and legal suffici c By. , , LI_4& William K. DeBraal Deputy County Attorney ATTEST SpIly Maio, ity Clerk By: Approved as to form and legal sufficie By: Robert A. Ginsburg City Attorney INDIAN RIVER COUNTY .�•flh;�� By: Peter D. O'Bryan, Vice C irmanl BCC approved: October 2, 2012°q' c� CITY OF SEBASTIAN By: — --_ iill, Mayor Approved: Sept. 12, 2012 4 67 of 83 LMS, HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL FORM Council Meeting Date: 08 October 2014 Agenda Item Title: Florida Highway Beautification Council Grant Recommendation: Update on the 2014-15 Florida Highway Beautification Council Grant for US 1 Landscaping. Background: The Florida Department of Transportation (FDOT) advertised the Florida Highway Beautification Council Grant Program for agencies to submit for landscape enhancements funds for the 2014-2015 fiscal year. This is a statewide competitive program which is dedicated to the beautification of Florida highways as denoted in FS 339.2405. The Florida Highway Beautification Council (FHBC) is composed of seven members who are selected from both the private and public sectors who will rank the applications. City submitted the application prior to the due date of 01 October 2014. City staff prepared the grant application for the US 1 Corridor to install new landscape bulb -outs and add new landscaping to one (1) median. The proposed grant will cover 50% or $50,000 of the total $100,000 construction project. If awarded the grant, the project will take two (2) years to complete. The engineering renderings are presented for Council review.. If Agenda Item Requires Expenditure of Funds: Total Cost: $50,000 Amount Budgeted in Current FY: -0- Amount Budgeted in FY 15-16: $50,000 If Cost Requires Appropriation: nfa Amount of Appropriation Required: nla Fund to Be Utilized for Appropriation: CRA Administrative Services Department Review: Attachments: Presentation renderings City Manager Authorization: Date: 01 October 2014 68 of 83 69 of 83 $ m y N 4 epi $� LFIFI Fa_ �� I1 ��E s� T aQ.p � A S Rig'' 8 $9i &a- �,q k is R 3$ �► s.R 5 a s 3 p '� R $fin t M5 � AR 70 of 83 1IR!cn$ q �5 a RB Rt 4 $ g$ �m 70 of 83 GRAPHIC SCALP LEGE10 J11 t7 10 PV IM az� wEwla�aaww�,Drw=s � Pri1DPK145 � ( IN FEET 000 7 inch - 30 rI. Prrrlc uor w+.wrliowr+e �wacurcn saaww,�nn STrC;m E%15T n ru vwh'l pzk w.i� Ic'14'4714 I W Y wnx TAS E Q I 44»;5 3sb - €A4i [loMC K'IGSi�"Ak�Mr 7751 DTR MA)M/:.. PLANFEN L4MDSCAP£ PUNTER i �� JSUIND - cats: LANDSCAPE 8 1 KJ ,WK'P.4 rTu A'.,R13e b Rtll�x, ql Kur�r ro si n a saran avn na =ark r n -41SLMD6�n� nK� rea"e Ca sourw)i e=xarrt- _ em . IAm w.eF erar. � wwaff�+. a� - wWJ-xvttaY�—._._ 2w LK nnrsiii,gar.... I AIEDAN srr c<w cbsT. wcr'' w rn:Kxts �noi 9 1 1 / PLANTER-'� PlANTFR L4NDSG1f'E = LANDSCAPE 6 1S1/WD lF ` "j/ ISLAND ly ; I srro�.smi, awe rar. _. ff 1 141 avrn ;zaw an.r uar :xx 5076 a-r-ry 1 arc: 01fIDRhEWAr Nryl ' �s I .. tm N7 2.hMONTO p'lYx - r - LANDSCAPE PLAN MSC.115 1�OQ�32�T74 -_ US HIGHWAY - --_- w�< .-- _ 7woneawr7FEaw7 �Hra LANDSCAPE ENHANCEMENTS Ms03 71 of 83 72 of 83 73of83 74 of 83 HOME OF PELICAN ISLAND Council Meeting Date Agenda Item Title: Recommendation: Background: CITY COUNCIL AGENDA TRANSMITTAL FORM 08 October 2014 Maintenance of Drainage Ditches Staff presentation of City Wide Drainage Ditch/Storm Water system. Discussion only. The budget approved by Council for FY14115 includes Capital Improvement Projects providing for $500,000 to continue quarter round drainage installation. Staff inspections have revealed that there is a deficiency in maintaining and cleaning the rear and back yard drainage ditches. These ditches are extremely overgrown with vegetation making it difficult to mow and clean. In addition, these ditches are now restricting drainage flow within the residential areas. This was evident with the recent storms which left several streets with standing water. City staff believes using the $500,000 from the quarter round installation to get caught up on the drainage ditch cleaning is the only viable solution to open these ditches for the 2015 summer storm water season. If Agenda Item Requires Expenditure of Funds: Total Cost: nla Amount Budgeted in Current FY: nla Amount of Appropriation Required: -0- Fund to Be Utilized for Appropriation: N/A Administrative Services Department Review: Attachments: Presentation City Manager Authorization: Date: 01 October 2014 75 of 83 i W �C CU OL) D fD 0 CD f'7 r) O.) M m O h V) rD CY V'1 9 76 of 83 Storm Water System i. Residential frontage swales a. Swales and quarter rounds 3. Rear yard drainage ditches 4. Lateral drainage ditches 5. Retention Ponds 6. Main drainage ditches 7. Canal Systems 17 ^'— N. 512 a l ,�4 1,769 ACRES rj ��d ` f 5CR 4.583 ACRES I Op 10 Al — fF` cam t t •. ,1 ra 20'7- STORMATER MASTER PLAN SEBAST IU Nf f_—SCHAPFER ORAINAGE MAP •" •" ""' SEBAb nAN. FLORIDA 111.14 F FRIM MAW 77 of 83 78 of 83 0 0 CL CrQ �m on] aj Ln c� m m CL i 11 79 of 83 -� West of Barber Street [Klee 11- C3 Periwinkle Drive 81 of 83 82 of 83 — trt'4 - i, S < � z xti s CONSIDERATIONS • Staff is considering funding the cleaning and maintenance of the rear and side drainage ditches for2014-2015. • Staff is considering a i year `hold' on quarter round installation in order to divert those funds fora "clean and maintain ditches" program • Anticipate cleaning the ditches every 5 years, oras needed. 83 of 83