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City of Sebastian 1225 Main Street, Sebastian, Florida 32958 CITY COUNCIL REGULAR MEETING AGENDA PACKET WEDNESDAY' ,JUNE 14, 2000 7:00 PM City of Sebastian Management Team Meeting Agenda 10:00 a.m. June 15, 2000 Review of June 14, 2000 City Council Meeting -Kay O'Halloran/All City Engineer Recruitment Process ~//~'~-~ L/~(-- ~! ~ -Terrence Moore/Rich Samolewicz, Terry Hill & Paul Wagner Goals & Objectives - Budget Revisions FY 2001 -Terrence R. Moore / Mark Mason IV* AAU Junior Olympic Games XXXIV Fundraiser -Ali ~ T~~.~ . / For the Good of the Order -All ,~~' / VI. Adjourn o c5 o c:; o o o c5 o CITY COUNCIL MEETING DATE: MOTION ITEM NO. Ca ROLL_CALL 1 ,A ~/¢~ Mayor Barnes Mr. Bishop Mr. Barczyk Mr. Majcher Mr. Hill SECOND ITEM NO. ROLL, CALL 2 Mr. Bishop Mr. Barczyk Mr. Majcher Mr. Hill / Mayor Barnes SECOND ITEM NO. ROLL (~AI, L 3 Mr. Barczyk Mr. Majcher Mr. Hill Mayor Barnes Mr. Bishop ITEM NO. ,,.~/- ~ ~ ROLL CALL 4 Mr. Majcher Mr. Hill Mayor Barnes Mr. Bishop Mr. Barczyk ITEM NO. ROLL CALL ~ Mr. Hill Mayor Barnes Mr. Bishop Mr. Barczyk ~ Mr. Majcher ~ MOTION SECON D/~.~'~-~/ MOTION ~"~.-5-~ SECON D~~ SECOND CITY COUNCIL MEETING DATE: ITEM NO. MOTION SECOND ROI, L CALL 1 Mayor Barnes Mr. Bishop Mr. Barczyk Mr. Majcher Mr. Hill ITEM NO. Mr. Bishop "/" Mr. Barczyk ,/' Mr. Majcher ~'' Mr. Hill f Mayor Barnes MOTION SECOND ITEM NO. ROI.J. CALL 3 Mr. Barczyk Mr. Majcher //' Mr. Hill //" Mayor Barnes /~ ..... Mr. Bishop ITEM NO. ROLL GALL 4 Mr. Majcher Mr. Hill Mayor Barnes Mr, Bishop Mr. Barczyk,/ iTEM NO. ROLL CALL Mr. Hill Mayor Barnes Mr. Bishop Mr. Barczyk ,.~, Mr. Majcher/ MOTION /~/~,gT~/, SECOND /~,,~-) MOTION ~4~,-~ SECOND SECOND CITY COUNCIL MEETING DATE: ITEM NO. ROLL CALL 1 Mayor Barnes Mr. Bishop Mr. Barczyk Mr. Majcher Mr. Hill ~ MOTION SECOND ITEM NO. L~O. LI. CALL 2 Mr. Bishop / Mr. Barczyk / Mr. Majcher j Mr. Hill / Mayor Barnes ~.--~---~ MOTION ITEM NO. ROI, L CALL 3 Mr. Barczyk , Mr. Majcher Mr. Hill Mayor Barnes Mr. Bishop ~./ MOTION ~f~//SECOND ITEM NO. ROLL CALL 4 Mr. Majcher Mr. Hill Mayor Barnes Mr. Bishop Mr. Barczyk ITEM NO. ROLL CALL $ Mr. Hill Mayor Barnes Mr. Bishop Mr. Barczyk Mr. Majcher MOTION SECOND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JUNE 14, 2000 -7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. Mayor Barnes called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. Invocation was given by Mark Snell, Member of Cornerstone Baptist Church .ROLL CALL City Counci[Pres_ent: Mayor Walter Barnes Vice Mayor Ben A. Bishop Mr. Joe Barczyk Mr. Edward J. Majcher, Jr. Mr. James Hill Staff Present; City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Maio Regular City Council Meeting June 14, 2000 Page Two ~GENDA MODIFICATIONS {ADDITIONSANDIOR DELETIONS) Items not on the written agenda may be added only upon a majorfty vote of City Council members (R-99-21) pROCLAMATIONS. ANNOUNCEMENTS AND/OR PRESENTATIONS A. Presentation of Certificate of Appreciation - Elizabeth Griffin-Brauer - Code Enforcement Board Lions Club of Sebastian, Inc. 4th of July Committee - Proposal for Event (City Manager Transmittal 5/31/00, Osmundson Letter) C. 75th Anniversary Committee Presentation D. St. Johns River Water Management District Presentation - Water Levels Evan Tullus - Florida State Dept. Of Management Services (Purchasing Division) In Partnership with Nations Bank- Purchasing Card Program 3 CITY A~-FORNEY MATTERS A. Discussion Relative to Policy on Park Use CITY MANAGER MATTERS A. Discussion Relative to Permits Being issued for Fireworks Authorize Mayor to Sign Letter Approving Distribution of $157,777 of Federal Fiscal Year 2000/2001 Funds Allocated for Local Anti-Drug Abuse Programs (Letter from I.R.C. Board of County Commissioners dated 6/6/00) 9. CITY CLERK MATTERS 10. CITY COUNCIL MATTERS A. Mayor Barnes B. Vice Mayor Bishop C. Mr. Barczyk D. Mr. Hill E. Mr. Majcher 11. CONSENT AGENDA All items on the consent agenda are considered routine end wiff be enacted by one motion. There wSI be no separate discussion of consent agenda items unless e member of City Councff so requests; in which event, the item w~l be removed and acted upon separately. A. Approval of Minutes - 5/24/00 Regular Meeting, 5/30/00 Special Meeting Craft Club of Sebastian - Request for Use of Riverview Park for 2000/2001 Annual Craft Shows (City Clerk Transmittal 5/24/00, Craft Club Letter) Hamilton Request for Use of Riverview Park Electricity - 8/12/00 (City Clerk Transmittal 5/30/00, Hamilton Letter) Pastor Uttleton Request for Use of Riverview Park Electricity - 6/25/00 (City Clerk Transmittal 6/5/00, Littleton Letter) Capt. Phillips Request for Use of Riverview Park on 6/24/00 from 9:00 a.m. - 11:30 a.m. for Kid's Fishing Adventure (Capt. Phillips Letter 6/7/00, event information) Council Acknowledgement and Consent to Correct Scrivener's Error in the Airport Lease with Orange Peel Enterprises, Inc. to Reflect a Five Acre Parcel Bearing 532 Feet of Frontage on Roseland Road (City Attorney Transmittal 6/5/00) Authorize Payment for City Attorney Travel for Attendance at Annual Meeting of the Florida Bar to be Held June 21-25, 2000 in Boca Raton (City Attorney Transmittal 6~6/00) Move to_ Adot)~; Resolution No. R-00-33 for Publix Indian Rive[ ~ubdivision Final Plat (Resolutioj~ }R-O0-33., Application, Final Plat & Location Map attached) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS PUBLIX INDIAN RIVER SUBDIVISION LOCATED AT THE NORTHWESTERN CORNER OF THE INTERSECTION OF U.S. HIGHWAY 1 AND BARBER STREET; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. 12. PUBLIC_HEARING Procedures for pub#c hearings: (R-99-2f) · Mayor Opens Heating · Attorney Reads Ordinance or Resolu~bn · Staff PresentaUon ° Pub#c Input - Umit of Ten Minutes Per Speaker · Staff Summation ° Mayor Closes Heating · Council Ac~on Anyone HSshing to Speak/s Asked to Sign Up before the Meeting, When Called go to the Podium and State His or Her Name forthe Record First Re~dir}~l of Ordinance No. O-00-14 - Amending Time for Mood[tg Boasts to (;ltv pocks - Second Reading and Public Hear. inc~ (Police Chief Transmittal5/31/00, O-00-14 as Revised) AN ORDINANCE Of THE CITY Of SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 110-44, PERIOD OF MOORING TO MUNICIPAL DOCKS AND PIERS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. (1st Reading 5/10100, Advertised Legal 5/31/00) Ordinance No. O-00-15 - Adopting New Land Development Code - Seco_nd Readin(~ and Second - public Hea.0'.ng (Growth Management Transmittal 6/6/00, O-0015_~ Revised Pages) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REWRITING CITY CODE CHAPTER 20A, THE LAND DEVELOPMENT CODE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILiTY; AND PROVIDING FOR AN EFFECTIVE DATE. (1st Reading and 1st PH 5/24/00, Advertised Display 5/17/00 and 6/7/00) 13. QUASI-JUDICIALPUBLIC HEARING (Procedures am on back of agenda) Resolution No, R-00-32 - Site Plan and Preliminary Plat ADp[oval for Charter School in Chessers - ~tI;~.IPUD(C) (Growth Management Tra~rtsmittal 6/7/00, R~00-31, Appli(~atJon. Staff Report. P&~_ Minutes, Preliminary Plat/Site Plan & Location Map attached) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING A SITE PLAN AND PRELIMINARY PLAT FOR THE SEBASTIAN CHARTER JUNIOR HIGH SCHOOL WITHIN CHESSER'S GAP PUD; PROVIDING FOR CONFLICTS HEREIWTH; PROVIDING FOR EFFECTIVE DATE. 10 14. INTRODUCTION OF NE[¥Y BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda - sign- up required - limit of ten minutes for each speaker ]] 15. 16. 17. COM.MI'I-I'EE REPORTSlRECOMMENDATION~ O£D BUSlNE~§ None N.~W_BU~IN ESS A. Consider City Council Member Attendance at Florida League of Cities 74th Annual Conference in Ft. Lauderdale (City Manager Transmittal 6/1/00, Tentative Program Overview) Resolution No. R-00-31 - FDO'~ Public Transportation Joint Participation Agreement/Runway l.i.ghting (MIRL) and Airfield Se(;!Ejty Fencing (City Manager Transmittal 5/22/00. R-00-31) A RESOLUTION Of THE CITY Of SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT FOR THE PURCHASE AND INSTALLATION OF RUNWAY LIGHTING (MIRL) AND AIRFIELD SECURITY FENCING WITH GATES; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE, Authorize Mayor to Execute Interlocal Agreement Between Indian River County and City of Sebastian Granting $20,000 Allocation from Florida Boating Improvement Fund for Boat Dock/Viewing Area Along Indian River Drive (City Mangager Transmittal 5/31/00,1nterlocal Agreement) 14 Authorize City Manager to Execute Engagement Letter with Hoyman, Dobson & Company, P.A. for Audit Services for the Fiscal Years Ending 9/30/2000 and 9/30/2001 (City Manager Transmittal 6/5/00, Engagement Letter between City of Sebastian and Hoyman,Dobson & Co., P.A.) Authorize City Manager to Enter into Contract with School Board of indian River County to Provide a School Resource Officer to be Shared by Sebastian Elementary and Pelican Island Elementary Schools (Police Department Transmittal 6/5/00, Proposed Contract Between City of Sebastian and Indian River District School Board) Resolution No, R-00-34 - Authorize City Manager and Police Department I[.o Aj3.ply.;[or the COPS IN SCHOOLS GRANT (Grant Facts Sheet (2). SRO Duties, Re~l~Ol3~il~il~es & C~)urse$_Ta[Jght~3,) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AUTHORIZING THE CiTY MANAGER OR HIS DESIGNEE TO APPLY FOR FUNDING FROM THE UNITED STATES DEPARTMENT OF JUSTICE COPS IN SCHOOLS PROGRAM. 18. ADJOURN (All meetincls shall adioum at fO:30 p.m. unless extended for up to one hplf hour bv a maio_r#y vote ~f City Council) ]7 PROCEDURES FOR QUASI-JUDICIAL HEARINGS IN ACCORDANCE WITH RESOLUTION NO. R-99-12 A. Sweadng of witnesses. Any person presenting factual information to theTribunal dudng the headng shall be sworn. The administration of the oath or affirmation shall be done by the Clerk of the Tribunal on the record at the time the person comes to the podium. Citizens wishing to merely express an opinion in favor or opposition to the matter at hand, and agents of the applicant (such as an attorney) merely advocating the applicant's position, need not be sworn. B. Admissibilty of Evidence. The City Attorney, upon an objection raised or upon his own accord, shall determine if any evidence sought to be presented is inadmissible. This determination may be over-ruled by a majority of the Tribunal upon a motion by any member thereof. Otherwise, the Presiding Officer of the Tribunal shall for the record receive any evidence presented and the same shall be maintained in the custody of the City Clerk. C. Time Limitations. The traditional practices of the Chair in presiding over the smooth conduct of the hearing, encouraging precise and relevant presentations, shall provide guidance as to limitations on the length of presentations and the redundancy of witnesses. However, as appropriate, the Tribunal by maiority vote may set limits on the length of presentations and the number of witnesses on a case-by-case basis. D. Disclosure of Ex-Pa_rte Communication. At the time the Presiding Officer opens the hearing, members of the Tribunal shall disclose ex-parte communications in accordance with law. following order: 2. 3. 4. questions. 5. questions. 6. public. 7. 8. 9. Order of Presentation.After the Presiding Officer opens the hearing, the matter shall proceed in the The applicant or his agent shall make a presentation in favor of the request. The staff shall present its findings and analysis. The Tribunal shall ask questions of the applicant and staff as it sees fit. The floor shall be opened to anyone in favor of the request who wishes to speak or ask The floor shall be opened to anyone opposed to the request who wishes to speak or ask The applicant is provided an opportunity to respond to any of the issues raised by staff or the Staff is provided an opportunity to summarize its position. The Tribunal deliberates the request, asking such questions as it sees fit. The Presiding Officer then entertains a motion and the Tribunal acts. Section 2. APPLICATION. Due to the evolving nature of this area of the law, these procedures shall be utilized in the conduct of hearings on matters that are determined to be quasi-judicial under the laws of the State of Florida. \wp-min\quasi.pro ]8 SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, JUNE 14, 2000 - 7:00 P.M. CiTY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK - f225 MAIN STREET, SEBASTIAN, FLORIDA Individuals will address the City Council with respect to agenda items immediately before deliberation of the item by the City Council- limit of ten minutes per speaker (R-99-21) 2. 3. 4. CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION - Mark Snell - Member of Cornerstone Baptist Church ROLL CALL 00.067 00.049 1-2 00.005 00.128 00.129 ~G~NDA MODIFICATIONS (ADDITIONS AND/OR DELE]'JONS) Items not on the written agenda may be added only upon a majorfty vote of CIty Council members (R-99.2f) PROCLAMATIONS, ANNOUNCEMENTS AND/OR PRESENTATIONS A. Presentation of Certificate of Appreciation - Elizabeth Griffin-Brauer - Code Enforcement Board B. Lions Club of Sebastian, Inc. 4th of July Committee - Proposal for Event (City Manager Transmittal 5/31/00, Osmundson Letter) C. 75th Anniversary Committee Presentation D. St. Johns River Water Management District Presentation - Water Levels E. Evan Tullus - Florida State Dept. Of Management Services (Purchasing Division) In Partnership with Nations Bank - Purchasing Card Program ClT~' ATTORNEY MATTERS A. Discussion Relative to Policy on Park Use 8. CI'['Y MANAGER MATTERS 00.134 3-4 5-18 00.135 19 - 20 00.136 21 - 22 00.137 23 -24 00.138 25 - 28 00.132 29 - 30 00.139 31 - 32 00.140 33 - 46 11. A. Discussion Relative to Permits Being Issued for Fireworks Authorize Mayor to Sign Letter Approving Distribution of $157,777 of Federal Fiscal Year 2000/2001 Funds Allocated for Local Anti-Drug Abuse Programs (Letter from I.R.C. Board of County Commissioners dated 6/6/00) CITY CLERK MATTERS CITY COUNCIL MATTERS A. Mayor Barnes B. Vice Mayor Bishop C. Mr. Barczyk D. Mr. Hill E. Mr. Majcher CONSENT AGENDA All items on the consent agenda are considered reub'ne and wl~ be enacted by one rnoUon, There wl~ be no separate ~scusslon of consent agenda items unless a member of City Council so requests; in which event, the Item w~l be removed and acted upon separately. A. Approval of Minutes - 5/24/00 Regular Meeting, 5/30/00 Special Meeting C. D. E. F. Craft Club of Sebastian - Request for Use of Riverview Park for 2000/2001 Annual Craft Shows (City Clerk Transmittal 5/24/00, Craft Club Letter) Hamilton Request for Use of Riverview Parl~l~e~ieity - 8/12/00 (City Clerk Transmittal 5/30/00, Hamilton Letter) Pastor Littleton Request for Use of Riverview Par~.Electri¢ity - 6/25/00 (City Clerk Transmittal 6/5/00, Littleton Letter) Capt. Phillips Request for Use of Riverview Park on 6/24/00 from 9:00 a.m. - 11:30 a.m, for Kid's Fishing Adventure (Capt. Phillips Letter 6/7/00, event information) Council Acknowledgement and Consent to Correct Scrivener's Error in the Airport Lease with Orange Peel Enterprises, Inc. to Reflect a Five Acre Parcel Bearing 532 Feet of Frontage on Roseland Road (City Attorney Transmittal 6/5/00) Authorize Payment for City Attorney Travel for Attendance at Annual Meeting of the Florida Bar to be Held June 21-25, 2000 in Boca Raton (City Attorney Transmittal 6/6/00) ~,love to Adopt Resolution No. R-~00-33 for Publix Indian River Subdivision Final Plat (Resolution R-00-33, Aoplication, Final Plat & Location Map atta~tted) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS PUBLIX INDIAN RIVER SUBDIVISION LOCATED AT THE NORTHWESTERN CORNER OF THE INTERSECTION OF U,S. HIGHWAY 1 AND BARBER STREET; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. 12. 00.123 47 - SO 00.065 51 - 60 00.141 61 - 86 PUBLIC H.E~,RIN G Procedures for public heatfngs: (R-99-2f) o Mayor Opens Hee#ng · Affomey Reads O~nance or Resolution · Staff Presente#on · Public Input- Umlt of Ten Minutes Per Speaker · Staff Summalion ·Mayor Closes Hea#ng ° Council Ac#on Anyone Wishing to Speak is Asked to Sign Up before the Mee#ng, When Called go to the Podium and State His or Her Name forthe Record FirstReading of Or~rl.a~tce Hg, O-00~14 -Amending Time for Mooring Boats to City Docks- Second Reading and Public He.aring (police Cbj.ef T_[ansimittal 5/31/00. O-00-14 as Revised) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 110-44, PERIOD OF MOORING TO MUNICIPAL DOCKS AND PIERS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. (1st Reading 5/10/00, Advertised Legal 5/31/00) Ordinance No. O-00-1~5 - Adoptin_q New land Development Code - Second F~eading and Second Public Hearing (GrowthNtanao~[nent Transm~al 6/6/00, O-0015. Revised Pages) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REWRITING CITY CODE CHAPTER 20A, THE LAND DEVELOPMENT CODE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABiLITY; AND PROVIDING FOR AN EFFECTIVE DATE. (1st Reading and 1st PH 5/24100, Advertised Display 5/17/00 and 6/7/00) 13, 14. 15. 16. QUASI-JUDICIAL PUBLi_C HEARING (Procedures are on back of agenda) Reso. lqtio~ No. R-00-32 - Site Plan and Preliminary Plat_,~pgyoval for Charter School in C~ps0ers Gap PUD(C) (Growth Managemen[Trallsmittal_6/7/00. R-00-31. Ap. plicatioJ~. Staf[ Report. P&~. Minutes, Preliminaw Plat/Site Platt ~ Location Map attached) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING A SITE PLAN AND PRELIMINARY PLAT FOR THE SEBASTIAN CHARTER JUNIOR HIGH SCHOOL WITHIN CHESSER'S GAP PUD; PROVIDING FOR CONFLICTS HEREIWTH; PROVIDING FOR EFFECTIVE DATE. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda - sign- up required - limit often minutes for each speaker COMMITTEE REPORTS/RECOMMENDATIONS OLD BUSINESS None 17. NEW BUSINESS 00.142 87 - 96 00.143 97-116 00.144 117-120 00.145 121-130 00.146 131-140 00.147 141-148 Consider City Council Member Attendance at Florida League of Cities 74th Annual Conference in Ft. Lauderdale (City Manager Transmittal 6/1/00, Tentative Program Overview) Resolution No, R-00-31 - FDOT Public Transportation Joint Participation Agreement/Runway Lighting (MIRL) and Airfield Security Fencing (City Manager Transmittal 5/22/00, R-00-31) a RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT FOR THE PURCHASE AND INSTALLATION OF RUNWAY LIGHTING (MIRL) AND AIRFIELD SECURITY FENCING WITH GATES; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Authorize Mayor to Execute Interlocal Agreement Between Indian River County and City of Sebastian Granting $20,000 Allocation from Florida Boating Improvement Fund for Boat Dock/Viewing Area Along Indian River Ddve (City Mangager Transmittal 5/31/00,1nterlocal Agreement) AUthorize City Manager to Execute Engagement Letter with Hoyman, Dobson & Company, P.A. for Audit Services for the Fiscal Years Ending 9/30/2000 and 9/30/2001 (City Manager Transmittal 6/5/00, Engagement Letter between City of Sebastian and Hoyman,Dobson & Co., P.A.) Authorize City Manager to Enter into Contract with School Board of Indian River County to Provide a School Resource Officer to be Shared by Sebastian Elementary and Pelican Island Elementary Schools (Police Department Transmittal 6/5/00, Proposed Contract Between City of Sebastian and Indian River Distdct School Board) Resolution No. R-00-34 - Authorize City Manager and Police Department to Apply for the COPS IN SCHOOLS Gl[ANT (Grant Facts Sheet (2). SRO Duties. Responsibilities & Courses Taught (3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO APPLY FOR FUNDING FROM THE UNITED STATES DEPARTMENT OF JUSTICE COPS IN SCHOOLS PROGRAM. 18. ADJOURN (All meetings shaft adjourn at 10:30 p.m. unless extended for up to one half hour by a majority vote of City Council) ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS iS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F. SJ IN COMPLIANCE WITH THE AMERICANS WlTH 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. Hearing Assistance Headphones are Available in the Council Chambers for all Government Meetings. UDcorqi~Tg Meetings: · Regular Meeting- Wednesday, 6/28/2000- 7 pm · Regular MeeUng- Wednesday, 7/12/2000.7 pm · Regular Meeting - Wednesday, 7/26/2000.7 pm PROCEDURES FOR QUASI-JUDICIAL HEARINGS IN ACCORDANCE WITH RESOLUTION NO. R-99-12 A. ,~weadng of wi_tnesse~. Any person presenting factual information to theTdbunal dudng the headng shall be sworn. The administration of the oath or affirmation shall be done by the Clerk of the Tribunal on the record at the time the person comes to the podium. Citizens wishing to merely express an opinion in favor or opposition to the matter at hand, and agents of the applicant (such as an attorney) merely advocating the applicant's position. need not be sworn. B. Admissibilty of Evidence. The City Attorney, upon an objection raised or upon his own accord, shall determine if any evidence sought to be presented is inadmissible. This determination may be over-ruled by a majodty of the Tdbunal upon a motion by any member thereof. Otherwise, the Presiding Officer of the Tribunal shall for the record receive any evidence presented and the same shall be maintained in the custody of the City Clerk. C. Time Limitations. The traditional practices of the Chair in presiding over the smooth conduct of the heating, encouraging precise and relevant presentations, shall provide guidance as to limitations on the length of presentations and the redundancy of witnesses. However, as appropriate, the Tdbunal by majodty vote may set limits on the length of presentations and the number of witnesses on a case-by-case basis. D. Disglosure of Ex-Pa. rte Communication. At the time the Presiding Officer opens the hearing, members of the Tribunal shall disclose ex-parte communications in accordance with law. following order: 1. 2. 3. 4. questions. 5. questions. 6. public. 7. 8. 9. Order of Presentation.A~r the Presiding Officer opens the hearing, the matter shall proceed in the The appliCant or his agent shall make a presentation in favor of the request. The staff shall present its findings and analysis. The Tribunal shall ask questions of the applicant and staff as it sees fit. The floor shall be opened to anyone in favor of the request who wishes to speak or ask The floor shall be opened to anyone opposed to the request who wishes to speak or ask The applicant is provided an opportunity to respond to any of the issues raised by staff or the Staff is provided an opportunity to summarize its position. The Tribunal deliberates the request, asking such questions as it sees fit. The Presiding Officer then entertains a motion and the Tribunal acts. Section ;~, -APPLICATION. Due to the evolving nature of this area of the law, these procedures shall be utilized in the conduct of hearings on matters that are determined to be quasi-judicial under the laws of the State of Florida. \wp-min\quasi.pro City of Sebastian, Florida Subject: 4' of July Events Agenda No. ~for Submi.~~/fManager .. Depamnent Origin: City Manager Date Submitted: 05-31-00 'ForAgenda off 06-14-00 Exhibits: Memorandum dated, May 24, 2000 on behalf of the 4'~ of July Lions Club Committee for 2000 to City Council EXPENDITURE AMOUNT BUDGETED: [ APPROPltlATION REQUIRED: N/A N/A [ REQUIRED: SUMMARY On behalf of the 4th of July Lions Club Committee, JoAnne Osmundson, Chairperson, submitted the attached letter requesting City Council approval of various events to take place between July 3rd and July 4th. RECOMMENDED ACTION Review and discuss the Committee's proposal of events. 2000 1225 Main Street Sebastian, ~ 32958 Dear City Council: I In Lions Club'of Sebastian, 1 P.O. Box ?80411 · Sebostio.,, FL 32978-0411 I i I am writing on behalf of the 4m of July Lions Club Committee for 2000. This is a request for approval of the following events: Use of Riverview Park from the 3~ of July to the 4~ of July 2000 Permission to park a sound trailer in the park July 3rd to set up for the 4th of July Ask that we have a laision person.with the city that we can work with for set up of the bleachers, bandstand cleaning of the island & other needed help Use of a Moonwalk in the park We request permission for Sebastian Skydivers to land across from the park (lot behind Hess gas station), l{equest the same closing of streets as in the past[for the parade from 7:30 a.m. to 1 p.r~ We request the closing of Harrison St (south side [of Park), Fellsmere Rd, ( East of the Hess gas station to Indian River Drive), Collage St ( at intersection o£Indian River Drive), Cleveland St (at. the intersection of Indhm River Drive) Parking designated for handicap & 4 spaces desiglxated for entertainment parking only south side of park We request that the Yacht Club be closed all day the 4thor July, with the exception of the VIP Breakfast, which will begirt at 7 a.m. We als6 request the parking lot for the Yacht Club be closed from 8:30 p.m. on July 3rd until rrflchaight on the 4a of July, with no boat trailers being allowed to use the ramp. Parking of antique cars in the lot (the city recen* purchased and c. leared) southeast of the park Permission for the Boy Scouts to camp irt the park or parking lot behind Hess station (they will be assisting with early morning parking) Permission for the Boy Scouts to have a flag retirement ceremony (flag burning) on the main stage in a container We would anticipate the same arrangement that we have had in previous years. Thank you in advance for your cooperation, JoAnn Osmun~on Chairperson 4~ of July Celebration Lior~ Club of Sebastion Phone (561) 589-1447 June 6, 2000 ., . Mr. Walter W. Barnes, Mayor City of Sebastiau: 1225.Main S.tmet - Sebastian, FL '32958. D=ar'Ma¥or Bar~cs: BOARD OF : COUNTY COMMIS$1ON£1I $ is,to ~.$~ .$~t, ii~ ']_,M~, Fbrlda )2960 Indian River. County has been allocated $157,777 (~e-samo amount .as last .year)fXomth~'Flonda"' ' ' Dq~8.qmen! of'~ommm~ty. Affairs for FY' 2000/2001 to fu~.local anti-drag .abuse p.rograms. Implementing ageaci~ will. provide.the " ~' ' ' ' ' 25% matcMng, requtremem which will bring thc. toml;.amount .a l ]o:to.sm 0,369.00*. at= o]icitix- tor.new:: , ..]proj o ,aJua g farce. 6'? the Substance ,~use A~lvisory.C. ouncil i,.ree, ommen6,~n~ k'~.the. Board of County Comrrfi~ that the following prograros be funded: Prograrna ~o be Funded Multi-Ag.em.} :Drug Fafforcemem Unit, t~.A.c.£:)--. ,($ubsmicc Abuse Council) .%bsmuce Comm'l of Indian Kive~ County~ 25% T~u~, $30,1-20,00 Ind/a~ Rive. x County ,~, 551;639.75 $17,213.25 TOT~ $1S7,776.75 . 8~2~92~ *" Indicate~ a coz',~;auafion from thc previous.fiscal year $120,480100 8210,:f{, :'),00 The M.A.C.E. [ "'oJt, PREVENT and the Substance Abuse_..ounc,l receive thett match from Indian River C .~),:alty Board of County Co:z ,nission funds.since they are agencies oft lc County.. I I I I I I 2. 3. 4. SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, MAY 24,2000 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Barnes called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited. There was a moment of silence. ROLL CALL City Council Present: Mayor Walter Barnes Vice Mayor Ben A. Bishop Mr. Edward.J. Majcher, Jr. Mr. James Hill City Council Aj3se[lt: Mr. Joe Bamzyk (excused) .~t~ff Present City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Kathryn O'Hallomn Gi'0~h'Management Director, Tracy Hass Finance Director, Mark Mason Golf Course Director, Pat Corian Golf Course Pro, Greg Gardner Deputy City Clerk, Sally Maio Regular City Council Meeting May 24, 2000 Page Two 00.016 00.125 00.126 00:-127 D. 00.132 E(A). ~AGENDA MODIF]CATIOI~.S (ADDITIONS ANplOE DELETIONS) ./terns not on the written agenda may be added only upon a majority vote of City Council members (R-99-21) The City Manager requested that Greens + representatives (New Business A) be allowed to make their presentation following Capital San)tat)oh's' presentlation (Proclamations, Announcements and/or Presentations E). City Council concurred. PROCLAMATIONS, ANNOUNCEMEN]'$ AND/O, PRESENTATIONS A. Presentation of Check to City of Sebastiah by Florida Inland Navigation District Representatives Mark Crossly Assistant Executive Directol, Florida Inland Navigation District, presented a check in the .amount of $30,802.04 to the City of Sebastian. B. Presentation of Cet'tJficates of Apprec|atio~ to Students Participatin. gjn_ Future Development of I~arber Street S. ports Complex : Mayor Barnes presented certiticates of appreciation to the following students: Fred Balsam A.J. Doan Peace Sanchez Tenne Turner Pam Cary Amy McDonald Jennifer Brown (not present) J.P. Gusin (not present) C. Presentation by Friends of St. Sebastian_l~iver - I~pvironmental F_~hancemet~t Award A representative of Friends of St. Sebastian River presented an Environmental Enhancement Award to the City of Sebastian, Presentation_by C~pital Sanitation - E, rlha~)cements to tl3e Operation Ron Rigby, President of Capital ~Sanitatior{, presented a report on enhancements to Capital's operation and :responded to questions froth City Council. It.was stated that a staff member will meet wlthCaPital Sanitation once per month. At this time, Mayor Barnes presented a c~rtificate of appreciation to Amy McDonald. Authorize'City Mana(~er to Execute_Airoort J~ea~se A~mement Between Orano.e_ Peel Entemdses. Inc. (d/b/a~reens +.). and C_~ of Sebastian (City Manage~ Transmittal 5/l'81001-ProJ~os_ed Lease Aoreement} TAPE I- SIDE II (7:37 p.m.) Lan) Deauville, Owner of Greens+, and s demonstration of its product and presentE Municipal Airport. sveral staff members of the company gave a the request to establish its business at the Sebastian The City Manager recommended approval of the lease agreement. 2 Regular City Council Meeting May 24, 2000 Page Three The City Attorney noted a scrivener's error on page 8, to change "may" to "shall" in paragraph 14. MOTION by Bishop '1 would make a motion to authorize the City Manager to execute the Lease 'Agreement between Orange Peel Enterprises, Inc., d/b/a Greens + and the City of Sebastian." ROLL CALL: Mr. Bishop - aye Mr. Barczyk - absent Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye MOTION CARRIED 4-0 ?. CITY A'I-rORN.~Y MATTERS The City Attorney advised that three affirmative votes are required for approval of any item by Council and · that the .result of a.2-2 vote would be that the item would retain the status quo. 00.128 CITY MANAGER.MATTERS A. Discuss[ol~ - St. Johns River Water Management District Relative to Water Levels Within the City of Sebastian (No Backup) The City Manager.said representatives of St. Johns are gathering data regarding water levels and will attend the June 14,, 2000 regular meeting. The public was reminded that there is no watedng between the hours of 9 am and 5 pm. The City Manager announced he will be attending the Annual City/County Manager's conference in .Ponte Vedra Beach beginning on Thursday and that the weekly newsletter is available tonight. 9. CiTY CLERK MA'I"rER,~ The City Clerk announced that Board of Adjustment applicant Kenneth Kidwell had withdrawn his application and, therefore, no action need be taken on that agenda item. The City Clerk reported on attendance at the Annual Florida City Clerks Conference, advising Council. that certain matters such as p.a. systems, procedures, etc., of concern to the City of Sebastian are shared by other cities. 10, CITY COUNCIL MATTERS A. Mr. Majcher DiscUssed citizen calls regarding the proposed Charter School and whether there was another more suitable site. Reported on the previous night's meeting regarding the proposed north county recreation area planned for location west of the middle school. 3 RegularCityCouncll Meeting May24,2000 Page Four 00.130 lYtayor Barnes . Reported on cells he has receiva~d regarding parking in swales and suggested this matter be deferred to June 14, 2000. C. Vice Mayor Bishop None. D. Mr. Barczyk Absent. 11. 12. None, ~ CONSF.,.~T.AGENDA ' Ail Items on the consent agenda are considered tau#ne an~ w~ be ene~ad by one mo#on. There w~ be no separate discussion of consent agenda items unless a member nf City Counc~ ~o requests; in which event, the item w~l be removed and acted upon sepomtel, y. A. Approval of Minutes - 5/3/00 Workshop, F'scher Wedding Reception - Community - for A/B Request - 75 Attendees (City Cl$ The City Manager read the consent agen~ MOTION by Hill/Majcher "1 move to approve the consent ROLL CALL: Mr. Barczyk Mr. Majcher Mr. Hill Mayor Barnes Mr. Bishop MOTION CARRIED 4-0 PUBLIC_HEARING i/10/00 Regular Meeting ~enter - 6/17/00 - 6 to 10 pm - Security Paid - Age Veritied ~rk Transmittal 5/16/00, Application) :ia. ~genda." - absent ~ aye - aye ~ aye - aye OrdinarLce_No. O-00-11 - Chao~l.e in Permitted Use in Industrial Zoning District - Second Reading and Secortd Public Hearina (Growth Managerpent Director Traosmittal 5/18/00. O~00-11) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 20A-3.14 IN, INDUSTRIAL DISTRICT, OF THE LAND DEVEI~OPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. (Display Ad 5/3/00, 1st Reading and 1 st Public Hearing 5/10/(30, Display Ad 5/17100, !2nd Reading and 2nd Public Hearing 5/23/00) 4 Regular City Council Meeting May 24, 2000 Page Five 00.110 B. Mayor Barnes opened the public hearing at 7:55 p.m., and the City Attorney read Ordinance No. O-00- 11 by title. The Growth Management Director gave a brief summation. The City Attorney noted a scrivener's error (tape) Mayor Barnes closed the public hearing at 7:58 p.m. MOTION by Hill/Bishop "1 move to approve Ordinance No. O-00-1 ROLL CALL: Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - absent MOTION CARRIED 4-0 O~'dinanc~e No. O-00-12 - Regulate Elevation of FillNlatertal at Construction Sites - Seconal Reading and Public Hearing (.City Manager Transmittal 5/18/00. O-00-17,,) AN ORDINANCE OF THE. CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 26 TO REGULATE ELEVATIONS OF FILL MATERIALAT CONSTRUCTION SITES; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. (1st Reading 4/26/00, Legal Ad 5/10/00, Public Heating 5/24/00) Mayor Barnes opened the public hearing at 7:59 p.m; and the City Attorney read Ordinance O-00-12 by title. Newton Young, 237 Delmonte Road, Sebastian, submitted photos of an overfilled lot adjacent to his house. Tut Connelly, Sebastian, thanked Council for the ordinance. Mayor Barnes closed the public hearing at 8:03 p.m. MOTION by Majcher/Bishop I make a motion to move to adopt Ordinance O-00-12, amending Code of Ordinances, Chapter 26 to regulate elevations to fill matedal at construction'sites. ROLL CALL: Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr, Barczyk - absent Mr. Majcher - aye MOTION CARRIED 4-0 Regular City Council Meeting May 24, 2000 Page Six 00.042 C. 00.065 D. Ordinance No, O_-00-1:~ -Amending Fiscal Year 2000 Budget- Second Reading arld Public Headng (Finance Director Trensmittal 5/t 8100. O-00-13.2nd Qtr Budget Review Memo aE~l Income State_rDen. t bE Fungi at. Chara~er ~.eveL Project Status Reports by Fund, Investment Summaly) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1999 AND ENDING SEPTEMBER 30, 2000 AS PROVIDED FOR IN EXHIBIT'A'; PROVIDING FOR SEVERASlLITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (1st Reading 5/10/00, Legal Ad 5/12/00, Public Hearing 5/24/00) Mayor Barnes opened the public hearing at 8:05 p,m., and the City Attorney read Ordinance No. O-00.-13 by title. / The Finance Director briefly addressed (~ouncil, Mayor Barnes closed the public hearing at 8:07 p.m. MOTION by Bishop/Hill "1 move to adopt Ordinance O-0(-13, ROLL CALL: Mayor Barnes - aye Mr. Bishop - aye :Mr. Barczyk - absent Mr. Majcher - aye Mr. Hill - aye MOTION CARRIED 4.0 Ordinaqce I~o, O-00-15 - Adopting New I~arLd_Development Code -Fimt Reading a_nd Firs~ Public Hea~dng - Second Re~ding and Secol:~d P_ublic Hearing Scheduled for ~/14/00_((~rowth Mana.gement Transmittal 5/18/00. O-00-' 5. LDC Revisions. City Attorney Suggested Oj~tion~) AN ORDINANCE OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REVVRITING CiTY CODE CHAPTER 20A, THE LAND DEVELOPMENT CODE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Display Ad S/17100, 1st Reading and 1st Public Headng 5/24/00, Display Ad 5/31/00, 2nd Reading and 2nd Public Hearing Schedulad for 6/14/00) Mayor Barnes opened the public hea~ng at 15 by title. The Cibj Attorney recommended that the c of the prior code will apply to any pendinl; The Growth Management Director revie~ occupational license approval be admini.~ maintain the notice procedure. 8:08 p.m., and the City Attorney read Ordinance No. O-00- rdinance effective date be amended to add ~the provisions application as of today's date," ed the amendments and .recommended that home tered by staff rather than Planning and Zoning, but Regular City Council Meeting May 24, 2000 Page Seven TAPE fl - SIDE i (8:25 p.m.) The City Attorney reviewed proposed options as distributed in the agenda packet regarding residential building height and shrubbery; and recommended that the minimum square footage requirement for RS~10 lots be reduced to 9500 square feet, since many are currently that size. William Mahoney, Delaware Avenue, Sebastian, opposed .the amendment that would raise the residential building height to 35 feet. Kathryn Groepler, Wimbmw Drive, Sebastian, opposed the 35 foot height, and shrub proposal. Sal Neglia, Sebastian, opposed the 35 foot height. Mayor Barnes called recess at 8:42 p.m. and reconvened the meeting at 8:55 p.m. All members were present. It was decided to address each proposed amendment separately as follows: 1. Author's amendment to make any pending applications as of today's date go under the old code 2. Home occupational licenses processed administratively 3. Minimum RS-10 lot requirement reduction to 9500 sq ft 4. Maximum 35' height in RS-10 district 5. Shrub requirement Mayor Barnes closed the public hearing at 9:57 p.m. 1. Author's Amendment MOTION by Barnes/Hill ~Author's amendment making all pending applications effective from today on, will come under new Land Development Code." ROLL CALL:' MOTION CARRIED 4-0 Mr. Bishop - aye Mr. Barczyk - absent Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye · 2. ~l~me Occupational License Approval b.y Administration MOTION by Hill/Majcher ~So move.' ROLL CALL: MOTION CARRIED 4-0 Mr. Barczyk Mr. Majcher Mr. Hill Mayor Barnes Mr. Bishop - absent - aye - aye - aye - aye Regular City Council Meeting May 24, 2000 Page Eight 3. Reduction in RS-10 LOt Size to 9~500. Sql.g~e Feet MOTION by Barnes/Bishop '1'11 make a motion that we change the lot size in the RS-10 di~rict to 9500 square feet.' ROLL CALL: Mr. Majcher Mr. Hill Mayor Barnes Mr. Bishop Mr. Barczyk - aye - aye - aye - aye - absent MOTION CARRIED 4~0 4. RS-10 Maximum Building Heiaht to 34 Fe~t MOTION by Barnes/Bishop ~ "1'11 make a motion that we leave the 25 feet in the RS-10 .district just the way it is." / Adrina Davis, Sebastian, .objected to the :~5 foot. David John, Sebastian, suggested a public hearing. ROLL CALL: Mr. Hill ! - nay Mayor Barnes ~ - aye Mr. Bishop ~ - nay Mr. Barczyk - absent Mr. Majcher - nay TAPE II- SiDE II (9:17 p.m.) MOTION FAILED 1.3 (Hill, Bishop, Majch er -nay) MOTION by Bishop/Majcher [ "1 would make the motion to have a maximum height at 35 feet, eliminating 400 square'feet living space above the second floor with l~he recommended setbacks as proposed, that would be under option 2 setbacks." ROLL CALL: Mayor Barnes Mr. Bishop Mr. Barczyk Mr. Majcher Mr. Hill MOTION CARRIED 3-1 (Barnes - nay) - nay - aye - absent - aye - aye Regular City Council Meeting May 24, 2000 Page Nine 5. Shrubs MOTION by Hill/Bishop 'Amend landscaping requirements to require minimum square footage of shrubbery based on a formula to be proposed at second reading, to be competed within 6 months of receiving the certificate of occupancy. ~ ROLL CALL: Mr. Bishop - aye Mr. Barczyk - absent Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - nay MOTION CARRIED 3-1 (Barnes - nay) MOTION by Majcher/Bishop Ul make a motion to hold the first reading of O-00-15 and schedule second public headng and reading for June 14, 2000 as amended." ROLL CALL: Mr. Barczyk - absent Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye MOTION CARRIED 4-0 00.131 Resqlution No, R-00-30 - Moi;li[cation to Golf Coume Rates (Finance Director Transmittal, R-00-30) A RESOLUTION OF THE CITY.OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO FEES AT THE SEBASTIAN MUNICIPAL GOLF COURSE; AUTHORIZING THE GOLF COURSE MANAGER TO MAKE ADJUSTMENTS UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR AMORTIZATION OF MEMBERSHIPS; PROVIDING FOR EXPIRATION OF GIFT CERTIFICATES; PROVIDING FOR CONFLICT; PROVIDING AN EFFECTIVE DATE. (Display Ad 5/22/00) Mayor Barnes 'opened the public hearing at 9:42 p.m., and the City Attorney read Resolution No. R-00;30 by title. The Golf Course Director briefly explained the need for increased fees; and City Council commended Mr. Cerjan for the changes that have been made to the Golf Course. The Finance Director responded to questions from Council. George Hertling, 517 Breakwater Terrace, Sebastian, addressed Council. TAPE III- SIDE I (10:10 p.m.) Thomas Wojciekowsld, Sebastian, addressed Council. Regular City Council Meeting May 24, 2000 Page Ten Mayor Barnes closed the public hearing at 10:13 p.m, MOTION by Majcher/Barnes I fl make .a motion to move to adopt Resolution R-00-30, establishing golf course rates." ROLL CALL: Mr, Majcher ! - aye Mr. Hill ! - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - absent MOTION CARRIED 4-0 13. INTRODUCTION OF NEW BUSINESS FROM Ti' Item that has occurred crwas discovered within the pre~4ou$ six months which Is not othen/vise on the agenda, sign-up required- #mit of ten minutes for each speaker Bill Clegg, Park Pace, submitted a petition reques Street; and read it into the record (see attached). Manager and Police Chief and someone would gl Bob Ashcroff, Sebastian, submitted a petition rage attached) and read a prepared statement objecfin copy of the statement that Mr. Ashcroft read from would get back to him. ~ing speed imit signs and vehicle weight limits on Barber Mayor Barnes said he would address this with the City ~t back to him. ,rding a proposed charter school on Wave Street (see g to the school at this site. Mayor Barnes requested a and said the matter would be looked into and someone MOTION by Barnes/Bishop '1'11 make a motion to extend the meeting to no later than 11 pm." ROLL CALL: Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - absent · Mr. Majcher ~ aye MOTION CARRIED 4-0 Antero Figueredo, 900 US 1, Sebastian, Dunldn Donuts, discussed his riverfront water assessment, stating he had never, received a letter on the assessment. The City Attorney said perhaps during sale of the property the deed was improperly prepared and advised that state law does not allow any waivers of assessments. / Ray Contglio, 941 Carnation Drive, Sebastian, re~d a prepared statement regarding FDOT plans for US improvements which will eliminate parking on US-' ,1 to build bikepaths; and requested that Council take steps to prevent this from happening (see letter attached) Ruth Sullivan, indian River Drive, Sebastian, objeCted to the elimination of parking on U.S., suggested that a letter be sent to FDOT; and recommended forrr ation of a historical district. ]0 Regular City Council Meeting May 24, 2000 Page Eleven 00.006 00.120 14. 15. 16. COMMLTTEE REPORTS/RECOMMENDATIONS Board of/~djustment 1. Interview. UnlessYVaNec[, and Appoi.~t One Regular Member Effective 6/1/2000 with Tern to Expire 6/1/2003 (City Clerk Transmittal 5/15/00~pplicafion, MemberList. Ad) The only applicant, Kenneth Kidwell, had withdrawn his application prior to the meeting. _OLD BUSINESS None. ~EW_ BUSINESS Ordinance_No, O-00-16 - Communlh, Redevelopment~'_rust Fund - First Reading - Set Public Hearing for 6/28/00 (Finance Director Transmittal 5/17/00. O-00-16. Finance 1ID[rector Memo 4{25/00, FS 163.387 Excerpt. S~Jmmary of Changes to Section 78-30) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 78..30 OF THE CODE OF ORDINANCES, COMMUNITY.REDEVELOPMENT TRUST FUND; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTiVE DATE. The City Attorney read Ordinance No. O-00-16 by title. MOTION by Hill/Bishop "1 move to approve Ordinance O-00-16 and set a public hearing for June 28, 2000.' ROLL CALL: Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - absent Mr. Majcher - aye Mr. Hill - aye MOTION CARRIED 4-0 Authorize cr~ Manager to Execute St, Johns River Water Manaoernent District Renewal Agreement (C~ Manage[ Transmittal 5/19/00, Agreement) MOTION by Majcher/Bishop I move to authorize the City Manager to execute the First Renewal Agreement between St. Johns (River) Water Management Distdct and the City of Sebastian for the development and implementation of a surface water management plan for the City of Sebastian-Phase I, Segment I1." ]] Regular City Council Meeting May 24, 2000 Page Twelve 17. ROLL CALL: MOTION CARRIED 4-0 Mr. Bishop - aye Mr. Barczyk - absent Mr. Majcher - aye Mr. Hill - aye Mayor Barnes i - aye Being no further business, Mayor Barnes adjourned the Regular Meeting at 10:55 p.m. Approved at the ,2000 Regular City Council Meeting. Walter Bames, Mayor A'FI'EST: Kathryn M. O'Halloran, MMC City Clerk MINUTES SEBASTIAN CITY COUNCIL SPECIAL MEETING TUESDAY, MAY 30, 2000 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Barnes called the Special Meeting to order at 6:00 p,m. RO]..L CALl. DJty Council Present: Mayor Walter Barnes Vice Mayor Ben A. Bishop Mr. Edward J. Majcher, Jr. Mr. James Hill City Council Absent: . Mr. Joe Barczyk (excused) Staff Present: City Attorney, Rich Stringer City Clerk, .Kathryn O'Hallomn Police Chief, Randy White Deputy City Clerk, Sally Maio Special City Council Meeting May 30, 2000 Page Two SPECIAL MEETING ITEMS A. Consider Declaring ~ter S~oAa.ge Em~mency in Accordance with 102-82 of the Code of Ordinances (Cgde_ Section)' ~ The following individuals addressed Council on the water restriction: · Baxter (inaudible), 660 Balboa Street, Sebastian, stated the City should stop new sodding of right-of-way during shortages. I · Kathy (inaudible), Easy Street, sebastian, discussed enforcement problems and people violating the restrictions. · Sal Neglia, Sebastian, said the .US 1 median north of the cemetery is being watered mid- morning. · Jeff Paulson, Easy Street, Sebastian, asked if the declaration is premature .if rain is in the forecast. · Bob Stewart, Mulberry Street, Sdbastian, submitted University of Florida information regarding proper watering techni~lues which he said he uses. Mayor Barnes suggested the water restri~on issue be placed on the June i4, 2000 agenda for consideration of other restrictions; and advised that people can call Code Enforcement at the Police Department (589-5233). Discussion followed on whether the restr~ons go far enough and It was the consensus of Council to place the item on the June 14, 2000 agenda. The City Attorney stated he had several different drafts and he was directed to number and forward them to the Council prior to the meeting to allow them time to.review. They were reminded that new language had to be enforceable. · MOTION by Bishop/Hill ~ '1'11 go ahead and make a motion that we implement the emergency water restrictions as provided in Sections 102-83 and 102-84 and that they become effective 5/31/2000.' Approved at the ROLL CALL: Mayor Barnes Mr. Bishop Mr. Barczyk Mr. Majcher Mr. Hill MOTION CARRIED 4-0 Being no further business, Mayor Barnes adjourn, - aye - aye - absent - aye - aye ;d the Special Meeting at 6:30 p.m. ., 2000 Regular City Council Meeting. Walter Barnes Mayor Kathryn M. O'Halloran, MMC ~ity Clerk I City of Sebastian 1~ Main $~et Seb~tian, Florida S2958 Telephone (561) 589-5550 F~ (5~I) 589-5570 Subject: Request for use of Riverview Park Agenda No. ~ /~ Exhibits: Letter Dated May 24, 2000 Expenditure Required: Amount Budgeted: Department Origin: City Clerk Date Submitted: 5/30/00 For Agenda of.' 6/14/00 Appropriation Required: SU/vlMAR¥ 8TATEMEI~T A lettex,has be..n received from Faith Hopkins, Secretary of the. Craft Club requesting use of Riva-view Park on thc following dates for their Craft ShOWs: October 7, 2000 - Raindate Oct. 8, 2000 November 4, 2000 - Raindate Nov. 5, 2000 December 2. & 3, 2000 (Two Day Show) January 6, 2001 - Raindate.Jan. 7, 2001 February 3, 2001 - Raindate Feb. 4, 2001 March 3, 2001 - Rain&t, Mar. 4, 2001 April 7, 2001 - April 8, 2001 May 5, 2001 - MAY'6, 2001 RECOMMENpEO ACTION Consider the request and act accordingly. ,I I I .i I I I i I · ~ I I i I i I I I City of Sebastian 1225 Main Str~et $ebastian, Florid~ Telephone (56I) 589-5550 i Subject: Request for us~ of Riverview Park Exhibit.~: L~tter Dated May 15, 2000 Agenda No. Department Origin: City Clerk Date Submitted: 5/30/00 For Agenda of.' 6/14/00 Expenditure Required: Amount Budgeted: Appropriation Required: SUMMARY gTATEMENT A letta' has been receiv~ from Carol Hamilton requesting thc us~ of el~Iri¢ity at Riva~icw Park during a Birthday Party to be held on August 12, 2,000. KECOMMENOED ACITON Consider the request and act accordingly. City of Sebastian City Council -~:--""~' ..... i~=1225 M..ain Street RE: Use of Riverttew Park I May 15, 2000 To Whom It May Concern: Z am planning an 89~ birthday party for my Mother on August 12, 2000 starting arou~,d noon and would like very much for it to be held in tJ~.e large patti/on at Riverview 1~ark. There will be 3 0 - 40 people attending. oCca~.i~n i fat alz, POSS~ble. WOuld you Please inform me hoW I can go about doing this? would appreciate any infor~ultion you can provide me. Thank you for your help and cO~operation. Sincerely, Carol Hamilton 730 23rd Place SW VetO Beach, FL' 32962 ' "" 561-770,0999 Work # 589-4334 ext 227 City of Sebastian 1225 Main Street Sebastian, Florida 52958 Telephone (1561) 1589-15550 FAX (156I) 589-5570 Subject: Request for use of electricity at Rivcrvicw Agenda No. · ~,/~.7 Park Approved for Submittal by:. City Manager Department Origin: City Clerk ~ Exhibits: Letter Dated June 2, 2000 Expenditure Required: - Amount Budgeted: Appropriation Required: .SUMMARY STATEMENT .A letter has been received from Pastor Robert Littleton of Lakeside Fellowship Church requesting the usc of electricity at Rivervicw Park for a church function on June 25, 2000 from 9:00 A.M. until 12 Noon. F,~COMMENDED ACTION Consider the request and act accordingly. To: Cit~ of Cii~ ~r. T~rr~a~ IL M~or~. I Sabj~"t; Kid's Fi~i~g On t~w 2~4th of'June 2000 ! woold ltl~ thc us~ ofdze Riwrstd~ Park, In -~ebs~n ~zom 9sm umil At 11 am each cl~ild will rorivo s fro: ttiliult rod a ~ a ~ bait, It~ ~ve~lt will ~1 at 11:30, Izr. at Suport oft. he ~nt: Sumt. hin l~ishy Radio, Capt Al phillips, ]JiilSl~l Mlili~, SOiN~, ~ Ceutirr V~m'u B~ch, Do,,'s Alumiaum ,Solx~tian, ~ona{ Outflmu, s Tacide Sholk Veto Beach, ami Th~ imlia~ Am~ri~ Club Of Sdmliau, I will bo having s UTe radio remote on ~ 1490 am flout 9am tiU 10 am the day of tho evmtf. Sumthin lmisl~ RIKIio KAP $~f~hlng TI~ l~ys. KAP 634 BROWNING TERF~ACE K~S FISHING ~VENTURE 24 REOIS~A~ON ST~TS AT STATION. F[$~NG ~V~NTU~ ST~TS AT 10 AM AT ~S~O ~S~U~IONS BY LOCAL CL~S ~ OU~ES. ' EACH BOY' ~ ROD A~ R~HL ~A~ C~ ~ OPENHD TO C~ ~ , LOC~ S~NS~ OF ~ ~: · S~BAST[AN l~~ S~AS~N DONS ~~ ~AN ' ~RTSMAN S MAmNA ~ LODGE i I I I I i I City of Sebastian, Florida I OFFICE OF THE CITY' ATTORN.EY~~ AGENDA TRANSMITTAL Agenda No. Subject: Orange Peel Enterprises lease; correcdon Date Submitted: 6/5/00 SUMMARY: For Agenda of.' 6/14/00 EXPENDITURE KEQU]I~D: 0 AMOUNT BUDGETED: 0 APPROPRIATION KEQU]I~D: 0 The lease presented for the Greens+ facility at the airport stated that the leased premises covered four acres. At the same time, the described area was for a three acre parcel. This was a result of expanded areas discussed during lease negotiations. The ACTUAL lease area was supposed to be five acres, which would entail 532 feet of frontage along Roseland Road. It is thought that during the presentation on the lease, the five acre amount was the area discussed. Lease documents have been modified to reflect the change in these erroneous figures. RECOMMENDED ACTION: Council acknowledgment and consent to correction of the scrivener's error in the Airport Lease with Orange Peel Enterprises, Inc. to reflect a five acre parcel beating 532 feet of frontage on Roseland Road. AUTHORIZED FOR PLACEMENT ON, AGENDA BY CITY MANAGE City of Sebastian, Florida CONSENT AGENDA TRANSMTrTAL AgendaNo. Subject: Travel Authorization 6/21 - 6/25; Fla. Bar Annual Meeting Date Submitted: 6~6/00 For Agenda of: 6/14/00 EXPENDITUKE KEQUBLED: $1086 AMOUNT BUDGETED: $3796 APPROPRIATION REQUIRED: 0 SU1MEMARY: The Annual Meeting of the Florida Bar will be held June 21-25, 2000 in Boca Raton. The City Attorney will be attending this program in lieu of the annum meeting of the Florida Municipal Attorney's Association as provided for in the budget. RECOM2VI~NDED ACTION: Authorize payment for City Attorney travel for attendance at the Annual Meeting of the Florida Bar to be held June 21-25, 2000 in Boca Raton. '. AUTItORIZED PLACEMENT ON CONSENT AGENDA BY CITY MANAG~~'" I City of Sebastian, Florida Subject: Final Plat of Publix Indian River Subdivision. Exhibits: Exhibits: 1t-00-33, Application, Final Plat and Location Map EXPENDITURE AMOUNT BUDGETED: REQUIRED: None None Agenda No. cO ('~, / q 0 Department Origin: .C.~,owth Management Traey E. Hass ,~/.~ · Date Submitted: June 7, 2000 For Agenda of.' June 14, 2000 APPROPRIATION REQUIRBD: None SUMMARY Boos Development Group, Inc. has filed an application for a subdivision final la, or the proposed development of a retail shopping center at the interse6don c~f U.S. Plijhway 1 and Barber Street. The proposed development for the subject parcel is for construction of a 44,198 SF Publix and 10,000 General Retail space, together with associated parking, water and sewer service, drainage, and landscaping. Access to the site will be accomplished via a right-in, right- out driveway connection to U.S. 1 -and a two-way driveway connection to Barber Street. Proposed water and wastewater service to the site will be accomplished via connection to Indian Kiver County Utilities. Stormwater runoff for the proposed development will be routed to an site retention area. The site contains 9.2 acres, or 432,115 SF of total land area. Of which, 296,000 (68.5%) is impervious surface and 88,187 SF (20.4%) is green area with 47,781 SF (11.1%) as lake area. The City's Surveyor, City Attorney and Growth Management Department have reviewed the subj eot fmal plat and find that it complies with applicable City and State regulations. RECOMMENDED ACTION Move to adopt Resolution No. R-00-33 for the Publ'.m Indian River Subdivision Final Plat. RESOLUTION NO. R-00-33 A RESOLUTION OF ~ CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING ~ FIN~ PLAT FOR A SUBDIVISION KNOWN AS PUBLIX 12VI)IAN RIVER SUBDMSION LOCATED AT THE NORTHWESTERN CORNER OF ~ INTERSECTION OF U.S. H-IGHWAY i AND BARBER STREET; PROVIDING FOR CONFLICTS ]Ti~R~W1TH; PROVIDING FOR EFFECTIVE DATE. WHEREAS, Boos Development Group , Inc., a Florida corporation, has filed an application for approval of a final plat for a subdivision known as Publix Indian River Subdivision; and WHEREAS, said preliminary plat was approved by the City Council with eight special conditions pursuant to 1~-00-18 on April 12, 2000; and WHEREAS, said eight special conditions have been satisfied and applicant have submitted a certified engineer's estimate for site improvements of $499,083.75; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF ~ CITY OF SEBASTL4~, as follows: Section 1. FINAL PLAT APPROVAL. The City Council of the City of Sebastian does hereby approve the final plat for as Publix Indian River Subdivision prepared by William E. I-]ayhurst as maintained on file with the City Growth Management Department, subject to posting in accordance with the City Code of a bond in the amount of $548,992.13 to secure construction of required site improvements. Section 2. herewith, are hereby repealed. Section 3. EFFECTIVE DATE. upon its adoption. CONFLICT. All resolutions or parts of resolutions in cordliet This resolution shall take effect immediately The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Couneilmember vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ben A. Bishop Councilmember Joe Barcz3,k Councilmember James Hill Councilmember Edward J. Majcher, Jr. and, upon being put into a The Mayor thereupon declared this Resolution duly passed and adopted this 14th day of June, 2000. CITY OF SEBASTIAN, FLORIDA By: ATTEST: Kathryn M. O~Ialloran, CMC/A.A.E City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney Mayor Walter Barnes I i I I I' I I I I i i i I I i I I I i City of Sebastian Development Order Application Permit Application No. Applicant (If not owner, written authorization (notarized) from owner is required) Name: Boos Development Group, inc. · Address: 19321-C U.S. Hwy. 19 North, Suite 605, Clearwater, FL 33764 Phone Numbe~. (727) 524 '8922 FAX Number. ( 727 ) 524 - 8864 E-Mail: Owner (If different from applicant) Name: Nelson Hyatt -Address: 8725 Lakeside Blvd. No. 311, Veto Beach, FL 32963 Phone Numben ( 561 ) 589 4111 - FAX Number. ( B-Mail: I IType of permit or action requested: ~:)L PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMI:I' OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL.MAPS, SURVEYS, DP, AWINGS, ETC. SHALL BE Aq-I'ACHED AND 81/2" BY 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. A'II'ACH THE APPROPRIATE SUPPLEMETAL iNFORMATION ~ORM. A. Project's Name (if applicable): Publ~ - Indian River B. Site Information / ". Address: ,. .~ 9605 U.S. 1 (N.W. Corner of U.S.i & Barber Street) ~ ', ,,o Lot: Block: Unit: Subdivision: ~ .,, Indian .River County Parcel #: Zoning Classification: CG Existing Use: Vacant Lant 20-31-39-00000-7000-00001.0, 2.0, 3.0 Future Land Use: CG Pro posed Use: Cmrcial/Retail C. Description of proposed activity and.purpose of the requested permit or action (attach. extra sheets if DATE RECEIVED: fForm CD-2001 Approved: 08/27/97 Revision: FEE PAID: RECEIVED BY: ~ Development Application File Name: Daa Permit Application No. Project Personnel: Agent: Name: David Knight; Kniqht~ McGuire and Assqci~tes, ~nc. Adclress 80 Roya& Palm Bl~d., Su2te 401, Veto Beach, :~% 32960 Phone Humbert (561)569 - 5505 FAXNumben ( 561 ) 569 *1455 E~Mail: Attorney: Name: Address Phone Numbe~. ( . E-Mail: Engineer: Name: Same a~ agent. Address ) - .FAX Number. ( ) Phone'Numben '( ) FAX Humbert ( ) E-Mail: Surveyor: Name: William Hayhurst; F~hurst Land Surveying, Inc. Address 1122 Old Dixie Hi~hwa~f, Suite B-6, Ve¢o Beach, FL Phone NumDer: (561) 569 - 6680 FAX'NumDeF. (561 3296'0 ) 770 -3446 E-Mail: / l, ~'¢A,d ~niobLt , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: . I AM THE OWNER ~/ [ AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MA%TER OF THIS APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE ACCURATE AND TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF.' SWORN TO AND SUBSCRIBED BEFORE ME I~y ~-~'~,(','1,_ '~) ~ ~ WHO I$ PERSONALLY KNOWN TO ME OR P~,ODUCE;D TH,s OF AS IDENTIFICATION, NOTARY'S SIGNATURE PRINTED NAME OF NOTARY COMMISSION NO./~PIRATION S~L: DATE Form CD-200I Approved: 08227/97 ~age 2 of 3 Revision: Development Application File Name: Dca I- I I I I I I I 1'3 I I I I I I I Permit ~,pplic~tion No. The following is required-for all comprehensive plan amendments, zonin9-amendment (including rezoning), site plans, conditional use Permits, special use permits, variances,,. exceptions, and appeals. I/WE, __'THE OWNER(S) HE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY' DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE. EACH AND EVERY MEMBER OF THE P'lan-r3-~c~ ~d ~,OT~_,-~g BOARD/COMMISSiON OF THE CITY OF SEBASTIAN (THE 'ROARD'/'COMMISSION"I TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. I/VVE HEREBY WAIVE ANY OBJECTION OR DEFENSE I/WE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WAIVER AND CONSENT IS .BEING SIGNED BY ME./US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, PROMISES MADE, BY ANY EMPLOYEE, AGENT, ..CONTRACTOR OR OFFICIAL QF THE CITY OF SEBASTIAN. ~ - DATE `dr SIGNATURE Sworn to and subscribed before me by David S. KniQht, P.E. who is personally known to me~ a3 idefltific3ticm, this ~ day of Notary's Signature *~:~ 0.~. ' .,~~~-..~ Printed Name of. Notary ~--~-t Commission No./~piration Seal: KELLY S, GILLEN J tForm CD-200'I Approved: 08/27/97 Page 3 of 3 Revision: Development Application File Name: Doa Permit Application No. Supplemental Information- Final Plat Approval 1. The following information is required on all final plats: / / .... a. Name of subdivision. ,, · Title Block. ~.~o .. · Legal Description. ' ..... ::.:-. ...~d. Index Sheet. -'" _ ..... ~e. The final plat shall comply with Chapter 177, Flodda Statutes, and shall show all lengths of arcs together with central, angles, radii, and points of :curvature. / f. Scale. /; - __ . Nor[h .arrow on every sheet. Bearing or azimuth reference shall be clearly stated on the face or first page' of the plat. __~The point of beginning shall be baldly shown. / i. All intersecting street right-of-way shall be joined by the long cord of minimum radius of twenty-five feet and all dimensions shown: ~j. Ali adjoining .property shall be identified by a subdivision title, plat book and page or, if unplatted, 'the land shall be s designated.. __ k. tf the proposed plat borders upon any 15ublic water bodies, delineate'the mean high water line, I. Permanent reference makers she I be shown. In the upper right hand comer, provide a three inch by five inches space to be used by the clerk of the circuit court for recording information. The plat shall be accurate with C~.01 foot and shall be tied accurately to all township, range, and section lines· On the cover sheet or first page show a vicinity sketch. 'Lot an'blocks shall be numbered or lettered. Form CD-2024 Approved: 8/27/97 I Revision: File Name: Sifinplt I I 1 I I i I I I I I I I i I I I I I I Permit Application No. The plat shall contain the name of each street shown. Ail right-of-way and easements widths and dimensions shall be shown on the plat. __2. Attached the following: /.a' Si, copies of the final plat. (Two sets must be sealed.). /¢ % b. Three seal Sets of as-built plans. Form CD-2024 Approved: 8227/97 Revision: Page 2 of 2 Final Plat File Name: Si~n¢lt 'l__ ruu~x - inolan r<wer Estimate of R~quir~'Subdivi~ion Improvemen~ ICERTIFICATE OF COST ~STIMATE I, David S..Knight, a Flodda Registered Engineer, License No. 41060, do hereby certify to City of Sebastian that .a cost estimate has been pre, pared under my responsible direction for those improvements itemized in this exhibit and that the total cost estimated for said improvements is $499,083.75. This estimate has been prepared, in part, to induce approval t~y the City of a final plat for the Publix Indian River Subdivision, J and for the purpose of establishing proper, surety am~ounts associated there with. ;David S. K~ght, P.E. FI. Reg. No. :Summary: ._ ~R_e. c~u ired _S._u. _b_. .d_ !..v isi on J_m.£ro_ve_me,, nt .s. On-Site: General/Earthwork Pavement Drainage Water Sewer Miscellaneous $ 100,395.00 $ 46,319.50 $ 60,575.00 $ 32,850.00 $ 69,420.00 $ 22,750.00 Off-Site: US 1 Improvements Barber Street Left Turn Lane $ 48,903.00 $ 35,000.00 Professional Engineering _ Surveying 30,000.00 7,500.00 -Subtotal Contingencies (10%) Grand Total $ 453,712.50' $ 49,371.25 $ '499,083.75 Publix - Indian River Estimate of Required Subdivision Improvements ~en_eral/Ea ,r['.hw~ork Mobilization Clear & Grub Gr.adin_g Excavation & Embankment Paveme0t 12" Stabilized Subgrade 6" Compacted Base 1 1/2 S-1 Asphalt Stop Sign _Stop Bar Sod Draina~3e 15, RCP '18" RCP 30" RCP 15" CAP Type 'C' Inlet Drainage Manhole Conc Mitered End .T. ype .'C"Outfall Structures Unit Qtv Unit Price AmOunt LS 1 $ 5.000.00 $ 5,000.00 AC 11.59 $ 1,500.00 $ 17,385.00 AC 1'1.59 $ 1,500.00 $ 17,385.00 CY 24,250 $ 2.50 $ 60.625.00 Subtotal $ 100,395.00 SY 3 678 $ 2.00 $ 7,356.00 SY 3,541 $ 6.00 $' 21,246.00 SY 3.405 $ 3.50 $ 11,917.50 EA 2 $ 200.00 $ 400.00 EA 2 $ 200.00 $ 400.00 LS 1 $ 5,000.00 '$ 5,000.00- Subtotal $ 46,31:9,50 LF LF LF LF EA .FA 1,150 $ 20.00$ 23,000.00 445 $ 25.00 $ 11,125.00 230 $ 40.00 $ 9,200.00 80$ 20.00 $ 1,6oo.oo. 9 $ 1,100.00 $ 9,900.00 $ 1,5oo,oo $ 3,ooq:oo 1 $. 250.00 $ 250.00 2- $ 1,250.00 $ 2,500.00 Subtotal $ 60,575.00 Water 12" P¥C LF 6" PVC LF 12" DIP LF 8" DIP LF 8" PVC LF 2" PE LF Fittings 12" 22 1/'2 degree MJ Bend EA 12" x 12" MJ Cross EA 12" x 8" MJ Reducer EA 8" 22 1/2 degree MJ Bend EA 8" x 6" MJ Tee EA 8" x 6" MJ Reducer EA 6" x 6" MJ Tee ' EA 12" x 12" MJ Tee EA 12"x 6'"'MJ Reducer EA 12" 90 degree MJ Bend EA 12" X 6" MJ Tee EA 12" MJ Plug EA 6" 45 degree MJ Bend EA 6" 22 1/2 degree MJ Bend EA 8" MJ CAP i EA 6" 90 oegree MJ Bend / EA 1174' $ 20.00 235 $ 8.00 20 $ 35.00 300 $ 25.00 100 $ 10.00 275 $ 3.00 '3 $ 400.00 1 $ 500.'00 2 $ 400.00 1 $ 250.00 1 $ 300.00 1 $ 250.00 1 $ 250.00 2 $ 450.00 2 $ 350.00 I $ 400.00 2 $ 350.00 I $ 300.00 2 $ 200.00 1 $ 200.00 1 $ 250.00 1 $ 200.00 $ 23,480.00 $ 1,880.00 $ 700.00 $ 7,500.00 $ 1,000.00 $ 825.00 $ 1,200.00 $ 500,00 $ 800.00 $ 250.00 $ 300.00 $ 250.00 $ 250,00 $ 900,00 $ 700.00 $ 400.00 $ 700.00 $ 300.00 $ 400.00 $ 200.00 $ 250.00 $ 200.00 Publix - Indian; River Estimate of Required Subdivision Improvements · Descripfiqn Water 12" MJBV -8" MJGV w/Box & Conc Pad 6" MJGV wi Box &Conc Pad 2 1/2" GV wi Box & Conc Pad 2" Water Service Assembly 2 1/2" Water Service Assembly Double Water Service Single Water Service Fire Hydrant. Assembly Sampling Point Perm. Blow-Off Unit . ~ Unit Pric..~..~_~e EA _ i 4 $ 2,500.00 $ EA .· 2 $ 800.00 EA 2 $ · 500.00 $ EA 1 $ 200.0O $ EA 1 $ 25O.OO $' EA 15 250.00 $ EA 4 $. 700,00 $ EA 3 $ 500.00 $ EA 4 $ 1,500.00 $ EA 5 $ 250.00 $ EA 1 $ 400.00 $ Subtotal $ Sewer Sanitary Manhole ' 8" PVC 6" PVC 2" Force Mare Lift Station EA 5 $ 1,500.00 $ LF 861 $ 30.00 $ LF 40 $ 25.00 $ LF 30 $ 3.00 $ EA 1 $ 35,000.00 $ Subtotal $ Misce!Ja~,np. gus FPL Fence Sidewalk LS 1 $ 7,500.00 $ LF 1540 $ 5.00 $ LF - 755-$ 10.00 $ Subtotal -$ ,,Amount 10,000.00 1,600.00 1,000.00 200.00 250.00 250.00 2,800.00 1,500.00 6,000.00 1,250.00 400.00 32,850.00 7,500.00 25,830~00 1,000.00 90.00 35,000.00 59,420.00 7.500.00 7,700,00 7~550.00 22,750.00 Publix - Indian River Estimate of Required SubdiVision Improvements ~3escriDtion .Off-Site :- US. 1 .l~m_gr_o.v~ements 1. Earthwork- US 1 Maint of Traffic Mobilization Clear & Grub Grading Backfill Exist Ditch Unit LS LS AC AC LF _Qty I Unit Pric. e. ~ $ 3,500.00 1 $ 2,500.00 0.38 $ 3,000.00 0.38 $ 4,000.00 430 $ 2.00 Subtotal Amoum 2, Ro_a~.,w, av/,Ric~ht,,ofvW__a~_2_,U,S 1 Saw-Cut Exist Pavment Remove Exist Shoulder & Base Const. New Roadway 14" Limerock Base 2" Type S-1 Asphalt ' 1" Type FO-3 Const. New Shoulder 6" Limerock Base '1" 71',ype S~1. Asphalt Const. New '"rum-Out" 1" Type S-1 Asphalt 6" Lirnerock Base 12" Stabilizec~ 'Striping 6" Double Yellow Then-no 18" Yellow Thermo 24" White Thermo 6" Skip White Thermo 6" White Therrno Bike Path Symbol White Turn Arrow Relocate Exist Traffic Box Sod Const. R6-1 R One Way Sign LF SY SY SY SY SY SY SY SY SY LF LF LF LF LF EA EA EA SY EA 517 $ 0.50 $ 23~' $ 6.00 $ 805 $ 9.00 $ 805 $ 5.00 $ 805 $ 3.00 $ 266 $ 6.00 $ 213 $ 3.00 $ 32' $ 3.00 ' $ 32 $ 6.00 '$ 32 $ 2.75 $ $ 3,500.00 $ 2,500.00 $ 1,140.00 $ 1,520.00 $ 860.00 $ 9,520.00 258.50 1,380.00 7.245.00 4,025. OO 2,415.00 1,596.00 639.00 96.00 192. O0 88.00 ~5 $ 1.00- $ 55.00 28 $ 2.00 $ 56.00 25 $ 3.00 $ 75.00. 410 $ 1.00 $ 410.00 885 $ 1.00 $ 885.00 3 $ 50.00$ 150.00 3 $ 75.00$ 225.00 1 $ 500.00 $ 500.00 435 $ 1.50 $ 652.50 I $ 200.00 $ 200.00 Subtotal $ 21,143.00 3. Drainaae- US 1 Remove Exist M.E.S. Remove Exist 18" RCP .Type C Inlet 14 x 23 RCP Mitered End Section .Drainage Manhole Backfill at Exist'ERCP Off-S!t_e -:, ,B,.p, rber st.re, et Barber Street Turn Lane EA LF EA LF -EA EA LS LS 1 $ 50.00 40 $ 4,00 2 $ 1,500.00 416 $ 30.00 I $ 250.00 I $ 2,000.00 1 $ 300.00 Subtotal · US 1 Total I $ 35,000.00 SubtOtal 4 $ 50.00 $ 160.00 $ 3,000.00 $ 12,480:00 $ 250.00 $ 2,000.00 $ 300.00 $ 18.240.00 $ 48,903.00 $ 35.000.00. $ 35,000.00 I I I I I I I I I i I I i i I I I I I SEBASTIAN POM'CE .DEPARTMENT 1201 Main Street Sebastian, Florida 32958 Telephone 561/589-5233 FAX 561/589-2207 (24 hr) - FAX 561/388-1872 (Admin.) SUBJECT: Ordinance O-00.14 Amending Section 110-44 of the Ordinance Code .a41enda No. : (~O, /~.,_,~ Approved ~/ ~'~ Oepartmont :~'ig~n ': Police Date Submitted : 513112000 For Agenda of : 6114/2000 F_~ibi~: Cop~ of l~'opos~ Ordinanoe O-,O0- t4 Expenditure ~uimd: None Amount Budgeted: Appropfleflon Re~lUimd: None I None SUMMARY STATEMENT Section 110-44 of Sebastian's current Code of Ordinances provides that "No boat shall moor or fie up to any municioal docks or fishin~ piers-owned by the city exceedinci, a 12 hour limit, within a 96 hour period." Today, with: the ever increasing use. of and. demands on:the:City's boat: mmps~ docks endpiers, the time pedods set by the current ordinance are too long. Because boats may be left for such long periods of time, they unduly limit and reduce the docking space available for the many boaters who use these facitities~ especiai~ on hotidays arid weekends when the compe~on for t~ese spaces is especially intense. The new time limits in proposed Ordinance O-00-14, of up to one (1) hour mooring time within any twenty-four (24) hour period, are intended to reduce the congestion at the City's boat ramps, docks and piers, thereby making these facilities more accessible and available for more of the many citizens and visitors who use them. P~F_.CO~ ACTION Conduct Public Hearing and move to approve ordinance O-00-14. ORDINANCE NO. O-00-14 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, · FLORIDA, AMENDING SECTION 11.0-44, PERIOD OP MOORING TO MUNICIPAL DOCKS AND PIERS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS; the Chief of Police of the City of Sebastian, for better enfomement ability, has recommended that the time of boat mooring to municipal docks and piers be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CiTY COUNCIL OF THE CITY OF SEBASTIAN, iNDiAN RIVER COUNTY, FLORIDA, as follows: · ~ectioo .1. That Section 110-44 of the Code of Ordinances of the City of Sebastian, Florida is hereby amended to read as follows: Sec. 110-44. Period of mooring to municipal docks and piers. No boat shall moor or tie up to any municipal docks or fishing piers owned by the city exceeding a one (1)hour limit, within a twenty-four (24) hour period. Section 2~ CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and Sectioq 4. EFFECTIVE DATE. This Ordinance shall take effect upon adoption. The foregoing Ordinance was moved for ado-3tion by Councilmember · The motion was seconded by Councilmember the vote was as follows: and, upon being put to a vote, Mayor Walter Barnes Vice Mayor Ben A. Bishop Councilmember Joe Barczyk Councilmember James Hill Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Ordinance duly passed and adopted this day of ., 2000. CITY OF SEBASTIAN, FLORIDA A'FI'EST: Walter Barnes, Mayor Kathryn M. O'Halloran, MMC City Clerk Approved as to form and legality for reliance by the City .of Sebastian only: Rich Stringer, City Attorney I City of Sebastian, Florida I Subject: Revised Land Development Code Agenda No. ~)O, t~q" Approved for Submittal by: Date Submitted' June 06, 2000 For Agenda of: June.14, 2000 Exhibits: Ordinance No. O-00-15 and revised pages from the Land Development Code. EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: REQUIRED: Department Origin: Grow~ Management SUMMARY As you are well aware, the City staffhas been performing an extensive review and reWrite of the Land Development Code (LDC) in compliance with the already adopted Comprehensive Plan'Updates. The LDC is comprised of 22 Articles, including a new County Road 512 Performance Overlay District. The Plann/ng and Zoning Commission, sitting as the Local Planning Agency, held a series of 17 workshop meetings in' order to assist staff in revising the Land Development Code. On Thursday, March 16, 2000, the Planning and Zoning Commission held a public hearing and recommended approval of the rewritten Land Development Code. Subsequently the City Council held two workshop meetings, in which certain changes and recommendations were made. In addition, a first reading and public hearing was held on May 24, 2000 in which some changes were recommended and have been included within the following pages for your information. It isn't often that we have an opportunity to completely restructure the Land Development Code of the City and we realize this is a great oppommity to greatly improve the LDC. Thank you for your understanding and assistance in participating in the formulation of a document that will go a long way in shaping the City's future. RECOMM]~NDED ACTION Hold second public hearing and reading and move to adopt Ordinance No. 0-00-15 as amended by the City Council on May 24, 2000. I ! ORDINANCE NO. O-00-15 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REWRITING CITY CODE CHAPTER 20A, TH~ LAND DEVELOPMENT CODE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Florida Statutes every municipality is required to adopt land development regulations consistent with and in implementation of comprehensive Growth Management Plan updates very five years; and Wlt'EREAS, the City of Sebastian adopted such updates to its Comprehensive Plan in January 1999; and WHEREAS, the City Council has determined that the required adoption of such land development regulations is an opportune time to revise the Land Development Code; and WHEREAS, the City Council upon due public hearing has considered the proposed revised Land Development Code and found it to be in the best interest of the citizens of Sebastian; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That Chapter 20A, The Land Development Code, referenced as Chapter 54 of the Code of Ordinances of the City of Sebastian, is hereby supplanted, mended, and revised as to read as set forth in Exhibit "A" attached hereto. Section 2. CONFLICT. All o~dinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. SEVERABiLrrY. In the evem a court of competent jurisdiction shall determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it sha l be presumed that the City Council did not intend to enact such invalid or unconstitutional 15rovision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. 1 Section 4. EFFECTIVE DATE. This Ordinance shall take effect following its adoption by the City Council, however, all acfivb applications for matters regulated under the previous Land Development Code pending a~ of May 24, .2000, shall be processed to / completion in accordance with the pre-existing laad development regulation provisions. The foregoing Ordinance was moved for adoption The motion was seconded by Councilmember and, upon being put to a vote, the vote was as fo'lows: by Councilmember Mayor Walter Barnes Vice-Mayor Ben A. Bishop Councilmember Joe Barczyk Councilmember James Hill Councilmember Edward J. Mai ;r, Jr. '2 The Mayor thereupon declared this Ordinance duly passed and adopted this 14th day of June, 2000. ATTEST: CITY OF SEBASTIAN, FLOKI])A Kathryn M. O~mlloran, MMC/AAE City Clerk By: Mayor Walter Barnes Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney 3 Chapter II: District and General Regulations Article V: Zoning District Regulations C. CONDITIONAL USES Foster Care/Group Homes with >6 Kesidents Model Homes Child Care Services Schools, Public or Private Churches Utilities, Public and Private Parks and Recreation, Public Protection and Emergency Services, Public Accessory Uses to Conditional Uses D. DIMENSIONAL .REGULATIONS Maximum Density: One dwelling unit per 10,000 square feet Maximum Height: 25 feet, except as nc Lot Coverage and Open Space: Maximum Building Coverage: 30% ,ted in subparagraph 8,below. Minimum Open Space: 50% Maximum Impervious Surface: 55% 4. Lot Dimensions: Minimum Lot Size: Minimum Lot Width: Minimum Lot Depth: Minimum Setbacks: Front Setbacks Side Setbacks: Rear Setbacks: Minimum Living Area: 9.500 square feet 80 feet 100 feet ! _ All development r~ust cOmply with requirements for setbacks from wetlands and open Waters established in Section 54-3-11. I(C). 25 feet. 10 feet 20 feet The minimum floor area required, exclnsive of porches, terraces, attached garages, carports or other unenclosed areas, shall be nine hundred (900) square feet. Required Accessory Structure: Every singl~ family dwelling unit shall be required to provide a garage or c~rport. If a carport or similar unenclosed vehicle storage structure is provided then each unit within the principal structure shall contain a fully enclosed utility storage area of at least sixty (60) square feet which shall be designed as an integral part of the principal structure. If a fully enclosed garage is provided, then no utility structure shall be mandated. The garage or carport shall have a minimum interior clear dimension often (10) feet by twenty (20) feet. ~l..and Development Code x.~/6/6/2000 3:48 PM Page V-6 City of Sebastian Chapter II: District and General Regulations Article V: Zoning District Regulations 8. Extended Height: A dwelling will be allowed to build up to 35 feet in height if the following conditions are all met: a. The dwelling must be.placed on one or more platted 10ts having a total area in excess of 1Z500 square feet: b. A maximum of two floors of living area shall be allowed; c. Additional setbacks of one foot for each foot of height over 25 feet shall be required from the front and side lot lines: d. Roofs shall have a slope of no less than 5:12; e. No variances shall be allowed from the restrictions of the subparagraph 8. SUBSECTION 54-2-5.2.4: MEDIUM DENSITY MULTIPLE FAMILY RESIDENTIAL (RM-8) INTENT. The RM-8 district.is established to implement comprehensive plan policies for managing primarily duplex and multiple family developments on land designated for medium density residential development. B. USES PERMITTED Single Family Dwellings Duplex Dwellings Multi-family Dwellings Foster Care/Group Homes with <6 Residents Home Occupations Accessory Residential Uses C. CONDITIONAL USES Foster Care/Group Homes w/th > 6 Residents Child Care Services Cultural or Civic Facilities Schools, Public or Private Golf Courses and Support Facilities Model Homes Bed and Breakfast Nursing Homes Churches · Utilities, Public and Private Parks and Recreation, Public Protection and Emergency Services, Public Golf Courses and Support Facilites Accessory Uses to Conditional Uses D. ' 'DIMENSIONAL REGULATIONS 1. Maximum Density: Shall not exceed eight (8) units per acre. 2. Maximum Height: 35 feet (25 feet for properties East of Indian River Drive), 3. Lot Coverage and Open Space: Maximum Building Coverage: 40% Maximum Impervious Surface: 50% Minimum Open Space: 55% Land Development Code 6/6/2000 3:4.8 PM Page V-7 City of Sebastian Chapter II: Districts and General Regulations Article VII: General Regulations Lots with a Building Having More than One Unit. If a building, which has a single street address, has more than one residential unit, commercial unit or indt~strial unit, each such unit shall be assigned a separate number and each separate unit shall display its own unit number on or directly next to its main entrance for that unit. Each unit number shall be not less than five (5) inches in height. The requ/rements of this paragraph are in addition to the requirements set forth in Section 54-2-7.21(E). sEcTIoN 54-2-7.21. HOME OCCUPATIONAL LICENSES A. Authorizations. Home occupations are permitted in any dwelling unit subject to the following provisions. Provisional Criteria. Home occupations shall be permitted uses, subject to the requirements of this section and the respective zoning district are continuously met commencing with the date the application for approval of same is approved: 1. All activities pertaining to the home occu-~afion that are to be performed at the dwelling (the "premises") shall be carried on entirely within the dwelling located on the premises and only by members of the family permanently residing therein. No person, other than the members of the family permanently residing in the dwelling on the premises, shall engage in any activities in furtherance of the home occupation at the premises. No persons shall be employed by the owner of the business seeking approval of the home occupation (other than as an address of convenience) except individuals who are members of the family permanently residing in the dwelling located on the premises where thc home occupation is to be situate. No more than one (1) commercial vehicle shall be kept or parked at the premises in connection with such home occupation, and any such vehicle shall not exceed twenty-three (23)feet in length and nine (9) feet in height. The parking or storage of commercial trailers and the storage of commercial boats shall be done in compliance with the provisions of Section 54-3-10.2 of the Land Development Code. Materials or equipment associated with the home occupation may be stored within an enclosed compartment of the commercial vehicle or trailer. The use of the premises, including the (_welling, for the home occupation shall be clearly incidental and subordinate to its use for residential purposes. The use of the premises for the home occupation shall not change the residential use thereof. There shall be no change in the outside K3pearance of any structure located on the premises. There shall be no evidence of the conduct of the home occupation visible from the exterior of the dwelling or other structures located on the premises. Furthermore, there shall be no display that will indicate, from the exterior of the dwelling or any other structure, that the premises are being utilized for any purpose other than as a residence. Provided, however, that this provision shall not preclude the utilization of any sign or signs required to be placed on the premises under a provision of Florida Statutes then in effect, but any such sign shall be non-illuminated and shall be mounted flat against the door or wall of the principal dwelling at a position not more than two (2) feet from the main entraflce of the dwelling. No activities pertaining to the home occupation shall be conducted in any accessory building or garage or anywhere outside of the principal dwelling. Such prohibited activity shall include, but are not limited to, the storage of any materials, inventory, equipment or supplies. 5. No home occupation shall occupy more than twenty (20) percent of the fast floor area of the dwelling constituting the principal residence exclusive of the area of any open porch or attached garage or any other space not suited or intended for occupancy as living quarters. All storage of materials, supplies and inventory at the premises related to the home occupation shall be located . within the area of such twenty (20) percent, and such storage shall not comprise an area ~/Land Development Code Page VII-g5 City of Sebastian 6?6/2000 3:51 PM Chapter H: Districts and General Regulations Article VII: General Regulations Application and Fees. Any person desiring to establish a home occupation, as authorized herein, shall submit an application for a home occupation permit to the Growth Management Department. The application shall be on a form provided by the Growth Management Department and shall include all information required for a complete application. All such applications shall also be accompanied by a fee, as established by the City Council. Applications shall be approved, approved with conditions, or denied by the Growth Management Director. No home occupation shall be approved when the applicant desiring approval has been determined to be in violation of a provision of the Code of Ordinances of the City of Sebastian, including any provision contained in the Laud Development Code, unless approval of the home occupational license will result in the applicant becoming in compliance and no longer in violation of any provision of the .Code of Ordinauces of the City of Sebastian, including the Land Development Code, with respect to the premises. Any home occupation permit granted pursuant to this section may be revoked by the Growth Management Director upon the failure of the applicant to continuously comply with all provisions of this subsection and all of the provisions of the Land Development Code applicable to conditional uses, generally, or to continuously comply with all conditions of any license or permit issued by the State of Florida or the Federal Government, including any .agency, deparanent or bureau thereof. Appeal of Growth Management Director Decisions. Any applicant for the home occupation permit may tile an appeal to the Planning and Zoning Commission to review the action of the Growth Management Director in failing to approve such application or in revoking aug home occupational permit, which appeal shall be in writing and filed with the Growth Management Department within ten (10) days from the date of final actions of the Growth Management Director. The Growth Mauagement Director .shall_place the matter of appeal on the Planning and Zoning Commission agenda as expeditiousl~ as possible. The Planning and Zoning Commission shall thereupon set a date for a public hearing with re.g_ard to such appeal. After giving public notice thereof in such a manner, as the Planning and Zoning Commission shall prescribe, at which time all interested parties shall have the right to appear before the Planning and Zoning Commission in regard thereto, the Planning and Zoning Commission shall render its decision therein. The decision of the Planning and Zoning Commission shall be final unless otherwise appealed b3r the aggrieved part~ to the Ci~ Council,_within thirty (30) days of the final decision of the Planning and Zoning Commission. Termination. Whenever a home occupational permit shall have been granted, it shall not be considered to run with the land. In the event the applicant receiving the grant of a home occupation permit no longer maintains his or her principal residence at the principal dwelling located on the premises, the home occupational permit shall automatically terminate. The applicant shall notify the community development deparunent, in writing, in the event the applicant no longer maintains his or her residence at the principal dwelling located on the premises. Land Development Code 6/6/2000 5:12 PM Page VII-27 Cie of Sebastian Chapter 1II: P~forrmmce Criteria Article XIV: Tree Protection and Landsmping SECTION 54-3-14.4 MANGROVES. Mangroves shall not be removed except as provided herein. Mangroves may be pruned provided that the pruning does not result in the death or decline of the mangrove and is in compliance with state law. A permit may be issued for the removal of a mangrove to provide access to a dock or pier when there are no practical or permitable alternatives. SECTION 54-3-14.5 PROItlBITED AND LrNDES~,ABLE EXOTIC VEGETATION. All prohibited and undesirable exotic vegetation must be removed by the developer or property owner at the time of clearing, construction or redevelopment. Prohibited and undesirable exotic vegetation shall not be used to meet the tree or landscape requirements of the Land Development Code. Prohibited and undesirable exotic vegetation may be removed without a permit after receiving verification from the Building Director. Under no circumstances shall any of the following five (5) tree species be deliberately introduced into the city and planted on public or private property. Any such action shall be deemed a violation of this article and shall be cause for assessment of penalty and damages for subsequent removal against said violator. 1. Ear Tree (Fmterolobium Cyclocarpum); 2. Chinaberry 0Vlelia Azedarch); 3. Australian Pine (Casuarina SPP); / 4. Punk Tree or Cajeput Tree 0Vlaleleuca Auinquerner~ia or. Maleleuca Leuadend~on); 5. Brazilian Pepper (Schinus Terebinthifohus). SECTION 54-3-14.6 RESIDENTIAL LA1NDSCAPi/~ REQUIREMENTS. areas of residential lots not covered by a building oI impervious surface shall be grassed, sodded, or · seeded except for landscaped areas including' protected eXiSting natural vegetation. Landscaped areas shall be mulched or planted with a ground cover~to prevent $oil erosion. Water bodies such as lakes, ponds, wetlands, or Waterways are exempt from this requirement. (mend landscaping requirements to require minimum square footage of shrubbery based on a formula to be J_P_ZP.l~osed at__~second, reading, to be completed within 6 months of receiving the certificate of occupane, e. gy. SECTION 54-3-14.7 A. Required Trees RESIDENTIAL TREE REQI[ All residential lots shall have the followh Lot Size (Sq. Ft.) Minimum Numl IltEMENTS. tg minimum number of trees: ,er of Trees less than 10,000 10,000 to 15,999 16,000 to 19,999 20,000 to 29,999 30,000 to 39,999 40,000 or more five trees (three native) seven trees (four native) twelve trees (six native) fifteen trees (eight native) eighteen trees (nine native) twenty trees (ten native) Lmnd Development Code 6/6/2000 4:35 PM Page ~IV-3 City of Sebast/an City of Sebastian, Florida Subject: Preliminary Development Plan/Site Plan for the Sebastian Charter Junior High School Agenda No. Z)("),/~/' Department Origin: CFrowth Management Tracy E. Has~ ~ Date Submitted: June 7, 2000 For Agenda of: Sune 14, 2000 Exhibits: Exhibits: R-00-32, Application, SlaffReport, P&Z minutes, Preliminary Plat/site plan and Location Map EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: None REQUIRED: None None SUMMARY Ken Moskowitz, on behalf of the Sebastian Charter Junior High School, has filed for preliminary development plan/site plan review for the proposed development of a charter junior high school to be located on a 2.15-acre tract within Chesser's Gap PUD. The proposed development for the subject parcel is for construction of a 6,054 SF six-classroom modular building for phase one and a 2,193 SF modular building for phase two, together with associated parking, water and sewer service, drainage, and landscaping. Access to the site will be accomplished via a two-way drive located off Wave Street connecting to Fleming Street. Proposed water and wastewater service to the site will be accomplished via a tie-in to the existing Chesser's Gap master stormwater system as approved by SJRWMD. The site contains 2.15 acres, or 93,833 SF of total land area. Of which, 8,246 (8.8%) is building area, 19,798 SF (21.1%) is impervious surface and 74,035 SF (78.9%) is open area. The Planning and Zoning Commission at their regular meeting on Thursday June 1, 2000 unaniraously approved the Charter School preliminary development plan/site plan and conditional use permit application with the following conditions: Applicant shall install a sidewalk within the Wave Street right-of-way across the subject site and adjoining property to the North and connect to Fleming Street at such time as the Fleming Street sidewalk is constructed to Wave Street. Existing 50' buffer shall be maintained to the maximum extent possible using best management practices to insure protection and promote sun4val of existing vegetation and protect surface water quality and drainage. RECOMMENDED ACTION Hold a public hearing and approve Resolution R-00-32 for the Sebastian Charter Junior High School Preliminary Development Plan/Site Plan. RESOLUTION NO. R-00-32 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING A SITE PLAN AND PRELIMINARY PLAT FOR ~ SEBASTIAN CHARTER JUNIOR gilGH SCHOOL WITHIN Clq-ESSER'S GAP PUD; PROVIDING FOR CONFLICTS KEREWITH; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City has received an application for site plan and preliminary plat approval for the proposed Sebastian Charter Junior High School; and WHEREAS, the site lies within the approved Chesser's Gap Planned Unit Development located at the intersection of Fleming Street and C.K.. 512; and WHEREAS, on June 1, 2000, the Planning and Zoning Commission recommended approval of the site plan and preliminary plat application with five conditions, three of which have been satisfied; NOW~ THlgREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. SITE PLAN AND PRELIMINARY PLAT APPROVAL. The City Council of the City of Sebastian does hereby approve the site plan and preliminary plat within the Chesser's Gap Planned Unit for the Sebastian Charter Junior High School as prepared by Mosby and Associates and maintained on file with the Growth Management Department, subject to the two conditions attached hereto as Exhibit "A". Section 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. adoption. EFFECTIVE DATE. This resolution shall take effect mediately upon its The foregoing Resolution was moved for adoption by Councilrnember The motion was seconded by Councilmember vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ben A. Bishop Councilmember Joe Barczyk Coundtmember James Hill Councilmember Edward J. Majcher, Jr. and, upon being put into a The Mayor thereupon declared this Resolution duly passed and adopted this 14th day of June, 2000. ~ITY OF SEBASTIAN, FLOR]DA By: · Mayor Walter Barnes ATTEST: Katlu3m M. O~alloran, CMC/AAE City Clerk Approved as to form and legality for reliance by 'the City of Sebastian only: 2rich Stringer, City Attorney Exl'fibit A: Resolution No. R~00-32 Conditions of Approval for Sebastian Charter Junior High School Applicant shall install a sidewalk within the Wave Street fight-of-way across the subject site and adjoining property to the North and connect to Fleming Street at such t/me as the Fleming Street sidewalk is constructed to Wave Street. Existing 50' buffer shall be maintained to the maximum extent possible using best management practices to insure protection and promote survival of existing vegetation and protect surface water quality and drainage. . . .' pem~.App4icati~ No. ~ City of Sebastian . ~~ 'Development Order Appli~fion P~ne Numar:(561) :7: 589- ~99 F~Num~c ( 561 )589 - 9~86 ~: 9..0. ~Ox 780068 Se~as~i~, ~ 32958 ' _ C~esser s Gap ~ ~: Vacant , P~ O~: School ' ' ~~)." Construction Df 150 s~dent ~max. J junior hiqh schgol D. ~'mject Personrml: Agent: Mosby & Associates, Name: Mr. Randy L. Mosby, 2455 14th Avenue Phone NumUer. (561) 569 -0035 I r~ I I I I i I F I I Rm~-n~t Apolication No. Inc. P'.E. Veto Beach, FL 32960 FAXNumbe~. ~61 )778 -3617 .A~:on*my: Name: Phone Numlo~.. ( E-Mait FAJK Number. EJ~gjnee~..Mosby & Assocait~.s, T_n~ Name: 24.55 14th Avenue Vero Beach, PhoneNumDer. (561) 569 - 003'5 FL 32960 FAX Numbec. ( 561 ) 77~8-'361 7 Fowler Land ScLrv~yipq Mr. James Fowler A~ess 929 7th Avenue Vero Pho~Numbe~,(561) 562- 4~44 Beach, FL 32960 FAX Numbec 661-)562-0963 NozAm~s $~.d~TU~E PRINTED'I~d~E OF NOTARY JOAN c. 8ARCUS The following is requited for all comprehensive plan amendmem~ zolelng amemlment THE CrrY P~OPER'rY ~N CON~EC"noN wrm uY./Ou~ [/¥VE HEREBY WAIVE ANY OB;JEGTION OR DE.FE]~,E ]JW~ MAY' .HAVE, DU]~ TO THE. QUASh.JUDICIAL ]~TUR~[ OF .THE PROCEEdiNGS, RE$ULT'ING FROM ANY' ~DAR~/C~Obgdle-e-e-e-S,S~N MFJ~B~R ENTERJNG Q'R V~"W~,HG THE PROPERTY, INCLUDING ANY 'CLAIM OR ASSERTION THAT MY/OUR PROCI~)URAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE. UNITED ~T'ATES CQNb-~TITU'I'IQ~I W~,E V~OLATE~ BY -~UCH ENTERING OR VIEWING. wh~ is ~m0nafiy ~ !LG.me or pflx~_uced as ictentific, etion, mis ~ ¢a¥ of ~,~../~ , ~ Printed Name of Notary _ , ' Seal: t R~m Supplemental Information Site Plan Approval Xl. Site size in acres or square foot: Area of impervious surface in square foot ~ 3. A~ of previous su~Pace in square foot x 4. Attached the following: I I- I i I I I i x a. Six copies site plan with lot configuration, finished ground floor e~evations, comoum and designating number of dwelling un~, anti setbacks to scale indicating compliance with regulations. (Two sets n'rust be sealed;) A scaled drawing of the sides, front and rear of the buftding ~ structure, generalized floor plan indicating uses and square footage of each · proposed use wi~ each building er stn. ml~m, 'building exterior construction matefiaJ and Color, and building height. c. A sul~ace ~ drainage fa~ities plan ~d. by an a~chMct registered in .the State Of Rodda. no .A land ~urve~ with complete legal description prepared and cerlff't,d by a registered surveyor. .A i~c impact analysis, if raquir~. x f. An em$ion/s~iimentafion control plan. A copy of the landscape plan ta meet the requirements of Articte XIII. Landscape Regu~ and Arl~e XiV. Tree Protection of the Land Devetol3ment Code. x h. A verified statement shewing each and every individual,person having a · legal and/or equital~ ownershil3" interest in the sul3ect property except i c=moratton and princi~al executive officers wi, be sufficient, I I [;eV~'~:~0~2' 1F~en~,~e:,s;s~.~ pubtic~y held Corporations whose stock is traded on a nationally · recognized s133ck exchange, in which case' the name and address ot the × 5. N/._..~ L A list of the names and addresses of all owners of parcels of real property ~ three hundred (300) feet of the pame~'to be considered. The following infom~tion is required on all site plans:, ? .a. Locate on the site plan and describe the character of alt outside facilities for waste disposal, storage areas, or display. × b. Locate on ~ site plan and st,ow the dimensions of alt curb cuts and driveways,, intruding the number of spaces with their location and dimension, details of off-street .3arkJng and loading areas, all off-sb-eet vehicular surfaces available for maneuvering, surface materials, number of employees and number and type of vehicles c~med by the establishment Any :ombine~l off-street parking facilities shall be subm~ with an agreement specif~ng the nature of the arrangement, its.ar~¢ipatecl ~uration, and signatures of al~ ¢onoa~ed property owners. ~ c. Locate on the site plan all pedestrian, walks, and .height or orientation of all-.signs. × 'd. Lex;ate on the site plan and describe the character of landscaped areas and/or recreation areas. Locate on th'e.site plan and describe the design and c~latacter of all public, semi-put31ic, or private utilities such as water and wastewa~ disposal facilities, underground or overhead electric lines, gas transmis~on lines, or oth~ ~ facilities or services. ?__ f. Locate.on .the site plan and desc~be ~ height and ge~,aaml character of perimeter or ornamental walLs, fences, landscaping, including ben-ns and other requked' screening devices, and .any other plans for protecting ~ g. Locate on the t, ite plan existing easements and dgllts-of-way. Permit Application No. City of Sebastian DeveloPment OrderAppli cation -Applicant (If not'owner, written authorization (notarized) from owner is required) Name: · MR. Ken Moskowitz · Address: _ . 805 SR 512, Suite 3 ~ebastzan, FL 32958 PhoneNumber.(b61) 589 -2299 FAXNumbe~. (561) 589- 9486 E-Mail: · Owner (If different from applicant) Name- D ' ' ' r. Henry Fischer · · Sebastian General Partnership Address: P.O. Box 7800'68 Sebastian, FL 3295-8 Phone.Number:(561) 589 -3159 FAXNumber. ( 561 )'589 - 7731 E-Mail: ' , · Type of permit or action requested: Preliminary Plat PLEASE COMPLETE ONLY .THOSE sEcTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. ETC. SHALL BE A~-I'ACHED AND 81/2" BY 11" COPIES COPIES OF ALL MAPS, SURVEYS, DRAWINGS, OF ANY A'I-i'ACHMENTS SHALL BE INCLUDED. A"I-I'ACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project's Name (if applicable): ' · · · ' Chesser's Gap Charter School B. Site Information Address' ' · ' ' z-±eming~' .St. & Wave St. · Lot: Block: Unit: Subdivision: Chesser' s Gap Indian River.County Parcel #: ' Zoning Classification: PUD (C) - Future Land Use: Planned Commercial Devel, Existing Use: Vacant Proposed Use: School C. · Description of proposed, activity.and purpose of the requested permit or action (attach extra sheets if necessary): Construction of 150 student f~%aX~ ) j~ni ~ high ~_h~l DATE RECEIVED: ~'- / ] ./~__ FEE PAID: $ RECEIVED Y: ~'~ r Form CD~2001 I Pager of 3 LDevel°pment Application [ Approved: 08727/9T I Revision: |File Name: Dca D. Project Personnel: ANent: RandY L. Mosby, P.E. Name: Mosby'& Associates, Znc. Address 2455 14th Avenue Veto PhoneNumbe~.(561) 569 0035 E-Maik Attorney: N/A Name: Address Beach, FL 32960 FAX Number. (561 Permit Application NB. ) 778 '3617 Phone Number. E-Mail: FAX Number. ( ) Engineer: Randy L. Mosby, P .E. Name: Mosby & Associates, Inc. Address 2455 14th Avenue Vero Phone Number.(561) 569 - 0035 Bea;~ FL 32960 Number. (561. E-Mail: ) 778 '361 7 Su~eyor: James Fowl~= Name: Fowler Land Surveying Address 929 7th Avenue Veto Beach, FL 32960 PhoneNumbec.(561) 562 4744 FAkNumbe~. (561) 562-0963 E-Mail: I, Ken Moskowi~Z , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: I AM THE OWNER ... I AM THE LEGAL REPRESEb4TATIVE OF THE OWNER OF THE PROPERTY 'DESCRIBED WHICH IS THE SUBJECT MATTER OF T~IS APPLICAI'~3'~.J~3~-HA;~ A[~L THE NFORMAT1ON, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE SWORN TO AND SU.SCR,.E~ aS~ORS WHO IS PERSONALLY KNOWN TO M[OR PRODUCED ^S.,DE.T,F,CAT, ON. TH,S__J__ DAY o~ NOTARY'S SIGNATURE PRINTED NAME OF NOTARY COMMISSION No.IEXmRAT~ON SEAL: Form CD-200f Approved: 08/27197 t Revision: Page 2 of 3 Development Application File Name: Dca I Permit Application No, I The following is required for all comprehensive plan amendments, zoning amendment (including rezoning), site plans, conditional use permits, special use permits, variances, i exceptions, appeals. and I/WE, THE OWNER(S) THE LEGAL REPRESENTATIVE OF THE OWNER .OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE.EACH AND EVERY MEMBER OF THE Planning & Zoning I F~OARD/COMMISSION OF THE CiTY OF SEBASTIAN (THE BOARD"~*COMMISSION*) TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPER'FY IN CONNECTION WITH MY/OUR PENDING APPLICATION. ' · I I/WE HEREBY WAIVE ANY OBJECTION. OR DEFENSE J/WE MAY HAVE, DUE TO THE QUASi-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY E~OARD/COMMISSION MEMBER ENTERING OR VIEWING' THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS .RIGHTS UNDER THE FLORIDA I CONSTITUTION O~ THE UNITED STA~$ CONSTITUTION WERE ViOLATED BY SUCH ENTERING OR VIEWING. //// , ! - Sworn to~/nd subscrib.ed before me by ~:;~/~..~ ~-/ ~. ,/~00~/t/' who is personally known to me or produced as identification, this i Notary's Signature Printed Name of Notary Commission No./Expiration Seal: IForm CD-200~ Approved: 08/27/g7 Revision: Pa~,e 3 of 3 Development Applica tion FTle Name: Doa FROM, . ,SEBASTI/IN_COMM.. . . , , 'DEV' S~1S89~S~ P. 1 ~ P~ App~icati~ No. ~ supplemen"l Inf°rmafl°n ', Prelimlna Plat Approval 1. The folloWing information ia required on all preliminary plats; :x a. A viCinity, sketch, showing the location of tiqe boundary lines and distance of'the land proposed .for the Subdivisi°n in reference to other areas of the city. . .. b.' A north arrow, graphic scale, and data If. preparation. I I I X The name of adjacent 'Subdivisions~ if any, and'~e p4at book and page reference, together with the .names o1' "the owners of records having . interest in. adjacent acreage. The names, alignment, and width, of all existing and proposed streets, .alleys, dghtr~of-way or.easements adjace~ to'or within three hundred '(300) feet of the proposed subdivision including name, right-of-way width, street or' pavement Width, and es-tablisr~cl' center, tine elevation. Existing streets shall be dimensioned to tra~ b~undary. All existing and propOsed property lineal easements and fights-of-way, their' purpose~ their effect on the i~roperty to be subdivided, and the proposed layout .of tots and blocks. Access' points to collector and artedal streets showing their compliance to access requirements, All. eXisting drainage facilities. · Existing and propoSed utilities suc~h as telephone, electricity, water, sewer, gas, 'etc. on'or adjacent to the tract. The preliminary plat shall contain a statement that all utilities are' available and have been coordinated With the required uflltties. ..x, I.. Site for proposed parks, recreational areas and schools. X J, The location of 'any temporary structures or permanent structures having a temporar>' use, If the proposed plat., borders upon any public wamr bodies, delinate the mean high water line. _~x I. Permanent reference makers shall be shown. I Pa~ef.of2 . tPrelimtnerYPlat I i I I I I I I r I I I I. I i I I i I I I I I Peri. it Appti~s~on N~. Attached the following: X a. Six copies of the preliminaG plat.. ('Two.sets must be .sealed.) .... b. The,name.i address' and telephone number of the mortgage holder or any other person having a legal· equitable or beneficial interest in the land 'together wifl3, a statement from such that. they will join .in the dedication of the proposed subdivision.. - .... c. A surface water 'drainage facJlifies plan certified by .an engineer .or architect registered in the ,State of Florida.- ' × d. A land survey with complete legal description prepared and certified by. a registered,surveyor. × e.. A traffic'impact analysis, if ~'equJred. ' X f. An erosion/sedimentation control planl A contour map shoWing ground elevations-at intervals of not mom than one. toot of the area to be subdivided and of a perimeter strip at least fifbj (50) feet and up to .one hundred and fifty (150) feet 'in' widt~ around, the x h..A 'Statement concerning required` ~table Water improvements, wastewater improvements or on-site wastewater disPosal data, ' A schedule for multiple phases,' if appropriate.. x , J.A. list of. tt~e names and' adciresse$ of alt owners of parcels'of real 'property wil~in three .hundred (300) feet of the parcel to be considerecL .: t RevisJon: Pege 2 o~ 2 ' I PraliminaO~ Plat File Name: $ipr~t Growth Management Department Site Plan Approval Application. Staff Report Project Name: Sebastian Charteri Junior High School Requested Action: Site Plan approvali for 150 student (max)junior high school ProJect Location a. Address: Fleming Street & Wave Street Project Owner: Project Agent: Project Engineer: Project Surveyor: Legal: See site plan Indian River County Parcel Number: Dr, Henry A. Fischer Sebastian Genera! Partnership 10725 U.S. 1 Sebastian, Florida i32958 ' (561) 589-5337 Same as below Mosby and Associ~tes 2455-14th Avenue~ Veto Beach, Florid~a 32960 (561) 569,0035 ' fax: (561) 773617 James A. Fowler Fowler Land Surveying 929-7~h Avenue Vero Beach, Florida 32960 (561) 562.4744 fax: (561) 562-0963 Project Description Narrative of proposed action: The applicant has filed for site plan review for the proposed development of a charter junior high school to be located on a 2.15-acre tract within Chesser's Gap PUD. The proposed development for the subject parcel is for construction of a 6,054 SF six-classroom modular building for phase one and a 2,193 SF modular building for phase two, together with associated parking, water and sewer service, drainage, and landscaping. Access to the site wil be accomplished via a two-way drive located off Wave Street connecting to Fleming Street. Proposed water and wastewater service to the site will be accomplished via a tie-in to the existing Chesser's Gap master stormwater system as approved by SJRWMD. The site contains 2.15 acres, or 93,833 SF of total land area. Of which, 8,246 (8.8%) is building area, 19,798 SF (21.1%)is impervious surface and 74,035 SF (78.9%)is open area. b. Current Zoning: c. Adjacent Properties PUD-C (underlying zoning is CG) Zoning North: PUD-C Vacant East: PUD-C Vacant South: RS-10 Residential West: PUD-C Vacant Site Characteristics (1) Total Acreage: (2) Current Land Use(s): (3) Soil: (4) Vegetation: (5) Flood Hazard: (6) Water Service: (7) Sanitary Sewer Service: (8) Parks: (9) Police/Fire: Comprehensive Plan Consistency a. Future Land Use: b. Traffic Circulation: c. Housing: d. Public Facilities: e. Coastal Management: f. Conservation: Current Land Use Future Land Use PUD-C PUD-C LD PUD-C 2.15 acres Vacant Myakka Cleared with some pines, palms Zone X Indian River County Utilities Indian River County Utilities Barber Street Sportsplex 1mile indian River Fire 1 mile Consistent Consistent Consistent Consistent Consistent Consistent 2 10. g. Recreation and Open Space: Consistent Contents of Site Plan: lot configuration: provided finished ground floor elevation provided = 24.00' contours and designating num ~er of dwelling units: N/A d. square footage of site: 43,523 SF e. building coverage: 8,246 SF 6,054 SF phase one, 2,192 SF phase two f. square footage of paved areas and open area: Paved 19,798 SF = 21.1% Open (Required 25%) 74,035 SF = 78.9% g. setbacks: According to section 20A-4.6(i)2 of the Land Development Code: In those cases where the property line does not abut and is not adjacent to residential development or residentially zoned land, the minimum setback shall be determined as part of the preliminary development plan review. No buildings shall be located within forty (40) feet of the outer boundary of the PUD districts excepting entryway security structures approved by the city council. Additionally, no main or accessory building of a school shall be located within one hundred (100) feet of any property line. The proposed building is one hundred and one (101) feet from all property lines. Therefore, the provided setbacks are in compliance with this regulation. scaled drawings of the side~, front and rear of the building or structure: provided generalized floor plan indicating uses and square footage of each proposed use within each buil¢ lng or structure: provided Building exterior construction building height: provided location and character of all storage areas, or display: pro~ 3 naterials and color: provided :~utside facilities for waste disposal, ,ided m. location and dimensions of all curb cuts and driveways: provided aa. number of spaces with their location and dimensions: provided Parking Required Phase I = Phase II 1 space/10 students (90 students) = 9 spaces 1 space/10 students (60 students) = 6 spaces Total Required Spaces 15 spaces Parking Provided = 15 spaces (14 standard, 1 Accessible) details of off-street parking and loading areas (including requirements of Sec 20A.8.1): provided - site plan incorporates a circular drive system for efficient traffic circulation and loading and unloading of students. all off-street vehicular surfaces available for maneuvering: provided surface materials: provided number of employees: not provided type of vehicles owned by the establishment: N/A If there isa combined off-street parking facility, required agreements: N/A 'Location of all pedestrian walks, malls, yards and open spaces: provided - a 5' wide by 152' long sidewalk is included between the parking area and building. size, character, and height or orientation of all signs: location, provided location provided location, utilities: and character of landscaped areas and recreation areas: design and character of all public, semi-public, or private provided location, height and general character of perimeter or ornamental . walls, fences, landscaping: provided surface water drainage facilities plan certified by an engineer or architect registered in the State of Florida: provided location of existing easements and right-of-way: provided 4 11. 12. 13. 14. 15. ab. Land survey with complete legal description prepared and certified by a registered surveyor: provided ac. Verified statement showing each and every individual person having a legal and/or equitable ownership interest in the subject property: provided Site location and character of use: provided Appearance site and structures: a. harmonious overall design: yes. b. location and screening of mechanical equipment, utility hardware and waste storage areas: yes commercial and buildings: yes industrial activities conducted in enclosed d. exterior lighting: provided Access, internal circulation, off-stree', parking and other traffic impacts: internal circulation system design a. considerations: provided b. separation of vehicular and pedestrian areas: Traffic impacts: provided and access/egress provided Name, address and phone num 3er of the owner and designer: provided North arrow, scale and date, minimum scale of one inch equals fifty (50) feet: provided Property lines, easements, and right-of-way with internal and property line dimensions: provided Location of existing or proposed utility service: provided Location and size of any existing or proposed structures: provided Location and size of any eXlsti earthen mounds, swales, walls 5 ~g or proposed site features, such as ind water areas: none proposed Open space and landscape (including the requirements of Sec. 20A-13.1 and Sec. 20A.14.1): I I i I I i I i I I I I I I I I i I i Location and size of any existing or proposed vehicular use area: provided Location and size of any existing or proposed sidewalks, curbs, and wheel stops: provided Location of sprinkler heads, hose bibs, or quick cupplers and other information on irrigation: provided Calculations of required type, dimensions and square footage of landscape materials and of required landscape areas, including: total site area, parking area, other vehicular use area, percentage of non- vehicular open Space, perimeter and interior landscape strips, and required number of trees: provided - Required Trees Trees Along North Property Trees Along South Property Trees Along Wave Street Trees Along West Property interior Landscaping NOS 1 Tree/50'(378') 1 Tree/35'(378') 1 Tree/35'(140') 1 Tree/50'(200') 10 SF/Space(15) 1 Tree/100SF (150) 1.Tree/3000SF(55,117) 7.5 (8) Trees 10.7(11 ) Trees 4 (4) Trees 4 (4) Trees 1.5 (2) Trees 18.4(19) Trees Total Trees Required Total Trees Provided 48 48 * Section 20A-10.2F of the Land Development Code requires nonresidential development within or abutting a residential district shall provide a fence or a wall or a combination of a berm and landscaping so as to provide a continuous ninety (90) percent opaque solid screen not less than five (5) feet in height to form a continuous screen along the abutting residential district. In addition, one (1) tree shall be provided for each thirty- five (35) lineal feet or fraction thereof of such landscape barrier. Existing vegetation within 50' buffer areas and 50' canal PJW to remain undisturbed. The existing vegetation in conjunction with the proposed trees along the south property line will satisfy the above requirements. Location of required landscape areas and dimensions: provided Location, name, height and siZe of all existing plant material to be retained: provided 6 16. 17. 18: 19: 2O: 21: 22: Location, size, height and description of all landscape material including name, quantity, quality, spacing, and specified size and specification of all plant materials: provided Total Trees Required = 48 Trees Total Trees Provided = 48 Trees Height, width, type, material and location of all barriers of nonliving material: provided Ow Location, dimensions and area of landscaping for freestanding signs: provided Show all landscaping, buildings,-or other improvements on adjacent line: pm property within five (5) feet of the common property provided i Required screening of abutting residential and nonresidential uses: not provided i * Section 20A-10.2F of the Land Development Code requires nonresidential development within or abutting a residential district shall provide a fence or a 'wall or a combination of a berm and landscaping so as to provide a continuous ninety (90) pement opaque solid screen not less than five (5) feet in height to form a continuous screen along the abutting residential district. In addition, one (1) tree shall be provided for each thirty- five (35) lineal feet or fraction thereof of such landscape barrier. Existing vegetation within 50" buffer areas and 50' canal R/W to remain undisturbed. The existing vegetation in conjunction with the proposed trees along the south property line will satisfy the above requirements. Flood prone land and wetland preseryation: no known areas or impacts Surface water management: The sitelis located within the existing Chesser's Gap PUD. Drainage for this parcel hasibeen approved the SJRWMD as part of the overall Chesser's Gap project, i The approved maximum percent of impervious area allowed for the existing lot is 80%. The proposed improvements for this lot will have a maximum impervious area of 21.1%. Available potable water: Indian River County Utilities Wastewater service: Indian River County Utilities / Soil erosion, sedimentation control a~d estuary protection: provided Additional considerations: All necessary precautions shall be exercised in order to minimize traffic impacts on surrounding neighborhood streets. Staff recommends a traffic pattern that will concentrate traffic from Wave to Fleming then onto CR-512. I I I I I I I I I I I I I I I I I i I 23, 24 25. 26. City Engineer's review: Other Matters: Within the PUD(C) zoning district, public and pdvate schools, excluding private business, technical and commercial schools, dancing and music academies, and public and private colleges and universities, will be allowed provided the following conditions as outlined in 20A-6.1(C) 21 are met: Sites shall be located near major thoroughfares so as to discourage traffic along local residential streets in residential subdivisions. Depending on the type of facility proposed,, the minimal spatial requirements for the site shall be similar to standards utilized by the Indian River County School Board and the State of Florida. No' main or accessory building should be located within one hundred (100) feet of any property line. The applicant shall demonstrate a program of systematic instruction reasonably conforming to customary standards for the respective forms of similar construction. The applicant shall submit a description of anticipated service area and projected enrollment, by stages if appropriate, and the same to a development plan explaining: am Area to be developed by construction phase: Adequacy of site to accommodate anticipated facilities enrollment, recreation areas, off-street parking and pedestrian and vehicular 'circulation on-site including loading, unloading and queuing of school bus traffic; and Screening: All side and rear yards shall be screened in accordance with the standards established in section 20A-10.2(F) of this ordinance. Analysis: The applicant has filed for site plan review for the proposed development of a charter junior high school to be located on a 2.15~acre tract within Chesser's Gap PUD. The proposed development for the subject parcel is for construction of a 6,054 SF six-classroom modular building for phase one and a 2,193 SF modular building for phase two, together with associated parking, water and sewer service, drainage, and landscaping. Access to the site will be accomplished via a two-way drive located off Wave Street connecting to Fleming Street. Proposed water and wastewater service to the site will be accomplished via a tie-in to the existing Chesser's Gap master stormwater system as approved by SJRWMD. The site contains 2.15 acres, or 93,833 SF of total land area. Of which, 8,246 (8.8%)is building area, 19,798 SF (21.1%) is impervious surface and 74,035 SF (78.9%)is open area. Conclusion: The proposed Charter Junior High School complies with the Land Development Code, Comprehensive Plan and Code of Ordinances. 27. PREP~ Recommendation: The Planning and Zoning Commission held a public hearing on June '1, 2000 and recommended approval of the subject site plan with conditions as outlined below. Additionally, staff has completed the review for the Sebastian Charter Junior High site plah and finds all applicable city regulations have been satisfied and staff recommends approval with the following conditions: Applicant shall install a sidew41k within the Wave Street right-of-way across the subject site and adjoining property to the North and connect to Fleming Street at such time as the Fleming Street sidewalk is constructed to Wave. Street. using best management practi survival of existing vegetation drainage. Existing 50' buffer shall be maintained to the maximum extent possible =es to insure protection and promote and protect surface water quality and CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING JUNE 1, 20O0 This meeting is being voice broadcast over Charter Communications Cable TV Channel 35, Vice Chairman Mather called the meeting to order at 7:04 p.m. The Pledge of Allegiance was said. ROLL CALL: PRESENT: Mr. O'Donhell Chmn. Schulke(late) VC Mather Mr. Smith(a) Mr. Mahoney Mr. Barrett Ms. Vesia Ms. Carbano(a) EXCUSED ABSENCE: Mr. Gerhold ALSO PRESENT: Tracy Hass, Growth Management Director Jan King, Growth Management Manager Rich Stringer, City Attorney Ann Brack, Recording Secretary ANNOUNCEMENTS: OLD BUSINESS: (Secretary's note: Since all issues surrounding the Sebastian Charter Junior High School were discussed at the same time, the three (3) motions for Site Plan, Preliminary Plat, and Conditional Use Permit were made under Old Business on the agenda.) MOTION by MathedBarrett I make a motion that we approve a conditional use permit with the six (6) conditions, first being the first three (3) as reco_m,,mended by staff, except number two (2), instead "existing maintained vegetation', fourth (4th) condition being "Sidewalk be put in when Fleming sidewalk is installed", fifth (5th) is that '% hedge be installed at the north side of the school", and sixth (6~h) that "Ten (10) parking spaces will be incorporated in phase II of the plan". Roll call: Ms. Vesia - yes Mr. Barrett - yes Mr. O'Donnell - yes Mr. Mahoney - yes VC Mather - yes Ms. Carbano(a) - yes Chron. Schulke - yes The vote was 7- O. Motion carded. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JUNE 1, 2000 MOTION by MatherNesia I make a motion to recommend to City Council approval of the preliminary plat for Sebastian Charter Junior High School located at Fleming Street and Wave Street in Sebastian Flodda. Roll call: '.Chmn, Schulke - yes Ms. Carbano(a) - yes VC Mather - yes .Mr. Mahoney - yes : Ms. Vesia - yes Mr. O'Donnell - yes Mr. Barrett - yes The vote was 7 - 0, Motion Carried. MOTION by Mather/Carbano(a) i make a motion we recommend to City Council that approval of the Sebastian Junior Charter High School site plan per sheets C-land C,2, Chessers Gap Charter School Paving and Drainage by Mosby & Associates. Roll call: Mr. Barrett - yes Ms. Vesia - yes Ms. Carbano(a) -yes VC Mather - yes The vote was 7 - 0. Motion carded. Chmn. Schulke - yes Mr. Mahoney - yes Mr. O'Donnell - yes City oi' Sebastian, Florida Subject: Florida League of Cities 74'~ Agenda No. Annual Conference Department Origin: City Manager Date Submitted: 06-01-00' ForAgenda off 06-14-00 Erdaibits: FLC Conference Tentative Program Overview EXPENDITURE REQUItlED: N/A AMOUNT BUDGETED: I APPROPRIATION N/A [ REQUIR D: SUMMARY This year the Floridi~ League of Cities will be holding its 74th Annual Conference in Ft. Lauderdale, begi~ing August 10 -12, 2000, at the Ft. Lauderdale/Broward Convention Center. This annual conference this year is filled with a variety of workshops, speakers and innovations, focusing on key issues and solutions to help elected officials. Therefore, if members of City Council are interested in attending, please contact Joanne Sandberg, City Clerk's Office for conference registration and housing information. RECOMMENDED ACTION Members of City Council consider attending the Florida League of Cities 74th Annual Conference, scheduled to be held August 10-12-2000, at the Ft. Lauderdale/Broward Convention Center, Ft. Lauderdale, FL. I The following is a tentative schedule of sessions/workshops that will be held during the Florida League of Cities' annual conference. Please note that this schedule is subject to change. An Iupdated list of activities will be included with each confirmation of registration. Frida, August 11th I Keynote Speaker; Patricia RusselI-McCIoud, Orator & Author There is one word which describes her best...unforgettablel And she's back by popular demandl Patricia R,,s~lI-McCloud mesmerized FLC conference a~tendees when She spoke five years agol A spellbinding professional orator identified as "one of the top five business motivators in America," her dynamic oratorical style of delivery has made her the speaker of choice for corporations and governments alike. Formerly a chief attorney for the Federal Communications Commission, RusselI-McCIoud is a masterful motivator whose strategies for ...... leadership and techniques for individual and organizational rSUCCeSS are indispensable. A visionary 'leader, Russell-McCIoud has developed a number of motivational tapes and literary works to inspire the leader in you. Her latest book, 'A Is far Altitude: An Alphabet for Living," is a "must have" gUide to living that provides practical solutions to bring out your bestl Powerful, Arti~=ulate, Motivational, Humorous-and UNFORGE'ITABLE...Don't miss Patricia RusselI-McCIoudl Featured Speaker: Martha W. Barnett, Partner, Holland & Knight, LLP President, American Bar Associalion Martha Barnett is at the top of her profession! A partner in the law firm of Holland & Knight, Barnett specializes in legislative issues pertaining to taxation and telecommunications. She Js also a noted lecturer and speaker and has been the governor's appointee to a number of commissions, most notably the most recent Constitution Revision Commission and Constitutional Taxation & Budget Reform Commission. Powerful and eloquent, Barnett leads a 400,000 plus member association as president of the American Bar Association. Come hear from one of the most brilliant legal minds Jn the countryl Saturday, August 12th Keynote Speaker: Keith Harrell, Author and Management Consultant Keith Harrell says, "Attitude is everything. The difference is you[" Maximize your difference by understanding the power of being empowered. Fortune 500 trainer and consultant Keith Harrell delivers powerful, hard-hitting techniques for enhancing and maximizing 'your performance so that you can, in turn, enhance your community. With more than 20 years of experience working with people, Harrell has developed the systems that increase human potential, help put attitude into action, and assist organizations and individuals to redefine excellence. He says that, "it does not matter what occupation or position you hold in life, your performance ultimately determines your success or failure.' Creator of the award- winning training series, "Putting Attitude into Action: The S.P. LR.I.T. af Excellence," Harrell will leave you ready to take action by providing you with the information you need to achieve success! Featured Speaker: Bob Knight, Mayor, City of Wichita, Kansas President, National League of Cities As NLC president, Bob I~ight is the chief spokesperson of the oldest and largest organization of municipal officials in the country-representing more than 1,575 cities and towns, and 49 state municipal associations that are members of the NLC. "As we begin the 21st century, our nation is enjoying widespread prosperity and a broad sense of ,C~ptimism about our future," says Knight. "At the same time, we must not Iose lsight of the inequities, deficiencies and vulnerabilities that still exist in our 'so~ciety.' In his address "Building Bridges-A Process to Heal Racism," President Knight offers .positive, constructive ideas for building racial harmony, good jk~bs, neighborhoods and schools and healthy families. Come hear .Wichita Mayor Bob Knight as jhe shares his vision for a brighter future and a better nation of cities. His thought-provoking comments will inspire youl Banquet Entertainment:. Davis Gaines This year's annual banquet will feature BrOadway and recording artist Davis Gaines, who has received critical acclaim i~man¥ areas of the performing arts. He is probably best known as "The Phantom of the O[oera,' having played the t~tJe role over 2,000 t~mes. He remains Br~adways bngest-runmng Phantom. He is also a proud native of Orlando, a Phil Beta Kappa graduate of the State University and the 1996 recipient of the John Young Award, presented by the Greater ©rlando Chamber of Commerce. Jn addition to his extensive credits in theater and on television, Gainesl has sung with virtually every major symPhony orchestra in North America, incl6ding appearances at Carnegie.Hall . and the Hollywood Bowl. As an accomplisl~ed recording artist, his work includes two solo releases, "Against the Tide" and his newest CD, "Ail !My Tomorrows: Songs of Sammy cahn:'' To read more about this exciting entertainer, see his Web site at www. davisgaines.com. PropoSed Workshops Evolve, Emerge, Imagine 'at the League's Annual Conference 2000!!! This year's conference explores the rapid and exciting 'world of change that is creating new opportunities for Florida's cities. From evolving technology to emerging municipal innovations, our conference offers imaginative solutions to aj myriad of municipal challenges and concerns. The 2000 Conference will give you the tools you need to shape your city's future. From old- fashioned networking to the latest in municipal technology you will gain useful information and new ideas to take home to your community. At information-packed workshops, you will i learn common-sense techniques from experts who have "been in the trenches." At provocative general sessions, you will discover badership-enhancing skills that will empower you so that you can provide the best for your city. You'll. receive the latest information on geeing grants and technical assistance for your city. Plus, you can attend one of the best 'municipal marketplace" exhibits ever, featuring state-ofithe-art ,products and innovations for municipalities.j Election 2000: listen to the candidates as they present their platform and then hear what reporter~s have to say about their ideas. First Time Attendees' Orientation If this is your first FLC Conference-Welcome! This workshop will acquaint you with the League, the conference program (with tips for the best use of your time), how to get involved in your local or regional league, FLC legislative policy committees and other municipal services. Come and join League officers, staff and your colleagues as each shares ways to take advantage of all that the League has to offer. Technology Center The Technology Center will be open Friday, August 11 from 8:00 a.m. - 5:00 p.m. and Saturday, August 12 from 8:00 a.m. - 4:00 p.m. This is what you can expect at.the Tech Center: · FLC/GartnerGroup Partnership: The Florida League of Cities and GartnerGroup will discuss the resources and other services provided in the special GartnerGroup subscription for League members. · On-Line Training: Learn more about the benefits of on-line training. · How to Use Your Computer and the Internet: Presentation on how to get the most out of your computer and the resources available on the Internet. · How to Put Your City on the Web: How to get a Web site 'address, build a Web site, and get it noticed on the World Wide Web. · Hands-an Practice on Computers: Come in to ask questions or learn more about computing. Hands-on practice will be available on a first-come, first-served basis. · Searching and Surfing the Interact: How to find resources on the Internet. barn where to find information and people, get a free e-mail address, and even get free/nternet access. Fort Louderdale New River Tour Come see the newest jewel in the crown of Fort Lauderdale's Spectacular redevelopment efforts-the New River connects pedestrian, water 'taxi, cultural, historic, multi, entertainment, office and beach activities to make the Riverwalk one of the most popular stretches in a three-county area. Don't worry, though, we'll take the bus for the mobile tour. Space Limited - Advance reglstralion required. To reseree your seat, call Jenny Anderson at (850) 222-9684 or Suncom 278-5331. Cily-Operated Charter Schools: A Cily Success Story Over the past several years, the concern over the quality of our schools has been at the center of national, state and local political debate. From the grading of our public schools as pass or fail, the granting of public school vouchers, to the creation of charter schools, parents and community leaders alike share a common vision for our youth-a quality education. Join leaders from the City of Pembroke Pines in a mobile tour of their city's successful solution to this critical problem, as they showcase Florida's first city-run charter school. Space Limited - Advanced registrat/on required. To reserve your seat, call Kimberly Strickland (850) 222-9684 or. Suncom 278-5331. Growing Pains: A Critical Look at Florida's Growth Management Act It's been more than 15 years since the Growth Management Act was first adopted and many have asked "Has it served its intended purpose? Is it still an effective tool? Is there a better way and if so,. how far do we go?" Join our panel as they attempt to answer these and many other questions about the impact of growth on our state and the role of state and local governments in this critical issue. Simplified Communications Services Tax: How simple is it? This past session, the Florida Legislature created 'the Simplified Communications Services Tax (CS/ CS/SB 1338), bringing the most comprehensive reform to Florida's fiscal policy in the last 15 years. The legislation consolidates and simplifies seven major state and local revenue sources regarding cable, telecommunications and other communications service providers. Come hear how these modifications will be implemented and how Such legislation will prepare Florida and its municipalities for .the 21st century marketplace. Spotlight on Electric Deregulation: How Will ~Cities Fare? Over the past several years, there has beeni great debate regarding the pros and cons of bringing competition to the electric power industry. While both federal and state policy makers have debated the issue at length, no formal action has been taken to initiate the dismantling of electric monopolies in Florida. However, with recent demands to gain access to Fbrida markets from merchant power plant owners, this issue is again demanding Center stage. Join our panel of experts for an illuminating discussion of this issue and the potential effect it may have on municipally owned electric utilities, electric franchise .revenues and' Florida's residents. One Florida and Affirmative Action: '"is C°ntmcting By Our Conscious Enough?" We've all heard about it and witnessed a piece of history when thousands marched on the Capitol in protest of Gay. Jeb Bush's One £1orida plan eliminating affirmative action set asides and quotas in education and state-level contracting. While the initiative only addressed state-level activities, it's only a molter of time before local government-contracting practices will be included in this discussion. Join this panel for what is sure to be a lively discussion of this very controversial issue and the potential impacts the One Florida plan and other changes to the affirmative action laws will have on city operations. .. Power Politics 2: All Politics is Locall Back by popular demandl Join this high-powered panel of mayors and former city officials who are now serving in the state legislature for anol~her provocative and entertaining discussion of what it takes for cities to be effective in the political process. Through sharing some of their own success stories, these experts will offer tips to assist you in leveraging the assets in your community to increase your sphere of influence at the state level. Council-Manager Relations Come and join a panel of elected city officials and their manager, s for a constructive dialogue on successful methods of building strong counc~il-manager relations. Special emphasis will be placed on communication techniques, and the audience will be invited to ask questions. This workshop is sponsored each year by the Florida City and County Management Association (FCCMA) to provide a forum for elected officials to talk about thi~ form of government. From "Front Porch" to the Back Porch: Making Community Redevelopment Work This session will provide participants with an update on the Front Porch, Urban Infill, and Community Redevelopment Agency programs, as well as a review 'of new economic development grant programs that were passed during this past sessionl The focus will be on financing and administrative mechanisms for successfully revitalizing and !redeveloping urban areas and rural community cores. Candidates Forum Democratic and Republican candidates vying for Cabinet-level offices have been invited to discuss a variety of issues of interest to rnunJcipalJfles. Come listen to the candidates as they share their vision for our state, as well as offer sotutior~s to address some of our communities' most pressing needs. Political Potpo,urri: Views from, the Press Gallery Just ~hen you ve thought you ye heard it all, i~oin Florida's top political journalists and columnists as they !hold forth about the issues, events and personalities that shaped the past year and that will influence the year ahead. As in past years, expect a lively, humorous and irreverent moderated discussion-followed .by a 'brutally frank question-and.answer session. Financial Management Challenges in the Internet Age Online access to hundreds of governmental applications available On the Internet provides a number of opportunities to local governments. With limited resources available, how can local governments afford the infrastructure and personnel required to implement and support these applications, while maintaining other priorities? Explore ways to benefit from the explosive growth of the Internet while minimizing infrastructure, support and personnel costs. Part I - ABCs of Investing You know you need to .plan for retirement or your children's education, or maybe you'd like to invest that extra money that's been sitting in your savings account. With an overwhelming amounl: of information available regarding investing, where do you begin? Start off by learning the basics about mutual funds, stocks and bonds. Learn about asset allocation and investment diversification to build a sound portfolio. Then find out where to go for help to achieve your investment goals. Practicable information for a complicated, .diverse subject.. Florida League of Cities' Financial Services staff members Jeannie Hagan and Darlene Malaney invite all interested parties to learn the basics of investing. (For guests and delegates) Part'Il - Guide to Personal Budgeting and Financial Planning Listed are the areas that will be covered durJng this session that will be presented bY prominent tax expert Mark Shorstein, CPA. ,/' Setting financial goals / Preparing a personal budget v' Cash management v~ Personal savings ~' Debt analysis ,/Standard of living issues (For guests and delegates) Grants Exchange What has now became a permanent part of the annual conference offering, this unique and valuable workshop provides you with many of the grants, technical assistance and other resources that are available to your city. The Grants Exchange is specifically designed so that you may drop by at your convenience to meet with representatives from various state, federal and private organizations that provide these grants and services. This year's Grants Exchange will have an international focus. Visit the International Table to learn about the League's upcoming International Academy (August 25-26, 2000) and how your city can benefit from international relations. Be sure to pick up a copy of the grant materials and the 2000 version of FLC's much sought after grants exchange guide, Financing and Technical Assistance for Florida Municipalities. You will want to check this workshop as o "must a#endl' From the Pre-Conference Seminar to the General Sessions, our top-notch, dynamic workshops and speakers will raise ideas and set the' stage for the future of our Florida cities. ~:" The folloWing is a tentative schedule of actiVities that will be held during the Florida League of Cities annual conference. Please note that this schedule is subject to change. Thursday, August IO, 2000 Morning Pre-conference Seminar, cost- $115.00 Sports Activity: Afternoon Six LeagUe Standing Polic~, Committees Exhibit Hall Opens Sidewalk Cafe in the exhibit hall. available for purchase at lunchtime. First Time Attendees' Orientation Resolutions Committee Florida Black Caucus of Local Elected Offic~ Tyson Jones at (954) 357-8120 if you have Evening Welcome Reception Friday; August 11, 2000 Morning Exhibit Hall Opens Opening General Session Guest Workshop Round One: Concurrent Sessions Afternoon Sidewalk Cafe in the exhibit hall. Salad~, available for purchase at lunchtime. Priz~ Drawings Golf Tournament-$80 (includes luncheon) Salad~, sandwiches, chips, beverages and desserts will be als will be holding a meeting. Please call Councilman any questions. sandwiches, chips, beverages and desserts will be Grants Exchange Guest Workshop Round Two: Concurrent Sessions Local and Regional League Roundtable Women Elected to Municipal Government of Florida will be holding a luncheon by invitation only. If you do not receive your invitation, please call Helen Ludwig, executive director at (904) 743-6042. Round Three: Concurrent Sessions Nominating Committee IFLC Board of Directors Meeting EYening . . i. Night on Riverwalk - Sponsored by the City of Fort Lauderdale (more information to follow} Saturday, August 12, 2000 Morning ILocal/t~egional League Breakfasts- Breakfast meetings are not included in the conference registration; register directly with your league, IGuestWorkshop ISecond General Session Round Four: Concurrent Sessions L~ternoon IPast Presidents' Luncheon Voting Delegate Registration Lusiness Session ILC Board of Directors Meeting Evening leception Banquet - with Davis Gaines To Attend the Florida League of Cities 74th Annual Conference ' 2. 3. 4. 5, 6, 7. 9. 10. Learn about valuable services from your Florida League of Cities. Pick up innovative ways to expand services and save tax dollars. ! Hear ,from some of the nation's most inspiring speakers. Discover ways to win bigger state and federal grants. Get answers from top municipal experts. Visit the Municipal Marketplace exhibits and get information to solve your city's problems. Get inside information on the 2000 Legislative Session and learn how you can help cities achieve victory for session during the year 2001. Find out how to build on your community's economic assets. Meet with colleagues and exchar:ge innovative ideas and solutions. Discover technological advances and strategies that will prepare your city for the year 20011 The Florida League of Cities Annual'Conference! "Florida Cities-Evolve, Emerge, Imagine" Be Therel City of Sebastian, Florida. Subject: Resolution R-00-81 FDOT AgendaNo. Public Transportation Joint Participation Agreement/Runway Lighting (MIRL) and Airffled Security Fencing with Gates Department Origin: ~i~y lVlamg~r Date Submitted: 5-22-00 For Agenda of: 6-14-00 Exhibits: Proposed Resolution R;00-31 EXPENDITLrRE AMOUNT BUDGETED: HEQUI]~D: N/A N/A IAPPROP1UATION REQUIRED: SUMMARY The City of Sebastian has received approval for funding for a total project mount of $135,000 with the State's funding share mounting to $108,000 for the installation of Runway lighting (MI]~)'and Airfield Security Fencing with gates, from the Florida Department of Transportation. The proposed Resolution R-00-31 authorizes the City Manager to execute the State of Florida Department of Transportation Public Transportation Joint Participation Agreement. RECOMMENDED ACTION Move to approve Resolution R-00-31, authorizing the City Manager to execute the State of Florida Department of Transportation Public Transportation Joint Participation Agreement for the purchase and installation of Runway Lighting (MIRL) and Airfield Security Fencing with Gates. RESOLUTION.EO. R-00-31 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT FOR THE PURCHASE AND INSTALLATION OF RUNWAY LIGHTING (MIRL) AND AIRFIELD SECURITY FENCING WITH GATES; PROViDiNG FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian has received approval for funding in the amount of $108,000 for a total project cost of $135,000 from the Florida Department of Transportation for the purchase and installation of runway lighting (MIRL) and airfield security fencing with gates. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, that: Section 1. The City Manager is hereby authorized to execute the State of Florida Department of Transportation Public Transportation Joint Participation Agreement as affached hereto as Exhibit"A". .~ection 2. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed. Section 3. This Resolution shall become effective immediately upon adoption. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember vote, the vote was as follows: .Mayor Walter Barnes Councilmember Ben Bishop Councilmember Joe Barczyk Councilmember James Hill Councilmember Edward Majcher 2000. and, upon being put into a The Mayor thereupon declared the Resolution dully passed and adopted this 24th day of May, ATTEST: Kathryn M. O'Halloran, MMC City Clerk (SEAL) Approved as to form and legality for reliance by the City of Sebastian only: RiCh Stringe~r, City Attorney CITY OF SEBASTIAN, FLORIDA By: Walte~' Barnes, Mayor ~'TATEE OF FLORIDA DEPARTMEENT OF TRANSPORTATION FORM ~ PUBLIC TRANSP ADMIN PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT FINANCIAL PROJECT NO.: 40P,783-'1-94-01 (Item-segment-phase-sequence) WPI No: N/A Oontrac~ No: Fund: DS Function: 637 8AMA$ ApFrop: 088719 Federal N.e: N/A 8AMA8 Obj.: 790007 Catalog of Federal Domesl~c Assistance Org. Code: 55042010428 Number. N/A Vendor No: VF 5@6000427008 THIS AGREEMENT, made and entered into 'this day of ,19 by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the' State of Flodda, hereinafter referred to as the Department, and CITY OF SEBASTIAN hereinafter referred to as the AGENCY. WITNESETH: WHEREAS~ the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authorttyto function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under 332.006 (6) , Florida Statutes, to enter into this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, 'promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to install runway'lighting (MIRL) and airfield security fencing with gates. and as further described in Exhibit(s) A, B~ C~ &'F attached hereto and by this reference made a part. hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the terms and conditions .upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. FORM 725.030-06 PUBLIC TRANSP ADMIN . 01/00 2.00 Accomplishment of the Project: 2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit'W' attached hereto and bythis reference made a part hereof, with a I practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. / 2.20 Pursuant to Federal, State,. and Local Law: In t~e event that any election, referendum, approval, permit, notice, or other proceeding or authorization, is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or carry oat any of the prov. isions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so .requisite. 2.3'0 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data, 'reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit "C" attached hereto and by this reference made a part hereof. 3.00 Project Cost: The total estimated cost of the project is $ 135,000.00 . This amount is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof. The Agency agrees to bear all expenses in excess of the total esti~nated cost of the project and any deficits involved. 4.00 Department Participation: The Department agrees to maximum participation, incl'uding contingencies, In the project in the amount of $ '108,000.00 as detailed in Exhibit "B", or in an amount equal to the percentage(s) 'of total project cost shown in Exhibit "B", whichever is less. .4.'10 Project Cost Eligibility: Project costs eli'glble for, State participation will be allowed only from the effective date of this Agreement. It is understood that State participation in eligible project costs is subject to: (a) Legislative approval of the Department's appm )fiation request in the work 15rogram yearthat the project is scheduled to be committed; (b) Availability of funds as stated in paragraph 17 00 of this Agreement; (c) Approval of all plans, specifications, contracts or other obligating documents and all otherterms of this Agreement; approval of the project scope and ~udget (Exhibits A & B) at the time. appropriation authority (d) Department becomes available. 4,20 Front .End Funding: Front end-funding ~ (is nevi applicable. If applicable, the Department mayinltially pay 100% of the total allowable incurred project costs up to an ar~ount.equal to its total share of participation as shown in paragraph 4.00..i 5.00 Retainage: Retalnage /,!s) (is not).applicabie. Jif applicable, N/A pement of the Department's total, share of participation as shown in paragral3h.4.00 is to be held in retainage to be disbursed, at the Department's discretion, on or before the completion of the final project, audit, 6,00 Project Budget.and Payment.Provisions: 6.10 The Project Budget: A project budget shall be prepared bythe Agency and approved bythe Department. The Agency shall maintain said budget, carry out the project arid shall incur obligations against and make disbursements of project funds only in conformity with the latest approved budget for the project. No-budget increase or decrease shall be effective unless it complies with fund participation requirements established in paragraph 4.00 of this Agreement and is aPprovedby the Department Comptroller. I I I I I I I I I I I I I I I I I I I FORM 725,.{330-~ PUBLIC "r~,AN,,.eP ADMIN Page3 o~12 6.20 Payment Provisions: Unless otherwise allowed under paragraph 4.20, payment will begin in the yearthe project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of the ctate the invoice is submitted with the final payment due upon receipt of a final invoice. i I I i · 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish forthe project, in conformity with requirements established by Department's program guidelines/proCedures and "Principles for State and Local Governments", separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "project acCount". Documentation of the project account shall be made available to the Department upon request any time during the period of the Agreement and for three years after final payment is made. 7.20 Funds Received Or Made AvailabLe for The Project: The Agency shall appropriately record in the project account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all payments received by it from the Department pursuant to this Agreement ancl all othe~'funds provided for, accruing to, or otherwise received on account of the project, which Department payments and other funds are herein collectively referred to as "project funds". The Agency shall require depositories of project funds to secure continuously and fully all project funds in excess of the amounts-insured under federal plans, or under.State plans which have been approved for the deposit of project funds by the Department, by the deposit or softing aside of collateral o. fthe types and in the manner as prescribed by State Law for the security of public funds, or as approved by the Department. 7.30 Costs Incurred for the Project:. The Agency shall charge to the project account all eligible costs of the project. Costs'in .excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered, eligible costs. 7.40 Documentation of Project Costs: All costs charged to the .project, including any approved services contributed bythe.Agency or others, shall be supported by properly executed payrolls time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. 7.50 Checks, Ordem, and Vou chem: Any check or order drawn by the Agency with respect to any ~em which is orwill be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. 7.60 Audit Reports: All federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number, and year, and name of the fedora! agency. State grant and aid funded grants areto be identified with the Financial Project Number (FPN) and contract number. Audits shall be conducted underthe guidelines ofA-133, Section 216.349, Florida Statutes, and Chapter 10.600', Rules of the Auditor General. i3. For fiscal years beginning-after June 30, 1998, the reporting-packages and data collection forms are to be submitted within the earlier of 30 days after the receipt of the auditor's report, or 9 months after the end of the subrecipient's (Agency's) fiscal year, The date the audit report was delivered to the subrecipient (Agency) must be indicated by the subrecipient (Agency) in correspondence accompanying the audit repot[, or reporting package, and data collection form. FORM 725.1330.06 PUBLIC TRANSP ADMIN 01~00 Page 4. of 12 The Agency shall follow up and take corrective action on audit findings. A-133 further requires the preparation of a summary schedule of prior audit findings and a corrective action plan for current year audit findings. Project records shall be retained and available for at least three years afterthe final payment. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Reports of audits conducted in accordance with OMB Circular A-133, and corresponding data collection forms shall be sent to: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jefferson, IN 47132 and the District Public Transportation Office identified in paragraph 8.10 of this agreement. Reports of audits conducted in accordance with Section 216.349, Florida Statutes, and Chapter 10.600 Rules of the Auditor General shall be sent to: State of Florida Auditor General P.O. Box 1735 Tallahassee, FL 32302-1735 and the District Pul:ilic Transportation Office id ntified in paragraph 8.10 of this agreement. 7.70 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will maintain the abilityto repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life. of such equipment or facilities. 'in the event of the loss ofsuch equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its · interest in the lost equipment or facility. In the event, this Agreement is for purchase of land or for the construction of infrastructure such as .airport runways the Department may waive or modify this section with an Exhibit "C". 8.00 Requisitions and Payments: 8.10 Action by the Agency: In orderto obtain any Department funds, the Agency shall file with the Department of Transportation, District Four Public Transportation Office . 3400 West Commercial Blvd,, Fort Lauclerdale~ Florida, 33309-3421 'its requisition on a form or forms prescribed by the Department, and other data pertaining to the project account (as defined in paragraph 7.10 hereof) .to justify and su3port the payment requisitions. · 8.11 Invoices for fees or other compensati n for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof, i I I I 8,12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S. The Department may establish rates lower than the .maximum provided in Chapter 112.061, Florida Statutes. I 8.13 (1) For real property acquired, submit; the date the Agency acquired the real a statement bythe Agency certifying th consideration paid for real property. )roperty, at the Agency has acquired said real property, and actual I I I FORM 725-030436 PUBLIC TRANSP ADbIIN 01/00 Page .5 ef 12 (3) a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with all federal laws, rules and procedUres .required bY any federal oversight.agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real prepen'7. 8.20 The Department's Obligations: Subject to other.provisions hereof, the Department will honor such requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying.out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project if: 8,21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document 'or data furnished therewith or pursuant hereto; 8.22 Litigation: There is then pending litigation with respect to the performance bythe Agency of any of its duties-or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project; 8.23 Approval by Department: The Agency shall have taken any action pertaining to' the project which; under this agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; 8.24 herein; or Conflict of Interests: There has been any violation of the conflict of interest provisions contained 8,25 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement.. 8.26 .Federal Participation {If Applicable): Any federal agency providing federal financial assistance to the project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs. 8.30' Disallowed Costs: In determining the amount of the payment, the Department will exclude.all projects costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest approved budget for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit or for work.or services performed pursuant to this agreement, the Department may offset such amount from payments due for work or services, done under any public transportation joint participation agreement which It has with the Agencyowing such amoUnt if, upon demand, payment of the. amount is not made within sixty (60) days to the Department. Offsefling amounts shall not be considered a breach of contract by the Department. 9.00 Termination or Suspension of ProJect: 9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues the project; or if, by reason of any of the events or conditions set forth in paragraphs 8.21 to 8.26 Inclusive, or for any other reason, the commencement,.prosecution, or timely completion of the project bythe Agency. is rendered improbable, infeasible, impossible, or, illegal, the Department will, by written notice tO the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. FORM 725-03O-O6 PUBLIC TRANEP ADMIN 9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, ;he Agency shall proceed premptlyto cam/out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement ortho project activities and contracts, and other undertakings ;he cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of the financing and any advance payment previously received as is determined bythe Department to be due underthe provisions ortho Agreement. The termination orsuspension shall be carried out in conformity with ~the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a remlffance by the Agency .or the closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal bythe contractor or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes and made or received in conjunction with this Agreement. '10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the Agency shall remit to the Department its share of any unexpended balance in the. project account. 11.00 Audit and Inspection: The Agency. shall permit, and shall require its contractors to permit, .the Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the 'financing and development of the project. 12.00 Contracts of the Agency: 12.10 Third Party Agreements: Except as othen~ise aUthorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation funds, including consultant, con'struction or purchase of comr~odities contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment bythe Department-as provided in paragraph 8.23. The Department specifically reserves unto itself the right tO review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation' by the Department in 'a project with an Agency, where said project involves a consultant contract for engineering, arch:Itecture or surveying services,- is contingent on the Agency complying in full with provisions of Chapter 287, Florida Statutes, Consultants Competitive Negctlation Act. At the discretion of the'Department, the.Agency will involve the Department in the Consultant Selection Proces~ for all contracts; in all cases, the Agency's Attorney shall certify to the Department that selection has been accomplishe~l in compliance with the Consultant's Competitive Negotiation Act.' [ ' 12.30 Disadvantaged Business Enterprise (DELE) Policy and Obligation: 12.3t DBE PolicY: It is the policy of the Depaffmentthat disadvantaged business enterprises as defined in 49 CFR .Part 23, as amended, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Department!funds under this Agreement. The DBE requirements of 49 CFR Part 23, as amended, apply to this Agreement. ! 12.32 DBE Obligation: The Agency and its =ontractors agree to ensure that Disadvantaged Business Enterprises as defined in 49-CFR Part 23, as amended, have the maximum opportunity to participate in the · performance of contracts and this Agreement. in thi,' regard, all recipients, and contractors shall take all I I I I I I I I I I I I I I i I I I I FORM 725-~30~ RUBLIC TRAN~P ADMIN Pag~ 7 ~f12 necessary and reasonable steps in accordance with 49 CFP, Part 23, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. 13,00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: in connection with the carrying out of any pre.iect, the Agency shall not discriminate against any employee orapplicant for employment because of race, age, creed, color, sex or national origin.. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. TheAgency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development or operation of the project, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided .by the Department ssffing forth the provisions of the nondiscrimination clause. 13.20 Title VI-Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (78 Statute 252), the Regulations of the Federal 'Department of Transportation issuect thereuncler, and the assurance by the Agency pursuant thereto. 13.30 Title VIII - Civil Rights Act Of 1968: Execution of this Joint Participation Agreement constitutes a certification that the Agency.will comply with all the requirements imposed by Title VIIi of the Civil Rights Act of 1968, 42 USC 3601 ,et seq., which among other things, prohibits discrimination in housing on the basis of race., color, national origin, religion, sex, disability and familial status. 13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements im'posed by the ADA, the regulations Qfthe federal government issued thereunder, and the assurance by the Agency pursuant thereto. 13,50 Prohibited interests: Neither'the Agency nor any of its contractors or their subcontractors shall enterintQ any contract, subcontract, or arrangement in connection with the project or any property .included or planned to be inclucied in the project,, in which any member, officer, or employee of the Agency during his tenure or for two years thereafter has any interest, direct or indirect. If any such present or former member, officer, or employee involuntarily acquires or had acquired prior to the beginning of his tenure any such interest, and If such interest is immediately disclosed to the Agency, the Agency with prior approval of the Department, may waive the prohibition contained in this subsection: Provided, that any such present member, officer or employee.shall not participate in any action by the Agency relating to such contract, subcontract, or arrangement. The Agency shall insert in all contracts entered into in connection with'the project or any property included or planned to be included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer, or employee of the Agency during his tenure or for two years thereafter shall have any interest, direct or indirect, in this contract ortho proceeds thereof." The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, or to any agreement for utility services the rates for which are fixed or controlled by a Governmental agency. 13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any beneffi adsing therefrom. FORM 725-030436 PUBLIC TRAN,.~P ADI~IIN 01/~0 Page a of 12 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification bythe Agency that the project will be carried out in conformance With all applicable environmental regulations including the securing of any applicable permits, The Agencywill be solely responsible for any liability in the event of non-compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith. 14.20 Department Not Obligated to Third Parties: Th.e Department shall not be obligated or liable hereunderto any party other than the Agency. ~ 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver bi'the Department of any breach of covenant or any default which ,may then exist, on the part of the Agency, and the mai;,! ng of Such 'payment by the Department while any such breach or default shall exist shall in no way impair or prejudic any right or remedy available to the Department with respect to such breach or default,. 14.40 How Agreement Is Affected by Provisions Being Held Invalid: if any provision ofthis Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. · 14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid andt also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enfome compliance with any provision thereof, perform any other act Or.do any other thing in contravention of any applicable State law: Provided, that If any of the provisions of the Agreement Violate any applicable State law the Agency will at once notifythe Department in writing in orderthat appropriate changes and modifications may be made bythe Department and the Agency to the end that the Agency may proceed as soon 14.70 Use and Maintenance of Project'Facilltles and and equipment will be used by the Agency to provide or suppo! such facilities and equipment as determined in accordance w Department. The Agency further agrees to maintain the projec useful life of said facilities or equipment. 14.7t Property Records: The Agency agrees1 and develop control systems as required by 49 CFR P; possible with the project. Equipment: The Agency .agrees that the project facilities t public transportation for the period of the useful life of ith general accounting principles and approved by the facilities and .equipment in good working order for the maintain property records, conduct physical inventories 18, when applicable. 14.80 Disposal' of Project Facilities or Equipment: 'the Agency disposes of any pro. iect facility orequipment during its useful life. for any purpose except its replac, ement witl' iike facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount .of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. 14.90 Contractual Indemnity: To the extent provide~ by law, the Agency shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and ernployees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission or negligentact by the Agency its agents or employees during the performance of the Agreement, except that neither the AgenCy, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of.any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the Agreement. ' FORM ~ PUBLIC TRANSP ADMIN 01/00 Page.~ of 12 The parties recognize and accept the funding restrictions set forth in Section 339.135(~)(a)', and Section 129.07, Florida Statutes, which may affect each of the parties' obligations. Those.provisions are as follows: (a) The Department during any fiscal year shall not expend money, incur any liability, er enter into any contract which, by 'its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made.in violation of this subsection is null 'and void, and no money may be paid on such contract. The Department shall require a statement from the Comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained.shall prevent the making of contracts for periods exceeding one (1) year, but any contract so made shall be executory only for the value of the'services to be rendered or~ agreed to be paid for in succeeding fiscal years. Section 339.135(6)(a), Florida Statutes. (b) It is unlawful for the Board of County Commissioners to expend .or Contract for the expenditure in any fiscal year more than the amount budgeted in each fund's budget, except as prOvided herein, and in no case shall the total appropriations of any budget be exceeded, except as prOvided in s. 129.06, and any indebtedness 'contracted for any purpose against either of the funds enumerated in this chapter or for any purpose, the expenditure for which is. chargeable to either of said. funds, shall'be null and void, and no suit or suits shall be prosecuted in any court in this state for the collection of same, and members of the Board of. County Commissioners voting for and contracting for such amounts and the bonds of such members of said boards also shall be liable for the excess indebtedness so contracted for. Section 129.07, Florida Statutes. When either party receives a notice of claim for damages that may have been caused by the other party in the performance 'of services required under this Agreement, that party will immediately forward .the claim to the other party. Each party will evaluate the claim and report its.findings to each other within.fourteen (14) working days and will jointly discuss options in defending the .claim. 15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the constructing and equipping of facilities, the Agency Shall submit to the .Department for apprOval all appropriate plans and specifications covering the prOject. The Department will review all plans and specifications and will issue to the Agency written approval with any approved portions of the project and comments or recommendations concerning any remainder of the project deemed apprOpriate. After resolution of these comments and 'recommendations to the Department's .satisfaction', the Department will issue to the Agency written- approval with said' remainder of the project. Failure to obtain this .written approval shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. 16.00 Project Completion, Agency Certification: The Agency will Certify in writing .on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 17.20 Multi-Year Commitment: In the event this Agreement. is in excess of $25,000 and has a term for a pedod of more than one year, the provisions of Chapter 339.135(6)(a), Florida Statutes, are hereby incorporated: "(a) The Department, dudng any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by Its terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or wdtten, made in Violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require .a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall FORM 725.03D,.D6 PUBLIC TRANSP ADMIN Old00 prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory Only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in exc. ess of 25,000 dollars and which have a term for a period Of more than 1 year." 18,00 Expiration of Agreement: The Agency agrees to complete the project on or before July 31, 2002 . If the Agency does not complete the project within this time period, this Agreement will expire unless an extension of ,the time period is requested by the Agency and granted in writing by the District Secretary, District Four . Expiration of this Agreement will be considered termination of the project and the procedure established in paragraph 9.00 of this Agreement shall be initiated. 18,10 Final Invoice: The Agency must submit the final invoice on this-project to the Department within 120 days after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid. 19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and inclucte the singular. All words used in any gender shall extend to and include all genders. 20.00 Execution of Agreement: This Agreement. may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed ,to be an original, and such counterparts together shall constitute one in the same instrument. 21;00 Restflctions on Lobbying: I I I 21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency, to any person for influencing Or attemF.ing to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any fecleral, loa~,, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any fecleral contract, grant, icon or cooperative agreement. I I If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or affempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete and submit Standard 'Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this section be ihcluded in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all . subrecipients shall certify and disclose accordingly. 21.20 State: NO funds received pursuant to this contraCt may be expended for lobbying the Legislature ora state agency. 22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and serVices to the Department should be aware of the following time frames. Ul~on receipt, the Department has five (5) working days to inspect ancl approve the goods and services unless the bid specifications, purchase order Or contract specifies otherwise. The Department has 20 days to deliver a request for payment (Voucher) to the Department.of Banking and Finance. The 20 days'are measured, from the latter of the date the invoice is received or the goods or services are received, Inspected and approved, i' If a payment is not available within 40 days after receipt of the i~voice and receipt, inspection and approval of goods and services~ a separate interest penalty in accordance with Section 215,422(3)(b) will be' due and payable, in addition to the I I I I I I I I ! FORM 725-0.30-06 PUBLIC TRAN~P ADMIN invoice amount to the Agency. The interest penalty provision applies after a 35 daytime period to health care providers, I as defined by rule. interest penalties of less than one (1) dollarwill not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completecl invoice is provided to the i Department.' AVendor Ombudsman has been established within the Department of Banking and 'Finance. The duties ofthis individual include acting as an advocate forAgencies who may be experiencing problems in obtaining timely payment(s) from the I Department. The Vendor Ombudsman may be contacted at (904)488-2924 or by calling.the State Comptroller's Hotline, 1-800-848-3792. ' I 23.00 Public Entity Crime: Pursuant to 287.133(3)(a) F,S. the following is applicable to this agreement. 287.133(2)(a) "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods.or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on ileases of real property to a public entity, may not 'be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity,' and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on I the convicted vendor list." ' I I I I I i i' , I I , FORM 725.O3O-06 PUBLIC TRAN~P ADMIN 01/00 Financial Project No. Contract No. Agreement Date 408783-1-94-01 IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first ebove written, i AGENCY CITY OF SEBASTIAN 'FDOT COMPTROLLER FUNDING APPROVAL DATE: By: TITLE: , · A'I-I'ORNEY DEPARTMENT OF TRANSPORTATION ATTEST: TITLE: (SEAL) DISTRICT SECRETARY OR DIRECTOR OF PLANNING & PROGRAMS APPROVED AS TO FORM, LEGALITY ATTEST: ,(SEAL) FP Nc.: 408783-1-94-01 Contract No.: Agreement Date: EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and CITY OF SEBASTIAN PROJECT LOCATION: Sebastian Municipal Airport PROJECT DESCRIPTION: Install Runway Lighting (MIRL) Install Airfield Security Fencing with access gates SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in paragraph, 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, Financial Project number anti the Federal Identification number, where applicable, and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. SPECIAL CONSIDERATIONS BY DEPARTMENT: N/A FP No.: 408783-1-94-01 Contract No.: Agreement Date: EXHIBIT "B" PROJECT BUDGET This exhibit forms an integral part of that .certain Joint Participation Agreement between the State of Florida, Department of Transportation and City of Sebastian 1. TOTAL PROJECT COST: II, PARTICIPATION: Federal Participation: FAA, FTA, UMTA, etc. Agency PartJcipa[ion: Cash Maximum Department Partidpation: F~mary (DS) (DDR) (DIM) (PORT) Federal Reimbursable (DU) (FRA) (DFTA) Local'Reimbumabie (DL) I!!. TOTAL PROJECT COST: $135,000 0.00% · $0 20.00% 80.00% $108,000 '$0 $1~,000 I I I I I I i I I I I i I I I I I I I EXHIBIT "C" (GENERAL) FP No.: 408783-1-94-01 Contract No.: Agreement Date: This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and CFi'? OF SEBASTIAN Documents required to be submitte.d to the Department by the Agency in accordance with the terms of this Agreement. SUBMITTAL/CERTIFICATION Consultant Selection .Compliance Design Submittal ** 90% 100% Construction/Procurement Contracts Safety Compliance Release for Notice To Proceed Annual Audit Reports Completion per SpeCifications BASIS FOR ACCEPTANCE Agency Attorney's Certification Department Comment Department Letter Department Letter (a) Department Review (b) Agency Certification Department Letter Agency Certification Agency Certification Plans, Specifications, Engineering Reports Two (2) sets (1 Full Size & 1 1 lx17 Size) to be sent directly to: Matthew J. Thys Aviation Supervisor Public Transportation Office, D4 3400 West Commercial Boulevard Fort Lauderclale, Florida 33309-3421 FP No.: ' 408783-1-94-01 Contract No.: Agreement Date: EXHIBIT "F~' SPECIAL AIRPORT ASSURANCES This. exhibit forms an integral part of that certai~ Joint Participation Agreement between the State of Florida, Department of Transportation and !. ' Crr'Y OF SE .a~ST~AN Il. GENERAL a. These assurances shall be complied with in the performance of master planning, land acquisition, economic development or Capital improvement projects which contain NO federal funds. b. Upon acceptance of this Joint Participa assurances are incorporated in and bec DURATION The terms, conditions and assurances of the gr ..ion Agreement by the sponsor, these .ome a part thereof. ant agreement shall remain in full force and effect throughout the useful life of the facilities .develop ~d or equipment acquired for any airport development project, but in any event not to exceed twenty (20) years from the date of acceptance .of a grant agreement utilizing state funds forths project. However, there shall be no limit on the duration of the assurances with respect to real property acquira~l with project funds. II1. SPONSOR CERTIFICATION The sponsor hereby assures and certifies, with .respect to this grant: I' a. It has sufficient funds available for that portion ~of the project costs not paid for by the State. It has sufficient funds available to assure operation and maintenance of items it will own or control funded under the grant agreement, i ' It holds good title, satisfactory to the Department, to the landing area of the airport or site thereof, or will give assurance satisfactory to tt~e Department, that good title will be acquired. c,' If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient' rights and authority to ensure that the airport will be operated and maintained in accordance with the Federal Airport and Airwa~ Improvement Act of 1982, or successive legislation; the regulations and the terms, cond tions and assurances in the grant agreement; and shall ensure that such arrange'nent also requires compliance therewith, 'b, I I I I I I I i I I I I I I I i i I I It will adequately clear and protect the aerial approaches to the airport by removing, lowering, relocating, marking, or lighting, or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. It will make its airport available as an airport Tor public use on fair and reasonable terms. It will permit no exclusive rights for the use of the airport by any persons providing, or intending to provide aeronautical services to the public. All revenues generated .by the airport will be expended by it for the capital or operating costs of the airport, the local airport system, or other local facilities owned or operated by the owner or operator of the airport and directly related to the actual aerial transportation of passengers or property. Once accomplished, it will keep up-to-date a minimum of an Airport Layout Plan of the airport showing (1) boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas 0wheel or controlled by the sponsor for airport purposes and pmp{)sed additions thereto; (2) the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and made), including all proposed extensions and reductions of existing airport facilities; and (3) the location of all existing improvements thereon. City oi' Sebastian, Florida Subject: Interlocal Agreement - For Agenda No. 1~ 6P,/~.. constructing a boat dock and dewing area along Indian River Drive Department Origin: City Manager Ap~Z~~~ Date Submitted: 05-31-00 For Agenda of: 06-14-00 Terrence R. Moore Exhibits: Interlocal Agreement Between Indian River County and the City of Sebastian for the purpose of constructing a boat dock/hewing area EXPENDITURE ] AMOLrNT BUDGE-TED: APPROPRIATION tLEQUIRED: N/A [ N/A REQUIBED: SUMMARY On May 23, 2000, the Indian River County Board of County Commissioners, approved the attached Interlocal Agreement between Indian River County and the City of Sebastian, granting a $20,000 allocation from the Florida Boating Improvement Fund for a boat dock/viewing area along Indian River Drive. RECOMMENDED ACTION Authorize the MayOr to execute the Interlocal Agreement between Indian River County and the City of Sebastian granting a $20,000 allocation from the Florida Boating Improvement Fund for a boat dock/hewing area along indian River Drive. INTEKLOCAL AGREEMENT between INDIAN RIVER COUNTY, FLORDA and CITY OF SEBASTIAN, FLORIDA This Interlocal Agreement, entered into this day _ ,2000, by and between iNDIAN RIVER COUNTY, FLOR/DA, a political subdivision of the State of Florida, hereinafter referred to as COUNTY, and the CITY OF SEBASTIAN, FLORIDA, a municipal corporation of the State of Florida, hereinafter referred to as CITY, for the purpose of constructing a boat dock/viewing area along Indian River Drive. WITNESSETH: WHEREAS, the Florida Interlocal Cooperation Act o£ 1969 (Chapter 163, F.S.) grants the COUNTY and CITY the authority to enter into interlocal agreements; and WHEt~EAS, the COUNTY and CITY recognize that each entity has certain responsibilities with respect to the citizens .o£ the County and the City and their recreation needs; md WI-IEI~AS, the CITY requested .a $20,000 allocation from the Florida Boating Improvement Fund for a boat dock/viewing area along Indian River Drive; and WI-~KEAS, the COUNTY at its April 18, 2000 regular meeting approved the City's request; and WHEREAS, h is in the public interest to set forth, by way of agreement, each entities responsibilities, NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter set forth and pursuant to the statutory authority contained in Chapter 163, F.S., the COUNTY and CITY agree as follows: The COUNTY will provide CITY wkh $20,000 from the Florida Boating Improvement Fund for the construction of a boat dock/viewing area along Indian 1River Drive in Sebastian. The CITY upon receipt of the $20,000 allocation and upon issuance of all necessary permits will begin construction of the project. The allocation of these funds by the COUNTY is the limit of participation by the COUNTY in the project. IN WYl"~SS WI-IEKEOF, the parties hereto have caused this interlocal agreement to be executed by their duly authorized officials on the day and year first written above. Attest: ~[.K. BARTON, Clerk IND~N RIVER COUNTY BOA_KD OF COUNTY COMMISSIONERS By Deputy Clerk By Fran B.-A&ms, Chairman Approved. May 23, 2000 CITY OF .SEBASTIAN Attest: K.M. O~-IALLOP~N, Clerk By By Deputy Clerk Walter Barnes, Mayor [indian River County Approved Date i Administration .LBudget ;~x,,~ Legal Risk Management Department ,~Division 5 / O0(legal/agree. seb/dock)Ow City of Sebastian, Florida Subject: Authorize the City Manager to execute an Engagement Letter with Hoyman, Dobson & Company, P.A. for audit services for the fiscal .years ending 9/30/2000 and 9/30/2001 Agenda No. frO,/'5/,~f' Department Origin: Finance(~ Date Submitted: June 5, 2000 For Agenda of: June 14, 2000 Exhibits: Engagement Letter between the City of Sebastian and Hoyman, Dobson & Company, P.A. EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQLJI/kED: N/A N/A REQUIRED: N/A SUMMARY In 1997, the City Council awarded a contract with Hoyman, Dobson & company, P.A. for audit services for a period of three years with an option to extend for two additional one year periods. The term of the original contract expired following the completion of the Fiscal Year 1998/1999 audit. Staff recommends approval of the continuance of the contract for au additional period of two years. Recent changes in financial reporting requirements and the level· oflmowledge that the audit fi_tm of Hoyman, Dobson & Company, P.A. has regarding the City would provide a greater level of control and understanding during the next two years while the City implements these changes. The fee for each of the two years will be $30,590. RECOMM]ENDED ACTION Move to authorize the City Manager to execute the Engagement Letter with Hoyman, Dobson & Company, P.A. · .:_.-. HOYMAN, DOBSON & COMPANY/P.A ..... · CERTIFIED PUBLIC ACCOUNTANTS I IIIIIII L 11 ```'~~~;'~`~.`,.~'~.rC?:~:~?~.~.':.~r~:~?:.;:r'.:~...:~...~:...:.:~.. 21~ B~me Drive, ~u~ 1, ~l~ume, '" ' '" "' Flor da 32940, 321-255-0~,~ ~21-~:~8, ~. hoym~n, cam Mayl2,2000 Charles W. Hoyman, Jr. BarbaraJ. Oswalt Thomas L. Kirk Karen E. Kirktand Deborah A. Bradley DIRECTOR EA~RITUS Roger W. Dobson Eugene K. Bjeming Mayor and City Council City of Sebastian Post Office Box 127 Sebastian, Florida 32958 Dear Mayor and Council Members: We are pleased to confim't our understanding of the services we are to provide for the City of Sebastian, Florida for the years ending September 30, 2000 and 2001. We will andit the general purpose financial statements of the City .of Sebastian, Florida as of md for the years end[ug September 30, 2000 and 2001. The combining statements by Fund type, and schedules will be subjected to the auditing procedures applied in the examination of the general purpose financial statements. Our opinion on these statements and.schedules will be expressed in relifi0n to the general purpose financial statements and schedules taken as a whole. Also, if a Single 'Audit.is required for either of these years, the document we submit to you will include a supplementary. schedule of Federal Financial A~sistauce that will be subjected to the auditing procedures applied in our audit of the general purpose financial statements. The audits will be conducted in accordance with generally accepted auditing standards and will include tests of the accounting records of the City of Sebastian, Florida and other procedures we consider necessary to enable us to express an unqualified opinion that the general purpose financial statements are fairly presented, in all material respects, in conformity with generally accepted accounting principles. If our opinion is other than unqualified, we will fully discuss the reasons with you in advance. If, for any reason, we are unable to complete the audits, we wilt not issue a report as a result of this engagement. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement., and they may bill you for responding to this inquiry. At the conclusion of our audit, we will also request certain written representations from you about the financial statements and related matters. · American Institute of Certified Public Accountants · Florida Institute al Certified Public Accountants. SEC Practice Section of the A.I.C.P.A. · CPAmerica Inlemolionol .. City Council City of Sebastian Page Two An audit includes examiuing, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. Also, we will plan and perform the audit to obtain reasonable assurance about whether thei financial statements are flee of material misstatement. As requked by the Single Audit Act o~ 1996, if we perform a Single Audit, our audit will include test of transactions related to federal assistance programs for compliance with applicable laws and regulations. However, because of the concept of reasonable assurance and because we will not perform a detailed examination!of all transactions, there is a risk that material errors, irregularities, or illegal acts, including fraud Or defalcations, may exist md not be detected by us. We will Luform you, however, of any matters of that nature that come to our attention, and we will include such matters in the reports requffed for a Single Audit. Our responsibihty as auditors is limited to the period covered by our audit and does not extend to matters that might arise during any later periods for which we are not engaged as auditors. We understand that you will provide us with the basic information required for our audit md that you are responsible for the accuracy and completeness of that in.formation. We will advise you about appropriate accounting principles and their application and will assist in the preparation of your financial statements, but the responsibility for the financial statements remains with you. This responsibility includes the maintenance of adequatei records and related internal control structure policies and procedureS, the selection and application of accounting principles, and the safeguarding of assets. We understand that your employees will type all cash and other confirmations we request and will locate any invoices selected by us for testing. ! The work'papers for this engagement are the property of Hoyman, Dobson & Company, P.A. and constitute confidential information. However, we maY be requested to make certain workpapers available to the Depamnent of Community Affairg pursuant to authority given to it by law or regulation. If requested, access to such worlcpapers will be provided under the supervision of Hoyman, Dobson & Company, P.A. personnel. Furthermore, upon request, we may provide photocopies of selected workpapers to the Department of Conunun/ty Affairs. The Department of Community Affairs may intend, or decide, tO distribute the photocopies or information contained therein to others, including other governmental agencies. Our fee for each of the fiscal year 2000 and 2001 aud is required, there will be an additional fee of $3,125 rendered each month as work progresses and are pay~ the accounting department preparing the audit sche~ assumption that unexpected circumstances will not ts will be $27,465 per year. ifa Single Audit per year. Our invoices for these fees will be [ble on presentation. These fees are based on [tries outlined in Appendix A and B and the be encountered during the audits. Should it appear we would be required to perform any services your personnel have been assigned, to allow for an efficient and timely engagement, or if we see areas where the task undertaken is not as anticipated, we will consult with you to determine if our finn or your staff will take the action necessary to complete the assignment. We will provide a Supplemental Service Agreement (Appendix C) for your signature and authorization if we are requested to complete the supplementary services. City Council City of Sebastian Page Three Parties to this engagement agree that any dispute that may arise regarding the meaning, performance, or enforcement of this engagement will, prior to resorting to litigation, be submitted to mediation upon the written request of any party to the engagement. All mediations initiated as a result of this engagement shall be administered by the American Arbitration Association (AAA) and in accordance with the 'Mediation Rules for Professional Accounting and Related Disputes' as then adopted by the AAA. The results of tkis mediation shall be binding only upon agreement of each party to be bound. Costs of any mediation proceeding shall be shared equally by both parties. Our team members who work on this engagement represent an inventory of skilled professionals who are an asset to our finn. In the evem that a Hoyman, Dobson & ComPany, PA team member becomes au employee of the City of Sebastian, you agree to pay us a fee. This fee will be thirty five percent (35%) of the team member's annual salary and is due and payable immediately upon our loss of the team member. This fee is payable if you hire our team member, on either a permanent, temporary or consulting basis within six months after the last day of this engagement. We appreciate the opportunity to be of service to the City of Sebastian, Florida and believe tkis letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described ~a this letter, please sign the enclosed copy and return it to us. Deborah A. Bradley f_f Hoyman, Dobson & Company, P.A. RESPONSE: This letter correctly sets forth the understanding of the City of Sebastian, Florida. BY: TITLE: DATE: APPENDIX A CITY OF SI-'BASTIAN AUDIT SCHEDULES TO BE PREPARED BY CLIENT ON OR BEFORE NOVEMBER 15 1. Trial balance for each fund. 2. List of all aUomeys (including addresses) used by the City during the fiscal year. 3. List of all 'known possible contingencies at year end. 4. List of all bank accounts opened and/or closed (including addresses)during the fiscal year. 5. The following forms reviewed and updated by the City: a. Internal control procedures forms and b. Microcomputer system control form. 6. Copies of the approved budget, any amendments to the budget and a copy of the advertisement announcing final public hearing for the budget. 7. Copies of all grant documems for which monies were received or expenditures made during the fiscal year. 9. Beghufing and ending check numbers for all bank accounts. 10. Review and update confirmation listing for additions/deletions and address corrections. 11. Bank reconciliations for all bank accounts. Schedule of allocation of consolidated (SBA) account. Schedute ofinterbank transfers. 12. Schedule of allocation of interest earnings ~rom consolidated (SBA) account. Schedule of interbank transfers. 13. Schedule of accounts receivable for all funds as of September 30. 14. Property and equipment reconciliation including current year additions and deletions. 15. Depreciation schedule for enterprise funds including current additions and deletions. 16. Analysis of' due from and due to other fund accounts. 17. Analysis of operating transfers in and out to other fund accounts. 18. Analysis of accrued wages and compensated absences. 19. Analysis of all reserved and designated fund balance accounts. ! 20. Analysis of investments in general fixed asse~s including additions and deletions. 21. Analysis of general long-term debt account gi:oup, including additions and deletions. 22'. Employee and employer contributions for all[pension plans for the fiscal year. 23. Payroll reconciliation to payroll tax returns i~cluding salaries and payroll taxes. 24. Budget versus actual comparison. 25. The items on Appendix B for compliance wit a Florida Laws. APPENDIX B CITY OF SEBASTIAN COMPLIANCE WITH FLORIDA LAWS DOCUMENTATION TO BE PROVIDED BY CLIENT Our tentatively scheduled start date for preliminaw fieldwork will be in the first week of September. We would like to beg'in testing compliance with Flor/da laws at that time. DESCRIPTION OF ITEMS NEEDED Finance 1) One copy of the cover letter and certified mail receipt sent with each of the following: a) Two copies of annual audit (prior fiscal year) with management's written response to the Office of the Auditor General, Annual Financial Report (pr/or fiscal year) filed with the Division of Banking and Finance and Police and fire fighters state pension repons (current fiscal year) - state law plan and local law plan. b) c) 2) One copy each of the following reports with copies of the certified mail receipts filed with the State Division of Bond Finance for each bond sale: a) Advance notice of bond sale, b) Bond information form, c). Bond disclosure form - competitive sale and d) Bond disclosure form - negotiated sale. 3) One copy of Treasury Form for public deposits with a copy of the certified mail receipt for the current fiscal year. 4) Copies of the general ledger for each fund that has incurred significant travel and entertainment expenditures for the cun'ent fiscal year. In addition, the related expense files to support these amounts. 5) One copy of the Budget Adoption Schedule for the next fiscal year. 6) One copy of the resolution or ordinance adopting the budget for the next fiscal year. a) Millage rate and b) Budget 7) One copy of the cover letter and certified mail receipt sent with the above mentioned resolutions or ordinances to the following: a) Property Appraiser, b) Tax Collector and c) Department of Revenue APPENDIX B CITY OF SEBASTIAN COMPLIANCE WITH FLORIDA LAWS DOCUMENTATION TO BE PROVIDED BYCLIENT PAGE TWO ~) 9) One copy of thc complete TRj2VI Compliance Certification package with a copy of the certified mail receipt a) Certification ofcompliauce D2.-457, b) Certification of taxable value DR-420, c) Ordinance/resolution adopting millage rate, d) Ordinance/resolution adopting budget, e) Final budget hearing ad, f) Proof of publication from new!paper, g) Budget summary ad (entire page from newspaper), h) ?roof of publication of budget!summary ad and, i) Copy of final DR-422, if issued. One copy of the letter of receipt and compliance from the Department of Revenue regarding TRIM compliance. One copy'of the letter/report received from the Supervisor of Elections or Commission on Ethics indicating the City officials who filed fmaucial disclosure forms for the current fiscal year. I 1) One copy of the Contraband Quarterly Reports for the current fiscal year. APPENDIX C HOYMAN, DOBSON & COMPANY, P.A. SUPPLEMENTAL SERVICE AGREEMENT Client Proposed by Year Ended Date Prepared At this time we anticipate having to perform the follow/ng services in order to complete your year end and financial statements: Reason for requiring the change order Nature of work to be performed Discussion with client Estimated cost of change/additional work Estimated Estimated Accountant Rate Hours Totals 'You will be billed for the actual time expended on the services at our normal hourly rates. The terms and conditions of payment will be the same as in our engagement letter. Any revision of timetable Approved: Accepted: Manager Client Director Date HD-70 Page 1 of 2 9/96 APPENDIX C SUPPLEMENTAL SERVICE AGREEMENT PAGE 2 Rejected: Manager Director Date: Reason: RejeCted: Client: Date: ! do not want Hoyman, Dobson &: Company, P.A. to 'do the additional services required. I will be responsible for getting our personnel to perform the services. I realize that this will cause a delay in delivery of our financial statements and tax returns. HD-70 Page 2 of 2 9/96 SEBASTIAN POLICE DEPARTMENT 1201 Main Street Sebastian, Florida 32958 Telephone 561/589-5233 FAX 561/589-2207 (24 hr) - FAX 561/388-1872 (Admin.) SUBJECT: School Resource Officer Program Agenda No. : 00, ~ Department Origin : Police : ,, 4 ooo for Subm~ Ex~ib~: Copy of proposed contract between the City of Sebastian and the Indian River District School Board Expenditure Required: Amount Budgeted: Appropriation Required: N~ ~A N~ SUMMARY STATEMENT As it does with the Indian River County Sheriff's Office, the School Board of Indian RiVer County has agreed to enter into a contract with the City of Sebastian to fund half the salary related costs of the Police Officer, who is assigned full time as the School Resource Officer (SRO) for the two elementary schools within Sebastian's city limits; Sebastian Elementary and Pelican Island Elementary schools. Per this agreement the SRO will allocate half of his on duty time at each school during the regular school year and perform the SRO related duties, as specified in said contract. As specified on the last page of the attached proposed contract, under this agreement the ;School Board will pay the City of Sebastian $20,000, as half of the salary related costs, plus $500, toward certain required SRO training costs of the assigned Officer, William Jursik, for a total of $20,500. Said contract, upon mutual agreement between the two parties, may be renewed on a year to year basis. RECOMMENDED ACTION Author'me the City Manager to enter into a contract With the School Board of Indian River County to provide a School Resource Officer, to be shared by Sebastian Elementary and Pelican Island Elementary schools, pumuant to the terms of the attached proposed contact, for the 2000/2001 school year. ACJLEEMENT BETWEEN THE SCHOOL BOARD OF INDIAN RIVER. COUNTY, FLORIDA THE CITY OF SEBASTIAN POLICE DEPARTMENT FOR THE SCHOOL RESOURCE OFFICER PRO~ (SRO) TI-IIS AGREEMENT, made and entered into this day of ,2000, by and between THE SCHOOL BOARD OF INDIAN RIVER COUNTY, FLORIDA, (hereinafter referred to as the SCHOOL BOARD), aud THE CITY OF SEBASTIAN POLICE DEPARTMENT, (hereinafter referred to as the DEPARTMENT). WITNESSETH: The School Board and the Department desire to provide law enforcement, counseling, and law-related educational service program.q to the schools located within the City of Sebastiarh as defined in F.S.S. 230.2318 and F.S.S. 233.0663; and, It is mutually agreed that a continuation of the School Resource Officer Program for the school system ofhadian River County, is in the best interest of the student population, the Indian River County School board, the City of Sebastian Police Department, and the citizens of Indian River County, Florida as hereinafter described; and, The School Board and the Department recognize the 'potential outstanding benefits of the School Resource Officer Program to the citizens ofludian River County, Florida, and particularly to the students of the school system ofrmrtlun River County, Florida. NOW THEREFORE, in consideration of the mutual promises and covenants herein contained, the School Board and the Department hereby agree as follows: A School Resource Officer Program is hereby established in the school system of Indian ~er County, Florida, for twelve months per yea~. ~ ~_ARTICLE H Rights and Duties or,he Department The Department shall provide a School Resource Officer (SRO) who will equally divide his/her time between the two elementary schools located within the city limits of Sebastian; Pelican Island Elementary School and Sebastian Elementary School. The SRO will, in addition to the other duties delineated in this contract, become a certified DARE Instructor and present the DARE Program in each elementary school The progr~n shall be in accordance with F.S.S. 233.0663, FDLE standards, The SRO shall be assigned to the schools on a full-time basis of eight (8) hours on those days and during those hours that school is in a session. The SRO may be temporarily reassigned to other police duties by the Department during school holidays, vacations or during a period of any law enforcemem emergency. Duties of School Resource Officer, as defined in F.S,S. 230.2318 are: The School Resource Officer sh~:l abide by school board policies smd shall consult with smd eoordimte activities through the school principal or his/her designee. The SRO shall be respons~le to the law enforcemem agency in all matters relating to employment. Activities conducted by the school resource officer, which are part of the regular instructional program of the school, ~ be under the direction.ofthe prine/pal or his/her designee. , 2. To perform law enforcement fimetions within the school setting. To identify and prevent, through :ounseling and referral, delinquent behavior, including substance abuse. 4. To foster a better understanding of the law enforcement function. 6. 7. 8. To develop positive concepts of law enforcement. To develop a better appreciation Of citizen rights, obligations, and respons~ilities. To provide information about crime prevention. To provide assistance and support for crime victims identified within the school setting, including abused children., To promote positive relations betWeen students and law enforcement officers. 10. To enhance knowledge of the fun ~aental concepts and smacmm of law. 11. 12. 13. 14. 15. 16. 17. 19. 20. 21. Whe~ requested by the principal or his/her designee, the SRO may attend any school- related activity (Lc., faculty, parent meetings, special functions, etc.). The duty must be approved by the SRO's police supervisor, ff overtime is required. The SRO shall make himself/herself available for conferences with students, parents, and faculty members in order to assist them with problems. When in a counseling capacity, the SRO will be subject to all confidentiality issues pursuant to Chapte~ 39, F.S.S. and confidentiality rules and ethics ~s accepted and defined in state laws and professional standards. The duty must be approved by the SRO,s poliee supervisor, ffovertime is req .uir~. The SRO shall become ~ with all comm~ agencies which offer assistance to youths and their families, such as, mental health clinics, drug treatment centers, em. The SRO shall make referrals to such agencies, when necessary, thereby a~g as a resource person to the students, faculty, and staffofthe school The SRO shall develop expertise in presenting various subjects to the students. The SRO shall assist the principal or hi~/her designee in developing plans and strategies to prevent and/or m'mknize dangerous situations which may result from student unrest and emergency situations. Should it become necessary'to conduct formal laW enforeemem investigative interviews with the students, the SRO shall adhere to rules and guidelines set forth in the Florida State Statutes. The SRO shall take law enforcement action as required. As soon as practicable, the SRO shall make the principal or his/her designee aware of such ac~tion- At the principal's or his/her designee' s request, the SRO shall take appropriate law enforcement action against intruders and unwanted guests who may appear at the school or related school ftmetions. The primary function of the SRO is not a campus Law Enforcement Officer. The SRO shall give assistance to other police and/or deputy sheriffs in matters regarding his school assignment, whenever necessary. The SRO will also act, when necessary, as a liaison between his/her school mad other government agencies (i.e., law enforeeme~ HRS, State's Attorney, etc.). The SRO will submit reports and statistical data, as necessary. The SRO shall not act as a school disciplinarian, as disciplining students is a school respons~ility. However, if the pr/neipal or his/her designee believes an incident is a violation of the law, the principal or designee shall contact the SRO and the SRO shall then determine whether law enforcement action is appropriate. School Resource Officers are not to be assigned lunchroom duties, security posts, hall monitors, truancy, or other monitoxiag duties. If there is a problem area, the SRO may assist the school until the problem is solved. The SRO w~l perform duties outside the school as needed (i.e., court, depositions, vacation, etc.). training, 22. 23. The SRO w/Il perform his/her duties in the police department's regular duty uniform Civilian clothes may be worn with the approval of the SRO's police supervisor. Ail law +,,fractions wgl be reported to the SRO by all school personnel Rights aud Duties of the School Board The School Board shall provide to thc full-time SRO the fonowing mat~fls and facilities whioh are deemed necessary for the performance of his/her duties. A secure and private office located as close to the principal's or designees office as possible. The SRO will be the only one assigned to the office due to the sensitive and confidential infomation mainmbaed within. The office will be voice secur~ for purposes ofinterviews and counseling. The office will contain the fonowing materials and equipment. 4. 5. 6. 7. 8. Alt conditioning Access to student records and modem a to Police Department and Sheriffs Office programs, if available, as needed in performance of the SRO function. Desk and chair A locking file cabinet Office supplies as requested Access to a phone Secretarial/clerical assistance. it is imperative that SRO's be able to communicate with school personnel on their radio frequencies. If the SRO's school is utOtem, lng a frequency band .not compata'bie with the SRO's issued radio, the school will provide the SRO with a radio, A suitable laptop computer ARTICLE IV Bb Financing of the S. choOl Resource Office Program The School Board and the Department agree tO share in the overall costs associated with the School Resource Officer Program The School Board agrees to provide for 50% of the overall costs of the SRO Program The mount funded will be negotiated each year prior to July 1 st. The amount to be paid to the City °f Seba ~an by the School Board during school year 2000/2001 is specified in Addendum "A", dated 6/5/.2000, which by this reference is hereby incorporated as part of this contract. Terms ofsuchpay, aent shall be negothted between the School Board and Any vehicle or equipment leased, rente h or donated to the Department for use in the SRO Program shall become an asset of the Department aud; therefore, will be subject to the Department's rules, regulations, and poli~ govemiug Use. Once the vehicle or equipment has been d~signated for use by the SRO, it will be used expressly by the' designated SRO or the Departmentf ARTICLE V Employment Status of School Resource O~cer School Resource Officer shall remain an employee of the City of Sebastian Police Deparment and ~ not be an employee of the School Board. The School Board and the Department acknowledge that the School Resource Officer s~ remain responsive to the cha~ of cormnand of the City of Sebastian Police Dep~nent. ARTICLE VI Appointment and Tr~fing of School Resource Officers Appoimrnent of School Resource Officers will be made solely by the Department in accordance with Department Office policy. School Resource Officers win receive ~raining in the fono ffavailable: Attorney Oeneral's Basic SRO Program. Additional A~tomey General's training to ~16~! SRO Prac~oner requirements. FDLE DARE Instmotor's Course ATF's G.R.E.A.T. Instructor's Course. The Indian River Coumy School Distri"~ should make a reasonable effort to secure state funding for the annual FASRO (Florida Association of School Resource Officer's) Conference. If such funding is not available, the expense incurred will be shared equslly by the two entities (lodging, food, registration and U'avel). Expenses to the District shall not exceed $500. annually for.this conference. ARTICLE VII D~m~.~sal of School Resource Officer; Replacemen~ In the event the principal of the school, to which the SRO is assigned, feels that the particular SRO is not effectively performing his or her duties and responsib'~ies, as outlined in F.S.S. 230.2318, the principal shall bring their concerns to the attention of the Department. If the problem(s) can not be otherwise resolved, the SRO may be reassigned and replaced. .1. If the Department so desires, the principal shall meet withthe SRO and his/her immediate supervisors to mediate or resolve any problems which may exist. At such meeting, specified members of the staffofthe school may be required to be present. I/~ within a reasonable amount of time after commencement of such mediation, the problem cannot be resolved or mediated, then the SRO shall be removed from the program at the school and a replacement shall be obtained. In the event mediation is not sought by the Department, then the SRO shall be removed from the program at the school and a replacement shall be obtained. The Department may reassign a SRO based upon agency rules and regulations. In the event ofthe resignation, dismissal, or reassignment ora SRO, or in the case of long-term absences by a SRO, the Department Will provide a temporary or permanent relief; as soon as possible. ARTICLE V'~ B. SRO Schedule The SRO will be assigned from the beginning of the school year to the end of the school year. The SRO will perform his/her duties at his/her assigned campus under normal conditions. Any duty must be approved by the SRO's police supervisor, if overtime is required. ARTICLE IX Hold Harmless ~reem~t The City of Sebasrian agrees to defend, indernni~Y, and hold the School Board, ifs employees, and agents harmless from any claim, demand, suit, loss, cost, expense, or damage which may be asserted, claimed, or recovered against, or from the School Board, its agents or employees by mason of any damage to property or personal injury including death sustained by any persons whomsoever, and which damage, injury, or death arises out of; or is incident to, or in any way connected with, the performance ofthis agreement and the performance by the SRO in his/her hw enforcement duties. ~ ARTICLE X I Terminution of Agreement This agreement may be terminated by either party upon a sixty (60) day written notice that any other party has failed to substantially perform in accordance with the terms and conditions of ~ Agreement. This Agreemem may be terminated without cause by either party upon a ninety (90) day writtennoriee. Tin'nation of the Agreement may only be accomplished as provided herein. In the event ~ Agreement is terminated, compensation will be made to the Depm'arm~ for ali services performed to the date of termination. The School Board shall be entitled to prorated refund for that pea'loc/of time when SRO services are not provided because of termin~ation of this Agreement. ARTIC Good The School Board, the Department, their agents, fi~l{illlng the terms of this Agreement. Unforeseen difficu the Superintendent's Office and the Department. LE Xi and their emPloyees agree to cooperate in good faith in tries or questions will be resolved by negotiation ~ Modification This document constitutes the full understanding of the parties and no tezn~ condifiom, understandings or agreements purporting to modify or vary the terms of thi~ document shall be binding unless herea/~er made in writing and signed by the party to be charged. ARTICLE XIH Non-Assignment Tlris Agreement, and each and every covenant herein, shall not be capable ofossigrmaent unless the express written consent of the School Board and the Department is obtained. ARTICLE XIV Merger This Agreement consti~es a final written expression of all the terms of this Agreement and is a complete and exclusive statement of those terms. IN WITNESS WHE~OF, the parties have caused this Agreement to be signed by their duly authorized officers. Signed, sealed, and delivered in the presence of: THE SCHOOL BOARD OF INDIAN RIVER COUNTY, FLORIDA Dr. Roger Dearing, Superintendent CITY OF SEBASTIAN Terrenee Moore, City Manager Addendum "A" Salary & Benefits Costs Officer William Jursik # 417 Salary FY 00/01: Cleaning Allowame (PBA Contract): FICA Matching ' Chapt. 185 Retiremem , EAP Health Ins Total Salary Related Costs': Trai~ing & Conference Costs: Overall Cost: 32,235. 540. 2,800. 800. 25. 3,60Q. 40,000. Looo. $41,000. School District Share (50%): City ofSebastian Share (50%): $20,500. $20,500. June 5, 2000 SEBASTIAN POLICE DEPARTMENT 1201 Main Street Sebastian, Florida 32958 Telephone 561/589-5233 FAX 561/589-2207 (24 hr) - FAX 561/388-1872 (Admin.) SUBJECT: COPS IN SCHOOLS Grant Approved Agenda No. : ~(~,//'/~' Department Origin : Police Date Submitted : 618/2000 For Agenda of : 6114/2000 Exhibits: Copy of COPS IN SCHOOLS grant Facts Sheet (2 pages) SRO Duties & Responsibilities & Courses they teach (3 pages) Expenditure Required:. Amount Budgeted: Appropriation Required: None None None SUMMARY STATEMENT The U.S. Department of Justice, COPS Office, has offered a new COPS IN SCHOOLS grant program. Itwill pay up to $125,000, over a 3 ~,ear period,.with no required matching funds, to fund additional School Resource Officers (SRO's) in local schools. These grants can be used to pay for salaries and employee benefits of additional SRO's and for supplies and equipment, including vehicles, used in the per[ormance of the SRO's school related 'duties. If awarded, this grant would allow the Sebastian Police Department to assign new, second officer as an SRO to its existing program, thereby affording each of the two schools within the City's limits a full time SRO. It is planned thatany costs relating to this second SRO position, exceeding the maximum award amount of $125,000, will be paid by the School Board through a partnership arrangement to be implemented during the second and third year of this grant period. As a point of information, under the current ":SRO program, the City and School Board will enter into a partnership beginning October 1, 2000, wherein the salary and benefits costs of the currently assigned SRO will be shared on a 50/50 basis, as is currently being done between the School Board and the Sher'~s Office for the SRO's assigned to the schools 'within the county. The deadline for applications to'be submitted for COPS IN SCHOOLS grants is 6/16/2000. RECOMMENDED ACTION Authorize the City Manager and Police Department to apply for the COPS IN SCHOOLS GRANT. RESOLUTION NO. R=00=34 A RESOLUTION OF THE CITY C()UNCII, OF THE CITY OF SEBASTIAN, FLOREDA, .AUTHOR [ZING THE CITY MANAGER OR HIS DESIGNEE TO APPLY FOR FUND E~G FROM ~ UNITED STATES DEPARTMENT OF JUSTICE COP~ IN SCHOOLS PROGRAM. WHEREAS, the Unites States Department of Justice provides funding oppommities to both state and local governments to finance ancillary police oriented expenses; WHEREAS, ,the City has been advised by the United States Department Justice Community Oriented Policing Services Office of the availability of funds under this program; NOW, THEREFORE'BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA~ as i follows: Section 1. AUTHORIZATION. hereby authorized to apply for funding from the Cops in Schools Program to help offset expens~ services. rte City Manager or his designee is United States Depactment of Justice ~s associated with ancillary police Section 2. CONFLICTS. conflict herewith are hereby appealed. Section 3. EFFECTIVE DATE. upon its adoption. A11 resolutions or parts of resolutions in This resolution shall take effect mediately A motion to adopt the foregoing Resolution was made by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Walter Barnes Couacilmember Joe Barczyk Council.member Ben A. Bishop Couacilmember James A. Hill Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Resolution duly passed and adopted this day of ,2000. CITY OF SEBASTIAN, FLORIDA By: Walter Barnes, Mayor ATTEST: KAY O'HALLORAN, CITY CLERK APPROVED AS TO FORM AND LEGALITY: KtCH STRINGER, CiTY ATTORNEY III I I II I IIII II I I II IIIIIIII IIII II COPS.in Seheels "When our children's safety is at stake, we must take action - and we all must do our part." President Clinton Recent headlines about violence in our schools are resulting in a surge of interest in school safety. Unfortunately, these headline, making crimes are not isolated incidents. The National Center for Education Statistics reported that 74% of middle schools and 77% of high schools reported one or more violent incidents in their school. A recent Center for Disease Control survey' reported that 20% df high school smdants carried weapons in thc la.st month. According to a U.S. Department of Education report, 3,930 students between the ages of $ and 17 were expelled for bringing a gun m school during the 199%98 academic school year. Many communities are discovering that trained, sworn law enforcement officer~ azsig~ed to schools make a difference. Thc presence of these officars provide schools with on-site security and a direct link to local law enforcemant agencies. Community policing officm typically perform a variety of functions within the school. From reaching crime prevention and substance-abuse classes to monitoring troubled students to building respect for law enforcment among students, School Resource Officers combine the functions of law em~ozcament and education. To help hire community policing officers to work in schools, the COPS Office is offering grants to local law enforcement agencies. The COPS in Schools initiative provides an incentive for law enforcement agencies to build working relationships with schools to use community policing efforts to combat school violence. ' The COPS in Schools initiative reduces the local match requirement for law eaforcement agencies seeking to hire additional officers in and around schools. Fmgng ReqWmeats arants will be awarded to provide for a designated portion of ~he .salary and benefits of each new officer over ~'ee year.~. The maximum is $125,000 per offic~ any remainder is paid with ~te or local funds. Funding begins when new officers are hired ~r on the award date (whichever is later). Funds are distributed ~vcr the course of the grant ~OPS ~rents must not replace funds that elig~le agencies ~berwise would have devoted to hire officers in the future. In ~ther words, any hiring under the COPS in Schools pmlp~m aust be in addition to, not in lieu of, officers that otherwise vould have been hired. Grant recipients .must develop a Wriilen plan to retain their COPS-funded officer positions after Federal funding ends. This plan must be submitted with the application. The COPS Office will.monitor the grantee's implementation of it~ written retention plan for One full budget cycle following expiration of the three-year To be eligible m receive funding under this grant program, a~plicants must: be eligible to receive funding ~nder the cun-~t guidelines established for the Universal Hiring Program (UHP); prowae assurance mat me omcers employed under this program will be assigned to work in primary or secondary schools; enter into a partnership agreement with either a specific school official or with an official with general educational oversight authority in that jurisdiction. In addition to these program requirements, applicants must provide a narrative that addresses each of the following areas: Problem Identification and Justification For Example: Problem Identification: Gang violence adjacent to or within schools. Justification: Documentation such as crime data, information on the number of gang member~ in a particular school, number of suspension and expulsions related to gang activities, school survey, and complaints from the community. · , Community Policing Slrate~ies Examples include conflict mediation, mentoring activities, gang mediation, problem solving project~, and mmucy programs. Quality and Level of Commi~aent to Program Examples include the amount of dedicated officer hours deployed to school activities, the duration and quality of the proposed program, evidence of previous successes, and a description of the impacted or targeted areas. · L~k to Community Policing Information on how proposed activities are linked to an overall organizational community policing stretch. In addition, all applicants must submit a memorandum of understanding (MOU) for the COPS in Schools Grant Program. The MOU, which must be signed by both the Law Enforcement Executive and the School Official with general educational oversight, is an agreement between the parties involved whose purpose is to define the roles and responsibilities of the individuals and parmer~ involved. All COPS in Schools awards will contain an "Additional Grant Condition" that must be signed and rep. u'ned to the COPS Office. This grant condition requires the funded officer (s) and a school administrator to attend a COPS in Schools Training. The COPS Office will reimburse grant,s for the training, per diem, lravel, arid lodging for attendance of r~q~ir~d participants up to a maximum of $1,100. The next applicnfion deadline is June 16, 2000. Applications must be postmarked by this date to be .considered for funding. This deadline is necessary due to the limited funding available. Applications that are received for this deadline that are not funded this Fiscal Year because of Iimited funding oppormuifies, win be carried over for consideration in Fiscal Year2001. Fer Mere ,nformatlon To obtain a copy of an application or for more information, 'please call the U.S, Department' of Justice Response Center at 1-800-421-6770 or visit the COPS website at www. usdoj.gov/cops/ Departments that have a p~nding application under the Universal Hiring Program and that are inte~sted in applying that request to the COPS in Schools initiative should contact their grant advisor at 1-800-421-6770. Updated' April 21, 2000 e03~'0031 Thc School Resource Officer shall abide by school board policies and shall consult with and coordinate activities through the school principal or his/her designee. The SRO shall be respons~ole to the law enforcement agency in all matters relating to employment. Activities conducted by the school resource officer, which are part of' the regular instructional program of the school, shall be under the direction of the principal or his/her designee. To perform law enforcer functions within the school setting. To identi~ and prevent, through counseling and referral including substance abuse. To foster a better understanding of the law enforcemem function. To develop positive concepts of law enforcement. delinquent behavior, 6. 7. 8. .10. 11. 12. 13. 14. 15. 16. TO develop a better appreciation of citizen rights, obligations, and responS~ilities. To provide information about crime prevention. To provide assistance and support for crime victims identified within the school setting, including abused children. To promote positive relations between students and law enforcement officers. To enhance knowledge of the fundamental concepts and structure of law. When requested by the principal or his/her designee, the SRO may attend any school- related activity (i.e., faculty, parem meetings; special functions, etc.). The duty must be approved by the SRO's police supervisor, If overtime is required. The SRO shall make himself / herself available for conferences with students, parents, and faculty members in order ta assist them with Problems. When in a counseling capacity, the SRO will be subject to all confid~atiality issues pursuant to Chapter 39, F.S.S. and confidentiality roles and ethics as accepted and defined in state laws and professional standards. The duty must be approved by the SRO's police supervisor, if overtime is requ/red. The SRO shall become familiar With all community agencies which offer assistance to youths and their families, such as, mental health clinics, drug treatment centers, etc. The SRO shall make referrals roi such agencies, when necessary, thereby acting as a resource person to the students, fiaculty, and staffofthe school. The SRO shall develop expertise/n presenting various subjects to the students. The SRO shall assist the principal or his/her designee in developing plans and strategies to prevent and/or minimiTe dangerous situations which may result from student unrest and emergency situations. Should it become necessary to conduct formal hw enforcement investigative interviews with the students, the SRO shall adhere to rules and guidelines set forth in the Florida State Statutes. Page 2 of 3 17. 18. 19. 20. 21. 22. 23. The SRO shall take law enforcement action as required. As soon as practicable, the SRO shall make the principal or his/her designee aware of such action. At the principal's or his/her designee's request, the SRO shall take appropriate law enforcement action against intruders and unwanted guests who may appear at the school or related school functions. The primary function of the SRO is not a campus Law Enforcement Officer. The SRO shall give assistance to other police and/or deputy sheriffs in matters regarding his school assignment, whenever necessary. The SRO will also act, when necessary, as a llai~qon between lzis/her school and other government agencies (i.e,, law enforcement, HRS, State's Attorney, etc.). The SRO will submit reports and statistical data, as necessary. The SRO shall not act as a school disciplinarian, as disciplin~ students is a school responsib'flity. HoWever, if the principal or his/her designee believes an incident is a violation of the law, the principal or designee shall contact the SRO and the SRO shall then determine whether law enforcement action is appropriate. School Resource Officers are not to be assigned lunchroom duties, security posts, hall monitors, truancy, or other monitoring duties. If there is a problem area, the SRO may assist the school until the problem is solved. The SRO will perform duties outside the school as needed (i.e., court, training, depositions, vacation, etc.). The SRO will perform his/her duties in the police department's regular duty uniform. Civilian clothes may be worn with the approval of the SRO's police supervisor. All law infractions will be re'ported to the SRO by all school persomael. Instructional Duties In addition to the above duties, School Resource Officers teach students a variety of courses. Listed below are the courses to be taught by Sebastian's School Resource Officers: D.A.I~E, (Drug Awareness and Resistance Education: 18 week nationwide program designed to educate students, beginning in the 5th grade, about drug abuse and its prevention. G.R.E.A.T. (Gang Resistance Education & Training: 18 week nationwide program designed to educate students, beginning in the 5th grade, about gangs and how to resist them. In addition to the two long-term courses listed above, SRO's also teach a variety of short courses to students in all of the grade levels at their assigned schools. On the next page is a listing of these short -term courses. Classes currently bein~ ¢ondueted.~ the Se. hod resource.t~roarnm 1. Bicycle Sofety: How to be defensive bike rider. BLce laws and helmet laws. Con~im of a bike 2. Trafl'~ control deviCes: What each traffic control devices mean, what they look like. $0 mia 3. Police ~ This lesson teach~ kids the function of a road patrol officer. $0 rolo 4. Emergency 911: This lesson shows the ftmc~tion of the 911 system. ~0 mia S. Life inside: This lesson shows students life imidethe Florida correctional system. S0 6. Project Citizen: This class gets students involved in the tommunity by having the students deal · with state and loeal go~rnment. S - ~0 mln 7. ~.~D,D.: sehool Kids Agai~it Dl'llnic DI'iV~ This ]e~tson silows kids the dango~ of drlnk'in~o and drive,. $0 mln 8. "Shake hands not baby,s ': This lesson shows students what shaking a baby can do. 9. In a Fhuh: This is a peer prenure lesson which shows students what can happen when conflicts get out of control Students also see what they can do to avoid violenee~ ~0 mln 10. "WOW "it's a weapon: this is a lesson which shoWs students what tan and cant be used as a westport, and what to do if they see someone with a weapon. $0 11. School Law: This teaches students that law exists above state laws and how they can avoid v olathg then SO 12. Stranger dange~ This shows students how to be respansible for their own safety and not to go w th ar sp tostrangtr S0 mln 13. Run away Prevention: This shows mldents there is an alternative to rm~nlng away. ~0 mln 14. Say No To Tohaeco: This lesson shows students the risks of tobacco use and national death and health care cos~ 60 mia 15. "Just Say No TODrugs,: This lesson shows students the l~sks of using illegal drugs and the long term effects. 60mia 16. "Being meand Drug Free': This is also a lesson ~o show how productive you can be ifyoo don't use drugs. 60 mia 17. ~Pr~mlflan: What to do if your clothing catehe~ fire and how to prevent fires. $0min 18. The crime Game: This class shows smdonts the Long term effects of being arrested and how it will effeet your fumre~ ~0min 19. DOmestic Violence: This lesson shows students how to communicate with your family wi~ Ollt getting in a fight. 50 20. Seat Belts: This lesson shows students how seat belts will save your life if yon are involved in a crash. $0min 21. Personal safety: This shows students that taking the short cut doesn't always save llme and yoo can get hark 60 22. Law related Education: Shows students how the jUdieial system works and how laws are made and enforced. 2- 50 mia classes 23. Gangs and viOlence: This shows students The lift] of crime gang members lead and how they are coHtinUOllSly ~ 50 mln 24. School Violenee~ Uaw the increase in school viale~ee has effec-t~ the edutational syste~ 50 mln 25. Bully's: How being a bully effects other students and how you can raise your self esteem so you are not a bully. 60 mia 26. t~roblem Solving, Creative.Differences: Row to de~[ with pcerpressure and how to deal with every day problems you are confronted by. 60 m~ 27. lqtttng ~:. X program about peer relation and inflnen~ 6O 28. Character Counts: This lesson shows students how their character is a great infiuenco on their pcer~ and company, 60 29. Thought, Word, Deed: Character through respect and responsibility for self and others. 60 mln 30. Alcohol Abuse: The effects of extended and short term use. Family problems that develop. $0 mn 31. Healthy Choices: This shows students how eating[correctly will give you more energy and help you live a healthy llfe. 60 mia 32. Eddie Eagle: Gun Safety Shows students what to do if they fmd a gun or any type of weapon during their every day life at home or at school ~ 50 mia clusses 33. ~ control: Relps students gain self control, which creates an ideal eAass room atm. osphere. ~0 m [ I I I I I I I I I I I I I I I I I I SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JUNE 14, 2000 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. Mayor Barnes called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was recited, Invocation was given by Mark Snell, Member of Cornerstone Baptist Church ROLl. CALL City Council Present; Mayor Walter Barnes Vice Mayor Ben A. Bishop Mr. Joe Barczyk Mr. Edward J. Majcher, Jr. Mr. James Hill Staff Present; City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Maio Regular City Council Meeting June 14, 2000 Page Two AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon a majority vote of City Council members (R-99-21) PROCI,AMATIONS. ANNOUNCEMENTS AND/OR PRESENTATION,~ Ao Presentation of Certificate of Appreciation - Elizabeth Griffin-Brauer - Code Enforcement Board /;43 Lions Club of Sebastian, inc. 4th of July Committee - Proposal for Event (City Manager Transmittal 5/31/00, Osmundson Letter) /~ ~. /p.~L..~-~ . 75th Anniversary Committee Presentation ~ . ' '-- ' '""~tRo ~ ~..1~. ~ ....,.- St. Johns River Water Management District Presentation - Water Levels ._._,-~.~_~_~_~~' Evan Tullus - Florida State Dept. Of Management Services (Purchasing Division) In Partnership with Nations Bank - Purchasing Card Program CITY ATTORNEY MATTERS A. Discussion Relative to Policy on Park Use 8. CITY MANAGER MA~'Lr']'F.~ts Discussion Relative to Permits Being Issued for Fireworks Bo Authorize Mayor to Sign Letter Approving Distribution"~~--------~of~'~~ Federal Fiscal Year 2000/2001 Funds Allocated for Local Anti-Drug Abu~Je-13ro~a~R.C. B-~*~T'C~J~ommissioners dated 6/6/00) CITY CL. ER~ MATTERS 10. CITY COUNCIL MATTERS A. Mayor Barnes B. Vice Mayor Bishop C. Mr. Barczyk D. Mr, Hill E. Mr. Majcher 11. CONSENT AGENDA All items on the consent agenda am considered routine and w~l be enacted by one motion. There will be no separate a~'scussion of consent agenda items unless · member of City Council so requests' in which event, the item w~l be removed and acted upon separately. A. Approval of Minutes - 5/24/00 Regular Meeting, 5/30/00 Special Meeting B. Craft Club of Sebastian - Request for Use of Riverview Park for 2000/2001 Annual Craft Shows (City Clerk Transmittal 5/24/00, Craft Club Letter) C. Hamilton Request for Use of Riverview Park Electricity - 8/12/00 (City Clerk Transmittal 5/30/00, Hamilton Letter) D. Pastor Littleton Request for Use of Riverview Park Electricity - 6/25/00 (City Clerk Transmittal 6/5/00, Littleton Letter) E. Capt. Phillips Request for Use of Riverview Park on 6/24/00 from 9:00 a.m. - 11:30 a.m. for Kid's Fishing Adventure (Capt. Phillips Letter 6/7/00, event information) F. Council Acknowledgement and Consent to Correct Scrivener's Error in the Airport Lease with Orange Peel Enterprises, Inc. to Reflect a Five Acre Parcel Bearing 532 Feet of Frontage on Roseland Road (City Attorney Transmittal 6/5/00) G. Authorize Payment for City Attorney Travel for Attendance at Annual Meeting of the Florida Bar to be Held June 21-25, 2000 in Boca Raton (City Attorney Transmittal 6/6/00) ,_oYe to Adopt Resolution No, 1:[-Q0-33 for Publix Indian River Sqbdivision Final Plat (Re~ol!jtion 00-33. Application, Final Plat & Location Map atta. cJ3ed) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS PUBLIX INDIAN RIVER SUBDIVISION LOCATED AT THE NORTHWESTERN CORNER OF THE INTERSECTION OF U.S. HIGHWAY 1 AND BARBER STREET; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. 12. PUBLIC HEARING Procedures for pub~c hea#ngs: (R-99-21) , Mayor Opens Heatfng · Attorney Reads Ordnance or ResoluUon · Staff Presenta#on ° Pub#c Input - Umit of Ten Minutes Per Speaker · Staff Summation Mayor Closes Heatfng · Coundl Action Anyone VHshing to Speak is Asked to Sign Up before the Meeting, When Called go to the Podium and State His or Her Name for the Record First Readirlg of O.r~Jipa,ce No, O-00-14 - Amending Time for Moorin0 ~0~ts to City Docks - Secor)~l Reading and Public Hearing (Police Chief TransmittaLS/31/00. O-00-14 as Revised) AN ORDINANCE Of THE CITY Of SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 110-44, PERIOD OF MOORING TO MUNICIPAL DOCKS AND PIERS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE, (1st Reading 5/10100, Advertised Legal 5/31/00) OrdJnan~ Ho. O;00-15 - Adopting New Land Development Code - Se(~)pd Readin(~ and Second - Public HearJng-(-Gr(~b_Mana(~ement Transmittal 6/6/00, O-0015, Revised Page~ AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REWRITING CITY CODE CHAPTER 20A, THE LAND DEVELOPMENT CODE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (1st Reading and 1st PH 5/24/00, Adverlised Display 5/17/00 and 6/7/00) 13. .QUASI-JUDICIAL PU B.[.IC .[r"l EARING (Procedures am on back of agenda) Resolution No. R-00-3~ - Site Plan and Preli~jo~ry Plat Approval for Charter ~chool in Chesser~ - Gap PUD((;) (Growth Manage~tent Transmittal 6/7/00. R-00-3!, Application. Staff Report. P&Z Minute_s, preliminary Plat/Site Plan & Location Map attached) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING A SITE PLAN AND PRELIMINARY PLAT FOR THE SEBASTIAN CHARTER JUNIOR HIGH SCHOOL WITHIN CHESSER'S GAP PUD; PROVIDING FOR CONFLICTS HEREIVVTH; PROVIDING FOR EFFECTIVE DATE. ]0 14. INTRODUCTIObl QF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered with/n the previous six months which is not otherwise on the agenda ~ sign- up required - limit often minutes for each speaker ]! 15. 16. 17. COMMITTEE REPORTS/RECOMMENDATIONS OLD BUSlI~IE~S_ None NEW BUSINESS A. Consider City Council Member Attendance at Florida League of Cities 74th Annual Conference in Ft. Lauderdale (City Manager Transmittal 6/1/00, Tentative Program Overview) Resolution No, R-00-31 - FDOT Public Transportation Joint Participatioll_Agreement/Runway Lighting (MIl31.) ~l~d Airfield Security Fencing {City Manager Transmittal 5/22/00. R*00-31) a RESOLUTION Of THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT FOR THE PURCHASE AND INSTALLATION OF RUNWAY LiGHTiNG (MIRL) AND AIRFIELD SECURITY FENCING WITH GATES; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. ]3 Authorize Mayor to Execute Interlocal Agreement Between Indian River County and City of Sebastian Granting $20,000 Allocation from Florida Boating Improvement Fund for Boat Dock/Viewing Area Along indian River Drive (City Mangager Transmittal 5/31/00,1nterlocal Agreement) 14 Authorize City Manager to Execute Engagement Letter with Hoyman, Dobson & Company, P.A. for Audit Services for the Fiscal Years Ending 9/30/2000 and 9/30/2001 (City Manager Transmittal 6~5/00, Engagement Letter between City of Sebastian and Hoyman,Dobson & Co., P.A.) Authorize City Manager to Enter into Contract with School Board of Indian River County to Provide a School Resource Officer to be Shared by Sebastian Elementary and Pelican Island Elementary Schools (Police Department Transmittal 6/5/00, Proposed Contract Between City of Sebastian and indian River District School Board) Resolution No. R-00-34 - Au. tl3odze City Manager and Police D~l~artment to Apply for the COPS IN SCHOOLS GRANT (GrantFacts Sheet (2). SRO Duties. Respoqsibilities & Courses Taught (3) a RESOLUTION Of THE CITY COUNCIL Of THE CITY OF SEBASTIAN, FLORIDA, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO APPLY FOR FUNDING FROM THE UNITED STATES DEPARTMENT OF JUSTICE COPS IN SCHOOLS PROGRAM. 18. ADJOURN ~ tneetings shall adioum at 10:30 r~,[~ unless extended for up to one h{~# l?gpr by a majorftv vote of City C~)uL?£iO 17 PROCEDURES FOR QUASI-JUDICIAL HEARINGS IN ACCORDANCE WITH RESOLUTION NO. R-99-12 A. Sweadng of wJ~esses. Any person presenting factual information to theTribunal during the hearing shall be swom. The administration of the oath or affirmation shall be done by the Clerk of the Tribunal on the record at the time the person comes to the podium. Citizens wishing to merely express an opinion in favor or opposition to the matter at hand, and agents of the applicant (such as an attorney) merely advocating the applicant's position, need not be sworn. B. AdmissibiltY of Evidgrlce. The City Attomey, upon an objection raised or upon his own accord, shall determine if any evidence sought to be presented is inadmissible. This determination may be over-ruled by a majority of the Tribunal upon a motion by any member thereof. Otherwise, the Presiding Officer of the Tribunal shall for the record receive any evidence presented and the same shall be maintained in the custody of the City Clerk. C. TiMe Limitations. The traditional practices of the Chair in presiding over the smooth conduct of the hearing, encouraging precise and relevant presentations, shall provide guidance as to limitations on the length of presentations and the redundancy of witnesses. However, as appropriate, the Tribunal by majority vote may set limits on the length of presentations and the number of witnesses on a case-by-case basis. D. Disclosur~ of Ex-Parte Communication. At the time the Presiding Officer opens the hearing, members of the Tribunal shall disclose ex-parte communications in accordance with law. following order: 1. 2. 3. 4. questions. 5. questions. 6. public. 7. 8. 9. Order of Presentation.After the Presiding Officer opens the hearing, the matter shall proceed in the The applicant or his agent shall make a presentation in favor of the request. The staff shall present its findings and analysis. The Tribunal shall ask questions of the applicant and staff as it sees fit. The floor shall be opened to anyone in favor of the request who wishes to speak or ask The floor shall be opened to anyone opposed to the request who wishes to speak or ask The applicant is provided an opportunity to respond to any of the issues raised by staff or the Staff is provided an opportunity to summarize its position. The Tribunal deliberates the request, asking such questions as it sees fit. The Presiding Officer then entertains a motion and the Tribunal acts. Section ~, APPLICATION. Due to the evolving nature of this area of the law, these procedures shall be utilized in the conduct of headngs on matters that are determined to be quasi-judicial under the laws of the State of Florida. \wp-min\quasi.pro ]8