The URL can be used to link to this page

Home My WebLink About0927200000.178 00.207 SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, SEPTEMBER 27, 2000 -7:00 P.M, CITY COUNCIL. CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAYBE 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 Counoil- limit often minutes per spaaker (R-99-21) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. INVOCATION - Police Chaplain Frank Camillo 4. Rou. cAlL · $. AG. EN~ MOplFiCATIONS (ADDITIONS ANDIORDELETIONS) /terns not on the written ~genda may be added only upon a rnajoSb/ vote of CIb/ count8 members (R-99.21) 6. P_ROCLAMATIONS.jANNOUNCEMENTS A_ND/OR PRESENTATIONS A. Senator .Patsy Kurth - PresentatiOn of Check to City of Sebastian .for Florida Recreational Development Assistance Grant from Florida Department of Environmental Protection for Barber Street Sports. Complex Improvements B. Proclamation - National Arts and Humanities Month - Cultural Council of Indian River County 8, 9. crrY A.TTORN.EY MATTERS CITY MANAGER MA~-~ERS CITY CLEIRKMATTERS ClT~ COUNCIL MATTERS A. Vice Mayor Bishop B. Mr. Barczyk C. Mr. Hill D. Mr. Majcher E. Mayor Barnes 1-13 00;208 15-17 00.209 19-24 00.210 25-28 00.211 29-31 00.212 33-35 00.103 37-49 11, 12. CONSENT AGENDA All Items on the consent aganda are considered reu#ne and wiff be enacted by one mo#on. Them will be no separate dtscus.,~bn of consant aganda Items unless a member of City Counc~ so requests; in which event, the Item w~ be removed end acted upon separately. A. Approval of Minutes - 9/13/00 Regular Meeting Approve M.D. Utilities Annual Culvert Replacement Contract Change Order #2 - $14,560.40 Due to Error in Calculation (Engineering Transmittal 9/11/00, Copy of Bid Sheet, Derrfck Memo) Sebastian First Church of the Nazarene - Request for Use of Riverviaw Park 10/27/00 - 6 pm to 10 pm for Prayer and .Praise Among Churches of Seba~an and North County (City Manager Transmittal 9/21/00, Lyle Letter,. New Code Sections 74-6 and 74-7) Sebastian Friendly Tennis.Group (Garen) - Request for. Use of Community Center 12/8/00 - 6 pm to .Midnight - A/B -Secur'~/Paid/Age Verified/65 Participants (City Clerk Transmittal g/1WO0, Application, R.00-21 Excerpt) Sergel Wedding Reception - Request for Use of Community Center 11/11/00 - 3 pm to 11 pm - A/B - Security Paid/Age Verified/120 Participants Requires Police Officer (City Clerk Transmittal g/12/00, Applica~on, R-00~21 Excerpt) Birthday Party (Name on File) - Request for Use of Community Center 9/30/00 - 8 .pm to Midnight - A/B - Security Paid/Age Verified/65 Participants (City Clerk Transmittal 9/12/00, Applica§on, R-O0-21 Excerpt) PUBLIC HEARING Eillal Public Headno ob Fiscal Year 2000/2001 Millaae/J~ldaf~t - (Advertised Display Ad in 9/23/00 Press.Journal in Accordance with FS 200,065) Announcement of Tenta~ve Millage Tax Rate of 5.0000 Mills Which is .11% Less Than Rolled Back Rate of 5:005.3 Mills 2. Public Comment Adopt Res°lution.No. R-00-49 - Millage Rate .of 5.0000 Mills for Calendar Year 2000 (Finance Director Transmittal g/fg/o0, R-OO-4g) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A MILLAGE RATE OF S;0000 MILLS FOR. THE CALENDAR YEAR 2000 AND ALLOCATING SAME TO THE FISCAL YEAR BEGINNING OCTOBER 1, 2000 AND ENDING SEPTEMBER 30, 2001;..PROVIDING FOR CONFUCTS; AND PROVIDING FOR AN EFFECTIVE DATE, Adopt Resolution No. R-00-50 - Budget for Fiscal Year 2000/2001 ( Finance Director Transmittal 9/19/00, R.O0-50) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1,2000 AND ENDING SEPTEMBER 30, 2001; MAKiNG APPROPRIATIONS FOR THE PAYMENT OF OPERATING EXPENSES, CAPITAL EXPENSES, AND FOR THE PRINCIPAL AND INTEREST PAYMENTS ON THE BOND AND OTHER INDEBTEDNESS OF THE CITY IN THE CITY'S GENERAL FUND, SPECIAL REVENUE FUNDS, DEBT SERVICE FUND, CAPITAL IMPROVEMENT FUNDS, GOLF COURSE FUND, AIRPORT FUND, AND MAJOR =EQUIPMENT REPLACEMENT FUND, AS PROVIDED FOR iN SCHEDULE "A", ATTACHED HERETO, ESTABLISHING AUTHORITY OF THE CITY MANAGER TO IMPLEMENT THE BUDGET; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 00. f 55 51-56 00.213 5762 00.015 63-110 00.214 111-130 00.156 131-147 00.215 00.216 151-152 13. 14. 15. 16. I_N'[Ropucj'rlON OF NEW BUSINESS FROM THE PUB[J(; Item ~et ~as ocCUtTed er was ¢~scovered within the previous six months which Is not otherwise on the agenda, sign.up required- #mit often minutes for each speaker CO..~ ~ITTEE R E PO RTS/R E CO. LM MEN DATION~. OLD BUSINESS Policy Paper - The Enhancement of Sebastian's Canal System (Policy Paper Prepared by Cib/ Attorney) NEW BUSlNES~ Resolution No. R-00-51 - Authorize City Manager to Apply for Florida Recreation Development Assistance Program Grant from Florida Department of Environmental Protection (City Manager Transmittal 9/f 1/00, R-00-51, FRDAP Fact Sheet~ A RESOLUTION OF?HE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR A .FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM GRANT; PROVIDING FOR CONFLICT; PROVIDING .FOR EFFECTIVE DATE. Resolution No. R-00-53.- Revised Interlocal Agreement for Creation of indian River County Metropolitan Planning Organization - Finalizes Process of Adding School Board as Voting Member (City Manager Transmiffal 9/f9/00, Keating Letters w/Attachments, R-00-53, Revised Interlocal Agreement, Council Minutes, Tippin Letter, Commission Minutes) A RESOLUTION OF THE CITY oF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING RESOLUTION NO. R-g2. 30, AUTHORIZING THE MAYOR TO EXECUTE A REVISED iNTERLOCAL AGREEMENT FOR CREATION OF THE INDIAN RIVER METROPOLITAN PLANNING ORGANIZATION BETVVEEN THE FLORIDA DEPARTMENT OF TRANSPORTATION AND INDIAN RIVER METROPOLITAN PLANNING ORGANIZATION MEMBERS; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.. County Road 512 Visioning Process (Growth Management Transmittal 9/15/00, C-512 Zoning District Regulations and C-5 f2 Overlay District Requirements) Authorize City Manager to Execute the Derelict Vessel Removal Grant Agreement Between the City of Sebastian and Florida Fish and. Wildlife Conservation Commission (City Manager Transmittal, Grant Agreement) Authorize Purchase of Ford Taurus for City Manager in the Amount of $16,016.73 and Chevrolet. Cavalier for Growth Management Director in the Amount of $11,883 through Florida State Contract Contingent Upon Approval of Fiscal Year 2000/2001 Budget (Purchasing Transmittal 9/11/00) Authorize the City Manager to Execute One Year Agreements Between the City of Sebastian and Coregis insurance for Property, Casualty & Liability Insurance and Florida League of Cities for Worker's Compensation Insurance Effective October 1,2000 (Finance Director Transmittal, Proposal Analyses Under Separate Cover) 00.217 153-157 00.037 H. 159-160 First Reading of Ordinance No. 0-00-23 - Abandonment of Right-of-Way - Caprona Street, Chemj Court, Archer Street, and Girard Avenue - Schedule Public Hearing for 10/25/00 (CityAttomey Transmittal, 0.00-23) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ABANDONING PORTION OF RIGHT- OF-WAYWITHIN SEBASTIAN HIGHLANDS UNIT 17 FOR CAPRONA STREET, CHERRY COURT, ARCHER STREET, AND GIRARD AVENUE; PROVIDING FOR CONFUCT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. City Manager Performance Evaluations (City Manager Transmittal, Human Resources Memo) 17. ADJOURN (~ rneaUngs sba# adjourn at 10:30 p.m, unless extended for up to one half hour by a majority vote of Cky Cauna~) 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.S.) IN COMPUANCE WITH THE AMERICANS WiTH DISABILITIES ACT(ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CI'['Y'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 ail Government Meetings. UJ3comina Mee#ngs: · Regular Meeting - .Wednesday, 10/11/2000 - 7 pm · Regular Meeting - Wednesday, 10/25/2000 - Z pm · Regular Meeting- Wednesday, 11/6/2000- 7 pm · Regular Meeting - Wednesday, 12/6/2000 - 7 pm · Regular Meeting - Wednesday, f2/20/2000 - 7 pm 4 2. 3. 4. DRAFT SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, SEPTEMBER 13, 2000 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORiDA ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK - f225 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. ROI~ 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 Deputy City Clerk, Sally Maio Administrative Secretary, Joanne 8andberg City Engineer, Ralph Brescia' Finance Director, Mark Mason Growth Management Director, Tracy Hass Police Chief, Randy White Parks Superintendent, Chris McCarthy Regular City Council Meeting September 13, 2000 Page Two DRAFT 00.155 00.193 00.194 AGt~NDA MODIFICATIONS (-~DPlTION~ ANDIOE DELETIONS) Items not on the written agenda may be added only upon a majority vote of City Council rnembers (R-99-21) The City Manager requested addition of 1) Resolution R-00-52 authorizing application for a Law Enforcement Block Grant to the consent agenda; and, 2) proposed settlement agreement for the Michelle Morris vs. City of Sebastian lawsuit. He also advised that Meredith Fox had submitted an application for the Construction Board after the deadline and inquired whether Council wanted to consider it. By consensus, Resolution No. R-00-52 was placed on the consent agenda item E; Mrs. Fox's application was accepted for consideration - item 15.A.1 .; and the Morris settlement agreement was placed under New Business item G. E~ROCLAMATIONS. ANNOUNCEMENTS AND./O~ PRESENTATIONS None. CITY ATTORNEY I~IATTERS A. Policy on City Canal VegetatJon_Rer0o¥~l (N.g ~.kup) The City Attorney had distributed documentation entitled "Policy Paper - The Enhancement of Sebastian's Canal System" dated September 2000 several days before the meeting. It was the consensus of Council to place the Item on the September 27, 2000 agenda. CITY MANAGER MATTERS A. ~r~affic Intersection of Englar a_nd Caprona - CityJ~n.gineer. Ralgl~.~j'esc_ta (No Backup) The City Engineer gave a brief report on the traffic intersection of Englar and Caprona, noting he can not recommend installation of a three way.stop based on the no accident history and sufficient visibility. A brief discussion.took place on pedestrian concerns for this intersection brought to light by residents to a. previous Council last year. B. Lease Agreements_[o_r_J~arber Street Soorts Complex (No Backup) Following input from the City Manager relative to high city costs to maintain the sports complex and provide electricity for various sports organizations which lease the complex, it was the consensus of Co,unCil that.it did not want to charge excessive fees to the organizations since the City should be providing service to the community, but that perhaps there could be a means to achieve better cooperation from them for cleanup and maintenance. The City Manager said he would come back with a recommendation in the near future. The City Manager .reported that Capital Sanitation had contacted him to advise that their entire fleet was down temporarily but should be operational tomorrow. CITY CLERK MATTERS None. 2 Regular City Council Meeting September 13, 2000 Page Three DRAFT 00.195 00.196 10. 11. CITY COUNCil. MA'I'I'ERS A. Mayor Barnes 1) Discussed problems with Capital Sanitation and Charter Communications. The City Manager reported on discussion with Charter relative to a disconnection made last week, whereby he requested they develop a more efficient public notification system. Announced the Coast Clean-up on Saturday, September 16, 2000 from 8 am to 11 am Received a consensus of Council to support efforts by the 75th Anniversary Committee, however, the City Manager advised that the Committee will make a presentation to Council on September 27, 2000 with specifics on their planned activities B. Vice Mayor Bishop None. C. MI. Barc~k None. D. Mr. Hill 1) 2) 3) Reported people had concerns about dog droppings in parks noting dogs are not allowed in parks Received input from the City Attorney on basketball hoops on city right-of-way, whereby the code does .not allow structures in the right-of-way but .moveable goals do not meet the definition of structure Suggested Laconia Street be realigned for safety reasons. He provided a drawing of his idea to the City Manager who said it may.be a viable option. E. Mr. Majcher 1) Reported that oak trees are being delivered to Sebastian Elementary on Saturday, September 16, 2000 and volunteers are needed for planting CONSENT_ AGENDA All items on the consent agenda ere considered routine and will be enacted by one motion. There will be no separate discussion of.consent agenda ~tems 'unless · member of City Council so requests;in which .event, the item will be removed end acted upon separately. A. Approval of Minutes - 8J23/00 Regular Meeting Remove Leonard Galbraith from Construction Board in Accordance with Section 2-173 Code of Ordinances (Construction Board. Transmittal 8/24/00, 3 Monflts Roll Calls, Sec 2-f73) Purchase John Deere Gator Truckster for Public Works Roads and Drainage from John Deere Governmental Sales in .the Amount of $6454.513 - Piggyback Hernando County School Bid ifSBHC 99-00-24 - One Year Parts and Labor Warranty (Public Works Transmittal 8/24/00, Brochure, Technical Specs) Regular City Council Meeting September 13, 2000 Page Four DRAFT Resolution No. R-00-52 - Authorize City Manager to Apply for Law Enforcement Block Grant The City Manager read the consent agenda and the City Attorney read Resolution No. R-00-52 by title. Mr. Bishop removed item C. MOTION by Barczyk/Hill ~1 move to approve consent.items A, B, and D.~ ROLL CALL: Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye MOTION CARRIED 5-0 Item C - John Deem Gator Tru~kster Mr. Bishop asked about placement of purchase items on the consent agenda. The City Manager said them is no legal requirement .not to place purchase items on the consent agenda, however, he would try to be conservative in doing so. MOTION by Bishop/Barczyk ~1 move to approve consent item C." ROLL CALL: Mr. Bishop - eye Mr. Barczyk - aye Mr.. Majcher - aye Mr. Hill -'aye Mayor Barnes - aye MOTION CARRIED 5-0 Regular City Council Meeting September 13, 2000 Page Five 12. PUBLIC HEARINGS 00.103 A. Eimt Public Headng on Fiscal Year ~000_~001 MilJage/Bud. g.~t (/ts Required by State Law- TRIM Notice Sent from indian River County Property Appraiser Announced First Public Hearing) Mayor Barnes opened the public hearing at 7:46 p.m. TAPE I. SIDE II (7:48 p.m.) Announcement of Tentative Millage Tax Rate pf 5.0000Mills Which is .11% Less Than Roiled Back Rate of 5.005,3 Mills The City Manager announced the tentative millage rate, recommended approval and said he would respond to questions. · Public Comment Sal Naglia, Sebastian, questioned the need for a street sweeper, vacuum truck and recommended use of old police vehicles by departments. Tut Connelly, Sebastian, mad a prepared statement relative to staffing * A[topt '[~_qtative Millage Rate of 5~0000 Mills for Calendar Year 2000 and Set Second Public Heating for Final Adoption of I~esolution R-00-~9 o_n 9/27/00 MOTION by Hill/Bishop "1 move to adopt a tentative tax rate'levy of 5.0000 mills for calendar year 2000, set a second public hearing for adoption of .the tax levy rate on September 27, 2000 and advertise same in accordance with Florida Statutes." ROLL 'CALL: Mr. Barczyk - aye Mr.~Majcher - aye Mr. Hill ~ aye Mayor Barnes - aye Mr. Bishop - aye MOTION CARRIED 5-0 Adopt Tentative Budget for Fiscal Year 2000/2001 and Set Second Public Hearina for Final Ad.option of Resolution R-00-50 o~) 9/27/00 MOTION by Majcher/Bishop "1 make a motion to adopt the tentative budget for Fiscal Year 2000/2001, set public hearing for final adoption of Resolution R-00-50 on the 27th." Discussion took place on the safety vehicle at the airport and a recommendation for staffto look into the cost effectiveness of subcontracting rather than purchasing the street sweeper and vacuum t[uck. Regular City Council Meeting September 13, 2000 Page Six DRAFT 00.148 B. TAPE II - SIDE I (8:32 p;m.) 13. ROLL CALL: MOTION CARRIED 5-0 Mr. Majcher - aye Mr. Hill - eye Mayor Barnes - eye Mr. Bishop - aye Mr. Barczyk - aye ~econd Re~dirlg. Public U_earing and Final/~doptiop of Ordinance No. O-00-~0 - Amepding Park Use Ordinance.(C/b, Attorney Transmittal g/~/O0. 0.00-~0) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING ARTICLE I, CHAPTER 7'4 OF THE CODE OF ORDINANCES, PARKS AND RECREATION - IN GENERAL; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. (fst Reading a/~/O0, LegalAd 8/30/00, PH Mayor Barnes opened the public heating at 8:10 p.m., and the City Attorney reed Ordinance No. 0-00-20 by title only. Sal'Neglia, offered several recommendations. The City Attorney suggested addition of language to page circle 37 (e) as follows: add "or with public policy" after "generally". Mayor Barnes closed the public hearing. MOTION by Majcher/I-lill "1 move to .adopt Ordinance :O-00-20 as amended." Discussion followed on the provision which would allow Council approval of alcoholic beverages at City sponsored park events. ROLL CALL: Mr..Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher - aye MOTION CARRIED 5-0 QUASI-JUDICIAL PUBLIC HEARINGS 00. ~t9 7 A. Reso.[ution No~R-00-4$ A. pr)roving Special Use Permit~or a Car Wash in C-512 Zoning District (Lo~s 1.2-15,_Bio(~ 186, U~tt 8~ (Growth Management Tran~mitta~ 8731/00, R-00-45. App#ca#on. Staff Re. PO. It. P & Z Min_u~s. Location Map) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING A SPECIAL USE PERMIT FOR CHESTNUT 512 CARWASH LOCATED ALONG C.R. 512 EAST OF BARBER STREET; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. (AdverUsad ln Legal Notices and Leffers to Surrouncling Properly Owners 8/29/00) Regular City Council Meeling September 13, 2000 Page Seven DRAFT Mayor Barnes opened the quasi-judicial headng at 8:33 p.m., and the City Attorney read Resolulion No. R-00-45 by title. There was no ex-parte communication to be disclosed. The Deputy City Clerk swore in all those who intended to offer testimony. Applicant Kenneth C. Chestnut, 9840 88th Street, Veto Lake Estates, and Robert Obonowski(?), 1435 33rd St SW, Vero Beach, briefly described the project. The Growth Management Director presented staff report as submitted in the City Council agenda packet, including .conditions recommended by Planning and Zoning. (See attached) The City Attorney explained guidelines for special use permits as outlined in the Code of Ordinances. Arthur Harris, 861 Dale Circle, Sebastian, opposed the project citing noise .and traffic. City Council discussion followed. MOTION by Barnes/Bishop '1'11 make a motion.to approve Resolution R-00-45 approving the Special Use Permit for the car wash in C512 zoning district." ROLL CALL: Mayor Barnes - aye Mr, Bishop - aye Mr. Barczyk - nay Mr. Majcher - nay Mr. Hill - nay MOTION FAILED 2-3 MOTION by Ba.rczyk/Hill 'I make.a motion to deny the application." Issues cited were traffic, building design, and that car washes were not s part of the vision for the C512 overlay district. ROLL CALL: Mr. Bishop - nay Mr. Barczyk - aye Mr. Majcher ~ aye Mr, Hill - aye Mayor Barnes - aye MOTION CARRIED 4-1 7 Regular City Council Meeting September 13, 2000 Page Eight DRAFT B. Mayor Barnes called recess at 9:10 p.m. and reconvened the meeting at 9:24 p.m. All members were present. Resolution No. R-00-46 - Approve Acorn Acres Subdivision Prelirni~ary Plat to Add 1.95 Acres t_o ~xistirtg 3.04 Acres for Mini-~orAge Units (Gr~vl~h Management Transmiffal 8/31/00. R-O0-40, ~plicafi. gl~, Staff Report, P & Z Minutes. Pre~cfljpary Plar~.~e Plan and Lp¢{~tio~ Map) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE PRELIMINARY PLAT FOR A SUBDIVISION KNOWN AS ACORN ACRES SUBDIVISION LOCATED ALONG C,R. 512 WEST OF F.E.C. RAILROAD RIGHT-OF-WAY; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. (AdverSsedin Legal ldo#cas and Letters to Surrounoing Property Owners &~29/00) Mayor Barnes opened the qdasi-judicial hearing at 9:25 p.m., and the City Attorney read Resolution No. R-00-46 by title. Mr. Bishop stated he had spoken to someone about the issue several months ago, The Deputy City Clerk swore in all those who intended to offer testimony. Todd Smith, engineer of record for the project, spoke on behalf of applicant, David Fahmie. The Growth ManagementDirector gave a brief staff presentation. There was no public input. MOTION by Barczyk/HIII '1 move we hold a public hearing and approve Resolution R-00-46 for the Acorn Acres Subdivision Preliminanj Plat." ROLL CALL: Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop ~ aye MOTION CARRIED 5-0 00.200 14. 15. IN]'~RODUCTION OF NEW BUSINESS FROM THE PUI~J,I~ Item that has occurred or was ~*scovered within the previous six months which is not otherwise on the agenda - sign.up required *limit of ten minutes for eaoh speaker Sal Neglia, Sebastian, suggested the City do something about people talking on cell phones while ddving. gOMMITTEE REPORTS/RECOMMENDATIONS A. Cons~ru~qp Board 1. Interview Applicant, Unless Waived and Appoint to One Position (C/ty Clerk Transmittal 9/7/00, One Applicafion, Member Ust, Ad) Application from Meredith Fox had been added for consideration by consensus of Council. Regular City Council Meeting September 13, 2000 Page Nine DRAFT TAPE II. SIDE II (9:30 p.m.) City Council interviewed R. Scott Taylor and Meredith Fox. Discussion took place on the appropdata positions for the applicants. oo.~87 16. MOTION by Barnes/Hill 'Let me make a motion to approve Meredith Fox to be reappointed to the regular contractor member position." ROLL CALL: MOTION CARRIED 5-0 Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr. Barczyk - aye The City Attorney noted the Code requires two regular contractor positions. MOTION by Barnes/Majcher "FiI make a.motion to.appoint R. Scott Taylor to the number four position contractor." ROLL CALL: Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye Mr.. Barczyk - aye Mr. ~Majcher - aye MOTION CARRIED 5~0 OLD_IL~USINESS Authorize City Attorney to File Release of Uen Against Property of Herbert Sturm_- Carried Forward from 8/23/00.Me_e~l~ng (~ackt~p from 8/23/00 Meetin{7. Presentation Will Be Made at Meetin~ The Chief of Police presented recent aerial photos and photos takenin 1992/1993 of Mr. Sturm's property. The Growth Management Director stated that Code Enforcement Officer Tim Zielinski was not allowed by Mr. Sturm to enter the rear of the property, but that he had seen piles of lumber on the side of the property. He stated that the piles of lumber and 55 gallon drums stored on the property were violations of the nuisance code, and it appears to staffthat he is still in non- compliance. He read from a chronological list dated 1992 to 1998 relative to this matter. MOTION by Bishop/Majcher "1 move that we do not release the lien against Herbert Sturm's property, located at 549 Saunders Street, until he allows proper authorities on the property to determine whether or not he's still in violation of codes for which he was cited in 1992." The City Attorney advised Council on the use of liens in Code Enfomement cases, noting that the courts had validated the initial Code Enforcement action. Regular City Council Meeting September 13, 2000 Page Ten D AFT · ROLL CALL: MOTION CARRIED 5-0 Mayor Barnes Mr. Bishop Mr. Barczyk Mr. Majcher Mr, Hill - aye - aye - aye 17. NEW BUSINESS oo.2ol A. /~,utho[ize ~ Manager to Execute Agreement with Hanifen. imhoff. Inca for Finanr, Jal Consultancy Services (Finance Director Transmittal 8/30/00. Aaree~f~O~) Carlos Peretta addressed Council on the firm,s background. MOTION by Barczyk/Hill "1 move to authorize the City Manager to execute the Agreement between the City of Sebastian and Hanifen, Imhoff.' ROLL CALL: Mr. Bishop - aye Mr, Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye MOTION CARRIED 5-0 Authorize Purchase and Installation ofPla.y, ground EQp[pment from Miracle Recraa~.o.n_ EouipmeJ3t C0rrtparty and Site Preparation by the City for a '[0t~ll (;:;;p~ of $74~,397.05 [J=ublic Works T~n~rnittal 9/7/00, State Contract Price Quote. Cost E~timate. 3-D Diagram Under Separate Cover) The City Manager gave a .brief presentation, Meting a portion of the existing playground will be retained. TAPE !11. SiDE I (10:20 p.m.) The Parks Superintendent said prices had been obtained from three vendors. · .MOTION by Bishop/Barczyk '"l.move to authorize the purchase and installation of playground equipment from Miracle Recreation Company and site preparation by the City as described, for a total cost of $74,397.08." ROLL CALL: Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye MOTION CARRIED 5-0 Itwas noted that delivery will be approximately five to six weeks and the playground will have to be closed for approximately two weeks for installation. ]0 Regular City Meeting Council September 13, 2000 DRAFT Page Eleven MOTION by Bishop/Hill "1 make a motion to extend the meeting to 11 pm." ROLL CALL: ~ Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye ' Mr. Barczyk - aye MOTION CARRIED 5-0 00.202 C. ,Award I~id for City Hall Window Restoration Contract to Low Bidder Bill I~rvant & Associates.~nc. In the Amount'of$40.998 (P~cha~in~ Trar~rnittal 9/7/00, Bid Tabula#On ~heet. Bid Proposal ~.rice Form & A~o¢. Documellts. Scope of Work) The City Manager gave a brief presentation on bids received. MOTION by Hill/Barczyk "1 move to award City Hall Window Restoration Contract to Iow bidder, Bill Bryant & Associates, Inc. in the Amount of $40,998, and authorize staff to execute a contract for same." ROLL CALL: Mr. Hill. - aye Mayor Barnes - aye - aye Mr. Bishop · Mr. Barczyk - aye Mr. Majcher - aye MOTION CARRIED 5-0 o0.203 D. First Reading of Ordinance No. O-00-;~1. - Abandonment of'City.lnterest, j~ American [.egiort I~asement - S~;hedulq Public Headng for 10/11/0J~ (Cil;y Attorney Transmittal 8/30/001 O-00-~1_ W/[~xhib. jt "A") ' AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ABANDONING INGRESS/EGRESS EASEMENT FROM AMERICAN LEGION PROPERTY AT C.R, 512; PROVIDING FOR CONFLICT; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILIT?; AND PROVIDING FOR AN EFFECTIVE DATE. ' The City Attorney read Ordinance No. O-00-21 by title, gave a brief presentation and recommended approval. The City Manager responded to questions from Council relative to the need for the easement. MOTION~ by Barczyk/Bishop I recommend that Ordinance O-00-21 first reading and schedule public hearing for October 11,2000 be approved.' ROLL CALL: Mayor Barnes - aye Mr. Bishop ~ aye Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye MOTION CARRIED 5-0 Regular City Council Meeting September 13, 2000 Page Twelve D AFT oo. 1~ E. _First, JReading of Ordinance No. O-0[:)-~?. - Swale Parkirlg - Sched~Jlq. Public Hearing.for 10/1E00 (City A#~mey Tr~nemi#al AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 98 TRAFFIC AND VEHICLES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-00-22 by title, and stated he had provided a modification to 98-36 and addition of a new section 98-39. Mayor Bames noted the City Manager, City Attorney and he had met with local builders on the ordinance. Chief White requested adding a time limit in 98-33.1. It was the consensus of COuncil to add ~withln 24 hours" after "removed" and in 98-39(c) add "and stored" after "towed". · MOTION by HillA/lajcher "1 move to pass Ordinance O-00-22 at first reading and schedule public hearing for October 11,2000 as amended." ROLL CALL: Mr. Bishop - aye Mr. Barczyk - aye Mr. Majcher -aye Mr. Hill - aye · Mayor Barnes - aye MOTION CARRIED 5-0 00.204 F. Review PJ'opos_edJ~l_owmber and Dece.0~er 2000 Calendars and Reschedule City · Council Meetinas Accordingly (Cff;y CleJ'k Transmittal 8/31/0p, Calendars) Itwas the consensus .of City Council to cancel the November 22, 2000 Regular Meeting, and to reschedule the December meetings to the 6th and 20th. 00.205 G. MJchelle Morris Settlement Agreement The proposed settlement agreement had been distributed at the start of the meeting (see attached).. The City Attorney briefly explained provisions of the settlement and recommended approval. MOTION by Barnes/Majcher "1'11 make a motion to approve the settlement agreement between MJchelle Morris and the City of Sebastian as shown in the 9/12/2000 copy of the settlement agreement." ROLL CALL: Mr. Barczyk - aye Mr. Majcher - aye Mr. Hill - aye Mayor Barnes - aye Mr. Bishop - aye MOTION CARRIED 5-0 12 Regular City Council Meeting September 13, 2000 Page Thirteen 18. Approved at the Walter Barnes IMayor Kathryn M. O'Halloran, MMC City Clerk D AFT Being no further business, Mayor Barnes adjourned the Regular Meeting at 10:56 p.m. ,2000 Regular City Council Meeting. ]3 City of Sebastian, "Florida Subject: Change Order- Annual culvert.. . 'AgehdaNo'. '~'. ~ Replacement Contract · ' . i .' .: . ',"i..'. '.... ' ' ., ii . · · .' ' '. Department'Origin: Engineering Approved ,for Sub~mi..'ttal by: ' ' .. RalPh .N. Brescia, P.E. ~ f'~..~r~nee. Moo~.~/~)ger · ..,. i Mark'Mason,..:Finance'i:.~"" . [' ( /~ ~.~_...............~'~< . '. Panl Wagner,' Proenrement~ ).'. '. '.. '. · .. ;.: 'F°rAgendaof.· .'.' :'o~/2m~°°','..''.. .: :ii'' .:': .. Exhibits: Copy of B~d Sheet · .'".." ' · :' · · ' . . ' ' " "' " · Memo From Engineering InSpeCtor S%tt'Derriek. . "i ., ". ...... . .::i ' .. ':[[ EXPENDITURE '' .: .BUDGET.AVA/LABLE." 'i A~PPROpRIA~ION RrQUn~.$~4,s~0.40 '..' ss~,s47.33. '"" ':"" .'.'".. i',, ..: V~QVIR~:'.i~/A ,..... ..i , · ... '. . :' · ..., .~.." s~Y ...'.:',........ '.,....., ':.. ~....~'...~,.~. '.i...,...i.. ,.'..i........ ~ach. y~a~ ~e P~b~c Wo~s ~ar~.t' %tab~i.s~ ~,'lis~g'of ~oaaway o.~v~s'~i~.n%a..to b~' r~l~ed. The En~e~g D~ent ~cn develops p!~s ~d spcc!fiCa~o~ so · subdUed ~om qu~fied con, actors. 'Last y~ eleven io.ca~Ons w~re Selected '~d~ Uti~cs Duc to a ~sr~res~tation of qu~es for .Sod..rcStora~on it,s, a ch~gC..0rder~..~e 0f $14,560.40 is due.~e con, actor. Speci~C~Y~ ~adve~ent ~o~ of sqU~C"fect'was ~ basis for pa~t whereby squat y~ds' ~ould'have .been used. ~ ' .~co~~, ~cr~o~ Move to approved .Ch~ge Order ~'1 in'~e ~o~ of $14.560.40. .I ' BID PROPOSAL PRICE FORM CULVERT REPLACEMENT CONTRACT LOCATIONS OF REPLACEMENTS AS FOLLOWS 1 Chelsea Avenue and Evemia Street 2 Seneca Avenue and Evemia Street 3 Lanco Avenue and Evemia Street ,4 Lanco Avenue at BIk 166 and 170 5 Blossom Drive and Devon Avenue 6 Blossom Drive and Fern Avenue 7 Fulton Way at BIk 147 & 14@ · 8 Doctor Avenue and Mulberry Street 9 Autumn Terrace Bk 224 'l o.'-".::-_.'- ~mrf.~-.. T. 'efface Bk 20e '11 Watercrest Street and Bayfront Terrace BASE BID ITEM NO. DESCRIPTION QTY. UNIT I Road Restoration 350 SY. 2 Furnish and Install base ro~ and sub.base 1000 CY 3 Sod Restoration Bahia 500 SF 4 Socl Restoration Floritam 800 SF 5 Water Main Encasement 10 EA. 6 Swale Regrading 500 LF. 7 bitch Regrading 500 LF. 8 Furnish and Install Type C Catch Basin 1 - EA. 9 ' Furnish and Install Type E Catch Basin 2 EA. 10 Furnish 11 Furnish 12 Furnish 13 Furnish 14 Furnish 15 Furnish 16 Furnish 17 Furnish 18 Furnish 19 Furnish 20 Furnish 21 Furnish 22 Furnish 23 Furnish and Ins'tall F.D.O.T. Index 250 Headwalls 2 LS and Install 12" RCP 80 LF. and Install Twin 12" mitered end 2 EA. and Install 12"xl 8" RCP 112 LF. and Install Twin 12"x18" mitered end 4 EA. end Install 14"x23" RCP 256 LF. and Install 14"x23' mitered end 7 EA. and Install 15" RCP 144 - LF. and Install Twin 15" mitered end 2 EA. and Install 19"x30" RCP 112 LF. and Install Twin lB"x30" mitered end 2 EA. and Install 38"x6D" RCP S0 LF. and install 12" RCP 80 LF. and Install 38";x60" mitered end 2 EA. Total Basis of Bid Award UNIT BID ITEM TOTAL I/coo ::.'.'3,' ooc, 3~,°'';'' ,~. "-t~0,':";" ~ SO, '-'"' I )'"')oO ,~"' tl%oo°~' ;~; ooo, ~ I I"~/G&O,. oo Contractor hereby agrees to perform the above projects within no tess than 120 calendar days. Page 2 of 2 I I I .I I I I I I I I I I I I I City of Sebastian 1225 MAIN STREET ~ SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 5B9-5330 D FAX (561) 589-5570 Interoffice Memo Date: September 5, 2000 To: Ralph N. Brescia, P.£. ' , CI~ Engi?er ~n m ScoE Demck, 'Engineering Inspe~or ~ ~ ~ Change O~er ~ For Annual Culve~ Replacemen~ ~ ~ ~momt to $133,180.40. ~e re,on for ~e ~ ~ ~md, for sod but ~e bid ~eit~,eforsq~e,e,t. pl~ ~ for Cc: T~ ~1[ ~b~c Wor~ Dkeetor I My Docum~nts/Ch~ge Ord~ #1 Axmual Culvmrt , City of Sebastian 1225 Main Street Sebastian, Florida 32958 I I- I I Subject: Sebastian Church of the Nazarene Use of Riverview Park for Praise and Prayer Among Churches in Sebastian and North County .~provj~d for SubmittalS: City. J~lanager Exhibits: Agenda No. ~)~), ~)~ Department Origin: City Manager Data Submitted: 9/21/00 ForAgenda of: 9/27/00 Reverend Lyle Letter, New Code Section 74-6 and 74-7 Expenditum Requimd: Amount Budgeted: Appropriation Required: SUMMARY STATEMENT A letter of request for use of Riverview Park for a gathering for Praise and Prayer among the churches of Sebastian .and the North County area has been received from Reverend Michael'Lyle of Sebastian First Chumh of the Nazarene. The event is to be held on October 27, 2000 from 6 pm to 10 pm. Since no application form has been prepared or fees set out by Resolution at this time in accordance with recently adopted Ordinance 0-00.20, the request is presented to you for your consideration. There is no anticipated attendee amount and also no specific request for electricity in the letter, however, I would anticipate the hours of the event would require use of electricity. RECOMMENDED ACTION Consider the request for use of Riverview Park for the Praise and.Prayer gathering on October 27, 2000. Rev. Miclmel Lyle Senior Peal'or I~ev. ,Tolm Vecchiene, ~'r. Associc~re/Yo~h Pc~o~ 561-589~4935 Office 561-589-0809 Fax I Sebastian First Church of the Nazarene 50 S. Wimbrow Drive · Sebastian, FL.- 32958 i Terrance Moore i C ty Manager s Office ~e_ 0wi "~,ee :' 1225 Main Street x~¢a~ ~ I Sebastian, Florida 32958 ' 5,-,. I Dear Mr. Moore, This letter is to request the use of the Riverside Park on i October 27, for a special gathering of Praise and Prayer among the churches of the Sebastian and North County areas. We would like to begin about 6:00 PM and would conclude I before 10:00 PM. We would also like to invite you, along with all the city offices to take part as we pray a prayer of blessing over you and our city. , ' I Thank you for your consideration and cooperation. We look forward to your response as quickly as poss~le as to give us time to i prepare and advertise this event. Thank you. Rev. Michael Lyle First Church of the Nazarene I I I i I i I I I I I I I I I I I I i i Park or dock war,craft u*;lized for a commercial purposes, including rental to the public, longer than reasonably nece.~sary to launch or retreive the (b) S/~nage. The Cb Manager is empowered and authorized to' ~trther regudate Waterway Facilities w/thin'the context of this article by erecting .or placing of signs gover,~ng .their use. The existence of such signs at My place w/thin the .city shall be pr~r~ facie evidence that such~ signs were erected or placed with the authority of the City Manager. " (c) Violations a~dpenalties. Violations of this section are punishable by a fmc not e~ee~g $500.00 or imprisonment not exceeding 60 days, or both. (d) Parental' liabili~. Parents shall b'e,.head liable for conduct of their minor chiIdren. Sectian 6. That the Code of Ordinances,, City of Sebastia~ Florida is hereby mended to create a new section to be numbered se~ion. 74-6' which shall read as follows: Sec. 74-6. Park events;,-procedure for permission. (a) N° person shall conduct a Park Event' without the prior approval of the City Manager as provided in this sea, ion. Oo) Any person desiring ~o conduct a Park Event shall subm/t a written application to the City Clerk on forms promulgated by the City M~n~er and shall pay a reservation fee to ~he city no~ less than two weeks prior to the event. If use of ele~dc~l or water utilities on site is desired, the s~me must be requested on the application and an additiona] fee shall be required prior to issuance of the permit. The mount' of rese~'v~tion and utility use fees shall be est~blished by resolution of the City Council. Any vendors ttmt will participate in sa/d Event must be listed on the application~ and any muaUn'es to be erected or otherwise assembled as part of the Event must be shown in schm,~tic form as an atmchrnent thereto. (c) Approvzl for a Park Even~: shall be granted i~ in the discrdon of ~ CFey Mznager, the event will not unreasonably conflict with the use of the park by the public generally adequate measures will be taken by the applicant to protect the public health, s~ety mad welfare regarding the following: (1) Tra~c and parking; (2) Solid waste collection and removal; (3) Sanitary £adtities; and' (4) S~ty. The permit may contai~ such conditions as the City Manager determines in his discretion will be necessary.to ensure safidaeiion of these considerations. All vendors and other ~vent parfidpant.~ must meet all applicable permit or licensing requirements, and comply with all applicable laws, code provisions and duty -promulgated rules and regulations governing the use of the subject fa~'flity. Permits may only be ,issued in the name of an adult or legally organized organization. Any adult obtsi~ing a permit on 'behalf of a group comprised of minors' sl~mll be held responsble for the supenrision of each minor participating in tie Event. (d) Ia the discretion of the City Manager, city personnel or equipment may be needed for adequate protection of the public interest in cgnjunetion with a Park Event. The oily shall be reimbursed by the applicant for all costs of providing .such personnel or equipment. The City Mlmager nmy as a condi~io~ of permit approval require that a cash bond or other suitable surety be posted with the city in advance of the event for the pturpose of securing saab reimbursement in a~ mount deemed reasonable to pay such costs, (e) The City Manager shall deny au application if either 1) the event will unreasoaably conflict with the use of the park by the public generally or with public policy, or 2) adequate measures cannot be taken by the applicant to. protect the public health, safety and welfare. " ~ (f) The City Manager may require that the applicant insure the city against damage to dty property and against liability.of any ldnd res~ting from the park event activities if the activities in his 'i'easonabl6 judgrnem create o"risk of injury or property damage. The limits of insurance Shall be detemined by the City Manager. A certificate of insurance shall be fried with the City Manager not less than five days prior to the event. (g)' A decision of the' City Manager to deny, or to grant with conditions, an application made pursuant to th/s section may be appealed by the applicant to the City Council. The appeal shall specify the grounds for the appeal and shall be in writing fded with the city clerk cud shall be heard at the Council's next regular meeting. The City Council shall at'~m% reverse or modify the decision of the City Manager considering whether lice park event will unreasonably conflict with the use of the park by the public generally cud whether adequate measures will be taken by the applicant to protect the public health,' safety and welfare. The decision of the City Council shall be final. I I I I I I I I I I Sectiom ?, That tht Co& of Ord/nanve& City of Sebastian~ Florida is h~mby amended to create a mew sea'clem to be numbs-ed sevtion 74-? which shall read as follows: Sec. ~'~-7 Special event~; procedure tor permission (a) No person shall conduct t Special ]Event without the prior approval of the City Coun~/1 as provided in th~s ~e~om (b) Any .. person desi~g, to condu~, a Special Event shall submit a written applicatio~ to the City Clerk on forms promulga'~ed by the City ~ma~= and shall pay a reservation fee to the city not less th~ six, wee,~ prior to the event. If use of elevtrical or water u~es o,~ site is desim~ the same mu~' be requested on the application'and'an additional fee sh0l! be required prior to issuano~ of the permit. 'Thc amount of reservation md util/ty use fees shall be established by resolution of the City Council. Any vendors that will participate in said Bvmt must be listed o~ the application, Yurther, my structure to be erected or otherwise assembled as pan o£the ~.vent must be' shown in schematic form as an ~ttaohmemt thereto. (e) It is autidpated that ~ Special-Event will by its nature impact the use of the subject l~reafio~ FadJity by ~he public genera~y, and wi~ have other .~-apIicatiom for the pubic health, ssgety and welfare. Towards that end, the app~cant shall meet with the City Manager to disvass the measures to be taken regarding such public welfare issues and compemation to the d~y for additional costs i~ourred in,conjunction therewitth with partimtar' focus on th~ following: r eao mci parking;, '(2) Solid waste .collection,md r~aoval; 0) Sanitary fadlitie,% and:':,' i 'Seu/rity. If City resources are needid to ad~qU~tel.7 pro~ect the public interest, the City Manager shall address how thee rasources wi]l be allocated and the degree to which the applicant. l~ollowiag such dJsoussiom, the City Manager shall submit the application tO the City Counei[ with his recommendation as to whether said Event is in the best interests of the pu~hc, and also submit ~ proposed ~reement governing mitigation me~.ures, and fmand~l responsibility therefor, of the public welfare issues raised by the Event. (d) All vendors and other ~,vent participmts must meet all applicable permit or licensing requirements, and comply with all applicable laws, code provisions and duly - promulgated rules and reguiations governing the use of the subject lackey. Perm/ts ma~ only be ismed in the name of.an adult or legally organized organization. Any. adult ob~:~in~ a permit on behalf of a group comprised of minors ~ be held responfible foz the supervision of each minor participating in the ~vemt (e) The CitY Council shall deny' au application if the Even~ will unreasonably con_~lict wi~ public Policy or adequate measures cannot be taken by the applicant to prote~t the public health, s~fety and weirdo. 'A de~ision of the City Coun~ to deny, o~ ~o grant with conditions, an application made pursuant to this so, ion shall be /luff. Section 8. ~aat the Code qf Ordimmees, C/fy of' Sebastian, FlOrida is hereby amended to create a new section to be numbered se~on 7.4-~ which shall read'as follows: ~;ec~ 74-8. Public-Use l~acilifies; procedure for use. (a) Application. This procedures set forth in this se~on govern ~1 uses* o£ enclosed Public-Use FacE~ies, and ~he orgauized and dedic~ed use of all open-air Public-Use Facilfdes. No permit is requi~ed for the casual use of open-air Public-Use Fadli~.es in aec. ordanc~ with established regulatiom when said Fa~'ilities are not de, oared to a.'perrnitted user. (b) Leases ar~IImer~ernmemalAgreemen~s. Upon a finding {ha~ the 'pub~ inmrest ~ be .duly served thereby, the City Counc~l may enter into leases with non-profit organizations,' as well a~ inlergovernmental ~gr~ .emenls, of up to five years' duration providiag for the exelusi'~e Us~ of a Publi~Use Facility during certain t~r~e periods. ~ considering whether may eomp~sation shall be due the 'd~y, or the amoum thereo! to off-se~ added mainlenance~ '~ or other volts, the Coun~ shall consider ~he publie ptmpose being served by the user and the degree.to which said public benefits inure ~o the taxpzyers of {he City rather ~ ~onresiden~s. (e)' Permi~ng.proeess. 'Any p~son desiring to use a Public-Use FacilitY except as set forfla above shall submi~ a written application for a permit to the City Clerk on forn~ promulgated by the City Manage/and shall pay a reservation fee to the city not less than two weeks prior.to the event I-Iowever, any use requiring Council approval pursua~ to subsection (e) must be submitted no~ less than four weeks prior to th~ event. The ~mount of the reservation fee and rental rates for said Padl~es ~ be established by resolation ~f the City Council. Service of food or use of lckchen facilities is n~ .~owed unless requested in 'the ~pplioation, and an addition~ fee as established by resolution o~' Counfil, may be ~harged, Permits may on17 be issued in the name of a~ adul~ or legalty organized organization. Amy aflul~ obtaining a pernfi~ on behalf of a group comprised of minors shail be held responsible fo~ the supervision of each minor participating in the Event I I I i I I I i I I I I I I I I I i i ! ! of Sebastian 1225 Main Street Scbazfian, Horid~ ~9~8 T~cphone (~61) 5~9-5550 ~ (5~I) 5~9-5570 Subject: Request for Rental of Community Centex Agenda No. D.2dO Exhibits: Application Dated 9/18/00 Expenditure Required: Origin: City Cler~ Department Date Submitted: 9/18/00 ]For Agenda of: 9/27/00 Amount Budgeted: Appropriation Required: An apphcatien h~ been r~c~ived ~rom Linda Garan ropres~ting the Sebastian Friendly Tennis Group. She is requesting rental of the Community Center on Dex~-~nber 8, 2000, from 6:00 PM to 12:00 Midnight for a Christmas Party. As required by R-00-21, Section i(B) (copy attache), she is also requesting permission to usc the facility until 12:00 Midnight.and p~m-nission to serve alcohol. RECOMMENDED ACTIQN Consider the request and act accordingly. ~SON FOR RE~AL: A~ICIPATED ,NUMBER OF PERSONS A~NDING E~NT: REQUESTED DA~: / ~ TiME:.Fmm: &: ~P~To:~/~ .Only $ PL~SE ANSER ~$ OR NO: 1. ARE KITCHEN FACILITIES REQUIRED? 2. ARE YOU A RESIDENT OF SEBASTIAN? ~' 3, WILL DECOCTIONS BE PUT UP? .. y~.~ Total .......$ ~. WI~ THERE BE AN ~MISSlON OR DOOR C~RGE? i~ ~ · .' T~ 5. WILL ALCOHOLIC DELUGES BE SER~D? ? ~ ' Total ........ (a) If an~r to ~ is Yes, Pe~ee's proof of Age: (b)If al~hol is to ~ se~ed, pe~i~ion is required by CRy Coun~l. Your mque~ will be · pmse~ed to ~uncil on: Make ~ec~ payable to Ci~ of Seba~ian (A sewice fee of 5% or $10.00, whichever is greater, ma~ be cha~ed ~or a dishonored che~ per City R~ol~ion No, R-9~1) OFFICE USE ONLY DA~ P~ID RECEIPT No. I~TIA~S 7% T~ ................ ' ........... _ ~COHOL aEVE~E REQUEST ~ APPRO~D ~ DISAPPROVED CITY. OF SEBASTIAN ~..I RENTAL PERMIT AP:.PLICATION - ,,,~...~^~: ~/~ ,:'~.,,~,~oo~,.~,_.~.:c~,~'~...~ .... ~^o~o~ ......... /~'~.~ -'C~/u/-:~-' .~ Police Department Agreement Verified ('if applicable) Key Pickup Date: Key Returned Date; Date I I I I I i i i I I SECURITY DEPOSIT RETURNED,BY,., CiTY ~HEGK# COMMENTS: FOR $ ON: I i I RESOLUTION NO. R-00-21 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE USE OF THE SEBASTIAN COMMUNITY CENTER, SEBASTIAN YACHT CLUB, AND CITY COUNCIL' CHAMBERS; PROMULGATING RULES AND PROCEDURES FOR USE OF SUCH FACILITIES; PROVIDING FOR THE COLLECTION OF RENTAL FEES, SECURITY DEPOSITS, AND OTHER CHARGES; PRECLUDING THE USE OF THE FACILITIES FOR COMMERCIAL ·PROFIT GENERATING ACTIVITIES; PROVIDING FOR REPEAL OF RE$0LIJTJONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS,the C~ of Seba~an owns and m~,intain$ 'a Yacht Club and s Community Center for the usa and benefit of Its citizens and a City Counc!l Chambers for the operation cf CB govemmsnt; and WHEREAS, the promulgation of rules of conduct and procedure will promote the general health, · safety and welfare of.thOse persons t~flllzing such facilities; and WHEREAS, the C~ Council deems it necessary tc impose certain fees ior the use of certain facilities in order to defray the.cost of maintenance and repair. NOW, THEREFORE, BE IT i~ESOLVED BY THE CITY COUNCIL OF TIlE ClT~ OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: SECTIO~ 1, RULES AND REGULATIONS: The City Council hereby adcpta the following rules and regulations for the use of the Sebastian Community Center and the Sebastian Yacht Club. A. An applicalion for a permit to use the Community Center orthe Yacht Club must be completed on forms provided for such purpose by the Clty Clerk. An application for a permit must be received by the City Clerk at least tWo weeks prior to the date of the requested usa, however an application for a permit requiring City Council approval must. be received by the City Clerk at least two weeks before the next Regular City Council meeting date which is prior to the data of the requested use It tS the policy of the C~ of Sebastian that no waivers ofthe rental or security deposit will be.permitted, except as otherwise pr. ovided.for in this Resolution. : :'.E. The C~ Clerk shall issue a use perm~ upon a determination that the requested use is .permissible pumuant to this Resolution and all fees havebeen paid. In the svent that the proposed use may include activities involving gambling, alcoholic beverages, the use of a facility after 11 :DO p.m., or if an admission charge is to be assessed, then the City Clerk shell not issue a usa permit until directed to do sc by the City Council. City of Sebastian 1225 Main Street ~baatian, Rot-ida 52955 Telephone (561[) 589-5550 FAX (551) 589-5570 Subject: Request for Rental of Community Center Agenda No. ~)~), 2.// ApE,roved for/Submittal by: City Manager Ear&ibits: Application Dated 9/12/00 Expenditure Required: Amount Budgeted: Department Origin: City Cierk.~/1, Date Submitted: 9/12/00 For Agenda oE 9/27/00 Appropriation Required: IgUMMARY .STATEMFNT An application has been received from Scott Sergcl for rental of the Community Center on November 11, 2000, bom 3:00 P.M. till 10':00 P.M. for a wedding reception. He is also requesting permission to serve alcohol at the event. He anticipates an attendance of 120 and has 'completed the proper form for the extra duty police officer services. RECOMMENDED ACTION Consider the request and act accordingly. 3' ' RENTAL PERMITAp, pLICATION NAME OF GROUPOR OR~ANI~TION: ~'~ ~'S ~ ~ ~ ~+~ ~ .... ~TICIPA~ ·NUMBER OF P~SONS A~NDING EVE~: P SE ANSWER S"OR 1. ARE KITCHEN'FACILITIES REQUIRED? 2. ARE YOU A RESIDENT OF SEBASTIAN? 3. WILL DECORATIONS BE PUT UP? 4. WILL THERE BEAN ADMISSION OR DOOR CHARGE? 5. WILL ALCOHOLIC BEVERAGES BE SERVED? (a) If anSWer to ~ is Yes, Permlttee's proof of Age:,~ r4-~ A~$~- (b) If alcohol is to be served, permission is required by City Council Your request will be pmsantecl to council on: Make checks payable to City of Sebastian (A service fee of 5% or $10.00, whichever is greater, may be charged for a dishonored che~ per City Resolution No: R-96-41) · qECURITY DEPOSIT ........ RENT ........................... 7% TAX ................ ' ........... Total .......~' ,~ i ,,'~ Tax Total ........ OFFICE USE ONLY DATE P/)~D RECEIPT NO. INITIALS .~50.00 ~/W ~ ~7/~ ALCOHOL BEVERAGE REQUEST r"l APPROVED Police Department Agreement Verified (if applicable) Key Pickup Date: Key Returned Date: SECURITY DEPOSIT RETURNED ElY .CITY CHECK # COMMENTS: [] DISAPPROVED Data FOR $ ON: ! RESOLUTION NO. R-D0-21 I A RE~OLUTION OF THE CiTY OF SEBASTIAN, FLORIDA, PERTAINING TO THE USE OF THE INDIAN PJVER COUNTY, SEBASTIAN COMMUNITY i CENTER, SEBASTIAN YACHT cLuB,' AND CITY COUNCIL' CHAMBERS; PROMULGATING RULES AND PROCEDURES FOR USE OF SL~CH FACILITIES; PROVIDING FOP, THE. COLLECTION OF RENTAL FEES, SECURITY DEPOSITS, i AND OTHER CHARGES; PRECLUDING THE USE OF THE FACILITIES FOR COMMERCIAL PROFIT GENERATING ACTIVITIES; PROVIDING FOR REPEAL OF RE,S0LUTJONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND i PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the C[7 of Sebastian owns a~d maintaid~ a Yacht Club and a Community Center for the I use and benefit of its citizens and a City Council chambem for the operation of City government; end WHEREAS, the promulgation of rules of conduct and procedure wlll pmmcte the general health, i' safety and welfare of-those persons.utilizing such facilities; and WHEP, F. AS, the CIb/Council deems it necessary t~ impose certain fees ~or the use of certain facillties I in order to defray the .cost of maintenance and repair. I NOW, THEREFOR. E, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: i ~EC'rlOJ~ 1, RULES AND REGULATIONS: The City Council hereby adopts the following rules and regulations for the use of the Sebastian Community Center and the Sebastian Yacht Club, I A. An application f~r a permlt t~ use the Community Center orthe Yacht Club must be completed on forms provided for such purpose bythe City Clerk. An application for a permit must be received bythe City i Clark at least tWo weeks pfiorto the date of the requested use, however an application for a permit requiring i City Councll approval must. be received by the City Clerk at least two weeks before the next Regular City Council meeting date which is prior t~ the date of the requested use. It is the policy of the City of Sebastian that I no waivers of the rental or security deposit will be.permUted, except as otherWise provided.for In this Resolution. .... B. .The C~ Clark shall issue a use permit upon a determination that the requested use is I .parmtsslble pumuant to this Resolution and all fees have' been paid. in the event that the proposed use may include activities involving gambling, alcoholic beverages, the use of a facility after 11:D0 p.m., or if an i admission charge is tc be assessed, then the City Clerk shall not issue a use permit until directed to do so by the City Council. I I City of Sebastian ~ebastian, Florida $2958 Telephone (561) FAX (B61) B89-5570 I I i Subject: Request for Rental of Community Center proved~ for Submittal by: City Manager Exhibits: Application Dated 9/11/00 Agenda No. ~. Z / ~ Origin: City Clcrk~ Department Date Submitted: ~/12/00 · For Agenda of.' 9/27/00 Amount Budgeted: Appropriation Required: Expenditure Required: i I I An application has been received requesting the r~ntal of the Community Center on Sept~anber 30, 2000, from 8:00 PM to 12:00 P.M. for a birthday party. As required by 1t.-00-21, Section I(B) (copy attached), she is also requesting permission to use the facility until 12:00 Midnight.. I RECOMMENDED ACTIQN Consider thc request and act accordingly. I No. Street City PHONE # ,~'D~l-%~q~: ~'-~IAILING ADDRESS: ~ '~ ~(~ .... ~ME OF GROUp 0R ORGANI~TION: ....... ~TICIPA~D 'NUMBER OF PERSON8 AWENDIN~ E~m: (q ~ , FEE PLEASE ANSWER YE8 OR NO: 1. ARE KITCHEN'FACILITIES REQUIRED? ~ ~ ~ Z. ARE 'YOU A RESIDENT OF SEBASTIAN? "~ 3. WILL DECORATIONS BE PUT UP?, ~:?.% 4. WILL THERE BE AN ADMISSION OR DOOR CHARGE? 5. ~WILL ALCOHOLIC BEVERAGES BE SERVED? t~ (a) If arts~ver to #5 is Yes, Permittee's proof of Age: Total ....... $ .'Tax ~?~ Total ........ ~.¢~¢. ?.¢ (b) If alcohol is to be served, permission is mquirecl by City Council. Your request will be presented to council on: _ SECURITY DEPOSIT -. ....... RENT ........................... 7% TAX ................ ; .......... Make checks payable to City of Sebastian (A service fee of 5% or $10.00, whichever is greater, may be charged for a dishonored check per City Resolution No: .R-96-.41) OFFICE USE ONLY DATI~ P/~iD RECEIPT NO. $250.00 ~/~ ~7 iNITIALS ALCOHOL BEVERAGE REQUEST ~0 [~] APPROVED Police Department Agreement Verified (if applicable) Date Key Pickup Date: Key Returned Date: SECURITY DEPOSIT RETURNED BY .CITY CHECK # FOR $ r-] DISAPPROVED ON: COMMENTS: RESOLUTION NO. R-00-21 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO THE USE OF THE SEBASTIAN COMMUNITY CENTER, SEBASTIAN YACHT cLuB, AND CITY COUNCIL' CHAMBERS; PROMULGATING RULES AND PROCEDURES FOR USE OF SUCH FACILITIES; PROVIDING FOR THE. COLLECTION OF RENTAL FEES, SECURITY DEPOSITS, AND OTHER CHARGES; PRECLUDING THE USE OF THE FACILITIES FOR COMMERCIAL 'PROFIT GENERATING ACTIVITIES; PROVIDING FOR REPEAL OF RESOLUTJONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the CrL7 of SebaslJan owns and maintains a Yacht Club and a Community Center for the Use and benefit of Its citizens and a City Council Chambers for the operation of City government; and WHEREAS, the promulgation of rules of conduct and procedure will promote the general health, , safety and welfare of.thi3se persons utilizing such facilities; and WHEREAS, the City Council deems it necessary to impose certain fees ior the uae of certain facilities in order to defray the .cost of maintenance and repair. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: SECTION 1. RULES AND REGULATIONS: The City Council hereby adopts the following rules and regulations for the use of the Sebastian Community Center and the Sebastian Yacht Club. A. An application for a permit to use the Community Center or the Yacht Club must be completed on forms provided for such purpose by the City Clerk. An application for a permit must be received by the City Clerk at least two weeks prior to the date of the requested use, however an application for a permit requiring City Council approval must. be received by the City Clerk at least two weeks before the next Regular City Council meeting date which is prior to the date of the requested use. It is the policy of the city of Sebastian that no waivem of the rental or secu~y depose will be.perm~ed, except as otherwise provided for in this Resolution. B. The City Clerk shall issue a use permit upon a determination that the requested use is .permissible pursuant to this Resolution and all fees have' been paid, In the event that the Proposed use may include actiVrties involving gambling, alcoholic beverages, the use of a facility after 11:00 p.m., or if an admission charge is to be assessed, than the City Clerk shall not issue a use permit until directed to dc so by the City Council. I I i i I i I City of Sebastian, Florida Subject: Resolution No. R-00-49 Adoption of Millage Rate for Calendar Year 2000. Exhibits: ~ Resolution No. R-00-49 EXPENDITURB AMOUNT BUDGETED: REQUIRED: N/A N/A ^g~naa~o. ~9c9,/SB Department Origin: Financ~ Date Submitted: September 19, 2000 For Agenda of: September 27, 2000 APPROPRIATION REQUIRED: N/A I I I I In accordance with Florida Statute 200.065 (7)(a.)(1.), it is required to tentatively adopt a millage tax rate for calendar year 2000 and for the budget year beginn/ng October 1, 2000 and ending September 30, 2001 at the first public hearing in which the budget is presented. On September 13, 2000, the City Council adopted the tentative tax rate of 5.0000 mills for calendar year 2000. The proposed millage tax rate of FIVE AND ZERO THOUSANDTHS (5.0000) MIIJLS is. 11% less than the "rolled-back" tax rate of 5.0053 mills and will provide sufficient operating revenue for the proposed budget for fiscal year 2000/2001. I I Attached is Resolution R-00-49 adopting the millage rate of 5.0000 mills for calendar year 2000 RECOMMENDED ACTION Move to adopt a tax rate levy of 5.0000 mills for calendar year 2000. i 1 I I RESOLUTION NO. R-00..49 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIA~ RIVER COUNTY, FLORIDA, ADOPTING A M~LLAGE RATE OF $.0000 MILLS FOR THE CALENDAR YEAR 2000 AND ALLOCATING' SAME TO THE FISCAL YEAR BEGINNING OCTOBER 1, 2000 AND ENDING SEPTEMBER 30, 2001; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TIlE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. ~.LAGE RATE LEVY. There is hereby Levied an Ad Valorem Tax of FIVE AND ZERO THOUSANDTHS .(5.0000) MIrLS against all real and tangible personal property for the calendar year (January 1, 2000 through December 31, 2000) and the resulting tax revenue is hereby appropriated for the General Operating Fund of the City of Sebastian for the fiscal year beginning October, 1, 2000 and ending September 30, 2001. Section 2. ROLLED-BACK RATE. The tax rate established in Section 1. is .0053 mills, or .11%, less than the computed "roiled-back" tax rate of 5.0053 mills. Section 3. CONFLICT. All resolutions or parts of resolutions 'in conflict herewith are hereby repealed. Section 4. EFFECTIVE DATE. mediately upon its adoption. Tkis resolution shall take effect The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Couucilmember into a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ben A. Bishop Councilmember Joe Barczyk Councilmember Edward J. Majcher, Jr. Councilmember James A. Hill and, upon being put The Mayor thereupon declared this Resolution duly passed and adopted this 27th day of September, 2000. CITY OF SEBASTIAN, FLORIDA By: Walter Barnes, Mayor ATTEST: Kathryn M. O'Hallorau, MMC City Clerk Approved as to form and legality for the reliance by the City of Sebastian only: Rich Stringer, City Attorney City of Sebastian, Florida Subject: Resolution R-00-50 Adoption of a Budget for Fiscal Year 2000/2001 · Resolution R-00-50 and Schedule "A" EXPENDITURE AMOUNT BUDGETED: REQUIRED: N/A N/A AgcndaNo. Department Origin: Finance ~ Date Submitted: September 19, 2000 For Agenda of: September 27, 2000 APPROPRIATION, REQLrJl~D: N/A S~Y In accordance with Florida Statute 200.065, a tentative budget for fiscal year 2000/2001, beginning October 1, 2000 and ending September 30, 2001, has been submitted to the City Council for review. A Budget Workshop was held on August 16, 2000 for the purpose of providing Council deliberations on the budget and public input. The result is the Proposed Budget for Fiscal Year 2000/2001 that has been provided to Council for review. On September 13, 2000, the City Council adopted a tentative budget for fiscal year 2000/2001. Following adoption of the tentative budget for fiscal year 2000/2001, a f-mai analysis was made of the budget for final adoption. The result is included in Resolution R-00-50 and further explained here. ~' The General Fund has been increased by $15,000 which results from including the Administrative fees due from the Riverfront Redevelopment Fund inadvertently left out of the budget. The corresponding increase is included in Contingency in the General Fund. )~ The Discretionary Sales Tax Fund is increased by $30,000 which results from an appropriation from fund balance for funding the purchase of two vehicles (small light duty trucks) for the Engineering Department. The vehicles being replaced were included in Appendix 1 of the budget and inadvertently left out of the funding process. > The Riveffront Redevelopment Fund is decreased due to receipt of final information for preliminary budgeting purposes regarding the boundaries of the district and the inclusion of some properties and the redefining of taxable propcn~y by the Property Appraiser's office. The result is a decrease of the Tax Increment Revenue of $31,010, gross for both the City and County and a slight increase in interest revenue of $3,144 resulting from higher interest rates, netting a decrease of $27,866. ~' The Golf Course Fund is increased by $3,573 which is the result of receiving a Tax Notice for the Restaurant portion of the Club House. This is the first year of this tax and is consistent with the rental of government owned properties to non-governmental entities. The net increase from the tentative budget to the adopted budget is $20,707. RECOMMENDED ACTION Move to adopt the proposed budget for Fiscal Year 2000/2001. i I I i I I I I I I I I I I i RESOLUTION NO. R-00-50 A RESOLUTION OF THE CITY COUNCIL OF TIlE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING Tlql~ BUDGET FOR TIlE FISCAL YEAR BEGINNING OCTOBER 1, 2000 AND ENDING SEPTEMBER 30, 2001; MAKING APPROPRIATIONS FOR TI-IE PAYMENT OF OPERATING EXPENSES, CAPITAL EXPENSES, AND FOR THE PRINCIPAL AND INTEREST PAYMENTS ON THE BOND AND OTHER INDEBTEDNESS OF THE CITY IN TIlE CITY'S GENERAL FUND, SPECIAL REVENUE FUNDS, DEBT SERVICE FUND, CAPITAL IMPROVEMENT FUNDS, GOLF COURSE FUND, AIRPORT FUND, AND MAJOR EQUIPMENT REPLACEMENT FUND AS PROVIDED FOR IN SCHEDULE "A', ATTACHED itERETO, ESTABLISItING AUTHORITY OF THE CITY MANAGER TO IMPLEMENT THE BUDGET; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager has submitted a Proposed Budget for the City of Sebastian for the fiscal year beginning October 1, 2000, and ending September 3'0, 2001; and WHEREAS, on September 13, and September 27, 2000, the City Council conducted Public Hearings on the PropOsed Budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL 'OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. The City Manager's Proposed Budget is hereby adopted for the Fiscal Year beginning October 1, 2000 and ending September 30, 2001 with the following amendments: INCREASE REVENUES GENERAL FUND [-DECREASE_) 001501 Charges fo~ Services $... EXPENDITURES GENERAL FUND (DECREASE.) 010099 Non-Departmental REVENUES DISCRETIONARY SALES TAX (DECREASE) 130010 Non-operating revenue $_ 20,0,00 INCREASE EXPENDITURES DISCRETIONARY SALES TAX (DECREASE) 130051 Capital Outtay $ 30,Q99 INCREASE REVENUES RIVERFRONT REDEVELOPMENT FUND [DECREASE) 140010 Taxes ($ 31,010) 140010 Miscellaneous 3344 Toal .... ~. ,~27~66 EXPENDrruREs RIVERFRONT REDEVELOPMENT FUN~ ~DECREASE) 140051 Non-Operating [$ ... 27,866) INCREASE REVENI..~S GOLF COURSE FUND [DECREASE_) 410010 Other Non-Operating Revenue $ ..... 3,$23 INCREASE EXPENDITURES GOLF COURSE FUND (DECREASE) 410110 Operating Expenses I~ ...... ~_~7~. Section 2. The revisions to the City Manager's Proposed Budget, as identified in Section' 1 are incorporated in Schedule "A', which shall become a part of this resolution. Section 3. The amounts Shown on the attached SchedUle "A" are hereby appropriated out of the Treasury of the City, including any revenues accruing to the City available for purposes of the City's budgetary accounts. Section 4. The City Manager is hereby authorized and d/rected to proceed with the implementation of the service programs and projects provided for in the budget. Such implementation is to be consistent with the provisions of the City Code of Orclinanees and policies established by the City Council. Section 5. The City Manager is authorized to make budget adjustments within budgetary accounts, as he deems appropriate. He is further authorized to make budget adjustments between budgetary accounts when necessary to implement programs, projects, and expenditures authorized by the City Council. All other budgetary adjustments will require prior approval by the City Council. Section 6. If any clause, section, or other parts of this Resolution shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated aud shall in no way affect the validity of the other provisions of this Resolution. Section 7. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 8. This Resolution shall become effective October 1, 2000. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember aud, upon being put into a vote, the vote was as follows: Mayor Walter Barnes Vice-Mayor Ben A. Bishop Couneilmember Joe Barczyk Councilmember Edward J. Majcher, Jr. Councilmember James A. Hill The Mayor thereupon declared tiffs Resolution duly passed and adopted this 27th day of September, 2000. .. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Walter Barnes, Mayor Kathryn M. O'Halloran, MMC City Clerk Approved as to form and legality for the reli~_~Tb~e City of Sebastian only: Rich Stringer, City Attorney' ATTACIt34-E~ TO RESOLUTION R-00-50 SCItED~E "A" BUDGET SUMMARY FISCAL YEAR 2000/2001 GENERAL FUND REVENUE: 001501 Taxes 001501 Licenses and Permits 001501 Iritergovemmental 001501 Charges for'Services 001501 Fmcs and Forfeits 001501 Miscellaneous 001501 Transfers In 001501 Cash Balance carryforward. Total Revenue Expenditures 010001 Legislative 010005 City Manager 010009 City Clerk 010010 City Attorney 010020 Finance 010035 Human Resources 010041 Police Administration 010043 Police Uniform Division 010045 Code Enforcement Division 010047 Police Detective Division 010049 Police Dispatch Div/sion 010051 Engineering 010052 Roads and Drainage 010054 Garage 010056 Building Maintenance 010057 Parks and Recreation 010059 Cemetery 010080 Crrowth Management 010085 Building Department 010099 Non-departmental Total Expenditures SPECIAL REVENUE I~UNDS LOCAL OPTION GAS TAX FUND 120010 REVENUE Taxes Miscellaneous Total Revenue I PROPOSED BUDGET FY 2000/2001 $ 4,145,631 486,764 1,493,505 102,952 143,800 176,400 4,00O 250,000 $ 6,803,052 $ 28,415 214,506 '301,172 102,657 278,935 181,349 344,671 1,238,086 89,081 362,397 299,224 284,695 1,067,122 137 113 174,200 473,767 91 789 242 948 283 497 607 428 $ 6,803,052 $ 527,802 4,400 $ 532,202 SCHEDULE "A" BUDGET SUMMARY FISCAL YEAR 2000/2001 120051 EXPENDITURES Operating Debt Service Transfers {)ut Non-operating Total Expenditures DISCRETIONARY SALES TAX FUND 130010 REVENUE Taxes Miscellaneous Non-operating Total Revenue 130051 EX~PEND~S Capital Outlay Transfers out Total Expenditures RIVERYRONT 2,_EDEVELOPMENT FUND 140010 REVENUE Taxes Miscellaneous Total Revenue 140051 EXPE~~S Operating Capital Outlay Transfers out Nomoperatmg Total Expenditures PROPOSED BUDGET FY 2000/2001 $ 141,628 300,000 79,697 10,877 $ 532,202 1,771,143 47,155 110,827 1,,929,125 $ 422,913 1,506,212 $ 1,929,125 94,306 7,944 102,250 $ 41,250 11,000 50,000 0 $ 102,250 DEBT SERVICE FUND REVENUE 201010 Miscellaneous Total Revenue EXPENDITURES 201051 Operating Debt Service Total Expenditures 2 $ 64,874 $ 64,874 $ 258 64,616 '$ 64,874 I SC~DULE "A" I BUDGET SUMMARY FISCAL YEAR 2000/2001 · · PROPOSED BUDGET FY 2000/2001 1 CAPITAL PROJECTS FUNDS General Fund $ 98,000 1 Golf Course Fund 600,000 1 Airport Fund 140,000 Grants and Other Revenues 1,182,961 · Discretionary Sales Tax 1,456,212 1 Local Option Gas Tax' 79,697 Total Revenue ,$ 3,556,870 EXPENDrFURES Roads $ 679,900 Drainage 911,705 1 Recreation 601,695 Public Works 35,909 Cemetery ' 27,661 1 Golf Course 600,000' Airport 700,000 Total Expenditures ~ $ 3,556,870 I GOLF COURSE FUND · 410010 Charges for Services $ 1,199,373 Other Non-operathag 722,109 · To~l Revenue $ 1,921,482 1 EXPENSES 410110 GOLF COURSE ADMINISTRATION DIVISION Personal Services $ 239,464 Operating Expenses 258,356 Debt Service , 205,930 I Total GC Administration Division 703,750 410120 GOLF COURSE GREENS MAINTENANCE DIVISION Operating Expenses . 513,057 ' Capital Outlay 14,700 Other Non-Operating 600,000 · Total GC Greens Maintenance Division 1,127,757 410130 GOLF COURSE CARTS DIVISION Personal Services 43,644 1 Operating Expenses 46,331 Capital Outlay 0 Total GC Carts Division 89,975 Total Golf Course Expenses $ , ,1,921,~482 I $ SCHEDULE "A" BUDGET SUMMARY FISCAL YEAR 2000/2001 AIRPORT ~ REVENUE 450010 Charges for Services O~her Non-operating Cash Balance Can3rforwa~d Total Revenue EXPENSES 450110 Personal Services Operating Capital Outlay Non-operating 'Total Expenses MAJOR EOU[PM2ENT REPLACEMENT FUND REVENUE Miscellaneous Transfers in Non-operating Total Revenue EXPENDITURES Capital Outlay Debt Service Non-operating Total Expenditures 4 PROPOSED BUDGET FY 2000/2001 155,621 19,000 91,512 266,133 45,948 55,885 24,300 140,000 266,133 $ 6,100 11,000 954,000 $ 971,100 $ 865,000 100,000 6,100 $ 971,100 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 a FAX (561) 589-5570 ! POLICY PAPER: I I I I I I I I I I I The Enhancement of Sebastian's Canal System September 2000 'City. ...., .~.:... :. .. ., .'.~ · .':' ',2.'.. i.,': ~'..': LEGEND ~U~ ~ND USE I .I 1 (up m B ~ I n~ COkiMEI~C,~L GENERAL IN~-'~NAL i CC~NSERVA'I30N i' ,. C4i,thmlrm O~o 4~9g Ka~ L~n~ Or,~pke. FT. 3~'71~ (40~ 9~773 E-Mail: O.OALOANO~ Wodd~mka~.~et I I i I i I I I I I I I I I I I I I I POLICY PAPER: The Enhancement of Sebastian's Canal System I. OBJECTIVE - TUR_NllgG A SOW'S EAR INTO A SILK PURSE While many times we curse the legacy of open drainage that GDC lei~ the City, there is an opportunity to enhance the major canal system beyond its utilitarian function as stormwater drainage. Many communities in the state have canal systems that are treated as true assets in the quality of life for its citizens, Already our canals are teeming with all species of freshwater fish, migratory birds flock along their banks, raccoons wander along the water's edge and playfully wash their snacks in the canals.. , all this from a public facility that by and large we consider,, and treat as, a mere ditch. A quick look at a map of Sebastian reveals that the major canals -- Elkam Waterway, Collier Creek, Schumann Canal -- nm throughout the heart of the City. While property owners on the canals enjoy certain riparian rights in the waterways, and indeed canal lots run at a premium to other similarly situated real estate, these canals belong to the public and should be managed in a way that bestows to the remainder of the community some of the recreational and aesthetic benefits enjoyed by those living along the canal banks. The objective of this Plan is to treat ~the canals more like waterways by protecting the existing vegetation, encouraging beneficial plantings along the banks, and providing facilities for public enjoyment, all in a way that preserves their primary function for stormwater discharge and enhances their filtration capabilities. VISION STATEMENT A Sebastian family has just finished a Sunday afternoon picnic in the park area beside the canal. While Grandpa takes the baby under the shade of the trees overhanging the bank for a little nap, Dad takes the little one down to the fishing dock for some bluegill action on the canepoles. Junior and his best friend are back from dropping the SUV off at the other park, and they're ready to put the canoes in for a lazy afternoon bird- watching/paddling 'excursion with Mom down the waterway. Property values are rising, and the living is easy... 1II. STEP ONE -- PRESERVATION AND RESTORATION OF TrrE, FAUNA The current discussion about the City's stewardship over the canal system arose over a couple of controversies involving clearing of the strip of land located between residential lots and the adjacent seawall. The former City Manager had promulgated a policy (attached) that sought to set parameters on the degree to which a homebuilder could remove the vegetation from what is in truth City-owned property. Unfortunately, confusion as to the differences between the City's authority as a regulator, versus its authority as a landowner, has prevented the effective implementation of'the desired policy objectives. The proposed policy will seek to preserve most of the natural plant growth along the canals, taking into account that canal lot owners are entitled to build docks and have a reasonable expectati°n of some view of the water. At the same time the City will undertake to encourage planting of desirable tree species that grow in a manner that has the least impact on water flow (swamp bay or redbay trees if within six feet of a seawall; pond or bald cypress also allowed if not). As they grow, these trees should have no more impact on water flow than the pilings of the docks now allowed on the canals, and they will provide environmental benefits of water filtration and wildlife habitat. A. Trimming of Brush An adjoining landowner will be allowed to obtain a permit to trim the height of shrubs and brush Coat not desirable trees) within the middle 60% of the lot frontage. The brush may be trimmed no lower than a total height of four feet or one foot above the level of any seawall, whichever is higher. B. Removal of Vegetation A separate permitting process shall be available for any adjoining landowner desiring to remove vegetation from the City canal frontage. Nuisance species can be removed from any part of the canal frontage. The permit to remove vegetation will have a fee sufficient to cover the City's expenses in inspecting the site before removal to verify existing conditions at the site and a final inspection to ensure that the permit was followed. The City Land Development Code already provides that a dock may be constructed within the middle one-third of the canal frontage, and clear-cutting will only be allowed within the area to be covered by a dock. In exchange for the privilege of clearing an area for a dock, the landowner will be required to plant specimens of the desirable trees either equal to the number of trees actually removed by the clearing or, if greater, in accordance with the following formula: . % of Frontage Cleared # of Trees 0+ to 15% 1 15+ % 2 Within the middle one-third of the frontage where no dock is to be constructed, no desirable trees may be removed, but remaining vegetation may be cleared so long as one ,~elected tree is planted within the cleared area for every 15 feet of impacted area. C. The City's Efforts For its part the City shall encourage civic groups to remove nuisance plants and plant desked vegetation, including desirable native grasses and small plants, along canal frontage that has been cleared in the past. LDC provisions shall be amended to allow a canal lot owner to receive tree point credits for up to two trees planted along the frontage. An extensive public education program will be enacted. i I I I I I I I I I I I i I I I I I I 1). Enforcement Wrongful removal of vegetation from the canal frontage shall not only be subject to a fine from the regulatory aspect, but vegetation will be replaced in equal size and number and the costs thereof will be assessed against the landowner committing the violation. IV. STEP TWO -- RECP, EATIONAL DEVELOPMENT The public's appreciation of the waterway system can only be enhanced if an opportunity to use them is provided. The City already has Hardee Park that can provide access to the canal system north of C.K. 512. The County should be encouraged to restore the connection of the canals under C.R. 512. The development of the passive water park in conjunction with the Water Management District south of Englar Drive will provide another prime opportunity to build amenities that could include a canoe launch and small fishing pier. The City also owns land at the site of Elkam Dam~ and a s. ignificant park parcel across the street, that could be used for picnic and canoe launch facilities. Out of respect for the solitude of the homes along the canals, it is recommended that gasoline-powered motors, now limited to 3 1/2 horsepower, be completed barred from the waterways. V. IB~PLEB~iENTATION This plan will require a number of changes to the City codes that can be adopted in short order to implement the vegetation protection provisions, and the recreational elements can be addressed step-by-step in the budgetary process. September 8, 2000 City of Sebastian, Florida l~"2.5 ~'~ Street U Sebastia.u, Florida 32958 .Telephone (561) 589-5330 E] Fax (561) 589-5570 Date: December 8, 1998 To: Tracy Hass, Growth IYIanagement Director Terry ~11, Public Works Dire~or George Benacci, Building Director From: Subject: Lot Clearing and Drainage Review' on Waterfront Properties Effe~ve immedia:ely, please make sure tim: all req~sU for lo: clearing mud ciraiuage appr°vals on wateffrom properties or lots ident4fy the r~ar proper~y I.tue abuttiug the adjacent water body.- Ofpfima~ concern is the laud lyiug between the ream property Iiue and the edge of water of the abutiug body o£water. The area bet-~veen the rear property line and the edge of water 4~ publicly owned in mos: cases. Any request to clear these areas should not be approved with the standard permit issued for the clearing of the privately owned propen'y without specific details relating tO selective cleating to insure ttmt. clear cutting will not occur. Adclit~onally, ~rosion or'turbidity bar/em should be required as a condition for any .allowed r~moval of vegetation within the publicly owned property. In order to dezerr.;~e wha: may be r~moved wi~M. that defined azea of public ownership, applicant should meet w~ the stuff' on ~:e and determine the minfmum necessary 'co insure reasonable phydcal and visual access to the wat~. '~ ai%r meeting with owner/contractor, staff is satisfied that proper steps are being taken no: to clear cut the site and tha~ proper erosion ¢onl:rol practices ~e going to be undertaken, approvals under those conditions would be acceptable. If you have any question r~gazdiug this mat~er, please contact me a~ your convenience. c: The PIonorablc City Council I I I City of Sebastian 1225 Main Steer Sebastian, Florid~ 112958 Telephone (56 I) 589~5111110 FAX (56I) 589-5570 I i I I i I I Subject: Authorize the City Manager to Apply for a Florida R~cr, ation Development Assistance Grant Approved for Submittal by: City Manager Agenda No. Department Origin: City Manager Date Submitted: 9/11/00 · For Agenda of: 9/27/00 Exhibits: Resolution No. R-00-51 & Fact Sheet fi.om Florida Recreation Development Assistaace Program ! Expenditure Required: Amount Budgeted: I Appropriation Required: I ~UMMARY STAT~,A4ENT This Resolution authorizes the City Manager to apply for a Florida Recreation Development Assistance Program Grant fi.om thc State of Florida Depamnent of Environmental Protection. I RECO3/IMENDED ACTION Move to authorize the City Manager to apply for a Florida Recreation Development Assistance Program Grant. RESOLUTION NO. R-00-51 A RESOLUTION OF'THE CTFY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR A FLORIDA RECRErA..TION DEVELOPMENT ASSISTANCE PROGRAM GRANT, PROVIDING FOR coNFLIcT; PROVIDING FOR EFFECTIVE DATE. - wHEREAS, the FLOK]DA RECREATION DEVELOPMENT ASSISTANCE PROGKAM assist municipalities in the provision of outdoor recreation sites and facilities; and ' WHEREAS, the City of Sebastian has benefited from such a Program in the past and will furth~ benefit from participation in the same; WHEREAS, the Mayor and City Council of the City of Sebastian wish to authorize the City Manager to apply for a Florida Recreation Development Assistance Program grant from the State of Florida Department of Environmental Protection. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF ~ CITY OF SEBASTIAN, as follows: · Section 1. AUTHORIZATION: The Mayor and City Council of the City of Sebastian hereby authorize the City Manager to apply for a Florida Kecreation Development Assistance Program grant from the State of Florida Department of Environmental Protection. Section 2. The City Manager's Office of the City of Sebastian is hereby directed to send copies of this l~esolution to the State of Florida Department of Environmemal Protection and to take all necessary steps in order to obtain said grant, including executing the application and any other required documents. Section 3. CONFLICTS. conflict herewith are hereby repealed. Section 4. EFFEC~ DATE. immediately upon its adoption. A motion to adopt the foregoing Kesolution was made by Counciknember ,. The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: All resolutions or parts of resolutions in This resolution shall take effect Mayor Walter Barnes Vice Mayor Ben A. BishOp Councilmember Joseph Barczyk Councilmember James A. Hill Councilmember Edward J. Majcher, Jr. day of. The Mayor thereupon declared this Resolution duly passed and adopted this __ , ,ooO. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Walter Barnes, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk APPROVED TO FORM AND LEGALITY Rich Stringer, City Attomey ~ What is FRbAP? . FRDAP is a competitive which provides grants for program ~ , ' I acquisition or development of land for public outdoor recreation ~ ..... a,.~_,, I Florida s Department of Environmental Protection (DEP) adminis- ~ ~'~'~(~{~r~J;J)~ I ters the program according to Florida Statute and Administrative I Code. The Bureau of Design and Recreation Services in DEP's ~ I Division of Recreation and Parks has direct responsibility for ~ IV/ho A4ay Apply For ?RbAP Funds? ~ · __ Municipal or county governments or other legally constituted enti- ~JlliJ~ ~J~TiJ~C~ ~ ties with the legal responsibility to provide public outdoor recre- i ation. , How Do · ApplyP ' ' · .... ~ ......' For fiscal year 2001-02, applicants must submit a completed FRDAP Grant Application during an announced submission pc- ' . dod. Applicants may submit up to two applications during the -. submission period. Applications must involve only one project site except for acquisition or development of sandy beach access.., Florida what is the-A4aximum Grant Amount? ~)eloi3r, tme/'lt O~ The maximum, grant amount for Fiscal Year 2001-02 is 200,000. E v ronmenfol . , _ ' _ . _ . ~nar are the ~fatch Requirements~ Protection ~ ' The local match requirement depends on the total pro]em cost: ~,~_1~~.. ' Total Project Cost FRDAP Grant Local Match ,~ $50,000 or less 100% 0% _~..~~ $50,001-150,000 75:,~o ' 25o~10 ~~, Over $150,000 .50Yo 50Yo " ~~~a~ What. Can ~ l/se to ~atch a FRDAP ~rantP /~l~ ;-:-- -,t' ' Cash Value of undevelopedland owned by applicant (subject ~.vt~tun ~1 to conditions) * In-kind services Recrect finn and Put'ks l-iow are FRDAP Grants Awarded? ~ ~,A~ ~ Each application is reviewed to determine eligibility. The Bureau (~~~e) cation according to Florida Administrative Code and assigns a ~'~'jl~ I1~ ~,~' final score. Based on the scores, DEP prepares and submits a '~- 7<~,~' recommended priority list to the Florida Legislature for funding consideration Who Do ~r Call for ~f4ore _rnformation? Bureau of Design and Recreation Services Look for the 3900 Commonwealth Boulevard, Mail Station #585 Bureau's b/omepa.qe o~': Taltahassee, Florida 32399-3000 ~ www. dep.state.fl.us\parks\BDP,5 Phone: 850/488-7896 (Suncom 278-7896) ~ Fax: 850/488-3885 (Suncom Fax 278-3885) List of Grant Program Managers by County Diane Langston Mary Anrt Lee. Lynda_Wynn -_Rita__Ventry Diane. Langston @dep.state.fl.us Mary. Ann. Lee@ dep.state.fl.us Lynda.Wynn @ depJtate.fi.us Rita.Ventry@ dep.state.fl.us . Brevard D'uval :Franklin :Hillsboro'3g,h,. .Leon.. . O,k~'echobee~ ',Palm Beach 'Pinellas: .Seminole Wakulla ,. Ala,chua Baker, ... ; "., Bradfdrd , ~," '.Ch~tflo i .'"..'. ·CitrUs-"·: '.7 '.':'..- ,.. ~ ,:':,' , .. . · , , ...... Colher.,,; .... j. :.;~,?.,, coic:i.~[;i;~..:~' .. t ;.~.~ ,, D" ' "" ";';'""";"" ' I .; ".'~:".',.' aae'~.:'.... :.... I , ~,~.'-: ~.,~: '; '.';':,'. ' I'.'..~, .'Esca, mlsia . .?~!¢!!.¢'~.r!~i::~:;..!!.'...',.... J '~ "Gli~dEJs";~ "" :':, Gulf' .': "H,~iltc~n , ,Hernando... ,.. .'.. j6~rson ',' ': La:ke Man'at~'e Marion Martin Polk Putnam St. Lucie Suwannee Taylor Union I ,., Bay ,, .,,:Brbward ., S~,rasota'. I St.-Johns Sumter Volusia Walton ,, Washington I I I I i I I I i I I I I I I I I I I City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: Resolution No. R-00-53 - Revised Interlocal Agreement for Creation of Indian River County Metropolitan Planning Organization to Officially Add School Distdct as Voting Member · Keating Letters to City Manager w/Attachments · .Resolution..R-00-53 · Revised Interlocal Agreement · 1/12/00 Council. Minutes Excerpt · Tippin Letter to City Manager · 4/12/00 Commission Minutes Excerpt Expenditure Required: Amount Budgeted: Agenda No. ~ (~). /~ Department Origin: City Manager Date Submitted: 9~19/00 For Agenda of: 9/27/00 Appropriation Required: SUMMARY STATEMENT In 1992, City Council adopted Resolution R-92-30 approving an intedocal agreement establishing the Metropolitan Planning Organization (MPO). and an Apportionment Plan. In 1999, City Council adopted Resolution R-99-38 accepting the 1999 Appodionment Plan which reflected the same population figures as the 1.993 plan but added the Indian River County School District as a voting member. On January 12, 2000 City Council, by motion, directed staff to request one additional .voting member on the MPO for the City of Sebastian. The Indian River County Commission met on April 12, 2000 and passed a motion that the process begin to add an additional member from the City of Sebastian to the MPO. Robert Keating, indian River County MPO Staff Director, in a letter dated September 5, 2000 is now requesting that in order to finalize the process of adding the School District as a voting member of MPO, each member approve and execute a revised Interlocal Agreement in the same manner as the original was approved. RECOMMENDED ACTION In light of the City Council's recent request, I am recommending that City Council adopt Resolution R-00-53, approving execution of the interlocal agreement,~F, ;~,c. c_~nH~,..-. :~c'. ~,;,~ .,or= vefing meml~r fr~m the ~ity of Sebastian be ad~d to the Appe~lan, (561) 567-~000, ~ 1237 Fax: (561) 97~-1g06 I I Dear Mt. MOore: WS~ the ~ Rfver Commy MPO was ~o .~_._ ~d in 1993, ~ apporfiomaem plm w~ dmv~opcd to eeab~h ~e ~e ~ rcpr~m~n of fie ~O Po~y Bo~d. ~ ~0's.1993 (ofi~) a~o~~t p~ pro~d vO~ ~p~s~tadon for ~e Co~, V~o B~ Seb~ F~, ~ ~ ~r Sho~. ~ ~~ ~ ~pro~d for ~ ~ ~ Co~ S~hool~ ~CSD) ~ ~ To~ of O~o~ to b~ aoavo~ ~O ~s. In ]am 199g, the Il{CED rmtucsted wot~ mmmbership ~ req~ w~ co~m~ pmp~ a 1999 a~o~~t ~ w~ w~ ~proved by ~ ~0 m ~ Feb~ 10, 1999 ~e~g..~e 1999 ~o~ of o~ vo~g ~b~ ~CSD repms~ r$~=~ vo~g m~er of ~ ~0 Siaoe the MPO's approval of the 1999 apportiommeat plaa, tim lo,owing a~ti~$ h~ve occurred: .C0nsivamt w~ mine ~m'Urm~, a oopy. of the adOPted appor~omnezt p~.w~ ,stat $o ~ ~SD ~nd e~h of ~ ~h ~c~t or ~je~ ~ ~O's proposed 1999 appo~o~m~t p~ ~e~e r~olufiom of Sebm ~ F~.~re, ~ ~e To~ of Ore~ ~ I~a~ .~er Shores. w~re stat to ~OT ~ h F~, 2000, app o~onm~ p~ . To ~c th~ pzoccss of m~l~g ~hc IKCSD a vot~E nmmb~r of ~ ~0, ~oh of ~ ~0 ~ ~~ m~w ~ ~ ~cd ~O~AGR~~ MCR ~~0N OM ~ ~~ ~ C0~ ~OPO~ P~G 0RO~z~ON. ~ doc~ ~a~ fo~ o~h~d ~.~0 ~ 1993. To ~~ ~'~w appo~o~ p~ Now ~Z ~OT~ ~y a~ov~ ~ wor~ of~ rc~d ~c~ i ~ ~ you a copy of ~c a~s~ (copy a~cd) ~d ~~ ~ yo~ ~w ~c Co~ approw ~ a~c~t o~ do~ for ~ ~yo~ ~o ~ · ~ ~y quc~o~ ~ ~g~ ,h~.~ ~, p~ do not ~ to oont~ ~. S~y,. ' -. ' ' ~' , ."'. ~O~~e~or. ' ' · ' · ORGANIZ~IO~ I 1840 2$th Street V~o B~c.,h, Florida 32960-3365 (561) 567-8000, ext. 1237 Suncom: 224-1237 Fax: (561) 978-1806 IdroY@b¢¢.¢o.indian-fiver.fl.m Voting Members: City of Pellsmere hdia~ River County Indian River County School District Town of Indian Rivet Shores City of Sebastian City of Veto B~ch Non. Voting Members: Town of Orchid Florida Dcpartraent of Transportation Stare Transpotxafion Planner Chainman Commissioner John Tippin Indian River County Vice Chairman ouncilman Charle, Wutra~tcclt Town of Indian Rivet Shon:s Staff Director Robert M. I~tting, AICP September 19, 2000 Mr. Tencnce Moore City Manager City of Sebastian 1225 Main Street Sebastian; Fl 32958 Dear Mr. Moore: As per your request, I am writing ~ letter to provide suppl~nental information regarding my recent request for the City of Sebastian to authorize the mayor to execute the Interlocal Agreement for the Creation of the Indian River .County MetroPolitan Planning Organization~ The 'referenced interlocal agreement is a document wkich must be executed by the MPO's member jurisdictions .and the no,ida Department of Transportation (FDOT) to change the voting membership of the MPO. In this case, the change.is to add the lucian Kiver County School Dian-itt as a voting member of the MPO. It is important to note that execution of the interlocal agreenmnt 'is one of the last steps in a long process thai must begin'with the'MPO's adoption of a revised apportionment plan. For your information, I la~ attached several doc~ to this letter. These inchdc: a copy.of the MPO's adopted 1999 apportionment plan, a Copy of'an axccrpt from. Chapter 339 of Florida Statutes, and a chronology of the I999 apportionment pla~ rehtcd activities. Hopefully, these documents will put in perspective the ~me~r~me.s assoc/ated with the City of Sebastian's request for an additional representative on the MPO. As indicated by the 1999 apportionment plan chronology, the'process is time consuming. Not only must plans and agreements be drafted, reviewed, .and approved, but various jurisdictions, agencies, and offices must take action. For those reasons, I have attempted to complete the 1999 apportionment Process before formally initiating the effort to again revise the MPO's apportioned representation. Even though it has taken longer than anticipated .(because of FDOT not providing the necessary detail information to ~e the interlocal agreement) to complete the 1999 Apportionme-ut process, MPO staffhas started work on the new apportionment plan which must be prepared to add another Sebastian voting member to the MPO. The City of Sebastia~ irfi~ted its request for additional MPO representation with a · February 23, 2000 letter to MPO Chairman John Tippim On April 12, 2000, the /--A MPO approved the Ci~s request and directed staff to initiate the process of rexSs/ng the MPO's apportioned representatio~ $iuce the April MPO meeting, staff h~ worked on preparing a revised MPO apportionment plan. Because of the pro,,_vi~__'.on of Section 339.175(2)(a) of Florida Statutes that requires that MPO's be apportioned om an eq~t, ablc geographic-population ratio basis," thc MPO may not have the ability to just increase the MPOs membership by adding another Sebastian representative. There may have to be other changes to ensure the required equitable geographic-population ratio. For that reason, IvlPO staffhas identified several MPO apportionment options, each having different representatiom ~rom the member loc~ governments. After doing a sta~'tiea~ analysis of these option.~, we ha-~e started working on the draft apportionment plan. (]ivem those considerations, I anticipate briuging a revised draft apportionment plau before the MPO at its November me. ting. B~ that t~me, the 1999 Apportionment Plan process will be completed, the analy~ dome, and the revised plan drafted. i hope that th~s informatiom adequately explaius the apportionment process and timefi'ames. With that, leu me emphasize that the only issue before the City Council now is whether or not to appro'~e and authorize the n~yor to axeaute the Inteflocal Agreement that will provide voting membership to the Indian P, iwer county School Dh'trier. i trust that this iuformation is ~eut to address any issues that may arise at the September 27, 2000 Sebastian City Council meeting and that you do not ~aeed me to attend. If any questions do arise prior to the meeting, please do mot he.ate to contact me. Robert M. · MPO Staff Dh'ecl:or '~ Commissiomer Jotm Tipp~ James Chmdl~r Attachments t INDIAN ,.RIVER COUNTY MPO 1999 APPORTIONMENT PLAN Indian River County Indian River County Metropolitan Planning Organization (Veto Beach Urbanized Area) Joh~ Tippin, iV[PO Chairman ADOPTED: February 10, 1999 INDIAN RIVER COUNTY tVIETROPOLITAN PLANNING ORGANIZATION 1999 APPORTIONMENT PLAN Background Based upon 1990 Census data. the City of Vero Beach and the densely populated land surrounding the City was designated as a Census urbanized area. With a total 1990 population of 64,707, the urbanized area includes ttmee general purpose local governments. These are: the City of Vero Beach, the Town of Iud/an River Shores, and the Board of County Commissioners (unincorporated area). While the Vero Beach Urbanized Area includes only those areas in and around the City of Vero Beach, the area expected to be re:ban within twenty years includes much of the land within the County east'of 1-95.. Considered as the trarmitioning urbauized area, that portion of the County includes four of the co,tory's fiVe'incorporated areas. The only mmficipality within the County which is not within the tramitioz_ing urban/zed area is the City of Fellsmere, As per the requirements of 23 USC 134(c) and 23 CFR 450.308, the metropolitan (PL) area shall at'. a minimm include the existing urbanized area and the area e.xpected to become urbanized within twenty.years. According to federal regulations, the PL areamay include all oz. part Of a county. Accordingly, the metropolitan (PL) area boundary was established pursuant to those requirements. As established, the metropolitan (PL) area includes all land within the transitioning urbanized area as well as the City of Fellsmere, the area around the City of Fellsmere, and a corridor along CR 512 extending from the transitioning urban/zed ~ea boundary to the City of Fellsmere. 'Description The MPC (PL) area is depicted on Map 1. As shown on that map, the MPC area includes only the easternmost portion of the. coupty, comprising approximately 25 percent of the land in the .county. While the MPC area'~C.arporates only 25 percent of.the county's'land area, it includes virtually all of the county's population. According to the 1990 Census, the County's 1990 population was 90,208. Of that number, 64,707 were within the Census urbanized area. Most of the land outside of the metropolitan area boundary is undeveloped marshland, agricultural land, or natural areas, with only scattered homesites, farms and ranches. 'For this reason, it is assumed that the entire County population .is with/n .the metropolitan area boundary. '" Besides showing the MPC boundarY, Map 1 also depicts municipal boundaries as well.as County Commission district boundaries. The 1990 population for each of these areas is also shown °n the map. As indicated, all five of the county's municipalities are within the metropolitan (PL) area. The five incorporated areas are: City of Vero Beach, City of Sebastian, Town of Indian River Shores, City of Fellsmere, and Town of Orchid. Of these, Vero Beach is the largest; it is also the County seat. With a 1990 population of only 10, the Town of Orchid is the smallest, Table 1 identifies existing (1990) and projected population for the County and e~zh Of the municipalities. Besides size, there are other differences among the county's municipalities. Probably the most significant are geography and affluence. Both the Town of Orchid and the Town of Indian River Shores are located entirely on the barrier island. These communities have limited transportation facilities within their jurisdictions, with SR A1A being the only state maintained roadway within the two communities. Both towns m'e predorninately residential, with only minor retail commercial uses, and both have affluent residents and high median family incomes. Vero Beach is not only the largest municipality in the County; it is also the most diverse. Including both mainland and barrier island areas, Vero ·Beach has significant residential and non-residential areas. While almost built-out, the City has a significant amount of redevelopment activity. Various state roads (SR 60, SR A1A, US 1), non-state arterials, a bruited public transportation system, a public use airport, and the railroad constitute the major components of the transportation system within the City~ . ' " Both Sebastian and Fellsmere are. comPletely mainland communities. Fronting on the Indian Rivei' Lagoon, Sebastian is the larger of the two, and the fastest growing of the county's municipalities. With more than 10,000 vacant platted lots, Sebastian is expected to continue to grow at a. rapid rate. Sebastian has a public use airport and a portion of US 1 within its boundaries. Fellsrnere is the only municipality located west of 1-95, and.the only municipality without any state roadways w!thin its 'boundaries. 1993 A/pportionment Plan Alternatives Section 339.175, Florida Statutes identifies MPO apportionment reqUirements. Of these requiremgnts, the three most important are: the size requirement; the proportionality requirernent; and the requiremer~t that (with minor exceptions) only elected officials of general purp.ose local governments may serve on the MPO Policy Board. .. When the MPO was formed in 1993, an apportiomnent plan was developed for the M"PO Policy Board in accordance with Section 339.175, F.S. The development of the apportionment plan involved an altematiws analysis regarding the number and geographic distribution of the MPO Board members. In order to provide for a manageable goveming body in relation to the relatively small population included within the MPO, alternatives were considered which limited the size of the MPO Policy Board to 7, g, or 9 members. In assessing the board membership alternatives, a major consideration was the proportionality requirement. From a proportionality perspective, the most equitable alternative in terms of population and.geo~orapkic representation was found to be the me member option. The nine member option, which was subsequently adopted, consisted of an iV[PO Policy Board with four County Comm~ issioners, two Veto Beach City Councilmen, one Sebastian City Councilman, one Fellsmere City Councilman, and one Indian Riv. er Shores Town Councilman. Besides those voting m~mbers, two nonvoting members were appointed to the MPO Board. These were r~resentatives of the Town of Orchid and the indian River County. School District (IRCSD). With this option, the unincorporated County representation (based upon the four County Commission representatives) was close to the unincorporated proportion oft. he total County population. Another advantage of this alternative was that the smaller municipalities, with the exception of the Town of Orchid, had direct representation on the MPO Board. Each of the other options considered resulted in inadequate representation on the lviPO .Board for the smaller municipalities. While the seven member option would have included the three smallest municipalities (Town of Indian River Shores, City of Fellsmere, and Town of Orchid) with unincorporated residents and provide them representation .through County Commission representatives, eight and me member alternatives would have assi~ned a shared representative for the three .smallest municipalities. Became of the dissimilarities among these municipalities, it was determined that a shared representative approach would not be feasib'le. AtSer careful consideration, it was determined that ali municipahties except Orchid should have voting representation on the lvl~O Board. ' When the initial lVl?O apportionment plan was developed in 1993, an important consideration was whether the IRCSD could be represented ~ a voting member of the M~O Policy Board. Although representatives of the general purpose local governments .witkin the lvl~O area agreed that the. IRCSD should have voting representation on the Iv[PO Board, FDOT disagreed..According to FDOT, Chapter 339, F.S. specifically listed criteria for IV[PO membership and that criteria would not allow a school board to have voting representation on an IvlPO Board. 1993 ApPortionment Plan Table 3 depicts the MPO Policy Board structure established by the 1993 Indian River County MPO apportionment plan. As indicated in that table, the MPO Policy Board had nine voting members. These included four County Commissioners, two Vero Bea~-h City Councilmen, one Sebastian City Councilman, one F,.,llsmere City'Cotmcilman, and one Indian River Shores Town Councilman. The Iv[PO Board also included as nonvoting'members one representative oft. he ToTM of Orchid and one representative of the IRCSD. As structured., the MPO Board had direct representation from five of the six general purpose local governments within the MPO area. Only the Town of Orchid, which had a 1990 population of 10, did not have direct representation on the MPO Board. 1999 Apportionment Plan Analysis Since 1993, FDOT's position regarding school board voting representation on MPO Policy Boards has changed'. Fox example, FDOT, in addressing initiatives by the Broward MPO to add a school board member to its MPO Policy Board, has interpreted Chapter 339, F.S. to.allow school board representatives to serve as voting members of MPO Boards. This is based on Chapter 339's provision that representati'ves of agencies operating major modes of transportation may have voting representation orr MPO Boards, and a recognition that school boards are agencies operating a major mode of transportation. As written, Chapter 339.175(2)a, F.S., states that au MPO "may include, as part of its apportioned voting members, an...official of an agency that operates or .administers a major mode of Xansportafion." In Indian River County, the Indian River County School District (H1.CSD) provides a greater number of trips over a greater number of miles with a larger fleet than any other transportation provider, including the County's public transportation provider. Unlike the County, 3 municipalities, and other major transportation providers, such as the Community Coach public transportation system and the County. '~ three public airports, all of ~,vhich have direct or indirect voting representation on the MPC Policy Board,. the IRCSD does not have direct or indirect voting representation on the MPC Board. Although adding an IP,.CSD voting member to the MPC Board does not affect the population or percent distribution of the MPO's 1993 apportionment, it does require updating the MPO's original 1993 apportionment plan because it changes the. structure of the MPC Board. This 1999 apportionment plan addre.~ses the addition of an n~CSD voting member to the MPC Board and contains the information required in an apportionment plan by Chapter 339.175, F.S. Table 4 depicts the Policy Board structure established by the Indian River County MPO's 1999 apportionment plan. The 1999 plan differs from the 1993 plan by the addition of one voting member from the iRCSD. As a comparison of Table 4 and Table 3 indicates, providing the IRCSD wilh · voting representation on the MPC Policy Board does not affect the population or percent distribution of the MPO's 1993 apportionment, This.is'because the iRCSD serv~ the entire County rather than a geos-raphic subarea. Therefore, the geographic population and the percent representation served by the MPC Boacd's 1993 members will not change, in fact, the MPC Board' will more accurately represent and reflect the major transportation providers in the County without reducing the representation of the current MPC Board members. 1999 Apportionment Plan .Appro~,al In accordance with Chapter 339.175, F.S. and FDOT policies and procedure, s, the MPC um_uimously .approved the 1999 apportionment plau at its regularly:scheduled February 10, 1999 meeting. Once approved by the lVIPO, the 1999 apportionm~nf Plan was then approved by resolution by each member local government and subsequently transmitted to FDOT District Four and the Governor's Office. .4 Table 1 Existing (1990) and Projected Population Indian River County City of Vero Beach City of Sebastian Town of Indian River Shores City of FeHsmere ' Town of Orchid Unincorporated 1990 Po.p~l. agon 90,208 17,360 10,206 2,278 2,179 10 58,175 100 19.2 2.5 2.4 64.5 .. Population 104,501' 18,388 13,036 3,029 2,559 254 67,235 1995 perceJl.t 100 17.6 12.5 2.9 2.4 .24 ,64.3 Sources-' U.S. Department of Commerce, Bureau of the Census University of Florida, Bureau of Economic and Business Research Indian River County, Community Development. Department I - a. ,,~ 14,544 8,68010,20~,2782,179 N/A"' ~ ~ a. 40.0 20.0 10.0 .10.0 10.0 10.0 1999 TRANSPORTATION FINANCE AND PLANNING . publishing a notice in the Florida Administrative Weekly nee and within a newspaper of general circulation within the ..j.area of each department district office. ~ (b) During development of major transportation .: improvements, such as those increasing the capacity ~en~f~ ! of a facility through the addition of new lanes or provid- ing new access to a limited or controlled access facility n , or construction of a facility in a new location, the depart- )22, merit shall hold one or more hearings prior to the seiec- i: '. tion of the facility to be provided; prior to the selection [ · ' of the site or corridor of the proposed facility; and prior to the selection of and commitment to a specific design ..._ proposal for the proposed facility. Such public hearings ic shall be conducted so as to provide an opportunity for " effective participation by interested persons in the proc- ,=~r' -~ ess'of transportation planning and site and route selec- po.~ '..'ii.tion and in the specific location and design of transpor- ,o..-., t~tion'facilities. The various factors involved in.the deci- '"'i~ sion or decisions and any alternative proposals shall be clearly presented so that the persons attending the Lnce' ..i'i..:~i hearing may present their views relating to the decision f. (c) OppOrtunity for design hearings: 1. The department, prior to holding a design hear- or ! .lng, shall duly notice all affected property owners of rec- ~1!...'i~. '1!..i:~..' etd, as recorded in the property a~3praiser's office, by --¢."..i,~ .mail at. least 20 days Ptior to the date sat for the hear- ' '. lng. The affected property owners shall be: ~ax~ .... a. Those whose property lies in whole or in part [ the' '~':)'1 .within 300 feet on either side. of' the centerline.of the l a '.,,.' proposed facility. ~--;:: b. Those who the department determines will be so~y ~-.~ substantially affected .environmentally, economically, any~ socially, or safetywise. ~/~ir..~.~ 2. · For each subsequent heating, the department shall h.~.:: daily Publish notice at least 14 days immediately prior to the hearing date in 'a newspaper' of .general cir- · '~lation ~or the.area affected. ~ll~.~I"telp~. 3. A copy of the notice of opportunity for the hear- r~ ~g shall be furnished to the United States Department of Transportation and tO the appropriate departments the'-,.31~ 'of the state government at the time cf publication. Ii!il ,4. The opportunity for another hearing shall be afforded in any case when proposed locations or ' designs are so changed from those presented in the ~onal notices specified above or at $ heating as to have a substantially different s~cial, economic, orenvironmen- tel effect. 5. The opportunity' for a hearing shall be afforded . in each casa in which the department is in doubt as to whethera hearing is required. ~lile~'lt,---s, 3, {~h. ~3-BgB: s, 1, ¢~n. ?'3-3~51 G. 1. {3{I, 7'7.1 ~: s. 21 B, eh. $4.309; · s. 2, ~. ~4.33~.; I~. 19, ~h. ~0~136; I. 3, r,h, ~2.152; I, 3, Ch. B3-164; s. 49, ch. ~4.237; s. 8. ch. 95-.14~; s. 5~, ch, 95-~.~7; s, 6, ch. ~-25$; 339.175 Metropolitan planning organizstion.~lt is the intent of the Legislature to encourage and promote .the safe and efficient management, operation, and development of surface transportation systems that will the mobility needs of.people and freight within and through urbanized areas of this state while mini- transportation-related fuel consumption and air Ch, 339 pollution. To accomplish these objectives, metropolitan planning organizations, referred to in this section as M.P.O.'s, shall develop, in cooperation with the state and public transit operators, transportation plans and .programs for metropolitan areas. The plans and pro- grams for each metropolitan area must provide for the development and integrated management and opera- tion of transportation systems and facilities, including pedestrian walk'ways and bicycle transportation faclli-' ties that will function as an intermodal transportation system for the metropolitan area, The process for developing 'such plans and programs shall provide for consideration of all modes of transportation and shall be continuing, cooperative, and comprehensive, to the degree appropriate, based on the complexity of the -transportation problems 1o be addressed. (1) DESIGNATION.-- (a)l. An M.P.O, shall be designated .for each urbanized area of the state, Such designation shall 'be accomplished by agreement between the Governor and units of general-purpose.local government repro. seating at least 75 percent, of the population of the urbanized area; however, the unit of general-purpose local government that represents the central City or cit- ies .within the M.P.O. jurisdiction, as defined by the United States Bureau of the Census~i must be a party to such agreement. '" 2, More than one M,P.Oi may be'designated within an existing metropolitan planning area only if the Governor and the existing M.P.O. determine that the size and complexity of the existing metropolitan plan- ning area makes the designation of. more than one M.P.O, for the area appropriate. (b) Each M.P.O. 'shall be created and operated under the provisions of this section pursuant to an interlocal agreement entered into pursuant to s. 163.01. The signatories to the interiocal agreement shall be the depattr~'ent and the governmental'en..tit~es designated by.the Governor.for membership on the M.P,O. if there is a conflict between this section and s. 163.01, this section prevails, (c} The jurisdictional boundaries of an' M.P.O. shall be determined .by agreement between the Governor and the .applicable M.'P.O. The .boundaries must include at least the metropolitan planning area, which is the existing urbanized area and the contiguous area expected to become urbanized w~thin a.20-yasr fore- cast period, and may encompass the entire metropoli- tan statistical area or the consolidated'metropolitan.sta- tistical area. (d) In the case of an Urbanized area designated as a nonattainment area for ozone or carbon monoxide unde~ the Clean Air Act, 42 U.S.C. ss. 7401 etseq., the boundaries of the metropolitan planning area in exist- ence as of the date of enactment of this paragraph shall be retained, except that' the boundaries may be adjusted by agreement of the Governer'and affected metropolitan planning organizations in the manner described in this section. If more than one M.P.O. has authority within a metropolitan area or an area that is designated as a nonattainment area, each M.P.O. shall consult with other M.P.O.'s designated for such area and with the state in the coordination of plans and pro- grams required by this section. 1643 Ch, 339 TRANSPORTATION FINANCE AND PLANNING F.S. 11~ Each M.P.O. required underthis section must be fully Any charter county that elects to exemise the provi- tion operative no later than 6 months following its designs- sions of this paragraph shall notify the Governor in writ. tion. ing. (2) VOTING MEMBERSHIP,-- (d) Any other provision of this section to the con- (a) The voting membership of an M.P.O, shall con- trary notwithstanding, any county chartered under s, ~ autt sist of not fewer than 5 or more than 19 apportioned 6(e),Art, VIIIoftheStateConstitutionmayetecttohave members, the exact number to be determined on an its county commission serve as the M.P.O., if the equitable geographic-population ratio basis by the M.P.O. jurisdiction is wholly contained within the Governor, based on an agreement among the affected .county. Any charter county that elects to exemise the ~. the units of general-purpose local government as required provisions of this paragraph shall so notify the Gover. by federal rules and regulations. The Governor, in nor in writing, Upon receipt of such notification, the accordance with 23 U,S.C.s. 134, may also provide for Governor must designate the county commission as M.P.O. members who represent municipalities to alter- the M.P.O. The Governor must appoint four additional foru voting members to the M,P,O., one of whom must be nato with representatives from other municipalities an elected official representing a municipality within the within the metropolitan planning area that do not have county, one of whom must be an expressway authoribj members on the M.P.O. County commission members member, one of whom must be a person who does not '~ TI~' shall compose not less than one-third of the M.P.O, hold elected public office and who resides in the unin` membership, except for an M.P.O. with more than 15 corporated portion of the county, and one of whom ~ IV~ members located in a county with a five-member must be a school board member. ~,, r county commission or an M.P.O. with 19 members (3) APPORTIONMENT.~ located in a county with no more than 6 county commis- (a) The Governor shall, with the agreement of the .~ fed~ .loners, in which case county commission members affected units of general-purpose tocal gov'mm.nt as may compose less than one-third percent of the M.P.O. required by federal rules and regulations, apportion the membership, but all county commissioners must be membership on the applicable M.P.O. among the vad. members, All voting members shall be elected officials ous govommental entities within the area and shall pre- porl of general-purpose governments, except that an scdbea method for appointing alternate members who inl M.P.O, may include, as part of its apportioned voting mayvoteatanyM.P.O, meeting that an altemate mem- in members, a member of a statutofily authorized plan- ber attends in place of a regular member. An appointed f ning board, an official of an agency that operates or alternate member must be an elected official sewing administers a major mode of transportation, or an offi- the same governmental entity or a general-purpose cial of the Spaceport Florida Authority. The county local government with jurisdiction within all or part of commission shall compose not less tha~ 20 percent of the area that the regular member serves. The govern- the M.P.O. membership if an official of an agency that mental entity so designated shall appoint the appmpri- operates or administers a major mode of transportation ate number of members to the M.P.O. from eligible oB- ciats. Representatives of the department shall ss..r~e..~ been appointed to an M.P.O. ha~b) In metropolitan areas in which authorities or nonvoting members of the M.P.O. Nonvoting ' other agencies have been or may be created by law to may be appointed by the M.P.O as deemed n~ ,~,..:;,;'~:.~ sue perform transportation functions that are not under the sary, The Governor shall review the composition of the :' jurisdiction of a general purpose local government rep- M.P.O. membership in conjunction with the decennial resented on the M.P.O., they shall be provided voting census as prepared by the United States Department membership on the M.P,O. In all other M.P.O.'s where of Commerce, Bureau of the Census; and reapportion i vi~ it as necessary to comply with subsection (2). will: transportation authorities or agencies are to be repro- · sented by elected officials from general purpose local (b) Except for members who represent municipali- governments, the M.P.O. shall establish a process by ties on the basis of alternating with reprosentativss t~ from other municipalities that do not have members on which the collective interests of such authorities or the M.P.O, as provided in paragraph (2)(a), the mom- .~ t2 other agencies are expressed and conveyed, bars of an M,P.O. shall serve 4-year terms. Members (c) Any other provision of this section to the con- who represent municipalities on the basis of altematillg '..:' trary notwithstanding, a chartered county with over 1 with representatives from other municipalities that do million population may elect to reapportion the mere- not have members on the M.P.O. as provided in para; bershipofanM. P,O. whose jurisdiction is wholly within graph (2)(a) may serve terms of up to 4 years as furlher ~ i~,l the county. The charter county may exorcise the provi- provided in the interlocal agreement described in para- ., sions of this paragraph if: graph (1)(b), The membership of a member who is ~ 1. The M.P.O. approves the reapportionment plan public official automatically terminates upon the msia- by a three-fourths vote of its membership; ber's leaving his or her elective or appointive office t~. 2. The M.P.O. and the charter county determine any reason, or may be terminated by a majority vote ~I .. o that the reapportionment plan is needed to fulfill spa- the total membership of a county or city govemltl~ cific goals and policies applicable to that metropolitan entity represented by the member A vacancy shalll~ ':"-~ tran planning area; and filled by the original appointing entity. A member ....... 3, The charter county determinss the be reappointed for one or more additional 4-ye_a_r.~.~ reapportionment plan otherwise complies with all fed- (c) If a governmental entity fails to fill an ~~ eral requirements pertaining to M.P.O, membership, appointment to an M.P.O. within 60 days after nona~._"iiIi., . pm,, under s. ct to have t~_in the ~rcis, the, ~e Gover- i ,n, the . ~ion ac~ditionat. TRANSPORTATION FINANCE AND PLANNING ti~n by the Governor of its duty to appoint, that appoint- ment shall be mede by the Governor from the eligible representatives of that governmental entity. (4) AUTHORITY AND RESPONSIBILITY,--The authority and responsibility of an M. P,O. is to manage s continuing, cooperative, and comprehensive trans- portation planning process that results in the develop- ment of plans and programs which are consistent, to the maximum extent feasible, with the approved local government comprehensive plans of the units cf local government the boundaries of which are within the met- ropolitan area of the M.P.O, An M.P.O. shall be the forum for cooperative decisionmaking by officials of the effected governmental entities in the development of the ptans and programs required by subsections (5), (6), (7), and (8), ' (5) POWERS, DUTIES, AND RESPONSIBILI- Ch. 339 2. The likely effect of transportation policy .deci- sions on land use and development and the consis- tency of transportation plans and programs with all applicable short-term and long-term land use and development plans; 3, The preservation of rights-of-way for construc- tion of future transportation projects, including the iden- tification of unused rights-of-way that may be needed for future transportation corridors and the identification of corridors for which action is most needed to prevent destruction or loss; 4. The overall social, economic, energy, and envi- ronmental effects of transportation decisions; and 5. Available methods to expand o.r enhance transit services and increase the.use of such .services. · 6. The.possible allocation of capital investments to increase security for transit systems. (d) in order to provide recommendations to the the unin- · ' ._'4 TIES.--The powers, privileges, and authority of an ii who~ · .;~, ~'" M.P.O. are those specified in this section or incorpo- department and local governmental entities regarding · - J,~?,-:~,.~ S'!' . rated in an-intedocal agreement authorized under s. transportation plans.and.programs, each M.P.O. shall: fie ".-.'~,, :~.~.:~:, 163,01, EaCh M,P.O. shall pedorrn all acts required by 1, Prepare a congestion management system for ent'of.~' '.:~' federal or state laws or rules, now and subsequently the metropolitan area and cooperate with the depart- rllqent as · ..~ sI~P cable, wh ch are necessary to qualify for federal merit in the development of all other transportation ~tion the .~':~;_:..'~:"-i sicJ. It is the intent of this section that each M.P..O. shall management systems required by state or federal law; ..;Jllqe yeti-"'- '~;1~ be involved in the planning and programs ng of trane- ' 2. Assist the department in:mapping transporta- -shell pre- ' ..~{~.; -portstion facilities, including,'but not limited to, airports,tion planning bOur~darieS.'required by state or federal '~l~rswh0: '.,{;' intercity and high-speed rail lines, seaports, and law; ' ~e men> i~[ Intermodal facilities, to the extent permitted by state or '3. Assist t'he department in performing its duties ~pointed . ",'":~"' 'fedora law ' relating tO access management, functional olassifica- ,a:.i serving . :.~ (a)' Each 'M.P.O. shall in cooperation with the tion.of roads,.and data collection; ' · ii~urposs .' ....i~. department, develop: 4. Execute all agreements or certifications neces- · pert'~f '"i~'I[' 1. A long-range transportation p an pursuant to the sary to comply with applicable state or-federal law; i~]ovall~..'~:~"'~¥~.~ requirements of sUbsection (6); : .5. Represent all the jurisdictional areas. Within the aP~3~-~'j~'"'---'~.;---- ~.zj;~T~ 2. ' An annually updated transportation improve- 'metropolitan area in the formulation of transportation iigil;Jle ~_".;~. sent program pursuant to the requirements of subsec- plans and programs required by this section; and I~e~. tion (7) and 6, Perform all other duties required by state or ted- ;;~~. 3/ An annual unified planning work program Pur- eral law. ' e'O' n~.'; suant to the' requirements of subsection (8). (e) Each M.P.O. shall appoint a .technical advisory tion o.'.r~. ~!~' ~(b) In developing the long-range transportation. Committee that includes planners;.engineers; repre- ~ce~~'.'~" .plan and the .transportation improvement, program sentatives of local aviation authorities, port authorities, ~rtm~;?:~ required under paragraph (a), each M.P.O, shall pro- and public transit authorities or representatives of avia- ~:?;~,~.. vide for consideration of projects and strategies that tion departments seaport departments, and public ';. '~ wilt' ' transt departments of municpal or county govern- ~nioipali- '.~ 1', sUpport the economc vitalty of the metropo - merits as applicable the SchOol superintendent of ~ntative~ '~' tan area, especially by enabling gloPal each county within the jurisdiction of the M,P.O. ortho sRIIbers.on. ' . '.~.. co,.moetitiveness, productivity, and efficiency; · superintendent's designee; and other appropriate rep- the men> .:-:..~.~.~ .-. re=reuse the safety and security of the transpor- rasentatives of affected lOCal governments, in addition ~.aernbe,~z: ration svstem for motorized and nonmotorized users; to any other dut es ass gned to it by the M P.O. or by ~ma~__~,~ ,3. increase the accessibility and mobility options state oHederal law, the technical advisory committee is at'~l~ ~ h ~ th .,.~?~:~" avai:able to people and for freight; responsible for'identifying projects contained in t e =-dinpara~'~i~~' 4. Protect and enhance the environment, promote long-range transportaton plan or transportation ;~s.. further ,.;::.-'__".'.~,~_ energy conservation, and improve quality of life . improvement Program which deserve to be classified ~in pa/~.~.~,~. 5. Enhance the integration and connectivity of the asa school s~fety concern. Upon receipt'of the recom. ~h.o ~~ transoonation system, across and between modes, for mendation from the technical advisory committee that the mem-~'":"~..'-' oeo3 e and freight; a project should be so classified, the M.P.O. must vote e_.offica for . ".';.~-' ' 6 Promote eft cent system management and on whether'to classify vote 6f~,' ' ' ~ i:.'!.~ operation; and , safety concern. If the M.P,O. votes that a project should ~ .vemln~",'~~ 7. EmPhasize the preservation of the existing be classified as a school safety concern, the local gov- ;y shall.'~. ,;!?~ transoonation system, ernmental entity responsible for the projeCt'must con- ~mber.,.m_l_l_l_l_l_l_l_~*~ '[Ci Addtt onal y, each M.P.O. shall consider: sider at least two alternatives before making a decision ,.~r't~. 1.' The consistency of transportation planning with about project location or alignment. -~ss~~ sop!icabie federal, state, and local energy conservation (f)l. Each M.P.O. shall appoint a citizens' advisory · er n~~ programs, goals, and objectives; committee, the members of whichserve at the pleasure '" --'. ::,.,,.~ ..- "' 1645 .,~ Ch. 339 TRANSPORTATION FINANCE AND PLANNING of the M.P.0. The membership on the citizens' advisory committee must reflect a broad cross section of local 'residents with an interest in the development of an cient, safe, and cost-effective transportation system. Minorities, the elderly, and the handicapped must be adequately represented. 2. Notwithstandi .ng the provisions of subparagraph 1., an M.P.O. may, with the approval of .the department and the applicable federal governmen- tal agency, adopt an alternative program or mechanism to ensure citizen involvement in the transportation plan- ning process. (gl The department shall allocate to each M.P.O., for the purpose of accomplishing its transportation planning and programming duties, an appropriate amount of federal transportation planning funds. (h) Each M.P.O. may employ personnel or may enter into contracts with local or state agencies, pdvate planning firms, or pdvate engineering firms to accom- plish its transportation planning and programming duties required by state or federal law. · (6) LONG-RANGE TRANSPORTATION 'pLAN,- Each M.P.O. must develop a long-range transportation plan that addresses at least a 20-year planning hori- zon. The plan must-include both tong-range and short- range strategies .and must comply with all other state and federal requirements. The long-range transporta- tion plan must be consistent, to the maximum extent feasible, with future land use elements and the goals, objectives, and policies o4 the approved local govern- ment comprehensive plans of the units of local govern- merit located within the jurisdiction of the M.P.O. The *approved long-range transportation plan must be con- sidered by local governments in the'~jeveiopment of the transportation elements .in local government compre- .hensive plans and any amendments thereto. The long- range transportation plan must, et a minimum..: · (al identify transportation facilities, including, but not limited to, major roadways, airports, seaports, spaceports, commuter rail systems, transit systems, and interrnodal or multimodal terminals that·will func- tion ~s. an integrated metropolitan transl:;ortation sys- tem. The long-range transportation plan must give emphasis to those transportation facilities that serve national, statewide, or regional functions, and must consider the goals and objectives identified in the Flor- ida Transportation Plan as provided in s. 339.155. If a .project is located within the boundaries-of more than one M.P.O., 'the M.P.O.'$ must coordinate plans regarding the project in the long-range ,transportation plan. (b) include a financial plan that demonstrates how the plan can be implemented, indicating resources from public and private sources Which are reasonably expected to be available to carry out the plan, end rec- ommends any additional financing· strategies for needed projects and programs. The financial plan may include, for illustrative purposes, additional projects that ;would be included in the adopted long-range trane- plan if reasonable .additional resources plan were avail- able. For the purpose of developing the' long-range transportation plan,.the M.P.O..and the department shall cooperatively develop estimates of funds that ~11 be available to support the plan implementation. Inno. vative financing techniques may be used to fund needed projects and programs. Such techniques n~j include the assessment of tolls, the use of value ca~ lure financing, or the use of value pdcing. (c) Assess capital investment and other measures necessary to: 1. Ensure the preservation of the existing met~ politan transportation system including requirements for the operation, resudacing, restoration, and rehabili. teflon of major roadways and requirements for the operation, maintenance, modernization, and rehabiJita. lion of public transportation facilities; and 2. Make the.most efficient uae of existing tranaper; ration facilities to relieve vehicular congestion and max. imize-the mobility of people and goods. (d) Indicate, as appropriate, proposed transports. tion enha. ncement activities, including, but not limited to, pedestrian and bicycle facilities, scenic easements, landscaping, historic preservation, mitigation of water pollution clue to highway runoff, and control of outdoor, advertising. -- (el In addition 'to the requirements of paragrsph~ (a}-(d), in metropolitan areas that are classified as nonattainment areas for ozone or carbon monoxide, the M.P,O, must coordinate the development of the long-range transportation plan with the Stats Imple. · mentation Plan developed pursuant to the require- ments of the federal Clean Air Act, In the. development of its long-range transportation plan, each M.P.O. must provide the public, affected public agencies, representatives of transportation agency employees, freight shippers, providers:.ef freight transportation services, private transportation, representatives of users of public tran. ":" ' sit, and other interested parties with a .reasonable opportunity to comment on the Iong-range.translx~ta. lion plan. The long-range.transportation plan must be approved by the M.P.O. (7) TRANSPORTATION IMPROVEMENT P'RO- GRAM.~Each M.P.O. shall, in cooperation with .the state and ·affected public transportation operators, develop a transportation improvement program for the area within the jurisdiction of the M.P.O. In the develop. ment of the transportation improvement program, eacll M.P.O. must provide the public, affected.public agen; cies, representatives of transportation agency employ- ess, freight shippers, providers of freight transportation services, private providers of transportation, repress~-. atives of users of public transit, and other interested parties with a reasonable opportunity to comment.on the proposed transportation improvement program:~..~' (al Each M.P.O. 'is responsible for developing; annually, a list of project priorities and a transportation improvement program. The transportation improve- .. merit program will be used to initiate federally' sided transportation facilities and improvements as' other transportation facilities and improvements includ, lng transit, rail, aviation, spaceport, and port.facilities to - be funded from the State .Transportation Trust within its metropolitan area in accordance with e,xisti~ 1646 tran The plan 2. of trrr are ri andt mum- merit · tund.~ mere vats, fin~.nt pro~-- purp~ the reesc fled finan. tolls, I valu~ may lng c the p I F.S. lat v~ ion. Inn0. fund may cap- Hrernents : aObhabili' r the ilim. 3t limited f "~'utdOOr .: raph~ xicta, nt of the TRANSPORTATION FINANCE AND PLANNING and subsequent federal arid state laws and rules and regulations related thereto. The transportation improvement program shall be consistent, to the maxi- . mum extent feasible, with the approved local govern- ment comprehensive plans of the units of local govern- ment whose boundaries are within the metropolitan area of the M.P.O. (bi Each M.P,O, annually shall prepare a list of project priorities and shall submit the list to the appro- priate district of the department by October 1 of each year; however, the 'department and a metropolitan planning organ zation may, n writing, agree to vary this submittal date. The list of project priorities must be for- mally reviewed by the technical and citizens' advisory committees, and approved by the M.P.O., before.it is transmitted to' the district. The approved list of project .priorities must be used by the district in developing the district work program and must be used by the M.P.O. In developing Its transportation improvement program. The annual list of project priorities must be based upon project selection criteria that, at a minimum, consider the following: 1. The approved M.P.O. long-range transportation plan.; . The results of the transportation management systems; end 3. The M.P.O.'s public-invctvement procedures[ :~impb- (c) The transportation improvement program must, mquire. , .i at .a minimum:, 1. Include .projects and.project phases to be .. "i"i · funded' with state or federal tun~ within the time period ~i[tatiOi~ ii!~!i : .of the transportation improvement program and which ' lamed . W'-'- .are ,r,e~commended for advancement dudng the next tis. )~tation "!J ,.s: ~ear and 4 subsequent fiscal yearn. Such projects · iciera ef '~, ant! project phases must be .consistent,' to the maxi- /Iclera ~.~ mum extent feasible, with lhe approved local govem- I:~ tra~: ~..s~.! rnsnt comprehensive Plans of the units of local govern- ~mn,,~,, .'.-'~.)~'~-_ of the M,P;O, .For · '~..-..~.,~,.~'~ ,;. [n~ll~°rta', ~i' merit located within the ju,ediction intormational purposes, the transportation improve- of projects to must ~ ';'J}.~? merit program shall also include a list be mp fudd. ed from local .or.private revenues. I RO. . include projects within the metropolitan area ~lth the which are proposed for funding under 23 U.S.C.s. 134 'of the Federal TransIt Act and which are consistent with the long-range transportation plan developed under .subsection (6). . 3. -Provide a financial plan that demonstrates how the'transportation improvement program can be imple- merited; indicates the resources, both public and pri- vate, that are reasonably expected to be available to accomplish the program; identifies any innovative financing techniques that may be .used to fund needed projects and programs; and may include, for illustrative' purposes, additional projects that would be included in 'the approved transportation improvement program if reasonable additional resources beyond those identi- fied in the financial plan were available., innovative financing techniques may include the assessment of tolls, the use of value capture financing, or the uae of raters, ,er the lop- . -ead~, .,,.... ifc agen; :., tterested · ~)ping, '; 3ortation .- Ch. 339 cilities~ templatad for completion of the project or project phase. ' 4. Group proiects and project phases of similar urgency and anticipated staging into appropriate stag- ing periods.' 5. Indicate how the transportation improvement program relates to the long-range transportation plan developed under subsection (6), including providing examples of specific projects or project phases that fur- ther the goals and policies of the long-range transporta- tion plan. 6. Indicate whether any project or project phase is inconsistent with an approved comprehensive plan of a unit of local government located within the jurisdiction of the M.P.O. If a project is inconsistent with an affected comprehensive plan, the M.P.O. must provide justifica- tion for including the project in the transportation improvement program. 7, Indicate how the improvements are consistent, to the maximum extent feasible, with affected seaport, airport, and spaceport master plans and with public transit development plans of the units of local govern- ment located within the jurisdiction of the M,P.O. If a project is'located within the boundaries of more than one M.P.O., the M.P.O.'s must .coordinate plans regarding the project in the transportation improvement program ..... . (d) Projects included in the'tranSportation improve- ment program and that have advanced to the design stage of preliminary engineering may be removed from or rescheduled in s subsequent transportation improvement, program only.by the .joint action of the M.P.O. and the department. Except when recom- mended in writing by the district secretary for good cause, any project removed from or rescheduled in'a subsequent transportation improvement program shall not be. reechedu ed by the M;P.O. in that subsequent program earlier than the 5th year of such program. (el During. the development of the transportation improvement program, the M.P.O. shall, in cooperation with the department and any affected public transit operation, .provide citizens, affected, public agencies, representatives of transportation agency employees, freight shippers, providers of freight transportation sar, vices, pdvate providem of transportation, representa- tives of users of public transit, and other interested par- ties with reasonable notice of and an opportunity to comment on the proposed program. (fl The adopted annual transportation improve- ment program for M.P.O.'s in nonattainment or mainte- nance areas must be submitted to the district secretary and the Department of Community Affairs at least 90 days before the submission of the state transportation improvement program by the department to the appro- priate federal agencies. The annual transportation improvement program for M,P.O.'s in attainment areas must be submitted to the district secretary and the Department of Community Affairs at least 45 days before the department submits the state transportation value pricing. The transportation improvement program improvement program to the appropriate federal agen- may inolude, a project or project phase only it full fund- ties; however, the department, the Department of lng can reasonably be anticipated to be avaitaple for Community Affairs, and a metropolitan planning organi- the project or project phase within the time period con- zation may, in writing, agree to vary this submittal date. 1647 Ch, 339 TRANSPORTATION FINANCE AND PLANNING The Governor or the Governor's designee shall review and approve each transportation improvement pro- gram and any amendments thereto. (g) The Department of Community Affairs shall review the annual transportation improvement program of each M.P.O. for consistency with the approved local government comprehensive plans of the units of local government whose boundaries are within the metropol- itan area of each k4.P.O, and shell identify those proj- ects that are inconsistent with such comprehensive pla. ns. The Department of Community Affairs shall nctih/ an M.P.O. of any transportation projects con- tained in its transportation improvement program which are inconsistent with the approved local government comprehensive plans of the units of local government whose boundaries are within the metropolitan area of the M.P.O. (ti) The M.P.O. shall annually publish or othe~ise make available for public review the annual listing of pro}acts for which federal funds have been obligated in the preceding year. Project monitoring systems must be maintained by those agencies responsible for obli- gating federal funds and made accessible to the M.P.O.'s. (8) UNIFIED PLANNING WORK PROGRAM.-- Each M.P.O. shall develop, in cooperation with the department and public transportalion providers, a uni- fied planning work program that lists all planning tasks to be undertaken during the program year. The unified planning work program must provide a complete description of. each planning task and an .e~mated budget therefor and must comply with applicable state and federal law. (9) AGREEMENTS.-- (a) Each M.P.O. shall exect~e the following written agreements, which shall be reviewed, and upclated as necessary, every 5 years: 1. An agreement with the department clearly establishing the cooperative relationship essential to accomplish the transportation planning requirements of state and federal law. 2. An agreement with the metropolitan and regional intergovernmental coordination and review agencies serving the metropolitan areas, specifying the means by which activities will be coordinated and how transportation planning and programming will be part of the comprehensive planned development of the area. 3. An agreement with operators of public transpor- tation systems, including transit systems, commuter rail systems, aitpot~,, seaports, and spaceporLs, describ- ing the n'teans by which activities ,,viii be coordinated and specifying how public transit, commuter rail avia- tion, seapo~, and aerospace planning and program- ming will be part of the comprehensive planned c~evel- opment of the metropolitan area. (b) An M.P,O. may execute other agreements required by state or federal law or as necessary to properly accomplish its functions. (10) METROPOLITAN PLANNING ORGANIZA- TION ADVISORY COUNCIL.-- (a) A Metropolitan Planning Organization Acivisory Council is created to augment, and not supplant, the role of the individual M.P.O,'s in the cooperative trans- portation planning process described in this section. {b) The council shall consist of one representative from each M.P.O. and shall elect a chairperson annu. ally from its number. Each M.P.O. shall also ele~ an alternate representative from each M.P,O. to vote in the absence of the representative. Members of the council do not receive any compensation for their sar. vices, but may be reimbursed from funds made avail. able to council members for travel and per diem expenses incurred in the pedormence of their council duties as provided in s. 112.061. (c) . The powers and duties of the Metropolitan Plan. ning Organization Advisory Council are to: 1. Enter into contracts with individuals, private ~r. porations, and public agencies, 2. Acquire, own, operate, maintain, sell, or lease personal property essential for the conduct of business. 3. Accept funds, grants, assistance, gifts, or bequests from private, local, state, or federal sources, 4, Establish bylaws and adopt rules pursuant to ss. 120..536(1) and 120.54 to implement provisionsOf law conferring powers or duties upon it. 5. Assist M.P.O.'s in carrying out the urbanized area transportation planning process by serving as the principal forum for collective policy discussion pursuant to law. 6. Serve as a. clearinghouse for review and com. ment by M.P.O.'s on the Florida Transportation Plan and on other issues required to comply with federal or state taw in carrying out the u~anized area transports. tion and systematic planning processes instituted put. suant to s. 339.155. 7. Employ an executive director and such other staff as necessary to perform adequately the functions of the council, within budgetary limitations. The execu. tive director and staff are exempt from part II of chapte~ 110 and serve at the direction and control of the oil. The council is assigned to the Office of the Secre~ ta~/of the Department of Transportation for fiscal and accountability purposes, but it shall otherwise function independently of the control end direction of the depart- ment. 8. Adopt an agency strategic plan that provides the priority directions the agency will take to carry out its mission within the context of the state comprehen- sive plan and any other statutory mandates and direc- tions given to the agency. (11) APPLICATION OF FEDERAL LAW.--Upon notification by an agency of the Federal Government that any provision of-this section conflicts with federal laws or regulations, such federal laws or regulations will take precedence to the extent of the conflict until such conflict is resolved. The department or an M.P.O. may take any necessary action to comply with such federal laws and regulations or to continue to remain eligible to receive federal funds. Hi~tory.,--~, 1, Eh, 7~-219: s, 1, r~. 82-9; s. 219, eh. 8X-309; ~. 3, ~. I~ s, a0, ~. 85-55: Is. 1, 2. ch. B7.61; ~, 1.2, ch. 88.88; i. 1, ;h. ~,1~; & Bg-a01; s. 79, ~fl. 90-186; ~. 4. eft. 92.152; =. 60. ~ 9~.164; s. ~ eh.l~14~; s. a4. ~=h. 9~.257: s. 53, eh. 96-~; s. 25. eh. 97.280; s, 70, eh. I~, r~ 9, eh. 9~,256; ss. 3~, 103. eh. 99-385, 1648 ! ¢ · ~, bou 50,C cool: to su pian~ :! 199~ it an sir set. e avail. ~iertr ~ncil tn Plan. lease on Plan ,c~al or ~orta. :h other J~tiorts ..- I~ecu. ,'"':'Y;4., cnapt.e_.r .:... ~e cop!~.~.~ ..... ?~;[.~, .~des ', out...:.':.;~ ~prehen; ,-~Jpon · eminent '~ :.'~ -./eder~ ,..g~;.,: '.O. may ....... '~ Teoera; . "l · ~: = 6.~_ ..- ~'. 2~ i. ~.'~ "~= .~: ......,~ a~,:: :..~.'~L ~ >2?{ F,S. 1999 TRANSPORTA~ON FINANCE AND PLANNING Ch.. 339 ~, Tl~e ~r~istanW of trensl~o~letton planning with applique fe~m~ state, a~ I~l e~r~ conse~t~ p~mms. ~, and o~ect~s; 8. The n~d to relieve ~n~i~ a~ ~evunt ~st~n from ~m ~ e~s not ~t 4. The likely effect of trl~atlon ~li~ decisio~ on land use and ~ent a~ the mn~istan¢y of ~anspoEatJon ~lans and p~mms w~h afl a~lio~le a~.lg~ a~ ~n~te~ ~n~ ~ end ~ment ~ans; 5. The p~remming of tmns~stlon enhancem~t a~iv~ies as r~uimd 6. The effect of all f~s~nation ~rojects to ~ unae~eken in the metro~litan ama ~thout ~a~ to ~e~er such ~ro~s are ~ubiloiy t~ded; 7, The ~r~i~ of a~ to sea~, aliens, s~ee~ons, ~te~al trans- ~a~n ~ ~, major freight di~uti~ routes, ~tio~{ and state ~s, r~r~ ,etlon ameS. monume~s an~ histo~c s~eS, and mll~a~ ~staliat one; 8. The nee~ for r~s ~h~ the metr~olita~ ama to efficiently c~nect with ~ds outslae ~e m~ro~oiltan area; g. The tra~o~ption n~Gs ~entff~ Ihmugh ~ use of ttansDonatt~ agement syst~s required ~ fe~ral et stats taw; 10, The ~rese~tion ~ rights-et-way ~r ~onstruaion o1 future trens~ati~ ~je~s, mc ua nO the iaent~tion et unuae~ rights-of-way that may ~ needed tot t~um tra~Eation ¢o~s and the i~ntEi~ti~ el oo~iaom tot ~i~ a~ion .~ ~o~ ne~ to ~re~nt desl~ction Or lOSS; 11, ~y a~il~le me~s to enhance ~ ~lo~nt me.merit ~ freight; 12, T~ uae of IH~c~ ~sts in ~e ~sign an~ g~b~dng ~ b~s, tu~ hals, or 13. T~ ~11 a~l, e~nomtc, ~e~. end envimnm~al efl~s of ~ation ~c~i~s; ,14. ~y a~ilab~ m~ to ~nd or enh~ ~sE se~es end b~ ~e use of su:h ~s; a~ . ' s~ s~mms, ~Note,~action ~3, ch. ~9-385, amended this section ~thout publishing ~O~mgr~ (5)(b)15. ~.1 ~aiN~ evt~n~ of Iogisl~t tt, It ~ m~bl~ed here a~ te~ignateo as sua~ragrach (a}{c)~. m ~to~ · e c~enges ma~ ~ & ~, c~ g9-385, ~nding ca~fication by the Legi~ura. 339.~76 Voting membership for M.P.O. with boundaries including ce~ain counties,~ln addition to the voting membemhip e~sblished by s. 339.175(2) and no~ithstanding any other provision of law to the contra~, the voting mem~mhip of any Metmpol~an Planning O~anization whose geographical boundaries 'inside .any coun~ ~ defined in s. 125.0:11.(1) must include an additional voting member appointed by that ci~'s governing body for cash ci~ web a population of 50,O00 or more resident. , H~.~. ~, ~- ~* S39.1~ Tmnspo~ation management progmms,~ (1) The Depa~ment of Transpo~ation shaH, in cooperation with metropolitan planning organizations .and other affected governmental entities, develop and implement a separate and distinct system for managing each of the following program areas: (a) Highway pavement; Bridges; Highway safety; (dj Traffic congestion; (e) Public transpo~afion .facilities and equipment; (f) Inteaodal tmnspo~ation facilities and equip- ,merit (2) Each metropolitan planning organization within the state must develop and implement a traffic conges- tion management system. The development of the state traffic congestion management system pursuani to subseaion (1) shall be coordinated with metropolitan planning organizations so that the state system reflective of the individual systems developed by the metropolitan planning organizations. sions regarding the proper allocation of transportation resources. Each system must. use appropriate data gathered at the state or local level to define problems, identify needs, analyze alternatives, and measure effectiveness. (4) Any transportation management system that is in existence on July 1, 1993, and that complies with this section and applicable federal law may continue to be used by the department in lieu of the development of a system under this section. HistoP/.~s. 6% oh. ~3.164. 339.24 Beautification of state transportation facili- ties.--The department shall plan a statewide beautifi- cation pro.gram for state transportation facilities and shall only expend funds for such .program as speCifi- cally appropriated by the Legislature. A state beautifi- cation project grant .requested uno,er this section may not be initiated .or funded until a maintenance agree- ment has been executed between the department and the appropriate .local governmental'entity. Beautifica- tion activities undertaken under this section are recog- nized by the Legislature as contributing to the.preven- tion of litter. Hl~lo~,.-,-~. 155, eh. 29965, 1955; a, 2, eh. 61.119: ~s. 23, ~..~, ch, 69-106; s. 1, oh. 73.189; s. 101 ch. ?'7.104; a. 56, eh, 76-g5; s, 43, eh. 63-3; s. 320, ch. 84-,309; a, 2, eh. 87.131; s, 37, I~, 93-207, 339.2405 Florida Highway Beautification Council. (1) There is created within the Depa~ment of Transportation the Florida High.way Beautification. Council. It shall consist of seven members appointed by the Governor. All appointed members must be resi- dents, of this state. One .member must. be a licensed landscape architect, one member must be a represent- stave of the Florida Federation of Garden Clubs, inc., one member 'must be a representative of the Florida Nurserymen and .Growers Association, one member must be a representative of the department as desig- nated by the head of the department, one member must be a representative of the Department of Agricul- ture and Consumer Services, and two members must be private citizens. The members of the council shall serve at the pleasure of the Governor. (2) The first chair of the .council shall be designated by the Governor and Shall serve"as chair' for 2.years. Each subsequent chair shall be selected by the council members and shall serve a 2-year term. (3) The council shall meet no less than semiannu- ally at the call of the chair or, in the chair's absence or incapacity, at 'the call of the head of the department. Four members shall constitute a quorum for the pur- .pose of exercising all of the powers of the council. A vote of the majodty of the members present shall be sufficient for all actions of the counoil. (4) The coundil members shall serve without pay but shall be entitled to per diem and travel expenses pursuant to s. 112.061. (5) A member of the council may not participate in any discussion or decision to recommend grants to any qualified local' government with which the member is (3) The management systems required by this sec- associated as a member of the governing body or as an ,~ tion should be developed and implemented so as to employee or with which'the member has entered in. to a //(.-~./ I provide the inforrqation needed to make informed deci- contractual arrangement. ' 1649 "' I 1999 MPO Apportionment Plan Chronolog3z I Late 1998 Inclian Pdver County School District (~CSD) requests voting membership onMPO i Early 1999 MPO staff drafts revised apportionment plan and drafts lviP0 staffreport February 10, 1999 MPO approves 1999 Apportioament Plan . I March 18, 1999 1VIPO Staff letter to/vl~O n~nb~r gov~mts requesting AdelY~ioa cd Resolution accepting the MPO s 1999 Apportionmeat Plaa , ' I March 25, 1999 Town af ]nrlian 1Liver Shares adopts resoluticm accepting MPOs 199,9 Appartiomnaut Plan April 3, 1999 Indian Kivar Coum'y School District adopts resolufioa accepting MPO s 1999 Apportionm~ Plan I May 5, 1999 ' Town of. Orchid adopts' resolution accepting MPO's 1999 Appc~d°ararat Plau : I June 3, 1999 City of Fellmn=e adOPts resolutioa accepting MPO's 1999 Apporfionmea~ Plan June 9, 1999 "City of Seba.sttan adopts resolution accepting MPO's 1999 Apportioning. Plan . ' I. Sept~abar 21, 1999 .City ofxf~.ro Beach deaies request to approve resolutiea accePtiag MPO's 1999Apportionm~lt Flail ' · · 1 O~cobar 18, 1999 MPO CEairman s~nds lett~ to City cd V~ro Beaah requestiag reconsidaration of Septembar 21 vote ' ' ' "' ..... ' .... ' '' I O~cob~r 19, 1999 Indiau Kiv~ Cotm~ Board af County Comrninsioners adopts resolution accepliug MPO's '1999 Appcrtio~ma~t Plan . . . . . ' Decamher 16, 1999 City cd V~ro .Beach responds to MPO Chairman Tippin's October .18a-letter axtd states City will i not reconsider September 21'~ vote .. ..... lammry 5, 2000 lv~O staff trammtts adopted 1999 Apportiomn~ Plan ~ copies of acceptan~ resolution~ to I Govaraor's Office a~l FDOT ,' '· February 15, 2000 L~'tter frcrra FDOT to Governor $ Office recoromenrling that Indian River Coui~ MPO's 1999 I Apportioma~ Flan be approved · · · ' Febnutry 28, 2000 L~a~r lrom Gov~uor's office approxdng 1999 Apportioament P!.a.n · I March 28, 2000 .Fax/rom MPO .staffto FDOT District 4, transmitting draft Interloeal AgreamenI lune 28, 2000 Letter to lVlPO s-taft frc~ FDOT District 4, trammitting re'vised Intarloeal Agreem~ with some i bla.u~ wh~re infarmatian is needed fromFDOT Cenlral Olfice to camplc'te .. Aagust 3, 2000 Fax to MPO staff Rom FDOT District 4 indicating tl~t FDOT Cautral Office has ~ not pro~ided information to complete Im~rlocal Agreemmt Septanb~r 5, 2000 MPO St~ff phone conv~-rsation with FDOT District 4, confirming information needed to ~m~ize Interlocal Agreement , I erS, 2000 Letter to all MPO member local govammmts requesting that local governments approve I. uterloca~ Agreean~ and authorize chief elect~ official to execute agreeamui i I i I RESOLUTION NO. R-00-$3 I A RESOLUTiON OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING RESOLUTION NO. R-92-30, AUTHORIZING THE MAYOR TO EXECUTE A REVISED INTERLOCAL AGREEMENT FOR CREATION OF THE INDIAN RIVER I METROPOLITAN PLANNING ORGANIZATION BETWEEN THE FLORIDA DEPARTMENT OF TRANSPORTATiON AND INDIAN RIVER METROPOLITAN PLANNING ORGANIZATION MEMBERS; PROVIDING FOR CONFUCTS; AND PROVIDING FOR AN EFFECTIVE DATE. I WHEREAS, City Council adopted Resolution No. R-92-30 approving an interlocal agreement creating the Indian River County Metropolitan Planning Organization (MPC); and I WHEREAS, City Council adopted Resolution No. R-99-38 approving the 1999 Apportionment Plan for the MPC which added the Indian River County School District as a voting member; and i WHEREAS, Indian River County MPC has presented a revised interlocal agreement to finalize the process of adding Indian River County School' District as a voting member. NOW, THEREFORE, BE .IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, I INDIAN RIVER COUNTY, FLORIDA, that: ~_ection 1. The Mayor is hereby authorized to execute the revised 'STATE OF FLORIDA I DEPARTMENT OF TRANSPORTATION INTERLOCAL AGREEMENT FOR CREATION OF THE INDIAN RIVER .COUNTY METROPOLITAN PLANNING ORGANIZATION" as attached hereto as Exhibit i Section 2. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed. Sectiol~ 3. This Resolution shall become effective immediately upon adoption. The foregoing Resolution was moved for adoption by Councilmember . The I motion was seconded .by Councilmember and, upon being put into a vote, the vote was as follows: · · i Mayor Walter Barnes Councilmember Ben Bishop ' Councilmember Joe Barczyk ' i Councilmember James Hill' . Councilmember Edward Majcher The Mayor thereupon declared the Resolution duly passed and adopted this day of I ,2000. . CITY OF SEBASTIAN, FLORIDA I By: ' Walter Barnes, Mayor ATTEST: I Kathryn M. O'Halloran, MMc City Clerk i(SEAL) Approved as to form and legality for reliance by the City of Sebastian only: I Rich Stringer, City AttorneY i INI)~ KrVF.,R. COUNTY ME~ROPOI~TA.N PLUG ORGANIZATION · TI]IS ~OCAL. AOREEIvgENT i~ mad~ and mXm~zl~ this day of ' · , 2000, by amd b~mth~ FLOR~A DEPAP. TivIENT OF TRANSPORTATION; tl~ COUNTY OF INDIAN 1AWHP~; tb~CITIES OF VSRO BEAC~ SEBASTDEN, ar~ ~; ~t~ TOWNS OF ]2qDL4M RIVER SHORES md ORCHID; ~w~ ~2~ SCHOOL DISTPJCT OF RNI)IAN RIVER CODNTY. I C1TALS: on = corrti~mng bard~, of a mxmlmat~ compr~ U'am~m-~ process to .~ssmre ~ highway rel~cm to th~ ~]lpl~ of ~ .~m~ty d~wel~ · 'WttERF. a~, 23 USC Section 134, as mnmx~_d by ~h~ ~ S~m2e 7Ym2s~c~c~.~ion ~~ ~ ~ WtiEREAS, th~ inr4xlocal agr~ tm re. quir~ to cream tl~ m~ropolttan delin~/h~ proviskms fo~ o~r~on of tt~ lvIPO; WHEREAS, th~ unrkax~gr~t parties haw d~temimd that this A~eemmt satisfies ~e. requirmmm ot ~ is consi~tmt with Sec'tim 339.175(I)Co), Florida Stattttes; S¢~m 339.175(1)('b), 1:1ori~ Sumps, t~ imt~rto~al agre~:t :m~ be con~istmt Section 163.01, Flarid~ Sratutm, r~ to int~rlooal ~r~mm~; a~ ~, of Se~c:m 163,01, l:loridx par~'es de~iring to be l~gally bom~ ~ ~r~ ~ R.EC'7~AT_~: D~ON~ Sectkm 1.01. ]~.~A]L ]~ach and all of th~ fcr~gGiag ~ b~ and th~ ~aE~ IEXe~y iaccrp(ra~ and acknowl~d/~ed ~o be ~m~ am/correct m th~ best of~ parties' k~owlcdg~. Fm~ ~ any of ~ f~regoh~ re~jtals to b~ m~e md corn:a sha~ not op=at~ ,o imvali~t~ ~ AgreamsW~ ' S~ion 1.02. Da~. Th~ f~m~t.ng wc~ whiz a?~l in this ~ ('m~s ~ ~ ~h,~ clmmly _~nr~ ca~ th~ oon~'ary) ~ hav~ th~ followin~ m~auir~: .. "~ree~' m~ans and ref=s to this i~.raume~ az ~:l~:t.f:v-,m ~ to tix~. m~lzd pmrmm~ to S~ticm 20.23, l=lcrida , '~ FSWA" mm~ms amd ,re~ to th~ Fed=al:Hi~away Amr~tmflox "FrA" ~ reel re,mrs m th~ Fed=al Traam~ A_dm~'atimm · '"Lomg l~ng~ Tnmspcctalicm Phn" is the 20-year ~ wN~ i~ m~~ f~; ~ a c~ ~ ~ ~ p~a~ of 50,0~ ~ ~ m 23 ~C S~ 134~)(~), 49 USC S~ 5303(c)(~), ARTICL~ 2' PUI~OSB ~) To d~wel~ Wam-pm~Iim plains aad programs, in coc~p=alirm with tl~ D~partm~ which plms S~cCiou 134 a~ S~iozs 4(a), $(g)(1), ami 8 of~P~sl Tmu~ ~.M~ USC ~b~ ~303, ~3~, ~30~ ~ ~by,23' USC S~ I~ ~ S~ 4(a), 5~(1), ~ 8 ~ F~ ~A ~ [49 USC 5303, f3~, ~305 ~,53~]; ~ ~ P~ 4~ ~ 450 ~ 49,~ P~ 613, Subp~ ~ ~ ~~ C~p~ 339, ~ ~, ~ ~ a~blu ~m ~ l~a Assisting the Depamn~ im pc~ iU duties relating to access mgm (g) Perfm:m~ maeh Oth~ tasks presmatly'cr hereaf~ reqtfir~ by state or federal law. Seettom 2.03, MPiP d~'isio~ ex)ordinated with FDOT ~ ~i~ ~ c~~ive ~p~, ~ 3~, E~ ~."~, ~ ~~ ~ f~ ~ ~~'s ~ m m~~ S~ 3~.~, ff a s~e, ~le ~ b~ m~ ~~ ~ s~ ~ re~ ~ ~ Sm~ S~m 33~. 155, 339.175, Florida StamP, specifies the authority mxl r~pnn~'hility of the. MPO anti the D~pmmmt h ~ ma~ag~ of a czmimm~, cooperative, ard con~ehea~e a'ampcrmtion planning process for the metropolim ARTICLE 3 MPo oao~,lT, A~oN AND e~_&TIoN mm~b~aip apporticnammt plan approval by the'~ is l~r0oy created mad ~mtblia~ ~to can-y oat tt~purpo~ ~ tmmiom s~t fcrthm Arflcl~ 2 a~dS. Tl~'log~ phnui~ org~'~cm ~ b~ ~ ~v~ C~ M~~~ ~g~~. S~3.02. '~Ot°~a~~mhw. h ~'~ ~ ~ ~ r~ ~,,or r~om~ ~~, g ~ obs~, ~ g ~ ~ ~y ~ ~ ~~ of mab~ pm~ to .Sm 4.01 of ~ ~ ~ be'~ po~-~ ?~le f~.~a~ve ~m-~ Of ~om ~ by ~ ~0, ~ ~v~ing Bo~d g ~ p~. ~0. .'. "' ""' ' ' cojv~PosrrJON; M~~I~R; ~ o~ om~c~ $~ion 4,01. Cq~llposiflcm and meanbe~$1$ of ,g~ board. (a) The.mmtbetmbip of theMPO t2nll ctm~ ofTen (10) voting r~pr~mtiv~ aid two (2) nm. voting r~resenta~a The names of the memb~ 1°°M g~al er~tim and the voting apportionm~ of t.~ governing board ~s approv~ by tl~ Oovernm' shall be ~ folIows: Indim ~ Commf Board of Coumy Cnmt. i~ioners (4) City of %zero B each (2) C~t7 cf Sebmim (1) Ci~ of Femm~ (I) Town or,haan Kiver Shares (1) (.,"") 'I~..MPO sl:alll:~w..~c~pow~,'s a~l ~ as sPe~fi¢flly tmyvidrdia Sectimm 163;01 (n) A~ provJ, d~l t~ S~"tim339.175(5)(~j, Nkfl~ St. mtt~, tl~ MPO ~ m~at~ ~ Arsist ~1~ Dep~ in ~i.~ im datim ralating to 'access nz~ma~.~t, fumctional r..lass~eation c~ road~, .~l dam collemiam. (ma) P~-farm such ~ ~ ~e~crfly ct here, after r~xircd by sta~ or fe. zl=all~w; (n) Exe~t~ certifizatic~ and agr~ necesa~ to c,O~ly with ~ ct federal law; and (o) ,MOlt openttng rul~ andpromdurea. ~6ef Il [ PTDU~ING: INWENTORYREPORT: KECORD-KEEPING CE P~ 4-20, Subp~ ~ 49 C~ P~ 1 g& Subpm C, 49 ~ S~oa Ig,4Z ~ ~pm 119, R~ ~m. ARTICLE 7 S~--tim 7.0S. - ;::~r~fian: wtll~awal (a) purafio~ This .A~'mmm:m ~/r~ ~ ~ nm~ ~n~ by ~ p~ m ~ ~~ .~~' h~, ~t by no iat~ man D~ 31, 2002 ~ m 1~ ~ fiw (~) ~s ~~, 339.175, ~ ~n~, ~ a~r~. ~g ~fi~ ~ ~0 a~~ ~,five (5) y~ (I) Th~ WiiMrawing mmab:r and t~ MPO shall eza~-nm withdrawal af ~a~ memb~r.a~ alteratian c~ the li~ of mea:~b~ gov~nm~:s that are signato~ to ,hiu Agr~a~m~. Tim memKm~ ~ be ened in th~ Offic~ of th~ .Cl~k of th~ CLtmaft Court of each ~oun~f i~ whi~ a party h~r~to ~s lo~at~', aud ad~i.E ~ct~bip ~o ti~ 1~O do~ not automatic~y req~re re~g~a~z of ti~ MPO, Im th~ ~t tl~ a party 1053 20~ Fiaee Veto Beach, FI 32960 1225 .l~i~ Str~ Ci~ af Fe3smere 21 South CYlm-ess Street F~emere, Fi 32948 Town of ~m River St~s 6001 North SR Indianl~i.'v~r Shc~e~, ~ 32963 1990 ~m ~ V~o B~ ~ 32960 Town of.Orr.~C~ Orc. hk% 1~ 32963 l~cx'ida Depattme~ of Tra~'pormtitm 3400 W. Ccmamexc:~ Bmfl.~vard Pt. I.~.,. ufl~flale.. 1=/33309-3421 A pray may -,~nat~rally chan~e its addt~s ar ackir~sm: by giving nott~ in ~ to th~ otla~ parti~s as provi~ Jm'tt~ s~'tiom Thar. a2~, notice, a, Oera~net~ ~ other p~mt omm~prmaauc~ almall be adar~sed ami matmmil~ (a) Draftm of A~recam~ Th~ Depa~t,-~ ~n~ ~h~ nmmba-s of rte. IMPO were each representedt, by ar af2o~cl~cl tl~ oppcmmmity fcc repre~marxt/on by l~gal conmal ami particip~ in th~ dralting c~ tl~ Agr~ ami ia c. hai~ of wattling.' Cons~y, no provision ~reaf shotacl be more strongly cansmmcl against I I I I I I I I I I i I I I I I I I i Cb) 5ewrabilttv. Invalidation cf any care of the provl~iom of this .Agre~rnr~n'~ or any clam~e cr wcrcI hereof, or the application thcrecf in sp_~:~fic cir--, by judgma~ court order, er which ahal rmmdn~nlgllcrce and e~ct; provided, that ~uch re~m~inrl~r would thma ~to carffcrm to the mrna amd r .ec/atr~ of applictble law. · ~ apply unless th~ c~tt~ iadic~e~ (I) Th~ ~a~,ular o~- a~y wcrd cr tm-m incl~ ~ plutO; (2) The nmsculiae gmxd~r includes th~ f_~.~.~n~, gemd~r; and (3) TI~ ward "~d/" ~ manctatory, and "may" ~ perm~.~ve, 'S~--aon7.06. ~[uream~bvpartie~!aa'eto. .lmthe~vmat ofanyjmicial~r admim~ativeactim to ~ cz imcrpret*hi~ AgremmmX by any party hereto, each party ahall bear lm om ~mmeT'.~ f~-s ia cn~ctian Secfl~m 7.08. (a) ~ffeqljx~,~lE~. TI~ Agreemeat ahall bccom~ effective upoa Pm .mi~£ [u tlm Offic~ al' the Clark of the C. lrctdt Court of each coumy in which a party h~eto is loca.l~i .Any arnmOr~.nt hm'~to. Sh~ bacon' affec~ive only upon ~ ~ng iu tl~ Office of ~ Clark of the Circt~t Co-art ~ mmh cmnxy in which a party lmr~ Co) ~,ecardadon. The Depa.mma~ tmreby agr~ to pay fer any corm cfi reccr~arm or ~tug ¢ th~ AgreememZ in the Office ~ t. be Clrcait Conrt far mw. la cxxmty in which a parcy is h~rmo, locate& The rec~cl~l or l~led m'igiml t~ccf, or any ara~0me~,, shalI be remmedto the lv~O tor ~ing in ~ retards. beha~ cf the referenced l~al' ~m~ties and txmreby eaxablL~ the above designa~ MPO. BOARD O~ ~OUN'I~ C01VIRV~$IONERS By: At, est: Cler~ CITY OF VERO ]BEACH By: Attest: C~ OF $3g!3~ Attest:' M[ayor Clerk cn~ OF ~L~SSflZ~. By:' Att~t: Ma~or TOVFN OF INDIAN RIVER SHOP~ 'By: Attest: Mnyor Tow'~ Clerk P~10ef 11 TOWN OF ORC]:l~n Atte. st: Mayor Town,Clerk SCHOOL DISTRICT OF INDIAN RIVER COUNTY Clerk FLORIDA DEPAR~ OF TRANSPORTATION By: A. ttest: District Secretary Clerk I Regular City Council Meeting January 12, 2000 Page Eleven 00,015 0o.o~ 6 I, DRAFT Request ]l~dian River County to Add One Additional .~ebasta. n Voting Mer0ber to MetmDolitan planning OrganizlafjQrj_t~PO~ (City Manager Tral3sFl~a112/'Z8/99) Request to add one additional member to the Technical Advisory Committee and one additional member to the Citizen Advisory Committee was added to this item. MOTION by Majcher/Bames '1 move to request Indian River Countyto add one additional voting member to the Indian RiVer County Metropolitan Planning Organization (MPC) for the City of Sebastian's representalion and amended (f add'rOonal each for Technical Actvisory Commiffee and. Citizens Advisory): ROLL CALL: Mr. Majcher - aye Mayor Neubergar - aye Mr. Barczyk - aye Mr. Barnes - aye Mr. Bishop - aye MOTION CARRIED ~-0 J~esiolu~ion.LNo. R-Q0-0?~ - p..ivewiew Park Expansion Commltte~ (City Manager Tr~p~rp[ttal, A RESOLU'rION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, CREATING A RIVERVIEW PARK EXPANSION COMMI'[TEE; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. I I I I The CityAttomey read Resolu~on No. R-D0-02 bytitle. :..Discussion took place on whether this was an appropriate task.for the Recreation Adviso~j Board ar whether a separate committee should oversee It, what progress is being made on Filbert Street, requesting the Treasure Coast Regional Planning Council to assist in reviewing plans, the possibility, of Recreation establishing an ad-hoc committee, and the possibility of a contest for local children. The City Manager said, staffwill be bringing back recommendations on seeking grants. MOTION by Bames/Majcher 'I'd be more than willing to, I dent know if we need a resolution, what we need to have staff continue utilizing the Planning organizalion, and I wouldn't see any real great problem in at least having someone from staff approach the Recreation Commission and ask them if they are interested and feel they can add to it ." 00.0~7/ J. i99.23~ VOICE VOTE on the motion carried 5-0. Resolution Nc. R-00-04 - One Way Designations (Engineering Transmittal. R-00-04, Drawings, petition) A RESOLUTION OF THE Crl'Y OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING A ONE-WAY DESIGNATION OF A PORTION OF SHAKESPEARE STREET, LIGHTHOUSE AVENUE AND A PORTION OF OCEAN BREEZE STREET; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. I I ]! Incllon River County INDIAN ]LW'~R COUNTY ~ETROPOL1TA~ ORG~ON 18~0 25~ S~com: 224-1237 F~: (561) 770-~0~S. ir~po~}~,w~o~ March 2, 2000 Mr. Terrence Moore City Manager City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: .Indian Pd'ver County MPO Board Representation Voting Members City of Fellsmete Indian River County Town of Indian River Shor~ City of Sebastian City of V~ro Beach Non-Voting Member~ Town of Orchid Indian River School District FDOT District 4 Secretary Stmt~ Transportation Planner Dear Mr, Moore: Thank you for your recent letter notifying me of the City of Sebastian's request to acid a voting member to the MPO Board, This request would require consideration and approval by the MPO Board to initiate the process. I would suggest that, since meeting packets for the March 8, 2000 MPO meeting have already been distributed, this issue be placed on the April .I2, 2000 MPO meeting agenda. At that time, MPO staff and. FDOT representatives can. provide more detailed information about MPO Board appo~onment requirements and procedures. Changing the MPO Boa-td's composition is a lengthy process that requires close coordination with and endorsement by each MPO member local government, FDOT' C~ntral and District Four offices, and ultimately, approval by the Governor' s Office. Without objection, I will schedule this item for discussion during the April 12, 2000 MPO meeting. In the meantime, do not hesitate to contact me with any questions you may have. Commissioner John W. Tippi~ ~II~O Chairman Indian River County Vice Chairman I 2ouncilman Charles Wurmstedt Town of Indian River Shotes Staff Director Robert M. Keating,'AIC? CC: Robert M.: Keating, AICP Iacob Riger.. GUs.. S chmi cit - FDOT District F°ur Doti Roy - TM 2000.0122 I I i I I I I Phillips, Administrative Secretary II. CALL TO ORDER Commissioner Tippin called the meeting to order and acted as Chairman, at which time, it was determined a quorum, was present. APPROVAL OF MINUTES Chairman Tippin asked if there were any additions or corrections to the Minutes of March 8, 2000. There were none. · ON MOTION by Kenneth. Macht,. SECOND.ED by Fran Adams, the members unanimously (9-0) voted to approve the Minutes of March 8, 2000, as re-presented and re-distributed. DISCU$.~iON OF MPO BOARD MEMBERSHIP A, Np APPORTIONMENT Mr. Keating stated a staff report addressing the issue of M.P.O membership and reapportionment came about as a result of the City of Sebastian's request that.the MPO 'add an addi,fiOnal' member to'the Governing Board', He then gave a presentation with staff's recommendations concerning this issue, a copy of which is on .file in the County Commission Office. Mr. Keating pointed out at the time the School District asked to be a 2 April 12, 2000 member of the MPC, there was a state-level interpretation they could be members, which was not the case in 1993 when the MPC had to be comprised of elected officials and transportation authorities. .He stated that in.the case of the City of Sebastian, if the MPC were'to go through reapportionment again, it would probably take about a year, and the steps that would need to be taken would be as follows: ·. Preparation of the AppOrtionment Plan and approval by the MPC. .,, Adoption of Resolutions by the Board of County Commissioners, the School District and ali the municipalities in the County. · Submission of the Plan to the Central Office of the FDOT and the Governor's Office. ° After the above procedure took place, the lnterlocal Agreement' · would' need to be amended by the MPC, approved by the Board of CoUnty Commissioners, the School DiStrict and' all of the municipalities. He said Staffs recommendation was for the MPC to postpone any changes to the MPO's membership until after the 2000 census data became available. Commissioner Macht felt there was enough evidence Sebastian was a 3 April 12, 2000 rapidly growir~g area and would be needing an additional seat. Commissioner Adams commented, if the process were to begin, it could always be amended, if necessary. Mr. Keating remarked the population percentage distribution within the unincorporated County was currently about 65%; therefore, using the. criteria of Florida Statutes 339 which states each jurisdiction should have representation comparable to its population, the County should have about 65% of the representaiton on the MPC Board. He said,.dght now, the County had four.representatives on a nine-member board, which was essentially less than 50%, and if you added another member, the County's representation would be diluted. Commissioner Adams felt if ratios were .a concern, a fifth commissioner could be added to keep '-the percentages up, because despite the discrepancies shown from the' census and the' Bureau of Economics and '~Bu s'in'ess 'Research (B EB R.). projections,'~he Sebastian population ,would' be somewhere in the' middle. Mayor Bowden wondered how the City of Vero Beach would figure in on another county or municipality being.added as a member, Commissioner Ginn stated the Council of Public Officials (COPO) was 4 April 12, 2000 /'-'" given the responsibility of looking at reapportionment, and discovered it was not really possible to do i.t until after the.census counts were in. She felt the MPC should follow Staffs recommendation to have actual numbers to go on, which would not be in until 2001; however, someone could come.on as a non- Voting member. She commented the SchoOl: Board was a d~fferent case altogether, because it Wasa body that wanted representation 'because of the waythe roads Were used. ' .': '.. ' ' Vice Chairman WUrmstedt said if you went strictly by population, Fellsmere and Indian :River Sh°res sh°ul~ Pr°~ably n°t be represented' ' · 'COmmissioner Ginn a~ked how 'ind~an' R~ver Shores'became a part of the MPO if it was based solely on population. ": ' Mr. Keating replied the MP0 :Governing Board Sh°uld rePresent the percentage distnbution- of the local 'governments Within' the area as.closely as. possible, and althoUgh there coUld be some divergence from the strict nUmber · representation; the fu..~her' you' moved away from 'it, 'the'..more closely the FDO'r and Governor's Office would be looking at-it and not approve it.' Commissioner- Stanbridge brought up the fact that before the MPO was formed, the Transportation Advisory Committee (TAC) was in existence,- and ,.__...the members included were Indian River Shores, the School Board, and Feilsmere, and everyone was represented very well for a number of years before the MPC was established. Councilman Hill was concerned if we waited for the census information at the end of 2001, it would be toward the end of.2002 or 2003 before there was another seat on the MPC, because possibly by then, the :population in Sebastian would be greater than ~/ero Beach. Councilman Fletcher insisted the proper procedure would be to wait until the census figures came in because it was inappropriate to do it now. Commissioner Tippin clarified for purposes of the new members present, that although there had been differences 0f..opinion .in the past, matters concerning Sebastian :had been supported by the MPC, and at one point in time, when Sebastian's one representative opposed the FDOT's plan on widening certain roads, it was voted down. by this group. ON MOTION by Fran Adams, SECO.NDED '. Kenr~eth ,Macht, by it'was.,recommended...,.th~at 'the process begin to add'an additional member from the City of Sebastian to the MPO. Under discussion, Commissioner Ginn asked if the FDOT was going to be working on. an interlocal agreement before there was proof it was i 6 April 12, 2000 , necessary. .~. · Mr. Keating Stated the interlocal agreement took place after approval of the a.ppodionment process. THE CHAIRMAN CALLED FOR THE QUESTION, and the Vote was 8-1. in favor of the'Motion, with Councilman Fletcher opposing. '. ~'~---'" STATUS REPORT OF MPC ADVISORY COMMITTEE~ Mr.' Keating mentioned the information was contained in the backup. OTHER BUSINESS 5000 EnhanCement Program Update Mr. Keating reported a memorandum had been recently distributed to the members, along with a copy of the application and rUles. He 'indicated enhancement 'projects were aimed to embellish the transportation system, such as sidewalks and bikeways, and $240,000 Would be available in the 2003/2004 fiscal year; Mr.. 'Eeating ..then. mentiQned the FDO'T was encoUraging'local governments to submit these applications as Local Assistance Projects (LAPs). Councilman Tyson asked whether it applied to city streets, or public highways, 7 April 12, 2000 I Subject: Process. City of Sebastian, Florida County Road 512 Visioning Agenda No. ~). 2 (~for Submittal by: Exhibits: C-512 zoning regulations and C-512 Overlay District Requirements. EXPENDITURE AMOUNT BUDGETED: REQUIRED: Deparlznent Origin: Grgwth Management Tracy E. Hass ,~ ~ . Date Submitted: September 15, 2000 September 2'7, 2()00 APPROPRL&TION REQUIRED: 'SUMMAKY As you are well aware, the City recently adopted the revised Land Development Code (LDC), which included the new County Road 512 Performance Overlay District. Additionally, a primary objective of the Growth Management Department's Fiscal 2000-2001 Budget is the process of holding a series of open public forums to solicit resident and business community participation (a.k.a. Charette Process) for establishing guiding principles for future development and streetseape beautification improvements along the CR 512 corridor. In light of recent events .concerning the City Council's denial of a proposed Car Wash facility on County Road 512, staff wishes to move this project to the forefi'ont so as to not encounter such problems in the future. With the impending development flourish inevitable, it is very.important that the City begin the visioning process for C.R. 512 to avert any future plan submittals that may be inconsistent with the C.R. 512 vision. It is our hope that we can accomplish this activity without imposing severe economic development restrictions. However, we are well aware that the visioning process can be rather lengthy and time consuming and will take all necessary precautions to insure protection against unwanted or undesirable development. One precaution that has been suggested is the imposition of a moratorium on certain categories of development until the visioning process has been completed. Included with this transmittal is a copy of the C-512 zoning regulations and the C-512 Overlay District requirements. Please review these documents prior to the September 27, 2000 City Council meeting, at which time we can begin preliminary discussions concerning the future direction of development along the C.R. 512 corridor. RECOMMENDED ACTION Review the attached documents and direct staff accordingly. Chapter ri: District and General Regulations Article V: Zoning Di~tric~ Regulations SECTION 54-2-5.3CO~vI~IERCIA.L DISTRICTS (Subsections 54-2-5.3.1 through 54-2-5.3.3) GEN'ERAL INTENT OF CON~'M~RCIA_L DISTRICTS The overall pm-pose and ~tent of the commercial d.i~-icts is to provide a management framework for implementir~g Comprehensive Plan commercial development objectives and policies. The location and disla-ibution of speCific types of commercial activities shall be determined based on the following considerations: Trip generation characteristics, including impact on transportation facilitie~ and off-street parking systems; Location and site requirements based on specific needs of respective commercial activities, their market area, anticipated employment generation and floor area requirements; Compatibility with and impact on nearby residential and other sm-rounding ¢ornmercial activities; Relationship to sur'rounding land uses and natural sysrem~; and Impact on exis.tmg and plazmed community services and utilities. .Ail commercial development shall comply with the Comprehensive Plan, performance criteria in Chapter LTl, as well as all other applicable land development regulations. Following is a description of the purpose of each zoning district herein established, ~ctudi.ng reference to the Comprehensive Plan Furore Land Use Map designation which shall be implemented, through the land development regulahons.. SUBSECTION 54-2-5.3.1 COMI'VlrlgRCIAL-512 DISTRICT (C-512) INTENT. The C-512 district is established to implement. Comprehensive Plan policies for managing land designated for commercia! development, along segments of C.R. 5 I2. · Traffic impacts Along C.R. 512 Corridor. The purpose and intent of the C-5 t2 district is to provide a well-plan.ned and equitable growth management policy for directing fat'are development within the C-512 district boundaries. The existmg pa~em of development without such regulation violates accepted principles and practices of traffic engineering, comary road policies and standards, and adversely impac~ the safety, wetfare,~ and convenience of the motoring public. This statement acknowledges the fact that C.R. 512 is identified as an arterial highway on the major thorougtzfare plans of both the City of Sebastian and Indian River County. Both acknowledge that C.R. 512 is a major regional transportation facility linkmg U.S. I and 1-95, and als° linking the cities of Sebastian and Fellsmere with Indian River County, mad the City of Vero Beach urban areas to the south. Plan for Off-Street Parking and Controlled Curb Cuts. The purpose and intent of the C-512 d/strict is also to restrict the location of curb cuts within the district, require compliance with a master plan for parking and curb cut control, and regulate the timing and intensity of land development in order to alleviate potential Ixaffic congestion along the C.R. 512 corridor. Although presently land within this district is relatively undeveloped, if the regulations prescribed herein were not duly adopted, future development w/thin this district would generate unsafe and dangerous conflicts [n traffic flow along C.R. 512. L,-md Development Code P~e V-t I Ci.ty of Sebastian Chapter II: District and General Regulations Article V: Zoning District Regulations B. USES PERIYHTTED Cultural or Civic Facilities Churches Administrative Services, Public and Private Clubs Md Lodges, PuNic and Private Business aad Professional Offices, excluding drive- throtzgh facilities Medical Services Commercial Retail < 5,000 sq. ft. Home Occupations Plant Nurseries Commercial Amusements, enclosed Restaurants, excluding drive-through facilities Trade and Sldtled Services Accessory Uses to Perm_irted Uses Residential Uses accessory to Perm/t'ted Uses C. CONDITIONAL USES Child Care Services Nursing Ho roes Protective and Emergency Services, Public Utilities, Public and Private Parks and Recreation, Public Gasoline Sales, Retail Veterinary Services Commercial Retail w/th >5,000 sq. ft. Accessory Uses to Conditional Uses D. ' DIi~LENSIONAL REGULATIONS I. Maximum FAR: 50% 2. Max/mum Height: 35 feet. 3. Lot Coverage: Maximum Building Coverage: 35% MaXimum Impervious Surface 80% Minimum Ope~n Space: 20% 4. Lot Dimensions: Minimum Lot Size: 20,000 square feet. Minimum Width: 125 feet, · Minimum Depth: 160 fleet. 5. Minimum Setbacks: Front Yard: If abutting CP. 512: 74 feet Otherwise, all other front yards: 10 feet Side Yard.: None if the building is built to the side property line(s); otherwise a minimum of i0 feet. Rear Yard: Land Development Code 6/15/o000 9:09 :LM 10 fleet P,-uge 5'-I2 City, of Seb;udan Chapter ~: District and General Regulations Article V: Zoning District Regulations Re= Y=d Landscape Requirements.: A rear yard buffer strip shall be required pursuant to Section 54-3-14.16 in order to provide satisfactory screening of the district from abutting resideutially zoned property. Unified Control of Land. All development proposals having a.C-512 designation must demonstrate that all land within the project is held under common ownership whether an individual, a partnership or corporation, submits the proposal. Mandatory Compliance with Master Parking and Curb Cut Control Plan ~IPCCCP). 'The M. PCCCP is hereby adopted by reference and shall apply to all developmen~ within the C-512 district. The MPCCC? is on file in the Planning and Growth Management Department. Expansion of Uses to Adjacent Lot(s). An existing permitted land use within the C-512 district may be expanded to an adjacent lot or lots of less than 80 feet width providing the following conditions are met amd the Planning and Zoning Commission approves, the site plan for the expansion: The subject lot or lots shall be under unified control with the adjoining subje¢¢ developed properties pursu~.t to Section 54-2-5.3.1 (E); All such extensions must be constructed ms a contiguous extension to an existing structure on the adjoining lot; and The proposed development shall comply With all codes and ordinances of the city of Sebastian and reasonable conditions affixed to the site plan by the Planning and. Zoning Commission and/or the City CoUncil. Compatibility of'Building Lines. No structure within the C-512 district shall be set back more than eighty-four (84).feet from the front property line in order to ensure a uniform pattern of development along the CR 51.2 corridor. SUBSECTION 54-2-5.3.2 CONIMERCIAL LIMITED DISTRICT (CL) INTENT. The CL district is established to implement comprehensive plan policies for managing-land designated for limited commercial development. A.reas designated for limited commercial development shall not accommodate large-scale retail sales and trade activities generally serving regional markets. Such stores usually differ from limited commercial shops since the former generally require ~t lazger floor are~, can'y a relatively larger inventory, and require, a substantially greater off-street parking area. Uses which are not accommodated within the limited commercial area include the following: large scale discount stores or supermarkets; depa.,m'nent stores; wholesale and warehousing activities; sales, service or repair o£ motor vehicles, machine equipment or accessory parts, including tire and batterY shops; automotive services centers; and f~t food establishments with drive-in or drive-through facilities. B. PERNIITTED USES Business and Professional Offices, excluding drive-through facilities Cultural or Civic Facilities Medical Services Commercial Ketail ~$,000 sq. fo. Home Occupations Parking Garages Churches Administrative Services, Public and Private Clubs and Lodges, Public and Private .All Uses Permitted within the ~M-8 Zoning Di.strict Accessory Uses to Permit-ted Uses City of Sebastian Land Development Code Page V. 13 A~TICLE XX2: PERFORNLA~NCE OVERLAY DISTRICTS SECTION 54~t-21.1 ENTENT The intent of this section is to describe certain Performance Overlay zones used to impose special development resections on identified areas. The location of Performance Overlay zones is established by the City of Sebastian based on the need for .special protective measures in that area. Thc underlying uses in the area, as determined in Chapter Fi of this Code, remain undisturbed by the creation of the Performance Overlay zone. The Performance Overlay zone merely imposes additional or different development standards than those that would otherwise apply, SECTION 54-4-21.2: PLrRPOSE The overall purpose of these regulations is to: Promote an attractive and inviting corridor; b. Provide for a sufficient amount of attractive and well-maintained landscaping to complement buildings and structures with,in the corridor. c. Encourage development of attractive buildings within the corridor, d. Ensure unobtrusive and orderly signage that averts a garish and visually cluttered appearance along the corridor. e. Encourage creative desi~s and buildings of quality; f. Poster creative approaches that result in buildings of enduring character through use of quality design and building materials; and o Make the Overlay Districts consistent with their vision smrcmenm. SECTION 54-4-21.3 SPECIAL REGULATIONS A_ND EXEMPTIONS A. Exemptions. Within the Performance Overlay Districts, the following exemptions shall apply: 1. Single-familY development and redevelopment shall be exempt from all Performance Overlay District special development regulations. Industrial and storage buildings located within an industrial dis~ict shall be exempted from foundation planting landscaping requiremenm and architecttu'al/builciing requirements only if no building facades abut a residentially zoned area or front on public or platted roads. All industrial buildings shall satisfy the 'color requirements. Electrical substations and similar public or quasi-public facilities that prohibit access by the public onto the site may be exempted from architectural/building requirements, if the exempted building(s) and equipment will be visually screened from adjacent properties and roadways. B. Uses. With the following exceptions, uses within the Performance Overlay District~ shall be as specified in Article V of this Code. 1. Outdoor displays. No outdoor displays shall be permitted unless approved by the Planning and Zoning Commission pursuant to Section $4-3.10.2.D. 2. Uses with Vehicle and Service Bays. Uses involving vehicle and service bays that are oriented - perpendicular to CK 512.are allowed only if a Type "B" buffer with a four (4) foot high opaque feature is provided along the site's CK 512 frontage. Land Development Code 6/9/2000 3:52 PM Page XXI- I City of Sebastian 3. · Underjound Uffiities Services Required.· Wh~re new utilities services (e.g. elec~cal, phone, · cable) are provided to project sites, such service shall be installed underground. t a stem e¢ nlm on roads w~th ex~ 4. Connection to Pedes ri n Sy s. Proj ts fro ' g ' 'sting or planned/required sidewalks and/or bikeways shall provide a pedestrian path from the project to the existing or future sidewalk and/or bikeway. Said pedestrian path shall have a minimum width of five (5) feet, shall consist, of a rigid surface meeting Florida Accessibility Code requirements, and may include properly marked areas that cross parking lots and driveways. . SECTION 54-4-21.4: PLAN APPRovAL ' In the Performance Overlay DisU-icts, development and redevelopment requiring administrative, minor. modification or site plan approval and exterior renovations shall comply with the districts plan requirements. The area of development for such projects shall, be the area of the site containing buildings, additions, structures, facilities or improvements proposed by the applicant or requ/red to serve those items proposed by the applicant. ' . ' SECTION 54.-4-21.5 SUPPLEMENTARY RE QI./-It~M_ENTS FOR SiTE PLAIN ' ·SErB~IITTAL AND REVIEW..'.. A. Preliminary Review of Site Plans. Preliminary'staff review of site plans is mandatory, including review of landscaping and tree preservation plans, architectural plans, lighting plans, and color and exterior f'miSh samples. · ' B. Site Plan Review. The drawings listed below are to be submitled in a minimum twenty-four-inch by thirty-six-inch format, and are to be the largest scale, which will fit on a twenty-four-inch by third-six inch format. In addition to normal site plan review submittal requirements, the following are to be submit:ed atthe time of site plan review: 1. Site plan. This plan shall indicate setbacks and all site development as required by the site plan ordinance, and shall depict: building orientation; locations of signage, location of service areas, dumpsters, loading zones, mechanical equipment, and any other "visually offensive elements" as' described in these requirements, including locations and specifications of screening devices. ' 2Tree plan This plan shall indicate location, diameter at base height (dbh) four and one-half (4 5) feet above grade, and species of all trees six-inch caliper (measured at dbh) and larger. 3. Landscape Plan. The landscape plan may be incorporated into the site plan. It shall include calculations demonstrating compliance with Article XIV and the special landscaping requirements as established within each district. ' ' 6 Building Elevations This plan shall include all exterior-building elevations, including all items .-'---- affecting, the appearance of the building, including roof design, complete descmpuon of exterior /~,, [. ~ building' materials, exterior building colors, all loading zones, mechanical and electrical ] equipment locations and their required screening devices, and signs attached to buildings. Code Page XXI-2 City of Sebastian Land Development 6/9/2000 3:52 PM Chapter IV: Administration of Plan lteview and Subdivisio ns Article ~sfI: Overlay District Reyulafions Certificat-/ons. The plan shall include certifications from the project ~chitect or engineer that proposed roof plans and elevation plans sa~sfy the Overlay Districts architectural/building standards. Other Requirements. Prior to site plan release, applicants shall submit to Planning and Growth Management Department three sets of the following and shall obtain planning staff approval of each component: Site Lighting Plan. The site lighting plan may be incorporated into the site plan. It must indicate the site lighting plan, as well as ~ light fixture schedule' with cut .sheets (w~tten specificat/ons and pictorial representation including photometric chart) for all site !ighting fixtures, This includes any site lighting fixtures attached to buildings. Sign Elevations (minimum scale: 3/4" = 1'-0"). These are to be detailed drawings of building and site signage including all items affecting the appearance of signs, including but not limited to: dimensions, area in square feet, complete description of finish materials and their colors, color samples (minimum size ~ree (3) inches x five ($) inches, using Pantone Matching System® numbers with color number on back of each sample) a.nd method of illurn/nation. This is required for all outdoor.si~s except those, which cannot be determined because the occupancy of the space is not known. Any signs not reviewed st site plan review time for this reason must be reviewed under these requirements prior to the issuance of a sign permit. Building Color Samples (minimum sample sizes: three (3) x five (5) inches)': .Exterior and e×terior signage color samples shall be submitted. Cert~cation. Certification from the project arcb_itect or engineer ~hat the proposed site and exterior building lighting, proposed signage, and proposed building and signage colors satisfy the Overlay Districts li~.~4ting, sigsuage and color standards. Approval for Change of Exterior Design Required. Changes to the exterior' of any s~ructure in the Overlay Districts shall require review and approval by the Plazming and Growth Managem~t Depa~:m:ent. Such changes shall include, but not be limited to, colors, building mater/als, roof finishes and signage. Routine maintenance and replacement of materials which do not affect the approved exterior design shall be exempt from such review and approval. SECTION 54-4-21.6 WAIVERS As part of an application for development, a request may be made for a waiver of any of the provisions of this article. The request shall be hem'd by the Planning and Zoning Commission in determining if any such pro,sion be waived, modified or applied as written. The Planning and Zoning Comm/ssion shall hold a quasi-judicial hearing on the requested waiver. The criterion for granting a waiver or modification of any of the provisions of this a~cicle is whether the strict interpretation of the requirements o/' this as~icle places an inordinate burden on the property owner as defined by Florida Statutes. The waiver procedure herein is the exclusive remedy to the application of the provisions of this a~cle and is to be utilized in lieu of an application for a variance. Iff. isto ric Buildings. P~cforrnance Overlay Districts for the purpose of preserving a Historic building. The Planning and Zoning Commission may waive the requirements of the Land Development. Code 6/9/2000 3:52 PM Page X_X_t - 3 City of Sebastian Chanter l'V: Administration of Plan Review and Subdivisions Article ~Y.I: Overlay District As a significant business and residential center a.nd a major entranceway into the City of Sebastian, the corridor will have an attractive, well maintained, orderly and uncluttered appearance[ The Corridor will be characterized by impressive vegetation and landscaping; complementary buildings and signs with enhanced designs and aesthetic appearances; and a safe transportation system that acco,,mmodates mass transit, pedestrians, bicycles, and other transportation alteraatives, as well as automobiles. that are located within the City limits of the City of Sebastian. If any additional segments of CE. 512 are subsequently duly annexed ,'_into the City, land development along the said newly annexed segment shall be consistent with the City s Land Development Code, including this Article. In the CP. 51.2 Overlay District, the following special regulations a~d exemptions shall apply to new development and redevelopment. ' S CTXO AlzCrnT .CTURALmUr Dmc ST mU)S ' A. Prohibited Architectural Styles. The follow are prohibited: " ' 1. Corporate signature or commercial prototype architecture, unless such is consistent with these special corridor requirements. Examples of such prohibited architecture include flat roofed convenience stores, gas 'stations, and canopies for gas stations, car washes, and drive, through facilities.. ' : ' 2. Any kitsch architecture (SUch as a building that does not resemble a typioal su'ucture), including structures or elements that resemble an exaggerated plant, fish, edible food, or other such items such as giant oranges, ice cream cones, dinosaum. · · 3. A-ny architecture having a thematic reference that is so different from current design philosophy that .such reference is inconsistent and/or incompatible with surrounding structures. Examples of such Luclude: iglo_o,s,, domes or geodesic domes, quonset style structures, teepees, log cabins, western "false fronts ', medieval castles, caves, and the like. B Specialprovisions ' '' '~ ' , i. Industrial and Storage Uses in Commercial and Industr'al Districts. Compliance shall be required only for those facades fronting on residentially designated areas or public, or platted roads. However, industrial buildings shall satisfy the color requirements. 2. Residentially Designated Properties. The following materials are approved for use in residentially designated areaS: fiberglass or asphalt shingle-style roofing for sloped roofs and visible roof structures, and textured plywood as a finish Product. Rooftop screening devices shall not be required for attic ventilators or plumbing roof vents on residentially designated properties. ~ However, roof ventilators, roof vents, and the like shall be located where they will be least visible ]from roadways. Lsmd Development Code 6/9/7-000 3:52 PR[ Page X. XI-22 City of Sebastian.[ Cha~_ter l-V: Administration of Plan Review and Subdivisions Article ~'~I: Overlay District Regulations Shopping Centers And Out-parcels. The mater/als, exterior f'mishes, signage and colors of shopping centers and structures developed on shopping center outparcels shall be compatible and harmonious with each other as determined by which struc'm.res are developed frrst. This requirement may be waived by the Planning and Growth Management Department if.' a. The inirial shopping center or ourparcel was built prior to the enactment of the CR 512, special regulations and b. It is determined by the Planning and Growth Management Depmttoent that enforcement of this requirement would conflict with the intent of these CR 5 t2 special requirements. Electrical Substations and Similar Uses..Electrical substations and Similar uses that prohibit access by the public into the site may be exempted from all architectural/building requirements by the Planning and Growth Management Director if the exempted building(s) and equipment will · be visually screened from adjac,nt properties and roadways. C. General Design Criteria 1. Buildings with facades fronting on more than one street shall have similar design considerations (e.g. roof treatment, building articulation, entrance features,, and window placement) and consistent detailing on all street frontages. 2. General prohibitions and restrictions: Plat, blank, unarticulated, or massive facades fronting on a roadway, exclusive access drive or residentially designated areas are prohibited. Facades fronting such macls, cirives, or areas shall be designed to incorporate architectural elements providing breaks in the planes of exterior walls anctTor roofs to articulate the building and to lessen the appearance of excessive mass. Facades should incorporate elements relating to human scale, and can be divided by use at proportional expression of structure, openings, arcades, canopies, fenestration, changes in materials, cornice details, molding details, changes in the heights of different sections of the building, and the like (stepping or sloping of a parapet wall in conjunction with a low sloped roof is prohibited). Flat, blank, unm'ticulated, or massive fender w/Il be permitted on the sides of a building when building is constructed to the allowable zero (0) foot side setback. The following materials or systems are prohibited as a f'mish and/or exposed product: corrugated or ribbed metal panels, smooth finish concrete block (standard concrete masonry un/ts), precast concrete tee systems, plywood or textured plywood. Plywood shall be allowed for soffit material. Any canopy (such as for a gas station, car wash, or drive-through facility) that is wholly or partially within seventy-five (75) feet of a thoroughfare plan. road right-of-way shall meet the following requirements concerning maximum fascia height (This pertains to all fascia on the above described canopy including any canopy fascia that continues beyond the seventy five-foot limit.): 'ROOF SLOPE DISTANCE Less than I0 feet 10 to 20 feet Greater than 20 feet NL4~X21VFUM FASCIA HEIGHT 8 inches 12 inches 16 inches Land Development Code 6/9/2000.3:52 PM Page XXI-23 City of Sebasria~ Chaoter l'V: Administration of Plan Review and Subdivisions Article XXI: Overlay District Regulations Plastic or metal is prohibited as a finish material for walls or trim. Plastic is prohibited as a finish material for sloped roofs, visible roof structures, and fascias. Although prohibited in general, certain metal and plastic consU'uction products may be approved by the Planning and Zoning Commission, upon a written request and product sample submitted by the applicant. The Planning and Zoning Comrrhssion may approve use of the material if the following criteria are satisfied: The'product shall appear authentic from the closest distance that it will be viewed by the general public. The product shall be substantial. Thin and flimsy imitations are unacceptable. iii. The product shall hold up as well as the product it is imitating. That is, it must be fabricated in. such a way that it will retain its original shape, appearance, and color, as well as the product it is imitating. iv. The' product's color shall resemble the color of the product it is imitating. Any exposed masoru'y in a stackbond is prohibited. f. Lighting sU-uctures or strip lighting that follows the form of the building, parts of the building, . or building elements is prohibited. Neon lighting; fiber optics or similar systems, which exceed six (6) square feet in area, and where the neon tube, fiber optic or similar system is visible from the outside is prohibited. Neon lighting, fiber optics and similar systems shall not be used for outlining the building including the windows. Backlit transparent or translucent architectural elements, backlit architecu, u~l elements, as well as illuminated or backlit awnings and roof mounted elements are prohibited. This does not prohibit the use of.glass blocks. This does not prokibit the use of an illuminated sign attached to a building: Facades that appear to. be primarily awnings are 'prohibited. An awning shall not run continuously for more than thirty (30) percent of the [eng*.h of any single fa;adc. Placement of awning segments shall relate to building features (e.g. dooc,vaYs and windows), where possible. Awnings shall not exceed twenty-five (25) percent of the area of any single facade. Drive-up windows shall not be located on a building facade that faces a residential area or a roadway unless architecturally integrated into the building and screened by landscaping equivalent to the landscape material required in a local road buffer and must. rum the length of the drive-through lane. Speakers shall be oriented' so as not to project sound toward residential areas. Accessory structures, including sheds, out-buildings, dumpster enclosures, and screening structures, shall match the style, finish, and color of the site's main building. Metal utility' sheds and temporary car canopies are prohibited. Land Development Code 6/9~000 3:52 PM Page XXI-24 City of Sebastia~ Chaloter I~: Administration of Plan Review and Subdivisions Article ~3[: Overlay District Ret, ulations D. Roofs and Parapets: Sloped Roofs. Gable, hip, and shed style roofs shall have a slope no less than 5:12 (rise:run). Mansard style roofs with a slope greater than 30:12 (rise:run) are prohibited. Generous eaves on sloped roofs are encouraged. Any roof with a slope less than 5:12 (rise:m) ("low sloped roof') shall not be v/sible from a roadway and/or residentially designated area. Low sloped roofs must be screened, with a visible roof structure or parapet wall. Visible Roof Structures. Visible roof structures shall be of such height, bulk, mud mass, so as to appear stmcraral, even where the design is non-structural and shall have a m~n~rnum vertical r/se of six (6) feet (not including fascia). Visible roof structures shall have a slope no less than 5:12 (rise:run). Mansard style visible roof structures with a slope greater than i0:12 (r/se:mn) are prohibited. Where visible roof slructures are utilized in a building design, they shall be continuous around all sides of the structure, except where incorporated with a parapet wall or other architectural element (this does not allow "stuck-on" roofs). Any facade that is not vis~le from a roadway, exclusive access drive or residentially designated area, such as facades that are interior to a tightly spaced compound of buildings, will not require a continuous visible roof structure on that facade. Any building with less than three thousand five hundred (3,500) square feet of ground floor area shall have a visible roof structure an all facades. The. Following. Roof Styles Are Prohibited. "A-frame," bowstring,, dome, gambrel, non-symmetrical gable or hip (different slope on each side of ridge), quonset, and polynesian. Gable or hip roof with up to a 10:12 (rise:mn) maximum pitch with a "skirted" or "flared" lower portion at a 3:12 (rise:run) minimum pitch is allowed. The ridge or plane of a roof (or visible roof structure), that runs parallel (or slightly parallel) with a roadway shall not run continuous for more than one hundred (100) feet without offsetting or jogging (vertically or horizontally) the roof ridge or plane a minimum of sixteen (16) inches. Low sloped roofs and parapet walls are'excluded from this requiremerm , 5. Roofing on sloped roofs and visible roof structures shall b.e limited to the following systems: a. Cedar shingles or shakes, slate, clay file, or cement tile. b. Steel; copper, and factory painted aluminum standing seam roofing. c. 5-V crimp roof. d. Galvanized metal or copper shingles of Victorian or diamond shape or pattern. e. Three dimensional fiberglass or asphalt skingle. Architectural standing seam roofs shall be limited to the following systems: flat metal panels with narrow raised seams mrming 12 to 20 inches apart, which are secured with continuous seam covers or mechanically seamed. Light and natural colors, as well as mill finish metal roofs are encouraged, biixing colors of metal panels is prohibited. Roofs on any one site shall be of a one color. Land Development Code 6/9/2000 3:52 PM Page XXI-25 City of Sebastian Chapter l-V: Administration of Plan Review and Subdivisions Article ~XI: Overlay District Reeula~ons Koofing materials are prohibited for use as a fa'fish material on parapets or any surface with a slope greater than 10:12 (rise:nm) up to and including Vertical ~mrfaces. This pertains only to those surfaces visible from adjacent property, ex¢l~ive of access drives or roadways. Th/s does not exclude the use of metal fascia slx (6) inches or less in height, use of typical metal flashing, wall cap, drip edge, and the like, use of roofing materials as a screening device (as long as it does · not function as a building's parapet), and use of cedar sh/ngles or shakes ~ a wall material used below the roof line. Plastic or metal roof panels or systems, corrugated or fibbed roof panels, hot mopped systems, built-up, gravel, torched on foam or fluid applied, roll or membrane roofing, and the 'like are prohibited on may roof which is visible from any roadway and/or residentially designated area. This does not exclude the use of architectural standing sem'n metal roofing or galvanized 5-V crimp metal roofing. Use of metal or plastic tooling materials may be approved as specified under the section as finish materials for walls, fascia, aud trim. Partial parapet walls are prohibited. If a Parapet wall is used on a building, then a parapet wall of the same style and material is to be continuous around all sides of the stracture, except where incorporated with a visible roof structure or other architectural element. Introduction of any visible roof structure 'shall not appear "fake." Any facade that is not visible from .a roadway and/or residentially desigmted area shall not require a continuous parapet wall on that facade. Stepping or.sloping of a parapet wall in conjunction with a low sloped roof is prohibited. Site Elements: l. All telephones, vending machines, or any facility dispensing merchandise or a service on private property shall be confined to a space built into .the building or buildings, or enclosed in a separate structure compatible with the matin building's architecture. These areas are to be designed with the safety of the user in mind. Public phones and ATMs should have twenty, four hour access. ¢ 2. No advertising will be allowed on any exposed amenity or facility such as benches or trash containers. When feasible, existing ~ecimen trees should be preserved in place or relocated on sire. Use of tree wells, as well as adaptation and variations of siting in order :o conserve native vegetation, is encouraged. I I I I I I I I I The ~e of thematic and decorative site lighting is encouraged. Low lights of a modest scale can be used along with feat-are lighting that emphasizes plants, trees, entrances, and exits. Light bollards are encouraged along pedestrian paths. The color of the light sources (lamp) should be consistent througiaout the project. Color of site lighting luminaries, poles, and the like; shall he limited to dark bronze, black, or dark green (decorative frxrm'es attached co buildings are exempt from the fzxmre color requirement). Lighting is not co be used as a form of advertising or in a mariner that draws considerably mare attention to the building or grounds at night than in the day. Site lighting shall be designed to direct light into the property. Lighting shall avoid amy annoyamce to the neighbors from brightness or glare. I I I I i Land Development Code 6/9/2000 3:52 PM Page X. XI-26 City of SebastimI I Chaoter IV: Administration of Plan Review and Subdivisions Article ,'~-XI: Overlay District Re~lations I Roadway style lum~aries (fixtures) such as cobra heads, Nema heads, and the like are prohibited. 'i...: Wall pads and flood [i~ht luminaries are prohibited where the light source would be visible from ' a roadway, parking area and/or residentially designated area. High intensity discharge (e.g. high pressure sodium, metal halide, mercury vapor, tungsten halogen) lighting fLxmres mounted on buildings and poles higher than eighteen (18) feet above the parking lot grade, and under i canopies, shall be directed perpendicular to the ground. Other than decorative and iow level/low height lighting, no light source or lens shall project above or below a fixture, box, shield, or canopy, · - . . I F. Scr~yning .Devices. ,, ' 1. . Visually offensive elements , whether freestanding, ~ounted on roofs, or anywhere on a i s'a'ucmre, shall be concealed from view on all sides. Visually offensive elements" consist of: walk-in coolers/i'eezers, Wansformers, elec~cal equipment (including panels and meters), water or waste piping and valves, pumps, , fans, exhaust v~ts, compressors, I generators, tanks, and sim/far equipment. Individual screens, building elements, or appropriate landscaping, are to be used to completely screen the offensive elements. Parapet walls, visible roof' sm~crures, individual screens, or building elements, are to be used to I completely screen'roof mounted, visually offensive elements. They are to be screened from · view fi.om any 'point around the entire building perimeter. Screening devices shall relate the building's style of architecture and materials. All screening devices shall be designed so 'that of me offensive element e×tends beyond the .of the measured top screell, horizontally. Rooftop screening devices will not be required'for plumbing roof vents which are less than four (4) inches in diameter and less than twelve 'inches' above roof penetration. · These roof vents should be located where they will be least visible from roadways. Where chain link or similar_fencing is allowed to be used (e.g., around storm water ponds), such fencing shall be green.or black and Shall be located and landscaped so .as to visually screen i the fencing from public vieTM ' 2. "Nuisance elements" shall be visually screened fi.om adjacent roadways and/or residentially I designated areas with solid wails in addition to my required landscaping. Loading dock buffering shall meet standards of the landscape ordinance (Article XI'V). All or. her walls shall be a minimum of six (6) feet in height. Ail dm-npster and trash container areas shall be I completely screened on all sides. Acoustical material shall be used on the inside face of. walls around HVAC equipmentl · 3. Individual screens and Walls shall relate to the building's style of architecture and materials. I A durable material such as reinforced concrete masonry units is recommended with an architecturally compatible finish. Wood fences are encouraged. II visually offensive elements and nuisance elements. 4. Chain link fencing, with or without slats, is prohibited as a screening device for screening Land Development Code 6/9/2000 3:52 PM PageXXI-27 City of Sebastian Chapter I'V: Adminis~ation of Plan Re,dew and Subdivisions SECTION 54-4-11.3.4 Article ,'~X2[: Overtav District Reeulafions COLORS.AND BUILDENG GRAPHICS The Following Building Graphics are Prohibited. PoLka dots, circles, vertical stripes, diagonal stripes or lines, plaids, animals, and symbols such as lighming bolts. However, legally registered trademarks which directly relate to the building occupant (not trademarks of products or services sold or displayed) are allowed, subj ecl to aPPlicable sign and color regulations. Color Standards. All buildings and accessory structures within the CR-512 Overlay District shall be limited to the colors listed in the Overlay Districts Master Color List. 1. Base Building Colors. Base building colors relate to wall and parapet wail areas and shall be limited to colors cons/sting of white and light hOUri'al colors in the wm-m range. Secondary Building Colors. Secondary building colors relate to larger trim areas and shall not exceed thirty (30) percent of the area of any one building facade elevation. These colors consist · of a mid-range intensity of the base building colors and complementary colors, and include all base building colors. Trim Colors. Trim colors are used for accent of smaller tr/m areas, are the brightest group of colors allowed, and include all base building and secondary building colors. Use of metallic - colors (i.e.: 'gold, silver, bronze, chrome, a.ud other extraordinarily bright colors) and use of garish colors, such as fluorescent colors. (e.g. hot pin.k, shocking yellow), is prohibited. Trim colors shall not exceed ten (10) percent of the surface area of any one building facade elevation. Roof Colors (mquiremenm for roofs that we visible from a roadway and/or resident{ally designated area). These colors consist of natural mill finish, white, light neu~zal colors in the warm. range, blue, and a limited number of earth-tone colors. Mixing or alternating colors of · metal Panels is prohibited. For non-metal roofs, other than natural variations in color or color blends within a tile, the mixing or altematiug of roof color in the same roof material is prohibited. Colors and color blends shall not be contrary to the intent of this code. Color for roofing which is glared, slurry coated, or artificially colored on the surface by any other means shall be limited to the same colors as approved for metal roofs. Natural Finish Materials. The cOlor regiments listed above shall not apply to the color~ of tree natural finish materials such as brick, stone, term eom, concrete roof tiles, slate, integrally colored concrete masonry mits, copper, and wood. Color commonly found in natural materials are acceptable, xmless such material has been artificially colored in a maxmer which would be contrary to the intent of these requir~ments..Black, gray, blue, or extremely dark colors for brick. concrete masonry mits, roofing, wood or stone is prohibited. This provision shall not prohibit the use of colors for natural finish roofing materials that match those colors approved for metal roofs. Awning .Colors, Awning colors may include base building colors andJor secondary building color3 and/or la-ira colors. However, secondary bulldog, colors and trim color area used for awnings shall be included in the percentage limitation on the secondary building color and trim color surface area ora facade. Overlay District Master Color List. The ,Overlay Districts Master Color List and approved color board shall be maintained and made available by the Planning and Growth Management staff. The list can be mailed or foxed upon request. Page XXI-28 Land Development Code 6/9/2000 3:52 PM I I I I I I I I i I I I I I I I i City of SebastianI Chapter IV: Administration of?lan Review and Subdivisions Article XX][: Overlay District Re~oulations SECTION 54-4-21B.5: LANDSCAPING. The City landscaping requi~ments of Pazicie XIV apply except as noted herein. Increased Canopy Tree Size. Ail canopy trees required under normal l~dscaping and buffering requirements and special CR 512 corridor plan requirements for projects within the corridor shall have a minimum, height o£ twelve (12) feet and .minimum spread of six (6) feet at time of planting. Palm tree clusters may be. used as canopy trees as specified in the landscape ordinance. However, .such palm trees shall have a minimum clear trunk of twelve (12) feet. Bo CR 512 and' Thoroughfare Plan Road Buffer. Within the corridor plan area, the following landscape buffer shall be provided along the entire length of a site's CK 512 frontage, except for approved driveways: CR-512 Frontage Over 400 feet ' Buffer Depth l0 feet 250 to ¢00 feet 10 feet Less than 250 feet l0 feet Minimum Planting/Berm Requirements per 100' ' 5 canopy trees 6 Understory trees. Continuous hedger: 2.5 - 3 feet high at plantSug Berm: 1'- 1.$' high~ 4.5 Canopy trees 5.5 Uaderstory trees ContinuoUs hod. get: 1.5 - 2.5 feet high at planting Berm: 1.5'-2.5' high 4 Canopy trees 5 .Understory trees Continuous hedge~ :'1.5 -2.5 feet high at planting Berm: 1.5'- 3' high~ ~ NOTE: The hedge Md berm comb~at/on shall provide a visual screen four (4) feet high above the grade of the project site parking area. Hedge material shall provide full screening to the grotmd; therefore, mix myrtles and shrubs with sirrfilar leafing characteristics shall not be used for hedge material unless a double row arrangement is used. At the time of a certificate of occupancy (CO) for the project site, the combination of berming and hedging shall provide a four-foot visual screen, subject to City sight distance requirements. Undulations ha the berm and corresponding hedge height are encouraged. Hedge stn'ubs shall be planted no further apart than twenty-four (24) Luches on center along the length of the buffer strip, to form a hedge that appears conti.uuous ~s Viewed from the roadway being buffered. Berms shall have a slope no steeper than thr~e (3) horizontal to one (1) Vertical (3:1), and shall be continuous along the length of the buffer strip, except where, berm modifications may be necessary for tree preservation as determined by the Planning and Growth Management Director or his designee. Clustering of trees along the buffer strip is encouraged, and uniform spacing of trees is .discouraged, except where used to emphasize a particular planting theme or development style. Hedge plantings may be asymmetrical, and a buffer wall not to exceed four (4) feet in height except as specified ~ below, is allowed within the middle one-third (i/3) of the buffer strip's width (measured/._ perpendicular to the road being buffered) iflandscaping material is planted on each side of the wall. Land Development Code Page XXI-29 City of Sebastian 6/9/2000 3:52 PM Chapter IV: Administration of Plan Review and Subdivisions Article X~I: Overlay District Re~'ulatio ns Special Buffer For NIulti-Famil~y Projects. Multi-family projec~ shall provide the C'R512 and Thoroughfare Plan Road buffer as described above, with the additional requ~ment that the buffer shall include a sLx-foot opaque screen consistent with specifications in Article XIV. Where a wall or fence is used, such wall or fence shall be located with the middle one-third of the buffer strip's width (measured perpendicular to the road being buffed), and landscaping material shall be planted on each side of the wall or fence. Landscape Isls'nds. Landscape islands shall be backfilled at least to the top of curb' or protective barrier, and may be bermed to a maximum height of twenty-four (24) inches above the adjacent parking lot grade. SECTION 54-4-21B.6 SPECIAL SiGN REGULATIoNs Scope. These special regulations axe in addition to the City's sign ordinance and shall supersede any less restrictive provisions foufid in the sign ordinance. All signage shall comply with the requirements of the sign ordinance except a.s modified by these special sign r~gulations. I i I i i I ApProval or Change of Sign Design Required. Any exterior change to CK 512 Overlay .District signage shall require review and approval by the PlamaJng and Growth Nianag~nent Department. .Such changes shall include, but not be limited to, changes of sign area (square footage), sign copy area (square footage), sign copy (this does not apply to "changeable copy" signage), height, shape, · style, location, colors, materials, or method of illumination: Koutine maintenance and replacement of materials wkich does not affect the approved design shall be exempt from this review and approval.. Changes to signs not originally reqUired' to comply, with these special sign regulations are adcLressed in the "nonconforming signs" section 6f these regulations. Prohibited Signs. The provisions stared herein are Lu addition to prohibitions listed i.u Article X'VI: Signage and. Advertising.. The following are prokibited: 1. Lights Or illuminations' that flash, move, ·rotate, scin~illate, blLuk, ·flicker, or vary in intensity or · color, except for time-temperature-date siam. Public signs permitted pursuant to Azt'icle XVI Signage and Advertising provisions are excluded from this prohibition and are allowed. ' 2. Electronic message boards and message centers, electronic adjustable alternation displays, or any sign that automatically displays words, numerals, and or characters in a programmed manner. Traffic regulatory and directional signs permitted pursuant to Article X'VI Signage and Advertising provisions are excluded from this prohibition and are allowed. 3. Portable or trailer style changeable copy signs, excepting approved special event signs. 4. Signs with the optical illusions ofmovernent by mean~ ora design that presenm a patt~n capable of giving the illusion ot morion or changing of copy. Strings of light bulbs used on nonresidential structures for commercial purposes, other than traditional holiday decorations at the appropriate rime of the year. 6. Signs that emit audible soUnd, odor, or visible matter, such az smoke or steam.. I I I I I I i I I I i Land Development Code 6/9/2000 3:52 PM Page X. X2-30 City of Sebastit Chaoter tv: Administration of Plan Review and Subdivisions Article XXI: Overlay District Regular-ions 1 i Neon lighting, fiber optics or similar systems, which exceed six (6) square feet in area, and where the neon mbo, fiber optic or similar system is visible from the outside is prohibited. Neon lighting, fiber optics and similar systems shall not be used for outlining the building including the windows. I I I I i I 10. Ii. 12. Rough Plywood used for permanent signs. A. ny materi~'l used in such a manner for a permanent sign that results in a sign having a semblance to the look of a temporary sign but intended by the owner to be pen-nanen~. l. nstallatioa of an additional sign (or signs) that does not harmonize with the design or materials of the initial sign, such as: a~ Artachraent or mounting of signs where mounting hardware is left exposed. b. Signs with different color cabinets, frames, or structure. Appliques or letters of vinyl and similar materials for use on any perrnanen: monument sign. They are also prohibited for use on any permanent wall or facade signs that exceed, three (3) square feet... Window signs as allowed in this Article are excluded from th/s prohibition. Regardless of size, appliques or vinyl letters are prohibited for use on plastic sign faces. Changeable copy signs for office, industrial, commercial and residential uses, unless such sign is incorporated wit. tin the allowable monument sign area. D. Signs that A.re Encouraged: i. Shaped and fashioned "wood look" multi level signs (i.e.: sand blasted or carved), aad signs having dm-able sigrt cabinet material such as high-density polyurethane arid PVC. 2. Internally illuminated aluminum cabinet with textured finish, and cutout inset or push through acrylic loners. 3. BackLit reverse pan channel letters (opaque heed) mounted on sign that is harmonious with the project's architecture. 4. Signage that relates to the building's style.of architecture and materials. 5. Thematic signage. E. Colors 1. The following colors are encouraged for signage: a. Use of earth-tone colors and pastels. b. Darker backgrounds with light color sign copy Land Development Code 6/9/2000 3:52 PM Use of colors that match or are compatible with the project's architecture. Polished or weathered lrae bronze, brass, or copper metal finishes are acceptable and encouraged. Page XXI-31 City of Sebastian , I Chaoter I'V: Administration of Plan Review and Subdiwlsions Article XXI: Owertav District Reeulntion_s ... 2. The following color~ are prohibited for signage: 1 The use of bright metallic or mill finish colom (i.e., gold, silver, bronze, ckrome, aluminum, a. stainless steel, or-othgr extraorc[inarily bright colors). Colors such as medium or dark bronze · are acceptable and encouraged. ~eciota me~ colors are allowed on sand blasted or carved "wood look" style signs. ' I b. The use c~f ga. fish colors, such as fluorescent colors, is prohibited. F. Multi-Tenant Spaces. Applicants of proposed multi-tenant project% ~ch as shoPping centers, out parcels, industrial compIe×es amd parks, and office complexes and parka, shall submit a sign program for review 'and approval. This sign program shall communicate the coordination and consistency of design, colors, materials, illumination, and locations of signage. In a multi-tenant project where no established pattern exis~ as described above, the owner of the multi-tenant project shall be required to yabmit a sign program for approval prior to issuance of any new sign permits for a tenant space. 1 0. DeSign Criteria And Additional Restrictions. . 1. Freestanding Changeable Copy Signs. Where allowed, a freestanding changeable copy sign I shall not comprise more than eighty (80) percent of the total area of the actual sign. I · 2. WaIF Facade Signage. . ' ' ' a:'Fao maximum vertical dimension of a facade or wall sign shall not exceed twenty-five (25). percent of the building height, i . ' ' ' ' b. Awnings' with lettering shall be considered wall signs. W~ere lettering is used on an awning, the area of lettering shall be included in'the percentage limitation of a project's sign ar,'a. . I C. Lettering, logos, and trim colors on canopy fascia shall be considered a wall sign and shall be limited to thirty-three (33) percent of the fazcia area of any one elevation. Internally · illuminated signs shall not be placed .on a canopy strucutre, and no sign shall be placed above · the fascia on a canopy structure. ' . . . 3. Changeable ·Copy Wall Signs For Theaters. Theaters 'may utilize up to eighty (80) percent of 1 actual sign area for'display o'f names of films, plays or other performances currently showing. ' _ ! 4. mumination. All exteraat flood sign illumination shall be mounted at grade, directly in front of · the sign area. Light source shall be completely shielded from oncoming motorist's'view. · H. Nonconforming signs: It is the intent of this section to allow nonconforming signs permitted before I the adoption of this Code to continue until they are no longer used, or become hazardotm, but not to encourage their survival. Such signs are hereby declared to be incompatible with the overall intent of this section. ' 1 1. Removal of Nonconforming Signs: All nonconforming signs, except as provided for herein, shall be removed. 1 Land Development Code Page XXl-32 City of Sebastianl 6/9a000 3:52 PM Chapter i'V: Administration of Plan Review and Subdivisions Article XX2: O*erlay District R%~ulations I I i I I I Continuance of Nonconforming Signs: A nonconforming sign may be continued, subject to the following provisions: A nonconforming sign shall not be enlarged or increased in any way from its ~awful size at the time of the adoption of this Code. Nouconforming signs or nonconforming si~ structures that are defined as abandOned signs shall not be permitted for reuse. Except as otherwise provided herein, there may be a change of tenancy or ownership Of a nonconforrrfing sign, without the loss of nonconforming status, if the property is not abandoned. Repairs, Maintenance, and Improvements: Normal repairs, maintenance, and improvements may be made. Reconstruction: If any nonconforming sign is destroyed by fire, flood, explosion, collapse, wind, or other catasU-ophe, it shall not be used 'or reconstructed except in full conformity with the provisions of these special regulations. I I I I I Casual, Temporary, or Illegal Use: The casual, temporary, or illegal use of any sign shall not be sufficient to establish the existence of a nonconforming use or to create any rights in the continuance of such use. SECTION 54-4-2'1.B.7: NON-CONFORMITIES Witkin the CR 512 District area, legally established existing development and uses that do not comply with these, special regulations are grandfathered-in. All nonconforming uses and s~a-ucmres are governed by Article VIII. In addition, within the CR 512 District area the following non-conformities regulations shall apply: Nonconforming property: It is the intent of this chapter to allow nonconforming prop~'ies to continue, but also encourage their conformity to what extent is possible considering the existing site conditions and characteristics." A "compatible property" shall be considered in compliance with the intent of the CK 512 District special regulations. i Bo Continuance of nonconforming property: A nonconforming property may be continued, subject to the following provisions: 'Use of nonconforming structures abandoned for a period of six (6) or more consecutive months located on a nonconforming property shall not be permitted until the property is brought into compliance with the requirement~ of a compatible property. Except as otherwise provided herein, there may be a change .of tenancy or ownership of a nonconforming property, without the loss of. nonconforming status, if use of the nonconforming su'uctures is not abandoned for a period of six (6) or. more consecutive months. 3. Color~ of a structure located on a nonconforming property shall not be changed from those~ existing at the time of the adoption of these special regulations, unless the new, to-be-painted colors comply with the CR 512 special color regulations. Land Development Code Page ,-~XI-33 City of Sebastian 6/9~000 3:52 PM Chapter 1-Vt Administration of ?lan Review and Sttbdivisions Article ~Cl: O~erlav District Re~rulations I 4. Projects ori nonconforming properties requiring a building, perrnit (e×cludin= permits for roofs or ~om frs la~l size at. ~h¢ dine of ~e adoption of ~sc special r~lations. ~r~ ~ch chutes m ~:e mq~/,f:r b~l~~/JtT/:~d~Jin?ce ~ ~e requ~ements ora "~ompa~ble prope~" ~e m '' m ' I I I L~d Development Co6e Page ~-34 Ci~ ofSeb~ri~I 6/9/2000 3:52 PM ! i City of Sebastian, Florida i I i Subject: Florida Fish and Wildlife Agenda No. Conservation Commission Derelict Vessel Removal Grant Agreement Terrence R."'Moore Department Origin: City Manager Date Submitted: 9/21/00 For Agenda off 9/27/00 i Exhibits: Fish & Wildlife Grant Conservation Commission Derelict Vessel Removal Grant Agreement EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: N/A N/A REQUIRED: SUMMARY The attached Derelict Vessel Removal Grant Agreement between the City of Sebastian and the Florida Fish and Wildlife Conservation Commission provides for the removal of derelict vessels from the public waters of the State, pursuant to Section 376.15(2)(b), Florida Statutes RECOMMENDED ACTION Move to authorize the City Manager to execute the Derelict Vessel Removal Grant Agreement between the City of Sebastian and the Florida Fish and Wildlife Conservation Commission for the removal of derelict ~ from the public waters of the State, pursuant to Section 376.15(2)(b), Florida Statutes (~rogram). FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION DERELICT VESSEL REMOVAL GRANT AGREEMENT FWC GRANT NO 00061 THIS GRANT AGKEE1V[ENT is entered into this ~ day of ,200__, between the FLORIDA FISH AND WILDLIFE CONSERVATION CoMMIssION, hereinafter referred to as .the COMMISSION, and CiW of Sebastian, hereinafter referred to as the GRANTEE. WiTNESSETH: WHEREAS, the COMMISSION has established a program to provide grants to coastal local governments for the removal 6f derelict vessels from the public waters of the state pursuant to Section 376.15(2)Co), Fiorida Statutes (Program); WHEREAS a GRANTEE is a coastal local government as defmed by Florida Statutes; NOW THEREFORE, the COMMISSION and the GRANTEE do hereby mutually agree as follows: 1. Definition. Scope and Q_ualit~ of Grant Services The GRANTEE shall administer'the removal and disposal of designated derelict vessels as an independent governmental authority and not as an employee, agent, or representative of the COMMISSION. No vessel shall be eligible for removal or disposal by the GRANTEE unless and until said vessel has been designated as a derelict vessel by the Commission's Bureau of Marine Enforcement as prescribed by General Order of the Commission's Division of Law Enforcement. · Only derelict vessels that appear on the Derelict Vessel List, Attachment A, which is made a part of this Agreement by reference, are eligible for grant monies. Authorized disposal sites for derelict vessels shall be limited to permitted artificial reef sites, permitted landfill locations and permitted recycled materials centers. Exceptions to this requirement must be approved in writing by the Executive Director of the Commission. f. No grant monies for the removal or disposal of a given derelict vessel shall be p.aid to the GRANTEE until said vessel has been legally removed and disposed of and such removal and disposal properly documented by the GRANTEE. The GRANTEE shall be responsible for obtaining all state, local and federal permits and licenses required for the removal and disposal of the designated derelict.vessels. The GRANTEE shall fully comply with all applicable laws, ordinances, and codes of state, federal and local governments which are applicable m the work accomplished pursuant to this Agreement. Full responsibility for such compliance shall rest with the GRANTEE. Any pollutant found to be contained within a designated derelict vessel shall be removed and properly disposed of in accordance with applicable laws by the GRANTEE prior to the removal of the derelict vessel. DV#00-04 FWCC 00061 Page 1 of 10 i I i The GRANTEE shall be entitled to the salvage value of any grant-designated derelict vessel or any part(s) or accessories thereof, excluding the hull, not used in the construction of a permitted artificial reef site. All such salvage activities not essential to the physical removal ora derelict vessel shall be accomplished after the vessel has been removed from public waters. The salvage value of each vessel shall be deducted by the GRANTEE when determining the removal and disposal costs for each derelict vessel. The GKANTEE agrees' that all w~rk shall be performed satisfactorily as determined by the COMMISSION by competent employees experienced and c~ualified to do the work specified in this Agreement, and that all work will be performed in accordance with the best commercial practices and without unnecessary delays. The GRANTEE and its subcontractors shall use suitable, modern equipment necessary for the satisfactory execution 0£ this Agreement. The GRANTEE shall not be entitled io payment from grant funds for any designated derelict vessel for which the removal and disposal of same was acoomplished prior to the award of the .grant or subsequent to the close of the grant period established by the COMMISSION. The GRANTEE shall maintain insurance coverage, either through a self-insurance program or purchase of coverage from an authorized insurer, to protect the GRANTEE from any and all claims, including pollutant spillage and'death, which may arise from operations under this Agreement. The GRANTEE'S insurance shall, at a minimum be sufficient to pay a claim or a judgement, or portions thereof, of $200,000 per incidence or occurrence. The GRANTEE shall require any subcontractor to earr~ insurance coverage as necessary to protect the subcontractor and GRANTEE from any and all claims arising out of the subcontractor's participation in activities related to this program. Certificates of such insurance shall be subject to the approval of the COMMISSION for adequacy of protection and name the COMMISSION, the.Board of Trustees of the Internal Improvement Trust Fund and the State of Florida as additional insureds. All certificates of insurance shall contain a provision that the insurance will not be cancelled for any mason except after thirty(30) days written notice to the COMMISSIONYS project manager. To the exteat required by law, the GRANTEE will be self-insured against, or will secure and maintain during the life of'this Agreement, Workers' Compensation Insurance for all of his employees connected with the work of this project and, in case any work is subcontracted, the GRANTEE shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the GRANTEE. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under the Workers' Compensation statute, the GRANTEE shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the COMMISSION, for the protection of his employees not otherwise protected. The GRANTEE agrees to supply the COMMISSION with proof of insurance, the types and coverage outlined by the CON[MiSSION. The GRANTEE shall provide to the COMMISSION a true copy of the insurance herein required prior to the execution of the related agreement through the issuance of a purchase order or the execution ora formal contract. ' D¥#00-04 FWCC 00061 Page 2 of 10 The GRANTEE shall make a reasonable effort to recover from the derelict vessel owners all grant funded removal and disposal costs incurred pursuant to this Agreement. Any such recovered monies shall be reimbursed to the COlvlMISSION. An awarded Derelict Vessel Removal Grant shall be subject to lore-audi~ and Oost-audit review by the COMIvlISSION or its re0resenmtive. All records and documents of the GRANTEE pertaining to this Grant shall be maintained by the GRANTEE for a minimum of three fiscal years following the end of the fiscal year in which final grant payment is made by · the COMMISSION to the GRANTEE, Said records and docUments shall be made available . to the COMMISSION or its representative upon request. This period shall be extended for an additional two (2) years upon request for examination of all records and accounts for payment verification purposes by the COMMISSION or its duly authorized agent, In the event any work is subcontracted, the GRANTEE shall similarly require each subGRANTEE to maintain and allow a~¢ess to such records for audit purposes. Removal~Disposition and Change Order~ of Dereli~ Vessels a. The derelict vessels listed in the GRANTEE's "Derelict Vessel Listing", Attachment A, which is made part of this Agreement, shall be removed and disposed of by the GRANTEE to the extent grant reimbUrsement funds allow, unless during the time of removal a listed vessel is ne longer on site, in accordance with the provisions of this Agreement. The COMMISSION may at any time, by written order designated to be a..change order, make any change in the list of vessels to be removed under this Agreement. All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change order which causes an increase or decrease in the total amount of the grant or grant period shall require an appropriate adjustment and modification (formal amendment) to .this Agreement. It is the intention of the COMMISSION and the GRANTEE that no evidence of any waiver or modification or amendment shall be offered or received'in evidence in any proceeding or Litigation between the parties arising out of or affecting this Agreement unless such waiver, or modification or amendment is in writing and executed as aforesaid. The provisions of this section shall not be Waived without Compliance with said writing and execution requirements Payments a. The'COlvI~SSION shall pay, on a cost r~imbursement basis, to the GRANTEE, actual expenses incurred up to a total grant amount not to exceed $31,094.Zl under this Agreement. Payment requests and expenditure documentation shall be submitted in accordance with, and on the forms included in, the Grant and Contract Accountability Policy and in sufficient detail fora proper pre-audit and post-audit thereof.' However, reimbursement to the GRANTEE shall be net of salvage as referenced in Paragraph lb. Salvage recovery must be documented as required by the COMMISSION. Reimbursement under this Agreement does not include travel or any administrative costs. The COMMISSION's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Florida Legislature. The request for eompeusation shall consi~ of an invoice on the' GRANTEE's letterhead, clearly marked as invoice, make reference to FWC Grant No.00061, a verification letter from your district FWC office that the vessels(s) have been removed, and the form entitled "Disposition Certification for Derelict Vessels" completed and notarized. One invoice is allowed under this Agreement. The GRANTEE shall submit an original and three(3) copies of the final invoice to the COMMISSION no later than December 1, :2001' to assure the availability of funds for final payment. DV#00-04 FWCC 00061 Page 3 of 10 Only eligible Costs identified in the Grant and Contract Accountability Policy shall be allowable. All minor details necessary for proper completion of the work herein specific shall be accomplished by the GRANTEE without additional expense to the COMMISSION. Verification of compliance with the grant terms and conditions must be completed by the COMMISSION, and payment will be authorized within 30 days after receipt by the COMMISSION of the required "Disposition CertifiCation for Derelict Vessels", and a proper invoice with supporting schedules and documentation of allowable expenses incurred. The GRANTEE Understands that section 215.422, Florida Statutes establishes certain state agency responsibilities and grants certain vendor rights with respect to invoice processing time limits and dispute resolution. Upon receipt, an agency has five working days to inspect and approve the goods and services, unless the bid specifications, purchase order or contract specifies otherwise. An agency has 20 days to deliver a request for payment (voucher) to the' Department of Banking and Finance. The20 days are measured from the latter of the date the invoice is received or the date the goods or services are received, inspected and approved. The invoice payment requirements do not start until a properly completed invoice is provided to the agency. A Vendor Ombudsman has been established to act as an advocate.for vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 488-2924 or by calling the State Comptroller's H0tline, 1-800-848-3782. interest. In accordance with section 215.422, Florida 'Statutes, the COMMISSION shall pay the GRANTEE interest at a rate as established by section 55.03(.1), Florida Statutes on the unpaid balance, if a warrant in payment of an invoice is not issued within 40 days after receipt of a correct invoice and receipt, inspeetionand approval of the goods and services. Interest payments of less than $1 will not be enforced unless a GRANTEE requests payment. 'Period of Grant The grant period shall begin on the date of execution and end no later than November i7. 2001. The GRANTEE understands and agrees that the derelict vessel removal and disposal requirements of this Agreement must be satisfactorily completed on' or before November 174 2001. Monitoring The GRANTEE shall permit the COMMISSION, or its duly authorized representative, to monitor the removal and disposal of derelict vessels covered by this Agreement as deemed necessary by the COMMISSION. Liability Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees, contractors, and agents. However, nothing contained herein shall constitute a waiver.by either party of it~ sovereign immunity and the limitations set forth in Section 765.28, Florida Statutes. DV#00-04 FWCC 00061 Page 4 of 10 11. 12. Termination of Agreement a. This Agreement may be terminated by either party, for failure to perform by the non- terminating party, by giving thirty (30) calendar days written notice to the other party. Said notice shall be sufficient if delivered personally or by certified mail to the address contained herein. In case of termination, only amounts accrued to the date of cancellation shall be due ~d payable. The COMMISSION shall have the right to terminate this Agreement and demand refund of Program funds in the event of frand, willful misconduct, or any breach of terms and conditions of this Agreement. Failure to .comply with the provisions shall result in the COM!~SSION declaring the GRANTEE ineligible for further participation in the Program. Pursuant to Section 216.2815, Florida Statutes, all 'records in conjunction with this ' Agreement shall be public record and shall be treated in the same manner as other public records are under general law. This Agreement may be unilaterally canceled by the COMMISSION for refusal by the GRANTEE to allow Public access to all documents, papers, letters or other material subject to the provisions of Claapter 119, Florida Statutes, and made or received by the GRANTEE in conjunction with this Agreement. Non-Exclusive Basis As a conditiOn of this agreement, the GRANTEE and/its SubCONTRACTORS, if any, hereby covenants and agrees not to discriminate against any individuals's race, color, religion, sex, national origin, age, handicap, or marital stares with respect to any activity occurring pursuant to this Agreement. Prohibit Lobbying Expenditure In accordance with Section 216.347, Florida Statues, this Agreement strictly prohibits the expenditure of Derelict Vessel Removal Grant funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency. Federal/Florida Single Audit Acts Requirements Effective July 1, 2000, the Florida Single Audit Act requires all non-State organizations who are recipients of State financial assistance to comply with the audit requirements of the Act, pursuant to Section 216.3491, Florida Statutes. In addition, recipients and subrecipients of federal financial assistance must comply with the Federal Single Audit Act requirements of OMB Circular A- 133. Therefore, the GRANTEE shall be required to comply with the audit requirements outlined in At~chment B, titled "Requirements of the Federal and Florida Single Audit Acts," attached hereto and made a part of the Agreement, as applicable. COMMISSION Management of Agreement The COMMISSION'S Project Manager is Boating SafeW Coordinator, Division of Law Enforcement, Office of Planning and Policy, Phone 850-488-5600. The GRANTEE'S Project Manager is Coordinator, Phone(850)784-6171. All matters shall be directed to the Project Managers for appropriate action or disposition. DV#00-04 FWCC 00061 Page 5 of 10 13. 14. 15. 16. 17. Correspondence Mailing Addresses Any and all notices shall be delivered to the pax'des at the following addresses: GRANTEE City of Sebastian Engineer 1225 Main Street Sebastian, Florida 32858 COMMISSION Florida Fish and Wildlife Conservation Commission Division of Law Enforcement 620 South Meridian Street Tallahassee, Florida 32399-1600 Public EntiW Crime Vendors ' A person or .affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not perform work as a grantee, contractor, supplier, subcontractor, or consultant under an agreement with any public entity, and may not transact business with any public entity in excess of the threshold amount under Category Two provided in Section 287.01.7, Florida Statutes, for a period of 36 months from the date of being placed on the convicted vendor list. Prohibition of Discriminatory Vendors In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract.with a public entity for the construction or repair cfa public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any publi.c entity. Conflict of interest The GKANTEE covenants that it presently has no interest,and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. Jury Trial Waiver As consideration of this Agreement, the parties hereby waive trial by jury in any action or proceeding brought by any party against any other party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement.. Laws of Florida, Severability, and Venue This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the .extent of such prohibition or invalidity, without invalidating the remainder of such provision or the DV#00-04 FWCC 00061 Page 6 of 10 remaining provisions of this Agreement. The parties agree that Leon County, Florida, shall be the venue for all actions, at law or in equity, arising herefi'om, to the exclusion of all other lawful venues. 19. Waiver No delay or failure to exercise any right, power or remedy accruing to either party upon breach or de£ault by either party under this Agreement, shall impair any such right, POWer, or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. 20. Taxes. The GRANTEE recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on the services or goods purchased under the terms of this Agreement. 21. Rights of Third Parties This Agreement is neither intended nor shall it be construed to grant any rights, privileges or interest in any third party without the mutual written agreement of the parties hereto. 22. Assignment This Agreement is an exclusive agreement for services and may not be assigned in whole or in part without the written approval of the COMMISSION. 23.' Subcontracting -The GKAN~E agrees to be responsible for the fulfillment of all'work elements included in any subcontract consented to by the COMMISSION and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the GRANTEE that the COlVllvlISSION shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the GKANTEE shall be solely liable te the subcontractor for all expenses and liabilities incurred under the subcontract. 24. P.R.I.D.E. It is expressly understood and agreed that .any articles which are the subject of, or required to carry out, this Agreement shall be purchased from the corporation identified under chapter 946, Florida Statutes, if available, in the same 'manner and under the same procedures set forth in Section 946.515(2), (4), Florida Statutes; and for the purposes of this Agreement the person, finn or other business entity carrying out the provisions of this Agreement shall be deemed to be substituted for this agency insofar as dealings with such corporation are Concerned. This "corporation identified' is PRISON REHABILITATIVE INDUSTRIES AND DIVERSIFIED ENTERPRISES, INC. (P.R.I.D.E) which may be contacted at: P.R.I.D.E. 12425 28m Street North St. Petersburg, Florida 33716 Telephone: (.727) 572-1987 25. Prohibition against Contingent Fees The GRANTEE wan-ants that it has not employed or retained any company or person, other than a bona fide employee working solely for the GRANTEE to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, DV#00-04 FWCC 00061 Page 7 of 10 individual, or firm, other th~ a bona fide employee working solely for the GRANTEE any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of this Agreement. .. 26. Complete Agreement , This Agreement contains the complete Agreement between the COMMISSION and the GRANTEE and, as of the effective date hereof, Shall supersede all other agreements, communieatioas or representations, either verbal or written, between the COMMISSION and the GRANTEE. The COIVIMISSION and the GRANTEE stipulate that neither of theTM has made any representations except such representations as are specifically contained within this Agreement. The COMMISSION and the GRANTEE further acknowledge that any payments or representations that may have been made outside of those specifically contained herein are of no binding effect and have not been relied upon by either party in its dealings with the other in entering into this Agreement · THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK DV#00-09 FWCC 00066 Page 8 of 10 N WITNESS WHE1LEOF, the parties have caused this Agreement to be duly executed, the day and year first above written. CITY OF SEBASTIAN FLORIDA FISH AND WILDLIFE CONSERVATION COMM~SSION Chairman or designee* Director, Division of Law Enforcement Name(Print) Title FWCC Program Grants Manager County Name Address Approved as to form and legality: FWCC Assistant General Couasel City, State and Zip Code Federal Employment Identification Number 59-6000427 Remittance Address: Address City, State and Zip Code *If someone other than the Chairman signs the Agreement, a resolution, statement or other document authorizing the person to sign the Agreement on behalf of the couaty must accompany the Agreement. DV#00-09 FWCC.00066 Page 9 of 10 List of attachments/erda/bits included as part of this Agreement: Type Attachment A: Attachment B: Description Derelict Vessel Listing Requirements of the State and Federal Single Audit Acts DV#00-09 FWCC 00066 Page 10 of 10 DERELICT VESSELS To BE,REMOVED L~TED I1N ORDER OF PRIORITY Photocopy.tkis page. if'additional form~ am needed, Mark througk rows not used on tbi~ form, 1433 1448 1431 1447 1510 1449 1450 1451 1452 1453 1454 1455 1511 1'432 1434 FWc D'V# Emirnated Leagth of.' 47' 37' 31' 29' 5' 40' 32" 30' 16' 18' 18' 20' 20' 20' Projected co~t of Vessel Removal and Disposal (wh~re possible use bid ~ e~imate) '$18,ooo $ 5,000 $ 3,000 $ 2,000 $ 500 $ 5,000 $ .5~000 $ 3,500. $ 1,600 $ 1,800 ~ 1,8oo $ 2,000 $ 1', 800 ~ 2.,ooo $ 2,.000 'Designated Disposa/ Site (specify artificial.reef or' l~dfilI location) I .'R · C. Lan~fi~ ~ ii Grant Award Agreement ~ 0 DO& [ (to be assigned b7 PWCC Stuff) A'I-I'ACHMENT B REQUIREMENTS QF THE STATE AND FEDERAL SINGLE AUDIT ACTS The administration of funds awarded by the Commission to the Contractor/Grantee may be subject to audits and/or monitoring by the Co'remission as described in this section. MONITORING In addition to reviews of audits conducted in accordance With oMB CircularA-133, as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Commission staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this agreement, the recipient agrees, to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Commission. In the event the Commission determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Commission to the recipient regarding such audit. The recipient further agrees to Comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Comptroller or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. · In the event that the recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this agreement indicates Federal funds awarded through the Commission by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal funds received from the Commission. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A- l 33, as revised, will meet the requirements of this part. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A- l 33,. as revised. If the recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions bf OMB Circular A-133, as revised, is not required. Inthe event that the recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, .the cost of the audit must be paid from non-Federal funds (i.e., the cost of such an audit must be paid from recipient funds obtained from other than Federal entities). PARTII:STATEFUNDED This part is applicable if the recipient is a r~onstate entity as defined by Section 2,16.3491(2)(I), Florida Statutes. In the event that the recipient expends a total amount of State awards (i.e., State financial assistance provided to the recipient to carry out a State project) equal to or in excess of $300,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 216.3491, Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller, and Chapter 10.600, Rules of the Auditor General, EXHIBIT 1 to this agreement indicates State funds awarded through the Commission by this agreement. In determining the 'State awards expended in its fiscal year, the recipient shall consider all sources of State awards, including State funds received from the Commission except that State awards received by a nonstate entity for Federal program matching requirements shall be excluded from consideration. in. connection with the audit requirements addressed in Part II, paragraph 1, the'recipient ~hall ensure that the audit complies with the requirements of Section 216.3491 (7), Florida Statutes. This includes submission of a reporting package as defined by Section 216.3491 (2)(d), Florida Statutes, and Chapter 10.600, Rules of the Auditor General. If the.recipient expends less than $300,000 in State awards in its fiscal ~,ear, an audit conducted in accordance with the provisions of Section' 216.3491, Florida Statutes, is not required. In the event that the recipient expends less than $300,000 in State awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 216.3491, Florida Statutes, the cost of the audit must be paid from non.State funds (i.e., the cost of such an audit must be paid from recipient funds obtained from other than State entities). PART II1: OTHER AUDIT REQUIREMENTS None PART IV: REPORT SUBMISSION Copies of audit reports for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART i.of this agreement shall be submitted, when required by Section .320 (d), OMB Circul'ar A-133, as revised, by or on behalf of the recipient directly to each of the following: The Commission at each of the following addresses; FWCC Program Grants Manager Division of Law Enforcement 620 S. Meridian Street Tallahassee, Florida 32399-1600 Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 138 620 S. Meridian St. Tallahassee, FL 32399-1600 The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonvllle, IN 47132 ' Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. Pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any 4 management letters issued by the auditor, to the Commission at each of the following addresses: A. The Commission at each of the following addresses: F'WCC Program Grants Manager Division of Law Enforcement 620 S. Meridian Street Tallahassee, Florida 32399-1600 Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 138 620 S. Meridian Street Tallahassee, Florida 32399-1600 Copies of reporting packages required by pART II of this agreement shall be submitted by or on behalf of the recipient d~to each of the following: The Commission at each of the folloWing addresses: FWCC Program Grants Manager Division of Law Enforcement 620 S. Meridian Street Tallahassee, Florida 32399-1600 Audit Director Florida Fish and Wildlife Conservation Commission Bryant Building, Room 138 620 S. Meridian Street Tallahassee, Florida 32399-1600 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302-1450 Copies of reports or management letters required by PART III of this agreement shall be submitted by or on behalf of the recipient directly to: ^. The Commission at each Of the following addresses: FWCC Program Gran. ts Manager Division of Law Enforcement 620 S. Meridian Street Tallahassee, Florida 32399-1600 Any reports, management letters, or other information required to be submitted to the Commission pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapter 10.600, Rules of the Auditor General, as applicable. Recipients, when submitting audit reports to the Commission for audits done in accordance with OMB Circular A-133, Florida Statutes, and Chapter 10.(~00, Rules of the Auditor General, should /Y'~'X indicate the date that the audit report was delivered to the recipient in correspondence accompanying the audit report. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of three years from the date the audit report is issued, and shall allow the Commission or its designee, access to such records upon request. The recipient shall ensure that audit working papers are made available to the Commission or its designee, upon request for a period of three years from the date the audit report is issued, unless extended in writing by the Commission. E~'I~I~ - 1 THE FOLLOWING: None COMPIJ. ANCE REQUHLEMENT,q API~LICABLE TO THE FEDERALFUNDSAWA.R.OED PURSUANT TO ~ AGREEMENT ARE AS FOLLOWS: None STATE FUNDS AWARDED TO ~ RECIPH~NT PURSUANT TO THIS AGREEMEN~ CONSIST OF THE FOLLOWING: MATCHING FUNDS FOR FEDERAL PROGRAMS: None SUIM'ECT TO SECTION 216.3491, I~LOI~[DA STATURES: Agency: State Program Title: CSFA'Numb~. GKAN~B: Amount: FISH AND WILDLIFE CONSEKVATION COMMISSION Derelict Vessel Kemoval Grant Pro,ram 77.005 City of Sebastian $31,094,21 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE FUNDS AWARDED PURSUANT TO THIS AGREEIVJ~NT ARE AS FOLLOWS: City. of Sebastian, Florida Subject: Authorize purchase of"Taurus", and "Cavalier". A~~.~r Submittal by: Purchash~ontracting Finance Director: Date Submitted: September 11, 2000 For Asenda of.' September 27, 2000 Exhibits: None EXPENDITURE REQUIRED: Taurus= $16,016.73 Cavalier = $11,883.00 AMOUNT BUDGETED: Taurus $16,200.00 Cavalier $16,200.00 APPROPRIATION KEQ~: SUMMARY The Ford Taurus is for use by the City Manager, & the Chevrolet Cavalier is for use by the Growth Management Director. Both vehicles are included in the proposed FY 2000-2001 budget, & the purchase would be contingent upon City CounCil approval of said budget. These two new vehicles have been located .under Florida State Contract, and in order to insure an early October, 2000 delivery, prior approval is sought, which would be contingent on approval of the proposed FY 2000-2001 budget. RECOMMENDED ACTION Move to authorize purchase of the Ford Taurus, and Chevrolet Cavalier on October 2, 2000, contingent upon approval of the ~ 2000-2001 budget as proposed. City of Sebastian, Florida Subj eot: Authorize the City Manager to execute an Agreement between the City of Sebastian and Florida League of Cities for Worker's Comp Insurance and Coregis Insurmce Division for Property, Casualty and Liability Coverage. Exhibits: Departmem Origin: Finance~--" Date Submitted: September 21, 2000 For Agenda of: September 27, 2000 Under Separate Cover, Gehrlng Group Property, Casualty & Liability Proposal Analysis Under Separate Cover, Gehring Group Worker's Compensation Proposal Analysis EXPEND/TUR.E AMOUNT BUDGETED: APPROPRIATION REQt/IP,.ED: N/A N/A REQUIRED: N/A SUM!MARY On October 1, 1998, the City of Sebastian entered into a two year rate guarantee contract for Property, Casualty & Liability as well as, Worker's Compensation Insurance with the Florida League of Cities. The policies terminate on September 30, 2000. Pursuant to good policy, the City engaged the Getting Group as Agent of Record, similar to the Health Insurance process last year in September, 1999, to facilitate a Request for Proposal for General Liability and, separately, for Worker's Compensation Insurance. The results of their analyses and recommendations accompany this agenda item under separate cover. We have analyzed our past insurance and Risk Management policies and procedures to insure that our insurance coverage is .the best available. The Coregis quote is substantially lower in premium with a large number of enhancements not provided by the League, therefore, we are recommending the Florida Cities Program offered by Coregis Insurance. We believe this will provide the best possible Property, Casualty & Liabihty coverage to the City in the event of catastrophic losses. For Worker's Compensation Insurance, even though the Preferred Governmental Insurance Trust (PGIT) quote is lower (by $720), we feel that our working relationship with the Florida League is such that it would not be cost effective to change now and recommend staying with the League for one more year, however, we will be reviewing and analyzing the costs of doing business periodically over the next year in preparation of re-quoting the two coverages in August, 2001. In addition, PGIT has been in business for one year only. We believe there is insufficient track record to justify changing the policy now, however, that may change in 2001. RECOMMENDED ACTION Move to authorize the City Manager to executi~e Year Agreements between The City of Sebastian and Coregis Insurance for Property, Casualty & Liability Insurance and the Florida League of Cities for Worker's Compensation Insurance effective~October\~l~ 1, 2000. ~ City of Sebastian, Florida Tt-I : CffY ATTO ' AGENDA TRANSMITTAL Agenda No. 0~0· ~/7 Subject: 0-00-23; Rights-of-way Abandonment; Caprona St., Cherry Ct., Archer St. & Girard Ave. Date Submitted: 9/21/00 For Agenda of.' EXPENDITURE REQUIKED: $0 AMOUNT BUDGETED: $0 APPROPRIATION KEOUIRED: $0 9/27/00 SUMMARY: Two public projects are in the works for the area located between Schumann Drive and Thunderbird Drive -- the water park being developed in conjunction with the St. John' s River Water Management District and the Habitat Conservation Plan for the Sebastian Area Scmbjay Incidental Take Permit. The two entities developing these projects have requested that the rights- of-way for platted but unopened roads within the boundaries of these projects be abandoned. Pursuant to City Code 2-93, this must be accomplished by ordinance. This process was held up while more information was requested. For this reason it is requested that an expedited hearing schedule be approved. RECOMMENDED ACTION: At the discretion of Council, pass Ordinance 0-00-23 at first reading and schedule public hearing for October 11, 2000. ORDINANCE NO. 0-00-23 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLOR.IDA, ABANDONING PORTION OF RiGHTS-OF-WAY WITHIN SEBASTIAN HIGHLANDS UNIT 17 FOR CAPRONA STREET, CItERRY COURT, ARCl~R STREET AND GIRARD AVENUE; I'ROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFEC~ DATE. WI:~REAS, Indian River County and Adams & Associates Developers, requested that certain unopened rights-of-way in the area between Schumarm Thunderbird Drive be abandoned; and Inc., have Drive and WHEREAS, said fights-of-way are encompassed' within the proposed St. John's River Water Management District water park and the Sebastian Area Scmbjay HCP; and WHEREAS, the City Council finds that the rights-of-way within these areas are no longer needed for that public purpose; NOW TI:W~REFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORJDA, as follows: Section 1. RIGHT-OF-WAY ABANDONED. The City hereby abandons and releases its interest in those portions of the platted rights-of-way for Caprona Street, Cherry Court, Archer Street and C_firard Avenue as more particularly described in the attached Exhibit "A", as further illustrated by the map contained in said Exhibit. Section 2. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Seetioa :~. 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 provisions. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 4. ]gFI~CTIVE DATE. This Ordinance shall become effective upon final passage. The foregoing Ordinance was moved for adoption by Councilmember motion was seconded by Councilmember the vote was as follows: Mayor Walter Barnes Vice-Mayor Ben A~ Bishop Councilmember Joe Barczyk Cotmcilmember James Hill Cotmcilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Ordinance duly passed and adopted this October, 2000. The and, upon being put to a vote, day of CITY OF SEBASTIAN, FLORIDA ATTEST: Kathryn M. Ol-Ialloran, MMC City Clerk By: Mayor Walter Barnes Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney Abandonment of Streets Caprona St. fi'om Thunderbird Drive north to the south line of C.C. UNIT ONE LOT 2 Cherry Court, from Thunderbird Drive .north to the south line of C.C. UNIT ONE. LOT 2 And west from Archer St. to the east line of C.C. UNIT ONT LOT 2 Archer Court from Thunderbird north to. Girard Ave. Girard Ave. from Schumann Drive west to the east line of C.C. UNIT ONE LOT 2 The property is either part of the H.C.P. or is under contract for the St Johns Storm water Park. The roads are only paper roads and have never been built. Exhibit "A" ! I I I' I i I I I I I I I I I I I SOUTH EASY STREET _ . 15 ,o ,o,,, .,...,.j' ,~. DRIVE City of Sebastian, Florida Subject: City Ma_ua~&r.~Performance Department Origin: City Manager Date Submitted: 09/20/00 For Agenda off 09/9.7/00 Exhibits: Memo Dated September 21, 9.000 to Honorable Mayor and City Council Members from Richard Samolewicz EXPEND1TIYRE AMOUNT BUDGETED: APPROPRIATION REQUIRED: REQUIRED: ' SUMMARY As a result of the performance evaluations received from the City Councilmembers for City Manager, Terrence R. Moore, staff reports that the overall performance rating is above satisfactory. City of Sebastian 1225 MAIN STREET - SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 388-8240 - FAX (,561) 581-0149 DATE: September 21,2000 TO: THROUGH: FROM: Honorable Mayor and City Council Members Director of Human Resources SUBJECT: tit7 Man~er Performance Evaluations The Department of Human Resources has received all five (5) annual performance evaluations with regard to Terrence Moore, City Manager. Reviews of .Mr. Moore's evaluations show his overall rating is above satisfactory. Therefore, it is recommended that this item be placed on the Wednesday, September 27, 2000 City Council agenda for follow-up discussion. As always, all. recommendations for salary increases would be retroactive to the anniversary date of the employee (July 6, 2000). The Department of Human Resources will wait for further direction from you with regard to this matter. I I I i I I I I Should you have any questions with reference to the above please do not hesitate to call the City Manager at 388-8200 or the Department of Human Resources at 388-8240. I I CC: Terrence Moore, City Manager I i