HomeMy WebLinkAbout09131995I
City of Sebastian
I 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, SEPTEMBER 13, 1995
7:00 P.M. OR SOON THEREAFTER
(FOLLOWING 6:30 P.M. BOARD OF ADJUSTMENT)
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA iTEMS MAYBE INSPECTED IN THE OFFICE OF THE CITY
CLERK ~ 1225 MAIN STREET, SEBASTIAN, FLORIDA
Individuals shall address the City Council with respect to agenda items immediately
prior to deliberation of the item by the City Council if they have signed the sign-up
sheet pro vided prior to th e meeting - limit of ten minutes per speaker (R-95-33)
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
INVOCATION - Reverend R. Harold Lee, First Baptist Church, Sebastian
4. ROLL CALL
AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
Items not on the written agenda may be added only upon unanimous
consent of the Council members present (R-95-33)
6. PROCLAMATIONS AND/OR ANNOUNCEMENTS
7. QUASI-JUDICIAL HEARING
Procedures for Quasi-Judicial Hearings as Follows (In accordance with R-95-39):
· Mayor Opens Hearing-Outlines Rules
· Clerk Administers Oath
° Disclosure of Ex-Parte Communication
· StaffPresentation
· Applicant Presentation - 15 Minutes
° Inquiry of Applicant
° Proponents' Testimony - 3 Minutes or 10 Minutes if Representing 5 or
More
° inquiry of Proponents
· Opponents' Presentation - Affected Opponents 15 Minutes - Other 3
Minutes or 10 Minutes if Representing 5 or More
· inquiry of Opponents
° Informational Testimony - 3 Minutes or 10 Minutes if Representing 5 or
More
° Closing of Public Informational Period
° StaffResponse and Summary - 10 Minutes
· Applicant's Rebuttal Presentation - 10 Minutes
· Board and Stafflnquiry
95.138
PGS 1-12
Skydive Sebastian - Special Use Permit - Camping Facilities
(Director of Community Development Transmittal 8/1/95,
Application [Site Plan Previously Distributed in 8/9/95 Packet],
Mosby Letter 6/21/95, Petty Memo 7/3/95, Van Antwerp
Memo 7/5/95, P & Z Memo 7/7/95, HRS Letter 7/21/95)
8. PUBLIC HEARING. FINAL ACTION
The normal order of business for public hearings (R-95-33) is as follows:
Mayor Opens Hearing
Attorney Reads Ordinance or Resolution
Staff Presentation
Public Input
Staff Summation
Mayor Closes Hearing
Council Action
Please note: Anyone wishing to speak is asked to go to the podium and
state his/her name and address for the record prior to addressing City
Council.
95.O29
PGS 13-15
ORDINANCE NO_D~95-23 - Amending Parking Ordinance No.
O-95-03 Re: Prohibiting Parking in Handicapped Spaces (O~95-23)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, FLORIDA, AMENDING THE CODE OF ORDINANCES,
PROHIBITING PARKING IN DESIGNATED HANDICAPPED SPACES,
PROVIDING FOR SEVERABILITY, PROVIDING FOR CONFLICTS,
AND PROVIDING FOR AN EFFECTIVE DATE. (lst Reading 8/23/95,
Advertised Legal Notices 8/30/95)
CONSENT AGENDA
All items on the consent agenda are considered to be routine and will be
enacted by one motion. There will be no separate discussion of consent
agenda items unless a member of City Council so requests; in which event,
the item will be removed and acted upon separately.
PGS 17-34 A.
95.041/
94.096
PGS 35-44
Approval of Minutes - 8/23/95 Regular Meeting, 8/30/95 Business
Workshop
Bo
RESOLUTION NO. R-95-52 - FDOT Joint Participation
Supplemental Agreement - increase Airport Grant Amount (City
Manager Transmittal 9/5/95, R-95-52, Supplemental
Agreement, FDOT Letter 8/18/95)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING RESOLUTION NO. R-94-32;
AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK
TO ATTEST A SUPPLEMENTAL JOINT PARTICIPATION
AGREEMENT (GRANT) WITH THE STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION FOR ENGINEERING FOR
LIGHTING AND OVERLAY OF RUNWAY 4-22; INCREASING THE
GRANT AMOUNT TO $55,440.00; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
95.102
PGS 45-52
95.115
PGS 53-56
95.149
PGS 57-68
RESOLUTION NQ. R-95.-.53 - lnterlocal Agreement - Scrub
Acquisition (Director of Community Development Transmittal
9/5/95, R-95-53, Agreement)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE
AND THE CITY CLERK TO ATTEST AN INTERLOCAL AGREEMENT
FOR THE SEBASTIAN HIGHLANDS SCRUB PROJECT; PROVIDING
FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
RESOLUTION NO. R-95-54 - Extend Temporary Use Permit
Deadline (Director of Community Development Transmittal 9/5/95,
R-95-54, R-95-36)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, EXTENDING THE EFFECTIVE DATE OF THE
TEMPORARY USE PERMIT POLICY AS ESTABLISHED IN
RESOLUTION NO. R-95-36; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
RESOLUTION NO. R-95-45. - Vacation of Easement - Lots 12 &
13, Block 157, Unit 5, Sebastian Highlands - Black (City Clerk
Transmittal 9/6/95, R-95-45, Application, Survey, Letters of No
Objection)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING, ABOLISHING, ABANDONING
AND DISCONTINUING THE WEST FIVE FEET OF LOT 12, AND THE
EAST FIVE FEET OF LOT 13, BLOCK 157, SEBASTIAN HIGHLANDS
UNIT 5, ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI
5-102, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
RECORDING; AND PROVIDING AN EFFECTIVE DATE.
4
95.150 F.
PGS 69-78
95.151/ G.
94.007
PGS 79-136
95.152 H.
PGS 137-160
95.153 I.
PGS 161-163
95.154 J.
PGS 165-166
95.155 K.
PGS 167-168
10.
11.
Authorize Mayor and City Clerk to Execute Engagement Letter -
Hoyman, Dobson & Co., P.A. - 1994/95 Fiscal Year Audit -
$40,395.00 (City Manager Transmittal 9/5/95, Engagement Letter)
Bid and Contract Award - U.S. 1 Median Strip Landscaping Project -
Namreland Landscaping of Vero Beach, FL - $55,548.45 (Public
Works Director Transmittal 9/5/95, Bid Tabulation, Bid and
Contract Documents, Public Works Director Memo 8/16/95,
Director of Community Development Memo 8/28/95)
Approve Contract with Florida Department of Environmental
Protection ~ Florida Recreation Development Assistant Program
Grant - Upgrade Schumann Tennis Courts (Director of Community
Development Transmittal 9/5/95, DEP Letter 8/14/95, Contract,
Williams Letter 8/31/95)
Pelican Island Preservation Society - Request Use of Riverview Park
- 93rd Anniversary Celebration of Pelican Island National Wildlife
Refuge - 3/10/96 - 9 am to 4 pm - Electricity Use and Standard
Conditions (Director of Community Development Transmittal
8/22/95, Davies Letter 8/8/95)
Michelle McGarry - Request Use of Community Center - 1/20/96 - 5
p.m. to 10 p.m. - ,adB - Security and Rental Paid - DOB 1/20/73
(City Clerk Transmittal 9/5/95, Application)
Judygayle Kuhns - Request Use of Community Center - 10/14/95 - 2
p.m. to 6 p.m. - A/B - Security - DOB 6/9/72 (City Clerk Transmittal
9/7/95, Application)
PRESENTATIONS - None
COMMITTEE REPORTSfRECOMMENDATIONS
OLD BUSINESS - None
12. NEW BUSINESS
95.156 A.
PGS 169-180
Consider Vacation of Easement - Lot 5, Block 445, Unit 17,
Sebastian Highlands - Simes (City Clerk Transmittal 9/6/95, Sec. 90-
129 Code of Ordinances, Craven Thompson Letter 7/19/95,
Application, Survey, Letters of No Objection, Proposed R-95-46)
Resolution No. K-95-46
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RiVER
COUNTY, FLORiDA, VACATING, ABOLISHING, ABANDONING
AND DISCONTINUING THE EAST FIVE FEET OF THE WEST
TWENTY FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT OF
LOT 5, BLOCK 445, SEBASTIAN HIGHLANDS UNIT 17,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 8-46,
PUBLIC RECORDS OF INDIAN RiVER COUNTY, FLORiDA;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
RECORDING; AND PROVIDING AN EFFECTIVE DATE.
95.157 B.
PGS 181-187
Request to Require Action from Owner of 320 Tangelo Street Re:
Condition of Mobile Home (Director of Community Development
Transmittal 8/22/95, Inspection Report, DCD Memo 8/11/95, Sec.
26-34 Code)
95.115 C.
PGS 189-200
ORDINANCE NO, 0-95-2 ~ - Temporary Use Permit (Director of
Community Development Transmittal 9/5/95, 0-95-21, R-95-36)
1st Reading, Set Public I-[earings for 9/27/95 and 10/11/95
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, FLORIDA, AMENDING THE LAND DEVELOPMENT
CODE TO PROVIDE FOP, TEMPORARY USE PERMITS; PROVIDING
DEFINITIONS; ESTABLISHING CRiTERIA FOR ISSUANCE OF
TEMPORARY USE PERMITS; ESTABLISHING APPLICATION
PROCEDURES; PROVIDING FOP, SEVERABILITY; PROVIDING FOR
CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING
FOR AN EFFECTIVE DATE.
95.158 D.
PGS 201-205
13.
14.
15.
16.
ORDINANCE NO. 0-95-24 - Changing Permitted Use in CG
Zoning - Temporary Use Permits (Director of Community
Development Transmittal 9/5/95, O~95-24, Commercial Amusement
Definitions)
1st Reading, Set Public Hearings for 9/27/95 and 10/11/95
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, FLORIDA, AMENDiNG CHAPTER 20A, SECTION 20A-
3.10.B OF THE CITY OF SEBASTIAN LAND DEVELOPMENT CODE
OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN,
FLORIDA, TO PERMIT COMMERCIAL AMUSEMENTS
(TEMPORARY) IN THE GENERAL COMMERCIAL (CG) ZONING
DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING
FOR AN EFFECTIVE DATE.
ENTRODUCTION OF NE~_BUSINESS FROM THE PUBLIC
Which is not other~vise on the agenda - limit often minutes for each speaker
CITY COUNCIL MATTERS
A. Vice Mayor Carolyn Corum
B. Mrs. Louise CatXwright
C. Mrs. Norma Damp
D. Mr. Raymond Halloran
E. Mayor Arthur Firtion
CITY ATTORNEY MATTERS
CITY MANAGER MATTERS
17. ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISIONMADE 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 COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO
NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S
ADA COORDINATOR AT .589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING.
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: SPECIAL USE PERMIT FOR
SKYDIVE SEBASTIAN
Approval for Submittal By:
City Manager
) Agenda Number:
)
) Dept. Origin: Community Development/~
)
) Date Submitted: 8/1/95
)
) For Agenda Of: ~,'~
) q1,%i9
) Exhibits:
)
) 1. Application and Site Plan for
) Special Use Permit
) 2. Letter dated' 6/21/95 from
) Randy Mosby
) 3. Memo dated 7/3/95 from
) Chief Petty
) 4. Memo dated 7/5/95. from
) John VanAntwerp
) 5. Memo dated 7/7/95 from
) Planning and Zoning Commission
) 6. Letter dated 7/21/95 from HRS
EXPENDITURE
AMOUNT
APPROPRIATION
REQUIRED:
BUDGETED:
REQUIRED:
SUMMARY STATEMENT
The City of Sebastian has received an application for a special use
permit to allow Skydive Sebastian to provide overnight camping as an
accessory use to their existing skydive operations. Since camping or
campgrounds are not mentioned specifically within our Land Development
Code, this use would be within Section 20A-2.6 regarding special use
permits.
Section 20A-2.6.B states "Required findings of fact. The city council
shall not grant any special use permit under this section unless it
shall make findings based upon the evidence presented that:
1. The granting of the special use permit will not be detrimental to
the public safety, health or welfare or be injurious to other
properties or improvements within the immediate vicinity in which
the property is located; and ~
Cover Agenda Sheet
Special Use Permit - Skydive Sebastian
Page Two
2. The use requested is consistent with the purpose and intent of the
respective district, and can be demonstrated to be similar in
nature and compatible with the uses allowed in such district.
At its regular meeting of July 6, 1995, the Planning and Zoning
Commission held a public hearing regarding this special use permit. The
site plan depicts 10 RV parking spaces within the overflow parking area
along with an adjacent 20' X 30' area for tents. The applicant also
proposes to provide electrical hook-ups but no pump-out facilities. The
Planing and Zoning Commission recommended to the City Council to approve
the special use permit subject to the following conditions:
Security personnel be provided 24 hours any time a camper is using
the facility.
Lighting to be provided for the camp area and must be approved by
FAA.
Signs be posted indicating the camping area rules, wording to be
approved by the Airport Manager.
Maintain a public telephone at all times.
Limit the camping area as depicted on site plan dated 12/9/94,
revised 6/5/95, Sheet C-i, Job #94-562 from Mosby & Associates,
Inc.
Provide a pass for every camper to be displayed on their windshield
or on the tent, with proper identification shown prior to the
issuance of the pass. No fee for passes. All passes must be
issued to an approved skydiver.
HRS must approve any bathroom facility whether existing or new.
The bathroom must be opened 24 hours.
The motion was also amended to suggest that Chief Petty's memorandum
dated 7/3/95 should be followed. The above mentioned conditions meet
all the requirements of his memorandum except for restriction of access
from the general public to this area. Chief Petty suggests a driveway
gate at the entrance to the campground and a fencing or vegetation
barrier around three sides of the area.
RECOMMENDED ACTION
Hold public hearing and determine appropriate action with findings of
fact.
comprehensive plan o~ othe~ applieab~e
Th~ CI~y Counct~ ~ha1L no~ 9ranb any ~peclaL use pecm/b undec
public ;aE~y~ healel~ sc ~elCa~e
vtciniEy In whLch el~e pcoperey i~ iocaee~ and
2) The use requested ts eon~fs~ent ~thl~ the purpose and
el~e uses allowed
The fee loc z~ opecial use pecm[~ Is $150 (eseabll=hed by
Re~oLutton Ne, R-88-09). In addih/on ~he apptfca~t mus~ pcovtde
o~ecs .t~b[n a 200' ~a(lius o~ ~l~e sub~e~ ~roperey along utah
the ap~ropclal:e C~[~l~[eO tetuzn
$2,29 ~oc U,S.
~na~ o~ ~p~zC~r: Skydive Sebastian, ync.
no,hiss oF a~CaNT~ 400 West Airport Drive
Sebastian,. ~lorida ~2958
a~btCnNT ~O,S ~: 407-388-5672
ADDRESS OF SUBJECT PRO~ERTY~ Same
Lr..0AL DESCRII~TION sir ~UBJ~CT pROPERTJ[: See Attached
AI
REASON FOR REQUEST FOR gP~IhJ[~ US~ ~ERMIT:
To allow
overnight camping.
FOR CERTAIN R~QU~$T9
Date
btspecu~e.app
WAIVER AND CONSENT
Sebastian, Indian River County, Florida, (the "Property"), h~reby
authorize e~h and every member of the
Board/Commis'~ion of the City of - Se~s%:ian~ (the
,,Board',/"Co~ission") to physically enter upon the property and __
view the Property in connection with my/our p~nding
(the ,,Proceeding").
I/We hereby waive any objection or defense I/we may have, due to
the quasi-Judicial nature of the proceeding, resulting from any
Board/Commission member entering or viewing the property, including
any claim or assertion that my/our procedural or substantive due
process rights under the Florida Constitution or the United Stat,s
Constitution were violated by such entering or viewing.
This Waiver and Consent is being signed by me/us voluntarily and
not as a result of any coercion applied, or promise~ made, by any
employee, agent, contractor or official of the City of Sebastian.
/!
Dated this ____~,__ day of . ,,
SWOR~ to and subscribed
My Commission Expires:
before me this ~ day of
I
MOSBY ANI3 A:...._~.. C A] ES, INC.
!
i June 20, 1995
Mr. Bruce Cooper
i City of Sebastian
1225 Main Street
Sebastian, Florida 32958
i Subject: Skydive Sebastian
Sebastian, Florida
EngJ. neer's P.N. 94-562
I Dear Mr. Cooper:
i In accordance with our special exception request to allow
overnight camping at the subject 'project site it is our intention
to limit the overnight stays to only skydives as an accessory use
I to the function of the drop zone. The length of stay will be
limited to two weeks. Security and health provisions will be
provided as required.
I Should you any questions 'regarding above subject, please
have
the
call.
icc: Mr. Andy Grimwade
2455 14TH AVENUE
P.O. BOX 6368
VERO BEACH. FLORIIDA 32961
407-569,0035
I ma'rsm ............. ~
M~MO~AND UM
DA~ : I~y 3,1995 ~
TO : Brace ~oper, Director of ~m~~ Development ~
FROM : ~le L. Pet~, Pofice C~e/ ~ ~
S~~: Sp~i~ Use Permit S~ve Sebas~, ~e~ght ~p~g .... ~
Upon renew of ~e site pl~ ~d e~s~g c~p~g ~ sever~ ques~ons ~d ~
concerns su~ace.
B~e of ~ose ques~ons ~e fofio~g r~ommend~ons ~e berg pro~s~. ~
1. Rested access to ~e gener~ p~fic. ~
a. D~vew~ g~e ~ ~e entr~ce lo ~e c~pgro~d.
b. Fenc~g or v~et~on b~er on 3 sides of ~e ~.
c. To pmt~ persons ~d pmpe~, ~m ~ access w~e ~ ~e ~
facifi~.
2. Provide s~u~ lighting ~ str~c loc~ions to pro, de s~e~ to ~
facifity users. ~
3. Post reg~ons wMch ~ comply ~ e~s5ng or~ce~
gover~ng such ~ngs as open fire reg~ations etc. ~
,
i
Date: July3, 1995
Subj: Skydive o£ ~Seb(:rsfian
Page: Two
Require positive identification on the primary subject for each ccgnp
space such as a copy of their photo drivers//cense, vehicle year,
vehicle make, color, and//cense, etc. to be kept on file with Skydive
Sebastian for a period o£ time.
Provide some type o£ staff security for' cdrpor~ property and parked
a/rcrafi.
6. Provide telephone for emergency use oI overnight ccrmpers.
-2-
I
City of Sebastian
1225 MAIN STREET a SEBASTIAN, FLORIDA 32958 aa
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
Memorandum
To:
CC:
FEom:
Date:
Subject:
PLANING AND ZONING COMMISSION
BRUCE COOPER
John Van Antwerp
luly 5, 1995
SPECIAL USE PERMIT
In regard to the Sky Dive Sebastian Reque. st fbr camping on tim Airport the
position of thc FAA is as follows;
Camping ~nay be permitted as an accessory use on aviation use property.
Camping may be permitted as a primary use on non aviation use property if the
tenant pays fair market wdue fbr tile use of the property.
The City may deny camping any ~vhere on tile airport without violating the
terms of the deed.
The final decision to approve or deny camping is fbr the City of Sebastian and
only thc City of Sebastian.
City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589~5330 n FAX (407) 589-5570
MEMORANDUM
DATE:
TO:
FROM:
REFERENCE:
July 7, 1995
Mayor, City Council
Dorri Bosworth, Secreta .~.
Planning and Zoning Com~ssion
Special-Use Permit - Skydive Sebastian
At its July 6, 1995 meeting, the Planning and Zoning Commission
held a public hearing regarding its recommendation to the City
Council concerning an application for a special use permit for
overnight camping in the overflow parking area at Skydive
Sebastian, 400 West Airport Drive.
After discussion with Mr. John VanAntwerp, hearing the applicant's
presentation, and listening to n~merous public input, Mr. Carl
Fischer made a motion that the Planning and Zoning Commission,
after reviewing Section 20A-2.6 of the Land Development Code,
recommends to City Council to approve the special use permit for
Skydive Sebastian with the following conditions:
Security personnel be provided 24 hrs anytime a camper is
using the facility.
b. FAA approved lighting be provided for the camping area.
Signs be posted indicating the camping area rules, wording to
be approved by the Airport Manager.
Maintain a public telephone at all times.
Limit the camping area as depicted on the site plan dated
December 1994, revised 6/5/95, Sheet C-l, Job #94-562 from
Mosby and Associates, Inc. ~
Mayor, City Council
Special Use Permit - Skydive Sebastian
Page Two
Provide a pass for every camper to be displayed on their
windshield or on the tent, with proper identification shown
prior to isssuance of pass. No fee for passes. All passes must
be issued to an approved skydiver.
HRS must approve any bathroom facilities whether existing or
new. A bathroom must be open 24 hours.
Also, any other suggestions from Chief Petty's memorandum dated
July 3, 1995, should be followed. Mr. Schulke seconded the motion.
A roll call was taken, and the Commission voted unanimously 7-0 for
approval.
I i~iL;'~l STATE OF FLORIDA
. DEPARTMENT OF H ~E.A, LTIq AND P, EHABILITATIVE SERVICES
I
HRS - INDIAN RIVER COUNTY PUBLIC HF__~TH UNIT
ENViRONMI:NITAL HEALTH -'~"'~ ._., ... ~,,,~_...~,.,. TELEPHONIE
.--:, · .
i Mr. Randy Mosby, P.E. .,,.~.;~ ~.~..,..,/
Mosby and Associates
',(/'~.~
2455 14th Aventle
i Veto Beach, FL 32960 'c:~!~'
RE:
Skydive of Sebastian
Sebastian Airport
(401) 77~6321
240-6321
778-6303
Dear Mr. Mosby:
This letter is to confirm our reaent office meeting regarding proposed operations at the
above referenced facility. The current owner wants to renovate the existing office to
include a li~nited use snack bar and shower facilities. Also a ten (10) space recreational
vehicle area is proposed. Relative to our discussion and review, the following items and
comments will need to be addressed:
I. Qpsite Sewage Disposal
Based upon mir calcnlations, the existing system will need to be increased in
design.and capacity. The addition of a 20 seat snack bar and shower fixtures (4)
will increase sewage flow by 800 gallons per day. The addition of a 900 gallon
septic tauk and 350 square feet ofdrainfield is required. The department was
informed that the food operation would be quite limited in that no cooking, fi'ying,
or processing would take place to generate grease or oily kitchen waste.
Therefore, the department will ~ require a grease trap at this time.
2. ~g Water_System
The existing water system will need to be reclassified as a "non-
commulfity" public water system approved and regulated by the Florida
Depamnent of Environmental Protection (DEP). The applicant shall apply
to that office through a professional engineer licensed in the State of
Florida for approval.
The engineer will need to provide well log data, water quality analysis 'and
treatment design to the DEIL
I_AWTON CIIIL, ES, GOVERNOR
HRS-Indian Rivet' County Public Health Unit
Randy Mosby, P. E.
Page two
The proposed RV spaces will need to be approved and annually licensed
as a Recreational Vehicle Park in accordance with DI-1RS regulations. An
application with approved City of Sebastian zoning site plan and $50.00
fee shall be subtnitted to the del~artment prior to licensing.
The departmet~t will require a revised site plan and floor plans depicting all proposed
renovation and changes. If you have auy questions, please feel free to contact me.
Sincerely,
Glenn R. Schuessler
Asst. Env. IIealth Director
cc: Mr. Bruce Cooper, City of Sebastian
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, FLORIDA, AMENDING THE CODE OF
ORDINANCES, PROHIBITING PARKING IN DESIGNATED
HANDICAPPED SPACES, PROVIDING FOR
SEVERABILITY, PROVIDING FOR CONFLICTS, AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian, Florida,
has enacted Ordinance No. 0-95-03, restricting parking in the City;
and
WHEREAS, the City Council of the City of Sebastian, Florida,
believes that it is in the best interests of the health, safety,
and general welfare of the community to amend said Ordinance to
prohibit parking in designated handicapped spaces.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, FLORIDA, THAT:
Section 1. Ordinance No. 0-95-03 of the Code of
Ordinances, City of Sebastian, Florida, is hereby amended by re-
designating paragraph 7 as paragraph 8 and by adding a new
paragraph 7 which shall read as follows:
7. No vehicle shall be parked in any parking space
designated with the international symbol of accessibility or the
caption "PARKING BY DISABLED PERMIT ONLY," or with both such symbol
or caption, unless such vehicle displays a parking permit or
license plate issued pursuant to Sections 316.1958, 320.084,
320.0842, 320.0843, 320.0845 or 320.0848, Florida Statutes, and
such vehicle is occupied by a person eligible for such license
plate or parking permit. However, any person who is chauffeuring
a disabled person shall be allowed, without need for an
identification parking permit or special license plate, momentary
parking in any such parking space for the purpose of loading or
unloading a disabled person. No penalty shall be imposed upon the
driver for such momentary parking.
Section 2. All other Ordinances or parts of Ordinances,
Resolutions or parts of Resolutions in conflict herewith are hereby
repealed to the extent of such Conflict.
Section 3. If any clause, section, or other part or
application of this Ordinance shall be held by any Court of
competent jurisdiction to be unconstitutional or invalid, such
unconstitutional or invalid part or application shall be considered
as eliminated, in no way affecting the validity of the remaining
portions or applications, which shall remain in full force and
effect.
Section 4. This Ordinance shall become effective thirty
(30) days after its passage and adoption.
PASSED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON
FIRST READING, THIS DAY OF , 1995.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THIS CITY OF SEBASTIAN,
FLORIDA, ON SECOND AND FINAL READING, THIS DAY OF
, 1995.
The foregoing Ordinance was moved for adoption by
Councilmember
by Councilmember
into a vote, the vote was as follows:
. The motion was seconded
and, upon being put
2
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corum
Councilmember Norma J. Damp
Councilmember Ray Halloran
Councilmember Louise R. Cartwright
The Mayor thereupon declared this Ordinance duly passed and
adopted this day of , 1995.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Arthur L. Firtion, Mayor
Kathryn M. O'Halloran, CMC/AAE
(Seal)
Approved as to Form and Content:
Clifton A. McClelland, Jr.
City Attorney
3
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 r-, FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, AUGUST 23, 1995
7:30 P.M
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY
CLERK- 1225 MAIN STREET, SEBASTIAN, FLORIDA
Individuals shall address the City Council with respect to agenda items immediately
prior to deliberation of the item by the City Council if they have signed the sign-up
sheet providedprior to the meeting - limit often minutes' per speaker (R-95-33)
Mayor Firtion called the Regular Meeting to order at 7:30 p.m.
The Pledge of Allegiance was recited.
No one was available for invocation.
_ROLL CALL
City. Council Present:
Mayor Arthur L. Firfion
Vice Mayor Carolyn Corum
Mrs. Louise Cartwright
Mrs. Norma Damp
Mr. Raymond Halloran
City Manager, Joel Koford
City Attorney, Clifton McClelland, Jr.
City Clerk, Kathryn O'Halloran
Director of Community Development,
Bruce Cooper
Deputy City Clerk, Sally Maio
Regular City Council Meeting
August 23, 1995
Page Two
AGENDA .MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
Items not on the written agenda may be added only upon unanimous
consent of the Council members present (R-95-33)
The City Manager requested that item 10A be postponed to a workshop on
September 13, 1995 and said that item 1 lA had been withdrawn by the
applicant.
MOTION by Comm/Camvhght
I move to pull item 10A on behalf of the City Manager and also I
move to remove item 1 lA Old Business on behalf of the applicant.
ROLL CALL:
Vice Mayor Corum - aye
Mrs. Cammght - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firtion - aye
MOTION CARRIED 5-0
6. PROCLAMATIONS AND/OR ANNOU .N_CEMENTS
None.
OUASI-JUDICIAL HEARING
Procedures for Quasi-Judicial Hearings as Follows (In accordance with
R-95-39):
Mayor Opens Hearing-Outlines Rules
Clerk Administers Oath
Disclosure of Ex-Parte Communication
Staff Presentation
Applicant Presentation - 15 Minutes
Inquiry of Applicant
Regular City Council Meeting
August 23, 1995
Page Three
Proponents' Testimony- 3 Minutes or 10 Minutes if Representing 5
or More
Inquiry of Proponents
Opponents' Presentation - Affected Opponents 15 Minutes - Other
Minutes or 10 Minutes if Representing 5 or More
Inquiry of Opponents
informational Testimony - 3 Minutes or 10 Minutes if Representing 5
or More
Closing of Public Informational Period
Staff Response and Summary - 10 Minutes
Applicant's Rebuttal Presentation - 10 Minutes
Board and Staff [nquiry
95.142
RESOLUTION NO. R-95-48 - Acceptance of Minor Subdivision
Plat for J & W Subdivision (Director of Community Development
Transmittal dated 8/15/95, R-95-48, Application, Plat, Sections 20A-
16.1(C)1 and 16.3 ofLDC, P & Z Memo dated 7/28/95, Williams
Memo dated 7/20/95, Masteller Letter dated 6/9/95)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE ACCEPTANCE OF A
MINOR SUBDIVISION PLAT; ACCEPTING THE MINOR
SUBDIVISION PLAT OF J & W SUBDIVISION, CONSISTING OF 1.22
ACRES, MORE OR LESS, LYING IN SECTION 1, TOWNSHIP 31
SOUTH, RANGE 38 EAST, CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA; DIRECTING THE MAYOR TO SIGN THE PLAT;
DIRECTING THE CITY CLERK TO PRESENT THE PLAT TO THE
CLERK OF THE CIRCUIT COURT FOR INDIAN RIVER COUNTY,
FLORIDA, FOR RECORDING; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
Mayor Firtion opened the quasi-judicial heating at 7:32 p.m. The City
Clerk administered an oath to all those who intended to give testimony.
Regular City Council Meeting
August 23, 1995
Page Four
The City Attorney read Resolution No. R-95-48 by title only.
Mrs. Cartwhght disclosed that she had discussed an omission in the
resolution with the City Attorney but that it had no bearing on the merits of
the request.
The Director of Community Development briefly explained the application
for minor subdivision and recommended two amendments to the plat as
follows:
1)
2)
a title change from "Vice Mayor" to "Mayor", and
certification on the plat stating it is in compliance with all ofFS 177
Being no fmther input, Mayor Firtion closed the quasi-judicial heating at
7:38 p.m.
Applicant, Jerry Smith, stated that "Mayor" had been printed on the plat.
The City Attorney advised that the correct name of the corporation should
be included in Section 1 of the resolution.
Vice Mayor Corum expressed concern relative to drainage easements and
sidewalks.
Mrs. Cartwright noted that the address of the corporation and certification
of compliance need to be included on the plat.
MOTION by Cartwright/Halloran
I move to approve Resolution R-95-48 as amended with the
conditions that they comply with the name and address of the owner on the
property plat and conform to Mr. William's suggestions on the plat ("that
the surveyor comply with chapter 177 and state compliance on the plat" -
added by City Attorney) and amend section 1 of the resolution.
Regular City Council Meeting
August 23, 1995
Page Five
ROLL CALL:
Mrs. Cartwfight
Mrs. Damp
Mr. Halloran
Mayor Firtion
Vice Mayor Corum
MOTION CARRIED 5-0
- aye
- aye
- aye
- aye
95.143
95.144
CONSENT AGENDA
All items on the consent agenda are considered to be routine and will be
enacted by one motion. There will be no separate discussion of consent
agenda items unless a member of City Council so requests; in which event,
the item will be removed and acted upon separately.
Approval of Minutes - 8/2/95 and 8/3/95 Budget Workshops, 8/9/95
Regular Meeting
Sebastian Jaycees - Margo Giacobbi - Request Use of Community
Center - 9/22/95 and 12/15/95 - 6 p.m. to 10 p.m. - Dancemama II!
and iV Teen Dance Fundraisers - Admission Fee - Security Pd
(City Clerk Transmittal dated 8/8/95, R-95-50 Pg 5, Application)
Lion's Club - Request Use of Riverview Park - Steak Dinner
Fundraiser - 11/4/95 - 9 am to 6 pm - Use of Electricity and Standard
Conditions (Director of Community Development Transmittal dated
8/14/95, Zuhowski Letter dated 8/4/95)
The City Manager read the consent agenda.
An amended page four of the August 9, 1995 minutes had been distributed
prior to the meeting by the City Clerk at the request of Mrs. Cartwright.
MOTION by Cartwdght/Corum
I move to approve item A as amended, item B and and item C of the
consent agenda.
Regular City Council Meeting
August 23, 1995
Page Six
ROLL CALL:
Mrs. Damp
Mr. Halloran
Mayor Firfion
Vice Mayor Corem
Mrs. Cartwfight
MOTION CARRIED 5-0
- aye
- aye
- aye
- aye
None.
PRESENTATIONS;
10.
COMMITTEE REPORT~fRECOMMENDATIONS
A. Planning and Zoning Commissioa
95.145 1.
95.082
11.
Recommendation Re: Barbed Wire Fences - Direct. City
Attorney to Draft Ordinance (Director ofConununi _ty
Development Transmittal dated 8/15/95. DCD Memo dated
5/17/951P & Z Memo dated 5/29]95)
This item had been previously postponed to a September 13, 1995
workshop.
OLD BUSINES~
Costa Culvert Pipe (Ci _ty Manager Transmittal dated 8/17/~5...
Votapka Letter dated 6/9/95.5/24/95 Minutes Except. Cooper
Letter dated 3/8/95)
This item had been previously withdrawn by Mr. Costa, who reserved the
right to be on a future agenda.
Regular City Council Meeting
August 23, 1995
Page Seven
12. NEW BUSINESS
95.029 A.
ORDINANCE NO. O~9.5.~_23. o Amending Parking Ordinance No.
O-95~03 Re: Prohibiting Parking in Handicapped Spaces (City_
Manager Transmittal dated 8/17/95. O-95-23)
1st Reading, Set Public Hearing 9/13/95
AN ORDINANCE OF THE CiTY COUNCIL OF THE CITY OF
SEBASTIAN, FLOR/DA, AMENDING THE CODE OF ORDINANCES,
PROHIBITING PARKING IN DESIGNATED HANDICAPPED SPACES,
PROVIDING FOR SEVERABILITY, PROVIDING FOR CONFLICTS,
AND PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Ordinance No. 0-95-23 by title only.
MOTION by Halloran/Cartwright
I move to approve and establish a public hearing date of September
13, 1995.
ROLL CALL:
Mr. Halloran - aye
Mayor Firtion - aye
Vice Mayor Corum - aye
Mrs. Cartwright - aye
Mrs. Damp - aye
MOTION CARRIED 5-0
Regular City Council Meeting
August 23, 1995
Page Eight
95.146/ B.
94.004
Cost Share A~eement, Sebastian Riverview Park Shoreline
Restoration ~ St. John' s River Water Manaeementv District & Cit-.t~
of Sebastian (City_ Manager Transmittal dated 8/15/95. A~eement)
Marty Smithson, St. John's River Water Management District, addressed
City Council.
MOTION by HallorarffDamp
I move to approve the agreement and authorize the Mayor and City
Clerk to execute on behalf of the City of Sebastian.
ROLL CALL:
Mayor Firfion - aye
Vice Mayor Corem - aye
Mrs. Cam~ght - aye
Mrs. Damp - aye
Mr. Halloran - aye
MOTION CARRIED 5-0
95.006
Department of Community. Affairs/Ci _ty of Sebastian - Evaluation
and Appraisal Report Assistance Pro,am Contract - Comprehensive
Land Use..Plan Review Fundings(Director of Community_
Development Transmittal dated 8/15/95. DCA Letter dated 6/27/95.
Contract)
The City Manager noted there was $14,069 available for funding review of
the comprehensive land use plan. Following a brief discussion of selection
of consultants and city input on the report, motion was made.
MOTION by Corum/C~ght
I move to approve the Mayor to sign the contracts from the
Department of Community Affairs regarding the funding for the preparation
of the evaluation and appraisal report.
Regular City Council Meeting
August 23, 1995
Page Nine
ROLL CALL:
Vice Mayor Corum
Mrs. Cartwfi~t
Mrs. Damp
Mr. Halloran
Mayor Firtion
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
95.147 D.
Golf Course Transactions - Requested by Vice Ma_vor Corum (Ci _t~
Manager and Finance Director Memos dated.8/15/95. Vice Mayor
Corum Memo dated 8/14/95)
Walter Barnes, 402 Azine Terrace, Sebastian, inquired why staff could not
implement procedures.
Vice Mayor Corum reiterated her suggestion to implement some type of
internal control of Golf Course transactions.
Tom Kirk, Hoyman, Dobson & Co., the City's audit fro'n, offered to work
with staff to develop procedures.
Mayor Firtion directed the City Manager to start working on policies and
procedures and the City Manager responded it would be sent to the auditors
prior to implementation.
Mayor Firtion called recess at 8:15 p.m. and reconvened the meeting at 8:22
p.m. All members were present.
13.
INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC
Which is not otherwise on the agenda - limit often minutes for each speaker
Walter Barnes, 402 Azine Terrace, Sebastian, questioned the method used
by Council to eliminate the airport manager's position and asked that it be
reconsidered.
9
Regular City Council Meeting
August 23, 1995
Page Ten
Harry Thomas, 654 Balboa Street, Sebastian, discussed the implementation
of the City Manager form of government in Sebastian and said, in his
opinion, it is not working.
Bruce Cooper, 6565Whispering Pines Court, Grant and Director of
Community Development, discussed the outcome of an accusation against
him by Councilmember Damp and requested a written apology and
retraction from her.
Bob Freeland, 753 Wentworth Street, Sebastian, discussed proposed
Human Resources budget items and an increase in the mount of employees
from last year; inquired why the Finance Department is using a computer
consultant with no Council approval and recommended a computer person
in-house.
A1 Vilardi, 445 Georgia Boulevard, Sebastian, discussed Wave Street
consulting, assistants for the City Manager and Human Resources Director,
controlling spending to decrease millage, and needed road paving.
Sal Neglia, 461 Georgia Boulevard, Sebastian, questioned the method used
by Council to eliminate the airport manager's position.
14. CITY COUNCIL MATTERS
A. Mayor Arthur Firtion
None.
B. Yice Mayor Carol.vn Corum
Vice Mayor Corum recommended future discussion of a sidewalk impact
fee; expressed concern for complaints made regarding lack of mowing of
city parks and recommended a priority list be established with proximity to
schools and parks as top priorities; discussed audit expenses; and stated that
evaluations should be done for Charter officers. The City Manager noted
that those Charter officer evaluations are done on anniversaries.
10
Regular City Council Meeting
August 23, 1995
Page Eleven
C. MrSL Louise Cartwright
Mrs. Cartwri~t said she had received complaints about front swales not
being mowed; expressed concerned that she had read about the resolution
of the Damp/Cooper matter in the newspaper rather than being informed;
and asked the City Manager to report on the Finance Department computer
consultant matter.
D. Mrs, Norma Damp
None.
E. Mr, Raymond Halloran
Mr. Halloran urged local clergy to conduct invocations at City Council
meetings.
15. CITY ATTORNEY MATTERS
None.
16. CITY MANAGER MATTER~
The City Manager said he would review the Finance Department computer
consultant matter.
17.
Being no further business, Mayor Firtion adjourned the Regular Meeting at
9:00 p.m.
Approved at the
Meeting.
., 1995, Regular City Council
Arthur L. Firtion, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
11
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
BUSINESS WORKSHOP
WEDNESDAY, AUGUST 30, 1995 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTiAN, FLORIDA
Mayor Firtion called the Business Workshop to order at 7:00 p.m., the
Pledge of Allegiance was recited and he then gave an invocation.
ROLL CALL
City. Council Present:
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corum
Mrs. Louise Cartwright
Mrs. Norma Damp
Mr. Raymond Halloran
City Manager, Joel Koford
City Attorney, Clifton McClelland, Jr.
City Clerk, Kathryn O'Halloran
Director of Community Development,
Brace Cooper
Finance Director, Joel Haniford
Police Chief, Earl Petty
Personnel Director, Wendy Widmann
Public Works Director, Richard Votapka
Airport Manager, John Van Antwerp
Deputy City Clerk, Sally Maio
Zoning Technician, Jan King
Administrative Assistant, jean Tarbell
Business Workshop
August 30, 1995
Page Two
iNTRODUCTION BYMAYOR - Mayor Firtion to Introduce Facilitator
Commissioner Fran B. Adams. Council Members.and Staff
Mayor Firtion introduced Indian River County Commissioner, Fran Adams
as facilitator.
OPENING COMMENTS - Commissioner Fran B. Adams Presents
Pro,am and Workshop G.u/~telines
Fran Adams thanked all in attendance and explained the ground rules for
the workshop.
PART I: PARTICIPATION - Opportunity. for Business Members to
Present Their Views. Concerns and Suggestions (SiN,Up Sheets Available
Prior to the Meeting: Three Minutes for Each Speaker)
Fred Reeves, Merriweather Art and Interiors, 1125 U.S. 1, Sebastian,
representing the newly formed Sebastian Area Council, expressed concern
for the increase in occupational license fees. He said he feels the City of
Sebastian does not touch base with business owners and suggested all funds
received from occupational licenses be placed in a separate interest beating
account to be used exclusively for the business community and that it be
accounted for.
Sandy Lockhart, Spurs Western Wear, Inc., 1622 N. U.S. 1, Sebastian,
expressed concern for the occupational license fee, inquiring whether she
must also obtain a county license due to the type of business she operates.
Commissioner Adams said she would get back to her.
Susan Browning, Browning Typesetting, 649 Bayfront Terrace, Sebastian,
asked why her occupational license fee was doubled. She suggested City
work be bid out to the local community.
Business Workshop
August 30, 1995
Page Three
Don Studley, Headliners, Riverwalk Shopping Center, Roseland, and HMS
Productions, publicly apologized to the Director of Community
Development for a misquote in the Press Journal and distributed documents
relative to his request for a use permit for a country concert at Walmart on
December 1. He read the promo he had presented for the proposed event.
Don Cooper, Needful Things, 484 South U.S. 1, Sebastian, said he believed
the concert would be a great promotion for the City.
Fred Augenstein, 179 Caprona Street, Sebastian, and The Ad Agency, Vero
Beach and Malabar, supported the concert idea and discussed the recent
decline in local business. He said the majority of tickets will be sold by
local business owners. He said the City has a chance to take government to
a higher plane.
Bruce Bennett, Manager ofWalmart Supercenter, 2001 U.S. 1, Sebastian,
as well as resident of Sebastian, said he would like to bridge a gap with the
small business community and offered the Walmart parking lot for events
such as this concert.
Frank Oberbeck, Oberbeck & Associates, 1013 U.S. 1, Sebastian, and
resident of Sebastian, said it is difficult to ascertain what services the City
provides for the taxes paid besides law enforcement and fire services. He
said small business owners need assistance from the City to remain in the
area.
David Haeseler, President of the Sebastian River Area Chamber of
Commerce, 1302 U.S. 1, Sebastian, said it was the recommendation of the
Chamber that Council step back to an overview of the business
community's needs. He said growth will continue and suggested that the
City view the Chamber as an asset and suggested consideration of an
advisory committee to look ahead for the betterment of the community.
Earl Masteller, Masteller & Moler, Inc., and resident of Sebastian, said the
Riverfront is a major asset which will need to be planned for and that the
City should be taking steps to obtain a planner to look at that area. He said
when plans are completed they need to be put into effect rather than
shelved.
Business Workshop
August 30, 1995
Page Four
Donna Keys, Sebastian Insurance, 734 Fleming Street, representing the
Council of 100, a group responsible for bringing business into the
community and assisting current businesses with technical problems, said a
business action team has been established to assist people with permitting.
She said a survey shows that the Community Development Department is
very helpful and responsive.
TAPE I - SIDE ii (7:48 p.m.)
Warren Dill, Attorney-at-Law, 1515 U.S. 1, read text from an award given
to the City for comprehensive planning. He discussed excessive parking
requirements for medical offices and furore utilization of older businesses
along U.S. 1 by reduction of parking; said aesthetics and sign codes need to
be addressed; urged preservation of and commitment to the Riverfront; said
the community gains from enhancement of commercial activities and urged
that Council to follow through and possibly conduct this type of workshop
at least twice a year.
Kathy Gardinier, Wicker Etc., U.S. 1, Sebastian, said something should be
done on U.S. 1 prior to Riverfront improvements; concurred with the
concert requested by Don Studley; discussed the establishment of the newly
formed merchant's group; said she was concerned about the occupational
license fee increase; and said her gripe was with the Chamber of Commerce
for not showing merchants attention.
Harry Thomas, 654 Balboa Street, Sebastian, Sebastian Property Owners
Association, said his group had asked for this type of meeting for several
years; said there are many splinter groups and suggested that those groups
come together and support one another. He thanked Council and
Commissioner Adams for the meeting.
Wayne Brubaker, Manager of Phelps Garage, Louisiana Avenue, Sebastian,
expressed concern for the increase in occupational licenses, stating he
believed it was arbitrary; said a small group of businesses on Louisiana feel
they are being cut off by the redirection of Louisiana Avenue and
enforcement of screening regulations which turned out to be in error.
4
Business Workshop
August 30, 1995
Page Five
Damian Gilliams, 713 Layport Drive, Sebastian, owner ora few businesses
in the community, expressed concern for the fact that real estate agents
acting as independent contractors for real estate companies are required to
have an occupational license and noted that Vero Beach had rescinded that
requirement; and suggested that the City take a closer look at home
occupational licenses, suggesting that a move to commercial areas will
benefit other city businesses.
Cheryl Elsessor, Realty Place, U.S. 1, Sebastian, expressed concern for the
requirement for real estate salespersons to hold a license and urged the City
to solve the scrub jay problem.
Walter Barnes, 402 Azine Terrace, Sebastian, urged that more meetings be
held with the community and supported the proposed concert.
Janice Oberbeck, Travel Gallery, Fleming Street, Sebastian, expressed
concern for the multitude of agency licenses required to nm a business.
She said she would not mind paying the occupational license fee if it
offered something to benefit businesses.
Chuck Neuberger, Neuberger Electric, Melrose Lane, Sebastian, member of
the Equity Study Commission, explained the committee's reasons for
establishing the current occupational license fees in what he believed was
an equitable manner.
Commissioner Adams suggested that ideas suggested be reviewed and
responses brought back.
Mrs. Cartwh~t said the Comp Plan is being reviewed for revision and the
parking ordinance as well as other issues are being addressed at this time.
In response to audience inquiries about responses from the City,
Commissioner Adams again suggested that City Council should be given an
opportunity to mull over what they've heard tonight and come back with
ideas.
The Director of Community Development said he was always available to
work with the business community.
Business Workshop
August 30, 1995
Page Six
Commissioner Adams thanked all those in attendance and the City Council
for the opportunity to attend.
Mayor Firtion expressed his appreciation for all in attendance.
The next two items were not addressed at this workshop.
PART II: RESPONSE - Review of Comments and Matters Presented:
Response by Staff', Dialogue to Prioritize Items
PART III: ACTION ~ Council to Consider Set'tine a Timetable for the
Priori .tyItems: Direction to City Manager for Specific Plans of Action: Set
Date for Follow-Up Workshop. If Necessary
8. Mayor Firtion adjourned the Business Workshop at 8:30 p.m.
Approved at the
Meeting.
., 1995, Regular City Council
Arthur L. Firtion, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
6
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 a FAX (407) 589-5570
CITY COUNCIL AGENDA TRANSMITTAL
SUBJECT:
Resolution No. R-95-52 - FDOT
Supplemental Joint Participation
Agreement
AGENDA NO:
DEPT. ORIGIN:
City Manager
DATE SUBMITTED: 9/5/95
MEETING DATE: 9/13/95
APPROVED FOR SUBMITTAL:
City Manager'
EXHIBITS:
-R-95-52
-Supplemental Agreement
-Airport Manager Memo 8/29/95
-FDOT Letter 8/18/95
Expenditure Required:
IAmount Budgeted:
Appropriation Required:
SUMMARY STATEMENT
City Council approved the original Joint Participation Agreement with Florida
Department of Transportation for ninety percent funding of engineering services for
Sebastian Municipal Airport runway 4-22 paving by adoption of Resolution No. R-94-32.
The mount of the grant was $53,100.00.
The charge from Greiner, Inc. for preparation of rtmway 4-22 repaving plans and
specifications will be $61,600.00. The supplemental agreement submitted by FDOT will
increase the grant amount to $55,440.00.
RECOMMENDED. ACTION
Adopt Resolution No. R-95-52, authorizing the Mayor to execute the Supplemental Joint
Participation Agreement with FDOT.
RESOLUTION NO. R-95-52
A RESOLUTiON OF THE CITY OF SEBASTIAN, iNDiAN RIVER
COUNTY, FLORIDA, AMENDING RESOLUTION NO. R-94-32;
AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY
CLERK TO ATTEST A SUPPLEMENTAL JOINT PARTICIPATION
AGREEMENT (GRANT) WITH THE STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION FOR ENGINEERING FOR
LIGHTING AND OVERLAY OF RUNWAY 4-22; INCREASING THE
GRANT AMOUNT TO $55,440.00; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sebastian, at its June 8, 1994 Meeting, adopted Resolution
No. R-94-32 authorizing the Mayor and City Clerk to enter into a Joint Participation
Agreement with the Florida Department of Transportation for engineering for lighting and
overlay of nmway 4-22 at the Sebastian Municipal Airport;
WltEREAS, The Joint Participation Agreement would have resulted in the City of
Sebastian receiving up to $53,100.00 in grant funds for the purposes of this project from the
Florida Department of Transportation; and
WHEREAS, the City of Sebastian contracted with Greiner, Inc. for engineering
services and the charge for those engineering services is $61,600.00. The grant provides
90% of the engineering sex-vices' cost, therefore, the grant mount is increased to $55,440.00.
5) 1
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THt;
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
~EXLTLQ_.~L SUPPLEMENTAL AGREEMENT. The Mayor is hereby
authorized to enter into and the City Clerk authorized to attest the State of Florida
Department of Transportation Public Transportation Supplemental Joint Participation
Agreement on behalf of the City of Sebastian (a copy of said Supplemental Agreement being
attached hereto as Exhibit "A").
to $55,440.00.
herewith are hereby repealed.
The Supplemental Agreement increases the grant mount
CONFLICT.
All resolutions or parts of resolutions in conflict
SECTION 3. SEVERABILITY. In the event a court of competent jurisdiction
shall hold or determine that any part of this Resolution is invalid or unconstitutional, the
remainder of the Resolution shall not be affected and it shall be presumed that the City
Council of the City of Sebastian did not intend to enact such invalid or unconstitutional
provision. It shall further be assumed that the City Council would have enacted the
remainder of this Resolution without such invalid and unconstitutional provision, thereby
causing said remainder to remain in full force and effect.
~S~C_TLQ.N_~ EFFECTIVE DATE. This Resolution shall take effect immediately
upon its adoption.
2
The foregoing Resolution was moved for adoption by Coun¢ilmember
The motion was seconded by Councilmember
and, upon being put into a vote, the vote was as follows:
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corem
Councilmember Louise Cartwright
Councilmember Norma Damp
Councilmember Raymond Halloran
The Mayor thereupon declared this Resolution duly passed and adopted this
day of
,1995.
CITY OF SEBASTIAN
By:
Arthur L. Firtion, Mayor
ATTEST:
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(SEAL)
Approved as to Form and Content:
Clifton A. McClelland, Jr., City Attorney
STATE OF FLORIDA DEPARTI~ENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT
FORM
PUBLIC TR.ANSP ADMIN - 07194.
Page
WPI No: 4925340 Fund: 010
Function: 637
Job No: 1R8000-38~4 Federal No: N/A
Contract No: ^g247
SAMAS Approp: 088719
SAMAS Obj.:
Org. Code: 55042010428
Vendor No.' Vi: 5O6000427004
THIS AGREEMENT, made and entered into this day of 19.~
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida,
hereinafter referred to as the Department, and tho~ Ci~ Of .qeha.qfian, Indian River C'aun~. a Municipal Cnrpnrafian
hereinafter referred to as Agency.
WlTNESSETH'
WHEREAS, the Department and the Agency heretofore on the
entered into a Joint Participation Agreement; and
20 of luna 19 94 ,
WHEREAS, the Agency desires to accomplish certain project items as outlined in the Attachment "A" appended
hereto; and
WHEREAS,the Department desires to participate in all eligible items for this project as outlined in Attachment "A"
for a total Department Share of ~55.44000
NOW, THEREFORE THIS INDENTURE WITNESSETH: that for and in consideration of the mutual benefits to
flow from each to the other, the parties hereto agree that the above described Joint Participation Agreement is to be amended
and supplemented as follows:
1.00 Project Description:The Project has been amended to read:N/A
FORM 7?_%030-07
PUBLIC TRANSP ADMIN - 07/9~
P~ge 2 of a
2.00 Project Cost:
Paragraph 3.00 of said Agreement is increased/decreased by $
bringing the revised total cost of the project to $ 61 ~600 O0
Paragraph 4.00 of said Agreement is increased/decrea~:d by $ 2,340 00
bringing the Department's revised share in the project to $ 55,440 00 ......
3.00 Amended Exhibits:
Erd'fibit(s)
of said Agreement is (are) amended by Attachment "A".
4.00 Contract Time:
Paragraph 18.00 of said Agreement is amended
12131195
FORM
PUBLIC TKANSP ADMIN - 07/94
Fag,; 3 of
WPI NO. 4825340
JOB NO. 88000-3884
Contract No. AB247
Agreement Date
Except as hereby modified, amended or changed, all other terms of said Agreement dated
and any subsequent supplements shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above
written.
AGENCY: City OF Sebastian
DATE FUNDING APPROVED BY COMPTROLLER
(SEE ATTACHED ENCUMBRANCE FORM)
BY:
APPROVED AS TO FORM, LEGALITY
TITLE:
ATTORNEY
DEPARTMENT OF TRANSPORTATION
ATTEST:
TITLE: (SEAL)
DISTRICT SECRETARY
OR
DIRECTOR OF PLANNING AND PROGRAMS
ATTEST:
TITLE:
,(SEAL)
WPI NO. 4825349
JOB NO. 88000-3884
Contract No. AF1247
Agreement Date
FORJvl 7'2&030~)7
PUBLIC TRANSP ADM1N - 07/9.,1.
Pag~ ~. of 4
ATTACHMENT "A"
SUPPLEMENTAL AGREEMENT
This Attachmem forms an integral part of that certain Supplemental Joint Participation Agreement between the State
of Florida, Department of Transportation and the C.i~ OF: ~eha.~tiar~
dated
DESCRIPTION OF SUPPLEMENT (Include justification for cost change): Due to a change in agency's needs the project has
been revised to · "Airport Guidance Signage".
I. Project Cost:
Approved ~ Net Change
$59,000.00 $61,600.00 $2,600.00
II.
Fund Participation:
Department (90%)
FAA (%)
Local (10%)
Total Project Cost:
~ Amended ~
$53, i 00.00 $55,440.00 $2,340.00
$ -0- $ -0- $ -0-
$ 5,o0o00 $~60d10_ $ ~6ooo
$59,000.00 $61,600.00 $2,600.00
otal Department Participation This Agreement: $55,440.00
RECYCLED PAPER~
Memorandum
To:
Joel Koford, City Manager
From:
Date:
Subject:
John Van Antwerp, Airport Manager
August 29, 1995
Supplemental Joint Participation Agreement
On june 8, 1994 the City of Sebastian approved resolution no. R-94-32
to enter into a loint Participation Agreement (grant) with the Florida
Department of Transportation. The amount of the grant was
$53, I00.00 and the purpose was to prepare plans and specifications for
the repaying of runway 4/22.
Greiner Inc was contracted to prepare the repaying plans .Greiners
charge for the plans will be $61,600.00. The attached agreement
increases the grant amount to $ >,440.00, which is 90% of the Greiner
5~
contract of $61,600.00.
We need to prepare and send to City Council a resolution accepting the
Supplemental Joint Participation Agreement.
FLORIDA
GOVERNO#
DEPARTMENT OF TRANSPORTATION
3400 WEST COMMERCIAL BOULEVARD aEr~ ~i. WAI'I~
FORT LAUDERDALE, FLORIDA 33309-3421 s~cm~?AtW
(305) 777-4490
PUBLIC TRANSPORTATION OFFICE
August 18, 1995
Mr. John Van Antwerp
Airport Manager
1225 Main Street
Sebastian, Florida 32958
Dear Mr. Antwerp:
Subject:
W.P.I. No.:
State Job No:
Agency:
Description:
4825349
88000-3884
City Of Sebastian Municipal Airport
Engineering for Plans and Specifications for Lighting and
Overlay for Runway 4/22
I am enclosing six (6) copies of a Supplemental Joint Participation Agreement (JPA) for
the referenced project, in the amount of ~ The State's funding share for this
project is
Please execute these agreements and return five (5) copies to this office. The sixth copy
may be retained for your files until the Agreement has been fully executed.
We also need two (2) copies of a Resolution, with original signatures, authorizing this
Agreement. Both Resolutions and Agreements must be Qdgin~?J~sJgnature documents or
properly certified anpies.
Please don~t fill in the dates on the Agreements as this will be done upon final
execution by the District Secretary. Should you have any questions regarding this
Agreement, please feel free to contact me,
ILO/L~ .~~
Enclosure(s)
Sincerely,
Assistant Manager
Public Transportation Office
RECYCLED PAPER
City of Sebastian
1225 MA~N STREET [] SEBASTIAN, FLOR~gA 39958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: RESOLUTION R-95-53,
INTERLOCAL AGREEMENT REGARDING
SCRUB ACQUISITION
Approval for Submittal By:
A
City Manager ,,
) Agenda Number: /~-
)
) Dept. Origin: Community DeveloDment
)
)
) Date Submitted:
)
) For Agenda Of:
)
) Exhibits:
)
)
)
9/5195
9/13/95
1. Interlocal Agreement
2. Resolution R-95-53
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
At its regular meeting of May 24, 1995, the City Council adopted the
Conceptual Approval Agreement subject to the following items:
Indian River County will be liable for all fiscal and management
responsibilities and obligations incurred by the Agreement, as
amended.
The Interlocal Agreement must be executed by Indian River County
and the City of Sebastian delineating the responsibilities and
liabilities of Indian River County and the City of Sebastian within
120 days of May 24, 1995, or the approval of the Conceptual
Agreement is null and void.
The proposed agreement was revised by the City Attorney and Indian River
County staff has determined this language to be acceptable.
RECOMMENDED ACTION
Move to authorize the Mayor to sign the Interlocal Agreement.
RESOLUTION NO. R-95-53
RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE
AND THE CITY CLERK TO ATTEST AN INTERLOCAL
AGREEMENT FOR THE SEBASTIAN HIGHLANDS SCRUB
PROJECT; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the County of Indian River, the Florida
Community Trust (FCT) and the City of Sebastian have entered
into a tri-partite agreement for the acquisition of land for
the Sebastian Highlands Scrub Project (FCT Project No.
94-032-P4A); and
WHEREAS, FCT requires the adoption of an interlocal
agreement between the local governments which delineates the
areas of responsibility for each entity.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as
follows:
SECTION 1. INTERLOCAL AGREEME~. The Mayor is
hereby authorized to enter into and the City Clerk to attest
the Interlocal Agreement for the Sebastian Highlands Scrub
Project on behalf of the City of Sebastian (a copy of said
Interlocal Agreement being attached hereto as Exhibit "A").
SECTION 2. CONFLICT. Ail resolutions or parts of
utions in conflict herewith are hereby repealed.
SECTION 3. SEVERABILITY. In the event a court of
competent jurisdiction shall hold or determine that any part
of this Resolution is invalid or unconstitutional, the
remainder of the Resolution shall not be affected and it
shall be presumed that the City Council of the City of
Sebastian did not intend to enact such invalid or
unconstitutional provision. It shall further be assumed that
the City Council would have enacted the remainder of this
Resolution without such invalid and unconstitutional
provision, thereby causing said remainder to remain in full
force and effect.
SECTION 4. EFFECTIVE DATE. This Resolution shall take
effect immediately upon its adoption.
The foregoing Resolution was moved for adoption by
Councilmember . The motion was
seconded by Councilmember and, upon
being put into a vote, the vote was as follows:
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corum
Councilmember Norma J. Damp
Councilmember Ray Halloran
Councilmember Louise R. Cartwright
2
The Mayor thereupon declared this Ordinance duly passed
and adopted this day of , 1995.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
by:
Arthur L. Firtion, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(Seal)
Approved as to Form and Content:
Clifton A. McClelland, Jr.
City Attorney
INTERLOCAL AGREEMENT
between
INDI]%N RIVER COUNTY, FLORIDA
and the
CITY OF SEBASTIAN, FLORIDA
Re= Sebastian,,,,~=hlands Scrub Pro~ect
THIS INTERLOCAL AGREEMENT, entered into this day of
, 1995 by and between INDIAN RIVER COUNTY, FLORIDA, a
political subdivision of the State of Florida, by and through its
Board of County Commissioners, hereinafter referred to as COUNTY
and the CITY OF SEBASTIAN, FLORIDA, a municipal corporation of the
State of Florida, hereinafter referred to as CITY, for the purpose
of providing an agreement for the division of responsibility for
the Sebastian Highlands Scrub Project.
WITNES SETH :
WHEREAS, the COUNTY, the CITY and the Florida Community Trust
(FCT) have entered into a tri-partite agreement for the acquisition
of land for the Sebastian Highlands Scrub Project (FCT Project No.
94-032-P4A); and
WHEREAS, FCT requires the adoption of an interlocal agreement
between the local governments which delineates the areas of
responsibility for each entity,
NOW, THEREFORE, in consideration of the mutual terms,
conditions, promises, covenants and premises hereinafter set forth
herein, the COUNTY and the CITY agree as follows:
The COUNTY shall provide the following:
1. Outdoor recreational facilities including nature trails,
picnic areas, a gazebo, an information kiosk and limited parking on
the project site, and general on-going maintenance of such
facilities.
2. A vegetative survey to ensure the protection, restoration
and preservation of the natural resources on the project site.
3. Periodic surveys of listed species, and develop
informational signs relating to the protection of listed animal
species.
4.
5.
6.
implemented
communities.
Implementation of a site Habitat Conservation Plan.
Removal of invasive exotic vegetation.
Mechanical cleaning or prescribed burning regime
to maintain natural fire-dependent vegetative
7. Removal of trash and debris from the project site as part
of an on-going site maintenance.
8. Removal and restriction of feral and domestic animals
from the project site, as necessary.
The County shall assume and discharge all the fiscal and
management responsibilities imposed on FCT Recipients under the
Conceptual Approval Agreement with FCT for FCT Project No. 94-032-
P4A.
The County will also perform duties as follows:
(1)
(2)
Provide FCT an acquisition plan.
Furnish required notices, obtain appraisals,
conduct negotiations with property owners.
and
(3) Acquired title to the project property in the name
of Indian River County.
(4) Provide the local matching funds for the FCT
project.
(5) Develop and obtain approval of the project plan.
(6) Implement the management and maintenance of the
project property.
The CITY shall provide police protection to the area
consistent with its policies.
By execution of this Agreement, neither the COUNTY nor the
CITY will be deemed to have waived any rights or remedies they may
have available under the laws of the State of Florida.
This Agreement shall be executed in duplicate and each fully
executed contract shall be deemed an original instrument.
A copy of this Agreement and all subsequent amendments hereto
shall be recorded in the Public Records of Indian River County,
Florida, upon its execution by all parties hereto.
This Agreement may be amended only in writing with approval by
all parties executing this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this
Interlocal Agreement to be executed by their duly authorized
officials on the day and year first above written.
ATTEST:
INDI~%N RIVER COUNTY
Jeffrey K. Barton, Clerk
By:
Kenneth R. Macht, Chairman
ATTEST: CITY OF SEBASTIAN
Kathryn M. O'Halloran
CMC/AAE, City Clerk
By:
Arthur L. Firtion, Mayor
Approved as to form and content:
Clifton A. McClelland, Jr.
City Attorney
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this
day of . , 1994, by KENNETH R. MACHT, as
Chairman of the Indian River County Commission, on behalf of INDIAN
RIVER COUNTY. He is personally known to me or produced
as identification.
Printed Name:
Commission Number:
My Commission Expires:
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this
day of , 1994, by Arthur L. Firtion as Mayor
of the CITY OF SEBASTIAN, FLORIDA, on behalf of the CITY OF
SEBASTIAN. He is personally known to me or produced
as identification.
Printed Name:
Commission Number:
My Commission Expires:
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: RESOLUTION NO. R-95-54 )
EXTENDING THE TEMPORARY USE PERMIT )
POLICY (R-95-36) FOR THIRTY DAYS )
Approved For Submittal By:
City Manager %~
Agenda Number: ~'
Dept. Origin: Community Development
Date Submitted: 9/05/95
For Agenda Of:
Exhibits:
1. R-95-54
2. R-95-36
9/13/95
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
On June 21, 1995, the City Council passed Resolution No. R-95-36
establishing a Temporary Use Permit Policy, effective immediately and not
to exceed ninety days. The expiration of this resolution will be
September 19, 1995.
In order to continue this policy until such time as Temporary Use Permit
Ordinance 0-95-21 can be adopted, Resolution R-95-54 has been prepared to
extend the expiration date of R-95-36 for an additional 30 days.
RECOMMENDED ACTION
Move to approve Resolution No. R-95-54.
RESOLUTION NO. R-95-54
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, EXTENDING THE EFFECTIVE DATE OF
THE TEMPORARY USE PERMIT POLICY AS ESTABLISHED IN
RESOLUTION NO. R-9§-36; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of City of Sebastian adopted
Resolution No. R-95-36 establishing a Temporary Use Policy on
June 21, 1995 to be effective immediately and for a period
not to exceed ninety days; and
WHEREAS, Resolution R-95-36 will expire before the City
Council can adopt Ordinance 0-95-21 regarding Temporary Use
Permits; and
WHEREAS, the City Council deems it to be in the best
interest of the City to extend Resolution R-95-36 for an
additional 30 days to continue the Temporary Use Permit
Policy until such time as Ordinance 0-95-21 can be adopted.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS
FOLLOWS:
SECTION 1. EXTENSION. The portion of Resolution
R-94-36 regarding the effective date (Section 4), is amended
to extend the effective period for an additional 30 days.
SECTION 2.
.~utions in
/$ECTION 3.
CONFLICT. Ail resolutions or parts of
conflict herewith are hereby repealed.
SEVERABILITY. In the event a court of
competent jurisdiction shall hold or determine that any part
of this Resolution is invalid or unconstitutional, the
remainder of the Resolution shall not be affected and it
shall be presumed that the City Council of the City of
Sebastian did not intend to enact such invalid or
unconstitutional provision. It shall further be assumed
that the City Council would have enacted the remainder of
this Resolution without such invalid and unconstitutional
provision, thereby causing said remainder to remain in full
force and effect.
SECTION 4. EFFECTIVE DATE. This Policy Resolution
shall take effect September 19, 1995 and will be effective
for a period not to exceed thirty days.
The foregoing Resolution was moved for adoption by
Councilmember . The motion was
seconded by Councilmember and, upon
being put into a vote, the vote was as follows:
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corum
Councilmember Norma J. Damp
Councilmember Ray Halloran
Councilmember Louise R. Cartwright
The Mayor thereupon declared this Ordinance duly passed
and adopted this day of , 1995.
CITY OF SEBASTIAN, FLORIDA
by:
Arthur L. Firtion, Mayor
ATTEST:
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(Seal)
Approved as to Form and Content:
Clifton A. McClelland, Jr.
City Attorney
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 a FAX (407) 589-5570
CITY COUNCIL AGENDA TRANSMITTAL
SUBJECT:
Resolution No. R-95-45
Vacation of Easement - Black
Lots 12 and 13, Block 157,
Unit 5
AGENDA NO:
DEPT. ORIGIN:
City Clerk~fi.C)' ¢
DATE SUBMITTED: 9/6/95
APPROVED FOR SUBMITTAL:
City Manager '_. .(~,~
MEETING DATE: 9/13/95.
EXItlBITS:
R-95-45
Application
Survey
No Objection Letters
Expenditure Required:
Amount Budgeted:
Appropriation Required:
SUMMARY STATEMENT
We have received a request for vacation of easement for Lots 12 and 13, Block 157,
Sebastian Highlands Unit 5, from Tom Black. All utilities and appropriate City
departments have been notified and have no objections. Their letters are included in your
packet.
RECOMMENDED ACTION
Adopt Resolution No. R-95-45.
RESOLUTION NO. ~
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, VACATING, ABOLISHING, ABANDONING AND
DISCONTINUING Ti:IE WEST FIVE FEET OF LOT 12, AND THE EAST
FIVE FEET OF LOT 13, BLOCK 157, SEBASTIAN HiGHLANDS UNIT 5,
ACCORDING TO TH~ PLAT THEREOF, RECORDED IN PBI 5-102,
PUBLIC RECORDS OF iNDiAN RIVER COUNTY, FLORIDA; PROVIDING
FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT I-W~REWITH; PROVIDING FOR RECORDING; AND
PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY TI-IE CITY COUNCIL OF THeE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, that:
Section 1, VACATION OF EASEMENT. The City of Sebastian, Indian River County,
Florida, does herewith vacate, abolish, abandon and discontinue all that portion of land previously
dedicated for easement and described as follows:
The West five feet of Lot 12 and the East feet of Lot 13, Block 157, Sebastian Highlands
Unit 5, according to the plat thereof, recorded in PBI 5-102, of the Public Records of
Indian River County, Florida.
~ REPEAL. All resolutions or parts of resolutions in conflict herewith are hereby
repealed.
Section 3. RECORDING. This resolution shall be recorded in the public records of Indian
River County, Florida.
Section 4. EFFECTIVE DATE. This resolution shall be in full force and effect immediately
upon its passage.
The foregoing Resolution was moved for adoption by Councilmember The
motion was seconded by Councilmember and, upon being put to a vote, the vote was
as follows:
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corem
Councilmember Louise R. Cartwright
Councilmember Norma J. Damp
Councilmember Raymond W. Halloran
The foregoing Resolution was duly passed and adopted by the City Council of Sebastian,
Florida, this day of ,19
CITY OF SEBASTIAN, FLORIDA
By:
Arthur L. Firtion, Mayor
ATTEST:
Kathryn M. O~l-Ialloran, CMC/AAE
City Clerk
(SE a )
STATE OF FLORIDA
COUNTY OF IlxlDIAN RIVER
I I-tEREBY CERTIFY that on this day, before me, an officer duly authorized in Indian River
County, Florida, to take acknowledgments, personally appeared Arthur L. Firtion and Kathrvn M.
O'Halloran known to me to be Mayor and City Clerk respectively, and neither of them took an oath.
*****
WITNESS my hand and seal in Indian River County, Florida, the day of ,
1995.
Approved as to Form and Content:
Linda M. Galley
NOTARY PUBLIC,
STATE OF FLORIDA AT LARGE
My Commission Expires:
Clifton A. McClelland, Jr., City Attorney
2
CITY OF SEBASTIAN
APPLICATION FOR VnCATION OF EASEMENT(S)
(This request shall no be accepted unless completed in full)
TELEPHONE NO. DC ' Z'ZO ~ TYPE OF ENTITY:* '~c4(~_. ~ q,~L,.
*Individual, corporation, etc. - If corporation apply corporate
seal below
LEGAL DESCRIPTION OF REAL PROPERTY ON WttICH EASEMENT EXISTS:
(Attach description on attachment if necessary)
DESCRIPTIVE LOCATION OF EASEMENT TO BE ABANDONED:
(This item tO be filled in by Building Official)
APPROXIMATE SIZE OF EASEMENT: ~ feet in length .~'/ in wid%h
(Explain ~n de~alZ ~o~ need to ~eZease ~h~e eaaement)
Z HEREBY CERTIFY ~ha~ I, ~he applfcant, own ~he real p~ope~fiy on
which khe eaaemen~ ~ reques~ ~o vacate ex~a~s, or Z am au~ho~ized
~o p~eae~ ~hts request ~o rata'ks by ~he owner of ~he real
~~' 6~d~ Corporate Seal
Please Prin~ Hame
Attach hereto the following:
( ) 1. Map, plat, survey, or clear drawing at least 8 1/2" x 11"
showing the parcel of land on which the easement exists,
with parcel(s) of land adjacent to the easement requested
to be vacated. SHOW TIIE EASEMENT CLEARLY ON DRAWING.
( ) 2.
(N/A)
( ) 3.
(N/A)
Complete legal description of the parcel of land on which
the easement exists if the full description cannot be
placed on the lines provided above for the description.
Written authorization of the owner of the parcel of land
on which the easement exists if the applicant is not the
owner.
( ) 4.
( ~I/a )
IF IT IS NECESSARY TO GRANT BACK ANOTHER EASEMENT TO
REPLACE THE EASEMENT THAT IS TO BE VACATED, ATTACH A DEED
OF EASEMENT TO ACCOMPLISH THE DEDICATION OF THE NEW EASEMENT.
( ) 5. Attach a check or money order payable to "The City of
Sebastian" upon submittal of this application to the
~ Office of the City Clerk. This application fee is not
/f_/,~. ~ refundable. The fao is 825.00.
. ,,-. -.,, ~. ~, ~. o~,,..~: .............
~_~//mDate Received by t~e Office of the City Clerk ~-~-~
,. ~.: ~'./J~/~
file: aban.appz .....
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Ju~y I?. t99'~
via: Tela~fu~ $~ ~ZTO
L_ocs 12& 13. Blocg 157. Sebas'tinn_I~hlnnd. s,~m~
This request is to vacate the standard S' side lot drainage and uriliri easement that is planed on
every lot in Unit 5. We understand, that ~e owner wishes to ~ :he cifle ofthea¢ two lots to
allow ¢onslrucrion of one house on the two lo~s. There is currently no side lot swale or drainage
improvernen~s in the easement, nor does in appear :hat one wouid be necessary/f there, will be.
only one house (unity of title). Therefore, we find no particular reason :o maintain thi~ easement
for drainage purposes.aRer :he owner/ilea :he ua/ri of:/fle in the public records.
rn general we recommend :hat builders, Re~tors, ami lot owners Laquizing about ea.semem
vaca:ion be advi~d thaz rear lot easement~ for drainage md utilities may be needed for future
maintenance or installations, and therefore generally would Rot be vacated~ urlteas there ale
particu/ar dr~c~ The side tot ~ generally can be favorably cons/dered for
vacation when'thc lots will be united for a single unit coasm~ction...unless that particular
easement is being used or will be needed for fi-om :o back drainage.
We have made photo~'aphs of the site vicinities, which I can enlarge for presentation to Council if
you feet it will be ~eful, and a sketch of the conditions found for the Peters and Thomas request
follows~
Lt'you need further information, please advise. I
C~aven T~ompson & Assodatea, Lnc.
/~gistered ~~ 17002
Stat~ o~o~da
Cit f tian
1225 MAIN STREET SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 ri FAX (407) 589-5570
July 5, 1995
Richard Votapka
Sebastain Utilities
1225 Main Street
Sebastian, Florida 32958
Dear Sir:
The City of Sebastian has been requested to grant approval for abandonment of the West five (5) feet of Lot
12, and East five (5) feet of Lot 13, Block 157, Sebastian Highlands Unit 5. A copy of the survey is attached
for your information.
In compliance with City of Sebastian Ordinance No. 0-76-4, June 14, 1976, you must respond in writing
within fifteen days.
Should you have any questions concerning this matter, please contact my office at 58%5330 between the
hours of 8:00 a.m. and 4:30 p.m.
Sincerely/yours,
Kathryn M. 0 Halloran, CMC/AAE
City Clerk
Attaci~entKOH'lmg 'The., kJ +i [; Jc~ '[)¢~. cAoo~ ~
aoamet.wpa
Cit~ of Sebastian
I
t225 i~IAIN STREET~ SEBASTIAN, FLORIDA 3~58
T~EPHONE (~ ~g-~30 ~ F~ (40~ ~g-5570
I
_
~ ~f Public W~
1225 ~.S~
~e C,~ of Seb=fl= h~ ~ ~ ~ ~t ~p~ [~ ab=do~t of ~e W~t five (5) f~t of ~t
12, =d ~t five (5) f~ ~ 13~ Bi~ i57~ g~= Ht~=& U~t 5. A ~ of~e ~ is a~ch~
Shoed ~ h~ ~ ~~ ~~ ~J ~a~, pl~ ~n~d ~ om~ at 5S9-5330 ~
ho~ ofg:~ i.~ ~ 4:30 p.~
s~~,
KOH:img
Att~hment
City of Sebastian
...... ~..,-...,.~
1225 MAIN STREET o SEBASTIAN, FLORIOA 32958
TELEPHONE (407) 589-5330 o FAX (407) 589-5570
July 5, 1995
3300 Or-_~ec__~hob~ Road
Ft. Pierre., Florida 34947
D~ar Sir:
Tho City of Sebastian Ires beam requested [o grant approval for ah~Jxlmtmemt afthe West five (5) fc~t
12, and East five (5) feet of Lot 13, Blo~k 157, Sebastian Highlands Unit 5. A copy oftl~ surv~ is
far your information.
In complianc~ with City of Sebastian Ordinanr. c No. 0-76-4, Jun~ 14, 1976, you must respond in writing
Should you have any questions concerning this maitre', please cotttact my ofl%~ at 589-5330 between the
hours of g:00 a_m. ami 4:30
$ i nce. reJ~, yours,
Katht~ M. O'Halloran, CMCiAAE
City Clerk
I(OH:I~g
7901 ELLIS RD I
MELBOURNE FL 32904
....
DEAR SIRS:
FPL HAS NO OBJECTION TO THE RELEASE OF EASEMENT FOR THE
PREVIOUSLY DESCRIBED PROPERTY AS REFERENCED IN YOUR LETTER
DATED JULY 05, 1995.
IF YOU HAVE ANY FURTHER QUESTIONS, PLEASE CALL ME AT 407-726-
4870.
SINCERELY,
DENNIS G. PAGANO
City of Sebastian
I 1225 MAIN STREET :3 SEBASTIAN, FLORIDA ;32958
TELEPHONE' (407) S89--5330 c FAX (a~17) 58S-5570
i Don Harv~
F, P. &L. "
I 1698 N. C~utraJ Avmue
Sebasuan, Flmida 32958
Dear S~
The Clcy of ScbasUan has b~ ~qucsted to ~: approval for abandonment ofth~ W~st tiv~ (5) f~t of Lot
12, md East fivm (5) f~et of Lot 13, Block 157, Sebastian [-Iigllan~ Umt 5. A copy of the surv~ is attached
for your informaticm,
Iu oompliauoe with City of Sebastian Ordinance No. 0-76~, June !4, 1976, you must respoud in writing
Should you have any questions cour. zruing ~his matter, please contact my oti5¢c at 589.5330 bet~ve~a the
hours of $:00 a,m. and~:30 p.m.
T, artuya M. O'Hallor~ CMCIAAE
City Cl=k
t(OH:lm§
A~acam~
abanl~.wpd
July 13, 1995
MS. Kathryn M. O'Halloran, City Clerk
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
RE: Abandonment of Easement - Lots 12 & 13, Block 157, Unit 5
Dear Ms. O'Halloran,
Falcon Cable TV has no objections to the abandonment of easement
at the referenced location.
Ken rickets, Regional Manager
Falcon Cable TV
FALCON CABLE MEDIA 710 Washington Street, P.O. Box 780249, Sebastian, Florida 32978, Tel: (407) 589-3846
City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 o FAX (407) 589-5570
AGENDA TRANSMITTAL
SUBJECT: Hoyman, Dobson
& Company, P.A.
Approval For Submittal By:
City Manager
AGENDA NO.
Dept. Origin: City Manager
Date Submitted:09/05/95
For Agenda Of.' 09/27/95
Exhibits:
-Engagement Letter Dated 8/17/95
From Hoyman, Dobson & Co., P.A.
I EXPENDITURE
REQUIRED: N/A
AMOUNT
BUDGETED: N/A
APPROPRIATION
REQUIRED: N/A
SUMMARY
The City Council has previously agreed to continue with the current independent auditors
for one more fiscal year (October 1, 1994 - September 30, 1995) audit period. The attached
engagement letter requires approval of the City Council. The not-to-exceed amount of the
audit is identified at the bottom of page 2, and the amount is $40,395.
RECOMMENDATION
Authorize the Mayor and City Clerk to execute the proposed engagement letter from
Hoyman, Dobson & Company, P.A., dated August 17, 1995, in the amount of $40,395.
HOYMAN, DOBSON & COMPANY, P.A.
CERTIFIED PUBLIC ACCOUNTANTS
215 Baytree Drive, Suite 1, Melbourne, Florida 32940 (407) 255-0088 Fax (407) 259-8648
Charles W. Hoyman, Jr.
Roger W. Dobson
Barbara 1. Oswalt
Eugene K. Bjeming
Thomas L. Kirk
Karen E. Kirkland
August 17, 1995
Mayor and City Council
City of Sebastian
Post Office Box 127
Sebastian, Florida 3295g
Dear Mayor and Council Members:
We are pleased to confum our understanding of the services we are to provide for the City of
Sebastian, Florida for the year ending September 30, 1995. We will audit the general.purpose
financial statements of the City of Sebastian as of and for the year ending September 30, 1995.
The combining statements by Fund type, schedule of grant financial assistance, if applicable, and
schedules will be subjected to the auditing procedures applied in the examination of the general
purpose financial statements. Our opinion on these statements and schedules will be expressed in
relation to the general purpose financial statements and schedules taken as a whole.
Our audit will be conducted in accordance with generally accepted auditing standards and the
standards for financial and compliance audits contained in the Gov..ernment..Auditing Standards
issued by the Comptroller General of the United States, and will include tests of the accounting
records of the City of Sebastian and other procedures we consider necessary to enable us to
express an opinion as to whether the financial statements are fairly presented, in all material
respects, in conformity with generally accepted accounting principles.
Our procedures will include tests of documentary evidence supporting the transactions recorded
in the accounts, and may include tests of the physical existence of inventories, and dh'ect
confirmation of receivables and certain other assets and liabilities by correspondence with selected
individuals, creditors, and financial institutions. We will request written representations from your
attorneys as part of the engagement, 'and they may bill you for responding to this inquiry. At the
conclusion of our audit, we will also request certain written represemations from you about the
financial statements and related matters.
American Institute of Certified Public Accountants & Florida institute of Certified Public Accountants
Private Companies Practice Section of the A.I.C.P.A. & Accounting F'rrms Associated, Inc.
City Council
City of Sebastian
Page Two
An audk includes examining, on a test basis, evidence supporting the amounts and disclosures in
the financial statements; therefore, our audit will involve judgment about the number of
transactions to be examined and the areas to be tested. Also, we will plan and perform the audit
to obtain reasonable assurance about whether the financial statements are free of material
misstatement. However, because of the concept of reasonable assurance and because we will not
perform a detailed examination of all transactions, there is a risk that material errors, irregularities,
or illegal acts, including fraud or defalcations, may exist and not be detected by us. We will
advise you, however, of any matters of that nature that come to our attention. Our responsibility
as auditors is limited to the period covered by our audit and does not extend to matters that might
arise during any later periods for which we are not engaged as auditors.
Our audit will also be made in accordance with Chapter 10.550 and Chapter 10.600, Rxtles of the
Auditor General and other applicable requirements of Florida law.
We understand that you will provide us with the basic information required for our audit and that
you are responsible for the accuracy and completeness of that information. We will advise you
about appropriate accounting principles and their application and will assist in the preparation of
your financial statements, but the responsibility for the financial statements remains with you.
This responsibility includes the maintenance of adequate records and related internal control
structure policies and procedures, the selection of accounting principles and the safeguarding of
assets.
We understand that your employees will type all cash and other confirmations we request and will
locate any invoices selected by us for testing.
Our audit is not specifically designed and cannot be relied on to disclose reportable conditions,
that is, significant deficiencies in the design or operation of the internal control structure.
However, during the audit, if we become aware of such reportable conditions or ways that we
believe management practices can be improved, we will communicate them to you in a separate
letter.
We expect to begin our audit on approximately November 13, 1995 and to issue our report no
later than ilanuary 15, 1996.
Our fees for these services will be based on the actual time spent at our standard rates. Our
standard hourly rates vary according to the degree of responsibility involved and the experience
level of the personnel assigned to your audit. Based on our preliminary estimates, the fee will not
exceed $407395. If the City elects to prepare the audit schedules as outlined in Appendix A, the
fee will be reduced accordingly. This estimate is based on anticipated cooperation from your
City Council
City of Sebastian
Page Three
personnel and the assumption that unexpected circumstances will not be encountered during the
audit. Should it appear we would be required to perform any services your personnel have been
assigned, to allow for an efficient and timely engagement, or if we see areas where the task
undertaken is not as anticipated, we will consult with you to determine if our firm or your staff
will take the action necessary to complete the assignment. We will provide a change order
(Appendix C) for your signature and authorization if we are requested to complete the
supplementary services. Our invoices for these fees will be rendered each month as work
progresses and are payable on presentation.
We appreciate the opportunity to be of service to the City of Sebastian and believe this letter
accurately summarizes the significant terms of our engagement. If you have any questions, please
let us know. If you agree with the terms of our engagement as described in this letter, please sign
the enclosed copy and return it to us.
I-Ioyman, Dobson & Company, P.A_
RESPONSE:
This letter correctly sets forth the understanding of the City of Sebastian.
BY:
DATE:
CITY OF SEBASTIAN
AUDIT SCHEDULES TO BE PREPARED BY CLIENT FYE 913019S
1. Trial balance for each fund for the period ending August 31, 1995 by
O9/30/95.
2.. Trial balance for each fund for the period ending September 30, 1995
3. List of all attorneys (including addresses) used by the City for the period
10/01/94 through 09/30/95.
4.. List of all known possible contingencies at year end.
5. List of all bank accounts opened and/or closed (including addresses) for the
period 10/01/94 through 09/30/95.
6. The following forms reviewed and updated by the City:
a. Internal control procedures forms and
b. Microcomputer system control form.
7. Copies of the approved 94-95 budget, any amendments to the budget and a
copy of the advertisement announcing final public hearing for the budget.
8.. Copies of all grant documents for which monies were received or
expenditures made for. the period 10/01/94 through 09/30/95
9.. Beginning and ending check numbers for all bank accounts
10. Review and update confirmation listing for additions/deletions and address
corrections.
11. Bank reconciliations for all bank accounts. Schedule of allocation of
consolidated (SBA) account. Schedule of interbank transfers
12. Schedule of allocation of interest earnings from consolidaied (SBA) account.
Schedule of interbank transfers.
13. Schedule of accounts receivable for all funds as of September 30, 1995
14. Property and equipment reconciliation including current year additions and
deletions.
15.. Depreciation schedule for enterprise funds including current additions and
deletions
16. Analysis of due from and due to other fund accounts.
250
lO0
250
300
50
5O
400
200
5O
CITY OF SEBASTIAN
AUDIT SCHEDULES TO BE PREPARED BY CLIENT FYE 9/30/95
PAGE TWO
17. Analysis of operating transfers in and out to other fund accounts.
18. Analysis of accrued wages and compensated absences.
19. List of outstanding ~ certificates for the golf course.
20. Analysis of all reserved and designated fund balance accounts.
21. Analysis of investments in general fixed assets including additions and
deletions.
22. Analysis of general long-term debt account group, including addition~ and
deletions.
23. Employee and employer contributions for all per, ion pla. m for the period
10/01/94 through 09/30/95.
24. Water consumption report for the period 10/01/94 through 09/30/95.
25. Payroll reconciliation to payroll tax returns including salaries and payroll
taxes.
26. Budget versus actual comparison.
27. The items on Appendix B for compliance with Florida Laws.
28. Completion of all of the audit schedules to be prepared by client no later than
12/01/95.
TOTAL
50
150
100
5O
50
100
50
150
300
1,500
$ 3,850
Our tentatively scheduled start date for preliminary fieldwork is in September, 1995. We would
like to begin testing compliance with Florida laws at that time.
Finance
DE$CKIPTION.. OF ITEMS NEEDED
1)
2)
3)
One copy of the cover letter and certified mail receipt sent with
each of the following:
a) two copies of annual audit (prior fiscal year) with
management's written response to the Office of the
Auditor General,
b) Annual Financial Report (prior fiscal year) filed with the
Division of Banking and Finance and
c) Police and fire fighters state pension reports (current fiscal
year) - state law plan and local law plan.
One copy each of the following reports with copies of the
certified mail receipts filed with the State Division of Bond
Finance for each bond sale:
a) advance notice of bond sale,
b) bond information form,
c) bond disclosure form - competitive sale and
d) bond disclosure form - negotiated sale.
One copy of Treasury Form for public deposits with a copy of
the certified mail receipt for the current fiscal year.
4)
5)
6)
7)
a)
b)
Copies of the general ledger for each fund that has incurred
significant travel and entertainment expenditures for the current
fiscal year. In addition, the related expense files to support these
amounts.
One copy of the Budget Adoption Schedule for the next fiscal
year.
One copy of the resolution or ordinance adopting the budget for
the next fiscal year.
millage rate and
budget
One' copy of the cover letter and certified mail receipt sent with
the above mentioned resolutions or ordinances to the following:
a) property appraiser,
b) tax collector and
c) Department of Revenue
AI'FI::ffiUIA D
CITY OF SEBASTIAN
COMPLIANCE WITH FLORIDA LAWS DOCUMENTATION TO BE PROVIDED BY CUENT
PAGE TWO
s)
9)
One copy of the complete ~ Compliance Certification package
with a copy of the certified mail receipt
a) Certification of compliance DR-487,
b) Certification of taxable value DR-420,
c) ordinance/resolution adopting millage rate,
d) ordinance/resolution adopting budget,
e) final budget hearing ad,
f) proof of publication from newspaper,
g) budget summary ad (entire page from newspaper),
h) proof of publication of budget summary ad and,
i) copy of final DR-422, if issued.
One copy of the letter of receipt and compliance from the
Department of Revenue regarding TRIM compliance.
One copy of the letter/report received from the Supervisor of
Elections or Commission on Ethics indicating the City officials
who filed financial disclosure forms for the current fiscal year.
One copy of the Contraband Quarterly Reports for the current
fiscal year.
Client
Year Ended
HOYMAN, DOBSON & COMPANY, P.A.
CHANGE ORDER
Proposed by.
Date Prepared
At this time we anticipate having to perform the following services ha order to complete your year
end and financial statements:
Reason for requiring the change order
Nature of work to be performed
Discussion with client
Estimated cost of change/
additional work
Accountant Rate Estimated E~timated
Hours Totals
You will be billed for the actual time expended on the services at our normal hourly rates.
The terms and conditions of payment will be the same ~s in our engagement letter.
Any revision of timetable
Approved: Accepted:
Manager Client
Director Date
HOYMAN, DOBSON & COMPANY, P.A.
CHANGE ORDER
PAGE TWO
Rejected:
Manager
Director Date:
Keason:
Kejected:
Client Date:
I do. not want Hoyrnan,. Dobson & Company, P.A. to do the additional services reqUired. I will'be
responsible for getting our personnel to perform the services. I realize that this will cause a delay
in delivery of our financial statements and tax returns.
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT:Award of Contract for ) Agenda No.
U. S. 91 Median
Landscaping Project
Approved for Submittal By:
CityManager ~_~-~
Dept. of Origin
Public Works Dir.
Date Submitted:
Public Works
09-05-95
For Agenda of
09-13-95
Exhibits: Summary Sheet of Bids,
Bid, and Contract Documents,Pub.Wks.Memo
8/16/95. Comm .... p~v, Memo 8/28/95
EXPENDITURE
REQUIRED:
AMOUNT APPROPRIATION
$55,548.45 BUDGETED: $104,697 REQUIRED: 0
SUMMARY STATEMENT
The bids for landscaping ten (10) islands in the median of U.S.
Highway ~1 within the Sebastian City Limits were opened on August
8, 1995. The seven bids that were received as shown on the attached
exhibit were reviewed by the Bid Review Committee on August 11. Due
to the spread between the first three bidders, the Committee
decided to request additional information such as the date the
business was established, number of employees, and major
landscaping jobs completed. After the information was received, it
was reviewed when the Committee reconvened on August 28th. As a
result, the Committee recommended that the contract be awarded to
the low bidder, Natureland Landscaping of Vero Beach, Florida.
RECOMMENDED ACTION
It is recommended that the City Council move to award the contract
for the U.S. ~1 Median Landscaping Project to Natureland
Landscaping of Veto Beach in the amount of $55,548.45 and for a
time of completion of 60 consecutive calendar days following the
issuance of the Notice to Proceed.
I
~ I
I
I
I
I
I
i
;- I
U.S. 1
BID FORM
MEDIANS i~%NDSCAPING
TO:
City Clerk's Office
Sebastian City Hall
1225 Main Street
Sebastian, Florida
(407) 589-5330
32958
DATE: ~'~7 , 1995
BIDDER:
(Type or Write in Name of Bidder)
The undersigned Bidder proposes and agrees, if this Bid is accepted, to
enter into an Agreement with the City of Sebastian to install landscape
materials in 10 medians (lettered "A - J") of U.S. 1 within the City
limits in accordance with the plan and specifications at the unit
shown 2 and 3 of the Bid Form.
prices
as
on
Pages
The total time for completion of the work will be ~
consecutive calendar days after the commencement of work, and shall
constitute the total "Contract Term" should this bid be accepted and
approved by the City of Sebastian.
SUBMIT YOUR BID IN A SEALED ENVELOPE MARKED AS FOLLOWS:
U.S. 1 MEDIANg LANDSCAPING
YOUR BID MUST BE SUBMITTED TO THE CITY CLERK'S OFFICE AT SEBASTIAN CITY
HALL, 1225 MAIN STREET, SEBASTIAN, FL 32958, NO LATER THAN 2:00 P.M. ON
TUESDAY, August 8th, 1995.
BID ACKNOWLEDGE~NT
The above unit price shall be considered as a firm bid price not
subject to price adjustment unless Bidder's provisions for price
escalation are stated on a separate sheet attached to the Bid.
C o
The Bidder acknowledges that the prices will remain firm for sixty
(60) days following the date of this bid.
The Bidder has acknowledged Addenda issued by the City of
Sebastian Public Works Department on Page 4 of 4.
U.S. 1 Medians Landscape Bid Form
Page 1 of 4
I
ADDENDA ACKNOWLEDGEMENT I
The underoigned~ Bidder acknowledges that he has received the following
Addenda
for
this oroject ~o~ the submittal of this bid and that~ ~ork I
called for in the~e Addenda i= included in the prices above.
Addendum No. Da~ed Signature and Title I
D. The Bidder acknowledges the insurance requirements as stated on I
Pages 4 and ~ of the Agreement and agrees to furnish the City with
the necessa~£ proof of insurance if awarded the contract or i
otherwise be prohibited from entering into the Agreement with the
City.
Submittal For Bids As Required By "Instructions for Bidders" I
1. Six (6) co~ies of ~he completed Bid Form are to be submitted.
(Typed or in ink) I
2. One (1) copy of required contractor's licenses shall be
submitted.
3. One (1) copy of the completed Public Entity Crimes Form =hall ·
be submitted.
4. One (!) copy of the completed Drug-=ree Workplace Form shall
be submitted. I
......... Respectfully Submitted By:
State whether Bidder is a Corporation, -- I
General Partnership, Limited Partnership,
~ol,_~ Proorietorshipgr Other on the line below:
Printed or tins_ed name
Title
U.S. 1 Medians Landscape Bid Form
Page 4 of 4
DRUG-FREE WORKPLACE FORM
The undersigned Contractor, in accordance with Florida Statute
Name of Business
does:
Publish a statement notifying employees that the unlawful
manufacture, distribution, dispensing, possession, or use of
a controlled substance is prohibited in the workplace and
s9ecify±ng the actions that will be taken against employees
for violations of such prohibition.
'7
Inform employees about the dangers of drug abuse in the
workplace, the business's policy of maintaining a drug-free
workplace, any available drug counseling, cehabi!itation,
employee assistance programs and the pena!~ies that may be
imposed upon employees for drug abuse violations.
b~v~ each employee engaged in providing the commodities or
con~ractura! services that are under bid a copy of ~he
statement specified in Paragraph 1.
In the statement specified in Paragraph 1, notify the
employees that, as a condition ,Df working on the commodities
,Dr contrac~ural se~ices that are under bid, the employee will
abide by the terms of the statement and will notify the
employer of any conviction of, or plea of guilty or nolo
contendere to, any violation of Chapter 1893 or of any
controlled subsmance law of the United States or any state,
for a violation occurring in the workplace no later than five
($) days after such conviction.
Impose a sanction on, or require the satisfactorY
participation in a drug abuse assistance or rehabilitation
program if such is available in the employee's community, by
any employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug-free
workplace through implementation of Paragraphs 1 thru 5.
As the person authorize~}o s~ t~i~s statement, I certify that
this firm complies ful!~~ I~e~ve requirements.
Bidder's ~nature
THIS FORM TO BE SUBMITTED WIT~ THE BID.
WORN STATEM'ENT UNDER SECTION 28'2'. 133(3)(a),
FLORIDA STATU'I"F~, ON PUBLIC F~N'ITTY CRIMES
THIS FORM MUST BE SIGNED iN THIE PRF_~ENCE OF A NOTARY PUBLIC OR OTHER
OFFICER AUTHORIZED TO ADMINISTER OATHS.
This sworn statement is submitted with Bid, Pmpo.,at or Contract with the City of Sebastian, Flor/da dated
and
(If the entity bas no FI~IN, include the So~ial Security Number of the individual signing this ~uora sra~tement:
My aurae is ..
named above is
,.)
[ undemand tl~t 'convicted' or 'ermvictio~' as defined in P~r~gr~ph 287.123(1)O), ~
means a finding of ~ullt or a c~mvicdon of a lmblic entity crime, with or without an adjudication of gut/It, in
any federal or same trial cotnt of record relating tn ~ l>wught Dy indictment or inform°dolt after July [,
tggg, as a rc~it of a jtnT verdict, aonjury ~'ial, or en~t?' of a pla of gmlty or nolo conteadc-m.
6. I' under,stand that an 'affillam' as defined in Pa.--~n-aph 287.133(1)(a), Florida
I. A pred~-,'~sor or m~r of a person convicted of a public ~adty crime: or
2. An entity °rider the ermtml of any aatttral per~n who is active in the management of the ~ndty and who
has b¢¢~ convictext of a public entity crime. The term 'affiliate" inctud~s those office,m directors, executives,
permits, shm'etaolde,m, employees, members, and agents who are active in the management of an affiliate.
The ownm-skip by one p~rson of shur~s constituting a controlling interest in another person,, or a p~olin$ of
~quipmcot or income among p¢~so~ wi°ca not f'cn- fair market value under an arm's lengda agreement, shall
bca pm t'acie case th~ one person controls another l~'"r'son. A person who knowingly enters into a joint
vemmr~ with a pet-son who lasts bee° co-vic~ed of a public ~ntity crime in Florida during thc I:n'*c~ing 36
7. [ understand that a 'person' as defwed in Paragraph 187.133(1)(~) Flor/da Statute~menns any natural
person or ~mtity org'amzed under thc law~ of any state or of the United State~ with thc legal power to ~mtew
I undewsmnd the a 'public entity c-wime' as defined in Prat°graph 287. i33(1)(g), ~ umc~ms a
viotu0ou o~ ~y ~m or F~ law by a ~u ~ ~t m md di~tly mtat~ m ~e ~fion of
bmm~ ~ ~y pubic ~fiW or ~ ~ ~g~ or ~fifi~ mbdivision of my o~ rote or ~ ~e Um~
SL~. ~ctud~g, but not l~ ~. ~y bid ~ ~n~ct for g~ or sc~ic~ to ~ pmvid~ ~ ~y public
~fi~ or m ag~cy or ~Hfi~ m~i~don of my o~ s~ or of ~e Unit~ Smt~ ~d ~volv~g md~.
into a binding cootrac: ~d which b~ds or applies ~o bid o~ contracts ,;or ~h~ provisioo oF g~ds or ~c~ let
by a public enuty, or wMcb o~e~i~ t~c~ or appii~ to t~c: b~m~ wi~ a public enti~. ~ne ~
'~o' ~c!ud~ ~o~ o~, dimto~, cx~tiv~, aa~c=, ~arcboidc~, employs, mc~, ~d
a~en= who a~ ~t:ve m ~g~t of ~ =ti~.
Ba~e~ on information and beiie£ the statement wtaicia [ aave ,-naricex~ below is
~Nei~ ~e ~ti~ ~b~nmg ~s ~o~ ~mtemem. nor ~y offic=~.
sharehotd~. :m~toy~, mem~. or ag~ who ~ <~ve m ~a~ement of ~e entiw, nor ~y a~iam of
· e eaU~ have ~n c~g~ ~ ~d ~nvic~ of a public ~ti~ creme ~Os~uen~ to July L t989.
The entity mbmirmag ~b, is sworn smtemmat, or on~ or mo~ o( ~e o~c~, dirking, ex~ativ~,
~c~, s~hoid~, e~loy~, m~, or ag~ who ~ ~:ive m ~ge~t of ~ ~u~, or ~
of ~ ~tl~ ~ ~ c~g~ ~ ~d ~vi~ of a pubtic enn~ c~m~ ~u~t ~ ~uty i, t989,
~on~, Di~si~ of Ad~ve H~gs. %e ~ o~r ~te~ by ~c h~g o~ did nor
Date:
?ER$ONAL.LY APP~-~dU~D BEFORE ME, ~e unacrmg~ed authority,
[rmme of ~adi¥,riu~
m the ~pace provide~i above on this
who, aft_--, firs~ being sworn by
~y of ~ , t99~
My commission expires:
AP P E~D.L'"X a2
.' I
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DATE IssuED:
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P1-23 Revisml 1/91
Ue
S. 1
CONTRACT DOCUMENTS
AND SPECIFICATIONS
FOR THE
MEDIAN LANDSCAPING
PROJECT
PREPARED BY THE
CIT]~ OF SEBASTIAN
DEPARTMENT OF PUBLIC WORKS
JULX, 1995
City of Sebastian
1225 MAIN STREI:T [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
NOTICE OF iNViTATION TO BID
SEALED BIDS FOR THE INSTALLATION OF LANDSCAPE MATERIALS
(TREES, SHRUBS, GROUND COVERS, SOD, MULCH, SOIL MIXTURES,
FERTILIZER AND CHEMICALS) FOR THE MEDIANS ON U.S. 1 IN THE
CITY OF SEBASTIAN.
Bid Envelopes are to be marked as follows:
BID: U.S. 1 MEDIAN LANDSCAPING
The City of Sebastian is seeking bids for the installation of
landscape materials in the medians of U.S. 1 in the City of
Sebastian. Please refer to landscape bid breakdown form for
quantities of specific trees, shrubs, ground covers, sod, mulch,
soil mixtures, fertilizer and chemicals.
The Contractor shall be responsible for traffic control, advanced
warning signs, and all landscape materials, equipment and personnel
to install landscaping. Prospective bidders must contact the City
Clerk's office in person, by mail at the above address, or by
telephoning (407) 589-5330 for bidding documents and
specifications. Bidding documents and specifications shall be
obtained solely from the City Clerk's office for a non refundable
fee of $5.00 payable to the City of Sebastian. Return of the
documents are not required. Blue prints are available for review at
the Engineering office. Questions concerning bid specifications and
documents should be directed to Chris McCarthy, Parks and
Recreation Foreman, at (407) 589-5490. No Bid, Performance, and
Payment Bonds are required. Contractors must be registered with the
City of Sebastian Community Development Department.
Bids will be publicly opened and read aloud at 2:00 P.M. on August
8th, 1995 in the City Council Chambers. Any bids received after the
time and date specified will not be considered. The City reserves
the right to reject any and all bids.
BY: KATHRYN M. O'HALLORAN
CITY CLERK
CITY OF SEBASTIAN
PUBLISH PRESS JOURNAL
DATE_July 14th, 1995
SCOPE OF WORK
FOR
U S 1 MEDIAN LANDSCAPING
The scope of work shall include all labor, supervision, materials,
tools, equipment, mobililization and demobilization, clean up,
traffic safety, insurance, bid preparation, utility locates,
sanitary facility provisions, and other related costs to properly
install all of the plants required and as shown on the drawings for
the U.S. 1 Median Islands "A" through "J" from the south to the
north City limits. The total cost for the work to be accomplished
shall be fully incorporated in the unit prices which appear on the
Bid Form.
The Bidder is advised that the quantities which appear on the Bid
Form are approximate only and should be verified by the Bidder
prior to the preparation of the Bid. The Bidder is welcomed to view
the 24" x 35" plans prepared by Landscape Architect Brad Smith
Associates of Melbourne, FL at the City of Sebastian Department of
Public Works/Engineering office. Full size blueprints are available
upon request for $1.25 per sheet.
The Bidder's attention is directed toward Island "G" which is the
only island on which native vegetation should be planted in
substitute for those plants shown on the original architectural
drawings.
It is suggested that all Bidders include in their unit price bid
the rental of a lighted arrow board to be used throughout the
duration of the planting installation to divert motorists away from
a closed travel lane where the Bidder's employees and equipment
will be working.
It is suggested that all planting be accomplished in 75 days or
less. The time frame for completion of the work shall be determined
by the individual bidder.and shall be written on the appropriate
line in the Bid Form. Time of performance shall be one of the
considerations in awarding the contract. The City shall be
responsible for providing water to all islands at no cost to the
Contractor based upon the irrigation system it has installed. The
Contractor shall be responsible for determining the watering
frequency and duration for each island.
INSTRUCTIONS FOR BIDDERR
REOUIRED COPIES
Ail bids shall be submitted on the Bid Forms provided by the
City with six (6) copies.
o
SEALED BIDS
Bids shall be enclosed in a sealed envelope which shall show
the date and time for the opening of the bids, the name of the
bid, and the name and address of the Bidder.
BID~ NOT CONSIDERED
Late bids, telegraphed, or FAXed bids will not be considered.
However, bids may be withdrawn by telegraphic or FAX notice,
providing such notices are received prior to the hour and date
specified on the bid.
BID OPENING
Bids must be received at or before the specified time of
opening as designated on the Notice of Invitation to Bid.
Bidders are welcome to attend; however, attendance is not
mandatory. Bids will be immediately opened after the time
designated in the Notice of Invitation to Bid and publicly
read aloud, providing one or more Bidders are in attendance.
A bid tabulation will be furnished upon request after the bids
have been reviewed and analyzed by the Bid Review Committee.
BiD EXAMINATION
Bid files may be examined during normal working hours, ten
(10) days after bid opening by appointment.
~ROUIR~.D INFORMATION
Bidders shall follow all instructions and provide all
information requested on the Bid Forms. Contractors wishing
to qualify all or any portion of the bid shall provide a hand
printed or typed explanation on the bid or separate attachment
to be submitted with the bid.
~CCEPTABLE BIDS
Bid proposals shall be typewritten or filled in with ink.
Proposals having erasures or corrections must be initialed by
the Bidder in ink.
Page 1 of 5
U.S. 1 Median Landscaping Bid
10.
11.
INSTRUCTIONS FOR BIDDERS
NEW MATERIALS
Prices shown on the bids must be prices for new materials.
Although the City of Sebastian is exempt from Federal and
State Sales and Use Taxes, vendors or contractors doing
business in Sebastian are not exempted from paying sales tax
to their supplier for materials to fulfill contractual
obligations with the City nor shall any vendor/contractor be
authorized to use the City's Tax Exemption Number in securing
such materials.
gONFLICT OF INTEREST
The award is subject to provisions of State Statutes and City
Ordinances. Ail Bidders must disclose with their bid the name
of any officer, director, or agent who is also an employee of
the City of Sebastian. Further, all Bidders must disclose the
name of any City employee who owns, directly or indirectly, an
interest of ten percent (10%) or more in the Bidder's firm or
any of its branches. Should the successful Bidder permanently
or temporarily hire any City en~loyee who is, or has been,
directly involved with the Bidder prior to or during
performance of the resulting contract, the contract shall be
subject to immediate termination by the City.
LICENSING AND/OR REGISTRATION REOUIREMENTS
Contractors must show their current occupational license and
be up to date if their business is located within the
Sebastian City limits. If the Bidder is a State Certified
General Contractor, the Bidder must be registered with the
City of Sebastian. if the Bidder is a State Registered General
Contractor, then the Bidder must hold a Competency Card with
the City. Should there be any uncertainty as to the licensing
and/or registration status with the City, the Bidder shall
contact the Administrative Assistant at the Community
Development Department. The Bidder shall submit with the
Bidding Documents one (1) cody of all licenses as required.
Failure to submit evidence of licenses shall result in the
rejection of the bid. Federal, State, and City laws,
ordinances, rules and regulations that in any manner affect
the items covered herein apply. Lack of knowledge by the
Bidder shall in no way be a cause for relief from
responsibility.
Page 2 of 5
U.S. 1 Median Landscaping Bid
12.
13.
14.
15.
INSTRUCTIONS FOR BIDDERS
PROHIBITION A~AINST DiSCRImINATION
Contractors doing business with the City are prohibited from
discriminating against any employee, applicant, or client
because of race, religion, color, disability, national
origin, gender, or age with regard to but not limited to the
following: employment practices, rates of pay or other
compensation methods, and training selection.
In the event of mathamatical errors, the correct totals will
prevail and the Bidder's total will be corrected accordingly.
Bidders must check their bid proposal where applicable.
Failure to do so will be at the Bidder's risk. Bids having
erasures or corrections must be initialed in ink by the
Bidder.
If, within two business days after the Bids are opened, and
Bidder who files a duly signed, written notice with the City
Clerk's Office, and promptly, thereafter, demonstrates to the
reasonable satisfaction of the City that there was a material
and substantial mistake in the preparation of the Bid, that
Bidder may withdraw his/her bid.
WITHDRAWAL OF FUNDS
The obligations of the City of Sebastian under this award are
subject to the availability of funds lawfully appropriated for
its purpose by the City Council of the City of Sebastian.
16.
PUBLIC ENTITY CRIMES
Any person submitting a bid/proposal in the response to this
invitation must execute the attached SWORN STATEMENT UNDER
SECTION 287.133, FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES,
Form PUR. 7068, including proper check(s) in the space(s)
provided, and enclose it with said bid/proposal.
Page 3 of 5
U.S. 1 Median Landscaping Bid
INSTRUCTIONS FOR BIDDERS
17. DRUG-FREE WORKPLACE
18.
19.
20.
21.
The Drug-Free Workplace form, in accordance with Section 20 of
the Agreement and as attached hereto, shall be submitted with
the Bid Form.
BID GUARANTEE
The Bidder warrants that the unit prices, terms, and
conditions quoted in his/her bid will be firm for acceptance
for a period of not less than sixty (60) days from the bid
opening date. Such prices will remain firm for the period of
performance of resulting purchase orders or contracts which
are to be performed.
The contract will be awarded to the lowest responsible Bidder
or Multiple Bidder(s) whose bid, conforming to the
specifications and Instructions For Bidders, will be most
advantageous to the City in consideration of price and other
factors as determined by the Bid Review Committee.
REJECTION OF BIDS
The city reserves the right to reject any and all Bids, to
waive any and all informalities not involving price, time, or
charges in the work and to negotiate contract terms with the
successful Bidder, and the right to disregard all non-
conforming, non responsive, unbalanced, or conditional Bids.
More than one Bid from an individual, firm, partnership,
corporation, or association under the same or different names,
will not be considered. Any or all proposals will be rejected
if there is reason to believe that collusion exists among the
Bidders and no participants in such collusion will be
considered in future proposals for the same work.
The One (1) year term as stated on Page 4 of the Agreement is
NOT APPLICABLE for this project. The term shall be the number
of calendar days the Contractor has designated on the Bid Form
to complete the project.
Page 4 of 5
U.S. 1 Median Landscaping Bid
INSTRUCTION TO BIDDERS
22. BID. PERFORMANCE AND PAI94ENT BONDS
No Bid Bond, Performance Bond, and Payment Bond shall be
required for this project. The Bidder shall refer to Paragraph
12 entitled "Performance and Payment Bonds" found on Page 7 of
the Agreement.
23._INSURANCE
The Contractor shall provide the required types and amounts of
coverage of insurance as stated on Pages 5 and 6 of the
Agreement if awarded the contract. Failure to do so shall
result in the rejection of the Contractor to enter into
Contract with the City. The City reserves the right to enter
into Contract with the next lowest responsible bidder meeting
all of the insurance requirements. The contractor shall
include the cost of procuring and maintaining the type and
amounts of insurance coverage for the limit of the contract in
his/her unit bid price.
Page 5 of 5
U.S. 1 Median Landscaping Bid
U.S. 1 MEDIANS LANDSCAPING
SPECIAL TERMS AND CONDITIONS
COMMENCEMENT OF WORK
The contractor shall begin work within ~
calendar days of written notice to proceed by the
city.
CONTRACT TIME
The contract time for completion of work shall be
written in the line item provided on the Bid Schedule
and shall be incorporated into the contract w~th the
City if the Contractor is selected to perform the work.
CONSTRUCTION SCHEDULE
Fi~ (5). e~lendar days before commencing work, the
Contractor shall submit a construction schedule
reflecting all the working operations within the scope
of the work described in this contract. Said
construction schedule is subject to approval by the
City. The schedule shall be a bar graph with time for
completion of the medians landscaping shown in weeks.
L!OUIDATED DAMAGES
The City shall be entitled to liquidated damages in the
amount of Fifty Dollars (~501 per day for every day
that the Contractor is late in completing the work
described in this contract. Said damages shall be
deducted by the City from monies due Contractor.
LOCATION OF EXISTING IRRIGATION SYSTEM AND ELECTRICAL CABLES
Ail existing irrigation system piping and electric cables
installed by the City shall be located by the City prior to
the Contractor starting work. The Contractor shall contact
the City at least Q~ prior to commencing any work
within the U.S. 1 right of way. The Contractor shall be
responsible for the repair and/or replacement of irrigation
piping and electrical cables which he/she damages during
the course of construction.
TRAFFIC CONTROL
Ail safety precautions, traffic control, and warning devices
necessary to protect the public and workmen from hazards
within the U.S.Highway No. 1 right-of-way shall be in strict
U.S. 1 MEDIANS LANDSCAPING - SPECIAL TERMS & CONDITIONS
PAGE 1 OF 2
o
· accordance with SECTION 102, MAINTENANCE OF TRAFFIC, in the
Florida Dept. of Transportation Std. Specifications for Road
and Bridge Construction, 1991 Edition. Flagmen may be
required for construction operations if deemed necessary by
the City Public Works Dept.
SANITARY FACILITIES
The Contractor shall provide sanitary facilities on site
acceptable to the Florida State Board of Health for his
work crews during the course of construction.
FINAL CLEAN-UP AND REPAIRS
The work will be considered complete only after all debris
and unused material due to or connected with the work have
been removed and the surrounding area left in a condition
satisfactory to the City Public Works Dept. In the event
the City finds that the Contractor has been negligent in
keeping the job site clean, the City may, after twenty-four
(24) hours give written notice to the Contractor to correct
the situation, and elect to have the job site cleaned by an
independent labor force. The cost of cleaning by said
independent labor force shall be deducted from monies due
the Contractor. Final payment will be withheld until such
clean-up and repairs are completed.
Retainage for each partial payment and any materials
storage shall be ten (10) percent of the total amount of
payment. No retainage shall be held at final payment.
PRE-CONSTRUCTION CONFERENCE
The City Public Works Dept. shall hold a pre-construction
conference at Sebastian City Hall at a time and date
mutually agreed upon with the Contractor after the contract
has been awarded and fully executed.
There are no permits required for the installation of the
landscape materials in the U.S. 1 medians.
U.S. 1 MEDIANS LANDSCAPING - SPECIAL TERMS & COS~ITIONS
PAGE 2 OF 2
FOR THE U.S. 1 MEDIAN LANDSCAPE BID
THIS AGREEMENT, made this day of , 1995 by and
between the City of Sebastian, a Municipal Corporation organized
and existing under the laws of the State of Florida (hereinafter
called the "City"), and - ,
or its successors, executors, administrators, and assigns
(hereinafter called "Contractor"):
W I TNE S SETH:
The City and Contractor for good and valuable consideration as
hereinafter set forth, do mutually agree as follows:
1, ScoRe of Work. Contractor agrees to furnish all
materials, labor, supervision, and services necessary to complete
the Work as described in the contract documents (the "Contract
Documents") and agrees to complete the Work in a workmanlike manner
in accordance with all applicable codes and in full compliance with
the Contract Documents.
2. Contract Documents~
(a) The Contract Documents consist of this Agreement,
Notice of Invitation to Bid, Instructions for Bidders, Special
Terms and Conditions, Bid Form, all drawings, .specifications,
addenda issued prior to the execution of this Agreement, other
documents listed in this Agreement and modifications issued after
execution of this Agreement. The Addenda, if any, are as follows:
. The
intent of the Contract Documents is to include all items necessary
for the proper execution and completion of the Work by Contractor.
The Contract Documents are complimentary, and what is required by
one shall be binding as if required by all; performance by
Contractor shall be required only to the extent consistent with the
Contract Documents and reasonably inferable from them as being
necessary to produce the intended results.
(b) The Contract Documents shall not be construed to
create a contractual relationship of any kind (1) between the City
and a Subcontractor or a Sub-subcontractor, or, (2) between any
persons or entities other than the City and Contractor.
(c) The term "Work" means the construction and services
required by the Contract Documents, whether completed or partially
completed, and includes all labor, materials, equipment and
services provided or to be provided by Contractor to fulfill
U. S. 1 MEDIAN LANDSCAPE
Contractor's obligations hereunder.
whole or a part of the project.
The Work may constitute the
3. Contract Sum and Payment to Contractor.
(a) Contract Sum. The City shall pay to Contractor for
Contractor's performance hereunder, the amount(s) specified in the
Contract Documents (the "Contract Sum").
(b) Progress pa_vments. The City shall make progress
payments on account of the Contract Sum to Contractor as provided
below and elsewhere in the Contract Documents.
(i) Each Application for Payment by Contractor
shall be submitted to the City by the twenty-fifth (25th) day of
each month.
(ii) Provided an Application for Payment is received
by the City not later than the twenty-fifth (25th) day of a month,
the City shall make payment to Contractor not later than the tenth
(10th) day of the following month. If an Application for Payment
is received by the City after the application date fixed above,
payment shall be made by the City not later than ten (10) days
after the City receives the Application for Payment.
(iii) Final payment to Contractor is contingent upon
acceptance of the Work by the City.
(c) Reimbursable Exoenses, The provisions of Florida
law shall govern the reimbursement of per diem and travel expenses
to Contractor. Contractor shall not be reimbursed in excess of the
rates prescribed by law. Any request for reimbursement by
Contractor shall be accompanied by documentation which is, in the
reasonable opinion of the City, sufficient to establish the
expenditure on the part of Contractor.
4. Contractor's Obliaations.
(a) Contractor shall supervise and direct the Work,
using Contractor's best skill and attention. Contractor shall be
solely responsible for and have control over construction means,
methods, techniques, sequences and procedures and for coordinating
all portions of the Work under this Agreement, unless the Contract
Documents give other specific instructions concerning these
matters.
(b) Unless otherwise provided in the Contract Documents,
Contractor shall provide and pay for labor, materials, equipment,
tools, construction equipment and machinery, water, heat,
utilities, transportation, and other facilities and services
necessary for the proper execution and completion of the Work,
LANDSCAPE
!
!
whether temporary or permanent and whether or not incorporated or
to be incorporated in the Work.
(c) Unless otherwise provided in the Contract Documents,
Contractor shall pay all sales, use and other similar taxes and
shall secure and pay for all permits and governmental fees,
licenses and inspections necessary for proper execution and
completion of the Work.
(d) Contractor shall enforce strict discipline and good
order among Contractor's employees and other persons carrying out
the Work. Contractor shall not permit employment of unfit persons
or persons not skilled in tasks assigned to them.
(e) Contractor currently holds and shall maintain at all
times during the term of this Agreement all required federal, state
and lo~al licenses necessary to perform the Work required under the
Contract Documents.
(f) Contractor shall be responsible to the City for the
acts and omissions of Contractor's employees, Subcontractors and
their agents and employees, and other persons performing portions
of the Work under a contract with Contractor.
5. ~ Contractor warrants to the City that all
materials and labor furnished under this Agreement shall be free
from any and all defects for a period of one (!) year from the date
of completion of the Work, and that the Work will conform with the
requirements of the Contract Documents. Work not conforming to
these requirements, including substitutions not properly approved
and authorized, may be considered defective.
6. Correction of Work.
(a) Contractor shall, at no cost to the City, promptly
correct Work failing to conform to requirements of the Contract
Documents, whether observed before or after completion of the Work
and whether or not fabricated, installed or completed, and shall
correct any Work found to be not in accordance with the
requirements of the Contract Documents within a period of one (1)
year from the date of completion of the Work or by the terms of an
applicable special warranty required by the Contract Documents.
The provisions of this Paragraph 6 apply to the work done by
Subcontractors as well as to the Work done by direct employees of
Contractor.
(b) Nothing contained in this Paragraph 6 shall be
construed to establish a period of limitation with respect to other
U.S.1 MEDIAN LANDSCAPE
3
obligations which Contractor might have under the Contract
Documents. Establishment of the time period of one (1) year as
described in Subparagraph 6(a) above relates only to the specific
obligation of Contractor to correct the Work, and has no
relationship to the time within which the obligation to comply with
the Contract Documents may be sought to be enforced, nor to the
time within which proceedings may be commenced to establish
Contractor's liability with respect to Contractor's obligations
other than specifically to correct the Work.
7. Subcontracts.
(a) A Subcontractor is a person or entity who has a
direct contract with Contractor to perform a portion of the Work.
(b) A Supplier is a person or entity who has a direct
contract with Contractor to provide materials and/or supplies
required to perform a portion of the Work.
(c) Unless otherwise stated in the Contract D6cuments or
the bidding requirements, Contractor, as soon as practicable after
award of the Contract, shall furnish in writing to the City the
names of the Subcontractors and Suppliers for each of the principal
portions of the Work. Contractor shall not contract with any
Subcontractor or Supplier to whom the City has made reasonable and
timely objection. Contracts between Contractor and its
Subcontractors and Suppliers shall require each Subcontractor and
Supplier, to the extent of the Work to be performed by the
Subcontractor and the material and/or supplies to be provided by
the Supplier, to be bound to Contractor by the terms of the
Contract Documents, and to assume toward Contractor all the
obligations and responsibilities which Contractor, by the Contract
Documents, assumes toward the City.
8. Term~ The term of this Agreement shall be one (1) year
from the date of the Agreement unless otherwise specified in the
Contract Documents. The parties reserve the right to extend the
term of this Agreement for an additional term of one (1) year on
the same terms and conditions upon mutual written agreement.
9. ~ermination~
(a) F~. If Contractor defaults or persistently
fails or neglects to carry out the Work in accordance with the
Contract Documents or fails to perform a provision of this
Agreement, the City, after ten (10) days written notice to
Contractor and without prejudice to any other remedy the City may
have, terminate this Agreement.
(b) Without Cause. The City retains the right to cancel
this Agreement at any time, with or without good cause, upon
written notice to Contractor when such termination is deemed by the
City Council, or their designee, to be in the public interest.
U. S. 1 MEDIAN LANDSCAPE
(c) Payment Upon Termination. In the event of
termination as provided herein, Contractor shall be paid for
services performed through the date of termination, less damages
incurred by the City as a result of Contractor's failure to carry
out the work in accordance with the Contract Documents and
Contractor's failure to perform any provision of this Agreement.
10. ~ To the fullest extent permitted by law,
Contractor shall indemnify, defend and hold harmless the City and
the City's agents, servants and employees, from and against all
claims, damages, losses and expenses, including but not limited to
attorney's fees, arising out of or resulting from performance of
the Work, except for injuries, damages or claims which are the
result of the sole negligence of the City, its agents, servants, or
employees. Contractor hereby acknowledges that the obligations
imposed upon the City and the terms of this Agreement are the
specific consideration for the indemnification provided herein.
11. /~[Br,~Bf~ Contractor shall procure and maintain during
the life of this Agreement insurance of the types and subject to
the limits set forth below. Contractor shall also provide the city
with evidence of this insurance prior to commencement of the work
in the form of Certificates of Insurance which shall be subject to
the City's approval for adequacy.
(a) ~orkers' Commensatlon. Contractor shall purchase
from and maintain in any company or companies lawfully authorized
to do business in Florida, workers' compensation insurance for
protection from claims for damages because of bodily injury,
including death, and from claims for damages, other than to the
Work itself, to property which may arise out of or result from
Contractor's operations under this Agreement, whether such
operations be by Contractor or by Subcontractors or by anyone
directly or indirectly employed by any of them. This insurance
shall be written for not less than the limits of liability required
by law, and shall include contractual liability insurance
applicable to Contractor's obligations under Paragraph 10.
Coverage B, Employer's Liability, shall be written for a minimum
liability of $100,000.00 per occurrence.
(b) Commercial General Liabilitv. Contractor shall
provide and maintain during the life of this Agreement, at
Contractor's own expense, Commercial General Liability insurance
with a combined single limit of at least $300,000.
U. S. 1 MEDIAN LANDSCAPE
5
(c) Commercial Auto Liability. Contractor shall provide
and maintain during the life of this Agreement, at Contractor's own
expense, Commercial Auto Liability insurance with a combined single
limit of $300,000.
12. Performance and Payment Bond. "Section 255.05 of the
Florida Statutes requires that any bidder who obtains a contract
from a City to perform a public works project must post a
performance and payment bond unless the City waives such bond. In
the event the City waives the bonding requirements, the following
will apply:
(a) The successful bidder must present an insurance
certificate to the city that verifies workers' compensation
insurance, as required by Florida law and
(b) A general liability policy with the combined single
limit of at least $300,000 and
(c) A 10% retainer fee will be withheld until the
contractor presents an affidavit to the City that it has paid all
subcontractors, laborers and materialmen for the work which has
been performed and evidence from each subcontractor, laborer and
materialmen of such payment.
13. ~ssi=nment. Contractor shall not assign this Agreement
to any other persons or firm without first obtaining the City's
written approval.
14. ~ Ail notices, requests, consents, and other
communication required or permitted under this Agreement shall be
in writing and shall be (as elected by the person giving such
notice) hand delivered by messenger or courier service, or mailed
by registered or certified mail (postage prepaid) return receipt
requested, addressed to:
IF TO THE CITY:
City of Sebastian
Attn: Joel Koford, City Manager
1225 Main Street
Sebastian, Florida 32958
WITH A COPY TO:
Clifton A. McClelland Jr., P.A.
City Attorney
c/o Potter, McCelland, Marks and
Healy, P.A.
P.O. Box
Melbourne, Florida 32902-2523
LANDSCAPE
6
IF TO CONTRACTOR:
15. Tlme~ Time limits stated in the Contract Documents are
of the essence of this Agreement. By executing this Agreement,
Contractor confirms that the contract time is a reasonable period
for performing the Work.
16. ~onflict of interest.
(a) Contractor represents that it presently has no
interest and shall acquire no interest, either direct or indirect,
which would conflict in any manner with the performance of services
required hereunder, as provided by law. Contractor further
represents that no person having any such interest shall be
employed in performance of the Work.
(b) Contractor shall promptly notify the City in writing
by certified mail of all potential conflicts of interest prohibited
by existing state law involving any prospective business
association, interest or other circumstance which may influence or
appear to influence Contractor's judgment or quality of services
being provided hereunder. Such written notification shall identify
the prospective business association, interest or circumstance, the
nature of work that Contractor may undertake and request the
opinion of the City as to whether the association, interest or
circumstance would, in the opinion of the City, constitute a
conflict of interest if entered into by Contractor. The City
agrees to notify Contractor of its opinion by certified mail within
thirty (30) days of receipt of notification by Contractor.
If, in the opinion of the City, the prospective business
association, interest or circumstance would not constitute a
conflict of interest by Contractor, the City shall so state in the
notification and Contractor shall, at its option, enter into said
association, interest or circumstance and it shall be deemed to be
not a conflict of interest with respect to services provided to the
City by Contractor under the terms of this Agreement.
17. Comoliance With Ail AmDlicable Federal Laws. Contractor
shall comply with all applicable federal laws that in any way
regulate or impact the Work, including, but not limited to, The
Clean Air Act (42 USC §7506(c)), The Endangered Species Act (16 USC
§1531, e~ ~L~), Executive Order No. 11593, Executive Order No.
11988, Executive Order No. 11990, The Fish and Wildlife
Coordination Act (PL 85-624), The Safe Water Drinking Act Section
U.S.1 MEDIAN LANDSCAPE
1424(e) (PL 93-523, as amended), The Wild and Scenic Rivers Act (PL
90-542, as amended), The Demonstration Cities and Metropolitan
Development Act of 1966 (PL 89-754), Section 306 of The Clean Air
Act, Section 508 of The Clean Water Act, Executive Order No. 11738,
The Civil Rights Act of 1964 (PL 88-352), The Age Discrimination
Act (PL 94-135), Section 13 of The Federal Water Pollution Control
Act (PL 92-500), Executive Order No. 11246, Executive Order No.
11625, Executive Order No. 12138, Executive Order No. 12549, The
Davis Bacon Act (40 USC §276), the Occupational Safety and Health
Act and applicable regulations, and the Americans with Disabilities
Act (PL 101-336).
18. Li_cuidated Damages. In the event Contractor violates or
fails to perform any provision of the Contract Documents, then the
City may elect to receive as liquidated damages the amount(s)
specif±ed in the Contract Documents. It is expressly acknowledged
by Contractor that said payment shall not be interpreted nor
construed as a penalty but is in fact a good faith attempt to fix
damages which the City will suffer in the event Contractor fails to
perform as required hereunder or violates any provision of the
Contract Documents.
19. Bid. performance, and Payment Bonds.
required for this contract.
No bonds are
20. Dru=-Free Workplace. Contractor, in accordance with
Florida Statute 287.087, hereby certifies that Contractor does:
(a) Publish a statement notifying employees that the
unlawful manufacture, distribution, dispensing, possession, or use
of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for
violations of such prohibition.
(b) Inform employees about the dangers of drug abuse in
the workplace, the business's policy of maintaining a drug-free
workplace, any available drug counseling, rehabilitation, employee
assistance programs and the penalties that may be imposed upon
employees for drug abuse violations.
(c) Give each employee engaged in providing the
commodities or contractual services that are required hereunder a
copy of the statement specified in Subparagraph (a).
(d) In the statement specified in Subparagraph (a),
notify the employees that, as a condition of working on the
co~m~todities or contractual services that are required hereunder,
the .employee will abide by the terms of the statement and will
U. S. 1 MEDIAN LANDSCAPE
notify the employer of any conviction of, or plea of guilty or nolo
cont'endere to, any violation of Chapter 1893 or of any controlled
substance law of the United States or any state, for a violation
occurring in the workplace no later than five (5) days after such
conviction.
(e) Impose a sanction on, or require the satisfactory
participation in a drug abuse assistance or rehabilitation program
if such is available in the employee's community, by any employee
who is so convicted.
(f) Make a good faith effort to continue to maintain a
drug-free workplace through implementation of Subparagraphs (a)
thru (e).
21.
warrants:
public Entity Crimes~
(a) Contractor hereby acknowledges,
represents and
(i) That a "public entity crime" as defined in
Paragraph 287.133(t)(g), Florida Statutes, means a violation of any
state or federal law by a person with respect ~o and directly
related to the transaction of business with any public entity or
with an agency or political subdivision of any other state or of
the United States, including, but not limited to, any bid or
contract for goods or services to be provided to any public entity
or an agency or political subdivision of any other state or of the
United States and involving antitrust, fraud, ~heft, bribery,
collusion, racketeering, conspiracy, or material misrepresentation.
(ii) That "convicted" or "conviction" as defined in
Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt
or a conviction of a public entity crime, with or without an
adjudication of guilt, in any federal or state trial court of
record relating to charges brought by indictment or information
after July 1, 1989, as a result of a jury verdict, nonjury trial,
or entry of a plea of guilty or nolo contendere.
(iii) That an "affiliate" as defined in Paragraph
287.133(1) (a), Florida Statutes, means:
1. A predecessor or successor of a person
convicted of a public entity crime; or
2. An entity under the control of any natural
person who is active in the management of the entity and who has
U~S.1 MEDIAN LANDSCAPE ~' /~/J
9
been convicted of a public entity crime. The term "affiliate"
includes those officers, directors, executives, partners,
shareholders, employees, members, and agents who are active in the
management of an affiliate. The ownership by one person of shares
constituting a controlling interest in another person, or a pooling
of equipment or income among persons when not for fair market value
under an arm's length agreement, shall be a prima facie case that
one person controls another person. A person who knowingly enters
into a joint venture with a person who has been convicted of a
public entity crime in Florida during the preceding 36 months shall
be considered an affiliate.
(iv) That a "person" as defined in Paragraph
287.133(1) (e), Florida Statutes, means any natural person or entity
organized under the laws of any state or of the United States with
the legal power to enter into a binding contract and which bids or
applies to bid on contracts for the provision of goods or services
let by a public entity, or which otherwise transacts or applies to
transact business with a public entity. The term "person" includes
those officers, directors, executives, partners, shareholders,
employees, members, and agents who are active in management of an
entity.
(b) Based on information and belief, the statement which
Contractor has marked below is true in relation to Contractor
submitting this sworn statement. [indicate which statement
applies.]
Neither Contractor, nor any of its officers,
directors, executives, partners, shareholders, employees,
members, or agents who are active in the management of
Contractor, nor any affiliate of Contractor has been
charged with and convicted of a public entity crime
subsequent to July 1, 1989.
Contractor, or one or more of its officers,
directors, executives, partners, shareholders, employees,
members, or agents who are active in the management of
Contractor, or an affiliate of Contractor has been
charged with and convicted of a public entity crime
subsequent to July 1, 1989.
Contractor, or one or more of its officers,
directors, executives, partners, shareholders, employees,
members, or agents who are active in the management of
Contractor, or an affiliate of Contractor has been
charged with and convicted of a public entity crime
subsequent to July 1, 1989. However, there has been a
subsequent proceeding before a Hearing Officer of the
State of Florida, Division of Administrative Hearings and
the Final Order entered by the Hearing Officer determined
that it was not in the public interest to place
LANDSCAPE
10
Contractor on the convicted vendor list. [attach a copy
of the final order].
(C) CONTRACTOR UNDERSTANDS THAT THE ACKNOWLEDGMENTS,
REPRESENTATIONS AND WARRANTIES MADE IN THIS PARAGRAPH 21 TO THE
CITY ARE FOR THE CITY ONLY AND, THAT SUCH ACKNOWLEDGMENTS,
REPRESENTATIONS AND WARRANTIES ARE VALID THROUGH DECEMBER 31 OF THE
CALENDAR ~EAR IN WHICH THIS AGREEMENT IS EXECUTED. IN THE EVENT
TRE TERM OF THIS AGREEMENT SHALL EXTEND BEYOND THE CALENDAR TEAR IN
WHICH IT WAS EXECUTED, CONTRACTOR SHALL EXECUTE AND SUBMIT TO THE
CITY A NEW SWORN STATEMENT UNDER SECTION 287.133, FLORIDA STATUTES,
ON PUBLIC ENTITY CRIMES, FORM PUR. 7068, AS REVISED FROM TIME TO
TIME. CONTRACTOR ALSO UNDERSTANDS THAT CONTRACTOR IS REQUIRED TO
INFORM THE CITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE
THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR
CATEGORY TWO OF ANY CHAN~E IN THE INFORMATION CONTAINED IN THIS
PARAGRAPH 21.
22. ~ntire and Sole Au~eement. Except as specifically stated
herein, the Contract Documents constitute the entire agreement
between-the parties and supersede all agreements, representations,
warranties, statements, promises and understandings not
specifically set forth in the Contract Documents. Neither party
has in any way relied, nor shall in any way rely, upon any oral or
written agreements, representations, warranties, statements,
promises or understandings not specifically set forth in the
Contract Documents.
23. Successors and Assigns. Except as otherwise provided in
the Contract Documents, all covenants and agreements of the parties
contained in the Contract Documents shall be binding upon and inure
to the benefit of the respective successors and assigns of the
parties.
24. Attorney's Fees~ In the event any action, proceeding,
suit or claim is filed, initiated or maintained to enforce any of
the provisions of the Contract Documents, the prevailing party
shall, in addition to relief to which it is otherwise entitled, be
entitled to recover such further amounts, to the extent lawful, as
shall be sufficient to pay the cost and ex~enses of enforcement,
including reasonable attorney's fees, both at trial and all
appellate levels.
25. ~ No remedy herein conferred upon any party is
intended to be exclusive of any other remedy and each and every
such remedy shall be cumulative and shall be in addition to every
other remedy given hereunder or now or hereafter existing at law or
in equity or by statute or otherwise.
U.S.1 MEDIAN LANDSCAPE
11
26. g~pvernin~ Law. The Contract Documents shall be construed
and enforced in accordance with and governed by the laws of the
State of Florida, and venue for any action pursuant to the Contract
Documents shall be in Indian River County, Florida.
27. ~ Neither the Contract Documents nor any term
thereof may be changed, waived, discharged or terminated orally,
except by an instrument in writing signed by the party against
which enforcement of the change, waiver, discharge or termination
is sought.
28. ~ The failure of any of the parties at any time to
require performance of any provision of the Contract Documents
shall in no manner affect the right of such party at any later time
to enforce or require the same unless waived in writing. No waiver
by an~ party of any condition or breach shall be construed or
deemed to be a waiver of any other condition or any other breach of
any term, covenant or warranty contained in the Contract Documents.
IN WITNESS W~EREOF, the City has hereunto subscribed and
Contractor has affixed his, its, or their names, or name.
CITY:
ATTEST:
THE CITY OF SEBASTIAN, FLORIDA
Kathryn M. O'Halloran
CMC/AAE, City Clerk
(Corporate Seal)
Name: ~AArthur LA Firtion
Title: Mayor of Sebastian
Approved as to Form and Legal
Sufficiency:
Clifton A. McClelland Jr., City Attorney
Signed, sealed and delivered
in the presence of:
Name:
CONTRACTOR:
By:
Name:
Title:
DiAN
LANDSCAPE
12
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this
day of , 1995 by
the of the CITY OF SEBASTIAN, FLORIDA, on
behalf of the CITY OF SEBASTIAN. He/she is personally known to me
or produced as
identification.
Notary Public,
State of Florida
Printed Name
Commission Number
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this
day of , 1995 by , on
behalf of CONTRACTOR. He/she is personally known to me or produced
as identification.
Notary Public,
State of Florida
Printed Name
Commission Number
U. S. 1 MEDIAN LANDSCAPE
13
SWORN STA~ UNDER SECTION 287.133(3)(a),
F.I, ORIDA STATUTe, ON PU1)LIC ENT1TY CRIMES
THIS FORM MUST BE SIGNED tN TH]E PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICER AUTHORIZED TO ADMINISTER OATHS.
1. This ~voru statement is submitted with Bid, PrOlx)sal or Contract with the City of Sebastian, Florida dated
for Re~fideutial Reflmse Collection Service.
2. This s'~ora statement is submitted by
{lmanM, of ~ mubmi~in~ I~om stnUmmentl
Whose business address is
and
m
(if a~lieable)'it~ Federal Employer Ideatifieatiou Number (l~II~ is
(If the eutity has no FE]~, include the Social Security Number of the individual signing this sworn stammeut:
.)
My asme is
uamed above is
[ple:,d,e print na,n~ of ~ndividusd slS,~i~l
and my r~lationship to the ~utity
I undet~tand the a 'public entity ~me' ss defined in Paragraph 287.133(I}(g), ~ means a
violatiou of my state or federal law by a person with respect to and diredtly related to the u-ansaetion of
busine~ with any public eutity or with an ageucy or political mbdivisiou of any other state or with the United
5tat~s, including, but not limited to, any bid or contract for goods or services to be provided to any public
e~atity or m agency or poUtieal subdivision of any other sram or of the United States and involving antitrust,
fraud, theR, bribery, collusion, mr.,keteefiag, eousp~, or material misrepresentatiou,
I understand that 'convicted' or 'couvictiou' ss defined in Paragraph 287.133(1)(b), lq00dta. Statutes,
mea~ a fiadiag of &qUit or a coevietion of a public entity crime, with or without aa adjudicmtiou of guilt, in
any federal or state trial exatrt of reoord relating to charges brought by indictmenmt or information ai~r July I,
1989, ~ a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo conteudere.
6. I understand that -,, 'affiliate' ~ d~fined ia Paragraph 297.133(1)(a), Florida
I. A predecessor or successor of a persoa convicted of a public eutity crime: or
2. An eutity under the c~mtrol of my uatural persou who is active in the management of the entity and who
hms beeu convicted of a public entity crime. The term 'affiliate' includes those offie, e~ directors, executives,
part=ers, shareholders, employe~s, members, and agents who are active in the umuagemeut of -, affiliate.
The owuershlp by oue persuu of shares eoustitutiag a eoutrolling interest in another person,, or a pooling of
equipmeat or income amou$ persous whea not for fitlr madcet value under m arm's leugth agreemeut, shall
be a prima fiteie casa that one person eoutrols mother person. A person who k. uowingly euters ina m joint
veumm with a person who hms bema ennvieted of a public eutity crime ia Florida during the preening 36
monttts shah be eousidet~d Im afl, Ham.
t understaad that a 'person' as defined in Pmr~grnph 2S7.133(1)(e) Florida SbatutesLmeans my natural
person or entity orgauized under the laws of any state or of the United States with the legal power to enter
3.PP~'l~fX 8I
into a binding contract and which bids or applies to bid on contracts for the provlsioa of goods or services let
by a public entity, or which otherwise traasacts or applies to transact business with a public entity. The term
'person' includes those officers, directors, executives, partners, shareholders, employecs, members, and
agents who ate active in management of aa entity.
Based ou informatiou and belief', the statement which ! have marked below is true ia relation to the entity
submitting this swore statement. [l~mse indicate which statement applies.]
Neither the entity submitting this swore statement, oor any officers, directors, ~xe~utives, partners.
shareholders, employees, members, or agents who zre active in management of the entity, nor any affiliate of
th-- entity have been charged with mad convicted of a public entity crime subsequent to $ui¥ l, 1989.
The entity submitting this swore statement, ot one or more of the officers, ciirectota, execxltives,
p~artaers, shareholders, employee-% members, ot agents who am active ia tmmagerneat of the entity, or aa
affiliate of the entity bas been cbar~ed with ~ad convicted of a public entity crime subsequent to 1uly I, 1989,
A~rD [l~lmse indicate which addi§onal statement applies.]
T~aere has been a proceeding concerning the conviction before a bearing officer of the s-ts~ of
l:lori'--"-~, Division of Admlni~ve Hearings. The fia,,I order entered by the treating officer did not
place the person or afHliate on the convicted vendor llst. tTlease attach a copy et' the find order.]
The perscm or affiliate was placed on the convicted vendor list. There bas been a subsequent
p'-'~'-:eding before a bern'lng officer of the Sate ot' Florida, Division of Administrative [4carings. The
fizud order entered by the beatting officer determined that it was in the public interest to remove the
person ot at:Rliate from the convicted vendor list. [Please attach a copy et' the final order.]
The person or affiliate bas not been pl=~e~-ed on the convicted vendor list. ['P1emse describe an},
action taken b! or pendl~ wif~ the Department ot' ~eral Seswlces.]
Date:
[signaturei
$TATt! OF
COUNT~ OF
PERSONALLY APP~D BEFOR.~ ME, the undersigned authority,
who, after first being sworn by me, af~xed Ms/her signature
[name of individtud sigmng}
in the space provided above on this day of , 1992.
NOTARY PUBLIC
My commission ~xpires:
DRUG~FREE WORKPLACE FORM
The undersigned Contractor, in accordance with Florida Statute
287.087 hereby certifies that
does:
Name of Business
Publish a statement notifying employees that the unlawful
manufacture, distribution, dispensing, possession, or use of
a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees
for violations of such prohibition.
Inform employees about the dangers of drug abuse in the
workplace, the business's policy of maintaining a drug-free
workplace, any available drug counseling, rehabilitation,
employee assistance programs and the penalties that may be
imposed upon employees for drug abuse violations.
Give each employee engaged in providing the commodities or
contractural services that are under bid a copy of the
statement specified in Paragraph 1.
In the statement specified in Paragraph 1, notify the
employees that, as a condition of working on the commodities
or contractural services that are under bid, the employee will
abide by the terms of the statement and will notify the
employer of any conviction of, or plea of guilty or nol~
contendere to, any violation of Chapter 1893 or of any
controlled substance law of the United States or any state,
for a violation occurring in the workplace no later than five
(5) days after such conviction.
Impose a sanction on, or require the satisfactory
participation in a drug abuse assistance or rehabilitation
program if such is available in the employee's community, by
any employee who is so convicted.
Make a good faith effort to continue to maintain a drug-free
workplace through implementation of Paragraphs 1 thru 5.
As the person authorized to sign this statement, I certify that
this firm complies fully with the above requirements.
Bidder's Signature
Date
THIS FORM TO BE SUBMITTED WITH THE BiD.
BID FORM
U. S . 1 MEDIANS DAIqDSCAPING
TO:
City Clerk's Office
Sebastian City Hall
1225 Main Street
Sebastian, Florida
(407) 589-5330
32958
DATE: , 1995
BIDDER:
(Type or Write in Name of Bidder)
The undersigned Bidder proposes and agrees, if this Bid is accepted, to
enter into an Agreement with the City of Sebastian to install landscape
materials in 10 medians (lettered "A - J") of U.S. 1 within the City
limits in accordance with the plan and specifications at the unit
prices as shown on Pages 2 and 3 of the Bid Form.
The total time for completion of the work will be
consecutive calendar days after the commencement of work, and shall
constitute the total "Contract Term" should this bid be accepted and
approved by the City of Sebastian.
SUBMIT YOUR BID IN A SEALED ENVELOPE MARKED AS FOLLOWS:
U.S. 1 M~DIANS I~%NDSCAPING
YOUR BID MUST BE SUBMITTED TO THE CITY CLERK'S OFFICE AT SEBASTIAN CiTY
HALL, 1225 MAIN STREET, SEBASTIAN, FL 32958, NO LATER THAN 2:00 P.M. ON
TUESDAY, August 8th, 1995.
BID ACKNOWLEDGEMENT
C o
The above unit price shall be considered as a firm bid price not
subject to price adjustment unless Bidder's provisions for price
escalation are stated on a separate sheet attached to the Bid.
The Bidder acknowledges that the prices will remain firm for sixty
(60) days following the date of this bid.
The Bidder has acknowledged Addenda issued by the City of
Sebastian Public Works Department on Page 4 of 4.
U.S. 1 Medians Landscape Bid Form
Page 1 of 4
ADDENDA ACKNOWLEDGE~NT
The undersigned Bidder acknowledges that he has received the following
Addenda for this project to the submittal of this bid and that work
called for in these Addenda is included in the prices above.
Addendum No.
Sianature and Title
The Bidder acknowledges the insurance requirements as stated on
Pages 4 and 5 of the Agreement and agrees to furnish the City with
the necessary proof of insurance if awarded the contract or
otherwise be prohibited from entering into the Agreement with the
City.
Submittal For Bids As Required By "Instructions for Bidders"
2.
3.
4.
Six (6) copies of the completed Bid Form are to be submitted.
(Typed or in ink)
One (1) cody of required contractor's licenses shall be
submitted.
One (1) copy of the completed Public Entity Crimes Form shall
be submitted,..
One (1) copy of the completed Drug-Free Workplace Form shall
be submitted.
Respectfully Submitted By:
BIDDER PHON~ NO.
State whether Bidder is a Corporation,
General Partnership, Limited Partnership,
Sole Proprietorship or Other on the line below:
ADDRW..SS
BY:
Signature
Printed or typed name
Title
FAX NO.
DATE:
U.S. 1 Medians Landscape Bid Form
Page 4 of 4
TECHNICAL SPECIFICATIONS
FOR
U.S. i MEDIANS LANDSCAPING
PART 1 - GENERAL
1. Description of Work
2. Quality Assurance
3. Product Handling
4. Guarantee
5. Submittals
PART 2 - PRODUCTS
1. Materials
2. Mixes
PART 3 - EXECUTION
1. Preparation
2. installation/Application/Performance
3. Instructions
4. Cleaning
PART 4 - EXHIBITS
1. Planting Schedule
2. Location Maps Sheets 1-3
3. Landscape Plan Sheets L-1 to L-3
U. S. Highway No ~1 Medians Landscaping
Technical Provisions
PART 1 - GENEP~L
1. DESCRIPTION OF WORK
Work included in this section is part of the entire set of
Contract Documents and shall be coordinated with the
applicable provisions of the other parts.
The extent of the landscape development work is shown on
the drawings and in schedules.
2. OUALITY ASSURANCE
OUALIFICATIONS OF SUPPLIER: The vendor shall be well
versed in plant materials, and reading blueprints.
TREES AND SHURBS: Provide trees and shrubs grown in a
recognized nursery in accordance with good horticultural
practice. Provide healthy vigorous stock grown under
climatic conditions similar to conditions in the locality
of the project and free of disease, insects, eggs, larvae,
and defects such as knots, sun-scald, injuries, abrasions,
or disfigurements. Ail plant material shall be graded
Florida No. 1 or better as outlined under Grades and
Standards for Nursery Plants, State Plant Board of
Florida.
3. PRODUCT HANDLING
DELIVERY AND STOPg%P=E~ The balls of plants which cannot be
planted immediately on delivery shall be protected from
drying wind and sun. Ail plants shall be watered as
necessary until planted.
1. Trees moved by winch or crane shall be thoroughly
protected from chain marks, girdling, or other bark
slippage by means of burlap, wood battens or other
approved method.
2. Container grown plants shall be carefully removed from
the container so as not to disturb the root system. A
spade shall not be used to cut the container.
Page 1 of 6
U.S. ~1 Median Landscaping Specs
A. Considering that the City will be responsible for
maintenance after acceptance, the Contractor shall
guarantee to replace all plant materials for a period of
time after final acceptance as follows:
Trees (except palms) -180 days.
2. Shrubs and Ground Cover - 60 days
3. Sod - 30 days
B. Should any of the plant materials show 40% or more
defoliation during the guarantee period, the Contractor,
· upon written notice, shall replace same within 15 days,
without additional cost to the Owner.
C. Specifically excluded from the guarantee are damages
resulting from natural causes such as floods, lightning
strikes, freezing or winds over 60 MPH., damages from acts
of negligence on the part of the City or others occupying
the site, fires, vandalism, and herbivorous animals, and
damages from vehicular traffic.
D. This guarantee shall be in effect only if proper
maintenance is performed by the City, after final
acceptance of the Contractor's work. Without such
maintenance, this guarantee shall become null and void.
Proper maintenance shall be considered as performing the
procedures described generally in Section 3.03 A
MAINTENANCE(Items 2 & 3).
A. Physical samples of prepared planting soil and mulch.
B. Label from starter fertilizer.
C. Submit reco~'~endations for controller time setting for
each irrigation zone valve to the City prior to
completion of work.
D. Submit recommended plant care and maintenance procedures
to the City prior to completion of work.
E. Soil test results (see Part 3, Section IA).
The City reserves the right to withhold 10% of the
Contract amount until the submittals are received.
Page 2 of 6
U. S. ~1 Median Landscaping Specs
PART 2 - PRODUCTS
1. MATERIALS
A. NOMENCLATURE: Conform to the names given in Standard Plant
Names, 1942 Edition, prepared by the American Joint
Committee on Horticultural Nomenclature. Na~nes of
varieties not included therein, conform generally with
names accepted in the nursery trade.
B. MEASUREMENTS: Plants shall be measured when branches are in
their normal position. Height and spread dimensions
specified refer to main body of plant and not extreme
branch tip to tip. The measurements specified are the
minimum size acceptable and are the measurements after
pruning, where pruning is required.
C. B & B PLANTS: No plant shall be accepted when the ball of
earth surrounding its roots has been cracked or broken.
The diameter of the ball must be sufficient to encompass
the fibrous and feeding root system necessary for the
maximum development of the plant. Root pruning shall have
been done at a minimum of four (4) weeks before planting at
the job.
D. MATERIALS: Pot bound plant materials will be unacceptable.
E. SOD: The sod shall be firm, tough texture having a compact
growth of grass with good root development. It shall
contain no weeds, or any other objectionable vegetation.
The soil embedded in the sod shall be good clean earth,
free from stones and debris. The sod shall be free from
fungus, vermin and other diseases.
2. MIXES
A. The Vendor shall be responsible to supply material as
identified below. Fertilizer shall be Agriform 21 Gram
Tablets, slow release, 20-10-5 analysis, or an approved
equal. Rates of application shall be done by the City as
follows:
1-gal. can plants
1 tablet each
3-gal. can plants
2 tablets each
Trees
1 tablet per each 1/2" of
trunk diameter: for multiple
trunks the diameter
measurements will be
cumulative.
Page 3 of 6
U. S. ~1 Median Landscape Specs
B. Starter fertilizer shall be 6-6-6, 100% organic, with
minor elements. This fertilizer shall have 40%-50% of its
total nitrogen in a water-insoluable form.
C. Lawn areas shall be treated with fertilizer applied at a
rate of twenty (20) pounds per 1000 square feet.
D. Soil used for planting(planting mix) shall consist of 70%
Florida native peat, 30% wood chips (Dine bark passing
through 3/4" screen) and sawdust, 3 lb. starter fertilizer
per cubic yard. Soil mixture used to back fill planting
pits shall consist of two parts of existing topsoil from
on site, and one Dart prepared planting mix.
PART 3 - EXECUTION
1. PREPARATION
A. SOIL TESTING The Contractor shall test each site area for
soil pH. Provide and supply soil amendments as are
necessary to adjust the DH range of each area to a level
that will provide optimum conditions for the vigorous
growth of the specified new plant material and grass (6.0-
6.5). Submit test results and proposed soil amendments
outline to the Landscape Architect prior to amending soils.
(Soil amendments N.I.C.)
B. PLANT PITS: Circular pits with vertical sides shall be
excavated for all plants. Diameter of pits for trees,
shrubs, and ground cover shall be at least two times
greater than the diameter of the ball.
iNST~?.LATION/APPLICATION/PERFORMANCE
A. Ail plants except as otherwise specified, shall be centered
in pits and set on compacted top soil to such a depth that
the finished grade level at the plant after settlement will
be the same as that at which the plant was grown.
Container grown plants shall not be excessively root bound.
Ail broken or frayed roots shall be cut off cleanly. Soil
shall be placed and compacted thoroughly, avoiding injury
and shall be settled by watering. No filling will be
permitted around trunks.
B. Form temporary earth saucers with six (6) inch high berm
around all newly planted trees. Saucer diameter for trees
four (4) inch caliper or less shall be approximately three
(3) feet. Saucer diameter for trees greater than four (4)
inch caliper shall be approximately six (6) feet. Ail
.trees shall be watered daily for the first month. Remove
saucer berm as final mulching and sodding takes place.
Page 4 of 6
U. S. ~1 Median Landscape Specs
C. New planting shall be so set that the final level of ground
around the plants shall conform to surrounding grades, or
as otherwise specified.
D. Moisten prepared surface immediately prior to laying sod.
Solid sod shall be laid immediately upon delivery to site
with closely abutting joints, with a tamped or rolled even
surface. Stagger end joints minimum of 12 inches. It
shall be the responsibility of the Contractor to bring the
sod edge in a neat, clean manner to the edge of all paving
and shrub areas. After the sod is laid, a top dressing of
clean sand shall be evenly applied over the entire surface
and thoroughly washed in, (if determined necessary by the
Landscape Architect). Note: Sand will not be required on
p~operly laid sod.
E. Ail plant beds, unless otherwise noted, including tree
saucers, shall be toD-dressed with 2" - 3" shredded cypress
bark mulch (American Wood Products type "B" or equal).
The amount of pruning on new plant material shall be
limited to the minimum necessary to remove dead or injured
branches to compensate for the loss of roots as a result of
transplanting operations. Pruning shall be done in such a
manner as not to change the natural habit or shade of a
plant. All cuts over one-half (1/2) inch diameter shall be
treated with an approved tree paint.
INSTRUCTIONS
A. MAINTENANCE
1. The Contractor shall maintain all plant materials in a
first class condition from the beginning of landscape
construction until the landscape work is accepted by
the City. The City shall provide the necessary water
from its irrigation system.
Maintenance shall include, but not be limited to
cultivation, weeding, pruning, disease and pest
control, replacement of dead or unacceptable materials,
straightening turf or planter settlement areas, guy
wire repair and tightening, wash-outs, and any other
procedure consistent with good horticultural practice
necessary to insure normal, vigorous and healthy growth
of all work under this contract.
3. Mowing, if necessary prior to final acceptance, shall
occur at regular intervals at a mowing height of 3
inches when the grass reaches a height of four and one-
Page 5 of 6
U. S. ~1 Median Landscape Specs
half (4 1/2) inches with a standard rotary mower. At
no time shall more than 1/3 of the leaf surface be
removed.
4. It will be the City's responsibility to continue
maintaining the landscape, following guidelines above,
after final acceptance.
B. GRADES: It shall be the responsibility of the Contractor
to finish (fine) grade all landscape areas, eliminating
all surface irregularities, depressions, sticks, stones,
and other debris, and remove them from the site.
CLUING% The Contractor shall at all times keep the premises
(grounds and pavements) free from accumulations of wa§re
material or rubbish caused by his employees or work.
Page 6 of 6
U. S. ~1 Median Landscape Specs
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City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
M E M O R A N D U M
TO:
FROM:
DATE:
RE:
Richard Votapka
Public Works Director
Bruce Cooper
Director of Community
August 28, 1995
Deve lopme~' · ·
c_-....----- ~
Bids for U.S. 1 Landscaping
The following information has been accumulated to assist you
in the review process of the bids for the U.S. 1 Landscaping
project.
In 1992, bids were awarded to five small businesses for the
planting of trees at Lake Hardee Park. Treemart, located at
915 U.S. 1, S., Veto Beach, and owned by Steve Deputy, was
one of the those vendors. Subsequently, the trees were
planted and the vendors were paid.
In December of 1992, it was necessary to contact several of
the vendors regarding dead or substandard trees. The
notification to Treemart was returned marked "unclaimed".
Again in September of 1993 notification was sent to Treemart
asking for replacement of dead trees per their one year
warranty. This notification was returned marked "moved, left
no address".
Steve Deputy, owner of Treemart, did not notify the City of
Sebastian, his client, of any changes in his business or
mailing address nor the status of his business. Therefore
the warranty on his trees at Lake Hardee Park has been
nonexistant. Because the trees were funded by grant money,
the City has been forced to replace them at our own expense.
Steve Deputy obtained an occupational license in the City of
Sebastian on 1-26-94 using the name Florida Tree Works, Inc.
dba Natureland Garden Centers and located at 701 U.S. 1. By
May of 1994, that property was vacated by Natureland Gardens.
Staff has been informed by the Tax Collectors Office that Mr.
Deputy does hold a valid occupational license in Indian River
County under the name Natureland Garden Landscaping. Their
records also show a closed out occupational license for Steve
Deputy under the name of Treemart.
If I may be of any further assistance to you in this matter,
please let me know.
BC: jk
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 a FAX (407) 589-5570
DATE:
TO:
FROM:
MEMORANDUM
August 16, 1995
U.S. 91 Median Landscaping Project File
Richard Votapka, Public Works Director
SUBJECT: Qualifications of Natureland Landscaping
Marshall Hill, Landscape Director for Natureland Landscaping
called in response to the questions I asked him on August 14,
1995. According to Marshall, Natureland Landscaping has been in
business since October 1992.
The staff consists of a General Manager and owner Steve Deputy,
Marshall Hill- Landscape Director, Leon O'Roscoe-Supervisor, and
five (5) landscapers.
Marshall used to own Oslo Landscape and worked with Liz Gillick,
Landscape Architect on the Old Train Station on 14th Avenue in
Vero Beach, the City of Vero Beach Library, the Post Office, and
the Press Journal building.
Natureland has worked on such projects as:
1. A-1-A Monterrey Intersection Improvements. This was the
landscaping of a large center divider for the Martin County
Engineering Department (the owner). Natureland worked as a sub
contractor to Martin Paving on this project.
2. They installed the hedge along the north side of CR 512 for
Martin Paving at a cost of $29,000.
3. Natureland landscaped Veterans Memorial Park on Midport Road
for Port St. Lucie at a cost of $41,500.
4. They installed trees and shrubs on the City of Veto Beach A1A
widening project at a cost of $49,000.
5. They have worked in Johns Island for the firm of McCormick and
Sons of West Palm Beach (407-842-9696).
Page 2 of 2
Linda Kinchen spoke to Judy with Martin Paving regarding
Natureland and she stated she could say nothing bad about this
company. They were easy to work with and always met deadlines.
On the CR 512 project, Judy stated they had a couple of dead
trees from lack of watering by Martin but Natureland replaced
them anyway with no problems. She stated they also worked on the
trees at Riverside Park in Veto with them as well as on the A1A
project in Veto.
Linda also spoke with Jim one of Martin's Project Managers
regarding Natureland and he stated they were good people to deal
with; they would have no problem using them again. He stated they
know what they are doing and they do it right the first time.
nature
City of Sebastian
1225 MAiN STREET ~ SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: APPROVAL OF CONTRACT
FOR FRDAP GRANT (TENNIS COURTS)
Approval for Submittal By:
City Manager ~.
Agenda Number:
Dept. Origin: Communit~ Development
Date Submitted: 9/5/95
For Agenda Of: 9/13/95
Exhibits:
1. Letter dated 8/14/95 from DEP
2. Contract
3. Letter dated 8/31/95 from Mr.
Tim Williams
BC ·
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMh%RY STATEMENT
As you may be aware, this Department was successful in obtaining a grant
through the Florida Recreation Development Assistance Program,
administered by the Department of Environmental Protection, to upgrade
the Schumann Park.
This contact was sent to the Finance Director and City Attorney for
their review. Both have determined the contract to be acceptable.
Once the contract is finalized, the following should occur:
Submit site plan for Planning and Zoning approval.
Develop bid specifications for construction.
City Council to award bid.
RECOMMENDED ACTION
Move to authorize the Mayor to sign the contract with D.E.P.
Department of
Environmental Protection
Lawton Chiles
Governor
Marjory Stonernan Douglas Building
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Virginia B. Wetherell
Secretary
August 14, 1995
Mr. Bruce Cooper
Director of Community Development
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
Re:
Schumann Park Tennis Courts
FRDAP Project No. F96070
Dear Mr. Cooper:
Thank you for your letter accepting the Florida Recreation
Development Assistance grant. The agreement has been prepared in
accordance with your acceptance letter. It is important that you
review the agreement to ensure that information specific to your
project is accurate.
Please execute and return both original copies of the
agreement. In signing the agreement, do not complete the blank
space for the date. Our staff will date the agreement when
formally executed by the Department and one original copy will be
returned to you.
Thank you for your attention to this matter. If you have
any questions, please contact us at (904) 488-7896 or Suncom
278-7896.
Enclosures
Sincerely, W ~
Community Assistance Consultant
Office of Local Recreation Services
Division of Recreation and Parks
Mail Station #585
"Protect, Conserve and Manase Florida's Environment ond Natural/~esources"
Printed on recycled paper.
(DEP Contract Number)
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM
Project Grant Agreement - Development
This Agreement is made and entered into this day
of , 19 , by and between the State of Florida,
Department of Environmental Protection, hereinafter called the
DEPARTMENT, and the city of Sebastian, hereinafter called the
GRANTEE, in furtherance of an approved public outdoor recreation
project. In consideration of the mutual covenants contained
herein and pursuant to Sections 370.023, 375.021 and 375.075,
Florida Statutes, and Chapter 62D-5, Part V, Florida
Administrative Code, the parties hereto agree as follows:
1. This Agreement shall be performed in accordance
with Sections 370.023, 375.021 and 375.075, Florida Statutes, and
Chapter 62D-'5, Part V, Florida Administrative Code, hereinafter
called the RULE. The GRANTEE shall comply with all provisions of
the RULE, which is incorporated into this Agreement by reference,
as if fully set forth herein. Failure to comply with provisions
of the RULE may result in cancellation of the Agreement by the
Department. Disputes concerning the interpretation or
application of this Agreement shall be resolved by the DEPARTMENT
whose decision shall be final and binding on the GRANTEE. The
DEPARTMENT may cancel this Agreement for failure by the GRANTEE
to perform pursuant to the terms and conditions of this
Page 1 of 11
Agreement. It is the intent of the DEPARTMENT and the GRANTEE
that none of the provisions of Section 163.01, Florida Statutes,
shall have application to this Agreement.
2. The DEPARTMENT has found that public outdoor
recreation is the primary purpose of the project known as
Schumann Park (Florida Recreation Development Assistance Program,
Project Number F96070), hereinafter called the PROJECT, and
enters into this Agreement with the GRANTEE for construction of
public outdoor recreation facilities and improvements on real
property, the legal description of which is set forth in the
Project application. The Project application is incorporated
into this Project Agreement by reference as if fully set forth
herein.
3. The GRANTEE will construct, or cause to be
constructed, certain public outdoor recreation facilities and
improvements consisting of the following PROJECT elements which
may be modified for good cause by the DEPARTMENT: tennis
courts, racquetball courts, playground, picnic facilities,
parking, landscaping and other related support facilities.
4. The DEPARTMENT shall pay, on a reimbursement basis,
to the GRANTEE, funds not to exceed $100,000.00, which will pay
the DEPARTMENT'S share of the cost of the PROJECT. DEPARTMENT
fund limits are based upon the following:
DEPARTMENT Amount $ 100.000.00 ~
GRANTEE Match $ 33.334.00 25%
Type of Match Cash and/or In-kind Services
Page 2 of 11
The PROJECT reimbursement request shall include all documentation
required by the DEPARTMENT for a proper pre-audit and post-audit
review. The Contract Manager shall, within sixty (60) days after
receipt of a payment request, review the work accomplished to
date on the GRANT and, if the work and payment request are in
accordance with all applicable requirements, approve the request
for payment. The DEPARTMENT shall retain 10% of the entire
DEPARTMENT amount until completion of the PROJECT and all PROJECT
completion documentation, as described in the Florida Recreation
Development Assistance Program Completion Documentation, DEP Form
42-006, is submitted to the DEPARTMENT by the GRANTEE.
5. Prior to commencement of project construction, the
GRANTEE shall submit for DEPARTMENT approval the documentation
described in the Florida Recreation Development Assistance
Program Development Project Commencement Documentation Form, DEP
Form 42-005.
6. The GRANTEE shall comply with the DEPARTMENT'S
Grant and Contract Accountability Policy, Chapter 62A-11, Florida
Administrative Code, hereinafter called the POLICY, and
incorporated into this Agreement by reference as if fully set
forth herein. The GRANTEE shall ensure that all purchases of
goods and services for accomplishment of the PROJECT shall be
secured in accordance with the GRANTEE'S adopted procurement
procedures. Expenses representing the PROJECT costs, including
required matching contribution, shall be reported to the
DEPARTMENT and summarized on certification forms provided in the
Page 3 of 11
POLICY. The POLICY establishes uniform guidelines and procedures
to be utilized by the DEPARTMENT and the GRANTEE in accounting
for grant funds disbursed under the PROJECT and sets forth
principles for determining eligible costs, supporting
documentation and minimum reporting requirements.
7. The GRANTEE shall retain all records supporting
PROJECT costs for three (3) years after the fiscal year in which
the final PROJECT payment was released by the DEPARTMENT or. until
final resolution of matters resulting from any litigation, claim
or audit that started prior to the expiration of the three-year
retention period. The DEPARTMENT, State Auditor General, State
Comptroller and other agencies or entities with jurisdiction
shall have the right to inspect and audit the GRANTEE'S records
for said PROJECT within the retention period.
8. Program funds may be reimbursed for eligible costs
incurred by GRANTEE prior to execution of this Agreement if the
GRANTEE has been granted a written Waiver of Retroactivity by the
Department and all applicable requirements have been satisfied.
The DEPARTMENT and the GRANTEE fully understand and agree that
there shall be no reimbursement of funds by the DEPARTMENT for
any obligation or expenditure made prior to the execution of this
Agreement with the exception of $1,750.00, for: surveying.
9. This Agreement shall become effective upon
execution and the Grantee shall complete construction of all
PROJECT elements on or before October 31, 1997. The completion
date may be extended by the DEPARTMENT for good cause at the
Page 4 of 11
written request of the GRANTEE and must be made prior to project
completion date.
10. Mary Ann Lee, Community Assistance Consultant, or
successor, is hereby designated the DEPARTMENT'S Contract Manager
for the purpose of this Agreement and shall be responsible for
ensuring performance of its terms and conditions and shall
approve all reimbursement requests prior to payment. The
GRANTEE'S Liaison Agent, as identified in the project
application, shall act on behalf of the GRANTEE relative to the
provisions of the Agreement. The GRANTEE'S Liaison Agent shall
submit to the DEPARTMENT signed PROJECT status reports every
ninety (90) days summarizing the work accomplished, problems
encountered, percentage of completion and other appropriate
information. Photographs shall be submitted when appropriate to
reflect the construction work accomplished.
11. All monies expended by the GRANTEE for the purpose
contained herein shall be subject to preaudit review and approval
by the Comptroller of Florida in accordance with Section 17.03,
Florida Statutes.
12. 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 its sovereign immunity and the
limitations set forth in Section 768.28, Florida Statutes.
13. The DEPARTMENT reserves the right to inspect said
PROJECT and any and all records related thereto at any reasonable
Page 5 of 11
14. This Agreement may be unilaterally canceled by the
DEPARTMENT in the event the GRANTEE refuses to allow public
access to all documents, papers, letters or other materials' made
or received in conjunction with the Agreement pursuant to the
provisions of Chapter 119, Florida Statutes.
15. Following receipt of an audit report identifying
any reimbursement due the DEPARTMENT for non-compliance by the
GRANTEE with said Agreement, the GRANTEE will be allowed a
maximum of sixty (60) days to submit additional pertinent
documentation to offset the amount identified as being
due the DEPARTMENT. The DEPARTMENT, following a review of the
documentation submitted by the GRANTEE, will inform the GRANTEE
of any reimbursement due the DEPARTMENT.
16. The DEPARTMENT shall also have the right to demand
a refund, either in whole or part, of the funds provided to the
GRANTEE for non-compliance with the terms of the Agreement. The
GRANTEE upon notification from the DEPARTMENT, agrees to refund,
and will forthwith pay, the amount of money demanded--which
payment shall be made directly to the DEPARTMENT. Such refund
shall include interest calculated at two (2) percent over the
prevailing prime rate as reported by the Federal Reserve on the
date the Department calculates the amount of refund due.
Interest shall be calculated from the date(s) of payment(s) to
the GRANTEE by the DEPARTMENT.
Page 6 of 11
17. The State of Florida's performance and obligation
to pay under this Agreement is contingent upon an annual
appropriation by the Florida Legislature.
18. Reimbursement of eligible travel expenses shall be
subject to the requirements of Section 112.061, Florida Statutes.
19. Allowable indirect costs shall not exceed 15% of
the GRANTEE'S eligible wages and salaries. Indirect costs that
exceed 15% must be approved in advance by the DEPARTMENT to be
considered eligible PROJECT expenses.
20. If asphalt paving is required for the PROJECT it
shall conform to the Florida Department of Transportation's
specifications for road and bridge construction. Bid
specifications, contracts and/or purchase orders of the GRANTEE
must specify thickness of asphalt and square yards to be paved.
21. Prior to final reimbursement, the GRANTEE must
erect a permanent information sign. on the project site which
credits project funding or a portion thereof, from the Florida
Department of Environmental Protection and the Florida Recreation
Development Assistance Program.
22. Land owned by the GRANTEE, which is developed or
acquired with FRDAP funds, shall be dedicated in perpetuity by
the GRANTEE as an outdoor recreation site for the use and benefit
of the public. The dedication must be recorded in the public
property records by the GRANTEE. The GRANTEE shall ensure that
the project, if on GRANTEE-owned land and purchased or developed
with FRDAP funds, shall be managed for outdoor recreation
7 of 11 /~U~---~
Page
purposes for a minimum period of twenty-five (25) years from the
completion date set forth in the project completion certificate.
Land owned by an entity other than the GRANTEE which GRANTEE
controls by lease, permit, license, easement, management
agreement or other valid interest and developed with program
funds, shall be managed as an public outdoor recreation area for
a minimum period of twenty-five (25) years from the completion
date set forth in the project completion certificate. Such
project shall be open at reasonable times and shall be managed in
a safe and attractive manner appropriate for public use. Should
GRANTEE convert all or part of the project site to a use or-uses
other than DEPARTMENT approved public recreational uses, the
GRANTEE shall replace the area, facilities, resource and site at
its own expense with a project of comparable scope and quality
acceptable to the DEPARTMENT. In lieu of accepting a replacement
facility, resource or site, the Department may require return of
all grant funds with applicable interest.
23. No person on the grounds of race, creed, color,
national origin, age, sex, marital status or ability level, shall
be excluded from participation in; be denied the proceeds or
benefits of; or be otherwise subjected to discrimination in
performance of this Agreement.
24. This Agreement strictly prohibits the expenditure
of FRDAP funds for the purpose of lobbying the Florida
Legislature, the judicial branch, or a state agency.
Page 8 of 11
25. Any local governmental entity, nonprofit
organization, or for-profit organization that is awarded funds
from a grants and aids appropriation by a state agency shall:
(a) If the amounts received exceed $100,000, have an audit
performed in accordance with the rules of the Auditor General
promulgated pursuant to Section 11.45, Florida Statutes,
(b) If the amounts received exceed $25,000, but do not
exceed $100,000, have an audit performed in accordance with the
rules of the Auditor General promulgated pursuant to Section
11.45, Florida Statutes, or have a statement prepared by an
independent certified public accountant which attests that the
receiving entity or organization has complied with the provisions
of the grant; or
(c) If the amounts received do not exceed $25,000, have the
head of the entity or organization attest, under penalties of
perjury, that the entity or organization has complied with the
provisions of. the grant.
26. In addition, a copy of the audit or attestation as
required in paragraph 25, shall be submitted to the DEPARTMENT
within one (1) year from the project completion date as set forth
in the project completion certificate.
27. This Agreement is not intended nor shall it be
construed as granting any rights, privileges or interest in any
third party without mutual written agreement of the parties
hereto.
Page 9 of 11
28. It is understood by the parties that the amount of
this grant may be reduced should the Governor's Budget office
declare a revenue shortfall and assess a mandatory reserve.
Should a shortfall be declared, this grant may be reduced by the
same percentage as the DEPARTMENT is assessed for the mandatory
reserve.
29.
the parties.
This Agreement represents the entire agreement of
Any alterations, variations, changes, modifications
or waivers of provisions of this Agreement shall only be valid
when they have been reduced to writing, duly executed by each of
the parties hereto, and attached to the original of this
Agreement.
Page 10 of 11
iN WITNESS WHEREOF, the parties hereto have caused these
presents to be duly executed on the day and year first above
written.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
CITY OF SEBASTIAN
By:
Fran P. Mainella, Director
Division of Recreation and Parks
By:
Title:
Address:
office of Local Recreation Services
Division of Recreation and Parks
3900 Commonwealth Boulevard
Mail Station 585
Tallahassee, Florida 32399-3000
Address:
1225 Main Street
Sebastian, Florida
32958
DEP ~ont~t Man~e~
Approved as to Form and Legality:
This form has been preapproved as to
form and legality by Suzanne B.
Brantley, Assistant General Counsel,
on July 24, 1995, for use for one year.
Grantee Attorney
DEP 42-058
Revised 07-24-95
Page ll of 11
LAw' OFFICES OF
Po'r'r~n, MCCL~LLX~VD, lVL~:~wS & HE,~LY, P.A.
I{~I~R¥ A. JONES
OF Cou~s:~l,
REPLY TO: ~{ELBOUi~/~E
FIRST UNION I~I,,TK ]~UIL~I/',TO, SUITE 400
700 SOUTH D~BCOC~ STR~T
POST OFFICE ~OX ~52~
~E~OURNE, ~LORIDA ~90~-~5~S
(t07) 984- ~700
~ (407) 7a~-4092
200 BREVARD AVE/~E
COCOA, FLORID~ ~9~2
(407) 6s4,- .~O~.i
Mr. Joel Koford
City of Sebastian
1225 Main Street
Sebastian, Florida
32958
August 31, 1995
Rec We_,d.
O[tice,
RE: FRDAP Grant - Schumann Park
Dear Joel:
I have reviewed the above contract and the applicable statutes
and administration rules, and I believe the contract terms are
acceptable.
I have enclosed a copy of Chapter 62D-5, Part V, of the
Florida Administrative Code, which also governs performance under
the contract.
If you need any additional information, please call.
TMW:clb
Enclosure
Very truly yours,
Timothy M. Williams
V. 20. 1~. 11'71 FINANCIAL ASSISTANCE FOR OUTDOORRECREAT10\
(2) The r'r%iec~
of time equal to the amount granted by the f~dcral
gov~r~l to
is n~cessary and permissible by ~he federal
government, the E~cutive Director may grant
such extension by execution of
~h~ project agreement. The
oompt~ted before the amended termination date.
Should the termination date expire prior to an
~xtenslon amendmenl and final pro)~cl completion,
th~ date m~y be extended, i~ p~rmisslbte by the
f~eral government, at the discretion of the
Executive Director. If not extended, the Executive
Director may deobligate unexpended 7rogram
grant funds and require thc project sponsor to
reimburse the Department for any or all
contributions it may have made. The pro~ect
sponsor's governing body/agency head must
o~cially approve execution of an extensmn
amendment.
(3) For all matters pertaining to
prc-~nstruction requirements and approvals,
changes in thc projects, grant reimbursements,
eligible expenses, and project completion, thc
approved project shall bc administered in
aocordancc with the grant conditions of Section
62D-~.028, FA.C.
(4) In addition to conforming to thc provisions
of this Section, the project s~nsor must comply
with the federal UPARR Guidelines,
Specific Authorio' ~70,02I(I), ~73.041 FS, Law
Implememtd 373.041(3) FS. Histocy--New 12-21-80,
FormerO' 16D-3.48, 16D-3.048.
62~S.049 Project Agr~ments.
(1) Rchabilitation Grant Project Agreement.
[~ff. 12/80, available from Division of Recreation
and Parks.]
(2) Innovative Grant Project Agreement. [eft.
12/80, available from Division of Rcereation and
Parks]
Specific Auifiority 370.021(I), 375.041 FS. Law
Implemented 373.041(3) FS. Hi$lory~New 12-2I-~0,
FormerO' 16D-5.49, 16D-3.049.
PART V FLORIDA RECREATION
DEVELOPMENT ASSISTANCE PROGRAM
61D-5.053 Purpose. The Florida Dcpartmem
of Environmental Protection (DEP), pursuant to
Sections 370.023 and 375.075, F.S., is authorized
to establish the Florida Recreation Development
Assistance Program (FRDAP) to provide grants to
qualified local governmental entities to acquire or
develop land for public outdoor recreation
purposes. The purpose of this part is to set forth
procedures to govern the program.
Specific Authority $70.025, 37.5.073 FS. Law
Implemented $73.073 FS. History--New 12-10-90,
Formerly 1613-3.0.53.
62D-5.054 Definitions. The terms used in this
part are defined as follows:
(1) "ACQUISITION" means the act of
obtaining real property or interests and rights
thereon by various legal means to serve public
outdoor recreation purposes.
go,.ernmental entit.s v, h~ch ..ubmtts an ,~pptication
for FRDAP funds to the Denartment durin~ an
announced application submission period.
[3) "APPLICATION" means a formal request
/or FRDAP funds by an appiicant consisting o( a
project proposal wtth required documentation,
[4) "APPLICATION SUBMISSION
PERIOD" means the formally announced period of
time provided by the Department for thc
submission of FRDAP applications by local
governmental entities as applicants in a single
funding cycle.
~.~) "CASH" means ,,'none) ~aid b.~ a grante~; to
purchase goods and services from private and
independent sources for accomplishment of an
approved FRDAP project. In-kind service costs are
no~ defined as cash.
(6) "DEPARTMENT" means the Florida
Department of Environmental Protection.
(7) "DEVELOPMENT" means the act of
physically improving an area. facility, resource or
site to increase its ability or capacity to serve public
outdoor recreation purposes.
(8) "DIVISION OF RECREATION AND
PARKS" means the Division of Recreation and
Park$ of the Florida Department of Environmental
Protection.
(9) "DIVISION OF STATE LANDS" means
the Division of State Lands of the Florida
Department of Environmental Protection.
(10) "EVALUATION CRITERIA" means the
standard used to evaluate FRDAP applications.
(I 1 ) "FACILITIES" means capital
improvement projects which provide or assist in
providing outdoor recreation opportunities.
(12) "FBIP" means the Florida Boating
improvement Program administered pursuant to
Chapter 62D-5, Part III, Florida Administrative
Code.
(13) "FISCAL YEAR" means the State fiscal
year, July l~June 30.
(14) "FRDAP" means the Florida Recreation
Development Assistancc Program.
(15) "FUNDIN~ CYCLE" means the interval
of time between the start of a FRDAP application
submission period and grant award by the
Governor and Cabinet.
(16) "GOVERNOR AND CABINET" means
the Governor and Cabinet of the State of Florida
sitting as the Head of the Florida Department of
Environmental Protection.
(17) "GRANT" means program funds
authorized by the Governor and Cabinet for release
to a grantee for implementation of an approved
project.
(18) "GRANTEE" means a local governmental
entity receiving FRDAP funds pursuant to an
approved FRDAP application.
(19) "IN-KIND SERVICE COSTS" means
in-house expenses incurred by a grantee for labor
and materials and grantee-owned and maintained
equipment for accomplishment of an approved
FRDAF project.
~D-5.055
DEP~RTMV\'T OF ENVIRONMENT.~.L PROTECTION v. 20, p. 11'72
t20) "LAND VALUE" means the aVvrai~ed
market value of land used b~ a grantee as match to
FRDAP funds.
(21 ) "LINEAR PARK" means an outdoor area
of linear design that provides or connects active or
passive recreation, park land or open space areas.
("2) "LOCAL COMPREHENSIVE PLAN"
means plans adopted pursuant to Chapter 163.
Florida Statutes,
(23) "LWCF" means the Land and Water
Conservation Fund Program adminislered
pursuant to Chapter 62D-3, Part VI, Florida
Administrative Code.
(24) "MATCH" means ~he provision of cash.
in-kind service costs or value of real property in the
ratio required to be added to FRDAP funds by the
grantee for the project cost.
(25) "NEEDS" means a deficiency or a
necessity to carry out a predetermined level of
service.
(26) "NEW CONSTRUCTION" means
building of new facilities.
(2'/) "OPEN SPACE" means an outdoor area
whose purpose is to provide a source of recreation
and contributes to environmental harmony through
the enrichment of flora, fauna and geological
features.
(28) "OUTDOOR RECREATION- means the
pursuit of leisure activities in an outdoor
environment.
(29) "PLAN" means the currently effective
comprehensive outdoor recreation plan for the
State of Florida.
(30) "PREAGREEMENT EXPENSES"
means expenses incurred by a grantee for
accomplishment of an eligible FRDAP project
prior to full execution of a project agreement.
(31) "PROGRAM" means the Florida
Recreation Development Assistance Program.
(32) "PROGRAM AMOUNT" means the
amount of FRDAP funds available during any
funding cycle.
(33) "PROJECT" means a planned
undertaking in which all actions or activities have a
clear-cut identity and a well-defined, common
outdoor recreation objective that has been planned
to the point of definite implementation.
(34) "PROJECT AGREEMENT" means an
executed contract between the Department and a
grantee setting forth mutual obligations regarding
an approved FRDAP project.
(35) "PROJECT COMPLETION DATE"
means the date specified in a project agreement by
which a grantee shall complete an approved
FRDAP project and incur all grant and match
related expenses.
(36) '*PROJECT COST" means the total of a
FRDAP grant award and required match.
(37) **PROJECT ELEMENT" means an
identified segment of a project with related
facilities or improvements.
'(38) '*PROJECT PERIOD" means the
approved period of time set forth in a project
agreement during which eligible project costs may
be incurred and charged to the grant.
13o~ "PR(MFCT ~ITF" me,~ne !he ?ec;5¢
area, defined bi a survey or project boundar) map
and legal description, ~here FRDAP funds are
used for an approved project.
(..*0) "REAL PROPERTY" means land and
improvements attached or affixed to the land used
by a grantee to match FRDAP funds.
(41) "RENOVATION/REPAIR" means
restoration of a facility or project area to an
improved state suitable for public use that has
deteriorated due to natural causes to the point
where its usefulness is impaired. Such restoration is
not eligible if deterioration of the facility or project
area is due to inadequate maintenance during its
reasonable lifetime,
(42) "STAFF" means appropriate staff of the
Department.
(43) "WAIVER OF RETROACTIVITY"
means written Department authorization that an
acquisition or development project may be
commenced by an applicant prior to Governor and
Cabinet approval of a program application. Such
authorization does not imply Governor and Cabinet
approval of a future FRDAP application.
Specific .4uthorl'ty 370,023. 375,075 FS. Law
[mplememed 375,075 FS. History--New 12-10-90.
Formerly 16D-$.054,
62D-5.055 General R~uirements, The
following constitutes the general procedures for the
program:
(1) DISTRIBUTION OF PROGRAM
FUNDS. FRDAP funds are distributed as grants
by the Department on a project-by-project basis to
approved applicants after a competitive evaluation
of eligible program applications submitted within
announced application submission periods. The
Department's performance and obligation to award
program grants are contingent upon an annual
appropriation by the Florida Legislature.
(2) ELIGIBLE APPLICANTS. All county
governments and incorporated municipalities of the
State of Florida and other legally constituted local
governmental entities of the State with the legal
responsibility for the provision of outdoor
recreation sites and facilities for the use and benefit
of the public may submit FRDAP applications,
(3) PROJECT ELIGIBILITY. FRDAP grants
are awarded to grantees for projects that are for the
sole purpose of providing outdoor recreation
opportunities to the public. Applicants may request
funds for one of the following type of projects:
(a) Acquisition. The acquisition of real property
or interests and rights thereon by various legal
means.
(b) Development. Projects for the construction,
expansion or renovation/repair of the following:
1. Primary Facilities. FRDAP funds may b~
awarded for one or a combination of natural or
man-made sites and facilities (e.g., beach access,
fishing piers, boat ramps and docks, canoe trails,
boardwalks and riverwalks, observation towers,
baseball and softball fields, tennis and basketball
courts, playgrounds, hiking, interpretive and
bicycle trails, etc.). Enclosed buildings and
structures are ineligible facilities. Primary facility
V. 20, p. i173 FINANCIAl..:iSS1STANC£ FOR OUTDOOR RECRE~,TION
of the total project cost.
2. Support Facilities and Improvements.
FRDAP funds ma> be awarded for support
facilities and improvements (e.g., parking lots, rest
rooms, bathhouses, access roads, landscaping,
lighting, fencing, signs, handicap ramps, etc.)
which could not stand, or would have little or no
recreational value, without the primary outdoor
recreation facilities. Enclosed building and
structures, except for rest rooms and bathhouses,
are ineligible facilities. A bathhouse provides an
area for individuals that participate in swimming
activities to change clothes and may contain rest
room and shower facilities. Support facilities alone
do not constitute an eligible project except for
projects that provide or improve sandy beach
access,
(4) MATCH REQUIREMENTS. Match
requirements for FR-DAP grants are set forth
below:
(a) Match Ratios. The following match ratios
apply:
Project Cost State Share Grantee Share
$50.000 or less 100% 0
$50,001-150.000 .75 % 25 %
Over $150,000 50% 50%
lb) Eligible Match Types. A grantee may utilize
the following types of match sources:
1. Development Project:
a. Cash
b. In-kind service costs
c. FBIP funds for boating related facilities and
improvements pursuant to Chapter 62D-5, Part
III, Florida Administrative Code.
d. Land value of an undeveloped project site
owned by the applicant when such value is
supported by an approved appraisal prepared
pursuant to Subsection 62D-5.058(7)(c)2. of this
part.
2. Acquisition Project:
a. Cash
b. FBIP funds for boating related projects
pursuant to Chapter 62D-5, Part III, Florida
Administrative Code.
c. Value of real property donated by the seller
when such value is supported by an approved
appraisal prepared pursuant to Subsection
62D-5.058(6)(f)l. of this part. Improvements
identified as part of donated real property must be
utilized for outdoor recreation purpose, either as
primary or support facilities, when the site is
developed.
(c) Ineligible Match Sources. Ineligible match
sources include those identified in thc Department's
Grant and Contract Accountability Policy,
Chapter 1 dA- 11, Florida Administrative Code, and
FRDAP and LWCF funds. Land value of property
acquired through FRDAP or other state and
federal grant and land acquisition programs (c,g.,
LWCF, legislative line item projects, Save Our
Coast Program. Conservation and Recreation
Lands Program, Save Our Rivers, etc.) are
ineligible match sources.
Cabinet shall approve appiicauons to the extent of
a~aiiabic program funds based on a review ..ff the
recommended application prmr, y llg~s of eligible
applications established pursuant to Subsections
0'D-5.055(6) and iT) and Section 5.057 of this
part.
t, 6) PROGRAM AMOUNT ALLOCATION.
For each funding cycle, the Department shall
divide the program amount into two funds: Small
Projects Fund (SPF) and Large Projects Fund
(LPF). The percentage of the program amount that
is allocated to each fund is determined as follows:
ts) Small Projects Fund. The dollar amount of
eligible applications proposing projects that do not
exceed $50,000 in project cos! divided by the total
dollar amount of requested funds in all eligible
program applications.
(b) Large Projects Fund. The dollar amount of
eligible applications proposing projects that exceed
$50,000 in project cost divided by the total dollar
amount of requested funds in all eligible program
applications.
(7) RECOMMENDED APPLICATION
PRIORITY LISTS. The program amount
assigned to each fund, established pursuant to
Subsection 62D-5.055(6) of this part. shall be
divided into two categories: acquisition and
development. The fund amount assigned to each
category is based on the percentage of funds in each
category in relationship to the total amount of
requested funds in all eligible project applications
for each fund. Likewise, eligible project
applications shall be divided into acquisition and
development categories in each fund and evaluated
according to Section 62D-5.057 of this part. A total
point score shall be assigned to each application.
Department staff shall prepare two priomy lists for
each fund: acquisition and development categories.
Applications shall be ranked on the priority lists
according to assigned point scores. The application
with the highest score will receive the highest
priority. Thc remaining applications will bc
arranged in descending order according to their
assigned point scores. The priority lists shall rank
all eligible ~.pplications and include
recommendations for distribution of available
program funds. In the event there are insufficient
applications to account for all program funds
assigned to a category or fund, thc remaining funds
may be applied to the other category or fund.
(8) SITE CONTROL. Thc site of a FRDAP
development project shall be controlled (e.g.,
ownership, lease, permit, management agreement,
etc.) by the grantee by the closing date of the
application submission period. The site shall be
dedicated or managed for public recreation use
pursuant to Section 62D-5.059 of this part.
(9) RETROACTIVE PROJECTS. Land
acquired or developed for public outdoor recreation
purposes prior to the date of project approval by the
Governor and Cabinet may be eligible for FRDAP
consideration. To receive consideration, an
applicant must officially request and obtain a
waiver of rctroactivity from Department staff prior
62D~5.056
~o vurchasing or commencine development of the
property. The request must include a statement
:hat the applicant t'ulh under?~ands :hat granting
of a waiver by thc Doper'.meat is only an
acknowledgement of the need for immediate action
and does not imply FRDAP erant approval by the
Department. The Department shall have ~hirt)'
days to review the request and make a
determination. Acquisition or development costs
are incurred at the applicant's risk. An application
for a project for which a waiver has been granted
must be submitted for program consideration by
the applicant no later than one fiscal year following
the fiscal year in which the waiver was granted by
Department staff, In acquiring or developing the
property, the applicant must conform to all
requirements for acquisition and development
vrojeets set forth in this part_ Such costs are
identified as pre-agreement costs in the project
agreement if the project receives program approval.
(10) HANDICAPPED ACCESSIBILITY.
Grantees must comply with Section 553.45-48,
Florida Statutes, and the Uniform Federal
Accessibility Standards.
(11) PUBLIC ACCESSIBILITY, Program
projects shall be accessible to thc public on a
non-exclusive basis without regard to age, sex, race,
religion or similar condition.
(12) ENTRANCE FEES. Reasonable
differences in entrance fees for program projects
may be maintained on the basis of residence. Such
fees may be charged if the grantee can clearly show
that the differential in user fees reflects, and is
substantially related to, all economic factors, not
simply related to the amount of total tax dollars
spent by the residents, and that a definite burden on
the grantee in park maintenance costs clearly
justifies a higher fee for nonresidents.
(13) NATIVE PLANTINGS. In developing a
project area with program funds, a grantee shall
use only vegetation native to the area, except for
lawn grasses.
(14) UNSETTLED CLAIMS. The
Department may deny or suspend program
eligibility or withhold grant funds to any applicant
or grantee against which the Department has an
unsettled financial claim.
Spect?¢ Authority 370.023. 37.5.075 FS. Law
Implemented 375.075 F$. History--New 12-10-90,
Formerly 16D-5.055.
62D-5.056 Application Requirements. and
Processing. The following constitutes the general
procextures for application submittal and
processing:
(1) APPLICATION SUBMISSION
PERIOD. The Department shall accept program
applications during Department announced
application submission periods. Applications must
b~ postmarked on or before the last day of the
announced application submission period. Prior to
December 31, for program funds that will become
available in the next fiscal year, the Department
shall publicize establishment of an application
submission period and other pertinent application
information. The Department may announce
DEP~RTMENT OF ENVIRONMENTAL PROTECTiON. V. 20, p. 1174
additional armlicalion ,q~hmi~ion
remain after thc inmal i'un~mg c}cic. Submission
periods shall be announced, at [he minimum, in thc
"Florida Aaministrative ~Veeklv" and the
Department's Division of Recreation and Parks'
local government newsletter enmled thc
"Recreation Action Program [RAPL"
(2) MAXIMUM GRANT REQUEST. The
Department shall announce the maximum [unds
that an applicant may request in a FRDAP
application when publicizing ~he establishment of
an application submission period,
(3) NUMBER OF APPLICATIONS. An
applicant m~y su~mit only *ne application during
each application submission peri~. The
application may deal with no more than one project
area except for acquisition or development of sandy
beach access sites.
(4) ACTIVE PROJECTS. A erantee with two
incomplete FRDAP projects by t~e closing date of
an announced application submission period, which
were approved by the Governor and Cabinet
following the effective date of this part, shall not
apply for program funds.
(5) DUPLICATE PROJECTS. A grantee ~hall
not apply for FRDAP funds to complete an
approved FRDAP or LWCF proj,ct. An applicant
shall not submit the same application, or project
elements therein, under FRDAP or LWCF in
~ncurr~nt or overlapping funding cycles.
(6) APPLICATION FORM. The Florida
R,cr~ation Development Assistance Program
Applimtion Form, DEP Form 42-010, effective
dat~ 12-10-90, is h~reby incor~rated by reference
and is available from the Department's Division of
R~rmtion and Parks, 3900 Commonwealth
Boul~ard, Tallahassee, ~orida 32399-3000.
(7) ELIGIBILITY DETERMINATION,
Following closure of an application submission
purlS, Department staff' will review all applicants
for program eligibility and notify applicants of
their ineligibility, when applicable. After
determining the eligibility of an applicant,
D~partm~m staff shall review each applimdon and
notify th~ applicant of the following, if applicable:
(al Ineligibility. Declaration of th, ineligibility
of the application, project element, part or expense.
Applications may b~ declared ineligibl~ by
Departmem staff pursuant to Subs,etlon
62D-5.056(7)(d) of this part.
(b) Reduction. Reduction in project smpe and
(c) Adjustment. Adjustment of funds based
available program Funds, ineligible ex~nses or
r~uc~ proj~t s~pe.
(d) D~ficient D~umentation. R~u~sting the
applicant to submit documentation missing from
the application (~.g., pr~f of site control,
resolution supporting the application, evaluation
criteria, cost estimate, sit~ development plan,
~undary map, etc.) within a prescribed time
peri~. An applicant may r~queat, in writing, that
Department staff ~xtend the prescribed time p~ri~
to submit deficient application d~umentation for
ICl N-~ NCI A L .~SSISTA NCE
v. 20, p, 31'75
good cause (e.g.. federal or state ~eenc~ re~iev..
mail delays, factors beyond grantee's control, etc.),
(8) APPLICATION EVALUATION. Ezch
eligible application shall be evaluated on ~he basis
of th~ information proviOed in the application
in accordance wi~h Section 62D-5.057 of :his p~rt.
Each shall be assigned a ~otal poim score pursuant
to Subsection 62D-5.055(7) of ~his part.
(9) UNFUNDED APPLICATIONS.
Department staff shall return all unfunded
applications to applicants at thc end of the fiscal
year.
Specific Authority 370,023. 375.075 FS.
Implemented 375.075 FS. Hiszorj'~ ~'ew
Formerly ~ 6D-~.0~6.
62~5,057 Evaluation Criteria. In addition
the provisions set forth in this part, an eligible
application's standing among competing zligibl~
applications shall bc determined by thc extent
which it is d~t~rmined to meet th~ criteria set forth
in this sec:ion. Pursuant to Subsection
62D-5.055(7) of this part, a total ~int score shall
be assigned :o each eligible application after an
~valuation according to thc general criteria and,
d~pcnding u~n thc type of project (acquisition
development), either th~ acquisition or
dewlopmcnt criteria.
(1) GENERAL CRITERIA.
(a) Pursuant to thc applicant's adopted local
comprehensive plan. thc project, in whole or in par~,
is identified in thc capital improvement plan or
schedule:
20 ~ints ~ Identified within the
applicant's curr~nt or next
fiscal year.
15 ~in~ ~ Identified within the
applicant's n~xt ~hree fiscal
years.
10 ~ints ~ Identified within the
applicant's n~xt five
years.
(b) The extent to which the project would
implement thc outdoor recreation goals, objectives
and priorities specified in the currently
stat~ comprehensive outdoor recreation plan:
~ints.
(c) The ~xtem to which thc project would
provide for priority resource or facility needs in :he
region ~s specified in th~ currently effective stat~
comprehensive outdoor recreation plan: 7 poims.
(d) The project is a result of th~ applicant's
public pa~icipation pr~css: 21 maximum ~ints.
10 ~ints ~ Prcsemation at a
preadv~rtis~d announced
public meeting solely for thc
discussion of the pro~sed
project.
7 ~ints ~ Presentation at a r~gularly
scheduled advisory ~atd
meeting.
~ ~ints ~ Presentation to community
organizations, neighborhood
ass~iations, opinion su~cy.
FOR OUTDOOR RECREATION 62D-5.057
~e~ The nco,leer is for linear oark nurnoses: I3
t~ The project is for preservation purposes (e.g..
historic, archaeological, cultural, eec.) and has been
verified through the Florida Department of State
by :he applicant: 7 points.
(,g) The applicant has the capability to develop,
operate and maintain the project:
8 points -- Has a full-time recreation or
park department staffed to
provide facility development,
programming and
maintenance capabilities.
4 point~ -- Has demonstrated thc
existence of a full-time
ability to provide facility
development, programming
and maintenance
capabilities.
(2) DEVELOPMENT CRITERIA.
(a) The prOJect provides for new development of
entirely undeveloped park property: 5 points.
(b) The project provides new or additional types
of r~creation facilities and opportunities:
15 points ~ 3 Facilities or more.
10 points -- 2 Facilities.
5 points -- 1 Facility.
(c) The project provides renovation of existing
recreation facilities:
13 points -- 3 Facilities or more.
9 points -- 2 Facilities.
4 points -- 1 Facility.
(d) The project provides new or renovated
support facilities and improvements to existing
recreation areas (e.g., parking, rest rooms, utilities,
etc.): 15 points.
(e) The project provides developed pedestrian
access to or along water resources (e.g., trails,
boardwalks, dune walkovers, etc.): 7 points.
(f) The project provides facilities for
recreational use of water resources (e.g., boat
ramps, swimming docks, fishing piers, etc.): 12
points.
(g) The project provides a facility identified in
the priority of new construction needs or
renovation/repair needs within the applicant's
population density set forth in the current study
entitled "An Infrastructure Assessment of Local
Government Recreation and Pa~k Department
Facility Needs in the State of Florida": 12 points,
(h) The project, in whole or in part, addresses
the priority of infrastructure funding needs set
forth in the applicant's population density in the
current study entitled "An Infrastructure
Assessment of Local Government Recreation and
Park Department Facility Needs in the State of
Florida":
13 points ~ Higher priority or
combination of new
construction and renovation/
repair.
8 points ~ Lower priority,
62D-5.058
I3~ ACOUISITION CRITERIA.
(al ProJect assists :n cL, n~rvmg and protecting
envlronmemally unique, irreplaceable and valued
ecological resources i.¢,g~ flora, Fauna, natural
communities and other special features) identified
in the Florida Natural Areas Invemory: I3 points.
(b) The project providzs ~'rontage on v. ater
bodies (e.g., rivets, wetlands, lakes, oceans, etc.): 6
points.
(c) The project provides for user-based
recreation ~acilities (e.g.. baseball fields, basketball
courts, soccer field, swimming pools, etc.): 15
points.
(d) The project provides the foHowlng pursuant
to the applicant's adopted local comprehensive
plan: 23 maximum points.
15 points -- Needed acreage.
8 points -- Needed distribution of
acreage.
(el The project provides land for recreation,
park land or open space purposes where none exists
in the applicant's jurisdiction: 13 points.
(f') The applicant has identified development of
the property in its five-year capital improvement
plan or schedule: 3 points.
(4) TIE-BREAKER SYSTEM. If two or more
applications receive the same score as a result of the
above evaluation, thc following tie-breaker system
will be used to decide the priority ranking among
them. Tied applications will be evaluated according
to each step of the tie-breaker system in order and
will be assigned their priority accordingly.
(al Step I -- Funding History. An order of
priority among those applications with equal scores
shall be established based on the per capita amount
of funds previously received by the applicant
through FRDAP during the previous five fiscal
years. The application from the applicant having
the lowest per capita amount of funds receives the
highest priority. Other applications will be
arranged in descending order inversely to their
applicants' per capita amount of funds received,
The resident population within the applicant's
jurisdictional boundaries shall be utilized to
compute the applicant's per capita amount of funds
received.
(b) Step II -- Per Capita Operating Budget.
The applicant with the lowest per capita
expenditure of general operating funds receives the
highest priority. The resident population within the
applicant's jurisdictional boundaries will be divided
into the applicant's current fiscal year total general
operating budget to obtain the per capita operating
fund amount.
Specific .~uthority 370.023, $75.075 F.~. Law
Implemented 375.075(2) FS. History--New I2-10.90,
Formerly 16D-5.057.
62D-$.058 Grant Administration. The following
constitutes procedures for administration of
program grants:
(I) PROJECT AGREEMENT. Once a project
application is approved by the Governor and
Cabinet, the Department and grantee shall enter
into a project agreement which sets forth the
DEP.xRI'MENT OF ENvIRONMENTiL PROTECTION v. 20, p. 11",6
resvonsibilities and du~e~ n( e:~ch 'e?-d;n?
administration of the approved project. The project
agreement shall incorporate terms and conditions
as particular circumstances die:ate.
(2) PAYMENT BASIS. Grantees are paid
approved program funds by the Department
subject to the following conditions:
(al Project Costs. Payment of project costs are
made if etigible as provided rot in this part and the
project agreement. Costs shall be incurred between
the effective date of. and the project completion
date identified in, the project agreement with the
exception of pre-agreement costs. Costs for
appraisals, surveys (boundary and topographic),
title searches and project signs are eligible project
expenses. If the total cost of thc project exceeds the
grant amount and required match, the grantee
must absorb the additional cost.
(b) Cost Limits. Project planning expenses (e.g.,
application preparation, architectural and
engineering fees, permitting fees, project
inspection, etc.) are eligible project costs provided
such costs do not exceed fifteen (15) percent of the
project cost. Such costs shall be incurred between
two y,ars prior to opening date of the application
submission period and the completion date
specified in the project agreement.
(c) Retention. For development projects, the
Department shall retain not less than ten percent
(10%) of the grant award until the grant**
completes the project and Department staff
approves the completion documentation set forth in
Subsection 62D-5.058 (7)(d) of this part.
(3) ACCOUNTABILITY. The following
procedures shall govern the accountability of
program funds:
(al Accounting System. Each grantee is
responsible for maintaining an accounting system
which meets generally accepted accounting
principles and for maintaining financial records to
properly account for all program and matching
fund~.
(b) Grant and Contract Accoumability Policy.
Th, grantee shall ensure the requirements of the
Department's Grant and Contract Accountability
Policy, Chapter 16A-I 1, Flbrida Administrative
Code, are met.
(al PROJECT COMPLETION
CERTIFICATION. The grantee shall submit to
the Department a Project Completion Certificate,
DEP Form 42-056, effective date 12-10-90, hereby
incorporated by reference and available from the
Department's Division of Recreation and Par~,
3900 Commonwealth Boulevard, Tallahassee,
Florida, 32399-3000.
(5) REVERTED PROJECT FUNDS. FRDAP
funds remaining after termination of a grant award
or grantee completion of an approvpti project are
subject to the provisions of Chapter 216.301,
Florida Statutes. If any funds awarded during a
funding cycle are not accepted By the grantee or
become available before termination of the fiscal
year for which appropriated, the Department may
apply the funds in priority order to unfunded
applications remaining on the Governor and
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V. 20, p, 1177 FINANCIAL ~,SSIST~NCE FOR OUTDOOR RECRE4TION
Cabine~ ,approved eec.m mended
priority lists.
(6) ACOUISITION PROJECTS, The
following consntutes ~he specific procedures for
administration of aequisiuon projects:
(a) Grant Period. If allowed by Chapter
216,301, Florida Statutes. the grantee will have up
to one year from the effective date of the projee~
agreement to purchase the projeeL Department
staff will extend this period for good cause (e.g..
financial hardship, public controversy, factors
beyond grantee's control, etc.) at the written
request of the grantee.
(b) Ownership. Tkle to land acquired
program funds shall vest with the grantee.
(c) Procurement. The grantee shall purchase the
property according to its adopted acquisition
methods.
(d) Assumption of Title. The grantee shall not
purchase the property until the project agreement
is fully executed and Department staff approves the
commencement documentation required by
Subsection 62D-$.058(6)(f') of this part, unless
otherwise specified in this part.
(e) Site Development. The grantee will have up
to three (3) years from the completion date set
forth in the project completion certificate to
develop the property, unless extended by
Department staff for good cause (e.g., financial
hardship, public controversy, material shortage,
unfavorable weather conditions, factors beyond
grantee's control, ere,) at the written request of the
grantee.
(f) Commencement Documentation. Prior to
commencement of acquisition procedures, the
grantee shall submit for Department staff approval
the documentation described in the Florida
Recreation Development Assistance Program
Acquisition Project Commencement
Documentation Form, DEP Form a2-005, effective
date 12-10-90, hereby incorporated by reference
and available from the Department's Division of
Recreation and Parks, 3900 Commonwealth
Boulevard, Tallahassee, Florida 32399-3000.
1. Appraisal. Prior to Department staff
authorizing the grantee to commence acquisition
procedures, the grantee shall submit to the
Department an appraisal, prepared in accordance
with the uniform standards of professional
appraisal practices, which establishes the market
value of the project site. The market value of the
project site shall be based on its highest and best
use. If the property is $500,000 or less in appraised
value, one appraisal is required. If the property
exceeds $500,000 in appraised value, two
appraisals are required. The appraisal(s) shall be
dated no earlier than six months prior to the closing
date of the application submission period and
prepared by an appraiser included on the list of
approved appraisers maintained by the
Department's Division of State Lands, The list of
approved appraisers may be obtained from the
Division of State Lands, Bureau of Appraisal, 3900
Commonwealth Boulevard, Tallahassee, Florida,
32399-3000. The Bureau of Appraisal shall
release of program ;ands to the gramec.
a~Draisals are required Ocr lhe pro)oct, the lo-er of
the approved appraised values is the basis of the
acquisition cosl for program pur~ses.
~. Survey. For ali acquisition pro~ects.
gran~e~ shall suomit to the Deparlment a survey
the project site following Governor and
approval of ih¢ application and prior to staff
authorizing the gran~ee lo commence acquisition
procedures. The survey shall include a legal
description of the property, be u~ated to within
one year of the closing date of the application
submission period and be prepared by a Florida
registered land sumeyor. Department staff will
allow the grantee ~o submit other ~undary
d~umentation (e.g.. sketch of description, legal
description, etc.) for good cause (e.g.. excessive
cost. factors beyond the grantee'9 control, ere.) at
the written request of the grantee. Along with the
survey or other Department staff approved
boundary information, the grantee shall submit the
results of a title search for the project area. The
search shall cover the five-year peri~ prior to
Governor and Cabinet approval of the project.
(g) Completion D~umentation. After
completion of acquisition pr~edures and prior to
receiving the final program payment. ~he grantee
shall submit for Department staff approval the
d~umentation described in the Horida Recreation
Development Assistance Program Acquisition
Project Completion D~umentation Form, DEP
Form 42-006, effective date 12-10-90, hereby
in~r~rat~ by reference and available from the
Department's Division of Recreation and Parks,
3900 Commonwealth Boulevard, Tallahassee,
~orida, 32399-3000.
(7) DEVELOPMENT PROJECTS. The
following ~nstitutes the specific procedures for
administration of development projects:
(a) Grant Peri~. If allowed by Chapter
216.301, Florida Statutes, the grantee will have up
to three (3) years from the effective date of the
proj~t agreement to complete the project.
Department staff will extend thi~ period for
cause (e.g.. financial hardship, public controversy,
material shortage, unfavorable weather conditions,
factors beyond grantee's control, etc,) at the
written r~uegt of the grantee.
(b) Pr~urement of O~s and Semites. The
grantee shall s~ure all g~s and servi~s for
accomplishment of the project according to its
adopted pr~urement pr~edures.
(c) Commencement D~umemation. Prior to
~mmeneement of project construction, the grantee
shall submit for Department staff approval the
d~um~ntation described in the Horida Recreation
D~elopment Assistance Program Development
Proj~t Commencement D~umentation Form,
DEP Form ~2-005, effective 12-10-90, hereby
in~r~rated by reference and available from the
Depa~ment's Division of Recreation and Parks,
3900 Commonwealth Boulevard, Tallahassee,
Florida, 32399-3000.
67D-5,059
DEP xRTMENT OF ENVIRONMENT.kL PROTECTION v. 211, p. 11'78
1. Project Preconstruc:ion Cerufication. The
grantee shall submit :e :he Department a Projcct
Preconstruction Ceruficate, DEP Form 42-043,
effective date 12-)0.~0. ~cre~ mcorporate~
reference and avaiiabie from the Departmem'~
Division of Recre~fio~ and Parks. 3~00
Commonwealth Boulevard, Tallahassee, Florida
32399-3000 upon toques:.
2, Land Value ApptMsal, Prior to Department
staff authorizing the grantee to commence
construction of a project utilizing land value as
ma~ch, in whole or in part. the grantee shall submit
to the Department an appraisal, prepared
accordance with the uniform standards
professional appraisal practices, which establishes
the land value of the project site bas~d on its market
value. The market value of the projec~ site shall
based on its highest and best use, The appraisal
must be dated no earlier than one year prior to the
closing date of the application submission period
and prepared by an appraiser on the list of
approved appraisers maintained by the
Department's Division of State Lands. The list of
approved appraisers may be obtained from the
Division of State Lands, Bureau of Appraisal, 3900
Commonwealth Boulevard, Tallahassee~ Florida.
32399-3~0. The Bureau of Appraisal shall
approve th~ appraisal prior ~o Department release
of approved FRDAP funds to the grantee.
Approved land value not utilized by the grantee for
match on an approved program project may be
used as matching funds on a subsequent approved
project within two years after Governor and
Cabinet approval of the initial project. ApprovM of
such use must be authorized in writing in advance
by Department staff' and only for one additional
project.
3. Permits. The grantee shall obtain all required
state a~fl federal envito~enta] ~onstrB~tio~
~rmits and approvals prior to commencement of
proje~ construction. For projects approved
pursuant to this pan in fiscal year 92-93 and
thereafter. ~h¢ grantee shall obtain all such permits
and approvals prior to April 30 in the fiscal year for
which program funds were appropriated. The
grantee must certify that all such permits and
approvals were obtained. If not, the Department
will ter~inat~ the program agreement and al]~ate
the program funds pursuant to Subsection
62D-5.055(7) of this pan. A grantee awarded
funds following termination of a project agreement
pursuant to this subsection must obtain all such
~rmits and approvals within ten (10) months after
exe~gtio~ of the projec~ agreem~B1 ~d ~65t so
eertify to the Department. If not, the Department
will t~r~inat~ the project agreement, and the
program funds will revert pursuant to Subsection
62D-5.058(5) of this part. Department staff will
extend the peri~ of time for the grantee to submit
such perm/ts and approvals for $ood cause (e.g.,
mail deliver, state 0r federal agency review,
factors beyond grantee's control, etc.) at
writt~ r~Be$l of th~ grantee.
4. Boundary Map. For all developmenl projects,
the grantee shall submit to the Department a
provide a dcscripuun and ,.,ketch of ~h¢
boundaries, displa) known ca~ements and bc
legally sui~icient to identify the area v.h~ch
afforded protection under 62D-5.05~(1) under this
part. h must be dated and ~igned b5 the grantee.
Along with the map, the grantee shall subma the
results of a title search for the projec~ area. The
search shall cover the five-year period prior
Governor and Cabinet approval of the project,
(d) CompLetion Documentation, U~n
completion of the project and prior to release of the
final payment, the grantee shall submit for
Department slaff approval the documentation
described in the Florida Recreation Development
Assistance Program Project Development
Completion Documentation Form. DEP Form
n2-006, effective 12-10.90. incorporated by
reference and available from the Department'~
Division of Recreation ana Parks. 3900
Commonwealth Boulevard, Tallahassee. Florida,
32399-3000.
(e) Inspections. Department staff shall perform
an on-site inspection of ~he project site to ensure
compliance with the project agreement prior to
release of zhe final grant payment.
Spectfic Authority 370.023, 375.075 FS. Law
lmglememed 375.075 KS. Histor),~New 12-10-90.
Formerff 16D-5.058.
62D-5.059 Compliance Responsibilities. The
following constitutes the general requiremem~ for
program compliance:
(1) SITE DEDICATION. Land owned by the
grantee, which is developed or acquired with
FRDAP funds, shall be dedicated in per~tuity as
an outdoor recreation site for ~he use and benefit of
the public. The dedication must be recorded in the
public property records by the grantee. Land under
control other than by ownership of the grant~
(e.g., lease, permit, management agreement or
other similar instrument, etc.) and developed wi~h
program funds shall be managed as an outd~r
recreation area for the public for a minimum
of twenty,five (25) years from the completion da~e
set forth in the project completion certificate.
(2) MANAGEMENT OF PROJECT SITES.
Grantees shall ensure that projects on
gramee-own~d lands, purchased or develop~ with
FRDAP ~unds, shall be managed for outd~r
recreation pur~ses for a minimum period of
twenty.five (25) years from the completion date set
forth in the project completion eertifi~te. Lands
developed with FRDAP funds, but controlled by
means other than ownership, shall be managed as
an outd~r recreation site for a minimum peri~ of
twenty-five (25) years after the completion date ~et
forth in the project completion certificate. All
projects shall be open at reasonable times and shall
be managed in a safe and attractive manner
appropriate for public use.
(3) CONVERSION. Should a grantee, within
the perils set forth in Subsections 62D-5.059(1)
and (2), convert all or part of the project ~ite to
other than Department staff approved recreational
uses, the grantee shall replace the area, facilities,
V. 20, p. 1179 FIN ',,\CI.a,I. .~,,.(SSIST.,~tNCE FOR OUTDOOR RECREATION
fi:D.5.061
resource or sit,' at ~ts o~vn cxr)ense ~ith an
acceptable project ~)l comparable scope and
quality.
(4) NON-COMPLIANCE Ybe l)¢partmem
shall have the right to terminate a project
agreement and demand return o£ the program
funds (including applicable interest) for
non-compliance by a grantee. Failure by a grantee
to comply with the provisions of this part or the
project agreement shall result in thc Department
declaring the grantee ineligible for further
participation in FRDAP until such time as
oompliance has been obtained to the satisfaction of
the Department.
(5) REFUND, Should the Department for any
reason demand from the grantee a refund, in whole
or in part, of the funds provided under terms of the
project agreement, the grantee shall refund thc
amount to the Department upon its request.
Disputes shall be handled in accordance with
Chapter 110, Florida Statutes.
(6) POST COMPLETION INSPECTIONS.
Department staff shall periodically inspect
completed program projects to ensure compliance
with Subsections (1), (2) and (3) of this section.
Specific Authorio' $?0,025, 375,075 F$, Lab'
Implemented 375.075 FS. Hislor),--Ne~ 12-10-90.
Formerly 161~J.0.59.
PART VI LAND AND WATER
CONSERVATION FUND PROGRAM
62D..5.060 Purpose. The federal Land and
Water Conservation Fund Program (LWCF),
established by the U.S, Congress upon enactment
of the Land and Water Conservation Fund Act of
1965 (Public Law 88-578, 78 Statute 897, as
amended), provides matching grants to the State of
Florida, and through the State to governmental
entities, for the acquisition and development of
outdoor recreation purposes. The National Park
Service (NPS) and the Florida Department of
Environmental Protection (DEP) administer the
program on behalf of the U.S. Department of the
Interior and the State of Florida, respectively.
After federal apportionment, NPS provides LWCF
funds to the State of Florida and the Florida
Legislature provides expenditure authority to DEP.
The purpose of this part is to set forth policies and
procedures for the Department of Environmental
Protection to implement the program. DEP is
authorized to participate in the LWCF program
pursuant to Chapter 375.02.1 (3), Florida Statutes.
Specific Authority 370.023 FS. Law Implemented
$75.021, 37.5.041 F$. History--New 12-10-90. Formerly
16D-&060.
621~$.061 Definitions. The basic terms
utilized in this part are defined as follows:
(1) "ACQUISITION" means the act of
obtaining real property or interests and rights
therein by various legal means to serve public
outdoor recreation purposes.
(2) "APPLICANT" means a local
governmental entity which submits an application
for LWCF funds to the Department durin~ an
announced apPticanon submission pcrlocl,
t3) "APPLICATION" means a formal request
for LWCF funds by an applicant consisting of a
project proposal with required documentation.
tO) "APPLICATION SUBM 1SSION
PER1OD" means the formally announced period of
time announced by the Department for the
submission of LWCF applications by local
governmental entities in a single funding cycle.
(5) "CASH" means money paid by a grantee to
purchase goods and services from private and
independent sources for accomplishment of an
approved LWCF project. In-kind service costs are
not defined as cash,
6) "DEPARTMENT" or "DEP" means the
Florida Department of Environmental Protection.
(7) "DEVELOPMENT" means the act of
physically improving an area. facility, resource, or
site to increase its ability or capacity to serve public
outdoor recreation purposes.
(8) "DIVISION OF RECREATION AND
PARKS" means the Division of Recreation and
Parks of the Florida Department of Environmental
Protection,
(9) "DIVISION OF STATE LANDS" means
the Division of State Lands of the Florida
Department of Environmental Protection.
(10) "EVALUATION CRITERIA" means the
standards used to evaluate LWCF applications.
( 11 ) "FACILITIES" means capital
improvement projects which provide or assist in
providing outdoor recreation opportunities.
(12) "FBIP" means the Florida Boating
Improvement Program administered pursuant to
Chapter 62D-5, Part III, Florida Administrative
Code.
(13) "FISCAL YEAR" means the State fiscal
year, July 1 -- June 30.
(14) "FRDAP" means thc Florida Recreation
Development Assistance Program administered
pursuant to Chapter 62D-5, Part V, Florida
Administrative Code.
(15) "FUNDING CYCLE" means the interval
of time between .the opening of a LWCF
application submission period and grant award by
NPS.
(16) "GOVERNOR AND CABINET" means
the Governor and Cabinet of the State of Florida
sitting as the Head of the Florida Department of
Environmental Protection.
(17) "GRANT" means program funds
authoriz~ by NPS for release to the State, and by
the Governor and Cabinet for release to a gram,e,
for implementation of an approved program
project.
(18) "GRANTEE" means a local governmental
entity receiving LWCF funds pursuant to an
approved LWCF application.
(19) "IN-KIND SERVICE COSTS" means
in-house expenses incurred by a grantee for labor
and materials and grantee owned and maintained
equipment for accomplishment of an approved
LWCF project.
62D-5,062 DEPa. RTMENT OF ENVIRONMENTAL PROTECTION X', -20. p. 1180
~20) "LAND ".,"a, LLE" means the appraised (39) "PRO.IECT EI_E',.IFX;T'' mean~ an
value of donated land u~cd b', ,: grantee a~, match Io ]dentihed segment of a project ~l~h rctated
LWCF funds.
t2l) "LINE.-XR PxRk" means an act:ye or
passive outdoor area oI' linear design that provides
or connects recreation, park !and or open space
areas,
(22) "LOCAL COMPREHENSIVE PLAN"
means plans adopted pursuant to Chapter 163.
Florida Statutes,
(23) "LWCF" means the Land and Water
Conservation Fund Program,
(24) "MANUAL" means the Land and Water
Conservation Fund Program Grants Manual
published by thc National Park Service of the
United States Department of the Interior.
(25) "MATCH" means the provision of cash,
in-kind services and value of donated real property
in thc ratio required to be added to LWCF funds by
the grantee for the project cost,
(26) "NEEDS" means a deficiency or a
necessity to carry out a predetermined level of
service.
(27) "NEW CONSTRUCTION" mcans
building new facilitics,
(28) "NPS" means thc National Park Service of
thc Unitcd States Department of the Interior.
(29) "OPEN SPACE" means an outdoor area
whose purpose is to provide a source of recreation
and contributes to environmental harmony through
thc enrichment of flora, fauna and geological
features.
(30) "OUTDOOR RECREATION" means the
pursuit of leisure activities in an outdoor
environment,
(31) "PLAN" means the currently effective
comprehensive outdoor recreation plan for the
State of Florida.
(32) "PREAGREEMENT EXPENSES"
means expenses incurred by the grantee for
accomplishment of an eligible LWCF project prior
to execution of a project agreement.
(33) "PROGRAM" means the Land and Water
Conservation Fund Program.
(34) "PROGRAM AMOUNT" means the
amount of LWCF funds available during any
funding cycle.
(35) "PROJECT" means a planned
undertaking in which all actions or activities have a
clear-cut identity and a well-defined common
outdoor recreation objective and which has been
planned to the point of definite implementation.
(36) "PROJECT AGREEMENT" means
separate executed contracts between thc
Department and NPS and thc Department and a
grantee setting forth mutual obligations regarding
an approved LWCF project.
(37) "PROJECT COMPLETION DATE"
means the date specified in a project agreement by
which the grantee shall complete an approved
LWCF project and incur ail grant and match
related expenses.
(38) "PROJECT COST" means the total of the
LWCF grant award and required match.
facilities or improvements.
~40) "PROJECT PERIOD" means the
approved period of time set forth in a project
agreement during which eligible project costs ma,','
be incurred and charged to the grant.
(41) "PROJECT SITE" means the specific
area, defined by a survey or project boundary map
and legal description, where LWCF funds ar~ used
for an approved project.
(42) "REAL PROPERTY" means land and
improvements attached to or affixed to the land
used by the grantee to match LWCF funds,
(43) "RENOVATION/REPAIR" means the
restoration of a facility or project area to an
improved state suitable for public use that has
deteriorated due to natural causes to the point
where its usefulness is impaired. Such restoration is
not eligible if deterioration of the facility or project
area is due to inadequate maintenance during /ts
reasonable lifetime.
(~4) "STAFF" means appropriate staff of the
Department,
(45) "STATE" means the State of Florida.
(46) "WAIVER OF RETROACTIVITY"
means written Department authorization that an
acquisition project may be commenced by an
applicant prior to National Park Service approval
of a program application. Such authorization does
not imply Governor and Cabinet or NPS approval
of a future LWCF application.
Specific ~4uthoriO. 370,023 tvS. Law Implemented
375.021. 373.041 FS. History--New 12-t0-00. Formerly
16D-5.061,
62D~5.062 General Requirements. The following
constitutes the general procedures for the program:
(1) DISTRIBUTION OF PROGRAM
FUNDS. LWCF funds are distributed as grants by
the Department on a matching, project-by-project
basis, to approved applicants after a competitive
evaluation of eligible program applications
submitted within announced application
submission periods. The Department's
performance and obligation to award program
grants are contingent ' upon an annual
apportionment from NPS and expenditure
authorization by the Florida Legislature,
(2) MANUAL. The Department, applicants
and grantees shall meet all program requirements
· set forth in the Land and Water Conservation Fund
Grants Manual. The manual is hereby
incorporated by reference and excerpts are
available from the Department's Division of
Recreation and Par~, 3900 Commonwealth
Boulevard, Tallahassee, Florida 32399-3000.
(3) PLAN. All projects receiving grant
assistance through LWCF shall implement the
currently effective statewide comprehensive
outdoor recreation plan.
(4) ELIGIBLE APPLICANTS, All county
governments and incorporated municipalities of the
State of Florida and other legally constituted local
governmental entities with the legal responsibility
for the provision of outdoor recreation sites and
City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA32958
TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570
SUBJECT: REQUEST FROM PELICAN
ISLAND PRESERVATION SOCIETY TO USE
RIVERVIEW PARK
Approved For Submittal By:
City Manager
Agenda Number:
Dept. Origin: Community Development
BC
Date Submitted: 8/22/95
For Agenda Of:
Exhibits:
1.
9/13/95
Ruth Davies letter dated 8/8/95
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
The Pelican Island Preservation Society is requesting permission from the
City Council to utilize Riverview Park on Sunday, March 10, 1996 for the
93rd anniversary celebration of Pelican Island National Wildlife Refuge.
Hours of use will be 9 a.m. to 4 p.m. and the applicant also wishes to
have the use of electric.
Unless otherwise stipulated by City Council, the following are established
rules for use of Riverview Park:
1. $100.00 Security Deposit
2. No vehicles in the park.
3. Applicant to provide sufficient waste receptacles and
clean up after event.
4. No alcoholic beverages are permitted within the park.
5. All displays must be clear of the sidewalks and entranceways.
6. Any goods for sale must be handmade by members of the
organization.
7. Applicant must contact and receive approval from the Health
Department regarding the sale of food.
8. Applicant to coordinate with Public Works Department for use
of electric.
Page 2
RECOMMENDED ACTION
Move to approve the request from Pelican Island Preservation Society to
use Riverview Park on Sunday, March 10, 1996, including electric, with
standard conditions.
·
.... August 8, 1 995 i,';'.:,:'
'
Vice President Community Development Director ".j;~:::;.,,- ~.11I Ok%~' .'---'.
~5~u City of Sebastian
'".,'.
Rri'dr n "~~ ' ............ . -'"'
bec-craw '
C~dy~dcrson SUNDAY, MARCH 10, 1996
407/388-3622 Dear Bruce:
Corresponding
~?re!aF Pelican Island Preservation Society (PIPS) would like to
~6~31 hold the 93rd anniversary of Pelican Island National Wildlife
Refuge at Riverview Park on Sunday, March 10, 1996. The hours
Treasurer of this event would be from 11 a.m. to 4:00 p.m. (set up for
Peg Rondeau. booths would be from 9 to 11 a.m. )
407 / f89-~792
This would be an event featuring exhibits by area non-profit
B0ardMembe~s organizations (i.e., the Audubon Society, The Friends of the
T~r~s~H~r St Sebastian River, the Native Plant Society, Environmental
Bud K]~c~cr '
RichM~ Learning Center, etc.). There may be some exhibitors selling
Gayl~St~w~ arts and crafts items and food vendors. We would anticipate
attendance of approximately 500 hundred people during the
course of the day.
I understand this request needs to be put on the consent
agenda for a City Council meeting. If you will advise
when this will be on the agenda, I shall be in attendance
in case any discussion is needed. If you need further
information regarding this coming event, please feel free
to give me a call (589-3687).
Thanks very much for your attention to this request.
Sincerely,-~-~x -~-
Ruth Davies
President
PELICAN ISLAND .PRESERVATION SOCIETY (PIPS)
P.O. Box 1903 · Seb~, FL 32978
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 D FAX (407) 589-5570
AGENDA FORM
SUBJECT:
Use of Community Center for
Wedding
APPROVED FOR SUBMITTAL BY:
City Manager:
Dept. Origin :__City Clerk --~,0' '~
Date Submitted:__September 5, 1995
For Agenda Of: __September 13, 1995__
Exhibits:
Application Received 8/30/95
EXPENDITURE
AMOUNT
APPROPRIATION
REQUIRED: BUDGETED: REQUIRED:
............SUMMARY STATES'lENT .......
The City of Sebastian has received an application from Michelle McGarry requesting the
use of the Community Center on January 20, 1996 from 5:00 PM to 10:00 PM for a
wedding.
She is also requesting permission to serve alcoholic beverages at the event.
The security deposit of $250.00 and a rental fee of $140.00 plus $9.80 tax was received with
the application.
RECOMMENDED ACTION
Move to approve the request with the use of alcohol.
~5/i5/i994 23:35
4075674433 PAGE 01 I
' ~-'~P 06 '9~ O?:?OAM CITY OF ~EB~TIAhl P.E/3 ~
CITY OF SEBAST~N ]
~ RENTAL PE~IT APPLICATION ~
Make C~=ck= Puyable to: CTTY OF
· ' "SPEC1~I,~ NCH'~ A ne~e lee of 5% or $20.00 (whichenrer is gre~czter) may be charged for any
dishorcgred check per Hot'ida State Stmute
ONLY
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City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE 589-5330 n FAX 589-5570
(407)
(407)
AGENDA FORM
SUBJECT:
Use of Community Center for
Wedding Reception
APPROVED FOR SUBMITTAL BY:
City Manager:
] AGENDA NO.
]
]
] Dept. Origin : City Clerk ~' 0'\4
1
] Date Submitted:__September 7, 1995
]
] For Agenda Of: __September 13, 1995__
1
1 Exhibits:
] Application Received 9/7/95
EXPENDITURE
AMOUNT
APPROPRIATION
REQUIRED: BUDGETED: REQUIllED:
........ 'S~}MMARY STATE'I~'~NT
The City of Sebastian has received an application from Judygale Kuhns requesting the use
of the Community Center on October 14, 1995 from 2:00 PM to 6:00 PM for a wedding
reception.
She is also requesting permission to serve alcoholic beverages at the event.
The security deposit of $250.00 was received with the application and a rental fee of
$100.00 plus $7.00 tax will be required when key is picked up.
RECOMMENDED ACTION
Move to approve the request with the use of alcohol.
DATE: _/~'_~
CITY OF SEBASTIAN
RENTAL PERMIT APPLICATION
[~cOMMUNITYCENTER [
YACHT CLUB
Name of Organization or Group if Applicable:
Reason for Rental:
Requested Date:
Appro× # of Persons Attending Event: /~_~
rime of Day: From C~ To: C"]/~. ....
Please Answer YES or NO:
i) Are kitchen facilities required?
2) Are you a resident of Sebastian?
3) Will decorcxtions be put up?
4) Will there be an admission or door charge?
5) Will alcoholic beve~ges be served?
(a) if answer to #5 is Yes, Permittee's Proof of Age: ~'t._. ,bO. L ,
(b) if alcohol is to b~ served, permission is required by City Council. Your request will be presented to
Council on ~,~,.,~' ,3, ~ ? ~' s~
Security Deposit $ ~ ~'-c:~, ~'~o Rental $ /0 ~ + 7% Tax 7- '~ = $ / ~ 7, ~
Make Checks Payable to: CITY OF SEBASTIAN
*' ' SPECIAL NOTE; A service fee of 5% or $20.00 (whichever is greater) may be charged for any
dishonored check per Florida State Statute 166.251.
OFFICE. U.GE ONLY
Security Deposit Paid On
Rental Fee Paid On
7 /Date Cash
Date Cc~sh
Alcohol Beverc~ge Request heard at the Council Meeting on
Key Pickup Date
Security Deposit Returned By City Check No.
Comments:
C~eck
Check
Key Return Date
irt the amount of
01".
Initials
Initials
.APPROVED/DENIED
City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570
CITY COUNCIL AGENDA TRANSMITTAL
SUBJECT: Vacation of Easement AGENDA NO: ~)~ / ~J~7
Lot 5, Block 445, Sebastian .j
Highlands Unit 17, Simes DEPT. ORIGIN: ~~
DATE SUBMITTED: 9/6/95
MEETING DATE:
APPROVED FOR SUBMITTAL:
City Manager ·
EXHIBITS:
Expenditure Required:
Amount Budgeted:
Sec. 90-129 Cod of Ordinances
Craven Thompson Letter
Application
Survey
Letters of No Objection
Proposed R-95-46
IAppropriation Required:
SUMMARY STATEMENT
We have received a application for vacation of easement for Lot 5, Block 445, Unit 17
Sebastian Highlands from Carroll Simes.
John Hill, Craven, Thompson and Associates, Inc., has recommended that the subject
easement be preserved in total. No other objections were received.
In accordance with Section 90-129, we are submitting the application, all
recommendations from staff, utilities, and the consultant and a proposed Resolution. If
the decision of the City Council is to approve, it should then adopt the Resolution. If the
decision of City Council is to deny the application, no action on the Resolution is
necessary.
§ 90-127 SEBASTIAN CODE
Sec. 90-127. Notification of public utilities; objections.
Upon receipt of the request under section 90-126, the city clerk shall advise the existing
public utility companies by certified mail, and the utility companies, after notification is
received, shall respond in writing within 15 days o£ any objections thereto.
(Code 1980, § 23-76)
Sec. 90-128. Onsite inspection report.
The city manager shall direct the building inspector or city engineer to make an onsi~e
inspection of the property and make his report and recommendation in writing to the city
manager, stating whether the easement is necessary to ex/st to serve the city either at present
vr in the future, or whether the easement serves no public purpose.
(Code 1980, § 23-77)
Sec. 90.129. Action by city council.
(a) The city manager shall present the request for vacating an easement, together with
the reports from the utility companies, and the report and recommendation of the building
inspector or city eng/neer, to the city council.
(b) If the city council deems that such easement is without the public interest and affords
no public necessity at the present time or as regards the future growth of the city, the city
council may, by resolution duly passed, vacate the easement.
(Code 1980, § 23-78)
Sec. 90-130. Recording of city council resolution.
The city clerk shall send a copy of the resolution vacating the easemeng together with the
necessary recording fee to the Clerk of the Circuit Court, Indian River County Courthouse for
recording.
(Code 1980, § 23-79)
CD90:18
Ms. Kathryn O'Halloran, City Cleric
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
Via; Telefax 559 5570
Easement Vacation Request:
Lot 5, Block 445, Sebastian Highlands Unit 17-Simes
4OA I ON
Dear Ms. O'Haliora~
In response to the request for vacation of the easement on the
referenced lot, we respond as follows:
i
I
I
I
Lot 5, Bl~9.ck 4,45,..Sebasfim! Hiohlands Unit 17-$imes:.
This lot has a significant canal on its western border. The 20'
easement was set aside by the developer m allow maintenan¢~
equipment to service the canal, for cleaning, reshaping, etc. Based
on field observation, this 20' wide easement should be preserved in
total;, it will likaly be needed in the future. In addition, this
easement for maintenance is a matter of permit approval by the
If you need further information, please advise.
CC:(telefi~x) Mr. loel Koford
CITY DF SEBASTIAN
APPLICATION FOR VACATION OF EASEMENT(S)
(This request shall no be accepted unless completed in full)
~,Ess: (7£, i ~ ~*' .'2_,.~ i i~,'w.'~..~;,.~,~. 1,)1 g'~::/~'b',,~., ,O-I.
TELEPHONE ~O =~ ~;-~'4:~,.,
*Individual, corporation, etc. - If corporation apply corpora're
seal below
LEGAL DESCRIPTION OF REAL PROPERTY ON WHICH EASEMENT EXISTS:
r ,5-. D i,'%
(attach description on attachment if necessary)
DESCRIPTIVE LOCATION OF EASEMENT TO BE ABANDONED:
(This item to be filled in by Building Official)
TYPE OF EASEMENT:
APPROXIMATE SIZE OF EASEMENT:~_2~_feet in length~L~_in width
PURPOSE FO~ REOUEST TO VACATE: '~ }~ ;F~:~ .~:~ ~-~
_J~- ' rl~.,. ['~, rJ~" ~.. - ~.~/,~,~.-/ ~-;a~ .z~ ' z,.,l~A, ~.~,.,~'t ..
(Explain in detail your need to release this easement)
I IIEREBY CERTIFY that I, 'the Applicant, own the real property on
which the easement I request to vacate exists, or I am authorized
to present this request to vacate by the owner of the real
prope,~]ty.[ ',~ j/,..~
Signed: ( title, if any)" ~ate "
('--~/%¥P,~ll ~1'~,{,%/~ ~, Corporate Seal
Please Print Name Here
Attach hereto 'the following:
) 1. Map, plat, survey, or clear drawing at least 8 1/2" x 11"
showing the parcel of land on which the easement exists,
with parcel(s) of land adjacent to the easement requested
to be vacated. SHOW TI{E EASEMENT CLEARLY ON DRAWING.
) 2. Complete legal description of the parcel of land on which
N/A) the easement exists if the full description cannot be
placed on the lines provided above for the description.
) 3. Written authorization of the owner of the parcel of land
(N/A) on which the easement exists if the applicant is not the
owner.
( ) 4. IF IT IS NECESSARY TO GRANT BACK ANOTHER EASEMENT TO
(N/A) REPLACE THE EASEMENT THAT IS TO BE VACATED ATTACH A DEED
OF EASEMENT TO ACCOMPLISH THE DEDICATION O~ THE NEW EASEMENT.
/~--~) 5. Attach a check or money order payable to "The City of
/. ~ Sebastian" upon submittal of this application to the
/ /~'~,7 ', Office of the City Clerk. This application fee is not
City of Sebastian
1225 MAIN STREET ~ SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
July 19, 1995
Richard Votapka
Sebastian Utilities
1225 Main Street
Sebastian, Florida 32958
Dear Sir: '
The City of Sebastian has been requested to grant approval for abandonment of the East five (5) feet of west
twenty (20) foot Public Utility and Drainage easement of Lot 5, Block 445, Sebastian Highlands Unit 17. A
copy of the survey is attached for your information.
In compliance with City of Sebastian Ordinance No. O-76-4, June 14, 1976, you must respond in writing
within titan days.
Should you have any questions concerning this matter, please contact my office at 589-5330 between the
hours of 8:00 a.m. and 4:30 p.m.
Sincerely.~ours,
Kathryn M. O'Halloran, CMC/AAE
City Clerk
KOH:lmg
Attachment
abanlet.wpd
Project
contractor " Owner
w~the~ Tamp oa~ AM:
oat PM
Pr~en~ a~ Site
CITY OF SEBASTIAN
P.O. Box 780127
Sebastian, Florida 32978-0127
(305) 589-5490
ILD INSPECTION REPORT
FOLLOWING WAS NOTED
, ,~&,' ~ ~' . 'e' '~ < .... ' ', .~ ~,,,' '"~ .........
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_.__
, ,'
roES TO
FIELD REPORT
SIGNED '
July 25, 1995
Ms. Kathryn M. O'Halloran, City Clerk
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
RE: Abandonment of Easement - Lot 5, Block ~45, Unit 17
Dear Ms. O'Halloran,
Falcon Cable TV has no objections to the abandonment of easement
requested at the referenced location. Neither current nor future
facility placement will necessitate use of this property
easement.
~onal
Falcon Cable TV
Manager
FALCON CABLE MEDIA 710 Washington Street, P.O. Box 780249, Sebastian, Florida 32978, Tel: (407) 589-3846
1225 MAIN STREET a SEBAb'FIAN. FLORIDA 32~58
TELEPHONE (407) r-a~9-~ a FAX (407) S89-S570
Pa~t4t b nd fax tram ;miilal merr
7uJy tg, t99~ ~,.= ~ --
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I::PL
KATHRYN M. O'HALLORAN
CiTY OF SEBASTIAN
1225 MAIN ST
SEBASTIAN, FL 32958
RE: LOT 5, BLOCK 445
7901 ELLIS RD
MELBOURNE FL 32904
SEBASTIAN HIGHLANDS UNIT 17
DEAR SIRS:
FPL HAS NO OBJECTION TO THE RELEASE OF EASEMENT FOR THE
PREVIOUSLY DESCRIBED PROPERTY AS REFERENCED IN YOUR LEq-FER
DATED JULY 19, 1995.
IF YOU HAVE ANY FURTHER QUESTIONS, PLEASE CALL ME AT 407-726-
4870.
SINCERELY,
DENNIS G. PAGANO
RESOLUTION NO. R-95-46
A RESOLUTION OF TIlE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, VACATING, ABOLISHING, ABANDONING AND
DISCONTI1NU'ING TIlE EAST FIVE FEET OF TI-IE WEST TWENTY FOOT
PUBLIC UT]I]LITY AND DRAINAGE EASEMENT OF LOT 5, BLOCK 445,
SEBASTIAN ItIGI-rLANDS UNiT 17, ACCORDING TO THE PLAT
TIt2EREOF, RECORDED IN PBI 8-46, PUBLIC RECORDS OF INDIAN
RIVER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR RECORDING; AND PROVIDING AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, iNDIAN
RIVER COUNTY, FLORIDA, that:
~t.e_KtJlg. ii_L, VACATION OF EASEMENT. The City of Sebastian, Indian River County,
Florida, does herewith vacate, abolish, abandon and discontinue all that portion of land previously
dedicated for easement and described as follows:
The East five feet of the West twenty foot Public Utility and Drainage Easement of Lot
5, Block 445, Sebastian Highlands Unit 17, according to the plat thereof, recorded in
PBI 8-46, of the Public Records of Indian River County, Florida.
REPEAL. All resolutions or parts of resolutions in conflict herewith are hereby
repealed.
RECORDING. This resolution shall be recorded in the public records of Indian
River County, Florida.
Section4. EFFECTIVE DATE. This resolution shall be in full force and effect immediately
upon its passage.
The foregoing Resolution was moved for adoption by Councilmember
motion was seconded by Councilmember
as follows:
The
and, upon being put to a vote, the vote was
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corem
Councilmember Louise R. Cartwright
Councilmember Norma J. Damp
Councilmember Raymond W. Halloran
The foregoing Resolution was duly passed and adopted by the City Council of Sebastian,
Florida, this
day of ...... 19
CITY OF SEBASTIAN, FLORIDA
By:
Arthur L. Firtion, Mayor
ATTEST:
Kathryn M. O'Hallomn, CMC/AAE
City Clerk
(SE L)
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in Indian River
County, Florida, to take acknowledgments, personally appeared Axlhur L. Firtion and Kath _ryn M.
O'Halloran known to me to be Mayor and City Clerk respectively, and neither of them took an oath.
WITNESS my hand and seal in Indian River County, Florida, the day of ,
1995.
Approved as to Form and Content:
Linda M. Galley
NOTARY PUBLIC,
STATE OF FLORIDA AT LARGE
My Commission Expires:
Clifton A. McClelland, Jr., City Attorney
City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
SUBJECT: REQUEST TO REQUIRE ) Agenda Number:
ACTION FROM OWNER OF 320 TANGELO )
STREET REGARDING CONDITION OF
MOBILE HOME
Approval for Submittal By:
City Manager ~
Dept. Origin: Community (BC~
Development
Date Submitted: 8/2~/95
For Agenda Of: 9l!3/95
Exhibits:
1. Building Official's inspection
Report
2. Memorandum to City Manager
dated 8/11/95 from B. Cooper
3. Section 26-34, Code of
Ordinances
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
Pursuant to Section 26-34(a) of the Code of Ordinances, I inspected 320
Tangelo Street regarding a vacant mobile home. Attached is a copy of my
inspection report on August 16, 1995 which indicates the current
condition of the mobile home.
The Property Appraiser's office indicates the following information:
TAX PARCEL ID ~:.
06-31-39-00019-0040-00013.0
Lot 13, Block 4, Unit 3 Orange Heights
320 Tangelo Street
Fleischman, Joseph A. (Deceased)
c/o Fleischman, John C.
Rt 1, Box 171-D
931 Highway 19 South
Zebulon, GA 30295
Agenda Cover Sheet
320 Tangelo Street
Page Two
Attached is a memorandum dated August 11, 1995 to Mr. Joel L. Koford
indicating the chronological list of Code Enforcement cases over a 5
year period. In 1992 the City reviewed this mobile home structure and
based on the city attorney's advise at that time, the structure was not
of a condition that posed a hazard to the neighbors and was just not
being maintained properly.
The structure is not habitable and is continuing to deteriorate due to
water damage from both the roof and windows that are unable to be kept
at a watertight position. This structure is unsafe and poses a threat
to the immediate neighbors if extreme high winds were present, which
could easily rip the roof structure apart considering the existing voids
within the roof structure and the existing condition of the roof
covering. Without immediate repair, the existing structure will
continue to deteriorate.
The City will continue to monitor the site to insure that the outside
conditions, such as grass, are kept up to a minimum standard.
RECOMMENDED ACTION
Move to require that the owner be given 60 days to either repair or
remove the structure.
iNSPECTION REPORT
320 TANGELO AVENUE
On August 16, 1995, at approximately 2:00 p.m., I did an on-site
inspection of the above referenced property and have the following
to report:
Front Facade -
a. Part of the soffit at the ridge or center point is
loose.
b. Corner Molding (appears to be plastic) deteriorated.
c. Screen panel fallen out in screen room.
d. Drip edge deteriorated and broken.
2. South Side Facade -
a. Screen room door missing on screen enclosure.
b. Screen panel torn.
c. Portions of skirting missing on foundation.
d. Drip edge deteriorated and broken.
3. Rear Facade
a. Skirting totally missing.
b. Drip edge deteriorated and broken.
c. Electrical cable and extension plugs exposed non-
metallic (12-2 and 14-2).
4. North Facade -
a. Drip edge deteriorated and broken.
b. Portions of skirting missing.
c. Outside door light fixture hanging by wires.
Roof - Based on the outside appearance and extensive amount
of water leaks and exposure to the sky indicates that the roof
covering needs to be totally replaced. Structural roof
membranes will need some repairs but, until roof covering is
removed unable to determine.
Exterior siding is in tact but general visual appearance is poor
due to non-maintenance.
Inspection Report
320 Tangelo Avenue
Paqe Two
6. Inside - Kitchen:
a. Roof within closet exposed to sky with water damage to
the interior siding. Exterior siding exposed within
closet.
b. HVAC registered grill on floor broken.
c. Filthy.
7. Bathroom - Dirty, but no damage.
8. Small Bedroom -
a. Ceiling leak approximately 2 sq. feet but still
intact.
b. Paneling over exterior door missing with exposed
insulation.
c. Wall under window with water damage.
9. Large Bedroom -
a. Ceiling leak approximately 6 to 7 sq. feet barely
intact.
b. Trim molding around windows and doors missing.
10. Living Room -
a. Major roof leaks within this area. Four different
areas heavily damaged within ceiling. First leak
approximately 4 sq. feet at exterior wall with roof
exposed to the sky and inside paneling damaged
underneath. Second leak is in the center area toward the
south facade, approximately 11 to 12 sq. feet with roof
exposed to the sky and insulation hanging. Third leak is
in the opposite corner from first leak, approximately 3
sq. feet with sky being visible. Fourth leak is center
right (west), approximately 14 sq. feet with exposed
insulation. Three other areas indicate leaks but, no
heavy damage to the ceiling.
b. Floor and subflooring damage and deterioration by
heavy water leaks. Needs replacement.
c. Between dining room and living there are three other
leaks with no exposure averaging from 2 to 6 sq. feet in
size.
Ail flooring (carpeting and linoleum) will need to be replaced.
Some exterior windows need repair or replacement. Small storage
shed consisting of wood framing has wood siding which has
rated due to lack of maintenance (paint).
City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
MEMORANDUM
DATE:
TO:
FROM:
REFERENCE:
AUgust 11, 1995
Mr. Joel L. Koford
City Manager
Bruce cooper
Director of Community Development
320 Tangelo Avenue, Orange Heights
Please be advised of the following chronological lists of events
regarding the above referenced property and past code violations.
This department in the past has reviewed this structure (Cases #92-
7206 and #94-9534) to determine whether or not it could be removed
based on Section 26.34 of the Code of Ordinances. At that time,
even though .there were problems within the structure internally
such as a roof leak, the city attorney had advised us that unless
the structure constituted an unsafe condition to the surrounding
area, we should not have the structure demolished or removed.
Currently, the Public Works department has mowed and cleaned up the
property pursuant to Chapter 66 of the Code of Ordinances regarding
nuisances. This department will conduct an inspection of the
structure on Monday, August 14, 1995 and report its findings to the
City Council, pursuant to Section 26.34 in order to determine any
appropriate action regarding removal or demolition of the
structure.
9/11/90
6/15/91
8/14/91
Case #90-4362, Vegetation over 10", outside contractor
hired by city to do work.
Case #91-5419, vegetation over 10', mowed by owner (or
someone hired by owner).
Case #91-5644, Mobile home
Public Works removed.
covered with dead
Mr. Joel Koford
Memorandum - 320 Tangelo Avenue
Page Two
9/04/91
2/5/92
6/12/92
9/3/92
2/9/93
6/16/93
8/9/93
1/6/94
6/9/94
Case #91-5735, Vegetation over 10', outside contractor
hired by city to do work.
Case #92-6250, Vegetation over 10', palm fronds and
debris covering lot, forwarded to Public Works for clean-
up.
Case #92-6828, Vegetation over 10', outside contractor
hired by owner to do work.
Case #92-7206, Condition of mobile home and vegetation
over 10', forwarded to Public Works to do work.
Case #93-7805, Vegetation over 10', forwarded to Public
works.
Case #93-8318, Vegetation over 10', owner has friend cut
lawn.
Case #93-8527, Vegetation over 10', owner hired outside
contractor to do work.
Case #94-9048, Vegetation over 10', sent to Public Works
to do mowing.
Case #94-9534, Condition of mobile home and vegetation
over 10', sent to Public Works for removal of brush and
debris, and mowing of lawn.
BUILDINGS AND BUILDING REGULATIONS § 26-35
submitted to the building department before commencement of any further construc-
tion on the structure. A final survey showing the location of all improvements shall be
submitted prior to issuance of a certificate of occupancy.
(Code 1980, § 7-17; Ord. No. 0-95-06, § 1, 4-12~95)
Sec. 26-33. Building department created; building official, appointment, qualifica-
tions and duties.
(a) There is hereby created within the city a building department to be headed by the
building official, who shall be appointed by and serve at the pleasure of the city manager.
(b) The building official shall be qualified by education and training to perform the duties
of his office. The building official shall receive such salary and compensation as shall be fixed
from time to time by the city council.
(c) The building official shall have authority to receive applications and issue building
permits and to enforce the building code and the building ordinances of the city. Neither the
building official nor anyone under his direction shall enter any private property without the
consent of the owner. The building official shall have no authority to condemn any property;
condemnation shah be done only with notice to and consent of the city council and under legal
authority.
(Code 1980, § 7-18)
Cross reference-Officers and employees, § 2456 et seq.
Sec. 26-34. Inspection of buildings; building official's report to city council; removal
of hazardous buildings.
(a) The city building official shall have authority to make inspection of any buildings or
structures and ~hall report to the city council, or as directed by the city council, any buildings
or structures that constitute a menace to business, health or safety of the inhabitants of the
city; or any buildings or structures that constitute a fire hazard or which are unsightly or
dilapidated.
(b) The city 'council shall have the power to designate by proper resolution the removal or
abatement of any building or structure that constitutes a menace to the business, health or
safety of the inhabitants of the city, or any building or structure that constitutes a fire hazard
or which is unsightly or dilapidated.
(Code 1980, § 7-19)
Cross reference--City council, § 2-31 et seq.
Sec. 26-35. Application for building permit; fees.
(a) Before any building or structure of whatsoever nature shall be erected or constructed
within ~e corporate limits of the city, or any addition shall be made to any existing build!ng
or structure within the corporate limits of the city, the owner, contractor, person building or
responsible for building such building or structure or m~l~ir~g such addition thereto shall
complete an application for a building permit i¥om the city for such erection, construction or/~~
Supp. No. 6 CD26:7
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: FIRST READING OF
ORDINANCE 0-95-21 REGARDING
TEMPORARY USE PERMITS
Approved For Submittal By:
City Manager
Agenda Number:
Dept. Origin: Community Development
(BC)
Date Submitted: 9/05/95 ~/~,~
For Agenda Of:
9/13/95
Exhibits: 1. Ordinance 0-95-21
2. Resolution R-95-36
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
At a special meeting on June 21, 1995, City Council adopted Resolution
R-95-36 establishing a policy for issuance of temporary use permits with a
ninety day expiration date, and directed staff to come back with an
ordinance establishing a permanent policy.
Ordinance 0-95-21 is attached for your review.
RECOMMENDED ACTION
Move to approve the first reading of Ordinance 0-95-21, set first public
hearing for September 27, 1995 and second public hearing for October 11,
1995.
ORDINP~NCE 0-95-21
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, FLORIDA, AMENDING THE
LAND DEVELOPMENT CODE TO PROVIDE FOR
TEMPORARY USE PERMITS; PROVIDING
DEFINITIONS; ESTABLISHING CRITERIA FOR
ISSUANCE OF TEMPORARY USE PERMITS;
ESTABLISHING APPLICATION PROCEDURES;
PROVIDING FOR SEVERABiLITY; PROVIDING FOR
CODIFICATION; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WMEREAS, the City of Sebastian has received various
requests for temporary use permits; and
W~EREAS, the City of Sebastian has adopted Resolution
R-95-36 establishing a temporary use permit policy which will
expire September 19, 1995 and which has been extended 30 days
by Resolution R-95-54; and
W~EREAS, the City Council deems it to be in the best
interests of the health, safety, and general welfare of the
community to regulate these types of uses by establishing a
policy in the City of Sebastian Land Development Code for
issuance of temporary use permits.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, FLORIDA, T~AT:
Section 1. Definitions. The following words and phrases,
when used in this article, shall have the meanings
respectively ascribed in them in this section:
Temporary Use: A use established for a fixed period of time
with the intent to discontinue such use upon expiration of
the time period.
Transient Merchant: Any person or business entity that
engages in the temporary sale of any merchandise not within
an enclosed structure with the following exception:
Any existing merchant within an enclosed
structure may temporarily display their
merchandise outside of the structure provided
the display does not delete any required
parking.
Any existing use which customarily displays
merchandise outside of an enclosed structure,
such as vehicle sales, nurseries, or other similar
use, or those approved by the Planning and Zoning
Commission for outside display.
Special Events: The temporary use of facilities, parking
areas, and other open space for a special event by owner,
non-owner, religious organizations, recreational/
entertainment or local civic organizations.
Section 2. Criteria. A temporary use shall be allowed for
transient merchants and special events upon issuance of a
Temporary Use Permit by the City Manager or his designee,
based upon compliance with all applicable regulations of this
chapter and other City regulations.
A Temporary Use Permit will be issued if the following
requirements and standards are met:
1. The activity must be a permitted or conditional use
within the zoning district.
Only temporary pavilions may be erected and
utilized for the operation. Ail facilities used
shall be self-contained and mobile or portable. No
mobile homes or trailers that exceed 200 sq. feet in
area may be utilized. All temporary facilities
designed to be occupied by the public must be
inspected by the Fire Department after installation,
and prior to occupancy.
m
No utility connection shall be permitted except for
temporary electrical power which must be approved by
the Building Department.
Prior to the issuance of any permit, a cash bond in
the amount of $200 shall be submitted to the City.
Within seven (7) days after a temporary use permit
expiration, all items related to the operation or
event shall be removed from the site. The City may
use the entire amount of submitted funds to pay for
disposal of all related items remaining on the site
seven (7) days after permit expiration. Upon
vacating and cleaning up a site, an applicant may
request, in writing, to the Community Development
Department for return of the submitted funds.
Permit applicants will be refunded the submitted
10.
cash bond amount if:
1) the City has not used the funds under the
conditions described above; and
2) the site is inspected by the City, it is
verified that the site has been cleaned up,
and all temporary use items have been
removed.
In cases where the City has used the $200 cash bond
for site cleanup, no subsequent temporary use
permits shall be issued to the same applicant
whose vacated operation caused cash bond default
and resultant clean-up by the City.
Ail business entities must obtain an occupational
license from the City of Sebastian.
No temporary use shall operate within a public
right-of-way. No operation within an easement shall
be permitted unless specifically allowed by all
parties having interest in such easement.
Unimproved lots within industrial or commercial
districts may be utilized if, in the opinion of the
City Manager and his support staff, the temporary
use will not be detrimental to the health, safety
and general welfare of the public.
A maximum of 30% of the required parking stalls of
the host site may be utilized by the temporary use.
This percentage may be increased based on
satisfactory documentation indicating additional
parking and/or transportation needs have been
provided for the total impact of the proposed event.
Food concessions may be permitted as accessory to
the temporary use. The applicant must obtain a
temporary license from the Department of Business
Regulations for the proposed concession facilities.
Temporary toilet facilities may be required by the
applicant depending on location and size of the
event. Amount will be determined by the Building
Official based on estimation of attendance of the
event.
Applicant must provide, at his own expense,
additional and/or special crowd control and security
if determined necessary by the Police Chief based on
the size of the event.
12.
Prior to City Manager review, approval must be
obtained from the Police Chief and the Director of
Community Development. Approval or denial shall be
based on items 1 through 11 above and consideration
shall be reviewed on the total magnitude of impact
that may be detrimental to the health, safety and
general welfare of the community.
Section 3. Time Limits.
Transient merchants of any seasonal sales merchandise such as
Christmas tree and firework sales or other similar uses shall
be in operation not more than forty-five (45) days during any
calendar year on any given site.
Transient merchants of any non-seasonal sales merchandise
shall be in operation not more than ten (10) days during any
calendar year on any given site.
Special events and special vehicle and boat sale events shall
be in operation not more than seven (7) days during any
calendar year on any given site.
Section 4. Application. Temporary Use Permits shall be
obtained by furnishing a completed application for such
permit to the Community Development Department. The
following information shall be provided:
1. Application to be made by the owner or lessee of the
host site.
2. Location of site and the specific location for the
requested use.
3. Beginning and ending dates of the event.
4. Hours of operation of the event.
5. Name of individual in charge of the event.
6. After hours emergency phone number for person
responsible for event.
7. Dimensions or existing site plan for the host site.
8. Location and dimensions of all existing driveways,
entrances, exits, and parking spaces.
9. Location and dimensions of all temporary pavilionsf
displays areas, sanitary facilities, and
concessions.
10.
11.
12.
13.
1~.
Indicate how parking and traffic flow will be
directed on to and within the event site.
Estimation of attendance of the event to determine
sanitary needs, parking and traffic impact.
If existing parking spaces of a permanent use (such
as a shopping plaza) are to utilized by patrons and
employees of the temporary use event, calculations
shall be submitted demonstrating that the event will
not utilize more than 30% of the required parking
stalls of the existing host site. If usage does
exceed 30%, documentation indicating additional
parking and/or transportation arrangements must be
provided for the total impact of the proposed event.
Location and dimensions of all signs to be used.
Application fee of $25.00.
A copy of the application and all supporting documents will
be forwarded to the Police Chief and the Director of
Community Development for review and comments. All comments
and recommendations will then be attached to the application
and forwarded to the City Manager or his designee for
approval or denial.
The application, with all the supporting documents, will be
reviewed by the City Manager, or his designee. If approved,
applicant will post the $200 cash bond prior to the issuance
of the Temporary Use Permit. If denied, applicant will be
notified, along with the reasons for denial. The Police
Department and the Fire Department will be notified of all
approved requests for temporary use permits.
Section 4. Signs Ail signs being utilized on site must
conform to the City sign regulations as outlined in the Land
Development Code, and must be removed upon expiration of the
Temporary Use Permit or upon vacation of the site.
Section 5. Conflicts. All other Ordinances or parts of
Ordinances, Resolutions or parts of Resolutions in conflict
herewith are hereby repealed to the extent of such conflict.
Section 6.
Codification. It is the intention of the City
of the City of Sebastian, Florida, that the
provisions of 'this Ordinance shall become and be made a part
of the Land Development Code of the City of Sebastian,
Florida, and that the sections of this Ordinance may be
renumbered, relettered, and the word "ordinance" may be
changed to "Section", "Article", or such other word or phase
in order to accomplish such intention.
Section 7. Severability. If any clause, section, or other
part or application of this Ordinance shall be held by any
Court of competent jurisdiction to be unconstitutional or
invalid, such unconstitutional or invalid part or application
shall be considered as eliminated, in no way affecting the
validity of the remaining portions or applications, which
shall remain in full force and effect.
Section 8. Effective Date.
effective immediately.
This Ordinance shall become
PASSED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA,
ON FIRST READING, THIS DAY OF , 1995.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THIS CITY OF
SEBASTIAN, FLORIDA, ON SECOND AND FINAL READING, THIS
DAY OF , 1995.
The foregoing Ordinance was moved for adoption by
Councilmember . The motion was
seconded by Councilmember
being put into a vote, the vote was as follows:
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corum
Councilmember Norma J. Damp
Councilmember Ray Halloran
Councilmember Louise R. Cartwright
and, upon
The Mayor thereupon declared this Ordinance duly passed
and adopted this day of , 1995.
CITY OF SEBASTIAN, FLORIDA
by:
Arthur L. Firtion, Mayor
ATTEST:
Kathryn M. O'Halloran, CMC/AAE
(Seal)
Approved as to Form and Content:
Clifton A. McClelland, Jr.
City Attorney
". 7'"'..~- ..':$:~ ~'/
I RESOLUTION NO. R,95-36.
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ESTABLISHING A TEMPORARY USE
PERMIT (TUP) POLICY; ESTABLISHING CRITERIA FOR
ISSUANCE OF TEMlaORARY USE PERMITS; PROVIDING FOR AN
APPLICATION FEE AND PERMIT FEE; PROVIDING FOR REPEAL
OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sebastian has received various requests for temporary use
permits; and
WHEREAS, the City of Sebastian does not have an established policy for issuance
of temporary use permits; and
WHEREAS; the City Council deems it to be in the best interest of the City to
regulate these types of uses by establishing a policy for issuance of temporary use permits.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCiL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
SECTION 1. TEMPORARY USE PERMITS.
The temporary use of facilities, parking areas, and other open space by non-owner,
transient merchants, religious organizations, recreational or local civic orgamzations is
author/zed only after obtain/rig a Temporary Use Permit (TUP) from the City Manager or his
designee, and subject to the following restrictions.
(1) Application for a TUP shall be made by the owner or lessee of the host site.
(2)
The application shall include the following:
(a) Location of the site and the specific location for the requested use.
(b) Type of activity.
(c) Beginning and ending dates, hours of operation and name of
individual in charge.
(d) Number of food or beverage concession stands and copies of
permits from Indian River County and the State of Florida, if
required.
(e) Ail temporary signs must cmfform to the City of Sebastian sign
regulations.
(f) No activities or operations are to be conducted on or within public
street or drainage fight-of-way.
(g) A maximum of 20% of the required parking stalls of the host site
may be utilized for the activity or event.
(h) No permanent structures may be utilized. Only temporary
pavilions, mobile or portable facilities may be utilized. Any mobile
homes or trailers may not exceed 200 square feet in area.
(i) No utility connection shall be permitted except for texnporary
electrical power approved by the Building Department.
(j) All events shall have a duration of fourteen (14) or fewer
consecutive days.
(k) Within seven (7) days of temporary use permit expiration, all items
related to transient merchant operation shall be removed from the
site.
All applications must be made on the fonu prescribed by the City Manager and
submitted ten (10) days prior to the scheduled event. The application fee shall be
$25.00 and the permit fee shall be $100. A copy of the approved request shall be
provided to the Police Department and Fire Department by the City Manager.
2
SECTION 2. CONFLICT. All resolutions or parts of resolutions in conflict
herewith are hereby repealed.
T~E~7_~LQIN_~. SEVERABILITY. In the event a court of competent jurisdiction
shall hold or determine that any part of this Resolution is invalid or unconstitutional, the
remainder of the Resolution shall not be affected and it shall be presumed that the City
Council of the City of Sebastian did not intend to enact such invalid or unconstitutional
provision. It shall further be assumed that the City Council would have enacted the
remainder of tiffs Resolution without such invalid and unconstitutional provision, thereby
causing smd remainder to remain in full force and effect.
EFFECTIVE DATE. Tiffs Policy Kesolution shall take effect
immediately upon its adoption and will be effective for a period not to exceed ninety days
from the date of adoption.
The foregoing Resolution was moved for adoption by Councilmember
~d~ .... The motion was seconded by Councilmember
/
~L57~U"~;..~/'~ and, upon being put into a vote, the vote was as 'follows:
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corem
Councilmember Louise Cartwfight
Councilmember Norma Damp
Councilmember Raymond Halloran
?
The Mayor thereupon declared this Resolution duly passed and adopted tiffs
/
day of '"%.J~cgaL_ , 1995.
CITY OF SEBASTIAN
By:~ ~~
/~daur L. Firtion, Mayor
ATTEST:
Kathryn M. o'Halloran, CMC/AAE
City Clerk
(SEAL)
Approved as to Form and Content:
Clifton A. McClelland, Jr., City Attorney
4
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
SUBJECT: FIRST READING OF
ORDINANCE 0-95-24 REGARDING
COMMERCIAL AMUSEMENTS (TEMPORARY)
Approved For Submittal By:
City Manager ~~
Agenda Number:
Dept. Origin: Community Development
Date Submitted:
(BC)
9/05/95 ~
For Agenda Of:
9/13/95
Exhibits:
1. Ordinance 0-95-24
2. Excerpt of definitions
regarding commercial amusement
EXPENDITURE
REQUIRED:
AMOUNT
BUDGETED:
APPROPRIATION
REQUIRED:
SUMMARY STATEMENT
During the drafting phase of the temporary use ordinance, staff discovered
that the classification of "Commercial amusement, temporary" as defined in
Section 20A-12.2 has not been included in any zoning district. At this
time, the Commercial General Zoning District allows commercial amusements
within an enclosed structure and the Industrial Zoning District allows
commercial amusements (unenclosed). Staff would interpret the definitions
of commercial amusement. (unenclosed and temporary) to include an event
such as an outdoor concert.
The first condition of a temporary use permit is that the activity must be
a permitted or conditional use within the zoning district. To allow for
such events as circuses, carnivals, festivals, fairs and special
exhibitions, it will be necessary to place "Commercial amusement,
temporary" in a zoning district. Staff suggests this use be placed as a
permitted use in the Commercial General zoning district.
Ordinance 0-95-24 is attached for your review.
RECOMMENDED ACTION
Move to approve the first reading of Ordinance 0-95-24, set first public
hearing for September 27, 1995 and second public hearing for October 11,
1995. ~
ORDINANCE NO. 95-24
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, FLORIDA, AMENDING
CHAPTER 2DA, SECTION 20A-3.10.B OF THE
CiTY OF SEBASTIAN LAND DEVELOPMENT CODE
OF THE CODE OF ORDINANCES OF THE CITY OF
SEBASTIAN, FLORIDA; TO PERMIT COMMERCIAL
AMUSEMENTS (TEMPORARY) IN THE GENERAL
COMMERCIAL (CG) ZONING DISTRICT; PROVIDING
FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; PROVIDING FOR CONFLICTS;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 20A-12.2 of the Sebastian Land
Development Code provides for a definition of "Commercial
amusement, temporary"; and
WHEREAS, no zoning district in the Sebastian Land
Development Code provides for "Commercial amusement,
temporary" as a permitted or conditional use; and
WHEREAS, the City Council of the City of Sebastian,
finds that it would be in the best interest of the City to
permit "Commercial amusement, temporary" in the General
Commercial (CG) zoning district; and
WHEREAS, the City Council of the City of Sebastian,
Florida, believes that it is in the best interest of the
health, safety, and general welfare of the community to so
amend the Code of Ordinances, City of Sebastian, Florida, in
the City of Sebastian Land Development Code.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, FLORIDA, THAT:
Section 1. The Code of Ordinances, City of Sebastian,
Florida, in the City of Sebastian Land Development Code is
hereby amended by changing Section 20A-3.10.B to read as
fol lows:
B. Permitted Uses. In this district, as a permitted, a
building or premises may be used for only the below stated
uses. All applicable provisions of this code shall be
satisfied, including site plan review and performance
criteria.
Permitted uses: Cultural or civic activities, places of
worship, public or private not-for-profit clubs, business and
professional offices, general retail sales and services
(including antique shops, consignment shops and secondhand
stores), limited commercial activities, parking garages,
plant nurseries, restaurants (excluding drive-ins), trade and
skilled services, transient quarters, vehicular sales and
related services, retail gasoline sales, medical services,
commercial amusements (temporary), and accessary uses.
Section 2. Conflicts. Ail other Ordinances or parts of
Ordinances, Resolutions or parts of Resolutions in conflict
herewith are hereby repealed to the extent of such conflict.
Section 3. Codification. It is the intention of the City
Council of the City of Sebastian, Florida, that the
provisions of this Ordinance shall become and be made a part
of the Land Development Code of the City of Sebastian,
Florida, and that the sections of this Ordinance may be
renumbered, relettered, and the word "ordinance" may be
changed to "Section", "Article", or such other word or phase
in order to accomplish such intention.
Section 4. Severabilit~. If any clause, section, or other
part or application of this Ordinance shall be held by any
Court. of competent jurisdiction to be unconstitutional or
invalid, such unconstitutional or invalid part or application
shall be considered as eliminated, in no way affecting the
validity of the remaining portions or applications, which
shall remain in full force and effect.
Section 5. Effective Date.
effective immediately.
This Ordinance shall become
PASSED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA,
ON FIRST READING, THIS DAY OF , 1995.
PASSED AND ADOPTED BY THE CiTY COUNCIL OF THIS CITY OF
SEBASTIAN, FLORIDA, ON SECOND AND FINAL READING, THIS
DAY OF , 1995.
The foregoing Ordinance was moved for adoption by
Councilmember · The motion was
seconded by Councilmember
being put into a vote, the vote was as follows:
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corum
Councilmember Norma J. Damp
Councilmember Ray Halloran
Councilmember Louise R. Cartwright
The Mayor thereupon declared this Ordinance duly passed
and adopted this day of , 1995.
and, upon
CITY OF SEBASTIAN, FLORIDA
by:
Arthur L. Firtion, Mayor
ATTEST:
Kathryn M. O'Halloran, CMC/AAE
(Seal)
Approved as to Form and Content:
Clifton A. McClelland, Jr.
Attorney
providing amusement o,' entertainment for a fee or admission
charge.
Commercial amusement, enclosed. A commercial amusement
establishment, the operations of which are conducted entirely
within the confines of an enclosed building or structure, ex-
cluding necessary off-street parking facilities. This definition in-
~lude~; bU~ is not lim~te(1 to, t,~e following: bowling alleys, billiard
and pool establishments, skating rinks, video arcades and indoor
theatres. A comme,'cial establishment which offers, displays, fur-
nishes or Otherwise makes available two (2) or more amusement
devices or utilizes more than forty (40) square feet of floor space
for amusement devices for use by the general public or business
invitees shall be considered a commercial amusement establish-
ment. A facility used exclusively as a warehouse, garage or other
distribution facility, the primary purpose of which is to provide a
place for the storage or repair of amusement devices, shall not be
deemed t0 be a commercial amusement establishment.
Commercial amusement, temporary. A commercial amusement
which is established as a tempo,'ary use. This definition includes,
but is not limited to, the following: Circuses, carnivals, festivals,
fairs and special exhibitions.
Commercial amusement unenclosed. A commercial amusement
which is conducted in an outdoor area or in an unenclosed struc~
ture. This.definition includes, but is not limited to, the following:
drive-in theaters, golf driving ranges, animal or vehicular race
tracks, amusement parks and stadiums.
C°~nmercial fishery. A commercial establishment for the re-
ceiving, processing, packaging, storage, and wholesale or retail
distribution and sale of products of the sea. Such an establish-
ment may include facilities for the docking, loading, unloading,
fueling, icing and provisioning of vessels and for the drying,
maintenance and storage of equipment.
Comprei~ensive pla~. The City of Sebastian Comprehensive Plan,
adopted pursuant to the "Local Government Comprehensive Plan-
ning Act of 1975," section 163.3161 et seq., Florida Statutes, as
amended.
Conditional use. Any use which may be allowed by a condi~
tional use .permit pursuant to Article Vi, Conditional Use Criteria.
Conditional use permit. Any administrative permit issued pur-
suant to Article VI, Conditional Use Criteria.
Supp. No. 15 823 ~