HomeMy WebLinkAbout08142002Crl~ OF
SEBASTIAN
HO,~'tE OF P£Li~ ISL~d~D
SEBASTIAN CITY COUNCIL
AG~N-DA
REGULAR MEETING
WF_,DNESDAY, AUGUST 14, 2002, 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA KIHMS M,~Y BE IN~PEC~ 1N THE OFFICE OF ~, ~ ~
- 1225 M,4INSTREET, SF~H$I'I~.N, FLORtD,~
Individuals will address the City Council with reject to agenda itern~ immediately before deliberation of the i~ ~ il~ ~i~ ~- limit of
tern minutes per ape~ker (R-99-21)
2.
3.
4.
5.
6.
02.108
02.084
02. 051
02.068
02,149
02.138
1-10
7.
I%-14'
15-24
CALL TO ORDER
PLEDGE OF ALLBGIANCB
INVOCATION - Father Morrissey, St. Sebastian Catholic Church
ROLL CALL
AGENDA MODIFICATIONS (ADDITIONS ANI~./.QR DELETIONS)
Itencv not on the written agenda may be added only upon a mojority vote of City Council Members (R-99.21)
PROCLAMATIONS. ANNOLrNCElVIIIN~S AND/OR PRESENTATIONS
A. Employee of the 2~ Quarter, 2002
B. Certificate of Appreciation to Jean Carbano for Planning & Zoning Commission Service
C. Certificate of Appreciation to Chuck Neuberger for Conslruction Board Sm-vice
D. Certificate of Appreciation to Lee Weeks for Budget Review Advisory Board Service
E. U.S. Power Squadron Certificate to City of Sebastian
F. Parks & Recreation Advisory Committee Pres~mtation by Chairman Iugui
CONSENT AGENDA
All ittrns on the consent agenda are considered routine and will be enactnd by one mottota Tht~ will be no se. parate discussion of con~ent
agenda item~ unless a mt~nber of Clty Council ~o requam; in which event, the ttm will be r~nov~d and acted upon separately.
A. Approval of Minutes - 7/17/2002 Workshop
B. Approval of Minutes - 7/24/2002 Meeting
02.1~9
ozlTo F.
67-76
0zm G.
/-7-80,
o~/5~ I.
02.174 J.
Approval of Minutes- 7/31/2002 Workshop
Authorize the City Manager to Execute the Historic Preservation Restrictive Covenant (City
Manager Transmittal 7/26/02, Copy of Co--ts)
Approve Resolution No. R-02.32 FDOT, Aviation Section Cu'ant Agreement (Airport Transmittal
7/31/02, R-02-32, Agreement)
co ,r ,
~C~ A P~C ~$~RTA~ON JO~ P~C~A~ AO~ W~ ~T ~
P~E ~G FOR CONS~ON OF ~ ~~ON FAC~; P~G FOR C~;
P~G FOR ~~ DA~.
Approve Kesolution No. R-02-33 Formally Adopting Signage Plan of Sebastian Municipal
Airport Development Standards (Airport Transmittal 8/14/02, R-02-33, Plan)
A RESOLUTION OF TH~ CITY OF .qERASTIAN, ~INDIAN RIVER COUNTY, FLORIDA, AUTHOR/ZING TI-lB ADOPTION OF
A $IG1~AGE PLAN FOR THB SEBASTIAN MUNICIPAL AIRPORT; PROVIDING FOR CONFLICT; PROVIDING FOR
DATE.
Approve Resolution No. R-02-34 Records Management Policies and Procedures Manual (City
Clerk Transmittal 8/1/02, R-02-34, Manual under separate cover)
A RESOLUTION OF THB CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTINO TH]E "RECORDS
M~LN~C?F.J~£NTPOLICI£$,~ND PROCF2)URE$ MANU~" DATED AUOUST 14, 2002, AS THE CITY'S RECORDS'
MANAOI~ME'NT POLICY; PROVIDING FOP. FUTURE AMEND~ BY THE CITY CLERK IN ACCORDANCE WITH
O~I~D~ oA~oL~OTI~Ns PRACTICES AND STATE LAW REVISIONS; PROVIDING FOR REPP, AL OF RP.,SOLLrHONS,,~
NS IN CONFLICT H]~EWITH; AND PROVIDING FOR AN EFFt~TIVE DATE.
Approve Resolution No. R-02-35 Recreation Department Assistanoe Program Grant (City
Manager Transmittal 8/802, R-02-35)
A RHSOLLWION OF THE ClTY OF SEBASTIAN, INDIAN ~ COUNTY, FLORIDA AUTHOKIZINO ~ CITY
MANAGF~ TO APPLY FOR A FLORIDA ~TiON DI~VELOPMBNT ASSISTANCI~ PRDGRAM OP, ANT; PROVIDING
FOR CONFLICT; PROVIDING FOP. ~ DATE.
Approve Final Plat for Sandridge Estates Subdivision (GlvlD Transmittal 8/7/02, Final Plat)
Award Armual Materials Contract to Fisoher and Son for Sand at $4.72 per CY; and to
Blackahawk Quarry for Coquina Shell Base Material at $7.05 per ton, O~ Fill at $2.85 per
CY and Road Stabilization Mat~al at $2.85 per CY on an as needed basis ('Public Works
Transmitlal 8/2/02, Bid Tab)
Authorize Termination of Aquagenix Contmot for Weed Control and Approve Contract to
Applied Aquatic Manag~nt at a Price of $2150. per Month (Bid Proposal, Lettor of
Intent, Letter of Suspea~ion)
Approve Fishels Company's Bidto Install Fiber Optic Cable to Golf Course and Indian River
County Fiber Network in Amount of $19,453.52 (Total Bid Award $28,573.52 Less Materials
to be Pumhaaed by the City for $9,120.00 From Graybar and Approve Fiah~l Company's
Secondary Bid for Fib,r Splicing and Interior Installation in the Amount of $3,503.00 (Finance
Transmittal 8/8/02, Spreadsheet)
Approve Proposal by Melody Music in the Amount of $4,155.00 to Improve City Council
Chambers Sound System (City Clerk Transmittal 8/8/02, Quote)
Approve City Clerk Travel to FACC Institute in Palm Beach, Florida on October 9-11, 2002
(City Clerk Transmittal 8/6/02, Info)
Approve City Manager Overnight Travel to FCCMA Board of Directors Meetings on 2/5/03
in Gainesville, Florida and 3121/03 in Palm Beach, Florida (City Manager Transmittal 819102,
Meeting Schedule)
!05-106
Approve Keep Indian River Beautiful Cknfft Festival at Riverview Park on
September 14 & 15, 2002 from 10:00 am to $ pm (Parks Transmittal 8/6/02, Letter)
02.179 Q.
107-110
ozlso R.
111-114
Approve Domestic Violence Coalition of IRC Family Fun Day at Riverview Park on
October 12, 2002 from 8 am to 4 pm (Parks Transmittal 8/6/02, Letter)
Approve Rental of Community Center on August 24, 2002 from 6:00 pm to 10:00 pm (City Clerk
Transmittal 8/5/02, Application)
o2.149 S.
115-118
8.
9.
10.
Approve to Waive All Yacht Club Fees for United States Power Squadron
Meetings as Listed in Schedule Dated 8/6/02 (Parks Tmnmfittal 8/8/02, Info, Schedule)
PUBLIC I-lEAKING
INTRODuCTIoN OF NEW BUSi2~SS.FROM TI~ PUBLIC
IU~n that has occurred or was diseov~l wtthln thc previous six months which Is not otherwise on the agenda - tign~p r~qulred- limtt of ttfn
minutes for each $1malr~'
COMMITTEE REPORTSfRECO~A~0N$
o I¢_r A.
.Code Enforcemem Board
.L
Interview, Unless Waived and Appoint One Regular Member Engineer
Position To Expire 8/1/05 (City Clerk Transmittal 8/5/02, Application,
Ad, Board Members)
11. OLD BUSINESS
o2.oso 3..
125-1~
Approve Contract with Henry Iler of IPO, Inc., Consulting Services for
Implementation of the Community Redevelopment Area Study (OMI) T~ttal
8/7/02, Scope of Services)
02.047 B.
139-144
Approve Clambake Agreement (City Attom~ Transmittal 8/8/02, Agreement)
12. NBWBUSINESS
City Council Meeting Schedule for November & December (City Clerk T~ttal
7/23/02, Monthly Calendars)
0ZlS2 B.
149-150
City Manager's Performance Evaluation (HR Transmittal 8/8/02, Memo)
13. ,CrrY,ATTo~ MATTERS
14. CITY MANAGER MA~
15. C~ CL~EP,.K lvlA~
16. CITY COUNCIL 1ViATI~I~S
A. Mr. Majchcr
B. Mr. Coniglio
C. Mayor Barnes
D. Mr. Hill
E. Mr. Barczyk
./~)JO'U~ (.dH rneatlng$ shall a~ourn at 10:30 ~ ~ ~ for ~ to one ha~ hour ~ a m~o~ ~t~ of ~ Cou~ll)
H~G ~~ H~PHONE~ ~ A V~B~ ~ ~E CO~ ~~ ~R ~ OO~ M~GS.
Regular City Council Meetin~ a~ Sch~ul~ for Live Broadcast on A T & T Broadband Channel 25
~ P~ON ~0 DE~D~ ~ ~PP~DE~ON ~E BY ~ ~ CO~ ~ ~SPE~ ~ ~~ ~~ ~T
~ COMP~ ~ ~ ~~ ~ DI~B~ ~ (~), ~NE FHO N~S A ~E~ HC~MOD~ON FOR ~S
2002 City Counall Meta~ngs
Budget Workshop- ~Fednesday, August 21, 2002 - 6pm
l~egular Meting- VFednesda~, August 2~, 2002 - 7pm
l~egular Meeting- September 11, 2002 - 7pm
First ltudg~t Hearing - Special Me.~ng - Fhursday, September 12, 2002
Regular Me. trlt'ng- ;Wednesday, Septeanber 25, 2002- 7pm
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
Subject: Formal Recommendations from
Parks & Recreation Advisory Committee
Meeting Held July 20t', 2002
Exhibits: Written Recommendations
Expenditure Required:
Agenda No. O2,!~
Department Origin:
Date Submitted: 8/2/02
For Agenda of: 8/14/02
Amount Budgeted: Appropriation Required:
SUMMARY STATEMENT
Parks & Recreation Advisory Committee Chairman Bill Ingui will formally present
recommendations for the projected five year park development plan,
~om the
P~rks & Recre~o~ Ad~o~ Commi~ee
C~ of Seb~, ~Hda
Au~St 14, 2002
A. Introduction
The following document comprises the Year 1:2002-03 Recommendations for the Projected Five
Year Park Development Plan, submitted to the City Council in June 2002.
The recommc-ndations will have budget implications and arc meant to help guide the City Council in their
deliberations. It is the viewpoint of the Parks and Recreation Advisory Committee that the City Council
accept the Year 1:2002-03 Recommendations as a "work-in-progress," under thc premise that projects
can bc modified and public input is always welcomed by thc City Council. 'Modifications' are defined as
minor changes that will likely have little to no effect on the capital plan; but may provide additional
suggestions that warrant consideration by the City Council.
in keeping with the Committees viewpoint that the City Council always seeks public input, it has
tentatively earmarked the meetings of August 28 and September 23, as further opporttmities where the
public would be invited to provide these shght modifications. It should be noted that these dates ar~ the
traditional 4~ Monday of the month meeting days for the Parks & P-.ecreation Advisory Con*anittee. The
continued input of the public, in the form of modifications, will be presented to the City Council at its
first meeting in October 2002, as a Year 1:2002-03 Recommendations - Addendum.
The Year 1:2002-03 Recommendations are based ia large measure on the Public Hearing of Suly 20,
2002 and a Workshop presentation on.April 29, 2002 made by the Engineering Aide Butt Jones.
It is the plan ofthe Committee to begin to focus on Year 2:2003-04 of the Projected Five Year Parks
Development Plan at its October 28, 2002 meeting.
The Parks & Recreation Advisory Committee would like to thank the City Council for accepting our
request to provide a Public Workshop Hearing on July 20~" and for the gcmerous donation of WalMart,
Sebastian, for the refreshments they provide,&
l~esidents have commented that they like thc fact that' th~ have been involved in thc process of gathering
recommendations through thc meeting and hezring process. It is the belief of the Cormnittee that similar
.Workshops will be part of its procedure, from time-to-time, to gather public input related to each year of
the Projected Five Year Parks Development Plan.
B. Advertisement for Public Hearing Workshoo
The following notice was placed in newspaper and television for public awareness of a meeting to discuss
specific locations for Year 1 (2002-03) of the Five Year Parks Development Plan.
iDEAS- IDEAS- IDEAS
Your City of Sebastian Parks & Recreation Advisory Committee
NEEDS YOUR IDEAS!
Please join us for a Public Input Workshop on
Saturday, July 20, 2002 from 9 am to Noon at
City Hall, City Council Chambers
to give your input on:
RIVERV~W PARK PHASE I
BARBER ST. PARKING
SCHIIMA_NN LAKE PHASE Ii
BARBER & GEORGE ST. PARK
FIL ,E! T ST. PARK
Parcel behind CHAMBER BUH2)iNG and other areas of interest
Refreshments will be served
Hoping to see you then
Bill, Jeanne, Jayne, Julianne and Elizabeth and Ed
Parks and Recreation Advisory Committee
C. Recommendations for Year 1:2002-03 in the Five Year Development Plan
RIVER VIEW PARK PH_/I~E i
voe:
Location:
Size:
.Designation:
· Year ! (2002-03) Plan:
Public Iiearin~, Inout:
B
Community
indian River Drive
7.95 acres
developed and continuing,
Veterans Memorial and Shoreline Restoration
Sidewalks
Viewed as a positive part of the development
A few benches with an overhang to protect from the weather
Trash containers are important, but give them a natural "fit" look, perhaps chained to surface for
protection from seasonal weather conditions
Nature Trails '
~ Keep the natural and pristine look of the area
n Look at every detail in development to ensure there is no negative impact on the overall nattml
look of the shoreline area.
Band Shell
~ Make this a permanent part of the park system
= There are at least 4 major festivals in the City and our pubhc school childran,,as well as adult
groups, can usc this facihty to present daytime and evening entertainment
Shelters
Any new shelters must fit the natural look of the surrounding area and cominuing to maintain the
aura of a small fishing village.
Fishing Pier
Running water should be provided to wash off fish after cutting.
Cutting and cleaning tables are necessary, so that railings are not misused for this purpose
Lighting for evening fishing, where walking or path lights are provided.
Discarded monofilament line tubes should be provided
Creative pavilion at the end of the pier that can be a source.of protection for senior citizens or
handicapped who may wish to simply enjoy the water beyond the shoreline.
* Concern was voiced about how this addition could have an adverse affect on fishexmen
casting into the water.
Waterfront
~ The underlying explanation for many of the suggestions made about the waterfront was that the
City Council must mak~ every effort to maintain the image of a small fishing village.
~2 Access for people to be able to "touch the water" is very important to many. It was a "historic"
feature of the shoreline for many residents 10 or more years ago.
~ There was expressed a wish to be able to walk down to the shoreline and wade in the water.
~ Concern was expressed for use of mangroves or rocks to protect the shoreline .fixrm erosion. Use of
mangrove trees may require research into the relpllations about care and control of the trees.
Some residents suggested there are stringent guidelines against destroying overgrown areas where
mangroves have been planted. On the other hand, several residents pointed out the history behind
placing rocks along the shoreline, where this became a community project for businesses and
school children.
~ Residents requested narrow Walldng paths.to permit access to the water.
Municipal Marina
Prior to the City Manager explaining that a Feasibility Study recommending against a municipal
marina, residenis did have some ideas and expressed salient viewpoints. It should be noted that
several residents remar~d that the City commissioned Feasibility Study was "very professional"
and worth taking very seriously.
Residents suggested that the City avoid leasing any facility to a private business that would not
benefit the City.
ra Keeping the property for the public's use is much more important that delivering a marina for a
small contingent of boat owners.
~a An alternative was suggested where the restaurant with the changing names, could be purchased
by the City and provide a similar income base to that of the Municipal Golf Course.
- It was noted that the area behind the restaurant has docking areas that can be modified to accept
larger boats and earn money for the City, under strict guidelines provided by the City Council.
Zonq:
Type:
Loc, ation:
Size:
Year 1 (2002-03...) Plan:
Public Hearine Incur:
D
Community
Barber Street for main location of park
7.31 acres for full park complex
developed and continuing
Parking, picnic pavilions, shuffleboard, and bocce ball courts
· Care should be token for the value of resident property surrounding the parking facility.
· Surface should be those that can sustain wear
SCHUMANN LAKE PHASE H
Zone:
Lo.cation:
S e:
year 1 (2002~03). Pla~:
p~ublic .Hear'.m~ Incur:
C
Community
Kildare Drive
8.48 acres
developed and continuing
Canoe and kayak launch
· No Specific comment was made about this project plan
BARBER & GEORGE ST. pARK
Zone:
~Type:
Location:
Size:
Designation:
~Year 1 (2002- ,,0, 3~ Plan:
~Publig Hearip, ~ Inuut:
D
Barber & George Streets
2.1 acres
undeveloped
Clearing, benches, and picnic tables
More walking paths
Small neighborhood park "play area" for young children.
ZOn.,e:
Lo~flon:
Ye~, ! (2002-03) PI,~:
.Publtc,,Heartn~ In.ut:
FILBERT ST. PARK
C
Comm~uity
Filbert Street
9.08 acres
undeveloped
Retenti°n pond, walking trail, playground, picnic pavilion, restrooms,
bocce ball and shufflebOard courts
Leave trees and a pristine environment. The quote heard throughout the morning was to leave
properties alone as much as possible, where "less is better." No park lights
Some residents suggested that shuffleboard was not a necessity in parks because it was out of place
and time with interests people have, but Mr. McCarthy has explained there are several letters on record
suggesting a desire for this low-impact sport,
History - One resident explained that the park area was designated a "passive park" during the tenure
of City Manager Frame.
BEH~, .]VD,, CHAMB~ BUILDING
Ashford T. Jordan Park
Location:
year.,! (200~03~ Plan:
public Hearine Inout:
B
Neighborhood
Indian River Drive
0.3 acres
tmdeveloped
Shuffleboard courts and benches
The remark about de-emphasizing shuffleboard was reiterated when this small area was discussed,
especially because there was no parking
Mr. McCarthy suggested that other low-impact sports can replace that of shuffleboard.
Some tables and benches were suggested
It is important to have a full view of the river from US 1, so that, any play equipment or tables that are
considered in this small park should require the planners to be concerned with visibility.
A resident asked if there could be a small area for children and parents to rest, with light play
facilities made available, such as a sandbox or small climbing gyms.
u Mr. McCarthy explained that this ideais being discussed.
OTHER PARK LOCATION8 DISCUSSED
Location:
Siz__~e:
Year 1 (2002-03) Plan:
Public Hearin~ Inout:
STONECROP PARK
D
Community
Stoncerop Street
24.15 acres
undeveloped
not. designated as part of the plan
Zone:
.Type:
Location:
Size:
Designation:
Year 1 ,(2.0Q2-03) Plan:
Small parking area could be useful for those, in other par~s of the city, to enjoy this site
Banks of the river are probably the most beautiful in the area
Board walk was requested and prior information, from Mr. McCarthy, indicated that this was a
consideration in the future
Benches arc needed for residents to ~joy the vieW.
A small area, clogged now with pepper trees, should be cleared in order to see more of the river.
A
Nei~%or~ood
Barber Street
13.87 acres
developed
not designated as part of the plan-part of the 2001-02 project Plans,
which calls for improved trail surfaces, lighting and warm-up area
Public Hearin~ Inout:
Zone,:
~e:
Location:
Size:
Year 1 (2002-03~ Plan:
Public Hearin~ inout:
Other requests inchded the following improvements:
Small play area to amuse children while parents walked the surfaces. This suggestion brought a
counter-point concern that children should not be left alone and that the City should be concerned
with liability.
Park entrance signs should be posted because o£the combination ora curve to Barber Street near
the entrance to the park.
Picnic tables and benches
Shade trees, especially Live Oak, as compared with palm trees
Re-grade the walking surfaces
EASY STREET PARK
B
Neighborhood
Easy and Lake Streets
6.94 acres
developed
not designated as part of the plan -part Of the 2003-04 project plans
Fountain - residents recall an old mechanism that sprayed water into the a/r. This no longer exists
and they believed it lent an interesting focus to the park.
Requests were made for several improvements:
Bathroom
Benches for resting
Small Parking area
ADDENDUM - General_Remarks
Handicapped
Hard surfaced paths are needed for those with motorized vehicles, wheelchairs, walkers, leg braces
and/or canes.
Parking facilities, while some residents remarked were unnecessary and infringed on the natural
surroundings, were very important for the handicapped resident.
r~ Natural gravel is not an easy surface to walk upon for the handicapped and it was suggested that
many of the parks have short distances where handicapped residents can still enjoy a short nature
walk. The City Council must take care to balance the viewpoints of the residents who are not
handicapped with those who have special needs, yet still want to enjoy the parks.
ca Americans With Disabilities Act (ADA) should be considered by the City Council when changes
are made in the parks and recreation plans.
· The Big City Look
Several residents were concerned that the City Council espouses '"oig city plans" in a town that
historically prides itself on being "small town" and a "fishing village."
ca People have left big cities to come to this historic fishing area.
ca The City Council is being challenged to meet increasing population and accompanying needs
with the viewpoint, held by many residents, that growth does not have to reflect less of a village
· Vending Machines
An example of parks that look like they belong in cities, where vendors ply their businesses, is that of the
Skate Park where soda machines are visible from Barber Street.
rn These exposed soda machines may have an alternative provided by the companies that supply the
machines or the keen mind of some students .who can design non-inWusive vending areas for
these machines, meant to maintain a natural setting for this product. Ask the high school students
inthe community to help design some almmatives.
ca No additional vending machines should be allowed without discussion beforehand.
, Shelters
Any shelter that is built for protection from the rain ought to look like it "fits" into the natural
environment image that residents are seeking in their parks development
Activities and Sports Needing a Location
~ Residents have expressed a viewpOint that some parks can be focused on the following needs
Miniature Golf Course
Volleyball courts
Softball fields
Horseshoe pitching area
· Roller skating rink
· Hard surface path for roller skating
Tables
ca A resident suggested that wherever possible tables with inlaid chess and checkerboards be
designed into the parks. It can be suggested.that these locations be under trees or have a covering
that protects the resideut from sun.
Volunteer Services
[] Nature areas and equipment handling could use the services of retirees in a volunteer capacity.
[] There are organizations that have the environment as a theme and would like to help the City.
impact Fees
~ Wise use of"impact fees," after grant opportunities are considered, should take into consideration
the demographics of the zone.
Parents with Young Children
[] When considering low-impact sports, such as bocce or shuffleboard, consider the needs of young
children and parents that would like small "creative playgrounds."
Recommendations submitted on July 31, 2002 for presentation to the Sebastian City Council on August
14, 2002.
Committee Members:
Bill Ingui
Edward White
.~earme lessup
Sayne Barczyk
Julianne Barrett
Elizabeth Gray
Zone A Representative and Chairperson
Zone B Representative
Zone C Representative
Zone D Representative
Regular at-Large Member
Alternate Member
City Liaison/Parks Superintendent - Chris McCarthy
CITY COUNCIL
WORKSHOP
CITY OF SEBASTIAN
INDIAN RIVER COUNTY, FLORIDA
WEDNESDAY, JULY 17, 2002 -6:00 P.M.
Council Chambers, 1225 Main Street, Sebastian
Recommended Amendments to Land Development Code
Re: Trees and Landscaping
Mayor Barnes called the workshop to order at 6:03 p.m.
The Pledge of Allegiance was recited.
ROLL CALL
City Courlcil Pre.sent:
Mayor Walter Barnes
Vice-Mayor James Hill (excused)
Mr. Joe Barczyk
Mr. Edward J. Majcher, Jr. (excused)
Mr. Ray Coniglio
Staff. Prese.nt:
City Manager, Terrence Moore
City Attorney, Rich Stdnger
City Clerk, Sally Maio
Growth Management Director, Tracy Hass
Chris McCarthy, Parks and Recreation Supervisor
Tree and La.ndscape..Advisorv Board. Members Pres. el~
Cathy Fulton - Chairperson
Charles Cardinale - Vice Chairperson
Ruth Davies
Ann Dann
William Creamer
Henry Madsen (newly appointed member)
City Council Workshop
July 17, 2002
Page Two
4. ~EW BUSINESS
.Review Revised Recommended :La~npuaoe to Amend Land Development Code
~icle XIV Tree Protection and LandscaDino as Recommended bv the Tree and
Lan.c[~caoe Advisory Board
Tree and Landscape Advisory Board Chairperson Fulton, Vice Chairman Cardinale, and
member Ann Dann presented exPlanations for their recommended changes to the Land
Development Code and responded to questions from City Council. They expressed their
concern for the lack of canopy trees in the "Tree City' of Sebastian.
Discussion followed about the problems with tiffing sufficient numbers of trees on lots on
which larger houses are being built, trees which are recommended to be discouraged, and
the need for better educational matedal to the homebuyer relative to preferred trees.
It was decided that the Board would draft a letter to be included in homeowner packets
and/or mailed directly to homebuyers.
The Director of Growth Management was requested to report back to Council on the
average open space that is left on newer residential lots.
Shirley Kilkelly addressed City Council on certain of their discussion items. She was
concerned that homebuyere do not see homeowner packets before houses are built. The
City Manager described the procedure used by the Building Department and developer prior
to land clearing.
TAPE I ~ SIDE II (7:05 p.m.)
Mayor Barnes reiterated that homeowner packets will be mailed directly to the buyer.
Mayor Barnes read Mr. Hill's memo dated June 26, 2002 into the record (see attached) and
then suggested each Councilmember review the proposed language (se~ attached).
During this review the following changes were made:
paae 3. Paragraphs A, B, and C. City Council did not agree with people having to plant
trees in public places if they could not fit them on their yard or cut down specimen trees due
to need. The last sentence of A and B were deleted, B will be reworked and C was left as
recommended. Also the next line regarding no certificate of occupancy was deleted.
paae 4 Mr. Barczyk noted a six should, read seven. Mr. Coniglio suggested explanations
be given for recommending or discouraging certain trees and plants and information be
given as to their proper placement on a lot in the information letter.
Suggested paragraphs 4 and 5 were deleted in lieu of a required resolution, in paragraph
3 may was changed to shall.
Page 6 - paragraph B - consensus to leave language in and delete "which" and change
'provides" to Uprovide'
2
City Council Workshop
July 17, 2002
Page Three
Page 7 - paragraphs 8 and 9 consensus to leave out recommended deletion
Page 9 - paragraph 8 - consensus to take out as recommended
Page 10 - paragraph 10 - consensus to delete recommended paragraph due to the fact the
code already requires a permit
- paragraphs 11 and 12 - consensus to take out as recommended
Page 19 - paragraph 3 - it was suggested an example be given
A discussion then took place on page 20 - Section 54-3-14.17 relative to the Tree Board.
TAPE II - SIDE I (8:07 p.m.)
The City Attorney recommended that this section should be removed from the Land
Development Code and placed in Chapter Two of the Code of Ordinances with other
boards.
Changes were made as follows:
Paragraph A - approved as recommended with the deletion of within citv..limits, on city
~ in both instances.
Paragraph B - stayed the same
Paragraph C - stayed the same
Paragraph D - Changed to "Meetings shall be held once each 'month at such places and
times as determined by the Tree and Landscape Advisory Board and shall be open to the
public."
Paragraphs E, F, and G were deleted.
Paragraph H became paragraph E.
5. Being no further business, Mayor Barnes adjourned the workshop at 8:33 p.m.
Approved at the..
,2002 Regular City Council Meeting.
Walter Barnes
Mayor
Sally A. Maio
City Clerk
HOME OF PEUCAN ISLAND
SEBASTIAN CiTY COUNCIL
MINUTES
REGULAR MEETING
WEDNESDAY, JULY 24, 2002 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
DRAFT
2.
3.
4.
The Mayor called the regular meeting to order at 7:00 p..m.
The Pledge of Allegiance was recited.
There was a moment of silence.
ROLL CA~.
City Council Present:
Mayor Walter Barnes
Vice-Mayor James Hill.
Mr. Joe Bamzyk
Mr. Ray Coniglio
City Cou. ncil Absent~
Mr. Edward J. Majcher, Jr. (Excused)
Staff PreSe~n~;.
City Manager, Terrence Moore
City Attorney, Rich Stringer
City Clerk, Sally Maio
Deputy City Clerk, Jeanette Williams
City Engineer, David Fisher
Finance Director, Mark Mason
Public Works Director, Terry Hill
Sign Shop Manager, Brian Grzesiak
Regular City Council Meeting
July 24. 2002
Page Two
DRAFT
AGENDA MODIFICATIONS (ADDITIONS AND/OR DE_L_~TI. ON$)
Items not on the written agenda may be acl~led on(y upon a majority vote of City Count,~ members (R-99.21)
None.
6. PROCLAMATIONS, ANNOU.NCEME~ANDtOR PRESENTATIONS
02.028
A. Certificate of Appreciation to Adrina Davis_-. Code Enforcement Board
Mayor Barnes read and presented:the certificate to Adrlna Davis.
02.157
B. Mayor to Read Pelican...l~land National. Wildlife Refu~3e Days Proclama.t. io...n
Mayor Bames read the PeliCan Island National Wildlife Refuge Days proclamation,
which has been submitted tothe FlOrida League of Cities. Mr. Coniglio said this Will kick
of a year long festival and noted that President Bush was invited to attend.
02.016
Presentation by Camp. Dresser and MoKee - .Status.. Relative to Sebastian Stormwater
Uti!ltv Master Plan (No Backup~
Erick Grotke, P.E., Camp, Dresser & McKee, gave a brief status report presentation on
the Sebastian Stormwater Utility Master Plan. (See handout attached), He introduced
FIT student interns, Al,stair Grail from Dominica, Efraim Femandes from Brazil and
Nagaraju Naidu from India, who have assisted with the project and responded to
questions from Council,
Tut Connelly, Sebastian, inquired about flood zones. The City Manager noted that the
City's current flood rating is a 9 with 1 being the best and that.the City is working toward
further improvement with projects such as this. Discussion took place on FEMA flood
maps and the need for an update.
CITY ATTORNEY MATTERS
Reported on tomorrow's visit by a Dept, of Community Affairs attorney to look at the
CNK site.
Said he reported to Planning and Zoning Commission that CounCil wants a workshop in
September for the cell tower moratorium.
Reported on the recently developed shopping mall on US 1 noting they were asking for
a waiver from the parapet requirement, but noted Planning and Zoning Commission
rejected the waiver and tabled it for two weeks for further proposals.
Suggested the extensiOn service be invited to plant seedlings from the Hardee Oak in
the event of its death.
Regular City Council Meeting
July 24, 20O2
Page Three
8. CITY MANAGER.. MA'I-rERS
Announced the July 31,2002 City Council workshop on Solid Waste and said he will forward an
agenda and backup packet for Council review,
9. Ci~...CLERK..MA'I'I'ER-~
None.
10. CITY COUNCIL MATTE_.R..S
A. Mr. B..arczyk
Reported on phone calls regarding crews installing sod and leaving pallets behind.
Asked about the mowing contract recently approved and noted certain areas have not
been touched. The Public Works Director reported that they are making progress.
Reported that he is seeing many code enforcement violations. The City Manager said
he had just authorized some liens to be placed.
Asked about an abandoned house under construction on 261' Main Street, also in the
400 block of Cavem. The City Attorney said the owner of the Main Street house had
been contacted.
B. Mr. Ma.i.cher
Absent,
C. Mr. (~o..ni~lio
Requested written reports on City Attorney matters so that questions may be asked of
issues
Asked if the fine collection service had been resaamhed for code enforcement
violations, and the City Manager reported he had previously given an update on this
issue whereby fines were so Iow it would not be prudent to use a service.
Congratulated the City Manager and City Clerk on their quarterly reports.
Mavor Barnes
Reported on the Indian River County Commission meeting on Fellsmere annexation and
Roseland's Sebastian inlet condominium project.
Reported on his meetings with Cathy Burke and Jeff $ouci regarding their efforts to
work with the community on health care issues. He noted that few people run for the
hospital district board and stressed its importance.
Reminded everyone to turn in the City Manager's appraisals.
Inquired about Skydive Sebastian's tax situation and the City Manager said it had been
paid.
Regular City Council Meeting
July 24, 2002
Page Four
DRAFT
Inquired if the city would be using the same contractor for the CRA blight study that was
previously used on the Riverfront CRA. The City Manager reported that the June 28,
2002 newsletter advised Council that the city was seeking proposals for the CR512
triangle CRA.
Reported on the staff website committee meeting and asked City Council what it would
like to see on the site,
The City Attorney said the CRA blight study will have to be done by August 1 ~ and the City
Manager said it would be impossible to complete the formal bid process by that time. The Cit7
·Attomey said unless legislation is rewritten there would probably not be an extension,
Suggested the conservation district next to City Hall be utilized for recreation, by the
creation of a joint participation agreement with Indian River County, The City Manager
said the County has some ideas that agree with Mr, Hill's recommendation, Mr, Hill
suggested a letter be drafted and sent to the County Commission. The City Attorney
said the City is a co-applicant on the land acquisition grant with the County and they can
be reminded to live up to their part of the agreement,
Tape I - Side II (8:03 p.m.)
Mr. Hill asked if some of the property could be used for retention ponds. The City Manager
stated that conservation plans are specific and the city would need to identify other areas for
ponds. It was the consensus of Council to send the letter to Indian River County.
11,
CONSENT AGENDA
All Items on the consent agenda are ¢~nslclemd rou~ne and will be enacted by one motion. There will be no separate ~ion
of consent agenda Items unless a member of City Coun~ so requests; in wNch event, the Item will be remove;l and actecl upon
separately.
A. Approval of Minutes - 7/10/2002 Regular Meeting
02,158
Authorize City Manager to Execute the Historic Preservation Grant Award Agreement and
Addendum for the City Hall/Old Sebastian Elementary School Restoration Program (City
Manager Transmittal 7/17/02, Grant Agreement and Addendum)
02.159
Authorize City Manager to Execute Kimley-Horn Work Authorization #5 for Sebastian
Municipal Cemetery As-Built Survey Notto Exceed $19,000 (City Clerk Transmittal 7/17/02,
Clerk Memo, Pontem Software info, Work Authorization)
02,180
Authorize City Manager to Execute 4.9 Month Contract Service Arrangement Agreement
with BellSouth Telecommunications, Inc. for General Subscriber Services Tariff (Finance
Director Transmittal 7/17/02, Proposed Agreement)
02.161
Award Contract to Wilson's Petroleum Equipment, Inc. in the Amount of $67,839.00 to
Engineer, Design, and Construct Fuel Facility and Authorize City Manager to Execute
(General Services Transmittal 7/15/02, Bid Tabulation Form)
4
Regular City Council Meeting
July 24, 2002
Five
D ,AFT
Approve One Year interagency Agreement with Florida Department of Corrections (Public
Works Transmittal 7/17/02, Agreement)
o2.165 G.
Approve Travel for City Clerk, August 15-16, 2002, Boca Raton; September 27, 2002,
Orlando (City Clerk Transmittal 7/9/02, FACC Letter, FLC E-Mail)
MOTION by Hill/Barczyk
"1 move approval of consent agenda items A-G."
ROLL CALL:
Mayor Barnes - aye
Mr. Hill - aye
Mr. Barczyk - aye
Mr. Coniglio - aye
Mr. Majcher - absent
MOTION CARRIED 4-0
12. PUBLIC HEARING
02.062
Second... Readin.cl ...and Public Hearino Ordinance I~10. O-0~.-09 - Secondary Fr0nty~rd~
~GMD Transmittal. 7/17/0.2, O-02-09~
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE,
CITY CODE SECTION 54-2-5.2.3 SINEiLE FAMILY RESIDENTIAL DISTRICT (R$~10) PROVIDING
SECONDARY FRONT YARD SETBACKS AND SECTION 54-.5-22.2 DEFINITIONOF TERMS: YARD, FRONT;
PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OR ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (l't Reading 7/10/02, Legal
Ad 7/12/02, PH for Adoption 7/24/02)
The City Attorney read the ordinance by title and the Mayor opened the public hearing at
8:05 p.m. Being no input, Mayor Barnes closed the hearing.
MOTION by Hill/Barczyk
"1 move to pass Ordinance No. O-02-9."
ROLL CALL:
Mr. Hill - aye
Mr. Barczyk - aye
Mr. Coniglio - aye
Mr. Majcher - absent
Mayor Barnes - aye
MOTION CARRIED 4-0
Regular City Council Meeting
July 24, 2002
Page 8ix
DRAFT
02.051
13.
14.
INTRODUCTION OFNEW BU$1NEE~_.F...ROM THE PUBLIC
Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda - sign-up
required ~ limit of ten minutes for eac~h speaker
Sal Neglia, Sebastian expressed concern for the new banners installed on street poles and noted
the rocket on CR512 is rotting.
COMMITTEE REPORTS/RECOMMENDATIONS
ConstrJ~ction Board
1. Interview. Unless Waived. and ..Ap..p. oint Reclular Member Electrica! Contractor
Position (City Clerk Transmittal..7/.!.8/02, 3 AoDlications, Ad. Member List)
City Council interviewed Mr. Wolf and Mr. Schmitz who are both alternates on the board.
MOTION by Barnes/Coniglio
"If no one else, I would make a motion to appoint James Schmitz."
ROLL CALL:
Mr. Barczyk - aye
Mr. Coniglio - aye
Mr. Majcher - absent
Mayor Barnes - aye
Mr. Hill - aye
MOTION CARRIED 4-0
2. Fill. Alternate Position If Possible
MOTION by Barczyk/Hill
"Mayor, I'd like to nominate, if Mr. White is still interested in becoming a member, I like to
nominate him as an alternate,"
ROLL CALL:
Mr. Coniglio - aye
Mr. Majcher - absent
Mayor Bames - aye
Mr. Hill - aye
Mr. Bamzyk - aye
MOTION CARRIED 4-0
6
Regular City Council Meeting
July 24, 2002
Page Seven
9 AFT
02.138 B.
Park.,s & Recrea...t..ion Advisory Co...rnmittee
1. Report..o.n July 20th Public Workshoj~
Jeannie Jessup, Parks and Recreation Committee Member, reported on the July 20t~ public
workshop and noted a full report will be presented at the August 14, 2002 City Council meeting.
She said they hope to hold another workshop in the future.
Mayor Barnes suggested that the next ad advise citizens that they can put their ideas in writing if
they cannot attend.
Mr. Barczyk asked if Parks and Recreation will have the ability to review plans before development
takes place and the City Manager said they have reviewed plans and will in the future.
15. OLD I~.U$1NE$~
None.
16. NEW BUSINESS
02.164
Authorize. City Mane.~3er to Execute...D. evel0per's Co_nstruction Aoreerq.ent Between CaDt'n
Butcher,.,. Inc. and. City of Sebast.ian Gpverning .,).~ckson ...Street ~ension Project (City
Manaoer Tra..n.s. mittal 7/17/02, Proposed Aoreement)
The City Manager said due to the fact that Planning and Zoning rejected the site Plan, and an
appeal has been submitted and will be heard before City Council on August 28, 2002, this item
should be postponed until then. He then advised that becaUse many objectives contained in the
developer's agreement are part of the redevelopment agency district that a CRA workshop should
take place on August 28, 2002 at 6 pm on this matter.
Mr. Hill asked, with all the City is proposed to give in this agreement, what the City is going to get
back. City Council discussion followed. Mr. Barczyk said this is not a good deal for the City.
Mayor Barnes said he had a problem with parking, Mr. Coniglio said he would like to see more
greenery.
02,165
Resolution Nq~..R-02-31 .- Third (~arter B~i.df:let ~mendme..nt. (Finanqe Direetor..Transmltt~l
7/17/02, R-02-31, Budq.et Revie.~ Memo,. Project Status Reports .bY Fund, S. chedule of
Investmel3ts)
A RESOLUTION OF THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA ADOPTING AN AMENDED BUDGET
FOR THE FISCAL YEAR BEGINNING OCTOBER 1 2001 AND ENDING SEPTEMSER 30, 2002 AS PROVIDED FOR IN
EXHIBIT "A"; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read the resolution by title and the Finance Director briefly explained the
amendment. He requested changes on circle page 98 under Roads and Drainage in the amount
$9,351. because received bill was actually $4,574,, which brings the drawn down amount to
$25,988. He stated with the local option gas tax money, 3 additional cross walks will be added to
Indian River Drive and this will be on next agenda. He stated there was a telephone pole accident
Regular City Council Meeting
July 24, 2002
Page Eight
D AFT
which added $744, to the budget and the stormwater utility tax brought in excess $116,000.
originally estimated because of over-estimation of conservation lands and early payers that wanted
to receive the discount. He went on to say that the only increases will be due to new commercial
structures. Added that three capital projects exceeded the original budget and there is an added
aerator fountain at Garden Club Park.
Mr, Hill inquired on the franchise fee collection process. The Finance Director was commended
on s well written report.
MOTION by Barczyk/Hill
"Move to approve R-02-31 ."
ROLL CALL:
Mayor Barnes -eye
Mr. Hill - aye
Mr. Barczyk - aye
Mr. Coniglio - aye
Mr. Majcher - absent
MOTION CARRIED 4-0
02.166
AoDroorlate $37.500 and ADDrC~,V.e ,Work Order with Re~3an Masonry at $1.60 Der sf to Pour
Form and Finish Pelican Island Bike Path/Sidewalk and Drainaoe Prolect (,15n..gil~eerine
Transmittal 7/17/902, COSt Estimate, Location Mao~
The City Manager briefly described the project. Mr, Barczyk suggested Barber Street at US 1
considered.
MOTION by Coniglio/Hill
"1 move to authorize the Pelican Island Bike path project at a total cost of $37,500,
appropriate funds and approve a work order with Regan Masonry at the approved contract price
of $1.60 per square foot to form, pour and finish."
ROLL CALL:
Mr. Hill -aye
Mr. Barczyk - aye
Mr, Coniglio - aye
Mr. Majcher - absent
Mayor Barnes - aye
MOTION CARRIED 4-0
02,167
Cormider Plaoina Staff and Council Matters at End of Aaends - Placed bv Mayor Barnes at
the Reauest of Mr. Barczvk ~No Backuo)
Mr. Barczyk said most boards have this type of input at the end of meetings, Mr. Hill said he was
not against this idea. Mr. Coniglio said he had no input.
Regular City Council Meeting
24, 2002
e Nine
D, AFT
02.168
MOTION by Coniglio/Hill
"1 move that we move our placing staff and coUncil matters at the end of the agenda until
we feel it should be moved again."
ROLL CALL:
Mr. Bamzyk - aye
Mr. Coniglio - aye
Mr. Majcher - absent
Mayor Barnes - aye
Mr. Hill - aye
MOTION CARRIED 4-0
E. Pub!i.shin.cl Citv Council Aoenda.s (City (~lerk Transmittal 7./.9/.02)
The City Clerk explained that staff discussion prompted this item and requested, if Council was
inclined to continue running the agenda, it remove the $200 cap set by Council in 1995.
Mr. Hill stated that electronic means may reach more people and perhaps post agendas for next
month with a notice that agendas can be found on webSite and channel 25, also an ad telling
people where it is. Mr. Barczyk stated 20% of citizenry have satellite dishes and not all have
computers, asked how will the agenda get to them. Mr. Coniglio suggested to run an ad that
people can pick up an agenda at city hall and on website, channel 25. Mayor Barnes suggested
to try this as an experiment and look for feedback.
MOTION by Coniglio/Hill
"I move that we temporarily or until further notice, stop printing the agendas for the
meetings, make them available at city hall, on our webslte, can probably also be e-mailed, is that-
e-mail them, (I'm in the middle of a motion here,) and advertise such in Press Journalat a reduced
size."
Mr. Hill offered an addendum to the motion to add Broadband Channel 25. Mr. Coniglio seconded
the addendum.
ROLL CALL:
Mr. Coniglio - aye
Mr. Majcher - absent
· Mayor Barnes - aye
Mr. Hill - aye
Mr. Barozyk - aye
MOTION CARRIED 4-0
17. Being no further business, the Mayor adjourned the meeting at 9:00 p.m.
Approved at the August 14th, 2002 Regular Council Meeting.
Walter W, Barnes
Mayor
DR~AFT
Sally A. Maio, CMC
City Clerk
lO
HOME OF' PELICAN ISLAND
DRAFT
CITY COUNCIL
SOLID WASTE COLLECTION
WORKSHOP
CITY OF SEBASTIAN
INDIAN RIVER COUNTY
FLORIDA
WEDNESDAY, JULY 31, 2002 - 6:00 P.M.
Council Chambers, 1225 Main Street, Sebastian
Mayor Barnes called the workshop to order at 6:10 p.m.
City Coun,~[.Present:
Mayor Walter Barnes
Vice-Mayor James Hill
Mr. Joe Barczyk (6:15 p.m.)
Mr. Edward J. Majcher, Jr.
Mr. Ray Coniglio (excused absence)
Staff Present:
City Manager, Terrence Moore
City Attorney, Rich Stringer
City Clerk, Sally Maio
Deputy City Clerk, Jeanette Williams
Finance Director, Mark Mason
Public Works Director, Terry Hill
General Services Administrator, Paul Wagner
City Coundl Workshop
July 31,2002
Page Two
DRAFT
Overview of Existina Solid Waste Services and Franchise Aereement
The City Manager provided a brief history of the current five year franchise agreement
with Capital Sanitation which is due to expire on June 30, 2003 and stated that he
sought recommendations with the research staff has provided.
Martdatorv vs. Non Mandatory Solid Waste Service Provision
The City Manager reviewed the pros and cons of mandatory vs. non mandatory
services.
a. .Tax Roll (Better Price for Residents}
The City Manager stated with mandatory service, this would be the most cost
effective for the citizens.
b. Bv Service Provider ('Hiaher Price for Residents)
The City Manager stated the provider~s cost to bill the customer would be passed
on as the city's current provider does,
c. Timeframe to Assemble Tax Roll Billino Mechanism
The City Manager stated a directive should be in place prior to June, 2003 to
ensure a smooth transition and that the tax roll would be the easiest, cost-
effective option.
The Public Works Director provided photos of household trash deposited on various
vacant lots throughout the city over a period of time. He advised that his department is
called upon by the Police Department or Code Enforcement to pick up this trash which
takes a back hoe, two men and a truck to deliver the trash to the land fill.
The City Manager advised that the area around Cornerstone has been cleaned up by
the new owners and this trash has been newly dumped.
J=rian~hise .[=ee for commercial Services
The Finance Director discussed the need for a commercial franchise agreement to
repair the roads which the heavy trucks damage, He went on to say we could piggyback
off of Indian River County franchise agreements for pricing.
City Council Workshop
July 31, 2002
Page Three
DRAFT
Public incur
Baxter Coston said the city is not going to stop people from dumping garbage, said
Council has allowed Capital to continue its poor service for the four years he has been in
Sebastian, inquired how costs could be less for mandatory, said he currently pays $6.34
per month on his tax bill for solid waste, and said he believes it is illegal for the city to
collect for a pdvate industry.
Richard Smith, Carnation Ddve, Sebastian, inquired whether them would be pdvate or
municipal service under a mandatory arrangement, inquire d whether a collector would
pick up debds in vacant lots, and said the promise that outsiders am dumping in the city
is not true.
Sal Neglia, Sebastian, said putting out garbage cans does not make for a better looking
city, asked if them is a franchise fee for trucks using the city streets, said he did not
think the Roseland transfer station would close.
Judy tally, Easy Street, Sebastian, asked whether costs would incmase in subsequent
years.
Mayor Bames assured the public that no decisions have been made at this time.
The City Manager said that multi-year contracts am typical.
Kevin Faulkner, Bywood Avenue, Sebastian, said he had problems with Capital
Sanitation, said the current fee even with the solid waste fee is inexpensive, urged that
franchise terms be decreased from five years, and asked if council members had
Capital service.
Lisa Zahner, Executive Director, Keep Indian River Beautiful, cited survey results from
the Litter Index taken during the Spring/Summer 2001 for Sebastian, noting of 215 sites
100 sites had no visible litter, 104 had litter and 11 were considered dump sites; cited an
EPA study relative to masons for and results of illegal dumping; and said if the city were
to consider non-mandatorY it would limit itself as to companies that would be interested.
Ms. Zahner was advised to provide copies of the study to the City Clerk for City Council.
Bob Cally, Easy Street, Sebastian, said he was opposed to mandatory pickup.
Chuck Weaver, Mulberry Stm et, suggested that Council put limitations on who it
contracts with, citing Capital Sanitation's frequent fuel leaks.
Mayor Barnes said them will be public hearings scheduled for future Council meetings
on this issue.
Mr. Majcher reiterated that non-mandatory service limits the providers that will be
interested.
City Council Workshop
July 31, 2002
Page Four
DRAFT
7. Being no further discussion, the Mayor adjourned the workshop at 7:25 p.m.
Approved at the August 14t~, 2002 Regular Council Meeting.
Walter W. Barnes, Mayor
Sally A. Maio, CMC
City Clerk
HOME 0t: PELICAN iSLAND
Subject: 2002 Historic Preservation
Grant Award Agreement/Restrictive
Covenants
Agenda No. ~2-, 15 g
Deparunent Origin:
Date Submitted: 07-26-02
For Agenda of: 08-14-02
Exhibits: Historic Preservation Grant Award Agreement/Restrictive
Covenants
EXPENDITUKE REQUIRED: [ AMOUNT BUDGETED:
APPROPRIATION REQUIRED:
s~¥
As a condition of the Historic Preservation Crmnt Award between the State of Florida,
Department of State, Division of I-Iistorical Resources and the City of Sebastian, the
proposed Restrictive Covenants is attached for your review and approval.
R~COMa~a~m} A~O~
Move to authorize the City Manager to execute the Historic Preservation Restrictive
Covenant asa condition ofthe Historic Preservation Grant Award between the State of
Florida, Department of State, Division of Historical Resources and the City of
Sebastian for the City of Sebastian City HalFOld Sebastian Elementary School interior
restoration program.
Historic Preservation Grant Award Agreement
Spec. iai Category Grants
Grant No. SC~56
This A.6~ is between the S~at~ of Florich, Depar~nent of State, Division ofI-lh~ori=al l~esou~ce~,
hereinafter r~fezred to as the D~armm~t, and th~- City of Sebartian, a muuicipal corporalion existing under the
laws oftha State of Florida, hcreinafmr referred to as th~ (~ relative to the Sebastian Elementary School,
h~rduaf~ xefen~d to as the ~oject; and is enUn~d in~ th~ ~,.~'~ay of ~ ,20~.~'
The Department is r~pov, dble for the adminislrafi~ d/rant-h-id assistance for historic preservation purposes
,,~aer the provisions of Sectio~ 267.0617, Florida Statutes. Th~ Crrantee ha~ al)plied for l/rant-i~-aid assistance for
the P~oject. The applicatio~ inoorpm-ated by reference, has Been r~wi~wed and approved in accm'/b.uce with Cha!~cr.
lA-35, Florida Admi~i~5-afive Cod~, which re~Jates Histm~ Preservation (3~k~t~-in-Aid. Subject io the limflafions
s~t forth in this Al~nent, ~ranMn-aid. fimds in th~ amount of $250,000.00 (two hundred fifty thousand dollars)
have be~n resell for the Project by the D~partment The Department and the Grantee a~ree as follow~:
Scope of Work
The Project shall include the followin/authorized proj~ woflc
Rehabilitation of the building for continued City Hall and public use to include:
a. Structural repairs;
b. Selective demolition;
c. I~tallaflon of H~rAC, electrical, fire alarm, and PlUmbing systen~;
d. Installation of accessibility ramp and elevator;
e. Restoration of historic stairs, trim, doors, and hardware;
f. Installation of attic insulation;
g. Interior painting;
h. Installation of two fire stairs and exit doors at the rear of the building;
L Modffication$ to create three accessible restrooms; and
j. Restoration of of interior plaster finishes sad wood'flooring on the second floor and flr~t floor
corridors.
Grant l%riod
The grant period is effective on the date of the final signing of the Grant Award Agreement by all patties and
ends on June 30, 2004. All ~xant funds must be expended or be encumbered under the terms of a bmd/ng
ccmtraciual agreement by thc A~r~ement end~g dat~.
Disbursement of Funds
Crtant funds may be paid in four installm~ts. C-rantees shall submi~ the four silg~ed l~ClUeSt~ for
Advanced Payment forms with this sil;ned G-r~t Award Agreement to i~itiate the grant. The first
i~t~ll~t may be requested by the Department upon full execution of lhe C~mut Award A/reement, and
for those projects requ/ring l~estr/ctive covenants, submission ora complete copy of the Res~ctive
Covenants showing that it has been recorded by the appropr/ate Clerk of the Circuit Court. The second
payment may be requested after the beginning of the second state fiscal quarter. The third payment may be
requested after the be~ of the third state fiscal ~ and receipt of the project pro/ross and
· expend/rare repeat for the ?roject's first ropon/n~ period. The final payment of/rant fuuds may be
requested when the. Cuantee demonstrates that the funds have been encumbered under the terms of bind/rig
contracnml a~reement or a/~reemmts, review and approval of project plans and specifications by the
Department, and co~,~mation of the Crmntee's local cost al:are, lqowever, th/s payment schedule shall be
subject to the t/mely ~l~g of required repro'ts and to any special conditions required by the Office of the
Comptroller of the S'~tate of Florida.
b. The Grantee shall tenrporarily inve~t surplus/nmt fun& in an interest bemqn~ account, and interest earned
on such investments shall be retuzned to the Depaxlmcnt quarterly.
Accounting Requirements
TI~ Grantee shall maintain an acc'ountin~ sysmm which proV/&~ for a complete record of the use of ail ~-ant
lunch. This accountinl~ system shall !~ovide for:
Aoctuat~, curren~ ~ud complete disclosure of the smt~s of an grant funds.
P~cords that identify adequately the application of funds for all activities relamd to the ~ran$. h the
absence of a proper accounting system with ammmis dctailinE the application of laud% a separate checkint~
~ccouut, contei~ug only g~ut funds or specifically clesi~nated for grant funds, may be use&
.Effective control over and accotmtability for an funds, property, and other assets.
d. Account/nE rocor& that are supported by source documentation (i.e., invoices, b/ih, cancelled ch~ck~) and
are sufficiently derailed to allow for a proper preaudit and postau~t
P..e/ention of Accounting Records
a F;-,..cid records, tmpporting docum~ts, statistical records, and all other rocor& includk~ electronic
storage med/a pe~/nent to the Project shall be retained for a per/od of five years after the end of the grant
period. If any I/t/gat/nn or audit/s/nifiatod, or cla/m made, before the expiration af th~ five year period,
the records ~hsll b~ retained tmtfl the I/figatio~ audit, or claim has been resolved.
The Crnmtee shall make all ~rant records of expenditures, copies of reports, books, and related '
documentation includin~ electronic storage media available to the Department or a duly authorized
re~zesentative of the State of Florida for inspection at a reasonable t/me for the purpose of conductin~
Expenditures
All expemtitures must be directly related to the inn'pose of this/rant and ,'mul be easily identified as such.
Project costs may not include any c~penditure or cost not directly related to the ptupose of this gnmt as se~
forth in the scope of work.
No expenditures shall be made from these/~ut funds for any co~t~ inctm~d prior to th~ date of this
A~reememt unless authorized by the D~partm~t in writing prior to the ~--pend/ture.
These grant funds will not be used for lobbying the L~gialatare, the judicial branch or my state agency.
2
The D~parlment shall not be liable to pay attorney fees, interest, late charges and service fee. s, or cost of
collection related to the Grant.
The Grantee shall no~ charge the Deparmmm~ for any lrave2 expe,~se withou~ the Deparmnen~S prior written
approval. Upon obtaining vaittt~ approval, tim C-xantee shall be authorized to inour lrawl ~-penses to be
reimbursed in accordance with the provisions of Section 112.061, Florida 5~atuUm.
Restrictive Covenants
With the exception of those properties owned by fha 4Nate of Florida or the UniU:d h"lales Federal Govemm~
as a condition for receiving gra~ funk, the (~nt~e shall have fully exccutecl and duly recorded i~ the county
iz which the property is located, the ~closed P~sirictive Cov,m~,~ts agreeing m the conlinued mainWn~..ce,
. repair and arlv,,h~i~ration of the property receiving grallt assistance in a mam~ satisfactory to the Depaxtm~nt
for a period of ten years from the dam of recordation by the appropriate Clerk of the Circuit COurt.
Standards
The Grantee ~ carry out all project work in compliance with th~ Secretary of the Interior,s Slaudards for
Rehabiliiztion or th~ Seoreumy of thc Interior's Staudards for Archaeological Documenlation, which are
incorporated by refer~mce.
9, Review
Pursuant to Section 267,061(3)(i), l~lorid~ S1xtutes, the (h-a~tee shall provide the Department an opportunity to
review and approve architectural documents for the project a~ the followiug points in their development:
a. upon completio,~ of schematic design;.
b. upon completion of desi~ developmeni and outline specifications; and
c. upon compl~ion of working drawin~ and specifications, prior to execution of the construction contract
10. Procurement Documentation
The 0rautee shall submit complete bid doc~,~*s and a copy ofth~ final contract for co~truction work to the
Department for z~riew and approval prior to ffmal execuiioz by the Grantee.
11. Progress and Expenditure Reports
The Cu'antee shall submit to the Deparmoent a completed "Progress and Expenditure P. mport" form for
reporting period of the grant period. Progrcas and Bxpendil~re P,~por~ shall be received by th~ Department
wi*,~ 50 days of the ~ ora zeporting period.
Wi~i,~ 30 clays of completion of project work, the Orantee shall submit the completed '~inal Prosress and
12,
Notices, ~chedule~ and Sponsorships
"Sponsored in pa~ by the ~ate of ~or~a, Depa~en~ o~ ~t~, D~ion of ~oric~ ~ources, ~si~ted by
the ~lorida ~orical Comm~ioa. "
~ proj~c~ ~ ~lay a p~oject id~a~ca~oa ai~ ~ a pro~t lo~on at ~ ~oj~ct ai~ w~e work ~ ~
pro~ess, ~ ai~ m~ be a m~i~ of eight sq~e f~I ~ ma, be cmm~d ofpl~ood or o~ d~able
'~ proj,~ has been fin~c~d in ~a~ w~h h~o~c ~r~ss~o~ grant ~s~anae provided by the State of
~ari~, ~orlda D~a~snt off, e, Div~ion of ~rlenl 2ssourass, ~si~sd by the ~rMa ff~orieal
Comm~ston. "
~y v~on ~ ~e above ~ecfficafions m~t rec,iw ~ a~ov~ by ~e D~~ ~e co~ of
pr~m~on ~d ~ec~on of ~ project i~ca~m ~ m ~owable ~oje~ cesta. ~ou~,
costa of project si~ ~e not ~owablm project costa.
13.
14.
Liability
The Department ah,il not assume any liability for the acts, omissions to act or negligence of the Grantee,
its agents, sm'rants or employees; nor shall the Grantee exclude liability for its own acts, omissions to act
or negligence W the D~'~er~n~t The Grantee hereby agrees t~ be re~o~s~le for eny injury o.r prop~'ty
damage resulting ~rom any activities conducted by the Grantee, its agents, servants or employees.
The Grantee, other ~h,,,~ a gantee which is the State or agency or subdivision of the State, agrees to
~ and hold the D~partment harmless from and against any and all cl.i,~ or de,~-d~ for damages
manlting from perscsal injury, including death ar damage to proper~y, arising out of any act/viti6s und~
this Agreement nnd shall invest/gate all claims at its own expe,tse,
The Cmmtee ah,Il be respons~nle for all work performed and all eXPenses incurred in connection with the
project. Th~ Cu'ant~ nmy subcontract as necesaery to p~rfoxm the services set forth ~ this Agreen~ut,
including entering into subcontmc~ with venders for services and commodities, provided that it is under-
stood by th~ Crmntee that the Department shall not be liabl~ to the subconUactor for any expenses or
liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for
all expenses and liabilities incurred under the subcontract.
Non-Discrimination
The Crrantee will not discrlmlrtate against any employee employed in the perfommnce of this Agreement, or
against any applicant for en~ployment because o£race, religion, color, handicap, national origin, ag6, gender or
marital status. The Gra-tee ~ insert a s~ provision in all subcon~-rs for services by this Agreement
15.
~ublic Access
Ttte Department shall unila'terally cancel this Agreement in the event that the Grantee re. fuses to allow public
access to all doctnn~ts or other materials subject to the provi~ious of Chapter 119, Florida Statutes, and made
or received by the Crrantee in conjunctio~ with the Agreement.
16.
Termination of Agreement
The Dcpartm~t shall h~ve the anthor~y to cancel this Agreement because of feilur~ of the Cman~ to
obligations under ~ Agreement or any other past or present grant award agreement wi~h this Division or any
other Division withiu the Deparlmncn~ of Sram. Satisfaction of 0bligadons by tb~ Grantee shah be determined
by th~ Dcpartmcut Th~ Department shali provide the (2ranl~e a written notic~ of d~fauk letter. The Grantee
~ have 15 calendar days to cure the de~ult, u~ess it is &~ed by the Depaxlment that th~ default is of a
natu~ that canaot be ~s~m& If tho default is not ctu~d by the Grantoe within the stated period, the Depa.~ent
shall temfinate this Agreement. Notice shall be sufficient if it is delivered to the party person,ny or mailed to
its spec/fled address. In the event of termination o£this Agreement, the Crrantee ~ be compensated for may
work completed in aocmxlauce with this Agreeme~ prior to notification of
If the Grantee violates any of the provisions of tl~ Agreement, the Depmlment ~ have the right to
the return o£moneys delivered and withhold subsequent payments due under this or other granm. If notice of
ter~;,~tion is given, the Department shall not be liable for services rendered, expenses incurred or goods
delivered aft~ receipt of the notification of ~
17.
Availability of Funds
The Dcpm-tmen~s performance and obligation to pay under tkis Agreement is contingent upon an =,,,~,~d
~ppropfiafion by the Legishmre. In the eVent ~at the ~ flmds on which this Agreement is dependent arc.'
withdrawn, ibis Agreement is term~,,ted end the Department has no further liability to the (~rantee b~yond that
already incurred by th~ termiuation date. In the event of a slate r~venue shortfall, the total grant shall be
reduced in proportion to the revcnu~ shortfall.
18.
19.
Audit
Bach grantee, other*,,~ a grantee which is a State agency, shall submit to an audit or submit an attertation
statement pu~,~,~t to Section 216.349, trlorida ,qUttutes.
Ail audits or attestations as descn'bed above sha~l be submi~d withi,~ six months of the close of the
Crranme's fiscal year, or within six months of the e~s!,,g of the Grant Period, All audits or attestations
must cover each of the Grantee's fiscal years for wMch grant funds were received or expended under tMs
Local Cost Share
The ~rant~e shall expend $.138,9S2.00 (one hundred thirty-eight thousand nine hundred flfty-lwo dollars)
in Local Cos~ Share funds for lt~ Projec~ The Gran~ ah all subsUmtially jus~-~ to the D~anm~t all
expenditures related to the Local Cost Share. 'Any portion of the Local Cost Share not substantially jmrtified
will b~ reduced from the total amount of the grant.
20.
Independent capacity of Grantee
The (~antee, ii'not a Stat~ agency, ~gr~es that i1~ officc~s, agents and employees, in pcrforms,~ce of this
Agr=ement shall act in the capacity of. an independ~t coniractor and not as an officer, agent or employee
of th= Sta~e of Florida. The ~rantee, ffnot a State agency, is not entitled to accrue any benefits and any
other rights or privileges connected with employment in thc State Career Service. The Gnmtee agrees ~o
l~ke such steps as nmy be necessary to ensure that each subcontractor of the (~rantee will be deemed to be
an incMpendent contractor and will not be considered or permitted to be an officc~, a~ent or employee of
the StaU:.
b. Grant funds cmmot be used to pay for the services of a State employee for t/me for which the employee is
being paid by the State.
22.
23.
24.
26.
Conflict of Interest
The grantee shall camply with the laws of the State of Florida govcraing confHc~ of'interest and standard~
of ~thicd condnc~ iuclu~iug C~pter 112, Part ~I, Florid~ Statutes. lm addition, no grantee official.
employee, or conm~ltant who is authorized +. kis or her official capacity ~o =egotmte, make, accept,
approve, or take par~ in &cision~ regarding a contract, subcontrac~ or other agre~nent in connection with
a txant assisted project shall tske part in any dec/s/on relating to such contract, subcontract or other
agre~n~nt in which he or she bas a~y fmmc/al or other interest, or in which his or her spouse, minor chfld~
or panner, or any orgmization in which he or she is s~ving as an officer, director, marne, pruner, or
employee of which he or she bas or is negotiatin§ any arrangement concerning employment has such
interest~
Governing Law
Tiffs A~reem~mt is executed and ~mtered into in the ,~tate of Florida, and ahall be con~lrued, performed, and
enforced m all respecm in accordance with the laws and rules of the .~tat~ of Florida. l~ach pan'y shall
pe~form its obligations her~mder in accordance with the terms and conditions of this Agreem~.
b. If any term or prov/sion of ili/s Alrm~nt/S found to be illegal and tme-,forceable, the remainder of this
Agreen~nt shall z~min in fitll force and effect and such term or provision shall be deemed stricken.
Preservation of Remedies
No delay or omie;~o= t~ =xc~cise ;my right, power or ten. dy accn~ to e~ther Pe~ upon breech or defenlt by
either per~/~ ~ Agreement; ehedl in,pair any such right, power or r~n~dy of e~ther party; nor shell 'such
delay or omission be conan~d as e waiver of any such breach or default, or any ~,~ breach or defattlt
Non-Assignment
The Crrantee shall not assign, sublicense or otherwise .Iransfer it fights, duties or obligations under this
Agreement without prior wr/t~an consent of the D~armmt which cons~t shall ,~ot he unreasonably withheld.
The Agreementtransferee must also demonsuate compliance with Cbapmr 1A-3~ Plofi~ia AdministratiVe
Code..If the Departme~..t approves a .transfer ofil~ Grantee's obligations, the Grantee re=ua/ns rerponsible for
all work performed a~d all expenses mcun~d in connection with the Agremm~nt In the event the Leg/shiurc
uansfcn .the rights, duties and obligalions of the D~aalment ~o another ~ovemment entity pursuant to Section
20.0~, Florida Statutes° or otherwise, the rights, duties and obligalions trader this Agree~nent shall also be
uans£crr~d to the successor.gov~nm~nt entity as if it were an original party to the Agreement.
Binding of Successors
This Agreement shall bind the successors, assigns a~d lesal representatives of the Cuautee and of any legal
entity that succeeds to the obligations of the Depamnant
Notification
Unless there i,s a ~.h.'.ge of address, any nolice required by ~ Agreement shall be d~livcred to the Bureau of
Historic Preservation, Division of Historical P, zsources, Florida D~par~o~t.o£~tate, 1L A. Gray Budding, 500
South Bronough Street, Tallalmssec, Florida 32~99-0250 for the D~panment, and to City of Sebastian, 1225
Main Street, Sebastian~ II'L, 329.S8, :for the Grantee. Unless the C.,-Tautee has notified, the D~partmmat in
writing by ~tum r~ceipt mail of any change of address, all notices ahall be d=~m~d deliv~d if ~an~ to the
above address.
27. Sovereign Immlllltty
Neither the State nor any agency or subdiv/sion of the State waives any defense of soy=eton/mmunfl'y, or
increases the limits of its liability, upon entering into this conlractual relaiio,~hlp.
Strict Compliance with Laws
The Crran~ee agrees that all acls lo be performed by it in connection with ~ Allotment shall b~ performed in
siricl conformity.with all applicable laws and regulations of the State of Florida.
Copyright and Royslties
Wh== publi~atioz=, fikas, or s~rnilar ma~m-i21s az~ developed, directly or indirectly, from a program, project or
activity supported by ~ant flinch, any copyright nmult~g therefrom shall be held by the Florida Department
of State, Division ofHisinric~] 1R.esources. The anther nmy mwange for copyright of such matezials only after
approval, from the D~t Any copyright anauged for by the author shall includ~ acknowledgment of
grant assistance. As a condition of grant assistance, the grantee agrees to, and awards to the Deparanent and,
if applicable, to the l%ch~.ral Governmeut, and to iU officers, ag=uts, and employees acting w/t~,, the scope of
their official duties, a.royalty.free, mmexclusive, and imevoc~le licu~se throughout the world for official
purposes, in publish, lranslate, reproduce, aud use all su~ect data or copyrightable matmial based on such dau
covered by the COlrrri~t.
~tntire Agreement
This ins~mcnt embodies the whole Agreement o£tb~ pa~ties. There are uo provisions, tm're,s, con~titions, or
obligations oth~r than those contained hero,m; mxl ~ Agreement shall supersede all previous
connmtmications, r~resanmtions or agreements, either vefoal or vcritten, between the pm*des. 1No ~vo,,udment
or extension of th/s Agr~cnmnt ~ be effective unless in writiug and properly ~xeCUted by th~ parties.
All writam approva~ re£m~aced i~ this Agreem~t m~st be oblatued fi'om the pazti~' t~'at~t adminislrators or their
designees. The D~arlme~t ~ the C~mtee have read this A~eement ~nd tU~ve ~:bxed their sign~ture.~:
DEPAKTIVIENT OF STATE
crr~ oF SEBASTIAN
.
Typed Name and Title of Xulimrized Officie.1
.RESTRI ,C~ COVENANTS
THESE COVENANTS are entered into this day of , 200__, by
........ , hereinafter referred to as thc Owner, and CiW of Sebastian
hereinafter referred to as the Grant Recipient, and shall be effective for a period of ten years from
the date of recordation by the Clerk of the Circuit Court of ~ County, Florida.
WH]~KEAS, thc Own.er is the fee simpt¢ titleholder of the Property located at 1225 Main
~Str.eet~ Sebastian. Indian River CoUnty, FlOrida, as described in Exhibit A, attached to and
made a part hereof and
WHEREAS, the Grant Recipient is to receive State Historic Preservation Grant assistance
funds administered by the State of Florida, Department of State, Division of Historical
Resources, R.A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250,
hereinafter referred to as the Department. in the amount of $.25~.000,00.., to'be used for the
restoration and preservation of the property of the Owner as described in Exhibit A, and
WH]~REAS. said State fimds have been or will be expended for thc purpose of preserving
the historic qualifies'of the property or contributing to the historic character of the district in
which the property is located,
Now THEREFORE. as part of the consideration for the State grant, the Owner and the
Grant Kecipient hereby make and declare the following restrictive covemmts which shall nm
with the title to said Property and be binding onthe Owner and its successors in interest, if any,
for a period stated in the preamble above:
1. The Owner and the Grant Recipient agree to maintain the property in accordance with
good preservation practices and the Secretl~rv of the Interior's Standards.for Rehabilitation.
2. The Owner and the Grant Recipient agree that no modifications will be made to the
Property, other than routine repairs and maintenance, without advance review and approval of the
plans and specifications by the Department's Bureau of Historic Preservation.
3. The Owner and the Grant Recipient agree that every effort will be made to design any
modifications to the Property in a manner Consistent with the Secretary of the.ilnt.erior's Standards
for. Rehabilitation,
4. The Owner and the Grant Recipient agree that the Department, .its agents and its
designees shall have the right to inspect the Property at all reasonable times in order to ascertain
whether the conditions of the Grant Award Agreement and these covenants are being observed.
5. The Owner and the Grant Kecipient agree that these restrictions shall encumber the
property for a period of ten years from the date of recordation, and that if the restrictions are
violated within the ten year period, the Department shall be entitled to liquidated damages
pursuant to the following schedule:
a. If the violation occurs within the first five years of the effective date of these
covenants, the Department shall be entitled to return of the entire grant amount.
b. If the violation occurs at, er the first five years, the Department shall be entitled to
return of thc entire grant amount, less 10% for each year past the first five. For instance, .if the
violation occurs after the sixth anniversary of the effective date of these covenants, but. prior to
the seventh anniversary, the Department shall be entitled to return of 80% of the original grant
amount.
6. The Owner agrees to file these covenants with the Clerk of the Circuit Court of ~
River County, Florida, and shall pay any and all expenses associated with their filing and
recording.
7. The Owner and Crrant Recipient agree that the Department shall incur no tax liability as a
result of these restrictive covenants.
12q WITleSS WHEREOF, the Owner and Grant Recipient have read these Restrictive
Covenants and have hereto affixed their signatures.
WITNESSES:
~itness Signature
Jean M. Tarbell
Wimess Name Typed/Printed
Witness Si~natur~
12251~n~, ~, FL 32958
Owner's Address
City State Zip
Wii'ness Name Typed/Printed
The State of F,~rid§.
Co ty of
I certify that on this date before me, an officer duly authorized in the state and cOunty named
above to take acknowledgment% that ,~,~_,~,,~_ ,~. 57'~fi~_ personally
appeared
as
/,O~ffic~l~ ' (Nr~_ er~, Cor~oi-ation/Parmershiv)
known to me to be or who proved to my satisfaction that he/she is the person described in and
who executed the foregoing instrument.
Type of Identification Produced
Executed and sealed by me at~ Florida~200~2 . '
N0t~blic in and fbr
----¥ 7 ~ 7 .... ' ....
Jl.'d~i~ ".~~ II The State of ~
EXPIRF- $: AFtl 3(1, 2iX}6
Il
commission expires:
[L~.~'i.,. ~"~",".,~,*~.,,~ = My
[SEAL]
~oVitness Sig~aature
Witness Name Typed/Printed
1225 l~tn ~
Grant Recipient's Address
F~:~mtima FL 32958
City State Zip
Wimess Name Typed/Printed
The State of F!pri .da ..
County of ~--~-71
I certify, that on this date before me,.an officer duly authorized in the state and county named
above to take acknowledgments, that ~~.~c,~_ ,~. ~ personally
f)/ (Off~er) f (NK~(.e~.Corfiorafioa/Partners'~io)
known to me to be or who proved to my satisfaction that i~e,/s~he is the person described in and
~whO executed the foregoing instnnnent.
Type of Identification Produced
Nota~ubii~ in and fo'r .--~
lb?- ~ -~ MY COMMISSION # OD 08~3~. [[
The State of ~ff~,2
My commission expires: ~.~,~ ~d~
ISa. ALI
· This instrument was m'e~ared under the supervision of Frank R. Stockton, Attorney, Florida D~artment
o~f S .ta. te~..Dj~sig~n.o~f Historical Resources,-R.A. Gray Bufldin§, 500 South Bronou~h Street, Tanahassee,
_~lOrlOa ~ZJYY-UZ3U.
MUNICIPAL
City of Sebastian, Florida
Subject: FDOT, Aviation Section Grant
Agreement
Agenda No. ~PE, !~ ~L_
Department Origin:
Dept. Head:
Finance:
General Services:
Date Submitted:
For Agenda of:
7/31/02
8/14/02
Exhibits: Resolution R-02-32,
EXPENDITURE
REQUIRED: $ 0
FDOT Aviation Section Grant Agreement
AMOUNT BUDGETED: APPROPRIATION
$ N/A REQUIRED: N/A
SUMMARY
Sebastian Municipal Airport staff was recently successful in securing a Orant
Agreement from the Florida Department of Transportation (FDOT), Aviation Section
for the construction of an administration facility for the Airport, Public Works, and
Engineering Departments. The respective agreement calls for FDOT to fund $333,500 of
the project.
The benefits of such a facility are many. As most would agree, Airport staff and
administration need to be based on the airport. This allows for increased efficiency of
operation as well as better monitoring of airport activities. In addition, a significant cost
savings can be realized by combining the three aforementioned departments in one
larger building, rather than simply constructing a stand-alone facility to be used only by
airport staff. Finally, this will also allow for the future relocation of the entire City
Garage/Public Works Compound to a much more compatible location on the airport.
If this agreement is authorized, it will allow for further analysis of specific de~ails such
as necessary size, location, and infrasmacture needs, which will then be presented at a
later date.
m co m ntior
Move to approve Resolution R-02-32 authorizing a Joint Participation Agreement
between the Florida Department of Transportation and the City of Sebastian for the
construction of-an administration facility for the Airport, Public Works, and
Engineering Departments.
RESOLUTION NO. R-02-32
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE A PUBLIC TRANSPORTATION
JOINT PARTICIPATION AGREEMENT WITH FDOT TO
PROVIDE FUNDING FOR CONSTRUCTION OF AN
ADMINISTRATION FACILITY; PROVIDING FOR CONFLICT;
PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the Florida Department of Transportation has agreed to provide
funding for the construction of an administration facility at the Sebastian Municipal
Airport; and
WHEREAS, the City of Sebastian agrees to certain conditions to such funding;
NOW THEREFORE, BE IT RESOLVED BY. THE COUNCIL OF THE CITY OF
SEBASTIAN, as follows:
Se¢florl ~!. AUTHORIZATION. The City Manager is hereby authorized to
execute the attached PUBLIC TRANSPORTATION JOINT PARTICIPATION
AGREEMENT for Project No. 412382-1-94-01 on behalf of the City, as attached
hereto as Exhibit "A".
Section 2.
herewith are hereby repealed.
Section 3. EFFECTIVE DATE. This resolution shall take effect
immediately upon its adoption.
The foregoing Resolution was moved for adoption by Councilmember
CONFLICTS. All resolutions or parts of resolutions in conflict
The motion was seconded by Councilmember
being put into a vote, the vote was as follows:
Mayor Walter Barnes
Councilmember Joe Barczyk
Councilmember James Hill
Councilmember Edward J. Majcher, Jr.
Councilmember Ray Coniglio
and, upon
The Mayor thereupon declared this Resolution duly passed and adopted this
day of August, 2002.
CITY OF SEBASTIAN, FLORIDA
A'FI'EST:
Sally A. Maio, CMC
City Clerk
By:
Mayor Walter Barnes
Approved as to form and legality for
reliance by the City of Sebastian only:
Rich Stringer, City Attorney
b-"TATE OF FLOFUDA DEPARTMENT OF TRAN~:~RTATION
FORM 7~,
PUBUC TRANSP ADMIN
F~O~ ~ oft2
PUBLIC TRANSPORTATION
JOINT PARTICIPATION AGREEMENT
FINANCIAL PROJECT NO.:
4;12382-1.94-01
Contract No:
Fund: . DS ....
Function: .... ~7
Federal No:
Catalog of Federal Domestic Assistance Numbe~.
FLAIR Approp:~88719
FLAiR Obj.: 750004.
Org. Code: 55042D1042~
Vendor No: VF5~042701~8 ,
Catalog of State Financial Assistance Number. ~
THIS AGREEMENT, made and entered into this ..... ., day of,
by'and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida,
hereinafter referred to as the Department, and Citv,.0f Sebastian
hereinafter referred to as the AGENCY.
WITNESETH:
WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter
described, and the Department has been granted the authority to function adequately in all areas of appropriate
jurisdiction including the implementation of an integrated and balanced transportation system and is authorized
under 333.006 (6). Florida Statutes, to enter into this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants, promises'and rapresentafions herein, the pa .rti~
agree as follows:
l.O0 Purpose of Agreement: The purpose of this Agreement is Construct Administration Building
i~d as further described in Exhibit(s)
reof, . ~A, B, & C attached hereto and by this reference made a part
. hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the
'-,germs and conditions upon which such assistance will be provided and the understandings as to the manner in which the
project will 'be undertaken and completed.
FORM 72r~13O. oa
I=LiBUC TRANSP AD.IN
07~O1
P~2 ~'12
2.00 Accoreplishment of the Project:
2.10 General Requirements: The Agency shall bommence, and complete the project as described In. Exhibit
attached bemto and by this reference made a part hereof, with all practical dispatch, in a sound, economical, and efliolant
manner, and in accordance with the provisions herein, and all applicable laws.
2.20 Pursuant to Federal, S1;rts, and Local Law:. In the event that any election, referendum, approval, permit~
notice, or other proceeding or authortc~tion is requisite under appiioabis law to enabie the Agency to enter into this
Agreement or to undertake the project hereunder, or to ob stove, assume or carry out any of the provisions of the
Agreement, the Agency roll initiate and consummate, as provkisd by law, all actions necessary with respect to any such
matters so requisite.
2.30 Funds of the Agency: Tlie Agency shell inFdn~le nnd prosecute to completion all proceedings necessary
,including federal aid requirements to.enable the Agency to provide the necessary funds for completion of the project.
2.40 SUbmission of Proceedings, Contracts and Other Documents: The Agency shall submit to the
Department such .da'm, reports, records, conbaots and other documents relating to the project as the Depa~ent may
require as listed in Exhibit 'C' attached hereto and by this reference mede a part hereof.
3.00 Project Cost: The total estirnnt~ cost of the project is ' $667'.000.00 . This amount
is based upon the estimate summarized in Exhibit 'B".atJnctmd hereto and by this reference made a part hereof. The
Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved.
4.00 Depa~'.,,ent participation: The Department agrees to maximum participation, including contingencies, in
the project in the amount of $333.500.00 as detailed in F..xhiblt "B", or in an amount equal
to the percentage(s) of.total project cost shown in Exhibit "El", whichever is less.
4.10 Project Coat Eligibility: Project costs eligible for State part~lpation will be nliow~ only from tbs effective
date of this Agreement. It is understood that State part~pation in eligible project costs is subject to:
(a) . Legislative approval of the Department's appropriation request in the work program yearthat the project
is scheduled to be committed;
(b) Availability of funds as stated in paragraph 17.00 of this Agreement;
(c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this
Agreement;
(d) Department approval of the project s~:q~ and budget (Exhibits A & B) atthe time appropriation authonty
becomes available.
4.20 Front End Funding: Front end funding (~.:) ~s not) aPPlicable. If applicable, the Department may initially pay
100% of the total allowable incurred, project coats up to an amount equal to its total share of participation as shown in
paragraph 4.00.
5.00 Relaina~: Ratainege (~) (is not) applicable. If applicable, . N/A ..... percent of the
Department's total shars of. participation as shmm in paragraph 4.00 is to be held in ratatnage'to be disbursed, at the
Department's discretion, on or before the completion of the final project audit.
FORM ~
PUBLIC TRANSP ADMIN
07/01
Pa~e 3of12
6.00
Project Budget and 'Payment Provisions:
6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department.
The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbumements
of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall
be effective unless it complies with fund participation requirements established in paragraph 4.00 of this Agreement and is
approved by the Department COmptroller.
6.20 Payment Provisions: Unless otherwise allowed under paragraph 4.20, payment will begin in the year the
project or project phase is scheduled in the work p .rogrem as of the date of the agreement. Payment will be made for
actual costs incun'ed as of the date the invoice is submitted with the final payment due upon receipt of a final invoice.
7.00 AccoUnting Records:
7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in
conformity with requirements established by Department's program guidelines/prOcedures and "Principles for State and
Local Govemments", separate accounts to be maintained within its existing accounting system or establish independent
accounts. Such' accounts are referred to herein collectively as the "project account". Documentation of the project
account shall be made available to the Department upon request any time during the period of the Agreement and for
three years after final payment is made. '
7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project
account, and deposit in a bank or'trust company which is a member of the Federal Deposit Insurance Corporation, all
payments received by it from the Department pursuant to this Agreement and all other funds provided for, accrUing to, or.
~, ~, j,=,,~ ,,,u=~. , ,~/%]u,~j snail require aepos~tonee o~ project funds to secure continuously and fully all project
'"~unds in excess of the amounts insured under federal plans, or under State plans which have been approved for the
deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner as
prescribed by State Law for the security of public funds, or as approved by the Department.
7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the
project. Costs in excess of the latest approved budget or attributable to actions which have not received the required
apProval of the Department shall not be considered eligible costs.
7.40 Documentation of Project Costs: All costs charged to the project, including any apl~roved services
contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts,
or vouchers evidencing in' proper detail the nature and propriety of the cha'rges.
7.$0 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is
or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on
file in the office of the Agency stating in proper detail the purpose for Which such check or order is drawn. All checks,
payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole ot in' part to the project
shall be clearly identified, readily, accessible, and, to the extent feasible, kept separate and apart from all other such
documents.
7.60 Audit Reports: In addition to the requirements below, the Agency agrees to comply and cooperate with
any monitoring procedures/processes deemed appropriate by the Department, including but not limited to site visits and
limited scope audits. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or
audits deemed necessary by the State Comptroller or Auditor General. The Agency shall retain sufficient records
demonstrating its compliance with the terms of this Agreement for a period off three years from the date the audit report is
,~mil~sued, and shall allow the Department access to such records and working papers upon request. The following
~uirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or.
evaluations of state financial assistance or limit the authority of any state agency inspector general, ~he Auditor General,
or any other state official. '
FORM ~
PUBUC TRANSi~ ADMIN
Pa~e 4 ef 12
7.61 Federal Audit: In the event the Agency expends a total of $300,000 or more in Federal awards in its ~
fiscal year, the Agency must have a single or program-specific audit conducted in accordance with the provisions or OMIE~
Cimular A-133. Federal awards are to be identified using the. Catalog of Federal Domestic Assistance (CFDA) title and
number, award number and year, and name of the awarding Federal Agency. If the Agency expends less than $300,000,
this audit is not required and if the Agency elects to have an audit conducted in accordance with the provisions of OMB
Cimul. ar A-133, the cost of the audit must be paid from non-Federal funds.
The Agency agrees to allowthe Department or an Independent auditor of the Department, the State Comptroller, and the
Auditor General access to the Agency's records and financial statements as may be necessary for complying with the
requirements of 31 U.S.C. 7501 et seq.
Pursuant to OMB circular A-133, Subpart C .320(d), the Agency.shall provide a copy of the reporting package and any
management letters to the Department, or copies of auditor reports for audits conducted in accordance with OMB Circular
A-133, to the Department and to:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10a Street
Jeffersonville, IN 47132
7.62 State Audit: In the event that the Agency expends a total of $300,000 or more in State awards in its
fiscal year, the Agency must have a State single or project-specific audit for such fiscal year in accordance with Section
215.97, Florida Statutes and the applicable rules of the Executive Office of the Governor, the State Comptroller, and the
Auditor General. State awards will be identified using the Catalog of State Financial Assistance (CSFA) title and number,
award number and year, and name of the awarding State agency. If the Agency expends less than $300,000, this audit is
not required and,.if the Agency 'elects to have an audit conducted in accordance with the provisions of Section 215.97.,...
Florida Statutes, the cost of the audit.must be paid from non-State funds. In determining the State av~rds expended in ~
fiscal year, the agency shall consider all sources of State awards except State awards received for Federal program
matching requirements shall be excluded from consideration. State awards will be idantif~d using the Catalog of State
Financial Assistance (CSFA) title and number, award number and year, and name of the awarding State agency, if the
Agency expends less than $300,000, this audit is not required end if the Agency elects to have an audit conducted in
accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from non-State
funds.
The Agency agrees to allow the Department, the State comptroller, and the Auditor General access to records and
independent auditor's working papers, as necessary for complying with the requirements of Section 215.97, Florida
Statutes.
The Agency shall provide annual financial reporting paclmge of audits prepared in accordance'with SectiOn 215.97,
Florida Statutes, and applicable Rules of the Auditor General to the Department and to:
State of Florida Auditor General
Room 574, Claude Pepper Building
1 11 West Madison Street
Tellahasses, Floflda 32302-1450
7.63 Other Requirements: if an audit discloses any significant audit findings relating to any award, including
material noncompliance with individual project compliance requirements or reportable conditions in internal controls of the
Agency, the Agency shall submit as part of the.audit package to the Department a plan for corrective action to eliminate
such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency shall take
timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans.
FORM ~
PUBLIC TRANSP ADMIN
Pa~S~12
7.70 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has
and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to
any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or
facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its
interest in the lost equipment or facility.
In the event this Agreement is for purchase of lend or for the construction of infrastructure such as airport runways the
Department may waive or modify this section with an Exhibit "C".
8.00. Requisitions and Payments:
8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department
of Transportation, District ~, Office of Modal Development, 3400 W. Cpmmercial Blvd. Ft.. [mJderdal~, Florida,.33309
its requisition on a form or forms prescribed by the Department, and any other data pertaining to the project account (as
defined in paragraph 7.10 hereof)to justify and support the payment requisitions.
8.11 invoices for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper preaudit and postaudit thereof.
8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S.
The Department may establish rates lower than the maximum provided in Chapter 112.061, Florida Statutes.
8.13 For real property acquirpd, submit;
(1) the date the Agency acquired the real property,
(2) a statement by the Agency certifying that the Agency has acquired said real property, and actual
consideration paid for. real property.
(3) a statement by the Agency certifying *that the appraisal and acquisition of the real property
together with any attendant relocation of occupants was accomplished in compliance with all
federal laws, rules and procedures required by any federal oversight agency and with all state
laws, rules and procedures that may apply to the Agency acquiring the real property.
8.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such
requisitions in amounts and at times deemed by the Department to' be proper to ensure the carrying out of the project and
payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Deparlment may elect
by notice in writing not to make a payment on the project if:
8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its
application, or any supplement thereto or amendment thereof, or in or with respect to any document or data
furnished therewith or pursuant hereto;
8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any
of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to
the project;
'8.23 Approval by Department: The Agency shall have taken any action pertaining to the project
which, under this agreement, requires the approval of the Department or has made related expenditures or
incurred related obligations without having been advised by the Department that same are approved;
8.24 Conflict of interests: There has been any violation of the conflict of interest provisions contained
herein; or
8.25 Default: The'Agency has been determined by the Department to be in default under any of the
provisions of the Agreement.
FORM 725-03O. O6
IK,-~LIC ~P ADMIN
07/01
F)~ge 6 of 12
8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistanc~
to the project suspends or terminates federal financial assistance to the project, in the event of suspension
termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs.
8,30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects
costs incurred by the Agency prior to the effective date of this Agreement, costs which am not provided for in the latest
approved budget for the project, and costs attributable to goods or services received under a contract or other
arrangements which have not been approved in writing by the Department.
8.40 Payment Offset: If, after project completion, any claim is made by the Departmant mSu~ng from an audit
or for work or services performed pursuant to this agreement, the Department may offset such amount from payments due
for work or services done under any public transportation joint participation agreement which it has with the Agency owing
such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting
amounts shall not be considered a breach of contract by the Department.
9.00 Termination or Suspension of Project:
9.10 Termination or Suspension Generally: if the Agency abandons or, before completion, finally discontinues
the project; or if, by reason of any of the events or conditions set forth in paragraphs 8.21 to.8.26 inclusive, or for any
other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable,
infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations
under this Agreement until such time as the event or COndition resulting in such suspension has ceased or been
corrected, or the Department may terminate any or all of its obligations under this Agreemant.
9.11 Action Subsequent to Notice of Termination or SuSpension. Upon receipt of any final
termination or suspension notice under this paragraph, the Agency shall proceed promptly to cany out the action~i,
required therein which may include any or all of the following: (1) necessary action to terminate or suspend,
the case may be, project activities and contracts and such other action as may'be required or desirable to keep
to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the
project activities and contracts, and other un .dertaldngs the cost of which are otherwise includable as project costs;
and (3) remit to the Department such portion of the financing and any advance payment previously received as
is determined by the Department to be due under the provisions of the Agreement. The termination or suspension
shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or
upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to fumish the
schedule, plan, and budget within a reasonable time. The approval of a remittance bythe Agency or the closing
out of federal financial participation in the project shall not constitute a waiver of any claim which the Department
may otherwise have arising out of this Agreement. .
9.12 The Department reserves the fight to unilaterally cancel this Agreement for refuse] by the contractor
or Agency to allow public access to all dOCUments, papers, letters, or other material subject to the provisions of
Chapter 119, Flodda Statu~ and made or received in conjunction with this Agreement.
10.00 Remission of Project Account Upon ComPletion of Project: Upon completion .of the project, and after
payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the
Agency shall remit to the Department its share of any unexpended balance in the project account.
11.00 Audit and Inspaction: The Agency shall permit, and shall require Its conbac~rs to permit, the
Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records
and accounts pertaining to the financing and development of the project.
12.00 Contracts of the Agency:
FORM 72S.030-{~
PUBLIC 't'RANSP ADMIN
07~01
F~age 7of 12
12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall
not execute any contract or obligate Itself in any manner requiring the disbursement of Department joint participation
funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with any third
party with respect to the project without the written approval of the Department. Failure to Obtain such approval shall be
sufficient cause for nonpayment by the Department as provided in paragraph 8.23~ The Department specifically reserves
unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the
employment of the same.
12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties
hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract
for engineering, architecture, or surveying services, is contingent on the Agency complying in full with provisions of
Chapter 287, Florida Statutes, Consultants Competitive Negotiation Act. At the discretion of the Department,. the Agency
will involve the Department in the Consultant Selection Process for ali contracts. In all cases, the Agency's Attorney shall
certify to the Department that selection has been accomplished in compliance with the Consultant's Competitive
Negotiation Act.
12,30 Disadvantaged Business Enterprise (DBE)Policy and Obligation:
12.31 DBE Policy: it is the policy of the Department that disadvantaged business enterprises as defined
in 49 CFR Part 26, as amended, shall have the maximum opportunity to participate in the performance of
contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of 49
CFR Part 26, as amended, apply to this Agreement.
12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business
Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the
performance of contracts and this Agreement. in this regard, all recipients, and contractors shall take all
necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that the
Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts.
Grantees, recipients and their contractors shall not discriminate on the basis Of race, color, national origin or sex
in the award and performance of Department assisted contracts.
13.00 Restrictions, Prohibltion~, Controls, and Labor Provisions:
t3,10 Equal EmploYment Opportunity: In connection with the ca .r:rylng out of any project, the Agency shall not
discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin.
The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during
employment, without regard to their race, age, creed, color, sex, or national origin.. Such action shall include, but not be
limited to, the following: Employment upgrading, demotion,, or transfer;, recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency
shall insert the foregoing provision modified only to show the particular contractual relationship in all Its contracts in
connection with the development or operation of the project, except contracts for the standard cornrnercial supplies or raw
materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for
standard commercial supplies or raw matadals: When the project involves installation, construction, dernoliflon, removal,
site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for
employment for project work, notices'to be provided by the Department setting forth the provisions of the
nondiscrimination clause.
13.20 Title VI. CMl Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a
etrtification that the Agency will comply with all the requirements impOsed by Title Vi of the Civil Rights Act of 1964 (78
ute 252), the Regulations of the Federal Department of Transportation Issued thereunder, and the assurance by the
ncy pursuant thereto.
FORM ~
PUI~UC TRANSP ADMIN
07/01
Page~ of 12
13.30 Title VIII - Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes
certification that the Agency will comply with all the requirements imposed by Title ViII of the Civil Rights Act of 1968,
USC 3601,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national
origin, religion, sex, disability and familial status.
13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint PartiCipation Agreement
constitutes a certification that the Agency will comply with all the requirements imposed bythe ,ADA, the regulations of the
federal government issued thereunder, and the assurance by the Agency pureuant thereto.
13.50 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into
any contract, subcontract, or arrangement in connection with the project or any property included or planned to be
included in the project, in which any member, officer, or employee of the Agency dudng his tenure or for two years
thereafter has any interest, direct or indirect. If any such presentor former member, officer, or employee involuntarily
acquires or had acquired prior to the beginning of his tenure any such interest, and if such interest is immediately
disclosed to the Agency, the Agency with prior approval of the Department, may waive the prohibition contained in this
subsection: Provided, that any such present member, officer or employee shall not participata in any action by the
Agency relating to such contract, subcontract, or arrangemet~ The Agency shall insert in all co~=cts entered into in
connection with the project or any property included or planned to be' included in any project, and shall require its
contractors to insert in each of their subconfl-ac~, the following provision:
"No member, officer, or employee of the Agency during his tenure or for two years, thereafter shall have any
interest, direct or indirect, in this contract ortho .proceeds thereof."
The. provisions of this subsection shall not be applicable to any agreement between the Agency end its fiscal depositories,
or to any agreement for utility services the rates for which are f'~ed or controlled by a Govemmentalagency.
13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress
Untied States shall be admitted to any share, or part of the Agreement or any benefit arising therefrom.
14.00 Miscellaneous Provisions:
14.10 Environmental Pollution: Execution of this Joint Participation Agreement ~ a cerlffication by the
/Agency that the project will be carried out in conformance with all applicable environmental regulations including the
securing of any applicable permits. The Agency will be solely responsible for any liability lathe event of non-compliance
with applicable environmental regulations, Including the securing of any applicable permits, and will reimburse the
Department for any loss incurred in connection therewith.
14.20 Department Not Obligated to Third Partlee: The Department shell not be Obligated or liable hereunderto
any party other than the Agency.
14.30 When Rights and Remedies Not Waived: no event shall the making by the Department of any
payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant orany defaUlt
which may then exist, On the part of the Agency, and the rnaking of such payment bythe Department while any such
breach or default shall exist shall in no way impair or prejudice any right or remedy available to:the Department with
respect to such breach or default.
14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held
invalid, the mmeinder of this Agreement shall not be affected. In such an instance the remainder would then continue to
conform to the terms and requirements of aPPlicable law,
14.60 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and,
also, agrees not to pay, any bonus or commiseion for the purpose ef obtaining an approval of its application for the
financing hereunder.
FORM 725-0~0.06
PUBLIC TRANSP ADMIN
07/O1
14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enfome
compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State
law:. Provided, that if any of the provisions of the Agreement violate any applicable Stats law, the Agency will at once
notify the Department in writing in order that appropriate changes and modifications may be made by the Department and
the Agency to the end that the Agency may proceed as soon as possible with the project.
t4,70 Use and Maintenance of Project Facilities and Equipment.: The Agency agrees thatthe project facilities
and equipment will be used by the Agency to provide or support public transportation for the pedod of the useful life of
such facilities and equipment as determined in accordance with general accounting principles and approved by the
Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the
useful life of said.facilities or equipment.
14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories
and develop control systems as required by 49 CFR Part '18, when applicable.
14.80 Disposal of Project Facilities 'or Equipment: If the Agency disPoses of any project facility or equipment
duriiig its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the
Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to
'remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said
proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment
as provi.ded in this Agreement.
14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold
harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or
pense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees during the
rformance of the Agreement, except that neither the Agency,. its agents, or its employees will be liable under this
paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by
the Department or any of its officers, agents, or employees during the performance of the Agreement.
When the Department fecaives notice of claim for damages that may have been caused by the Agency in the
performance of seru. ices required under this Agreement, the Department will immediately forward the claim to the Agency.
The Agency and the Department will evaluate the claim and report their findings to each other within fourteen (14)
working days and will jointly discuss options in defending the Claim. After reviewing the claim, the Department will
determine whether to require the participation of the Agency in the defense of the claim or to require that the Agency
defend the Department in such claim as described in this section. The Department's failure to promptly notlfythe Agency
of a claim shall not act as a Waiver of any right herein to require the participation in or defense of the claim by Agency.
The Department and the'Agency will each pay.its own expenses for the evaluation, settlement negotiations, and trial, If
any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses at
trial.
15.00 Plane and Specifications: In the event that this Agreement involves the purchasing of capital equipment
or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appmpriats
plans and specifications covering the project. The Department will review all plans and specifications and will issueto the
Agency written approval with any approved portions of the project and comments or recommendations concerning any
remainder of the .project deemed appropriate. After resolution of these comments and recommendations to the
Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project.
Failure to obtain this wriffen approval shall be sufficient cause for nonpayment by the Department as provided in
paragraph 8.23. '
16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final
t~oice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency
ility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended
purpose.
FORM 7~
PUBLIC ~ ADUIN
07/01
17.00 Appropriation of Funds:
17.10 ~he State of Florida's performance and obligation to pay under this Agreament is contingent upon an
annual appropriation by the Legislature.
17.20 Multi-Year Commitment.' In the event this Agreement is in excess of $25,000 and has a term for a period
of more than one year, the provisions of Chapter 339.135(6)(a), Florida Statutes, are hereby incorporated: "(a) The
Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its
terms Involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such
fiscal year. Any contract, verbal or wntten, made in violation of this subsection is null and void, and no money may be
paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are
available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall
prevent the making of contracts for periods exceeding .1 year, but any contract so madeshall be executory only for the
value of the services to be rendered or agreed.to be paid for in succeeding fiscal years;' and this paragraph shall be
incorporated verbatim in all contracts of the Depa,[.~ent whi~ ara for an amount in excess of 25~000 dollars and which
have a term for a period of more than 1 year."
t8.00 Expiration of Agreement: The Agency agrees to complete the project on or before
August 31. 2004 . If the Agency does not complete the project within this time period, this Agreement
will expire unless an extension of the time period is requested by the Agency and granted in writing by the District
Secretary, District_._F_p...~__. Expiration of this Agreement will be considered termination of the project and the
procedure established in paragraph 9.00 of this Agreement shall be initiated.
18.10 Final invoice: The Agency must submit the final invoice on this project to the Department within 120 days
after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid.
10.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural.
words used in the plural form shall extend to and includ· the singular. All WOrds used in any gender shall extend to and
-include all genders.
20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two
counterparts, each of which so executed shall be deemed to be an original, and sUCh counterparts together shall
constitute one in the same instrument.
21.00 Restrictions on Lobbying:
2t.10 Federal: The Agency agrees that nO federal.appropriated funds have bean paid or will be paid by. or on
behalf of the Agency, to any person for influencing or attempl]ng to Influence any off'~..er or employee of any federal
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member o~ Congress in
connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any
federal contract, grant, loan or cooperative agreement.
If any funds other than federal appropriated funds have 'been paid by the Agency to any person for influencing or
attemp'dng to Influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in COnnection with this Joint Participation Agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with ils
instructions.
The Agency Shall require that the language of this section be inclUded In the award documents for all subewards at all
tiers .(including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all
Subrecipients shall certify and disclose accordingly.
FORM/25-030.0e
PUBUC TRAN~p ADMIN
07/01
Page 11 of 12
21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature ora state
agency.
22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the
Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to
inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies othen~ise.
The Department has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The
20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected
and approved.
If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and
services, a separate interest penalty in accordance with Section 215.422(3)(b) will be due and payable, in addition to the
invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care providers,
as defined by rule. Interest penalties of tess than one (1) dollar will not be enfomed unless the Agency requests payment,
Invoices which have to be returned to an Agency because of vendor preparation errors will result in a delay in the
payment. The invoice payment requirements do not start until a Properly completed invoice is provided to the
Department.
AVendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual
include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the
Department. The Vendor Ombudsman may be contacted at (904)488-2924 or by calling the State Comptroller's Hotline,
1-800-848-3792.
23.00 Public Entity Crime: Pursuant to 287.133(3)(a) F.S. the following is applicable to this agreement.
287.133(2)(a) "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public
Qtity.crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid
a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on
leases of real property to a public entity, may not be awarded or perform work as a contmct0r, supplier, subcontractor, or
consultant under a contract with any public entity,, and may not transact business with any public entity in excess of the
threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on
the convicted vendor list."
24.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not
submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with
a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real
property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant
under a contract with any public entity, and may not transact business with any public entity.
FORM 7254330.06
MLIC TRANS~ ADMIH
07/01
Financial Project No., 41'2382-1-94-01.
Contract No .....
Agreement Date .....
IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year flint above
AGENCY
City of Sebastian
FDOT
COMPTROLLER FUNDING APPROVAL
DATE:
BY:
TITLE:
ATTORNEY
DEPARTMENT OF TRANSPORTATION
ATTEST:
TITLE:
(SEAL)
..... DISTRICT S'ECRETARY
OR
DIRECTOR OF PLANNING & PRODUCTION
APPROVED AS TO FORM, LEGALITY
ATTEST:
TITLE: ....... (SEAL)
Fin. Pmj. No. 412382-1-9,,4.-01~
Contract No.:
Agreement Date:.
EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
This exhibit forms an integral part of that certain Joint Participation Agreement
between the State of Flodda, Department of Transportation and
.,City of ,Sebastian ....
PROJECT LOCATION: Sebastian Municipal Airport
PROJECT DESCRIPTION: Construct Administration Building
SPECIAL CONSIDERATIONS BY AGENCY:
The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule
of project assistance that will reflect the Department's contract number, Financial Project
Number and the Federal Identification number, where applicable and the amOunt of state
funding action (receipt and disbursement of funds) and any federal or local funding
action and the funding action from any other source with respect to the project.
The plans and specifications review required in paragraph 15.00 of the Agreement shall
include an Engineer Certification and compliance with Department requirements as
outlined in Exhibit "C". ' '
SPECIAL CONSIDERATIONS BY DEPARTMENT: N/A
Fin. Proj. No.: 412382-1-94-01
Contract No.:
Agreement Date:
EXHiBIT "El"
PROJECT BUDGET
This exhibit forms an integral part of that certain Joint Participation Agreement between the
State of Florida, Department of Transportation and
City of Seb~.an
I. TOTAL PROJECT COb~:
I!. PARTICIPAtiON:
Federal Participation:
FA~ FTA, UMI'A, etc.
Agency Partidpation:
I~r~dmum ~ P~dcip~on:
Prirr~ry (r~s) (r:g:~ ~u) ~
~eder~d Pai~ (r:~,J) ~ (I:~'T^)
III. TOTAL PROdECT ~:
0.00%
50.00%
Fin. Proj. No: 412382~1-94-0!_
Contract No.:
Agreement Date:_
EXHIBIT "C"
AVIATION PROGRAM ASSURANCES
This exhibit forms an integral part of the Joint Participation Agreement between the State of Florida,
Department of Transportation and City of Sebastian
A. General
1. Duration: The terms, conditions, and assurances of the Agreement shall remain in full force and
effect throughout the useful life of the facilities developed or equipment acquired for an airport
development or noise compatibility program project, or throughout the useful life of the project items
installed within a facility under a noise compatibility program prOject, but in any event not to exceed
twenty (20) years from the date that the Agreement is executed. However, there shall be no limit on the
duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used
as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect
to real property acquired with state funds.
2. Obligation: The Agency shall honor these assurances for the duration of this AgreemenL' If the
Agency takes any ac'don that is not consistent with these assurances, the full amount of this Agreement
will immediately become due and payable to the Florida Department of Transportation.'
B. General Assurances
The Agency hereby assures that:
1. Good Title: It holds good title, satisfactory to the Department, to the landing area of the airport or site
thereof, or will give assurance satisfactory to the Department that good title will be acquired.
2. Preeervlng Rights and Powers:
a. Jt will not take or permit any action which would operate to deprive it of any of the fights and
powers necessary to perform any or all of the terms, conditions, and assurances in the
Agreement Without the written approval of the Department, and will act promptly to acquire,
extinguish or modify any outstanding rights or claims of right of others which would interfere with
such performance by the Agency. This shall be done in a manner acceptable to the DepartmenL
· b. If an arrangement is made for management and operation of the airport by any agency or
parson other than the Agency or an employee of the Agency, the Agency will reserve sufficient
rights and authority to ensure that the airport will be operated and maintained according to
applicable federal and state laws, regulations, and rules.
3. Hazard Removal & Mitigation: It will clear and proteci terminal airspace required for instrument and
visual operations at the airport (including established minimum flight altitudes) by removing, lowering,
Jolrrt Participation Agreement (JPA) Exhibit C
Page1
relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the
establishment or creation of future airport hazards.
4. Compatible Land Use: It will take appropriate action to ensure local government adoption of airport
zoning ordinances that comply with Chapter 333, F.S. The ordinances shall address height restrictions
and other potential aviation hazards and limitations on incompatible land uses~n the vicinity of the airport.
The vicinity of the airport includes all areas that will be affected by normal aircraft operations and noise.
The Agency assures that it will take appropriate action to oppose and/or disapprove any attempted
change in local land use regulations that would .adversely affect the continued level of airport operations
by the creation or expansion of incornpatible land uae areas. The Agency assures that it will provide the
Department with a copy of all local airport zoning ordinances, codes, rules, regulations, and amendments,
including proposed and granted variances thereto.
5. Consistency with Local Plan~: It will take appropriate actions to have the current airport master plan
adopted into the local government comprehensive plan at the earliest feasible opportunity.
6. Airport Layout Plan:
a. It will keep a layout plan of the airport up to date showing:
(1) Boundaries of the airport and all proposed additions thereto, together with the
boundaries of all offaite areas owned or controlled by the Agency for airport purposes and
proposed additions thereto;
(2) Location and nature of all existing and: proposed airport facilities and structures (such
as runways, taxiways, aprons, terminal buildings, hangars, and roads), including all
proposed extensions and reductions of existing airport facilities; and
(3) Location of all existing and proposed non-aviation areas and of ail existing
improvements thereon.
b. Such airport layout plans and each amendment, reviaion,'or modification thereof, shall be
subject to the approval of the Department. The Agency will not make or permit any changes or
alterations in the airport or any of Its facilities that are not in conformity with the airport layout plan
as approved by the Department and which might, in the opinion of the Departmerlt, adversely
affect the safety, utility, or efficiency of the airport.
7, Fee and Rental Structure: It will maintain a fee and rental structure for the facilities and services at
the airport which will make the airport aa self-sustaining as possible under the cimumstances existing at
the particular airport taking into account such factors as the volume of traffic and economy of collection. If
this Agreement results in a facility that will be leased or otherwise produces revenue; the Agency assures
that the revenue will be at fair market value or higher.
8. Airport Revenue: That all revenue generated by the airport will be expended for capital or operating
costs of the airport; the local airport system; or other local facilities which are owned or operated by the
owner or operator of the airport and which are directly and substantially related to the actual air
transportation of passengers or property, or for environmental or noise mitigation purpcees on or off the
airport.
9. Financial Plan: It will develop and maintain a cost,faaaible financial plan to accomplish the projects
necessary to achieve the proposed airport improvements depicted in the airport layout plan. The financial
plan shall be a part of the airport master plan. The flnenoial plan shall realistically assess project phasing
considering availability of state funding and local funding and the likelihood of federal funding under the
Federal Aviation Administration's priority system. All project cost estimates contained in the financial plan
Joint Participation Agreement (JPA) E~hlbit C
Page2
shall be entered in the Joint Automated Capital Improvement Program (JACIP) Online Web site. The
JAClP Online information shall be kept current as the financial plan is updated.
10. Operation & Maintenance: The airport and all facilities which are necessary to serve the
aeronautical users of the airport, shall be operated at all times in a safe and serviceable condition and in
accordance with the minimum standards as may be required or prescribed by applicable federal and state
agencies for maintenance and operation. The Agency assures that it will not cause or permit any activity
or action thereon which would interfere with its use for airport purposes. Any proposal to temporarily
close the airport for non-aeronautical purposes must first be approved by the Department. The Agency
will have arrangements for promptly notifying airmen of any condition affecting aeronautical use of the
airport. Nothing contained herein shall be construed to require that the airport be operated for
aeronautical use during temporary periods when flooding or other climatic conditions interfere with such
operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance,
repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed
due to an act of God or other condition or circumstance beyond the control of the Agency.
1t. Economic Nondiscrimination: It will make the airport available as an airport for public use on
reasonable terms and without unjust diSCrimination to all types, kinds, and classes of aeronautical
activities, including commercial aeronautical activities offering services to the public at the airport.
12. Exclusive Rights: It will permit no exclusive right for the use of the airport by any person providing,
or intending to provide, aeronautical services to the public.
13, Federal Funding Eligibility: It will take appropriate actions to maintain federal funding eligibility for
the airport. Further, It will avoid any action that renders the airport ineligible for federal funding.
14. Termination.of Agreement: It will make exPenditures or incur obligations pertaining to this
Agreement within two years after the date of this Agreement or the Department of Transportation may
terminate this Agreement. The Agency may request a one..year extension of this two-year time. period.
The District Secretary shall have approval authority.
15. Retention of Rights and Intere~l~: It will not sell, lease, encumber, or otherwise transfer or dispose
of any part of its title or other interests in the property shown on Exhibit A to this aPplication or, fora noise
compatibility program project, that portion of the property upon which state funds have been expended,
for the duration of the terms, conditions, and assurances in the Agreement without approval by the
Department.
16. Consultant, Contractor, Scope, and Cost Approval: It will grant the Department the right to
disapprove the Agency's employment of specific consultants, contractors, and subcontractors for all or
any part of this project If the specific consultants, contractors, or subcontractors have a record of poor
project performance with the Department. Further,. the Agency assures that it will grant the Department
the dght to disapprove the proposed project scope and cost of professional services.
C. Planning Projects
If this project involves planning or other aviation studies, the Agency assures that it will:
1. Project Scope: Execute the project in accordance with the approved project narrative or with
approved modifications.
2.' Reports:' Furnish the Department with such periodic project and work activity reports es required.
3. Public Information: Make such material available for examination by the public. No material
prepared under this Agreement shall be subject to copyright in the United States or any other country.
Joint Participation Agreement (JPA) Exhibit C
Page 3
4. Dis¢loaure: Grant the Department un~cted authority to publish, disclose, distribute, and
otherwise use any of the material prepared in connection with this Agreement.
6, Department Guidelines: Comply with Department airport master planning guidelines if the project
involves airport master planning or developing an airport layout plan, This includes:
a. Providing copies, in electronic and editabte format, of final project materials to the Department.
This includes computer-aided draffing (cAD) files of the airport layout plan.
b. Developing a cost-feasible financial plan, approved by the Department, to accomplish the
projects described inthe airport master plan or depictad in the airport layout plan. The oost-
feasible financial plan shall realistically assess project phasing considering availability of state
and local funding and the likelihood of federal funding under the Federal Aviation Administration's
priority system.
c. Entering all projects contained in the cost-feasible plan out to twenty years in the Joint
Automated Capital Improvement program (JACIP)database.
6. No Implied Commltmantm Understand and agree Department approval of this Project
Agreement or any planning material developed as part of this Agreement does not consfl~e or imply any
assurance or commitment on the part of the Department to approve any pending or future application for
state aviation funding.
D. Land Acquisition Projects
If this project involves land purchase, the Agency assures that it will:
t. Applicable Lam: Acquire the land interest in accord~ with the Uniform Relocation Assistance
and Real Property Acquisition POlicies Act of 1970; the National Environmental Policy of 1969; FAA Order
5100.37A; FAA Order 5050.4A.; chapters 73 and 74, F.S., when property is acquired through
condemnation; and section 286.23, F.S.
2.. Administration: Maintain direct control of project administration, including:
a. Maintaining responsibility for all contract letting and administrative procedures necessary for
the acquisition of the land interests.
b. Securing written permission from the DelSartment to execute each agreement with any third
c. Furnishing a projected schedule of events and a cash flow projection within twenty (20)
calendar days after completion of the review appraisal.
d. Establishing a project account for purchase of land interests.
e. Collecting and disbursing federal, state, and local project funds.
3. Loans: Comply with the following requirements If the funding conveyed by this Agreement is a loan
for land purchase according to Chapter 332, F.S.:
a. The Agency shall apply for a Federal Aviation Administration Airport Improvement Program
grant for the land pumhase within 60 days of eXeCuting this Agreement.
b. If federal funds am received for the land purchase, the Agency shall notify the Department by
U.S. Mail within 14 calendar days of receiving the federal funds and Is responsible for
Joint Participation Agreement (JPA) Exhibit C
Page 4
reimbursing the Department within 30 calendar days to achieve normal project federal, state,
and local funding shares as described in Chapter 332, F.S.
c. if federal funds are not received for the land purchase, the Agency shall reimburse the
Department to achieve normal project state and local funding shares as described in Chapter 332,
F.S., within 30 calendar days after the loan matures.
d. If federal funds are not received for the land purchase and the state funding share of the land
purchase is less than or equal to normal state and local funding shares as described in Chapter
332, F.S., when the loan matures, no reimbursement to the Department shall be required.
4. New Alrpo~:
a. Protect the airport end related airspace by ensuring local government adoption of an airport
zoning ordinance or amending an existing airport zoning ordinance, consistent with the provisions
of Chapter 333, F.S., prior to the completion of the project.
b. Apply for federal and state funding to construct a paved runway, associated aimraft parking
apron, and connecting texiway within one year of the date of land pumhese.
c. Complete an airport master plan within two years of land purchase.
d. Complete construction necessary for basic airport operation within ten years of land purchase.
5, AJrfleld Access: The Agency will not grant or allow easement or access that opens onto or crosses
the airport runways, taJciways, flight line, passenger facilities, or any area used for emergency equipment,
fuel, supplies, passengers, mail and freight, radar, communications, utilities, and landing systems,
including but not limited to flight operations, ground services, emergency services, terminal facilities,
maintenan .ce, repair, or storage.
6. Uae of Land:. The Agency shall use the land for aviation purposes in accordance with the ten~s of
this Agreement within ten years after the acquisition date.
7. Disposal of land: For land pumhased under an Agreement for airport noise compatibility or airport
development purposes, disposition of such land will be subj~.,-t to the retention or reservation of any
'interest or right therein necessary to ensure that such land will only be used for purposes which are
compatible with noise levels associated with operation of the airport.
E. Aviation Construction Projects
If this project involves construction, the Agency assures that It will:
1. Certifications: Provide certifications that:
a. Consultant and contractor selection comply with all applicable federal, state and local laws,
rules, .regulations, and policies.
b, All design plans and specifications comply with federal, state, and professional standards and
applicable Federal Aviation Administration advisory cimulare.
c. The proJect complies with all applicable building codes and other statutory requirements.
d. Completed construction complies with the odginal project plans and specifications.
2. Construction Inspection & Approval: Provide and maintain competent technical supervision at the
construction site throughout the project to assure that the wor~ conforms to the plans, specifications, end
Joint Psrtlcipaffon Agreement (JPA) Exhibit
Page
schedules approved by the Department for the project. The Agency assures that it will allow the
Department to inspect the work, The Department may require cost and progress reparflng.by the
Agency.
3. Pavement Preventative Maintenance: With respect to a project for the replacement'or reconstruction
of pavement at the airport, implement an effective airport pavement maintenance management program
and the Agency assures that it will use such program for the useful life of any pavement constructed,
reconstructed, or repaired with state financial assi~nce at the airport.
F. Noise Mitigation Projects
If this project involves noise mitigation, the Agency assures that it will:
1. Local Government Agreements: For alt noise compatibility prOjects that are carried out by another
unit of local government or are on property owned by a unit of local government other than the Agency,
enter into an agreement with that govemmen[ The agreement shall obligate the unit of local government
to the same terms, conditions, and assurarmes that apply to the Agency. The agreement and changes
thereto must be satisfacto~ to the Department. The Agency assures that it will take steps to enforce the
agreement if there is substantial non-compliance with the terms of the agreement.
2. Private Agreements: For noise compatibility projects to be carried out on privately owned property,
enter into an.agreement with the owner of that property to exclude future actions against the airpor'c The
Agency assures that it will take steps to enforce the agreement if there is substantial non-compliance with
the terms of the agreement.
Joint Parfiofpetion Agreement (JPA) Exhibit C
Page6
MUIT CIPAL AIRPORT
Cit~ of S~b~sti~n, Florid~
Subject: Sebastian Municipal Airport
Developmental Standards (Signage Plan)
App, F~ved for~,Sub~b~
Agenda No. ~)~. ! '7 ~)
Department Ori~ort
Dept. Hea~-~
Finance:
General Services:
Date Submitted:
For Agenda off
7/31/02
8/14/02
Exhibits: Resolution R-02-33, Sebastian Municipal Airport Signage Plan
EXPENDITURE AMOUNT BUDGETED: APPROPRIATION
REQUI~ED: $ 0 $ N/A REQUIiKED: N/A
SUMMARY
In an effort to better manage the development of Sebastian Municipal Airport (SMA),
staff recently .completed an a/rport signage plan, setting guidelines and restrictions on
future tenant signs. This will help promote an aesthetically pleasing, uniform
appearance for Corporate Park West, as well as the rest of the airport. It has been
completed with the assistance of the Growth Management Director and input from both
City and County residents.
This Signage Plan is actually part of a larger document (Sebastian Municipal Airport
Developmental Standards), which will set the standards for all future development at
the airport. Some other guidelines currently under development include architectural,
building material, landscaping, and other site improvement standards. Due to the
proposal of a new airport lease agreement (to .be presented in the coming weeks), staff
is recommending authorization of this portion of the Developmental Standm~ so that
it is integrated into the respective agreement.
RECOMMENDATION
Move to approve ResolutiOn R-02-33 formally adopting the Signage Plan of Sebastian
Municipal Airport Developmental Standards.
RESOLUTION NO. R-02-33
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE ADOPTION OF A SIGNAGE
PLAN FOR THE SEBASTIAN MUNICIPAL AIRPORT; PROVIDING FOR
CONFLICT; PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the Sebastian Municipal Airport is currently establishing
developmental standards which will be adopted at a future date;
WHEREAS, a signage plan has been developed to promote an aesthetically
pleasing, uniform appearance for the Airport; and
WHEREAS, the signage plan shall set guidelines and restrictions on future tenant
signs effective upon adoption of this resolution;
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
SEBASTIAN, as follows:
Section 1. AUTHORIZATION. The Sebastian Municipal Airport is hereby
authorized to implement a signage plan as documented by Exhibit "A' attached hereto.
~. CONFLICTS. All resolutions or parts of resolutions in conflict
herewith are hereby repealed.
~. 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
into a vote, the vote was as follows:
and, upon being put
Mayor Walter Barnes
Councilmember Joe Barczyk
Councilmember James Hill
Councilmember Edward J. MajCher, Jr.
Councilmember Ray Coniglio
The Mayor thereupon declared this Resolution duly passed and adopted this
day of August, 2002.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
Sally A.' Maio, CMC
City Clerk
By:
Mayor Walter Barnes
Approved as to form and legality for
reliance by the City of Sebastian only:
'Rich Stringer, City Attorney
Sebastian Municipal Airport
Developmental Standards
Part I: SIGNAGE PLAN
1.1 Building Signs
A.) G~neral
1.) All signage shall be designed, constructed, and located in accordance with
the following design criteria and shall be subject to the written approval of
the landlord and approved by the City of Sebastian. The criterion has been
estabhshed to govern the design, fabrication, and installation of single and
multi-tenant signage and is intended to provide all tenants with good
visual identification.
B.) Procedural Requirements
1.)
Prior to sign fabrication, Tenant shall submit, or cause to be submitted, to
Landlord for approval, one (1) set of detailed drawings indicating the
location, size, layout, fabrication and installation method, design, copy
style and color of the proposed signage including window/door lettering
and/or graphics. Drawings shall show the full fascia with architectural
features of the specific demised premise.
2.)
Tenant's sign contractor shall be a reputable sign fabricator, whose
principal business is the fabrication of similar individual reverse
illuminated channel letters, who has been in business for a minimum of
three (3) years./additionally, Tenant shall submit, or cause to be
submitted; to Landlord a Certificate of Compensation Insurance o£type
coverage and limits as approved by the Landlord in writing. Certificate of
Insurance shall name Landlord and its agents as additional insured. No
work on premise may commence without a Certificate of Insurance
delivered to the Landlord.
3.)
Tenant shall be responsible for all required permits for their signage and
the installation thereof, including, but not limited to, those by the City of
Sebastian, County of Indian River, or State of Florida. In addition to those
requirements listed herein, tenant must adhere to any municipal code
requirements that may further restrict sign size, design, or fabrication.
l~viscd 6/02
Page 1 of 6
4.)
Fabrication and installation costs shall be at the Tenant's sole expense.
Tenant shall be responsible for the maintenance and repak of its signage.
If, after fii~een (15) days notification to repair the signage, no action has
been taken by the Tenant, the Landlord will contract to repair or maintain
the signage and the cost of repair or maintenance will be invoiced plus
twenty percent (20%) for administration fees to the Tenant and will be
considered additional rent for the month it occurs.
C.) Design Requirements
1.)
All signs are to be in the form of channel letter or individually reverse
illuminated channel letter mounted with standard standoffto fascia of the
building.
2.) Box signs, audible, flashing action, or other mechanical or electronic
mimation is not permitted.
The Landlord has determined that each Tenant shall have one (1) sig~ per
elevation. The maximum square footage of signage for a Tenant is
determined by the height of the building times the length of the leased
storefront at fii~een percent (15%). Example (height of building) 15' x 26'
0eased store front) = 390 x 15% = 58.5 square feet.
4.)
The maximum height of an individual letter is twenty-four (24) inches,
Anchor/Single tenauts may be allowed larger letters and secondary copy
at the sole discretion of the Landlord and to any municipal code
requirements by the City of Sebastian, which, may further restrict size.
5.)
Signage will only be allowed centered above the leased store frontage.
Signs shall not face Roseland Road if tenant's propea'ty is adjacent to said
road.
6.)
Unless otherwise approved by the Landlord and The City of Seb~ian, in
writing, sign text shall contain the company name only. Elaboration of the
company's products or services, slogam, or other verbiage is not allowed.
7.) No exposed wiring is allowed for open face or exposed neon signage.
Exposed raceways are prohibited. Exposed neon is prohibited.
D.) Fabrication Specifications
1.) Letter Material
Revised 6/02
P~ge 2 of 6
a.) Letter material shall be a minimum of.040" aluminum returns
painted to match face and a minimum .040" faces. Letters shall
be full welded fabrication.
b.) The plastic faces shall be 3/16"# 1124-1P95 texture (black/white
sheet) with one-inch (1") trim cap. Trim cap and returns to be
painted to retch acrylic faces.
c.) All reverse channel letter's exterior surfaces must be painted
Matthews (or approved equivalent) Dark Bronze (41-313). In
addition, Tenant must;
i.) Prepare all surfaces to receive paint by chemically
cleaning
ii.) Prime all surfaces to receive paint with one coat of
primer
iii.) Use only enamel paint with sprayed application in
semi-gloss finish with minimum of two (2) coats
d.) The reverse channel letter's interior sidewalls shall be painted
white.
e.) The front on the signage shall be Helvetica or block style unless
Tenant has a registered corporate font in which case, Tenant
must rece/ve Landlord and City of Sebastian approval. No other
alternatives or substitutions shall be allowed.
2.) Illumination
a.) All illuminated signs must be a steady glow. No flashing,
blinking, or strobe signs are p~,.,itted.
b.) Electrical components ~ be UL approved, inspected and
appropriately tagged prior to installation.
3.) Transformers
a.) Transformers shall be 30 milliamp
b.) Transformer and sheet metal enclosures shall be UL rated and
installed behind the fascia above the soffit as shown in the
attached drawing.
E.) Anchor/Single Tenants will be allowed to use their registered corporate logo
and/or colors
F.) Installation
1.) All installation components such as, but not limited to, fasteners, clips,
bolts, etc., shall be of non-corrosive, stainless steel, aluminum, brass,
bronze or carbon bearing steel with painted finish. No black iron material
of any type shall be permitted.
Revi~ed 6/02 Page 3 of 6
2.)
All penetrations of the fascia shall be nearly sealed in watertight manner
using a single component polyurethane sealant as approved by Landlord.
Tenant is responsible for fascia penetrations and damage that may result,
including but not limited to, water damage.
3.) Location of all penetrations of the, building fascia for conduit, sleeves, etc.
shall be shown on the approved detailed drawing submitted by the Tenant.
4.) No exposed labels are permitted on the signage that is visible from the
ground, except as required by local ordinance.
5.) All fasteners for the sign installation shall be concealed. The Landlord in
writing shall approve the method of installation to the building fascia.
6.)
Installation shall comply with ail local codes and ordinances. A licensed
electrician shall perform all electrical work. Signage shall have an
individual circuit and be controlled by a time clock.
7.) Primary electricity to the signage is the Tenant's responsibility.
G.) insurance Requirements
1.) All sign contractors installing si~ at Sebastian Municipal Airport shall
be required to have a current insurance policy in force with limits of no
less than one million dollars ($1,000,000.00) for Commercial Liability and
Workers Compensation and Employer's Liability in Compliance with
applicable legal requirements of the State of Florida
1.2 Property Signs
A.) General
1.) All signage shall be designed, constructed and located in accordance with
the following design criteria and shall be subject to the written approval of
the landlord and approved by the City of Sebastian. The criteria have been
established to govern the design, fabrication and installation of the tenant
signage and are intended to provide all tenants with good visual
identification.
B.) Procedural Requirements
Revised 6/02
Page 4 of 6
1.)
2.)
3.)
4.)
C.) Design
1.)
2.)
3.)
Prior to sign fabrication, Tenant shall submit, or cause to be submitted, to
Landlord for approval, one (1) set of detailed drawings indicating the
location, size, layout, fabrication and installation method, design, copy
style and color of the proposed signage including window/door lettering
and/or graphics. Drawings shall show the full fascia with architectural
features of the sp. eeifie demised premise.
Tenant's sign contractor shall be a reputable sign fabricator, whose
principal business is the fabrication of similar individual reverse
illuminated channel letters, who has been in business for a minimum of
three (3) years. Additionally, Tenant shall submit, or cause to be
submitted; to Landlord a Cextificate of Compensation Insurance of type
coverage and limits as approved by the Landlord in writing. Certificate of
Insurance shall name Landlord and its agents as additional insured. No
work on premise may commence without a Certificate of insurance
delivered to the Landlord.
Tenant shall be responsible for all required permits for their signage and
the installation thereof; including, but not Jimlted to, those by the City of
Sebastian, County of indian River, or State of Florida. In addition to those
requirements listed herein, tenant must adhere to any municipal code
requirements that may further restrict sign size, design or fabrication.
Fabrication and installation costs ~nll be at the Tenant's sole expense.
Truant shall be responsible for the maintenance and repair of its signage.
If, alter fifteen (15) days notification to repair the signage, no action has
been taken by the Tenant, the Landlord will contract to repair or maintain
the signage and the cost of repair or maintenance will be invoiced plus
(20%) to the Tenant as additional rent.
All property signs are to be in the form of wood carved signs .or an
approved equivalent.
The Landlord has determined that each Tenant shall have one (1) sign per
leased property.
Each sign will be located on the edge of the property line, in the middle of
the property perpendicular to the street. Comer lots may angle the sign,age
at the comer of the property to face both streets, per written approval of
the Landlord. Signs will not be p=~c, fitted on Roseland Road.
Revised 6/02
Page 5 of 6
4.) Each property sign must be eight (8) feet in length by four (4) feet in
height.
D.) Fabrication Requirements
1.) Approved colors:
a.) All signage will be painted in approved muted earth tones, Charts
of permissible colors are available in the Growth Management
Department.
2.) Display Requirements:
a.) All signage will only display complex, anchor, or single Tenant
name and/or logo. Multiple Tenant listings on property, sign are
prohibited.
E.) Illumination
1.) All signage shall be externally 1it f~om the ground with low-intensity,
directional light fixtures.
F.) Installation
1.) Signage will be placed on a two (2) foot high base whereas total sign
height cannot exceed six (6) feet above ground level.
Revised 6/02
Page 6 of 6
Resolution No. R-02-34 Records
Subject
Management Policies and Procedures
Manual
Exhibits: R.02-34, Manual Under Se rotate Cover
Expenditure Required: Amount Budgeted:
City of Sebastian
1225 Main Street.
Sebastian, Florida 32958
Agenda No. O,~,o/'7[
Department Origin: City Clerk~.:~
IDate Submitted: 8/1/02
For Agenda of: 8/14/0~
-
Appr°priation Required:
SUMMARY STATEMENT
The City Clerks' Office established a goal to develop a Records Management Policies and
Procedures Manual by the end of fiscal year 2002; and it is presented for approval by the City
Council. We sent the manual to Roxanne Dunn, Department of State, Bureau of Archives and
Records Management, for her review and recommendation. She offered some minor
suggestions and they have been incorporated.
Although fairly general in nature, it tracks Florida retention schedules and records' law; but also
establishes City administrative procedures to achieve conformance with those laws. It offers
rules to follow, much the same as the City's travel and purchasing manuals provide, which will
hopefully alleviate any uncertainty City personnel might have about the process.
The Manual will be updated as we expand our digital imaging system to make it available to all
departments, as State laws are amended, and as we become more proficient in records
management.
RECOMMENDED ACTION
Move to adopt Resolution No. R-02-34 approving the City of Sebastian Records Manual
PoliCies and Procedures Manual as the City's records' policy.
RESOLUTION NO. R-02-34
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA ADOPTING THE "RECORDS MANAGEMENT POI. JCtES AND
PROCEDURES MANUAL" DATED AUGUST 14, 2002, AS THE CITY'S
RECORDS' MANAGEMENT POLICY; PROViDING FOR FUTUREAMENDMENTS
BY THE CITY CLERK iN ACCORDANCE WITH UPDATED ADMINISTRATIVE
PRACTICES AND STATE LAW REVISIONS; PROViDiNG FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Clerk, designated by ordinance of the City Council as the City of
Sebastian Records Management Liaison Officer, has presented the 'City of Sebastian Records
Management Policies and Procedures Manual' dated August 1'4, 2002 for adoption by the City
Council; and
WHEREAS, since the City Clerk has no administrative authority over city personnel other
than personnel in the City Clerks Office and the policy requires involvement of other city personnel,
the City Clerk is requesting City Council approval of the aforementioned manual as the City's
official policy on City records management.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORiDA as follows:
~. The 'City of Sebastian Records Management Policies and Procedures
Manual"dated August 14, 2002, as attached hereto as Exhibit 'A' and as amended from time to
time, is hereby adopted as the City of Sebastian's official policy statement on City records
management.
Section 2. The City Clerk is authorized to amend the manual from time to time based
on updated administrative practices and state law revisions. Revised pages will reflect the revision
dates.
,~ection 3.
hereby repealed.
Section 4.
its adoption.
The
foregoing
REPEAL. All Resolutions or parts of Resolutions in conflict herewith are
EFFECTIVE DATE. This Resolution shall take effective immediately upon
Resolution was moved for adoption
The motion was seconded by Councilmember
and, upon being put to a vote, the vote was as follows:
Mayor Walter Barnes
Councilmember Joe Barczyk
Councilmember James Hill
Councilmember Edward J. Majcher, Jr.
Councilmernber Ray Coniglio
by coUncilmember
The Mayor thereupon declared this Resolution duly passed and adopted this _ .
day of .. ,2002.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
Waiter W. Bames, Mayor
Sally A. Maio, CMC
City Clerk
Approved as to Form and Content for
Reliance by the City of Sebastian Only:
Rich Stringer
City Attorney
2
HOME OF PELICAN ISLAND
Subjec~ Florida Recreation
Depar~ent Assistance Program
err rant/Resolution No. R-02-35
en~l~oore - -
Agenda No. 2. / ?,2.
Departm~t Origin:
Da~e Submi~d: 08-08-02
For Agenda of: 08-14-02
Exhibits: PropOsed Resolution R-0fl-35
EXPENDITURE REQUIRED:
N/A
JAMOUNT BUDGETED:
N/A
JAPPROPRIATION REQUIRED:
N/A
As the City of Sebastian continues to enhance its outdoor recreation sites and facilities,
the proposed Resolution No. R-02-35 authorizes the City Manager to apply for a
Florida Recreation Development Assistance Program Crrant from the State of Florida
Department of Environmental Protection_ Funding for program year 2002/2004 would
help finance active and passive park improvements to rec .ently acquired 9+ acre parcel
behind City Hall.
RECO~~,D ACTION
Move to authorize the City Manager to apply for a Florida Recreation Development
Assistance Program Grant from the State of Florida Department of Environmental
Protection for the enhancement of outdoor recreation sites and facilities.
RESOLUTION NO. R-02-35
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLOR]])A, AUTHORIZING THF~ CITY MANAGER TO
APPLY FOR A FLORIDA RECREATION DEVELOPMENT
ASSISTANCE PROGRAM GRANT; PROVIDING FOR
CONFLICT; PROVIDING FOR EFFECTIVE DATE.
WHERF. AS, the FLORIDA RECREATION DEVELOPMENT ASSISTANCE
PROGRAM assist municipalities in the provision of outdoor recreation sites and facih'ties;
and
WHEI~F~AS, the City of Sebastian has benefited from such a program in the past
and will further benefit from participation in the same;
WHEREAS, the Mayor and City Council of the City of Sebastian wish to
authorize the City Manager to apply for a Florida Recreation Development Assistance
Program grant from the State of Florida Department of Environmental Protection.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CTFY OF SEBASTIAN, as follows:
~ AUTHORIZATION. The Mayor and City Council of the
City of Sebastian hereby authorize the City Manager to apply for a Florida Recreation
Development Assistance Program grant from the State of Florida Department of
Environmental Protection.
~ The City Manager's Office of the City of Sebastian is hereby
directed to send copies of this Resolution to the State of Florida Department of
Environmental Protection and to take all necessary steps in order to obtain said grant,
including executing the application and any other required documents.
Section 3~.
conflict herewith are hereby repealed.
,,S,,ection 4. EFFECTIVE DATE.
immediately upon its adoption.
· A motion to adopt the foregoing Resolution was made by Collllcilm~er
. The motion was seconded by Counc~lmetnber
and, upon being put to a vote, the vote was as follows:
CONFLICTS. All resolutions or parts of resolutions in
This resOlution ~h~]l take effect
Mayor Walter Barnes
Vice Mayor James A. Hill
Cotmciimember Joseph Barczyk
Coune~Imember Raymond O. Coniglio
Councilmember Edward J. Majcher, Jr.
day of
The Mayor thereupon declared this Resolution duly passed and adopted this
,2002.
CITY OF SEBASTIAN, FLORH)A
ATTEST:
By:
Walter Barnes, Mayor
Sally A. Maio, CMC
City Clerk
APPROVED TO FORM AND
LEGALITY
Rich Stringer, City Attorney
City ,of, Sebastian Florida
Subject: Final Plat for Sandridge Estates
Subdivision.
~f~ .Pr°Ye ors ' y:
Exhibits: Final Plat.
EXPENDITUKB
RBQUiRBD:
None
Agenda No.
Department Origin~ i~a-gwth Management
Tracy E. Hass
I
Date ~ubmitt~.: August 7, 2002
_. IFor Agenda of.' Au~......t 14, 2002
IAMOUNT BUDGETED:
None
APPROPRIATION
RBQUIRBD: None
SUMMARY
Mr. John King has filed for final plat approval for Sandridge Estates Subdivision. Said subdivision is
located at the comer of South Easy Street and Schumaun Drive, and ev~tually will contain 24 individual
townhouses, together with associated parking, water and sewer service, drainage, and landscaping. AcceSs
to each unit will be accomplished via driveway connections to South Easy Street. Proposed wat~ service
will be accomplished, via connection to an existing Indian River County Utilities water main, and.wastewater
service will be provided by connection to the existing Indian River County Utilities sewer system.
Stonnwater runoff for the proposed development will be muted to a retention area located along the rear
property line and directly fled in .with the existing City of Sebastian drainage ditch, Additionally, all
engineering, and surveying details, in refenmce to subdivision plats, have been satisfied in accordance with
Florida Statutes.
RECOlVl]VIENDED ACTION
Move to approve the Sandridge Estates Final Plat.
City of Sebast n, Florida
Subject: Bid award for Annual Materials
Contract
08/2/02
08/14/02
Exhibits: Bid Tabulation
EXPENDITURE AMOUNT BUDGETED: APPROPRIATION
REQUIRED: N/A REQUIRED: NONE
In accordance with the City's Purc~ Ordimmce, sealed bids were solicited for sand, coquina
shell base material, g~neral ~11~ ~ road stabilization mater/a], more commonly known as our
Anmml lVia~ria]s Contract.
Henry Fischer and Sons sulxnitted the lowest bid for sand, and Blacldrawk Quarry submitted the
lowest bid for coquina shell, general fill, and road stabilization material
As staff has had good business rehtionships w/th both firms in the past, and they are the current
providers of these materials, staffrecommends contract award to both firms respec/ively. ·
RECOMMENDATION
Move to award the AnnUal Materials Contract to Fischer and Son for Sand at $4.72 per C.Y. and
to Blackhawk Quarry for Coquina Shell Base Material at $7.05 per ton, Genesal Fill at $2.85 per
C.Y., and Road S~n Material at $2.85 per C.Y. on an as needed basis.
BiD TABULATION FORM
ANNUAL CONTRACT FiLL and BASE MATERIALS
BID OPENING: JULY 31
.... D~.~CRIPTION U O M Quantity BLACKHAWK QUARRY HENRY ~CHBR & SONS
Unit Price ITEM TOTAL Unit Price ITEM TOTAL
Coquina shell base material Ton 1500 $7.05 $10,575.00 N.B. N.B.
General fill C.Y. 200 $2.85 $570.00 $3.89 $778.00
Road stabilization material C.Y. 200 ~ $570.00 N.B. N.B.
Sand C.Y. 600 $13.80 $8,280.00 $4.72 $2,832.00
I SPLIT AWARD ....... I I ,$!,i ,'715.00,,'I I $~),832.001
Purcha~dng
BID TABUL~TION,.,,FORM
ANNUAL CONTRACT FILL and BASE MATERIALS
BID OPENING' JULY 31
'bEECRIPTI6N i'[J O M Quantity bLACKI:iAwK QUARRY HENRY Fi~'CHER & SbN5
............... UnitPrice ITEM TOTAL Unit Price ITEM TOTAL
Coquina shell base material Ton 1500 $705 $10,575.00 N.B, N.B.
General fill C.Y. 200 ~' $570.00 $3,89 $778.00
Road stabilization material C.Y. 200 $2..85 ~ N.B. N,B.
Sand C.Y. 600 $13.80 $8,280.00 $4.72 $2,832,00
i' ......SPLIT AWARD .... I [ $11,7~ i ' $2':8'32.00l
Purchasing
City of Sebast n, .Florida
Subject: Contract Termination and new
award for Aquatic Weed Control
Approved for Submittal by:
A enda 0£, 175
Finance. ~ 'b~.ag/~--
Date Submi~ed: 08~/02
For Agenda of:
08/14/02
Exhibits: Bid Proposal, Letter of Intent from Applied Aquatic, Letter ,of Suspension
EXPENDITURE AMOUNT BUDGETED: I APPROPRIATiO~,~~~
REQUIRED: $23,650 $22,450 REQUIRED:
One June 6, 2001, a contract was awarded to Aquagcnix for Aquatic weed control in the City of
Sebastian. For the past six months or so, service by this company has been somewhat lax and
several residents have voiced Complaints. Also, the technician did not come every week as
rexluired and the co,any made no effort to replace him with someone else in his nbseace. The
Public Works Department discussed these complaints with Aquagenix's and also had a sit down
meeting with thom where th~ agreed to do better. The City has seen no improvement in semrice
therefore, the City Manager's office in conjunction with the General Services Division has
suspended the aquatic weed control spraying by Aquagenix, Inc. due to poor performance.
At this time, the City Manager, General Sexvices Administrator, and Public Works Department
Roads and Drainage division would like to recommend that the contract with Aquagenix be
formally terminated, as provided for in the existing contract, and a new conmtct be awarded to
Applied Aquatic Manage. Applied Aquatic has sm'viced the City previously for aquatic weed
control and is currently under contract for items 2 and 3 on the bid proposal form. The City has
never been ctissatisfied with their work. A letter of ngreemcmt from Applied Aquatics is attached
whereby t~y have agreed to honor the original bid price from one year ago and can begin
spraying the canals as soon as a notice to proceed is awarded. The monthly cost difference will
be $480 per month more.
R C0MMENDA ON
Move to terminate the existing annual contract for aquatic weed control with Aq-~genix ns
provided for in the existing contract, and award the contract to Applied Aquatic Manage~ at a
price of~$2150 per month and appropriate the funds.
MANAQ~MENT~ ]N~
August $, 2002
Mr. Jesus M. Vieiro
City of Sebutima
! 225 Mare St.
Sebastian, FL 32958
P~: Aquatic Weed Control bid
Dear Mr. Vieiro:
Please accept this letter u our acceptance to the amendmcnt of the CmT~t contract for
Aquatic We. cd Control Services item numbers 001 and 004 dated April 23, 2001, We
agree to take over the contre~t effective immediately until the contract ending date, ~Iuu=
6, 2004. All pr~ce~ and service~ for Item no. 001 ~x~d Item no. 004 shall stay the same.
Please contact our office if you.have any questions or concerns.
W~ look forward to being ofseevice.
Sincerely,
Wade L. Pharis
Vice President
WLP:bb
Aqua~ rvic'e~
TELECOPIER COVER SI~EET
PLEASE DELIVER i/~4~DiATELY
To;
Fax:
Date:
From:
Jesus Vieiro - City of Sebastima
772-551-0149
8/6/02
Beth Bicker
Fax # (863) 534-3322
Office #(863) 533-8882 or 1-800-408-8882
Subject:
Comment:
questions.
Aquatic Weed Contract
Please contact ou~ office if you have any
Number of pages including
cover: 2
If you have any problems receiving the teleeopy, or do not receive
the indicated number of pages, please call (863) 533-8882 or
1-800-408-8882.
Thank You
;0. Box ?489 , Eagle Lake, Florida 33839 . (Bt~9) 533-8882 · 1.~00-408-8882
CITY OF S]~ASTIA~- BID
Aqum/~ Weed Con=ol
COPY
AQUATIC W]EED CO1¢I~OL
Bid l~mposa115~ 1 of 2
OFFICE OF GENERAL SERVICES ADMINISTRATOR/
ASSISTANT TO CiTY MANAGER
1225 MA~ gT~%~T, SEBASTIR~, FLORIDA 32958
~EL~PHON~ (772) ~88~8241_ ~ (772} 581-0149
NOTICE OF SUSPENSION
August 2, 2002
Mr. Paul D. DeAngelo, president
Aquagenix/De~ngel° Brothers. ~nc.
1374 N. Killian Drive A & B
Lake Park, Florida 33403
Re: Aquatic weed control Service Agreement
dated june 7, 2001.
Dear Mr. DeAngelo:
The City of sebastian (CitY) hereby advises that the City is
exercising its right, pursuant to the .above referenced
Agreement, to demand that you in~nediatelY suspend all work under
said Agreement until further notice.
By. order of the City Manager.
SincerelY,
City of Sebastian
~aUl .Wagner =A'~istant to City Manager
Sent by: Certified Mail, &'Fax.
cc: Terrence Moore, City Manager; Rich stringer, City Attorney;
'Terry Hill, Public Works Director; David Fisher, City
Engineer
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
Subject: Fiber Optic Installation to Municipal
Golf Couree and Indian River County Fiber
Network.
Agenda No. (~.Z. ! '7 ~
Department OriginJ~--~
Date Submitted: 8/8/02
For Agenda of: 8/14/02
Exhibits: Spreadsheet of competing bids
Expenditure Required: Amount Budgeted: Appropriation Required:
$32,076.52 $44,184.69
,,SUMMARY STATEM_EN.T
In conjunction with the new citywide telephone system project approved via resolution number
R-02-28 is to connect the Municipal Golf Course with fiber optic cable. The purpose of which is
to replace 4 or more of the analog telephone lines .currently installed, grouping them into the
citywide phone service. Additionally the contractor (Fishel Company) has bid on the installation
of approximately 1,500 additional feet of fiber which will be used to connect the city's fiber optic
network to indian River County's system. The futUre use of this connection has yet to be
determined, but it is proposed that it will be used to access data from the Sheriff's office,
Property Appraiser, and States Attorney. It has also been determined that there will be an
approximately $2,500 savings from the bid amount for the materials involved in the project if the
City purchases the material directly from the supplier and provide to the contractor for
installation, items C & D on the bid tabulation form will not be performed.
RECOMM ,E,,,~DED ACTION
Move to approve Fishels Company's bid to install fiber optic cable from City Hall to the
Municipal Golf Course, and from City Hall to Indian River County in the amount of $19,453.52
(Total bid award $28,573.52 less materials to be purchased by the city for $9,120.00 net award
amount $19,453.52.)
Move to authorize purchase of fiber optic cable from Graybar in the amount of $9,120.00.
Further move to conditionally approve Fishel Company's secondary bid for fiber splicing and
interior installation in the amount of $3,503.00
Subject Contract with MelOdy Music - City
Council Chambers Sound System Upgrade
Approved for Submittal by:
Exhibits: Melody Music Proposal
Expenditure Required:
$4,155.00
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
Agenda No. ~ ~"'o'"'"/"'7 '7
City Clerk _.~
General ,~ces~
Finance ~
Date Submitted: ~
For Agenda of: ~
/
Amount Budgeted: Appropriation Required:
SUMMARy,, STATI~M,ENT
At the July 31, 2002 workshop it was apparent that there are existing problems with the City's sound system.
DiscussiOn with Mayor Barnes after the meeting prompted discussion between the City Manager, General
Services Administrator and myself the next day regarding solutions to the problems. I contacted Vero Beach
and Indian River Shores to find out who they use locally and was informed that Melody Music, Vero Beach,
had recently been awarded the purchase and installation of the Shores' new CoUncil Chambers sound system
and that they were quite happy with the results.
The City Manager suggested I Contact Melody Music, and one of their representatives spent two hours with
the Deputy City Clerk and i on Monday, August 5~. He advised that the equipment was fine but that the
process of trying to provide sound to the audience in the Chambers and over a live broadcast was causing
us problems. He expressed concern with the mess of wires in the existing cabinet and offered suggestions
to fix existing problems. A quota was submitted and is attached to this backup.
In accordance with Section 2-91 of the Code of Ordinances, three wri~n proposals are required for purchase
of materials, equipment and supplies between $2,001.00 and $5,000.00.
The recommendation to use Melody Music is based on the fact that they were awarded the Indian River
Shores contract, and are the best.option available to correct the aforementioned problems as soon as
possible, and in fact, informed us they provide services to other local sound companies when needed.
*The Finance Department has provided a budget amendment within the City Council budget to accommodate
the service.
· RECOMMEND. ED ACTION
Move to waive requirement for three proposals and approve the Melody Music proposal in the amount of
$4,155.00 to remedy the City Council Chambers sound problems.
m~-vu! MUSIC
466 MIRACLE MILE PLAZA
VERO BEACH, FL 32960
561-~67-6200
<<Quote>>
Ship tO: SEBASTIAN CITY COUNCIL
SEBAS'RAN, FL 32958-
A'Cr'N: S. MAIO
~04752
To: SEB.~"TIAN CITY COUNCIL
ATTN: S. UNO
1.o0 1888.00
o ~...m
TAX2 O.gO
T~,~ ~..,~:
~0.~
TOTAL:
~nmm~:
Balance Due: 4,166.00
City of Sebastian
Subject: City Clerk Travel Request
Exhibits Conference Information
Expenditure Required:
Training: $140.00
Travel: 1 night hotel ($89),
mileage and food
~g..d..o. "'0'2,/~ $ ....
Department Origin: City clerk
Date Submitted: 8/6/2002
For Agenda of:
Amount Budgeted:
Training:$ 996.00 remaining
Travel: $770.00 .remaining
8/14/2002
Appropriation Raqulmd:
SUMMARY STAT..JEMENT
In accordance with Section 2-77 of the Code of Ordinances, Charter Officers are required to obtain Prior
approval for travel for which they wish to be reimbursed.
I am planning to attend the FACC Municipal Clerks Certification Institute which.is being held in Palm
Beach, Flodda on October 6-11, 2002. I will only be staying over one night on Thursday, October 10,2002
since my programs run from Wednesday through Friday.
RECOMMENDI~D ACTION
Approve City Clark travel as requested.
~ OF
HOME OF PELICAN ISLAND
1225 MAIN STREET., SEBASTIAN, FLORIDA 32958
TELEPHONE: (772) 589-5330 ,, FAX (772) 589-5570
City of Sebastian, Plorid~
Subject: Florida City County
Management Association
S.u City Manager
Teac[ace R. ~l/oore
Exhibits:
REQUIRED.'
Agenda No. 432.
Department Origin: City Manager
Date Submitted:
For Agenda off
08/9/02
08/14/02
AMOUNT BUDGETED:
APPROPRIATION
REQUIRED:
The Florida City and County Management Association will be hosting two (2)
overnight Board of Director Meetings. next year. One meeting is scheduled to be held
in Gainesville, FL on Februar)r 5, 2003 .and the other in Palm Beach Gardem, FL, on
March 21, 2003.
RECO~NDED ACTION
Move to authorize the overnight travel for the City Manager to attend the Florida City
and County Management Association Board of Director Meetings, scheduled to take
place on February 5, 2003 in Oainesville, FL and on March 21, 2003, in Palm Beach
Gardens, FL.
'An Equal Opportunity Employer"
Celebrating Our 75th Anniversary
Schedule of PY2002/2003 Meetings
May 25, 2002 - Saturday- Sarasota: 10:15 a.m. - 12 noon - Board orientation- Box~
Bo~d ~ on W~es~y ~,-g ~ a 1~ msta~t ~c. ~ ~. .
D~ember 6, 20~- F~dny- Des~-12 noon- ,.00 L~c~ce l~ch at rcso~ .d
***N~ W ~s ~d a~ve no 2 ~ m~g.(S~t. Oct. Nov) ~d ~ve
Nominating Commi~ee for 2003 ~roved at this meeting.
February 5, 2003 -Wednesday - at location of Winter Iastitut~'(~'~g'emqBe) _ 1:00~
p.m. - 5:00 p.m. No lunch
Dinner at local restaurant
March 21, 20~ - Friday - at location of 20~4 conference - PGA Nafions~ Pahn~V'
Beach Gardens- 8:;;0 a.m. - 1:00 p.m
Board dinner. Thu~day night
May 14, 2003 - Wednesday ~- during annual conference at Adam's Mark, Daytona
Beach
City of Sebastian, Florida
Subject: PARK EVENT APPROVAL
CITY
MANAGE~~~~-/'
Agenda No. OZo t 7F
Exhibits: KEEP INDIAN RIVER BEAUTIFUL LETTER
EXPENDITURE I BUDGET AVAILABLE:
REQUIRED: N/AI N/A
Department ·
Dept. Head: O~~K~
Finance: /
Procurement: / ..........
For Agenda. on 08/14/02
APPROPRIATION
REQUIRED: N/A
SUMMARY
Lisa Zahner, Executive Director of Keep Indian River Beautiful
would like your approval for their third annual Craft Festival.
The Festival will take place at Riverview Park on September 14 &'
15, .2002. American Craft Endeavors will be working with KIRB to
put on the event.
RECOMMENDED ACT.~.ON
Move to approve Keep Indian River Beautiful Craft Festival at
Riverview Park on September 14 & 15, 2002 from 10AM unti § PM.
'~.ub ~e, 20o2
.... 07'22, I wgi ~ th~ u~'~br ~he lark ~ ~lh~ a~l ~hlXa~t aa mo~ as i I~a"~'om '
City of Sebastian, Florida
Subject]:ARK EVENT APPROVAL
CITY MANA
Exhibits:
Agenda No.
Department Origins; PARKS ~ ~-
Dept. Head: ~j~.
Finance: rl
Procurement:
For Agenda on 08/14,/,,.0,2,,
LETTER FROM DOMESTIC VIOLENCE COALITION OF I.R.C.
EXPENDITURE
REQUIRED: N/A
BUDGET AVAILABLE:
N/A
APPROPRIATION
REQUIRED: N/A
S U M MA~.y.
Justine Stien of the Domestic Violence Coal,ition of I'.RTC.
would like your approval for a Family Fun Day to be held
at Riverview Park. This event will be held on October 12,
2002 from 8 AM to 4 PM. Details for tl%e. 9Tent are in the
attached letter from Ms. Stien,.
RECOMMENDED ACTION
Move to approve Domestic Violence Coalition of I.R.C.
Family Fun Day at Rivervlew Park on October 12, 2002
f~om 8 AM until 4 PM.
Domestic Violence ~:oalltion of Indian River County
?-001 9.a Avenue, Suite 301
vero Beach, FL 32960
csel) seg.g?~e ~ax: (se~) seg-zos~
~u~'zy Selnmn
GFWC Sebastian Woman's Club
Ju~y Deqsan
IRC She. flf~s Office
Joan
VIi/I~CJC~tlon
Homeles6 Assisl~nce Center
De Rl~l~lr~k
GFWC Sebastian Woman's Club
H~f rtfftt~ ~ Hlll
Stage A~tDnmy's Offlca
Ilivian C)~tms
~me$ A..RoMson, Psy. O
IRC ~choDI DiStrict/
Debbl 5ln~ez
Guatrdiml Ad Litem
Kat)~ Shkin
~ Hl~l~h AssoCl&tlon
Justine 5tien
Rmt. CarM Trix
The Comm~niW Church
Glori~ ~
July 2, 2002
Mr. Chris Mc Carthy
Parks Department
City Of Sebastian
1225 Main Street
Sebastian, F1 32958
[~ear Chris:
Az p~r your rcquest I am fmSn~ you th~ follow/ng' information regarding th~ Dornesti~
Violcnc~ Coalition of Indian River County's 3ni annual "Family Fun Day in the Park".
We are a mn-profit coalitior. "Dmtleam/M the Prevention of Domestic. V'wlmce' that
was established 4 years ago. Our goat is to educat~ th~ uommunity on th~ various typ~s
of servioe~ available in our county for those individuals ia abusiw situations and
relationships,
Our first two annual eventt~ were l~ld in Veto Beaoh at Riverview Park and were
axt=ad~ by 1,000 and 1,200 community residents. In an effort to ensure that the entire
~ounty is aware of this problem and what is available w~ have s~he, duled this cvcnt in
thc northc, m county ~ year. We are scheduled in the books, ~ Ann, on Saturday,
October I2, 2002, October j ~ National Domestic Violence Awareness. Month,
1. This is a 4 hour e~ent soheduled ii'om 10:00 a.m. - 2:00 p.m.
2. Set up should start by 8:00 a.m. and we arc $cmorally .broken do,om by 3:30
p.m.
~. We will need electricity, water and it stage
4. Ti:icrc is live cn'~i.'tainn~nt during tl~ 4 hour period
f. We obtain om o~n event insurance
6. We also will m~,d a dumps~r I bellev~
?. I will also need some type of map or,he park ama so that I can position all
the partJcipa~s- last year wc had 43 countywide ozganizat~ involved and
! suspeot the numtx~r will be about the sarr~ this year.
I'm sure that we will need to
will'be out of town from Jul;,
bimk in town.
get together to discuss all the .particulars, un~nuna~ly I
7' to the first week in August. I will call you' when I get
You c. an fax any informa~io~u~ to rr~ at 589-4077 and if you n~d to geak with me
b~fore I mtura plea~ call my cell phone number - 5~9-7547 and leave a ngs.nago and ~'11
g~t baok with you.
Thanks ia advan~ tbr you help tn ba'insi:~ this event to tl~ north county area.
ginoe, mly,
Ju~tin~ A, Stierg Chairman
Doagstic Violone.~ Coalition
Oflnditm River County
1086 Phelps
Sebastian, F1 32958
589-1470
City of Sebastian
Subject: Use of Community Center
Appp~ved for Subm~teP"l:~: City Manager
Exhlblte Application
Expenditure Required:
Agenda "0. (~ Z, i ~ (~
Department Origin: City Clerk
Date Submitted:
8/5/2002
For Agenda of:
8/14/2002
Amount Budgeted:
Appropriation Required:
SUMMARY STATEMENT
The City has received a request to rant the Community Center on August 24, 2002 from 6:00 P.M. to
10:00 P.M. for a surprise birthday party~
The applicant is also requesting permission to serve alcohol at the event. The security deposit has been
received and proof of age is to be verified.
.RECOMMENDED ACTION
Consider the request and act accordingly.
DATE:
NAME OF PERMITTEE: ~
CITY OF SEBAS/NAM
RENTAL PERMIT APPLICATION
~CO~ CEWI~R
YACHT CLUB
A~m~SS O~ P~~: ./~Z Y.~;,- ~. ~.-.~:,~.~ ...
No. Street C~
PHONE #~'~%
NAME OF GROUP OR OR. GANIZATION:
ASON FOR ·
ANTiC~ATED NUMBER OF PERSONS ATTENDING EVENT:
if more ~an 72 attendee~ extra., duty police ofli~,r serVices are ~quired (~-01-13)
REQUESTEDDAT~: ~/~-~'/~9 Z TIM~:~~To:
f -
/D [ Oifi~ Use Oaly
' Non-l~sidmt.
PLEASE ANSWER YES OR NO:
1..Are You a P,~ident of Sebastiim?
2. Will There Be A~ Aa~sion or Door Charge?
3. Will Alcoholic Beverages B~ Sm-red?
Total ................ $
Tax ..................
(a) If answer to #3 is Yes, P~rmitme's proof of ag~:
Make oheoks payable to City of Sebastian (A service fee of 5% or $10.00,
whiah~wr is ~re. at~, may be ah~tged for a dishonored ~heck l~r City
l~solution No. P,-9~-41..) .............
P. O. Services
Total ............... $
SECURITY D~PO~fi' ..............
RENT .............................
?~TAX ................
POLICE OFFICER SERVICES
$Z50.00
OFFICE USE ONLY
DAT~ PAID
~'/,fl~z-
RECEIPT NO,
Alcohol
[] APPKOVED [] DISAPPP~OVED
Police Department A~reem~ut Co~fiun~l (if ~ppliCable) .......
I~y Plak'up Date: K~ ~stm~d Date:
S~cu~ity Deposit Kemmed By City Checl~
For $ ..... On:
TO ~ OF S~.~,$~ COYl,~J'~qr~ CENTf~ 0~, YACET C:LD'~:.
depot.
/ ,'Date
City of Sebastian, Florida
Subject: Waiver of Fees to use
Yacht Club .for Meetings
CITY
MANAG~~-'~"
Agenda No. ~2.,/~q ...
Department Origin: PARKS ~,-t-,-
Dept. Head: .
Finance:
Procurement:
For Agenda on ,.August...14, 2002
Exhibits: Schedule and information for Power Squadron
EXPENDITURE
REQUIRED: N/A
BUDGET AVAILABLE:
N/A
APPROPRIATION
REQUIRED: N/A
SUMMARY
The United' States Power Squadron District 8 Inc. would like
to use the Yacht Club for their meetings. They are asking
Council for their approval to Waive the fees for use of the
Yacht Club for their meetings. They would be meeting on
Mondays from'7PM until 10 PM, Wednesdays from 8 PM until 10
PM and certain Saturdays and Sundays from 9 AM onwards. The
attached letter contains information on the Power Squadron
and a schedule of meeting dates.
RECOMMENDED ACTION
Move to waive fees for United States Power Squadron District 8
to use Yacht Club for meetings on the following dates:
Sept. 28&29, 2002 9 AM onwards, Sept. 23, 2002 8 PM to 10 PM,
Nov. 20, 2002 8PM to 10PM, Dec. 7 & 8,2002 9AM onwards, Dec 18,
2002 8PM to 10PM, Jan. 6,13 &27, 2003 7PM to 10PM, Jan. 22,2003
8PM to 10PM, Feb. I & 2, 2003 9AM onwards, Feb. 3,10 & 24, 2003
7PM to 10PM, Feb. 19, 2003 8PM to 10 PM, Mar. 3,10,24 &31, 2003
'7PM to 10PM, Mar. 19, 2003 8PM to 10 PM. Continued on next page.
~ OF
HOME OF PELICAN ISLAND
1225 MAIN STREET · SEBASTIAN, FLORIDA 32958
TELEPHONE: (561) 589-5330 · FAX (561) 589~5570
Waive fee for Power Squadron on following dates continued:
Mondays 7PM to 10PM
Wednesdays 8PM to IOPM
April 4,14&28, 2003 April 23, 2003
May 5,12 & 26, 2003 May 21, 2003
June 2,9,23 & 30, 2003 June18, 2003
July 7,14 & 28, 2003 July 23, 2003
Aug. 4,11 &25, 2003 Aug. 20, 2003
Sept. 1,8,22 & 29, 2003 Sept. 17,2003
Oct. 6,13 & 27, 2003 Oct. 22, 2003
Nov. 3,10 & 24, 2003 Nov. 19, 2003
Dec. 1,8,22 & 29, 2003 Dec. 17, 2003
Saturdays and Sundays 9AM Onwards
April 5 & 6, 2003
July 26 & 27, 2003
Sept. 27 & 28, 2003
Dec. 6 & 7, 2003
"An Equal Opportunity Employer"
Celebrating Our 75~h Anniversary
Sebastian Inlet is the newest unit of United States Powar Squadrons (USP$) which, wi.th
sponsorship from the City of Sebastian, is mslrin$ a home at the Scbaztian Yacht Club.
We will be offering pnblic boating courses throughout the year., courtesy
examinations and further educa, ion for members in an effort to inorr, ase safety on the
waterway. Succassfui completion of our course meets the educational requirements for.
the Florida Sta~e boater's license. ]'lie next public course will be 211/29 September and
prc,-registmion is recommended. Please call (772) 388-0852 for mom infornmion or
check out our website l',ttp://www.usps.org/Iocahsps/sisps
Organized in 1914. USPS is a non profit, ~tix:ational organizatim~ dedicated to making
boating aiffr;r and mor~ enjoyable by teaching ciaases in ~anahip, tmvig~ion and
related subjects, Our members are boating families who contribute to titcir communities
by promoting r, af¢ boating through educa'~ion, We enjoy pmicipati~ with our fellow
members on the water and in the classroom. LISPS has some 60,000 members organized
into 450 squadrons across the comury and in some US terriuafics. UP, PS is the world's
largest non-pro~ boagng organizatl, on and ha, bee~ honored by t~ee US presiders for
its civic comributions,
Sebastian Yach~c Club
820 Indian River Dr Sebastian
SEI~AST1AN INLET
^ Unit of USPS
M day
onday Wednes eekend
2002 ......
Se ~mber "' · "28/29
23
October
November 20 , , ..
Decem~r . .. 18 7lB
2003
Janue?Y. 6,! 3,27 ~ ~ 22...".' . ....
February 3,..10,24 ..19 1/2
~a~ 3,10,24,.3.1 19 ,, , ......
Apdt 4,1,4,28 ... 23 ........ 5/6, ....
May . . 5,~12,26..., 21 .....
J-~une .. 2,9,23,30 18 . ..
J--U~ 7,14,28 23 " , 26127 _
September.. 1,S,~,29 .
~ 6 1327. , 2_ .2 .......
Novem~r 3~10,24 19 ..
De~m~r 1,8,~_2,29 '17 .6.~ _
Times. .. ..7pm~'l~p.m 8pm -' 1opm. 9am onwa~s
Dates for 2002/3
8/6/20132
Nlgel E I-~rgrelrves
City of Sebastian
Subject: Code Enforcement Board
Appro~e~for Su.,~, ~,t~,ttd~anager
Exhibits Applica~'~, advertisement, board members
Expenditure Required: Amount Budgeted:
' Agenda No. ~",'~ Z ~:=
Department OHgln: City Clerk
Date Submitted: 8/5/2002
For Agenda of: 8/14/2002
Appropriation Required:
~UMMARY STATEMENT
The Code Enforcement Board has a regular member engineer position open due to the term expiration of
the current, member, who has served two terms and is not eligible for reappointment. This was advertised
and one application was received.
RECOMMENDED. ACTION
Interview applicant, unless waived, and appoint to the following position:
1. Regular Member Engineer Position - Three year term to expire 8/1/2005
~ 0 0 I r..m '~mm
(A.11C'it7 Bom'd ~ncl Commi~ ~esnb~ Must ~ P.~id~nts o:f'th~ City of' B~'bm~dan) -'~ ~ ~
H0~mP~O~: $$,r'-s?,~s HO~'AX,:
BUSINESS ADDRESS:
BUSINESS PHONE: BUSINESS FAX: B-MAIL:
ARE YOU A RBGISTEi~WT) VOTER? ~ ~ VO~ ~g. NO. ~
HOW LONG ~ YOU B~ A ~~ OF ~A~ / ~ {
DO YOU ~Y HOD ~ ~C O~CE?
~O YOU P~S~Y S~ ON ~ O~R Ci~ BO~ OR CO~'~1~?
~cH BO~S/CO~ESV ~
~ss c~ ~.o~s o~ ~c~ ~0W ~ ~~s~ ~ s~x~o ~ o~ o~
~ -~s a ~~UON ~Soav co~~
~ a L~SC~S ~SOaV ~O~ ~. ~ + M//
' 'o~ ~o~Y co~ ~-~ CO~~'N~)
APPLICABLE EDUCATION AND/OP. EXPERIENCE: (attach separate resume if necessary)
~/rl~omry Publi~, $~-of Flori
day o~~~~gP~.~ by
, i ersonall kn~vn to me, o~
me this ~.~
who
\wp-form~q~pli~at. wpd
r~v. 3/2002
HOME
7UL¥24,2002
PRESS RELEASE
CODE ENFORCEMENT BOARD
THE CITY OF SEBASTIAN IS SEEKING APPLICANTS TO FILL A REGULAR MEMBER.
ENGINEER POSITION ON THE CODE ENFORCEMENT BOAllD WHICHiS OPEN DUE TO
THE TERM EXPIKATION OF THE CURKENT MEMBER. THIS IS FOP. A THREE YEAR
TERM, AND WHENEVER POSSIBLE, SHOULD BE FILLED BY A ENGINF&R.
QU~CATiONS: ALL APPLICANTS MUST BE A RESIDENT OF THE CITY OF
SEBASTIAN
THE ENGINEER SHALL BE REGISTERED UNDER THE LAWS OF THE STATE OF
FLOREDA REGULATING TH~ PRACTICE OF ENGINEERING OR SHALL POSSESS
SIMILAR QUALIFICATIONS UNDER THE LAWS OF OTHER STATES OR SHALL
HAVE ACTUAL EXPERIENCE DEEMED BY THE CITY COUNCIL TO BE
EQUIVALENT TO SUCH REGISTRATION.
THIS BOARD MEETS ON THE THIRD WEDNESDAY OF EACH MONTH, IF A HEARING iS
NEEDED, AT 2:00 P.M. IN TI~ COUNCIL CHAMBERS, 1225 MAIN STREET, SEBASTIAN..
APPLICATIONS ARE AVAILABLE IN THE CITY CLERK'S OFFICE, CITY HALL, 1225 MAIN
STREET, SEBASTIAN, BETWEEN THE HOUKS OF 8:00 A.M. A_ND 4:30 P.M. AND WILL BE
ACCEPTED TItKOUGH FRIDAY, AUGUST 2, 2002.
CODE ENFORCEMENT BOARD
MEETS THIRD WEDNESDAY OF MONTH IF HEARING iS NEEDED- 2:OD P.M.
MEMBER NAME AND POSITION APPOINTMENT HISTORY
ADDRESS
Thomas T. Connelly Engineer Position Appointed Reg. Member Term Vacated
149 Kildare Drive By Metcal~ gl1 l/g6
Sebastian FI 32g58 Term Expired: B/1/gg
388-1846 Reappointed Regular Member Position;
g/8/g9
Term to ExPire: 8/2002
Is in 6~ Regular Member Year and 2~
Full Term
William H. Simmons Member Position Appointed Regular Member Unexpired
509 Drawdy Way Term Vacated by
Sebastian, Florida 32958 Ssi Neglia: 2/13/2002
58g-9826 Term to Expire:. 3/112003
No full term. 'i'~ Regular Member Year
Allen G~ .SOhofieid Subcontractor Appointed Regular Member
734 Rose Avenue Position Position Vac. By May: 6/17/98
Sebastian, Flodda 32958 Unexpired .Term to Expire: 2/2000
388-1805 Reappointed Regular Term: 312000
Term to Expire: ?./112003
is in 3= Rag Member Year and f~ Full
Term
Ken Coeco Realtor Position Appointed i st Alternate 6/95
372 Banyan Street Term to Expire: 6/98
Sebastian, FL 32958 Appointed to Regular Member Realtor
388-5432 Position Vacated by GIIllams: 5/98
Term to Expire: 3/99
Reappointed to Regular 'Member
Realtor Position: 3/24/gg
TermtoExpire3/1/2002
Reappointed Realtor position:
2/27/2002
Term to Expire: 31112005
is in 5*~ Rag Member Year and 2~ Furl
Term
Jayne Barczyk Member Position Appointed Unexpired
609 Caravan Terrac~ Regular Member Position
Sebastian, FL 32958 Of Joseph Fieschen 9/9/98
388.-lg4g Term to Expire: 3/2001 .
Vice Chair - appointed Reappointed Regular Mamben
1/02 2/28/2001 Term to Expire: 3~2004
Is in 'I~ Full Term -4~ Regular Member
Year
82
Ronaid M, VanBuskirk General Appointed Unexpired Regular Member
252 Dock Avenue Contractor Contractor Position Vacated by Peter
Sebastian, Fiodda 32958 Position Cavallo: 2/12/2001
589-7804 ~ Term to Expire: 6/1/2002
Reappointed Regular Member
Contractor Position: 6112/2002
Term to Expire: 8/1/2005
is In 2nd Regular Member Year
~ ' Membe
John Oakes Businessman Appointed Unexpired Regular r
593 Birch Court Position Businessman Position Vacated by Joel
Sebastian, Florida 32958 Alan Kea: 12/12/2001
388-2957 Term to Expire: 3/112003
Is in Ist Regular Member Year
Leon E. Griffin Alternate Appointed Unexpired Alternate
108 Melton Avenue Member'Position Vacated by
Sebastian, FL 32958 Adflna Davis: 7/10/2002
589-0983 Term to Expire: 6/1/2004.
Edward D. Seeley Alternate Appointed Unexpired Alternate Member
697 Albatross Terrace Position Vacated by J.
Sebastian, FL 32958 Morozowski:. 5/8/2002
581-5EI46 ..... Term toExpire: 4/2003
BOARD RECORDING SECRETARY -
83
City of Sebastian, Florida
Subject: Approval of contract with Henry
Iler of IPG, Inc., consulting services for
implementation of the Community
Redevelopment Area study.
DepartmentOfigin: Growth ,~l~
Management/General S ervic~ L~. /_
Traey E. Hass/Paul Wagner
A~~O~~oved :ubmffi~. ,y, .-' I Date Submitted' August 7, 2002
' ~ ~/~~~'/~--~"~'-~.,-' For, Agenda of: Augus..t..~ 4, 2002
EXPENDITURE
REQUIRED: $27,700.00
IAMOUNT BUDGETED:
APPROPRIATION
. REQUIRED:
SUMMARY
As you well know, the area affectionately referred to as the "triangle" along CR-512, bounded by the FEC
railroad, has been the subject of potential redevelopment. Additionally, the area is currently under a building
moratorium until further direction is granted by City Council. Upon your direction, staff advca~ised an RFP
for the performance of a blight study, and eventual expansion of the existing Community Redevelopment
Agency (CRA) for this area. The City received three bids in response to the RFP, and one has emerged as
the most qualified and financially feasible alternative. More specifically, staff is prepared to retain the
consulting services of Mr. Henry ller, of !PG, Inc., who, once given the notice to proceed, will perform the
finding of necessity report (blight study) for the CRA. The findings contained within said report will afford
the City the ability to determine the need and or feasibility of implementing a CRA within the
aforementioned district. Should the report contain favorable findings, we will then proceed with phase II of
the contract with Mr. Iler, which entails development of the Community Redevelopment Plan. The obvious
objective is to ultimately implement the CRA' plan spearheading redevelopment and economic development
within the district.
Funding for the blight study and development plan will be provided via the existing CRA's budgeted
unappropriated funds.
RECOM]vIENDED ACTION
Move to authorize staff to execute a contract with Henry her in the amount of $27,700 for phase I of the
Community Redevelopment Plan project.. Additionally, authorize staff to negotiate a fee with Mr. Iler for
implementation of phase II, at which time staff will appear before City Council for authorization of the
negotiated fee. Move to appropriate $27,700
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made this
PLANNING GROUP (hereinafter
FLORIDA (herein~r the "City").
day of August 2002, by and between ILER
"Consultant") and the CITY OF SEBASTIAN,
WHEREAS, the Consultant has been selected to provide Community Redevelopment
Agency (CRA) analysis, planning and implementation services for the City of SebaStian by the
City Council at its August 1'4, 2002, meeting following a public selection process consistent with
State law and City policy; and
WHEREAS, the Consultant and City, throu~ mutual negotiation, have agreed upon a
scope of services, schedule and fees for the provision of any and all services required to plan for
the current CRA, and evaluate and process any potential CRA expansion areas (hereinafter the
"Project"); and
WHEREAS, the City desires to engage the Consultant to perform the services specified
in the approved Scope of Services under the terms of this agreement;
NOW, THEREFORE, in consideration of the mutual covenants and conditions
hereinafter provided, the Consultant and the City agree as follows.
1. Professional Services. The Consultant shall furnish services to the City in the
performance of the Scope of Services contained in Exhibit "A." In all analyses, the Consultant
will incorporate methodologies commonly accepted by Community l{edeVelopment Agency
consultants industry-wide in the State of Florida.
2. Period of $..e..rvice. The Consultant shall begin work promptly ai~ receipt of a
fully executed copy of this Agreement from the City and complete the Project within the
completion timeframes provided in Exhibit "A." City and Consultant agree that the estimated
completion timeframes in Exhibit "A" are susceptible'to unavoidable and unexpected delays due
to such events as local review and meetings, and County review process. Thus, through mutual
agreement on an as needed basis, these timeframes may be modified in writing by both part/es.
The Consultant's receipt of a fully execated copy of this Agreement shall constitute written
notice to proceed with the Project. With respect ~o the specified schedule, performance shall be
timely under this Agreement. However, the completion timeframes shall be extended for per/ods
of delay resulting from strikes, natural disasters, and similar circumstances over which the
Consultant has no control, if the City approves such extensions in writing.
3. Compensaflo.n. For the completion of Phase I in the Scope of Services described
in Exhibit"A," the Consultant will be paid total monetary compensation by the City of
TWENTY-SEVEN THOUSAND SEVEN HUNDRED DOLLARS AND 00/100 ($27,700). The
compensation shall be invoiced by the Consultant on a progress basis and paid by the City until
the Project is complete, consistent with the work tasks as presented in Exhibit "A." Fees for
services listed in Phases II and 121i shall be determined in the future on a work order basis in
consultation with the City Manager and subject to City Council approval.
4. SubcontractOrs. The Consultant plans to utilize the following subcontractors in
the completion of the Project: Kimley-Hom & Associates, Inc.
5. Invoices. Invoices will be submitted by the Consultant to the City on a monthly
basis. Payment of each such invoice shall be sent to the Consultant within fifteen (15) working
days of receipt of the invoice by the City.
6. Conflict of Interest. To avoid any conflicts of interest, or any appearance thereof,
Consultant, for the term of this Agreement, agrees that it will not represent any private sector
2
entities (developers, corporations, real estate investors, etc.), with regard to community
redevelopment planning issues in Sebastian, Florida.
7. Termination. This Agreement may be mated prior to final Project
completion by either party upon sixty (60) days' written notice. In the event of termination by
the City, the Consultant will be paid as hereinafter provided, for all authorized services rendered
to the date of suer termination. The mount payable to the Consultant in the event of termination
will be a prorata amount determined on the basis of the amount and value of the work performed,
prior to the Consultant's receipt of notice of termination, for the applicable work tasks described
in Exhibit "A."
8. Insurance. The Consultant, including each of its subcontractors, will hold in full
force during the term of the Agreement all types and mounts of insurance required under the
laws of the State of Florida applicable to the services specified in this Agreement. Specifically,
the Consultant shall maintain the following minimum insurance coverage FIVE ~RED
THOUSAND DOLLARS AND 00/100 ($500,000.00) in automobile liability (personal); ONE
lVIILLION DOLLARS AND 00/100 ($1,000,000.00) m general commercial liability (finn); and
ONE MILLION DOLLARS AND 00/100 ($1,000,000.00) in professional liability (firm). The
City shall be named as an "additional insured" under these policies where appropriate.
Certificates of coverage as required by this section shall be delivered to the City within fifteen
(15) days of execution of this Agreement.
9. Indemnification.
(a) Each party shall be responsible for its own acts and will be responsible for
all damages, costs, fees and expenses which arise out of the performance of this Agreement and
which are due to that party's own negligence and other unlawful conduct, and the negligence and
other unlawful conduct of its respective agents, officers and employees.
Co) It is specifically understood and agreed that the consideration inuring to
the Consultant for the execution of this Agreement consists of the promises, payments,
covenants, fights and responsibilities contained in this Agreement.
(c) The execution of this Agreement by the Consultant shall obligate the
Consultant to comply with the foregoing indemnification provision; however, the collateral
obligation of providing insurance must also be complied with as set forth above.
NOthing herein is intended to constitute a waiver of the protections of
(d)
sovereign immunity.
10. Nondiscrimination. The Consultant pledges that it does not, and will not during
the term of this Agreement, discriminate against any of its employees or applicants for
employment because of their race, color, religion, sex, or national origin, and to abide by all
Federal and State laws regarding nondiscrimination. Any violation of such provisions shall
constitute a material breach of this Agreement.
11. Exoenses of Liti~eatiOn. In the event litigation in any way related to the Services
performed hereunder is initiated against one party to this Agreement by the other, the prevailing
party shall be reimbursed by the other party its reasonable attorneys' fees and court costs and all
· expenses (including taxes) even if not taxable as court· costs (including without limitation all
such fees, costs and expenses incident to appeals) incurred in that action or proceexting in
addition to any other relief to which such party or parties may be entitled.
12. C_ontrollin~_ Law. This Agreement is to be governed by the laws of the State of
Florida, and venue shall re~ solely in indian River County, Florida.
13. B~ This Agreement shall bind, and the benefits thereof shall inure to,
the respective parties hereto, their legal representatives, executors, administrators, successors and
assigns.
14. Amendments and...Modification. No amendments or modifications of this
Agreement shall be valid unless in writing and signed by each of the parties to the Agreement.
15, Mer~er: Amendment. This Agreement constitutes the entire agreement between
the COnsultant and the City, and all negotiations and oral understandings between the parties are
merged herein. This Agreement may be supplemented or amended only by a written document
executed by both the Consultant and the City.
16. Access and Audits. Consultant shall maintain adequate records to justify all
charges, expenses and costs incurred in performing the work outlined in this Agreement for at
least two (2) years after completion of this Agreement.
17. ~. Except as provided above, whenever either party desires to give notice
to the other, it must be given by written notice, sent by certified U.S. mail, with rettma receipt
requested, addressed to the party for whom it is intended, at the place last specified and theplace
for giving of notice in compliance with the provisions of this paragraph For the present, the
parties designate the following as the respective persons and places for giving of notice:
City:
Terrence R. Moore, City Manager
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
Consultant:
Henry B. 1]er, President/Principal
Iler Planning Group
11211 Prosperity Farms Road
Suite 205B
Palm Beach Gardens, Florida 33410
18.
Nonassignabilttv. Neither party shall assign any rights or delegate any duties
arising under this Agreement without prior written consent of the other party.
19. Seve~. Any provision in this Agreement that is prohibited or unenforceable
under Florida or federal law shall be ineffective to the extent of such prohibitions or
unenforeeability, without invalidating the remaining provisions, hereof. Also, the
non-enforcement of any provision by either party to this Agreement .shall not constitute a waiver
of that provision nor shall it affect the enforceability of that provision or the remainder of this
Agreement.
6
iN WITNESS WI:m~REOF. the Con.treat and the City have c~use, d this instrument to
be signed by their respective d~ly authorized officials, all on the clay and year f~tst above written.
Attest:
ILER PLANNING GROUP
By:.
H~-nry B. Iler, President/Principal
Attest: CITY OF SEBASTIAN
City Clerk
By:
Terrence R, Moore, City Manager
' Approved as to Legal Sufficiency:
Richard Stringea:, City Attorney
Exhibit A
Sebastian CRA Project
Scope of Servi es
Phase I: Finding,,.Qf Necessi, Report
Task I-l: I~'~-off Mee~ and Project Coordinat~bn
Following the notice to proceed, the consultant will meet with City staff to obtain all
applicable data and analysis for potential new. and/or expanded Ct~ areas in and
around the "512 Triangle Area," and establish coordination mechanisms for interaction
between City staff and the IPG Team.
Task 1.2: Boundary Assessment
Consultant will work with City staff to examine new and/or expanded boundary
alternatives in the $12 Area and determine the most appropriate new CRA areas to
maximize quality growth potentials and tax base enhancement for the City.
Task I-3.. Dra~ ~ding of hrecessi~v Report
The Consultant will prepare the Finding of Necessity for Redevelopment Report
required by Chapter 163 - Part III, Florida Statutes, in order to initiate and/or expand a
Community l~edevelopment Agency (CRA). This Keport will contain a comparable level
of detail as is found in the finding of.necessity report for the current CP~ Field surveys
of the potential CRA area will be conducted, and existing data and analYSis related to the
area will be collected from City staff and other public agencies. City staff will also assist
in summarizing recent (last 3-5 years) development permittin§, code enforcement and
land use/zoning issues and problems in the proposed CRA area. The consultant will
assess the road system and related redevelopment area deficiencies and needs with
respect to transit, bicycle and pedestrian facilities. Other current infrastructure.
deficiencies such as water, sewer, drainage, parks, open space and beautification in the
potential CRA area will be identified. KHA will prepare all graphics for the Report. The
Draft Report will be submitted for staff review.
8
T~/t I-4: ~Yn~l Repoz~
The consultant will revise the Keport per comments and submit Final Keport to the City,
along with presentations to the CKA Executive Board and City Council.
Phase I Deliverable:
COmpletion Timeframe:
Est/mated Cost:
Finding of Necessity Report
3 months from NTP (notice-to-proceed).
$e'7,700.
Phas.e II: cflmmuni_ty Redevelopment Plan
Task 1i-~: IdentiqcatiOn o£Opportum~'es and Constrm'nts/~older Interviews
Using the information gathered' in Phase I of this project, the consultant will prepare a
preliminary list and graphic presentation of redevelopment opportunities and
constraints. This list will be used to engage community stakeholders (residents, political
leaders, business and property owners in the CRA area and representatives from non-
profit agencies) in a discussion of the area.
Task II-s: M~rket
U~ng ~e mo~ recent
peffom ~ ~-~p~ an~ of m~ket ~d soci~e~nomic ~n~fie~ ~thi~ ~e
re,on ~d C~ i~elf to detem~e ~y ~de ~nomic ~en~ ~t may ~pa~
~e redevelopment, idenfi~ ~e ~ of d~elopment ~at shoed ~ a~ed to ~e
new C~ ~ea ~d idenfi~ ~y m~k~ ~~n~.
Task iI-3: Communiir Viaioning ~Vorl~hop
A public workshop will be held near or in the CRA area. It win be designed to provide
participants with key information regarding the project and CRA area in. an interesting
and concise manner. The workshops will be facilitated to solicit community ideas with
regard to future vision and improvements for the area. Ii]iA will assist in workshop.
planning and implementation, including preparation of all graphics.
TasS L[-4: Draft CornnTun~ty Redeve]oj~ment Plan
Following the workshop task, the consultant will prepare the draft Redevelopment Plan
for the CRA Area. The Plan will contain the following components:
1.) Bacl~round information on existing conditions and findings;
2) Future vision of the Area and redevelopment goals and objectives;
3.)
Land use, zoning and urban design recommendations (including but not limited
to height and parking);
4.) Housing needs and neighborhood impact;
Capital improvement projects addressing water, sewer, parks, streetscapes, open
space, roads, transit, drainage, public safety, community services, hi~oric and
cultural resources, environment and conservation, bikeways, pedestrian linkages,
and community identification'with es~mated costs (order-of-magnitude) where
possible.
5.)
Tax increment and other applicable revenue projections over lo-year period, and
implementation phasing plan.
7.) Potential public/private partnerships for shor~-range' private redevelopment
projects.
8.) Innstrated plan for community redevelopment area~'
9.)
All other elements needed to fully comply with the Community P, ede .velopment
Act of 1969 (Part III of Chapter 153, Florida. Statutes).
KHA Will prepare all graphics for'the Plan docUment inclualng the cover. The CRA Plan
will address both the existing CRA and any new future areas created as a result of Phase
I work.
Ta~k II-s: CI~ Executive Board and Staff Review
Fonowing submittal of the draft redevelopment plan, the lPG Team will meet with City
staff to review comments or suggestions regarding the plan. The draft Plan will also be
presented to the CPA Executive Board in a workshop session. The consultant win also
present the draft Plan to County CRA staff for comments.
10
Task II-6: Final ~ommuni~y R~Jopm~t Plan
The IPG Team will make the necessary revisions and submit a Final Redevelopment
Plan to the City for consideration, and eventtm] approval, by the CPA Executive Board
and City Commission at separate hearin§s~ City staff will prepare the necessary
approval resolutions or ordinances.
Phase II Deliverables: Draft and Final Kedevelopment Plan
CRA Approval Ordinance/Resolution (City Attorney)
Completion Timeframe: 9 months from NTP.
Estimated Cost:
To be determined in the future in consultation with the City
Manager and subject to City coUncil approval.
Phase iii: Continued Assistance with Plannin_~ & Impleme~lti.on
Once the CRA is established, the Ktt~IPG Team will continue to provide
implementation assistance to the CRA, on a case-by-case basis. The cost for these
additional services are over and above the project fixed fee, and will be negotiated on a
time and materials basis as tasks arise.
Task IIi-I: Speci6c RedeveJopmen t Planning and,Proj.ec~. ,
The specific details of this task are not known at this point but depend upon the public
projects identified in the Redevelopment' Plan and the Citfs need for additional
assistance in implementing the plan. Examples of such services provided to previous
clients include:
* Assistance in preparing grant applications;
Preparation of planning studies, infl2stmcture analysis land development
regulations specifically for the CPA;
l~eview of proposed developments for compliance with CPA s~ndards;
Project management for public improvements within CPA area; and
Planning, design and engineering for CRA projects.
Admink~tration, strategic planning and public/private redevelopment projects.
Phase III Estimated Cost: To be determined in the future on a work order basis in
consultation with the City Manager.
11
CiW Pro~ect Respons~ilities
During project kick-off,.the City will provide copies to Consultant of all available plans,
engineering studies and any other documents, which may be useful as background
information and analysis in preparing the CRA I~eport and Plan. City staff will
expeditiously review and comment on all Project deliverables as they are submitted. In
addition, the City is responsible for all extraordinary document reproduction
copies), securing of public meeting space as needed, meeting recordation, and provision
of adequate public notice of meetings, workshops and hearings. The City Attorney is
expected to prepare all required resolutions and ordinances for this project.
12
City of Sebastian, Florida
AGENDA TRANSMITTAL
Agenda No.
Subject: Sebastian Clambake agreement
02. 7
Date Submi~ed: 8/8/02
For Agenda of: 8/14/02
SUMMARY:
At its meeting of March 13, 2002, the Council agreed to a sponsorship role in support of the
Sebastian Clambake Festival and directed that an agreement for the same be brought forward.
The proposed agreement is largely based upon the commimaents found in the Lion's Club and
Chamber agreements for other festivals:
}) Ail three agreements provide that necessary CITY personnel will aid in the event.
}> All provide that the partner has the right to proceeds ~om vendors.
~ Under all the agreements the CITY provides utilities as needed.
}> While the Lions receive a direct cash payment of $5000 towards costs, and the Chamber
has the City take out specified advertising, this agreement provides for the City to
provide funding in the amount those same ads would cost except the funds will be spent
on advertising under a campaign devised by the'Clambake.
}> While the City has ultimate financial responsibilities for activities under the Lions
agreement,' the Chamber and the Clambake has it for their events.
> The CITY provides law enforcement personnel throughout all events, including at least
one officer specifically assigned to overnight duty at the Park Complex for the Chamber
and Clambake festivals.
}> Although it is not in the Lions agreement, the CITY has provided a off-site parking and
transit program and takes responsibility for the Lions and the Clambake asks for the
Otherwise, provisions specific to the Clambake: > A ten year effective period instead of five.
}> Provide logistical details for maintaining the Castaway's Bonfire, setting up the Carnival
and bringing in sand to upgrade the facilities.
> Agree that any "rain-date" for the fireworks display from the CITY's 4~ of July
Celebration shall be held on one of the evenings of the Clambake.
}> Grant CITY all rights of membership to the non-profit corporation and accords CITY the
highest level of sponsorship for the festival with all the publicity and recognition granted
any Others of that stares. .
AuTHoRIZED PLACEMENT ON AGENDA BY CITY MANA
Hosting nnd Sponsorship Agreement
TH~S AGREE~ made this w day of Augu~ 2002, between the CITY OF
SEBASTIAN, a Florida municipal corporation (hereinafter called the "CITY") and THE
SEBASTIAN CLAMBAK~ FOUNDATION, INC., a Florida non-profit corporation (hereinat~er
called the "i~OUNDATION'') provides that
WHEREAS, the CITY hosts public festivals in the Riverview Park complex in the
winter, spring and summer of' each year; and
WItEKEAS, it is desirable that the CITY host it fall festival; and
WftER.EAS, the FOUNDATION has formed and incorporated for the purpose of
organizing a festival to be known as "The Sebastian Clambake Lagoon Festival" (hereinafter
called the "Clambake") in celebration of the unique aspects of life along the Indian River
Lagoon, to be held each year on the weekend following Labor Day; and
WHEREAS, the CITY and FOUNDATION desire that said celebration be centered
around CiTY's Riverview Park complex; and
WHEREAS, the CITY desires to hold the status of both corporate membership in the
FOUNDATION and sponsor of the Festival, with the mutual obligations and privileges of the
parties set forth below;
THEREFORE, IN AND FOR CONSIDEKA. TION of the mutual benefits and promises
herein, the sufficiency of which is hereby acknowledged by the parties, it is agreed:
The CITY shall be host to the FOUNDATION's Clambake for the years 2002
through 2011, and the parties shall cooperate in conducting the Clambake as set
forth herein.
The FOUNDATION, with the aid and assistance of necessary CITY personnel,
shall organize and administrate ali activities and events for the Clambake, unless
otherwise set forth herein, in compliance with all applicable ordinances, statutes,
health codes and other governmental regulations, and subject to reasonable safety
controls of the Police Department, Fire Marshall and Health Department.
The Clambake shall entail, at a minimum, the serving of clambake-style seafood,
beer and/or wine and non-alcoholic beverages, and musical entertainment, as well
as various water-related activities, over a three-day period commencing the
afternoon of the Friday following Labor Day through Sunday evening.
Except as specifically set forth herein, the FOUNDATiON shall have all finandal
responsibility for funding the Clambake. It is recognized that the Clambake is
intended to be a fund-raiser for local charitable and public-purpose projects and
that, towards these purposes, the FOUNDATION may be compensated by
vendors and others for use of the rights-of-way and park areas subject to this
agreement. So long as its non-profit status is maintained, however, the
FOUNDATION shall control disbursement of all proceeds of the Clambake in
accordance with the requirements of Florida law.
Commencing as of 3 p.m. on the Thursday preceding the event, the entire
Riverviow Park complex, including the Yacht Club facilities, will be dedicated to
the exclusive use of the Clambake. Sebastian Boulevard and Harrison Street east
of the adjacent private properties thereupon, and Indian River Drive between
Coolidge and Harrison, will be closed to traffic commencing as of 8 a.m. on the
Friday of the event. These restrictions shall continue until the conclusion of the
Clambake on Sunday evening.
The FOUNDATION is authorized to hold a carnival as part of the Clambake. In
the event such a carnival is held, the portion of the Riverview Park complex
reasonably required for the same shall be dedicated to this exclusive use up to 72
hours earlier than as set forth in paragraph 5 in order to accommodate set-up of
the attractions.
The FOUNDATION shall have full responsibility for maintaining, and is
authorized to maintain, the.Castaway's Bonfire adjacent to the food preparation
area in accordance with established fire safety guidelines, and shall at all times
have representatives tending the same.
In conjunction with the Castaway's Bonfire, the FOUNDATION is authorized to
bring in loads of sand to enhance the facilities. Said sand placement shall be
coordinated with the Director of Public Works and, as a donation by the
10.
11.
12.
13.
14.
FOUNDATION to the benefit of the public, aider the event said sand can be
incorporated as fill into needed areas of the Riverview Park Complex.
The CITY shall provide law enforcement personnel, as deemed necessary by the
Chief of Police, throughout the event, including at a minimum one officer (either
a certified sworn officer or a member of the department volunteers) who shall be
specifically assigned to duty at the Riverview Park Complex for security
overnight. On Friday and Saturday evenings of the event.
The CITY shall provide a reasonable system of off-site parking and transport
during the event except for those oeeasions when the parties agree that the same is
not needed. CITY shall bear the financial responsibility for this system.
The CITY shall provide public works personnel to supervise and assist in event
set-up at the times provided in paragraphs 5 and 6, including initial preparation of
the site, including insect control, and with event wrap-up. During the event at
least one CITY public works representative will be on site for trouble-shooting
duties. Additionally, the CITY shall provide all electric power and water as
needed by the Clambake.
No earlier than six (6) weeks prior to the event, FOUNDATiON shall obtain
written quotes at the going market rate cost for three (3) half page ads in the
Press-Journal, and a half-page advertisement in the TGIF edition (or equivalent
entertainment supplement) of Florida Today and provide .copies thereof to CITY,
which sh~ promptly provide equivalent funds to the FOUNDATiON. It is agreed
that all such funds shall only be expended for promotional advertising and
FOUNDATION shall account for use of said funds, however, it is recognized that
said funding will be incorporated into an integrated promotional budget and
media strategy as seen fit by the FOUNDATION.
Additionally, CITY shall publicize the event through its newsletter, governmental
access channel, public signage, website and all other available CITY information
outlets.
In the event that a "rain-date" is required for the fireworks display from the
CITY's 4t~ of July Celebration, it is agreed that the same shall be held on one of
the evenings of the Clambake, the ~act day to be detemined by mutual
agreement oft he parties.
15. The CITY shall be granted a Certificate as a corporate member of the
FOUNDATION in accordance with Chapter 617 of the Florida Statutes, and shall
be entitled to exercise all rights of membership to the non-profit corporation.
16. Further, the CITY shall be accorded the highest level of sponsorship provided for
the festival, and shall receive the publicity and recognition granted any others of
that status.
17. The FOUNDATION agrees to indemnify, defend and hold City harmless from
any and all claims of any nature brought by the FOUNDATION members, or
agents in the course of performing FOUNDATION's obligations under this
Agreement, or from any claims by any persons arising from or damages incurred
by the CITY from the wrongful acts of Foun,dation members or agents whatsoever
arising from the exercise of the privileges and obligations set forth hereunder. It
is not intended for this provision to create any right of subrogation or any other
third-party rights. "
18. The CITY agrees to indemnify, defend and hold FOUNDATION harmless from
any and all claims of any nature brought by CITY's employees or agents in the
course of performing CITY's obligations under this Agreement, or from any
claims by any persons arising from the wrongful actions of CITY's employees or
agents whatsoever arising from the exercise of the privileges and obligations set
forth hereunder. Nothing herein shall be deemed a waiver of sovereign immunity.
It is not intended for this provision to create any fight of subrogation or any other
third-party rights.
AGKEED TO on the date first set forth above.
CITY OF SEBASTIAN,
a Florida municipal corporation
TI-IE SEBASTIAN CLAMBAKE
FOUNDATION, INC., a Florida non-profit
corporation
Terrence R. Moore, City Manager
By:.
its: Vice-President
Attest:
Attest:
Sally A. Maio, CMC
City Clerk
Corporate Secretary
Approved as to Form and Legality for
Relianoe by the City of Sebastian Only:
Special Counsel
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
Subject "Clty Coun~l Meeting Sch'edule ..... I'/ gendaN;.' (~Z, /~"~ .......
for November and Dece~J:~
/ / _ I Department Origin: City Clerk
~,pproved/~or/S. ub'm ittal j:~ I
X~,..~~/ /////~.~ ....... IDa te Submitted: 7/23/02
;..~,bl~~'"'
~ er and December 2002 Calendars
Expenditure Required: I Amount Budgeted:
.8/14/02
Appropriation Required:
SUMM,,~RY STATEMENT
Each year, City Council reviews calendars for November and December to determine whether
City Council meetings should be rescheduled due to holidays.
While preparing 2003 eleCtion handbooks and schedules it occurred to me that the December
meetings will have an effect on our election schedule, therefore, I am bringing this item to you a
little bit earlier this year.
RECOMMENDED ACTION
Review November and December calendars and reschedule accordingly.
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
Subject: City Manager Performance
Evaluations
APR~.ved~ Su. bnfE~ by: City Manager
Exhibits: Memo dated August 7, 2002
Expenditure Required:
Agenda .o. Q 2., i ~ Z
Department Origin: Human Resources
Date Submitted: 08/08!02
For Agenda of: 08/!4/02
Amount Budgeted:
Appropriation Required:
SUM. M...ARY STATEMENT
As a result of the performance evaluations received from the City Council members for the City
Manager, Terrence Moore, staff reports that the overall performance rating is above satisfactory.
RECOMMEND ACTION
Review and discuss evaluation publicly, and consider performance incentives pursuant to the
interests of City Council.
To-"
Honorable Mayor and City Council Members
Terrene. e Moore, City Manager
3"ma Sexton, Director of Humau ResourceS'
as-
August 7, 2002
City Manager Performan~ Evaluatiom
The Human Resources Department has received 4 of the $ aurnml performance
evaluations regarding Mr. Terrence Moore, City Manager.
Review of Mr. Moore's e~ons show his ov~fll rating is above savory.
Therefore, it is reco~d that this Rem be placed on the Wednesday, August 14,
2002, City Council agenda for follow-up discussion.
As always, all recommendations for salary increases would be retroactive to the
anniversary date of the employee (July 6, 2002). The Human Resources ~ will
await further direction from you with regard to this matter.
Should you have any questions with referen~ to the above please do not hesitate to eadl
the City Manager at 388-8200 or the ~ of Human Resources at 388-8202.
C~: Terrence Moore, City Manager