HomeMy WebLinkAbout06222005a
HOME OF PELICAN ISLAND
SEBASTIAN CITY COUNCIL
AGENDA
REGULAR MEETING
WEDNESDAY, JUNE 22, 2005 -7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK
1225 MAIN STREET, SEBASTIAN, FLORIDA
Individuals will address the City Council with respect to agenda items immediately before deliberation of the item by the City Council-limit of
five minutes per speaker
05.092
05.085
05.131
1-12
05.133
13-15
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE LED BY VICE MAYOR BURKEEN
3. INVOCATION BY FATHER JOHN MORRISSEY, ST. SEBASTIAN CATHOLIC
CHURCH
4. ROLL CALL
5. AGENDA MODIFICATIONS (ADDITIONS ANDIOR DELETIONS)
Items not on the written agenda may be added only upon a unanimous vote of City
Council members (R-04-26)
6. PROCLAMATIONS, ANNOUNCEMENTS. PRESENTATIONS
A.
HBCA Fishing Tournament Presentation of Check to Boys and Girls Club -
Ronnie Hewitt Accepting
B.
Certificate of Appreciation for Budget Review Advisory Board Service in 2004 to:
Lee Griffin, Herbert Munsart, Linda Bethune & Gene Rauth
C.
Historic Train Station - Ron Gabor
7. CONSENT AGENDA
All items on the consent agenda are considered routine and will be enacted by one mot/on. There will be no
separate discussion of consent agenda items unless a member of City Council so requests; in which event,
the item will be removed and acted upon separately.
A.
Approval of Minutes - Regular Meeting 6/08/05
B.
Authorize Mayor to Execute Powerline Easement for Feeder Line to Friendship
Park and the Boys & Girls Club (City Attorney Transmittal 6/16105, Easement,
Sketch)
05.134
17
05.135
19-42
05.136
43-55
05.099
57-63
05.137
65-78
C.
Authorize the Following Road Closures for Independence Day Celebration:
-Indian River Drive from Jackson Street south to southern
City Limits from 5:30 am Until Crowd Disperses After Parade
-Davis Street from North Central Avenue east to Indian
River Drive from 5;30 am Until the Crowds Disperse
After Parade
-Indian River Drive from Coolidge Street south to
Harrison Street as Crowd Arrives for Fireworks Until
11:00 pm
-Sebastian Blvd. from Just Past the Hess Station east to
Indian River Drive as Crowd Arrives for Fireworks from
5:30 am Until 11 :00 pm
8. COMMITTEE REPORTS/RECOMMENDATIONS
A.
Tree and Landscape Advisory Committee
(Memo, Time Line, Proposed Changes)
i. Discuss Proposed Changes to LDC Language
B.
Temporary Environmental Advisory Committee Report and Requests
(Memo, White Paper, Info, Message)
i. Request for Letter of Support
ii. Request Marking of Drains
iii. Request Creation of a Subcommittee
9. PUBLIC HEARING
Procedures for publiC hearings (R-04-26)
. Mayor opens hearing
. Attorney reads ordinance or resolution
. Staff presentation
. Pubiic input - Limit of five minutes per speaker
. Staff summation
. Mayor cioses hearing
. Council action
Anyone wishing to speak is asked to sign up before the meeting, when called go to the podium and state his
or her name
A.
Ordinance No. 0-05-13 - Amending the Land Development Code to Create the
Sebastian Boulevard Triangle Overlay District Regulations (GMD Transmittal
6/14/05,0-05-13, Map)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND DEVELOPMENT
CODE ARTICLE XXI TO CREATE DIVISION C, SEBASTIAN BOULEVARD TRIANGLE OVERLAY
DISTRICT REGULATIONS; PROVIDING FOR CONFLICTS, SEVERABILITY AND EFFECTIVE
DATE.
B.
Resolution No. R-05-25 - Golf Course Rates and Re-Opening of Memberships
(SMGC Transmittal 6/14/05, Rates, R-05-25)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
PERTAINING TO FEES AT THE SEBASTIAN MUNICIPAL GOLF COURSE; REOPENING
MEMBERSHIPS; AUTHORIZING THE GOLF COURSE DIRECTOR TO MAKE ADJUSTMENTS
UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR AMORTIZATION OF MEMBERSHIPS;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
2
05.138
79-85
05.138
05.139
87-110
05.140
111-134
05.141
135-143
05.142
145-148
05.143
149-154
10. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC
Item that has occurred or was discovered within the previous six months which is not otherwise on the
agenda - sign-up required - limit of five minutes each speaker
11. OLD BUSINESS
12. NEW BUSINESS
A.
Resolution No. R-05-19 Emergency Hurricane Supplemental Grant for FDACS
Division of Forestry Tree Grant (Parks Transmittal 6/14/05, R-05-19, Letter)
B.
C.
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
EXPRESSSING SUPPORT FOR THE CITY MANAGER TO ENTER INTO AN URBAN
AND COMMUNITY FORESTRY GRANT MEMORANDUM OF AGREEMENT &
MAINTENANCE AGREEMENT WITH THE STATE OF FLORIDA, DEPARTMENT OF
AGRICULTURE AND CONSUMER SERVICES, DIVISION OF FORESTRY, IF IT IS
AWARDED; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE.
Appropriate $12,500 for City Match of the Urban Forestry Grant
Resolution No. R-05-20 - FDOT JPA Entitled "Business Plan" (Airport Transmittal
6/16/05, R-05-20, Agreement)
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 TO
CREATE AN AIRPORT BUSINESS PLAN; PROVIDING FOR CONFLICT; PROVIDING
FOR EFFECTIVE DATE.
D.
Resolution No. R-05-21- FDOT JPA Entitled "Hurricane Damage Repair"
(Airport Transmittal 6/16/05, R-05-21, Agreement)
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 ADDITIONAL
HURRICANE DAMAGE REPAIR; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE
DATE.
E.
Resolution No. R-05-22- FDOT JPA Entitled "Security Improvements" (Airport
Transmittal 6/16/05, R-05-22, Agreement)
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 SECURITY
IMPROVEMENTS; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE.
F.
Resolution No. R-05-23 - Final Plat for Collier Club Phase iliA (GMD Transmittal
6/14/05, R-05-23, Application, Plat)
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE FINAL PLAT FOR
A SUBDIVISION KNOWN AS COLLIER CLUB PHASE iliA; PROVIDING FOR CONFLICTS AND
EFFECTIVE DATE.
G.
Resolution No. R-05-24 - Final Plat for Sebastian Crossings (GMD Transmittal
6/14/05, R-05-24, Application, Plat)
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE FINAL PLAT FOR
A SUBDIVISION KNOWN AS SEBASTIAN CROSSINGS; PROVIDING FOR CONFLICTS AND
EFFECTIVE DATE.
3
13.
05.144
05.145
14.
15.
16.
05.146
05.147
155-158
CITY ATTORNEY MATTERS
A. Discuss and Receive Direction for J & S Aviation Lease Default
B. Request New Dates for Clambake Festival
CITY MANAGER MATTERS
CITY CLERK MATTERS
CITY COUNCIL MATTERS
A. Mayor McCollum
i. Appoint Voting Delegate for FACC Conference Business Meeting and
Consider Any Resolutions Council Would Like to Submit to FLC
ii. Public Participation (R-04-26)
B. Mr. Burkeen
C. Ms. Coy
D. Mr. Neglia
E. Ms. Monier
17. ADJOURN (All meetings shall adjourn at 10:30 pm unless extended for up to one half
hour by a majority vote of City Council)
HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR
ALLGOVERNMENTMEEnNG~
Regular City Council Meetings are Scheduled for Live Br03clcast on Comeest Channel 25
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT
THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM
RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON
WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.)
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL
ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT
LEAST 48 HOURS IN ADVANCE OF THIS MEETING.
Uocomina Meetinas:
July 13, 2005 - 7:00 p. m. - Regular Council
July 27, 2005 - 7:00 p.m. - Regular Council
August 10, 2005 - 7:00 p.rn. - Regular Council
August 16, 2005 - City Council Budget Workshop
August 24, 2005 - 7:00 p.rn. - Regular Council
September 8, 2006 - 1$ FY06l06 Budget Public Hearing
September 14,2005 - 7:00 p.m. - Regular Council
September 20, 2005 - ;t'd FY06l06 Budget Public Hearing
September 28, 2005 - 7:00 p.m. - Regular Council
October 12, 2005 - 7:00 p.m. - Regular Council
October 26, 2005 - 7:00 p.m. - Regular Council
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HOME OF PELICAN ISLAND
SEBASTIAN CITY COUNCIL
MINUTES
REGULAR MEETING
WEDNESDAY, JUNE 8,2005 -7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
1. The Mayor called the regular meeting to order at 7:00 p.m.
2. Mayor McCollum led the Pledge of Allegiance.
3. A moment of silence was beld.
4. ROLL CALL
CitvCouncil Present:
Mayor Nathan McCollum
Vice-Mayor Brian Burkeen
Council Member Andrea Coy
Council Member Lisanne Monier
Council Member Sal Neglia
Staff Present:
City Manager, AI Minner
City Attomey, Rich Stringer
City Clerk, Sally Maio
Deputy City Clerk, Jeanette Williams
MIS Systems Analyst, Barbara Brooke
Growth Management Director, Tracy Hass
Police Chief, James Davis
Public Works Director, Terry Hill
Q)
Regular City Council Meeling
June 8, 2005
Page Two
5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS)
Items not on the written agenda may be added only upon a unanimous vote of City Council members
(R-04-26)
None.
6. PROCLAMATIONS, ANNOUNCEMENTS, PRESENTATIONS
05.090
A.
Certificate of Appreciation to Jeanne Jessup for Parks & Recreation Advisorv
Committee Service
Ms. Jessup was not in attendance.
05.014
B.
Certificate of Appreciation to Patrick GilliQan for Construction Board Service
Mayor McCollum read and presented the certificate to Patrick Gilligan.
05.070
C.
Certificate of Appreciation to Lee Griffin for Code Enforcement Board Service
Mr. Griffin was not in attendance.
05.125
D.
Proclamation Declarinq June as National Homeownership Month
The Mayor read the proclamation and Lauren Connolly, President of the
Realtors Association of Indian River County, accepted the proclamation.
E. Mayor McCollum presented a certificate to Chief James Davis, commending
his service to the City of Sebastian as interim City Manager.
7. CONSENT AGENDA
All ilems on the consent agenda are considered routine and will be enacted by one motion. There will be no
separate discussion of consent agenda items unless a member of City Council so requests; in which event,
the item will be removed and acted upon separately.
3-15
A.
05.126
17-18
B.
Approval of Minutes - 5/25/05 Regular Meeting
Authorize Purchase of Carolina Skiff, Model 2180DLX, Including Motor &
Trailer from Space Coast Marine in the Amount of $11 ,220 for Public Works
(Public Works Transmittal 5/24/05, RFP)
Mr. Neglia removed item B and Ms. Coy removed item A.
Item A
Ms. Coy corrected a vote on circle page 14, on Ordinance No. 0-05-04, which should read 4-1
(Coy - nay).
(j)'
2
Regular City Council Meeting
June 8, 2005
Page Three
On MOTION by Ms. Coy and SECOND by Mr. Neglia item A was approved with the
correction on a roll call vote of 5-0.
Item B
The Public Works Director responded to concerns expressed by Mr. Neglia and Mr.
Burkeen relative to use and size.
On MOTION by Mr. Neglia and SECOND by Mr. Burkeen, item B was approved on a roll
call vote of 5-0.
8. COMMITTEE REPORTS/RECOMMENDATIONS
05.070
19-38
A.
Code Enforcement Board
(City Clerk Transmittal 5/31/05, Code, Letter, Applications, List, Ad)
i. Interview, Unless Waived, and Submit Nominations to Fill:
a. One Regular Member, General Contractor Position to Expire 6/1/2008
City Council interviewed Ron Van Buskirk.
Mr. Neglia nominated Mr. Van Buskirk and there being no other nominations he
was appointed to the position.
05.014
39-46
B.
Construction Board
(City Clerk Transmittal 5/31/05, Letter, Code, Application, List, Ad)
i. Interview, Unless Waived, and Submit Nominations to Fill:
a. One Regular Member, Contractor Position to Expire 9/30/2006
b. Fill Alternate Position If Necessary
City Council interviewed Ms. Lanning. It was noted that her application was not
included in the packet and the Deputy City Clerk stated she had expressed
interest after the packets were sent out.
Ms. Monier nominated Ms. Lanning and being the only nominee she was appointed.
Altemate Member
Ms. Coy noted that Mr. Nagy had checked Construction Board as one of his
choices on his application form.
Ms. Coy nominated Mr. Nagy, and there being no other nominations, he was
appointed to the position.
9. PUBLIC HEARING - None
3 G).,
Regular City Council Meeting
June 8, 2005
Page Four
10. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC
Item that has occurred or was discovered within the previous six months which is not otherwise on the
agenda - sign-up required - limit of five minutes each speaker
Mary Ann Krueger, recommended an impact fee on lawn spraying companies due to
their impact on the environment. Ms. Coy asked if she had brought it to the
Environmental Committee and she responded that she did not believe this was an
issue for that committee but rather is a budgetary issue.
The City Attorney said it would probably not pass the impact fee test, but he could
research it to see if it could be considered an additional license fee.
Ms. Coy asked her to bring the issue back to the Environmental Committee.
Mr. Neglia said the cost would be passed on to the homeowner and asked would it
stop their practices.
Trish Adams, Chairman of Temporary Environmental Advisory Committee, said the
committee would be prioritizing issues and welcome anyone's suggestions. She
reported on their meeting last night and said she was present to request certain
authorizations such as partnering with Vero Beach and IRC to apply for a grant for
drainage stickers and assistance of staff.
Mayor McCollum recommended the committee put together a report for the June 22,
2005 Council meeting under Committee Reports/Recommendations so Council can
take action on their requests.
Ms. Adams also asked to form subcommittees with other committees, which Mayor
McCollum also said could be placed on the June 22nd agenda for action by Council.
Damien Gilliams said he heard tax assessments are going up, and it sounded like
staff is getting ready to dive in for employee health insurance; asked Council to
reverse the budget on the Cain house and sell it; said Council made a mistake by
taking 1 % inches off Louisiana Avenue and urged Council to reconsider giving the
contractor the $36,000 to do it right; said it is the City's obligation to fix the canal on
Layport and Wimbrow citing GDC agreements.
Walter Barnes urged Council to practice civility; recommended that Council ask their
questions ahead of time; asked when the grant for Riverview Park west was set to
expire; and asked the City Attorney if he had anything to report from the waterways
conference he recently attended. The City Attorney replied he is planning to come
to a future meeting with a recommendation.
@
4
Regular City Council Meeting
June 8, 2005
Page Five
05.127
47-74
11. OLD BUSINESS
A.
Award Contract to E & D Contractino Services. Inc. in the Amount of
$731,500 and Appropriate $200,000 from Discretionary Sales Tax to
Rehabilitate the Old Elementary School (City Manaoer Transmittal
5/31/05, Aoreements, Amendment)
The City Manager requested an additional $200,000 to rehabilitate the old City
Hall/Schoolhouse, reporting that the state grant requires a contractor's agreement
executed by June 30th, that a second bid was let and the same contractor came
back in with a reduced price of $730,000. He noted the additional $200,000 would
come from discretionary sales tax.
Damien Gilliams, said the $900,000 originally moved out of the bond estimate was
moved without a motion of Council; asked the City Clerk whether there was Council
approval to remove the $900,000 and she responded that there was no motion. He
said the issue needs to be put on an agenda and discussed.
John Dean, Architect for the project, urged approval noting this is a second bid and
the price will not go down.
Ms. Monier asked if there was the possibility of hidden costs and Mr. Dean said he
could not guarantee that other damage would not be found. He said the contractor is
expert in this field and he is confident that they can work with the City.
The City Attorney said there is an agreement clause whereby there would have to be
change orders for additional work.
Mayor McCollum said costs are not going to go down and that discretionary sales tax
is an appropriate source of funds.
The City Manager stated the City has expended approximately $160,000 on the
building in the past couple of years.
On MOTION by Ms. Monier and SECOND by Mr. Neglia, the contract to E & D
Contracting Services, Inc. in the amount of $731 ,500 and the appropriation of
$200,000 from discretionary sales tax to rehabilitate the Old Elementary School was
awarded on a roll call vote of 5-0.
5
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Regular City Council Meeting
June 8, 2005
Page Six
05.128
75-77
B.
Authorize Additional Payment to John Dean, Architect for Additional
Historic Rehabilitation of Old Elementary School (GSA Transmittal
5/31/05. Cover Sheet. Chanae Order)
The City Manager explained that Mr. Dean was asked to re-scope the costs of the
renovation to bring in a contractor within budget but not hurt the integrity of the
historical building.
On MOTION by Mr. Burkeen and SECOND by Ms. Coy the additional payment to
John Dean Architects was approved on a roll call vote of 5-0.
05.034
79-81
C.
Authorize Amendment II to the Boys and Girls Club Lease (Citv
Attorney Transmittal 6/2/05. Amendment)
The City Attorney explained that the bank requested that the City in good faith would
honor the loan for public use. He explained that he revised the 2nd portion of the
amendment so the City will have first option to buy what is left on the mortgage, such
as the language in the t-hangars agreement at the Airport.
Mr. Neglia noted a typo on circle page 81 and asked if the City would have to secure
the loan and the City Attorney said the City would not.
On MOTION by Ms. Monier and SECOND by Mr. Burkeen, Amendment II to the
Boys and Girls Club lease agreement was approved on a roll call vote of 5-0.
12. NEW BUSINESS
05.016
83-92
A.
Continued First Readina Ordinance No. 0-05-04 - Petition for
Voluntary Annexation for a 25.55 Acre Addition to Cross Creek Subdivision -
Schedule Second Readina & Public Hearina (GMD Transmittal 5/16/05. 0-
05-14. Letter. MaD. Suryev. FS)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE
VOLUNTARY ANNEXATION OF LAND CONSISTING OF 25.55 ACRES. MORE OR LESS,
LOCATED NEAR POWERLlNE ROAD SOUTH OF BARBER STREET KNOWN AS CROSS
CREEK SUBDIVISION PHASE II; PROVIDING FOR INTERIM LAND USE AND ZONING
CLASSIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE.
Side ii, Tape J, 8:01 pm
Mayor McCollum announced that if this item is approved, the next item will be
addressed and if not, the next item will not be addressed.
The Growth Management Director recommended this item move forward to
public hearing in approximately thirty days to allow staff to work out the
details of a paving agreement.
{fj
6
Regular City Council Meeting
June 8, 2005
Page Seven
The City Attorney said there is interest from the County and the developer to
work out an agreement. He said he did not think right-of-way details would
be in place for about 30 days, but the idea that there will be a two-lane paved
road will be provided.
Attorney Warren Dill, representing Henry Fischer, said there have been two
productive meetings with Indian River County and stated he has been
authorized by his client to commit to improving Powerline Road from Barber
Streetto CR 510; therefore, requested approval for the annexation on first
reading to allow them thirty days to formulate an agreement with the City.
He said there is no impact fee money available for Powerline Road, said his
client will front the money and then work with the County relative to
permitting. He said Phase I, the northern part from the subject property to
Barber Street, is in design right now, noting that the client's engineer has
been working with the City since that portion is in the City's jurisdiction.
The City Attorney said Powerline Road is a collector but with the location of
the large feeder line the road right-of-way has been reduced and the road
must be built to County standards. The County is willing to give eminent
domain if there is enough width for the right-of-way standard. The City
Attorney stated the completion of the road could be a stipulation noted in the
final plat.
Ms. Coy said she had heard this parcel was not annexed because there was
a sand mining operation in place and sand mining is not allowed in the City.
Mr. Dill said there was no sand mining operation on this subject parcel.
Mr. Burkeen asked if the client was willing to purchase right-of-way. Mr. Dill
said only government can do that and explained on the west side there are
four owners and the County will use the road as an easement. He further
explained that his client is taking care of all drainage for the road which
includes the purchase of 4 acres on the west side for drainage retention.
Bruce Moia, engineer for the project, reported on the time frame for paving of
Powerline Road within the City limits portion.
Mayor McCollum said he had attended some of the meetings in the County,
noting that this would be a $400,000 to $450,000 project. He said his goal
was to get Powerline Road paved from Barber to CR510 and that the road
would be done by a private developer, that Powerline Road is in the County's
plan for year 20 and not five. He said as for annexations, developments need
to contribute something to the community in the first few years, and the
taxpayers will benefit from this.
7
G)
Regular City Council Meeting
June 8, 2005
Page Eight
Mr. Burkeen said he has some concerns about traffic impacts to the City from
the annexed property but that the improvement would be a benefit to the City
residents.
Mr. Dill noted that his client was looking at approximately $490,000 for the
entire improvement.
Ms. Coy asked if any of DCA's comments had been addressed as yet. The
Growth Management Director said two of the three amendments have been
removed from consideration so staff is prepared if this one property goes
through tonight, to contact DCA to address all of their comments.
Ms. Coy suggested in the future that even Planning and Zoning be provided
with this information, so that Council will know whether the resources are
there.
Mr. Neglia asked if a traffic study for evacuation had been conducted and
read from DCA comments.
The City Attorney said DCA comes out with these types of concerns every
time, such as what is the impact of thirty homes to 1-95. He said we know
that most of the items they ask for, they already have and the City has never
sent anything up to them that they have ever rejected. He said there are
discussions in the legislature to get rid of DCA.
Ms. Coy asked if the County has the information, why should it be difficult for
the City to obtain it. She said the questions they ask are important to her.
Mr. Neglia asked why he is given the DCA comments to read if they have no
value.
Mr. Dill clarified that the number of homes was reduced to 134 after the last
hearing.
Ms. Monier thanked Dr. Fischer profusely for his donation.
On MOTION by Ms. Monier and SECOND by Mr. Burkeen Ordinance No.
0-05-04 was passed on first reading on a roll call vote of 3-2 (Coy, Neglia-
nay)
On MOTION by Mayor McCollum and SECOND by Ms. Monier the public
hearing was scheduled for July 27th on a roll call vote of 5-0
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Regular City Council Meeting
June 8, 2005
Page Nine
05.016
93-110
B.
First Readinq Ordinance No. 0-05-06 - Rezoninq Request from
Aqriculture (A-1) to RS-10 for a Proposed 25.55 Acre Addition to Cross Creek
Subdivision - Schedule Second Readinq & Public Hearinq (GMD Transmittal
5/16/05,0-05-06. Report. Map, Application)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING AN INITIAL
ZONING CLASSIFICATION OF RESIDENTiAL SINGLE-FAMILY (RS-10) FOR ANNEXED
LAND WITH A PRIOR COUNTY LAND USE DESIGNATION AS RESIDENTIAL, 1 UNIT PER
ACRE (R) FOR LAND CONSISTING OF 25.55 ACRES, MORE OR LESS, LOCATED NEAR
POWERLlNE ROAD SOUTH OF BARBER STREET AND KNOWN AS CROSS CREEK
SUBDIVISION PHASE II, PROVIDING FOR CONFLICT, SEVERABILITY AND EFFECTIVE
DATE.
The City Attorney read the Ordinance by title. The Growth Management
Director recommended approval.
On MOTION by Mr. Burkeen and SECOND by Ms. Monier, Ordinance No.
0-05-06 was passed on first reading and the public hearing was scheduled
for July 27th on a roll call vote of 4-1 (Coy - nay).
It was noted for the record that Comprehensive land use plan Ordinance No.
0-05-05 would also be scheduled for public hearing on July 27th.
Mayor McCollum called recess at 8:50 p.m. and reconvened the meeting at
9:00 p.m. All members were present.
13. CITY ATTORNEY MATTERS
05.129
111-113
A.
Resolution No. R-05-18 - Termination of State of Emerqencv Operations
(City Attornev Transmittal 6/2/05. R-05-18)
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, DECLARING AN END TO THE
STATE OF EMERGENCY OPERATIONS; PROVIDING FOR CONTINUED RELIEF FOR
DISPOSSESSED HOMEOWNERS; PROVIDING FOR CONFLICT; PROVIDING FOR
EFFECTIVE DATE.
The City Attorney read the title and explained that the emergency ordinance
suspended certain provisions of the code to provide relief to property owners,
and that there are people who are living in FEMA trailers who have damage
and some who do not have damage.
The City Attorney corrected Section 3 on page 112 to read "completion" and
not "occupancy". He said Code Enforcement will be visiting the trailers to
determine whether the residence is unlivable, noting the officer can walk up to
the door just as anyone else would but could not wander private property.
Ms. Coy clarified the burden of proof will be on the property owner to prove that
there is a need, and the City Attorney said a period of five days would be a
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Regular City Council Meeting
June 8, 2005
Page Ten
reasonable time to move a trailer. Mayor McCollum advised that FEMA permits
were eighteen months duration. It was noted that FEMA must move their own
trailers.
Sidell, Tape I, 9:12pm
The City Attorney clarified that Indian River County fire station on US 1 is
exempt and Mr. Burkeen noted it was unlivable.
On MOTION by Mr. Neglia and SECOND by Mr. Burkeen, Resolution No.
R-05-18 was adopted as corrected on a roll call vote of 5-0.
Other Matters
The City Attorney reported on prior Council action to prepare an agreement
with a property adjacent to the railroad tracks on Main Street for location of
the old train station, noting concerns with the negotiations, and requested
further direction from Council. The Public Works Director said he would take
Council members to see the station and said it was in good condition.
The Growth Management Director said the property owner (Gabor Insurance)
wants a site detail from a CAD operator for the building.
The City Attorney suggested putting this on the next agenda for more
information. It was suggested that the volunteer group that had offered to help
with the move and Ruth Stan bridge be invited to attend
The City Attorney said he would invite Mr. Gabor.
14. CITY MANAGER MATTERS
The City Manager thanked Council for its selection process and said he
looked forward to working for Sebastian.
15. CITY CLERK MATTERS
05.130
A.
FACC Conference Attendance June 18-22 - Orlando
The City Clerk, for the record, reported that she would be attending the
Florida Association of City Clerks Conference in Orlando from June 18-22
with the Deputy City Clerk.
Other Matters
The City Clerk reported that the Budget Review Committee meetings had
been rescheduled to July 6 and 20, because there was a conflict with
Planning and Zoning meetings.
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10
Regular City Council Meeting
June 8, 2005
Page Eleven
The City Clerk asked Council members to use their May 4th Stormwater
agenda packets for the June 15th special meeting.
16. CITY COUNCIL MATTERS
A. Ms. Monier
Ms. Monier said she has been upset with the lack of civility in the meetings
lately and said she will not take any more innuendos and expects the same
for all council members. She said she would call for a point of order if
necessary when she feels there is disrespect to the chambers as a whole.
Mayor McCollum said staff members have talked to him about this and said
Council needs to have strong shoulders, and if Council is going to deny
people the right to criticize then they must also stop people from
complimenting.
Ms. Monier said she could understand constructive criticism.
B. Mayor McCollum
Mayor McCollum asked the City Attorney to contact Palm Beach or Palm
Beach County to obtain an ordinance that provides for specific notice to clean
up properties in the event of developing hurricanes.
D. Mr. Burkeen
Mr. Burkeen said it is imperative that Council ask questions at the meetings
so the public is well informed.
E. Ms. COy
Ms. Coy said she was not elected to make the meetings shorter but to save
the taxpayers money. She said she agreed that we need to look at civility but
must allow the public to criticize but it should be done without vindictiveness.
She reported she is suspending her forums at the library due to lack of
turnout and gave her phone number 388-0961 and she does respond to
phone calls.
F. Mr. Neolia
Mr. Neglia said he does go to department heads and ask questions but brings
them up at meetings for the benefit of the public, and agreed that Council
members do not have to sit up here and be belittled.
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Regular City Council Meeting
June 8, 2005
Page Twelve
Chief Davis said the Emerald Lady is in the process of being moved and if it
is not the City would move it and the owner would be liened.
Mr. Neglia announced his public forum on Saturday, June 11 10 am to noon
at City Hall.
Mayor McCollum announced the Council will attend the Community
Redevelopment Advisory Committee on June 13 at 6 pm and there is a
Special Stormwater Council Meeting on June 15 meeting at 6 pm regarding
seawalls.
17. Being no further business, the regular meeting adjoumed at 9:40 p.m.
Approved at the June 22, 2005 Regular City Council Meeting.
ATTEST:
Nathan B. McCollum, Mayor
Sally A. Maio, MMC - City Clerk
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12
City of Sebastian, Florida
omCE OF THE CITY ATTORNEY
AGENDA TRANSMITTAL
Agenda No. CJS, J ::J '3
Subject: FPL easement for Friendship Park!
Boys & Girls Club
Date Submitted:6/16/05
For Agenda of: 6/22/05
SUMMARY:
Staff has been contacted by the contractor for the Boys & Girls Club concerning FPL's
requirement for a formal easement for a powerline feeder located within Friendship Park. It
appears that FPL was not concerned about the need for an easement as long as the City was the
only user on this line (since we would be the only affected party if we interfered with delivery of
service), but with a lessee also using power from the line they felt a formal document was
appropriate.
Enclosed is a sketch of the line from which a survey can be produced. In the interest of time,
staff requests that Council authorize the Mayor to execute a standard form easement approved by
the legal department once a suitable description of the easement area is formulated.
RECOMMENDED ACTION:
Authorize Mayor to execute powerline easement for feeder line into Friendship Park.
REVIEWED BY CITY CLERK: ~
AUTHORIZED PLACEMENT ON AGENDA BY CITY MANAGER'
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Sec. , Twp _ S, Rge
E
EASEMENT
This Instrument Prepared By
Name: DENNIS G PAGANO
Co. Name: FPL
Address 3301 ORANGE AVE
FT PIERCE FL 34947
P9_of_.
Work Order No. 1639030
Parcel LD.
(Maintained by County Appraiser)
Form 3722 (Stocked) Rev. 7194
The undersigned, in consideration of the payment of $1. 00 and other good and
valuable consideration, the adequacy and receipt of which is hereby
acknowledged, grant and give to Florida Power & Light Company, its licensees,
agents, successors, and assigns, an easement forever for the construction,
operation and maintenance of overhead and nnderground electric ntility facilities
(mcluding wires, poles, !l"Ys, cables, conduits and appurtenant equipment) to be
installed from time to tIme; with the right to reconstruct, improve, add to,
enlarge, change the voltage, as well as, the size of and remove such facilities or
any of them within an easement 10 feet in width desctibed as follows:
Resl!fV8dforClrWlCcIUrt
Together with the right to permit any other person, firm or corporation to attach wires to any facilities hereunder and lay cable and
conduit within the easement and to operate the same for communications purposes; the right of ingress and e~ss to said premises at
all times; the right to clear the land and keep it cleared of all trees, nndergrowth and other obstructions within the easement area; to
trim and cut and keep trinnned and cut all dead, weak, leaning or dangerous trees or limbs outside of the easement area which might
interfere with or fulf upon the lines or systems of communications or power transmission or distribution; and further grants, to the
fullest extent the undersigned has the power to llrant, if at all, the rights hereinabove granted on the land heretofore desctibed, over,
along, nnder and across the roads, streets or highways adjoining or through said property.
IN WITNESS WHEREOF, the nndersigned has signed and sealed this instrument on , 20_.
Signed, sealed and delivered
in the presence of:
(Corporate's name)
By:
(President's signature)
(Witness' Signature)
(WilDes,)
Print Name:
Print Address:
Print Name
(Witness' Signature)
Attest:
(Secretary', signature)
Print Name
Print Name:
(WilDes')
Print Address:
(Corporate Seal)
0-~
Notary Public. Signature
Print Name
STATE OF AND COUNTY OF The foregoing instrument was acknowledged
before me this day of , 20_, by , and
respectively the President and Secretary of
, a corporation, on behalf of said corporation, who are personally known to
me or have produced as identification, and who did (did not) take an oath.
(I'ype of Identification)
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HOME 01' l'llUQ,N ISJ.ANE)
CITY OF SEBASTIAN
AGENDA TRANSMITIAL
.
Agenda No. 05. 17.'
Department Origin: () N
Purchasing/Contrac in :
Finance Director: --.c
City Attorney:
City Clerk:
Subject: Road Closures for Independence
Day Celebration
ubmittal by: City Manager
Date Submitted: June 14, 2005
For Agenda of: June 22, 2005
Exhibits: None
EXPENDITURE REQUIRED: AMOUNT BUDGETED: N/A
None
APPROPRIATION
REQUIRED: None
SUMMARY
Staff has met with representatives from the Lions Club to discuss logistics for this year's
Independence Day Celebration. Certain road closures are required at different times to
accommodate the parade and frreworks on Monday, July 4, 2005. The road closures necessary
are: Indian River Dr. from Jackson Street south to the southern City limits and Davis Street from
North Central Avenue east to Indian River Drive from 5:30AM until the crowds disperse after the
parade, Indian River Drive from Coolidge Street south to Harrison Street as crowds arrive for the
fireworks untilll :OOPM and Sebastian Blvd. from just past the Hess Station east to Indian River
Dr. from 5:30AM untilll :OOPM.
RECOMMENDED ACTION
Move to approve the following road closures on Monday, July 4,2005:
Indian River Drive from Jackson Street south to the southern City limits from 5 :30AM until the
crowds disperse after the parade.
Davis Street from North Central Avenue east to Indian River Drive from 5 :30AM until the
crowds disperse after the parade.
Indian River Drive from Coolidge Street south to Harrison Street as crowds arrive for fireworks
until 11 :OOPM
Sebastian Blvd. from just past the Hess Station east to Indian River Dr. from 5:30AM until ~\1
ll:OOPM. Ly
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. . -~--_. .--- ~
HOME OF PELICAN ISLAND
1225 Main Street, Sebastian, FL 32958
(772) 589-5330 . Fax (772) 589-5570
MEMORANDUM
Date June 16, 2005
To Mayor and City Council Members
From Lynn Albury, Chairperson "rlNU
Sebastian Tree Advisory Board
Cc
Ref. Committee Reports/Recommendations for June 22, 2005 Council Meeting
The Tree Advisory Board would like to come before Council under Committee
Reports/Recommendation, to discuss the status of the chances to the Tree and
Landscaoe code that we have been working on since 2002. Per direction from Council
these changes were presented to Planning and Zoning in 2003.
Please find the attached time line of events surrounding the recommendation of
changes. Also attached is a copy of the changes to the Landscape code that were
presented to Council for your review.
DS. 135
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Tree and LandscaDe Advisory Board Recommendation for LDC Amendment
Julv 17. 2002 - City Council Workshop with Tree and Landscape Advisory Board to review their
recommended LDC amendments - further amendments made and City Attorney to draft language and
bring back
Auaust 5. 2002 - Tree Board Meeting - Chairman Fulton thanked members for their presentation to City
Council and noted that City Attorney is working on ordinance
SeDtember 9. 2002 Tree Board Meeting - Chairman Fulton noted there has been no movement on
ordinance and provided 7/17/02 workshop minutes for review
October 7.2002 Tree Board Meeting - secretary Maxwell reported that Chairman Fulton was awaiting
response from e-mail to Attorney
November 4. 2002 Tree Board Meeting - LDC ordinance review - Vice Chair Cardinale asked for
Madsen concems. Mr. Madsen expressed concern with size and count of each tree to be planted and
DBH - wants code and brochure to say same thing. Chair Fulton asked Madsen to highlight those areas
he would like changed and committee would review at next meeting in December
Januarv 6. 2003 Tree Board Meeting - Chair Fulton reported Mr. Madsen visited Cny Hall regarding his
recommendations for changes to LDC. Chair Fulton will take recommendations home, make changes
and mail to everyone.
Mav 5. 2003 - Tree Board Meeting - secretary Maxwell read from a correspondence from Chair Fulton
that per the City Attorney language directed by Council at July 17"' workshop is being forwarded to P & z
for review and hearing and if Tree Board has any further recommendations to revise language they
should state so in the form of a memo, further that each member of board should take five minutes-
make recommendations and make a motion to move them forward or place on the June agenda for a full
board to take action - motion was made that two recommendations regarding DBH and citrus trees be
put in memo form and presented to P & Z as further inclusion to LDC
June 2. 2003 - Tree Board Meeting - Chair Fulton reviewed changes made at July 2002 City Council
workshop. Madsen said there are still areas in code and brochure that do not match, to eliminate DBH
and replace with 18 inches above ground level, and cnrus trees should be six feet tall. Board passed
changes as presented from July 2002 workshop and any further changes will be brought to P & Z in
memo form
Letter dated June 30. 2003 from Tree Advisory Board Chair Fulton to Growth Management Director Hass
adding two additional recommendations to the amendments that were provided previously based on the
July 2002 workshop
Auaust 4. 2003 Tree Advisory Board - Chair Fulton noted she had received an article from Dorri
Bosworth that FDEP has come up with a model landscape ordinance for local governments and it covers
all aspects of landscaping. Board secretary Maxwell reported she had spoken with Dorri Bosworth
regarding LDC, who noted there are a lot of changes that are going to be made to the entire LDC and all
changes will be made at one time and then submitted to Council by the end of the year.
Januarv 5. 2004 - Tree Advisory Board - Discussion about where was the language they had forwarded
to P & Z- secretary was asked to check it out
Februarv 2. 2004 - Tree Advisory Board - report under New Business that P & Z is working on
comprehensive plan first and n should be completed by end of 2004 then they will work on Tree Board
input
Julv 14. 2004 - City Council Meeting - Cathy Fulton described a workshop held between City Council and
the Tree Advisory Board in 2002, which resulted in recommendations for change that was forwarded to
the Growth Management Director and asked what their status is. City Manager said if n was the direction
of Council he would have the Growth Management Department initiate the changes.
@)
Mav 20. 2005 - Temp. Environmental Advisory Board - Discussion on a stronger tree ordinance.
June 6. 2005 - Tree Advisory Board - The Temporary Environmental Advisory Board invited the Tree
Advisory Board to their meeting on June 7th to discuss working together to make changed to the
Landscape code. The Tree Advisory Board wanted to review their changes to the code and then invite
Council to their August meeting.
June 7. 2005 - Temp. Environmental Advisory Board - Some members of the Tree Advisory Board
attended the meeting. Discussion about changing the Landscape code and asking Council to fomn a
Landscape subcommittee.
June 8. 2005 - City Council Meeting - Trish Adams went before the Council with questions and concerns
and was told to retum on the June 22nd meeting under Committee Reports/Recommendations.
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Article XIV. Tree Protection and Landscaping
SECTION 54-3-14.1 PURPOSE, INTENT AND APPLICABILITY.
A. Purpose. The purpose of this article is to establish protective regulations for trees within the city in
order to better control problems of flooding, soil conservation, air pollution and noise and to make
the city a healthier, safer and more beautiful place in which to live.
B. Intent. The intent of this article is to:
1. Preserve the low density and open space characteristics of the City through the use of trees
and landscaping.
2. Encourage the protection of the maximum number of trees and oflarge specimen trees and to
encourage in particular the protection of native trees of the city.
3. Protect the existing tree canopy cover in the City and to develop a tree canopy in areas where
such a canopy does not exist.
4. Encourage the development of tree lined streets.
5. Require screening and beautification of all connnercial, industrial and institutional sites so as
to improve, protect and preserve the city's unique aesthetic characteristics and qualities.
C. Applicability.
I. The minimum standards for landscaping set forth in this article shall be applicable to all new
construction, remodeling or enlargement requiring updated code compliance.
2. It shall be unlawful for any person, directly or indirectly, to cut down, destroy, remove,
relocate or effectively destroy through damaging any protected, specimen or historic tree
situated on any real property or clear any lot or acreage located within the city without first
obtaining a permit as provided within these provisions.
SECTION 54-3-14.2
mSTORIC TREES.
The removal of a "historic tree", designated by resolution of the City Council, requires a removal permit
approved by the city council; however, historic tree(s) determined to be a hazardous tree(s) by the Building
Director which requires innnediate action may be removed after verification and obtaining approval from
the City Manager.
SECTION 54-3-14.3 SPECIMEN TREES.
The removal of a protected or specimen tree requires a removal permit from the Building Director. -.A
protected tree is anv existing tree with a 4" or greater diameter at 4.5' above existing grade !hereinafter
known as Diameter at Breast Height. DBH). A specimen tree is an existing tree with a 10" or greater DBH.
Prior to the issuance of a removal permit, the applicant shall identifY the species and number of the treeW to
be removed, consider alternative site plans to determine if the specimen trees can be saved. wiilieut ilie
reme.,&! Sf damaging ef ilia trees lUId pre'riae a Jlf6lleoea IllfIeI8eajlmg !lIen '.-:hereby ilie ajl!llieant has
Land Development Code Page XIV-I
6/2/20034:20 PM6/2'2003 2:51 PM6112i2002 9:00 f.l>.f
City of Sebastian
I .
Chapter III: Performance Criteria
Article XIV: Tree Protection and Landscaping
flltmted or will fllllftt trees te refllae6 theGe that are JlfefleSea te ee 16Iaa'led. The following criteria for I
removal of protected trees shall be used:
A. Must be removed in order for the applicant to use the property for any use permitted, conditional or
special use for the roning district in which the property is located and that such a use could not be
made of the property unless the tree is removed. Alternative site plans shall be considered to
determine if the specimen trees can be saved without the removal or damaging of the trees;
B. That the conditions of the tree with respect to disease, danger of falling or interference with utility
services is such that the public health, safety or welfare require its removal. When there is a
question of tree hazard, the Building Director may require documentation or certification from an
arborist who has been certified by the Intemational Society of Arboriculture.;
C. That the tree or tree roots are causing, or threaten to cause, damage to any main structure on the
owner's property.
D. Necessity to remove trees which present a hazard or other unsafe condition to people, vehicular
traffic or threaten to cause disruption to public services or public easements.
E. Necessity to remove trees which present a hazard to structures.
F. Necessity to remove diseased or fallen trees or trees weakened by age, storm, or fire.
G. The extent to which tree removal is likely to result in damage to the property of others, public or
private, including damage to lakes, ponds, streams or rivers, drainage canals or swales.
H. Topography of the land and the adverse impact of tree removal on erosion, soil retention and the
diversion or increased flow of surface water, which is necessary to use the land while conserving
natural resources.
I. Good forestry practices; i.e., the number of healthy trees that a given parcel of land will support.
J. Necessity to remove trees in order to construct proposed improvements to allow economic use of
the property, including:
1. Need for access around the proposed structure for construction equipment (maximum of ten
(lO)feet).
2. Need for access to the building site for construction equipment.
3. Essential grade changes.
K.Use of the laRa as p~w~tl6a ey the 91'fllieaille ZElftiag FegulatieflG.
L. The eJ<leRt ef any Elamage er RardsBi)l willeR wOllla Fefltlit fr-elfl a a6flial ef the FefjlieGtea peu,lit.
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Upon making a finding that one of the above criteria has been met, the Building Director shall issue a permit
for the removal of a protected and/or specimen tree~. WR6fI a Sfleeimefl tree is 16lflw:ed it shall ee
Land Development Code Page XIV-2
6/2/2003 4:20 PMei2i20QJ 2:51 PM6/12i2002 9:00 AM
City of Sebastian
I
Chapter ill: PerfDnnance Criteria
Article XIV: Tree PrDtectiDn and Landscaping
Fefllaeed by a tree with a miHi_ height €If twelve (12) feet. The tree(s) approved for remDval that are
within the legal frQnt. side. Qr rear setbacks shall be rwlaced bv orQPertY Qwners as fQIIQws:
A. PrQtected Trees: TWQ IS-gallQn Qr larger. F1Qrida #1 Grade Qr better fQr each tree remQved. €If the
same type remQved. €In the same proPerty. UP tQ the limits €If gQQd fQrestry oractice.
R Specimen Trees: On a diameter inch for inch basis. IS-gaIlQn Qr larger FIQrida #1 Grade Qr better
€If the same type remQved.
C. Sabal Palms (Sabal palmettQ. cabbage palms): Sabal palms having a clear trunk €If 6' Qr greater
(measured frQm existing grade tQ bQttQm QflQwest frQnds) shall be replaced Qne fQr Qne. bv Sabal
palms having at least 6' clear trunk.
SECTION 54-3-14.4 MANGROVES.
MangrQves shall nQt be remQved except as provided herein. MangrQves may be pruned provided that the
pruning dQes nQt result in the death Qr decline €If the mangrQve and is in cQmpliance with state law. A
permit may be issued for the remQval €If a mangrQve tQ prQvide access tQ a dock Qr pier when there are nQ
practical Qr permitable alternatives.
SECTION 54-3-14.5 PROHIBITED AND UNDESIRABLE EXOTIC VEGETATION.
All prohibited and undesirable eXQtic vegetatiQn must be remQved by the develQper Qr property Qwner at the
time €If clearing, cQnstructiQn Qr redevelQpment. PrQhibited and undesirable eXQtic vegetatiQn shall nQt be
used tQ meet the tree Qr landscape requirements €If the Land DevelQpment CQde. PrQhibited and undesirable
eXQtic vegetatiQn may be remQved withQut a permit after receiving verificatiQn frQm the Building DirectQr.
Under nQ circumstances shall any €If the fQlIQwing seven (7) five (5) tree species be deliberately intrQduced
intQ the city and planted €In public Qr private prQPerty. Any such actiQn shall be deemed a viQlation €If this
article and shall be cause for assessment €If penalty and damages fQr subsequent remQval against said
viQlator.
1. Ear Tree (EnterQIQbium !<Gyclocarpum);
2. Chinaberry (Melia ~edarch);
3. Australian Pine."'. (Casuarina QSpp);
4. Punk Tree Qr Cajeput Tree."'. (Maleleuca j!Auinquernervia Qr Maleleuca ll,euadendrQn);
5. Brazilian Pepper": (Schinus !+erebinthifQlius)~,
6. CarrQtwQQd* (CupaniQtQsis anacardiQides.
7. Chinese TallQw Tree* (Sapium sebiferum)
* State Prohibited
SECTION 54-3-14.6
RESIDENTIAL LANDSCAPING REQUIREMENTS.
All areas €If residentiallQts nQt cQvered by a building Qr imperviQus surface shall be grassed, sQdded, QW
seeded except fQr landscaped areas including protected existing natural vegetatiQn. Landscaped areas Shal~
Land DevelDpment Code Page XIV-3
6/2120034:20 PM6/2/-2093 2:51 PMe/12/2002 9:00 j\M
City €If Sebastian
I
Chapter III: Perfonnance Criteria
Article XIV: Tree Protection and Landscaping
be mulched or planted with a ground cover to prevent soil erosion. Water bodies such as lakes, ponds,
wetlands, or waterways are exempt from this requirement.
SECTION 54-3-14.7 RESIDENTIAL TREE REQUIREMENTS.
A. Required Trees
1. All residential lots shall have the following minimum number of trees:
Lot Size (SQ. Ft.)
Minimum Number of Trees
less than 10,000
10,000 to 15,999
16,000 to 19,999
20,000 to 29,999
30,000 to 39,999
40,000 or more
five trees (three native)
seven trees ( four native)
twelve trees ( six native)
fifteen trees (eight native)
eighteen trees (nine native)
twenty trees (ten native)
2. Trees that are added to a lot in order to satisfy the minimum tree requirements for the lot
shall be equal to Florida grade number 1, or greater, utilizing the nursery standards
established by the State of Florida, Department of Agriculture and Consumer Affairs.
3. The City Council may approve by resolution a list of trees that shall may be used to meet
this requirement.
4. The City will encourage the planting of the following desirable trees due to their tolerance to
a variety of soil conditions. enhancement of aesthetic value and natural canopv and shade.
a. Bald Cypress (Taxodium distichum
b. Live Oak (Ouercus mvrtifolia) - not desirable to plant near sentic tanks
c. Laurel Oak (Quercus laurifolia) - not desirable to plant near sentic tanks
d. RedMaple (Acerrubrum)
e. Slash Pine (Pinus elliottii)
f. Southern Magnolia (Magnolia grandiflora)
g. Southern Red Cedar (Juniperus silicicola)
5. The City will discourage the planting of the following undesirable trees due to the
intolerance of the climate extremes. the tendencv to spread unrestrained. and the minimal
canopv and shade cover.
a. Oueen Palm (Svagrus romanzoffiana)
b. Roval Palm (Rovstonea spp)
c. Roval Poinciana (Delonix regia)
d. Umbrella (Schefflera) tree (Schefflera actinonhvlla
e. Oleander (Nerium oleander) - poisonous
B. Limitations. Each tree except citrus trees must have a minimum height of eight (8) feet and have a
minimum diameter of one and one-half (1 \I,) inches or a circumference of 4.7 inches DBH.
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Land Development Code Page XIV-4
6/2/2003 4:20 PM~f:2f:2003 2:51 P-M~/12120Q;! 9:00 AM
City of Sebastian
I
Chapter ill: Performance Criteria
Article XIV: Tree Protection and Landscaping
Citrus trees may be used, provided that none is less than four (4) feet in height and the number shall
not exceed three (3) or comprise more than twenty-five (25) percent, whichever is greater, of the
required minimum number of trees on the lot.
If palms are used (Oueen oalms are undesirable for this reauirement), they shall constitute no more
than thirty-five (35) percent of the total tree requirement and shall have a minimum of six (6) feet
of clear wood.
C. Tree Credits. All existing trees that meet the following criteria may be applied towards meeting
the minimum number of trees as required in subsection (I) above.
I. Existing trees.
Size Credit
2" -4" dbh I tree
Over 4" -10" dbh 2 trees
Over 10" - 20" dbh 3 trees
Over 20" dbh 5 trees
2. Sabal oPalm trees may be utilized on a one-for-one credit basis.
3. To encourage tree-lined streets, new trees, other than palms, planted in the front yard
setback shall receive credits as outlined above. No more than two trees may be used for this
requirement.
D. Certificate of Occupancy. The required number of trees shall be planted prior to the issuance of a
certificate of occupancy for new residences. Each lot owner where a residential unit is located
must maintain on the lot a sufficient number of trees to comply with the requirements in this
section. Any tree which dies must be replaced within six months. The failure to maintain the
number of trees required by this section shall constitute a violation of this article and shall subject
the violator to the penalties as prescribed in section 1-10 of the City Code of Ordinances.
E. Mainteuance Requirements. Landscape areas shall be permanently maintained including
watering, weeding, pruning, trimming, edging, fertilizing, insect control, and replacement of plant
materials and irrigation equipment as needed to preserve the health and appearance of plant
materials.
Maintenance of landscaping shall be the responsibility of the owner, tenant or agent, jointly and
severally. Said landscaping shall be maintained in a good condition so as to present a healthy, neat
and orderly appearance. All landscaped areas shall be kept free of weeds, refuse and debris.
If at any time after issuance of a certificate of occupancy or other form of approval, the landscaping
of a development to which this article is applicable is found to be in nonconformance, the Building
Director shall issue notice to the owner that action is required to comply with this section and shall
describe what action is required to comply. The owner, tenant or agent shall have thirty (30) days
to restore the landscaping as required. If the landscaping is not restored within the allotted time@
such person shall be in violation of this code, the puuishment for which shall be as provide '\
pursuant to section 1-10 of the City of Sebastian Code of Ordinances. '1-
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Chapter ill: Performance Criteria
Article XIV: Tree Protection and Landscaping
SECTION 54-3-14.8 RESIDENTIAL TREE REMOVAL, GRUBBING, AND LAND CLEARING
PERMITS.
A. Grubbing. The application for a grubbing permit shall be filed with the Building Department on
forms furnished by the Building Director. The application shall include a copy of the recorded deed
indicating the current owner.
The staff shall then inspect the site for protected trees, historic trees, specimen trees, or mangroves
and gopher tortoises. If gopher tortoises are found, the applicant shall be required to obtain the
necessary permits from the State of Florida.
A grubbing permit does not authorize the lema'lB.lthe removal of any protected, specimen, or I
historic trees, or mangroves.
B. Tree Removal and Land Clearing Permit. All single family and duplex residential lots are
required to obtain a permit for protected tree removal, grubbing or land clearing. The application for
such a permit shall be filed with the Building Department on forms furnished by the Building
Director. Any applicatio!1flt for a protected tree removal, grubbing or land clearing permit must
submit a plot/site plan showing the location of all protected, specimen and historic trees and provide
the cilY with reasonable assurances of comoliance with the minimum tree reauirements and the
protection of historic or specimen trees ormangroves. 8I1E1 .,.lhieh pr-evides the eity with reasonable
aOSlffilHeos af eemfllillRee \vith #le mini_ tree FOljHiF_ts lIREI the pr-etoetisB sf RioteRS er
SfleeimClB trees ar FBlIDgFeves.
The plot/site plan that is submitted with an application for a protected tree removal, grubbing or
land clearing permit shall include as a minimum the following information:
I. Location of all present and proposed structures, driveways, parking areas and other planned
areas;
2. Location and kind of all protected trees, all specimen trees and all historic trees.
3. Recorded deed indicating the current owner.
4. Species and size of trees to be removed.
The staff shall then inspect the site for protected trees, historic trees, specimen trees, or mangroves
and gopher tortoises (for grubbing or land clearing). If gopher tortoises are found, the applicant
shall be required to obtain the necessary permits from the State of Florida. Permits for the removal
of any historic trees, specimen trees, or mangroves shall be obtained.
The following criteria for removal of protected trees shall be used:
I. Necessity to remove trees which present a hazard ar other unsafe condition to people,
vehicular traffic or threaten to cause disruption to public services or public easements.
2.
Necessity to remove trees which present a hazard to structures.
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tlmpter ill: Performance Criteria
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3. NecessityJo remove diseased or fallen trees or trees weakened by age, stonn, or fire.
4. The extenj: to which tree removal is likely to result in damage to the property of others,
public or private, including damage to lakes, ponds, streams or rivers, drainage canals or
swales.
5. i Proposed lapdscaping improvement including 'plans whereby the applicant has planted or
will plant lrl'es to replace tho!!e that are proposed to be cleared.
6. Good forestry practices; i.e., the number of healthy trees that a given parcel of land will
support.
7. Necessity to remove trees in order to construct propo$ed improvements to allow economic
use of the property, including:
a. Need for access around 1he proposed structure fflr construction equipment (maximum
often (10) feet).
b Need for access to the building site for constructbn equipment.
c. Essential grade changes.
8. Use of tile l!lfld as pcullitted by the awlieable illlfliflgl1lgHlatisflG.
9. The ""teat of """. damage ar hardGhijl whieh "'puld ..suit to the !Ifllllisll1lt Ifam a deRial sf
the r""'tUssled permit.
Upon making a finding that at least one of the aboy~ criteria is met, the Building Director shall
issue a land clearing permit for the removal of a prote~ted tree.
Applicant shall post a copy of the permit at the site prior to commencement of grubbing, tree
removal or land clearing.
SECTION 54-3-14.9 COMMERCIAL TREE REQUIRIlMENTS.
All multi-family, commercial, industrial and institutional sites sl\1ll meet the following requirements.
A. Trees along public streets. One tree for each twenty-file (25) lineal feet or fraction thereof along
all public streets, with a minimum of two (2) trees on any \pe street frontage.
B. Tree requirement along perimeter not adjacent to thelight-of-way. One tree for each fuirty-
five (35) lineal feet or fraction thereof of the perimeter of~property not adjacent to public streets.
C. Tree requirements for off-street parking areas. There Silll be one (1) tree for every five (5)
parking spaces or fraction thereof.
D. Tree specifications for open space. Open space shall inc1ude,II required open space in this code,
as identified in 1he approved site plan. Such open space area~1 not include water areas. This
requirement may be modified or waived by the Planning and ~ning Connnission for open ar
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Chapter ill: Performance Criteria
Article XIV: Tree Protection and Landscaping
that are inappropriate for the introduction of trees. There shall be one (1) tree per 2000 sq. ft., or
portion thereof, of open space
E. Location of tree plantings. Trees, as required above, should be spaced in clusters or situated in
strategic locations consistent with good principles of desigo and plant installation with
consideration for utilities, stormwater management, and potential root damage to sidewalks and
vehicular areas.
F. Credit for existing trees. Credit shall be granted for exceptional quality trees which are preserved
on a site and which meet the tree requirements of any landscaping provision of this article. All
existing trees that meet the following criteria may be applied towards meeting the minimum number
of trees as required in this section.
1. Existing Trees.
Size Credit
2" - 4" dbh I tree
Over 4" - 10" dbh 2 trees
Over 10" - 20" dbh 3 trees
Over 20" dbh 5 trees
2. Palm trees may be utilized on a one-for-{)ne credit basis (Oueen palms are undesirable for this
reQuirement) .
Exceptional quality shall be judged on the basis of such factors as extraordinary size of tree,
vigorous health, large canopy cover, historic value, rareness, and age. No credit will be
granted for preserved trees which are classified as undesirable, are extremely poor specimens
or which are in declining health.
SECTION 54-3-14.10. COMMERCIAL TREE REMOVAL, GRUBBING, AND LAND
CLEARING PERMITS
All multi-family, commercial, institutional and industrial zoned lots are required to obtain a permit for tree
removal, grubbing or land clearing.
A. Grubbing. The application for a grubbing permit shall be filed with the Building Department on
forms furnished by the Building Director. The application shall include a copy of the recorded deed
indicating the current owner.
The staff shall then inspect the site for protected trees, historic trees, specimen trees, or mangroves
and gopher tortoises. If gopher tortoises are found, the applicant shall be required to obtain the
necessary permits from the State of Florida.
A grubbing permit does not authorize the removal of any trees.
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B.
Tree Removal and Land Clearing. The application for a tree removal permit or land-clearing
permit shall be filed with the Building Department concurrent with an application for a
development order permit. Any applicant for a tree removal or land clearing permit must include an
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Chapter ill: Performance Criteria
Article XIV: Tree Protection and Landscaping
approved site plan showing the location of all protected, specimen and historic trees andlor
mangroves which are to be removed or retained. The removal of an historic tree requires approval
by the City Council. The application shall also contain information required to assure compliance
with SECTION 54-3-14.14. Tree Protection Standards.
The staff shall then inspect the site to confirm the location of all protected trees, historic trees,
specimen trees, or mangroves and gopher tortoises (for land clearing). If gopher tortoises are found,
the applicant shall be required to obtain the necessary relocation permits from the State of Florida.
The following criteria for removal of any protected, specimen. historic or mangrove trees shall be
used:
1. Must be removed in order for the applicant to use the property for any permitted,
conditional or special use approved for the zoning district in which the property is located
and that such a use could not be made of the property unless the tree is removed.
2. That the conditions of the tree with respect to disease, danger of falling or interference with
utility services is such that the public health, safety or welfare require its removal. When
there is a question of tree hazard, the Building Director may require documentation from
an arborist who has been certified by the International Society of Arboriculture.
3. That the tree or tree roots are causing, or threaten to cause, damage to any main structure
on the owner's property.
4. Necessity to remove trees which present a hazard or other unsafe condition to people,
vehicular traffic or threaten to cause disruption to public services or public easements.
5. Necessity to remove trees which present a hazard to structures and utilities.
6. Necessity to remove diseased or fallen trees or trees weakened by age, storm, or fue.
7. The extent to which existence of the tree is likely to result in damage to the property of
others, public or private, including damage to lakes, ponds, streams or rivers, drainage
canals or swales.
8.Pi'8IlElSea hrnaseGjling iffiJlfEl'femeHt inelHamg 1l1ans ,,:hereby the GjllllielH!t hos Illantea Elf will
fllant tr-ees IEl Felllaee these that are flrElflElsed tEl be cleared.
~8. Topography of the land and the adverse impact of tree removal on erosion, soil retention
and the diversion or increased flow of surface water, which is necessary to use the land
while conserving natural resources.
w'9. Necessity to remove trees in order to construct proposed improvements to allow economic
use of the property, including:
a.
Need for access around the proposed structure for construction
(maximum of ten (10) feet).
Need for access to the building site for construction equipment.
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b.
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Chapter Ill: Performance Criteria
Article XIV: Tree Protection and Landscaping
c. Essential grade changes.
11. Use efthe land as !leu,titled Ily tile 9Jl!llie61lIe wning regulGliSfls.
12. The ellleBt sf any damage ar har~ '::BieR wsuJa reSHlt ts the 9Jl!lliellflllFem 6 deRial sf
tile reEjUested !leffilit.
Applicant shall post a copy of the permit at the site prior to connnencement of grubbing, tree
removal or land clearing.
SECTION 54-3-14.11 COMMERCIAL LANDSCAl'ING REQUIREMENTS.
A. General Requirements for Landscaped Areas. Landscaped areas shall include a combination of
the following types of materials: trees, sbrubs, annuals and/or peretUlial plants, vines, and/or
ground cover. No more than fifty (50%) percent grass shall be used in the landscape area. The use
of existing native vegetation including groillld cover, sbrubs, and trees, is strongly encouraged.
These standards shall also be used in conjilllction with the installation of the required interior
landscape off-street parking requirements established in Section 54-3-14.11.C(1).
The following are common planting design concepts that should be implemented whenever
possible:
I. Trees used in informal groupings and rows at maj or focal points.
2. Extensive use of flowering vines both on walls and arbors.
3. The use of planting to create shadow and patterns against walls.
3. Trees to create canopy and sbade, especially in parking areas.
4. The use of flowering trees in informal groups to provide color.
5. Informal massing of colorful plantings.
6. Use of distinctive plants as focal points.
7. Berms, plantings, and low walls to screen parking areas from view of public right-Qf-way
while allowing filter views oflarger buildings beyond.
8. The use of trees and plantings to reduce the apparent mass of a building.
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Inanimate materials commonly used in landscaping such as, but not limited to organic mulches,
rocks, pebbles, walls and fences, but excluding paved surfaces, may also be utilized in landscaped
areas. Pervious, decorative paving materials and brick pavers may be used in the form of walkways
or driveways through landscaped areas; however, off-street parking area paved with such materials
shall not be considered landscaped areas. All landscape areas shall be covered by a minimum of
seventy-five (75) percent living plant material prior to issuance of the certificate of occupancy.
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Chapter ill: Performance Criteria
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If an existing landscape s1rip is provided on the adjacent lot, the required landscape s1rip may be
reduced to five (5) feet in width upon the recommendation of the Planning and Growth
Management Director and approval of the Planning and Zoning Connmssion.
B. Perimeter landscape strip. A landscape s1rip shall be provided on the entire perimeter of all
multi-family, commercial, indus1rial and institutional property, except properties with zero (0) foot
setbacks. The landscape s1rip shall be a minimum of ten (10) feet in width; however, property
having a width or depth of fifty feet or less, the required landscape s1rip may be reduced to five feet
in width. Necessary accessways from public right-of-ways or adjacent parcels through such
landscape s1rip shall be permitted. Landscape s1rips located in easements may be adjusted upon the
recommendation of the Planning and Growth Management Director and City Engineer.
Any combination of hedges, landscaped berm or ground cover shall be planted or installed along the
entire length of each required landscape s1rip. In all multi-family residential or commercial
dis1ricts, the barrier, hedge, or landscape berm shall be a minimum of four (4) feet in height; except
in commercial dis1ricts, where the barrier, hedge or landscaped berm along street rights-of-way shall
be a minimum of three (3) feet in height. In addition, there shall be a minimum of one (I) shrub for
each six (6) lineal feet of the required landscape s1rip. Said shrubs may be planted in groupings.
When the required perimeter landscape s1rip coincides with a required off-street parking or parking
lot landscaping s1rip, the perimeter landscaping requirements shall prevail, except a continuous
hedge shall be required. In no case shall a landscape s1rip be required to exceed ten (10) feet in
width.
C. Interior landscape requirements.
I. Off-street parking areas. Off-street parking areas shall be landscaped with a minimum of
fifteen (15) square feet oflandscape area for each parking space. Each landscape area shall
be a minimum of fifty square feet in size.
2. Use of Interior landscape strips. Interior parking landscaping shall, insofar as possible,
be used to delineate and guide major traffic movement within the parking area and to
prevent cross space driving wherever possible. Landscaping dividing s1rips, with or
without walkways, shall be used to subdivide parking areas into parking bays with not more
than thirty (30) spaces, provided that no more than fifteen (IS) spaces shall be in an
uninterrupted row. A portion of the required landscaping for interior parking spaces may
be relocated so as to emphasize entrance corridors or special landscaped areas within the
general parking area.
D. Parking Lot Landscaping Reqnirements:
Landscaping shall be provided around the perimeter of off-street parking areas, loading areas, or
other vehicular use areas pursuant to the following standards:
1.
A landscape s1rip at least 10 feet in width shall be located between the abutting prop~rty
lines and parking, loading or other vehicular use area except where permitted driveway J...1...
openings are to be provided. Where drainage or other utility easement exist along prop ):.J
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Chapter ill: Performance Criteria
Article XIV: Tree Protection and Landscaping
lines, the landscape strip shall be located between the parking, loading or other vehicular
use area and the utility or drainage easement. Landscape strips located in easements may
be adjusted upon the recommendation of the Planning and Growth Management Director
and City Engineer.
2. A hedge shall be planted within the landscape area and shall be a minimum of three (3) feet
in height and form a solid and unbroken visual screen immediately upon planting.
3. Parked vehicles may overhang a landscape strip no more than twenty-four (24) inches,
provided curbing or other wheel stops are installed to insure no greater overhang of the
landscape strip. Landscaping, walls, fences, and earthberms shall be so located as to
prevent their damage and/or destruction by overhanging vehicles.
E. Specifications for living plant materials:
I. Trees: Immediately after planting, all trees shall be a minimum of eight (8) feet in height,
have a minimum diameter of one and one-half (1 Yz) inches or a circumference of 4.7 inches
DBH, and shall have a minimum of five (5) feet of clear trunk space if necessary to
preserve a safe sight distance for traffic safety. Trees shall be of a species having an
average mature crown of greater than twenty (20) feet and having trunks that can be
maintained with over six (6) feet clear wood. Trees or palms having an average mature
crown spread ofless than twenty (20) feet may be substituted by grouping the same so as to
create the equivalent of a twenty-foot (20) crown spread. Such a grouping shall count as
one tree toward meeting the tree requirement for any provisions herein.
Fifty (50) percent of the trees shall be native and drought tolerant.
Ifpalms are used, they shall constitute no more than thirty-five (35) percent of the total tree
requirements for any provisions herein and shall have a minimum of six (6) feet of clear
wood.
No tree species shall account for more than fifty (50) percent of the total number of trees.
2. Shrubs and hedges. Shrubs and hedges shall be used to complement the tree planting.
Individually planted shrubs shall be a minimum of twenty-four (24) inches in height
immediately after planting. Shrubs planted for required hedges shall meet the minimum
height requirements as established in 54-3-14.11(B) immediately after planting.
Additionally, the City encourages and highly recommends all shrubs and hedges be planted
in off-set rows in order to create a more immediate visual barrier.
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3. Gronndcovers. Groundcovers are plants that normally reach a mature height of no more
than 24 inches. Rooted cuttings from flats shall be planted no more than 12 inches on
center, and containerized woody shrub groundcovers shall be planted no more than three
(3) feet on center. Groundcovers shall be planted in such a manner as to present a finished
appearance and one hundred (100) percent coverage within one year after the issuance of
the certificate of occupancy.
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Chapter III: Performance Criteria
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4. Vines. Vines shall be a minimum Qf thirty (30) inches in height immediately after planting
and may be used in conjWlctioo with fences, screens and walls to meet physical barrier
requirements.
5. Lawn grass. Grass areas shall be planted in species normally grown as permanent lawns
in the vicinity of the City of Sebastian, Florida. Grass areas may be sodded, plugged,
sprigged or seeded except that solid sod shall be used in swales or other areas subject to
erosion. When grass seed is sowed it shall be a variety of seed that produces complete
coverage within ninety (90) days from sowing.
6. Quality. All plant materials shall conform to standards for "Florida No. I" or better, as
stated in "Grades and Standards for Nursery Plants," Part I (1973) and Part II (1975), State
of Florida, Department of Agriculture and Consumer Affairs, as amended. Grass sod shall
be clean and reasonably free of noxious pests or diseases.
7. Synthetic plants. Synthetic or artificial material in the form of trees, shrubs, groWld covers
or vines shall not be used in lieu of plant requirements in this article.
F. Existing Native Vegetation. The site plan shall include a descriptioo of the existing, natutal
vegetation. The natutal vegetatioo should be incorporated into the landscape plan. Where such
natural vegetation is to be used, protective barriers shall be installed prior to land clearing.
G. Protection of Landscape Strips. All landscape strips shall be protected from vehicular
encroachment by raised curbing. Where such strips abut parking stalls, raised wheel stops shall be
required to protect the landscape strips.
H. Berms. Berms are encouraged for use in meeting the landscape barrier requirements of this article.
If berms are utilized, they shall be landscaped with living plant material to achieve the required
heights.
I. Maintenance Requirements. Landscape areas shall be permanently maintained including
watering, weeding, prWIing, trimming, edging, fertilizing, insect control, and replacement of plant
materials and irrigation equipment as needed to preserve the health and appearance of plant
materials.
Maintenance of landscaping shall be the responsibility of the owner, tenant or agent, jointly and
severally. Said landscaping shall be maintained in a good condition so as to present a healthy, neat
and orderly appearance. All landscaped areas must be equipped with an irrigation system approved
by the city engineer. All landscaped areas shall be kept free of weeds, refuse and debris.
If at any time after issuance of a certificate of occupancy or other form of approval, the landscaping
of a development to which this article is applicable is fOWld to be in nonconformance, the Building
Director shall issue notice to the owner that action is required to comply with this section and shall
describe what action is required to comply. The owner, tenant or agent shall have thirty (30) days
to restore the landscaping as required. If the landscaping is not restored within the allotted time,
such person shall be in violation of this code, the punishment for which shall be as provided
pursuant to section 1-10 of the City of Sebastian Code of Ordinances.
SECTION 54-3-14.12 COMMERCIAL LANDSCAPE PLAN REQUIREMENTS.
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Chapter ill: Performance Criteria
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A. Landscape plan components. A landscape plan shall be submitted to and approved by the Growth
Management Department as part of the site plan application. The landscape plan shall contain the
following:
1.
Name, address and phone number of the owner and landscape architect or other person
with similar qualifications in the field of landscape design.
2.
North arrow, scale and date; minimum scale of one inch equals fifty (50) feet.
3.
Property lines, easements and rights-of-way with internal and property line dimensions.
4.
Location of existing or proposed underground and overhead utility service.
5.
Location and size of any existing or proposed structures.
6.
Location and size of any existing or proposed site features, such as earthen mounds,
swales, fences, walls and water areas.
7.
8.
Location and size of any existing or proposed vehicular use areas.
Location and size of any existing or proposed sidewalks, curbs and wheel stops.
9.
A description of the irrigation system as required by Section 54-3-14.13.
10.
Calculations of required type, dimensions and square footage of landscape material and of
required landscape areas, including: total site area, parking areas, percentage of
nonvehicular open space, perimeter and interior landscape strips, and required number of
trees.
11.
Location, dimensions and square footage of required landscape areas.
12.
Location, name, height and size of all existing plant material to be retained.
13.
Location, size, height and description of all landscape material including name, quantity,
quality, spacing and specified size and specification of all plant material.
14.
Height, width, type, material and location of all barriers of nonliving material.
15.
Location, dimensions and area oflandscaping for freestanding signs.
16.
Show all landscaping, buildings or other improvements on adjacent property within five (5)
feet of the common property line.
17.
If the site has been filled, identify what soil improvements will be implemented to ensure
the viability of the landscaping.
The landscaping plan shall be drawn by a landscape architect or other person with
comparable qualification in the field oflandscaping.
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Chapter ill: Performance Criteria
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B. Review and approval procedure. Landscape plans shall be reviewed and approved at the time of
site plan approval. A representative of the Planning and Growth Management Department shall
inspect all landscaping and the certificate of occupancy shall not be issued until the landscaping is
completed in accordance with the approved site plan and the requirements of this section.
SECTION 54-3-14.13 COMMERCIAL IRRIGATION STANDARDS.
All multi-family, commercial, industrial, and institutional sites shall provide a permanent irrigation system
for all landscape areas.
A. All irrigation systems shall be designed to avoid surface runoff, overspray, or similar conditions
where water flows onto adjacent property, non-irrigated areas, walks, roadways, or stroctures.
B. Irrigation systems shall use drip, trickle, low flow sprinkler heads or any other recognized method
of low volume, high efficiency irrigation and shall be designed to apply water uniformly over the
irrigated area.
C. Irrigation systems design flows shall meet peak irrigation requirements of the plant material.
D. Sprinkler spacing should not exceed manufacturer's recommendations.
E. Special attention shall be given to avoid erosion due to runoff on slopes.
F. Rain sensing override devices shall be required on all automatic irrigation systems. Soil moisture
sensing devices are encouraged.
G. For those sites where the installation of reclaimed water system is feasible and meets all regulatory
requirements, such a system shall be installed. Where such reclaimed water is not available, well
water should be used. Any irrigation system connected to the drinking water supply shall have a
cross connection devices approved by the Indian River County Utilities Department.
H. Irrigation shall only occur during those times permitted by the City of Sebastian and the St. Johns
River Water Management District.
I. A maintenance plan shall be provided.
SECTION 54-3-14.14 TREE PROTECTION STANDARDS.
A. Application before certain activities; removal of undesirable trees; provision of homeowner's
packet; replacement of certain trees. Prior to grubbing, land clearing or removing any protected
and specimen trees within the city limits of Sebastian, a person shall make application to the
Building Department for the appropriate permit.
All prohibited or undesirable exotic trees must be removed by the developer at the time of clearing.
The department shall provide to each permit applicant a "homeowner's packet" that includes, at a
minimum, information and techniques relating to the protection of trees during land preparation for
constroction or constroction activities. The owner of the lot must sign the application which
acknowledges receipt of a "homeowner's packet" regarding tree protection.
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Chapter ill: Performance Criteria
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All protected trees, specimen trees and historic trees destroyed or removed without a permit shall be
replaced by two Ii ~ with a minimum height of twelve (12) feet.
The cost of replacing protected, specimen or historic trees shall be incurred by the party responsible
for the removal or destruction.
Violation of any of the provisions of this article or the conditions of a permit issued hereunder shall
be unlawful. Any person and/or legal entity violating any of the provisions of this article or the
conditions of a permit issued hereunder shall, upon conviction, be punished as provided in Section
1-10 of the Code of Ordinances.
B. Tree Protection Barricades. Prior to development or construction activity, the developer shall
erect suitable brightly colored tree protection barricades, a minimum four feet tall, around all trees
to be preserved and shall remain in place until the construction activities are completed. The area
within the tree protection barricade shall remain free of all building materials, dirt or other
construction debris, vehicles and development activities. Barricades shall be erected at a minimum
distance from the base of the trees to be preserved, historic trees and specimen trees according to
the following standards:
1. For trees ten (10) inches or less DBH. Tree protection barricades shall be placed a
minimum distance offive (5) feet from the base of each tree to be protected.
2. For trees greater than ten (10) inches DBH. Protective barricades shall be placed at a
minimum distance often (10) feet from the base of each tree to be protected.
3. For Historic and specimen trees. Protective barricades shall be placed at a minimum
distance of ten (10) feet from the base of the historic or specimen tree plus an additional
one (1) foot for each additional inchDBH greater than ten (10) inches.
Changes to grade or construction of impervious surface or utilities within the required protective
barricade shall be permitted subject to the following guidelines:
1. Changes in grade or construction within the protected rone must be approved by the
Building Director prior to beginning construction. Plans must be submitted which illustrate
in detail protective measures necessary to protect the trees.
2. Impervious surfaces shall maintain minimum clearance from the bases of all trees to be
protected. Trees fifteen (15) inches DBH or less shall have a minimum clearance of six (6)
feet. Trees over fifteen inches DBH up to twenty (20) inches DBH shall have a minimum
clearance of nine feet. Historic and specimen trees shall have a minimum clearance of
twelve (12) feet.
3. AIl roots outside the protective barricade to be removed during construction shall be
severed clean.
4.
AIl pruning of historic and specimen trees shall be done by a qualified tree service during
construction.
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Land Development Code Page XIV-16
6/2/2003 4:20 PM612iZ093 2:51 PMei1Z,'200Z 9:09 .'IM
City of Sebastian
I
Chapter III: Performance Criteria
Article XIV: Tree Protection and Landscaping
C. Restriction of attachments to historic or specimen trees. It shall be Wllawful to attach anything
to a protected, historic, or specimen tree other than supportive wires, braces or other similar
noninjurious materials.
D. Removal of material or ground prohibited. It shall be unlawful to remove any material or
groWld within a ten (10) foot radius of any protected, historic or specimen tree.
E. Restriction as to harmful materials. The developer or property owner shall not cause or allow
the disposal of waste material such as paint, oil, solvents, asphalt, concrete, mortar or any other
material harmful to the life of a protected, specimen or historic tree within the dripline of such tree
or groups of trees.
SECTION 54-3-14.15 EXEMPTIONS TO TREE PROTECTION STANDARDS.
A. During the period of any emergency proclaimed by the governor of the State of Florida, the City
COWlcil of the City of Sebastian or the mayor of the City of Sebastian as provided within the City
Charter, all requirements of this article may be temporarily suspended by the City Manager for the
period of time required by private or city work forces to remove hazardous trees or clear public
thoroughfares.
B. All properly licensed plant or tree nurseries shall be exempt from the provisions of this article only
in relation to the trees growing on the premises of the nursery and so planted or growing for the sale
or intended sale to the general public in the ordinary course of the licensee's business.
SECTION 54-3-14.16 SCREENING AND BUFFER YARD REQUIREMENTS.
A. Required screening of abutting residential and nonresidential uses. In order to maintain
stability of residential areas, nonresidential development within or abutting residential districts and
multiple-family development abutting single-family residential districts shall provide a wall, fence,
landscaped earth berm, planted vegetation, or existing vegetation, or any combination thereof so as
to provide a continuous ninety (90) percent opaque solid screen not less than five (5) feet in height
to form a continuous screen along such abutting property lines. In addition, one tree shall be
provided for each twenty-five (25) lineal feet or fraction thereof of such landscape barrier.
Notwithstanding, all developments shall comply with the landscape requirements of this code.
Where a conflict exists with the standards of this paragraph, the more restrictive requirement shall
prevail.
Credit may be given for existing plant material against the requirements of this section.
Adjustments may be rendered by the Planning and Zoning Commission to the requirements of this
paragraph based on demonstrated need by the applicant.
The site plan applicant and successors in ownership shall maintain the continuous screen in
perpetuity.
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Land Development Code Page XIV-I?
6/2/20034:20 PM6/2/2(0) 2:51 PM6/12/2992 9:00 .'\M
City of Sebastian
I
Chapter ill: Performance Criteria
Article XIV: Tree Protection and Landscaping
B. Applicability of Screenings. Anyone of the following types of screening may be required by the
Planning and Zoning Connnission or City COIIDcil during the site plan review process, for the
purpose of minimizing the impact of potentially objectionable areas such as parking lots, major
thoroughfares, unsightly rear entrances, utility or maintenance structures, solid waste disposal
facilities, loading facilities and swimming pools and active recreational areas. Screening may also
be required where land uses of different intensities are located in close proximity to each other.
C. Description of screening types. Three (3) basic types of screening are hereby established: Type
"A", Opaque Screen; Type "BOO, Semi-Opaque Screen; and Type "COO, futennittent Screen.
1. Type "A" Opaque Screen. An opaque screen is intended to completely exclude all visual
contact between uses. The type "A" screen shall be completely opaque from the ground up
to a height of at least six (6) feet, with large trees utilized as intermittent visual obstructions
from the opaque portion to a mature height of at least twenty (20) feet. The opaque screen
may be composed of a wall, fence, landscaped earth berm, planted vegetation, or existing
vegetation, or any combination thereof which maintains a completely opaque screen of at
least six (6) feet in height. Compliance of planted vegetation screens or natural vegetation
will be judged on the basis of the average height and density of foliage of the subject
species at the time of planting, or field observation of existing vegetation. The six (6) foot
opaque portion of the screen must be opaque in all seasons of the year.
2. Type "B" Semi-Opaque Screen. The semi-opaque screen is intended to partially block
visual contact between uses. The type "Boo screen shall be completely opaque from the
ground to a height of at least three (3) feet, with large trees utilized as intennittent visual
obstructions from the opaque portion to a mature height of at least twenty (20) feet. The
semi -opaque screen may be composed of a wall, fence, landscaped earth benn, planted
vegetation or any combination thereof which maintains a completely opaque screen of at
least three (3) feet. Compliance of planted vegetative screens or natural vegetation will be
judged on the basis of average mature height and density of foliage of the subject species,
or field observation of existing vegetation.
3. Type "C" Intermittent Screen. The intennittent screen is intended to create the
impression of a separation of spaces without necessarily eliminating visual contact between
the spaces. The type "Coo screen shall utilize large trees having a mature height of at least
twenty (20) feet. The intermittent screen may be composed of fences, berms, and either
existing or planted vegetation. Compliance of planted vegetation screens or natural
vegetation will be judged on the basis of the average mature height and density of foliage of
the subject species, or field observations of existing vegetation.
D. General standards for screening and buffer yards. fu addition to the commercial landscape
requirements where the provisions of this ordinance require screening or buffering, the following
standards shall apply:
1.
Landscaped Buffer Strip Required. A landscaped buffer strip not less than ten (10) feet
in width shall be provided in conjunction with all screening required herein. The buffer
strip may be contained within required setbacks. Each buffer strip shall be landscaped with
ground cover (preferablY'native species) in addition to the required screening materials and
trees. The landscape strip shall contain no parking area or stormwater management.
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Land Development Code Page XIV -18
6/2/20034:20 PM6/2/1QQ3 2:51 PM6I12/2QQ2 9:00 .'I.M
City of Sebastian
I
Chapter ill: Performance Criteria
Article XIV: Tree Protection and Landscaping
2. Tree Plantings Required As Intermittent Obstructions. All screen types ("A", "B", or
"e") shall include one (I) tree for each twenty-five (25) lineal feet or fraction thereof of
screen length. Such trees shall satisfy the requirements for intermittent visual obstructions
for all types of screens.
The above trees are in addition to the trees required under the commercial tree requirements
above. All trees required by this provision shall be planted in the buffer strip. Trees shall
be planted to maximize screening effect.
3. Grading of Berms. Whenever berms are utilized, they shall be constructed with a grade
not to exceed one (I) foot vertical to three (3) feet horizontal (1:3 slope) with a four foot
wide flat top for plantiogs,,~ If berms are used in satisfying the screening and buffering
requirements, they shall be landscaped with plantwith plant material, preferably native, to
achieve the required heights.
4. Quality and Maintenance of Plant Materials. All plant materials utilized to fulfill the
requirements of this section shall be cold tolerant and shall meet criteria of section 54-
14.l1.E(6). of this ordinance. No plant species prohibited pursuant to section 54-14.5 shall
be permitted in satisfying requirements of this article. Synthetic or artificial material in the
form of trees, shrubs, vines, ground cover or artificial turf shall not be used in lieu of plant
requirements in this section. All landscape screening and buffering shall be maintained
pursuant to requirements of section 54-14.16 of this ordinance.
5. Credit Towards Other Required Landscaping. Where the landscaping provided under
this section meets the requirements of other provisions of this ordinance, such landscaping
may be credited toward fulfilling those requirements, with the exception of any required
recreational open space.
6. Front yards, Visibility Triangles. The above standards notwithstanding, no screening
shall be required which conflicts with front yard fence or wall height limitations or required
visibility triangles.
7. Maintenance. Landscape areas shall be permanently maintained including watering,
weeding, pruning, trimming, edging, fertilizing, insect control, and replacement of plant
materials and irrigation equipment as needed to preserve the health and appearance of plant
materials.
Maintenance of landscaping shall be the responsibility of the owner, tenant or agent, jointly
and severally. Said landscaping shall be maintained in a good condition so as to present a
healthy, neat and orderly appearance. All landscaped areas must be equipped with an
irrigation system approved by the city engineer. All landscaped areas shall be kept free of
weeds, refuse and debris.
If at any time after issuance of a certificate of occupancy or other form of approval, the
landscaping of a development to which this article is applicable is found to be in
nonconformance, the Building Director shall issue notice to the owner that action is
required to comply with this section and shall describe what action is required to complY.@.
The owner, tenant or agent shall have thirty (30) days to restore the landscaping as \
required. If the landscaping is not restored within the allotted time, such person shall be in l-\\
Laod Development Code Page XIV -19
612120034:20 PMIi';!/2GQ3 2:51 PM6112.'2GG2 9:00 AM
City of Sebastian
I
@
Chapter ill: Performance Criteria
Article XIV: Tree Protection and Landscaping
violation of this code, the punishment for which shall be as prQvided pursuant to section I-
10 of the City of Sebastian Code of Ordinances.
SECTION 54-3-14.17 TREE AND LANDSCAPE ADVISORY BOARD.
A. There is hereby created a Tree and Landscape Advisory Board, which shall provide advice to the
City Council as FO(j\lestea BY the C01...eil on care of trees and landscaping within city limits.oo-eity
pFeflelty, preservation of historic trees, proposed planting of trees or landscaping.LeB City pFoflerly,
maintain and enhance the urban forest and related resources. proposed amendments to this Tree
Protection and Landscape Ordinance, and such other matters as required or requested by the City
Council from time to time.
B. The Tree and Landscape Advisory Board shall consist of fiye regular members and two alternate
members. Each mernber shall be a resident of the City and shall be appointed by the City Council.
Members shall serve without compensation. All members shall be appointed to three-year terms.
c. Vacancies shall be filled by action of the City Council.
D. Meetings shall be held once each month at such places and times as determined by the Tree and
Landscape Advisorv Board and shall be open to the public. at SlIeR fllaees ami times as aotelnlinaa
BY tile City Celltleil ana shall Be OfleR te the flHBlie.
E. Mission Statement: To preserve. orotect. promote. and increase the natural canopy indigenous to
the City of Sebastian.
Land Development Code Page XIV-20
6/2/20034:20 PM6/2il0()3 2:51 PM6/1211()()19:()() AM
City of Sebastian
I
TO:
FROM:
DATE:
RE:
OIYCF
.SE~
~
---- - -
HOME OF PEUCAN ISLAND
1225 Main Street, Sebastian, FL 32958
(772) 589-5330
city@cityofsebastian.org
MEMORANDUM
The Mayor and Council
The Temporary Environmental Advisory Committee
June 13, 2005
June 22nd City Council Meeting
The Tem~rary Environmental Advisory Committee requests to be placed on the
June 22" agenda to discuss and request action/direction on the following items:
I. A letter of support signed by the Mayor for the hiring
of an Environmental Horticulture Agent in Indian River
County (White Paper)
II. Request the marking of City drains with medallions obtained
through a partnership with IRC and the City of Vere Beach.
Apply for grant monies from the Indian River Lagoon Licensing
Plate Funding Program to offset the City's cost.
III. Create a Landscape Subcommittee to strengthen the City's
tree ordinance.
05.130
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!3eekW,'ft,
White Paper
Introduction
In February of2oo3, the Indian River County Extension CEDlEnvironmental Horticulture Agent resigned.
When the vacancy was advertised, it was as a CED/Agriculture Agent rather than a CEDlEnvironmentaI
Horticulture Agent as it bad been for the past 9 years. Consequently, the Extension service bas not bad an agent
to assist the connty's nursery and landscape professionals.
We believe there is a strong need for an Environmental Horticulture Agent in this county and, baving reviewed
current Extension staffing and programs, do not feel this need can be met with existing staff: We feel that the
creation of a new position is necessary and in the connty's best interest both economically and environmentally.
Ideally, the new position would be a tenured staff position partially funded by the Univasity of Florida. The
current connty extension director, Christine KelIy-Begazo, bas bad conversations with UFIIFAS extension
administration and althongh they cannot promise that they would have their share of funding such a position, it
does look favorable given the current IF AS budget.
In the following pages, you will find documentation, which will support the need for an Environmental
Horticulture agent for Indian River County.
State and Regional Agricultural Economies
Environmental Horticuhure is the art and science of. "breeding, propagating, installing and
maintaining plants that are used to enhance and improve the human quality of life" and is significant
factor in the economic and ecological well being ofIndian River County. These impacts are going to
become more important as the county grows toward a more urban population as opposed to a more
rural one. Plants are a significant factor in amenity-based development and studies suggest a well-
landscaped property gains a seven- percent premium.
From 2000 to 2010, county population is projected to grow about 23% to 139,100. Increases
anticipated for the municipalities are:
Unincorporated County
Fellsmere
Indian River Shores
Orchid
Sebastian
Vern Beach
+15%
+45%
+33%
+216%
+35%
+ 2%
The combined impacts of increased population and the increases in agriculture land values will likely
resuh in a decrease in large-scale, traditional agriculture and an increase in environmental horticulture
as economic drivers in the county.
The U.S. Department of Agricuhure 2002 Census of Amculture reports that Indian River County had
480 farms and sold products with a market value of$116,913,000. .
Fruits, Nuts, Berries (mostly citrus and grapefruit)
All Livestock and Pouhry
All Other Crops (includes vegetables, melons,
potatoes, nursery and green house crops)
Market value of Products Sold '
$ 87,821,000
6,688,000
22.404.000
$116,913,000
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Irrigation and sprinkler contractors
Golf courses
Landscape and lawn maintenance companies
Wholesale and retail plant nurseries
Sod installers
Tree services
Total
57
9
609
118
5
67
865
The 2002 Census of ~icuhure showed 36 nurseries and greenhouses in the county. In November .
2004, there were 60 registered nurseries and 94 stock dealers in the county. This shows a significant
increase in just 2 years and it is projected to continue to grow based upon the fact that a higher profit
margin can be gained with ornamental crops on less land than with traditional agriculture. As land
becomes a limiting factor throughout the county, based upon decreased availability and increased cost,
more and more producers will turn to ornamental nurseries as a means to make a living.
The 2004 Florida Land Value Survey(see EOIS document FE545) defines transition land as
"agricultural land that is being converted or likely to be converted to nonagricultural uses as sites for
homes, subdivisions, and commercial uses". In 2004, Indian River County was designated the Vero
Beach Metropolitan Statistical Area and Indian River County is included in the South region' which
includes the following counties: Collier, Charlotte, Lee, Hendry, Glades, Manatee, Sarasota, De Soto,
Hardee, Rigl1lllnQs, Okeechobee, Martin and S1. Lucie. The strongest gains in land value in the State
were for transition lands in the South region. For Iands within 5 miles of a major town, one year
increases were 52% and for land more than 5 miles to a major town increases were 72%. Within the .
South region, the largest increases were in the Indian River area, Okeechobee County, and the Gulf
Coast counties. .
In comparing the ornamental plant industry to other segments of Florida agricuhure, EOIS document
FE 374 covering the period 1997 -2001 states, the "ornamental plant industry has continued to grow in
spite of the many pressures of urban expansion, land conversion, and environmental issues that have
adversely impacted other. segments of Florida agriculture thatrequire a large land area. Because the
value per acre of nursery crops is typically many times higher than any other kind of agricultural crop,
these crops are able to compete for scarce land resources with other land uses".
Ornamentals
All Farm Products
Citrus
Vegetables & Melons
Field Crops
Sugar Cane
Livestock Products
+ 4.1 %
- 0.8%
- 7.1 %
- 0.8%
- 0.5 %
+ 2.9%
+ 1.3 %
Impacts on Professional Client Groups
Since the departure of the Environmental Horticulture agent, there has been limited professional
expertise available to assist and inform the businesses engaged in Enviromnental Horticuhure. Based
on data from unincorporated Indian River County, Sebastian, and the City ofVero Beach, county
businesses that would benefit from the services of an Enviromnental Horticulture agent include:
@
".
In addition, the Environmental Horticulture agent could provide valuable expertise and assistance to
the many property management and condominium organizations as well as to the homeowner
associations in the county.
At the present time, routine requests for services from professional horticulture clientele are limited to
pesticide training. Other time consuming activities, such as site visits and educational outreach has
been kept to a minimum based upon the fact that there is no agent available to do this type of
progJ"'mming.
Impacts on Individual Residents
Gardening is America's most popular pastime. Even residents who don't want to do it themselves
appreciated the beauty and sense of peace and contentment a well maintained Jann"". can produce.
Thousands choose to move to Indian River County each year attracted by the beauty and quality of life,
Most are nnmmiliar with subtropical gardening or with the management practices needed to create an
aesthetically pleasing yet environmentally friendly landscape, which protects the valuable and often
unique natural resources of the county.
Creation of an Environmental Horticulture Agent position would enable the UF Indian River County
Extension Service to, once again, provide unbiased, research based programming and expertise on best
m"nagement practices for Florida yards to homeowners and professionals alike.
Conclusion
Due to the changing mban-rural inter:6tce, a strong Environmental Horticulture program is essential to
the quality of life currently enjoyed in Indian River County. It is in the county's best environmental
and economic interests to support this type of extension progr"mming due to the many factors involved
with increasing population and its changing dynamics. The current staffing and technical makeup of
the UF Indian River County Extension Service is limited in how they can address these factors and
how they .can assist in the area of environmental horticulture. It is hoped that with the statements and
data that we have provided in this white paper, the county will be able to address this situation and help
us find a solution to this challenge.
Resources
What is Environmental Horticulture
http://hort.ifas.utledulaboutuslwhatis.htm
Indian River Planning Department
Indian River Chamber of Commerce
Nonallricultural Demand Causes Agricultural Land Values to Increase. EDIS document FE545,
Published April 2005, Dept. Of Food and Resomce Economics. Author: John E. Reynolds.
http://edis.ifa~.ufl.edu!FE545 .
Commodity Outlook 2003: U.S. and Florida Plant Mark~ EDIS document FE374,Published
February 2003, Department of Food and Agricultural Resomces Economics. Authors: Alan W.
Hodges and John J Haydu. http://edis.ifas.ufl.edulpdffilesIFEIFE37400.odf
Economic Impacts of the Florida Environmental Horticulture Industry, 2000
Economic Information Report EI 02-3. Alan W. Hodges and John J. Haydu.
http://honbusiness.ifas. ufl.edulEIR02-3 .pdf
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those hard-working volunteers.
Pag'~ :2 of:
Home I Location & Damage Prevention I Storm Drain Markers I Installation
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1:/"'11'...."1'\1:
Curb Marker Installation
das Curb Markers Installed Permanently on Curbs & Pavement
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The das Curb Marker can be applied to most flat, non-soil surfaces.
1. Clean Surface
Make sure application surface is
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debris. .
2. Apply Adhesive
Coming in 1/8" from the outside
edge of the marker. apply a bead
of adhesive and then work in to
the center.
3. Stick It I
Apply the marker to the application
surface pushing down HARD
forcing adhesive out around the
entire edge. It is important that the
entire edge of the marker is sealed
to the application surface.
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@
*das Curb Marker Adhesives are only offered with das Curb Markers.
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Register for Promotions, das Curb Markers
@
Curb Markers. das Curb Markers
Retum to Home Pace
Register for Promotions
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Pag~ 10f:
.c::/'ll/")(\n(:
A message from the executive director
The Indian River Lagoon is one of Florida's most remarkable natural
resources. It is home to more than 4,000 different plant and animal species,
making it North America's most biologically diverse estuary system. To help
restore and protect the lagoon, the Florida Legislature established the Indian
River Lagoon License Plate. Revenue generated from sales of the license
plate are used to fund lagoon water quality improvements, habitat restoration,
and environmental education projects. The St. Johns River Water
Management District is responsible for administering Indian River Lagoon
License Plate funding in Volusia. Brevard and Indian River counties.
The 2004 Indian River Lagoon License Plate Funding Program Guidelines
include the funding program requirements and instructions on how to apply
for the funding. Additionally, these guidelines specify the amount of funding
that is available for each county and provides examples of the types of
projects that may qualify for license plate funding.
On behalf of the St. Johns River Water Management District, I encourage
local governments and not-for-profit organizations to apply for the license
plate funding to help restore and protect the Indian River Lagoon.
Thank you for your interest in the Indian River Lagoon License Plate program.
Sincerely,
Kirby Green
Executive Director
http://sjr .state.fl.usJprograms/outreach/irlnep/pdfsIIRL )icense Jllate _ application.pdf
@
@
HOME OF PWCAN ISlAND
,
Cit of Sebastian, Florida
Agenda No. 05. cqq
Department Origin: Growth Managementr;f'1I
Purchasing/Contracting:
Finance Director:
City Attorney: (~ ~
City Clerk: ~
Subject: Ordinance No. 0-05-13; an
ordinance of the City of Sebastian amending
the Land Development Code to create the
Sebastian Bonlevard Triangle Overlay
District Regulations.
or Submittal by: City Manager
Date Submitted: June 14,2005
For Agenda of: June 22, 2005
EXPENDITURE
REQUIRED:
None
AMOUNT BUDGETED:
None
APPROPRIATION REQUIRED:
None
SUMMARY
Consistent with direction provided by Council and the Community Redevelopment Advisory Committee at a joint
meeting held on June 13th 2005, the attached ordinance reflects inclusion of all pennitted and conditional uses
within the Sebastian Boulevard Triangle District of the CRA.
As previously mentioned, the Sebastian Boulevard Triangle is envisioned as a mixed-use district that will
promote extension of the town center to include the more recently developed area along Sebastian Boulevard.
The purpose and intent of including the Triangle as an element of the CRA district was to promote
redevelopment and rehabilitation of the previously blighted area in an effort to provide a gateway to the riverfront
area. Included within the attached ordinance, modifications to the zoning regulations within this district are being
recommended to promote a live, work, play environment. Much like the Riverfront and 512 Overlay Districts,
the Sebastian Boulevard Triangle District aims to embrace the character of the community while enhancing the
viability and appearance of the area.
Of particular note is the inclusion of restrictive controls prohibiting undesirable development activity that would
otherwise detract from the character envisioned for the district. The goal is not to limit development rights of
property owners, but instead promote positive development aimed at fulfilling the goals outlined within the CRA
District Master Plan.
RECOMMENDED ACTION
Hold the second reading and public hearing on Ordinance No. 0-05-13.
@
ORDINANCE NO. 0-05-13
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING
LAND DEVELOPMENT CODE ARTICLE XXI TO CREATE DIVISION C,
SEBASTIAN BOULEVARD TRIANGLE OVERLA Y DISTRICT REGULA TlONS;
PROVIDING FOR CONFLICTS, SEVERABILITY AND EFFECTIVE DATE.
WHEREAS, the City adopted a Community Redevelopment Plan that provides
for a special plan for the Sebastian Boulevard Triangle area; and
WHEREAS, full implementation of the plan will require new zoning categories
that can only be instituted through an amendment of the Comprehensive Plan, which
can only be done under certain time restrictions; and
WHEREAS, the City desires to provide a protective zoning overlay to the area
until the amendments to the Comprehensive Plan can be processed;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. AMENDMENT. That Chapter 54, Article XXI of the City Code,
City of Sebastian, Florida, LAND DEVELOPMENT CODE: Performance Overlay
Districts is hereby amended to create Division C. SEBASTIAN BOULEVARD 1RIANGLE
OVERLAY DIS1RICT REGULATIONS consisting of Sections 54-4-21.C.I through 54-4-
21.C.4, to read as follows:
DIVISION C. SEBASTIAN BOULEVARD TRIANGLE OVERLAY
DISTRICT REGULATIONS
Sec. 54-4-21.C.1. Intent.
The Sebastian Boulevard Triangle is envisioned as a mixed-use district that
will extend the town center outward from its traditional riverfront district into
the more recently developed business district along Sebastian
Boulevard/County Road 512. As a gateway into the City of Sebastian
riverfront district, the triangle area will have an attractive, well maintained,
orderly and uncluttered appearance which will be characterized by impressive
vegetation and landscaping; complementary buildings and signs with
enhanced designs and aesthetic appearances; and a safe transportation system
that accommodates mass transit, pedestrians, bicycles, and other
transportation alternatives, as well as automobiles.
@
Sec. 54-4-21.C.2. Boundaries of the Sebastian Boulevard Triangle
Overlay District.
The boundaries of the Sebastian Boulevard Triangle Overlay District shall
include all the properties included in the Sebastian Community
Redevelopment District lying north of the eastbound roadway of the divided
right-of-way of the twin pairs of Sebastian Boulevard, and west of the CSX
Railway right-of-way.
Sec. 54-4-21.C.3. Adoption of Performance Standards.
The performance and nonconformity standards set forth for the CR 512
Overlay District in Sections 54-4-21.B.3. through 54-4-21.B.7. shall apply to
properties within the Sebastian Boulevard Triangle Overlay District.
Sec. 54-4-21.C.4. Use restrictions.
Notwithstanding the provisions 54-4-21.1, the permitted and conditional uses
within the various zoning districts of this Code shall be modified for the
Sebastian Boulevard Triangle Overlay District to list as follows:
CG Zone
Permitted Uses:
Cultural or civic facilities
Churches
Clubs and lodges, public and private
Business and professional offices, excluding drive-through facilities
Medical services
Commercial retail:S 20,000 sq. ft.
Plant nurseries
Restaurants, excluding drive-through facilities
Trade and skilled services
Hotels and motels
Administrative services, public and private
Accessory uses to permitted uses
Home occupations
All uses permitted within the RM-8 Zoning District
Conditional Uses:
Bars and lounges
Commercial retail> 20,000 sq. ft.
Business and professional offices with drive-through facilities
Farmer's markets
Funeral Homes
Nursing Homes
Child Care Services
Utilities, public and private
Parks and recreation, public
Protective and emergency services, public
Restaurants with drive-through facilities
Veterinary services
Wholesale trades and services
Commercial amusements, enclosed
@
Accessory uses to conditional uses
Vehicular Sales Indoors
Gasoline sales as part of retail operation
Parking garages
PS Zone
{No changes}
IN Zone
Permitted Uses:
Business and professional offices, with or without drive-through facilities
Commercial retail < 5,000 sq. ft.
Commercial amusements, enclosed
Plant nurseries
Restaurants with or without drive-through facilities
Trades and skilled services
Wholesale trades and services
Veterinary services
Clubs and lodges, public and private
Administrative services, public and private
Accessory watchman facilities
Medical services
Accessory uses to permitted uses
Conditional Uses:
Commercial retail with> 5,000 sq. ft.
Hotels and Motels
Protective and emergency services, public
Parks and recreation, public
Parking garages
Utilities, public and private
Commercial amusements, unenclosed
Flea markets
Electronics, research & development, and similar uses s; 5,000 sq. ft.
Vehicular Sales Enclosed
All uses permitted within the RM-8 Zoning District
Accessory Uses to conditional uses
Section 2. All code provisions in conflict herewith are repealed.
Section 3. In the event a court of competent jurisdiction determines that any
part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and
it shall be presumed that the City did not intend to enact such invalid provision. It shall
further be assumed that the City would have enacted the remainder of this Ordinance
without said invalid provision, causing the same to remain in full force and effect.
Section 4. This Ordinance shall be effective upon passage.
@)
The foregoing Ordinance was moved for adoption by Councilmember
. The motion was seconded by Council member
and, upon being put to a vote, the vote was as follows:
Mayor Nathan McCollum
Vice-Mayor Brian Burkeen
Council member Lisanne Monier
Council member Andrea Coy
Councilmember Sal Neglia
The Mayor thereupon declared this Ordinance duly passed and adopted this _ day of
June, 2005.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Mayor Nathan B. McCollum
Sally A. Maio, MMC
City Clerk
Approved as to form and legality for
reliance by the City of Sebastian only:
Rich Stringer, City Attorney
@
LEGEND
N SEBASTIAN BOULEVARD
MIXED USE DISTRICT
BOUNDARY
1\l1l FEC RAILWAY
Land Use Legend
1.':.~~t~:r~':.,:1 Public Service
_ Industrial
_ Commercial General
..~
200 0 200 400 Feet
- --------.
@iFG
Figure 7-b: Sebastian Boulevard Mixed Use District
City of Sebastian CRA
CllYOI
SEB,\~llJ\N
~
~~
HOME: OF P~LlCAN ISLAND
Date: 10108/2003
SEBASTIAN RIVER AREA
Habitat for Humanity
builds up its roots
..~....
-_.
rELLSMERE _ A Habitat
lOr Hum&niW oommunlty
couldbec"",lngtofiUatn.lI:e
rn a few yean.
The Indian Rlver Counly
cllapjer Dfthe nonprofit
bome-bullding ~.llCjI hll.
PUTchued la acre, Ills!
straddle cU~ limits and
co-antJr land. Exe<:ull.e DI-
rectol'Andy Bowler$llldhe
consIdonFe\lsmm"aprlrne
pJaoe 10 give low-incmnefa1n.
lllestheopportun1!ytobulld
thelrnwnhom...
"MIlIlY of our mlgrant
worb.. '\VlInt 10 put down
1I1cltT<>P15inlhecornmu.
nlly," Bowler said.
Habh.t1orH,unanlly!llll'
tlw.sedtheJandfornso,1)OO
rr<>1lI another nonprofit
agency bu11dlnihOJl\es In
theoily.IbeYellsmenCam.
munll,- Enrlchmenl Pr".
gram. Allhough HabUat
bomes a",buili by the fulure
bomeowllllfsnd\'Olunteers.
the enrlcbmon' program ill
building rental 8jlaronenl.
rorogrlcultui'oIworkers.The
opat1;mentcm:npJea,l<lbe
c8UadWhlsperingPmes,wm
be an th....ool side of Nor1b
Willow Street near SUn.AC
Inc.
.Tbeyhlldmo....'landthan
lhey nee<Wl for the prQ,jecl,"
BDw!eL....ld
Habitat for J-tumomlty will
asIo; FeJI""",re to lmnex the
land that l6n'1In lheclty,
Bow1eL'aatd.TheslIIlI!Jlslinn
wm elImln..te the rod tape
lhe"8'lucywouldbavetoCul
throullb by dealing wllb lwo
government ""UIl... VDlun.
leerswouldbeglnln=
llIIlIdlngllmnes<mlbe]ltt>l>
erty...blchbaa <'OOm for up
10 7Dunlls.llesaJd.
H8JJ1taI fur HWllanlly has
buiIImnl'lllhanIOOIl"",esin
lndion Ri~... COWIty, IUId is
alId.\nf.: llltJl'e1O tile Grace
Grovee<mllllllJlltyInGlfford.
Fellsrn,re CityMIUlll~rJa-
'nn Nunenuok.... and Mayor
John McCenls reeenlh
1000000dthefl8'!ncy'eefl'orlsIB
Gilford.
-Tbew<>rl<mllJlShlpis""
iDOd .sanycne'sll'Ol'llman.
.hlP." McClIIltuaid.
Th.CHy COWIoll "'111 ha~,
10 decid...heIher it w111 reo
Jusom.nfltabulldini;poli
olea for Habital fur Humam-
IY" tr.dlUona] huildln8
plllJlll.The.gencyuroaUy
builds home, on
S,DOO-oqlllml-foollots.sllll>ller
tbantheotandarll lot slztfOl-
slng)eflnQllybomealn Fells-
mere.
Somecounc:llmenal..an!'
con""l'md about Ihelramc
for North Willow Slrnt,
wherentherdweJllllgshlln
been added In l'9COl\tyeats.
"We i<eep crowdlnge 101 ol"
stulflntoonelUtleareo."
Cow><:ilwoman Sam Sl.vage
said. "'I'he,.,,'. been no 1m.
provem.nts rnr tb."",d,
nthfrl:banthelnter<:hangeat
(CnIlJlIYRnI>d)51~.
..Iem....~com
.PDlI'eGIMlOflI"~"""",
LOCAL
1llorllIlly..Iun!6,2005T_CDeot~1J5
HERITAGE VILLAGE
Memorial Day at poolside was a success
II; "'.......nnderMMemDrialDay
celebratlonatpnol.idll,andallappred.
.tedtheelfuna<lCTlaandRlchHuleh~
lll>n,BWand SandySh!eld.BillGrllfln.
BW DlIDiels.nd Bemie McCarthy,
along wHb.cleIlnup....w h...dedby
Larry lUId Delores Sanl:1lk>. Hlldegard
W.....H..rryDe.rtleyandoth..'S
'!"hlnlI.ahncst.eemedllkenormaL
evenlhmJSh.theclubh<.msewaann_
avanable.Managerlfnlfdldmakean
aDl)eeral>ce.andpeopleBIlprac:jatocl
",.,.
The wllln.... oftb.W5IIat the
l'artywere Marlan St. Mart1n. Jobll
MaJOf'redi. Betti. CIIandlor.Jane Roth.
lanflUldG<<Tls.\mmon..Bin(jowln-
nerswe....Joe Blinn. MarlanSt.Mar.
tin. PbyllisSteffener,Lnu Bergm8llll.
MlrI8m M.lne.-t (two~ Ann. Neuen.
bolhndSueWolford
Yourfu'stw.tere""",isechtsswill
heTi>esdaymomlngIlt9:ao,..yaTIs
Hutcblson.Sh.w-gesalllnl....s1odlO
allendDIlTueaday.and ThW'llday..
Wl!Qtherpermlntng,ofCOlll'Se.
Ann GrlffinreportedIh.ther
brolh.r.ln-law and onrnelV1bor and
lHend,GmloGrllllnhedamlldbeart
lIIIaok over Ibeh<ill""yweekend and is
dolT1ll Iln. with Ih.rourotenl. that
werelMertedlomakehlmhealtby
ng.In.Hi.addn!s.olIa21W)llnIOOr
Drjve.Searhotough,MEOW1~.
QuoenMotb...l'atOouglasoCtbe
1DIIIIHN[
IIW'IIf
=.,
Herltage Red Hatler group 1UIII0\lll"""
aluncbeondeieolJuu.21mtheRod
L0b5terRostaIU1lllIInFonPierm.The
group wlU meet !It tbeclubMWIe O!
12:1Sp.m.tomOlorjlOOl.Yourbosts
...W heTla HuIeh1sonandMm1a
GUM,lUIdallladiesarelntritedaa
gu..t..PlBe""'IllsuvwithtllehllSts
soaCOUlltoanl>egi'...lllnth<>rest.u.
~.
Sol"I'Y 10 report \ha.t our lHend and
neighborC..WoslowskldiedthlaPOSI
",..kupoortb.8IIdweallremomher
howhelowdtopl.ybunw.bo<:cielUld
bnwlhere.Condolencastohl.frlomlls
..udf.rnlly.
1 nollcad.t a cookout Ihel; NOl"be11
SI.Martiu bad Ills ant> In a al.ing and
nndersland be bad surgery re,,,,,,\l}'
afterhelookaraUupllO\'thoV@rtbe
Chrlslmasbolldlly. We..ishhlJll wen.
The.-elsallOw.ddillOlllolhllltof
tlIeolllce traUerlot. A memo board
waslnotallodlh.rewitb\<etlouapnb!.i.
catlons!m'ynutnl'eadfromourMan-
fl8'!rHuIT.Aloo"maplsthere wllb
"dOBareo.~outllned III yellow on !be
perlme<<tt'_
Happy bil:lMays tbls-weall 10 Carol
MoCertb).toda\'.ondothenfono",lng
oreMal)'Perry.SaI'Sh~k.Sarull'a
Dra]leau.Rn$@Dll>[yCalvet.Loretta
Roc:be.J1mColberlendBattyCaselo.
CowttbleaslngsnDtClUldles.
H'PPJl'arw.l~er&.ar)'todayI<lJIm
andMarlauColberl.followedbyKen
.nd CaroleDevlln. Keu 8>U'I Kay
Lynch. BobandU>'!lula J..ooobJo. and
G<!Or~eand Jane RothI.nL
A fim more residents who Iefi here
healnoeofstonnaan MIldredL.vule,
AtdelleSerry. EteanorDavla and Mar.
ll'U'etKerr.1WlllUr1!'lhereareotharsl
am not awareof,bnl luck toall.
I undel'lllaMthat New H.mp.shlre
has had a lerrlble sPl"lngt\nle wllb$O
muehrab>. Whenmy tiunUy wenllo
open theootlageO'ffflbabollday
.......k&r>d, thay"""" aboekedlo....so
muehtree4amage,especialJ:Jtomy
l>eI.ovod"'h\I8blrebealhlotcouldnol
wllhalantl Iba roo.... than lOCI meb.. of
SItoW. Most "'eredestrl>y<<I, andtben.
I1ondwatcllwa.talkedaboutlhere.1
guessltwasMolhorNeturenuceageln
doinRherthing.
R.memh.... when you barbDr" bitter.
IIl!Ss.lI.applnesawWdno:llelsewbere.
Lorrabl.Cltnpurwrltl/s/JIuH.,.i.
IiJ8"P1W1rllt/oncolumnl1u11Dppml'S
fIOdtMondoyDnd""'doad~lsrhe
1'tlOsdtIJ'~SheClmbermcbedol
(7'l2)56fJ-fJ6"fl.a<llm'96"fI,orarChap
utl'i/"'ol.<rJrII.
AIR B AT
RIDES
5-ls""fir[--~'f:Iu
AIlE Yoo k1LLl:NG YOllItSE1F Wrm Too
MANY !lIEPlCATlONS1
."'==':.....
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.......-
-- 581-2373 __
Izno.... lSoloo Pl32UIIAcrosor.....Wdmort
SEBASTIAN CITY COUNCiL
AGENDA - REGULAR MEETING
WEDNESDAY, JUNE 8,. 2005 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN. FLORIDA
A/.lA/lfKQAr\forSIlf'Af'IIfISPfCTrOIN1I/IirNf/CEIJ111/F:(;rTYCI.I/llC
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3 1,40MfNTOfSlLEHGE
4. ROI.LCAlL
5.~DIlMOOlFlCATKlNS
5.PIIOCLAMATlONS..o.NNOU'-'GEMENTRPRESENTATIONS
A.CIlllfk:l1eIOJ_J....pIorPllts&RoeroaUon......isory
Comon/ll;..S$\<bI
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~~
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9 PUBL1CHEARI~.1Ioot
lB. ImOlXJCHON Of IolW SlISWESS fROM TllE PUllllC
1l0LOBUSlllESS
A AwomCG.h<tloE&OCOm....ilgs.rvr...$lJl.500&
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flementarySohool
B ~"tb.nzeM.S.rW:..fmmJo""Do,.,.ArtU...fol
HisIor1cR.lI>bolr:MEIo.-enta,.,Sobool
c.Boys&Gi1.Ck(ll....Amtlldmo.lll
12. Nfwau5l~ESS
A. COIIllI1R..~InDo-flS.M-I'otitfo.10/VoIunt.ryAl1n._
kIr . 25.SIi Aao Add~",' 10 C,... Cro.k SutIdM.... ~
SI:lloduleS.uDltR"'~lng&PublcHoam;JtI.,:!2t1,2005
8.1s1RIiOIIII0'OS-or;-AOlO.inIR"luostt'OIlAQrlcl'lloltl
(MI to RS'10 lOt I Prepose<l25.5!; Aer. A<Id~l<I. to ere..
CreolSUbllMslon-Sor.eaelaSocmdRud\nrl&/'ublk:
H"'rhil8l22lll5
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A. R'Il5-18T"""r..O.notS1otenlf""",""CyOparalkw
I4.ClT'IMAllAGffiMAlTERS
I5.ClT'Ir::tERKMAmRS
A.FACCCO...r...._.oce_"'"""H20...IdO
16.ClTYCOlMClLMAmRS
A M1.Mnnla,
a.M.yor~rwn
O.M,S"M'
<.ilI..CDl'
F M'Mlglle
17.AOJQUfUI
Fit For Life
.........
"Arthritis of the
Hip and Knee"
Jt.r.
--..-
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Effective June 1, 2005
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Sebastian, Fl J2958
(772) 228-9787
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Agenda No. 05. /1 7
Department Origin: SMGC Cr &--!2-.
Pnrchasing/Contracting:
Finance Director:~
City Attorney: (::'L_
City Clerk: ~
Date Submitted: June 14, 2005
For Agenda of: June 23, 2005
(IJY<J
SIBAS!!AN
.,~
HOME Of PWCAN ISlAND
CITY OF SEBASTIAN
AGENDA TRANSMITIAL
Subject: Additional Memberships to
Sebastian Municipal Golf Course
t r Submittal by: City Manager
Exhibits: 2005-2006 Annual Membership Rates, Rate Range Resolution
EXPENDITURE REQUIRED:
N/A
AMOUNT BUDGETED:
N/A
APPROPRIATION
REQUIRED:
N/A
SUMMARY
During the fiscal year of 00-01, the City Council voted unanimously (Resolution R-00-30,
Section 5) to discontinue memberships at Sebastian Municipal Golf Course (SMGC). The
current members, who were still active at the golf course, had their memberships "grandfathered"
as long as membership(s) were renewed annually. At the time memberships were discontinued,
the golf course had 215 members. With impending growth of the Sebastian area, it was deemed
feasible to discontinue memberships in order to strictly be known as a "daily fee / open to the
public" golf facility. Since discontinuing memberships, SMGC memberships have declined to
92 current members. Reopening memberships would be an excellent means to boost revenue, as
well as provide an attractive service for several frequent golfers, who currently are not members
of SMGC. Golf Course Staff would like to propose opening the memberships, with the caveat of
maintaining a maximum number of members at 180. All new members, in addition to their
annual membership, would pay a one-time initiation fee of $500 per membership. Before
memberships were discontinued, the one-time initiation fee was $200 per membership. At the
minimum, bringing the current membership to 180 members would create an additional $65,000
in golf course enterprise fund revenue. The importance of deriving additional revenue sources is
extremely important for SMGC. Throughout the last couple of years, the Sebastian area has been
dealt with inclement weather, obviously with the main deterrent being the hurricanes of2004, but
also including heavy amounts ofrain and cold conditions during the winter throughout the last
few years. Without question, the weather has affected revenue at the golf course. The golf
course must continue to build contingency, which will satisfy bond reserve covenants.
Additional revenue and increased revenue will also help the golf course in preparing for
necessary future capital improvements to facilities and golf course grounds.
(continued on next page)
@
Beginning September 1 st, 2005, golf course staff will begin taking names via in person, phone or
letter from customers, who would like to become a member for the fiscal 05-06 season. The first
88 customers would be entitled to membership. Potential new customers must officially pay for
their membership within the first week (seven days) of the new fiscal year. If they do not,
customers that are on a waiting list would then be contacted. Any additional customers seeking
membership would be placed on a waiting list until a current member decides not to renew
hislher membership or resigns hislher membership. Customers on the waiting list would be
immediately contacted and given one week to officially become a member. If this occurs
anytime other than the beginning of a fiscal year, the customer( s) would pay a prorated rate for
membership. The annual membership rates, which are in accordance with the Rate Range
Resolution (exhibit 2), are listed on exhibit one (1).
RECOMMENDED ACTION
Recommend City of Sebastian City Council conduct a public hearing in accordance with 74-33
and adopt Resolution R-05-25.
@
Exhibit 1
Exhibit 1
Sebastian Municipal Golf Course
Fiscal 2005-06 * Annual Membership Rates
Sebastian Single Resident
Sebastian Family Resident
Single Non-Resident
Family Non-Resident
$750
$1030
$965
$1235
One time Initiation Fee
$500
Annual Membership Cart & Walking Fees
Cart 18 Holes
Summer $13
Cart 9 Holes
$10
FaWSurinl! $14
$11
Winter
$15
$12
All rates add 7% sales tax.
Walk 18
no charge
Walk 9
no charge
$5
$4
$9
$7
* All within the 2000 approved Golf Course Rate Range (R-0237)
@
@)
RESOLUTION NO. R-02-37
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO FEES AT THE SEBASTIAN
MUNICIPAL GOLF COURSE; AUTHORIZING THE GOLF COURSE
DIRECTOR TO MAKE ADJUSTMENTS UNDER CERTAIN
CIRCUMSTANCES; PROVIDING FOR AMORTIZATION OF
MEMBERSHIPS; PROVIDING FOR CONFLICTS; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, City Council, at its May 24, 2000, adopted Resolution No. R-00-30 establishing
golf course fees; and
WHEREAS, the Golf Course Director believes a restructuring of the seasonal rates will
increase rounds of golf and keep the Sebastian Municipal Golf Course competitive with area golf
courses, and give him discretion in increasing membership annual fees if necessary;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. Annual Membership Rate Range. Commencing with memberships for
the year 2002-2003, the annual membership fee range for the Sebastian Municipal Golf
Course shall be as follows:
Sebastian Resident
Family
Single
$930 - $1030
$650 - $750
Non Resident
Family
Single
$1135 - $1235
$865 - $965
Family membership means a married couple residing together and all dependents living at
home under the age of twenty-one years (21) years.
Proof of residency is required to obtain Sebastian Resident Annual rates.
Additional or new annual memberships are no longer available.
1
All of the above rate ranges are subject to a 7% sales tax. Renewal of an existing membership
is due on or before October 1 st of each year.
Section 2. Member Daily Rate Range. Member rate range, including greens fees
and golf cart fees, for the Sebastian Municipal Golf Course effective as of October 1 st, 2002,
are hereby established as follows:
Ride 18 holes
Ride 9 holes
Walk 9 or 18 holes
Ride 18 holes
Ride 9 holes
Walk 9 holes
Walk 18 holes
Ride 18 holes
Ride 9 holes
Walk 18 holes
Walk 9 holes
Summer Rate Ranee - Member
Effective May 1 st, through October 31 st
Range Conditions
$10 - $14 All day- everyday
$7 - $11 All day -everyday
No charge All day - weekdays
After 1 pm - weekends & holidays
Fall! Sprine Rate Ranee - Member
Effective November 1 st, through December 31 st, and
start of Daylight Savings through April 30th
Range Conditions
$11 - $15 All day- everyday
$8 - $12 All day -everyday
$2 -$4 After 1 :3Opm or when
tee is open
$3 -$6 After Ipm or when
tee is open.
Winter Rate Ranee - Member
Effective January 1 sl through last day of Eastern Standard Time
Range
$15 - $18
$9 - $13
Conditions
All day - everyday
After 1 :3Opm or when
tee is open
After 1 :OOpm or when
tee is open
After 1 :3Opm or when
tee is open
$8 - $12
$5 - $9
2
@
Section 3. Non-Member Daily Rates. Nonmember rates, including greens fees and
golf cart fees, and general charges for the Sebastian Municipal Golf Course, effective as of
October 1st, 2002, are hereby established as follows:
Summer Rate Ranl!:e - Nonmember
Effective May 1st, through October 31st
Range Conditions
$20 - $25 7am - noon
$17-$22 7am-noon
$16-$21 Noon-3pm
$15 - $20 Noon - 3pm
$12-$16 7am-3pm
$10 - $14 7am - 3pm
$12 - $16 After 2pm - 5pm
$11 - $15 All day-weekdays
After 1 pm weekends & holidays, or when tee is open
Walk 18 holes wi Discount Cd. $9 - $13 All day-weekdays
After Ipm weekends & holidays, or when tee is open
$7 - $10 All day-weekdays
After 1 pm weekends & holidays, or when tee is open
Walk 9 holes wi Discount Cd. $6 - $9 All day-weekdays
After 1 pm weekends & holidays, or when tee is open
$18 - $22 8am start
$10 - $14 4pm-5pm start
$10 - $15
$7 - $12
Ride 18 holes
Ride 18 holes wi Discount Cd.
Ride 18 holes
Ride 18 holes wi Discount Cd.
Ride 9 holes
Ride 9 holes wi Discount Cd.
Afternoon Special
Walk 18 holes
Walk 9 holes
18 hole Tournament
9 hole League
18 hole Rider I Replay
9 hole Rider I Replay
Fall! Sprinl!: Rate Ranl!:e - Nonmember
Effective November 1st, through December 31st,
and start of Daylight Savings through April 30th.
Ride 18 holes
Ride 18 holes wi Discount Cd.
Ride 18 holes
Ride 18 holes wi Discount Cd.
Ride 9 holes
Ride 9 holes wlDiscount Cd.
Afternoon Special
Walk 18 holes
Walk 18 holes wi Discount Cd.
Walk 9 holes
Walk 9 holes wi Discount Cd.
18 hole Tournament
9 hole League
18 hole Rider I Replay
9 hole Rider I Replay
@
Range
$24 - $32
$22 - $30
$22 - $28
$20 - $26
$15 - $20
$13 - $18
$12 - $18
$14 - $19
$12 - $17
$9 - $13
$7 - $11
$20 - $28
$11 - $15
$10 - $15
$7 - $12
Conditions
7am-noon
7am - noon
after 12:00 noon
after 12:00 noon
All day - everyday
All day - everyday
After 2pm - 5pm
After 1 pm or when tee is open
After 1 pm or when tee is open
After 1 :30 or when tee is open
After 1 :30 or when tee is open
8am start
4pm start
3
Winter Rate Ran~e - Nonmember
Effective January 1 st through last day of Eastern Standard Time
Ride 18 holes
Ride 18 holes wi Discount Cd
Ride 9 holes
Ride 9 holes wi Discount Cd
Walk 18 holes
Walk 18 holes wi Discount Cd
Walk 9 holes
Walk 9 holes wi Discount Cd
18 hole Tournament
9 hole League
18 hole Rider I Replay
9 hole Rider I Replay
Range
$35 - $44
$28 - $36
$18 - $24
$16 - $22
$20 - $26
$17 - $23
$12 - $17
$9 - $14
$28 - $36
$14 - $19
$12 - $16
$9 - $13
Conditions
All day - everyday
All day - everyday
After I :3Opm or when tee is open
After 1 :3Opm or when tee is open
After I :OOpm or when tee is open
After I :OOpm or when tee is open
After I :3Opm or when tee is open
After 1 :3Opm or when tee is open
8am start
4pm start
Additional Rate Ran~es
Discount Card - Nonresident
Discount Card - Sebastian resident
Juniors
Golf Handicap System
Range Balls - Large
Range Ball- Small
Golf Lesson
Golf Lesson Series
Junior Lesson
Club Storage
Foot Locker
Junior Range Balls - Large
Junior Range Balls - Small
Rate Range
$30 - $50
$25 - $35
$2 - $4
$15 - $20
$4 - $6
$2 - $3
$35 - $45
$150 - $175
$10 - $15
$40 - $50
$15 - $20
$1 - $2
$.50 - $1
Conditions
Fiscal year - 1011 to 9/30
Fiscal year - 1011 to 9/30
Age 6 to 17, walking after 2pm
Fiscal year - 1011 to 9/30
one half hour
5 - one half hour
one half hour
Fiscal year - 1011 to 9/30
Fiscal year - 1011 to 9/30
All rate ranges above in Section 1,2 & 3, with the exceptions of the Golf Handicap System
and Golf Lessons, are subject to 7% sales tax.
Section 4. Adjustments. The hours and conditions set forth in Sections two and
three may be adjusted at the discretion of the Director of Golf, due to amount of play and area
competitive conditions. The Director of Golf is authorized to establish the rate within the
approved range due to amount of play and area competitive conditions. The Director of Golf
is authorized to advertise, andlpromote the use of the Golf Course within the promotions and
advertising budget account, and with the approval of the City Manager, offer special
promotional rates and match special rates being promoted by competitors within the area.
4
@
@
Section 5. Memberships. No new memberships shall be issued for Sebastian
Municipal Golf Course. However, memberships that were in effect, but were refunded due to
health reasons, may be reinstated. All existing memberships shall be allowed to renew
annually and continue in effect for the life ofthe member, however, any membership that
lapses and remains unrenewed for one year, other than for documented health reasons, shall
be permanently discontinued.
Section 6. Membership Refund Policy. Membership refunds will only apply to
medical disabilities and loss of life. Prior to January 1 ", full proration of membership fee and
taxes (i.e. December I st refund equals 10/12 of membership fees and taxes.) After January I",
and prior to April 1", 50% refund of unused balance (i.e. February 1st refund shows four (4)
months used, 50 % of 8 months fees and taxes refunded.) After April 1 st, no refunds.
Section 7.
repealed.
Repeal. All Resolutions or parts of Resolutions in conflict herewith are
Section 8. Effective Date. This Resolution shall take effect immediately upon
passage, and continues in effect unless changed by Resolution of the City of Sebastian,
Florida.
Section 9.
Continued on next page.
5
Section 9. This Resolution shall become effective immediately upon adoption.
The foregoing Resolution was moved for adoption by Councilmember
The motion was seconded by Councilmember
and, upon being put into a vote, the vote was as follows:
Mayor Walter Barnes
Vice Mayor James Hill
Councilmember Joe Barczyk
Councilmember Ray Coniglio
Councilmember Edward Majcher
The Mayor thereupon declared the R,esolution dully passed and adopted this _ day
of ,2002
CITY OF SEBASTIAN, FLORIDA
By:
WaIter Barnes, Mayor
ATTEST:
Sally A. Maio, CMC
City Clerk
(SEAL)
Approved as to form and legality for
reliance by the City of Sebastian only:
Rich Stringer, City Attorney
6
@
@
RESOLUTION NO. R-05-25
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO FEES AT THE SEBASTIAN
MUNICIPAL GOLF COURSE; REOPENING MEMBERSHIPS;
AUTHORIZING THE GOLF COURSE DIRECTOR TO MAKE
ADJUSTMENTS UNDER CERTAIN CIRCUMSTANCES; PROVIDING
FOR AMORTIZATION OF MEMBERSHIPS; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, City Council, at its September 12, 2002 Regular Meeting, adopted
Resolution No. R-02-37 establishing golf course fees; and
WHEREAS, since that time there have been no increases in Golf Course rates, and
WHEREAS, City Council has expressed an interest in re-opening Golf Course new
memberships which were closed in 2002.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. Annual Membership Rate Range. Commencing in 2005, the annual
membership fee for the Sebastian Municipal Golf Course shall be as follows:
Sebastian Resident
Family
Single
$1030
$ 750
Non Resident
Family
Single
$1235
$ 965
One Time Initiation Fee $ 500
Family membership means a married couple residing together and all dependents living at
home under the age of twenty-one years (21) years.
Proof of residency is required to obtain Sebastian Resident Annual rates.
All of the above rate ranges are subject to a 7% sales tax. Renewal of an existing
membership is due on or before October 1st of each year.
Section 2. Member Daily Rate Range. Member rate range, including greens fees
and golf cart fees, for the Sebastian Municipal Golf Course are as follows:
Summer Rate Ranoe - Member
Effective May 1st, through October 31st
Ranoe Conditions
$10 - $14 All day - everyday
$7 - $11 All day -everyday
No charge All day - weekdays
After 1 pm - weekends & holidays
Ride 18 holes
Ride 9 holes
Walk 9 or 18 holes
Ride 18 holes
Ride 9 holes
Walk 9 holes
Walk 18 holes
Ride 18 holes
Ride 9 holes
Walk 18 holes
Walk 9 holes
Fall I Sorino Rate Ranoe - Member
Effective November 1s" through December 31st, and
start of Daylight Savings through April 30th
Ranoe
$11 - $15
$8 - $12
$2 -$4
$3 -$6
Conditions
All day - everyday
All day -everyday
After 1 :30pm or when
tee is open
After 1 pm or when
tee is open.
Winter Rate Ranoe - Member
Effective January 1 st through last day of Eastern Standard Time
Ranoe
$15 - $18
$9 - $13
$8 - $12
$5 - $9
Conditions
All day - everyday
After 1:30pm or when
tee is open
After 1 :OOpm or when
tee is open
After 1 :30pm or when
tee is open
0>
Section 3. Non-Member Daily Rates. Nonmember rates, including greens fees and
golf cart fees, and general charges for the Sebastian Municipal Golf Course, are hereby
established as follows:
Summer Rate Ranoe Non-member
Effective May 1st, through October 31st
Ranoe Conditions
$20 - $25 7am - noon
$17 - $22 7am - noon
$16 - $21 Noon - 3pm
$15 - $20 Noon - 3pm
$12 - $16 7am - 3pm
$10 - $14 7am - 3pm
$12 - $16 After 2pm - 5pm
$11 - $15 All day - weekdays
After 1 pm weekends & holidays, or when tee is open
Walk 18 holes wi Discount Cd. $9 - $13 All day - weekdays
After 1 pm weekends & holidays, or when tee is open
$7 - $10 All day - weekdays
After 1 pm weekends & holidays, or when tee is open
Walk 9 holes wi Discount Cd. $6 - $9 All day - weekdays
After 1 pm weekends & holidays, or when tee is open
$18 - $22 8am start
$10 - $14 4pm -5pm start
$10 - $15
$7 - $12
Ride 18 holes
Ride 18 holes wi Discount Cd.
Ride 18 holes
Ride 18 holes wi Discount Cd.
Ride 9 holes
Ride 9 holes wi Discount Cd.
Afternoon Special
Walk 18 holes
Walk 9 holes
18 hole Tournament
9 hole League
18 hole Rider I Replay
9 hole Rider I Replay
Fall I Spring Rate Range - Nonmember
Effective November 1s', through December 31s"
and start of Daylight Savings through April 30th.
Ride 18 holes
Ride 18 holes wi Discount Cd.
Ride 18 holes
Ride 18 holes wi Discount Cd.
Ride 9 holes
Ride 9 holes wlDiscount Cd.
Afternoon Special
Walk 18 holes
Walk 18 holes wi Discount Cd.
Walk 9 holes
Walk 9 holes wi Discount Cd.
18 hole Tournament
9 hole League
18 hole Rider I Replay
9 hole Rider I Replay
@
Ranae
$24 - $32
$22 - $30
$22 - $28
$20 - $26
$15 - $20
$13-$18
$12-$18
$14 - $19
$12-$17
$9 - $13
$7 - $11
$20 - $28
$11 - $15
$10-$15
$7 - $12
Conditions
7am - noon
7am - noon
after 12:00 noon
after 12:00 noon
All day - everyday
All day - everyday
After 2pm - 5pm
After 1 pm or when tee is open
After 1 pm or when tee is open
After 1 :30 or when tee is open
After 1 :30 or when tee is open
8am start
4pm start
3
Winter Rate Ranae - Nonmember
Effective January 1st through last day of Eastern Standard Time
Ride 18 holes
Ride 18 holes wi Discount Cd
Ride 9 holes
Ride 9 holes wi Discount Cd
Walk 18 holes
Walk 18 holes w/ Discount Cd
Walk 9 holes
Walk 9 holes w/ Discount Cd
18 hole Tournament
9 hole League
18 hole Rider / Replay
9 hole Rider / Replay
Discount Card - Nonresident
Discount Card - Sebastian resident
Juniors
Golf Handicap System
Range Balls - Large
Range Ball - Small
Golf Lesson
Golf Lesson Series
Junior Lesson
Club Storage
Foot Locker
Junior Range Balls - Large
Junior Range Balls - Small
Range
$35 - $44
$28 - $36
$18 - $24
$16 - $22
$20 - $26
$17 - $23
$12 - $17
$9 - $14
$28 - $36
$14 - $19
$12 - $16
$9 - $13
Conditions
All day - everyday
All day - everyday
After 1 :30pm or when tee is open
After 1 :30pm or when tee is open
After 1 :OOpm or when tee is open
After 1 :OOpm or when tee is open
After 1 :30pm or when tee is open
After 1 :30pm or when tee is open
8am start
4pm start
Additional Rate Ranaes
Rate Ranae
$30 - $50
$25 - $35
$2 - $4
$15 - $20
$4-$6
$2 - $3
$35 - $45
$150 - $175
$10-$15
$40 - $50
$15 - $20
$1 - $2
$.50 - $1
Conditions
Fiscal year - 10/1 to 9/30
Fiscal year - 10/1 to 9/30
Age 6 to 17, walking after 2pm
Fiscal year - 10/1 to 9/30
one half hour
5 - one half hour
one half hour
Fiscal year - 10/1 to 9/30
Fiscal year - 10/1 to 9/30
All rate ranges above in Section 1, 2 & 3, with the exceptions of the Golf Handicap System
and Golf Lessons, are subject to 7% sales tax.
Section 4. Adjustments. The hours and conditions set forth in Sections two and
three may be adjusted at the discretion of the Director of Golf, due to amount of play and
area competitive conditions. The Director of Golf is authorized to establish the rate within the
approved range due to amount of play and area competitive conditions. The Director of Golf
is authorized to advertise, andlpromote the use of the Golf Course within the promotions and
advertising budget account, and with the approval of the City Manager, offer special
promotional rates and match special rates being promoted by competitors within the area.
Section 5. Memberships. All existing memberships shall be allowed to renew
annually and continue in effect for the life of the member, however, any membership that
lapses and remains un renewed for one year, other than for documented health reasons,
shall be permanently discontinued.
@)
@
Section 6. Membership Refund Policy. Membership refunds will only apply to
medical disabilities and loss of life. Prior to January 1 st, full proration of membership fee and
taxes (i.e. December 1" refund equals 10/12 of membership fees and taxes.) After January
1 st, and prior to April 1 st, 50% refund of unused balance (i.e. February 1" refund shows four
(4) months used, 50 % of 8 months fees and taxes refunded.) After April 1", no refunds.
Section 7.
repealed.
Repeal. All Resolutions or parts of Resolutions in conflict herewith are
Section 8. Effective Date. This Resolution shall take effect immediately upon
passage, and continues in effect unless changed by Resolution of the City of Sebastian,
Florida.
Section 9. This Resolution shall become effective immediately upon adoption.
The foregoing Resolution was moved for adoption by Councilmember
The motion was seconded by Council member
and, upon being put into a vote, the vote was as follows:
Mayor Nathan B. McCollum
Vice Mayor Brian Burkeen Hill
Councilmember Andrea Coy
Councilmember Lisanne Monier
Council member Sal Neglia
The Mayor thereupon declared the Resolution dully passed and adopted this 22nd
day of June, 2005.
CITY OF SEBASTIAN, FLORIDA
By:
Nathan B. McCollum, Mayor
ATTEST:
Sally A. Maio, MMC
City Clerk
(SEAL)
Approved as to form and legality for
reliance by the City of Sebastian only:
Rich Stringer, City Attomey
5
Subject: Resolution # R-05-19 Emergency
Hurricane Snpplemental Grant for
F.D.A.C.S. Division of Forestry
Agenda No. 05./ JR
HOME Of PUl<:J\N ISlAND
CITY OF SEBASTIAN
AGENDA TRANSMITTAL
,
Department Origin: C~ '111\.<-~
Purchasing/Contractin . .
Finance Director:
City Attorney:
City Clerk:
J
Snbmittal by: City Manager
Date Submitted: June 14, 2005
For Agenda of: June 22, 2005
Exhibits: Resolution and Grant Information Letter
EXPENDITURE REQUIRED: AMOUNT BUDGETED:
$12,500.00 None
APPROPRIATION
REQUIRED: $12,500.00
SUMMARY
The City has an opportunity to receive grant money to replace trees destroyed by the hurricanes
last year. The grant is available through the Florida Department of Agriculture and Consumer
Services Division of Forestry. A resolution approved by Council is required as part of the grant
application. This matching grant would require the City to fund 25% of the $50,000.00 total. This
would be $12,500.00 and is available in the General Fund Contingency. Staffwill install new trees
in the Cemetery along U.S. 1, Riverview Park, George St. Park, Filbert St. Park, Barber St.
Sports Complex, Schumann Tennis Park, U.S. 1 and Schumann Drive medians.
RECOMMENDED ACTION
Move to appropriate $12,500.00 from the General Fund Contingency for Emergency Hurricane
Supplemental Grant.
Move to approve Resolution R-05-19.
@)
RESOLUTION NO. R-05-19
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, EXPRESSSING SUPPORT FOR THE CITY MANAGER TO ENTER
INTO AN URBAN AND COMMUNITY FORESTRY GRANT MEMORANDUM OF
AGREEMENT & MAINTENANCE AGREEMENT WITH THE STATE OF FLORIDA,
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF
FORESTRY, IF IT IS AWARDED; PROVIDING FOR CONFLICT; PROVIDING FOR
EFFECTIVE DATE.
WHEREAS, trees are an important part of our community as evidenced by our Tree and
Landscape Advisory Board commitment to the City of Sebastian; and
WHEREAS, the City of Sebastian desires to apply for an Urban and Community Forestry
Grant which would provide monies in which to help restore trees lost during Hurricanes Frances and
Jeanne in 2004; and
WHEREAS, the City of Sebastian wishes to express its support for the City Manager to enter
into an Urban and Community Forestry Grant Memorandum of Agreement and Maintenance
Agreement between the City of Sebastian and the Florida Department of Agriculture and Consumer
Services, if it is awarded.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SEBASTIAN, AS FOLLOWS:
Section 1. The City Council hereby expresses its support and authorizes the City Manager
to enter into an Urban and Community Forestry Grant Memorandum of Agreement and Maintenance
Agreement between the City of Sebastian, Florida and the Florida Department of Agriculture and
Consumer Services, if it is awarded to the City of Sebastian; and will appropriate the required
matching funds.
Section 3. Conflicts. All resolutions or parts of resolutions in conflict herewith are hereby
repealed.
Section 4. Effective Date. This resolution shall take effect immediately upon its adoption.
A motion to adopt the foregoing Resolution was made by Council Member
The motion was seconded by Council Member and, upon being put to a vote,
the vote was as follows:
Mayor Nathan McCollum
Vice Mayor Brian Burkeen
Council Member Lisanne Monier
Council Member Andrea Coy
Council Member Sal Neglia
The Mayor thereupon declared this Resolution duly passed and adopted this 2200 day of
June, 2005.
ATTEST:
CITY OF SEBASTIAN, FLORIDA
By:
Nathan B. McCollum, Mayor
@ Sal~ A. ""0, MMe -,,~ CIorl<
Approved as to form and legality for
reliance by the City of Sebastian only:
Rich Stringer, City Attorney
Emergency Hurricane Supplemental Grant for Florida: Division of Forestry- FDACS
Page 1 of 5
Urban and Community Forestry
Emergency
Hurricane Supplemental Grant 2005-2007
During the months of August and September, 2004, four hurricanes caused widespread damage t
the tree canopies of almost 180 communities throughout Florida. In response, Congress passed
legislation on October 13, 2004, to provide the US Forest Service with grant funds for these
communities to mitigate the effect of recent hurricanes and other weather-related events, and to
reduce potential damage from future storms. The legislation provided Florida with approximately
million for impacted communities, to be administered by the Florida Division of Forestry.
Communities from all counties in Florida are
eligible to submit applications. Priority will be
given to applicants from areas that sustained
highest winds du ring the storms, or received
damage from more than one storm. Where otl
factors are equal, smaller municipalities will receive first consideration for these funds. The qualit'
the proposals submitted will also be evaluated.
Under the program, applicants can receive 75'
cost-share funds for urban tree management
activities that have been initiated since Octob,
13, 2004, or will be carried out during the ne)
two years. Activities that have been reimbursE
from either FEMA or other state or federal sou
are not eligible.
City and county governments, non-profit groups, and educational institutions are eligible to apply
these grants. Funds may be used to carry out practices on county and municipally-owned lands,
inciuding parks or natural areas. They may also be implemented on non-federal road and highwa~
rights-of-way.
Eligible management practices include the following:
. Inventory and assessment to determine the degree of canopy loss from the storms, identify
individual trees needing either removal or corrective treatments, identify areas needing
reforestation or new tree plantings, and provide background information to develop a
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http://www.fl-dof.com/forest_management/cfa_urban_ hurricane Jlrant.html
6/14/2005
Emergency Hurricane Supplemental Grant for Florida: Division of Forestry- FDACS
Page 2 of 5
comprehensive urban forestry recovery and management plan.
o Reforestation of areas where tree canopy was destroyed.
o New Tree Plantings in areas (particularly coastal areas) where tree canopy establishment woul(
buffer the impact of future hurricanes.
o Providing Replacement Trees to private homeowners who lost trees during the hurricanes, eith,
through tree give-away or voucher programs. residents can plant these trees along privately
maintained rights-of-way, and in common areas in their neighborhood.
o Replacing exotic, overmature, and weak-rooted trees with more wind-resistant species.
o Exotic Vegetation Control in public parks and natural areas, where these species were spread b
the hurricanes.
o Corrective Pruning and other cultural practices to remove safety hazards, as well as improve tr
health and wind-resistance.
oRe-Staking Trees of all sizes that were blown over during one of the storms.
o Information and Educational Efforts, including development of written materials, exhibits, CD's
videos, public service announcements, and other materials to educate the public on how to
minimize tree damage from storms, and how to react when a storm occurs. Workshops and
seminars are also eligible.
The minimum grant application will be $10,000 ($5,000 for non-profit groups) and the maximum
range from $75,000 to $175,000. Larger communities, and those that received the most impact,
receive the higher amounts. Applicants may allocate up to 15% of their grant funds to hire either
temporary professional staff or an independent consultant to manage their projects.
o The Request for Proposal (pdf, 900k) must be submitted by 2:00 p.m. on June 30, 2005.
http://www.fl-dof.com/forest_ management/cfa _urban_hurricane -'pant.html
6/14/2005
A list of counties which received hurricane and tropical storm force winds during each of the four
hurricanes is also provided for your reference. This list will be used to help prioritize applications I
funding. Applicants are also encouraged to submit their own impact data from local sources to
support their applications.
o Approved projects must be complete no later than September 30, 2007.
FOR MORE INFORMATION CONTACT:
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Charlie Marcus
Urban Forestry Coordinator
Florida Division of Forestry
Emergency Hurricane Supplemental Grant for Florida: Division of Forestry- FDACS
Page 3 of 5
(850) 921-0300
Email: marcusc@doacs.state.fl.us
Exposure to Hurricane Force Winds in Florida Counties
COUNTY Charley Frances Ivan Jeanne Points
Polk C1-C3 C1 0 C2 175-225
Hardee C3 C1 0 C2 225
De Soto C2 C1 0 C2 200
Brevard TS C1-C2 0 C1-C3 125-195
Highlands TS C1-C2 0 C3 175-195
Ma rtin 0 C2 0 C3 175
Okeechobee 0 C2 0 C3 175
Osceola C1 C1 0 C2 175
Palm Beach 0 C2 0 C1-C3 125-175
St. Lucie 0 C2 0 C3 175
Indian River 0 C2 0 C3 175
Glades TS C2 0 C2 170
Hendry TS C1-C2 0 C2 150-170
Orange C1 C1 0 C1 150
Seminole C1 C1 0 C1 150
Charlotte C1-C3 TS 0 TS 90-140
Lee C1-C3 TS 0 TS 90-140
Hillsborough TS TS-C1 0 C1 90-120
Lake TS TS-C1 0 C1 90-120
Broward 0 TS-C1 0 TS-C1 40-100
Escambia 0 0 C3 0 100
Santa Rosa 0 0 C3 0 100
Pasco TS TS 0 C1 90
Flagler C1 TS 0 TS 90
Hernando TS TS 0 C1 90@
http://www.fl-dof.com/forest_management/cfa_urban_hurricane.....want.html 6/14/2005
Emergency Hurricane Supplemental Grant for Florida: Division of Forestry- FDACS
Page 4 of 5
Ma natee TS TS 0 Cl 90
Pinellas TS TS 0 Cl 90
Sa rasota TS TS 0 TS-Cl 40-90
Sumter TS TS 0 Cl 90
Vol usia Cl TS 0 TS 90
Okaloosa 0 0 Cl 0 50
Walton 0 0 Cl 0 50
Collier TS TS 0 TS 40
Duval TS TS 0 TS 40
Franklin 0 TS TS TS 40
Mon roe TS TS 0 TS 40
Putnam TS TS 0 TS 40
Alachua 0 TS 0 TS 40
Baker 0 TS 0 TS 40
Bradford 0 TS 0 TS 40
Citrus 0 TS 0 TS 40
Clay 0 TS 0 TS 40
Columbia 0 TS 0 TS 40
Dade 0 TS 0 TS 40
Dixie 0 TS 0 TS 40
Gadsden 0 TS TS 0 40
Gilchrist 0 TS 0 TS 40
Hamilton 0 TS 0 TS 40
Jefferson 0 TS 0 TS 40
Lafayette 0 TS 0 TS 40
Levy 0 TS 0 TS 40
Madison 0 TS 0 TS 40
Marion 0 TS 0 TS 40
Nassa u 0 TS 0 TS 40
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. Emergency Hurricane Supplemental Grant for Florida: Division of Forestry- FDACS
Page 5 of 5
St Johns 0 TS 0 TS 40
Suwannee 0 TS 0 TS 40
Taylor 0 TS 0 TS 40
Wakulla 0 TS TS 0 40
Bay 0 0 TS 0 20
Calhoun 0 0 TS 0 20
Gulf 0 0 TS 0 20
Holmes 0 0 TS 0 20
Jackson 0 0 TS 0 20
Leon 0 TS 0 0 20
Liberty 0 0 TS 0 20
Union 0 TS 0 0 20
Washington 0 0 TS 0 20
Key for Storm Force Winds
TS=Tropical Storm
Cl= Category 1 Hurricane
C2= Category 2 Hurricane
C3= Category 3 or Greater Hurricane
Points:
Category 3 or Greater Hurricanes: 100 points
Category 2 Hurricanes: 75 points
Category 1 Hurricanes: 50 points
Tropical Storm: 20 points
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6/14/2005
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MUNICIPAL AIRPORT
Subject: Resolution R-05-20, Florida
Department of Transportation (FDOT)
Grant Agreement for Business Plan
Cit of Sebastian, Florida
Agenda No. 05.13Q
r Submittal by:
City Manager
Department:
Department Head:
Purchasing/Contracting:
Finance Director:
City Attorney:
City Clerk:
Airport
/p
~
Date Submitted:
6/16/2005
For Agenda of:
Exhibits: (2) - Resolution R-05-20, FDOT Grant Agreement
6/22/2005
EXPENDITURE
REQUIRED: $ n/a
AMOUNT BUDGETED:
$ 0
APPROPRIATION
REQUIRED
(Grant Match): $ 10,000
SUMMARY
As Sebastian Municipal Airport's infrastructure is being developed to attract
businesses and create jobs in our community, a comprehensive business plan is now
needed to ensure realistic and sound measures are implemented to assist in maintaining
economic development and self-sufficiency for our airport. Due to the increasing demand
for new leaseholds at the airport, it is imperative to have a sound leasing policy,
minimum standards, development standards, rules and regulations, etc. This grant will
also help to construct an effective website as part of this effort is to assist in providing
informational tools to both the general public and prospective tenants. A thorough
business plan is not only critical to the economic viability of Sebastian Municipal
Airport, but it also aids the City of Sebastian in controlling growth at the airport by
establishing minimum standards and guidelines for both aviation and non-aviation
development.
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The receipt of this grant was the result of much coordination and cooperation between
airport staff and representatives from the Florida Department of Transportation (FDOT).
The Grant Agreement amount is based on the estimated cost of $50,000 for a
comprehensive plan including the appropriate deliverable documents as well as the
development and establishment of a new airport web site. Of this amount, eighty percent
will be funded by FDOT ($40,000), and the remaining twenty percent ($10,000) will
come from the Airport Enterprise Fund's contingency account.
This project was not budgeted during the FY 2004/2005 because at that time, both airport
staff and FDOT representatives were uncertain as to the availability of the grant funding.
Now that the grant funding is available, staff is recommending acceptance of it. Further
recommendations as to the specific scope of the proposed project as well as expenditure
requests will be presented to you in the future. This recommendation is simply to accept
the grant and appropriate the agreement's funds.
Airport staff will be available during your June 22, 2005 regularly scheduled meeting to
answer any questions you may have.
RECOMMENDATION
Move to approve Resolution R"05-20 authorizing staff to execute Joint Participation
Agreement from the Florida Department of Transportation entitled "Business Plan" for
$50,000 and appropriate same.
RESOLUTION NO. R-05-20
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 TO CREATE AN
AIRPORT BUSINESS PLAN; PROVIDING FOR CONFLICT;
PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the Florida Department of Transportation has agreed to provide
funding to create airport business plan; 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:
Section 1. AUTHORIZATION. The City Manager is hereby authorized to
execute the attached PUBLIC TRANSPORTATION JOINT PARTICIPATION
AGREEMENT Project No. 236223-1-94-01, entitled "Business Plan" on behalf of the
City.
Section 2. CONFLICTS. All resolutions or parts of resolutions in conflict
herewith are hereby repealed.
Section 3. EFFECTIVE DATE. This resolution shall take effect immediately
upon its adoption.
@)
The foregoing Resolution was moved for adoption by Council member
. The motion was seconded by Councilmember
and, upon being put into a vote, the vote was as follows:
Mayor Nate McCollum
Vice-Mayor Brian Burkeen
Councilmember Andrea Coy
Councilmember Salvatore Neglia
Councilmember Lisanne Monier
The Mayor thereupon declared this Resolution duly passed and adopted this_day of
,2005.
ATTEST:
Sally A. Maio, CMC
City Clerk
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CITY OF SEBASTIAN, FLORIDA
By:
MayorNate McCollum
Approved as to form and
Legality for the City of Sebastian
Rich Stringer
City Attorney
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
JOINT PARTICIPATION AGREEMENT
725-030-06
PUBLIC TRANSPORTATION
06103
PaJ:le10f12
Financial Project No.:
236223-1-94-01
(item-segment-phase-sequence)
Fund: DS
Function: 637
FLAIR Approp.: 088719
FLAIR Obj.: 750004
Org. Code: 55042010428
Vendor No.: VF 596000427008
Catalog of State Financial Assistance Number: 55004
Contract No.:
Federal No.:
Catalog of Federal Domestic 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 City of Sebastian
hereinafter referred to as Agency.
WITNESSETH:
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 332.006 (6)
Florida Statutes, to enter into this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties
agree as follows:
1.00 Purpose of Agreement: The purpose of this Agreement is
Business Plan
and as further described in Exhibit(s) A,B, & C attached hereto and by this reference made a part
hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and
state the terms and conditions upon which such assistance will be provided and the understandings as to the
manner in which the project will be undertaken and completed.
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725-030-06
PUBLIC TRANSPORTATION
06103
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2.00 Accomplishment of the Project
2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A"
attached hereto and by this reference made a part hereof, with all practical dispatch, in a sound, economical, and
efficient manner, and in accordance with the provisions herein, and all applicable laws.
2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit,
notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this
Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the
Agreement, the Agency will initiate and consummate, as provided by law, all actions necessaiy with respect to any such
matters so requisite.
2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary
including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project.
2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the
Department such data, reports, records, contracts and other documents relating to the project as the Department may
require as listed in Exhibit "e" attached hereto and by this reference made a part hereof.
3.00 Project Cost: The total estimated cost of the project is $ 50,000.00 . This amount
is based upon the estimate summarized in Exhibit "8" attached 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 Department Participation: The Department agrees to maximum participation, including contingencies,
in the project in the amount of $ 40.000.00 as detailed in Exhibit "8", or in an amount equal to the
percentage(s) of total project cost shown in Exhibit "B", whichever is less.
4.10 Project Cost Eligibility: Project costs eligible for State participation will be allowed only from the effective
date of this agreement. It is understood that State participation in eligible project costs is subject to:
(a) Legislative approval of the Department's appropriation request in the work program year that 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 scope and budget (Exhibits A & 8) at the time appropriation authority
becomes available.
4.20 Front End Funding: Front end funding 0 is @) is not applicable. If applicable, the Department
may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation
as shown in paragraph 4.00.
5.00 Retainage: Retainage 0 is @) is not applicable. If applicable, percent of the
Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the
Department's discretion, on or before the completion of the final project audit.
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6.00 Project Budget and Payment Provisions:
725-030.05
PUBLIC TRANSPORTATION
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PaQe3 of 12
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 disbursements
of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall
be effective unless it complies with fund participation requirements established in paragraph 4.00 of this Agreement and
is 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 program as of the date of the agreement. Payment will be made for
actual costs incurred 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
otherwise received on account of the project, which Department payments and other funds are herein collectively
referred to as "project funds". The Agency shall require depositories of project funds to secure continuously and fully all
project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for
the deposit of project funds by the Department, by the deposit or 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 approved 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 charges.
7.50 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 or in part to the project
shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such
documents.
7.60 Audit Reports: 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 of three years from the date
the audit report is issued, and shall allow the Department access to such records and working papers upon request. The
following requirements 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 generai, the Auditor
General, or any other state official.
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PUBLIC TRANSPORTATION
06103
PaQe4 of 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 of OMB
Circular 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
Circular A-133, the cost of the audit must be paid from non-Federal funds.
The Agency agrees to allow the 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 re.quirements 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 audit 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 10th 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 Govemor, the State Comptroller, and the
Auditor General. In determining the State awards expended in its fiscal year, the Agency shall consider all sources of
State awards except State awards received for Federal program matching requirements which shall be excluded from
consideration. 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,
F.S., 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, F.S.
The Agency shall provide annual financial reporting package.of audits prepared in accordance with Section 215.97,
F.S., and applicable Rules of the Auditor General to the Department and to:
State of Florida Auditor General
Room 574, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 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 intemal 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.
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PUBLIC TRANSPORTATION
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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 faciiities or reimburse the Department to the extent of its
interest in the lost equipment or facility.
In the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the
Department may waive or modify this section with an Exhibit "C".
8.00 Requisitions and Payments:
8.10 Action by the Agency: in order to obtain any Department funds, the Agency shall fiie with the
Department of Transportation, District Four Public Transportation Office 3400 W Commercial Bivd, Ft Laude, FL,
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, F.S.
For real property acquired, submit;
the date the Agency acquired the real property,
a statement by the Agency certifying that the Agency has acquired said real properly, and
actual consideration paid for real property.
a statement by the Agency certifying that the appraisal and acquisition of the real property
together with any attendant relocation of occupants was accompiished 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 Department
may elect by notice in writing not to make a payment on the project if:
8.13
(1)
(2)
(3)
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
fumished therewith or pursuant hereto;
8.22 Litigation: There is then pending iitigation with respect to the performance by the Agency of any of
its duties or obiigations 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. ~ J
8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to .
the project suspends or terminates federal financial assistance to the project. In the event of suspension or
termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs.
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8.30 Disallowed Costs: In determining the amount of the payment. the Department will exclude all projects
costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest
approved budget for the project, and costs attributable to goods or services received under a contract or other
arrangements which have not been approved in writing by the Department.
8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit
or for work or services performed pursuant to this agreement, the Department may offset such amount from payments
due for work or services done under any public transportation joint participation agreement which it has with the 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 Tenmination 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 Agreement.
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 carry out the
actions required therein which may include any or all of the following: (1) necessary action to terminate or
suspend, as the case may be, project activities and contracts and such other action as may be required or
desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a
statement of the project activities and contracts, and other undertakings 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 shail be carried out in conformity with the latest schedule, plan, and
budget as approved by the Department or upon the basis of terms and conditions imposed by the Department
upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval
of a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute
a waiver of any claim which the Department may otherwise have arising out of this Agreement.
9.12 The Department reserves the right to unilaterally cancei this Agreement for refusal by the contractor
or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of
Chapter 119, F.S. and made or received in conjunction with this Agreement.
10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after
payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the
Agency shall remit to the Department its share of any unexpended balance in the project account.
11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the
Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records
and accounts pertaining to the financing and development of the project.
~ 12.00 Contracts of the Agency:
l.V 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.
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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, F.S., Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve
the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to
the Department that selection has been accomplished in compliance with the Consultants' 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 perfomnance of Department assisted contracts.
13.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
13.10 Equal Employment Opportunity: In connection with the carrying out of any 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 payor other fomns 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 standard commercial
supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except
subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction,
demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to
employees and applicants for employment for project work, notices to be provided by the Department setting forth the
provisions of the nondiscrimination clause.
13.20 Title VI- Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a
certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d, et. seq.), the Regulations of the Federal Department of Transportation issued thereunder, and the
assurance by the Agency pursuant thereto.
13.30 Title VIII - Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a
certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42
USC 3601 ,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national
origin, creed, sex, and age.
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 by the ADA (42 U.S.C. 12102, et. seq.), the
regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto.
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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 during his tenure or for two years
thereafter has any interest, direct or indirect. If any such present or former member, officer, or employee involuntarily
acquires or had acquired prior to the beginning of his tenure any such interest, and if such interest is immediately
disclosed to the Agency, the Agency with prior approval of the Department, may waive the prohibition contained in this
subsection: Provided, that any such present member, officer or employee shall not participate in any action by the
Agency relating to such contract, subcontract, or arrangement. The Agency shall insert in all contracts entered into in
connection with the project or any property included or planned to be inciuded in any project, and shall require its
contractors to insert in each of their subcontracts, the following provision:
"No member, officer, or employee of the Agency during his tenure or for two years thereafter shall have
any interest, direct or indirect, in this contract or the proceeds thereof."
The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal
depositories, or to any agreement for utility services the rates for which are fixed or controlled by a Governmental
agency.
13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the
United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom.
14.00 Miscellaneous Provisions:
14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification 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 in the event of non-compliance
with applicable environmental regulations, including the securing of any appiicable permits, and will reimburse the
Department for any ioss incurred in connection therewith.
14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder
to any party other than the Agency.
14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any
payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any
default which may then exist, on the part of the Agency, and the making of such payment by the 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 remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to
conform to the terms and requirements of applicable law.
14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and,
also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the
financing hereunder.
14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce
compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State
law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once 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.
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14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities
and equipment will be used by the Agency to provide or support public transportation for the period 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
during 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 provided 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
expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees, during the
performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this
paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act
by the Department or any of its officers, agents, or employees during the performance of the Agreement.
When the Department receives a notice of ciaim for damages that may have been caused by the Agency in the
performance of services 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 ciaim as described in this section. The Department's failure to promptly notify the 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 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment
or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate
plans and specifications covering the project. The Department will review all plans and specifications and will issue to the
Agency written approval with any approved portions of the project and comments or recommendations concerning any
remainder of the project deemed appropriate. After resolution of these comments and recommendations to the
Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project.
Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in paragraph
8.23.
16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final
invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency
facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended
purpose.
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17.00 Appropriation of Funds:
17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an
annual appropriation by the Legislature.
17.20 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period
of more than one year, the provisions of Chapter 339.135(6)(a), F.S., 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 written, made In violation of this subsection is null and void, and no money may be paid on such
contract. The Department shall require a statement from the comptroller of the Department that funds are available prior
to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the
making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the
services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be Incorporated
verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term
for a period of more than 1 year."
18.00 Expiration of Agreement: The Agency agrees to complete the project on or before
6/30/2007 . 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
Director of Transportation Development . Expiration of this Agreement will be considered termination
of the project and the procedure established in paragraph 9.00 of this Agreement shall be initiated.
18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days
after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid.
19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All
words used In the plural form shall extend to and Include 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:
21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on
behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any federal contract, the making of any federal grant, the making of any 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
attempting to infiuence an officer or employee of any federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying: in accordance with
its instructions.
The Agency shall require that the language of this section be included in the award documents for all subawards at all
tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all
subreciplents shall certify and disclose accordingly.
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21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a 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
otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial
Services. 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 penaity in accordance with Section 215.422(3)(b), F.S. 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 less than one (1) dollar will not be enforced unless the Agency
requests payment. Invoices which have to be returned to an Agency because of vendor preparation errors will result in a
delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the
Department.
A Vendor Ombudsman has been established within the Department of Financial Services. 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 (850)410-9724 or by calling the Department
of Financial Services 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
entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid
on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on
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 in excess of the
threshold amount provided in s. 287.017, F.S. for CATEGORY TWO for a period of 36 months from the date of being
piaced 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 pubiic entity.
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Financial Project No.
Contract No.
236223-1-94-01
Agreement Date
IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written.
AGENCY
City of Sebastian
AGENCY NAME
SIGNATORY (PRINTED OR TYPED)
SIGNATURE
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TITLE
FOOT
See attached Encumbrance Form for date of Funding
Approval by Comptroller
LEGAL REVIEW
DEPARTMENT OF TRANSPORTATION
DEPARTMENT OF TRANSPORTATION
Director of Transportation Development
TITLE
Fin. Proj. No.: 236223-1-94-01
Contract No.:
Agreement Date:
EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
This exhibit forms an integral part of that certain Joint Participation Agreement
between the State of Florida, Department of Transportation and the
Citv of Sebastian
PROJECT LOCATION: Sebastian Municipal Airport
PROJECT DESCRIPTION: Business Plan
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
&V
Fin. Proj. No.: 236223-1-94-01
Contract No.:
Agreement Date:
EXHIBIT "B"
PROJECT BUDGET
This exhibit forms an integral part of that certain Joint Participation Agreement between the
State of Florida, Department of Transportation and
City of Sebastian
TOTAL PROJECT COST:
$50,000
PARTICIPATION:
Federal Participation:
FAA, FTA, UMTA, etc.
0.00%
$0
Agency Participation:
In-Kind
Cash
Other
20.00%
$10,000
Maximum Department Participation:
Primary (OS) (DDR) (DIM) (PORT)
Federai Reimbursable (DU) (FRA) (DFTA)
Local Reimbursable (DL)
80.00%
$40,000
$0
TOTAL PROJECT COST:
$50,000
c2J
Fin. Proj. No: 236223-1-94-01
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 the Citv 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 Agreement. If the
Agency takes any action 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 hoids 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. Preserving Rights and Powers:
a. It will not take or permit any action which would operate to deprive it of any of the rights and
powers necessary to perform any or all of the terms, ccnditions, 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 Department.
b. If an arrangement is made for management and operation of the airport by any agency or
person other than the Agency or an empioyee 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 ruies.
3. Hazard Removal & Mitigation: It will clear and protect terminal airspace required for instrument and
visual operations at the airport (including established minimum flight altitudes) by removing, lowering,
Joint Participation Agreement (JPA) Exhibit C
Page 1
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 in 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 iocalland use regulations that would adversely affect the continued level of airport operations
by the creation or expansion of incompatible land use 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 Plans: 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 offsite 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 all existing
improvements thereon.
b. Such airport layout plans and each amendment, revision, 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 Department, 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 as self-sustaining as possible under the circumstances 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 capitai 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 purposes on or off the
airport.
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9. Financial Plan: It will develop and maintain a cost-feasible 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 financial 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) Exhibit C
Page 2
shall be entered in the Joint Automated Capital Improvement Program (JACIP) Online Web site. The
JACIP Online information shall be kept current as the financiai 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 shali 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.
11. Economic Nondiscrimination: It will make the airport availabie 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 federai funding eligibility for
the airport. Further, it will avoid any action that renders the airport ineligible for federai 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 approvai authority.
15. Retention of Rights and Interests: 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, for a 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 right to disapprove the proposed project scope and cost of professional services.
Joint Participation Agreement (JPA) Exhibit
Page 3
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 as 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.
4. Disclosure: Grant the Department unrestricted authority to publish, disclose, distribute, and
otherwise use any of the material prepared in connection with this Agreement.
5. 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 eiectronic and editable format, of final project materials to the Department.
This includes computer-aided drafting (CAD) files of the airport layout plan.
b. Developing a cost-feasible financial plan, approved by the Department, to accomplish the
projects described in the airport master plan or depicted in the airport layout plan. The cost-
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 Commitments: Understand and agree that Department approval of this project
Agreement or any planning material developed as part of this Agreement does not constitute 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:
1. Applicable Laws: Acquire the land interest in accordance 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 5050AA.; 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 Department to execute each agreement with any third
party.
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 purchase within 60 days of executing this Agreement.
c@
b. If federal funds are 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 Airports:
a. Protect the airport and 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 aircraft parking
apron, and connecting taxiway within one year of the date of land purchase.
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. Airfield Access: The Agency will not grant or allow easement or access that opens onto or crosses
the airport runways, taxiways, 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,
maintenance, repair, or storage.
6. Use of Land: The Agency shall use the land for aviation purposes in accordance with the terms of
this Agreement within ten years after the acquisition date.
7. Disposal of land: For land purchased under an Agreement for airport noise compatibility or airport
development purposes, disposition of such land will be subject 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 circulars.
c. The project complies with all applicable building codes and other statutory requirements.
d. Completed construction complies with the original 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 work conforms to the plans, specifications, and@
Joint Participation Agreement (JPA) Exhibit C \ 0
Page 5
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 reporting 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 assistance at the airport.
F. Noise Mitigation Projects
If this project involves noise mitigation, the Agency assures that it will:
1. Local Government Agreements: For all 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 government. The agreement shall obligate the unit of local government
to the same terms, conditions, and assurances that apply to the Agency. The agreement and changes
thereto must be satisfactory 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 airport. The
Agency assures that it will take steps to enforce the agreement if there is substantial non-compliance with
the terms of the agreement.
(ii)
Joint Participation Agreement (JPA) Exhibit C
Page 6
MUNICIPAL AIRPORT
Cit of Sebastian, Florida
" -
Subject: Resolution R-05-21, Florida
Department of Transportatiou (FDOT)
Grant Agreement for Hurricane Damage
Repair
Agenda No. 06. /4D
for.Submittal by:
, City Manager
Department:
Department Head:
Purchasing/Contracting:
Finance Director:
City Attorney:
City Clerk:
~t
~
Date Submitted:
6/16/2005
For Agenda of:
(2) - Resolution R-05-21, FDOT Grant Agreement
6/22/2005
EXPENDITURE
REQUIRED: $ nla
AMOUNT BUDGETED:
$ 311,050
APPROPRIATION
REQUIRED
(Grant Match): $ 25,000
SUMMARY
In September of last year, the metal building that was to be used as Sebastian Municipal
Airport's maintenance facility was completely destroyed by Hurricane Jeanne. Because
the building was originally purchased by Sebastian Municipal Airport through Federal
Aviation Administration (FAA) funding, the money spent to acquire the building
($280,000) was eligible for reimbursement by the Congressional Appropriation to Florida
Airports, a program created for airports affected by the hurricanes, administered by the
FAA. Late last year, the City of Sebastian accepted a federal grant from the above-listed
program. The grant was for $338,000, of which $280,000 was to be used for
reconstructing the destroyed maintenance facility.
Recent inquiries and building estimates to reconstruct a new facility indicate that costs
have risen significantly as a direct result of Florida's storms and we can no longer rebuild
an equivalent facility for the awarded amount of $280,000. Therefore, airport staff has
been negotiating with representatives from the Florida Department of Transportation
(FDOT) to assist us with supplemental funding in order to complete this project. I'm
@
g
pleased to announce that our efforts have been successful and FDOT has awarded us an
additional Grant Agreement in the amount of $125,000. As typical with nearly all of our
FDOT grants, eighty percent of the agreement comes from the FDOT ($100,000), and the
remaining twenty percent ($25,000) will come from the Airport Enterprise Fund,
contingency account. This means that we will be able to construct a facility estimated to
cost approximately $400,000 for an out-of-pocket airport expense of $25,000.
This recommendation is only to accept the grant agreement and appropriate those specific
funds. Further recommendations for actual expenditures will follow during a future
meeting, once design proposals have been received and evaluated.
Airport staff will be available during your June 22, 2005 regularly scheduled meeting to
answer any questions you may have.
RECOMMENDATION
Move to approve Resolution R-05-21 authorizing staffto execute Joint Participation
Agreement from the Florida Department of Transportation entitled "Hurricane Damaf!e
Reoair" for $125,000 and appropriate same.
~;
RESOLUTION NO. R-05-21
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
ADDITIONAL HURRICANE DAMAGE REPAIR; PROVIDING FOR
CONFLICT; PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the Florida Department of Transportation has agreed to provide
funding for hurricane damage repair 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:
Section 1. AUTHORIZATION. The City Manager is hereby authorized to
execute the attached PUBLIC TRANSPORTATION JOINT PARTICIPATION
AGREEMENT Project No. 419212-1-94-01, entitled "Hurricane Damage Repair" on
behalf of the City.
Section 2. CONFLICTS. All resolutions or parts of resolutions in conflict
herewith are hereby repealed.
Section 3. EFFECTIVE DATE. This resolution shall take effect immediately
upon its adoption.
1
@
The foregoing Resolution was moved for adoption by Council member
. The motion was seconded by Council member
and, upon being put into a vote, the vote was as follows:
Mayor Nate McCollum
Vice-Mayor Brian Burkeen
Council member Andrea Coy
Council member Salvatore Neglia
Council member Lisanne Monier
The Mayor thereupon declared this Resolution duly passed and adopted this_day of
,2005.
ATTEST:
Sally A. Maio, CMC
City Clerk
~
CITY OF SEBASTIAN, FLORIDA
By:
Mayor Nate McCollum
Approved as to form and
Legality for the City of Sebastian
Rich Stringer
City Attorney
2
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
JOINT PARTICIPATION AGREEMENT
725-030-06
PUBliC TRANSPORTATION
06103
PaRe 1 ot12
Financial Project No.:
419212-1-94-01
(item-segment-phase-sequence)
Fund: OS
Function: 637
Contract No.:
Federal No.:
FLAIR Approp.: 088719
FLAIR Obj.: 750004
Org. Code: 55042010428
Vendor No.: VF 596000427008
Catalog of State Financial Assistance Number: 55004
Catalog of Federal DomestiC 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 City of Sebastian
hereinafter referred to as Agency.
WITNESSETH:
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 332.006 (6)
Florida Statutes, to enter into this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties
agree as follows:
1.00 Purpose of Agreement: The purpose of this Agreement is
Hurricane Damage Repair at Sebastian Municipal Airport
and as further described in Exhibit(s) A,S, & C attached hereto and by this reference made a part
hereof, hereinafter referred to as the proJect, and to provide Departmental financial assistance to the Agency and
state the terms and conditions upon which such assistance will be provided and the understandings as to the
manner in which the project will be undertaken and completed.
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725-030-06
PUBLIC TRANSPORTATION
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2.00 Accomplishment of the Project
2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A"
attached hereto and by this reference made a part hereof, with all practical dispatch, in a sound, economical, and
efficient manner, and in accordance with the provisions herein, and all applicable laws.
2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit,
notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this
Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the
Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such
matters so requisite.
2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary
including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project.
2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the
Department such data, reports, records, contracts and other documents relating to the project as the Department may
require as listed in Exhibit "C" attached hereto and by this reference made a part hereof. .
3.00 Project Cost: The total estimated cost of the project is $ 125,000.00 . This amount
is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof. The
Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved.
4.00 Department Participation: The Department agrees to maximum participation, including contingencies,
in the project in the amount of $ 100.000.00 as detailed in Exhibit "B", or in an amount equal to the
percentage(s) of total project cost shown in Exhibit "B", whichever is less.
4.10 Project Cost Eligibility: Project costs eligible for State participation will be allowed only from the effective
date of this agreement. It is understood that State participation in eligible project costs is subject to:
(a) Legislative approval of the Department's appropriation request in the work program year that 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 scope and budget (Exhibits A & B) at the time appropriation authority
becomes availabie.
4.20 Front End Funding: Front end funding 0 is G> is not applicabie. If applicabie, the Department
may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation
as shown in paragraph 4.00.
5.00 Retainage: Retainage 0 is G> is not applicable. If applicable, percent of the
Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the
Department's discretion, on or before the completion of the final project audit.
ca
6.00 Project Budget and Payment Provisions:
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PUBLIC TRANSPORTATION
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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 disbursements
of project funds oniy 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 program as of the date of the agreement. Payment will be made for
actual costs incurred 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 Governments", separate accounts to be maintained within Its existing accounting system or establish
independent accounts. Such accounts are referred to herein collectively as the "project account". Documentation of
the project account shall be made available to the Department upon request any time during the period of the
Agreement and for three years after final payment is made.
7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project
account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all
payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or
otherwise received on account of the project, which Department payments and other funds are herein collectively
referred to as "project funds". The Agency shall require depositories of project funds to secure continuously and fully all
project funds In excess of the amounts insured under federal plans, or under State plans which have been approved for
the deposit of project funds by the Department, by the deposit or 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 approved 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 charges.
7.50 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 or in part to the project
shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such
documents.
7.60 Audit Reports: 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 of three years from the date
the audit report is issued, and shall allow the Department access to such records and working papers upon request. The
following requirements 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, the Auditor
General, or any other state official.
.,
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PUBLIC TRANSPORTATION
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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 of OMB
Circular 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
Circular A-133, the cost of the audit must be paid from non-Federal funds.
The Agency agrees to allow the 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 audit 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 10th 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. In determining the State awards expended in its fiscal year, the Agency shall consider all sources of
State awards except State awards received for Federal program matching requirements which shall be excluded from
consideration. 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,
F.S., 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 audito~s working papers, as necessary for complying with the requirements of Section 215.97, F.S.
The Agency shall provide annual financial reporting package of audits prepared in accordance with Section 215.97,
F.S., and applicable Rules of the Auditor General to the Department and to:
State of Florida Auditor General
Room 574, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 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.
@
72S-03M6
PUBLIC TRANSPORTATION
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7.70 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has
and wili 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 ioss 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 land or for the construction of infrastructure such as airport runways the
Department may waive or modify this section with an Exhibit "C".
8.00 Requisitions and Payments:
8.10 Acti.on by the Agency: In order to obtain any Department funds, the Agency shall file with the
Department of Transportation, District Four Public Transportation Office 3400 W Commercial Blvd, Ft Laude. FL.
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, F.S.
For real property acquired, submit;
the date the Agency acquired the real property,
a statement by the Agency certifying that the Agency has acquired said real property, and
actual consideration paid for real property.
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 Department
may elect by notice in writing not to make a payment on the project if:
8.13
(1)
(2)
(3)
8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its
application, or any suppiement thereto or amendment thereof, or in or with respect to any document or data
fumished 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
reiated obligations without having been advised by the Department that same are approved;
8.24 Conflict of Interests: There has been any violation of the confiict cif 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. . \ q
8.26 Federal Participation (~f Applicable): Any federal. agency providing federal financial assistance to \
the project suspends or terminates federal financial assistance to the proJect. In the event of suspension
termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs.
8.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects
costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest
approved budget for the project, and costs attributable to goods or services received under a contract or other
arrangements which have not been approved in writing by the Department.
725--030-06
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8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit
or for work or services performed pursuant to this agreement, the Department may offset such amount from payments
due for work or services done under any public transportation joint participation agreement which it has with the Agency
owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department.
Offsetting amounts shail 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, finaily 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 ail 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 ail of its obligations under this Agreement.
9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final
termination or suspension notice under this paragraph, the Agency shail proceed promptly to carry out the
actions required therein which may include any or ali of the foilowing: (1) necessary action to terminate or
suspend, as the case may be, project activities and contracts and such other action as may be required or
desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a
statement of the project activities and contracts, and other undertakings the cost of which are otherwise
includable as projectcosts; 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 scheduie, plan, and
budget as approved by the Department or upon the basis of terms and conditions imposed by the Department
upon the failure of the Agency to furnish the scheduie, plan, and budget within a reasonable time. The approval
of a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute
a waiver of any claim which the Department may otherwise have arising out of this Agreement.
9.12 The Department reserves the right to unilateraily cancel this Agreement for refusal by the contractor
or Agency to ailow public access to ail documents, papers, letters, or other material subject to the provisions of
Chapter 119, F.S. 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 ail project costs payable from the project account is made, the
Agency shail remit to the Department its share of any unexpended balance in the project account.
11.00 Audit and Inspection: The Agency shail permit, and shail require its contractors to permit, the
Department's authorized representatives to inspect ail work, materials, payroils, records; and to audit the books, records
and accounts pertaining to the financing and development of the project.
12.00 Contracts of the Agency:
12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shail
not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation
funds, including consuitant, construction or purchase of commodities contracts or amendments thereto, with any third
Darty ,with respect to the project without the written approval. of the Department. Failure to obtain such approval shail be
1'tJ uffi~lent caus~ for nonp~yment by the D~partment as provided In paragraph 8.23. The Department specifically reserves
nto Itself the nght to review the qualifications of any consuitant or contractor and to approve or disapprove the
employment of the same,
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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, F.S., Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will Involve
the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to
the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act.
12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation:
12.31 DBE Polley: 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 perfonn contracts.
Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex
in the award and performance of Department assisted contracts.
13.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
13.10 Equal Employment Opportunity: In connection with the carrying out of any 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 inciude, but
not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of payor 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 standard commercial
supplies or raw materials, and shall require all such contractors to Insert a similar provision in all subcontracts, except
.subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction,
demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to
employees and applicants for employment for project work, notices to be provided by the Department setting forth the
provisions of the nondiscrimination clause.
13.20 Title VI . Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a
certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d, et. seq.), the Regulations of the Federal Department of Transportation issued thereunder, and the
assurance by the Agency pursuant thereto.
13.30 Title VIII . Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a
certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42
USC 3601 ,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national
origin, creed, sex, and age.
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 by the ADA (42 U.S.C. 12102, et. seq.), the
regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto.
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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 during his tenure or for two years
. thereafter has any interest, direct or indirect. If any such present or former member, officer, or employee involuntarily
acquires or had acquired prior to the beginning of his tenure any such interest, and if such interest is immediately
disclosed to the Agency, the Agency with prior approval of the Department, may waive the prohibition contained in this
subsection: Provided, that any such present member, officer or employee shail not participate in any action by the
Agency relating to such contract, subcontract, or arrangement. The Agency shail insert in all contracts entered into in
connection with the project or any property included or planned to be included in any project, and shail require its
contractors to insert in each of their subcontracts, the foilowing 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 or the proceeds thereof."
The provisions of this subsection shali not be applicable to any agreement between the Agency and its fiscal
depositories, or to any agreement for utility services the rates for which are fixed or controiled by a Governmentai
agency.
13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the
United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom.
14.00 Miscellaneous Provisions:
14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification 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 soiely responsible for any liability in the event of non-compliance
with applicable environmental reguiations, including the securing of any applicable permits, and will reimburse the
Department for any loss incurred in connection therewith.
14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder
to any party other than the Agency.
14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any
payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any
default which may then exist, on the part of the Agency, and the making of such payment by the 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 remainder of this Agreement shail not be affected. In such an instance the remainder would then continue to
conform to the terms and requirements of applicable law.
14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and,
also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the
financing hereunder.
14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce
compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State
law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once 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.
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14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities
and equipment will be used by the Agency to provide or support public transportation for the period 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 appiicable.
14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment
during 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 detennined on the basis of the ratio of the Department financing of the facility or equipment
as provided in this Agreement.
14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold
harmless the Department and all of its officers, agents, and employees from any claim, ioss, damage, cost, charge, or
expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees, during the
performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this
paragraph for any ciaim, 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 perfonnance of the Agreement.
When the Department receives a notice of claim for damages that may have been caused by the Agency in the
performance of services 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 notify the 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 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment
or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate
plans and specifications covering the project. The Department will review all plans and specifications and will issue to the
Agency written approval with any approved portions of the project and comments or recommendations concerning any
remainder of the project deemed appropriate. After resolution of these comments and recommendations to the
Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project.
Failure to obtain this Written approval shall be sufficient cause for nonpayment by the Department as provided in paragraph
8.23.
16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final
invoice, that the project was completed in accordance with applicable plans and specifications, is in piace on the Agency
facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended
purpose.
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17.00 Appropriation of Funds:
17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an
annual appropriation by the Legislature.
17.20 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period
of more than one year, the provisions of Chapter 339.135(6)(a), F.S., 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 written, made in violallon 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 cif 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 made shall be executory only for the value of the
services to be rendered or agreed to be paid for in succeeding fiscai years; and this paragraph shall be incorporated
verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term
for a period of more than 1 year."
18.00 Expiration of Agreement: The Agency agrees to complete the project on or before
6/30/2007 . 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
Director of Transoortallon Develooment . Expiration of this Agreement will be considered termination
of the project and the procedure established in paragraph 9.00 of this Agreement shall be initiated.
18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days
after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid.
19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All
words used in the plural form shall extend to and include the singuiar. 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:
21.10 Federal: The Agency agrees that no federai appropriated funds have been paid or will be paid by or on
behalf of the Agency, to any person for Influencing or attempting to influence any officer or employee of any federal
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the
entering into of any cooperallve agreement, and the extension, continuallon, 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
attempting 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,1he
undersigned shali complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with
its instructions.
The Agency shall require that the language of this section be included In the award documents for all subawards at all
tiers (including subcontracts, sub grants, and contracts under grants, loans and cooperative agreements) and that all
subreciplents shall certify and disclose accordingly.
@
.....
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21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a 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
otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial
Services. 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), F.S. 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 less than one (1) dollar will not be enforced unless the Agency
requests payment. Invoices which have to be returned to an Agency because of vendor preparation errors will result in a
delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the
Department.
A Vendor Ombudsman has been established within the Department of Financial Services. The dutie:s 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 (850)410'9724 or by calling the Department
of Financial Services 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
entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid
on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on
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 in excess of the
threshold amount provided in s. 287.017, F.S. 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 perfonm work as a contractor, supplier, subcontractor, or consultant under a contract
with any public entity, and may not transact business with any public entity.
0:9
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Financial Project No.
Contract No.
Agreement Date
419212-1-94-01
IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written.
AGENCY
FOOT
City of Sebastian
AGENCY NAME
See attached Encumbrance Form for date of Funding
Approval by Comptroller '
SIGNATORY (PRINTED OR TYPED)
LEGAL REVIEW
DEPARTMENT OF TRANSPORTATION
SIGNATURE
DEPARTMENT OF TRANSPORTATION
TITLE
Director of Transportation Development
TITlE
@)
Fin. Proj. No.: 419212-1-94-01
Contract No.:
Agreement Date:
EXHIBIT "An
PROJECT DESCRIPTION AND RESPONSIBILITIES
This exhibit forms an integral part of that certain Joint Participation Agreement
between the State of Florida, Department of Transportation and the
City of Sebastian
PROJECT LOCATION: Sebastian Municipal Airport
PROJECT DESCRIPTION: Hurricane Damage Repair
SPECIAL CONSIDERATIONS BY AGENCY:
The audit report(s) requiredin 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
Agency agrees that Department funds provided under this Agreement are specifically for
hurricane-related clean-up, repair, and replacement costs for Agency-owned facilities
that have not been, nor will be reimbursed by any other source, including but not limited
to, FEMA, FAA, and/or insurance. If the costs reimbursed hereunder by the Department
are also reimbursed by some other source, then Agency shall refund any amounts paid
hereunder by the Department for such costs.
Fin. Proj. No.: 419212-1-94-01
Contract No.:
Agreement Date:
EXHIBIT "B"
PROJECT BUDGET
This exhibit forms an integral part of that certain Joint Participation Agreement between the
State of Florida, Department of Transportation and
City of Sebastian
TOTAL PROJECT COST:
$125,000
PARTICIPATION:
Federal Participation:
FAA, FTA, UMTA, etc.
0.00%
$0
Agency Participation:
In-Kind
Cash
20.00%
$25,000
Other
Maximum Department Participation:
Primary (DS) (DDR) (DIM) (PORT)
Federal Reimbursable (DU) (FRA) (DFTA)
local Reimbursable (Dl)
80.00%
$100,000
$0
TOTAL PROJECT COST:
$125,000
([Zi)
Fin. Proj. No: 419212-1-94-01
Contract No.:
Agreement Date:
EXHIBIT "C"
AVIATION PROGRAM ASSURANCES
This exhibit forms an integral part of the Joint Participation Agreement between the State of Fiorida,
Department of Transportation and the Cltv 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 Agrellment 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 Agreement. If the
Agency takes any action 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. Preserving Rights and Powers:
a. It will not take or permit any action which would operate to deprive it of any of the rights 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 Department.
b. If an arrangement is made for management and operation of the airport by any agency or
person 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 protect terminal airspace required for instrument and
visual operations at the airport (including established minimum fiight altitudes) by removing, lowering,
Joint Participation Agreement (JPA) Exhibit C ~
Page 1 ~
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 in the vicinity of the airport.
The vicinity of the airport includes all areas that will be affected by normai 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 incompatible land use areas. The Agency assures that it will provide the
Department with a copy of ali local airport zoning ordinances, codes, rules, regulations, and amendments,
including proposed and granted variances thereto.
5. Consistency with Local Plans: 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 offsite 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 all existing
improvements thereon.
b. Such airport layout plans and each amendment, revision, or modification thereof, shall be
subject to the approval of the Department. The Agency will not make or penn it 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 Department, 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 as seif-sustaining as possible under the circumstances exi$ting at
the particular airport taking into account such factors as the volume of traffic and economy of collection. If
this Agreement resuits 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 wili 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 reiated to the actual air
transportation of passengers or property, or for environmental or noise mitigation purposes on or off the
airport.
9. Financial Plan: It will develop and maintain a cost-feasible 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 financial 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) Exhibit C
Page 2
shall be entered in the Joint Automated Capital improvement Program (JACIP) Online Web site. The
JACIP Online information shall be kept current as the financial plan is updated.
10. Operation & Maintenance: The airport and aii faciiities which are necessary t6 serve the
aeronautical users of the airport, shaii be operated at aii 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
ciose 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 substantiaiiy damaged or destroyed
due to an act of God or other condition or circumstance beyond the control of the Agency.
11. 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 aeronauticai activities offering services to the public at the airport.
12. Exclusive Rights: It will permit no exciusive 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 wiii take appropriate actions to maintain federal funding eligibility for
the airport. Further, it wiii 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 Interests: It wiii not seii, 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, for a 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 aii 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 right 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 wiii:
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 as required.
3. Public Information: Make such material available for examination by the public. No material
prepared under this Agreement shaii be subject to copyright in the United States or any other country.
Joint Participation Agreement (JPA) Exhibit C
Page 3
@
4. Disclosure: Grant the Department unrestricted authority to pubilsh, disclose, distribute, and
otherwise use any of the material prepared in connection with this Agreement.
5. 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 editable format, of final project materials to the Department.
This includes computer-aided drafting (CAD) files of the airport layout plan.
b. Developing a cost-feasible financial plan, approved by the Department, to accomplish the
projects described in the airport master plan or depicted in the airport layout plan, The cost-
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 Commitments: Understand and agree that Department approval of this project
Agreement or any planning material deveioped as part of this Agreement does not constitute 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:
1. Applicable Laws: Acquire the land interest in accordance 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 5050AA.; 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 Department to execute each agreement with any third
party.
c. Furnishing a projected schedule of events and a cash fiow 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 iand purchase according to Chapter 332, F,S.:
a. The Agency shall apply for a Federal Aviation Administration Airport Improvement Program
grant for the land purchase within 60 days of executing this Agreement.
@
b. If federal funds are 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 federai 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 iand
purchase is less than or equal to normal state and locai funding shares as described in Chapter
332, F.S., when the loan matures, no reimbursement to the Department shall be required.
4. New Airports:
a. Protect the airport and 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 aircraft parking
apron, and connecting taxiway within one year of the date of land purchase.
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. Airfield Access: The Agency will not grant or allow easement or access that opens onto or crosses
the airport runways, taxiways, 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,
maintenance, repair, or storage.
6. Use of Land: The Agency shall use the land for aviation purposes in accordance with the terms of
this Agreement within ten years after the acquisition date.
7. Disposal of land: For land purchased under an Agreement for airport noise compatibility or airport
development purposes, disposition of such land will be subject 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 circulars. .
c. The project complies with all applicable building codes and other statutory requirements.
d. Completed construction complies with the original 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 work conforms to the plans, specifications, an@
Joint Participation Agreement (JPA) Exhibit c \ ., ?
Page 5
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 reporting 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 financiai assistance at the airport.
F. Noise Mitigation Projects
If this project involves noise mitigation, the Agency assures that it will:
1. Local Government Agreements: For all 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 government. The agreement shall obligate the unit of local government
to the same terms, conditions, and assurances that apply to the Agency. The agreement and changes
thereto must be satisfactory 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 airport. 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 Participation Agreement (JPA) Exhibit C
Page 6
MUNICIPAL AIRPORT
Cit of Sebastian, Florida
Subject: Resolution R-05-22, Florida
Department of Transportation (FDOT)
Grant Agreement for Security
Improvements
Agenda No. 05. HI
Department:
Department Head:
Purchasing/Contracting:
Finance Director:
City Attorney:
City Clerk:
?
)
..#--7r..-s
~
Date Submitted:
6/16/2005
For Agenda of: 6/22/2005
(2) - Resolution R-05-22, FDOT Supplemental Grant Agreement
EXPENDITURE
REQUIRED: $ nla
AMOUNT BUDGETED:
$ nla
APPROPRIATION
REQUIRED: $ nla
SUMMARY
In March of 2002, the City of Sebastian accepted a Grant Agreement with the Florida
Department of Transportation in the amount of $150,000 to assist with anticipated costs
relating to the reactivation of Runway 8-26 (formerly referred to as Runway 9"27). This
agreement was in addition to another FDOT grant agreement for the same project, as this
was considered supplemental funding for additional expenses.
Due to project savings and value engineering, staff never had to utilize any funds from
this agreement to complete the project. It is FDOT policy that any unused grant funding
be either returned to them or converted to security enhancements. Rather than give back
the grant funding, staff has negotiated with FDOT personnel to convert this funding into
various security enhancements whereby specific expenditures will be brought before you
for consideration in the future. The most important benefit to this recommendation is that
there is no matching contribution required, as all security enhancements are funded at
IOO%byth'FDOT. @'V
@
For this reason, airport staff highly recommends acceptance of this Grant Agreement. As
mentioned above, no expenditures are being recommended at this time. This action was
not listed in the FY2004/2005 budget due to the fact that at the time, airport staff was
uncertain as to whether or not these funds were necessary to complete the runway project.
Now that the project is substantially complete, it is evident that they are not needed for
the runway, but could prove extremely beneficial to security enhancement.
Finally, staff would like to note that these funds were in fact budgeted with the runway
project, including the no longer necessary matching funds of $34,500. As mentioned
above, if approved for security enhancements there is no matching contribution necessary
resulting in a direct savings of$34,500.
The total of this grant agreement is $150,000, one hundred percent of which is funded by
FDOT ($150,000), and no matching contribution is necessary from the Airport Enterprise
Fund.
Airport staff will be available during your June 22, 2005 regularly scheduled meeting to
answer any questions you may have.
RECOMMENDATION
Move to approve Resolution R-05-22 authorizing staff to execute Supplemental Joint
Participation Agreement from the Florida Department of Transportation entitled
"Security Imvrovements" for $150,000 and appropriate same.
RESOLUTION NO. R-05-22
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 SECURITY
IMPROVEMENTS; PROVIDING FOR CONFLICT; PROVIDING FOR
EFFECTIVE DATE.
WHEREAS, the Florida Department of Transportation has agreed to provide
funding for security improvements; 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:
Section 1. AUTHORIZATION. The City Manager is hereby authorized to
execute the attached PUBLIC TRANSPORTATION JOINT PARTICIPATION
AGREEMENT Project No. 236232-1-94-01, entitled "Security Improvements" on behalf
of the City.
Section 2. CONFLICTS. All resolutions or parts of resolutions in conflict
herewith are hereby repealed.
Section 3. EFFECTIVE DATE. This resolution shall take effect immediately
upon its adoption.
@
The foregoing Resolution was moved for adoption by Council member
. The motion was seconded by Council member
and, upon being put into a vote, the vote was as follows:
Mayor Nate McCollum
Vice-Mayor Brian Burkeen
Councilmember Andrea Coy
Councilmember Salvatore Neglia
Council member Lisanne Monier
The Mayor thereupon declared this Resolution duly passed and adopted this_day of
,2005.
ATTEST:
Sally A. Maio, CMC
City Clerk
@
CITY OF SEBASTIAN, FLORIDA
By:
Mayor Nate McCollum
Approved as to fOrm and
Legality for the City of Sebastian
Rich Stringer
City Attorney
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT
Number 1
725-030-07
PUBLIC TRANSPORTATION
07102
PaRe 1 of5
Financial Project No.:
23623219401
(item-segment-phase-sequence)
Fund: OS
Function: 637
Contract No.: AL688
Federal No.:
FLAIR Approp.: 088719
FLAIR Obj.: 750004
Org. Code: 55042010428
Vendor No.: VF596000427008
Catalog of State Financial Assistance Number: 55004
Catalog of Federal Domestic 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 City of Sebastian
hereinafter referred to as Agency.
WITNESSETH:
WHEREAS, the Department and the Agency heretofore an the 5th
entered into a Joint Participation Agreement; and
WHEREAS, the Agency desires to accomplish certain project items as outlined in the Attachment "A" appended
hereto; and
day of April
2002
WHEREAS, the Department desires to participate in all eligible items far this project as outlined in Attachment
"A" for a total Department Share of $150,000.00
NOW, THEREFORE THIS INDENTURE WITNESSETH: that for and in consideration of the mutual benefits to flaw
from each to the other, the parties hereto agree that the above described Joint Participation Agreement is to be amended
and supplemented as follows:
1.00 Project Description: The project description is amended
Security Improvements
@)
2.00 Project Cost:
Paragraph 3.00 of said Agreement is decreased by $ -37,500.00
bringing the revised total cost of the project to $ 150,000.00
Paragraph 4.00 of said Agreement is decreased by $ 0.00
bringing the Department's revised total cost of the project to $ 150,000.00
725-030-07
PUBLIC TRANSPORTATION
07/00.
PaRe 2 0(5
3.00 Amended Exhibits:
Exhibit( s) B
of said Agreement is amended by Attachment "A".
4.00 Contract Time:
Paragraph 18.00 of said Agreement June 30th, 2007
725-030-07
PUBliC TRANSPORTATION
07/02
Page3of5
Financial Project No. 236232-1-94-01
Contract No. AL688
Agreement Date
Except as hereby modified, amended or changed, all other terms of said Agreement dated April 5th, 2002
and any subsequent supplements shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first
above written.
AGENCY
FOOT
AGENCY NAME
See attached Encumbrance Form for date of
Funding Approval by Comptroller
City of Sebastian
SIGNATORY (PRINTED OR TYPED).
LEGAL REVIEW
DEPARTMENT OF TRANSPORTATION
SIGNATURE
DEPARTMENT OF TRANSPORTATION
TITLE
Director of Transportation Development
TITLE
~
FORM 725-030-07
PUBLIC TRANSP ADMIN
OGC-08199
Page 4 of '"
FM No. 236232-1-94-01
Contract No.
AL688
Supp. Agreement Date
ATTACHMENT"A"
SUPPLEMENTAL AGREEMENT
This Attachment forms an integral part of that certain Supplemental Joint Participation Agreement between
the State of Florida, Department of Transportation and City of Sebastian
dated
DESCRIPTION OF SUPPLEMENT (Include justification for cost change):
Project Description amended to security improvements due to increased material and labor costs resulting from the
2004 hurricane season
PROJECT COST: Approved Net Change Amended
$187,500 ($37,500) $150,000
PARTICIPATION: Approved Amended Approved Net Change Amended
Department** 80.0% 100.0% $150,000 $0 $150,000
FAA 0.0% $0 $0 $0
Local 20.0% 0.0% $37,500 ($37,500) $0
TOTAL PROJECT COST: 100.0% 100.0% $187,500 ($37,500) $150,000
** Funding limits and activities in accordance with Senate Bill 48-B (Attached)
@
RECYCLED PAPER
Fl. LEGIS 2001-349
2001 Fla. Sess.l...lw Serv. Ch. 2001-349 (S.B. 48-B) (WEST)
FLORIDA 2001 SESSION LAW SERVICE
Seventeenth Lcglsl.turc,Spedal 'B' SeHion
Page 3
Copr. <<:> West GTonp 2001. All rights reserved.
Additions are indica\ed by <<+ T exl +>>; deletiOns by
<<- Text -->>. Changes in tables are made but not highlighted.
Chapter 2001-349
SB. No. 48-B
AlRPORTS AND LANDING FIELDS-.NOISE AND NOISE POLLUTION-ECONOMIC ASSISTANCE
An act relating to airports, amending s. 332.007, F.S.; providing economic assistance to airports; providing for noise
mitigation for certain airports; requiring certain notice to the Legislature; providing an effective date,
Be It EOl,c!ed by the Legislature of the State of Florida:
Section I. Subsection (8) is added to section 332.007, Florida Statutes, to read:
. <<FL ST !l 332.007>>
332,007, Admini'str.tion and,fmancing of aviation and airport programs and projects; state plan
<<+(8) Notwithstanding any other provision of law to the contrary, the department is authorized to provide operational
and maintmance assistance to publicly owned public-use airports. Such assislBnce shall be to comply with enhanced
federal security n;'luirements or to address related economic impacts from the events of Sepl.ember I I, 2oo\. For
projects in the current adopted work program, or projects added using the available budget of the department, airports
may reque't the department change the project purpose in accordance with this provision notwithstanding the provisions
of s. 339.135(7), For purposes of this subsection, the department may fund up to 100 percent of eligible project costs
tqat are not funded by the federal government. Prior to releasing any funds under this section, the department shall
review and approve the expenditure pions submitted by the airport. The department shall inform ,the Legislature of any
change that it approves under this subsection. This subsection shall expire on June 30, 2003.+>> '
<<FL ST n32. \3 >>
Section 1, [FNI] <<+Any multicounty airport authority created as an independent special district which is subject to a
development-oI-regional- impact development order and which has conducted a noise study in accordance "ith 14
C,F.R. Part 150 shall. in fiscal year 2002, estahlish a noise- mitigation-project fund in an amount of $7.5 million, which
shall be increased by another $2.5 million. in fiscal year 2004. The moneys in the project fund shall be segregated and
expended by the airport authority by December 31, 1006, to the extent necessary to comply with developmeint-order
commitments to acquire property from or otherwise mitigate property owners adversely affected by the development of
regioual impact If moneys are not expended for such purposes by December 3 I. 2006, the airport authority shall not
thereafter amend its development-of-regional-impact development order or commence development oI airport
infrastructure improvements authorized by such development order until such funds are fully expended for such
purposes. +>>
[mIl Tentative assignment as ~ 332.13
Section 3. This act shaU take effect upon becoming a law.
Copr. ~ West 2002 No Claim to Orig. U.S. Gcvt. Works
@
Approved by the Governor November 16, 2001.
for Submittal by: City Manager
Department Origin: Growth Mana emen 'h
Purchasing/Contracting: ((,
Finance Director:
City Attorney: ~
City Clerk:
a!YCf
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~
HOMlOP PWCAN.. ISlAND
CITY OF SEBASTIAN
AGENDA TRANSMITTAL
Subject: Final Plat for Phase IIIA of
Collier Club PUD Subdivision
Agenda No. OS. I '-13
Date Submitted: June 14, 2005
For Agenda of: June 22, 2005
Exhibits: Resolution R-05-23, Application, and Final Plat
EXPENDITURE REQUIRED: AMOUNT BUDGETED:
None
APPROPRIATION
REQUIRED:
SUMMARY
Collier Club Inc. has filed a final plat application for phase IlIA of Collier Club Subdivision, which
is designed as a deed restricted private single-family community. Phase IlIA contains 22.68 acres
with typical lots averaging 70' x 125' with 7.5' side setbacks, 25' rear setbacks and 10' front setbacks.
The developer has substantially completed all infrastructure and site development requirements,
including installation of public water and sanitary sewer as well as a closed drainage system with
curb and gntter road sections. Access to Phase IlIA will be accomplished via an extension of the
internal roadway network connecting to Phase llB.
As required by the Conceptual Development Plan, a secondary subdivision access will be provided via
a direct connection to the Sebastian Municipal Golf Course. Original approval was granted contingent
upon said access being completed prior to final plat approval for phase m. Unfortunately, delays in
construction have occurred for various reasons, but the City, Golf Course and Collier Club Inc. have
agreed upon the appropriate design, and the developer is requesting approval of the fmal plat prior to
construction completion. Accordingly, and in an effort to properly govern construction, staff required
Collier Club Inc. to post a bond in the amount of 110% of engineered construction cost estimates for
completion of the roadway.
Additionally, all engineering, and surveying details have been satisfied in accordance with Florida
Statutes.
RECOMMENDED ACTION
Move to pass Resolution R-05-23 for Collier Club Phase IlIA.
RESOLUTION NO. R-05-23
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA,
APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS
COllIER CLUB PHASE IlIA; PROVIDING FOR CONFLICTS AND
EFFECTIVE DATE.
WHEREAS, Collier Club, Inc., has filed an application for approval of a final plat for a
subdivision known as Collier Club Phase IlIA; and
WHEREAS, said final plat complies with applicable State and City codes and
regulations;
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF SEBASTIAN, as follows:
Section 1. FINAL PLAT APPROVAL. The City Council does hereby approve
the final plat for Collier Club Phase IlIA prepared by David M. Jones dated June 8, Z005.
Section 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith
are hereby repealed.
Section 3.
immediately.
The foregoing Resolution was moved for adoption by Councilmember
The motion was seconded by Councilmember and, upon being put into a
vote, the vote was as follows:
EFFECTIVE DATE.
This resolution shall take effect
Mayor Nathan McCollum
Vice-Mayor Brian Burkeen
Council member Lisanne Monier
Councilmember Andrea Coy
Councilmember Sal Neglia
The Mayor thereupon declared this Resolution duly passed and adopted this ZZnd day of June,
Z005.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Mayor Nathan B. McCollum
Approved as to form and legality for
reliance by the City of Sebastian only:
Sally A. Maio, CMC
City Clerk
@
Rich Stringer, City Attorney
r'.
~ City of Sebastian
~ Develo ment Order A Iication
A llcant If not owner written authorlzatlon notarized from owner Is re u1red
Name: toll i r CJu -Lnc.. c. 5i+e M
Address: I q qq +i 1
Phone Number. ('l '1 Z. ) '1 q'-l - FAX Number: ('1 '1 2.)
E-Mail:
Penntt Application No.
Owner If different from a lcant
Name:
Address:
Phone Number. (
)
FAX Number: (
)
E-Mail:
I Title of pennit or aellon requested:
PLEASE COMPLETE ONt Y THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING.
COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL eE ATTACHED AND 8-112" BY 11" COPIES OF ANY ATTACHMENTS
SHALL BE INCLUDED. ATTACH THE APPROPRIA1E SUPPLEMETAL INFORMATION FORM.
I A. ProjectName(lfappUcable): C.olher Clu.kLPhQ~f: TIT A
B. Site InfolTlllltlon
Address:
Lot:
Block:
Unit:
Subdivision:
Existing Use:
Future Land Use:
Indian River County Parcel #:
..3
Zoning Classification:
PD
PropoSed Use:
c. Detailed description of proposed activity and purpose of the requested pennit or action (attach
extra sheets If necessary):
@
,/
DATE RECEIVED:3.J.iJ~
~ f'1~J ~102
.;2;1.'[; I
-'-..
Permtt Application No.
D. Pro eet Personnel:
A ent:
Name:
Address
2-Z0
FAX Number. ('1'12)
Address
I oq
Phone Number: ('1 '12..) 'l
E-Mail:
Attornll :
Neme:
E-Mail:
Address
E-Mail:
Surve r:
Name:
Address .
E-Mail:
, BEING FIRST DULY SWORN, DEPOSE AND SAY Tl-iAT: _ I AM THE OWNER _ I
GAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS
, AND THAT ALL THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE
TRU:TO~~ AND BELIEF. 3 -3 -05
SIGNATURE
DATE
SWoRN TO AND SUBSCRIBED BEFORE ME BY o.<\-eS
WHO IS PERSONALLY KNOWN TO ME OR PRODUCED
AS IDENTIFICATION, THIS 2- DAY OF f'<'Q v-c.r-.
(I--,
NOTARy'S SIGNATURE
PRINTED NAME OF NOTARY
COMMISSION NO./EXPIRATION
SEAL:
@o- ' '~" M. ichelle Ann Monjar
l C:l t . "':..'~, Commission 100163065
... .~ Expires: Nov 11, 2006
.... Bouded'DJru
fII..... At1anticBondfngCo..IJ!e.
,20~
i\\\f\tlOOQ G-nn 1\01~
IY\\L~\\e ~" C"n01la.,
"''I::>~ ~ II III V)
Ql'lU
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HOMf; OF PWCAN ISLANJ)
CITY OF SEBASTIAN
AGENDA TRANSMITTAL
Subject: Final Plat for Sebastian Crossings
Subdivision
Agenda No. Y-05~d4
r Submittal by: City Manager
Department Origin: Growth Mana ernen
Purchasing/Contracting:
Finance Director:
City Attorney: t..~
City Clerk:
Date Submitted: June 14, 2005
For A enda of: June 22, 2005
Exhibits: Resolution R-05-2if Application, and Final Plat
EXPENDITURE REQUIRED: AMOUNT BUDGETED:
None
APPROPRIATION
REQUIRED:
SUMMARY
Sebastian Crossings, LLC, filed an application for final plat for a 47+/-acre parcel ofland to be
utilized for single-family residential. The Sebastian Crossings proposal includes a total of 137
single-family units on 47.854 acres, thus creating a density of 2.86 units/acre for the residential
portion. The design incorporates maximum preservation of open/common areas, while incorporating
the necessary roadway network and drainage system. The main stormwater management tract is
located within the interior of the subdivision, affording a large number of waterfront lots within the
community. Additionally, there is a large preservation tract along the entire southern boundary of the
property providing sufficient buffering from the future commercial development. The proposed
development will be connected to public water and sanitary sewer as well. Access will be
accomplished via a driveway connection to Dyrden Avenue connecting to Watervliet Street, with an
additional access to CR 512.
Typical lots are 75' x 120 on the north end ofthe subdivision and 56' x 120' on the south end with
7.5' side setbacks, 20' rear setbacks and 20' front setbacks.
Consistent with land development regulations, the developer has posted a bond in the amount of
110% of anticipated construction completion costs so as to permit final platting prior to completion
of infrastructure and site development requirements, including installation of public water and
sanitary sewer as well as a closed drainage system with curb and gutter road sections.
Additionally, all engineering, and surveying details have been satisfied in accordance with Florida
Statutes.
RECOMMENDED ACTION
~;)
Move to pass Resolution R-05-2t+for Sebastian Crossings.
RESOLUTION NO. R-05-24
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA,
APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS
SEBASTIAN CROSSINGS; PROVIDING FOR CONFLICTS AND
EFFECTIVE DATE.
WHEREAS, Sebastian Crossings, LLC, has filed an application for approval of a final
plat for a subdivision known as Sebastian Crossings; and
WHEREAS, said final plat complies with applicable State and City codes and
regulations;
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF SEBASTIAN, as follows:
Section 1. FINAL PLAT APPROVAL. The City Council does hereby approve
the final plat for Sebastian Crossings prepared by Daniel D. Garner dated June 7, Z005.
Section 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith
are hereby repealed.
Section 3.
immediately.
The foregoing Resolution was moved for adoption by Councilmember
The motion was seconded by Councilmember and, upon being put into a
vote, the vote was as follows:
EFFECTIVE DATE.
This resolution shall take effect
Mayor Nathan McCollum
Vice-Mayor Brian Burkeen
Councilmember Lisanne Monier
Councilmember Andrea Coy
Councilmember SaI Neglia
The Mayor thereupon declared this Resolution duly passed and adopted this ZZnd day ofJune,
Z005.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
By:
Mayor Nathan B. McCollum
Approved as to form and legality for
reliance by the City of Sebastian only:
Sally A. Maio, CMC
City Clerk
Rich Stringer, City Attorney
Permit Application No.
rftJ City of Sebastian
~ Development Order Application
Applicant (if not owner. written authorization (notarized) from owner is required)
Name: Sebastian River Crossings, LLC
Address: 3696 North Federal Hwy., Suite 203, Fort Lauderdale, FL 33308
Phone Number: (954) 567-5161 FAX Number: (954) 567-5166
E-mail: MMarkofsky@aol.com
Owner (if different from applicant)
Name:
Address:
Phone Number: ( )
E-mail:
FAX Number: ( )
Type of permit or action requested: Final Plat Approval
PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ....AG'I'J0lIlJHAT
YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATT .''S'i
11' COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPI}'A; ""
INFORMATION FORM. I "'... \
A. Projecrs Name (if applicable): Sebastian Crossings f ~ \ \
,... t>)
~ I
B. Site Infonnation: t;f I
"" I
Address: comer of CR510 and CR512 ~. /
~ ;
Lot:
Block:
Unit:
Indian River County Parcel #:
Zoning Classification: PUD-R
Future Land Use:
Existing Use:
Proposed Use: single family subdivision
_C. Detailed description of proposed activity and purpose of the requested permit
or action (attach extra sheets if necessary): to construct a 137 lot sinole
familv subdivision
DATE RECEIVED~flJQ:;
FEEPAID:$~
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Permit Application No.
D. Project Personnel:
Agent:
Name: Matthew Markofsky
Address: 3696 North Federal Hwy., Suite 203, Fort Lauderdale, FL 33308
Phone Number: (954) 567-5161 FAX Number: (954) 567-5166
E-mail: MMarkofsky@aol.com
Attorney:
Name: Joel Piotrkowski, Esquire
Address: 317- 71st Street, Miami Beach, FL 33141
Phone Number: (305) 865-4311 FAX Number: (305) 861-8813
E-mail: joel@gkppa.com
Engineer:
Name: Bruce Moia c/o Mosby & Associates
Address: 2455 14th Avenue, Vero Beach, FL 32960
Phone Number: ( 772 ) 569-0035 FAX Number: (772) 778-3617
E-mail: mosby001@yahoo.com
Surveyor:
Name: Jon Mott clo William Mott Land Surveying, Inc.
Address: 3716 NWickham Rd., Suite 3, Melbourne, FL 32935
Phone Number: (321) 751-4444 FAX Number: (321) 751 - 4445
E-mail: PLS5060@Wmlsi.com
I, Stanlev Markofskv. BEING FIRST DULY SWORN. DEPOSE AND SAY THAT: _ I AM THE OWNER ---1L I AM THE
LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF
THIS APPLICATION. D THAT THE INFORMATION. MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS
APPLICATION A URA D TRUE TO THE BEST OF MY KNOWLE E ND BELIEF.
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SIG URE . '"'-'1 <><~) (Y)OS\~ m~ DATE
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SWORN AND SUBSCRIBED BEFORE ME BY VtmJ9 Mkf(~5f,c--i'
WHO IS PERSONAALY KN~ ME OR PRODUCED /
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NOTARY'S SIGNATURE ~
@RINTED NAME OF NOTARY
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Permit Application No.
The following is required for all comprehensive plan amendments, zoning amendment
(including rezoning), site plans, conditional use permits, special use permits, variances,
exceptions and appeals.
INVE, _ THE OWNER(S) X THE LEGAL REPRESENTATIAVE OF THE OWNER OF THE PROPERTY
DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF
THE BOARD/COMMISSION OF THE CITY OF SEBASTIAN (THE "BOARD"rCOMMISSION") TO
PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING
APPLICATION.
INVE HEREBY WAIVE ANY OBJECTION OR DEFENSE INVE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF
THE PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE
PROPERTY, INCLUDING ANY CLAIM OR ASSERTATION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE
PROCESS RIGHTS UMDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTUTUTION WERE
VIOLATED BY SUCH ENTERING OR VIEWING.
THIS WAIVER AND CONSENT IS BEING SIGNED BY MElUS VOLUNTARILY AND NOT AS A RESULT OF ANY
COERSION APPLIED, OR PROMISES MAD ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE
CITY OF SE~STIAN. . 3 Jlt / _ ~
SIGNATUR~\'9' m""'\<~ ""~ ~
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Swom and subscribed before me by "'f11;n.jl~ flYl'1'lcDFSF::.d
Who is personally known to me or produced . / ./'
As identificaUon, tnlS ~ day OfN\l'n'~' 20~.
Notary's Signature _ ~ 7o~
Printed Name of Notary l.J-;;;t;;
Commission NoJExpiration bb 03'1(,.,hS<.
Seal:
If -.-~!,-\ll pUIJv. RENEE LURIE
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Sebastian River Crossings, LLC
Corporate Office
3696 North Federal Highway, Suite 203
Fort Lauderdale, FL 33308
Tel: 954 567 5161 ext.19
Fax: 954 567 5166
June 9, 2005
Ms. Dorri Bosworth, Zoning Technician
City of Sebastian
1225 Main Street
Sebastian, FL 32958
Via Hand Delivery
Re: Resolution No. R-04-44 - Sebastian Crossings Subdivision
Dear Dorri:
Pursuant to Resolution No. R-04-44 wherein it states that "A plan to avoid monotonous color
schemes and elevations for structures shall be submitted for staff approval prior to final platting."
please consider this letter to serve as the Plan. .. . . ".
Please be advised that the Declaration of Covenants, Conditions and Restrictions for the
Sebastian Crossings Subdivision (which document will be recorded in the Public Records of
Indian River County, Florida simultaneously with the Plat of Sebastian Crossings) will address
this restriction to avoid monotonous color schemes and elevations for structures wherein it states
in Article II - Architectural and Aesthetic Requirements, Section 12 - Duplication of Elevation
of the Declaration of Covenants, Conditions, and Restriction for the Sebastian Crossings 3
[Subdivision that "Builder shall not construct a residence / home with the same color schemes or
front architectural elevations on adjoining / adjacent Lots. No two Lots, side by side, shall have
the same color schemes or front architectural elevations."
Please advise if this meets with staff approval with regard to the condition that the City Council
of the City of Sebastian placed on the Sebastian Crossings Subdivision with respect to "A plan to
avoid monotonous color schemes and elevations for structures shall be submitted for staff
approval prior to final platting."
If any additional information is needed for the approval process of the Final Plat for the
Sebastian Crossings Subdivision, please do not hesitate to contact me at 954-439-2689.
Thank you for your cooperation.
Very truly yours,
SEBAST~ ~R CROSSINGS, LLC
;JjJ, <741/ '
~ Matthew Markofsky
"--~ Managing Agent
RESOLUTION NO. R.Q4.26
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, REPEALING RESOLUTION NO. R-03-14;
ESTABLISHING THE DATE AND TIME FOR CITY COUNCIL
MEETINGS, WORKSHOPS AND QUASI-JUDICIAL HEARINGS;
ADOPTING ROBERTS RULES OF ORDER; PROVIDING FOR
AGENDA PREPARATION; PROVIDING FOR AGENDA
MODIFICATION; PROVIDING FOR PUBLIC HEARING PROCEDURES
(OTHER THAN QUASI-JUDICIAL MATTERS); PROVIDING FOR
PUBLIC INPUT PROCEDURES; ESTABLISHING DIRECTION
RELATIVE TO VERBATIM TRANSCRIPTS; PROVIDING FOR REPEAL
OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS. the City Council of the City of Sebastian, Indian River County, Florida,
believes it to be in the best interest of Ihe citizens of Sebastian to provide clear direction to
establish Council meeting times and dates and provide for conduct of City Council meetings;
and
WHEREAS, City Council concurs that unadvertised items should be added to agendas
only by unanimous vote of the Councilmembers present.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, as follows:
SECTION 1. CITY COUNCIL MEETING DATE AND TIME.
Reaular Meetinas: Regular Meetings shall be held on the second and fourth
Wednesday of each month at 7:00 p.m. and shall adjourn at 10:30 p.m. unless extended by a
majority vote of City Council members present. A motion to extend the meeting time shall be
made only once during the Regular meeting and the motion shall be for no more than a thirty
(30) minute extension. All unfinished business at adjournment shall be carried to the beginning
of the next Regular City Council meeting uniess, prior to adjournment, items are placed on a
special meeting agenda.
Quasi-judicial Hearinas: Quasi-judicial hearings, when necessary, shall be conducted at
special meetings called for such purpose on the first and third Wednesday of the month, at 7:00
p.m. and shall adjourn at 10:30 p.m. unless extended by a majority vote of City Council
members present, The City Manager, at his discretion, may schedule a quasi-judicial hearing for
a Regular City Council meeting when necessary.
Workshoos: Workshops, when necessary, shall be held on the first and third Wednesday
of the month a17:00 p.m. and shall adjoum at 10:30 p.m. unless extended by a majority vote of
City Council members present. In the event that there is a special meeting for the purpose of
conducting a quasi-judicial hearing scheduled for the first or third Wednesday, the workshop wiU
follow the special meeting. A consensus to extend the workshop shall be made only once during
the meeting and the extension shall be for no more than a thirty (30) minutes. All unfinished
business at adjournment shall be carried to the beginning of the next scheduled workshop.
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SDecial Meetinas for Other Purooses: Special meetings for purposes other than quasi-
judicial hearings may be called in accordance with the Charter of the City of Sebastian. Special
meetings shall adjourn at 10:30 p.m. unless extended by a majority vote of City Council
members present. A motion to extend the meeting time shall be made only once during the
Special meeting and the motion shall be for no more than a thirty (30) minute extension.
SECTION 2. NO SUBSTANTIVE DECISIONS AT WORKSHOPS. At workshops,
matters may be discussed and placed on an appropriate City Council meeting agenda for formal
aCtion. Substantive decisions shall not be made at workShops.
SECTION 3. ROBERTS RULES OF ORDER ADOPTED. The City Council will follow
Roberts Rules of Order, Revised, 9th Edition, published by Scott, Foresman as a general
guideline in the conduct of all meetings and workshops. Failure to follow said rules shall not
affect the validity of any aCtion taken.
The City Council recognizes Robert Rules of Order are not applicable to every
procedural matter governing a public official in the State of Florida. Each Councilmember must
vote on all motions unless a Councilmember has a conflict of interest. A Councilmember may
make a motion, second a motion or participate in discussion on a motion without relinquishing
the chair, Members of Council have the exclusive right to raise questions of procedure or a point
of order to the Chair and have the Chair rule on the procedure or point of order. Any member of
Council may appeal the decision of the Chair to the entire Council.
SECTION 4. AGENDA SUBMITTAL DEADLINE AND PREPARATION, The City
Manager is directed to prepare agendas for all City Council meetings. Documentation for items
on agendas must be ~ubmitted to the City Clerk not later than noon on the Thursday preceding
the respeCtive meeting to expedite the preparation of agenda packets.
SECTION 5. AGENDA MODIFICATION. City Council. by a unanimous vote of its
members present, may modify the agenda to add an additional agenda item, and, in such event.
an individual who wishes to address City Council with respect to the new agenda item, shall be
afforded a reasonable opportunity to address City Council on such new agenda item.
SECTION 6. ORDER FOR PUBLIC HEARINGS (OTHER THAN OUASI-JUDICIAL)
BEFORE CITY COUNCiL. The order for public hearings (other than quasi-judicial) before City
Council is as follows:
A. Order of Business:
1. Chairperson shall announce the opening of the pUblic hearing.
2. City Attomey shall read the Ordinance or Resolution by title uniess the
City Charter, Code of Ordinances and/or Florida Statutes requires more
than the title be read.
3. Chairperson, if appropriate, shall announce the rules that apply to the
hearing.
4. City staff shall make a presentation, comments and preliminary
recommendation, if any.
5. Public input.
6. City staff final comments and recommendation, if any.
7. Chairperson closes hearing unless hearing continuation granted by the
affirmative vote of three Council members.
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B. Continuance of Public Hearing. City Council may'continue a public hearing
unless a continuance would violate City Charter, City Code. State or Federal law. A public
hearing may be continued to a time certain that the hearing will be re-opened and shall be
stated in the record. City Council may defer action on a matter and continue the publiC hearing
for receipt of written comments on the matter.
C. Deferring Decision on Merits. City Council may defer a decision on the merits of
any matter pending as a result of a public hearing.
D. Suspension of Rules. Any provisions of this Resolution may be suspended for
good cause by the affirmative vote of at least three Council members. The good cause shall be
stated on the record.
E. Failure to Follow Rules. If City Council fails to strictly abide by any provision of
this Resolution. such failure shall not invalidate action taken by City Councilor staff.
SECTION 7. PROCEDURES FOR SPEAKERS AND INTRODUCTION OF NEW
BUSINESS FROM THE PUBLIC.
A. Sian-uoSheet. Sign-up sheets shall be provided by the City Clerk prior to the
commencement of any meeting of City Council in the City Council Chambers one half hour prior
to the meeting or in the City Clerk's office from Monday through Wednesday from 8:00 a.m. to
4:30 prior to the meeting for Introduction of New Business from the Public and Public Hearings.
B. Public Inout on Aaenda Items. Individuals who wish to address the City Council on
items where public presentations are permitted on the agenda shall address the City Council
immediately prior to City Council deliberation of the agenda item. Individuals shall not address
City Council after commencement of City Council deliberation on an agenda item after public
input has concluded, provided, however, the Mayor and members of City Council may recall an
individual to provide additlpnal information or to answer questions. In addition, individuals shall
have the opportunity to address City Council during a public hearing held in accordance with
any federal or state law, the City Charter. the Code of Ordinances and the Land Development
Code of the City of Sebastjan.
C. Introduction of/'lew Business from the Public. Introduction of New Business from
the Public shall be that porlion of Regular Meeting agendas at which individuals may Introduce
new business not otherwise on the prepared agenda. "New Business" as used in this
paragraph, is defined as an item that has occurred or was discovered within the previous six
months. Any individual wishing to introduce new business during the Introduction of New
Business from the Public section of Regular City Council meetings shall have the opportunity to
address the City Council if they have signed the sign-up sheet prior to the commencement of
the meeting on a first come first heard basis. Individuals are encouraged, whenever possible. to
meet with staff to attempt to resolve matters. Individuals are also encouraged, whenever
possible, to sign up for lntrdduction of New Business from the public by noon on the Thursday
preceding the Regular Meeting and provide documentation for inclusion in the agenda packet.
No Introduction of New Business from the Public shall be allowed at special meetings or
workshops.
D. Time Limit for Public Inout Individuals. who are not parties in quasi-judicial
proceedings. shall be limited to five (5) minutes in making oral presentations to the City Council,
except If extended by the Chair or reduced by the Chair based on the amount of time avaUable.
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E. Written Presentations. Individuals may also submit written presentations to the City
Council by providing ten (10) complete copies to the City Clerk prior to commencement of the
meeting. .
F. Public Inout Addressed to Chair. AH public input shall be addressed to the Chair,
unless answering a question of a member of City Councilor City staff.
S~T10N 8. VERBATIM TRANSCRIPTS OF CITY COUNCIL MEE11NGS. Any person
who decides to appeal any decision made by the city council with respect to any matter
considered at any meeting or hearing will need a record of the proceedings and may need to
ensure that a verbatim record of the proceedings is made. which record includes the testimony
and evidence upon which the appeal is to be heard. in accordance with 286.0105 Florida
Statutes.
The City Clerk's office is not required to prepare verbatim trenscripts or parts of any
minutes of City Council meetings unless City Council, by majority vote. directs verbatim
transcripts for. any parts of any minutes it deems necessary and proper for conduct of internal
affairs of city.
SECTION 9. CONFUCT. All resolutions or parts of resolutions in conflict herewith are
hereby repealed, Including Resolution No. R-03-14.
SECTION 10. EFFECTIVE DATE. This Resolution shall lake effect upon its adoption.
The foregoing Resolution was passed for adoption by Councllmember lleptinstall . was
seconded by Councllmember Coniglio , end upon, being put 10 8 vote. the vote was
as fouows:
Mayor Nalhen McCollum aye
Va Mayor Joe Barczyk nay
Councllmember Raymond ConIglio aye
Councllmember Mike HeplinstaU aye
Councllmember Llsanne Monier absent
The Mayor thereupon decIarad this Resolution duly passed and adopted this 23rd day of
June 2004.
:~
Nalhen B. McCollum, Mayor
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Approved as 10 Form8lld Content for
Rellanca by the City d Sebastian Only:
;R.A]
RICh Sbinger, ~ey
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