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Home My WebLink About06282006 HOME OF PELICAN ISlAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, JUNE 28,2006 -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 6. 06.1 06 06.107 06.045 06.023 06.024 06.024 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE LED BY VICE MAYOR BURKEEN 3. MOMENT OF SILENCE 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-05-26) PROCLAMATIONS, ANNOUNCEMENTS, PRESENTATIONS A. Certificate of Completion to Council Member Paternoster - Florida Institute of Government Institute for Elected Municipal Officials B. Certificate of Appreciation to Michelle Merlin for Parks & Recreation Advisory Committee C. Certificate of Appreciation to Mary Ann Krueger for Temporary Environmental Advisory Committee D. Certificate of Appreciation to Harry Enderlein for Code Enforcement Board E. Certificate of Appreciation to Cindy Falco for Construction Board F. Certificate of Appreciation to William Nagy for Construction Board 1-14 06.037 15 8. 06.064 17-18 19-21 9. 06.076 23-24 06.113 25-62 7. CONSENT AGENDA All items 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. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. A. Approval of Minutes - 6/14/06 Regular Meeting B. Yacht Club Boat Ramp and Road Closures for Independence Day Celebration (Parks Transmittal 6/19/06) COMMITTEE REPORTS/RECOMMENDA TIONS A. Environmental Advisory Committee (Temporary) Appointments i. Confirm Council Appointees a. Vice Mayor Burkeen - Larry Birchmeyer b. Council Member Coy - Dale Simchick PUBLIC HEARING Procedures for public hearings (R-05-26) · Mayor opens hearing . Attorney reads ordinance or resolution . Staff presentation . Public input . Staff summation . Mayor closes 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. Second Public Hearing Easy Street Improvements Community Block Development Grant (Notice) B. Resolution No. R-06-14 - Sebastian Crossing Commercial Subdivision Preliminary Plat Approval - Quasi-Judicial (Growth Management Transmittal 6/20/06, R-06-14, Preliminary Plat, Staff Report, P & Z Minutes, Application, Environmental Report) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE PRELIMINARY PLAT FOR A COMMERCIAL SUBDIVISION KNOWN AS SEBASTIAN CROSSINGS COMMERCIAL; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. 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 11. OLD BUSINESS 12. NEW BUSINESS 13. CITY ATTORNEY MATTERS 2 14. 15. 06.112 63-65 67-70 16. CITY MANAGER MATTERS CITY CLERK MATTERS A. Florida League of Cities Annual Conference (Memos from FLC) i. Nominate Official to Resolutions Committee ii. Nominate Voting Delegate CITY COUNCIL MATTERS A. B. C. D. E. Mr. Burkeen Ms. Coy Mr. Paternoster Mr. Neglia Mayor McCollum I. Future Pro-Line Boats Fishing Tournaments - Letter 06.75 71 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) Procedures for Quasi-Judicial Hearing -Mayor opens hearing -City councilmembers disclose ex-parte communication -Applicant or agent makes presentation in favor of request following swearing in by City Clerk -Staff presents findings and analysis following swearing in by City Clerk -Council asks question of the applicant and staff -Mayor opens the floor for anyone in favor of the request (anyone presenting factual information shall be sworn but anyone merely advocating approval need not be sworn in) -Mayor opens the floor for anyone opposing request -Applicant provided opportunity to respond to issues raised by staff or public -Staff provided opportunity to summarize request -City Council deliberation and questions -Mayor calls for a motion -City council action HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MA TTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MA Y NEED TO ENSURE THA T A VERBA TIM 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. 3 Upcoming Meetings: July 12, 2006 - 7:00 pm - Regular Council Meeting July 26, 2006 - 7:00 pm - Regular Council Meeting August 9, 2006 - 7:00 pm - Regular Council Meeting August 23, 2006 - 7:00 pm - Regular Council Meeting September 13, 2006 - 7:00 pm - Regular Council Meeting September 27, 2006 - 7:00 pm - Regular Council Meeting October 11, 2006 - 7:00 pm - Regular Council Meeting October 25, 2006 - 7:00 pm - Regular Council Meeting 4 CIIY OF HOME OF PELICAN ISlAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, JUNE 14, 2006 -7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. The Mayor called the meeting to order at 7:00 p.m. 2. Mayor McCollum led the Pledge of Allegiance. 3. Father Morrissey of St. Sebastian Catholic Church gave the invocation. 4. ROLL CALL City Council Present: Mayor Nathan McCollum Vice-Mayor Brian Burkeen Council Member Andrea Coy Council Member Sal Neglia Council Member AI Paternoster Staff Present: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams MIS Systems Analyst, Barbara Brooke Airport Director, Jason Milewski Parks Supevisor, Chris McCarthy Police Lieutenant, Michelle Morris 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-05-o6) Mayor McCollum requested removal of item 12B; and Vice Mayor Burkeen requested removal of item 12A. On MOTION by Ms. Coy and SECOND by Mr. Burkeen the agenda was approved as amended on a voice vote 5-0. (iJ Regular City Council Meeting June 14, 2006 Page Two 6. PROCLAMATIONS, ANNOUNCEMENTS, PRESENTATIONS 06.106 A. Completion of Advanced Institute for Elected Municipal Officials Certificates to Council Members COY & Neqlia Mayor McCollum read and presented the certificates to Council Members Coy and Neglia. 7. CONSENT AGENDA All items 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. If a member of the public wishes to provide input on a consent agenda items, he/she should request a Council member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. 1-3 A. Approval of Minutes - May 24, 2006 Special Meeting - CDBG Public Hearing and Fair Housing Workshop 5-14 B. Approval of Minutes - May 24, 2006 Regular Meeting 15-22 C. Approval of Minutes - June 7,2006 Special Meeting On MOTION by Mr. Burkeen, and SECOND by Ms. Coy, items A, Band C were approved with a roll call vote of 5-0. 8. COMMITTEE REPORTS/RECOMMENDATIONS 06.045 A. Environmental Advisory Committee i. Member Report Mary Ann Krueger, Vice-Chair, Environmental Advisory Committee, reported that this is the best committee she has worked on; said the committee is still pursuing the environmental specialist position, is working on organizing a 2007 Earth Day, interested in updating and enforcing wildlife regulations on a local level above and beyond U.S. Fish and Wildlife, including gopher tortoise regulation, requested feedback on a letter the Tree & Landscape Advisory Committee drafted which had been mailed to landowners before they build and bulldozed their lots, and said she knew Council had read the last minutes and listened to the meeting tape. She asked that a letter that had been drafted to the Army Corps of Engineers requesting they put on hold a proposed development on Englar Drive, which the Committee thinks is a threat to the environment, be approved and mailed. The City Manager said he had read the letter and his recommendation was not to send it at this time because the application has not come before Planning and Zoning and was premature. He said at the time of subdivision plan review is when those comments can be considered by Council, and if Council goes on the record opposing this now it may create a problem. (j) 2 Regular City Council Meeting June 14, 2006 Page Three Ms. Coy said this may not come before Council and asked for notification when it is to go to the Planning & Zoning Commission. Ms. Krueger said she is sad to hear this because we have to let developers know about these issues; and she has no trust in the Planning & Zoning Commission. The City Attorney asked if this was her personal opinion or the opinion of the committee. Kristi Yanchis, member of the Committee, said she understood the committee was a little bit overzealous at its last meeting and apologized for it, and said with Trish Adams and Council's guidance, the committee does not intend to make the same mistakes. ii. Discussion - Sunset Committee Mayor McCollum said he had listened to the meeting tape, and the committee's recommendation was to send this letter, not to take it to Council, that there were allegations made by committee members that City staff is up to something. He said he will not tolerate this from a committee of the City, that comments about Barber Street widening were more than overzealous. He said he would like permission from Council to attend their next meeting to advise them on their duties and responsibilities. Mr. Burkeen said he has feelings in both directions and would support Mayor McCollum attending the meeting, though he was disappointed in what he heard on the tapes. Ms. Coy said she listened to the meeting and was disappointed, but was not willing to let the board go and would support the Mayor's offer to go on Council's behalf and explain the role of an advisory board. She said Mary Ann Krueger is her appointee, and sometimes the line between personal and private is hard for her. She said this is an important committee, and would put up a fight sunsetting the committee unless we had an environmental staff position. She said she did not want this to happen again, and we need to reiterate that. Mr. Paternoster said also listened and attended the meeting, and has attended several others. He said he would not want to see the committee sunsetted, and does believe the City needs an environmental position. He supported Mayor McCollum attending the next meeting. Mr. Neglia said he also attends meetings and they start out okay and then things are said that shouldn't be said. He said he spoke to Trish Adams and thought they had a great talk. He suggested that the committee be knocked down to five people and that a Council member be one of them, and follow rules in place. ~ 3 Regular City Council Meeting June 14, 2006 Page Four 06.022 23-26 c:E Trish Adams, Chairman, Environmental Advisory Committee, said she was on vacation for the last committee meeting, and if she was there the letter to Army Corps would not have gone to this point, noting she said at a previous meeting that the committee would discuss the letter and recommend it to Council. She said she had recommended that individual members were advised that they could have sent individual letters but this letter would have been counterproductive at this time. She said she will be sure that the meetings are run more productively and no negative comments about staff and council will be made. She said the committee has been making recommendations and hopefully the committee will go through their punch list with the Mayor at the next meeting. She said there has not been a staff liaison for quite some time, and a lot of time issues could be nipped in the bud if someone from staff was there. She suggested the new Growth Management Director. Dale Simchik, Easy Street, Sebastian, said the Environmental Committee is a good one and is important, and suggested fine-tuning their mission statement and keep it alive and going. The City Attorney advised on the status of County Commissioner liaisons. The City Manager advised on composition of different environmental committees sometimes working with members of various City committees. He expressed concern for a staff liaison and what the duties and responsibilities of the liaisons would be and suggested a Council member acting as liaison to the Committee would directly hear the concerns of the committee. Ms. Coy said she would not feel comfortable with a Council member as a voting member, but would be okay with a Council member being a non-voting member and perhaps on a rotating system. The City Attorney said there would not be a problem with a Council member sitting with the board and acting in a non-voting capacity. On MOTION by Mayor Mccollum and SECOND by Ms. Coy, Council selected Mr. Neglia as the non-voting liaison to the committee on a voice vote of 5-0. Mary Ann Krueger resigned from the Environmental Committee. Ms. Coy said she would make a new appointment before their next meeting. City Attorney advised that the meeting notice state that two or more council members may be in attendance. B. Code Enforcement Board (City Clerk Transmittal, Order) i. Receive Order 2006-9322 Orders were received and no action was required. 4 Regular City Council Meeting June 14,2006 Page Five C. Parks & Recreation Advisory Committee (City Clerk Transmittal, member list, applications, ad) i. Interview Unless Waived and Submit Nominations for: a. One Zone B Member with Term to Expire 5/31/09 Ms. Coy nominated Cindy Falco to zone B, and being no other applicants, she was appointed. b. One Zone D Member with Term to Expire 5/31/09 Mr. Neglia nominated Mr. Miller to zone D, and being no other applicants, he was appointed c. 2nd Alternate Position to Expire 5/31/09 if Desired by Council Ms. Coy nominated Walt McCarty to the 2nd alternate position, and being no other applicants he was appointed. 9. PUBLIC HEARING - None. 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 Daniel Mora, Joy Haven Drive, Sebastian, discussed a Code Enforcement case, and asked why he cannot put water into the canals and why he can't use canal water to run his sprinklers, specifically three days rather than two. The City Attorney said if he is pulling water from the canal, he can water at any time under the new St. Johns River Water Management District rule. Dale Simchik stated other agencies work independently from the City because many plan specifications have been already developed by the land owner. She asked Council to read Land Development Code 54-4-18.4 "Information to be included in site plan," because she is concerned with section 7b stating agencies provide evidence that any necessary permit be obtained for any activity that will impact wetland communities. She further stated section c provides that if intergovernmental coordination efforts are incomplete, the applicant shall provide evidence of good faith efforts that issues have been resolved. She stated the City might not want to take the chance on good faith effort and suggested an environmental specialist be hired perhaps on a per diem or case-by-case basis. She said she was concerned about the Fleming Street extension cutting through this ecosystem, noting it was originally planned to be two lanes. She said she is doing all that she can as an individual and asked that Council be sure that the Land Development Code is followed. G:'" - \ r:.J ) - / 5 Regular City Council Meeting June 14,2006 Page Six Pat Hall, Sebastian, Collier Creek Estates homeowners association, though speaking as an individual, said Collier Creek Estates is a unique and desirable community, said he has noticed since Easy Street was opened there is a higher rate of vandalism in the area, and that opening Fleming through their community will completely divide and change, not in a positive way, the face of Collier Creek. He further said he was in support of Mrs. Simchik and hoped the Land Acquisition Committee could purchase the property. He asked Council to do whatever it could to help maintain the land in its natural state. Louise Kautenberg, Sebastia.n, said the City needs to pay attention to projects already in place in Sebastian and asked that in the next budget the City adopt a realistic regular maintenance program for drainage ditches. Don Wright, 720 South Fischer Circle, President of South Moon Under homeowners association though speaking as an individual, expressed concerns about the proposed Fleming Street extension. He said he was unable to obtain information from the Growth Management Director regarding Fleming Street, was concerned about the cement plant proposed that may use that street as access to the west, discussed a drainage ditch next to which Laurel Preserve has installed a berm which will make it difficult to clean the ditch. He said they would support the Collier Creek position and support purchase by the Land Acquisition Committee. He said he would appreciate a contact within the City for updates on issues affecting the homeowners. Mayor McCollum said he needs to talk to Phil Madsen at Indian River County on the Fleming Street extension. The City Attorney clarified that a corridor area shown on a map that people deem to be the right-of-way it is not the road. George Maib, Ocean Concrete, said they will be trucking to the north and do not have any intention of using Fleming Street except to service contractors in that area. He said it has been alleged that they are driving the Fleming Street project and they are not. He said he will be making a presentation to the Council in the future. In response to Mr. Neglia, Mr. Maib said they will be using Old Dixie to CR 512. Mr. Neglia asked if they have had any discussions with Sebastian. The City Manager reminded that this is a county project dictating what roads will be used. (j;) ~/ Damien Gilliams, Sebastian, said he was happy to see Council was taking the lead on going to rolled-back rate for 2007; expressed concern about a new school proposed in the south county when most service industry people live in the north county; urged people to call school board members McGarvey, Wilson, and Quimby; and suggested that the Finance Director sit in on meetings as they do in Fellsmere to answer financial questions. 6 Regular City Council Meeting June 14, 2006 Page Seven Mayor McCollum called recess at 8:25 p.m. and reconvened the meeting at 8:32 p.m. All members were present. 11. OLD BUSINESS 06.077 41-75 A. Approve Purchase of Furnishinqs for Airport Administration Buildinq Furniture from Workscapes. Inc. in the Amount of $61,155.60 Includinq Delivery and Installation (Airport Transmittal, Bid Tabulations, Cost Summary, Specifications) On MOTION by Mr. Neglia and SECOND by Mr. Burkeen, the airport building furniture purchase from Workscapes, Inc. in the amount of $61,155.60 was approved on a roll call vote of 5-0. 06.111 77-87 B. Resolution No. R-06-13 - Renouncing Historic Train Depot {R-06-13, 2003 Aqreement with Florida Inland Naviqational District (FIND) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, RENOUNCING OWNERSHIP INTEREST IN THE HISTORIC TRAIN DEPOT; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. On MOTION by Ms. Coy, and SECOND by Mr. Burkeen Resolution No. R-06-13 was adopted on a roll call vote of 5-0. 12. NEW BUSINESS 06.108 06.066 89-96 06.109 97-100 A. Charter Officer Contracts and Appraisal Process - Requested by Vice Mayor Burkeen This item had been removed from the agenda under Agenda Modifications. B. Transfer $57.387 DST Funds from Riverview Park Phase IV Project C4204 to Phase III Project C2217 and Award Bid for Installation of Lift Station at Riverview Park to Aqua Waste Repairs of Fort Pierce in the Amount of $87,387 (Parks Transmittal. Bid Tabulation, References) This item had been removed from the agenda under Agenda Modifications. C. Award Bid for Installation of Special Needs Playqround at Friendship Park to Play It Safe Enterprises in Jupiter in the Amount of $33,750 (Parks Transmittal, Bid Tabulation, Reference List. Drawinq) On MOTION by Mr. Burkeen, and SECOND by Mr. Paternoster, the bid for the special needs playground at Friendship Park was awarded to Safe Enterprises in Jupiter in the amount of $33,750.00 was approved on a roll call vote of 5-0. In response to location discussion, the City Manager asked that the purchase be approved tonight and location of the equipment could be placed on the next Council agenda. He advised the area behind the Police Department parking lot has been considered. (j) 7 Regular City Council Meeting June 14, 2006 Page Eight Ms. Coy said she would support the location by the Police Department and would not want to see it near the Boys and Girls Club where it might receive extra wear and tear by non- handicapped kids. She asked where else in the City this type of equipment will go. Chris McCarthy said the Parks and Recreation Advisory Committee and a previous Council approved all city parks to have a hard rubber surface and sidewalks so that the handicapped residents will have equipment access at all parks. He said the bid opening will be June 25, 2006 with Council approval scheduled for early July. He said if the location by the Police Department was chosen, additional sidewalk may need to be installed. 06.077 101-103 Mr. D. Approve Expenditure for Water and Sewer Impact Fees to Indian River County Utilities in the Amount of $17,654 (Airport Transmittal. Cost Breakdown) On MOTION by Mr. Burkeen, and SECOND by Mr. Neglia, the expenditure for Indian River County water and sanitary sewer impact fees in the amount of $17,654 was approved on a roll call vote of 5-0. 06.078 105-112 E. Resolution No. R-06-10 Joint Participation Aqreement Entitled "Install Aviation Fuel Farm" in the Amount of $125,000 (Airport Transmittal 6/6/06, R-06-10, JPA) 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 SUPPLEMENTAL FUNDING FOR DEVELOPMENT OF AN AVIATION FUEL FARM; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. The City Manager briefly explained items E and F. John Van Antwerp, Sebastian, said the only reason for doing this is for revenues; and recommended slowing down airport operations and developing in a more conservative way. He said if it works well you will have a busier airport which residents may not like. He said the biggest reason not to do it is that it is wrong for government to get into competition with private businesses. Wesley Earl, supplier of fuel services to about 40 airports in the local market, offered his advice to the City in looking at this venture. Bob Van Wyck, Sebastian Aero Services, objected to the proposal, stating that the government should not compete with private enterprise, and that it may be illegal but is definitely unethical. John Oakes, Sebastian, asked the purpose for the City to sell fuel. (j) The City Manager responded that it is to diversify revenues in the airport fund, and to provide better services. 8 Regular City Council Meeting June 14,2006 Page Nine 06.078 113-118 Andrew Wallace, said if we are going into a business to encourage other people to come here and get gas, he is not for that because of increased flight traffic. Wesley Earl said there is no standard price, however, pricing does have an impact, noting Wachulla Airport fuel sales was city operated and they mark up 30 cents a gallon and said he had told them this was a liability to the City because there were inefficiencies. Bob Van Wyck suggested going to airnav.com for fuel prices. Mr. Neglia asked what projects were intended with the grant money. The City Manager said it was intended to purchase land and we are asking FDOT to reallocate and split it to these two projects. Mr. Neglia asked Mr. Van Antwerp what amount of fuel he sells, and Mr. Van Antwerp said when he was selling fuel, it was typically in the 20,000 gallon area depending on the economy. The City Manager said the City was looking to sell about 200,000 gallons. Ms. Coy said her involvement with this was phone calls by local pilots with concerns about fuel not being available. She asked the City Attorney if there is anything illegal about the City selling fuel and the City Attorney said it was not illegal. The City Manager said the average price is $4.47. Mr. Van Wyck said the current price for the fuel he sells is approximately $4.10 for locals and transients pay $4.46. Ms. Coy said if we regulate the price we can also regulate who comes here for fuel, and it is not her goal to be the low guy. On MOTION by Mr. Burkeen, and SECOND by Mr. Paternoster, Resolution Nos. R-06-10 and R-06-11 were adopted on a roll call vote of 5-0. F. Resolution No. R-06-11 Joint Participation Aqreement Entitled "Construct Access Road" in the Amount of $125,000 (Airport Transmittal 6/6/06 (see above), R-06-11, JPA) 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 SUPPLEMENTAL FUNDING FOR CONSTRUCTING AN ACCESS ROAD (CORPORATE PARK DR.); PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. See above for approval. 9@ Regular City Council Meeting June 14, 2006 Page Ten 06.079 119-146 06.096 147-152 ~.IO/ ~,SJ G. Resolution No. R-06-12 Joint Participation Aqreement Entitled "Desiqn and Enqineerinq Services for Taxiwav C" in the Amount of $157,894 {Airport Transmittal 6/6/06. R-06-12. JPA} A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORATION JOINT PARTICIPATION AGREEMENT WITH FDOT TO PROVIDE FUNDING FOR DESIGN AND ENGINEERING SERVICES FOR TAXIWAY C; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. The City Manager explained the project. On MOTION by Mr. Burkeen, and SECOND by Ms. Coy, Resolution No. R-06-12 was adopted on a roll call vote of 5-0. H. First Reading Ordinance No. 0-06-06- Code Enforcement Special Master - Set Public Hearinq for July 12. 2006 {City Attorney Transmittal. 0-06-06} AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 2, ARTICLE VI, DIVISION II, CODE ENFORCEMENT BOARD AND RENAMING SAID DIVISION CODE ENFORCEMENT; AMENDING CODE TO REFLECT USE OF SPECIAL MAGISTRATE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Ordinance No. 0-06-06 by title and explained the intent of the ordinance to change the method of Code Enforcement to a Special Magistrate rather than a Code Enforcement Board, due to the fact that it is a better method to use in complex commercial legal cases and it is better to have an attorney acting on our behalf. John Oakes, Sebastian, asked if are there any negatives to this decision. The City Attorney said the one thing you will lose is the human touch, but by the time most people will see a magistrate they will have received three noticed deadlines to comply. Mr. Oakes then surmised that this would not affect the average citizen. Mr. Paternoster said this is only the first of other phases he plans to propose, the next being the residential enforcement where a lot of problems exist. He said this is no reflection on the Code Enforcement Board, which he said, has done a great job. On MOTION by Ms. Coy, and SECOND by Mr. Neglia, Ordinance No. 0-06-06 was passed on first reading and public hearing was set for July 12, 2006 on a roll call vote of 5-0. 13. CITY ATTORNEY MATTERS - None 14. CITY M/ANAGER MATTERS - None 10 Regular City Council Meeting June 14, 2006 Page Eleven 15. CITY CLERK MATTERS 06.110 153 A. Christmas Parade 2006 (City Clerk Transmittal) The City Clerk reported on a brief meeting of participants in last year's parade and asked Council's concurrence to conduct the parade on December 2nd, and said the group will come back with more specifics on street closings after they talk to business owners. On MOTION by Mr. Neglia, and SECOND by Mr. Burkeen, City Council agreed with the Christmas Parade on December 2, 2006 as requested on a voice vote of 5-0. 06.092 155 B. Approve Early Votinq in City Council Chambers for September and November Elections and Concur with Space in Old City Hall/Schoolhouse Buildinq for Future Early Votinq (City Clerk Transmittal) The City Clerk requested Council's concurrence to use the Council Chambers for fall early voting, and approval to assign a location for future early voting in the newly renovated old school houselcity hall to the Supervisor of Elections. Mayor McCollum suggested it might be better to give the City Clerk blanket approval for all early voting in the City facilities. The Clerk explained that it will take place in the new City Hall Council Chambers unless the renovation project is completed in time and a new location is designated. On MOTION by Mr. Paternoster, and SECOND by Ms. Coy, City Council agreed with the use of the Council Chambers for all early voting and agreed to a location in the old schoolhouselcity hall building upon completion of the renovation on a roll call vote of 5-0. 16. CITY COUNCIL MATTERS A. Mayor McCollum Mayor McCollum announced that Commissioner Wesley Davis is away, and that Commissioner Tom Lowther will meet with him at his public forum the next third Tuesday of the month from 6 pm to 7 pm. He asked if the City had jurisdiction on Old Dixie and if there was any provisions for a toll road. The City Attorney said he would research it. He congratulated J-Med for its sponsorship of a winning Indy car and the notoriety they are receiving; asked if any Council members have interest in a Q float for the 4th of July and then decided to hold this off to the next meeting. {\ \ 11 Regular City Council Meeting June 14, 2006 Page Twelve B. Mr. Burkeen - None C. Ms. Coy Ms. Coy said John Dossell gave a kudo to the City for installing cleats and bumpers on docks at the request of Mr. Paternoster; said he had asked why the "no dogs" sign had been removed from the docks and it was explained that people can take their dogs out on the small loading docks to get in and out of boats but they are not allowed on the long twin piers. She asked that people use common courtesy when they are walking large dogs. Ms. Coy gave a dodo reference to East Coast Sod and Landscaping, a contractor for Adams Homes, for again blocking Easy and Dickens while unloading dirt onto property that was not theirs, though she said she had called Randy at Adams Homes, found he had left the company and spoke to Clay Patton and he made excuses. She said she then called the police but the truck had left by the time they arrived. She said her hero was Gail Cavanaugh of the Treasure Coast Builders, who she called and who contacted Clay Patton, and he said he will look at this issue and will have a new outlook. Ms. Coy, on behalf of the City Clerk, announced the Charter Review Committee would conduct public hearings on July 17 and August 14, 2006 at 6:30 p.m. on recommended Charter amendments. Mayor McCollum said the Castaway Marine had just finished their fishing tournament and they had banners all over the place. He would like to put on next agenda to contact the company and let them know that they may not use the Park in the future. D. Mr. Paternoster Mr. Paternoster said his forum will take place on June 27th from 6 - 7 pm in City Hall; asked if signs showing additional parking near snowshoe house had been installed and the City Manager said he will talk to staff again and this will be accomplished; asked about the progress of the ditch and swale maintenance and the City Manager said he was still putting together numbers and hopefully by the next meeting will be able to report what the cost will be to clear all ditches in this fiscal year, however, he said to get the number we will have to shift some financial blocks. @ 12 Regular City Council Meeting June 14, 2006 Page Thirteen E. Mr. Neglia Mr. Neglia said the City Manager has been moving along with the Yacht Club and he was meeting with an artist who will prepare a rendering of what Mr. Neglia would like to see there. 17. Being no further business, Mayor McCollum adjourned the regular meeting at 9:50 p.m. Approved at the June 2ffh, 2006 meeting. Nathan B. McCollum, Mayor ATTEST: Sally A. Maio, MMC - City Clerk @ 13 (ij) z:m IJf !)~!~~:~~l~#lft;1 &CC:::'::.": ...",'~ ~:;:H.::.n2:J!;tP OOM~ Of ptlJ{;'&,;N l~il.AJ{D CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Yacht Club Boat Ramp and Road Closures for Independence Day Celebration Agenda No. Jj{O, D,~ 7 for Submittal by: City Manager . Department Origin: ~ i\A.c...~~ Finance Director: City Attorney: (ro, City Clerk: "~ -- Date Submitted: June 19, 2006 For Agenda of: June 28, 2006 EXPENDITURE REQUIRED: AMOUNT BUDGETED: NIA None APPROPRIATION REQUIRED: None SUMMARY Staff has met with representatives from the Lions Club to discuss logistics for this year's Independence Day Celebration. The Yacht Club boat ramp and certain road closures are required at different times to accommodate the parade and fireworks on Tuesday, July 4,2006. The Yacht Club boat ramp needs to be closed from 5PM Monday, 7/3/06 untilIAM Wednesday 7/5/06. 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 until 11: OOPM and Sebastian Blvd. from just past the Hess Station east to Indian River Dr. from 5:30AM until 11 :OOPM. RECOMMENDED ACTION Move to approve the following road closures on Tuesday, July 4,2006: 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 11 :OOPM. Move to approve closing the Yacht Club boat ramp from 5PM Monday 7/3/06 untilIAM Wednesday 7/5/06. @ @ NAME: LA R-fU! ~, R-ct!J.{e:cJ ~ - HOME ADDRESS: /5'12- 'F\ iJ /Jt C <)7 ~.:1 )T',,-W HOME PHONE: I) R-1 -- '7 '53 '-/ HOME FAX: ::r~ -<f~57 E-MAIL: b,'rcl, /~o1.e BUSINESS: f) ( (l C * I'{ r::1 e:-R.. LA.f.JJ~c4 PiN c.,.. n.J c- BUSINESS ADDRESS: 1\/3 OlLe BUSINESS PHONE: '3 fcf-Fr~ BUSINESS FAX: tl &()VtY E-MAIL: 1T SUlI ~ ARE YOU A RESIDE~ 0: THE CITY OF SEBASTIAN? HOW LONG? ~...5 g- lP-5 DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? Nt> DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WH1CH BOARDS/COMMITTEES? XLI) PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: CHARTER REVIEW COMMITTEE (serves only 6 months evety 7 years - meets next in 2006) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary - meets during summer) CODE ENFORCEMENT BOARD (permanent board - meets once a month)* COMMUNITY REDEVELOPMENT ADVISORY COMMITTEE (permanent board-meets as needed) CONSTRUCTION BOARD (permanent board - meets once a month)* HANDICAPPED SELF-EVALUATION COMMITTEE (permanent board - meets quarterly) PLANNING AND ZONING COMMISSION (permanent board - meets twice a month)* :2:S: POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board- meets quarterly)* PARKS & RECREATION ADVISORY COMMITTEE (permanent board - meets once a month) TREE & LANDSCAPE ADVISORY BOARD (permanent board - meets once a month) .....-.... V OTHER TEMPORARY COMMITTEE (if applicable) t[/VV( fltJfJ ~L f\ />UI stJrP! cJ e1j"1 (WRITE IN COMMITTEE NAME) I~ * --.J Filing of financial disclosure is required following appointment "J ==:: HOME OF PELICAN ISlAND APPLICATION TO SERVE ON CITY BOARD/COMMITTEE (All City Board and Committee Members Must be Residents of the City of Sebastian) gkll~().JI-}. " L~ '...,.... -'tJ c-') .~:~.~' r'" 1/-1 /i----J. ~ i-<~' ;-~~ ? ~:-'-1 I~_j a CJl @ APPLICABLE EDUCATION ANDIOR EXPERIENCE: (a brief resume is required) g.5, Bv S,AJ(C$5 r~,M..OJ -IT u..-- c? ~4,jJ Ult-TCZ tv t> t~/C-. Ave 11. J>f\ /7- 'fc:Ittft-:5 l.-~ s;ctt-p 12- Co/V~J}-6T8 ~ HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR? C;; ~n.Y LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: I yIL -r (L e:E: + L.A:AJ'; :> c:: :1 (J l5:: -B 0 if t1--.h I Y it.. €v / ?r JOH/0 IJ IN M.j) c. () J fillY EJe,7ffJJS1 () f0 elf HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? No HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? NO WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? '16:$ F/C.~ I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification. I have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2-166 through 2-173 (attached). Information relative to a specific board or committee' availabl' quested. Subscribed and swom to before me this day of , by who is personally known to me, or has produced as identification. Notary Public, State of Florida \wp-form\applicat.wpd rev. 1/2004 Please return to Clerk's Office, 1225 Main Street, Sebastian, FL 32958 @ Simchick - BOARD APPLlCATIc5't~rdoc P C11YC'f r/ '1 ~i , \l fl~L. .../ '.1' !:, b n-rlc.,vf~ fa i / ~S f , 1', (/'. 0. I~' f . v HOME OF PElICAN ISlAND APPLICATION TO SERVE ON CITY BOARD/COMMITTEE (All City Board and Committee Members Must be Residents of the City of Sebastian) NAME: HOME ADDRESS: Dale Simchick HOME PHONE: 388-6006 Fl 2958 HOME FAX: E-MAIL: Sebastian easystreetcc@aol.com BUSINESS: BUSINESS ADDRESS: 4055 41st Ave Vero Beach Fl 32960 BUSINESS PHONE: 978-6201 BUSINESS FAX: 564-8067 E-MAILdsimchic@ircshe iff. org ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? HOW LONG? / YES 1 1 2 yr DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? NO DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDS/COMMITTEES? NO PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: CHARTER REVIEW COMMITTEE (seNes only 6 months every 7 years - meets next in 2006) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary - meets during summer) CODE ENFORCEMENT BOARD (permanent board - meets once a month)* CONSTRUCTION BOARD (permanent board - meets once a month)* HANDICAPPED SELF-EVALUATION COMMITTEE (permanent board - meets quarterly) PLANNING AND ZONING COIliTV1ISSION (permanent board - meets twice a month)* POLICE RETIRElv'ENT BOARD OF TRUSTEES (permanent statutory board- meets quarterly)* PARKS & RECREATION ADVISORY COMMITTEE (permanent board - meets once a month) '-./ TEMPORARY ENVIRONMENTAL ADVISORY COMMITTEE TREE & LANDSCAPE ADVISORY BOARD (permanent board - meets once a month) OTHER TEMPORARY COMMITTEE (if applicable) (WRITE IN COMMITTEE NAME) * Filing of financial disclosu re is required following appointment ~ P APPLICABLE EDUCATION AND/OR EXPERIENCE: (a brief resume is required) SEE ATTACHED RESUME HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR? SEE ATTACHED RESUME LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: I am an active and commited individual and concerned citizen of Sebastian who only wants to see this City get even better then it already is. HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS ORANY STATE? NO HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? NO WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? NOT AT THIS TIME I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification. I have been provided with, read and understand City of Sebastian Code of Ordinances Sections ,2-166 through 2-173 (attached). Information relative to a specific board or ~s available i~ req1sted.. ' ~ .hl..a. // ~ $L' Audt Applicant Signature ~ . me this ~day Of' , (!1.l'iY.tJ by who is personally known 0 me, or has produced identification. Please return to Office of the City Clerk, 1225 Main Street, Sebastian, FL 32958 - (772) 589-5330 \wp-form\applicat.wpd rev. 10/2005 @ ,v.\::;::.'i'~t(;~ ShaVeldra M. Smith :.h1+ ','l MY COMMISSION # DD289411 EXPIRES ':~i~'" February 10,2008 ";./:/ BONDWTHRUTROYFAIN INSlJRANCI; INC Dale Simchick 766 S Easy St Seba~ian,FI32958 772-388-6006 Application for Temporary Environmental Advisory Committee Cont'd APPLICABLE EDUCATION AND/ OR EXPERIENCE My 19 yr career working within law enforcement agencies and concern for my Neighborhood leads me to a self awareness and education on an environmental level. In fighting to save a total eco system that exists in the City of Sebastian, I had to Educate myself on environmental protection laws. I have interfaced as a concerned citizen with US Fish and Wildlife, Army Corps of Engineers, SJRWDM, and The Pelican Island Audubon Society. HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR? I would like to take my experience and apply it to the City level. By systematically Checking and listing the City codes already on the books that protect the environment And condense as a point reference for our committee. In coordination with the committee Review and take back to City Council any areas that may need further looking into. If the city is to maybe hire an environmental specialist it will serve as a great starting point for that position. I am also working in scheduling a tour with the Indian River Jr. Land Trust Of a local eco system and feel continued education of our youth is important. A respect for the environment should start early. c;dolL ....\\rr.~'~'JIII /!<J,~~ ShaVeldra M Smith k:.~}:g MYCOMMISS/ON# 00289411 EXPIRES ~~i"""o"~" February 10 2008 ',,9r..1lI'" BONDED THRu TROY FAIN'INSURANC~ INC - .- ,. , . " ~~bDLs~ . G~'!'~"';';ci . .T' '. ,.,., """",'''' ,"_-0",,, .."~"''''.C'.'- .}~A~,.,,,.,. ,_'0"_,_' .,,_., "~""'~"~" __,,=~ _'._."" ;:~~(YT!\F1\~ ;:; : .,: \_;; ic:' : ~ ..' !.::'-{,' t: @ I@ THE CITY OF SEBASTIAN SECOND PUBLIC HEARING NOTICE The City of Sebastian is applying to the Florida Department of Community Affairs (DCA) for a grant under the Neighborhood Revitalization Category in the amount of $750,000 under the FY2006 Small Cities Community Development Block Grant (CDBG) Program. For each activity that is proposed, at least 51% of the funds must benefit low and moderate-income persons. The activities, dollar amounts and estimated percentages benefit to low and moderate-income persons for which the city is applying are: Activity No. Activity Name CDBG Funds Estimated LMI Benefit 031 Flood and Drainage $750,000 Over 51% Exact budget figures will be available no later than July 15, 2006; however, at no time will the CDBG budget exceed $750,000. The proposed project will involve drainage improvements along Easy Street. The project limits will extend from CR 512 to Main Street. The project will require that both underground and surface drainage improvements which will include approximately 5,600 LF of new roadway construction (24 ft. wide), 11,200 LF of curb and gutter, install 5,600 LF of storm drain, 30 SY of sidewalk, drainage ditch crossing with headwalls, sod, driveway replacement and mobilization. The City plans to minimize displacement of persons as a result of planned CDBG funded activities in the following manner: No displacement is anticipated. If any persons are displaced as a result of these planned activities, Sebastian will assist such persons in the following manner: In accordance with the City's Anti-Displacement and Relocation Policy. A public hearing to provide citizens an opportunity to comment on the application will be held at Sebastian City Hall, Sebastian City Hall, 1225 Main St., Sebastian 32958 on June 28, 2006 at 7:00 pm. A draft copy of parts of the application will be available for review at that time. A fmal copy of the application will be made available at Sebastian City Hall Monday through Friday between the hours of 8:00 A.M. and 5:00 P.M. no more than five days after July 15, 2006. The application will be submitted to DCA on or before July 21, 2006. To obtain additional information concerning the application and the public hearing, contact Shai Frances at (772) 589-5330. (jj) The public hearing is being conducted in a handicapped accessible location. Any handicapped person requiring an interpreter for the hearing impaired or the visually impaired should contact Shai Frances at least five calendar days prior to the meeting and an interpreter will be provided. Any non-English speaking person wishing to attend the public hearing should contact Shai Frances at least five calendar days prior to the meeting and a language interpreter will be provided. To access a Telecommunication Device for Deaf Persons (TDD) please call (800) 955-8771. Any handicapped person requiring special accommodation at this meeting should contact Shai Frances at least five calendar days prior to the meeting. Pursuant to Section 102 of the HUD Reform Act of 1989, the following disclosures will be submitted to DCA with the application. The disclosure will be made available by Sebastian and DCA for public inspection upon request. The disclosures will be available on and after the date of submission of the application and shall continue to be available for a minimum of five years. 1. Other Government (federal, state and local) assistance to the project in the form of a gift, grant, loan, guarantee, insurance payment, rebate, subsidy, credit, tax benefit, or any other form of direct or indirect benefit by source and amount; 2. The identities and pecuniary interests of all developers, contractors, or consultants involved in the application for assistance or in the planning or development of the project or activity; 3. The identities and pecuniary interests of any other persons with a pecuniary interest in the project that can reasonably be expected to exceed $50,000 or 10% of the grant request (whichever is lower); 4. For those developers, contractors, consultants, property owners, or others listed in two (2) or three (3) above which are corporations, or other entities, the identification and pecuniary interests by corporation or entity of each officer, director, principal stockholder, or other official of the entity; 5. The expected sources of all funds to be provided to the project by each of the providers of those funds and the amount provided; and 6. The expected uses of all funds by activity and amount. EQUAL OPPORTUNITY EMPLOYMENT, FAIR HOUSING JURISDICTION AND HANDICAP ACCESSffiLE @ nJ HOME OF PWCAN ISlAND Subject: Resolution R-06-14 approving Preliminary Plat for Sebastian Crossings Commercial Subdivision Cit of Sebastian, Florida Agenda No. O{p, II 3 or Submittal by: City Manager Department Origin: Growth Management Purchasing/Contracting: Finance Director: City Attorney: City Clerk: Date Submitted: June 20, 2006 For Agenda of: June 28, 2006 Exhibits: R-06-14, Preliminary Plat, Staff Report, P & Z Minutes, Application, Environmental Report. EXPENDITURE REQUIRED: None AMOUNT BUDGETED: None APPROPRIA nON REQUIRED: None SUMMARY Kimley-Horn & Associates, on behalf of CRF Panther II, Inc. and Sebastian Crossings, LLC, has filed for preliminary plat approval for a commercial subdivision development located on the north side of CR 512, east and adjacent to the Sebastian River Middle School, near the Sunoco Gas Station. The project consists of 4 lots and a private master stormwater tract, along with a public ROW tract, which completes and connects Sebastian Crossings Boulevard to CR 512. The ROW tract will be dedicated to the City via the final plat process. All four lots are adjacent to CR 512. Access to the site will be accomplished via a driveway connection to CR 512 from Lot I and an access point from Sebastian Crossings Boulevard, which connects to CR 512, from Lot 4. Fifty feet within the southern section of each lot. will be designated as an access easement for traffic circulation to all properties. Proposed water and wastewater service for development of the individual lots will be accomplished via connection to Indian River County Utilities. Stormwater runoff for the proposed development of the subdivision lots will be routed to the master storm water tract with additional run-off to the wetland area north and adjacent to the subdivision. The site consists of 10.14 acres of total land area. The proposed preliminary plat reflects compliance with current CG zoning requirements including minimum lot size and all other dimensional criteria. Per the Land Development Code and established City procedures, the Planning and Zoning Commission held a public hearing at its June I sl meeting to consider the preliminary plat and made a recommendation to City Council for its approval. RECOMMENDED ACTION Conduct quasi-judicial public hearing. "Move to approve Resolution R-06-14, Preliminary Plat for Sebastian Crossings Commercial Subdivision". ~ (i0 RESOLUTION NO. R-06-14 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE PRELIMINARY PLAT FOR A COMMERCIAL SUBDIVISION KNOWN AS SEBASTIAN CROSSINGS COMMERCIAL; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. WHEREAS, CRF Panther II and Sebastian Crossing LLC, has filed an application for approval of a preliminary plat for a commercial subdivision known as Sebastian Crossings Commercial; and WHEREAS, said subdivision and plat comply 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. PRELIMINARY APPROVAL. The City Council of the City of Sebastian does hereby approve the preliminary plat and subdivision plan for Sebastian Crossings Commercial prepared by Daniel D. Gardner, P.S.M. of William Mott Land Surveying, Inc., with an engineer's stamp and signature dated May 9, 2006, as maintained on file with the City Growth Management Department, with the following conditions: A. Issuance of the SJRWMD permit before any landclearing allowed. B. Sign easement conveyed back to CRF Panther II. Section 2. CONFLICT. 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 Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: @ @ Mayor Nathan McCollum Vice-Mayor Brian Burkeen Councilmember Al Paternoster Councilmember Andrea Coy Councilmember Sal Neglia The Mayor thereupon declared this Resolution duly passed and adopted this 28th day of June, 2006. ATTEST: Sally A. Maio, MMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney CITY OF SEBASTIAN, FLORIDA By: Mayor Nathan McCollum HOME Of PELICAN ISLAND Growth Management Department Preliminary Plat Approval Application - Staff Report 1. Project Name: Sebastian Crossings Commercial 2. Requested Action: Subdivision Preliminary Plat Approval 3. Project Location a. Address: CR 512-Sebastian Boulevard Sebastian, Florida 32958 b. Legal: Provided - See Survey c. Indian River County Parcel Number: 31-38-22-00000-1000-00002.0 4. Project Owner: William Reynolds, Jr. CRF Panther II 500 S. Florida Avenue, #700 Lakeland, Florida 33807 (863) 647-1581 Matthew Markofsky Sebastian Crossings LLC 3696 N. Federal Hwy~ #203 Ft. Lauderdale, FL 33308 (954) 567-5161 5. Project Engineer: Jared Hockenberry, P.E. Kimley-Horn & Associates, Inc. 601 21st Street, Suite 400 Vero Beach, Florida 32960 (772) 562-7981 Fax: (772) 562-9689 6. Project Surveyor: William Mott Land Surveying, Inc. 1275 S. Patrick Drive, Suite H Satellite Beach, Florida 32937 (321) 773-4323 Fax: (321 )-777-4795 7. Project Description Narrative of proposed action: The applicant has filed for a commercial subdivision preliminary plat approval for 10.14 acres located on CR 512, east and adjacent to Sebastian River Middle School, just south of Sebastian Crossings residential subdivision, near the intersection of CR 510 and CR 512. The subdivision is for 4 lots and a private master stormwater tract, along with a public ROW tract, which completes and @ 1 ':::.,' connects Sebastian Crossings Boulevard to CR 512. The ROW tract will be dedicated to the City via the final plat process. All four lots are adjacent to CR 512. Access to the site will be accomplished via a driveway connection to CR 512 from Lot 1 and an access point from Sebastian Crossings Boulevard, which connects to CR 512, from Lot 4. Fifty feet within the southern section of each lot will be designated as an access easement for traffic circulation to all properties. Proposed water and wastewater service for development of the individual lots will be accomplished via connection to Indian River County Utilities. Stormwater runoff for the proposed development of the subdivision lots will be routed to the master stormwater tract with additional run-off to the wetland area north and adjacent to the subdivision. b. Current Zoning: CG c. Adjacent Properties Zonin~ Current Land Use Future Land Use North: PUD-R Residential Subdivision LDR East: CG Vacant CG South: A-1 & CL Vacant L-1 & C/I (County) West: A-1 Middle School L-1 (County) d. Site Characteristics (1) Total Acreage: 10.14 acres (2) Current Land Use(s): Vacant (3) Soil: Riviera (4) Vegetation: Pine, Oak and Scrub in northern portion (5) Flood Hazard: Zone X & A (6) Water Service: Indian River County Utilities (7) Sanitary Sewer Service: Indian River County Utilities (8) Parks: North County Park & Pool-.25 miles (9) Police/Fire: Sebastian Police - 4.5 miles Indian River Fire- 3 miles 8. Comprehensive Plan Consistency a. Future Land Use: Consistent @ 2 b. Traffic Circulation: Consistent c. Housing: nla d. Public Facilities: Consistent e. Coastal Management: n/a f. Conservation: Consistent g. Recreation and Open Space: nla 9. Contents of Preliminary Plat: a. name of subdivision: Sebastian Crossings Commercial b. vicinity sketch: provided c. legal description including section, township and range: provided d. north arrow graphic scale: provided e. date of preparation: provided f. name, address, and telephone of applicant: provided g. name, address, and telephone of owner of record: provided h. name, address, and telephone of mortgage holder: final plat info i. statement that they will join in the dedication: final plat info j. name, address, and registration number of engineer: provided k. name, address, and registration number of surveyor: provided I. name of adjacent subdivisions, if any, including plat book and page number reference: provided m. names of owners of record of adjacent acreage: on file n. contour map including a perimeter strip up to 150 feet in width. provided o. all existing watercourses, drainage ditches and bodies of water, marshes, and other significant, natural or man-made features: provided 3 f3:. /~ "'--Ci p. name, aliment and width of all existing and proposed streets, alleys, rights-of-way or easements including name, right-of-way width, street or pavement width and established center line elevations: provided q. all existing and proposed property lines, easements and right-of- ways, their purpose, their effect on the property to be subdivided, and the proposed layout of lots and blocks: provided r. access points to collector and arterial streets showing compliance to the access requirements: provided s. all existing drainage district facilities and the ultimate right-of-way requirements: provided t. utilities such as telephone, power, water, sewer, gas, etc., on or adjacent to the tract: on survey u. a statement that all utilities are available and have been coordinated with all required utilities: provided v. sites proposed for parks, recreational areas and schools: provided w. location of all temporary structures or permanent structures having a temporary use: NIA x. if borders public water, delineate the mean high water line: n/a y. plan for stabilizing shoreline with natural vegetative cover or other environmentally sensitive manner acceptable to DER and the city: NIA z. permanent reference monuments shall be shown at all block corners, at all points of reverse or compound curvature, and at all points of tangency occurring with block limiting lines: final plat aa. block perimeter returns at block corners or other block line intersection: provided 10. Required Supplemental Information a. existing land use policy and proposed policy changes: provided b. on-site wastewater disposal data: provided c. surface water management plan: provided d. traffic impact analysis: not provided. Uses are not known at this time. During site plan review traffic information will be required for each lot. (:;i'\) \2;/ 4 e. required park land and/or facility improvements: NIA f. required potable water improvements: Indian River County Utilities g. required wastewater improvements: Indian River County Utilities h. erosion and sedimentation control improvements: provided i. reference to required improvements i. access: provided ii. alleys: nla iii. blocks: nla iv. bridges: nla v. comprehensive stormwater management system: provided vi. easements: provided vii. lots: provided viii. seawalls, bulkheads, piers and docks: nla ix. soils: provided x. streets: provided xi. bicycle/pedestrian paths: provided xii. off-street parking areas: nla xiii. utilities: provided xiv. utility installation: provided xv. central water system: provided xvi. central wastewater system: provided xvii. individual sewage systems: nla xviii. water and sewage treatment and processing plants: n/a xix. median strips and entranceways: provided xx. traffic control devices: nla xxi. monuments: provided xxii. commercial and industrial subdivisions: provided xxiii. mobile home subdivisions: nla j. schedule of multiple phases: Phase I - Public ROW Tract B 11. Zoning district dimensional regulations: a. minimum lot size: 10,000 square feet yes b. minimum width: 75 feet yes c. minimum depth: 125 feet yes 12. Fee paid: yes 13. City Engineer's review: The city engineer requested statements from the civil engineer that the proposed outfall from the private stormwater tract into the northern wetland preservation and conservation tracts is allowed through regulatory design principals and that terms of agreements were reached with the residential subdivision owners regarding stormwater discharge onto their property. The engineer of record has stated "The current outfall of the property 5 @) is a ditch along the northern property boundary that conveys stormwater to the adjacent wetland slough. The proposed system will provide water quality treatment and attenuation as required by SJRWMD prior to discharging into the slough. The proposed system will meet the criteria established by Section 12.0 of the SJRWMD Applicant Handbook prior to outfalL" Staff has received a copy of the Drainage Easement Agreement dated 4/19/05 between the two property owners. Also, staff has received and reviewed comments from SJRWMD regarding the application for the stormwater permit. A copy of the approval and issuance of the SJRWMD permit will need to be submitted to staff before landclearing for any development can begin. 14. City Attorney's review: 15. Other Matters: An environmental report from Storm L. Richards & Associates, Inc. has been received and reviewed. No protected federal andlor state species were observed. (Please see attached report dated 6/4/06). Phase I of the subdivision will be the completion and connection to CR 512 of Sebastian Crossings Boulevard by Sebastian Crossings LLC. Construction drawings will be reviewed and accepted by the City Engineer. In April 2006, a Developer's Agreement was executed between Indian River County and CRF Panther II, LLC regarding acquisition of additional ROW needed for CR 512 improvements in exchange for necessary CR 512 curb-cuts, medians, and deceleration lanes for safe traffic access for the future commercial development within the subdivision. County staff will be designing and overseeing the access construction. The proposed sign easement located in the southeast corner of Lot 4 originally had been deeded (vs. dedicated) to Sebastian Crossings, LLC, creating an illegal lot and improper conveyance. After discussion with the applicants, the easement will be deeded back to CRF Panther II. The northern section of the subdivision is within Flood Zone A as established by FEMA Map Panel No. 12061C0078E, dated 5/4/89. Staff is working with the engineer of record regarding a Letter of Map Revision through FEMA and establishing a Base Flood Elevation. This will need to be completed before any permits can be issued for structures within this area. 16. Analysis: The applicant has filed for a commercial subdivision preliminary plat approval for 10.14 acres located on CR 512, east and adjacent to Sebastian River Middle School, just south of Sebastian Crossings residential subdivision, near the intersection of CR 510 and CR 512. The subdivision is for 4 lots and a private master stormwater tract, along with a public ROW tract, which completes and connects Sebastian Crossings Boulevard to CR 512. The ROW tract will be dedicated to the City via the final plat process. All four lots are adjacent to CR ~ 6 512. Access to the site will be accomplished via a driveway connection to CR 512 from Lot 1 and an access point from Sebastian Crossings Boulevard, which connects to CR 512, from Lot 4. Fifty feet within the southern section of each lot will be designated as an access easement for traffic circulation to all properties. Proposed water and wastewater service for development of the individual lots will be accomplished via connection to Indian River County Utilities. Stormwater runoff for the proposed development of the subdivision lots will be routed to the master stormwater tract with additional run-off to the wetland area north and adjacent to the subdivision. 17. Conclusion: The proposed project is consistent with the Land Development Code, Comprehensive Plan and Code of Ordinances 18. Recommendation: Staff has completed a thorough review of the proposed Sebastian Crossings Commercial subdivision plan and recommends approval with the following conditions: 1. Issuance of the SJRWMD permit before any landclearing allowed. 2. Sign easement conveyed back to CRF Panther II. ~rt.JICt.w Ce~'f# /0(4, DA E ' 7 @ PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JUNE 1, 2006 administrative approved changes. The building permit will be held until an l)~ letter is received from St. John's Water Management District. The parking Wi~ '/'ttt.". semi-pervious. Staff recommends approval. Mr. Todd Smith, the project agent and r I engineer, answered questions regarding drainage. . MOTION by OakeslAllocco to approve the site plan modification for addition of retail use and future storage area for Indian River Seafood Market/Sea Swell Properties at 633 Old Dixie Highway with the condition that the permit for the phase 2 concrete slab will not be released until verification of St. John's approval is received and that the utilities department approval is received for the purpose of obtaining an occupational license. ROLL CALL: Mr. Paul Mr. Keough Mr. Cardinale Chmn. Allocco yes yes yes yes Mr. Mahoney Mr. Simmons Mr. Oakes yes yes yes The vote was 7-0. Motion passed unanimously. PUBLIC HEARING - RECOMMENDATION TO CITY COUNCIL - PRELIMINARY PLAT - SEBASTIAN CROSSINGS COMMERCIAL SUBDIVISION - 4 LOTS WITH STORMWATER TRACT - CG ZONING - CR 512, EAST & ADJACENT TO SRMS Ms. Bosworth detailed the project and gave a brief history. She detailed various aspects of the project. Ms. Bosworth said the project meets all the comprehensive plan and land development codes. There are three conditions; (1) issuance of the SJRWMD permit before any land clearing allowed, (2) completed environmental study submitted before the City Council hearing, (3) sign easement issues resolved before the City Council hearing. The project engineer, Mr. Jared Hockenberry, P.E., Kimley-Hom & Associates, Vero Beach, FL made himself available to an~wer any questions the board may have. MOTION by Oakes/Paul to recommend City Council approve the Sebastian Crossings commercial subdivision preliminary plat CR 512 with the three conditions noted in the staff report dated May 25, 2006. ROLLCALL: Mr. Mahoney Chmn. Allocco Mr. Simmons Mr. Cardinale yes yes yes yes Mr. Keough Mr. Oakes Mr. Paul yes yes yes The vote was 7-0. Motion passed unanimously. MEMBERS MATTERS: There was a brief discussion about rules of the Sunshine Law. The color of the awning at the Hula Grill was discussed. CHAIRMAN MATTERS: @ 3 "",~ ~City of Sebastian HOMEOfPfiJcAHBlANO Develo ment Order A' lication A Iicant If not owner, written authorization nqtcirized from owner is re Name: LtW: .~::~' Permit Application No. ~ " '; - . ",i>!.." ...,t;,};-:,.. Century Realty Funds c/o William Renolds, Jr. Address: 500 S. Florida Avenue, Suite 700 ~Lakeland, FL 33807 Phone Number: (863 ) 647 - 1581 FAX Number: ( 863 ) 647 - 3992 E-Mail: E-Mail: Title of permit or action requested: Site Plan Approval, Conditional Use Permit, Preli1D.inar PIa Approval PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 8-112" BY 11ft COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATESUPPLEMETAL INFORMATION FORM. A. Project Name (if applicable): Sebastian Crossings - Commercial B. Site Information Address: 95th Street (CRS12) Sebastian, FL 32958 Lot: Block: Uilit: .. . Subdivision: Indian River County Parcel #: 31382200000100000002-0 Zoning Classification: Future land Use: CG CG Existing Use: Proposed Use: Vacant Agriculture Commercial C. Detailed description of proposed activi~ and purpose of the requested permit or action (attach extra sheets if necessary): Proposed commercial development to include 4 commercial lots, a private stormwater tract and a trail preserve tract, as per attached plans. DATE RECEIVED: 3-f.2lJ 0 ~ FEE PAID: $ 3,700.00 SlT€" tl~ -11a..OO-cO pJ....Ar I:S""<<> - 00 QowP.u.~ 1..{51>-cD RECEIVE @ Permit Application No. D. Project Personnel: Agent: N/A Name: Address Phone Number: ( ) - FAX Number: ( ) - E-Mail: Attornev: N/A Name: Address Phone Number: ( ) - FAX Number: ( ) - E-Mail: Engineer: Name: Kimley-Horn and Associates. Inc. c/o Jared Hockenberry Address 601 21st Street. Suite 400; Vera Beach. FL 32960 Phone Number. ( ) - FAX Number. ( ) - (772)562-7981 (772) 562-9689 E-Mail: j~red.hockenberry@ki~ey-h~rn~com Surveyor: Name: Kimley-Horn and Associates. Inc. c/o Chris Demeter. P.S.M. Address 601 21st Street, Suite 400: Vero Beach. FL 32960 Phone Number: ( ) - FAX Number. ( ) - (772)562-7981 (772)562-968Q E-Mail: chris.demeter@kimley-horn.com I, , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: ..!..... I AM THE OWNER _ I AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATIER OF THIS APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPUCATlON ARE ACCU 1: D TRUE T ST OF MY KNOWlEDGE AND BELIEF. 3~25-()) DIE rasT SWORN TO AND SUBSCRIBED BEFORE ME BY IS PERSONALLY KNOWN TO ME OR PR AS IDENTlFICATION,T HIS DAY OF. NOTARY'S SIGNATURE PRlNi'Et> NAMe OF NOTARY CoMMISSION NOJExPIRATlON SEAl: (;;'\\ 00 ,.WAx'f~t:J>. Deranda R Stevens . f*(b.\*~ MY COMMISSION # DD074750 EXPIRES ~;;'~i~ November 27, 2005 "~'.9f..r.B." BONDED THRU TROY FAIN INSURANC~ INC. Permit Application No. The following is required for all comprehensive plan amendments, zoning amendments (including rezoning), site plans, conditional use permits, special use ~ermlts, variances, exceptions, and appeals~ _ . I/WE, _ THE OWNER(S) / _ THE LEGAL REPRESENTATIVE OF THE OWNER(S) OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE Planning and Zoning BOARD/COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE IIWE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WAIVER AND CONSENT IS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMISES E,BY NY. PLOYEE,AG ENT,CO NTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. 3-~~-o~ SIGNATURE DATE Sworn to and subscribed before me by /)J / '/1/ elln [). brCJSrl- w 's e.rsonan knowntomeo~ as identification, this day of' . Notary's Signature . . Printed Name of Notary Commission No.lExpiration Seal: \\11111/" D ,~YM.~6;;-" eranda R. Slevens {*r~;:"f*~ MYCOMMISSION.# DD074750 EXPIRES ~.~.~y November 27, 2005 "J.;,9'f.,i\;~" BONDED THRU TROY FAIN INSURANC~ INC (iJ @ STORM L. RICHARDS & ASSOCIATES, INC. ENVIRONMENTAL ASSESSMENTS, FEASmILITY STUDIES, & PERMITTING 1804 MAPLE AVENUE SANFORD, FLORIDA 32771-3358 (407) 323-9021 FAX: (407) 366-0538 DR. JEANNE FILLMAN-RICHARDS, President DR. STORM L. RICHARDS ~'P""~!":':'~~::' June 4, 2006 Ms. Rebecca Grohall, AICP Growth Management Director City Hall . City of Sebastian 1225 Main Street Sebastian, Florida 32958 Re: Threatened/endangered species evaluation for the proposed County Road 512 development site, located on the north side of County Road 512 (95th StreetlFellsmere Road) west of its intersection with County Road 510 (90th Avenue), in Section 22, TownShip 31 South, Range 38 East, southwest of the City of Sebastian. Indian River County, Florida 32948 Parcel ID# 31382200000100000002.0 Further informanon as requested Dear Ms. Grohall: The subject proposed County Road 512 development property is located on a rural site southwest of the City of Sebastian in Indian River County, Florida, in Section 22, Township 31 South, Range 38 East. The subject site is located on the north side of County Road 512 (95th StreetlFellsmere Road) west of its intersection with County Road 510 (90th Avenue) (see Appendix "A"-Maps of Site). The parcel ID# for the site is NATIONAL ASSOCIATION OF ENVIRONMENTAL PROFESSIONALS' FLORJDA ASSOCIATION OF ENVIRONMENTAL PROFESSIONALS NATIONAL ENVIRONMENTAL ASSESSORS ASSOCIATION' FWRJDA ENVIRONMENTAL ASSESSORS ASSOCIATION THE ASSOCIATION OF AMERJCAN GEOGRAPHERS' FLORIDA SOCIETY OF GEOGRAPHERS THE GALlLEO CIRCLE OF THE AMERICAN GEOGRAPHICAL SOCIETY REGISTER OF PROFESSIONAL ARCHAEOLOGISTS' FLORIDA ARCHAEOLOGICAL COUNOL Ms. Rebecca Grohall, AICP Growth Management Director City Hall City of-Sebastian June 4, 2006 Page 2 31382200000100000002.0 (see Appendix "C"-Legal Description). This letter report represents the enumeration of protected species based on Florida s Endangered Species, Threatened Species, and Species of Special Concern (Florida Fish and Wildlife Conservation Commission, 29 January 2004). The list was derived by field investigation conducted in June 2006. The intent of this report will be to inventory identified and possibly occurring threatened and endangered species on the site. Site Description The subject property consists predominaritly of citrus groves (Florida Land Use, Cover, and Forms Classification System, FLUCFCS, Type #221). The dominant vegetation in the agricultural area consists of shrub vegetation present with pasture Bahia grass (Paspalum notatum) as the ground cover. The agricultural areas were easily accessible and all rows were inventoried for protected species of flora and fauna. The northernmost limits of the site consisted of a man-made uplaJld-cut ditch with a cross section of approximately 4' in width and 3' in depth. There was no flowing water in the upland-cut ditch possibly because of drought conditions. The waterway in the northernmost limits of the subject site is possibly channelized. The adjacent pine flatwoods (FLUCFCS Type #411) and upland hardwood forests (FLUCFCS Type #420) were transected for protected species. Although species of fern such as cinnamon fern (Osmunda cinnamomea) are listed species, they pose no restrictions toward development of the subject site which are located in the waterway. No upland federal and/or State of Florida species of flora and fauna were observed on the site with particular attention paid to bald eagles (Haliaeetus leucocephalus), ospreys (Pandion haliaetus), and other raptor species of birds, Florida scrub jays (Aphelocoma coerulescens coerulescens), wading birds, and gopher tortoises (Gopherus polyphemus) and their commensal species. The wetland areas were predominantly non-forested wetland scrub (FLUCFCS Type #631) and transitional wetland areas associated with the northernmost drainage ditch area that contains some forested wetland species (wetland forested mixed, FLUCFCS Type #631). @ @ Ms. Rebecca Grohall, AICP Growth Management Director City Hall City of Sebastian June 4, 2006 Page 3 All areas were transected for observation of federal and state protected species both visual and inferential based on possible nests, tracks, use of habitat, feeding areas, and scat; none were observed present on the subject site. Soils All soils within the original grove area are disturbed for citrus production. All soils in the area are saridy, disturbed. The forested area and small wetlands appear to have sandy soil and hydric organic associated with the wetlands. The soil types are as follows (see soils map in Appendix "A"): Soil Type Description #10 #13 Riviera fine sand Wabasso fine sand The Florida Land Use, Cover, and Forms Classification System (FLUCFCS) was used to differentiate the vegetative types on the site. The Level III designations were used for habitat evaluation and are as follows: FLUCFCS Type # Description Uplands: #221 Citrus Groves <Orange, grapefruit, tangerines, etc.> #411 Pine Flatwoods #420 #421 Upland Hardwood Forest Xeric Oak Water: #510 Stream and Waterways (upland-cut ditch for former citrus production activities) Ms. Rebecca Grohall, AICP Growth Management Director City Hall City of Sebastian June 4, 2006 Page 4 Wetlands: #630 Wetland Forested Mixed #631 Wetland Scrub These vegetative types are described more fully as follows: #221-Citrus Groves <Orange, grapefruit, tangerines, etc.>: Citrus groves generally occur in areas possessing a specific combination of soil qualities. and climatology factors. Water bodies, which moderate the effects of short duration temperature fluctuations, often are in close proximity to this type of agriculture. Site selection for air drainage on sloping land may also be important. #411-Pine Flatwoods: These forests are quite common throughout much of northern and central Florida; Originally, longleaf pines (Pinus palustris) were common on drier sites while slash pines (Pinus elliottii), which are less fire resistant, were confined to moister sites, wildfire being the contributing factor in this distribution. However, fire control and artificial reforestation have extended the range of slash pine into former longleaf sites. The pine flatwoods class is dominated by either slash pine, longleaf pine, or both, and, less frequently, by pond pine (Pinus clausa). The common flatwoods understory species includes sawpalrnetto (Serenoa repens), waxmyrtle (Myrica cerifera), gallberry (flex glabra), and a wide variety of herbs and brush. #420-Upland Hardwood Forest: This classification of upland forest lands has a crown canopy with at least a 66% dominance by hardwood tree species. This class, like the Upland Conifer class, is reserved for naturally generated stands. Hardwood plantations, where they occur, fall under the #440 class. #421-Xeric Oak: This forest comniunity is similar to and occupies the same sites as the Longleaf Pine/Xeric Oak community except that the pines, if present, are not the @ Ms. Rebecca Grohall, AICP Growth Management Director City Hall City of Sebastian June 4, 2006 Page 5 dominant species. In many cases, longleaf pine (Pinus palustris) may have been present in significant numbers prior to harvesting, but were never regenerated. Species common to this class include sand live oak (Quercus virginiana var. geminata), bluejack oak (Quercus incana), turkey oak (Quercus laevis), and sand post oak (Quercus stellata). #510--Stream and Waterways (upland-cut ditch for former citrus production activities): This category includes rivers, creeks, canals, and other linear water bodies. Where the water course is interrupted by a control structure, the impounded water area will be placed in the Reservoirs category (#530). The boundary between streams and lakes, reservoirs, or the ocean is the straight line across the mouth of the stream unless the mouth is more than one mile (1.85 kilometers) wide. In that case, the rule given under Bays and Estuaries #540) is followed. #630--Wetland Forested Mixed: This category includes mixed wetlands forest communities in which neither hardwoods or conifers achieve a 66% dominance of the crown canopy composition. #631-Wetland Scrub This community is associated with topographic depressions and poorly drained soil. Associated species include pond cypress (Taxodium distichum var. nutans), swamp tupelo (Nyssa sylvatica var. biflora), willows (Salix spp.), and other low scrub with no dominant species. The Loxahatchee Slough area is an example of this classification. These habitats are suitable to a number of federal and state protected species. A revised methodology based on the Wildlife Methodology Guidelines for Section 18.D of the Application for Development Approval published by the Florida Game and Fresh Water Fish Commission's Office of Environmental Services (15 January 1988) was used to inventory protected species as identified in Florida s Endangered Species, Threatened Species, and Species of Special Concern (Florida Fish and Wildlife Conservation Commission, 29 January 2004). @ Ms. Rebecca Grohall, AICP Growth Management Director City Hall City of Sebastian June 4, 2006 Page 6 It is important to note that the FLUCFCS Type #221 (Citrus Groves <Orange, grapefruit, tangerines, etc.>) makes up the majority of the site. Because of the adaptive nature of many federal and state protected species, all areas were considered for protected species inventory including, but not limited to, Florida scrub jays (Aphelocoma coernlescens coernlescens), bald eagles (Haliaeetus leucocephalus), gopher tortoises (Gopherns polyphemus), and numerous commensals and other species of flora and fauna. The Florida scrub jay habitat potential was reviewed using site review and extensive knowledge of habitat usage in Brevard and Indian River Counties (see Appendix "B"). Also, the Growth Management Director's Office of the City of Sebastian provided excellent information on Florida scrub jays that was used for post evaluation: Florida Scrub Jays build their nests in dense shrubs, usually at low- to mid-level heights. Usually the nest is located at the edge 0 a dense shrubby area, adj acent to bare ground or somewhat open areas. The nest is a bulky . basket of twigs, usually taken from oak shrubs. The lining of the nest is a tightly woven cup of cabbage palm or saw pal fibers. The jays never reuse the nest or' the materials. Jays will not nest in the same location even if the nest is removed after use. The nesting seasons extends from March through June. The Florida Scrub Jay is strongly associated with several Florida scrub communities, and also will use adjacent non-scrub habitats of certain types. Please note, jays exist only in areas where one or more species of scrub oaks occur, even if only vestigially represented. Before the intrusion of humans, nearly all natural scrub communities were maintained by frequent natural fires. Florida Scrub Jays are most abundant in open oak-dominated scrub communities .of the interior and Atlantic coast sand ridges of the Peninsula. Scrub Jay habitat is broken down into three types. These types are as follows: TYPE I HABITAT. Any upland plant community in which percent cover of the substrate by scrub oak species is 15% or more. · TYPE II HABITAT. Any plant community not meeting the definition of Type I habitat, in which one or more scrub oak species is represented. · TYPE III HABITPJ'. Any upland or seasonally dry wetland within 1/4 mile of any designated as Type I or Type II habitat. In most cases, the Type I habitat is recognized as xeric oak scrub, scrubby pine flatwoods, scrubby coastal strand, or sand pine scrub. Usual classification schemes are not as useful in identifying or predicting habitat type; the presence @ @ Ms. Rebecca Grohall, AICP Growth Management Director City Hall City of Sebastian June 4, 2006 Page 7 of scrub oaks is the key indicator. The third habitat type includes many different plant communities where scrub oak species are not represented ... (from letter report dated May 4, 2006, on Florida Scrub Jay Survey and Report, prepared by Bio-Tech Consulting, Inc., pages 3-4). The subject site consists of predominantly FLUCFCS Type #221-Citrus Groves <Orange, grapefruit, tangerines, etc.> habitat with no scrub habitat. The transitional and wetland habitats are riot conducive to Florida scrub jay habitat. Florida Scrub Jay Survey Methodologv All areas of the site were reviewed in detail for both observation for Florida scrub jays and past nesting of the jays. The orange grove areas were walked alternatively in rows with each row with 100%, 75%, and 50% pedestrian survey and random cross row survey (see transect map in Appendix "A"). The forested area was also transected throughout both in the uplands and wetland areas for protected species as well as for occurrence. of rookeries and/or individual nest(s). The inventory was conducted on April 20, 2006, from 8:00 am through 11:30 am and from 3:00 pm through 5:30 pm. The weather conditions were very clear and there was 4% cloud cover, the temperature ranging from 780 to 840 and the wind being light. No Florida scrub jays were observed. Mockingbirds and blue jays were observed at the edge community between the orange grove and pine flatwood/oak community. No nests were observed in the orange tree areas. Observations were also at stationary points in each row before the pedestrian survey. Tapes were not used but off-site observations on roads were made. The subject site is located adjacent to significant development pressure and development to the north and pastures to the south and west. A pine flatwood with no adjacent scrub vegetation to the east represented surrounding vegetative communities. The Wildlife Methodology Guidelines were used in a modified manner for upland surveys, small mammal sampling, and herpetofaunal surveys as follows (pp. 7-10): Upland Surveys: Sherman's fox squirrel (Sciurus niger shermani) Florida scrub jay (Aphelocoma coerulescens coerulescens) Burrowing owl (Speotyto cunicularia) Bald eagle (Haliaeetus leucocephalus) Osprey (Pandion haliaetus) Ms. Rebecca Grahall, AICP Growth Management Director City Hall City of Sebastian June 4, 2006 Page 8 Florida grasshopper sparrow (Ammodramus savannarum floridanus) Southeastern American kestrel (Falco sparverius paulus) Detection of individuals within this group can be difficult since these species tend to exhibit either inherently low populations or solitary behavior, or both. For this reason, survey efforts which fail to detect any of the species listed above should not necessarily be construed to imply species absence. An appropriate survey methodology should consist of morning and evening pedestrian surveys (1500 feet of transect per 100 acres) across the site for a minimum of five days. Transects should be meandered through areas of suitable habitat and changed after each survey to maximize site coverage. Transect locations should be mapped accordingly. Map all observations of listed species as well as physical features which may indicate species presence such as tree markings, tracks, nests, and cavity trees. Small Mammal Sampling: ' Florida mouse (Podomys floridanus) The location and number of small mammal transects should be based on the distribution of available habitat across the site. Each transect should consist of a minimum of 25 stations (two live traps placed within a 10-foot radius of the station) per 50 acres of suitable habitat. Each transect should be sampled for four consecutive 24-hour periods to obtain the necessary 200 trap-nights per transect. Traps should be shaded and checked twice each day to prevent dehydration of captured animals. Captured animals should be identified to species and released. Final survey reports should include all habitat/transect data. To maximize Florida mouse captures, sampling stations should be located in the immediate vicinity of stumps, fallen logs, pathways, and gopher tortoise burrows. In some cases, it may be more appropriate to rely on gopher tortoise survey results to assist with the location of live trap transects. Herpetofaunal Surveys: Indigo snake (Drymarchon corais couperi) Florida pine snake (Pituophis melanoleucus mugitus) Gopher tortoise (Gopherus polyphemus) Gopher frog (Rana capito [=areolata] aesopus) Blue-tailed mole skink (Eumeces egregius lividus) Sand skink (Neoseps reynoldsi) @ Ms. Rebecca Grohall, AICP Growth Management Director City Hall City of Sebastian June 4, 2006 Page 9 Species in this group are extremely difficult to census due to their highly cryptic nature arid seasonal activity patterns. Investigators should be aware of how seasonal and local conditions may influence individual species sampling success. Gopher frog, indigo snake, and Florida pine snake populations should be censused using a combination of pedestrian surveys and funnel trapping. On portions of the site that support moderate to high densities of gopher tortoises (Gopherus polyphemus) (0.4 individuals per acre or greater), one-way funnel traps (minimum three-foot length) should be placed at the burrow entrance of at least 25% of the active, inactive, and abandoned gopher tortoise burrows on a site. Greater sampling effort for gopher frog populations should be expended on burrows within one-half mile of intermittent wetlands. Traps should be shaded and left in place for at least four consecutive days and checked twice each day. Upland pedestrian surveys for these species are best conducted during the spring, summer, and fall months. When conducting winter month surveys, investigators should closely observe gopher tortoise burrows for the presence of basking indigo and Florida pine snakes in the vicinity of the burrow, and gopher frogs just inside the burrow entrance. Snake observations can be increased if surveys are conducted during warm sunny days between early and mid-afternoon hours. During the months of February through October following heavy rains, nighttime monitoring of frog vocalizations from intermittent wetlands can be conducted to determine the presence of gopher frog breeding habitat within a site. Site Review Staff of Storm L. Richards & Associates, Inc., transected the site in June 2006. Special attention was given to the upland areas and forested area for potential habitat of protected species. The site was reviewed in the early morning and late afternoon hours on several occasions. Transects were made throughout the property based on review of each row of the citrus grove and a thorough review of the northern boundary and wetland area located in the northern portion of the site (see maps in Appendix "A"). @ Ms. Rebecca Grohall, AICP Growth Management Director City Hall City of Sebastian June 4, 2006 Page 10 Species Inventory Upland areas comprise the dominant vegetative community type for the site in which protected species might occur, although the upland areas are altered and formerly were used for citrus production. This habitat is not conducive to Florida scrub jays (Aphelocoma coerulescens coerulescens) and none were sighted nor were their distinctive twig- and sawpalmetto-lined nests sighted. There were no gopher tortoise (Gopherus polyphemus) burrows inventoried during field review of the site. No wading birds or rookeries or nesting areas were observed. Mature slash pines (Pinus elliottii) did not have nests of protected species such as eagles or owls, and a search of the eagle nest locator database provided by the Florida Fish and Wildlife Conservation Commission (FFWCC) in June 2006 did not show eagle nests on or near the subject site. No cavity trees were observed on the site. A listing of species potentially occurring on the site includes the following: The open upland areas include animals such as armadillo (Dasypus novemcinctus), Florida mouse (Peromyscus floridanus), hispid cotton rat (Sigmodon hispidus), eastern cottontail rabbit (Sylvilagus floridanus), opossum (Didelphis virginiana), raccoon (Frocyon lotor), and striped skunk (Mephitis mephitis) as mammals observed or potentially occurring within on-site. Birds typically may include, but are not limited to, Bachman's sparrow (Aimophila aestivalis), red-tailed hawk (Buteo jamaicensis), red-shouldered hawk (Buteo lineatus), killdeer (Charadrius vociferus), nighthawk (Chordeiles minor), common bobwhite (Colinus virginianus), American kestrel (Falco sparverius), turkey (Meleagris gallopavo), screech owl (Otus asia), and starling (Sturn us vulgaris). Reptiles may typically include the yellow rat snake (Elaphe obsoleta), eastern indigo snake (Drymarchon cora is couperi), pygmy rattlesnake (Sisturus militarius) pine snake (Pituophis melanoleucus mugitus), box turtle (Thrrapene carolina), gopher tortoise (Gopherus polyphemus), and the Florida ribbon snake (Thamnophis sauritus). Red-cockaded woodpeckers (Picoides borealis) are not anticipated to use this site due to the lack of mature pine trees in the area. Threatened and Endangered Species Species which occur or could potentially occur on the proposed County Road 512 development site and have legal status according to the Florida Fish and Wildlife Conservation Commission (FFWCC) and the U.S. Fish and Wildlife Service (USFWS) are listed in Appendix "D"-List of Protected Animals with Potential for Occirrrence on the Proposed County Road 512 Development Site, Section 22, ToWnship 31 South, Range 38 East, Southwest of the City of Sebastian, Indian River County, Florida. @) Ms. Rebecca Grohall, AICP Growth Management Director . City Hall City of Sebastian June 4, 2006 Page 11 Summary Gopher tortoises and corrimensal species were inventoried both in the orange grove area and the pine fiatwoods area. The pine fiatwood area has a dominant sawpalmetto groundcover These areas were evaluated for gopher tortoises and commensal species. No tortoise trails were observed or easily identified foraging areas with easily observed maintained grassed areas. No gopher tortoise burrows were observed. The high groundwater table precludes active gopher tortoise burrows for the site and past abandonment possibly reduces/eliminates a gopher tortoise population on the site. Transecting the site and evaluating for protected species was aided by rows throughout the entire site (see transect map in Appendix "A"). No protected federal and/or state species were observed. Please do not hesitate to call if you have any questions or need additional information. Thank you again for your review and comments. Respectfully submitted, _...""''\\ -- ~ ASSDCII " . ;;.,~~ ...........'!I)IJ., 't , ,r____ Of- '0. rt . ,. 1'1lM10NMlNTAL'" I, f.k~d t.......03562...1.:J ft~... tllTm\' ....~.:-. I, ~~ ..........~\.~~ J' \\..lNiAl. "~ -- . '"",,-- Storm L. Richards, Ph.D. Certified Environmental Professional Florida Association of Environmental Professionals, Member Appendix "A": Appendix liB": Maps of Site Professional Summary including ThreatenedlEndangered Species Proj ects Legal Description List of Protected Animals with Potential for Occurrence on the Proposed County Road 512 Development Site, Section 22, Township 31 South, Range 38 East, Southwest of the City of Sebastian, Indian River County, Florida Appendix "C" Appendix "D": @ Ms. Rebecca Grohall, AICP Growth Management Director City Hall City of Sebastian June 4, 2006 Page 12 cc: Mr. Will Reynolds Century Realty Funds, Inc. 500 South Florida Avenue-Suite 700 Lakeland, Florida 33801 Mr. Jared Hockenberry Proj ect Manager Kimley-Horne & Associates, Inc. 601 21st Street-Suite 400 Vero Beach, Florida 32960 @ APPENDIX "A" MAPS OF SITE @ LOCATION MAP OF PROPOSED COUNTY ROAD 512 DEVELOPMENT SITE LOCATED SOUTHWEST OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ''-. CLOSE-UP LOCATION MAP OF PROPOSED COUNTY ROAD 512 DEVELOPMENT SITE LOCATED SOUTHWEST OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ( I \ '- TAX MAP OF PROPOSED COUNTY ROAD 512 DEVELOPMENT SITE LOCATED SOUTHWEST OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA r ... ~ ). IL T ... Parcel Number: 31382200000100000002,0 ! / UNITED STATES GEOLOGICAL SURVEY (USGS) MAP OF PROPOSED COUNTY ROAD 512 DEVELOPMENT SITE LOCATED SOUTHWEST OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA , , ( ,/,'- ) u ~ E-< i-I rJJ E-< Z ~ ~~ OA ~~ ;;.~ ~O O~ N .., ,....~ tnE-l O~ ~O ~U ~~ 1-<~ ~~ Oz U~ A...... ~A ooz 0...... ~ .., O~ ~...... .~ E-I ~oo O~ ~~ ~~ ~~ ---0 OOE-I Uoo ~~ tJ~ ~S ~O 0000 ZA O~ ......E-< 1-<~ ~U ~O ~~ 00 Z o U ~ ...... o 00 L)( ~ c< rf]~ ~~ Zo ~~ ~~ ~ ~ o~ ~~ ~~ ~o Qu N~ Iris: ~~ ~~ ;>-i""" ~~ ~~ Oz U< Q~ ~\J'1 \J'1< O~ ~~ 0\J'1 ~~ ~o ~~ 0\J'1 ~~ ~~ 0~ 00 ~\J'1 O~ =~ ~~ ~~ ~O ~~ J \ . . I TRANSECT MAP OF PROPOSED COUNTY ROAD 512 DEVELOPMENT SITE LOCATED SOUTHWEST OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA 9 8 1 6. 5 4 3 2 1 WETLAND: PINE FLAlWOOD, OAK 20 19 18 11 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1 COUNTY ROAD 512 NOTE: Rows are based on approximate count; all rows were surveyed at 100%, 75%, 50% @ @."\ o [p APPENDIX "D" LIST OF PROTECTED ANIMALS WITH POTENTIAL FOR OCCURRENCE ON THE PROPOSED COtJNTY ROAD 512 DEVELOPMENT SITE, SECTION 22, TOWNSHIP 31 SOUTH, RANGE 38 EAST, SOUTHWEST OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA LIST OF PROTECTED ANIMALS WITH POTE1\TTIAL FOR OCCURRENCE ON mE PROPOSED COUNTY ROAD 512 DEVELOPMENT SITE, SECTION 22, TOWNSHIP 31 SOUTH, RANGE 38 EAST, SOUTHWEST OF THE CITY OF SEBASTIAN, INDIAN RlVER COUNTY, FLORIDA Designated Statusl Species Habitat USFWS2 FFWCC3 Birds: Aphelocoma coerulescens Oak habitat; habitat T T coerulescens marginal; none sighted Florida scrub jay Haliaeetus I. Near rivers and T T leucocephalus marshes; none Southern bald eagle sighted; no nests; preferred habitat not available; no nests on or near site listed on eagle nest locator data- base provided by the Florida Fish and Wildlife Conservation Commission Pandion haliaetus Near rivers, lakes; SSC1,2 Osprey none sighted Picoidesborealis Mature pine trees; E SSC Red-cockaded no cavity trees; woodpecker none sighted Picoides villosus Variety of habitat; 4 4 audoboni none sighted Hairy woodpecker Reptiles and Amphibians: Drymarchon corais couperi Dry, sandy areas; T T Eastern indigo snake possible occurrence; none sighted Gopherus polyphemus Live oak, pine, C2 SSC1,2,3 Gopher tortoise turkey oak; no burrows sighted Pituophis melanoleucus Dry, sandy areas; C2 SSC2 Florida pine snake possible occurrence; none sighted @ Designated Status 1 Species Habitat USFWS2 FFWCC3 Reptiles and Amphibians-Continued: Rana aereolata aesopus (= Rana capito) Florida gopher frog Dry, sandy -areas; some possibility of occurrence; none sighted C2 SSCI,2 Mammals: Podomys floridanus Florida short-tailed mouse Sand pine scrub, early successional stage; possible occurrence; none sighted C2 SSC IE = Endangered; T = Threatened; sse = Species of Special Concern (see end of footnote); C2 = Candidate for listing, with some evidence of vulnerability although with insufficient information at present to support listing, but which is encouraged for consideration in environmental planning. . Reasons for SSC listings ~rior to January 1,2001, are indicated by the number ill superscript under the following critena: . . . I Has a significant vulnerability to habitat modification, environmental alteration, human disturbance, or human exploitation which, in the foreseeable future, may result in its becoming a threatened species unless appropriate protective or management techniques are initiated or maintained. May already meet certain criteria for designation as a threatened species but for which conclusive data are limited or lacking. May occupy such an unusually vital or essential ecological niche that should it decline significantly in numbers or distribution other species would be adversely affected to a significant degree. Has not sufficiently recovered from past population depletion. Occurs as a population either intentionally introduced or being experimentally managed to attain specific objectives, and the species of special concern prohibitions in Rule 68A-27.002, F.A.C.; shall not apply to species so designated, provided that the intentional killing, attempting to kill, possession, or sale of such species is prohibited. 2 4 5 2U.S, Fish and Wildlife Service 3FJorida Fish and Wildlife Conservation Commission (formerly Florida Game and Freshwater Fish Commission) 4Listed under other species reviews. @ FLORIDA LEAGUE OF CITIES, INC. MEMORANDUM /' TO: Presidents, Municipal Associations FROM: Michael Sittig, Executive Director DATE: May 31,2006 RE: FLC's 2006 Annual Conference Nominations to Resolutions Committee The Florida League of Cities Annual Conference will be held August 10-12, 2006, at the Hyatt Regency Jacksonville, Jacksonville, Florida. Florida League of Cities President Julio Robaina would like the presidents of the municipal associations (or a designee) to serve as a member of the 2006 Resolutions Committee. This committee will meet on Thursday, August 10, from 4:00-5:00 p.m. If you are unable to serve on the Resolutions Committee, President Robaina requests that you nominate someone from your association to serve in your absence. Please confirm your attendance for this meeting or indicate the name of the nominee on the attached form and return it to the League office by June 20, 2006, so that President Robaina can make the official appointments. Notices have been sent to member cities indicating that proposed resolutions should be submitted to the League office no later than Wednesday, July 5, 2006, to guarantee that they will be included in the packet of proposed resolutions to the Resolutions Committee. This packet of proposed resolutions will be mailed to members of the Resolutions Committee 30 days prior to conference. Please refer to the attached procedures should you wish to submit resolutions. Should you have any questions regarding this matter, please contact Allison Payne or Jill Johnson at the League office at (800) 342-8112 or email: apavne@flcities.com. Thank you for your cooperation and we hope to see you at the conference. Enclosures 00, , I 2 301 South Bronaugh, Suite 300 . Post Office Box 1757 . Tallahassee, FL 32302-1757 Telephone (850) 222-9684. Suncom 278-5331 . Fax (850) 222-3806 . Internet: www.flcities.com @ Florida League of Cities' 2006 Annual Conference Hyatt Regency Jacksonville, Jacksonville, FL August 10-12, 2006 2006 RESOLUTIONS COMMITTEE MEETING ACCEPTANCE FORM Name: Title: Address: Telephone: Fax: Email: Name of Policy Committee/League or Association you are a member of: Title with Policy Committee/League or Association: Term Expires: Accept Appointment: & will attend the Resolutions meeting on August 10th. Decline Appointment: & I nominate the following person to substitute: Name: Title: Address: Telephone: Fax: Email: @ Please FAX this completed form to Jill Johnson at the League Office by June 20, 2006 to (850) 222-3806. Procedures for Submitting Resolutions Florida League of Cities' 80th Annual Conference Hyatt Regency Jacksonville, Jacksonville, Florida August 10-12, 2006 In order to fairly systematize the method for presenting resolutions to the League membership, the following procedures have been instituted: (1) Proposed resolutions must be submitted in writing, to be received in the League office by July 5, 2006, to guarantee that they will be included in the packet of proposed resolutions that will be submitted to the Resolutions Committee. (2) Proposed resolutions will be rewritten for proper form, duplicated by the League office and distributed to members of the Resolutions Committee. (Whenever possible, multiple resolutions on a similar issue will be rewritten to encompass the essential subject matter in a single resolution with a listing of original proposers.) (3) Proposed resolutions may be submitted directly to the Resolutions Committee at the conference; however, a favorable two-thirds vote of the committee will be necessary to consider such resolutions. (4) Proposed resolutions may be submitted directly to the business session of the conference without prior committee approval by a vote of two-thirds of the members present. In addition, a favorable weighted vote of a majority of members present will be required for adoption. (5) Proposed resolutions relating to state legislation will be referred to the appropriate standing policy committee. Such proposals will not be considered by the Resolutions Committee at the conference; however, all state legislative issues will. be considered by the standing policy committees and the Legislative Committee, prior to the membership, at the annual Legislative Conference each fall. At that time, a state Legislative Policy Statement will be adopted. Cities unable to formally adopt a resolution before the deadline may submit a letter to the League office indicating their city is considering the adoption of a resolution, outlining the subject thereof in as much detail as possible, and this letter will be forwarded to the Resolutions Committee for consideration in anticipation of receipt of the formal resolution. @ @) ~~ ~~~~~r~~ :Iil;i;=~~~~3 FLORIDA LEAGUE OF CITIES, INC. 301 South Bronough Street, Suite 300 . P.O. Box 1757 . Tallahassee, FL 32302-1757 (850) 222-9684 . Suncom 278-5331 . Fax (850) 222-3806 . Web site: www.flcities.com TO: Municipal Key Official FROM: Michael Sittig, Executive Director DATE: June 5, 2006 SUBJECT: 80TH Annual Conference-Florida IS Her Cities! VOTING DELEGATES AND RESOLUTION INFORMATION August 10-12,2006 Jacksonville Hyatt Regency As you know, the Florida League of Cities' Annual Conference will be held at the Hyatt Regency Hotel in Jacksonville, Florida on August 10-12. This year's theme, Florida IS Her Cities will provide valuable educational opportunities to help Florida's municipal officials serve their citizenry more effectively. It is important that each municipality designate one person to be the voting delegate. Policy development, election of League leadership and adoption of resolutions are undertaken during the business meeting. One official from each municipality will make decisions that determine the direction ofthe League. In accordance with the League's by-laws, population determines each municipality's vote, and the League will use the Estimates of Population from the University of Florida for 2005. Registration materials have already been sent to each municipality. Call us if you need additional copies. We have attached the procedures your municipality should follow for presenting resolutions to the League membership. If you have any questions on voting delegates, please call Gail Dennard at the League Suncom 278-5331 or (800) 616-1513, extension 256. If you have questions regarding resolutions, please call Allison Payne at Suncom 278-5331 or (800) 616-1513, extension 116. The League must receive resolution forms no later than July 8,2006 and the League must receive Voting delegate forms no later than July 20,2006. Attachments: Form Designation Voting Delegate Procedures for Submitting Conference Resolutions 0(0./12 President Julio Robaina, Mayor, Hialeah First Vice President Rene Flowers, Council Vice Chair, St. Petersburg + Second Vice President Frank Ortis, Mayor, Pembroke Pines Executive Director Michael Slllig . General Counsel Harry Morrison, Jr. @) . r;q\ @ 80th Annual Conference Florida League of Cities, Inc. August 10-12, 2006 Jacksonville, Florida It is important that each municipality sending delegates to the Annual Conference of the Florida League of Cities, designate one of their officials to cast their votes at the Annual Business Session. League By-Laws requires that each municipality select one person to serve as the municipal voting delegate. Please fill out this form and return it to the League office so that your voting delegate may be properly identified. Desil!:nation of V otinl!: Delel!:ate Name of Voting Delegate: Title: Municipality: AUTHORIZED BY: Name Title Return this form to: Gail Dennard Florida League of Cities, Inc. Post Office Box 1757 Tallahassee, FL 32302-1757 Or Fax to Gail Dennard at (850) 222-3806 Procedures for Submitting Resolutions Florida League of Cities' 80th Annual Conference Hyatt Regency Hotel, Jacksonville, Florida August 10-12, 2006 In order to fairly systematize the method for presenting resolutions to the League membership, the following procedures have been instituted: (1) Proposed resolutions must be submitted in writing, to be received in the League office by July 5, 2006, to guarantee that they will be included in the packet of proposed resolutions that will be submitted to the Resolutions Committee. (2) Proposed resolutions will be rewritten for proper form, duplicated by the League office and distributed to members of the Resolutions Committee. (Whenever possible, multiple resolutions on a similar issue will be rewritten to encompass the essential subject matter in a single resolution with a listing of original proposes.) (3) Proposed resolutions may be submitted directly to the Resolution Committee at the conference; however, a favorable two-thirds vote of the committee will be necessary to consider such resolutions. (4) Proposed resolutions may be submitted directly to the business session of the conference without prior committee approval by a vote of two-thirds of the members present will be required for adoption. (5) Proposed resolutions relating to state leeislation will be referred to the appropriate standing policy committee. Such proposals will not be considered by the Resolutions Committee at the conference; however, all state legislative issues will be considered by the standing policy committees and the Legislative Committee, prior to the membership, at the annual Legislative Conference each fall. At that time, a state Legislative Policy Statement will be adopted. Municipalities unable to formally adopt a resolution before the deadline may submit a letter to the League office indication their municipality is considering the adoption of a resolution, outlining the subject thereof in as much detail as possible, and this letter will be forwarded to the Resolutions Committee for consideration in anticipation of receipt of the formal resolution. @ @ Important Dates May 30~ 2006 Notice to Local and Regional League Presidents and Municipal Associations regarding the Resolutions Committee June 30 Appointment of Resolutions Committee Members July 5 Deadline for Submitting Resolutions to the League office July 20 Deadline for Submitting Voting delegate forms to the League office AUf!Ust 10 League Standing Committee Meetings Resolutions Committee Meetings Voting Delegates Registration AU2ust 12 Immediately Following Luncheon - Pick Up Voting Delegate Credentials Followed by Annual Business Session Cffi' Cl ~ _h- _ . HOME OF PELICAN ISLAND 1225 \lail1 Street :-';cbastian. Florida 3295;;; :._~) 589-S33() June 29, 2006 Mr- Robert Fenwick Castaway Marina/Proline Tournament Organizer 5435 N. US1 Melbourne, FI 32940 Dear Mr. Fenwick: For the last two years, your organization has conducted the Proline Fishing Tournament at our Riverview Park. Regrettably, during both tournaments we have produced several problems with repeated violations to the rules set by the City Council. These violations include repeated banner set up violations and allowing overnight stays by boaters at city docks. Because of these repeated violations that become staff intensive for city employees assigned to other duties, I have asked City Council to send this letter notifying your agency that any park permit application submitted for the Proline Owners Tournament and/or any fishing tournament sponsored by Castaway Marine will be rejected by the City Manager at submission. On June 28, 2006, the Sebastian City Council approved this letter and staff instruction by a vote of Yes and No. Good luck to you and your associates in future endeavors. Respectfully, Nathan B. McCollum Mayor City of Sebastian cc: Robert Clark, Castaway Marine O~ , 0 7 S- @