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HomeMy WebLinkAbout11082006 CI1Y Of HOME OF PELICAN ISlAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, NOVEMBER 8,2006 -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 06.156 1 06.157 3 06.158 5-8 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE LED BY 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) 6. PROCLAMATIONS, ANNOUNCEMENTS, PRESENTATIONS A. Proclamation - National Hospice Month - November - Sharon Broome, RN Proclamation - Perfect School Attendance - Robert Doerr, SRHS Student B. C. Friends of the Sebastian River Presentation - Consider 100 Foot Buffer Zone Along Sebastian River (Buzz Hermann E-Mail, Letter) 9-13 15-30 06.159 31-34 06.036 35-81 06.160 83-87 06.161 89-94 06.162 95-99 06.110 101-104 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 - October 24, 2006 Workshop B. Approval of Minutes - October 25, 2006 Regular Meeting C. Approve Expenditure of Forfeiture Funds to Purchase 18 LED Navigation Lights from SRT Supply, St. Petersburg in the Amount of $6,035 - FS 932.7055 Requires Approval by Governing Body (PD Transmittal, Police Chief Letter, Telephone Price Quotes) D. Resolution No. R-06-25 Adopting Fourth Quarter Budget Amendment for FY 2006 (Finance Transmittal, R-06-25, Memo, Capital Projects Status Report, Schedule of Investments, 4th Quarter Accomplishments, Operating Statement FY2006) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2005 AND ENDING SEPTEMBER 30, 2006 AS PROVIDED FOR IN EXHIBIT "A"; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. E. Waive Procurement Procedures and Authorize Three Year 4th of July Fireworks Agreement with Melrose Pyrotechnics, Inc. for 2007,2008 and 2009 in the Amount of $13,250 Per Year (City Manager Transmittal, Proposed Agreements) F. Approve Alcoholic Beverage Request for Areyan Wedding Reception at Community Center and Allow Use after 11 pm on 12/2/06 from 1 pm to Midnight (Parks Transmittal 1 0/31/06, Application, Receipt) G. Approve Alcoholic Beverage Request for Wilt Wedding Reception at Community Center on 11/25/06 from 2 pm to 6 pm (Parks Transmittal 10/31/06, Application, Receipt) H. Christmas Parade Street Closures for 12/2/06 Indian River Drive from South Intersection of Jefferson Street Along Indian River Drive to Main Street and Main Street from US 1 East Side of Indian River Drive from 4 pm Until Parade Leaves and From that Point South on Indian River Drive to Riverview Park as Parade Progresses Beginning at 6 pm Until Parade Passes - Also Sebastian Boulevard East of Gas Station to Indian River Drive from 6 pm to 9 pm for Staging of Floats - All Streets except Sebastian Boulevard Will Be Reopened as Parade Passes (City Clerk Transmittal, Map) 2 06.163 105-113 06.164 06.165 06.166 115-119 06.062 121-126 8. COMMITTEE REPORTSIRECOMMENDATIONS A. Tree Advisory Board i. Review and Approve Champion Tree Designations for Presentation of Proclamations on November 18, 2006 at Champion Tree Clinic (Memo, Worksheets) B. Environmental Advisory Committee i. Gopher Tortoise Update (no backup) 9. PUBLIC HEARING 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 questions 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 the 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 A. Quasi-Judicial Public Hearing Resolution No. R-06-24 Bristol Lakes Preliminary Plat Approval (All Backup Under Separate Cover) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE PRELIMINARY PLAT FOR A TOWNHOUSE DEVELOPMENT SUBDIVISION KNOWN AS BRISTOL LAKES; 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 A. MBV Engineering, Inc. - ROW Drainage Requirements (10/4/06 MBV Letter, 10/27/06 City Manager Letter, 10/30/06 MBV Letter, Proposed Plan Under Separate Cover) 11. OLD BUSINESS A. Move to Take Ordinance No. 0-06-15 Proposed Charter Amendment Question #7 from the Table for Discussion and Schedule a Second Public Hearing for December 13, 2006 (City Clerk Transmittal, 0-06-15) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND SECTION 3.06 AND DELETE SECTION 3.07 AND 3.08 OF THE CITY CHARTER TO PROVIDE FOR A POLICE DEPARTMENT BUT RESOLVING CONFLICTS WITH COUNCIL/MANAGER FORM OF GOVERNMENT; PROVIDING FOR SUCH MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING FOR THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. 3 06.167 127-132 12. 06.168 133-179 06.169 181-182 06.170 183-187 06.171 06.172 06.173 189 B. Back Out Parking on Indian River Drive (GMD Memo) NEW BUSINESS A. Authorize City Manager to Execute Department of Environmental Protection Grant Agreement No. G0200 for Periwinkle Drive Stormwater Improvements - DEP Funding in the Amount of $313,000 and $250,000 City Funding Already in Budget (Engineering Transmittal, DEP Agreement) B. Pete Harris 5K Benefit Run - Request Use of Large Pavilion at Riverview Park and Approve Closing Indian River Drive from Harrison Street North to Jackson Street from 6:30 am to 8 am on January 13, 2007 (City Manager Transmittal, Dunphey Letter) C. Sebastian Soccer Association 5K Run - Request Use of Large Pavilion at Riverview Park and Approve Closing Indian River Drive from Harrison Street North to Jackson Street from 6:30 am to 9:00 am on February 3, 2007 for (Application, Info) D. Sebastian Junior Women's and Sebastian Women's Club Request for 5K Reindeer Run Consider GFWC -on Indian River Drive on December 2, 2006 (No Backup) 13. CITY ATTORNEY MATTERS A. Report on Building Height in Riverfront District (No Backup) 14. CITY MANAGER MATTERS 15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS A. Mr. Paternoster B. Mr. Neglia C. Mr. McCollum D. Mayor Burkeen i. City Clambake Expenditure Review (Finance Director Memo) E. Ms. Coy 17. ADJOURN (All meetings shall adjourn at 10:30 pm unless extended for up to one half hour by a majority vote of City Council) HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. Regular City Council Meetings are Scheduled for Live Broadcast on Comcast Channel 25 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. Uocomino Meetinos: December 13, 2006 - 7:00 pm - Regular Council Meeting 4 HOME OF PELICAN ISLAND VROCLAMATION National Hospice Month - November 2006 It's About How You LIVE: Learn, Implement, Voice and Engage to improve care at the end of life WHEREAS, hospice and palliative care provide patients and families the highest quality pain management and symptom control, caregiver training and assistance, and emotional and spiritual support, allowing patients to live fully up until their final moments, surrounded and supported by loved ones, friends and committed caregivers; and WHEREAS, last year, more than 1.2 million patients living with a life-limiting illness, and their families, received care from the 4,100 hospice and palliative care programs in communities throughout the United States, and more than 950 Indian River County patients and families were cared for by VNA Hospice of Indian River County; and WHEREAS, VNA Hospice's professional and compassionate staff and trained volunteers--inc1uding a medical director, nurses, social workers, therapists, counselors, health aides and c1ergy--provide comprehensive care making the wishes of each patient a priority; and WHEREAS, providing high-quality hospice and palliative care reaffirms VNA Hospice's belief in the essential dignity of every person, regardless of age, health or social status, and that every stage of human life deserves to be treated with the utmost respect and care; and WHEREAS, VNA Hospice of Indian River County encourages all people to learn more about options of end-of-life care and to share their wishes with family, loved ones and their health care professionals; NOW, THEREFORE, be it resolved that I, Brian S. Burkeen, Mayor of the City of Sebastian, do hereby proclaim the month of November 2006 as National Hospice Month and encourage the support and participation of all citizens in learning more about hospice and palliative care services in our community. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Sebastian, Florida, to be affixed this 8th day of November 2006. Brian S. Burkeen, Mayor ATTEST: Sally A. Maio, MMC - City Clerk co CD HOME OF PELICAN ISLAND PROCL PERFECT SCHOOL A 1TENDANCE WHEREAS, the future of the world lies in our youth receiving a high-quality education; and WHEREAS, a parent can only give good advice or put their child on the right path, but the final forming of a child's character lies within his own hands and in his own determination, and WHEREAS, with great dedication and perseverance, Robert Doerr has achieved perfect attendance throughout his school years from pre-K in South Florida through 11th grade at Sebastian River High School; and WHEREAS, we wish to give special recognition to Robert and urge him to continue his education with the same commitment and character he has shown to this point. NOW THEREFORE, I, Brian Burkeen, as Mayor of the City of Sebastian, do hereby pay honor to Robert Doerr on his educational achievement. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Sebastian to be affixed this 8th day of November, 2006. Brian Burkeen, Mayor C~) J @ Alfred Minner Page 1 of 1 From: capepond 11 @aol.com Sent: Wednesday, October 25,200612:17 AM To: Alfred Minner Subject: November 8th agenda Dear AI.... The Friends of S1. Sebastian River would like to be put on the agenda for the November 8th meeting to present their request to ask that the City of Sebastian approve a 100 ft. buffer zone along the S1. Sebastian River. Thank you Buzz Herrmann 586 Redwood C1. Sebastian, FI32958 (589-9811 ) Ow,l5.? 1 0/30/2006 C0 GJ Officers Tim Glover President Jack Spitza Vice President Shirley Kilkelly Treasurer Sherry Shipley Secretary Directors Paul Barker Tom Bauer Bill Brennan Anne Dann Frank DeJoia Bob Denton Buzz Herrmann George Koraly Ken MacLeod Anne Putman Lynn Stieglitz Frank Wegel Bruce Zingman Friends of &t. 6ebastian River P. o. Box 284 . Roseland, Florida 32957 www.fssr.org - info@fssr.org October 30, 2006 Brian Burkeen, Mayor City of Sebastian 1225 Main Street Sebastian, FL 32958-4165 Dear Mayor Burkeen: I am writing to you at this time to express our concern at the lack of action by the city for an issue that we have been addressing for some time. That is the need for specific requirements in the Land Development Regulations in the City of Sebastian for setbacks along the St. Sebastian River when properties are developed. We first addressed our concerns in writing to the City Council in January 2004 and once again reiterated those concerns to the Council in March 2005. It is our understanding that consideration of our request for specific provisions for setbacks are to be included in the long-delayed city review of its overall Comprehensive Plan and development regulations. As you are well aware, there has been significant changes occurring along the South Prong of the river. So far the Council has been quite successful in negotiating with developers for setbacks significantly greater than what the perniitting agencies have required. But none of us should rely upon that the Council will always be sympathetic to, or developers willing to compromise to provide some semblance of buffering along the riverfront. Therefore we once again ask that the City and this Council to consider taking action to implement requirements for setbacks along the river that are as stringent or greater than those outlined in Section 929.07 of the Indian River County Land Development Regulations. Please see the copy of Section 929.07 attached hereto. We would hope that the review of the Land Development Regulations and a provision for waterfront setbacks could be undertaken in the immediate future, or other interim provisions be taken to protect the river habitat and water quality. - The St. Sebastian River is a unique resource not only for the residents of the city for recreation and enjoyment, but for some very rare and endemic fish species that rely on quality of the river habitat for the continued existence. Sincerely, I~.~ Tim Glover President, FSSR cc: Al Minner, Manager, City of Sebastian q\ U The mission of the Friends of St. Sebastian River is to maintain and improve the- health and beauty "f th". C:t c:".~c:ti::m Di"".r ~nrl itc: '^'~t"'rc:hM r ~ l /--'" Qi - I '~ I ~I Section 929.07. S1. Sebastian River and Indian River Lagoon Aquatic Preserve Shoreline Protection Buffer Zone. (1) For parcels created after June 18, 1991 along the St. Sebastian River, a one hundred-foot shoreline protection buffer is hereby established measured from the mean high water mark of the river or fifty (50) feet from the landward boundary of jurisdictional wetlands along the river or any tributary, whichever is greater (cross reference section 911.12(4)(e)). For parcels of record which existed prior to June 18, 1991, a fITty-foot shoreline protection buffer for unplatted parcels, and a twenty-five-foot buffer for existing platted lots is hereby established on land parcels bordering the St. Sebastian River or the Indian River Lagoon Aquatic Preserve, measured from the mean high water line. In no case, however, with reference to parcels or lots of record, which existed prior to June 18,1991, shall the buffer(s) exceed twenty (20) percent of the parcel or lot depth perpendicular to the applicable waterway. (2) Within the shoreline protection buffer, no development shall be permitted with the exception of docks, 'boat ramps, pervious walkways and elevated walkways which provide the property owner with reasonable access to the waterway. (a) No more than twenty (20) percent or twenty-five (25) feet, whichever is greater, of any shoreline may be altered for reasonable access. Natiye vegetation in the remainder of the shoreline protection buffer shall remain unaltered, except as may be allowed through county trimming regulations. (3) Shoreline alteration shall be prohibited, unless it is in the, public interest or prevents or repairs erosion damage, or provides reasonable access to the Y'ater,' does not adversely impact water quality, natural habitat or adjacent shoreline uses, and i!:ipermitted by all applicable jurisdictional regulatory agencies. Any native vegetation removed in such instances except as may be allowed in subsection 929.07(2)(a), shall be relocated or replaced on-site with comparable vegetation and amount. (Ord. No. 90-16, ~ 1, 9-11-90; Ord. No. 91-48, ~ 89,12-4-91) HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES PROPOSED AIRPORT BUSINESS PLAN TUESDAY, OCTOBER 24,2006 -7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Burkeen called the Workshop to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL City Council Present: Mayor Brian Burkeen Council Member Sal Neglia Council Member AI Paternoster City Council Absent: Council Member Andrea Coy (excused) Council Member Nathan McCollum (excused) Staff Present: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio Airport Director, Joe Griffin M IS Systems Analyst, Barbara Brooke Also Present: Dr. Dave Byers, Airport Consultant @ City Council Workshop October 24, 2006 Page Two 4. PROPOSED AIRPORT BUSINESS PLAN (No Backup) A. AIRPORT DIRECTOR PRESENTATION The City Manager gave an opening presentation, citing that this was an opportunity for the new Airport Director to offer new ideas and for the public to provide input on the Airport Business Plan before a second draft is prepared. He said the second draft will be posted on the City website when ready. The Airport Director said the Airport Business Plan was begun by the former Airport Director approximately one year ago to provide a guiding document for fair and equitable treatment of future airport users in light of new post 9/11 federal rules and regulations that, he said, even general aviation airport users must follow, and particularly since the City has accepted FAA funds. He noted a consultant was utilized to prepare the document, introducing Dr. Dave Byers, and noted Dr. Byers has been working on the document since February 1, 2006. He then stated the former Airport Director moved on and the City Manager resurrected the plan, held a meeting on it in August, and during that meeting he himself heard that people wanted to air their concerns. He said most of the recommendations submitted during that meeting and after the meeting have been included in the document and that tonight's meeting would offer an opportunity for further public input. Dr. Byers then addressed Council, stating the ultimate goal of the airport is to become financially self-sufficient and this plan will set out a strategy to get there, noting the burden for funding its operation should fall to its users. He went on to say there is only so much the City can do with aviation activities and it should look to market its undeveloped property such as establishing compatible development for lease. He said he would need a consensus as to how Council wishes to move forward and they need to come up with answers as to what rates and charges should be and how they want to develop the land. He said for instance they could limit development in the Roseland Road corridor, or maybe subdivide the uses. In response to Mr. Neglia, the City Manager said Council would probably see a second draft of the plan in approximately two weeks. The Airport Director said there have been revisions made based on input from the public and his review. He said he is now working with Growth Management on land development regulations affecting the airport and rather than piecemeal the plan he wanted to wait until we have a clean document to provide to Council and the public. He said it was originally his intent to have it back for approval on November 8 but would vacate that idea for a cleaner document, noting material and input were still coming in. o In response to Mayor Burkeen, the Airport Director said he had met with all the major airport tenants. He went on to say that the first draft included some classic overreaching of government and that some of the heavy handedness had been softened. 2 City Council Workshop October 24, 2006 Page Three Dr. Byers said the new regulations will affect new users but those currently at the airport will be grandfathered; that they have agreed with Growth Management that for any plan standards that are in conflict with land development regulations, the more stringent of the two will apply. He talked about changes to the landscape and lighting provisions in concert with public recommendations. In response to Mr. Paternoster who expressed concern that current users will not be required to comply with the new standards, Dr. Byers said the federal government regulates aviation safety issues and insurance companies regulate fire codes, and that in fact the City is not required to adopt these standards but should to provide a level playing field for all new users so that each is treated equally. The Airport Director said he considers himself the safety officer for the airport and for flagrant violations he has the ability to notify them though he cannot cite them. He said in his six weeks he has seen a very safe operation and at some point there will be 24/7 security with a Sebastian police officer. B. PUBLIC INPUT Lee Skinner, Roseland, expressed concern that residents are not aware of what is being planned and they have concerns of liveability, and asked what will security do about people flying over her house every 35-35 seconds and where will she go to seek refuge. Bob Musante, Roseland, said there had been a master plan prepared ten years ago at which time the consultants brought all parties together to work out the most compatible plan and that in the past there had been voluntary rules which required pilots to climb higher before making their turns. He said the runway being used now affects Roseland residents more than Sebastian residents. Mr. Musante said Velocity planes are giving them the worst problem, and he asked if Council could reenact the voluntary rule. The Airport Director said he has found and FAA concurs that by closing runway 13-31 the City has reduced the airport's capacity by 40%, and that the City has done its part to mitigate problems with Roseland residents. He said Ms. Skinner is just to the right of the runway 31 path and she no longer has planes taking off and landing over her house and in fact any planes over her house are at 1000 feet. He said he had visited Flight Safety three weeks ago and been told that their numbers of pilots had dropped from over 500 pre 9/11 to approximately 120 post 9/11 and they are spreading the wealth around various local airports so as not to impact residents. He said he has asked them to turn earlier so as not to impact residents; and noted the airport has approximately 40-50 operations per day which equates to about 25 planes per day max and seldom at night. Scott Baker, Velocity Aircraft, thanked everyone for the opportunity to provide feedback, noting he had met with the new Airport Director on a number of occasions and found him to be very cordial and sincerely interested. He requested tax relief for lessees who do not own the property on which their businesses reside, because as time goes on the G 3 City Council Workshop October 24, 2006 Page Three closer they get to the end of their 30 year leases, the less valuable the business becomes yet they are charged full taxes by Indian River County. George Scelzi, Collier Club, recommended the City construct more hangars and collect rents on them, noting he had been on a hangar list with Sheltair for three years. The City Manager said the waiting list was at 25 at the end of 2005 and the Airport Director said he had five more people call today and had talked to FAA about this issue. Damian Gilliams said he applauded this meeting and commended the City Manager for hiring the new Airport Director because he is out talking to people. He said people need to realize that the airport was here but we have to work with everyone, encouraged economic development at the airport, recommended investigating how the hangars are being utilized and that there may be boats and cars in them, said he was interested in industrial property and that we need a master plan, and urged Council not to compete with private enterprise. The City Manager in response to Mr. Baker said lessees do not have a land investment. Eugene Wolff, Wimbrow Drive, Sebastian, said in regard to the goal of financial self- sufficiency, that Council might consider a property management person. Mayor Burkeen called recess at 8:25 pm and reconvened the meeting at 8:36 pm. John Oakes, Collier Club, read from statistics from AOPA relative to airport noise, discussed decibel levels which included a conversation at 60 decibels, piston powered single engine plane at 65 decibels all the way up to an ambulance at 140 decibels. He said when you build near an airport you will hear airport noise and you always have the option of moving. He said he lives in Collier Club and was a part of Flight Safety and they do not want to fly here because of skydiving in the area. Neil Lagin, Wentworth Street, Sebastian, said he came here tonight to hear a business plan and was disappointed. Michael ?, Gossamer Wing Way, said Saturday morning planes were landing every eight minutes, asked how it can be stopped and about touch and goes, and Mayor Burkeen said the City cannot prohibit them from doing this. Holly Dill, Roseland, said as well as economic issues there are natural resources that have to be addressed and suggested the Environmental Advisory Committee be asked to look at the plan relative to native habitat, gopher tortoises, and proximity to a park. @ Bob Ingram, said hiring Mr. Griffin was a great idea, that people who have been at the airport should be shown preferential treatment, in reference to climbing to 1000 feet there are many different types of aircraft that use the airport and this would not work for all, and suggested people who live near the airport sell their property now. 4 The Airport Director said in his discussions with FAA, their goal is that we be economically self-sufficient, and he said we need to plan how we will do that through economic development. He advised that people download the first draft of the business plan and review it again; and said it is his goal to get more input and bring the Council the best plan he could. C. COUNCIL DISCUSSION Mayor Burkeen invited anyone listening at home to contact the City Manager with any other ideas; and said he would withhold any further comments until he had time to review the second draft of the plan. Mr. Paternoster and Mr. Neglia agreed and Mr. Neglia added he would like to see environmental and economic aspects included. 5. Being no further business, Mayor Burkeen adjourned the Workshop at 9:00 p.m. Approved at the November 8, 2006 Regular City Council Meeting. Brian Burkeen, Mayor ATTEST: Sally A. Maio, MMC - City Clerk 5@ 0D I~-- CI1Y a= HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, OCTOBER 25,2006 -7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Burkeen called the Regular Meeting to order at 7:15 p.m. 2. The Pledge of Allegiance was led by Council Member Paternoster. 3. There was a moment of silence. 4. ROLL CALL City Council Present: Mayor Brian Burkeen Council Member Andrea Coy Council Member Nathan McCollum 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 Growth Management Director, Rebecca Grohall Growth Management Manager, Jan King Human Resources Director, Debra Krueger Police Lieutenant, Michelle Morris M IS Systems Analyst, Barbara Brooke @ Regular City Council Meeting October 25, 2006 Page Two 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the written agenda may be added only upon a unanimous vote of City Council members (R-05-26) On MOTION by Mr. Neglia and SECOND by Ms. Coy, the agenda was accepted as presented on a voice vote of 5-0. 6. PROCLAMATIONS, ANNOUNCEMENTS, PRESENTATIONS - none. 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. 1-17 A. Approval of Minutes - October 11, 2006 Regular Council 06.155 19-22 B. Authorize Road Closures and Logistics Associated with 2007 Pelican Island Wildlife Festival (Public Works Transmittal, Letter) -Close Indian River Drive From Harrison Street North to Jackson Street from 6:30 am to 8:00 am For 5K Run -Close Sebastian Blvd. From Just Past Hess Station East to Indian River Drive and Indian River Drive From Sebastian Blvd. South to Harrison Street From 6:30 am to 5:00 pm -Restrict North Half of Yacht Club Boat Ramp From 9:00 am to 4:00 pm to Load and Unload People for Pontoon Boat Tours Mr. Neglia removed item B. On MOTION by Mr. McCollum and SECOND by Mr. Paternoster, consent agenda item A was approved on a voice vote of 5-0. Item B Mr. Neglia asked if "no pets" signs would be posted and if an event sign planned for the intersection of Indian River Drive and US 1 would be placed by the County or the City. The City Manager said no pets signs will be posted and that the event sign would be posted by us at the intersection because it in reference to a City road. Mr. Paternoster asked him to make sure the event date is correct on sign. Ms. Coy requested that police officers be informed that they are to enforce the ban of dogs during the event. Mr. Neglia inquired about security, to which the City Manager stated standard operating procedures would apply. On MOTION by Mr. Neglia and SECOND by Ms. Coy, item B was approved on a voice vote of 5-0. 10/ l!:/ 2 Regular City Council Meeting October 25, 2006 Page Three 8. COMMITTEE REPORTSIRECOMMENDATIONS - None. 9. OLD BUSINESS 06.150 A. Resolution No. R-06-23 - Collective Bargainino Agreement Between the City of Sebastian and the Communications Workers of America, Local 3180 (HR Transmittal. Tentative Aoreement. R-06-23, Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE BARGAINING UNIT OF THE COMMUNICATION WORKERS OF AMERICA (CWA) AND THE CITY OF SEBASTIAN FOR THE PERIOD OCTOBER 1, 2006 THROUGH SEPTEMBER 30, 2009; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the resolution by title and the City Manager briefly described the agreement, stating union members ratified the agreement 42-4 and noted corrections for the record (see Human Resources Director memo dated October 24, 2006 and revised agreement pages attached) On MOTION by Mr. McCollum and SECOND by Ms. Coy, Resolution No. R-06-23 ratifying the bargaining agreement with CWA was adopted with agreement revisions as submitted by staff in a Human Resources memo dated October 24, 2006 and as read in the motion by Mr. McCollum on a roll call vote of 5-0. 10. QUASI-JUDICIAL PUBLIC HEARING 06.142 69-109 A. Approval of Site Plan Application. Conditional Use Permit and Waivers from Riverfront Overlay District Requirements for Two StOry Hotel Resort at 1034 & 1109 Indian River Drive (Citv Attorney Transmittal. Staff Report. Moia Letter, Advertisement. Architectural Plan Submitted to Staff, Architectural Plan Submitted to P & Z. Site Plan) Mayor Burkeen read the title of the item and opened the hearing at 7:23 p.m., all Council members disclosed ex-parte communications with Mr. Gilliams over the last year and a half and the City Clerk swore in all who intended to offer testimony in this hearing. Attorney Richard Torpy, 202 North Harbour City Boulevard, Melbourne, representing Mr. Gilliams, said the majority of factual testimony would be presented by Mr. Moia, MBV Engineering. He said he is here to state for the record his concern for the process of review and approval of this application. He cited his experience as an Attorney for several governing bodies and said it is the code interpretation that he believes is the problem with this case, that staff interpretation of the codes is different than the interpretation of the applicant, and he asked Council to listen closely to the evidence and if it finds codes are too ambiguous to note that. (0) 3 Regular City Council Meeting October 25, 2006 Page Four @ Damien Gilliams, applicant, stated he had been a resident of the community since 1985, and would speak to Council from the heart, noting when the project came to mind it was an existing property and that he hoped the City would work with him and make needed hotel rooms available to the community. He cited a Chamber of Commerce letter that indicates a need for rooms in the community. Bruce Moia, MBV Engineers, reviewed his responses to each of staff concerns as set out in the Growth Management staff report dated 7-12-06 and the MBV letter to Planning and Zoning Commission dated 7-21-06 both being set out in the agenda packet, individually as item ge - building coverage, 9f - floor area ratio, stating staffs interpretation of the code is incorrect and the applicant is way below the requirement, 9h - should now show compliance, 9j - the material has not yet been provided but would be stucco with metal roof, 91 - there is no code requirement for them to put it where planned, 9m - he does not know of any code that that sets out a parking stall radius standard of 25', 9n - this is a private secured resort only for use by its patrons and not open to the general public and not mixed use so there should be no additional parking required; 90 - a variance has been requested for backup parking because the existing use already has backup parking, 9p and 9u - both are variance requests, 9z drainage - they would pursue SJRWMD permits, 12a - material would be stucco with metal roof, 12b -mechanical equipment would be screened, 12c - also a parking issue, 13b - has applied for a variance, 14 - traffic impacts are stated on the plan, ,15d - location of proposed utility service was provided, 15e - location of proposed structures have been fully dimensioned on the plan, 15j - landscaping calculations have been included in the variances, 151 - they have made efforts to save oak trees on the west side, 12m - they could adjust the size of palms, 12p - this can be shown and they are not affecting anything off site of their property, 22 - drainage concerns would be addressed and a variance has been requested for parking deemed hazardous by the Engineering Department, 23 - this is a secured private resort and the uses are accessory for use by the patrons. He said he believes they have met the intent of the code and that he would respond to questions from City Council. The Growth Management Director said the items before Council tonight are consideration of three separate actions which are conditional use approval, approval of three waivers from the riverfront overlay district requirements and site plan approval, and in addition the Board of Adjustment would have to consider nine variances from the Land Development Code at another time. She said staff has reviewed the site plan numerous times since first submitted in 2003, and spent hundreds of hours in review. She said staff is ready to rebut each statement with specific code citations, believes the code is very clear and not open to interpretation. She used as an example, "Floor Area Ratio is a measure determined by dividing the gross floor area of all buildings on a lot by the areas on that lof' and goes on to define "gross floor area" as "the areas of all floors of a building including finished basements and all covered areas including porches, sheds, carports, and garages." 4 Regular City Council Meeting October 25, 2006 Page Five Mr. Neglia asked about the nine variances and was told they are set out on circle page 84 of the agenda packet but the City Attorney advised the variances are not set for discussion tonight. Mr. Neglia asked if item 9m relative to typical engineering standard of 25' radius was the City's standard, and the Growth Management Director cited LDC Section 54-3-10 #5e4 which states, "minimum radius on all commercial driveways shall be 25 feet". In response to Mr. Neglia, the Growth Management Director said the applicant has shown the location of the dumpster but not how it would be screened and they been asked to determine if there is not a better location for the dumpster that doesn't block the waterfront view. In response to Mr. Neglia, Mr. Moia said a four-foot decorative security fence around the pool is planned which would not be accessible without going into the resort. In response to Mr. Neglia's concern about preservation of trees, Mr. Moia said the best quality trees preserved would be in front of the building. Ms. Coy expressed concern for the four-foot fence and asked how it would keep people out and Mr. Moia responded that resort staff would participate in keeping people out who are not patrons, and that the breezeway would have a gate. Ms. Coy said this plan needs some tightening up and would want to see more information about security, because the applicant has stated that the tiki bar and the marina would no longer be open to the public and only invited guests of residents of the motel would be able to enter. Ms. Coy then cited several sections of the code that are very specific and not ambiguous including floor area ratio, noting that Mr. Moia had forgotten LDC requirements of gross floor area set out in Article 12 Section 54-5-22.2 which would include all surface in the tiki bar; that Article 10 Section 54-3-10.2 covers screening of waste containers; that Article 10 Section 54-3-10.2 states that minimum radius on all parking shall be 25 feet; noting requirements for mixed uses as "the requirement for parking spaces shall be equal to the sum of all uses computed separately" and here we have to decide if this is a resort or a separate motel, marina, bar, etc. She said we don't want a fence that would obscure the view of the river and rely on bartenders and other resort personnel to police the area; that if we believe it is a resort then the applicant may be close on the parking problems; that she finds it hard to believe the 15 boat slips anticipated would only be used by resort residents in 39 rooms; that backing up into a public street is set out in Article 10 Section 54-3-10.6 'general design standards' which states no backing into a public street and that there should be an aisle or driveway; that it is known that if this project kept the exact footprint as it has today it would be grandfathered but that is not the case, but the applicant has totally changed the footprint, and that entries and exits are required by Section 54-3-10.7. She said she was not interpreting data but reciting the code. She then cited internal circulation r;~'. ~ 5 Regular City Council Meeting October 25, 2006 Page Six system requirements, which were not hypothetical but code; then went on to the tree and landscape code Section 54-3-14.7 subsection b.i. which sets out criteria for removal of specimen or historic trees and requires an alternate site plan to protect the trees, stating if the applicant turned the building around he could save those oaks, that this was not opinion but code. Mr. Paternoster discussed the variances that would need to be granted stating that when someone makes a request for a variance they are asking for a deviation from the code, and stating there is a hardship to the property and not the individual. He said in this case he did not really see a hardship on the land. Mr. Moia responded the depth of the land on the river is the hardship. Mr. Paternoster suggested the pool could be removed. Attorney Torpy said a variance requirement usually occurs when there is a unique problem with the land that is enjoyed by other property owners and that there are several resorts and businesses up and down Indian River Drive which have special circumstances. He cited backing out onto Indian River Drive at Captain Hirams. He was corrected by several people that there is no backout parking at Captain Hirams. Mr. McCollum asked the City Attorney what Council would be voting on tonight. The City Attorney said City Council would vote on whether this hotel meets the conditional use criteria, then Council would want to consider whether to grant a waiver of from riverfront overlay district requirements based on whether enforcing those provisions would create an inordinate burden on the applicant that as a matter of fairness should be borne by the public in general rather than the applicant, and then whether to approve the site plan which would be subject to obtaining variances. The Growth Management Director read conditional use criteria for CWR zoning as set out in the agenda packet page 81 paragraph 24 subparagraphs 1 and 2. The City Attorney also cited general conditional use criteria in Article VI paragraphs 1 through 6 on page 81 of the packet, which also must be met. He said to grant a use of a hotel in the CWR district you have to decide on all of these criteria affirmatively. In response to Mayor Burkeen, the City Attorney said during a review of a prior site plan for this project by Planning and Zoning, the west side of the project was approved subject to approval of the east side and then the east side was denied so that vacated the approval of the west. He said there are no provisions to approve a site plan unless it is phased and he had advised Planning and Zoning of this. Mayor Burkeen said going back to accessory use issues he is confident the applicant can meet the requirement for security, and based on that, wanted to know if the City is using the same standards for others such as Best Western, Riverboat Tours and Captain Hirams Key West Inn and Sandbar. @ 6 Regular City Council Meeting October 25, 2006 Page Seven The Growth Management Director said she is confident the developments cited have met the parking requirements of the code and again reiterated the code states that in the case of mixed uses, parking spaces shall be equal to the sum of several uses computed separately, and in the hotel/motel section it says one space for each 100 square feet of accessory and meeting rooms, and does not say accessory bars, pools or accessory restaurants. The City Attorney said nowhere in the Code does it state that you don't count parking for accessory uses. He said after he arrived the next time Hirams came in they sat down and determined exactly what parking was required for each individual activity and the number of parking there now is the sum of all the uses. In response to Mayor Burkeen, the Growth Management Director said Riverboat Tours only has one driveway in and out and this was allowed by the Code if you cannot have two way, but you still have to provide an area to turn around and not back out into traffic. The Growth Management Manager explained the applicant received a benefit by considering the breakfast room an accessory meeting room but to call a bar an accessory meeting room is a stretch. Mayor Burkeen called for input in favor of the application. Bruce Hayes said we deserve another resort, that sometimes that this Council pulls the wool, that Mr. Gilliams wants to generate jobs and do something for the city and Council needs to stand up to the issue and say do this, said he understands codes, that half the town doesn't have water, the street lights last three minutes, and said give the man a chance. Tammy said she wants a place for her children to work, and that she cannot jump over a four-foot fence. Tiki Crumenacker, said he was new in Sebastian and had served on the Wellington P & Z and supported the resort, stating it would bring business to the area and improve the waterfront. Barbara R. Cheatam, said she had worked at Disney and they only had one security guard at the gate and employees knew who was supposed to be there and who was not. Flo Ursulean said he spent several thousands of dollars to get variances and it keeps getting canned and said staff is dictating. Ruth Sullivan, Indian River Drive, said the hearing notice she received mentioned conditional use permits and waivers from the riverfront overlay district requirements which is in place to prevent overdevelopment in the riverfront; that we have had hotels built recently and business is slow right now; that this proposed development is planned @J 7 Regular City Council Meeting October 25, 2006 Page Eight to go on less than 1.5 acres with 39 hotel units, a breakfast room, office, tiki bar, outside seating area, pool, and 15 boat slips which would not doubt be rented, and in her opinion this was 20 pounds of potatoes in a five pound bag. She said this is a serious case of overdevelopment and violates many regulations and requirements; the site is 50 parking spaces short; existing businesses are grandfathered and have been there for years and that cars do not back out from Captain Hirams; that the sidewalk on Indian River Drive is very popular and many use it and it is a wonderful City asset and this would create a personal injury accident just waiting to happen; that there are environmental concerns in this district to consider; she would like to see the area developed but within the code, that this plan had been rejected a number of times and asked that it be rejected again until it meets the code. She also expressed concern about Council bringing back Ordinance 0-00-08 regarding the twenty-five foot building height restriction. Joseph Palladin, Chairman of the Growth Awareness Committee for Indian River County and President of Atlantic Coast Construction and Development Corporation of Sebastian, stated that there are many variances and code infractions which could be overcome if Mr. Gilliams had a desire to do so; that there are use and safety issues; and finally that this is Sebastian, this is your riverfront and you only have so many chances to make it right and something to be proud of and it is important that Council represent itself well and serve the people well. Donna Keyes, 725 Layport Drive, Sebastian said Damian is her neighbor, she knows his family and has no personal problems with him but does have problems with this plan; said the only hardship here was that there is not enough room for this size project laid out the way it is and stated that variances have to be for conditions not created by the applicant and these conditions are created by the applicant. She said she knows Mr. Gilliams could create something very nice on this property but not this plan because there are too many things that the City has to give where the City should be getting. She said the project is too big for this lot and respectfully requested that Council deny the application. Trish Adams, 47 River Oak Drive, Sebastian said it is totally inappropriate to shoehorn this project into a property this size; that it would remove specimen trees and would have improper storm management; said the project should be reduced and sets a bad precedent for our waterfront. She said she would personally not frequent a resort only one acre in size; that it should be reduced, redesigned and have it fit the property. She recommended the application be denied as proposed. Lisanne Monier, 725 US Highway One, said the project is far too intense for the amount of land on which it is to be built, that Mr. Gilliams has utilized enough time from City staff and boards and he and his engineer have been directed to make appropriate changes time and time again and each time have refused to do so; that there is no excuse anymore, that his properties are the blight of this community, and that she is sick of her tax dollars being spent on staff time spent on this project, noting that fees have @ 8 Regular City Council Meeting October 25, 2006 Page Nine been waived and he is not even paying now. She said it was time to stop the mockery of the governmental process, the laws and the codes, and suggested perhaps Mr. Gilliams should buy the old Bealls property and build his resort there because there would be plenty of property. The City Clerk read a letter of objection from Willard and Kathryn Siebert e-mailed to City Council members on Sunday, October 22,2006 (see attached to the minutes). The City Attorney advised City Council members said while the Siebert letter does not appear to contain any factual statements in it to this case, to the degree that it does, Council is allowed to consider that they were not under oath in those statements read into the record. Mayor Burkeen called recess at 8:45 p.m. The City Attorney advised Council not to speak to anyone during the recess relative to this case. Mayor Burkeen reconvened the meeting at 8:57 p.m. All members were present. There were no additional ex-parte communications by City Council to disclose when the meeting reconvened. Mr. Moia admitted he was in error on the gross floor area and said his client would be willing to reduce the size of building by 162 square feet, and would provide adequate screening such as a block wall for the dumpster. He noted that every driveway in the plan already has a 25 foot radius, that there is adequate parking because this is not a mixed use but is a secured resort which is a single use and parking should be based on a single use, said the fence can go to five feet and that it would be an aluminum decorative picket fence which would not block the view of the river; that the docks, if rebuilt are planned to be used only by patrons of the resort; that backup parking should be encouraged in this type of area and was not a safety concern, stating no one has ever brought him an incident of anything happening because of it; and as to clearing of the trees some trees cannot be relocated but they are preserving those that can be preserved; and that drainage would be improved from what exists there now because there is currently no retention. Attorney Richard Torpy, said you have two lawyers in the room, the City Attorney who represents City staff and can't give Council a neutral opinion and then asked that his own input be given the same weight as Mr. Stringer's input. He noted that Mr. Palladin said Council is here to serve the people and then Mr. Torpy asked people in the audience who support the project to stand up. Many people stood up and were holding "Save Our Resort". He said when you are looking at conditional use approval, the basic question you have to ask is do you want this project, and that most of the nine variances deal with parking. He said you also must ask does this improve what you have there now, noting this is currently not a clean site which already backs out onto the road, it is a bar and there is no drainage plan on the current site. He said it is going to be better than what you have now, and that backup parking was currently being done but could be better by using signage. He discussed cost benefit analysis, stating that this project was not being done out of benevolence, the applicant was not a not-for-profit ~.\i \1;/ 9 Regular City Council Meeting October 25, 2006 Page Ten organization and that the applicant intends to make money. He further stated the amenities within the structure would be for the use and benefit of the occupants of the structure only and there would be security measures to ensure this. He reminded Council that parking would have to be handled at another meeting, but that doesn't mean you say no to the project, if they believe this would bring a benefit to the community as a whole, he asked that Council approve it. The Growth Management Director commented that development could occur that complies with the Land Development Code, improves the waterfront, benefits the community, provides living wages; that there are businesses up and down the riverfront that have complied with the codes, and respectfully requested that Council deny the conditional use, the waivers and site plan before them. Mr. Neglia said as we have discussed over and over, he was glad trees won't be moved, that there are other buildings which have gone up recently that are blocking the riverfront, noted that as the City Attorney had said earlier we can't partially approve a site plan, said cars are not backing out on Indian River Drive in the new projects, that the hardship is to the property not the individual. He said he thought a total of 39 units with 15 boat slips is kind of questionable, that the applicant has agreed to include the tiki bar in the floor plan and that waste containers would now be taken care of, that he questions whether or not the tiki bar would be open to the public, would like to see more information on security, and suggested that perhaps Mr. Gilliams can lessen the amount of rooms or remove the pool. He concluded by stating he would like to see the project possibly scaled down, would like to see a resort here but can't see this fitting in there because there is not enough room. Mayor Burkeen noted Mr. Moia said they would reduce the square footage by 162 feet, agreed that this was a single use resort, and asked if Mr. Gilliams expanded his tiki bar as it was now he would he still be able to back out onto Indian River Drive. The City Attorney said the current use is non-conforming and under the code he could not expand or change a non-conforming use and until he changes one of those two things he can continue to backout. Mayor Burkeen asked if Com cast vehicles were still backing out across the street and the City Attorney confirmed they were. Mayor Burkeen said Council talks about economic development, that Mr. Gilliams could scale down his project that would meet the requirements but it would not be economically feasible, that he would like to see specimen trees saved, that Council makes considerations to others on the riverfront relative to boundary lines and landscaping and noted that Mr. Gilliams would create tax money for us and there would be some jobs. He said it probably is ten pounds of potatoes in a five pound sack but he would like to see something done in this area, that Mr. Gilliams could put in 39 boat slips if he wanted to, and did not think the project was terrible but there was room for improvement but hoped Council could see past that and look for conditional use on it. ~~\ \l=/) 10 Regular City Council Meeting October 25, 2006 Page Eleven Ms. Coy said the code states that alternative site plans shall be considered regarding saving specimen trees and no alternative site plans were ever submitted as required, and'yes trees cannot be moved as the building was planned but the building could be relocated. She said she had no problem with a hotel here but she believed it was ten pounds in a five pound sack, that this plan violates nine different sections of the code, that backing out over a sidewalk was never considered by her because it is too dangerous and ordinances prohibit it. She said there are things that could be done to the site plan to reduce the scale and still have a bar and maybe a smaller pool but no effort was made to do that, and in looking at conditional use criteria she sees that the parking has to be designed to protect the public safety and welfare, that backing out over a sidewalk fails to meet provisions of conditional use, and as presented this project fails conditional use criteria. She said she would love to approve the project if it was scaled down. Mr. Paternoster said there is not much more he can add that has not already been said, agreed the applicant could improve what is there now but it needs to be scaled down, that the hardship is created by the owner, that this would be a great addition but nothing has been offered to scale it down, noted that Mr. Torpy has stated that backing out is bad and agreed that backing out is bad whether it is a tiki bar or a resort. He agreed we would be remiss if we didn't look at this and see the potential. He asked, if Council sees parking problems on the riverfront should it agree to give nine variances to every business that wants to develop down there? He respectfully said to Mr. Moia that he was taken aback by the fact that Mr. Moia missed the gross floor area ratio in the code and to Mr. Gilliams said if he could scale the project down and meet criteria Council probably would not have a problem. Mr. McCollum said if he was developing the property he would build a second floor on the west side and make a parking garage, was against reducing the ten foot perimeter landscaping to five foot because this was a buffer to a residential district and he doesn't know what is going in there, and agreed with everyone that the project needs to be scaled down. He asked what became of the height ordinance. He said property owners have the right to build but Council also had the right to require things and we have to think of adjacent property owners. He said the project has a lot of potential and can be worked on. Attorney Torpy requested that Council table the item for thirty days to give them time to respond to some of the requests of Council. The City Attorney said tabling it would say they are going to make changes, and Council could do it, but it would be no different than starting from scratch and fundamentally it would be a new site plan. Ms. Coy said Council had agreed to make a decision tonight as a clean slate, that Council agreed to review it as is, and now it needs to go back and be redrawn and it was foolish to think we could make revisions without going through staff and thirty days (i;---"'" /) C) \, //. // 11 Regular City Council Meeting October 25, 2006 Page Twelve was not long enough for staff review. She said she was prepared to review the site plan as it was, that this was our agreement with Mr. Gilliams' attorney and recommended it start from scratch. Mr. Neglia said he agreed with Ms. Coy, let Mr. Gilliams make new plans, start it from scratch and go back to Growth Management because he knows exactly what Council wants. Mayor Burkeen said he hated to put it off in all fairness. MOTION by Mayor Burkeen and SECOND by Mr. McCollum to table it for thirty days. Mayor Burkeen, in response to Mr. Neglia, said the thirty days would be time for it to go back to staff. Ms. Coy said she believed Council had met its obligation and thought to extend it further would be ludicrous. Roll call on the motion to table failed 1-4 (McCollum, Neglia, Paternoster, Coy - nay) Ms. Coy asked what would have to be found in order to approve conditional use. The City Attorney advised on the requirements for general conditional use approval by reiterating the requirements set out in the Land Development Code and on page 81 of the agenda packet, as follows: Is the project so designed, located, and proposed to be operated so that the public health, safety and welfare would be protected; does it present any unduly adverse effect upon other properties in the impacted area in which it is located; and based on the scale, intensity and operation of the use shall not generate unreasonable noise, traffic, congestion or other potential nuisances or hazards to contiguous residential areas; does it conform to all applicable provisions of the district in which the use is to be located; does it satisfy specific criteria stipulated for the respective conditional use described in this article; and is it consistent with the code of ordinances and comprehensive plan. The City Attorney went on to advise that to grant the waivers from the riverfront overlay district regulations Council must determine that granting of the waiver is necessary because strict interpretation of the regulations would place an inordinate burden on the property owner as defined by Florida Statutes, and Florida Statutes defines "inordinate burden" as "applying the code directly restricts or limits the use of the property such as the owner is permanently unable to attain the reasonable investment backed expectation for the existing use which isn't here, or the vested use which isn't here or the vested use right to a specific use of the property with respect to it as a whole and that he would permanently bear a disproportionate share of the burdens imposed for the @ 12 Regular City Council Meeting October 25, 2006 Page Thirteen good of the public with fairness should be borne by all people." He said that to grant the waiver, Council would have to find that applying the code creates an inordinate burden which in essence means it so unfairly restricts his ability to use the property in accordance with its rights under the code. Mr. Gilliams said he has been asked by the City to come back several times and he was asking once for the item to be tabled so he could address the issues. Mr. McCollum asked if Council decided to approve the conditional use permit to say this could be a resort what did Council just say, and the City Attorney responded Council would be saying a hotel would work at that sight, then Council could move to the next step which is the waiver, and then on to the site plan. He said Council could say a hotel would work on the site and then still reject the waivers and the site plan. Ms. Coy said the six conditional use criteria have to be in line and before she could say yes that a hotel would work, and she said she believed it would, she would not be able to say this meets the criteria. The City Attorney said if Council says this meets the conditional use, then we are already approving the waiver. He said if Council wanted to defer action on the conditional that is understandable and go straight to the others. Mr. McCollum asked if this Council approved the conditional use, but denied the waiver and the site plan then what would happen. The City Attorney said Council could defer action on the conditional use and go on to the site plan or the waivers. The City Attorney said if the applicant has no problem Council could take all three in one vote, and asked Attorney Torpy if he had any objection to combining the vote. Attorney Torpy said he would have an objection and if Council tabled this tonight they could go back and tweak the site plan, and let it go back to staff. He said by simply denying this we have no incentive to move forward. He said failing that Council could grant us the conditional use, deny the other two and at least we know that Council wants a hotel at this site, and then we could mess with the site specific issues and come back. The City Attorney said if this were the first time this had come up he could see it, but for a few years staff had been saying we like a hotel, but we have problems with certain issues and this was not new. Attorney Torpy said this was nonsense and as far as he knows, this was the first time this board had heard this project in total. The City Manager said this was the second time, that the applicant had submitted it in total and it was rejected and this is a resubmittal with fees waived, these comments have been given to the applicant before and this was not a surprise. The City Attorney said this is a resubmittal but no changes were made. ~/----- -~ ,. G/.1 \ v I ~ 13 Regular City Council Meeting October 25, 2006 Page Fourteen Attorney Torpy said he did not want the applicant labeled a villain because he asked to have Council hear this rather than Planning and Zoning or City staff. Ms. Coy showed Attorney Torpy the different site plans that were submitted and said this was the second time, that it had been tweaked and tweaked and substantively had not changed. She said plans that were reviewed by staff were then tweaked again by Mr. Gilliams when he appeared before the board and that just doesn't normally happen. MOTION by Ms. Coy and SECOND by Mr. Paternoster to deny the conditional use passed on a roll call vote of 3-2 (Burkeen, McCollum - nay) The City Attorney then said the rest of the issues are now moot because the conditional use permit request failed. 11. 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 12. NEW BUSINESS - None 13. CITY ATTORNEY MATTERS The City Attorney said he would bring back the Ordinance for first reading relative to building height at the next meeting, and he would look to Council for guidance as to filling and other protective actions along the riverfront. He said this is the sixth jurisdiction he had represented citing when he had private practice it was his job is to get his project approved, but when he works with government his responsibility is to work for Council to make sure the codes are applied. He reported on the Clambake noting there would be money prizes for the raft race and chowder cook-off. 14. CITY MANAGER MATTERS. None. 15. CITY CLERK MATTERS - None 16. CITY COUNCIL MATTERS A. Ms. Coy Ms. Coy said in working with Indian River Community College, specifically Dr. Massey and Dr. Sullivan she had found that out of 1000 or more classes offered there are only three offered in City of Sebastian. She said she would like to look at building something in Sebastian, possibly rehabbing two buildings here on the city complex site or their use. She said with Council's consensus she would like to continue the dialogue and Council concurred. @ 14 Regular City Council Meeting October 25,2006 Page Fifteen The City Attorney said he would check the Boys and Girls Club contract for joint use of facilities such as computer labs and gyms during their off hours. B. Mr. Paternoster Mr. Paternoster asked when the restrooms would be open at the splash pads and the City Manager responded in a couple of weeks. He also requested sun protection for parents at splash pad and the City Manager said he would look into it. C. Mr. Neglia Mr. Neglia requested looking into putting some protective coating over the concrete at the splash pad and the City Manager said he would look into that and a gate. D. Mr. McCollum Mr. McCollum discussed Waste Management noting their contract stated their pickup deadline is 5 pm, and said if they were not going to meet their deadline then let's bring them in here. He encouraged people to get out and vote relative to the School District issues noting this Council had done everything it could legally do to get things done, and said Dr. McGarvey had no plans to do anything about overcrowding in the middle school. He reported that when he was in Tallahassee he found out the Fish and Wildlife and Coast Guard have funding for derelict vessels. Mr. McCollum said it would be difficult for him to get to meetings during the winter months when a huge wildfire situation was expected. He stated that he would be resigning from his position on Council as of December 31, 2006 as of 11 :59 p.m. He said by Charter, because it was less than six months before the next election, Council could appoint someone by vote of Council or it does not have to appoint anyone at this time and to meet the rule of the Charter Council could select one of the March electees at the regular meeting following the election. He said he did not think the City had ever had a more solid City Council and he feels comfortable leaving it in their hands and the best news is he would be able to discuss anything he wants with any of them and Mr. Barnes would have nothing to write about. He requested that an item relative to disussing the process for filling the vacancy be placed under his matters for December 13, 2006. E. Mayor Burkeen Mayor Burkeen said he attended the Treasure Coast Council of Local Government Meeting for Mr. Neglia and said it was nice to see everyone at the table. He said there was a discussion of the establishment of the Treasure Coast League of Cities and their @ Regular City Council Meeting October 25, 2006 Page Sixteen intent was never to initiate the Indian River League of Cities but rather there is a movement to put together a Treasure Coast League of Cities and they would ask Mr. Neglia at his next meeting what the intent of the City of Sebastian would be. It was the consenus of Council to approve establishment of a Treasure Coast League of Cities rather than an Indian River League of Cities. 17. Being no further business, Mayor Burkeen adjourned the Regular Meeting at 10:24 p.m. Approved at the November 8, 2006 Regular City Council Meeting. Brian Burkeen, Mayor ATTEST: Sally A. Maio, MMC - City Clerk ~.30) l~. cnyOf o ~1J}-i2/j'1t-il\J II-~Ol'.JtE OIF Fl~J.ICAN USiA-NO CITY OF SEBASTIAN AGENDA TRANSMITTAL r Submittal by: City Manager Agenda No. Of.:;. ( Sq Department Origin: l!.'}lijO~e t. ~ Fi.nance Direc~:_~~____ City Attorney: k--- City Clerk: Date Submitted: 10/23/06 For Agenda of: 11/08/06 Subject: Exhibits: Letter of certification from Police Chief Price Quotations EXPENDITURE REQUIRED: AMOUNT BUDGETED: $6,035.00 APPROPRIATION REQUIRED: $6,0035.00 SUMMARY The Special Response Team responds to high liability drug raids and seizures as well as certain warrant services. The SRT officers carry special equipment to operate under adverse conditions. As the team acquires more experience, the need for additional equipment has been noted. At a recent nighttime deployment our officers were hampered by not having adequate lighting to complete their task safely. This can be remedied by adding small, LED lights to the long guns used on forced entries into buildings. Florida Statute 932.7055 (5) (b) pertaining to the use offorfeited funds requires the approval of the local governing body and the chief of police to expend these funds. Most of the funds are obtained by seizing money and/or property from drug dealers and users. This is a request for your approval to purchase LED navigation lights for ten rifles and eight shotguns used by the SR T. RECOMMENDED ACTION Approve the expenditure of Forfeiture Funds in the amount of $6,035 for eighteen LED navigation lights for SRT weapons from SRT Supply, St Petersburg Fl. 0' @ Sebastian Police Department 1201 Main Street Sebastian, Florida, 32958 772-589-5233 Fax 772-3881872 e-mail spd@cityofsebastian.org James Davis, Chief of Police October 23, 2006 Brian Burkeen, Mayor Nathan McCollum Andrea Coy, Councilwoman Sal Neglia, Councilman AI Paternoster, Councilman City of Sebastian 1225 Main Street Sebastian, Fl32958 Reference: Expenditure from Forfeiture Account FS 932.7055 (5) (b) This letter is to certify that the requested expenditure of $6,035.00 for the purchase of eighteen LED navigation lights is an approved use of Forfeiture Funds. The lights will be issued to members of our Special Response Team. The SRT responds to high liability situations including drug raids and drug seizures. This purchase does not supplant our normal operating budget, as this is a special request for safety equipment ~~. mes A Davis Chief of Police @) Dtr.l Zz -0 in_ ~~ u~ C::o ::J::J ~ z~ <u E=2 in~ ~~ ~z inO l:;;;.:I:: o~ ;;..~ ~~ WE-< CiV ~ =It: c:: o Cl z ~ > '). ~ , ~ 10" ~ ! i ~ ... :) i.' ~ ~ N :;t: ~ o o z ~ ;> oJ ~ t:. '" ~ " ~ ~'" ~~ ~~ - =It: ~ o Q Z \;1;;j > <II' "CI N .. III ~ ~ ~ ~.. 'A . .1 ~ ~ 3 :. o " , ..; i ij 'i ~ ~ S i i l ec ~ ~ \J '" -a ~ ~ ~ ~ "" ~ viii. ~... .. , "" \-. '\ ~ ., ~ It! ';) ~ I:) ~ (/)" ~~ \.. <.I ()~ ~ ~ ~~ ~ ; ;; ~ z~ "'..... ~ ::; c .... .Vi c:: ::l 0 ~u '" l... l... '" o 0 ~ "C"'Ol... C c: "'0 ~ ~ "'0 >;>~ ~ i ~ ... ').: ~ 0 I' ~ ~ "- .... ;:s . . iE Cf . it ! i ~ ... 0) a a o u . 'It .. :J ~ o - :: '" - 0) E c o u ~ ~ .. ~ ~ ~ ... ~ ... o u ~ .... .. "" ~ '0 ..... \:; ~ 01" ~ I ~ ~ ~ ~ l... <IJ .. <IJ ..Q ~ - ... ... <1:1 :: .: Cl Z 1-< ;>., ~ c>(l ~ 5~& ... = ~ ~OQ a ~i ""... ~ c: o.l ... ... E o U ~ ... ;; ~ ?! ~ J .. j ~ 1 I: . .., , ~ .. 'It ~ .. .. ":t 00- .. . ~.j ~ .. 'll ~. .: ~ ~ " .. . '!~ [;;;l Eo-< < ~ q ~ f 00 a ~~ '" ~ .., ..t 'l ~ -.t ~ ~ ~ l t) ~ ~ 3 '). "). . ~ ~ ~ ~ ~ ~ ~ ... ~ ~ ~ ~ "- 'II: 3 , \l IV :>> S~~ ~. C;J ~ ::J ~ < z C.) - in Cl .... ;;,- .... ..; :;: c:: o .... HOME Of PELICAN ISlAND Cit of Sebastian, Florida O~. o:)(c Agenda No. Subject: Resolution No. R-06-25 Adopting an Amended Fiscal Year 2005-06 Budget. Submittal by: City Manager Department Origin: City Attorney: City Clerk: cefi-ar , Date Submitted: October 31, 2006 For Agenda of: November 8, 2006 Exhibits: . Resolution No. R-06-25 . 4th Quarter Budget Review Memorandum . Capital Project Status Reports as of September 30, 2006 . Schedule of Investments as of September 30, 2006 . 4th Quarter Accomplishments and Operating Statement Fiscal Year 2006 EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: N/A SUMMARY Pursuant to city's adopted [mancial policies, budget reviews and adjustments would be presented to the City Council on a quarterly basis. In addition, capital project status reports and investment reports are also included for your review. Following adoption of the City of Sebastian's Fiscal Year 2005-2006 3rd quarter amended budget on August 9, 2006, there were several program changes that occurred over the three months ended September 30, 2006 that require an amendment to the budgets of the various funds of the City. As such we are recommending a net increase of $347,621 to the General Fund. This recommended increase represents the additional transfer from Stormwater Utility Fund ($230,000), which was previously approved by the City Council on July 12, 2006 for contract mowing services and an increase in state shared revenue ($117,621) for State contribution of police pension. In addition, there are increases in a few Special Revenue Funds and Capital Project Funds as well as a few line item adjustments, which do not increase or decrease the total budget included in this package. The explanations are provided in the Budget Review Memorandum. The main purpose of the line item adjustment is to be in compliance with Florida Statute 166.241(2), which states that it is unlawful for any municipal government to expend or contract for expenditures in any fiscal year except in pursuance of budgeted appropriations. In keeping with the ability of the City to react to these type of changes as they occur during the course of a year and matching it with the ability to take advantage of them, we are recommending the changes identified in Resolution No. 06-25, Exhibit "A", which are more particularly defined and explained in the enclosed memorandum for the 4th Quarter Budget review. RECOMMENDED ACTION Move to approve R-06-25. (jil @ RESOLUTION NO. R-06-25 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2005 AND ENDING SEPTE:MBER 30, 2006 AS PROVIDED FOR IN EXHIBIT ~'A"; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on September 20, 2005, the City of Sebastian adopted Resolution No. R-05-39 providing for the adoption of the City's 2005-06 budget; and WHEREAS, an analysis of the revenues and expenditures for the twelve (12) months ended September 30,2006 has indicated that some adjustments are necessary, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, THAT: Section 1. The budget of the City of Sebastian, Indian River County, Florida for the Fiscal Year beginning October 1, 2005 and ending September 30, 2006 be amended, a copy of which is attached hereto and more particularly identified as Exhibit "A", which are hereby adopted and the revised appropriations set out therein are hereby made to maintain and carry on the government of the City of Sebastian, Indian River County, Florida. Section 2. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. This Resolution shall be come effective on September 30, 2006. It was moved for adoption by Councilmember The motion was seconded by Councilmember being put to a vote, the vote was as follows: and, upon Mayor Brian Burkeen Councilmember Nathan B. McCollum Councilmember Andrea Coy Councilmember Sal Neglia Councilmember Al Paternoster The Mayor thereupon declared this Resolution duly passed and adopted this 8th day of. November 2006. @ @ ArrEST: Sally A. Maio, MMC City Clerk CITY OF SEBASTIAN, FLORIDA By: Mayor Brian Burkeen Approved as to form and content for reliance by the City of Sebastian only: Rich Stringer, City Attorney EXHIBIT" A" AMENDED FY 2006 AMENDED BUDGET BEFORE 4TH QUARTER BUDGET AFTER FUND TITLE ADJUSTMENTS ADJUSTMENTS ADJUSTMENTS GENERAL Revenues $ 12,767,391 $ 347,621 $ 13,115,012 Expenditures $ 12,767,391 $ 347,621 $ 13,115,012 CDBG-LOUISIANA A VENUE Revenues $ 30,060 $ $ 30,060 Expenditures $ 30,060 $ $ 30,060 LOCAL OPTION GAS TAX Revenues $ 811,429 $ 189,438 $ 1,000,867 Expenditures $ 811,429 $ 189,438 $ ,1,000,867 DISCRETIONARY SALES TAX Revenues $ 2,531,960 $ $ 2,531,960 Expenditures $ 2,531,960 $ $ 2,531,960 RECREATION IMPACT FEE Revenues $ 389,654 $ $ 389,654 Expenditures $ 389,654 $ $ 389,654 STORMW A TER UTILITY FEE Revenues $ 853,718 $ 230,000 $ 1,083,718 Expenditures $ 853,718 $ 230,000 $ 1,083,718 LAW ENFORCEMENT FORFEITURE Revenues $ 10,000 $ $ 10,000 Expenditures $ 10,000 $ $ 10,000 G.R.E.A.T. PROGRAM Revenues $ 9,894 $ $ 9,894 Expenditures $ 9,894 $ $ 9,894 DST DEBT SERVICE FUND Revenues $ 1,040,544 $ $ 1,040,544 Expenditures $ 1,040,544 $ $ 1,040,544 STORMWATER DEBT SERVICE FUND Revenues $ 437,848 $ $ 437,848 Expenditures $ 437,848 $ $ 437,848 CAPITAL PROJECTS FUND Revenues $ 1,450,763 $ 818,609 $ 2,269,372 Expenditures $ 1,450,763 $ 818,609 $ 2,269,372 GOLF COURSE Revenues $ 1,676,979 $ $ 1,676,979 Expenses $ 1,676,979 $ $ 1,676,979 AIRPORT Revenues $ 411,726 $ $ 411,726 Expenses $ 411,726 $ $ 411,726 BUILDING Revenues $ 2,341,889 $ $ 2,341,889 Expenses $ 2,341,889 $ $ 2,341,889 TOTAL BUDGET $ 24,763,855 $ 1,585,668 $ 26,349,523 @ @ HOME OF PEUCAN ISJ.AND TO: MAYOR AND CITY COUNCIL THROUGH: AL MINNER, CITY MANAGER FROM: SHAI FRANCIS, FINANCE DIRECTOR DATE: OCTOBER 31, 2006 SUBJECT: 4th QUARTER BUDGET REVIEW - FISCAL YEAR 2006 As of September 30, 2006, the status of budgets for the major operating funds were as follows: % OF BUDGET REVISED RECEIVED! BUDGET RECEIVED! BUDGET EXPENDED* BALANCE EXPENDED GENERAL Revenues $ 12,767,391 $ 12,290,350 $ 477,041 96.26% Expenditures $ 12,767,391 $ 12,254,267 513,124 95.98% GOLF COURSE Revenues $ 1,676,979 $ 1,585,930 $ 91,049 94.57% Expenses $ 1,676,979 $ 1,369,929 $ 307,050 81.69% AIRPORT Revenues $ 411,726 $ 369,274 $ 42,452 89.69% Expenses $ 411,726 $ 373,333 $ 38,393 90.68% BUILDING Revenues $ 2,341,889 $ 2,413,287 $ (71,398) 103.05% Expenses $ 2,341,889 $ 979,140 $ 1,362,749 41.80% Highlights of the fourth quarter status analysis include: 1. General Fund Overall revenues supporting the General Fund are being received as planned. During the twelve months ended September 30, 2006, 96.26% of the budgeted revenues were received. The fourth quarter budget review includes recommendations to increase the total amended budget for the General Fund by $347,621. This recommendation includes the following: . $230,000 increase in transfer from Stormwater Utility Fund for additional costs associated with the stormwater contract mowing services, which was previously approved by the City Council on July 12,2006. ~ · $117,621 increase in State Shared Revenue. The amount represents the State contribution for the police pension. There are also line item budget adjustments listed below which do not increase or decrease the amended General Fund budget that are included in this amendment package. · A transfer of $78,946 from General fund contingency account to cover the following budget shortfalls: · City Clerk Office ($2,415) - temporary employment costs · City Garage ($11,352) - contractual services for ground contamination · Cemetery ($6,000) - cost associated with the separation of a long time employee · PD Administration ($6,865) - insurance premium for police officers · Engineering ($4,725) - gas and oil · PD Special Operations ($13,000) - overtime · Human Resources ($22,250) - cost associated with the separation of a long time employee and employee testing fees · Code Enforcement ($2,361) - gas and oil · PD School Resource Officers ($9,978) - City did not receive allocation from GREAT grant funding for FY 2005-06 These transfers are necessary to be in compliance with Florida Statute 166.241(2), which states that it is unlawful for any municipal government to expend or contract for expenditures in any fiscal year except in pursuance of budgeted appropriations. 2. Special Revenue Funds All Special Revenue Funds are receiving revenue as planned and recording expenditures as programmed. The fourth quarter budget adjustments include: · $189,438 increase in Local Option Gas Tax Fund appropriation from prior year fund balance to fund the City's share for Blossom Ditch Diversion project. The Council approved the interlocal agreement between the Indian River County and the City on May 17,2006. · $230,000 increase in Stormwater Utility Revenue Fund appropriation from prior year fund balance to fund the additional costs associated with the stormwater mowing contract, which was previously approved by the Council on July 12,2006. There are also line item budget adjustments listed below which do not increase or decrease the amended special revenue funds budget that are included in this amendment package. . Reduce the Stormwater Utility Revenue Fund unappropriated line by $3,619 to fund the financial advisory service related to the Stormwater Utility revenue Bonds, Series 2003. . Reduce the interfund transfer from Recreation Impact Fees Fund to capital project fund by $150,000 due to the change of project scope for Barber Street Sports Complex. This action reduces the funding needs by $150,000 from Recreation Impact Fees. The amount is set-aside in Recreation Impact Fees Fund unappropriated account. . Increase the interfund transfer from Discretionary Sales Tax Revenue Fund to capital project fund by $360,694 for sidewalk program, which was approved by the City Council on June 7, 2006. The funding is from Discretionary Sales Tax Revenue Fund unappropriated line. ~-\ (42-) \ I <---- J ~~ 2 . Increase the interfund transfer from Discretionary Sales Tax Revenue Fund to Airport capital project fund by $228,802 for additional costs associated with the following projects. The funding is from Discretionary Sales Tax Revenue Fund unappropriated line. o $99,122 - Costs for IT/data and phone system for the Airport Administration Building project, which was previously approved by the City Council on April 12, 2006 and May 24, 2006. o $50,000 - Grant matching amount approved by the City Council on June 14,2006 for Access Road and Fuel Tank projects. o $79,680 - Cost overrun for Airport Security Fencing ($13,707), Runway 9-27 Phase I ($10,172), and Rehab on Taxiway A ($55,801). 3. Capital Projects Funds Enclosed with this budget review is a status report of all the capital projects. The fourth quarter budget adjustments include: . Reduce Airport Runway 9-27 Phase I project budget by $67,645 due to the completion of the project. . Reduce Barber Street Sports Complex project by $150,000 due to change in project scope. . Increase transfer from Discretionary Sales Tax revenue Fund by $360,694 to fund the Council approved Sidewalk Program. . Increase transfer from Local option Gas Tax Revenue Fund by $189,438 to fund the Council approved Blossom Ditch Diversion project. . Reduce the Riverview Park Phase ill project by $2,376 due to the close ofFADAP grant. . Increase transfer from Discretionary Sales Tax revenue Fund by $99,122 to fund the IT/data and phone system at the Airport Administration Building. This was previously approved by the City Council. . Increase FDOT grant ($200,000) and transfer from Discretionary Sales Tax revenue Fund (matching fund $50,000) to fund the Council approved Access Road and Fuel Tank projects. . Close out Blossom Ditch drainage project and transfer residual funding ($139,376) to Blossom Ditch Diversion project. There are also several line item transfers within each capital project fund for minor adjustments, which do not increase or decrease the total budget. Line item adjustments include: . Transfer $31,000 from Riverview Park Phase IV project to fund various park project for playground equipment. This was previously approved by the City Council on July 12,2006. . Close out FY 2004 Sidewalk program and transfer residual project funding to FY 2006 Sidewalk program. This was previously approved by the City Council on June 7, 2006. 4. Golf Course Fund For the twelve months of operations, 94.57% of the projected revenues have been collected, while 81.69% of the appropriations have been expended. Staff will continue to monitor revenues stream. There are no recommended adjustments for the fourth quarter. 3 ~\ 5. Airport Fund For the twelve months of operations, 89.69% of the projected revenues have been collected, while 90.68% of the appropriations have been expended. The revenue shortfall is due to the non-payment of lease revenue from one of the airport lessees. Airport staff are currently pursuing the full collection of the lease payment based on the agreed upon contract. There are no recommended adjustments for the fourth quarter. 6. Building Department For the twelve months of operations, 103% of the projected revenues have been collected, while 41.8% of the appropriations have been expended. The low percentage spent on the expense budget is due to the money set aside for the one time transfer from the General Fund for the separation of operation. Building permit revenues remain healthy despite the slow down in the building activity. There are no. recommended adjustments for the fourth quarter. Staff has kept well within the adopted budget in all funds to maintain maximum fiscal flexibility. ANALYSIS OF GENERAL FUND REVENUE Overall revenues supporting general fund activities are being received as planned. A total of $12,290,350 or 96.3% of the $12,767,391 budget was received during the twelve months of the year. The total collections represents actual revenues received for the fiscal year as of October 24, 2006. Due to year-end close out process, staff anticipates additional revenue to be accrued for FY2006. TAXES: Real and Personal Property Tax Collections were 102.2% of budget. The Franchise Fees and Utility Service Taxes collections were 110% of budget. Area population growth has significant impact on this revenue stream. As of October 25,2006, August and September 2005 Water Utility Service Taxes and Electric Franchise Fees have not been received. LICENSES AND PERMITS: Occupational revenues were 112% of the budgeted amount, while Professional Licenses revenues were 83% of the budgeted amount. The lower than expected Professional Licenses revenues is due to the licensing requirement for the contractors. Other permit fees include driveway permits, zoning fees, site plan and plat review fees, which has collected 90.9% of the budgeted revenues. Slow building activities have contributed to this collection rate. INTERGOVERNMENTAL REVENUE: During the twelve months of 2005-2006, the City has received 103.7% of the projected revenue. Recommendation included in the 4th quarter budget amendment represent an increase in State shared revenue in the amount of $117,621 for the State contribution to the police pension plan. GENERAL GOVERNMENT CHARGES FOR SERVICES: During the twelve months the City has received 95.2% of the budgeted revenues in this group. This under than expected collection rate is primarily due to the 50% collection on County Facility Impact Fees administrative charges and the 28% collection on the tennis facility fees. FINES AND FORFEITURES: During the twelve months ended September 30, 2006, 87.5% of revenue had been collected. The shortfall offines and forfeitures revenue category is mainly due to the implementation of Article V, which has shifted the fine revenues from cities and counties to fund the court system. @ 4 MISCELLANEOUS REVENUES: During the twelve months ended September 30, 2006, the City has received 228% of miscellaneous revenues. This is mainly due to higher than expected interest revenues. OTHER REVENUE SOURCES: Other revenue is being received as planned. Recommendation included in the 4th quarter budget amendment represent an increase in transfer from Stormwater Utility Revenue Fund to General Fund in the amount of $230,000 for the stormwater mowing contract, which was approved by the Council on July 12, 2006. The following changes are a summary of the analysis above and are the net recommended changes to the revenue accounts: Taxes $ 7,131,374 $ - $ 7,131,374 Licenses and Permits 243,280 243,280 Inter ovemmental 2,523,322 117,621 2,640,943 Char es for Services 481,669 481,669 Fines and Forfeits 71,625 71,625 Miscellaneous Revenues 227,751 227,751 Interfund Transfers 708,281 230,000 938,281 Non-Revenue Sources 1,380,089 1,380,089 NET RECOMMENDED CHANGE TO THE GENERAL FUND REVENUES IS $347,621. 5 @) ANALYSIS OF GENERAL FUND EXPENDITURES Most departmental percentages were at or below the 100% level anticipated for the twelve months ended September 30, 2006. There are several budget adjustments in the General Fund which are explained below: EXPENDITURES: PERSONAL SERVICES OPERATING EXPENDITURES CAPITAL OUTLAY $ 252,243 $ 69,318 11,574 - $ 2,415 252,243 71,733 11,574 Operating Expenditures - Increase of $2,415 results from temporary employment costs. The funding source is from General Fund contingency. PERSONAL SERVICES OPERATING EXPENDITURES CAPITAL OUTLAY $ 191,706 $ 25,820 17,250 $ 5,000 208,956 30,820 Personal Services - Increase of $17,250 results from the separation of a longtime employee. The funding source is from General Fund contingency. Operating Expenditures - Increase of $5,000 results from the costs associated with employee testing. The funding source is from General Fund contingency. PERSONAL SERVICES OPERATING EXPENDITURES CAPITAL OUTLAY $ 179,745 $ 26,413 117,621 $ 17,665 297,366 44,078 Personal Services - Increase of $117,621 reflects the pass through annual State contribution for police pension. The amount has been transferred to the pension trust company. Operating Expenditures - Net increase of $17,665 results from the following: @J 6 . Increase of $10,800 results from the reallocation of janitorial service expenditure from Building Maintenance Division. . Increase of $6,865 results from the accidental death insurance policy premium for police officers. The funding source is from General Fund contingency. PERSONALSERVlCES OPERATING EXPENDITURES CAPITAL OUTLAY OTHER $ 256,590 $ 47,167 63,812 13,000 $ 269,590 47,167 63,812 o Personal Services - Increase of $13,000 represents the amount needed to cover Police Special Operations overtime. The funding source is from General Fund contingency. PERSONALSERVlCES OPERATING EXPENDITURES CAPITAL OUTLAY $ 127,851 $ 12,174 35,500 - $ 9,978 127,851 22,152 35,500 Operating Expenditures - Increase of $9,978 to cover GREAT expenditures. The City did not receive allocation from GREAT grant funding for FY 2005-06. The funding source is from General Fund contingency. PERSONAL SERVlCES OPERATING EXPENDITURES CAPITAL OUTLAY $ 136,287 $ 14,815 6,000 - $ 2,361 136,287 17,176 6,000 Operating Expenditures - Increase of $2,361 to cover budget shortfall on gas and oil. The funding source is from General Fund contingency. 7 @ PERSONAL SERVICES OPERATING EXPENDITURES CAPITAL OUTLAY $ 428,349 $ 39,734 7,403 - $ 7,125 428,349 46,859 7,403 Operating Expenditures - Net increase of $7,125 Increase results from the results from the following: · Increase of $2,400 due to the reallocation of janitorial expenditure from Building Maintenance Division. · Increase of $4,725 results from budget shortfall on gas and oil. The funding source is from General Fund contingency. PERSONAL SERVICES OPERATING EXPENDITURES CAPITAL OUTLAY $ 586,888 $ 928,459 60,000 - $ 586,888 230,000 1,158,459 60,000 Operating Expenditures - Increase of $230,000 results from the additional transfer from Stormwater Utility Revenue Fund to fund the additional costs associated with the stormwater mowing contract. This was approved by the City Council on July 12, 2006. PERSONAL SERVICES OPERATING EXPENDITURES CAPITAL OUTLAY $ 168,873 $ 25,386 7,200 1,100 $ 13,852 169,973 39,238 7,200 Personal Services - Increase of $1,100 results from budget shortfall on overtime charges. The funding source is from General Fund contingency. Operating Expenditures - Net increase of $13,852 results from the following: · Increase of $3,600 due to the reallocation of janitorial expenditure from Building Maintenance Division. . Increase of $10,252 results from additional costs associated with the ground contamination study. The funding source is from General Fund contingency. ('~-:\ \!iV 8 PERSONAL SERVICES OPERATING EXPENDITURES CAPITAL OUTLAY $ 113,731 $ 29,565 9,000 6,000 $ 1,811 119,731 31,376 9,000 Personal Services - Increase of $6,000 results from the retirement of a longtime employee. The funding source is from General Fund contingency. Operating Expenditures - Increase of $1,811 results from the reallocation of janitorial expenditure from Building Maintenance Division. OPERATING EXPENDITURES INTERFUND TRANSFERS CONTINGENCY $ 686,562 $ 1,139,289 127,963 - $ 686,562 1,139,289 (78,946) 49,017 Contingency - Decrease of $78,946 to cover the following budget shortfalls: . City Clerk Office ($2,415) - temporary employment costs . City Garage ($11,352) - contractual services for ground contamination . Cemetery ($6,000) - cost associated with the separation of a long time employee . PD Administration ($6,865) - insurance premium for police officers . Engineering ($4,725) - gas and oil . PD Special Operations ($13,000) - overtime . Human Resources ($22,250) - cost associated with the separation of a long time employee and employee testing fees . Code Enforcement ($2,361) - gas and oil . PD School Resource Officers ($9,978) - City did not receive allocation from GREAT grant funding for FY 2005-06 NET RECOMMENDED CHANGE TO THE GENERAL FUND EXPENDITURES IS $347,621. 9 /~ ~ Following is a summary of the General Fund Departments and Divisions explained above: 001 GENERAL FUND GENERAL FUND REVENUES $ 12,767,391 $ 347,621 $ 13,115,012 $ 347,621 AMENDED RECOMMENDED REVISED GENERAL FUND DEPARTMENT/DMSION BUDGET CHANGES BUDGET INCREASE (DECREASE) General Fund Operating Expenditures and Capital Outlay by DepartmenUDivision: Legislative $ 41,244 $ - $ 41,244 $ City Manager 238,145 238,145 City Clerk 333,135 2,415 335,550 2,415 Legal 189,906 189,906 Finance 426,647 426,647 M.I.S. Division 199,417 199,417 Human Resources 217,526 22,250 239,776 22,250 Police Department: Administrative Division 206,158 135,286 341,444 135,286 Special Operations 367,569 13,000 380,569 13,000 School Resource Unit 175,525 9,978 185,503 9,978 Patrol Division 1,859,425 1,859,425 Community Policing Unit 140,017 140,017 Code Enforcement 157,102 2,361 159,463 2,361 Professional Standards 112,521 112,521 Detective Division 494,510 494,510 Support Services Division 293,393 293,393 Communications Division 409,027 409,027 Engineering 475,486 7,125 482,611 7,125 Public Works: Roads & Maintenance 952,271 2,400 954,671 2,400 Stormwater Utility 1,575,347 230,000 1,805,347 230,000 Parks & Recreation 1,048,464 16,849 1,065,313 16,849 Building Maintenance 267,091 (37,860) 229,231 (37,860) Central Garage 201,459 14,952 216,411 14,952 Cemetery 152,296 7,811 160,107 7,811 Growth Management 279,896 279,896 Non-departmental 1,953,814 (78,946) 1,874,868 (78,946) Total Operating Expenditures and Capital Outlay by DepartmenUDivision: $ 12,767,391 $ 347,621 $ 13,115,012 $ 347,621 @ 10 ANALYSIS OF LOCAL OPTION GAS TAX FUND Revenues: Local 0 tion Gas Tax Inter ovemmental Other Revenue Non-Revenue Sources 12,000 189,438 12,000 189,438 Non-Revenue Sources - $189,438 increase in Local Option Gas Tax Fund appropriation from prior year fund balance to fund the City's share for Blossom Ditch Diversion project. The Council approved the interlocal agreement between the Indian River County and the City on May 17, 2006. Expenditures: OPERATING EXPENDITURES DEBT SERVICE INTERFUND TRANSFERS UNAPPROPRIATED $ 196,429 $ 300,000 300,000 - $ 196,429 300,000 489,438 189,438 Interfund Transfers - $189,438 increase in transfer to capital project fund to fund the City's share for Blossom Ditch Diversion project. The Council approved the interlocal agreement between the Indian River County and the City on May 17,2006. 11 /-------'\ lV ANALYSIS OF DISCRETIONARY SALES TAX REVENUE FUND Expenditures: CAPITAL OUTLAY INTERFUND TRANSFERS UNAPPROPRIATED $ - $ 1,773,901 758,059 - $ 589,496 (589,496) 2,363,397 168,563 Interfund Transfers - Increase of $589,496 represents the following purposes: · $360,694 to fund the Council approved Sidewalk Program. · $99,122 to fund the IT/data and phone system at the Airport Administration Building. This was previously approved by the City Council. · $50,000 to fund the grant matching requirement for the Council approved Access Road and Fuel Tank projects · $79,680 to fund the cost overrun for Airport Security Fencing ($13,707), Runway 9-27 Phase I ($10,172), and Rehab on Taxiway A ($55,801). Unappropriated - Decrease of $589,496 to cover the increase in interfund transfers. ANALYSIS OF STORMW A TER UTILITY REVENUE FUND SPECIAL REVENUE FUND Revenues: Other Revenue - Increase of $230,000 represents an increase in appropriation from prior year fund balance to fund the additional funding needed for stormwater mowing contract, which was approved on July 12, 2006. @ 12 Expenditures: OPERATING EXPENDITURES INTERFUND TRANSFERS UNAPPROPRIATED $ 3,500 $ 846,599 3,619 3,619 $ 230,000 (3,619) 7,119 1,076,599 Operating Expenditures - Increase of $3,619 for financial advisory service related to the Stormwater Utility revenue Bonds, Series 2003. 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'" U '0 o o N CITY OF SEBASTIAN SCHEDULE OF INVESTMENTS September 30, 2006 STATE BOARD OF ADMINISTRATION CALENDAR YEAR TO DATE RATE OF RETURN 5.39% INVESTMENT ALLOCATION PERCENT CURRENT BALANCE General Fund Local Option Gas Tax Fund Discretionary Sales Tax Fund Riverfront Redevelopment Fund Recreation Impact Fee Fund Stormwater Utility Fund Law Enforcement Forfeiture Fund Discretionary Sales Tax, Series 2003 and 2003A Debt Service Fund Stormwater Series 2003 Debt Service Fund Capital Projects Fund Capital Improvements Fund Transportation Fund Public Facility Fund Stormwater Projects Fund Golf Course Fund Airport Fund Building Department Fund Cemetery Trust Fund 28.94% 0.07% 6.68% 3.91% 7.26% 0.64% 0.32% 2,046,434.54 4,768.88 472,755.66 276,726.89 513,110.99 45,024.09 22,626.70 0.41% 0.29% 3.12% 4.56% 16.56% 2.34% 0.34% 9.20% 5.57% 8.26% 1.54% 28,963.64 20,293.21 220,917.47 322,294.22 1,171,288.73 165,368.68 24,170.90 650,332.36 394,131.83 584,365.56 108,702.79 Sub-Total 100% 7,072,277.14 Discretionary Sales Tax Revenue Bonds, Series 2003A Bond Proceeds 100% 418,851.67 Stormwater Utility Bond Reserve 100% 574,560.91 TOTAL INVESTMENTS HELD WITH THE STA TE BOARD OF ADMINISTRATION 8,065,689.72 4th Quarter Schedule of Investments 10/23/2006 (8 ASSET NAME Federal Home Loan Bank Bonds - Callable 2 Federal Farm Credit Bank Bonds - Callable 3 Federal National Mortgage Association Notes 4 Federal National Mortgage Association Notes 5 Federal Farm Credit Bank Bonds 6 Federal Home Loan Bank Bonds 7 Federal Home Loan Mortgage Corporation 8 Federal Home Loan Mortgage Corporation 9 Federal National Mortgage Association 10 Federal Home Loan Bank 11 Federal Home Loan Bank 12 Federal Home Loan Bank TOTAL INVESTMENT ALLOCATION 001 General Fund 120 Local Option Gas Tax Fund 130 Discretionary Sales Tax Fund 140 Riverfront Redevelopment Fund 160 Recreation Impact Fee Fund 163 Stormwater Utility Fund 310 Capital Projects Fund 320 Capital Improvements Fund 330 Transportation Fund 363 Stormwater Projects Fund 480 Building Department Fund 601 Cemetery Trust Fund TOTAL @ 4th Quarter Schedule of Investments 10/23/2006 CITY OF SEBASTIAN SCHEDULE OF INVESTMENTS September 30, 2006 CUSTODIAL ACCOUNT COUPON/ DATE OF PURCHASE MATURITY CUSIP YIELD PURCHASE PRICE DATE NUMBER 3.100% 05/14/03 1,000,937.50 05/14/07 3133MYME4 3.000% OS/28/03 1,000,000.00 OS/28/08 31331QN45 4.300% 06/05/05 1,500,000.00 05/05/08 31359MB93 4.125% 09/06/05 1,000,410.00 01/26/07 31359MYHO 5.000% 1lI28/05 1,000,000.00 11/28/07 31331 VH.X7 2.620% 12129/05 984,210.00 10/16/06 3133X8NZ1 4.750% 12129/05 999,609.00 03/28/07 3 1 28X4XGl 5.05% 01/31/06 999,375.00 12108/08 3128X4VG3 4.90% 01/31/06 999,843.75 1lI28/07 31359MZK2 5.75% 08/28/06 500,000.00 08/28/09 3133XGN91 5.50% 08/23/06 500,000.00 02123/09 3133XGP32 4.50% 08/21/06 496,640.63 02111/09 3133XAGQ4 10,981,025.88 TOTAL CUSTODIAL INVESTMENTS 4,353,860.60 160,728.75 1,169,585.72 388,579.65 732,357.83 932,307.99 64,713.90 911,903.04 749,060.99 58,545.60 925,130.92 534,250.89 10,981,025.88 CITY OF SEBASTIAN SCHEDULE OF INVESTMENTS September 30, 2006 GUARANTEED INVESTMENT CONTRACT CITIGROUP FINANCIAL PRODUCTS, INC. PURCHASE ISSUE DATE INITIAL DEPOSIT Stormwater Utility Revenue Bonds, Series 2003 11/19/03 5,946,000.00 TOTAL 5,946,000.00 4th Quarter Schedule of Investments 10/2312006 BALANCE REMAINING 4,894,344.17 4,894,344.17 MATURITY RATE DATE 2.040% 12/15/06 @cC\ ~ ) / ~ < HOME OF PWCAN ISlAND Memorandum To: Thru: From: Date: Re: Mayor and City Council Al Minner, City Manager Shai Francis, Director of Finance October 27, 2006 4th Quarter Accomplishments and Operating Statement Fiscal Year 2006 Enclosed please fmd the 4th Quarter Accomplishments and Operating Statement for the City of Sebastian as assembled and prepared by the Finance Department for the three months ended September 30th, 2006. CLERK Legislative Support Matters · Prepared agenda packets, attended and recorded: · 6 Regular City Council meetings (20.25 hrs) · 4 Special City Council Meetings (10.25 hrs) · 1 City Council Workshop (3.5 hrs) · 2 ordinances adopted, 11 passed on fIrst reading · 9 resolutions adopted · Created 1 proclamation for presentation by Mayor · Distributed 1 code of ordinances supplements to Council, staff and parties on mailing list · Recorded 0 fInal plats, deeds, and annexations · Placed 7 Council agenda display ads in the Press J oumal · Placed 3 legal notices in Press J oumal · Coordinated Council travel reimbursements for Florida League of Cities conference in August Records Management Program · 100 public records requests · 17 boxes of records that reached retention & 18 bags of duplicate and OSA records destroyed by Shred-It 10 trees saved · Scanned into Laser fiche 30 sets of minutes, 16 agenda packets, 9 Resolutions, 2 Ordinances, 11 Agreements, and 11 Cemetery fIles ......_~ (J!IJ 1 · 306 Building Permit Folders & Plans scanned by the Building Dept. that were imported reviewed and verified City Board Matters . Filled 8 board vacancies · City Clerk attended and recorded 2 Charter Review Committee meetings (1.5 hrs) . City Clerk and Deputy Clerk attended and recorded 2 Board of Adjustment meeting - (1.75 hrs) · City Clerk and Deputy Clerk attended and recorded four 3 Community Redevelopment Agency meetings (3 hrs) · Deputy City Clerk attended and recorded 2 Environmental Advisory Committee meetings (5.5 hrs) . Records Program Manager attended and recorded 3 Tree Advisory Board meetings (3 hrs) · Prepared 2 certificates of appreciation for Mayor presentation Cemetery Matters · Certificates of Interment Rights for 21 locations administered and issued for a total of $15,475.00 FINANCE · Implemented the American Express Corporate Card program. The program provides incentives such as gift cards from Home Depot and staples. . Completed the preliminary Risk Management Policy. · Successfully organized and coordinated the countywide auction held in September 2006, in conjunction with Indian River County. · Completed the Property/general liability insurance request for proposal and facilitated the selection of insurance carrier. · Assisted the City Manager in the preparation of proposed budget to City Council and the adoption of the FY 2006-07 annual budget. . Successfully completed the FEMA and State hurricane Frances and Jeanne audit with no audit findings. MIS · Upgraded the Building Department to the latest version of the New IMS system . MIS deployed the mobile laptops for the Building Inspectors. · Added a web-based interface that allows contractors to schedule permit requests online. . The City of Sebastian is in compliance with all FBI and FDLE regulations. . MIS continues to supply secure transmission of data across the Public Internet. . Maintained all communications and equipment. . Configured the Bank of America server for Credit Card program. . Has made enhancements to the new City of Sebastian website. · Configured the City Web server to email forms from The Sebastian business eliminating the need for outsourcing. . Installed a laser fiche web site for document retrieval. · Installed a Building Department website for online permits. . Installed new Barracuda spam firewall, which has processed 1,050,181 emails. Human Resources . Recruited, interviewed, and hired an Airport Director. · Recruited, interviewed, and hired (4) Maintenance Workers; (1) Communications Technician; (1) Account Clerk and (1) Accountant I. 2 l~ · Finalized RFP and executed contracts for Group Health, Dental, Vision, Life, Long-Term Disability, and Workers' Compensation. · Implemented the lCMA Health Retirement Account. · Hosted Benefits Fairs to educate employees about Plan changes. · Completed open enrollment for (134) employees · Continued the Employee Recognition Program through the employee of the quarter program. · Completed FDOT random drug testing for the fourth quarter. · Successfully completed audit of personnel files by Harris & Cotherman. · Executed contract with E & D Contracting Services, for the renovation and rehabilitation of the Old Sebastian Elementary School. POLICE DEPARTMENT Administration · Continued to pursue acquisition of an E 911 Dispatch System by requesting funding and approval for acquisition from the County Commission. We will be back before the Commission in November or December 2006. · Provided for agency participation in traffic safety programs, "Dill Enforcement Wolf Pack" and "Click it or Ticket". · Provided for the command staff to gain experience in budgeting, budget administration, special events planning, disciplinary matters and reviewing operations of other police agencies. · Attended terrorist identification seminars and Florida accreditation meetings with members of the command staff. · Developed radio spots for crime prevention. School Resource Officers Workload measures: · 2 DARE skates · 1 DARE bowls · 2 school reports written · 41 student/parent conferences · 48 mediations conducted · 81 counseling's · 50 school meetings attended · 45c1assroom programs were conducted · 6 RAn Kids safety classes Community Policinl! Workload measures: · Accomplishments this rating period were 14 community contact/meetings. · 216 citizen contacts were made. · 28 business contacts/meetings. · The R.D.O.K. program was instituted and advertised to begin operation in October. · 196 officer initiated community relation/public relation contacts were made. · Conducted 2 background checks for applicants and had 55 hrs of recruitment/ background. · Several Public Safety TV and radio ads were completed and aired. · National Night was held at Riverview Park and had a large attendance. @ ~ 3 Community Volunteer Unit . The Community Service Volunteers worked 1,467.5 h The Community Service Volunteers worked a total of 1560 hours during this quarter. . 80 bank runs . 1 citation for. a parking violation and 2 warnings . 6 traffic control details . 645 house watches were completed . 67 vehicle transports . 45 bank runs . 141 business checks . 113 special details . Assisted on 13 traffic crash scenes . 205 miscellaneous runs ie: State Attorney's office, Sheriffs, etc. . Brought on two new volunteers. Alarm Assessments . Training Unit Received $1,249.00 in fines. . Received $300.00 in alarm permits. Investie:ations Workload measures . 68 cases were assigned, with 38 being cleared. . 3 felony arrests made. . 112 reports/supplements were completed. . 5 warrants were obtained. Records Division . Incident Reports processed, dispersed to proper agencies and entered into IMC................. 380 . Arrest Reports (Juveniles). . .. . . . . . . . .. . .. . .. . .. . .. . .. . .. . .. . .. . . .. . . . . . . .. . . . . . . .. . . . . . . . . .. . .. . . . . .. . .. .. 16 . Arrest Reports (Adults).............. ........... ................ ........................................... 155 . Accident Reports processed, dispersed and entered into IMC..... ....................... ..............64 . Traffic Citations processed and entered into IMC ....................................................... 805 . Parking Citations processed, followed up and entered into IMC ............................... 85 . Warning Citations processed, followed up and entered into IMC ........ .......................... .1,177 . Subpoenas signed for processed and distributed......................................................... 374 . Fingerprinting service. . .. . .. . .. . .. . . . . .. .. . .. . . .. . .. .. . . .. . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . .. . . . . .. . .. . . . . .. 5 Communications Division . One (1) set of dispatch interviews done. . One (1) dispatcher released from probation. . 10,373 calls entered into C.A.D. . Training attended: (1) FDLE Regional cns Conference Boat Officer Workload measures: . Citations - 35c. Warnings -17 . Incident reports - 5 4 @) · Arrests - 3 K-9 Officers Workload measures: · Citations - 25 · Warnings -133 · Incident reports - 3 · Arrests - 10 Special Operations Workload measures: · Citations - 188 · Warnings - 68 · Incident reports - 6 · Arrests - 10 ENGINEERING General · Handled numerous meetings and review discussions related to design and permitting of the City's Stormwater capital improvement program. · Assisted on a daily basis in resolution of numerous drainage and signage inquiries and complaints from residents. · Worked closely with City Manager, City Attorney, and City Staff regarding various organizational, procedural, and substantive matters - particularly having to do with stormwater, traffic, street/roads, and capital projects. · Assisted internal staff on a daily basis in the clarification and resolution of numerous contractor drainage permit matters. · Reviewed and coordinated numerous permitting and site plan review items with Building Department and Growth Management. · Reviewed for approval numerous FEMA / FIRM flood map revisions (in conjunction with Growth Management). · Continued performing troubleshooting and planning for interrelated drainage, paving, and sidewalk matters. · Continued development and improvement of Sign Shop operations and procedures including design, procurement, and installation of various traffic signage items. · Reviewed and assisted in the implementation of paving program. · Reviewed capital improvement projects. · Continued development and organization of Engineering Assistant / Intern program · Continued development of public education program regarding stormwater and streets / roads / traffic matters. · Continued development work, including various key contacts and meetings, regarding program for higher education offerings in Sebastian area. · Continued development of renewable energy applications to benefit City operations. · Provided comments / feedback regarding hurricane emergency management items. · Handled numerous meetings and review discussions related to design and permitting of the City's Stormwater Utility capital improvement program. · Made extensive preparations for relocation of offices. r;) ,'\ ~ 5 Field Investieations . Responded to 125 drainage complaints. . Handled 8 new pool construction inspections. . Handled 484 new home construction inspections. . Handled 45 new home drainage permits. . Set elevation for 6 side yard pipes. . Set elevation and grade for 7 road crossing pipes. . Coordinate with Mosby Moia Bowles & Associates, Inc., on Sebastian River Landings. . Coordinate with Schulke, Bittle & Stoddard LLC, on the Gables. Traffic Division Stop signs- 138 Street signs- 35 Do not enter 2 Crosswalks I Decals 10 Speed signs 29 Handicap-8 No parking- 18 Specialty-15 Warning signs- 2 Temp signs-lO No trucks 5 No trespassing 2 Object Markers 24 Total 299 Fabricated 160 Total signs 459 Pavement Marking 4000 ft RPM's Traffic Studies - 14 Arrow - 1 PUBLIC WORKS DEPARTMENT Roads and Maintenance . Our Roads and Maintenance Division accomplished the following for the fourth quarter of this fiscal year. . Paved Road Crossings on Haverford, Rolling Hill, Two on Lanfair, George Street, Joyhaven, Bevan and Gulfstream. . Put fence around the Splash Pad. . Built and installed pavilions at the Splash Pad and formed concrete slabs around them . Installed bench at Easy Street Park. . Built pavilions at Easy Street Park and formed concrete slabs around them. . Transported the Engineering department out on the boat for projects twice. . Trimmed trees at Riverview, Good Guys and Cavcor properties. . Repaired the lights on Indian River Drive. . Cleaned up the fill pile. . Put security gates at the fill pile. . Installed bricks at the clock. 6 0--0'\ ~/ Stormwater Division · Installed eight blocks of % round pipe along with driveway replacements. · Completed 10,000 LF of ditch mowing and excavating. · Replaced 10 road crossings. · Installed 20 head walls and basins. · Completed 3 side yard pipe installations. · Approximately 10,000 LF of long arm mower cut back occurred in the right of ways. · Cleaned out 6 blocks and 20 road crossings with the vacuum truck. Parks and Recreation Division · The Parks Division sent out and awarded bids for new Playgrounds at Easy Street, Bryant Court and Blossom Drive Parks. · Installed fence and landscaping around Splash Pad. · Host the Splash Pad grand opening. · Trimmed palm trees at Riverview Park · Continued regular maintenance (mowing, weed eating, edging and blowing) on all City properties. · Maintained the programs at the Community Center, tennis courts and skate park. Cemetery Division · The Cemetery Division continued regular routine maintenance of mowing, weed eating and edging. · Fertilized and applied weed killer, made necessary irrigation repairs. · Installed all necessary memorial plaques Central Garaee Division · The City Garage performance indicators are on target with yearly goals and we have managed to improve both. · With new air conditioning machine, we have saved the City money by not having to outsource repairs on vehicles air conditioning units. · ContiilUed to work with other operating departments to identify their vehicle and equipment needs. · Continued employee education and training and certification program. · Continued maintaining the fuel facility in accordance with E.P.A. requirements and assuring fuel is always available to our fleet. · Continued the shop equipment modernization program to increase the level and quality of service. · Maintaining a relatively low backlog on vehicle's and equipment, except those repairs that have to be outsourced and depend on the availability of funds each department has. · Successfully completed the reorganization of parts room and the annual inventory audit. GROWTH MANAGEMENT . During the fourth quarter, the Code Enforcement Division was incorporated into the Growth Management Department. Three officers and a part-time secretary were moved from the Police building to the city hall offices A 24-hour Code Enforcement Hotline was established, and code enforcement activities can now be better coordinated to assist with construction and land development violations. 654 case files were opened. Facilitated the City's re-certification into the ISO's Community Rating System program, which allows city residents to receive a discounted rate on FEMA required flood insurance . . . . t;.. {;'; l~.~ . 7 The following daily work was also completed: . Site Plan Hearings - 2 · Site Plan Inspections - 48 . Site Plan Appeals - 1 . Conditional Use Permits - 2 · Home Occupational License reviews - 55 . Model Home permits - 6 · Sign Applications (zoning clearance review) - 11 . Temporary Sign Permits - 9 · Temporary Use Permits - 4 . Address Assignmc:mts - 7 · Address Corrections - 6 . Release of Unity of Title - 1 · Variance Requests - 3 . Overlay District Waiver Requests - 2 . Division of a Single Lot - 3 · Occupational Licenses: . New-74 · Renewals - 898 . Transfers ~ 13 · Zoning Interpretations - 210 · Zoning ConfIrmation letters - 15 . Field Inspections - 29 · Flood Zone Determinations - 22 . Code Enforcement Assists/Code Determinations - 35 . LOMR Applications - FEMA - 8 Code Enforcement Workload measures: · 370 written warnings issued. . 221 cases closed. . 188 re-inspections. · 117 citizens assist. . 2 liens fIled. · 83 notice of violations issued. · 15 twenty-four hour tags issued. · 125 signs removed. . 15 tree inspections. MUNICIPAL GOLF COURSE Total revenue for 4th Quarter: $233,003, an increase of $24,599 over Fiscal 04-05 4th Quarter. . Total Golf Shop Sales for 4th Quarter: $20,087. · Driving Range Revenue for 4th Quarter: $8,202, an increase of $768 over Fiscal 04-05 4th Quarter. . Discount Card sales for 4th Quarter: $0. (Never any discount card sales in 4th quarter, as discount cards are renewed in conjunction with beginning of new fIscal year.) . Cart Fees for 4th Quarter: $139,390, an increase of $23,991 over Fiscal 04-05 4th Quarter. 8 ~-~ ~. · Golf rounds played for 4th Quarter: 11,705, an increase of 1,122 over Fiscal 04-05 4th Quarter. · Green Fees for 4th Quarter: $56,883, an increase of $4,028 over Fiscal 04-05 4th Quarter. · Club Rental & Club Storage revenue for 4th Quarter: $404, an increase of $36 over Fiscal 04- 05 4th Quarter. · Computerized Golf Handicap Tracking Fees for 4th Quarter: $18, an increase of $18 over Fiscal 04-05 4th Quarter. · Rents & Royalties for 4th Quarter: $6,680. · Professional golf lessons for 4th Quarter: $780. · Annual Membership/Initiation fees for 4th Quarter: $0. · Charity and Corporate Golf Tournaments for the 4th Quarter included Calvary Christian Church Children's Foundation (120 players), Easter Seals of Florida (80 players), Vero Beach High School Cheerleaders Benefit (128 players), Sebastian VFW (116 players), Sebastian Italian-American Club (110 players), Ladies Twin County Golf Association (48 players) and Breast Cancer Awareness Benefit (110 players). · Charity and Corporate Golf Tournaments scheduled for 1st Quarter (06-07) include Central Baptist Church of Melbourne, SRB Element of Kennedy Space Center Golf League, St. Sebastian Church, Harris Corporation, Sebastian Elks, Sebastian River Middle School Band, Sebastian Rotary and Northrop-Grumman Golf League. · All weekly leagues (Monday League, Sebastian Men's & Women's Associations, Couples League, Business League and weekend Leagues) continue to offer a steady source of golf rounds and revenue. · 2006 Sebastian Open, the premier golf tournament for Sebastian Municipal Golf Club, scheduled for November 18th & 19th. Expected field to include 144 players. · New ice and water station constructed on north side of golf cart bam complete with new ice dispenser (a requirement of State Board of Health). MUNICIPAL AIRPORT · FAA Grant Close Out of the Rehabilitation of Runway 9/27; and Construction of Taxiway "B" Project. · Hired a new Airport Director. · Substantial completion of Airport Administration Building, Dedication Ceremony scheduled for 10/27/06. · Successfully moved the public works department and the airport operations at to the new facility. · Continued efforts to complete Airport Business Plan. · Planning with consultants for funded projects. · Substantial completion of security upgrades. · Council approved aircraft self-fueling project initiated. BUILDING DEPARTMENT · The Building Department accomplishment for the Fourth Quarter shows building permit activity has continued to slow down from the previous quarter. Permitting for the month of July had 33 new single- family residences. In the month of August new single-family residence permits fell to 15 and in September the new single-family residence permits were at 18 for the month. New single-family home production builders are continuing to reduce their inventory of new homes. New single-family home production has declined by 42% since the first quarter. · Total building permits issued for the quarter include 384 for the month of July, 384 for the month of August and 279 for the month of September. Over all permitting activity has declined a minimal amount @) 9 since the third quarter, however; the slow down in permitting activity is now effecting the inspection requests, compared to the third quarter. · The total inspections for the quarter included 1630 for the month of July, 1521 for the month of August and 1303 for the month of September. The Building Department's newest inspector has completed his training and has attained his provisional inspector license from the State. He will now be attending classes and studying to take the required exams for State licensure. The last Building Inspector position remains vacant at this time until an increase in permitting activity warrants an additional inspector · The Building Department has recently completed the installation of the "On-Line Permits" link to the Building Department portion of the City's website. This has proven to be a valuable tool enabling customers the ability to search property records, permit records and plan review comments. Contractors registered with the City who request a password, are able to request or cancel a requested inspection on- line, which greatly reduces the amount of phone calls the department handles each day. · Contractor licensing has been active with annual licensing renewals and several cases have been brought to the Construction Board for disciplinary action against contractors. · The Building Department continues to archive completed building permits and licensing documents into the laser fiche program for safe record keeping. 10 @) Description TAXES LICENSES & PERMITS INTERGVT'L REVENUES CHARGES FORSERVICES FINES AND FORFEITS MISC. REVENUES OTHER REVENUE SOURCES TOTAL REVENUES Description PERSONAL SERVICES OPERATING EXPENDITURES CAPITAL OUTLAY TOTAL LEGISLATIVE EXPENDITURES Description PERSONAL SERVICES OPERATING EXPENDITURES CAPITAL OUTLAY TOTAL CITY MANAGER EXPENDITURES Description PERSONAL SERVICES OPERATING EXPENDITURES CAPITAL OUTLAY TOTAL CITY CLERK EXPENDITURES Description PERSONAL SERVICES OPERATING EXPENDITURES CAPITAL OUTLAY TOTAL LEGAL EXPENDITURES @ 4th Quarter Operating Statement CITY OF SEBASTIAN, FLORIDA SCHEDULE OF ACTUAL TO BUDGET SEPTEMBER 30, 2006 GENERAL FUND REVENUES Quarter Year Current Revised % Th..Qlli ~ Encumbrance Bude:et Collected 1,208,778 7,498,923 N/A 7,131,374 105.2% 39,114 244,370 N/A 243,280 100.4% 897,833 2,617,775 N/A 2,523,322 103.7% 103,241 458,660 N/A 481,669 95.2% 17,054 62,647 N/A 71,625 87.5% 120,434 519,951 N/A 227,751 228.3% 584,814 888,024 N/A 2,088,370 42.5% 2,971,268 12,290,350 N/A 12,767,391 96.26% GENERAL FUND EXPENDITURES CITY COUNCIL Quarter Year Current Revised % Th..Qlli ~ Encumbrance Bude:et Spent 5,386 21,590 0 21,398 100.9% 4,273 13,518 0 19,846 68.1% 0 0 0 0 0.0% 9,659 35,108 0 41,244 85.12% CITY MANAGER Quarter Year Current Revised % To Date To Date Encumbrance Bude:et Spent 57,204 206,658 0 224,738 92.0% 1,408 6,523 0 13,407 48.7% 0 0 0 0 0.0% 58,612 213,181 0 238,145 89.52% CITY CLERK Quarter Year Current Revised % Th..Qlli ~ Encumbrance Bude:et Spent 69,090 249,785 0 252,243 99.0% 12,553 72,333 0 69,318 104.3% 0 11,574 0 11,574 100.0% 81,643 333,692 0 333,135 100.17% LEGAL Quarter Year Current Revised % Th..Qlli ~ Encumbrance Bude:et Spent 50,242 181,434 0 181,206 100.1 % 1,622 6,054 0 8,700 69.6% 0 0 0 0 0.0% 51,864 187,488 0 189,906 98.73% CITY OF SEBASTIAN, FLORIDA SCHEDULE OF ACTUAL TO BUDGET SEPTEMBER 30, 2006 FINANCE Quarter Year Current Revised % Description To Date To Date Encumbrance Budget Spent PERSONAL SERVICES 63,469 298,715 0 355,779 84.0% OPERATING EXPENDITURES 5,813 66,108 0 70,868 93.3% CAPITAL OUTLAY 0 0 0 0 0.0% TOTAL FINANCE EXPENDITURES 69,282 364,823 0 426,647 85.51 % MANAGEMENT INFORMATION SYSTEM Quarter Year Current Revised % Description To Date To Date Encumbrance Budget Spent PERSONAL SERVICES 36,320 135,933 0 170,378 79.8% OPERATING EXPENDITURES 2,395 9,867 0 23,540 41.9% CAPITAL OUTLAY 4,484 13,381 5,841 5,499 349.6% TOTAL MIS EXPENDITURES 43,199 159,181 5,841 199,417 82.75% IruMAN RESOURCES Quarter Year Current Revised % Description To Date To Date Encumbrance Budget Spent PERSONAL SERVICES 68,911 209,140. 0 191,706 109.1 % OPERATING EXPENDITURES 8,081 27,303 0 25,820 105.7% CAPITAL OUTLAY 0 0 0 0 0.0% TOTAL HR EXPENDITURES 76,992 236,443 0 . 217,526 108.70% POLICE SPECIAL OPERATIONS Quarter Year Current Revised % Description To Date To Date Encumbrance Budget Spent PERSONAL SERVICES 69,211 278,361 0 256,590 108.5% OPERATING EXPENDITURES 10,669 45,176 0 47,167 95.8% CAPITAL OUTLAY 875 28,616 26,916 63,812 87.0% TOTAL POUCE SPEC OP EXPENDITURES 80,755 352,153 26,916 367,569 103.13% POLICE ADMINISTRATION Quarter Year Current Revised % Description To Date To Date Encumbrance Budget Spent PERSONAL SERVICES 166,707 299,186 0 179,745 166.5% OPERATING EXPENDITURES 21,440 33,469 4,628 26,413 144.2% CAPITAL OUTLAY 0 0 0 0 0.0% TOTAL POUCE ADMIN EXPENDITURES 188,147 332,655 4,628 206,158 163.60% CiD 4th Quarter Operating Statement 2 CITY OF SEBASTIAN, FLORIDA SCHEDULE OF ACTUAL TO BUDGET SEPTEMBER 30, 2006 POLICE SCHOOL RESOURCE OFFICER Quarter Year Current Revised % Description ~ ~ Encumbrance Budget Spent PERSONAL SERVICES 32,996 120,923 0 127,851 94.6% OPERATING EXPENDITURES 9,142 23,051 0 12,174 189.3% CAPITAL OU1LA Y 10,010 38,539 0 35,500 108.6% TOTAL POllCE SRO EXPENDITURES 52,148 182,513 0 175,525 103.98% POLICE ROAD PATROL Quarter Year Current Revised % Description ~ ~ Encumbrance Budget Spent PERSONAL SERVICES 386,176 1,370,823 0 1,506,935 91.0% OPERATING EXPENDITURES 47,321 158,334 2,631 153,115 105.1% CAPITAL OUTLAY 22,314 173,123 0 199,375 86.8% TOTAL POllCE RP EXPENDITURES 455,811 1,702,280 2,631 1,859,425 91.69% POLICE COMMUNITY POLICING UNIT Quarter Year Current Revised % Description ~ To Date Encumbrance Budget Spent PERSONAL SERVICES 27,775 116,628 0 121,073 96.3% OPERATING EXPENDITURES 5,683 16,733 0 18,944 88.3% CAPITAL OUTLAY 0 22 0 0 0.0% TOTAL POllCE CP EXPENDITURES 33,458 133,383 0 140,017 95.26% POLICE PROFESSIONAL STANDARDS Quarter Year Current Revised % Description To Date ~ Encumbrance Budget Spent PERSONAL SERVICES 28,453 102,952 0 97,503 105.6% OPERATING EXPENDITURES 3,816 8,751 0 13,618 64.3% CAPITAL OU1LA Y 0 0 0 1,400 0.0% TOTAL POllCE PS EXPENDITURES 32,269 111,703 0 112,521 99.27% POLICE INVESTIGATIONS Quarter Year Current Revised % Description ~ ~ Encumbrance Budget Spent PERSONAL SERVICES 108,386 390,346 0 410,277 95.1% OPERATING EXPENDITURES 21,928 78,873 0 78,633 100.3% CAPITAL OU1LA Y 875 5,204 0 5,600 92.9% TOTAL POllCE INVEST EXPENDITURES 131,189 474,423 0 494,510 95.94% @) 4th Quarter Operating Statement 3 CITY OF SEBASTIAN, FLORIDA SCHEDULE OF ACTUAL TO BUDGET SEPTEMBER 30, 2006 POLICE SUPPORT SERVICES DIVISION Quarter Year Current Revised % Description To Date To Date Encumbrance Budget Spent PERSONAL SERVICES 71,751 263,246 0 269,525 97.7% OPERATING EXPENDITURES 4,148 19,676 0 20,868 94.3% CAPITAL OUTIA Y 0 2,529 0 3,000 84.3% TOTAL POLICE SS EXPENDITURES 75,899 285,451 0 293,393 97.29% POLICE COMMUNICATIONS Quarter Year Current Revised % Description To Date To Date Encumbrance Budget Spent PERSONAL SERVICES 87,587 320,652 0 370,502 86.5% OPERATING EXPENDITURES 9,003 29,069 0 36,025 80.7% CAPITAL OUTLAY 0 2,140 0 2,500 85.6% TOTAL POLICE COMM EXPENDITURES 96,590 351,861 0 409,027 86.02% ENGINEERING Quarter Year Current Revised % Description To Date To Date Encumbrance Budget Spent PERSONAL SERVICES 124,828 440,053 0 428,349 102.7% OPERATING EXPENDITURES 10,667 32,794 0 39,734 82.5% CAPITAL OUTLAY 899 7,294 0 7,403 98.5% TOTAL ENGINEERING EXPENDITURES 136,394 480,141 0 475,486 100.98% ROADS & DRAINAGE Quarter Year Current Revised % Description To Date To Date Encumbrance Budget Spent PERSONAL SERVICES 112,691 616,596 0 640,577 96.3% OPERATING EXPENDITURES 60,130 171,902 0 182,029 94.4% CAPITAL OUTIA Y 56,921 123,452 11,130 129,665 103.8% TOTAL ROADS & DRAINAGE EXPENDITURES 229,742 911,950 11,130 952,271 96.93% STORMW A TER UTILITY DIVISION Quarter Year Current Revised % Description To Date To Date Encumbrance Budget Spent PERSONAL SERVICES 116,132 508,851 0 586,888 86.7% OPERATING EXPENDITURES 438,679 1,186,352 0 928,459 127.8% CAPITAL OUTLAY 77,552 77,603 0 60,000 129.3% TOTAL SW EXPENDITURES 632,363 1,772,806 0 1,575,347 112.53% @ 4th Quarter Operating Statement 4 CITY OF SEBASTIAN, FLORIDA SCHEDULE OF ACTUAL TO BUDGET SEPTEMBER 30, 2006 CENTRAL GARAGE Quarter Year Current Revised % Description ~ ~ Encumbrance Budeet Spent PERSONAL SERVICES 46,831 173,808 0 168,873 102.9% OPERATING EXPENDITURES (5,396) 27,509 8,878 25,386 143.3% CAPITAL OUTLAY 4,157 5,407 0 7,200 75.1% TOTAL CENTRAL GARAGE EXPENDITURES 45,592 206,724 8,878 201,459 107.02% BUILDING MAINTENANCE Quarter Year Current Revised % Description To Date ~ Encumbrance Budeet Spent PERSONAL SERVICES 27,010 84,059 0 94,983 88.5% OPERATING EXPENDITURES 34,929 109,237 1,891 172,108 64.6% CAPITAL OUTLAY 0 0 0 0 0.0% TOTAL BUILDING MAINT EXPENDITURES 61,939 193,296 1,891 267,091 73.08% PARKS & RECREATION Quarter Year Current Revised % Description ~ To Date Encumbrance Budeet Spent PERSONAL SERVICES 171,399 675,656 0 779,861 86.6% OPERATING EXPENDITURES 76,972 254,740 1,946 215,103 119.3% CAPITAL OUTLAY 3,243 47,048 0 53,500 87.9% TOTAL PARKS & REC EXPENDITURES 251,614 977,444 1,946 1,048,464 93.41 % CEMETERY Quarter Year Current Revised % Description To Date ~ Encumbrance Budeet Spent PERSONAL SERVICES 27,641 120,430 0 113,731 105.9% OPERATING EXPENDITURES 13,241 28,777 0 29,565 97.3% CAPITAL OUTLAY 0 7,626 0 9,000 84.7% TOTAL CEMElERY EXPENDITURES 40,882 156,833 0 152,296 102.98% GROWTH MANAGEMENT Quarter Year Current Revised % Description To Date To Date Encumbrance Budeet Spent PERSONAL SERVICES 71,292 237,192 0 250,551 94.7% OPERATING EXPENDITURES 7,338 22,376 0 29,345 76.3% CAPITAL OUTLAY 0 0 0 0 0.0% TOTAL GROWTH MGMT EXPENDITURES 78,630 259,568 0 279,896 92.74% @ 4th Quarter Operating Statement 5 CITY OF SEBASTIAN, FLORIDA SCHEDULE OF ACTUAL TO BUDGET SEPTEMBER 30, 2006 CODE ENFORCEMENT Quarter Year Current Revised % Description To Date To Date Encumbrance Bude:et Spent PERSONAL SERVICES 34,460 134,022 0 136,287 98.3% OPERATING EXPENDITURES 6,952 18,838 0 14,815 127.2% CAPITAL OUTLAY 0 5,058 0 6,000 84.3% TOTAL POLICE CE EXPENDITURES 41,412 157,918 0 157,102 100.52% NON-DEPARTMENTAL Quarter Year Current Revised % Description To Date To Date Encumbrance Budget Spent PERSONAL SERVICES 4,535 10,088 0 10,000 100.9% OPERATING EXPENDITURES 75,448 529,659 1,952 676,562 78.6% GRANTS & AIDS 0 2,215 0 0 0.0% TRANSFER OUT 0 1,139,289 0 1,139,289 100.0% CONTINGENCY 0 0 0 127,963 0.0% TOTAL NON-DEPART EXPENDITURES 79,983 1,681,251 1,952 1,953,814 86.15% TOTAL GENERAL FUND REVENUE 2,971,268 12,290,350 N/A 12,767,391 96.3% TOTAL GENERAL FUND EXPENDITURES 3,136,068 12,254,269 65,813 12,767,391 96.0% NET REVENUES (164,800) 36,081 COMMUNITY DEVELOPMENT BLOCK GRANT FUND-LOUISIANA A VENUE CDBG GRANT TOTAL CDBG FUND REVENUE CDBG REVENUES Quarter Year Current Revised % To Date To Date Encumbrance Budget Collected 0 30,059 N/A 30,060 100.0% 0 30,059 N/A 30,060 100.00% CDBG EXPENDITURES Quarter Year Current Revised % To Date To Date Encumbrance Budget Spent 0 30,059 0 30,060 100.0% 0 30,059 0 30,060 100.00% Description Description OPERATING EXPENDITURES TOTAL CDBG FUND EXPENDITURES @) 4th Quarter Operating Statement 6 CITY OF SEBASTIAN, FLORIDA SCHEDULE OF ACTUAL TO BUDGET SEPTEMBER 30, 2006 LOCAL OPTION GAS TAX LOCAL OPTION GAS TAX FUND REVENUES Quarter Year Current Revised % Descriution To Date To Date Encumbrance Bud2et Collected TAXES 239,959 716,495 N/A 760,000 94.3% MISC. REVENUES 14,729 47,661 N/A 12,000 397.2% TRANSFER OUT 0 0 N/A 39,429 0.0% INTERGOVTL REVENUE 16,998 16,998 N/A 0 0.0% TOTAL LOGT REVENUES 254,688 781,154 N/A 811,429 96.27% LOCAL OPTION GAS TAX FUND EXPENDITURES Quarter Year Current Revised % Descriution ~ ~ Encumbrance Bud2et Suent OPERATING EXPENDITURES 78,366 212,667 0 211,429 100.6% DEBT SERVICE 150,000 300,000 0 300,000 100.0% TRANSFER OUT 339,438 489,438 0 300,000 163.1 % UNAPPROPRIATED 0 0 0 0 0.0% TOTAL LOGT EXPENDITURES 567,804 1,002,105 0 811,429 123.50% DISCRETIONARY SALES TAX DISCRETIONARY SALES TAX FUND REVENUES Quarter Year Current Revised % Descriution ~ To Date Encumbrance Bud2et Collected TAXES 789,409 2,675,500 N/A 2,500,000 107.0% MISC. REVENUES 33,670 105,350 N/A 31,960 329.6% TRANSFER IN 6,960 6,960 N/A TOTAL DST REVENUES 823,079 2,787,810 N/A 2,531,960 110.10% DISCRETIONARY SALES TAX FUND EXPENDITURES Quarter Year Current Revised % Descriution ~ To Date Encumbrance Bud2et Suent TRANSFER OUT 985,859 2,214,474 0 1,773,901 124.8% UNAPPROPRIATED 0 0 0 758,059 0.0% TOTAL DST EXPENDITURES 985,859 2,214,474 0 2,531,960 87.46% /~~ /' ." 0!j 4th Quarter Operating Statement 7 CITY OF SEBASTIAN, FLORIDA SCHEDULE OF ACTUAL TO BUDGET SEPTEMBER 30, 2006 RECREA TION IMPACT FEE FUND RECREATION IMPACT FEE REVENUES Description Quarter Year Current Revised % To Date To Date Encumbrance Budget Collected 12,658 45,253 N/A 12,000 377.1 % 45,175 337,675 N/A 360,000 93.8% 17,654 17,654 N/A 17,654 100.0% 57,833 400,582 N/A 389,654 102.80% RECREATION IMPACT FEE EXPENDITURES MISC. REVENUES RECREATION IMPACT FEE TRANSFER IN TOTAL RIP REVENUES Description Quarter Year Current Revised % To Date To Date Encumbrance Budget Spent (88,750) 95,000 0 245,000 38.8% 0 0 0 . 144,654 0.0% (88,750) 95,000 0 389,654 24.38% TRANSFER OUT UNAPPROPRIATED TOTAL RIP EXPENDITURES STORMW A TER UTILITY FUND STORMW A TER UTILITY REVENUES Description Quarter Year Current Revised % To Date To Date Encumbrance Budget Collected 25,063 87,125 N/A 45,119 193.1% (28) 809,202 N/A 804,980 100.5% 3,619 3,619 N/A 3,619 100.0% 28,654 899,946 0 853,718 105.4% MISC. REVENUES STORMWATER UTILITY FEE TRANSFER IN TOTAL SW UTILITY REVENUES STORMW A TER UTILITY EXPENDITURES Quarter Year Current Revised % Description To Date To Date Encumbrance Budget Spent OPERATING EXPENDITURES 4,608 6,765 0 3,500 193.3% TRANSFER OUT 343,448 1,076,004 0 850,218 126.6% TOTAL SW UTILITY EXPENDITURES 348,056 1,082,769 0 853,718 126.83% LAW ENFORCEMENT FOREITURE FUND LAW ENFORCEMENT FORFEITURE REVENUES Quarter Year Current Revised % Description To Date To Date Encumbrance Budget Collected FINES AND FORElTURES 1,250 15,129 N/A 5,000 302.6% MISe. REVENUES 1,000 4,166 N/A 5,000 83.3% TOTAL LEFF REVENUES 2,250 19,295 N/A 10,000 192.95% /~.~ (11 \ ,,--J 4th Quarter Operating Statement 8 CITY OF SEBASTIAN, FLORIDA SCHEDULE OF ACTUAL TO BUDGET SEPTEMBER 30, 2006 LAW ENFORCEMENT FORFEITURE EXPENDITURES Description Quarter ~ Year To Date Current Encumbrance Revised Budget % Spent OPERATING EXPENDITURES TOTAL LEFF EXPENDITURES 1,730 1,730 3,260 3,260 o o 10,000 10,000 32.6% 32.60% GANG RESISTANCE EDUCA TION AND TRAINING PROGRAM Description G.R.E.A.T. PROGRAM REVENUES Quarter Year Current Revised % ~ To Date Encumbrance Budget Collected (36) 0 N/A 9,894 0.0% 16 47 N/A 0 0.0% (20) 47 N/A 9,894 0.00% G.R.E.A.T. PROGRAM EXPENDITURES Quarter Year Current Revised % ~ ~ Encumbrance Budget Spent (1,024) 0 0 9,894 0.0% (1,024) 0 0 9,894 0.00% lNTERGVTL REVENUES MISC. REVENUES TOTAL GREAT. REVENUES Description OPERATING EXPENDITURES TOTAL G.R.E.A.T. EXPENDITURES DISCRETIONARY SALES TAX DEBT SERVICE FUND DISCRETIONARY SALES TAX DEBT SERVICE FUND REVENUES Quarter Year Revised % Description ~ To Date Encumbrance Budget Collected MISC. REVENUES 392 1,401 N/A 7,700 18.2% INTERFUND TRANSFER FROM DST 176,603 1,025,525 N/A 1,032,844 99.3% TOTAL DST DEBT SERVICE REVENUES 176,995 1,026,926 N/A 1,040,544 98.69% DISCRETIONARY SALES TAX DEBT SERVICE EXPENDITURES Quarter Year Current Revised % Description ~ ~ Encumbrance Budget Spent OPERA TlNG EXPENDITURES 0 0 0 300 0.0% DEBT SERVICE 0 1,034,519 0 1,035,544 99.9% OTHER SERVICES 0 0 0 4,700 0.0% TOTAL DST DEBT SERVICE EXPENDITURES 0 1,034,519 0 1,040,544 99.42% c?t 4th Quarter Operating Statement 9 CITY OF SEBASTIAN, FLORIDA SCHEDULE OF ACTUAL TO BUDGET SEPTEMBER 30, 2006 STORMW A TER UTILITY DEBT SERVICE FUND STORMW A TER UTILITY DEBT SERVICE REVENUES Description MISC. REVENUES INTERFUND TR.lSTORMWATER UTIL. FUND TOTAL SW DEBT SERVICE REVENUES Quarter To Date 275 o 336,822 Year To Date 972 436,973 437,945 Current Encumbrance N/A N/A N/A Revised Budget 280 437,568 437,848 % Collected 347.1 % 99.9% 100.02% STORMW A TER UTILITY DEBT SERVICE EXPENDITURES Description DEBT SERVICE TOTAL SW DEBT SERVICE EXPENDITURES Quarter To Date o o Year To Date 437,848 437,848 Current Encumbrance o o Revised Budget 437,848 437,848 % Spent 100.0% 100.00% Description INTERGOVERNMENTAL REVENUES CHARGES FOR SERVICE MISC. REVENUES OTHER REVENUE SOURCES TOTAL GC REVENUES GOLF COURSE FUND GOLF COURSE REVENUES Quarter To Date o 208,393 22,987 o 231,380 Year To Date 6,998 1,490,100 88,833 o 1,585,931 Current Encumbrance N/A N/A N/A N/A N/A Revised Budget 7,000 1,552,114 56,470 61,395 1,676,979 % Collected 100.0% 96.0% 157.3% 0.0% 94.57% GOLF COURSE EXPENSES GOLF COURSE ADMINISTRATIVE Description PERSONAL SERVICES OPERATING EXPENSES CAPITAL OUTLAY DEBT SERVICE OTHER SERVICES TOTAL GC ADMINISTRATIVE EXPENSES Description OPERATING EXPENSES CAPITAL OUTLAY TOTAL GC MAINTENANCE EXPENSES Quarter Year Current Revised % To Date To Date Encumbrance Budget Spent 78,387 277 ,598 0 306,214 90.7% 131 ,409 382,751 1,407 387,516 99.1% 1,265 1,265 0 0 28,345 57,190 0 307,190 18.6% 0 0 0 16,574 0.0% 239,406 718,804 1,407 1,017,494 70.78% GOLF COURSE MAINTENANCE Quarter Year Current Revised % To Date To Date Encumbrance Budget Spent 147,317 555,071 0 546,461 101.6% 0 3,650 0 0 0.0% 147,317 558,721 0 546,461 102.24% (10) '-~ 10 4th Quarter Operating Statement CITY OF SEBASTIAN, FLORIDA SCHEDULE OF ACTUAL TO BUDGET SEPTEMBER 30, 2006 GOLF COURSE CARTS Quarter Year Current Revised % Description To Date To Date Encumbrance Budeet Spent PERSONAL SERVICES 10,684 35,7CJ7 0 55,294 64.6% OPERATING EXPENSES 13,410 54,894 0 55,927 98.2% CAPITAL OUTLAY 0 1,802 0 1,803 N/A TOTAL GC CARTS EXPENSES 24,094 92,403 0 113,024 81.76% TOTAL GOLF COURSE REVENUE 231,380 1,585,931 N/A 1,676,979 94.6% TOTAL GOLF COURSE EXPENSES 410,817 1,369,929 1,407 1,676,979 81.8% NET GOLF COURSE REVENUES (179,437) 216,002 AIRPORT FUND AIRPORT REVENUES Quarter Year Current Revised % Description To Date To Date Encumbrance Budeet Collected MISC. REVENUES 21,570 92,268 N/A 125,419 73.6% LEASE REVENUES 70,797 277,006 N/A 281,382 98.4% OTHER REVENUE SOURCE 0 0 N/A 4,925 TOTAL AIRPORT REVENUES 92,367 369,274 N/A 411,726 89.69% AIRPORT EXPENSES Quarter Year Current Revised % Description To Date To Date Encumbrance Budeet Spent PERSONAL SERVICES 32,269 168,894 0 205,854 82.0% OPERATING EXPENSES 28,472 141,502 0 162,209 87.2% OTHER SERVICES 2,937 62,937 0 43,663 144.1 % TOTAL AIRPORT EXPENSES 63,678 373,333 0 411,726 90.68% TOTAL AIRPORT REVENUES 92,367 369,274 N/A 411,726 89.7% TOTAL AIRPORT EXPENSES 63,678 373,333 0 411,726 90.7% NET AIRPORT REVENUES 28,689 (4,059) C~ 4th Quarter Operating Statement 11 CITY OF SEBASTIAN, FLORIDA SCHEDULE OF ACTUAL TO BUDGET SEPTEMBER 30, 2006 BUILDING DEPARTMENT FUND BUILDING DEPARTMENT REVENUES Description Quarter Year Current Revised % To Date To Date Encumbrance Budeet Collected 195,828 1,192,600 N/A 1,122,600 106.2% 5,762 28,223 N/A 56,000 50.4% 17,576 53,175 N/A 24,000 221.6% 0 1,139,289 N/A 1,139,289 100.0% 219,166 2,413,287 N/A 2,341,889 103.05% liCENSES & PERMITS CHARGES FOR SERVICE MISC REVENUE OTHER REVENUE SOURCE TOTAL BUILDING DEPT REVENUES BUILDING DEPARTMENT EXPENSES Quarter Year Current Revised % Description To Date To Date Encumbrance Budeet Spent PERSONAL SERVICES 209,125 639,191 0 623,235 102.6% OPERATING EXPENSES 69,353 291,897 0 275,971 105.8% CAPITAL OUTLAY 8,400 48,052 0 39,900 12D.4% OTHER SERVICES 0 0 0 1,402,783 0.0% TOTAL BUILDING DEPT EXPENSES 286,878 979,140 0 2,341,889 41.81% TOTAL BUILDING DEPT REVENUES 219,166 2,413,287 N/A 2,341,889 103.0% TOTAL BUILDING DEPT EXPENSES 286,878 979,140 0 2,341,889 41.8% NET BUILDING DEPT REVENUES (67,712) 1,434,147 4th Quarter Operating Statement 12 @ @ -HOME Of PELICAN ISLAND CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Waive Procurement Procedures and Authorize 4th of July Fireworks (3) Three Year Agreement Agenda No. 0&. I fr 0 fi r Submittal by: City Manager Department Origin: F1."ance Direetor:,~ City Attorney: City Clerk: ~' Date Submitted: 11/08/06 For Agenda of: 11/08/06 Exhibits: Melrose South Pyrotechnics, Inc., Agreements for July 2007,2008 and 2009 EXPENDITURE REQUIRED: FY 2006-2007 - $13,250.00 AMOUNT BUDGETED: 010099-534805 $19,000 APPROPRIATION REQUIRED: SUMMARY In order for the City to secure a date certain with a Pyrotechnics Firm for its 2007 Annual Fourth of July Celebration, (as has been customary) an agreement needs to be entered into. For the past (6) six years, Melrose South Pyrotechnics, Inc., has provided for the City's annual fireworks display. Since July 4, 2006 was their final contract year, Melrose South Pyrotechnics, Inc., has proposed a new (3) three-year renewal agreement providing for a 100% electronically fired show with no price increase. The only change in the proposed agreement is the inclusion of a $750.00 dockside fee. This is not a new fee. The City has always paid the dockside fee in the past, but it was never initially included in their previous agreements with the City. Due to the specialized nature, unique logistical requirements required (Le., firing from an island), the familiarity with details of our operation, and the outstanding job Melrose South Pyrotechnics, Inc., has performed in the past (6) six years, City staff highly recommends that Melrose South Pyrotechnics, Inc., be awarded a (3) three year renewal agreement, for the City's 2007, 2008, and 2009 Annual Fireworks Display in the total amount of$13,250.00 per year. RECOMMENDED ACTION Move to waive procurement procedures and authorize staff to enter into a three (3) year Agreement between Melrose South Pyrotechnics, Inc., and the City of Sebastian to provide for the July 2007, 2008 and 2009 Annual Fireworks Display in the amount of $13,250.00 per year. (;~: 0/ @ 11-01-'06 10:41 FROM-Melrose South pyro 8007757976 T-800 P002/004 F-787 MELROSE SOUTH PYROTECHNICS, INC. AGREEMENT This contraot entered in this m day of NOVElyIBER A.D. 2006 by and between MELROSE SOUTH PYROTECHNICS, INC. of Catawba, S.C. and CITY OF SEBASTIAN (customer) of City SE:QASTIAN State ~. WITNESSETH: MELROSE SOUTH PYROTECHNICS, INC. for and in consideration of the tenns hereinafter mentioned, agrees to furnish In the CUSTOMER ONE (1) Fireworks Display(s) as per agreement made and accepted and made a part hereot~ including the services of our Operator to take charge of and fire display under the supervision and direction of the Customer. said display to be given on the evening of JULY 4. 2007 Customer Initial . weather permitting, it being Wlderstood that should inclement weather prevent the giving oithis display on the date mentioned herein the parties shall agree to a mutually convenient alternate date. within six (6) months of the original displa.y da.te. Customer shall remit to the first party an additiona115% of the total contract price for additional expenses in presenting the display on an alternate date. The determ.ination to oancel th~ show beca'Use of inclement or unsafe weather conditions shaJJ rest within t'bl" sole discretion ofMBLROSB SOUTH PYR.OTBCHNICS. we. In the event the customer-do€'S ROt choose to reschedule another date or cannot agree to a mutually eonvenient date, MELROSE SOUTH PYROTECHNICS, INC. shall be entitled to 40% of the contract price for costs, damages and expenses. [fthe raeworks exhibition is cancelled by CUSTOMER prior to the display. CUSTOMER shall be responsible for and shall pay MELROSE SOUTH PYROTECHNICS, lNe. on demand, all MELROSE SOUTH PYROTECHNICS, INC.'s out of pocket expenses incurred in preparation for the show including but not limited to, material purchases, preparation and design costs, deposits, licenses, and employee charges. MELROSE SOUTH PYROTECHNICS. INC. agrees to furnish all necessary fireworks display materials and personnel for fireworks display in accordance with the program approved by the parties. Quantities and varieties of products in the program are approximate. After final design, exact specifications will be supplied upon request. It is further agreed and understood that the CUSTOMER is to pay MELROSE SOUTH PYROTECHNICS, INC. the sum of$12~500.00 + $750.00 DOCKSIDE = 513.250.00 (50%. DEPOSIT INVOICED APRIL 1.20(7). A service of 1 Y:i% per month shall be added if account is not paid in full within 30 days of the show date. MELROSE SOUTH PYROTECHNICS. INC. will obtain Public Liability and Property Damage and Workers Compensation insurance. Customer will provide the following items: (a) Suffioient area for the display, including a minimum spectator set back of 700 feet at all points from the discharge area. (b) Protection of tho display area by roping-off or Similar facility. (cJ Adequate police protection to prevent speotators from entering display area. (d) Search of the fallout area at firSt light foUowing a nighttime display. It is further agreed and mutually understood that nothing in this contract shall be constructed or intexpreted to mean a partnership, both parties being hereto responsible for their separate and individual debts and obligations. and neither party shall be responsible for any agreements not stipulated in this contract. Customer agrees to pay any and aU oollection costs. inoluding reasonable attorneys fees and court costs incurred by MELROSE SOOTH PYROTECHNICS. INC. in the co Hection or attempted collections of any amount due under this agreement and in'lfoice. The parties hereto do mutually and severally guarantee terms. conditions, and payments of this contract, these articles to be binding upon the parties, themselves. their heirs, executots, administrators. successors and assigns. MELROSE SOUTH PYROTECHNICS. INC. By Date Signed: NOVEMBER 1.2006 JEFF MA'ITHEWS P.O. Box Z09 CatRwba, SC 29704 80(\-771- '1~76 CUSTOMER By: l\ i$4u\oj~ ~ wlw:>t"VlfOW\\.lIcI,M;l\i.\~WIb.>rltY\l>bind "'~ c.u.wn.. Date Signed: (PI.... Typ" or Prim) Name: Address: PhQne: @ 11-01-'06 10:41 FROM-Melrose South pyro 8007757976 T-800 P003/004 F-787 MELROSE SOUTH PYROTECHNICS, INC. AGREEMENT This contract entered in this m day of NOVEMBER A.D. 2006 by and between MELROSE SOUTH PYROTECHNICS. INC. of Catawba, S.C. and CITY OF SEBASTIAN (customer) of City SEBASTIAN State fit. WITNESSETH: MELROSE SOUTH PYROTECHNICS. INC. for and in oonsideration of the terms hereinafter m.entioned. agrees to furnish to the CUSTOMER ONE (1) Fireworks Display(s) as per agreement made and accepted and made a part hereof, including the services of our Operator to take charge of and fire display under the supervision and direction of the Customer>> said display to be given on the evening of JULY 4, 2008 Customer Initial . weather permitting, it being understood that should inclement weather prevent the gfving of this display on the date mentioned herein the parties shall agree to a mutually convenient alternate date, within six (6) months of the original display date. Customer shall remit to the fust party an additional 15% of the tota:l contract price for additional npenses in presenting the display on an alternate date. The detennination to cancel the show because of inclement or unsafe weather conditions shsU rest within the- sole dt.fcretlon ()f MELROSE SOUTH PYROTECHNICS. INC. In the event the customer does not choose to reschedu\e another date ()f canoot agree to a mutually convenient date. MELROSE SOUTH PYROTECHNICS. lNe. shall be entitled to 40% oCthe contract price for costs, damages and expenses. If the fireworks exhibition is cancelled by CUSTOMER. prior to the display, CUSTOMER shall be responsible for and shall pay MELROSE SOUTH PYROTECHNICS, INC. on demand~ all MELROSE SOUTH PYROTECHNICS, INC.'8 out of pocket expenses incurred in preparation for the show inclUding but not limited to, material purchases. preparation and design cost~ deposits, licenses; and employee charges. MELROSE SOUTH PYROTECHNICS, INC. agrees to furnish all necessary fireworks display materials and personnel for fireworks display in accordance with the program approved by the parties. Quantities and varieties of products in the program are approximate. After final design, exact specifications will be supplied upon request. It is further agreed and understood that the CUSTOMER is to pay MELROSE SOUTH PYROTECHNICS, INC. the sum of $11.500.00 + $750.00 DOCKSIDE = $13.250.00 (500/0 DEPOSIT INVOICED APRIL 1. 2007), A service of 1 Y2% per month shall be added if account is not paid in full within 30 days ofthe show date. MELROSE SOUTH PYROTECHNICS, INC. will obtain Public LiabilIty and Property Dam. and Workers Compensation insurance. Customer will provide the following items: (a) Sufficient area for the display, inoluding a minimum spectator set back of700 feet at all points from the discharge area. (b) Protection of the display area oy roping-off or slmilar facility. (0) Adequate police protection to prevent spectators from -entering uisplay area. (d) Searoh o:fthe ra.ilout tlrt!ll at first light tbllowirrg 4 nighttime di.fpJay. It is further agreed and mutually understood that nothing in this contract shall.be constructed Of Interpreted to mean a partnership; both parties being hereto responsible for their separate and individual debts and obligations. and neither party shall be responsible for any agreements not stipulated in this contract. Customer agrees to pay any and all collection costs, including reasonable attorneys fees and court costs incurred by MELROSE SOUTH PYROTBCHNICS, INC. in the collection or attempted collections of any amount due under this agreement and invoice. The parties hereto do mutually and severally guarantee terms, conditions, and payments of this contract. these articles to be binding upon the parties, themselves, their heirs, executors, administrators, successors and assigns. MELROSE SOUTH PYROTECHNICS, INC. By Date Signed: NOVEMBER 1.2006 JEFF MATTHEWS P.o. Box .2D.9 Catawba., SC 29704 80fJ-771- 7976 CUSTOMER BJ': III. dilly ludn>t\m alltN, ,,10:1 "'P'....n1~ htI1lM b.l& MI luthomy to bind 1M ~Oll1.r Date Signed: (f>~ T)p<o 0<' Pritrtl Name: Address: Phone: - .~ Ci0 11-~1-'05 10:42 FHOM-Melrose South pyro 8007757976 T-800 P004/004 F-787 MELROSE SOUTH PYROTECHNICS, INC. AGREEMENT This oontract entered in this 1ST day of NOVEMBER A.D. 2006 by and between MELROSE SOUTH PYROTECHNICS) INC. of Catawba. S.C. and CITY OF SEBASTIAN (customer) of City SEBASTIAN State FL. WlTNESSETII: MELROSE SOUTH PYROTECHNICS, INC. for and in consideration of the tennshereinafter mentioned, agrees to furnish to the CUSTOMER ONE (1) Fireworks Display(s) as per agreement made and aocepted and made a part hereof, including the services of our Operator to take charge of and fire display under the supervision and direction of the Customer, said display to be given on the evening of JULY 4. 2009 Customer Initial . weather permittin& it being understood that should inclement weather prevent the giving of this display on the date mentioned herein the parties shall agree to a mutually convenient alternate date, within six (6) months of the original display date. Customer shall remit to tbe first party an additional 15% of die total contra4."( price {or additional expenses in presenting the display on an a\ternate date. Th~ determination to cance~ the show because of ll'lclement or unsafe weather (londiUons shaJJ l'(';st w'ilhin th6' sole discretion .of MELROSE SOUTH PYROTI3CHN1CS, INC. :Tn the event tlw customer do~ not choose to reschedule another date Ot ca.nnot agree to a mutually convenient date. MELROSE SOUTH PYROTECHNICS, INC. shall be entitled to 40% of the contract price f(\f costs,. damages and e>lpMses. If the rJJ'eworb exhibit.ion is cancelled by CUSTOMER prior to th$ display, CUSTOMER shall be responsible for and shall pay MELROSE SOUTH PYROTECHNICS, INC. on demand, all MELROSE SOUTH PYROTECHNICS, INC.'s out of pocket expenses incmred in preparation for the show including but not limited to, material purchases, preparation and design costs, deposits, licenses, and employee charges. MELROSE SOUTH PYROTECHNICS, INC. agteeS to furnish all necessary fireworks display materials and personnel for fireworks display in accordance with the program approved by tho parties. Quantities and varieties of products in tho program are approximate. After final design, exact specifications will be supplied upon request. It is further agreed and understood that the CUSTOMER is to pay MELROSE SOUTH PYROTECHNICS, INC. the sum of $12.500.00 + $750.00 DOCKSIDE;:; $13.250.00 (50% DEPOSIT INVOICED APRIL 1. 2007). A servioe of 1 Y2% per month shan be added if account is not paid in full within 30 days of the show date. MELROSE SOUTH PYROTECHNICS, INC. will obtain Public Liability and Property Damage and Worker& Compensation insurance. Customer will provide the following items: (a) Sufficient area for the display, including a minimum spectator set back of 700 feet at all points from the discharge area. (b) Protection of the display area by roping-off or similar ta.cility. (c) Adequate police protection to prevent spectators ftom entering display area. (d) Search of the fallout lU"ea: at first light following << nighttime disp-my. It i~ further agreed and mutually understood that nothing in this contract shall be constructed or interpreted to mean a partnership, both parties being hereto responsible for their separate and individual dobts and obligations, and neither party shall be responsible for any agreements not stipulated in this contract. Customer agrees to pa.y any and aU collection costs, including reasonable attorneys fees and court costs inourred by MELROSE SOUTH PYROTECHNICS, lNC. in the collection or attempted collections of any amount due under this agreement and invoice. The parties hereto do mutually and severally guarantee terms, conditions, and payments ofthis contract, these articles to be binding upOn the parties, themselves, their heirs. executors, admin[strator~ successors and assigns. MELROSE SOUTH PYROTECHNICS, INC. By Da.~ Signed~ NOVEMllER 1. 2006 JEFF MA l'1.'flEWS .P.O, Box 2tJ9 Catawbat SC 29'7'14 80fJ-771-'Y76 CUSTOMER By: /f,sa\rly ."'htrrRiod"'l, win> _ems hotIlIIr.......JvlllUthamy to bind tIlVa..lOmW' Dato Signed: (PI- Typ6 ". l'IliIr) Name: Address: Phone: /---~ ~ Of( fJf. S. . ft:.ff&. .lA.'fi""'W'*. .1A'.&i~;i $;IWlr&:$ a mN""a[~ C~IY liOl\1E Of PWC~ ISl.ANO CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Alcoholic Beverage Approval for Areyan Wedding Reception Agenda No. () ~'). t '" , Submittal by: City Manager Department Origin: ~O,,^~ 't'l-L-L.Cc'^'hr Finance Direct+ City Attorney: City Clerk: Date Submitted: October 31,2006 For Agenda of: November 8, 2006 Exhibits: Receipt and Copy of Rental Permit Application EXPENDITURE REQUIRED: None AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: None SUMMARY Jesus Areyan is seeking Council approval to serve alcoholic beverages for a wedding reception at the Community Center on December 2,2006 from IPM until 12AM. Staff has verified applicant's date of birth. They are expecting 150 people to attend the reception and have paid for a police officer. RECOMMENDED ACTION Move to approve alcoholic beverages at the Community Center for the Areyan wedding reception on December 2,2006 from IPM until12AM. @ @ CITt OF SEBAS~IAN CITY OF SEBASTIAN ,. '~.:o '.~' .." RENTAL PERMIT APPLICATION HOME OF PELICAN ISlAND ~ 0 DATE:\O-C'.8'-OC; h.B, COMMUNITY CENTER YACHT CLUB' NAMEOFPERMITIEE~=v~ '.&~"" ~ 'Nc,<C'<l:\O \\)or<\, ADDRESS OF PERMITTEE:' Q...C\ ~ \-l\('~\t-(")~d s\- "F"c-_\.\.:-&VV\eve ~,,- 3g..Ctq~ No. Street . City PHONE #'lQ.. 11tt...J;':t'b3MAILING ADDRESS:\:lQ "-:). \~~P1-l0~ 5\ NAME OF GROUP OR ORGANIZATION: REASON FOR RENTAL: U)~d.A'\V"\.0 . ANTICIPATED NUMBER OF PERSONS ATTENDING EVENT: \. 50 If more than 75 attendees, extra duty police officer services are required .~:(R-02 -47) Office Use Only \..\0 '~\D Ya~. Rent............... $ Non-Resident.. Total...:....... .....$ Tax................ .. P. O. Services Tota1........~:\.... $ Make checks payable to City of Sebastian (A service fee of 5% or $10.00, whichever is greater, may be charged for a dishonored check per City Resolution No. R-96-41) OFFICE USE ONLY DATE PAID R;ECEIPT NO. INITIALS SECURITY DEPOSiT.............. $250.00 RENT ............................. 7% TAX ........................... POLICE OFFICER SERVICES Alcohol Beverage Request o APPROvED o DISAPPROVED Police Department Agreement Confirmed (if applicable) Date:, Key Pickup Date: Key Returned Date: Security Deposit Returned By City Check# For $ . On: /~--~\ ~ TO RENTERS OF SEBASTIAN COMMUNITY CENTER OR YACHT CLUB: A deposit of two-hundred fifty dollars ($250.00) for cleanup must be made with the application. This deposit is refundable if the building is left clean and undamaged by pennittee. If cleaning or repair is necessary by City employees, this deposit or a portion of the deposit shall be forfeited, based on infonnation supplied by the superintendent of buildings. &a >r;c · Sally A Mai6, CMC . City Clerk 1, ~<":'l~ t.. ~ '" , permittee for said premises, have read the rental roles and regulations and agree to all the conditions listed. Furthermore, I understand that neglecting to clean the premises immediately afterward will resultin forfeiture, in part or full, of the. security deposit. ('~ c,\m\......er C')"('\. A-~ Date ~ }-e...\U) ltrf.-'r C?t"\, ... .' SIgnature . @ ~ City of Seb,!stian Hom":c Qf pc.!Jcan Isla.nd City of Sebastian Municipal police Department .A licationfor police Extra-Du Officer Services "14,i~~ge ..",,'<inty 'ervi"" of the requ"ted u~mb" ?f Qffi",,, for publie ""ty, boalth ",d 'ddition to thoseproVlded generally to the pubbc. It IS understood that this is a non-binding ~"" (5) day. .d""'" no.'" " ",..u"ted pn.. to the >orvi'" date ",d ad""n",d payment" . detail with less than 24 hours ~otlce pnor to commencement of the detail, will result in three :? Olfi.....ti"#i...t .boutd be made payable to tbe City of Seba"iau, 1225 Main Street, ~ ~ (3):rt~~~.Minimum Per Each Officer Required ~ ~ ~ Rate Per,Ho\1r For Each Officer ............ ..$30.00 : ...Rat~p~rHour For Each Supervisor...........$34.00 'RatePer1\iii~:ForEach Vehicle... .... ..$0.45/$7.00 Minimum _ . .(.\\~i>~lies to on-site utilization of vehicle) Zi~Code: ,~~~\...\.~ Telephone Numbers: In Uniform: Plain Clothes: EndingDate:~c .fl, ~~~ \.. 9- '(C)C) V\~ Type h"" (~S ~,Je-Sl J "). A r-<"Y Q ", Applicants Signature Date Worked Time Worked CITY OF SEBASTIAN FINANCE DEPARTMENT RECEIPT NameJt., S \A. S A e..!L 't A-~ Date ll-~-O\o 001001 208001 Sales Tax 001001 223010 Pre-paid License Renewal 001501 321000 Occupational License Application Fee 001501321000 Occupational License 001501 321100 Occupational License - PenaltyfTransfer 001501 329500 Alarm Citation 001501341920 Copies 00150.1 351140 Parking Citation 001501354100 Code Enforcement Fines 001501 359000 Other FinesIForfeitures 001501 362100 Rent and Royalties 001501 369900 Other Miscellaneous Revenue Ob\$\')\ ~,,).\'O Ct.'I-\",,"\.t."'I1"(' U:.Nl"~ ll'l:i'iT 5518 o Cash H,O. II GReek # Amount Paid 34, Sf> ~"O"L SO 'llo<l \lb ;L'l.Ol.n.. eO""-M.UNIT'1' t.~N~iL. ,c;"t.u.lLlr'( as:O, 00 p.,\...l e.~ O\=l:\ c..€lL 3~c < 00 ~~ Initials ,WhitB-- Depto of Dr~gin.. Pink. Applicant_ @ TotalPaid 1,lO'l. \'10 . ~: i.mOJ q-IJA$T~ " ~ .-.Ji,..ljl}," ,. ~ll,;:.:..:'...,;" HOME Of PEUC.~ ISlAND CITY OF SEBASTIAN AGENDA TRANSMITfAL r Submittal by: City Manager Agenda No. 0 W. I (;J Z Department Origin: C!..OV\Jlo<\ 'il.\ e. ~4~ Finance Director: City Attorney: City Clerk: Subject: Alcoholic Beverage Approval for Wilt Wedding Reception Date Submitted: October 31, 2006 For Agenda of: November 8, 2006 Exhibits: Receipt and Copy of Rental Permit Application EXPENDITURE REQUIRED: AMOUNT BUDGETED: None N/A APPROPRIATION REQUIRED: None SUMMARY Brandilynn Wilt is seeking Council approval to serve alcoholic beverages for a wedding reception at the Community Center on November 25,2006 from 2PM unti16PM. Staff has verified applicant's date of birth. They are expecting 50 people to attend the reception. RECOMMENDED ACTION Move to approve alcoholic beverages at the Community Center for the Wilt wedding reception on November 25,2006 from 2PM unti16PM. @ /'~ ~ CITY Of SEBASTIAN CITY OF SEBASTIAN RENTAL PERMIT APPLICATION DATE:tO-~'ob ~ COMMUNITYCENTER D YACHT CLUB HOME OF PELICAN ISlAND NAME OF PERMITTEE: t3e.~rJ\) \ \... '1 N'rJ W \ L..:, ADDRESS OF PERMITTEE: l'l> Y \0 l ~\.!..\- AVE. No. Street \J l'c.(Lo B b~c.H I c-: L ,:; d'1 b-1 City PHONE # MAILING ADDRESS: NAME OF GROUP OR ORGANIZATION: REASON FOR RENTAL: \}.J ~\;)~ \ rV "" R ~c.\::.f>\( ~j.....) ANTICIPATED NUMBER OF PERSONS ATTENDING EVENT: S' a if more than 75 attendees, extra duty police officer services are required ,~(R - 02 - 47 ) REQUESTED DATE: \ \ .. 2. S - 0 l.o TIME: From: ~ ~ M To: to.\' M. Office Use Only PLEASE ANSWER YES OR NO: 1. Are You a Resident of Sebastian? 2. Will There Be An Admission or Door Charge? 3. Will Alcoholic Beverages Be Served? (a) If answer to #3 is Yes, Permittee's proof of age: '. Rent............... $ Non-Resident.. T otal...~.. ..........$ Tax................. . P. O. Services Total.... .... :;" .... $ NO \-JO "-( ~ 'S ~ ~ '--? a..S, Make checks payable to City of Sebastian (A service fee of 5% or $10.00, whichever is greater, may be charged fora dishonored check per City Resolution No. R-96-41) OFFICE USE ONt Y DATE PAID RECEIPT NO. INITIALS SECURITY DEPOSiT.............. $250.00 RENT ................,............ 7% TAX ........................... POLICE OFFICER SERVICES Alcohol Beverage Request o APPROVED o DISAPPROVED Police Department Agreement Confirmed (if applicable) Date:, Key Pickup Date: Key Returned Date: Security Deposit Returned By City Check# For $ . On: ~. 0j @ TO RENTERS OF SEBASTIAN COMMUNITY CENTER OR YACHT CLUB: . A deposit of two-hundred fifty dollars ($250.00) for cleanup must be made with the application. This deposit is refundable if the building is left clean and undamaged by permittee. If cleaning or repair is necessary by City employees, this deposit or a portion of the deposit shall be forfeited, based on information supplied by the superintendent of buildings. 8~d!J?: · Sally A , CMC City Clerk 1, nv cArd; f.c fl'l V1 ~ ) { D; tt , permittee for said premises, have read the rental rules and regulations ~d agree to all the conditions listed. Furthermore, I understand that neglecting to clean the premjses immediately afterward will resultin forfeiture, in part or full, of the. security deposit. (\)(l~ ;L?J. dCCiP , Date CITY OF SEBASTIAN FINANCE DEPARTMENT RECEIPT 5519 Name e,~,v\) (L,;~vVrJ Wl.t...\ o Cash Date t\-t-O\o ~heck# '~t03 Amount Paid 001001 208001 Sales Tax 001001223010 Pre-paid License Renewal 001501 321000 Occupational License Application i=ee 001501 321000 Occupational License 001501 321100 Occupational License - PenaltylTransfer 001501 329500 Alarm Citation 001501 341920 Copies 001501 351140 Parking Citation 001501 354100 Code Enforcement Fines 001501 359000 Other Fines/Forfeitures 001501 362100 Rent and Royalties 001501 369900 Other Miscellaneous Revenue ((P,OD : b'l()"ttlO a..~\'~']. G.tl"'^M."'lU\~ t!..e.N""a..~,",C.~"-\N' ~SO, c c i ~.. 5.' < ;;>,.. c!c .........~, '" <-"~,,,,- t><.>r ~~ ...~ ~~ 'vv.- Initials 4.'tl, tlO Total Paid White -Dept. of Origin. Pink. Applicant .... f6C f>" ,~. @ 03 HOM!.OI' .1'ELICAN .1Sl.AND 1225 Main Street Sebastian, Florida 32958 r Submittal by: Agenda No: (1(e', I ( 0 Department Origin: City Clerk ~ City Attorney: Date Submitted: 11/2/06 Subject: Christmas Parade Street Closings and Update For Agenda of: 11/8/06 Exhibits: Map Expenditure Required: Amount Budgeted: Appropriation Required: SUMMARY STATEMENT Members of City staff (Chief Davis, Jerry Converse, Chris McCarthy, and Sally Maio), Sebastian Junior and Women's Club (Teddy Hulse and Jane Kresge), Sebastian Property Owners Association (Sal Neglia, Bruce Zing man, and Nancy Paternoster) and invited guest Enzor Maggard with the Craft Club of Sebastian met on Monday October 30, 2006 to discuss the 2006 parade. The Chamber of Commerce representative was unable to attend. It has been decided to start at Main Street again this year and then re-evaluate whether we need to start further north next year. We are asking that Council close Main Street at US 1 to its intersection with Indian River Drive and Indian River Drive from the south side of its intersection with Jefferson Street to just south of Main Street from 4 pm until the parade leaves for staging. We do not intend to close Jefferson but will ask floats to enter there and then head south to the Main Street parking lot and Main Street for staging. We would like to have all boat trailers out of the Main Street parking lot by 4 pm and ask that this be posted ahead of time. We would ask that side street entrances to Indian River Drive be blocked for only as long as it takes the parade to progress south toward Riverview Park. We also ask that Council close Sebastian Boulevard from the east of the gas station to Indian River Drive from 6 pm until the event ends so that parade floats can be staged there at the end of the parade for public viewing and for the safety of children visiting Santa Claus. The SJW and WC will again serve hotdogs, cold drinks and coffee, will provide a float for Santa Claus, decorate Santa's house in Riverview Park, fly in the elves to assist Santa in handing out candy canes and taking photos. The Chamber of Commerce will take float registrations, and the Sebastian Property Owners will provide volunteers for staging in the area of Main Street. City PW and Police volunteers will assist with closing and reopening streets and keeping order at the staging area and Riverview Park. Mayor Burkeen will be asked to officially light the City Christmas tree upon Santa's arrival in Riverview Park. The Craft Club was approved for its December show on December 2nd and with the kind assistance of Mr. Maggard they will work closely with City staff and Teddy Hulse to ensure that the club's tents are not in the area of the park designated for the Christmas event. RECOMMENDED ACTION Approve street closings for the Christmas parade and Santa visit as requested for December 2nd. (jjj) 2 i .~.. ~0~' ",\ 9Y:'t) \6 Ir "" ~ ~D "or- ( ! ttd'pt \ ~ ~~~.) , . ~ ~~ ( ~~f- \ \ ) ~~/! ! \ / J ,\~ c.,ll"J\ .~ \ \ /t-p' \}J'J ..l> \ ) ~~~ \ ~ . \ ! r---- \ \ I \ r -i I; J; ~ I II~\ I ! ~ : ~ I i I ! , " ~ .~ --7 _..~- ~ @ I ~ ~ ~I I -- @) i I I ~6Y~ \D~ ."" d( 9\ fi \.91\' X ,'1-- ----------------- -- -- - - /..-------.... '" ~J\\Y ~~- i \ \ \ \ , , , , I ---- ---<~-- ------....-------------.---.. ---< ./1 : HOME OF PELICAN ISLAND 1225 Main Street, Sebastian, FL 32958 (772) 589.5330 · Fax (772) 589-5570 MEMORANDUM Date October 20, 2006 To Mayor and City Council Members From Sebastian Tree Advisory Board Cc Ref. Champion Tree Nominees The Tree Advisory Board, during many field trips to measure Champion trees, discovered a champion Live Oak, a champion Bismarck Palm and a champion Pindo Palm as well as a champion loquat. The Board would like to have a proclamation presented to each of the winners at the Champion Tree Clinic scheduled for Saturday, November 18th, 2006. As stated in Resolution R-05-42 section 3. Award. ''The City Council shall review Champion Tree nominations from the Tree and Landscape Advisory Board and shall, on a majority vote of Council, recognize Champion Trees for award of a Proclamation." Please find the attached Champion Tree Records for the nomination of the Live Oak, Bismarck Palm, Pindo Palm and Loquat champion trees for Council review and vote. We are requesting addition of this item to your November 8, 2006 agenda and with Council approval Proclamations will be drawn up for signature of the Mayor for presentation on November 18th, 2006. ()0.lu,j @) C2J ( (\ .~ \:.~ \ / ^AJ> \~t\[) ~ ~' \'\J\ ~ \~ .. \~~~ ~ \0~"\~~ +- Sft:>~ W~ IoLf{J,J~ SEWTI.au .} he. S-"li.-Lo qlllt 'J---dvL, ~~ ca{l.Qo;t~ ~ itS di ~ ~Mtt~ 2- ~ Ies'. HOME OF PELICAN ISLAND , . _ o~ 1225 MAIN STREET. SEBASTIAN, FLORIDA 32958 U)../V TELEPHONE, (772) 589-5330. FAX (772) 589-5570 J;(. COMMON TREE NAME: CHAMPION TREE RECORD Llv~ OAl< SCIENTIFIC OR BOTANICAL NAME: Q UfR CLl ( U IRJ IN ~ ADDRESS: HOMEOWNER NAME: EARn ....t JJ lANe H lA/en, y> 6t 6 I~Jl~ ~ {}ve- t A..J J1 :?q~ - 142 'f v Se,v tt J. f'4.NJ'1 8 A k'(.f< ~6' 61A:&IO/A Ave- <-hA ~-A,.J I r LA Sy 1- <.;s 4-~ TELEPHONE HUMBER: TREE HEIGHT: 80 ~ <6D FEET PTS TREE CIRCUMFERENCE: /6/.5 , INCHES PTS fro 7, ? .6"0 -:-4 Jz~0 CROWN SPREAD AVERAGE: FEET PTS TOTAL POINTS: :2GD e N .be. ~Rv/~ R,INr LI;"'" ~C4N A JJ J(j Qzt (\ TREE BOARD MEMBERS NAMEl2A!'lil RoJrt.'1j NAME: AJ~ L L,4<:; O'J ADDRESS: Vl.'1I:~ /'v ADDRESS: r ~~36.iiJ:; 0' ,.., ~ .rL r \ TELEPHONE NUM8ER' 3 ~-'l11-3 TElEPHONE NUM8ER~~~ 1'1.. \ \)~ X~ GiD ~o~ ~'-.I ',' CHAMPION TREE RECORD ~ CowoNTREENAME: l3J8lY\Qy-cL&lm ~. ~~-. Ll ~ \~ SCIENTIFIC OR BOTANICAL ~E:b \ S f'r\(lQ.~(L rl~O\ 1 "S . "' TIME: II f\1V\ . HOME OF PEUCAN ISLAND DATE: <1.\ \W\Dlr , HOMEOWNER NAME: ~v~o1 ~dlliqLAe..:~ '( o --,~. cay ~~)un'-\t)~f\ f,' ~~"J,Q; ~ <ba,s+ \Q'i" \..:1 \ . ADDRESS: TELEPHONE NUMBER: /'\~ ..,... I ~ "" \ ~~) "'.- -", (:) 0 (''1- "c. t:::t ....,(,. ..: " ",;;;;., .. ,-.tc~"~' ~ ~\,......#.....,,) '-'-:M"l' 1; TREE HEIGHT: IIp Lorr, a"\. FEET FEET TREE CIRCUMFERENCE: INCHES CROWN SPREAD AVERAGE: TOTAL POINTS: <61. CJ CONDITION OF TREE: ~ 'tC2.J \ ll- \~ PTS IIp PTS Lo~ PTS 5.5 TREE BOARD MEMBERS NAME: Cl r-J,'\ ~u ~\-~J2_" ADDRESS: 1~h~t\~; 80 TELEPHONE NUMBER: ~ ~ \ /-, ..... ... (.,..~""~ SIGNATUR~'l\,Q)>A-~AI\.~. j'... NAM~ e', \ laC\ \ f\ o \ ADDRESS: ~g ~ Wtnt~ &tX,"fl~ c\ T. EL.~HON:n~~ SIGNATURE' ~d V\SO'I\\-\ '\ Dr\~e~~\~ V\rsf<\a.'" ~~ , <;.r{,'t'.J., , , ,..,) ~U),,' I,~.r, 'c @) @ (~ ~~. CHAMPION TREE RECORD ~COMMON TREE NAME: 1J / IV 0-0 PA \ 1-'1 *~ SCIENTIFIC OR BOTANICAL NAME: E? t..l, -ri 1\ C A pli;t 1\. ~ \ DAt--er f.1.McJ,. II 'Loot -fr~e 12:36 PJ, .-----r HOMEOWNER NAME: \j o)w .J-- H d ~R.e.Q .fh'elrft ef<. ADDRESS: <D Lf I UkAlTW~ rir.'l?:e-+ - ~ 1A~ /.It.) . =f=L.-It 3 Z>[S ~ I TELEPHONE HUMBER: 5' <g'q - -; q 3 b f<l HOME Of PELICAN ISlAND 1225 MAIN STREET. SEBASTIAN, FLORIDA 32958 TELEPHONE: (772) 589-5330 . FAX (772) 589-5570 TREE HEIGHT: FEET PTS . , ~ PTS 8' 0 PTS 3 TREE CIRCUMFERENCE: crD INCHES TOTAL POINTS: 10 'l 12. "7 4- FEET CROWN SPREAD AVERAGE: CONDITION OF TREE: q 00.R. TREE BOARD MEMBERS NAME~\l~P~&..- NAME:N?lGLAC;~,> 1-0\ ADDRESS: '< _ -.; - - - We:. . ADDRESS: ~ .~ y. I .Ii'..Jr!~Site-~ \. \ \ TELEPHONE NUMBER: "' ~ 1;1.(3 TELEPHONENUM{~/H~q~r 'FL~ V X ~ @ ; ~ liJ\~ HOME OF PELICAN ISlAND 1225 MAIN STREET. SEBASTIAN, FLORIDA 32958 TELEPHONE: (772) 589-5330 · FAX (772) 589-5570 ~ ~ ~fi1 \G VA~~ CHAMPION TREE RECORD COMMON TREE NAME: L 0 iJAAt -[.Vb:f - SCIENTIFIC OR BOTANICAL NAME: . RIo R.if. J~(fOV\C" HOMEOWNER NAME: !f-e} 1A D"1 b Uj Z t/ ~ ADDRESS: 511 CON cA-t Of) ) V C TELEPHONE HUMBER: Sf70J ,,1<t17 TREE HEIGHT: 1 2D FEET CROWN SPREAD AVERAGE: 'f }~ INCHES PTS 20 /0 PTS I <(---- PTS TREE CIRCUMFERENCE: FEET TOTAL POINTS: 13 CONDITION OF TREE:~ K ~ NAME:L 1'1//(ev ADDRESS: ;.:1"2. IYlah{.J Sf- 9C-h~s;~ ,~L 3:<~S~ TELEPHONE NUMBER: 1,' VJS- - 6 21 TREE BOARD MEMBERS " R'1 , NAME:~ ~ ADORE : 9<' ~ JC''l-' ':?' :ri TELEPHONE NUMBER: 1"1 ~ J-b ?f8'---~4~O V o ( ( M8rv~ ENGINEERING,~NC.". CONSUL TlNG ENGlNEERlNG MOIA BOWLES VILLAMIZAR & ASSOCIATES October 4,2006 Ms. Rebecca Grohall City of Sebastian Growth Management 1225 Main Street Sebastian, FL 32958 VIA Regular Mail RE: Crossroads Plaza Sebastian, Florida Engineer's Project Number: 05-603 Dear Ms. Grohall: Per our meeting at your office, please find enclosed six (6) copies of the revised site plan showing the expansion of the stormwater retention system into the Dryden Ave. right-of- way. The expansion is proposed to provide additional treatment of stormwater above and beyond the city code due to its proximity to the Sebastian River and to compensate for the significant loss ofthe owner's property for this site and the parcel adjacent to the east due to extensive right-of-way acquisition by the county for the CR 510 and CR 512 improvements. Please note that the system is designed to handle the proposed redevelopment of the gas station parcel (east), which is currently being considered for annexation. '. We are requesting that this be forwarded to City Council for approval of the use of the right-of-wa as shown and discussed above. Thank you for your consideration. Should questions regarding the above subject, please call. "': :".1 A ~.. ! <~ ~:; 1"=. be: Mr. TomVani Mr. Todd Howder " . The ,Boulevard Professional Center .1 600 W. Eau Gal/ie:'" Blvd ., SUiteC0 203 . Melbourne, :Florida 32935 Phone (321) 253-1510 "\\(, Fax (321) 253-0911J / . . ':",'". ~ 2455 - 14th Avenue Vero Beach: Florida 32960 Phone(772)569~0035 Fax (772) 778-3617 E-mail: mbveng@mbveng.com @ [fS--(d)3 HOME OF PELICAN ISlAND 1225 MAIN STREET. SEBASTIAN, FLORIDA 32958 TELEPHONE: (772) 589-5330 · FAX (772) 589-5570 October 27,2006 RE:CEIVED OCT 3 0 2006 BY: rflbV Mr. Burce Moia MBV En~ineering, Inc. 2455 14' Avenue Vero Beach, FL 32960 RE: CROSSROADS PLAZA SEBASTIAN, FL - ENGINEER'S PROJECT NO. 05-603 Dear Mr. Moia: I have reviewed your site plan and request for the Sebastian City Council to consider using right- of-way along Dryden Avenue for wet detention of storm water. While your staff has made inference to the City allowing Publix to use right-of-way as a basis for expanding, outl?ideof the project'sbolJndar,ies, a closer understanding of the Publix situation yields several key differences that cannot be applied to the Crossroads Plaza situation. As a result, thisl;~~risJ9inf9~n1 'you th~tyour request to be placed on the Council agenda is denied, However; in further co rl s ide ration of your r~quest, I would offer the following suggestions: 1, The City may be open to selling a' portion of the right-of-way; however, based on requirements by SJRWMD the required retention may pose unacceptable public safety concerns should the area be located too close to the edge of the road, More design and technical infonnation is required should this suggestion be considered. 2. There may be potential to work with Indian River County to discharge stonn water in the County's 512 system. I would encourage contact with County staff on this potential. 3. Other redesign options may exist on the site, I am more than happy to discuss this matter with you in greater detail and you may feel free to contact me at 388-8200, CC:,i, Members of the Sebastian City Council Richard String~r,CityAtt()rney 'SallyMaiO",'City'Cler~ ." " .' ..... '." Rebecca Grohalt,.GroWtIi 'Management Director' .'"; -"':'f'- .' .-.: .";' . " -.' .' . . I... . ~ ~ @ J toddh From: Sent: To: Subject: BruceM Tuesday, October 31,200610:42 AM toddh FW: Crossroads Plaza Bruce Moia, P .E., President MBV Engineering, Inc, 1600 W. Eau Gallie Blvd" Suite 203 Melbourne, FL 32935 Phone (321) 253-1510 Fax (321) 253-0911 <brucem@mbveng.com> -----Original Message----- From: Bruce Mola [mailto:brucem@mbveng,com] Sent: Monday, October 30, 2006 5:26 PM To: 'Brian Burkeen' Cc: 'tomv@ss-f1,com' Subject: Crossroads Plaza Mayor Burkeen: I received a letter from Mr, AI Minner, City Manager, in which you were copied regarding our request to be heard by Council regarding use of the Dryden Ave, right-of-way, We made a request to use a portion of the right-of-way for stormwater purposes for two reasons, One was to allow us to recoup the necessary area for stormwater due to the significant site area being requested by the county to both widen CR 512 and for the CR 512/CR 510 intersection improvements, The second is that the SJRWMD is requiring a higher treatment of stormwater due to the creation of a very small wetland on the site due to the historical inadequecy of the county's roadside drainage system, We request that we be placed on the next available agenda under public matters to address the council on this matter, We would also request a meeting with you to further discuss this issue. Please let me know when you can be available to meet with us. Also, please have someone notify us as to which meeting we will be on the agenda. We are very anxious and willing to work with the City and the County to meet the needs of all parties, The County needs our property to improve the roads, I assume the City is very interested in redeveloping this site as a beautification effort at the entrance to the City, and the developer wants to rehab this facility, Thank you for your consideration, Bruce Moia, P .E., President MBV Engineering, Inc. 1600 W. Eau Gallie Blvd., Suite 203 Melbourne, FL 32935 Phone (321) 253-1510 Fax (321) 253-0911 <brucem@mbveng,com> 1 @ @ HOMI OF .l>ELICAN ISLAND 1225 Main Street Sebastian, Florida 32958 , Agenda No: 06.062 Department Origi.n: City ClerkG I fJ;tI' "1/ ~7 City Attorney: Il Date Submitted: 10/4/06 Subject: Ordinance No. 0-06-15 - Proposed Charter Amendment Question #7 Remove from Table, Discuss and Set Public Hearing for December 13, 2006 f r Submittal by: For Agenda of: 11/8/06 Exhibits: Ordinance No. 0-06-15 SUMMARY STATEMENT City Council conducted public hearings on the ten proposed charter amendment ordinances on October 11, 2006. All ordinances with the exception of Ordinance No. 0-06-15 were adopted for placement of questions on the March 13,2006 ballot. City Council tabled Ordinance No. 0-06-15 for further review of other city charters relative to police department and police chief references in their respective charters. Because the ordinance was not tabled to a time certain or the hearing continued to a time certain, the public hearing will need to be readvertised. To accomplish this, we ask that Council on November 8th move to take Ordinance No. 0-06-15 from the table, discuss it and if so inclined, schedule another public hearing for December 13, 2006 for final action. December 13, 2006 is the meeting at which the March election proclamation is read and the election resolution adopted in accordance with the Charter. If Council schedules the hearing on Ordinance No. 0-06-15 for December 13th, that hearing will appear before the election items on the agenda. RECOMMENDED ACTION If Council is inclined to continue with Ordinance No. 0-06-15; Move to take the ordinance from the table, determine how Council wants to proceed with it, and if it is determined that you wish to move it forward for placement on the March ballot as is or as amended, schedule a public hearing for December 13, 2006 to give sufficient time for readvertisement. @ I @ ORDINANCE NO. 0-06-15 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; SCHEDULING AN ELECTION TO SUBMIT A REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND SECTION 3.06 AND DELETE SECTION 3.07 AND 3.08 OF THE CITY CHARTER TO PROVIDE FOR A POLICE DEPARTMENT BUT RESOLVING CONFLICTS WITH COUNCIL/MANAGER FORM OF GOVERNMENT; PROVIDING FOR SUCH MANNER IN WHICH SUCH ELECTION SHALL BE CONDUCTED; PROVIDING FOR THE TIME AND PLACES FOR HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE BALLOT FOR SUCH ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 166.031 of Florida $tatutes provides that the governing body of a municipality may submit to the electors of that municipality a proposed amendment to all or parts of its City Charter; and WHEREAS, in accordance with Article V of the City Charter, the Charter Review Committee has met, held public hearings, and recommended certain revisions to the Charter; and WHEREAS, the City Council desires to submit the proposed amendments to the City Charter for ratification by the electors of the City of Sebastian, Florida. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, that: Section 1. That upon passage of the Referendum submitted hereunder, existing Section 3.06 of the City Charter of the City of Sebastian, Florida, shall be amended to read as follows: "Sec. 3.06. Creation ; Gl1ief . The Citv shall maintain its own oolice deoartment for the orotection of citizens and enforcement of laws. There shall B8 a 13elis8 sel3artmont '.\'hieh shall sen~i~t Elf a shief ef l3eli€lEl ami sl;;JeR ether ~\\'erR aFls Flen S't.'ElfFl em13leyees as may Be eletefmines BY the sity eSl;;JFlsil. The ehief sf I3slise sRall BEl the heael sf the "wliee Elel3artment amI shall Elireet the aGti'/ities . sf itfii memBers ans l3eliee 8e13artmeFlt em13loysOfii. Tho shiof sf l3elise shall B8 o13l3sintes BY the sip; maFla~or. Tho mayor may, as I3rsviSOel Bylaw, afll30int anel elissharEle s13osiall3slisomeFl iFl timm: sf riot sr I3l;;JBlis emor~onsy. " Section 2. That upon passage of the Referendum submitted hereunder, existing Section 3.07 of the City Charter of the City of Sebastian, Florida, shall be deleted in its entirety as shown: /~_.......,,\ G;V See. 3.07. Chief ef peliee Duties anEl autherity. It shall Be t1~e Sblty af tRe sRief ef Jilelise te attens meetiRSs af tRa sit}' SElblRSil as Elir;:sstElel BY tRe sit}' maRaSEu:; te aiel iR tAe ElRmrSBment ef er-€ler aReI te eRmrse tRe sity's er;:eliRanses, t9 exeo~te all Jilaf)ers aRS f)reoesses ef tAe sit}' ar its abltR8r;:ities; ans t8 Jilerferm Sb,lSR ether sblties as may Be la'MbIl1y r;8E1b1ires 8f Rim.'Aer. Section 3. That upon passage of the Referendum submitted hereunder, existing Section 3.08 of the City Charter of the City of Sebastian, Florida, shall be deleted in its entirety as shown: See. 3.0B. Same Offieers. TAe sRief sf Jil81ise aRs a-II s':/er;:R Jilslise emseFS shall Rave tRe f)8'.ver t8 Bear arms aRs make arrests as f)revises BY Fleriela la'.\' aRs/er as may B8 I3re'.'iseel BY ElrsiRaRse aSsl3tBs BY the oity GElblRSil. Section 4. ELECTION. An election is hereby called and scheduled for March 13, 2007, to determine whether the revisions to the City Charter of the City of Sebastian, Florida shall be approved by the majority of the votes cast in such election, in which the qualified electors residing in the City of Sebastian shall participate. Section 5. POLLING PLACES. The places of voting in such election shall be the usual places of voting in the City of Sebastian, Florida, in the regular election as determined under the applicable provisions of Florida law, which are currently as follows: Precinct Location 103 St. Sebastian Catholic Church, 13075 U.S. 1, Sebastian 104 VFW Post 10210,815 Louisiana Avenue, Sebastian 105 Sebastian Elks Lodge No. 2714, 731 South Fleming Street, Sebastian 106 North Indian River County Library, 1001 CR 512, Sebastian 107 Sebastian Elementary School, 400 CR 512, Sebastian 109 North Indian River County Library, 1001 CR 512, Sebastian 201 Trinity Lutheran Church, 611Schumann Drive, Sebastian 203 Calvary Baptist Church, 123 Thunderbird Drive, Sebastian 204 Sebastian Christian Church, 190 Day Drive, Sebastian Section 6. BALLOT. The purpose of this election shall be to present a referendum issue to the electors of the City of Sebastian of whether or not to adopt revisions to the City Charter. The ballot shall be substantially in the following form: /~ l~ BALLOT CITY OF SEBASTIAN, FLORIDA Referendum #7 Amending Section 3.06, deleting 3.07, and 3.08 to provide for City Police Department; removing conflicts. Shall the City of Sebastian amend the City Charter to repeal provisions detailing establishment of the Police Department, chief of police, and directing the activities of the department and employees since all of these provisions conflict with the council/manager form of government in the Charter, but adopt official policy that the City shall maintain its own Police Department for the protection of its citizens and enforcement of laws? Yes for Approval No for Rejection Section 6. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its adoption effect immediately upon its adoption by the City Council. The foregoing Ordinance was moved for adoption by Councilmember . The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Brian Burkeen Councilmember Nathan McCollum Councilmember Andrea Coy Councilmember Sal Neglia Councilmember AI Paternoster The Mayor thereupon declared this Ordinance duly passed ,2006. CITY OF SEBASTIAN, FLORIDA and adopted this _ day of ~ By: Mayor Brian Burkeen ATTEST: Approved as to form and legality for reliance the City of Sebastian only: Sally A. Maio, MMC City Clerk I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the @ Vero Beach Press Journal as required by State Statute, that one public hearing on the Ordinance was held on the day of , 2006, and that following said public hearing this Ordinance was passed by City Council for placement on the March 13, 2007 ballot. Sally A. Maio, MMC City Clerk GV HOME OF PELICAN ISLAND City of Sebastian Growth Management Department 1225 MAIN STREET D SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 D FAX (772) 388-8248 MEMORANDUM DATE: November 2,2006 TO: Al Minner, City Manager FROM: Rebecca GrohaIl, Directo@ SUBJECT: Back Out Parking At the Planning and Zoning Commission meeting on February, 16, 2006, Staff and the Commission addressed the question as to whether back out parking, particularly in the Riverfront Overlay District merited further consideration or a code amendment to allow for it. The Commission had a lot of discussion on the issue, including a brief history of the origins of the parking regulation section of the Land Development Code. The parking regulations were revised in 1985, and at that time, the portions of the Code (primarily Sec. 54-3-10) that address parking were modified to establish the "no back out parking rule". The no back out parking rule was not modified for the Riverfront Overlay District requirements adopted a few years ago. Mr. Mahoney indicated concern forpedestrian safety, Mr. Oakes was not in favor of back out parking, and Mr. Celli was not in favor of back out parking and suggested medians with 45 degree angle parking. Chairman Allocco suggested that back out parking may be a way to entice, new aesthetically pleasing projects in the Riverfront area. Overall, there was concensus that Staff research other parking options. While it was discussed that some other communities utilize back out parking, it is important to discuss differences in those situations from the conditions in Sebastian. From a traffic engineering perspective, back out parking may be viable in communities that utilize traffic control devices. In Vero Beach and other communities where back out parking is found, traffic control devices like traffic signals, stop signs and lower speed limits enable back out parking. Indian River Drive does not have traffic signals, stop signs and lower speed limits. This is not a minor detail or minutiae, this is a very significant difference between our community and other areas cited. O~!,1~7 @ Page 2 In researching parking options, it seemed clear that the City has an abundance of parking that may be better managed. Some of those ideas are being pursued through the improvement of the Cav-Corp parking area and re-desigining the Main Street boat ramp area. Additionally, more parking may be created by closing some minor streets to expand parking areas or create 45 degree parking. Street closing was an idea presented during discussion at City Council about the Main Street Boat Ramp re-design, and overall, was not supported by Council. Once the City has improved all parking areas, it will be possible to visit the concept of granting parking credits to businesses in proximity to City owned parking facilities. This concept is often utilized by urban cities who utilize parking garages to provide businesses with better parking alternatives. Additionally, City Council may want to explore having businesses who share the City's parking to share in expenses associated with the maintenance of the parking. @ CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING " FEBRUARY 16, 2006 (BOARD) APPROVED ~ - - DATE APPB:~~ED jU~JECT TO ...~ -Llt:..~(I...J_,,__..,. Chairman Allocco called the meeting to order at 7:00P.M. The Pledge of Allegiance was said. ROLL CALL: PRESENT: Mr. Buchanan (a) Chmn. Allocco Mr. Paul Mr. Oakes Mr. Celli Mr. Simmons (a) Mr. Mahoney EXCUSED: Mr. Keough ALSO PRESENT: Rebecca Grohall, Growth Management Director Jan King, Growth Management Manager Dorri Bosworth, Zoning Technician . Rich Stringer, City Attorney Linda Lohsl, Recording Secretary ANNOUNCEMENTS: Chmn. Allocco announced that Mr. Keough is excused and Mr. Buchanan will be voting in his place. (Mr. Simmons will be voting in the vacant seat.) APPROVAL OF MINUTES: February 2, 2006 MOTION by Paul/Simmons to approve the minutes of February 2, 2006. A voice vote was taken and the minutes were approved unanimously. OLD BUSINESS: NONE NEW BUSINESS: A. Accessory Structure Review - Section 54-2-7.5 - 1573 Picasso Street- 30' X 34' Detached Garage - John & Caridad Weber Mr. John Weber and Ms. Cari Weber of 1573 Picasso Street presented the application. Mr. Weber explained the garage would be used to store his lawn and hobby equipment as well as a motorcycle and cars. Ms. Bosworth confirmed that they have a unity of title for two lots and meet all zoning codes. Staffs only comment is the applicant will need a permit from the Engineering Department for the auxiliary driveway. Some commissioners asked if a business was to be run from the premises and Mr. Weber answered no. (~ PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF FEBRUARY 16, 2006 MOTION by Oakes/Simmons to approve the accessory structure for 1573 Picasso Street ROLL CALL: Chmn Allocco Mr. Celli Mr. Simmons Mr. Mahoney yes yes yes yes Mr. Buchanan Mr. Paul Mr. Oakes yes yes yes The vote was 7-0. Motion passed unanimously. B. Quasi-Judicial Public Hearings - Conditional Use Permits - Model Homes; 1. 1266 Barber Street (New) - Tozzolo Brothers Construction 2. 1258 Barber Street (Renewal) - Tozzolo Brothers Construction Chmn. Allocco swore in the applicant who presented the request. The applicant stated that the Engineering Department approved a pipe under the swale so there would be adequate parking from end to end on both lots. Ms. Bosworth said since the models are side by side they will be sharing one sign. There have been 'no code enforcement complaints against the renewal property and she added that they do have a construction office on Sebastian Boulevard. MOTION by Allocco/Oakes to approve the renewal model home and the new model home for Tozzolo Brothers on Barber Street adjacent properties. ROLL CALL: Mr. Celli Mr. Buchanan Mr. Oakes Mr. Paul no yes yes yes Mr. Mahoney Chmn Allocco Mr. Simmons yes yes yes The vote was 6-1. The motion passed. In answer to Mr. Celli's question, Ms. Grohall said there are currently 34 model home permits and 21 of them have expired. They are contacting the builders to determine if the model is still in use and found at least four or five are no longer being used as model homes. She has gone with code enforcement to inspect the model homes. C. Discussion - Parking Regulations and Design in the Riverfront Overlay District Ms. Grohall opened the discussion noting that City Council wanted the Planning and Zoning Commission's input regarding parking in the overlay district and in particular if back-out parking is wanted in any overlay district. Mr. Mahoney pointed out difficulties of trying to have the riverfront area both pedestrian and motorist friendly. Mr. Oakes was not in favor of backing out onto Indian River Boulevard but said he did not have a solution to the problem. Mr. Celli suggested a median to go along with a 450 parking plan. Ms. Grohall said the right-of-way was not sufficient enough to handle a median of substantial size. Ms. Bosworth noted that at some sites the sidewalk would be behind the back-out parking area and possibly a caveat could be created to insure the sidewalk would be in front of the parking spaces. @ 2 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF FEBRUARY 16, 2006 Ms. Grohall added that in some of the neo-traditional urban town centers have back out parking but they have' sidewalks to the front of the vehicles so there is not a pedestrian conflict and also more traffic control devices in place, such as more traffic lights and stop signs. Chmn. Allocco said that back-out parking might be the only way to entice newer and more esthetically pleasing development on Indian River Drive. There was discussion about approved projects that incorporated storm water retention under the proposed buildings. Mr. Celli asked why was the no back out rule established and Ms. Bosworth said there was a riverfront committee established in the past and she would research their meeting minutes. It was pointed out that the back-out parking is in the parking design section for the whole city and has been in the code since 1985. Mr. Stringer added that as a general rule back out parking from private parking area is not preferred from a safety standpoint. What was presented to City Council was we have a special redevelopment area and should change the rule from the general to help the redevelopment area. Some topics that could be looked at are should the rule be changed for side streets running east/west, public angled parking, more municipal parking, or other designs. He added that currently the riverfront is held to the same parking standards as the rest of the city. A problem cities run into is if there is redevelopment of an older area, to meet modern standards people buy one historic house for a business and must buy the historic house next to it and tear it down in order to meet the parking requirements. To truly redevelop the riverfront there needs to be some kind of lessening of the on-site parking requirements and what could be done to make up for the lessening of the parking requirements. Mr. Paul referred to public comments in the past about keeping a small fishing village theme for the city. Ms. Grohall suggested that staff take the comments made and develop a proposal for the commission to review. MOTION by Oakes/Allocco to give staff ninety days to develop a revised parking ordinance with 3D-day updates presented to the commission. A voice vote was taken and the motion passed unanimously. CHAIRMAN MATTERS: NONE MEMBERS MATTERS: Mr. Celli apologized to staff for the extra work researching model homes and had hoped his comments would be used to support an extra person for the department's staff. In answer to questions by the commission at a previous meeting, Ms. Bosworth gave an update on the "Welcome to Sebastian" sign at Schumann Drive and there will not be a berm at the Cross Creek subdivision along Skyline. DIRECTOR MATTERS: Ms. Grohall thanked Mr. Celli about bringing the expired model home issue to their attention. She said they are intending to bring the Comprehensive Plan Update at the March 16th meeting. . 3 @ ~'" \1,2) J , ~ PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF FEBRUARY 16, 2006 Ms. Grohall thanked Mr. Celli about bringing the expired model home issue to their attention. She said they are intending to bring the Comprehensive Plan Update at the March 16th meeting. ATTORNEY MATTERS: Mr. Stringer gave a brief overview of some city projects that are being considered and would come before the commission in the near future. There was discussion about the application the county is reviewing for a proposed concrete processing plant located on the west side of U.S. Highway 1 and surrounded by land in Sebastian, Chmn. Allocco adjourned the meeting at 9:12 p.m. (2/21/06 sbl) 4 un Of HOME OF PELICAN ISLAND CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Department of Environmental Protection Grant Agreement for Periwinkle Drive Stormwater Improvements. Agenda No. tYo./&?f .. Department eng~~ City Engineer" .16 oJ 'oc. Human Resources Dir: ~ /!!:"'f/l/ Finance Director: ..e4'. City Attorney: ~ ~ City Clerk: ~'^'-- -' Date Submitted: October 20th, 2006 For Agenda of: November 8th, 2006 ubmittal by: City Manager Exhibits: DEP Agreement No. G0200 EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: $250,000 APPROPRIATION REQUIRED: N/A SUMMARY The grant agreement with the Department of Environmental Protection (DEP) for the Periwinkle Drive Stormwater Improvements project is attached for the Council's approval. The scope of this agreement includes: · Construction of a 3.0 acre wet detention facility for stonnwater treatment. · Construction of a stonnwater control structure/weir. · Installation of related stonnwater piping and catch basins. · Rough and fmal site grading. · Construction of erosion control measures on the outfall from the proposed pond. Additionally the agreement provides for water quality monitoring, water quality modeling and education and a public outreach campaign. The City will be obligated to implement these programs. The total project cost is currently projected to be $563,000, with $313,000 provided by EPA 319 funds and the remaining $250,000 from the City (already allocated from the Stonnwater Utility Revenue Bond, Series 2003). The funding is already in place for this project, therefore, no additional appropriations are required at this time. RECOMMENDED ACTION Move to approve DEP Agreement No. G0200 with the Departmental ofEnvironmentaI Protection and authorize the City Manager to execute said agreement. .........----"" @J @ DEP AGREEMENT NO. G0200 STATE OF FLORIDA GRANT AGREEMENT PURSUANT TO ENVIRONMENTAL PROTECTION AGENCY GRANT A W ARD(S) THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000 (hereinafter referred to as the "Department" or "DEP") and the CITY OF SEBASTIAN, whose address is City Hall/Grants Administrator, 1225 Main Street, Sebastian, Florida 32958, (hereinafter referred to as "Grantee" or "Recipient"), a local govermnent, to provide [mancial assistance for Sebastian's Periwinkle Drive Stormwater Improvements. WHEREAS, the Department is the recipient of federal [mancial assistance from the Environmental Protection Agency (EPA); and, WHEREAS, the Florida Department of Environmental Protection was awarded funding by the Environmental Protection Agency pursuant to Grant Agreement No. C9-99451505-0; and, WHEREAS, the Grantee has been determined to be a subrecipient of federal [mancial assistance from the U.S. Environmental Protection Agency (EP A); and, WHEREAS, the Grantee is responsible for complying with the appropriate federal guidelines in performance of its activities pursuant to this Agreement. NOW, THEREFORE, in consideration of the premises and the mutual benefits to be derived herefrom, the Department and the Grantee do hereby agree as follows: 1. The Grantee does hereby agree to perform in accordance with the terms and conditions set forth in this Agreement, Attachment A, Grant Work Plan, and all attachments and exhibits named herein which are attached hereto and incorporated by reference. For purposes of this Agreement, the terms "Contract" and "Agreement" and the terms "Grantee", "Recipient" and "Contractor", are used interchangeably. 2. This Agreement shall begin upon execution by both parties and shall remain in effect for a period of forty-four (44) months, inclusive, The Grantee shall be eligible for reimbursement for work performed on or after the date of execution and until the expiration of this Agreement. This Agreement may be amended to provide for additional services if additional funding is made available by EP A and/or the Legislature. 3. A. As consideration for the services rendered by the Grantee under the terms of this Agreement, the Department shall pay the Grantee on a cost reimbursement basis in an amount not to exceed $313,000.00 toward the total project cost described in Attachment A. Written approval from the Department's Grant Manger shall be required for changes between budget categories up to 10% of the total budget. The DEP Grant Manager will transmit a copy of the written approval and revised budget to the DEP Procurement Office and the DEP Contracts Disbursements Office for inclusion in the Agreement file. Changes greater than 10% will require a formal amendment to the Agreement. B. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon receipt and acceptance of a properly completed Attachment B, Payment Request Summary Form. The Chief Financial Officer requires detailed supporting documentation of all costs under a cost reimbursement agreement. In accordance with the Attachment C, Contract Payment Requirements, the Grantee shall comply with the minimum requirements set forth therein. Invoices shall be accompanied by supporting documentation and other requirements as follows: 1. Salaries/Wages -The Grantee shall not be reimbursed for direct salaries or multiplier (i.e., fringe benefits, overhead, and/or general and administrative rates) for Grantee's employees However, the Grantee may document these expenditures for meeting its match requirements. DEP Agreement No. G0200, Page 1 of 10 ce) 2. Contractual (Subcontractors) - Reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from the Grantee. Subcontracts that involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours/time spent on the project. All multipliers used (i.e. fringe benefits, overhead, and/or general and administrative rates) shall be supported by audit. If the Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, the Grantee shall be required to reimburse such funds to the Department within thirty (30) days of written notification. Interest on the excessive charges shall be calculated based on the prevailing rate used by the State Board of Administration. Invoices for reimbursement of fixed price subcontracts approved by the Department shall be documented by copies of the paid invoices. 3. Travel- The Grantee will not be reimbursed for travel expenses under this Agreement. 4. Equipment - (Capital outlay costing $1,000 or more) - The purchase of non-expendable equipment costing $1,000 or more is not authorized under the terms of this Agreement. 5. Rental/Lease of Equi1,)ment - Include copies of invoices or receipts to document charges. 6. Other Expenses - e.g., Materials, supplies, phone, reproduction, mailing, and other expenses must be documented by itemizing and including copies of receipts or invoices. C. The Grantee may be required to submit a cost allocation plan to the Department in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. State guidelines for allowable costs can be found in the Department of Financial Services' Reference Guide for State Expenditures at http://www.fldfs.comlaadir/reference%5Fguide and allowable costs for Federal Programs can be found under 48 CFR Part 31 at http://www.access.gpo.gov/nara/cfr/cfr- table-search.html and OMB Circulars A-87, A-122, A-21, A-102 and A-IIO as applicable, at htto://www.whitehouse.gov/omb/circulars/index.html#numericaL Five copies of each invoice, including appropriate backup documentation, shall be submitted to the Department's Grant Manager. D. The Grantee will limit its participation in the salary rate (excluding overhead) paid to individual consultants retained by grantee's or by a grantee's contractors or subcontractors to the maximum daily rate for GS-18. This limitation applies to consultation services for designated individuals with specialized skills who are paid at a daily or hourly rate. This rate does not include transportation and subsistence costs for travel performed. Subagreements with firms for services, which are awarded using the procurement requirements contained in 40 CFR 31.36, are not affected by this limitation. E. The parties hereto understand and agree that this Agreement does require a cost sharing or match on the part of the Grantee. The Grantee is responsible for providing $250,000.00 in cash or third party in-kind, towards the work funded under this Agreement. All cost sharing/match shall meet the federal requirements established in 48 CFR Part 31 and OMB Circulars A-87, A-122, A-21, as applicable. F. Allowable costs will be determined in accordance with the cost principles applicable to the organization incurring the costs. For purposes of this Agreement, the following cost principles are incorporated by reference. -~ ~) Or anization T e State, local or Indian tribal overnment. Private non-profit organization other than (1) an institution of higher education, (2) hospital, or (3) organization named in OMB Circular A-122 as not sub.ect to that circular. Education Institutions For-profit organization other than a hospital and an organization named in OMB A-122 as not subject to that circular. A licable Cost Princi les OMB Circular A-87 OMB Circular A-122 OMB Circular A-21 48 CFR Part 31, Contract Cost Principles and Procedures, or uniform cost accounting standards that comply with cost principles acceptable to the federal a enc . DEP Agreement No. G0200, Page 2 of 10 G. The table below identifies the funding supporting this Agreement and EP A Grants providing the funds. EP A Grant Number C9-99451505-0 CFDA 66.460 Fundin Amount $313,000.00 $313,000.00 . 4. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. The parties hereto understand that this Agreement is not a commitment of future appropriations. 5. A. The Grantee shall submit progress reports in accordance with the schedule contained in Attachment A. Progress reports shall be submitted in conjunction with the Payment Request Summary Form, described in paragraph 3,B. Progress reports shall describe the work performed, problems encountered, problem resolution, schedule updates and proposed work for the next reporting period. The Grantee shall utilize the Attachment D, Progress Reporting Form, for submitting its progress report. Reports shall be submitted to the Department's Grant Manager no later than twenty (20) days following the completion of the reporting period. The fmal report shall be submitted no later than thirty (30) days prior to the completion date of the Agreement. The Department's Grant Manager shall have ten (10) calendar days to review deliverables submitted by the Grantee. Final payment, no less than ten (10) percent of the total Agreement amount identified in paragraph 3.A., will be withheld until receipt and approval of the Final Report. B. The Grantee agrees to comply with the requirements ofEP A's Program for Utilization of Small, Minority, and Women's Business Enterprises in procurement under this Agreement. 1. The Grantee accepts the Minority Business Enterprise/Women's Business Enterprise (MBEIWBE) "Fair Share" goals and objectives negotiated with EP A as follows: Florida Fair Share Goals Services Goal 10% MBE and 15% WBE 7% MBE and 17% WBE 14% MBE and 36% WBE 10% MBE and 11 % WBE 2. If the Grantee does not want to rely on the applicable State's MBEIWBE goals, the Grantee agrees to submit proposed MBEIWBE goals based on availability of qualified minority and women-owned business to do work in the relevant market for construction, services, supplies and equipment. "Fair Share" objectives must be submitted to the EP A Grants Management Office, 61 Forsyth Street, Atlanta, GA 30303 within thirty (30) calendar days of award and approved by EP A no later than thirty (30) calendar days thereafter. Copies of all correspondence with EP A shall also be forwarded to the Department's Grant Manager. 3. The Grantee agrees to ensure, to the fullest extent possible, that at least the applicable "Fair Share" objectives of Federal funds for prime contracts or subcontracts for supplies, construction, equipment or services are made available to organizations owned or controlled by socially and economically disadvantaged individuals, women and Historically Black Colleges and Universities. 4. The Grantee agrees to include in its bid documents the applicable "Fair Share" objectives and require all of its prime contractors to include in their bid documents for subcontracts the negotiated "Fair Share" percentages. 5. The Grantee agrees to follow the six affIrmative steps or positive efforts stated in 40 C.F.R. 30.44(b), 40 C.F.R. 31.36(e), or 40 C.F.R. 35.6580, as appropriate, and retain records documenting compliance. 6. The Grantee agrees to submit a report documenting MBEIWBE utilization under federal grants in conjunction with the required progress reports (see paragraph 5.A). ~~ DEP Agreement No. G0200, Page 3 of 10 1- \J '-..:: . 7. If race and/or gender neutral efforts prove inadequate to achieve a "Fair Share" objective, the Grantee agrees to notify the Department and EP A in advance of any race and/or gender conscious action it plans to take to more closely achieve the "Fair Share" objective. 8. In accordance with Section 129 of Public Law 100-590, the Small Business Administration Reauthorization and Amendment Act of 1988, the recipient agrees to utilize and to encourage any prime contractors under this Agreement to utilize small businesses located in rural areas to the maximum extent possible. The Grantee agrees to follow the six affinnative steps stated in 40 C.F.R. 30.44(b), 40 C.F.R. 31.36, or 40 C.F.R. 35.6580, as appropriate, in the award of any contracts under this Agreement. C. Pursuant to EPA Order 1000.25, dated January 24, 1990, the recipient agrees to use recycled paper for all reports which are prepared as a part of this Agreement and delivered to the Department. This requirement does not apply to reports which are prepared on forms supplied by EP A. This requirement applies even when the cost of recycled paper is higher than that of virgin paper. D. A draft comprehensive fmal report (hard copy and electronic) must be submitted no later than sixty (60) days prior to the completion date of the Agreement. The Department will review the draft fmal report and provide comments for inclusion in the fmal report within 30 days. Five (5) hard copies, plus one electronic copy in Adobe.pdf format or Microsoft Word Format, of a comprehensive fmal report must be submitted no later than the completion date of the Agreement. The Grantee's final report shall include an accounting of all project expenses, a report of all matching funds contributed on behalf of the Grantee, and a statement acknowledging that the project has been supported by a grant from the U.S. Environmental Protection Agency. The following language shall be included on the cover page of the final project report: "This project and the preparation of this report was funded in part by a Section 319 Nonpoint Source Management Program Implementation grant from the U.S. Environmental Protection Agency through an agreement/contract with the Nonpoint Source Management Section of the Florida Department of Environmental Protection. The total cost of the project was $[show actual amount], of which $[show actual amount] or [show actual percentage] percent was provided by the U.S. Environmental Protection Agency." Additionally, all other final deliverables required by this Agreement (such as booklets, pampWets, videos, scientific papers, etc.) which were funded in whole or in part by federal sources shall include the language below to acknowledge the federal government's participation in the project. "This (booklet, pampWet, video, paper, etc. as appropriate) was funded in part by a Section 319 Nonpoint Source Management Program Implementation grant from the U.S. Environmental Protection Agency through an agreement/contract with the Nonpoint Source Management Section of the Florida Department of Environmental Protection." The Grantee agrees to provide a copy of any draft report and/or fmal report to the Department before making, or allowing to be made, a press release, publication, or other public announcement of the project's outcome. This shall not be construed to be a limitation upon the operation and applicability of Chapter 119, Florida Statutes. 6. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. 7. A. The Department may terminate this Agreement at any time in the event of the failure of the Grantee to fulfill any of its obligations under this Agreement. Prior to termination, the Department shall provide thirty (30) calendar days written notice of its intent to terminate and shall provide the Grantee an opportunity to consult with the Department regarding the reason(s) for termination. (~~'\\ B. The Department may terminate this Agreement for convenience by providing the Grantee with thirty (30) U calendar days written notice. DEP Agreement No. G0200, Page 4 of 10 C. The parties hereto may agree to terminate this Agreement for convenience as evidenced by written amendment of this Agreement. The amendment shall establish the effective date of the termination and the procedures for proper closeout of the Agreement. D. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public access to all documents, papers, letters, or other material made or received by the Grantee in conjunction with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 119.07(1), Florida Statutes. 8. If the Grantee materially fails to comply with the terms and conditions of this Agreement, including any Federal or State statutes, rules or regulations, applicable to this Agreement, the Department may take one or more of the following actions, as appropriate for the circumstances. A. Temporarily withhold cash payments pending correction of the deficiency by the Grantee. B. Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance. C. Wholly or partly suspend or terminate this Agreement. D. Withhold further awards for the project or program. E. Take other remedies that may be legally available. F. Costs of the Grantee resulting from obligations incurred by the Grantee during a suspension or after termination of the Agreement are not allowable unless the Department expressly authorizes them in the notice of suspension or termination. Other Grantee costs during suspension or after termination which are necessary and not reasonably avoidable are allowable if the following apply. 1. The costs result from obligations which were properly incurred by the recipient before the effective date of suspension or termination, are not in anticipation of it, and in the case of termination, are noncancellable. 2. The cost would be allowable if the Agreement were not suspended or expired normally at the end of the funding period in which the termination takes place. G. The remedies identified above, do not preclude the Grantee from being subject to debarment and suspension under Executive Orders 12549 and 12689. 9. A. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit pmposes during the term of this Agreement and for five years following Agreement completion. In the event any work is subgranted or subcontracted, the Grantee shall similarly require each sub grantee and subcontractor to maintain and allow access to such records for audit pmposes. B. The Grantee agrees that if any litigation, claim, or audit is started before the expiration of the record retention period established above, the records shall be retained until all litigation, claims or audit fmdings involving the records have been resolved and fmal action taken. C. Records for real property and equipment acquired with Federal funds shall be retained for five years following fmal disposition. DEP Agreement No. G0200, Page 5 of 10 ,/""'\ V 10. A. In addition to the requirements of the preceding paragraph, the Grantee shall comply with the applicable provisions contained in Attachment E, Special Audit Requirements, attached hereto and incorporated herein by reference. Exhibit 1 to Attachment E summarizes the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment E. A revised copy of Exhibit 1 must be provided to the Grantee for each amendment which authorizes a funding increase or decrease. If the Grantee fails to receive a revised copy of Exhibit 1, the Grantee shall notify the Department's Grants Development and Review Manager at 850/245-2361 to request a copy of the updated information. B. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment E, Exhibit 1 when making its determination. For federal fmancial assistance, the Grantee shall utilize the guidance provided under OMB Circular A-B3, Subpart B, Section _.210 for determining whether the relationship represents that of a subrecipient or vendor. For state fmancialassistance, the Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website: https:llaops,fldfs.com/fsaa The Grantee should confer with its chief financial officer, audit director or contact the Department for assistance with questions pertaining to the applicability of these requirements. 11. A. The Grantee shall not subcontract work under this Agreement without the prior written consent of the Department's Grant Manager, unless the subcontractor has been identified in the Grant Work Plan. The Grantee agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the Grantee that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract B. The Grantee agrees to comply with the procurement requirements contained in 40 C.F.R. 31.36 for its selection of subcontractors. C. The Grantee agrees to notify the Department of all subcontractors not identified in the Grant Work Plan no less than twenty days prior to the effective date of the subcontracts for the purpose of approval by the Department. The Grantee agrees to provide the Department with an executed copy of all subcontracts within ten days after the effective date of the agreement. D. The Department of Environmental Protection supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. The Department will be glad to furnish a list of minority owned businesses for consideration in subcontracting opportunities. 12. A. The Grantee certifies that no Federal appropriated funds have been paid or will be paid, on or after December 22, 1989, by or on behalf of the Grantee, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding, renewal, amending or modifying of any Federal contract, grant, or cooperative agreement. If any non-Federal funds are used for lobbying activities as described above, the Grantee shall submit Attachment F, Standard Form-LLL, "Disclosure of Lobbying Activities" and shall file quarterly updates of any material changes. The Grantee shall require the language of this certification to be included in all subcontracts, and all subcontractors shall certify and disclose accordingly. [40 CFR 34] ca B. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds \ provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state 1 y U agency. '~ DEP Agreement No. G0200, Page 60f10 C. Pursuant to the Lobbying Disclosure Act of 1995, any organization described in Section 501(c)4 of the Internal Revenue Code of 1986 shall not be eligible for subgrants under this Agreement, unless such organization warrants that it does not, and will not, engage in lobbying activities prohibited by the Act as a special condition of the sub grant. This restriction does not apply to loans made pursuant to approved revolving loan programs or to contracts awarded using proper procurement procedures. D. The Grantee's Chief Executive Officer shall certify that no funds provided under this Agreement have been used to engage in the lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. The Grantee shall submit Attachment G, "Lobbying and Litigation Certificate" to the Department within ninety (90) days following the completion of the Agreement period. 13. The Grantee shall comply with all applicable federaJ, state and local rules and regulations in performing under this Agreement. The Grantee acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The Grantee further agrees to include this provision in all subcontracts issued as a result of this Agreement. 14. The Department's Grant Manager (which may also be referred to as the Department's Project Manager) for this Agreement is identified below. .state.f1.us 15. The Grantee's Grant Manager for technical matters (which may also be referred to as the Grantee's Project Manager) for this Agreement is identified below. The Grantee's Grant Manager for administrative matters (which may also be referred to as the Grantee's Project Manager) for this Agreement is identified below. DEP Agreement No. G0200, Page 7 of 10 @ 16. To the extent required by law, the Grantee will be self-insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of his employees connected with the work of this project and, in case any work is subcontracted, the Grantee shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Grantee. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of his employees not otherwise protected. 17. The Grantee, as an independent contractor and not an agent, representative, or employee of the Department, agrees to carry adequate liability and other appropriate forms of insurance. The Department shall have no liability except as specifically provided in this Agreement. 18. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 19. The purchase of non-expendable personal property or equipment costing $1,000 or more is not authorized under the terms of this Agreement. 20. The Department may at any time, by written order designated to be a change order, make any change in the work within the general scope of this Agreement (e.g., specifications, timeline within current authorized Agreement period, method or manner of performance, requirements, etc.). All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change order, which causes an increase or decrease in the Grantee's cost or time, shall require formal amendment to this Agreement. 21. The Hotel and Motel Fire Safety Act of 1990 (Public Law 101-391) establishes a number of fire safety standards which must be met for hotels and motels. The Grantee acknowledges that Federal funds may not be used to sponsor a conference, meeting, or training seminar held in a hotel or motel which does not meet the requirements of the Hotel and Motel Fire Safety Act of 1990. 22. If the Grantee's project involves environmentally related measurements or data generation, including the development of models that may be used in regulatory decisions, the Grantee shall develop and implement quality assurance practices consisting of policies, procedures, specifications, standards, and documentation sufficient to produce data of quality adequate to meet project objectives and to minimize loss of data due to out-of-control conditions or malfunctions. All sampling and analyses performed under this Agreement must conform with the requirements set forth in Chapter 62-160, Florida Administrative Code, and the Quality Assurance Requirements for Department Agreements, attached hereto and made part hereof as Attachment H, Quality Assurance Requirements. 23. A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at 850/487- 0915. 24. A. ceJ In accordance with Executive Order 12549, Debarment and Suspension (40 CFR 32), the Grantee agrees and certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency; and, that the Grantee shall not knowingly enter into any lower tier contract, or other DEP Agreement No. G0200, Page 8 of 10 covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction, unless authorized in writing by EP A to the Department. B. Upon execution of this Agreement by the Grantee, the Grantee shall complete, sign and return a copy of the form entitled Attachment I, "Certification Regarding Debarments, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Federally Funded Transactions". c. As required by paragraphs A and B above, the Grantee shall include the language of this section, and Attachment I in all subcontracts or lower tier agreements executed to support the Grantee's work under this Agreement. 25. The Environmental Protection Agency and Department, reserve a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for government purposes: A. The copyright in any work developed under a grant, sub grant, or contract under a grant or sub grant. B. Any rights of copyright to which a grantee, subgrantee or a contractor purchases ownership with grant support. 26. The Grantee agrees to comply with, and include as appropriate in contracts and subgrants, the provisions contained in Attachment J, Contract Provisions, attached hereto and made a part hereof. In addition, the Grantee acknowledges that the applicable regulations listed in Attachment K, Regulations, attached hereto and made a part hereof, shall apply to this Agreement. 27. Land acquisition is not authorized under the terms of this Agreement. 28. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this AgreeIl1ent shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK. DEP Agreement No. G0200, Page 9 of 10 //--...... ~ IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last written below. CITY OF SEBASTIAN By: Title: * STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By QllVt'1 J?(lCO~ Se. tary o~eslgnee Date: ot/ti/Ob I 10. . ~ Taufi~~~ L b~ Stbtt;;;,- DEP Contracts Administrator ATTEST: Date: Sally A. Maio, MMC - City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Approved as to form and legality: Rich Stringer, City Attorney \'^\ lu (i\ '^" ~ ~ DEp\Attomey FEID No.: 59-6000427 *For Agreements with governmental boards/commissions: If someone other than the Chairman signs this Agreement, a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the governmental board/commission must accompany the Agreement. List of attachments/exhibits included as part of this Agreement: Specify Type Attachment Attachment Attachment Attachment Attachment Attachment Attachment Attachment Attachment Attachment Attachment /~ ~ Letter/ Number ~ l ~ l l l .JL -.lL -L -L l Description (include number of pages) Grant Work Plan (8 Pages) Payment Request Summary Form and Instructions (2 Pages) Contract Payment Requirements (1 Page) Progress Report Form (2 Pages) Special Audit Requirements (5 Pages) Disclosure of Lobbying Activities (2 Pages) Lobbying and Litigation Certificate (1 Page) Quality Assurance Requirements (8 Pages) Certification Regarding Debarment/Suspension (2 Pages) Contract Provisions (3 Pages) Regulations (1 Page) DEP Agreement No. G0200, Page 10 of 10 ATTACHMENT A GRANT WORK PLAN PROJECT: Sebastian's Periwinkle Drive Stormwater Improvements PROJECT FUNDING: $313,000.00 FY05319 $250,000.00 Match LEAD ORGANIZATION: City of Sebastian, Engineering Department CONTACT PERSON: David Fisher, City Engineer City of Sebastian 1225 Main Street Sebastian, FL 32958 Phone 772-589-5490 Fax 772-589-6209 E-mail: dfisher@cityofsebastian.org COOPERATING ORGANIZATIONS: (1) City of Sebastian Engineering Department (2) Indian River Lagoon Program/ SJRWMD (3) St. John's River Water Management District PROJECT ABSTRACT: This project targets approximately 53 acres of drainage basin area consisting of primarily low density residential land use outfalling to the St. Sebastian River, a tributary of the Indian River Lagoon. It is adjacent to Periwinkle Drive which is located in the south central area of the City of Sebastian and includes approximately 17.5 acres of adjacent county citrus grove land, recently annexed in by the City of Sebastian and subject to approved site plans for a low density residential community. Currently, stormwater treatment and management in the City of Sebastian is through swale systems, designed in the late 1950s. These swale systems do not perform to optimum standards due to the hydrologic soil types BID within the area (Hydrologic Soil Types generated by SCS Soil Survey). In accordance with the City's Master Stormwater Management Plan, a 3-acre Best Management Practice wet detention stormwater pond is proposed for construction on a City owned parcel located between Periwinkle Drive, Seashore A venue, and Ocean Breeze Street. The 3-acre wet detention pond will provide a minimum of 4.9 acre-feet of treatment volume and will incorporate a City passive park area. The wet detention facility is anticipated to reduce the pollutant loading, increase the sedimentation of settleable solids, and equalize stormwater flow surges to the St. Sebastian River, a tributary to the Indian River Lagoon system with an established Total Maximum Daily Load (TMDL) and Pollutant Load Reduction Goals (PLRG). A new road crossing culvert will also be installed under Ocean Breeze Street to alleviate localized flooding in that area. The proposed pond is estimated to provide removal efficiencies of 83% for TSS or 799 kilograms (kgs) per year, 49% for Total Phosphorus or 10 kgs per year, 34% for Total Nitrogen or 56 kgs per year, and 32% for BOD or 152.9 kgs per year. Monitoring will be performed to determine the BMP's treatment effectiveness. Based upon the requested grant total and the total estimated load reduction of all modeled pollutants, the unit removal cost is $307/kg. This project is consistent with the established TMDL and PLRG. PROJECT LOCATION AND WATERSHED CHARACTERISTICS: This project is located in the City of Sebastian, a growing community in Indian River County with a current estimated population of 22,000 residents. The proposed project will provide treatment of stormwater runoff in a sub-basin located in Unit #11 (as identified in the City of Sebastian's Master Stormwater Management Plan) with discharge into the St. Sebastian River Watershed, a tributary of the Indian River Lagoon- The Indian River Lagoon and its tributaries are a Non-Point Source (NPS) priority watershed, an Estuary of National Significance included in the National Estuary Program, and a SWIM waterbody. The Indian River Lagoon in this vicinity is an Outstanding Florida Water and Aquatic Preserve. This segment of the Indian River Lagoon and the St. Sebastian River are included on the Section 303( d) list of impaired waters. DEP Agreement No. G0200, Attachment A, Page 1 of 8 /--:\ (\t,\ ()/ -~/ Periwinkle Drive is located within the City of Sebastian. This tributary area is approximately 53 acres in size and is primarily low density residential. It includes approximately 17.5 acres of citrus grove, recently annexed into the City, which discharges into this tributary system in accordance with an approved site plan for a low density residential development. Currently, the only treatment provided in this drainage basin is through a swale system originally designed as a water conveyance system. In accordance with the City's Master Stormwater Management Plan, a 3-acre Best Management Practices wet detention stormwater pond is proposed for construction on an existing City of Sebastian owned parcel located between Periwinkle Drive, Seashore Avenue and Ocean Breeze Street. Watershed Name: Latitude: Longitude: Hydrologic Unit Code(HUC): Indian River Lagoon 274525.90 802854.30 -3080202009 Land Uses within the Watershed (acres and percentages of total): Land US.e Acres % Open 5 9 Orange Grove (Annexed for Low Density 17 33 Residential) Roads 4 8 Sinale Family Residential (currently residential) 27 50 Lan.d Us~ 1"Plctls(A.c;r~agealld %) 53 100 POLLUTION REDUCTION STRATEGY: This project is part of the City of Sebastian's 5-year Stormwater Capital Improvement Master Plan. The ultimate receiving waters are the Indian River Lagoon - segment I.C.l of the Indian River Lagoon as specified in the Indian River Lagoon Surface Water Improvement and Management Plan (IRLSWIM) (Appendix 5, SWIM, revised 1994). The City's stormwater utility uses the SWIM Plan and IRLCCMP as guidance for the City's stormwater program. The concept proposed for 319 funding embraces several of the Actions in the Indian River Lagoon Comprehensive Conservation and Management Plan (IRLCCMP). This urban stormwater retrofit BMP satisfies Actions of the IRLCCMP; i.e.: FSD-4, FSD-6, FSD-ll, FSD-13, W-6, W-7, PIE-2 and PIE-4. On June 30, 2003, the United States Environmental Protection Agency (EP A) released a report entitled "Proposed Total Maximum Daily Load Development for the Northern and Central Indian River Lagoon and Banana River Lagoon, Florida-Nutrients, Chlorophyll a and Dissolved Oxygen." The Total Maximum Daily Loads (TMDLs) discussed in this report were required by the 1999 consent decree entered in the case of Florida Wildlife calling for the TMDLs for these water bodies to be developed by September of 2004. The St. Sebastian River is tributary to these water bodies and is represented in the report as being a component of Water Body Identification (WBID) IR 14. A conversation with EPA staff indicated that this report garnered significant public comment and at present has not been fmalized. The TMDL for the report covers a large area (approximately 2300 square miles), and there was not a specific reference to this particular proposed project.. A conclusion of the report, however, recommends a reduction in nutrient loading to the Indian River Lagoon. The construction of this wet detention facility will aid in such nutrient reduction. There is community-wide involvement in the planning of the City's Capital Improvement Program which includes this project. As with all of the City's major stormwater capital improvement projects, an educational sign will be erected at the site describing the improvements and the need for stormwater management within the City for resource protection ~--,,(FSD-ll, PIE-3, PIE-4). \!'!.9 DEP Agreement No. G0200, Attachment A, Page 2 of 8 In addition, the City, in it's NPDES permit application, has committed to implement an ongoing program to educate the public in pollution prevention by outlining proper methods of fertilization, pesticide use, lawn and swale care, and proper disposal of used oils and recyclable materials. This educational program will include articles in the City's quarterly newsletter, the City of Sebastian Stormwater Web Page, and programming and announcements through the local community government television channel. The City is also planning to initiate a cooperative educational program at the local middle school to include active participation of the students and to hold future public education activities with support from the local Environmental Learning Center, Florida Yards and Neighborhoods, and the Audubon Society. The Sebastian Municipal Golf Course (City owned) will be encouraged to join the Audubon Cooperative Sanctuary Program (ACSP) of Golf. This program provides assistance and education that often results in golf courses reporting enhancement of natural environments and a reduction in water and chemical use. PROJECT OBJECTIVE(S): The primary objective of this project is to provide water quality treatment for currently untreated stormwater discharges to the St. Sebastian River. The proposed project will also provide flood protection improvements in areas where needed. More specific objectives to be achieved by the project include: Managing excessive freshwater inflows from point and non-point sources to minimize the impacts on salinity within receiving waters. Decreasing inputs of suspended materials from point and non-point sources. Decreasing inputs of nutrient inflows from point and non-point sources. Providing removal efficiencies of 83% for Total Suspended Solids or 799 kilograms (kgs) per year, 49% for Total Phosphorus or 10 kgs per year, 34% for Total Nitrogen or 56 kgs per year and 32% for BOD or 152.9 kgs per year. This project is consistent with the TMDL and PLRG reduction goals Match for this project will be provided through the City's Stormwater Utility Bonds backed by funding from Stormwater Utility Fees. Single family residents equivalent to 1 ERU are charged a fee of$4/month or $48/year. PROJECT DESCRIPTION: The St. Sebastian River has been identified by the Indian River Lagoon National Estuary Program and the Indian River Lagoon SWIM Program as a priority waterbody in need of water quality rehabilitation and protection (IRLNEP, 1996; SJRWMD and SFWMD, 1994). It is a major tributary of the Indian River Lagoon. Agricultural lands west of Sebastian account for a major portion of the run-off to the watershed and contribute significantly to the stormwater discharge through man-made drainage systems to the St. Sebastian River. The City of Sebastian is the primary urban center situated along nearly 9 miles of the lower eastern and southern banks of the St. Sebastian River and occupying approximately 9000 acres of the overall100,000-acre Sebastian River Watershed. In the late 1950's, General Development Corporation established a streets and drainage infrastructure to support development of approximately 15,000 single-family home sites, Nearly half of these home sites are not yet developed. The City of Sebastian is presently experiencing a dramatic population growth, far greater than other areas in the watershed. This rapid growth is expected to continue for the foreseeable future. The City's existing storm drainage system, designed in the late 1950's, is deemed inadequate for total flood control or the full impacts of stormwater on the St. Sebastian River and Indian River Lagoon. The majority of the City's stormwater run-off is delivered by a system of canals, ditches, and swales to the St. Sebastian River and ultimately to the Indian River Lagoon. Initially installed to 1950's standards during the early phases of the land development, this existing system does not provide the stormwater storage or treatment required by present day development standards. It has been suggested that increases in turbidity as a result of non-point source pollution throughout the Indian River Lagoon have greatly reduced the area suitable for seagrass growth. The grass beds immediately south of the St. Sebastian River have consistently become more fragmented over time, There has also been an overall reduction in the total grass ~_ bod acreago and docrea", m tho rnaxinnnn dopth of tb"" bod.. tlrrooghoot tire Indllm Rim Lagooo. ~'.1. ,'r1 ~ )' DEP Ag,eement No. G0200, Attachment A, Page 3 of 8 ~ In 1994 the St. Johns River Water Management District (SJWMD) and the South Florida Management Water District (SFWMD) identified a number of basin-specific concerns for the St. Sebastian River watershed. The principal concern has to do with the considerable inputs of freshwater and its effects on the salinity within the receiving waters. Excessive freshwater drainage into the estuarine waters may result in species shifts that disrupt ecologically and economically important nursery areas. In addition, there is concern regarding increased suspended matter and nutrient loading associated with this freshwater input. This non-point source pollution may degrade water quality and affect local seagrass and shellfish populations. The City of Sebastian, through its Master Stormwater Management Plan has identified a number of Capital Improvement Projects to specifically address the quantity and quality impacts of the City's stormwater on the St. Sebastian River. One of the identified projects is the construction of the Periwinkle Drive Best Management Practice wet detention pond to reduce the pollutant loading and fresh water discharge to the St. Sebastian River and the Indian River Lagoon. Proposed Activities: This project targets an approximately 53-acre drainage basin consisting primarily of low density residential land use outfalling to the St. Sebastian River, a tributary of the Indian River Lagoon. The subject project location is on Periwinkle Drive located in the south central area of the City of Sebastian and includes approximately 17.5-acres of adjacent county citrus grove recently annexed into the City for low density residential and subject to approved site plans. Currently, the only treatment provided in this basin is though the swale system designed in the late 1950s primarily as a conveyance system. In accordance with the Master Stormwater Management Plan, a 3-acre Best Management wet detention stormwater pond is proposed for construction on a City-owned parcel with a design calling for a City passive park area located between Periwinkle Drive, Seashore Avenue, and Ocean Breeze Street. The increased wet detention with littoral zone is expected to reduce the pollutant loading, increase the sedimentation of sette able solids, and equalize stormwater flow surges to the Sebastian River. A new road crossing culvert will also be installed under Ocean Breeze Street to alleviate localized flooding, Construction Activities will include: .. Construction of a 3.0 acre wet detention facility for stormwater treatment with 4:1 side slopes from top of bank (TOB EL. 20.0) to 2-ft below normal water levels, then 2: 1 to bottom of pond. Construction ofa storm water control structure/weir, weir crest eI18.0, control el. 16.0. .. .. Installation of new stormwater piping and catch basins. .. Rough and [mal site grading. .. Construction of erosion control measures on the outfall from the proposed pond. REMAINDER OF P AGE INTENTIONALLY LEFT BLANK ~-~ I I X ~ DEP Agreement No. G0200, Attachment A, Page 4 of 8 ESTIMATED POLLUTANT LOAD REDUCTION: BMPs Insta]led TP TN Sediment BOD -~a~:~ Other.. J{g/yr kg/yr kg/yr ki;JlYi' kg/yr ...... tIl Pre-Project 959 20 165 483 'tl 111 0 Post-Project 160 10 109 330 ..J ... c Load S 799 10 56 153 ~ Reduction '0 a. % Reduction 83 50 34 32 ..... .... mr Other TN Sediment BOD kg/'lr kg/yr kgIyr kg/yr tIl Pre-Project 'tl 111 0 Post-Project ..J ... c Load S .2 Reduction '0 a. % Reduction TN - ... BOD -= .~~7~~ · i. kg/yr kg/yr > . ... tIl Pre-Project 'tl 111 0 Post-Project ..J ... c Load S .2 Reduction '0 a. % Reduction TOTAL TN Sediment BOD \~~7~~ .. .....~~~~....... kgIyr ~g/yr kg/yr .. tIl Pre-Project 'tl 111 0 Post-Project ..J ... c Load S .2 Reduction '0 a. % Reduction MODEL USED: The water quality model used to estimate pollution loading for both existing and proposed cases was the public domain model, Watershed Management Model (WMM). This model and documentation is available at the following web site: http://www.rougeriver.com/proddata/wmm.html. WMM is a user friendly database model that simulates the generation and pollutant loads from a number of sources. The model uses land use categories with associated event mean concentrations (EMC) to simulate annual pollutant loading. The model is also capable of simulating the reduction of pollutant load with the inclusion of BMPs. BMPs are inclUded~ as user defmed removal efficiencies. EMC values were obtained from the CDM Southeast United States EMC databas ~ C\ DEP Agreement No. G0200, Attachment A, Page 5 of 8 \ and Harvey Harper's publication "Stormwater Loading Rate Parameter for Central and South Florida, Revised October 1994". BMP removal efficiencies were based upon CDM publications and were selected as the midpoint in the reported range. Following are the removal efficiencies used in the modeling. For swales: BOD removal - 30%, TSS removal - 80%, TP removal - 40% and TN (as TKN and NOx) removal - 40%. For wet detention: BOD removal - 30%, TSS removal- 85%, TP removal- 45% and TN (as TK.N and NOx) removal- 25% and 35% respectively. OUTPUTS/DELlVERABLES: Task 1 - Construction plans and permitting. The City's engineering consultant will coordinate data collection with environmental, geotechnical and survey subconsultants. This data will be used in the design of the proposed cross section and the control structure. Construction plans will be developed and the appropriate permits will be obtained. Deliverables for Task 1 include [mal construction drawings and approved water management district permit. Task 2 - Bidding/Advertisement/Contract - City personnel will prepare, advertise for, send, receive and evaluate bids for the construction of this wet detention pond. The successful construction firm will be awarded the contract and a notice to proceed will follow. Deliverable for Task 2 will include a construction contract with a Notice to Proceed to the selected construction firm. Task 3 - Construction of Stormwater Improvements - The City's selected contractor will excavate the stormwater pond, construct required inflow and outflow infrastructure and any associated facilities (park amenities) as well as replace the culvert under Ocean Breeze Street. Deliverables for Task 3 will include construction administration notebook/file. Task 4 - Grant Project Administration - After the grant has been awarded, City personnel shall provide ongoing monitoring of project schedules to ensure compliance with timelines outlined in the grant application. Required grant quarterly reports to FDEP, construction contract coordination with FDEP, Quality Assurance Monitoring plans, stormwater monitoring plans, and preliminary and final project reports will be written by grant administrator. Deliverables for Task 4 will include quarterly reports to FDEP, stormwater monitoring reports and preliminary and [mal project reports together with a photographic record of construction progress. Task 5 - Water Quality Monitoring Program: Subsequent to the construction of the wet detention pond, samples will be taken during seven (7) to ten (10) rainstorm events with flow activated autosamplers at the inflow and outflow of the newly constructed wet pond. The 2-year monitoring plan will provide data to determine the effectiveness of the newly constructed facility. Deliverables for Task 5 include quarterly monitoring reports. Task 6 - Implementation of Educational Component - The public education component will include coverage of the project in the City of Sebastian's quarterly newsletter, the "Pelican Brief, mailed to residents. The City's web page will also be used as a forum to provide updates on project progress. All forums used for public education will include articles to enlighten and encourage the homeowners to efficiently water, mulch, recycle, fertilize and select the least toxic pest control measures in cooperation with the Florida Yards and Neighborhoods (FYN). In addition, the City of Sebastian will sponsor a minimum of one (1) FDEP Green Industries Training Seminar per year for the education of the local landscape maintenance industries to be held in the new City of Sebastian City Hall Complex. The City will also investigate holding FYN training seminars for Homeowner Associations and local middle and high school students. Deliverables for Task 6 include quarterly newsletters. Task 7 - Draft Report/Final Report - A complete report/informational notebook of grant proposal and administration, construction activities, permitting activities, bidding activities, system monitoring and education component will be provided to FDEP. Deliverable for Task 7 includes draft and [mal reports. The [mal report (5 copies plus 2 CDs) will include annual total load reduction of pollutants. c\\ ~t 5: ;! ~~EP Agreement No. G0200, Attachment A, Page 6 of 8 PROJECT MILESTONES: Task Act.i9"itv. Sta rt porhpl~te 1 Construction Plans and Permittina Month 1 Month 6 2 Bidding/Advertisement/Contract Month 6 Month 8 3 Construction of Stormwater Improvements Month 8 Month 14 4 Grant Administration Month 1 Month 44 5 Water Qualitv MonitorinQ Month 14 Month 38 6 Implementation of Education Component Month 6 Month 38 7 Draft Report/Final Report Month 39 Month 44 PROJECT BUDGET: Proje(:tFul'l~ingA(:tiYity 319.{h) Am911l'lt ..M~~p~ln.g Match.....SOul"ce * Contribution Staff $0.00 $1 3,600.00 Sebastian Stormwater Utilitv (SSU) Travel $0.00 $0.00 Equipment $0.00 $0.00 Supplies $0.00 $0.00 Contractual $31 3,000.00 $1 81",200.00 BMP Implementation MonitorinQ $0.00 $50,200.00 SSU Public Education $0.00 $5,000.00 SSU Other: $0.00 $0.00 SSU Total: $31 3,000.00 $250,000.00 Total Project Cost: $563,000.00 $563,000.00 *If a stormwater utility or other dedicated recurring fee is contributing, put that information in the following table. MATCH SOURCE INFORMATION: Match SOurce Name Sebastian Stormwater Utili Revenue Bond Descri tion Sebastian Stormwater Utility Fee (to bond debt service ERUlFee $48/year/ERU DEP Agreement No. G0200, Attachment A, Page 7 of 8 @ BUDGET BY TASK: Project FundillgActi\iity ~19 (h) Amount Matching Match SOllrce Contribution Task 1 : $0.00 $21,500.00 SSU Survey/Environmental and Geotech. Task 1 : Enqineerinq Desiqn $0.00 $44,192.00 SSU Task 2: Prepare, send, $0.00 $3,600.00 SSU receive, evaluate & award construction bid Task 3: Construction of $313,000.00 $115,508.00 SSU Stormwater Facilities Task 4: Grant Admin $0.00 $0.00 SSU Task 5: Water Quality $0.00 $50,200.00 SSU Monitorinq Task 6: Education $0.00 $5,000.00 SSU Component Task 7: Draft / Final Report $0.00 $0.00 Total: $313,000.00 $250,000.00 Total Project Cost: $563,000.00 $563,000.00 OTHER FUNDING (Not Match - such as land acquisition or other federal grants): Ag~m:Y N/A Activity Total: I Amount OTHER INFORMATION: If this is a multi-year project, have you requested sufficient funds to complete the project (assuming funds requested herein are provided)? (State yes or no, and, if no, provide an explanation): Yes: [8J No: 0 The Lead Organization, as listed on the first page of this form, agrees to comply with all requirements specified in the guidance package and in the federal grant regulations. Checking "no" or "yes, except" will cause the project to have a lower ranking than similar projects by lead organizations that agree to the requirements: Yes: [g] No: D Exceptions: N/A Yes, except: D (Note: List exceptions below.) REFERENCES CITED: City of Sebastian Master Stormwater Management Plan (CDM, 2003) Proposed Total Maximum Daily Load Development for the Northern and Central Indian River Lagoon and Banana River Lagoon, Florida Nutrients, Chlorophyll a and Dissolved Gas (EP A, 2003) Indian River Lagoon Surface Water Improvements Plan (SWIM) (SJRWMD and SFWMD, 1994) Indian River Lagoon Comprehensive Conservation and Management Plan (IRLNEP, 1996) /~~ ~ I -..-, . ~ / 1 ../ t/ EP Agreement No. G0200, Attachment A, Page 8 of 8 GRANTEE: ATTACHMENTB PAYMENT REQUEST SUMMARY FORM GRANTEE'S GRANT MANAGER: DEP AGREEMENT NO.: DATE OF REQUEST: G0200 PAYMENT REQUEST NO.: PERFORMANCE PERIOD: PERCENT MATCHING REQUIRED: AMOUNT REQUESTED:$ GRANT EXPENDITURES SUMMARY SECTION [Effective Date of Grant through End-of-Grant Period] AMOUNT OF TOTAL MATCHING CATEGORY OF EXPENDITURE TIDS REQUEST CUMULATIVE FUNDS PAYMENTS TOTAL CUMULATIVE MATCIllNG FUNDS Salaries $N/A $N/A $ Fringe Benefits $N/A $N/A $N/A Travel (if authorized) $N/A $N/A $N/A Subcontracting: Contractual Services $ $ $ BMP Implementation $ $ $ Monitoring $N/A $N/A $ Public Education $N/A $N/A $ Equipment Purchases $N/A $N/A $N/A Supplies/Other Expenses $N/A $N/A $N/A Land $N/A $N/A $N/A Indirect $N/A $N/A $N/A TOTALS $ $ $ AGREEMENT AMOUNT $ $ Less Total Cumulative Payments of: $ $ TOTAL REMAINING IN GRANT $ $ GRANTEE CERTIFICATION $ $N/A $N/A $ $ $ $ $N/A $N/A $N/A $N/A $ The undersigned certifies that the amount being requested for reimbursement above was for items that were charged to and utilized only for the above cited grant activities. Grantee's Grant Manager's Signature Grantee's Fiscal Agent Print Name Print Name Telephone Number Telephone Number DEP 55-223 (02/04) DEP Agreement No. G0020, Attachment B, Page 1 of 2 /~ INSTRUCTIONS FOR COMPLETING ATTACHMENT B PAYMENTREQUESTS~ARYFORM GRANTEE: Enter the name of the grantee's agency. DEP AGREEMENT NO.: This is the number on your grant agreement. DATE OF REQUEST: This is the date you are submitting the request. AMOUNT REQUESTED: This should match the amount on the "TOTAL AMOUNT" line for the "AMOUNT OF THIS REQUEST' column. GRANTEE'S GRANT MANAGER: This should be the person identified as grant manager in the grant agreement. PAYMENT REQUEST NO.: This is the number of your payment request, not the quarter number. PERFORMANCE PERIOD: This is the beginning and ending date of the invoice period. PERCENT MATCHING REQUIRED: Enter your match requirement here. GRANT EXPENDITURES SUMMARY SECTION: "AMOUNT OF TIDS REQUEST" COLUMN: Enter the amount that was paid out during the invoice period. This must be by budget category as in the currently approved budget in the current Grant Work Plan of your grant Agreement. Do not claim expenses in a budget category that does not have an approved budget. Do not claim items that are not specifically identified in the current Budget Narrative section of the current Grant Work Plan. Enter the column total on the "TOTALS' line. Enter the budget amount on the "AGREEMENT AMOUNT' line. Enter the total cumulative amount of this request and all previous payments on the "LESS TOTAL CUMULATIVE PAYMENTS OF' line. Deduct the "LESS TOTAL CUMULATIVE PAYMENTS OF' from the "AGREEMENT AMOUNT' for the amount to enter on the "TOTAL REMAINING IN GRANT' line. "TOTAL CUMULATIVE PAYMENTS" COLUMN: Enter the cumulative amounts that have been paid to date for expenses by budget category. The fmal report should show the total of all payments, first through the fmal payment, etc. Enter the column total on the "TOTALS' line. Do not enter anything in the shaded areas. "MATCHING FUNDS" COLUMN: Enter the amount to be claimed as match for the invoice period. This needs to be shown under specific budget categories according to the currently approved Grant Work Plan. Enter the total on the "TOTALS' line for this column. Enter the match budget amount on the "AGREEMENT AMOUNT' line for this column. Enter the total cumulative amount of this and any previous match claimed on the "LESS TOTAL CUMULATIVE PAYMENTS OF' line for this column. Deduct the "LESS TOTAL CUMULATIVE PAYMENTS OF' from the "AGREEMENT AMOUNT' for the amount to enter on the "TOTAL REMAINING IN GRANT' line. "TOTAL CUMULATIVE MATCHING FUNDS" COLUMN: Enter the cumulative amount you have claimed to date for match by budget category. Put the total of all on the line titled "TOTALS." The fmal report should show the total of all claims, first claim through the final claim, etc. Do not enter anything in the shaded areas. GRANTEE CERTIFICATION: Must be signed by both the Grantee's Grant Manager as identified in the grant agreement and the Grantee's Fiscal Agent. NOTE: If claiming reimbursement for travel, you must include copies of receipts and a copy of the travel reimbursement form approved by the Department of Financial Services, Chief Financial Officer. /---..~ (154 ) .....~ DEP 55-223 (02/04) DEP Agreement No. G0020, Attachment B, Page 2 of 2 ATTACHMENT C Contract Payment Requirements Florida Department of Financial Services, Reference Guide for State Expenditures (January 2005) Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.) Supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved contract budget should be reimbursed. Contracts between state agencies, and or contracts between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports. (1) Salaries: Listed below are examples of types of documentation representing the minimum requirements: (2) Fringe Benefits: (3) Travel: (4) Other direct costs: (5) In-house charges: (6) Indirect costs: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. The Florida Department of Financial Services, Reference Guide to State Expenditures (January, 2005) can be found at the following web address: http://www.fldfs.comlaadir/reference%5Fguide/. Revised 7/2006 DEP Agreement No. G0200, Attachment C, Page 1 of 1 @ ATTACHMENTD PROGRESS REPORT FORM DEP A2reement No.: G0200 Grantee Name: Grantee Address: Grantee's Grant Mana2er: I Telephone No.: I Quarterly Reportin2 Period: Pro.iect Number and Title: Provide a summary of project accomplishments to date. (Include a comparison of actual accomplishments to the objectives established for the period. If goals were not met, provide reasons why.) Provide an update on the estimated time for completion of the project and an explanation for any anticipated delays. Provide any additional pertinent information including, when appropriate, analysis and explanation of cost overruns or high unit costs. ~ ~~/ DEP Agreement No. G0200, Attachment D, Page 1 of 2 (continued from page 1) Identify below, and attach copies of, any relevant work products being submitted for the project for this reporting period (e.g., report data sets, links to on-line photographs, etc.) Summarize and provide supporting documentation regarding your efforts in meeting the MBE/WBE requirements contained in paragraph S.B. of the Agreement Provide a project budget update, comparing the project budget to actual costs to date. Expenditures Prior to this Expenditures Budget Total Project Reporting this Reporting Project Funding Category Budget Period Period Balance This report is submitted in accordance with the reporting requirements ofDEP Agreement No. G0200 and accurately reflects the activities and costs associated with the subject project. Signature of Grantee's Grant Manager Date DEP Agreement No. G0200, Attachment D, Page 2 of 2 ~ ~~/ ATTACHMENT E SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject to audits anellor monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defmed by OMB Circular A-133, as revised, anellor other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions ofOMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1. the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at httn://12.46.245.173/cfda/cfda.html. @' / /'\~~ J DEP 55-215 (04/06) DEP Agreement No. G0200, Attachment E, Page 1 of 5 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defmed by Section 215.97(2)(m), Florida Statutes. 1. In the event that the recipient expends a total amount of State financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates State fmancial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the State financial assistance expended in its fiscal year, the recipient shall consider all sources of State fmancial assistance, including State financial assistance received from the Departinent of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a fmancial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $500,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in State financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non-State entity's resources (i,e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at https://apps.fldfs,com/fsaa/ or the Governor's Office of Policy and Budget web site located at http://www.ebudget.state.fl.us/for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website htto://www.leg.state.fl.us/W elcome/index.cfm, Governor's Website http://www.mvflorida.com/. Department of Financial Services' Website http://www.fldfs.com/and the Auditor General's Web site htto:/ /www.state.fl.us/audgen/pages/flsaa.htm. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i,e" the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215,97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.} PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this Attachment shall be submitted, when required by Section .320' (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each ofthe following: DEP 55-215 (04/06) DEP Agreement No. G0200, Attachment E, Page 2 of 5 r:-~C\\ ~y A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(l) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 3. Copies of [mancial reporting packages required by P ART II of this Attachment shall be submitted by or on behalf of the recipient directlv to each of the following: A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 REMAINDER OF P AGE INTENTIONALLY LEFT BLANK ~~ (DC) ~_~1,EP 55-215 (04106) DEP Agreement No. G0200, Attachment E, Page 3 of 5 4. Copies of reports or management letters required by P ART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-B3, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-B3, or Chapters 10.550 (local governmental entities) or 10,650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF P AGE INTENTIONALLY LEFT BLANK DEP 55-215 (04/06) DEP Agreement No. G0200, Attachment E, Page 4 of 5 -I '.~\' , \ -o./~ "--,/ .-4 I ~ ~ ~ ~.. ~ il< ~ ...... ~ U ~ ~ ~ o ~ ~ ~ < ~ < ~ ~ - = I 1 0 ..0 ;> ~.~ ~ ~ ti8'.sg I-<"'~ AU ...... ~ ~ ]~ ] g~ . M g;:;:; ~~ cj t-- ~ ~ 0 :j 0 ~ ~ bj CIl r.l :r:: ~ .... = l'S ~ .... I-< ~ t3 ~ C) oS ..2 = ~ ~ Q .... 0 .~ ~ ..... ..0 u:J ~ '" ...... oS u:J C.l <1:: .c:l Q 5 .... 0 8 ..... ~ ~ U Q u..2 C.l .... S' .c ~ .~ .... '" ..... = ...... Q Q (I) .... ~ u 0 .~ ~ .... ~ '" ~ = = C.l u:J Q e ,s u C.l .... < C.l 0 = 61 g. C.l u:J e ...... < 0 15 '" z t :a - 61 ~ .... f-- < Q .... 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C.I .~ ,.Q = 00 ~ ] ] ~ = o ..0 :8 o CIl (I) o I-< II.l o 0 ~ u:J t ~ '" C.l r.l "" = => ~..2 ~ ot:: .~ ~ .... ~ ~CI.l oSu ~ C.l .c:l .... ..... => .... .~ '" = Q U == < ~ E ~1 t Uz 61 <L- '" .... .c .... => .... .... = l'S = '" "" = ~- .... = <!) :9 r.l ~ C.l ;S E "d C.l "d "" ~ ~ ta .s~ ~...... u:J '" o CIl ~ II.l o ~ o u:J .s ] I I I I 1 - f-- <~-o o~~ eJ .~ '-'~] II.l 0....... g ~.o ~ob;; .~ ..s ~ ~ ~ 0 < e'~ .0 .c:l 1:: .0 0 <l) ~ ;; '0.. S 1AOG o ~ e o '" <l) -~;9 ~ a >, -00..0 <l)O-o ~~<l) .... -0 .!:l OG::= 0000"' ..9 Ii e ~ !ir fS ~ :::::::: +- U <Ii S J3g<>, ,s6~ -0<0 ]~~ ..... u:J 0 ~8~ <l) CIl -088 ~ B.E (I) CIl <l) d ..... CIl E~"" !:l < 0 0= _ g, g'o~ 0 I-< g ~ ~~t bh~ ~ o <l) = !=: .... 0 ....."'u ~ti<l) .........c:l ;9 .... ..... 0 ,S ~ g,o-o .o'3.g p..o:I.E! SUo o ",oS u -0 (I) ::;.g ;; ~~"2 .... CIl = ~ = .~ +:3 t1.> 0..1-<..0 '0 0 0 <l) ;0 .... I-< 1a ~ J3 ~!] ~c<3<l) -0<8;9 ~~-B .E <8 :E .... ~ ~ ~MI-< ~<B ~ .n ~ I-<;:t. CIl 0 00" ~ot 8 ..0 '" o..~ ~ .c:lN...e-s ~s ~ U <l) o..~ <l) 1-<g<i::;9 ~6<l) d CIl ,~ .... G'= o C.l ~ e e~ 'I) "" ~~ 'I)~ !iJ.~ Q~ o o o o o Mn ...... M ~ I- -0 ~ < '3 o ~ I/'l ..... Q I/'l C.l ~ ~ ~ ~ .... = C.l S .c:l C.I ~ .... .... < = => N => ~ = z I ATTACHMENT F Approved by OMB 0348-0046 DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobbying activities pursuant to 31 V.S.C. 1352 (See reverse for public burden disclosure,) 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: D a. contract b. grant c. cooperative agreement d. loan e. loan guarantee f. loan insurance D a. bid/offer/application b, initial award c, post-award D a. initial filing b. material change For Material Change Only: year quarter date of last report 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No.4 is Subawardee, Enter Name and Address of Prime: o Prime o Sub awardee Tier , if known: Congressional District, if known: Congressional District, if known: 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number, if applicable: 8. Federal Action Number, ifknown: 9. Award Amount, ifknown: $ 10. a. Name and Address of Lobbying Entity (if individual, last name, first name, MI): b. Individuals Performing Services (including address if dif.ferentfrom No. lOa) (last name, first name, MI): (attach Continuation Sheet(s) .......:.:.:.:. . . .... . . .... . . . ,s. . . . . . " " .. 11. Information requested through this form is authorized by ti.tIe 31 U.S.c. section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 D.S.C. 1352. This information will be reported to Congress semi-annually and will be available for public inspection. Any person wbo fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signature: Print Name: Title: Telephone No.: Date: Federal Use Only: Authorized for Local Reproduction Standard Fonn - LLL (Rev 7 - 97) Form DEP 55-221 (01/01) DEP Agreement No. G0200, Attachment F, Page 1 on @ INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether sub awardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 V.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by the reporting entity for this covered Federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be, a prime or subaward recipient. Identify the tier of the sub awardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, sub grants and contract awards under grants. 5. If the organization filing the report in item 4 checks "Subawardee", then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI). 11. The certifying official shall sign and date the form, print his/her name, title and telephone number. According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducin this burden, to the Office of Mana ement and Bud et, Pa erworkReduction Pro'ect 0348-0046, Washin on, D.C. 20503. ~----\FOrmDEP 55-221 (01/01) [toLl) .' -----/ DEP Agreement No. G0200, Attachment F, Page 2 on ATTACHMENT G F"""Ap-"OMll NO::i03l.Ql2lApp..w.E.pu., l211lm LOBBYING AND LITIGATION CERTIFlCATE* &EPA I hereby certifY that none of these funds have been used to engage in the lobbying of the Federal Government orin litigation against the United States unless authorized nnder existing law. Assistance Agreement Number(s)** Chief Executive Officer Date "'Complete this form pursuant to the 2001 Department of Veterans Affairs and Housing and Urban Development, and Independent Appropriations Acts, Public Law 106-277, Section 424 and 2000 Department of Veterans Affairs and Housing and Urban Development, and Independent Appropriations Acts, Public Law 106-74, Section 426 and any other subsequent Appropriation Act requirements. """If certifYing for more than one grant number and more space is needed, please list additional numbers in the space provided below: Please mail this form to your Grant Specialist. . DO NOT send this information to the Offiee ofManagcmcnt & Budget. Burden Statement- The llIl!1ualpublic reporting and record keeping burden for this collection ofinfonnation is estimated to average 5 minutes perrespondcnt. Burden means the total time, effurt, or financial resourceS expended by persons to ~enerate, maintain, retain. or disclosc or provide information to or fora Federalll3ency. This includes the tim.e needed to review IJlstructions; devdop, acquire, inslall, and utilize tcclmologyand systcmsfor the purposes of collecting, validaling, and verifyinginfonnation, processing and rlI!lintaining infQrmation, and disclosing arid providing information; adjust the existing ways to co~lywith :illY previously applicable instructions :Illdrequircmcnts; U'Din pe!SoMel to be able to respond to a collection ofinfocmation; scarch data SOlrces; cOlWlete and review the 4:o11ection of information; and transmit or otherwise dis~lose the infonnauon. Anagcncy may not conduct or spons(X',and a person is not required toresp\lud to, a ~ollection ofinfotrIlation unless it displays a eurrenlly valid OMB 4:Ord:r'Ol nmnber. The OMB oonlrol nmnbers for EPA's regulalionsarc listed in 40 CPR Part 9 and 48 CPR Chapter 15. Send CoeIlmcnts on the Agency's need for this informatiro,the ac4:umey Qfthe provided burden estimates, and any suggested methods for minimizing respondent lnrdcn, including through the use of automated oonection tcdmiqucs to the Director, RegulatoryInfonnation Division. U.S. EnvironmCl1tal Protection Agency (2137), 401 M. St., S.W. WllSmngton, D.C. 20460; and to the Office ofInfQtrIlation:llld Regulatory Affairs, Office ofManagcrneut and Budget, 72.5 17th Street, NW, Washington, DC 20503, Attention: Desk Officerfor EPA. Include the EPA ICR number and OMB control numbc:r in any oorrespondcnce. EPA Form 5700-53 (Rev. 2-02) DEP Agreement No. G0200, Attachment G, Page 1 of 1 @ ATTACHMENT H Quality Assurance Requirements For Federally Funded NPS BMP Monitoring Agreements ~ l~/ Revised 1/4/06 DEP Agreement No. G0200, Attachment H, Page 1 of 8 1. All sampling and analyses performed under this Contract must conform to the requirements set forth in Chapter 62-160, Florida Administrative Code (F.A.C.) and "Requirements for Field and Analytical Work performed for the Department of Environmental Protection under Contract" (DEP-QA-002/02), February 2002. 2. LABORATORIES a. The CONTRACTOR shall ensure that all laboratory testing activities are performed by laboratories certified by the Florida Department of Health Environmental Laboratory Certification Program (DoH ELCP) for all applicable matrix/method/analyte combinations to be measured. b. If the laboratory is not certified for some or all of the proposed test measurements, the laboratory shall apply for certification within one month of Contract execution between the laboratory and the CONTRACTOR. Within six months of this Contract execution, the laboratory shall be fully certified for all applicable matrix/method/analyte combinations to be performed. Regardless of when the laboratory receives certification, the laboratory must implement all applicable standards of the National Environmental Laboratory Accreditation Conference (NELAC) upon Contract execution. c. Laboratories shall maintain certification as specified in item 2.a above during the life of the Contract. Should certification for an analyte or test method be lost, all affected tests shall be immediately sub- contracted to a laboratory with current DoH ELCP certification in the appropriate matrix/method/analyte combination(s). The CONTRACTOR shall notify the DEP contract manager in writing before any change to a sub-contracted laboratory is made. d. A copy of the DoH ELCP Certificate and the associated list of specific fields of accreditation for each contracted or sub-contracted laboratory shall be provided to the DEP contract manager upon Contract execution or upon receiving DoH certification (see items 2.a and 2.b above). e. The CONTRACTOR shall ensure that an acceptable initial demonstration of capability (IDOC), as described in Appendix C of Chapter 5 of the NELAC Standards is performed. Each laboratory that performs any of the proposed matrix/method/analyte combination(s) must have the requisite IDOC documentation and supporting laboratory records. IDOCs shall be performed before the test procedure is used to generate data for this Contract. If requested by the Department, documentation that supports the IDOC shall be made available for review. f. When performance test samples are not required by DoH ELCP for certification, the laboratory shall obtain, analyze and evaluate performance test samples, standard reference materials (SRM) or other externally assayed quality control (QC) samples, hereinafter known collectively as quality control check (QCC) samples. (i) The laboratory shall ensure that the selected QCC samp1es(s) represent all matrix/method/ana1yte combinations that are not subject to certification requirements. (ii) These samples shall be analyzed at six-month intervals and the results shall be within the acceptable range established by the QCC sample provider. g. Any non-standard laboratory procedures or methods that are proposed for use (i.e., those not approved by DEP for standard environmental analyses) shall be submitted for review and approval in accordance with DEP-QA-001/01, "New and Alternative Analytical Laboratory Methods," February 1, 2004. These procedures or methods shall be approved by the DEP contract manager before use under this Contract and must be cited or described in the required planning document (see Section 6). h. The CONTRACTOR shall ensure that Practical Quantitation Limits (PQLs) and Method Detection Limits (MDLs) required by the Contract are listed in the planning document (see Section 6). 1. The CONTRACTOR shall ensure that the selected laboratory test methods listed in the planning document can provide results that meet the Contract data quality objectives. J. The CONTRACTOR shall ensure that all laboratory testing procedures follow the analytical methods as approved in the planning document (see Section 6). k. The CONTRACTOR shall ensure that the all laboratory quality control measures are consistent with Chapter 5 of the NELAC standards. 1. In addition, the CONTRACTOR shall ensure that the quality control requirements specified in the attached addenda are followed. m. The CONTRACTOR shall ensure that all sample results are calculated according to the procedures specified in the analytical methods approved in the planning document. 3. FIELD ACTIVITIES a. "Sample" refers to samples that have been either collected or analyzed under the terms of this Contract. b. The CONTRACTOR shall ensure that all sample collection and field testing activities are performed in accordance with the Department's "Standard Operating Procedures for Field Activities" (DEP-SOP-001/01, February 1, 2004). The specific standard operating procedures (SOPs) to be used for this Contract shall be cited in the planning document (see Section 6). c. Any non-standard field procedure shall be submitted for review and approval to the DEP contract manager in accordance with section FA 2000 of DEP-SOP-001/01. All non-standard procedures and methods must be approved by the DEP contract manager before use under this Contract and must be cited or described in the planning document. d. Per the quality control measures outlined in the DEP SOPs (FQ 1000 and the calibration requirements of the FT -series for field testing), the CONTRACTOR shall ensure that the following field quality controls (and any additional quality control measures specified in the addenda) are incorporated into the project design: (i) Matrix-Related Quality Controls - The CONTRACTOR shall ensure that the laboratory is provided with sufficient sample volume to analyze at least one set of matrix spikes and either matrix spike duplicates or laboratory duplicates as follows: (1) The first time a sample from a sample collection matrix (see Table FA 1000-1) is collected; (2) The last time samples are collected for the sample collection matrix. (ii) Field-Generated Quality Control (QC) Blanks - Blanks associated with field activities as defined in FQ 1210 of the DEP SOPs shall be collected according to the requirements ofFQ 1230. (1) If an analyte detected in the sample is also found in any field-generated QC blank: that is associated with the sample, the CONTRACTOR shall investigate and attempt to determine the cause of the QC blank: contamination. The outcome of this investigation shall be reported and shall include a discussion of the corrective measures taken to minimize future occurrences of QC blank contamination. (2) If an analyte detected in the sample is also found in any field-generated QC blank that is associated with the sample, the CONTRACTOR shall ensure that the analyte in the affected sample is reported as estimated ("J" with a narrative explanation) unless the analyte concentration in the affected sample is at least 10 times the reported QC blank value concentration. 4. REpORTING, DOCUMENTATION AND RECORDS RETENTION a. The CONTRACTOR shall ensure that all laboratory and field records as outlined in Rules 62-160.240 and .340, F.A.C. are retained for a minimum of five years after the project completion. , b. All field and laboratory records that are associated with work performed under this Contract shall be organized so that any information can be quickly and easily retrieved for inspection, copying or distribution. c. The CONTRACTOR shall ensure that all laboratory reports are issued in accordance with NELAC requirements. These reports shall be submitted to the DEP contract manager as part of Quarterly Progress Reports and shall include the following information: ~ Laboratory sample identification (ill) and associated Field ill ~ Analytical/test method ~ Parameter/analyte name ~ Analytical result (including dilution factor) ~ Result unit ~ Applicable DEP Qualifiers per Table 1 of Chapter 62-160, F.A.C. ~ Result cornment(s) to include corrective/preventive actions taken for any failed QC measure (e.g., QC sample, calibration failure, etc,) or other problem related to the analysis of the samples ~ Date and time of sample preparation (if applicable) ~ Date and time of sample analysis ~ Results of laboratory verification of field preservation ~ Sample matrix ~ DoH ELCP certification number for each laboratory (must be associated with the test result(s) generated by the laboratory) ~ MDL ~ PQL ~ Sample type (such as blank type, duplicate type, etc.) Revised 1/4/06 DEP Agreement No. G0200, Attachment H, Page 2 of 8 cV .~ / \ (~ ~ Field and laboratory QC blank results: · Laboratory QC blank analysis results as required by the method, NELAC Chapter 5 and the planning document (see Section 6 below); · Field quality control results including trip blanks, field blanks, equipment blanks, and field duplicates (or replicates) as specified in the planning document (see Section 6) ~ Results of sample matrix spikes, laboratory duplicates or matrix spike duplicates, as applicable ~ Results of surrogate spike analyses (if performed) ~ Results of laboratory control samples (LCS) ~ Link between each reported quality control measure (e.g., QC blanks, matrix spikes, LCS, duplicates, calibration failure, etc.) and the associated sample result(s) ~ Acceptance criteria used to evaluate each reported quality control measure d. The CONTRACTOR shall ensure that the following field-related information is reported to the DEP contract manager: ~ Site and/or stormwater BMP name ~ Field ill for each sample container and the associated analytes (test methods) for which the container was collected ~ Date and time of sample collection ~ Sample collection depth, if applicable ~ Sample collection method identified by the DEP SOP number, where applicable ~ If performed, indicate samples that were filtered ~ Field test measurement results, if applicable: . DEP SOP number (FT-series), where applicable . Parameter name . Result . Result unit . Applicable Data Qualifiers per Table 1 of Chapter 62-160, F.A.C. ~ Narrative comments discussing corrective/preventive actions taken for any failed QC measure (e.g., blank contamination, meter calibration failure, split sample results, etc.), unacceptable field measurement or other problems related to the sampling event. e. The CONTRACTOR shall submit the lab and field data above electronically in either Excel or Access format. 5. AUDITS a. AUDITS BY THE DEPARTMENT - Pursuant to Rule 62-160.650, F.A.C., the Department may conduct audits of field and/or laboratory activities. In addition to allowing Department representatives to conduct onsite audits, the CONTRACTOR, upon request by the Department, must provide all field and laboratory records pertinent to the contracted field and laboratory activities. If an audit by the Department results in a determination that the reported data are not usable for the purpose(s) or do not meet the data quality objectives specified by the Contract, the DEP contract manager shall pursue remedies available to the Department, including those outlined in Section 8 below. b. PLANNING REVIEW AUDITS - (i) Initial: Within 15 days of completing the first sampling and analysis event, the CONTRACTOR and all associated subcontractors shall review the planning document (see Section 6 below) relative to the completed field and laboratory activities to determine if the data quality objectives are being met, identify any improvements to be made to the process, and refine the sampling and/or analytical design or schedule. Within one month of the review, a summary of the review, including any corrective action plans or amendments to the planning document, shall be sent to the DEP contract manager and a copy shall be maintained with the permanent project records. (ii) Ongoing: Planning reviews as described in item (i) above shall occur annually. c. QUALITY SYSTEMS AUDITS - The CONTRACTOR and all subcontractors shall ensure that any required laboratory and field quality system and management systems audits are performed according to the respective Quality Manuals for each contracted and sub-contracted entity. These audits shall be documented in the CONTRACTOR's and subcontractors' records. d. STATEMENTS OF USABILITY - As a part of the audit process and the final report, the CONTRACTOR shall provide statements about data usability relative to the Contract Data Quality Objectives and Data Quality Indicators specified in the planning document, this attachment and the addenda. Revised 1/4/06 DEP Agreement No. G0200, Attachment H, Page 3 of 8 (i) The CONTRACTOR shall ensure that all acceptance and usability criteria required by this Contract not specified above are listed in the planning document. (ii) The CONTRACTOR shall ensure that the results of all quality control measures described above are evaluated according to the acceptance criteria listed in this attachment, the addenda and the planning document. (iii) The CONTRACTOR shall ensure that all sample results are evaluated according to the additional usability criteria specified in the planning document. 6. PLANNING DOCUMENT a. The CONTRACTOR shall submit the planning document identified below to the DEP contract manager no later than 120 days prior to the commencement of field and laboratory activities. Failure to submit the planning document in this required time frame shall result in a delay of approval to begin work until the document has been submitted to the Department and approved by the DEP contract manager. The document shall be submitted as a Quality Assurance Project Plan (QAPP) that is prepared in accordance with "EPA Requirements for Quality Assurance Project Plans, EPA QA/R-5", (EPA/240B-01/003 March 2001). b. The CONTRACTOR and subcontractors may submit a version of the planning document to the Department for approval no more than three times. If the CONTRACTOR fails to obtain approval for the planning document after the third (fmal) submission to the Department, the DEP contract manager may suspend or terminate the Contract. c. The DEP Contract number shall appear on the title page of the submitted planning document. Within forty- five (45) days of receipt of the properly identified planning document by the Department, the Department shall review and either approve the planning document or provide comments to the CONTRACTOR and affected subcontractors as to why the planning document is not approved. If further revisions are needed, the CONTRACTOR shall then have fifteen (15) days from the receipt of review comments to respond. The Department shall respond to all revisions to the planning document within thirty (30) days of receipt of any revisions. d. If the review of the planning document by the Department. is delayed, through no fault of the CONTRACTOR, beyond sixty (60) days after the planning document is received by the Department, the CONTRACTOR shall have the option, after the planning document is approved, of requesting and receiving an extension in the term of the Contract for a time period not to exceed the period of delayed review and approval. This option must be exercised at least sixty (60) days prior to the current termination date of the Contract. e. Sampling and analysis for the Contract may not begin until the planning document has been approved. f. Once approved, the CONTRACTOR shall follow the protocols specified in the approved planning document including, but not limited to: ~ Ensuring that all stated quality control measures are collected, analyzed and evaluated for acceptability; ~ Using only the protocols approved in the planning document; and ~ Using only the equipment approved in the planning document. g. If any significant changes in procedures or test methods, changes in equipment, changes in subcontractor organizations or changes in key personnel occur, the CONTRACTOR shall submit appropriate revisions of the planning document to the DEP contract manager for review. The proposed revisions may not be implemented until they have been approved by the DEP contract manager. If the CONTRACTOR fails to submit the required revisions, the DEP contract manager may suspend or terminate the Contract. h. When the approved planning document requires modification, the amendments shall be (i) Provided in a new planning document, or (ii) Provided as amended sections of the current planning document, or (iii) Documented through written or electronic correspondence with the DEP contract manager and incorporated into the approved planning document. 7. DELIVERABLES a. The following lists the expected schedule for the deliverables that are associated with the Quality Assurance requirements of this Contract: (i) Copy of DoH ELCP Certificate(s) and the associated list(s) of specific fields of accreditation, per item 2,d above. Revised 1/4/06 DEP Agreement No. G0200, Attachment H, Page 4 of 8 @ (ii) Non-standard laboratory or field procedures - The CONTRACTOR shall submit to the DEP contract manager all required information necessary for review of non-standard procedures per items 2.h. and 3.b. above. (iii) Reports of planning review audits as specified in item 5.b. above. (iv) Statements of Usability as specified in item 5.d. above. (v) Planning document per Section 6, above. 8. CONSEOUENCES a. Failure to comply with any requirement of this attachment may result in: (i) Immediate termination of the Contract. (ii) Withheld payment for the affected activities. (iii) Contract suspension until the requirement(s) has been met. (iv) A request to refund aheady disbursed payments. (v) A request to redo work affected by the non-compliant activity. (vi) Other remedies available to the Department. @ Revised 1/4/06 DEP Agreement No. G0200, Attachment H, Page 5 of 8 Addendum 1 Quality Control Requirements for Laboratories Performing Chemical Analysis In addition to the quality control requirements outlined in Chapter 5 of the NELAC Standards, the following quality control measures shall be implemented for this Contract. Note: "Sample" refers to samples that have been either collected or analyzed under the terms of this Contract. 1. Matrix-Related Quality Control Samples - The CONTRACTOR shall ensure that samples associated with this Contract are used for matrix spikes, and either laboratory duplicates or matrix spike duplicates. The laboratory shall analyze these samples: a. The first time samples from a sample collection matrix (see Table FA 1000-1) are submitted to the laboratory under this Contract for analysis. The laboratory shall select one or more of the received samples for use in composition of the matrix spike and duplicates. b. The last time samples from the sample collection matrix are received and analyzed. The laboratory shall select one or more of the received samples for use in composition of the matrix spike and duplicates. c. Spike levels must be at the concentrations specified in item 3 below. d. If the selected sample concentration is expected to be below the Contract-specified practical quantitation limit (PQL) listed in the planning document, then matrix spike duplicates must be used. 2. Per NELAC Chapter 5 requirements, as least one Laboratory Control Sample (LCS; also known as Laboratory Fortified Blank) shall be prepared, analyzed and evaluated with each batch of20 samples or less. a. The acceptance criteria for the LCS shall be specified in the planning document. b. If the LCS is unacceptable, the samples associated with the LCS shall be reprocessed with a new LCS. If the samples cannot be reprocessed, the data must be appropriately qualified. 3. For applicable analytes denoted in the planning document, a QC check sample, standard reference material (SRM) or other quality control sample, hereinafter identified collectively as quality control check samples (QCCS), shall be processed with each sample preparation batch and analyzed for evaluation according to the acceptance limits established for the QCCS. a. Analysis of a QCCS is required for but not limited to the following analyses: (i) Chlorophyll - the assay for the QCCS or its original formulation shall have been determined by an organization external to the laboratory ; (ii) Biochemical oxygen demand (BOD) or carbonaceous BOD (CBOD) - the method-specified glucose/glutamic acid check solution shall be used; and, b. If the QCCS is unacceptable, the samples associated with the QCCS shall be reprocessed with a new QCCS. If the samples cannot be reprocessed, the data must be appropriately qualified for all contracted samples in the preparation batch. 4. Spiking/Fortification Requirements - All spike fortifications must take place prior to any required sample preparation steps (e.g., sample extraction, sample digestion, pH adjustment, etc.). The final concentration of any spike fortification shall be at the applicable level identified below. a. If any of the samples in the preparation batch are non-detect (i.e., below the MDL specified in the planning document), the spiking level must not be greater than 2 times the Contract-specified PQL. b. The concentration of a spiked sample cannot exceed 5 times the highest concentration of any contracted sample in the preparation batch. 5. Evaluation of Matrix Spikes - The results of matrix spikes must meet the acceptance criteria specified by the Contract and listed in the planning document or the data must be appropriately qualified. a. If the failure is reported to be due to sample matrix interference, the laboratory shall document the process by which this conclusion is determined. 6. Evaluation of Laboratory Duplicate/Replicate Samples - All replicate samples (sample duplicates, matrix spike duplicates, LCS duplicates or other replicates) must be evaluated for a precision criterion not to exceed 20 % RPD. This criterion shall be listed in the planning document. a. In the event that laboratory replicate agreement is not observed, the laboratory must investigate the poor precision and report the results with appropriate qualifiers and/or comments. 7. Instrument Calibration - In addition to calibration procedures specified in the analytical methods listed in the planning document, the CONTRACTOR shall ensure that the following requirements are met: a. All sample results shall be chronologically bracketed between acceptable calibration verifications. b. Initial Calibration Requirements (i) The minimum number of calibration standards required to calibrate each instrument used for the contracted analyses shall conform to the analytical method approved in the planning document. If the .~ Revi"d 1/4/06 ~\'\~ \ ) DEP Agreement No. G0200, Attachment H, Page 6 of 8 ll/ minimum number of calibration standards is not specified in the method, the number must be specified in the planning document and shall be consistent with the NELAC Chapter 5 standards. (ii) Unless otherwise specified by the method, all sample results shall be based on the initial calibration curve responses. (iii) If linear regressions are used, the correlation coefficient shall be equal to or greater than 0.995 for all regressIOns. (iv) Immediately after performing an initial calibration, the accuracy of the calibration shall be verified using a second source. A second source may be a standard, a Standard Reference Material (SRM), or other sample type with a verified concentration such as a QC Check Sample. Standards must have been prepared from a different lot or vendor. (v) The acceptance criteria for second-source verifications shall be specified in the planning document. (vi) Sample analysis cannot proceed if an initial calibration is unacceptable. c. Continuing Calibration Requirements: (i) When an initial calibration is not performed on the day of analysis, a continuing calibration standard shall be analyzed, evaluated and determined to be acceptable prior to analyzing samples. (ii) A continuing calibration standard shall be analyzed and evaluated at the end of the analytical run. (iii) The acceptance criteria for continuing calibration verifications shall be specified in the planning document. (iv) For each analytical run, the analytical sensitivity must be evaluated using a continuing calibration standard prepared at the Contract-specified PQL. The analyzed value of this standard must be within 70% - 130% of the expected value. If this PQL check fails, the blank and associated sample results must be reported as "estimated" per Chapter 62-160, F.A.C. unless the affected results are at least 10 times the absolute value of the observed bias of the PQL check. (v) If a continuing calibration verification fails, samples not chronologically bracketed by acceptable calibration verifications must be reanalyzed or appropriately qualified. d. Sample results below the Contract-specified PQL and above the highest calibration standard shall be appropriately qualified. 8. Quality Control Blanks a. If a Contracted analyte is detected in any analytical QC blank, the sample results that are associated with the blank must be reported with the appropriate qualifier from Chapter 62-160, F.A.C., unless the affected sample concentrations are at least 10 times higher than the calculated QC blank concentration. b. Sample results must be chronologically bracketed with acceptable beginning and ending analytical QC blanks. c. If a Contracted ana1yte is detected in the field blank, equipment blank or trip blank, the result must be confirmed by reanalyzing a new aliquot of the blank unless the sample concentration results associated with the blank are at least 10 times the calculated blank concentration. The laboratory must investigate the blank contamination to determine that positive blank results are not due to a laboratory error and report the affected samples and field-generated blank results with appropriate qualifiers and/or comments. 9. If any quality control measure or calibration verification fails (including those specified above), samples that are associated with the failure must be reanalyzed, if possible. Sample data that are associated with a failed quality control measure or calibration must be appropriately qualified as specified in Chapter 62-160, F.A.C. An explanatory comment must be attached to the fmal report for each result that has a qualifier code other than U, I, or A. Any additional qualifier codes used but not explicitly listed in Chapter 62-160, F.A.C. must be identified and defmed in the report. 10. The reported MDL and PQL for each sample must be adjusted for dilution factors and any relevant preparation weights and volumes. 9; lJ,J Revised 1/4/06 DEP Agreement No. G0200, Attachment H, Page 7 of 8 Addendum 2 Quality Control Requirements for Laboratories Performing Microbiological Testing In addition to the quality control requirements outlined in Chapter 5 of the NELAC Standards, the following quality control measures shall be implemented for this Contract. Note: "Sample" refers to samples that have been either collected or analyzed under the terms of this Contract. 1. All microbiological analyses must conform to the requirements for facilities, personnel qualifications, equipment specifications and quality control measures discussed in AWWA Standard Methods 2dh edition, section 9020. 2. Quality Control Blanks a. If the membrane filter technique is used, the sample set(s) shall be associated with a beginning and ending filtration blank. b. The results of any blank must be < 1 CFU/lOO mL or the associated sample results must be reported with the appropriate qualifier from Chapter 62-160, F.A.C. 3. Laboratory Quality Control Duplicates a. At least 10% of the samples (or one per test run) shall be duplicated. b. All duplicate results shall be evaluated per method specifications using the precison criterion. The range of the transformed duplicates shall not exceed the precision criterion established by the laboratory. In the event that laboratory duplicate agreement is not observed, the laboratory must investigate the poor precision and report the results with appropriate qualifiers and/or comments. c. Field Quality Control Duplicates or Replicates - In the event that agreement (less than or equal the laboratory established precision criterion) is not observed between results from field-generated replicate samples, the laboratory must investigate the replicate analyses to determine that poor precision is not due to a laboratory error and report the results with appropriate qualifiers and/or comments. The laboratory shall use the analytical method specifications for precision control as a guide to evaluation of the field-generated replicate results. 4. Colony Counts a. In addition to the requirements listed below, all analytical results shall be calculated by the procedures established in the microbiological method(s) approved for the Contract and listed in the planning document. b. The laboratory shall make every attempt to ensure that colony counts are in the ideal range of 20 - 60 colonies per plate. Reported values from colony plate counts outside this range shall be qualified with a "B" (unless the reported value is from a 100 mL sample and the count is less than 20). c. If all counts are above 60, the result shall be calculated and reported from the highest dilution. This result must be reported as "estimated". d. The laboratory shall follow the reporting requirements specified in the method for other results that are outside the ideal range (item 5.b. above) e. If the sample result is "too numerous to count (TNTC)" the laboratory shall report the filtration volume with the data qualifier "Z", f. Colony counts from samples that have been verified shall be adjusted based on the verification results as specified in the analytical method approved for this Contract and listed in the planning document. Revised 1/4/06 DEP Agreement No. G0200, Attachment H, Page 8 of 8 @ ATTACHMENT I CERTIFICATION REGARDING DEBARMENTS, SUSPENSION, INELIGffiILITY AND VOLUNTARY EXCLUSION-LOWER TIER FEDERALLY FUNDED TRANSACTIONS DEP AGREEMENT NO: G0200 1, The undersigned hereby certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency, 2. The undersigned also certifies that it and its principals: (a) Have not within a three-year period preceding this certification been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State anti-trust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. (b) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 2.( a) of this Certification; and (c) Have not within a three-year period preceding this certification had one or more public transactions (Federal, State or local) terminated for cause or default. 3. Where the undersigned is unable to certify to any of the statements in this certification, an explanation shall be attached to this certification. Dated this day of .20_. By Authorized Signature/Contractor Typed NameITitle Contractor's Firm Name Street Address Building, Suite Number e DEP 55-220 (01101) City/State/Zip Code Area CodelTelephone Number DEP Agreement No. G0200 Attachment I, Page 1 of 2 INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION- LOWER TIER FEDERALLY FUNDED TRANSACTIONS 1. By signing and submitting this form, the certifying party is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the certifying party knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department of Environmental Protection (DEP) or agencies with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The certifying party shall provide immediate written notice to the person to which this contract is submitted if at any time the certifying party learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this contract i's submitted for assistance in obtaining a copy ofthose regulations. 5. The certifying party agrees by submitting this contract that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier contract, or other covered transaction with a person who is proposed for debarment under 48 CFR 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DEP or agency with which this transaction originated. 6. The certifying party further agrees by executing this contract that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all contracts or lower tier covered transactions and in all solicitations for lower tier covered transactions. 7, A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not is proposed for debarment under 48 CFR 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List (Telephone No. (202) 501-4740 or (202) 501-4873.) 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause, The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DEP or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. DEP Agreement No. G0200 Attachment I, Page 2 of 2 ,.---_.~ 0J DEP FORM 55-220 (01101) ATTACHMENT J Contract Provisions All contracts awarded by a recipient, including small purchases, shall contain the following provisions as applicable: 1. Equal Employment Opportunity - All contracts shall contain a provision requiring compliance with Executive Order (B.a.) 11246, "Equal Employment Opportunity," as amended by E.O. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." Copeland "Anti-Kickback" Act (18 U.S.c. 874 and 40 U.S.C. 276c) - All contracts and subgrants in excess of $2000 for construction or repair awarded by recipients and subrecipients shall include a provision for compliance with the Copeland "Anti-Kickback" Act (18 U.S.C. 874), as supplemented by Department of Labor regulations (29 CFR part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to the Federal awarding agency. Davis-Bacon Act, as amended (40 U.S.c. 276a to a-7) - When required by Federal program legislation, all construction contracts awarded by the recipients and subrecipients of more than $2000 shall include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 276a to a-7) and as supplemented by Department of Labor regulations (29 CFR part 5, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction"). Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award ofa contract shall be conditioned upon the acceptance of the wage determination. The recipient shall report all suspected or reported violations to the Federal awarding agency. Contract Work Hours and Safety Standards Act (40 U.S.c. 327-333) - Where applicable, all cOl1tracts awarded by recipients in excess of $2000 for construction contracts and in excess of $2500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333), as supplemented by Department of Labor regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than 1 12 times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Rights to Inventions Made Under a Contract or Agreement - Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 2. 3. 4. 5. ._~'- ~ DEP Agreement No. G0200, Attachment J, Page 1 of 3 6. Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act, as amended (33 U.S.c. 1251 et seq.) - Contracts and sub grants of amounts in excess of $100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 V.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.). Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EP A). 7. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) - Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in .connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. 8. Debarment and Suspension (E.O.s 12549 and 12689) - No contract shall be made to parties listed on the General Services Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with E.O.s 12549 and 12689, "Debarment and Suspension." This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory authority other than E.O. 12549. Contractors with awards that exceed the small purchase threshold shall provide the required certification regarding its exclusion status and that of its principal employees. 9. Section 508 of the Federal Water Pollution Control Act, as amended (33 U.S.c. 1368) and Section 1424(e) of the Safe Drinking Water Act (42 U.S.c. 300h-3(e)) - Contracts and sub grants of amounts in excess of $100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders orregulations issued pursuant to Section 508 of the Federal Water Pollution Control Act, as amended (33 V.S.C. 1368) and Section 1424(e) of the Safe Drinking Water Act (42 V.S.C. 300h-3(e)). Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 10. Compliance with all Federal statutes relating to nondiscrimination - These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of sex; (b) Section 504 of the Rehabilitation Actof 1973, as amended (29 V.S.C. 795), which prohibits discrimination on the basis of handicaps; (c) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107), which prohibits discrimination on the basis of age; (d) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (e) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (p.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (f) Sections 523 and 527 of the Public Health Service Act of 1912 (42 V.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (h) any other nondiscrimination provisions in the specific statute(s) made; and, (i) the requirements of any other nondiscrimination statute(s) that may apply. 11. Compliance with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (p.L. 91-646) that provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. DEP Agreement No. G0200, Attachment J, Page 2 of 3 ~~'\) V 12. Compliance with the provisions of the Hatch Act (5 D.S.C. 1501 - 1508 and 7324 - 7328) that limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 13. Compliance, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (p .L. 93-234) that requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 14. Compliance with environmental standards which may be prescribed to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order 11514; (b) notification of violating facilities pursuant to ED. 11738; (c) protection of wetlands pursuant to E.O. 11990; (d) evaluation of flood hazards in floodplains in accordance with E.O. 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.c. 1451 et seq.); (f) conformity with Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (pL 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended (p.L. 93-205). 15. Compliance with the Wild and Scenic Rivers Act of 1968 (16 D.S.C. 1271 et seq.) related to protecting components or potential components ofthe national wild and scenic rivers system. 16. Compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 D.8.C. 470), E.O. 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 D.S.C. 469a-l et seq.). 17. Compliance with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 18. Compliance with the Laboratory Animal Welfare Act of 1966 (p.L. 89-544, as amended, 7 D.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this Agreement. 19. Compliance with the Lead-Based Paint Poisoning Prevention Act (42 D.S.C. 4801 et seq.) that prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 20. Compliance with the mandatory standards and policies relating to energy efficiency that are contained in the State energy conservation plan issued in accordance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). @ DEP Agreement No. G0200, Attachment J, Page 3 on ATTACHMENT K REGULATIONS Formal regulations concerning administrative procedures for EP A grants appear in Title 40 of the Code of Federal Regulations. Grant program administrative regulations appear in Subchapter B; other regulations of general applicability appear in Subchapter A. Other EP A regulations also impact grant programs. The following list contains regulations and Office of Management and Budget Circulars which may apply to the work performed under this Agreement. Subchapter A - General 40 C.F.R. 4 Uniform relocation assistance and real property acquisition for federal and federally assisted programs 40 C.F.R. 12 Nondiscrimination on the basis of handicap in programs or activities conducted by EPA 40 C.F .R. 29 Intergovernmental review of EP A programs and activities 40 C.F.R. 30 Uniform administrative requirements for grants and agreements with institutions of higher education, hospitals and other nonprofit organizations Subchapter B - Grants and Other Federal Assistance 40 C.F.R. 31 Uniform administrative requirements for grants and cooperative agreements to state and local governments 40 C.F.R. 32 Governmentwide debarment and suspension (nonprocurement) and governmentwide requirements for drug-free work place (grants); Clean Air Act and Clean Water Act ineligibility of facilities in performance of federal contracts, grants and loans 40 C.F.R. 34 New restrictions on lobbying 40 C.F.R. 35 State and local assistance .... .. Other Federal Re2ulations 48 C.F.R. 31 Contract Cost Principles and Procedures, or uniform cost accounting standards that comply with cost principles acceptable to the federal agency . Office of Mana2ement and Bud2et Circulars A-21 Cost Principles for Educational Institutions A-87 Cost Principles for State, Local, and Indian Tribal Governments A-122 Cost Principles for Non-Profit Organizations A-133 Audit Requirements REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. G0200, Attachment K, Page 1 of 1 (2) ~~ i0) ""f. HOME OIF PELiCAN OSlAND CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Fee Waiver and Road Closures for Agenda N o. O~. i (p q Pete Harris BenefitSK Run -: . . Department Origin: Finance Director: City Attorney: 0 .if A. A. . City Clerk: ~ r ubmittal by: City Manager Date Submitted: October 31, 2006 For Agenda of: November 8, 2006 Exhibits: Letter from Jennifer Dunphey EXPENDITURE REQUIRED: AMOUNT BUDGETED: N/A APPROPRIATION None REQUIRED: None SUMMARY On Tuesday, October 31, 2006 staff met with Jennifer Dunphey, a local realtor who is planning a 5K run to benefit local musician Pete Harris. The 5K run is scheduled to take place on January 13, 2007 from 6:30 a.m. to 8:00 a.m. Ms. Dunphey has requested the City to waive the $50.00 park rental fee for this event. The 5K run will require closing Indian River Drive from Harrison Street north to Jackson Street from 5:30 a.m. to 8:00 a.m. RECOMMENDED ACTION Move to waive the $50.00 park rental fee for the use of the large pavilion at Riverview Park on January 13,2007 and to approve the closing of Indian River Drive, from Harrison Street north to Jackson Street, from 6:30 a.m. to 8:00 a.m., on January 13, 2007 for the Pete Harris 5K benefit run. @ October 11, 2006 Sebastian City Hall Attn: Mr. AI Minner 1225 Main ST. Sebastian, FL. 32958 Dear AI: My name is Jennifer Dunphey, a local Realtor, and friend of Pete Harris. I would like to organize a 5K run in Sebastian to benefit Pete and his family through these tough times. The run would start at Sebastian Riverview Park and proceed down Indian River Drive and back. The race would start at approximately 7am.. and most likely be over by 8am. with a short reception, to follow.. I have spoke with Chris McCarthy and he suggested a date of January 13,2007. I hope we can do this to help Pete Harris through these tough times since he"s been such a supporter of this community through his music for all of these years. CC: Mr. Chris McCarthy Thank-You! Sincerely, d~~~ Jennifer Dunphey RelMax Riverside 1603 U.S. #1 Sebastian, FL 32958 Cell-(772)559-2171 Home-(712)589-6834 @!J I SEBASTIAN SOCCER ASSOCIATION 1ST ANNUAL5KRUNIWALK September 2006 To Whom It May Concern: Sebastian Soccer Association is requesting your support for their 1 st Annual 5K Run/Walk, which will take place February 3, 2007 at the Riverview Park in Sebastian. This event is a fundraiser for the Sebastian Soccer Association competitive program. This program provides developmentally appropriate training for children between the ages of 7 to 19 who are interested in playing soccer at a competitive level. We currently have five teams in our program that consist of 80 competitive players that travel locally to compete. Our goal is to raise $5,000 to pay for professional trainers to increase the skill level of our competitive players. We value your support. A corporate donation would be very much appreciated. A contribution in any amount is welcome. If you have any questions or need additional information, please contact me at 772-664-7905. On behalf of the children and the runners, we thank you for your support. .. Sincerely, Lora Van Meir 5K RunIW alk Fundraising Coordinator Please make checks payable to SSA Donation of $50 - $99.99, Company name on race flyers Donation of $100 or more, Company name on race flyers and runners t-shirts Donation of $500, In addition to the above, your company name on all award mugs Sebastian Soccer Association P.O. Box 780742 Sebastian, FL 32978 E-Mail: info@sebastiansoccer.com Tax ID 65-0372055 Oft, 170 @3) ~ @ - HOME OF' PELICAN ISlAND 1225 Main Street, Sebastian, Fl 32958 Telephone (772)589-5330 - Fax (772)589-5578 CITY OF SEBASTIAN PARK USE PER/1IT APPLICA TION Park Event - 50 to 300 Attendees $50.00 ApplicationlPermit Fee Please check the appropriate Box: or Date:AltJt/t'Alf/ ~d ko6 Name of Permittee: ~e bc-.s+v4...AJ *SoCcer A SSocAtdic:>...J Permits May Only be issued 1n the Name of an Adult or Legally Organized Organization Address: f. 0. ~. 7'8'071.fJ.... Mail ing Address:f.O.i3q~ 7~07l{1 Telephone: 77)...- 3n ~ DM~ Special Event - 301 or More Attendees $100.00 Application Fee Sew~..J i=1.3~~711- <:> 7'-1)., 5e.&:-s~ev.> Fe ~A'i1? -Oll.{;L Name of Organization or Group: .se~+1~~ SoCCd AssocI~~;O# Reason for Use: -5=J< f...\JtJ 10 btpJ;i- t:Juf ,.)(!),J ~SSo('{~~ Requested Date(s) re'6rofA.')I 3 rJ ~ 1 Rain Date: Time of Use: From: ob3o To: o9a() Will there be any sale of goods? Yes If yes. please describe type of goods on back. 'j No ,<. type of vendors and assembled on back.' No Food or other types of ve~dors? Yes If yes, please list name, address and structures to be erected or otherwise schematic of any I, t1~t~e tlA1u ~~f the undersigned, acknowledge that I am the applicant or the authorized agent of the applicant. I further acknowledge that I am aware of the provisions of the City of Sebastian Codes in respect to this application and the use of the City facilities for which I have applied for a permit to allow a Park Event or a Special Event. I have made myself familiar with the general rules and regulations prescribed by the City and agree to the terms of the permit. t#~/fb- Applicant/Agent Signature Office Use Only: PermiI Fee Paid Dale IniIials @ Park Application Continued - If Required List any vendor information and/or schematics on this oal!.:e. NAME ADDRESS TYPE Schemati c: OFFICE USE ONLY: Special Conditions 0 Permlt as eQueste by lty Manager I I f R d c @ SEBASTIAN SOCCER ASSOCIATION 5K RUNIW ALK FEBRUARY 3, 2007 8AM ONE FORM PER INDIVIDUAL Location: Riverview Park in Sebastian - From 1-95, Exit 69 - Sebastian - East on SR 512 to the Indian River, Distance: Out and back 3, I miles - USA TF certified run/walk along the beautiful Indian River. Please note on entry form if you are a runner or walker. Timing by Sailfish Striders. Entry Fee: $15.00 postmarked by January 27,2007. $20.00 thereafter and on race day, Entry fee for child under 10 is $10.00 T-Shirts: A quality t-shirt is guaranteed to the first 100 registered runners/walkers, Sizes are not guaranteed on race day. Awards: Awards to Overall MalelFemale, MaleIFemale Master, MalelFemale Walker, and 3 deep in 5 year age groups from 14 and under to 65+, Post race food and drinks will be provided. PurDose: Proceeds from this race will benefit the Sebastian Soccer Association Competitive Teams. General: For safety reasons, no headsets or roller-skates. Baby strollers are welcome. Be alert for possible road traffic, Please help us by preregistering, For more information contact: 772-664-7905 Make checks payable to SSA P.O. Box 780742 Sebastian, FL 32978 NAME PH ONE L-) ADDRESS CITY ST_ZIP Age on race day _ Sex_ Adult T-Shirt Size: S M L XL Youth Size: S M L Run_ Walk_ Student School Waiver of Responsibilitv: In consideration of my entry, I intend to be legally bound, and do hereby for myself, my heirs, and executors, waiver all rights and claims for damages against Sebastian Soccer Association, Sailfish Striders, all race sponsors, volunteers, participants, and all officials of the race for any damages or injuries which may be suffered by me in connection with my entry or participation in the Sebastian Soccer Association 5K Run/Walk. If I should suffer injury or illness, I authorize the officials of the race to use their discretion to have me transported to a medical facility, and I take full financial and legal responsibility for this action. I attest and verify that I am physicaJ1y fit and have sufficiently trained for this event I hereby grant full permission to any and all of the foregoing to use photographs, videotapes, or any other record of this event for any purposes of the event whatsoever. I have read and understand that it presents a risk of personal injury, knowing this I am entering this event at my own risk SIGNATURE DATE Parent if minor (under 18) Date I I :t @) C?J ~ To: From: Date: Subject: HOME Of PELICAN ISLAND Al Minner, City Manager Shai Francis, Finance Director November 2,2006 Clambake Festival Below is a summary of City funding spent on 2005 Clambake festival. If you have any questions concerning these numbers, please let me know. Description Overtime Supplies Supplies Total Vendor Items City Personnel Home Depot quick shade, PVC pipe, cord, lights Wal Mart Tent pegs Amount $ 8,852.34 $ 903.34 $ 45.84 $ 9,801.52 Ore. l73 1 @)