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HomeMy WebLinkAbout03142007~~ ~~ HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, MARCH 14, 2007 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAYBE INSPECTED /N 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 1. CALL TO ORDER 1-2 2. PLEDGE OF ALLEGIANCE LED BY COUNCIL MEMBER SAL NEGLIA 3. MOMENT OF SILENCE 4. READING OF CIVILITY PLEDGE We will be respectful of one another even when we disagree. We will direct all comments to the issues. We will avoid personal attacks. 5. ROLL CALL 6. FILL COUNCIL VACANCY IN ACCORDANCE WITH CITY CHARTER (City Clerk Transmittal) A. Motion to Fill Vacancy B. Swearing In by City Clerk 07.046 3-7 06.114 07.029 9-23 07.060 7. ITEMS CARRIED FORWARD FROM 2/28/07 REGULAR MEETING A. Bostinto Drainage Issue -City Engineer Report and City Attorney Report on Whether These Issues Should be Handled Case-by-Case or City-Wide B. Discussion of Draft Ordinance No. 0-07-06 -Overgrown Lots C. Approve CDM Collier Canal Seawall Assessment and Design Project Contract D. Discussion of City Hall Complex as Public Forum (Added by City Attorney) (no backup) 07.059 E. Alternate Representative Proposal by Treasure Coast Regional Planning Council (minutes) 25-33 8. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS Items not on the written agenda maybe added only upon a unanimous vote of City Council members (R-05-26) 9. PROCLAMATIONS. ANNOUNCEMENTS PRESENTATIONS 07.061 A. Proclamation -Boys and Girls Club -Alex Soares, Sebastian Branch Director, Boys & Girls Club 07.052 B. Proclamation - Teacher of the Year Award -Lisa Mucci 10. 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. 35-40 A. Approval of Minutes - 2/21/07 Code Enforcement Workshop 41-51 B. Approval of Minutes - 2/28/07 Regular Meeting 07.057 C. Resolution No. R-07-10 -Extend Environmental Advisory Committee for Six 53-56 Months (City Attorney Transmittal, R-07-10) A RESOLUTION OF THE CITY OF SEBASTIAN. FLORIDA, EXTENDING TEMPORARY ENVIRONMENTAL ADVISORY COMMITTEE; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 07.062 D. Approve Treasure Coast Crafters Club Craft Show in West End of Riverview 57-64 Park by US 1 on April 28 & 29, 2007 from 9 am to 4 pm (Parks Transmittal, Permit Application, Donation Letters) 11. COMMITTEE REPORTS/RECOMMENDATIONS 07.001 A. Parks & Recreation Advisory Committee 65 i. Removal of Walt McCarty for Non-Attendance (City Clerk Transmittal) 07.004 B. Temporary Environmental Advisory Committee s7-72 i. Fill Vacancy (City Clerk Transmittal) 2 12. 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 06.113 A. Quasi-Judicial Public Hearing Resolution No. R-07-09 -Final Plat for Sebastian 73-93 Crossings Commercial Subdivision (GMD Transmittal, R-07-09, Final Plat, Application, Bond, Estimated Costs, Surveyor's Approval) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS SEBASTIAN CROSSINGS COMMERCIAL SUBDIVISION; PROVIDING FOR CONFLICTS AND EFFECTIVE DATE. 06.158 B. Ordinance No. 0-07-05 - 100-Foot Buffer (City Attorney Transmittal, 0-07-05) 95-98 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND DEVELOPMENT CODE TO CREATE SECTION 54-3-11.10 ST. SEBASTIAN RIVER UPLAND BUFFER; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE. (PJ 3/7/07) 13. UNFINISHED BUSINESS 14. NEW BUSINESS 07.063 A. Waive Bid Procedures and Award Sebastian Municipal Golf Cart Lease/Purchase 99-118 Agreement to Club Car (SMGC Transmittal, Agreement, RFP, Spreadsheet) 15. 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 16. CITY ATTORNEY MATTERS 17. CITY MANAGER MATTERS 18. CITY CLERK MATTERS 19. CITY COUNCIL MATTERS 20. 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 MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONYAND 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 /N ADVANCE OF THIS MEETING. Upcoming meetings: March 19, 2007 - 7:00 pm Special City Council Meeting March 21, 2007 - 6:00 pm Workshop -Airport Business Plan 2"d Draft March 28, 2007 - 7:00 p.m. -Regular Council Meeting April 4, 2007 - 7:00 pm -Economic Development Workshop April 11, 2007 - 7:00 p.m. -Regular Council Meeting April 25, 2007 - 7:00 p.m. -Regular Council Meeting May 9, 2007 - 7:00 p.m. -Regular Council Meeting May 23, 2007 - 7:00 p.m. -Regular Council Meeting June 13, 2007 - 7:00 p.m. -Regular Council Meefing June 27, 2007 - 7:00 p.m. -Regular Council Meeting 4 Q1Y OF . ~~ ~ ~~ ry~i R'., HQ1c9E of PF1dUN ISt11IVD CITY COUNCIL AGENDA TRANSMITTAL SUBJECT: Fill Council Vacancy Swearing In AGENDA NO: DEPT. ORIGIN: DATE SUBMITTED: MEETING DATE: EXHIBITS: SUMMARY CD. ~~ City Clerk 3/2/07 3/14/06 Unofficial Election Results (Final certified results available 3/16/07) Former Mayor and Council Member Nathan McCollum resigned his position on City Council effective December 31, 2006. His resignation would leave a vacancy on City Council for a period of just over three months. Section 2.06 (c) of the City Charter "Filling Vacancies" provides "In the event of a vacancy in the office of a council member, the city council shall, by taking individual nominations and voting thereupon, appoint a person having the qualifications of council member to occupy such office until the earlier of (1) the seating of a successor elected by the electorate of the city at the next general municipal election for the city where the qualifying period for seeking election for council members has not expired, or (2) for the remainder of the unexpired term of the council office in which the vacancy exists. In the event a successor is to be elected for the unexpired term, the candidates shall run specifically for that seat on the council." This section further provides for a special election to fill the vacancy if there is no general election within asix-month period of the occurrence of the vacancy. I have highlighted the provisions that would apply to this resignation. On December 13, 2006 when the resignation was announced, Mr. McCollum made a motion to keep his position vacant until the regular meeting in March following the March election and then fill the position for that one meeting with the non-incumbent candidate who receives the highest number of votes and it was seconded by Ms. Coy. The City Attorney said technically this would be a motion to "not start a procedure to replace him" because Council cannot make a decision to fill the vacancy until Mr. McCollum is gone. Mr. McCollum said he would add this to his motion. Voice vote on the motion carried 5-0. There was a motion made by Mayor Burkeen to fill the vacancy on January 24, 2007 but it died for lack of a second. ~/ By way of explanation as to how this method was used in the past: When Mr. Heptinstall resigned from City Council in December of 2004, he had one year and three months left in his term, and since there would be an election in less than six months from the resignation, in accordance with the Charter we added a one year seat to the ballot and Council decided to hold the filling of the vacancy until the results of the general election were available and then filled the vacancy for one meeting with the individual (Neglia) who won the one year seat. Mr. Neglia was sworn in and sat in as a Council member for one regular meeting and at the beginning of the Special meeting with the existing Council. The special meeting is held to certify results, swear in new officials, and elect a mayor and vice mayor. After sitting as a member of the existing council at the beginning of the meeting, he was then sworn in as a new City council member for his one-year term. RECOMMENDED ACTION Because there is one final meeting of the existing City Council on the day after the general election and to comply with the Charter provision which requires that Council shall fill a vacancy in the office of a council member, City Council has an opportunity to fill the vacancy. Since technically Council has not yet passed a motion to fill the vacancy, that would be the first order of business, second the Mayor should ask for nominations, and then the City Clerk will call the roll and the individual who receives the highest number of votes will be sworn in and fill the vacancy for the remainder of the March 14, 2007 regular meeting and the beginning of the March 19, 2007 special meeting. 2 O MEMO Date: 21 February 2007 To: AI Minner, City Manager From: David Fisher, City Engineer'~~yk~ Re: Follow-Up /Drainage Issue at 1510 Glentry (Bostinto Residence) In accordance with your request on Thursday, 15 Feb 07, the Engineering Department visited the Bostinto residence /property at 1510 Glentry. We met with the Bostintos and later shot and recorded ground elevations in and around the property. The configuration of existing elevations clearly indicate the back yard of the property can be drained to the front swale by means such as: 1. Grading from rear southeast corner to front southwest corner, sodding, temporarily removing and reinstalling fence; or 2. Excavating and installing 10" HDPE drain pipe from rear southeast corner to front swale at front southwest corner, cover and sod, temporarily removing and reinstalling fence; or 3. Elevate rear yard by bringing in dirt (probably 3-4 loads @18 CY per load), grading, sod, temporarily removing and reinstalling fence. It is our understanding that under current City Code and policy any such measures would be allowed if undertaken by the property owner. ~7,~t~, O 0 I~ ~ PII~ 1225 MAIN STREET ^ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 388-8201 ^ FAX (772) 589-5570 To: Mayor and Council From: Rich Stringer, City Attorney Date: February 28, 2007 Re: Rear Yazd Drainage Analysis When previously questioned about the responsibility for redressing rear yard drainage problems that are perceived to be an ever-increasing problem, I stated that each situation must be analyzed on a case-by-case basis. I have been asked to provide some guidance to be used by the City in undertaking any such analysis. I would like to preface these remarks by making a fine distinction as to the use of the word "responsibility" (yes, I ~ know, lawyers are notorious for such things). Effective drainage is generally accepted as a governmental concern under the police powers mandate of ensuring the health and safety of the citizens. There is no question that drainage problems are a city concern, and use of public funds to address these problems would withstand legal challenge. The real issue relates more to dete~~ning the situations in which the use of public funding is most appropriate and, to further refine the question, which funding mechanisms are appropriate for use. It would seem that these drainage problems would typically originate from one of four types root causes, or a combination of the same. These four categories would be: 1. Failure to construct or maintain public drainage iri accordance with the approved design; 2. Design flaws in the master drainage plan; 3. Improper water flow from adjoining properties; and 4. Water captured on-site due to substandard development of the flooded property itself. Each of these scenarios carries different implications for financial responsibility. The first scenario is the simplest. Somewhere along the line the City either dug ditches incorrectly, did not build a key link in the drainage line of flow, or has allowed the system to become plugged. The City needs to remedy the situation, and typically this would be done from the general fund (all taxpayers sharing in the financial burden equally). As for the second scenario, where there are design flaws in the system, it is still incumbent upon the City to remedy the problem. There may be areas where the 0 elevations of the original GDC drainage master plan aze incorrect and water does not flow as anticipated, or for some reason the drainage just doesn't work. I believe the Dempsey/Vocelle Project from the late 1990's addressed a situation like this. These type of projects are prime subjects for grant-funding. While it maybe cost-effective to remedy a small problem .of this type with general fund revenues, the general thought is that it is better to not burden the broad taxpaying base with the cost of improving a specific neighborhood. Avoiding the use of general tax funding is often considered a matter of fairness in that homes in azeas with good drainage have usually sold for a premium price over those in problem areas, thus these homeowners have already paid for having good drainage. Once the problem is solved, the values in the improved area will rise and the homeowners there will enjoy the financial rewazds of the drainage improvements at the time they sell their homes. For this reason, this type of project is often considered for a localized special assessment project that fixes the project, through a funding mechanism financed through the City, and the homeowner ultimately recoups their money through increased property values. . As to the third situation, although there is an intensified effort to make sure that new construction keeps its site-related drainage moving to the front of the property and off the neighbors, there aze probably a number of older homes that discharge water to the neighboring property. In fact, a number of the homes now having backyard flooding are believed by the engineering Department to have been discharging their water onto the vacant adjoining properties. Another situation fitting this category is where a property owner has altered their yard through fill or a berm without a permit and has changed the initial water flow. The primary burden to remedy the problem in this situation lies with the property owner who-is dischaz-grog-water-onto their-neighbors. Although the flooded-property has_private. civil legal remedies in the courts against the neighbor, the City could potentially bring a nuisance abatement action to force the solution. Finally, there is the situation where a home was just not built in a way that drains its own yards. As mentioned above, many of these properties drained into adjacent vacant parcels, but now that these properties are being built, the water is dammed-up and stays in the backyard. Beyond the owner taking responsibility, the City could look at establishing a small grant program, cost-sharing or even special assessments. There is a knee jerk reaction in the last two categories to demand that the City pay for the fix because it allowed the substandard condition to be created in the past. However, a full examination of this logic exposes some flaws. If the City had required the property to have met the on-site drainage standards of today, it would have done so by requiring the owner to place more fill dirt in the backyard in order to bring the flow of water to the street in front. The remedy for the owner today is to bring in more fill dirt in the backyard in order to bring the flow of water to the street in front. Basically, the property owner avoided paying this additional expense all these years because they were improperly 0 draining onto a neighbor's vacant lot. The situation was not worsened by the perceived shortcomings of the City in allowing the condition to occur in the past, so there should not be any legal liability on the part of the City. Of course, as stated eazlier, the City can legally justify paying for such fixes if it is decided to undertake the remedies as a matter of fairness, goodwill or any such other type of gesture. In conclusion, there aze two caveats I feel should to put forth in this matter. First, until we understand the magnitude of the problems, we need to be cazeful about committing to financial responsibility for fixes that the city is not compelled to make. I recommend that we work on a database of problem areas and get a good idea of the size of the apple we are biting into before we open our mouths. Secondly, we have to be very careful we our permitting status with the water management authorities. Most of our drainage is operating as "grandfathered" GDC master drainage plan, and if we trigger the need to bring our entire system up to today's standards, it would be an astronomical expense. Cc: City Manager City Clerk ORDINANCE NO.O-07-06 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES SECTION 66-3, ILLUSTRATIVE ENUMERATION; PROVIDING FOR DEVELOPMENT OF GUIDELINES; PROVIDING FOR CONFLICTS, SEVERABILITY AND EFFECTIVE DATE. WHEREAS, the extensive residential construction in recent years has resulted in a predominance of developed lots within the neighborhoods of the City; and WHEREAS, overgrown lots present a fire hazard to adjoining homes during droughts; and WHEREAS, undeveloped lots left in their natural state provide environmental benefits such as habitat for threatened and endangered animal species in the City; and WHEREAS, the City seeks to balance these considerations in the best interests of the citizens of Sebastian; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That Section 66-3 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 66-3. Illustrative enumeration. The maintaining, using, placing, depositing, leaving or permitting to be or remain on any public or private property of any of the following items, conditions or actions is hereby declared to be and constitute a nuisance; provided, however, this enumeration shall not be deemed or construed to be conclusive, limiting or restrictive (11) Growth of weeds, grass, vines, undergrowth or other vegetation (but not protected species) a) upon improved real property, when above a hei ht of ten inche Deleted: g '~~ • - _-~ - =. __ -- -- __ or `~ Formatted: Bullets and Numbering b) upon unimproved real property when such growth encroaches ~' Deleted: to upon adjoining improved real property. In remedying such a ~' p~~; or more. nuisance, the growth shall be cut back a distance of five feet from the property line unless the Growth 1~lanagement Department determines that a lesser amount is required by guidelines to safeguard protectedi last and. animal species. Nothing herein shall relieve the landowner of any requirement to obtain appropriate permits such as those (or tree removal or clearing grubbing. Section 2. GUIDELINES. The City shall, in consultation with federal and state regulatory agencies, develop guidelines to safeguard rp otected plant and animal species in the application of this Ordinance. These guidelines shall be formally adopted by resolution and may be modified from time to time following written notice of the proposed modifications to the concerned agencies. Section 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4. SEVERABILITY. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid provision, thereby causing said remainder to remain in full force and effect. Section 5. EFFECTIVE DATE. This Ordinance shall take effect thirty days following 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 Councilmember Councilmember Councilmember Councilmember The Mayor thereupon declared this Ordinance duly passed and adopted this day of 2007. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor MEMO Date: 22 February 2007 To: AI Minner, City Manager From: David Fisher, City Engineer Re: Coifier Canal Retrofit /Dredging Project -CDM Contrail Amendment Further to recent discussion and at your diredaon, following is a summary of significant events impeding the work of CDM enroute to obtaining the SJRWMD permit issued on 13 February 07 for the Collier Canal Retrofit /Dredging Project. Early 2004 to eery 2005: • Stormwater Improvement Bond issued for projects identified in Master Stormwater Management Plan (MSWMP), inducting project to dredge Collier Canal. • Design work and surveys (topographical, boundary, geotechnical, environmental) underway. • In accordance with Coundl direction and the newly adopted MSWMP, the stated goals and objectives are: o Maximize available storage volume in order to meet new TMDL standards and improve water quality of outfall to St. Sebastian River and Indian River Lagoon; o Quantitativey support regulatory approval of prospective /future curb and gutter program; o Replace seawalls utiNzing assessment to property owners on premise that the seawalls are the responsibility of the adjacent property owners; o Clearly reestablish and confirm the boundaries /City property lines in canal area; o Dredge and remove materiat accumulated in bottom of canal over the past decades. Early 2005 to end 2005: • Hokf numerous workshops and rneetings with the public and with City Council. • Results of workshops! meetings include: o City Attorney dearly states that City is responsible for the seawalls. o Coundl decision that there will be no assessment to adjacent property owners. o After review and consideration of alternatives, Council dedsbn to use riprap side slopes. • Hold informal meetings with contractors to determine construction method aRematives. • Activey pursue grant funding for stomiwater management improvement projects. Submitted grant application and received notification of approval for over $300,000 for Periwinkle Improvement Project. Early 2006 to late 2006: • Submit permit application #1 to SJRWMD. • Cancel previous plan for cotlaboretion with SJRWMD and their own dredging project due to SJRWMD inability to accommodate requisite schedule timelines. • Study workable alternatives for dredging spoil containment area(s). • Environmental report and Unifuad Mitigation Assessment Method (UMAM) issued and discussed in working meetings with SJRWMD, particularly regarding level of mitigation required for project. • Council decision to no bnger pursue future curb and gutter program. • Reduce cross-section of canal work to be less intrusive in view of reduced need to maxim¢e storage volume and to reduce overall project cost through value engineering. • Continue to have infom~al meetings with contractors to discuss prospective construction issues. • CDM submits draft contract amendment to reflect changes in scope of design /permitting activities. • Submit permit application #2 to SJRWMD (based on extensive meetings and discussions with SJRWMD). • Submitted grant applicaton and received notification of approval for $500,000 for Twin Ditches project (now in process of being transferred ko Collier Canal Retrofd /Dredging Project). Early 2007: • SJRWMD permk Issued on 13 February 07. A review by the Engineering Department of the invoices from CDM for their work on the Collier Canal project from its inception to the present day indicates no unjustified billing of hours or the assignment of questionable personnel or resources to the project. An Independent review by the Finance Department indicates the rates applied are consistent with the terms of the contrail and all authorization procedures have been properly followed. D7.oZ~ 0` 22 Feb 07/ DWF Page 1 of 1 ,o i ~O~ PEEIGN AGENDA TRANSMITTAL Subject: Agenda No. ~ d ?, 0 Z g Camp Dresser McKee (CDM) Contract Amendment Department Origin: Engineering No.1 for Collier Canal Stormwater Retrofit / Dredging Project Finance Dept' ' w City Attorney: rov r Submittal by: ~ City Clerk: ~~ For Agenda of: 24 January 2007 er, City Manager Exhibits: Cover Letter and Document from CDM . EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: ~ ~ REQUIRED: $478,619 from Series 2003 Bond ~ $413,497 from Series 2003 $65,122 from 2003 Bond Proceeds Proceeds Proceeds SUMMARY In 2006 the City requested Camp Dresser McKee (CDM), engineers of record for the Collier Canal Project, to provide necessary additional professional engineering services for that project regarding design revisions and permitting process_requirements. Those additional services where required after SJRWMD's initial staff review, which listed nine project concerns. At the January 10 meeting,. a report was provided to Council which enumerated these issues and provided a project update -that report is attached hereto. Directly, because of these SJRWMD design issues, CDM was required to provide additional professional service, which are outside the scope of their original agreements. THE AGREEMENTS When this project started in April 2004, the City entered into two separate professional service agreements with CDM. The purpose behind this action was to financially segregate how to pay for the proposed Collier Creek Project. At that time, a delineation was made between how to pay for improvements that would be funded via the "new stormwater utility. fees" (i.e., dredging) and what improvements would be paid by charging an assessment (i.e., seawalls). Hence two contracts with CDM were made; one in the amount of $174,795 titled "Collier Creek Rehabilitation and Stormwater Retrofit' and another in the amount of $238,702 titled "Collier Canal Seawall Assessment and Design". However, when the determination was made in early summer 2005 that the seawalls were a responsibility of the City, the need to have separate contracts was extinguished and as a result project payments and expenditures have been co-mingled in the Collier Creek Improvements Project, financed with 2003 Stormwater Utility Revenue Bonds, Series 2003 proceeds. To date, the City has paid CDM a total of approximate{y $413,497, representing the total of the two contracts. However since major work was still required after the firstSJRWMD staff review, there is only the need to modify one contract. Since the professional service contracts are interchangeable, CDM and staff are recommending an amendment in the amount of $65,122.00 to the "Collier Canal Seawall ~` Assessment and Design Contract' (from $238,702.00 to $303,824); thereby bringing total payments to CDM for the project to $478,619. PROJECT STATUS For sometime, CDM has put the City on notice about work they are conducting "outside' the original scope of the senri agreements. However, as delays occurred from CDM and SJRWMD which slowed down project progress, as a management practice, I believed CDM needed to provide the City with a good faith effort to move the project along before consideration of the additional payment request would be made. CDM has delivered on this promises and at this time, the request should be granted. Consider the following milestones that have been realized: 1. The Collier Canal Project is now scheduled for SJRWMD Board review, where permitting approval may be granted as soon as February 2007. Once the permit is received the project will be bid. 2. CDM has made design changes that saved potential mitigation costs. If you mall, there was potential for up to $1,000,000 in mitigation penalties that SJRWMD could apply. This risk has now been reduced to a potential of $100,000 or less. Once final comments are received, the exact amount will be available. 3. The City has been advised by DEP that its grant application for $500,000 for the Twin Ditches project, prepared in large part by CDM, is likely to be awarded to the City pefiaps as eary as August 2007. Although, these funds may not be used for the Twin Ditch project, CDM is in the process of preparing the administrative work to transfer this grant to the Collier Creek Project where an additional $500,000 in bond proceeds can be saved. SJRWMD has commented favorable about this project transfer. In all,~with CDM's professional assistance there is a potential savings of $1,400,000. These savings easily cover the additional contract amendment request in the amount of $65,122.00. RECOMMENDED ACTION Move to approve CDM contract amendment for the Collier Canal project raising the upper limit for engineering services by an amount not to exceed $65,122.00, ail in accordance with accompanying documentation. FINAL NOTE At this time $3,029,449 is available from bond funds to contract the project Additional monies can also be transfer from the Twin Ditch project for Collier Creek /Z Status Update: Collier Creek Stormwater Retrofit Project 5 January 2007 / D. Fisher Following is an update status report regarding the Collier Creek Stormwater Retrofit Project, a multi-million dollar project ca8ing for dredging and slope stabilization of the Collier Canal~wet detention facil'dy. Nature of the Collier Canal System and Project Objectives Collier Canal is major part of the City's existing stormwater management system and the major collector of stormwater runoff from the roads and residential properties located in the Sebastian Highlands Unit #2 and Unit #4, a total tributary basin of approximately 850 acres (approximately 750 acres of which is residential to both the northeast and to the southwest of the canal). There is a significant flow control structure (aka The Collier Creek Dam) at the north end of the canal adjacent to Hardee Park with a controlling elevation of 15.5 ft NGVD. Flow from the structure northward is through a relatively narrow, natural riparian system that discharges directly into the South Prong of the St. Sebastian River which itself discharges into the Indian River Lagoon. Flow from tributary ditches discharges directly~into Collier Canal. The Collier Canal system is an approximately 6000-ft long, linear~ciredged canal that varies in~width from 80 ft to 100 ft. Since its construction in the 1960s, no continual maintenance dredging program has been performed on the canal. This lack of maintenance has resulted in severe deposition and erosion problems that have led to a degradation of both in-canal and discharge water quality. In addition, there is extensive bulkhead failure occurring along much of the perimeter of the canal. The continuous erosion aid deposition has resulted in an existing condition more characteristic of a shallow linear detention pond rather than the originally intended deepwater canal system. The existing canal bottom, not recently dredged or maintained, varies between elevations 10.0 to 13.0 ft feet NGVD. The project calls for dredging the canal to a depth of 8.5 feet NGVD which will increase the permanent pool volume and result in a reduction of mass loading of nutrients and suspended solids to the ecosystem of the St. Sebastian River and the Indian River Lagoon. • Both the St. Sebastan River and the Indian River Lagoon, for their protection and improvement, are now subject to established regulatory objectives for total maximum daily loads (TMDLs) and pollutant load reduction goals (PLRGs). Accordingly, the proposed dredging and slope stabilization in Collier Canal have two main specific objectives: 1. To provide baseline water quality improvement by removal of approximately 33,000 CY of accumulated sediments which will deepen the canal by an average of approximately three feet and provide an increase in the all-important system residence time to 9.5 days from the existing 5.2 days, an increase of more than 80 percent 2. To stabilize failing seawall. and side slope situations thereby preventing additional erosion of the adjacent land into the canal. 5 Jan 07 / DWF Pg1of4 Status Update: Collier Creek Stormwater Retrofit Project 5 January 2007 / D. Fisher Design: The basic design of the Collier Canat Retrofit Project has evolved since late 2004 /early 2005 through~identification and discussion of environmental and regulatory concerns, extensive public input, and a continuous ongoing evaluation of City and project objectives and financial parameters. The resulting project design, represented in current permitting application documents, is characterized by: Retrofitting existing canal perimeter bulkheads with fabric and stone rip-rap with 3:1 side sbpes and dredging the canal th lower the bottom elevation several feet to increase the permanent pool storage volume. Side slopes will be clad with rip-rap that go up to but not beyond the original existing seawalls (instead of, as originally planned, to the property lines generally behind the existing wails in most locations}. ~ All locations will get rip-rap treatment but in some locations with badly deteriorated seawall, the bulkheads will be replaced for structural purposes (perhaps 2-5 locations). The rip-rap will be installed from the top of slope to elevation 13.5 NGVD, two feet.below the normal water surface level. Where the existing seawall has failed beyond repair, it will- be entombed in the canal. • A newly vegetated wetland littoral zone and wading bird habitat at Hardee Park with some existing wading bird habitat remaining on the south end of the canal near CR-512. A construction /dredging plan that can be done in phases based on available funding with the first phase likely being done from CR-512 northward to the Fleming Street bridge, the second phase being done between the Fleming Street bridge and the Barber / lake Street bridge, and the final phase, if called for, northward from the Barber /Lake Street bridge to the control structure. There is a minimal amount of work to be done at the control structure on the north end, mainly replacing existing gauges and providing some control over the level /configuration of the boards in the structure. There will be a temporary spoil area in Hardee Park during construction for dewatering of the majority of the dredged material prior to reuse in the project and/or further disposal at approval sites. 5 Jan 07 / DWF 1 ~ Pg2of4 Status Update: Collier Creek Stormwater Retrofit Project 5 January 2007 / D. Fisher Permitting: The initial SJRWMD permit application reflecting all input and design up to that date was submitted in March 2006. The formal response from SJRWMD in April 2006 requested further information in nine (9) specific areas: 1. Archaeological /historical resources impact; 2. Definition of surface waters acreage and impact; 3. Amount of proposed dredging and material to be removed; 4. Prevention of erosion and slumping during low water conditions; 5. Construction /dredging plan; 6. Dewatecing and turbidity control plan; 7. Sediment analysis;. 8: Details of the then proposed plan to use a pipelihe for the pumping of sediments to a SJRWMD containment area; 9. Impacts to.fish, wildlife, and wading bird habitat. After further extended discussion and review, public-input, evaluation of changed conditions, and further assessment and articulation of City objectives, the response to that SJRWMD request for additional information was filed on 14 December 2006. It reflects the following: 1. Awaiting comments from State Division of Historical Resources. 2. Based on the SJRWMD definition that surface waters are defined from top of bank to top of bank, there are approximately 13.6 acres of dredging and/or fill impacts to surface waters. Wading bird habitat issues have been revisited and surveyed further with the impact now estimated to be 0.65 acres and to be mainly accommodated at Hardee Park location. 3. The existing canal varies in depth but it will be dredged to a depth of approximately . 8.5 feet NGVD, about ftve feet below normal surface water elevation. 4. Anew slope stability analysis'pertaining to revised plans recommends not lowering the water level of the canal more.than 1-2 feet in a gradual drawdown when constructing new slopes and associated work. Groundwater levels behind the slope(s) will need to be monitored and restrictions will be required regarding how far the canal water level can be lowered. 5. Construction means and methods are to be determined by the contractor subject to prior engineering approval. Note, however, the type of drawdown restrictions in item (4) directly above and that dredged material will be brought to Hardee Park for separation and dewatering prior to any reuse in the project and/or further disposal at approved sites. Hardee Park will be designed and permitted as a temporary containment area. 6. A detailed dewatering and turbidity control plan will provide guidelines, procedures, and. methods for contractor to follow for protection of sensitive downstream systems and prevention of state water quality violations. See item (5) directly above. 7. A sediment analysis dated 21 January 2005 is included in an attached geotechnical report which indicates the samples did not contain contaminant compounds above lab method detection limits with the exception of total barium, total chromium, total lead, and total petroleum hydrocarbons, none of which exceed residential or leachability-based Soil Cleanup Target Levels. 8. City no longer proposes pumping material through a pipeline to a dredge material containment area owned by SJRWMD. Schedule, cost, and further permitting requirements preclude going any further with this. previously proposed option. 9. As noted above, SJRWMD recommends City utilize Hardee Park to create 0.65 acre of new wading bird habitat in a newly vegetated littoral wetlands zone there. Also, there is an additional 0.46 acre of existing wading bird habitat that will be preserved and enhanced. 5 Jen 07 / DWF Pg3of4 15 Status.tJpdate: Collier Creek Stormwater Retrofit Project S January 2007 / D. Fisher Construction Based on permitting approval (currently expected by end March 2007), we currently anticipate soliciting construction bids in the March -June time period with contract award and construction beginning by July 2007. Depending on how many .phases to be undertaken in the first contract ('itsseif likely determined by construction bid pricing and funding available), the entire project schedule is currently expected to be in the range of 18 months. - Financial The current budget amount allocated to the Cotiier Creek Stormwater Retrofit Project is approximately $3.5 million. The original amount allocated was approximately $1.44 million but was increased to take into account the lack of any homeowner assessment for the project as was originally anticipated at the time of overall program bond funding. The Collier Creek Stormwater Retrofit Project is the single largest project in the city's Stomiwater Capital Improvement Program and other projects and grant opportunities have been evaluated and amended to reflect the needs and the large weighted value of the Collier Creek project within the overall program. Some major factors in this approach are: • City revisiting and deciding to cancel long term plans for an additional curb-and- gutter program in the Sebastian Highlands basin served by the Collier Creek Canal. This decision enabled design revisions to the Collier Creek Canal project that result in a less expensive and less intrusive project while also reducing the amount of stormwater enhancement "credits° originally called for by a future curb-and-gutter program. • City deciding to not go forward at this time with.any plan for City sanitary sewer and/or potable water system. This decision avoided additional project expense that may have been needed to address such ~concems. . • Cutting back on the extent and depth of the improvements to the Collier Canal to reduce costs as well as to address come citizen concerns regarding possibly more intrusive design /construction measures. • Requesting the transfer of a recent prospective $500,000 grant to the Collier Creek Project from the Twin Ditches project to enable City to take full benefit of the grant • Working with SJRWMD to minimize the cost of any "mitigation" required by the project. We expect to know the level of that prospective mitigation cost soon and also expect it to tie significantly lower than the current conservative budget estimate for same. • Temporarily holding back the start of some of the other stormwater capital improvement projects until more is known about the actual financial needs of~the Collier Creek project. 5 Jan 07 / DYVF Pg 4 of 4 L•~ 1701 Highway A-1-A, Suite 301 Vero Beach, Florida 32963 tel: 772 231-4301 fax: 772 231-4332 January 16, 2007 Mr. David W. Fisher, P.E. City Engineer City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: Collier Canal Seawall Assessment and Design Project Contract Amendment Dear Mr. Fisher: Transmitted herewith are three original copies of the above referenced amendment. This amendment is intended to provide additional professional engineering support to the City with regards to the following items: ^ Contained Disposal Facility Analysis and dredging contractor negotiations ^ Wetland mitigation negotiations and model development ^ Revisions to the seawall retrofit design as a result of the St. Johns River Water Management District's Request for Additional Information ^ Bidding services ^ Grant application assistance (319 grant applications) ^ Preparation of the UMAM report CDM appreciates the opportunity to continue assisting the City on this important project. If you have any questions or comments on the enclosed amendment, please contact me: Very truly yours, Eric tke, P.E., BCEE Principal Engineer ~~. Camp Dresser & McKee Inc. -- File: 20582-43056 jb1082.dot consulting • engineering • construction • operations r~ AMENDMENT NO: 1 TO AGREEMENT BETWEEN OWNER AND ENGINEER This Amendment No: 1 is made and entered into this day of January, 2007 to the Agreement between Camp Dresser & McKee Inc. ("ENGIIVEER") and City of Sebastian ("OWNER") dated April 26, 2004, ("the Agreement"). WHEREAS, ENGINEER and OWNER entered into the Agreement for the Collier Canal Seawall Assessment and Design Project, and WHEREAS, the parties desire to amend the Agreement so as to amend the scope of work, time periods of performance and payment, and/or responsibilities of OWNER; and WHEREAS, the Agreement provides that any amendments shall be valid only when expressed in writing and signed by the parties. NOW THEREFORE, in consideration of the mutual understandings and Agreements contained herein, the parties agree to amend the Agreement as follows: 1. The Basic Services of ENGINEER as described in the Agreement are amended and supplemented as follows: The additional services are described in Exhibit A attached herein. 2. The responsibilities of OWNER as described in the Agreement are amended and supplemented as follows: No Change 3. The time periods for the performance of ENGINEER'S services as set forth in the Agreement are amended and supplemented as follows: The additional services will be completed within three (3) months from the Notice to Proceed with an estimated completion date of February 2007. 4. The payment for services rendered by ENGINEER shall be as set forth below: Compensation for the additional services shall be for an upper limit amount of X65,122.00. 5. Except as herein modified, all terms and conditions of the Agreement shall remain in fiill force and effect. IN WITNESS WHEREOF, the parties hereto have executed this amendment on the date indicated above for the purpose herein expressed. Eric otke, P.E., BCEE Principal Engineer Camp Dresser 8c Mckee Inc. DATE: l Jl ` Jo~ 7/2006 1 i9 Zo Sebastian City Council Mayor Brian Burkeen Ms. Andrea coy Mr. Sal Neglia Mr. Al Paternoster .~ r~ .~ rn Thank you again for allowing me to speak.at Wedn : - . ' ~ esday; January 24 meeting on theme additional pay request by CDM Engineering for extra work on the Collier Creek Canal=~ publiclye ~~ I object to giving any additional monies to CDM for the .reasons I stud All of the items relating to both permit applications are indeed factual and I will be glad to review them at any time with any council member. All opinions I expressed were prefaced appropriately as only my opinion. After I spoke, Dave Fisher, City Engineer, said he felt some of my statements went "inaccurate". It will be very important to separate my opinions from the facts I brought forward. It will also be important to make sure his review does not digress itrto reasons . and excuses for both plans'actual' inaccuracies: .. Before Mr. Fisher spoke, Al Minner, City Manager, Publicly stated that city staff (meaning he and Mr. Fisher) do~ not normally review plans until after they are permitted. In my opinion this is a totally unacceptable excuse for letting two poorly en ' gm plans go to St. Johns for permitting. About St. Johns, after several meetings with many individuals, .including Bill Kerr, our. regional representative on the govenung board, John Juiliaana, Palm Bay Service . Center director, Karen Garrett-Krauss, Senior Biologist and~Fariborz Zanganeh, Project . Engineer, I can tell you this organization is not the mysterious unapproachable entity that . one former council member once claimed, but actually a very. willing and helpful group of real people. Every meeting was helpful and informative for me, however the last and most important thing that each member always said was they can only appmve or . disapprove what is put in front of them. It is their policy to try and help each applicant make their project work as designed. Even if they don't think your project is the best way to go. Their only. obligation is to help correct amr detail they find incon-ect,~ not demand total redesign. This is why I did not agree with Ms. Coy's suggestion to request a hearing with St. Johns. Without a doubt St. Johns will eventually permit this project. I did not make this clear when I spoke and I apologize. So after meeting with City Staff, St. Johns Water Management and talking with several other organizations including DEP and the State Ethics Commission, it is very clear that all the ultimate responsibility for this project is on your shoulders like it or not. If you, not your City Engineer or Manager, get a copy of each permit application and see for yourself what I have brought forward is true, as sworn representatives of the City of Sebastian you should take immediate action to stop this project. I humbly submit the following suggestions as possible solutions. Terminate CDM Engineering on this project only. With the facts contained in both permit applications ha than ' 0 "', .~ -*, ;~ . .c~ ~ ~~~ o ~ ~~-.a ~, ~ r~ ~ m ~.,, . m~ - C A FT1 ~ .U, u ~ =i rn ~ you ve more dust cause to terminate any contract. Them original design concept to 2~ combine wall repair and increase water storage was for all practical seS MAY ~gm firms Prefer to use methods develo fiom p~° rmpossible. Creek Canal is uni ue in ~ ~'oj~• The Collier q many ways including its ecosystem and really requires unique engineering not borrowed details from new developments going on elsewhere. And it's most certainly not "just a drainage ditch" as one former council member said publicly. Increased water storage could have been easily achieved by completing the Lake Hardee Loop by ~~g a large underground culvert in the easement between two undeveloped privately owned lots on Barber Street directly across from the end of Lake Hardee. 'The potential gain in storage capacity would have been at least five times more than Collier . Creek, even if widened as originally drawn Lake Hardee, although only half as long as Collier Creek, is twice as wide. Simple geometry proves the rest: A question will surely be asked if we fire CDM will we have wasted almost $500,000? The answer is yes and no. Yes because we trusted a firm .that spent a lot of time and effort on the wrong ideas and convinced a council that because through the sheer luck of council abandoning curb and ~ were right. No the issue of wall repair. The city owns a plea that due to oversigh~ inn S Johns review is about to be approved. Another way to look at this financially is CDM supposedly got us a $500 000 even if we have to start over we ace even. What's funny is~that in our meeting wi h Bill Kerr, he was practically begging us to apply for grant money that had just become available. We did mention this in a later meeting with City Staff and CDM. About one month later, here it is. Great! With CDM out of the picture we now will still have to come up with a way to fix the walls. This may seem intimidating at first but I expect that the community as a whole . will come forward to help council make the right decision. Remember, you now have an environmental specialist on staff; and St. Johns will surely help if you as council ask. You will also have $60,000 + not given to CDM to hire an environmental consulting firm such as Bill Ken's firm B.K.I. Ina Consulting Ecologists, to help redesign the canal repairs so no mitigation will be necessary. It seemed to me that this would be a'direct conflict of interest as he is on the governing board of St. Johns but his firm did the nice job of environmental design at Collier Club I believe while he was the chairman of the governing board, If you think about it, how can a city that recently has become highly proactive when its come to environmental issues and has started may g~ projects, can also PrePo~ wally sterilizing an existing ecosystem that runs right through the city to the point mitigation is necessary. I'm not an expert on the environment, My job is with a custom home builder over on the barrier island. I do extensive reviews of architecturally designed and professionally engineered structures with very complex and exacting details from many different architectural and engineering faros. I most certainly can tell a good plan from a bad one. We build many homes on the ocean and river. We as builders and all of the homeowners we have built for have the utmost respect for the natural vegetation and marine habitats we work adjacent to. It is what makes Indian River County so beautiful. The previous lack of maintenance along the canal is actually what has allowed an ecosystem to develop in and along the canal. Why'not continue to help mother nature reclaim the canal with natural plantings that can when properly planted 1) hold a steeper repose than rock, 2) provide more habitat for wildlife, 3) provide a natural barrier betw~eea human activity and zZ wildlife, 4) not require the application of herbicides for maintenance and 5) allow creation of a small 6" berm along the top to prevent yard nmoff fiom entering waterway, When I asked Karen Garrett-Krauss about this she said it's obviously faz better than rocks lining the canal but she had two reasons why it may not be feasible. 1) This is essentially creating a preserve within a reserve for water conveyance and 2) St. Johns . would be reluctant to allow creation of something they would have to monitor. If the city stepped in and offered to create and control this I think it could happen. Potential benefits for the city: 1) It uses the same basic design and data regarding dredging depth and surface area as the plan currently submitted to St. Johns. The city has bought and paid for this plan from CDM. The St. Johns permit application is by the City of Sebastian not CDM. 2) Costs to construct would be drastically less than rock and would only be placed where walls have failed. This was council's mandate from the people. Other storm water projects could be funded from the extra bond money not used, 3) Once established require little or no maintenance. Perhaps use the same aquatic natural grasses the volunteers just planted in the new storm water park. . 4) Would create a beautiful canoe/kayak "trail" with pazking and access already existing at Hardee Park. Even ifthis-turns out to be the wrong plan, I'm sure there is a better way to fix a broken wall than lining the entire canal with rocks. I had sent out the first plan to our marine contractor and given him a boat tour of the canal. He said repairing the worst sections now and others later is really no problem. His costs for rock and new plastic walls were very close. He also has done beautiful wood walls that are actually less than the rock design. Unfortunately the three people you have relied on for guidance in this project, Mr. Minner, Mr. Fisher and Mr. Stringer will probably not be inclined to make this easy as they will want to defend previous advice given, which is to be expected, And CDM will never admit to giving the wrong •advice and argue that their designs meet current . standazds. But the undisputable fact is that when you as council made the wise decision to abandon curb and gutter someone on staff or CDM should have suggested we look at easier and less expensive options for repairing the walls now that deep dredging is no longer necessary. ~ _. , I can only offer my dream of a nice peaceful waterway with a lot of natural plants, birds and' animals along the entire length. Old docks, some nice, some not so nice, actually a lot like what it is now, just cleaned up, for all the city to enjoy, In closing, please take the time to review the permit applications on your own ar call me and I can show you personally why this is so important. And don't forget I still owe each of you•a boat ride on the canal. Early mornings are especially nice. Best Regards, G%~G~~~~~~~ Bob Audette ~~ SSA Sa6~ ~~/ o23y $9v~ C~ /~ `x'73 37y~ 2.3 (zY Meeting to discuss Membership on the Treasure Coast Regional Planning Council Friday, February 16, 2007 10:00 a.m. City Hall, Upstairs Training Room, Vero Beach, Florida PRESENT: Vice Mayor, Sabin Abell, City of Vero Beach; Mayor Richard Dunlop, Town of Orchid; Mayor Sara Savage, City of Fellsmere; City Manager Robert Bradshaw, Town of Indian River Shores and City Clerk, Tammy Vock, City of Vero Beach ~~~~ r !~ Sc°P° Vice Mayor Abell called the meeting today to discuss the membership on the Treaswe Coast Regional Plarming Council (TCRPC). He passed out regulations for the TCRPC. At the present time the County has two permanent seats and Sebastian has one permanent seat on the TCRPC. Which means that the only other permanent seat is left between the other .three municipalities of Indian ~ River County. He has talked to Mike Busha, Executive Director for the Treaswe Coast Regional Planning Council, who referred him to the dues struciwe (part of the attached handout) and to see what they could create. His thoughts are to ask Sebastian to consider giving up their permanent position or alternate position on the TCRPC. He has not heard back from Sebastian concerning this and they aie not presem for today's meeting.. - - Mr. Abell briefly went through the historical population of the municipalities located in Indian River County and the taxable value of property in each municipality (see attached handout). He then showed how the structure of the members appointed to the TCRPL was handled in 1996 and then how it changed in 1998 once Sebastian was given a permanent seat. Mr. Abell showed what a normal packet for the TCRPL looks like each month. He said that it generally takes him about two bows to review all the information. The TCRPL meets on the third Friday of every moirth at 9:00 a.m., in Stuart, which means leaving Vero Beach around 7:30 a.m. and not getting back until about 2:00 p.m. in the afternoon. They usually have 10 meetings a year. Mr. Dunlop suggested asking Sebastian to give up their full set on the TCRPL and then going back to the rotation basis for all of the municipalities. Mr. Abell suggested having Sebastian and Vero Beach as the full members and Fellsmere and Indian River Shores would be the alternate members. Mr. Dunlop had some concerns with Orchid not being involved. Ms. Savage did not have a problem with the suggestion made by Mr. Abell as long as Fellsmere keeps informed as to what is going on. She was asswed that Fellsmere would receive a copy of the agenda package. She also wanted to see that Orchid was considered in the rotation process with the alternate members. o7.osq ,~~ Mr. Dunlop expressed that he has two members on his City Council that are interested in being involved with the TCRPL.. He suggested that Mr. Abell go before the County Commission and -ask them to dissolve Sebastian's permanent seat. Mr. Abell said that he would set up a meeting to discuss these things with the Mayor of Sebastian He said that he will ask Sebastian to relinquish their seat and if that doesn't happen he will ask the County Commission to relinquish Sebastian's permanen position on the TCRPL. It was then suggested that the two largest municipalities in Indian River County (Vem Beach and Sebastian) would serve as full members and the other municipalities would rotate the alternate positions. If one of the municipalities serving as an alternate member becomes larger than the municipality serving as a full member then they would be put into the full member position and the municipality serving as a full member would step down and fill an alternate position. Mr. Abell commented that he would report back to everyone attending today's meeting after he has talked to Sebastian and the County. Today's meeting adjourned at 11:05 a.m. /tv 26 _ ti tb: t7~ 1I'1'L'11417b7 ~ TC REGIONAL. PL11NhiING PAGE 82 .. ,~~ItE CUAST REG1-01~TAI.1P'1~.,FlNNIl~iG COUNCIL ' - CHA,>!?'P1l+R 29K-1 OIt[,A.NIZAT'ION, PUJ<tl'OSE ANA O)PERATIOPi 29K-1.001 Organization, 29.IC--1.002 Purpose. 29K-1.Oii33 I7ei3tlitlons. ': ~ . 29K-1.004 Membership, Voting and Tenn of Office. 29K-1.o0S Vacancies. 29K-1.006 RCmcival From Of13tx. 29K-1A07 Oifioera, Tam of OfRcx and 17ut[as. z9K-1.008 Meetings. a9K 1.009 Finances. 29JC-1.010 Powers. 29K-1.411 Stan' 29K-I.012 Commit0ees. 29K-1.di3 Plans, Studier, Activltias, and Rcpotrs. 29K 1.014 Procedun:, 29K-] .01 S Withdrawal and Dissolution. 29K-1,0]6 Compen~on and Expenses ofMambers. a9K-1.o19 Amendnier~ts. 29K-1:018 A~ption. (Repealed) 29K-1.019 Information Request. 291f 1.001 Organfzatfon. . There i3 het+eby a n`$ional plenain$ council under the suifiority of Chapter 160, Fhxida Statutes, which shall be known as the TREASURE COAST REtitONAL P1..ANNII+It] COUNCIL, located in Compnbcnslve Planning Dlstrid'lhrr, oa~nslsdng of the oonntics; of Indlan'River, Martin, Palm Bcaoh, ~aret 3t. Lucia Council headquarters shall ba in a central location es detennioed by a majority vote of the Cwneil. Field ofliees may bo maintained at other locations. $~aec~fe A+uhaity 12053(J), 163, 160 FS I.m. In~lt»Mnted 130.13()), Id3~ 160 FS History-New I-13-77, Amended 17-11-8D, Former{y 7911.01. Z91~-1.OD3 Purpose. (1) To provide Iocal governments with a means of ~cereising the rights, duties and powers of a regronal planning council es defined in Chapter 160 and Section 403.725, Florida Statutes, sari of a regional pluming eggtcy es de~Rned in CStapGas 23, ] 63, end 380, Florida Statutes, es amended, including .those tSmotroat enumerated by legislative finding end docaarations of Chapter ] 60, Florida Statutes, and other spplicabla federal, state and local Lrws. (2) To provide s means of conduc$n$ the comprehensive ngiona) planning process.. (3) Tb provide regional coot-~huction for tbo local governments in #I» Treasure Coast Region. (4) To act in an advisory eapachy to exchangs, htterchange, and review the various programs referred m it which ate of regional eoncetn. ' (S) To promote communication among local governments in the region and the identification and rssohrtion of common regional-scale problems. (b) To cooperate with federal, state, local and non-governmenrn) agencies and eitiuars to insure the orderly and harmonfous coordination of fbde~al, state and looal planr>'mg and deveopment pmgrems in order to assure tics orderly and balanced growth sari development of this region, consistent with the pnnection of the Aatural resourecs and ernirvmnem of the region, cull to promote safety, welfare and quality of life of the residents of the region. ' (T) To encourage and promote oornmunieations between neighboring regional planning districts in en attempt m insure compat~ility in development and long range planning goals. (8) To establish an organization that will promote areawido eoordinution and r¢]atal cooperatrve activities of federal, state and local govemtnents and insure abroad-based regional organizatior- that can provide a truly regional perspective and enhance the ability and opportunity of local governmerres id resolve issues and problems transcending their individnai brnmdarics. , Spsej(leAndmHty 12QJ3(lJ, 163, 1601'S Law Implemented 17D.53(1). 163,16 )43.3)84(3), 380.03.3800 380:07, 23.D1~, 403.7.3 1•:~ Nlstor}~Naw 1-12-17, ,4merrded Il-11.80, Formerly Z9K I.OZ. ' - 161 . ~~ inil5ilnnb 16:82 7722214067 TC I~GiONAL PLAhWING PAf~ 03 291f 1.003 DeBnieioes. (1) Alternate - a peeson that takes tie place of m absent appoinbed repr~tiYe, . (2) Appointed raprese~ot~ive - a mmnber of rtes CwnoU. ~ . (3}Council - rtes Treaaute Coast Regiotutl Planning Council. {4} Comprahenisivs Regional Policy Plan - a long range guide fbr physical, econom(o and social develtrpenant of the which Identifies negiostal goals and obJetxivm, and opporhmitiea as embodied ia.dte potiety of the Counce~, ~~ (~ Blaa6d.o a1 T a member of the govaruing body vPs tmeatefpaiity ar oountl', or a cbwttsr..eiedmd ofHda] chosclf by the (~ Faders! a fsdstal govemment -the govemmmt of the United Stara: of Amrrica or eery depatttnent, oommissbn, agency or ~ttty tleereof. (~ local ti~~ P~ govemm~tt - eqy tnunicipn[i>,r or oom,ti+ dated pursuarn to the authothy gtapted undot Sections 1 end 2, Article VIII of die Constflutiou for the State of Florida. (>~ Member govcttuttertt - eery aounry or incorporated municipality bated within the region, (9) Pat~Cipating member ante - an incorporated mye}eipal[ty located within the , (10) Principal member unit -each ot.'th! cotMtles iu the togjgtl. (11) Region or Treasene Coast Region -the geograpbieal area, including both land and water, within thtt coneetiea of !adieu Rl+-er, Martin, Palm Beach, end 3k Lucie, as deaan'bod to Sections 7.3 ], 9.d3, 7.50, and 959, Fiorids Stattrtm, respootively. (lZ) State ar state government -the gopernmatt of the State of Florda, or any departrnent, oo~mmfeeion, agcy of instratnomaltty !hereof, . (13) (Iwerttor- the Cioveretor of the $tata of Florida. Jte .fxtlrorrry !?Q33(1), ItiQ02(1), t63 F~ Lair Implaeeented I2QJ3(1), 140.02p). 163 FS !listory~New 1-12 ~7'. Aar ~~ 7~, 11-11-80, 9~-.i.82, Ponaarly291FLt)3. ~9Kr1.D04 Mtuabersbip, vvtb~ apd Tee~na of of3ica (1) iudim River tromety and Mrntitt County, and 3t. Laois County, ad prittclpal member units, shall esa<$ be repras~ad by two (2) metnbera, and Palm Beach County shalt be represaeeted 6y throe (3) membprJ. AU members shall be eekoted from rho respectfve elective govemtngbody- (2)1n addition to the enembaahip its subsection 2910 1.004(1 F.A.C., Martin County steal) ba entitled to one (T) meenieipal member to larva on the Coandl, St Lucie Couralr and indian'Rlver Courtly shall be entitled to two (2) municipal moenbers to serve on the Couuoi4 and Palm $~b County shall be cntltled to five (~ muetdpal members to salve on the Council. $neh members shat! ba elected a1BOiels f1'om flee peutiatpatbig mambeae in the rospective couetties. (3) The C3pvemor of the State of Ftarida sba11 eplwint et matthotun of Wino (9) voting members. CAUMIes in tlea Regius 9baR be tepresatted by thn tlovemar's appohttees io the fotlowing manner: Indian River County one (1) ~ Mattiet Cotenrytvvo (2) representatives; Sk Lnaie Coutte<y two (~ represetttadve~ and Palm Beac}t County four (a) rtivos. ('h l3aah Pr~P~. meaeber writ shat) appoint an ahernate ibr• each appobGed reyp, ~~ sleernams tihalt be clashed officials and shall be approved by a tna)ority vote of the ptindpai member unit Tn lice evcmt that neither the appointed represaetativs not hiellter regular alternate is present at a Cotttxdl meeting end diem IS at-other alta~nate i~'om the name ooucdy p~raeat (who is not ooesiod t4 attend .iir the appointed rep~tive for whom hdshc is the regular' eltertteto} loos title nlbeettats may snbefzmm for the absent appointed reproserdetrvo. (S) ~'hera shat) be eppoio0pd for each reptosentative fioen n part[atpatirtg member unk one altercate. Those alternates shall ba elected offreiels ilom a participating member unit In the cveot that neither the appointed reprexntative toot his altetaak is pt+eseca vt a Coeircrl mcedpg end there is eu-other alternate fFom the name county peeaerrt, who ES not needed to attend for the appointed mpresmrtativa for whom he h the eeguh~r alternate and who is en clectod official, then this. ahrorttate may substitute fix the sheet! ~~ ~• (~ The ruanes of all of the appointed tepresoutativessnd their alternates ahaQ be recorded in the Cound t minutes. ('1) For the oandectireg of all business, each appointed reprosentetfve or alternate for the appoirrDed reproserrtesive, imdudfagthe representatives sppotmed by the Ciovcmor pursuant to subsection 29K l .004(3 F.A.C., shall have an equal vote whklt shall be one {t) vote for cacti appointed representatfvo. (~'f ha basic term of office for appointed representatives and alternates appointed by either ~rtioipsa[ng or prine[pal metpbt~s shall be for one (I) year cormoencing with tba regular 1]eoetnbar moettng in each year. ~ t+epteseutatives appointed by the Govetmr shall serve a term pursuant to law and as designated by the Governor, All appointed rapresentatlvea shall be t:Ugible for ~PP~~e~ ('-) The Chairman shall rtviarv all tbtnra appointed representatives at the first meeting that such appointed repves atterd aiter• his or her appointment and determine that snob appointed .reprssetrtathre has been sppoitrtad putsttarn to these Organizadoael !!nice and shall file a certificate En the Minutes of die Corm©1 setting fords rho Chaie+nare's determinatfon. The membership of the Council, by at least a majorhy vote, may overrule th¢ determinarJon of the Chairman. ,SvPCIJfe derthorlry 186.303 F.Y law I-npl~menlad 18G504 ~ FTrsfory~New J-12-7?, .tnunded 8-7-97, 11-11-8a ~.~SR Fernrsrly 7911-1.04, ~tmendsd 2-9.861$% II-22-98. . iu 2$ TREASURE COAST RHGIONAL PLANNING COUNCIL - Dn ,~ ~, RHVENUB REPORT ~.[' 1 • For rho Eleven Month period ending Angust 31.2006 ~]~ ~ ~~~~~ - Revenue - • Bnd Received • DCA -Base Contiact for 2005-2006 5209,960 5182,717 • - DCA -Base Contract for 2006-2007 69,987 0 - - DCA -SARA -Tito III far 2005-2006 30,682 31,936 DCA -SARA -Title III for 2006-2007 10,227 p BridgeLoan Wilma -22500. 19548 s Wildland Fuse Grant 7,885 63,313 + MC Inerlocal School Agrxment 17512 - 17512 FLAM Fiscal Impact Analysis Model • - 56.727 56,727 • DCA-PBC Pbst Disaster Redevelo~nec,t 175,000 - 172,803 • - 5tatewide Terrorism Exaclses 0 4,000 , OiBce of Domesdc Pr~parednesa Statewide Fnading F~ailitatioa 2,350 • WPB-TrnnsitOtiattedDev. Q ~4slo • Subtotal 600.480 605,416 • . HMEP-Training 20,747 18,021 + HMEP Planning 11.000 2,700 • Regtonal Implementation of LMS 57,276 24.466 • EPA- BrownSeids 100.000 - 13,699 ' EPA-Rawlving Loan Fund 2,500 0 U.S. Ecawmic Develp. Admin. -Planning X2.000 52,750 • State Rosd 7 Corridor - 345.000 323.750 • PBGattleii3 TOD 37,500 29,526 • PBC It4P0 PortlAirpordRailSurdy 75,000 0 SFRPC Urban Design Assistance 300.000 ISl•050 Sa~O~ 1,001,023 615.962 - E~t So. FL Reg, Ttanspottadon Authority ~ 76,388 47,151 + Regional Daanestic See. Task Foree ~ 15,000 20,000 • . MPO-U51 Ccs Master Plan 0 61,513 ' Hazardous Mat Analysis 12,208 [2,208 • N. St Lucie Co. Chatrette Implementadon 425.000 422500 • N.St Lucie Co. Chartette hnplernerttadon II 62,500 0 Becker Rued Chaaene 85.000 82,027 " Economic Analysis-Boynton Beach CRA 50,000 50.000 • South Florida Regional Resource Cents 50.000 0 Iensen Beach Project - 29,500 18,000 FEC Corridor Study 50.000 - 36,000 • 5unnyside 22,000 ~~ + Downtown Delray Beach . 42500 42,500 • PB County - Urban Redevelop Arta 77,000 0 Palm Beach Kennel Club Charrette 0 17,50 0 • Tersa~ism & Condnnity of Opera4ons - 30.000 . 30.000 • Subtotal I,D27,096 861,399 L.ocat Dues . Palm Beech'Couoty 534,176 534,176 • Mwtin County 59,184 59,184 • St. Lucie County 97,273 97,273 • Indian River County 54.536 54536 • Subtotal 745.1b9 745,169 MisceIIaneons • DR[Fees •~ ~ 300,000 396,756 • Interest Projxt Fund 12,000 8,536 • icuerest IB,000 31,210 • Miscellaneous 10.000 9,997 Debt Service Proceeds 1.600.000 ~,~,~ + Subtotal 2,140,000 "2,246.499 T~ 5,513,768 5,074,446 - IncomQlete • ]nc[adcs Due From Other Govanmes~tal Units ' ~a 3 ~O ~. O~ ~r ~~~ STORICAL POPULATION PROJECTED POPUL.AT10 1980 1990 1995 2000 N COUNTY .2004 2~ 2010 2020 2030 59,896 90,208 100,261 112,947 126,829 130,043 142,166 175,322 191,900 UNINCORPORATED COUNTY 38,455 58,143 64,114 71,660 81,217 83,822 80,280 112 MUNICIPALITIES ,086 123,756 ~(p~ Felismere 1,161 2,179 2,354 3,813 4,284 4,322 2indian River 3~~ Shores 1,254 2,278 2,599 3 ,448 3,647 3,654 ,L~3 Orchid 19 10 `t 25 140 304 302 ~~i~ Sebastian 2,831 ~ 10,248 13,488 16,181 19,365 20,048 S~ Vero Beach 16,176 17,350 17,681 17,705 18,012 17,895 \ Sources: University of Fiorfde Bureau of Business and Eoonomk Reseaic/ Demographk EstimetinQ Con/erence Database, u ~ 2005 Fkrida_StatiStice/A c plated Ju 2005• Indian River County Plena POPULATION BY AGE GROUP Year °~ of % of o /o of 0-17 Pop• 18-34 POp• 35-54 POp• 55-64 1980 15,665 26.2% 11,921 19.9% 12,051 20.1% 8,621 1990 18,270 20.3% 17,752 19.7% 18,964 21.0% 11,158 1995 19,411 19.4% 16,093 16.1% 21,864 21.8% 10,361 2000 21,694 19.2% 17,196 15.2% 28,462 25.2% 12,623 2004 23,839 18.8% 19,401 15.3% 31,791 25.1 % 16,035 Soun:e: U. S. Bureau of the Census 5,640 6,923 7,800 4,305 5,340 5,600 340. 387 410 23,352 31,972 35,568 18,249 18,614 18,766 ~in~g Daperyrent/MPO ,. of % of - PoE 65+ P~ 14:4% 12,483 20.8% 12.4% 24,724 27.4% 10.3% 28,281 28.2% 11.2% 32,972 29.2% 12.6% 35 763 28.2% 30 • FY 05 Taxable Value, Budgeted Ad Valorem Taxes and Millage Rate j IRC i Indian River Shores Vero Beach '~, ~ Sebastian Orchid • Fellsmere Total IRC Taxable Value ~ Percent of for Municipal Total Services Taxable Value 8,056,322,122 56.56% 2,282,998,014 16.03°r6 2,241,898,916 15.74% 1,133,374,977 7.96°i6 460,750,783 3.23% 67,852,293 0.48°k 14,243,197,105 100.00% Source: Properly Appraiser's office Cities as per cent of IRC only 28.3490 27.8396 14.07%• •~ 5.7296 0.84% Millage Rate 7.0873 1.4730 2.2925 3.9325 0.6900 5.7500 ~NOV Q~~=i..F 3` TaxableValues.xls Sheet1 11/18/2005 10:25 AM OAST REGIONAL p~ e~INr ~'OIINCIL 1996 - Sebastian . Vero Beach, Alternate -Caroline Ginn 1997 - Sebastian . Vero Beach, Alternate -Art Neuberger 1998 - Vero Beach -Tom White . Fellsmere, Alternate ' . 1999 - Vero Beach -Tom White _ Fellsmere, Alternate 2000 - Vero Beach -Tom White . Orchid, Alternate . 2001 - Vero Beach -Craig Fletcher Fellsmere, Alternate 2002 - Fellsmere -Ruby Gorman / No one from Vero Beach No Alternate 2003 - Vero Beach - Craig Fletcher ~ . . Indian River Shores, Alternate 2004 - Vero Beach - Craig Fletcher, Sabin Abell Indian River Shores, Alternate 2005 - Vero Beach -Sabin Abell Indian River Shores, Alternate 2006 ~ - Vero Beach -Sabin Abell Indian River Shores, Alternate 3Z BOARD OF COUNTY COMMISSIONERS Gary G ~N'heerer Chairman . . District 3 Sandra L Bowden Dice Chairman District S wesrey S. Davis ..... District 1 Joseph E Preacher District 2 Peter D. O'Bryan District 4 December 14, 2006 Treasure Coast Regional Planning Council Mr. Michael J. Bush, AICP Executive Director . 301 East Ocean Boulevard, Suite'300 St~artr FL 34994 Dear Mr. Busha: As you are aware there has been a difference of opinion among the four Indian River County municipalities (Felismere, Town of Orchid, Town of Indian River Shores and City of Vero Beach) that are not regular members of the Treasure Coast Regional Planning Council (TCRPC) as to whom the one member and one alternate should be for the next year(s). I feel it would tie best to~ leave the membership as it is until after the March 2007 municipal elections. Councilmember Sabin Abell, City of Vero Beach as the Member, and Counalman William Ahrens, Town of Indian River Shores as the Alternate. Waiting until March would avoid a councilmemb~er being appointed in December 2006 who may not be reelected in March 2007 to continue to serve. . Councilmember Sabin Abell is attempting to organize a meeting of the municipalities in the next few weeks. 1 will keep you posted if an agreement is reached. I appreciate your patience as we move towards a fair and equitable solution to this dilemma. Sincerely, ~1 c ~~. Ga C. Whee{er, Chairman N cc: Mayor Tom White -City of Vero Beach Mayor Brian Burkeen -City of Sebastian Mayor Thomas Cadden -Town of Indian River Shores Mayor Richard Dunlop -Town of Orchid Mayor Sara Savage -City of Fellsmere Board of County Commissioners Bob Keating -Community Development Director 1840 25~ Street Suite N-I58 Vero Beach, FL 32960-3365 Telephone: 772 226-1490 FA)IG 772-770-5334 ~ ~~ Suncom: 224-1490 a-mail: kmassung~a 'rcgov corn ~~ anoF r,~~~ 9Y HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES CODE ENFORCEMENT WORKSHOP WEDNESDAY, FEBRUARY 21, 2007 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Burkeen called the workshop to order at 6:00 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL City Council Present: Mayor Brian Burkeen Council Member Andrea Coy Council Member Sal Neglia Council Member AI Paternoster Staff Present: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio Growth Management Director, Rebecca Grohall Chief of Police, Jim Davis Environmental Planner, Margaret Reynolds Occupational License Specialist, Linda Lohsl Code Enforcement Officers Van Meir, Lyndquist and lachini Also Present: Special Magistrate, Robert Ginsburg 4. CODE ENFORCEMENT MATTERS: The City Manager turned the presentation over to the Growth Management Director. The City Attorney advised City Council not to disc~iss specific code enforcement cases. The Growth Management Director introduced the three code enforcement officers and described each one's level of certification. She noted that Officer Van Meir handles commercial areas, Officer Lyndquist residential on the north side of 512 and Officer lachini residential on the south side of 512. 35 Code Enforcement Workshop February 21, 2007 Page Two A. Identify Community Priorities The Growth Management Department conducted a survey of audience members to determine residents' code enforcement priorities. B. Report on Changes Made in the Department The Growth Management Director gave a Power Point presentation, cited the move from the Police Department to Growth Management, current procedures, the hot line number 388-4436, and the process of better utilization of chapter 66 nuisances, and described the drafting of a Code Enforcement Standard Operating Procedures. The Power Point presentation is attached to these minutes. C. Special Magistrate Update The City Attorney introduced the new Special Magistrate, Robert Ginsburg, and described Attorney Ginsburg's experience serving Miami-Dade County for 35 years. He briefly explained the Special Magistrate process, noting Mr. Stringer will present cases, and Mr. Ginsburg will issue rulings. He said they hoped to start the hearing process in April at the earliest to comply with notice requirements. Attorney Ginsburg thanked Council for the opportunity to serve and said code enforcement is a very important quality of life issue. D. Standard Operating Procedures Draft Report/Council Input Mayor Burkeen recommended that there be a specific follow up time listed for page 4 paragraph 4; and in response to him the Growth Management Director said 2A under Enforcement procedures tracks our codes. He also suggested calling this a guideline rather than procedure. Ms. Coy agreed with adding in the follow-up time in paragraph 4 as cited by Mayor Burkeen. Mr. Paternoster made the following recommendations: Better methods for confidentiality for individuals calling in complaints. The Growth Management Director said people can choose to remain anonymous unless they want a call back in which case that contact information would be considered public record. ~~ 2 Code Enforcement Workshop February 21, 2007 Page Three Better accountability by inspectors for their master activity reports by including times for calls, travel time, arrival at scene, etc. The Growth Management Director said the activity reports are destroyed as duplicates after being entered into the computer system and staff is still trying to fine-tune the system. She said the times do go into the system but are not printed out in the actual report. He asked how the inspectors' times are tracked if the report is gone. ^ The possibility of making the assistant full-time or utilizing free time of the inspectors for data entry and tracking the time that they actually do spend entering data. The Growth Management Director said the most efficient method to track the data would be in car laptops. ^ The need to add material to procedures relative to patrolling and stopping at sites they witness as being a problem. ^ The question of total time for three officers according to their time sheets, whether the City is getting full value for the three officers, and perhaps implement patrol procedures and practices to better utilize their time. ^ Better communication systems between the officers and the main office, and the possibility of using radios orwalkie-talkies. ^ Requested the cost of return receipt requested mail and the Growth Management Director said she would provide it to him. Mr. Neglia expressed concern and inquired about the following: ^ The Growth Management Director defined the three levels of Code Enforcement certification and said she could provide him with a brochure. ^ Recommendation to go over the list of Florida Statutes to see how we can better define procedures. The Growth Management Director said we could be more stringent. Mr. Neglia suggested the City Attorney could look it over. ^ Concern for keeping complaints confidential; and asked what courtesy calls are, and if they might be excessive. The Growth Management Director described them. ^ Agreed we might need walkie-talkies. Ms. Coy asked how the procedures manual was written, and Ms. Grohall said the officers were involved in writing it with her. Ms. Coy suggested Ms. Grohall get some input from the new Special Master. ^ 3 Code Enforcement Workshop February 21, 2007 Page Four Mr. Neglia again addressed the confidentiality issue. The City Attorney addressed Mr. Paternoster's inquiries about confidential records, and the City Attorney said Florida Statutes confidential and exempt records laws do not cover a lot in the area of Code Enforcement. Mr. Paternoster further inquired if the officers were required to disclose verbally, and the City Attomey said public records refers to records and noted there is no law he knows of that requires someone to disclose information verbally. Mr. Paternoster said the issue of confidentiality could be something imposed by management. The City Attorney said if someone insists on giving information for call back on a complaint, the information would then become public if it was requested under public records law. Mr. Paternoster requested that we write into our policy that officers do not reveal complainant information. The City Attorney suggested if someone wants to remain anonymous they call the City back to follow up rather than leave information for the City to call them back. Mr. Paternoster expressed concern for lack of field supervision; and recommended that the officers include all their time for each call, when they come in and include their lunch breaks. The Growth Management Director said the ratio of anonymous to identified calls is 70-30. Public Input Dale Simchick, 766 Easy Street, Sebastian, was curious whether the Special Master had more success with Code Enforcement under the Police Department or the Growth Management Department; stating that there would be more accountability under a police department; and stated any complaint can be anonymous except for noise complaints. Herb Mulford, Laconia Street, said the color wheel needs to include different yellows and more pastels and variety; and suggested that people be allowed three off-premise yard sale signs with tear-offs to use. The Growth Management Director exhibited the results of the survey conducted with meeting attendees. In response to Mr. Mulford, City Council members said this idea about garage sale signs is something we might want to discuss at another meeting and it was the consensus of Council to place this on an agenda. Mr. Paternoster asked how the public can write in to Code Enforcement and the Growth Management Director said she would get with MIS and set up a system z where people can see the survey on the City website. 2g 4 Code Enforcement Workshop February 21, 2007 Page Five Mayor Burkeen reiterated he would like to see some language about confidentiality and recommended a software change. The Growth Management Director said she would be looking at software upgrades. Mayor Burkeen said he wondered whether we want to go with a tough guy or public servant approach to Code Enforcement; and said he would like call this a Guideline rather than a Standard Operating Procedures to give people some wiggle room. Ms. Coy agreed that we could call it a guideline. David Landsburg, Damask Lane, asked what teeth the City had to stop a business license. The Growth Management said the State recognizes a license as a business tax, and when notified of a problem Code Enforcement goes out and tries to work with the individual. The City Attomey said the City can revoke their home occupational license, but the City cannot use an occupational license as a regulatory tool, and that it is simply a tax. The City Attorney said if the City wanted to stop a business happening on homesteaded property, the best way to stop it is to take action to file an injunction in circuit court, and other than that there is not much you can do with Code Enforcement action. He said a home permit can be revoked by the City but they may continue to do it illegally. He then described the six things that have to be shown for the injunction process. Mr. Landsburg asked what is the point in code enforcement if they isn't any. He said if you can't enforce rules don't make them. The City Manager said code enforcement does lack teeth, but the City can enforce nuisance related complaints such as tall grass, junk, etc.; and the City can lien and attach the lien to the homesteaded property. The City Attorney clarified that nuisance goes toward objective conditions that can be remedied and not activities. He said Code enforcement can be effective on commercial and vacant property but not as much on homesteaded property. He said 90% of the people will do the right thing if you ask them and others will not care. Mr. Paternoster asked if we could obtain a sanction from the county court to give our Special Magistrate power to impose fines. Joe Scozzari, Thornhill Lane, Sebastian, asked if the City issued transient licenses from vendors who come into the City. 3`~ Code Enforcement Workshop February 21, 2007 Page Six The City Manager said as long as someone from outside the City has a license to do business, a license does not need to be issued from the City; and that we will be talking about this at the Council meeting relative to lawn services. In response to Neil Lagin, Wentworth Street, Sebastian, the Growth Management Director said there have were 490 violations in the report presented tonight, and none of them were fined because rulings are within the power of the Board or Special Magistrate. The City Manager said staff would go back and make changes to the "Guidelines" and bring Council another draft. 5. Being no further business, Mayor Burkeen adjourned the Workshop at 7:30 p.m. Approved at the Regular City Council Meeting ATTEST: Brian S. Burkeen, Mayor Sally A. Maio, MMC -City Clerk 40 6 arvoF ~~ P~ HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, FEBRUARY 28, 2007 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Burkeen called the Regular Meeting to order at 7:51 p.m. 2. The Pledge of Allegiance was led by Council Member Andrea Coy. 3. There was a moment of silence. 4. READING OF CIVILITY PLEDGE City Council members read the pledge as follows: We will be respectful of one another even when we disagree. We will direct all comments to the issues. We will avoid personal attacks. 5. ROLL CALL City Council Present: Mayor Brian Burkeen Council Member Andrea Coy Council Member Sal Neglia Council Member AI Paternoster Staff Present: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Airport Director, Joe Griffin Building Director, Wayne Eseltine Finance Director, Shai Francis Golf Course Director, Greg Gardner Growth Management Director, Rebecca Grohall Human Resources Director, Debra Krueger MIS Director, Frank Losardo Police Chief, Jim Davis Interim Public Works Director, Jerry Converse MIS Systems Analyst, Barry Siepmann a~ Regular City Council Meeting February 28, 2007 Page Two 6. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS Items not on the written agenda maybe added only upon a unanimous vote of City Council members (R-05-26) Mayor Burkeen noted Item 86 Presentation to Teacher of the Year Lisa Mucci was to be removed and will be added to the next agenda. The City Attorney requested addition of item add 11 E to discuss use of the City Hall complex as a public forum. There was a 4-0 voice vote to amend the agenda as requested. 7. ITEMS NOT COMPLETED ON FEBRUARY 14 2007 A. Mr. Paternoster - (2/7/07 E-Mail 07.049 i. License for Non-Resident Lawn Maintenance Vendors (Growth ~-3 Management Memo 2/7/07) Mr. Paternoster said individuals approached him and said they are required to acquire licenses to operate lawn maintenance businesses but others can come in from outside the City and do not need a license. He recommended a paid registration program using hang-tags which would exhibit a permit to operate in the City. He cited the examples provided in the agenda packet. Mayor Burkeen asked if we are only talking about lawn maintenance and why we are discriminating against lawn maintenance workers. Mr. Paternoster responded it would create a new source of revenue and protect our City workers. Mayor Burkeen asked why we would not apply this to plumbers and A/C services and other trades. Ms. Coy said according to Growth Management a home occupational license is based on a person's residence and that is why a city license is only required of people who reside in the City; said she would love to see City workers get the edge, but would also not want to see the County penalize Sebastian people by requiring them to obtain a license from the County. She suggested lawn maintenance service people could be asked to show their license from another jurisdiction and if not licensed they could be penalized. Mr. Neglia said what Mr. Paternoster is saying is the people who come here do have a license and the City could simply have them register with us and put a hang-tag in their window. Louise Kautenberg, Sebastian, said occupational licenses do not set standards for the trade; that there are other trades for which we require licenses of City people but not those from outside who come into the City to do business, and said if we are going to do this we are going to need a whole lot more enforcement personnel. ~~ 2 Regular City Council Meeting February 28, 2007 Page Three Neil Lagin, 838 Wentworth Street, said he was a landscape consultant, and that City licensing should be issued to establish criteria for qualified people. Dale Simchick, 766 South Easy Street, said most times when you have a license you have to provide proof of insurance, which protects homeowners. Charlie Lindsey, 601 Collins Street, Sebastian, said workers comp and liability insurance should be required for all licenses and perhaps there should be a tag for that. Damian Gilliams, 1623 US 1, said you cannot be selective, and that he is all for doing away with all licensing altogether. Mr. Paternoster said maybe we should just call it a registration certificate to show all necessary information such as insurance that we require here, and have annual stickers. Mayor Burkeen said he doesn't think it is a terrible idea, if the true essence is to protect the homeowner it is valid, but if it is just to know who is in the City maybe not. Ms. Coy said she doesn't know if it is up to Council to decide what a small business needs to operate, and maybe we are discriminating against one industry and should make it apply to all trades if we are going to do it. Mr. Neglia said the liability and insurance is well taken, and maybe we can rework the idea and bring it back. Mayor Burkeen said we could come back with something more fine-tuned. 06.114 ii. Update on Overgrown Lots (no backup] This is located under item 11 C. 07.051 iii. Grant and Contract Administrator for Sebastian (no backup Mr. Paternoster said it is time to start to consider hiring agrant/contract administrator. He called on the Human Resources Director to give Council more guidance in this area. The Human Resources Director said Mr. Paternoster approached her about tying these two positions together, and they discussed the need for a grant administrator, said there is a great deal of planning involved for CIP grant projects, and it would be a good idea if someone ran the whole process, noting most grants are for larger projects and that currently most grants are handled by individual department heads. a~ Regular City Council Meeting February 28, 2007 Page Four Mayor Burkeen said he was in favor of this type of position due to our need to pursue as much grant money as possible and if it is the consensus of Council it would be appropriate to look at in the next budget. Ms. Coy agreed. The City Manager said his marching orders from City Council have been to reduce taxes and to do so he reduced personnel and eliminated the position of General Services Administrator. He said he gave the responsibility to track grants and contracts to each department head, and there have been no problems with this process, though the process could be better. He said if Council wants to reduce millage it needs to reduce personnel, however, the budget process will be an excellent time to look at the issue of what new personnel the Council might want to address. In response to Mr. Neglia the City Manager said there are at least six people on staff who can write grants. He stated that an outside consulting service wrote the CDBG grant because of its cumbersome nature, but said however, grant processes vary. Mr. Neglia asked if a grant writer would cost the City approximately $50,000. The City Manager said it would be better to look at cost in the budget process. Mr. Neglia said if we kept grant writing in-house, we could hire more police personnel or others. In response to Mr. Paternoster, the City Manager said the CDBG grant consultant would have received 1 % of the grant from the grant if received. He said there is currently someone on staff who is capable of doing this type of grant but they do not have the time. It was the consensus of Council to readdress this at budget time. Damian Gilliams thanked Mr. Paternoster for bringing this up and said this could not wait until October, said we also need to consider a lobbyist, and the City could give incentives to department heads to pursue grants. Nancy Paternoster, President, Sebastian Property Owners Association, on behalf of the Association asked why are not seeking all available grants to relieve the tax burden on property owners MOTION by Ms. Coy to move on died for lack of a second. Mr. Paternoster suggested we could find emergency appropriations to have this ready when the budget rolls around or put out feelers to be prepared when the time comes, relative to cost and what type of people are out there and have the City Manager report back to us at the next meeting. Ms. Coy reminded Council at the last budget that Council committed to new police officers and said she would not support an immediate request. 4y 4 Regular City Council Meeting February 28, 2007 Page Five Mayor Burkeen said he had no problem with the City Manager coming back with information but would not support bringing someone in midstream.. Mr. Paternoster said he thought he was the one pushing for the police and that is how Ms. Coy got the Environmental Planner. RESUME FEBRUARY 28, 2007 AGENDA 8. PROCLAMATIONS, ANNOUNCEMENTS, PRESENTATIONS 07.044 A. Presentation of Certificate of Appreciation to David Rodriguez for Tree & Landscape Advisory Board Service Mr. Rodriguez was not in attendance. 07.052 B. Presentation of Proclamation -Lisa Mucci -Teacher of the Year for Indian River Coun This item was postponed to the next regular meeting. 07.003 C. Presentation of Plaque to Employee of the Quarter -Donna Cyr, Records Program Manager, City Clerks' Office Mayor Burkeen presented the plaque and $100 bond to Donna Cyr and read her brief biography. 07.053 D. Dan Stanley - Order of the Purple Heart Mr. Stanley presented the City with a proposal to go forward with a Purple Heart monument in Riverview Park near the Veterans Memorial funded by the Sebastian VFW, Sebastian American Legion and Indian River County Purple Heart. Ms. Coy reiterated the request for the memorial to honor recipients of the Purple Heart and noted it was planned to be in place by the 4~' of July. Mr. Stanley read the Purple Heart quote, "My stone is red for the blood they shed. The medal I bear is my Country's way to show they care. If 1 could be seen by all mankind maybe peace will come in my lifetime." He was thanked by each member of Council On MOTION by Ms. Coy and SECOND by Mr. Neglia Council approved the location of the Purple Heart monument near the Veterans Memorial on a voice vote 4-0. Mayor Burkeen called recess from 8:54 p.m. to 9:00 p.m. Regular City Council Meeting February 28, 2007 Page Six 07.054 E. Comprehensive Audited Financial Report Presentation (Report Distributed Previously Under Separate Cover) Bob Harris of Harris, Cotherman, Jones, Price & Associates, presented the Comprehensive Audited Financial Report, thanked the Finance Director and her department for their cooperation. He said they have given the City an unqualified opinion, the highest opinion that can be obtained. Mayor Burkeen thanked Mr. Harris and said he was proud of Shai and the Finance Department. Mr. Neglia noted the report states the City is better off financially than it was a year ago and the City's bond rating is good. The City Manager noted the increase in reserve levels to 39%, implemented along with a tax reduction, which speaks volumes for being conservative and bring fiscally responsible. 07.055 F. Annual Sebastian CRA Report Presentation (City Clerk Transmittal Annual 5-24 Report Prepared by Finance Director) The City Manager presented the Annual CRA activity report as endorsed by the Community Redevelopment Agency. It was the consensus of Council to accept the report and the City Clerk will advertise its availability in accordance with Florida Statutes. 07.036 G. Sebastian River Area Chamber of Commerce Economic Development Report Don Wright presented the Chamber's Economic Development report. He cited studies that show that unless there is something done to bring in clean light industry other than service jobs this area will take a down turn. He said most companies are looking to lease space and the City has space at the airport. He requested that the Council hear a presentation by Mr. Fruth in a public televised workshop sponsored by the Chamber of Commerce. Mayor Burkeen said we have failed poorly in economic development and he is in favor of this workshop. Ms. Coy said she agreed with listening to Mr. Fruth and perhaps we should follow up with an Economic Development Council for Sebastian. Mr. Wright suggested an ad-hoc committee headed up by the Chamber with membership of Council members, members of the public and City staff. Mr. Neglia said he supported this wholeheartedly. 46 6 Regular City Council Meeting February 28, 2007 Page Seven Mr. Paternoster stated the airport moratorium will need to be lifted, and that housing for workers needs to be addressed. 8. 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. 25-37 A. Approval of Minutes - 2/14/07 Regular Meeting 07.056 B. Purchase D.A.R.E. Incentive Items for Students in the Amount of $2,562.43 39-44 from PD Forfeiture Funds (PD Transmittal, Requisition Forms) On MOTION by Ms. Coy, and SECOND by Mr. Paternoster, consent items A and B were approved on a roll call vote of 4-0. 8. COMMITTEE REPORTS/RECOMMENDATIONS 07.057 A. Consideration of Sunset Provision of R-05-11 for Environmental Advisory Committee 4~-4s (City Clerk Memo, R-05-11, Sec. 2-240 Code) The City Manager briefly reiterated staffs reminder of the sunset provision, the four options available to Council including the recommendation of merger of the Tree Board and Environmental committee. Mr: Paternoster recommended keeping the committees separate. Mr. Neglia said he would like to combine the two committees, and have the City Manager and City Attorney look at it and bring back a recommendation. The City Attorney said there have been problems filling positions on both committees, and that Council could extend the Environmental Committee for six months while we work out language for a permanent committee. Ms. Coy asked to hear from members of the committees. Trish Adams, Environmental Committee Chair, said the committee talked about this proposal last night and said her concern would be if combined, the Tree Committee has a very narrow focus, whereas the Environmental Committee has a much broader focus. She said members of both committees should be a part of the process in forming a new committee and discussing its direction; said if Council chooses to keep her committee as it is they would like to have better direction to see where it fits. She said she does see potential for a merged committee to be doable, if both are dissolved and more clear direction is given for a new combined committee. Regular City Council Meeting ~~ February 28, 2007 Page Eight Neil Lagin, Tree and Landscape Advisory Board, said he would like to see the- committees remain separate because of their separate focus such as the Tree Board Arbor Day. Dale Simchick, said she would like to combine a conservation land component to the Environmental Committee due to projects that will need oversight. Ms. Coy said she liked combining the committees and redefining them without taking away any of their responsibilities and incorporating the conservation element, sending it back and asking Growth Management and the Environmental Planner how to best create a new committee. The City Attorney suggested calling it a Natural Resources Committee Mayor Burkeen recommended combining the committees so we don't lose the environmental aspect. The City Attorney suggested asix-month extension while new language is established and existing language is amended with hearings before Planning and Zoning. Mr. Paternoster said the Tree Board has a different focus and it may get lost in the Environmental aspect. It was the consensus of Council to extend the Temporary Environmental Committee six months by bringing back a resolution to the next meeting with the goal being combining the two committees. 9. PUBLIC HEARING -None 10. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda 48 Damian Gilliams, 1623 US 1, Sebastian, said he has been talking about economic development, and was glad to see the Chamber of Commerce bring this forward, and recommended moving the Chamber of Commerce close to City Hall so the City could utilize the property the Chamber currently leases; said the old Walmart building would make a great convention center which could be purchased with grant money; said if we put in infrastructure at the airport we can bring in big corporations; that it would be nice to have a farmers market; commended the City Clerk for hiring good people and said many departments have good people. He suggested that all City checks be placed on the City website. Russ Owen, Sebastian said he did not want his name on the City website; suggested doing research to determine names of Sebastian residents killed in wars and placing the names on the Veterans Memorial. Ms. Coy said the same organizations involved in the Purple Heart could be requested to look into this. Ms. Coy said she would make the request to veterans' organizations. 8 Regular City Council Meeting February 28, 2007 Page Nine 11. UNFINISHED BUSINESS 07.058 A. Agenda Format -Location of Introduction of New Business from the Public (City 51 Clerk Transmittal) Mayor Burkeen said he would like to move Introduction of New Business to just after New Business. Mr. Paternoster said we need to leave it where it is and impose restrictions if it appears something will go long based on the number of people who will speak on a specific issue. He said residents have a right to be heard and be heard at a reasonable hour. Ms. Coy said in three months Council has not finished a meeting, it is not her intention to stifle people, that she supported unlimited time for speakers, but Council is not getting through its business meetings. She noted that we have allowed a few people to speak for a long time and cited one forty minute dialogue. Mr. Neglia said he agreed that people have the right to speak, and again recommended either moving it up or going to afive-minute time limit, noting he has been unable to get to his items. Mr. Paternoster said he was not in favor of moving anything on the agenda or in putting time limits on public input. Joe Scozzari, Sebastian, said he spoke for forty minutes, and did not hear anyone discuss the people who spoke time after time on the concrete plant issue. Chuck Lever, said Council was elected by the people to represent them and can be voted out. Damian Gilliams, Sebastian, said Introduction of New Business from the Public should be moved forward on the agenda; said the Mayor controls the meeting; said Council is elected by the people and the people will remember them at election time; and wondered what items Mr. Neglia had on the agenda. Mr. Neglia said Mr. Gilliams misinforms people by saying he did not have items on the agenda. Louise Kautenberg, said she was in favor of moving the item to the end of the agenda, that this Council was elected to perform the business of the City, and that she watches week after week to see City business not get performed, noting that citizens who are required to come here are sent away without getting to their items. On MOTION by Ms. Coy and SECOND by Mayor Burkeen, Council moved the location of Introduction of New Business from the Public to follow New Business. 9 ~A Regular City Council Meeting February 28, 2007 Page Ten Mayor Burkeen reiterated that meetings are scheduled to carry out City business and people who have pre-assigned business deserve to have their business heard, and while it is important to hear Introduction of New Business from the Public, a trial is worth it. Motion carried with a roll call vote of 3-1. (Paternoster -nay) 07.046 B. Bostinto Drainage Issue -City Engineer Report and City Attorney Report on 53 Whether These Issues Should be Handled Case-by-Case or City-Wide (City Engineer Report, City Attorney Report Under Separate Cover) The City Manager said the City Engineer and City Attorney had provided reports as requested relative to the Bostinto drainage issue. He cited the options available to alleviate the problem. The City Attorney reiterated the opinion he had provided to Council at this meeting relative to City responsibilities to alleviate drainage problems on private property (see attached). In response to Mayor Burkeen, the City Attorney said fixing individual drainage issues would not be a legal problem but may be a political problem. Mr. Paternoster asked Ms. Bostinto to step forward to the podium and reiterated the visit he and the City Manager made to her home last June. He then reiterated what took place from last June to now relative to the Bostinto drainage issue, noting Mr. and Mrs. Bostinto were going to bring sod and dirt in to alleviate this problem, the City Manager told them not to bring in any more sod or dirt because he was going to fix the problem though it would take about three months, Ms. Bostinto told him the City Manager said she was going to have to remove her patio. He said he frequently asked for updates and was told by the City Manager that staff was working on it and then in February the City Engineer told him he was unaware that Mr. Paternoster was involved, and that the City Engineer was only made aware of the Bostinto issue in January 2007. He asked the City Attorney for a legal definition of reliance or reasonable reliance. He apologized to Ms. Bostinto for all the time he told her someone was working on it, and though Mr. Minner now states he doesn't remember the conversation, but should now be a man of his word. Mr. Neglia said he spent time at Ms. Bostinto's house yesterday, noting there is no standing water now, said her site needs to be filled in and leveled and perhaps a pipe can help get the water out of the area. He said he asked her if she would help pay and she said she would not want to do that. He said it is time to get the problem fixed, and if Mr. Minner made a promise it should be our business to do it, but we cannot do the whole City like this. He said hopefully Ms. Bostinto could meet with the City Manager and City Engineer. Ms. Coy said if we were to do this one time on a good will basis, and perhaps damage private property like septic or well we could be liable to repair other property. 5a 10 Regular City Council Meeting February 28, 2007 Page Eleven The City Manager said if he was guilty of anything it is being over helpful, and in his recollection his comments were made due to his impression that her issue was based on something the City had done wrong. He further said the City did not create this problem and he will not fix Ms. Bostinto's yard because it will set a precedent, unless he is directed by a vote of Council. At 10:30 pm motions were made: MOTION by Mr. Neglia, and SECOND by Mayor Burkeen, to extend the meeting to 11 pm failed (actually carried'`) on a vote of 3-1 (Patemoster -nay) MOTION by Mr. Paternoster, and SECOND by Mayor Burkeen, to extend the meeting to finish this item failed (actually carried*) on a vote of 3-1 (Neglia -nay) Mayor Burkeen adjourned the regular meeting. *The action taken was incorrect because our procedures resolution R-05-26 requires unanimous vote to add items to the agenda but a majority vote to extend the meeting up to one half hour -both instructions are clearly stated on the agenda. The following items including the conclusion of the Bostinto drainage matter will be carried forward to the beginning of the March 14, 2007 agenda. 06.114 C. Discussion of Draft Ordinance No. 0-07-06 -Overgrown Lots (City Attorney 55-59 Transmittal, 0-07-06) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CITY CODE SECTION 66-3 TO DEFINE OVERGROWN LOTS NEXT TO HOMES AS A NUISANCE; PROVIDING FOR CONFLICTS; SEVERABILITY AND EFFECTIVE DATE. 07.029 D. Approve CDM Collier Canal Seawall Assessment and Design Project Contract 61-71 (City Engineer Memo, 1/24/07 City Engineer Transmittal and Previous Backup - CDM Letter, Proposed Agreement) E. Discussion of City Hall Complex as Public Forum (Added by City Attorney) 12. NEW BUSINESS 07.059 A. Alternate Representative Proposal by Treasure Coast Regional Planning Council 73-8~ (Minutes, Code, Revenue Report, Info) 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS A. Mr. Neglia B. Mayor Burkeen C. Ms. Coy D. Mr. Paternoster .. y\ 5~ City of Sebastian, Florida OF~IC~ 0~ T~I~ CITY ~tTTOgN~Y AGENDA TRANSMITTAL Agenda No. ~ 7, D ~ 7 Subject: Extending Environmental Advisory Committee Date Submitted: 3/1/07 Resolution No. R 07-10 For Agenda of: 3/14/07 SUMMARY: City Council has directed that the term of existence for the Environmental Advisory Committee be extended for up to six months while the option of merging the Committee with the. Tree and Landscape Advisory Board is given consideration. Membership continues as it now exists. Since this anticipated to be an interim situation, it is provided that vacancies will not be filled during the extension. If a decrease in membership becomes a problem, the Council can readdress it through a subsequent resolution. RECOMMENDED ACTION: Move to adopt Resolution R-07-10 REVIEWED BY CITY CLERK: AUTHORIZED PLACEMENT ON AGENDA BY C TY MANAGER: 53 ~4 RESOLUTION NO. R-07-10 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, EXTENDING TEMPORARY ENVIltONMENTAL ADVISORY COMMITTEE; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. WHEREAS, pursuant to Resolution R-OS-11 the City Council of the City of Sebastian established a temporary committee of citizens to advise the City Council in the development of long-term policy on environmental matters; and WHEREAS, said Resolution contained a provision to sunset the Committee's existence after a two year term; and WHEREAS, the Council has decided to explore the efficiencies of merging the Committee with the Tree and Landscape Advisory Boazd to create a Natural Resources Committee; and WHEREAS, the Council desires that the Committee continue its good work while this option is examined; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. ENVIRONMENTAL ADVISORY COMMITTEE EXTENDED. The City Council of the City of Sebastian hereby extends the existence of the Environmental Advisory Committee through October 1, 2007. Section 2. PANEL COMPOSITION. The Committee shall maintain its current composition. In the event that any position on the Committee becomes vacant during the term of this extension, said position shall not be filled and the number of members compromising the Committee shall be thereby automatically decreased. Section 3. CONFLICTS. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 4. EFFECTIVE DATE. given retroactive effect to March 8, 2007. Upon its adoption, this resolution shall be The foregoing resolution was moved for adoption by Councilmember The motion was seconded by Councilmember upon being put to a vote, the vote was as follows: and, Mayor Brian Burkeen Councilmember Al Paternoster Councilmember Andrea Coy Councilmember Sal Neglia The Mayor thereupon declared this resolution duly passed and adopted this day of 2007. By: ATTEST: Sally A. Maio, MMC City Clerk CITY OF SEBASTIAN, FLORIDA Mayor Brian Burkeen Approved as to form and legality for reliance by the City of Sebastian: Rich Stringer, City Attorney 5G ~' :... ' ~<.::: City of Sebastian, Florida Subject: Approval for Treasure Coast Agenda No. ~ ~ . 0 l0 Z Crafters Club Craft Show at Riverview Park on April 28 8< 29, 2007. ~,,,~~L,,, Department Origin: (~~.,,,.:o~-l~-~c ~_ _ d Finance Director: Appr ve r Submittal by: City Attorney: ~ Alfr d n ,City Manager City Clerk: ~IA Date Submitted: March 6, 2007 For Agenda of: March 14, 2007 Exhibits: Application and charitable donations Treasure Coast Crafters have made in the area. EXPENDITURE BUDGET AVAILABLE: APPROPRIATION REQUIRED: None N/A REQUIRED: None Background The Treasure Coast Crafters Club is seeking Council approval for a Craft Show at Riverview Park. The show would be on April 28 & 29, 2007 from 9 AM until 4 PM. Staff has met with representatives from Treasure Coast Crafters and received full payment for their show. Last year Council requested the Treasure Coast Craft Club to contribute to some local organizations. The attached letters show some of the charitable donations made by the club to local organizations. They expect to have 45 to 55 exhibitors and only use the west end of the Park by U.S. 1. This will be the fifth year the Treasure Coast Crafters has held a show at Riverview Park. They work well with staff and we have had no problems at all with their event. SUMMARY Move to approve Treasure Coast Crafters Club Craft Shows on April 28 & 29, 2007 from 9 AM until 4 PM at Riverview Park. 5~ 58 tm of ~~~STiI~ ~. HOME OF v PELIUN i5U-ND 1225 Main Street, Sebastian. Ft 32958 Telephone (772)589-5330 - Fax (772)589-5570 CITY Of SEBASTIAN PARK USE PERMIT APPLICATION ParkEvent-50 to 300 Attendees $50.00 Application/Permit Fee Please check the appropriate Box:I or Special Event - 301 or More Attendees $100.00 Application Fee Date : ~ ~J~ roc ~~~ r ` ~ yam,. Name of Permi ttee: ~~~/~S ~ ~~~~ v /~J ~~~~ Permits May Only be issued in the Name of an Adult or Legally Organized Organization Address :~ ,~~~ ~ `.~ ~~ 10 ~/~ a~/~ /L Mailing Address: ~~~ ~l ~,~/ ~~? ~~"~r ~~~ Telephone : `~" ~ ~ + ~~~ 7 _ Name of Organization or Group: ~ /~~/~~~~~ ~~~ C~~~' -~~ Reason for Use: C ~~~~ ~~ Requested Date(s) ~~~'~~ ~ ~ ~/y ~ ~f--y ~~~~ Rain Date: Time of Use: From: ,°~~ To: ~`~ Will there be any sale of goods? Yes~_ No If yes, please describe type of goods on back. Food or .other types of vendors? Yes No If yes, please list name, address and type of vendors and schematic of any structures to be erected or otherwise assembled on back. ~ ~~ the undersigned, acknowledge that I am the I, ' applicant or/ the authorized agent of the applicant. I further acknowledge that I am a are 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. r Applicant/ ent Signature Office Use Only: Pem~it Fee Paid ~~ Date Initials Park Application Continued - If Requires GFWC Sebastian Woman's Club c/o Caroline Godwin 657 Beard Avenue Sebastian, FL 32958 (772) 581-5508 January 24, 2007 Ms. Adrienne Rizzo Treasure Coast Crafters 2322 S.E. Mariola Avenue Port St. Lucie, FL 34952 Dear Ms. Rizzo: Please accept this letter as verification that the GFWC Sebastian Woman's Club was pleased to received a donation of $100 from the Treasure Coast Crafters in December, 2006. The funds were used to supplement our annual donation of turkeys, pies and stuffing on Christmas Day to the Sebastian Senior Center. Your generous donation was most appreciated and specifically used to provide a holiday meal to our elderly population. Sincerely, Caroline Godwin Corresponding Secretary GFWC Sebastian Woman's Club ~\ January 10, 2007 Sebastian Senior Center 815 Davis Street Sebastian, Florida 32958 Attention: Ken Michel Enclosed is our check in the amount of $50.00. This donation is for your senior facility. Thank you. Treasure Coast Crafters Adrienne M. Rizzo President ~Z January 11.200" Sebastian Chamber of Commerce 700 Main Street Sebastian, Florida 32958 Subject: Relay for Life Enclosed is our check for $50.00. This donation is for Relay for Life. Thank you. Treasure Coast Crafters Adrienne M. Rizzo President ~~ riends OF THE NORTH INDIAN RIVER COUNTY LIBRARY P.O. Box 781313 • Sebastian, Florida 32978 Date ~ - / ~'- ~ I hereby donate the following library materials to the Friends of the North Indian River County Library without restriction as to use of disposition and agree that they may be used in the library collection, in the Friends' Book Sale, or disposed of if not usable. Donor ~ ~'c. . Address ,~. ~ ~ Z ~ . c r ----~-~, Elsie Eggen~ Co-President ~' ~ Friends of the North Indian River County Library G`~ ti3 ~f`~~ ~ Un a HOME OP PELICAN ISIAND Subject: Parks & Recreation Advisory Agenda No: O 7. D O ~ Committee Position Department Origin: City Clerk's Office Ap ov for S,pbmittal by: City Clerk: City Attorney: Date Submitted'3/7/07 i an er For Agenda of: 3/14/07 Exhibits: Code Expenditure Required: Amount Budgeted: Appropriation Required: SUMMARY STATEMENT Pursuant to Section 2-173 of the Code of Ordinances, "any board or committee member shall be automatically removed if, in a given fiscal year he or she is absent from three consecutive meetings without an acceptable excuse." Walt McCarty has missed three consecutive meetings since October 1 S', 2006. To achieve proper membership, Mr. McCarty should be removed. RECOMMENDED ACTION Remove Mr. McCarty in accordance with 2-173 of the Code. ~y ~~ arcoF SEB~T HOME OF PELIUN ISUND CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Temporary Environmental Advisory Agenda No. Orl. 004 Committee Department Origin~City Clerk Ap oved or Submittal by: City Manager City Attorney: • Date Submitted: 3/7/07 For Agenda of: 3/14/07 A nne Exhibits: Application, List, Add EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY At the last Council meeting, City Council made a decision to keep the Committee for six additional months while contemplating the merge of these two nature-based committees. Even though there is language in Resolution No. R-07-10 not fill any vacancies in the interim, Ms. Koerner responded to a press release that has been on the web and channel 25 since November, 2006. She is aware of the possible elimination or merger of this committee and is still very interested in serving. RECOMMENDED ACTION Interview, unless waived and nominate Ms. Koerner to one of the vacant positions. ~~ ~S ~~ -- HOME OF PELICAN ISLAND ~-~ APPLICATION TO SERVE ON CITY BOARD/COMMITTEE (All City Board and Committee Members Must be Residents of the City of Sebastian) ~,~ NAME: HOME AD SS: ~' ~~ HOME PHONE: Z_ _~ HOME FAX: E-MAIL: ~ BUSINESS: ~~ BUSINESS ADDRESS: BUSINESS PHONE: BUSINESS FAX: E-MAIL: --- ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? HOW LONG? DO YOU C ENTLY HOLD ANY PUBLIC OFFICE? DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? WHICH BOARDS/COMMITTEES? PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: CHARTER REVIEW COMMITTEE (selves only 6 months every 7 years -meets next in 2006) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary -meets during summer) CODE ENFORCEMENT BOARD (permanent board -meets once a month)* CONSTRUCTION BOARD (permanent board -meets once a month)* ~~HANDICAPPED SELF-EVALUATION COMMITTEE (permanent board-meets quarterly) PLANNING AND ZONING COMMISSION (permanent board-meets twice a month)* POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board- meets quarterty)* PARKS & RECREATION ADVISORY COMMITTEE (permanent board -meets once a month) TEMPORARY ENVIRONMENTAL ADVISORY COMMITTEE TREE & LANDSCAPE ADVISORY BOARD (permanent board -meets once a month) OTHER TEMPORARY COMMITTEE (if applicable) (WRITE IN COMMITTEE NAME) *Filing of financial disclosure is required following appointment ~q APPLICABLE EDUCATION AND/OR EXPERIENCE: (a brief resume is required) l-~J G[~ ~~ ~ /~~G~°'~-~Ge~r~{- ,,c~L~ Cam, ~' c~g~ ~/~ ~ ... j-~d~~?~G,,(~/~c/-~/~g1~~~~yJI~7. ~7Z~j T~j~~el~ v^~? f/ ./LV a'_~y/ LIST ANY ADDITIONAL QUALIFICATIONS O SERVE ON BOA D OR COMMITT ~GG,!t~G~~ G~~. o3l~G~-a-~° G~x~ ~G- -~n.c--~.~La2~-. ~ ~ ~• HAVE YOU EVER BEEN CONVICTED OF ANY FELONY IN THIS OR ANY STATE? ~~ HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? ~,/~ WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? ~~~`? I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification. I have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2-166 through 2-173 (attached). Information relative to a specific board or committer available if requested. _ 7~ppit Signature ~ nd sworn to before me this day o ~~ by f~ or has produced ~~ !" ~.. i as identification. / •vA~'r"'•• ANN VlA ROUSSEAU :~• ''~; ,, ,r MY COMMISSION # DD 518784 bt' ry Pu lic, State of lo~a ~~;;~;,;;.~• B aedPrnmrio ryP~18,~20~10~~ o ~~~ Please return to Office of the City Clerk, 1225 Main Street, Sebastian, FL 32958 - (772) 589-5330 \wp-form\a pplicat.wpd rev. 10/2005 ~~ 3~-`~'~- 's TEMPORARY ENVIRONMENTAL ADVISORY COMMITTEE R-05-11 Patricia Beckwith Mayor Appointed Term to expire 465 Lighthouse Avenue McCollum's 4/13/05 at the end of Sebastian, FL 32958 appointee McCollum's 388-0414 term in 2007 Larry Birchmeyer Vice Mayor Appointed Term to expire 1542 Addie Street Burkeen's 6/28/06 at the end of Sebastian, FL 32958 appointee Burkeen's term 589-9334 in 2007 Dale Simchick Council Member Appointed Term to expire 766 S. Easy Street Andrea Coy's 6/28/06 at the end of Sebastian, FL 32958 appointee Coy's term in 388-6006 2007 Trish Adams-Chair Council Member Appointed Term to expire 47 River Oak Drive AI Paternoster's 4/13/05 at the end of Sebastian, FL 32958 appointee Reappointed Paternoster's 388-5535 4/12/06 term in 2008 V(~C(,~,(~(,t Council Member Term to expire Sal Neglia's at the end of appointee Neglia's term in 2008 Kristi Yanchis environmental Appointed Term to expire 125 Royal Palm Street based science regular Sebastian, FL 32958 or regulation member 3/2007 388-2911 such as 12/14/05 arborist or conservation Appointed officer alternate 9/14/05 VQ C S L ` development or Term to expire l> ~Y environmental- dependent 3/2007 business such as fisherman or landsca er Diane Powers alternate Appointed Term to expire 632 Albatross Terrace member 5!10/06 Sebastian, FL 32958 3/2007 589-7171 DennisP717 bellsouth.net ~ - --. James Slattery alternate Appointed Term to expire 1361 Barber Street member 9/14/05 Sebastian, FL 32958 3/2007 589-6006 *based on termination two years from establishment. If board becomes permanent, these positions should be reappointed accordingly. `` CITY OF SEBAST~N _~ . ~,w ROME OF PELICAN ISLAND November 7, 2006 PRESS RELEASE CITY OF SEBASTIAN TEMPORARY ENVIRONMENTAL ADVISORY COMMITTEE THE CITY OF SEBASTIAN IS SEEKING APPLICANTS TO FILL THE FOLLOWING POSITIONS ON THE COMMITTEE: Ole member with background in development orenvironment-dependent business, such as a commercial fisherman or landscaper. Term to expire March 2007 ALL APPLICANTS MAST BE CITY 12ESIDENTS. THIS BOARD MEETS ON THE FIRST TUESDAY OF THE MONTH AT CITY HALL, 1225 MAIN STREET, SEBASTIAN. APPLICATIONS ARE AVAILABLE IN THE CITY CLERK'S OFFICE, CITY HALL, 1225 MAIN STREET, SEBASTIAN, BETWEEN THE HOURS OF 8:00 AM AND 4:30 PM AND WILL BE ACCEPTED UNTIL FILLED. ~# 1Z cTTr eF HOME dF PELTUN TSLAND CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Resolution R-07-09 Final Plat for Sebastian Crossings Commercial Subdivision Agenda No. ~~o . ~ ~,3 Department Origin: Growth Mana e Purchasing/Contracting: Finance Director: for~,Submittal by: City Manager City Attorney: ~ City Clerk• Date Submitted: March 7, 2007 For Agenda of: March 14, 2007 Exhibits: Resolution R-07-09, Final Plat, Application, Performance Bond and Estimated Construction EXPENDITURE REQUIRED: I AMOUNT BUDGETED: I APPROPRIATION None REQUIRED: SUMMARY CRF Panther II, LLC has filed an application for fmal plat approval for the 10.14 acre Sebastian Crossings Commercial Subdivision, adjacent and east of the Sebastian River Middle School. The private subdivision includes 41ots, a master stormwater system, conservations easements, and the southern portion of Sebastian Crossings Boulevard, to be dedicated to the City of Sebastian. The subdivision will be accessed from an entrance off Sebastian Crossings Boulevard and an access off CR 512 westbound. Staff has verified that the fmal plat is in accordance with the preliminary plat approved by Resolution R-06-14 on July 26, 2006. The City Attorney has reviewed the plat dedications. Additionally, all engineering, and surveying details have been satisfied in accordance with Florida Statutes, as reviewed by Mr. Rod Reed, P.S.M. As allowed by the City's land development regulations, the developer has posted a bond in the amount of 110% of anticipated construction completion costs so as to permit fmal platting, and thus conveyance of property, prior to completion of infrastructure and site development requirements. The City Engineer has reviewed and accepted the estimated remaining costs, and the City Attorney has reviewed and approved the performance bond. RECOMMENDED ACTION Review plat dedications and performances guarantees (bonds). Staff recommends approval of Resolution R-07-09 to accept the final plat for Sebastian Crossings Commercial Subdivision. l~ ~~ RESOLUTION NO. R-07-09 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS SEBASTIAN CROSSINGS COMMERCIAL SUBDIVISION; PROVH)ING FOR CONFLICTS AND EFFECTIVE DATE. WHEREAS, CRF Panther II, LLC, has filed an application for approval of a final plat for a subdivision known as Sebastian Crossings Commercial Subdivision; and WHEREAS, said final plat complies with applicable State and City codes and regulations; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. FINAL PLAT APPROVAL. The City Council does hereby approve the fmal plat for Sebastian Crossings Commercial Subdivision prepared by William Mott Land Surveying, Inc. bearing the surveyor's date of February, 2007. Section 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. EFFECTIVE DATE. This resolution shall take effect immediately. The foregoing Resolution was moved for adoption . The motion was seconded by Councilmember _ upon being put into vote, the vote was as follows: Mayor Brian Burkeen Councilmember Andrea Coy Councilmember Sal Neglia Councilmember Al Paternoster Councilmember The Mayor thereupon declared this Ordinance duly passed and adopted this day of 2007. ~5 by Councilmember and, ATTEST: Sally A. Maio, MMC City Clerk CITY OF SEBASTIAN, FLORIDA By: Mayor Brian Burkeen Approved as to form and legality for reliance by the City of Sebastian: 76 Rich Stringer, City Attorney m ~ ~ -, r w ~ a d o ~ ~~ ~ ~~~ ~ 3 ~~ ~ ~~ ~~ a N~ Q W O ~~ T~ v z~ T/~~/~ V1 W U ~ z~~ ~~~ ~~~ T~ V 1 ~~ . ~~~ ~m~ a~ ~g~ ~~~ b ~-~ W Y.gN F ~~~ °zg~~ ~~~~ ~~~~ ~ ~~ ~~~~ ~~ ~~~~ ~~~ n~ ~~~ ~ ~ ~ ~~~g~~~ ~ ~€ ~a ~~~~~~ ~~ ~@~ ~~~ ~ ~~ ~ ~~ ~ ~ a z b ~ ~ ~~ ~ ~ ~4 ~ ~ ~ o~ ~ W Q ~~''z J w ~ ~ moo wZ w~o ~z oQ r I 6 ~~~~~~ $3 ~~~~ ~ ~ ~~~ ~~c ~a ~ c ~ m cam' c am m A m mwa~aqq c ,g- w•- a,~= uiow~° iA ~ ~ ~ ~ .~ C ~ - ~ A E LL W ~ O 37 O m ~ ~ r C m '~ ~ N ~ M t~f ^ LL m o Baas c~ wa ai p$ m$ ~- ~ ~ ~_$ ~m;ma~s~maMM~M~r ac,jr61 a'°i m`o ~ ~K.G~~`os u cw o~yt ro~~$ao~ a.ca W,~ w N m- rn t7 e m m 3~ m a y w m o 2 m w A ro o~~~~ a~$ E`~3Ua~waE mo ,s$o azam a3cw mmmm~+ m~ ~o33'c~Umccoi~auti$~omWC~mm>> ~mrto'cccc0 ~~z ~~~ ~~c~s 3Cwcmi~Nsa~$$$voiyL $z~'~59~~ w g°'~ F.'w~'r~.~~z m;r ~'°.3 4$; o m ~ °~ ~ E~~~ caaaa~ ~ 0 o Qa$rA am ~ ~U~lQra,~'"3wLL cM m~° p m m10 t0 m m9 `o mo> mma mmg3~° c"A$'woa` ~pm$ ~t0~$m..r °sam o ~Y~ E$~~'Ss~ ~yg~ 4 ~ o moo u m "mz°da:;,~ `m" A m.r E O g c ~" o.. mm 3 10~ wt w"p''$~'n ma c'^ cc~ 3ww W m C T ~ a cm9S uaammo$ ~$o~~w3~mc~mc~oo$~YO3~°vWZ~ ~~`om ~$~~w$amr°s~°ao.~~momc~'3c28m~m~mro~a~v~i-o°~Z`oa zwcm o$rnnie'Swmum.SLL~~~cowar2v~mKw~mq~?Wrog~g~(9~ Q m E ~ 5 ~ $ o m a m a a~~~~ o m I-a~o. ~~ acmyno>,aacccm A~gc °~ L &9.C O V ~ DMLL V OO mN 03a m3,~ fq~N C NNa ~~ QN C 1COg O OLILv m m C m a m~ r a- p Q r acu u~ WL°CaOOO~ m u cc TwcawzZz y9mSta `°aq~.KV~ armQSy~U~a~AO -$ aw5'^mmmm~r a m c r `o C O 3 ~~ o, .. m ~ a u u u u~ W w o a~ u y a° o $ t ~ g c o 3 a 3 `o c o o `o c c c c c D cq ° m c a~ o m W m m u .~~'~ c m m °~ o~ m4 mz~ m8 m m m m0 ~ ¢~~m,°y~ EhYV3~10~~c~« o ~54~4`m°up`°cc`~E'"$ra$$m~ U$_arst Eu~om '''~c$°u~$ ~a'`t`~zE~u ~'~°s~'$$$$$o ~a W o a ci~mrc$m°3v$v~3 W.a«otmn3~c~~ V wK3aUmK3LLLLLLLL.~SU ~ ~ :o~, d s € 9 e~ x ~ °w oZOO~<~ g ~ ~ "~3r$a ~ .~ 8 •g~ a'seg S a°.io FF"rc y R g0 SOY q3o a'ao .~ mdi~ ~ g ~ ~F $r3 0 ~_~ oo~Fw~o 2~ QLL ~ ¢.aQ ~ q S .mss yenta ~ S ~n ~S~~~i°s m "~ og $ o $ g~ m0 E~ O ~-O~~ u~ W~ oN ~ EK $ d ~$ ..g $gc sy ° LLw ~ ~~O m gq~ ~gOa~u7¢~ O; ~~ ~ E$$ $ 8 d E~ mm~a~~p &~' g 3u9 ~~O~m~ a wp ~~ ~ $°W ,, ~ ~o m~~~rc~ -~.~ ° wig ~~g6' ~ g ~aa, a~ ~ C~$~ ~ ^ to ~ oW~ ~.`~ ~ y up udm ~ LL~ ~~ 8 ~~fH ~ 8 ~~ ~~~wggQ34g o ~~ao~O"~ 4~ ~ ~5 z~ O~ a -~~ ~ ~ ~Y ~d~m~'~~~~ ~ a4~WO~a~ E ~' c=io ~ a8~src ~ ~ Y ~d'gFEg~ o o~orc_, `~~' dgg o ~ ~~ ~g cmgg £ ~ ooo3g~~~ ~~ g~g~ ~~ ~~E~C ~ ~~EN w0 z38~~~~g~H& ~ o~~~~p~~Om ~ ~m FZ ~$ ~~gg~ 3 ~Om~NOR~g.~~~~W038~~ p ~LL~~Z~a'u~ u m w ~o ~ 3qg~ WR'~Q~g'o2$u`3~a~~'~s~a_ C N~~ o ~ 0yo W~~ J~ mmS~ EQ~sgQB~LL3oy~o$`sgt~$ } oow$~~o~s t p00 =g ~6. ®_ O _~.6 S ~ia~a3~¢ .~ ILLL a ~ ~w ~~a E~ ~~°rn ~s~~$°- ~~~r aao~e°n° °o~ ~ Fo~m~WQ~ ~ ¢¢ ~4LL4`~ ~a°°.-.~ t-n~-n~nm'~t>m'3ar'ne~o~~a~ ~ ~1W5LpSO~y~ 3 F~~ u~ ~ ~ N M Y N f0 h c0 ~ ~ K Q w~~ O ~~ ~~~ a~ ~ ~ ~~ (~ ~ ~~ ~ ~ ~~~g ~ ~ g ~E~ ~~ +~ ~~ ~~~~~ ~~~ ~~ ~ ~ ~ Fl~ ~ ~ 8~ y~~ ~~ ~~ ~ ~ ~ ~ ~ ~ ~ ~~ R~ n~@ ~ ~~~ ~ '`'1 o yp, W ~ ~ F~~ ~LL~F < V ~ 3 ~7{ ~ g~ m I ~ u W `~~qp R ~ ~ ~ 59 3 ~ ~ ~ ~ C < C ~ K m H ~ I~j ~ qQ~j ~p§~pp§[ m i ~ ~ ~ _~= Yom W Sa ~ ~LLZ 93 g{ lgpy ggs ~ W Y ~ 7 /'~ p3°~O3]m~ dp W W• b ~~~~38~~0~~ U U ~ 2 $ S~ O ~ 2 .. ~~ pg~ Ya 11 1 t I I 1 I 1 I I I 1 I 1 d d O ~ ~ 5~0~ dWLLW ~~ ~ _~~ < 22 "~~E g < a o u9 z d,g~ o ~ ~ ~ r ~ ~ ~ ~i F ~~ ~~~~~ "g~~lx9~~to~88d ~~~ ~ ~u3pz z g= ~ s '*~ ~7~~~ p i g NN ~ < ~~ ~ ~ ~ tpf ~ ` LL ~ ~bF~~~a~R d ~~ !~~~PgSyy~ °u~m~~ul °ul ~~W~p~°i ~uS~Z ~ Z ~~orWR, !!~Fi+ ~~ ~~~~at~~ ~ ~ O 5 ~~~ o S 8~ ~ o~ n 4 ~' o '~ ~~ a ~ XF~~~~~~~~~~~gg2Y888g8 :~ 555~~~ f>( ~ N'~ p( rW~ ~ (Oj 0 ~ = W p 5 ~l ~ u~ ~•1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ttttddd55555~ #3 W 113~~ W S ~ W p~ e ~ 7 ~ 2 5~ g51°~ ~Lai~l ~ °' 2 yWI O W O ~ O p2p 7 ypj ^ ypj ~ ~ ~ ~ ~ O^ •OG~~~rl~nB~~K[6KICCn ~~B Y3 pCpavrj «ZpZ F~ t O y~y QeOpy^'~' €~ O O V LL ~ .~ 1QI Y, 8Y 2 d~ 2~~~ C W p 7 C ~ ~ O O~~} F- IZa ~~ Op ~LL HW K W F ~ ~LLW~~O ~~ ~ ~ ~ yaa~ ~o ~ o~x o~ ~ ~ ° z°,~g dldti c ~~e~ mNwO I-~iV H w~ M 9 ~~b $ ~ 3p ¢ T ~~~~ N n! ~ ~e mN ~, 'V ~ s { °" 3 ~~ 1 4 A 8 1--1 U a M W -~ ~~ x ~ y ~ ~d ~~ 2 o ~ ~~ ~ ~ 4~~J ~~~ t~~g o ~ °~ ~ ~ ~ ~~~ ~ ~~o~ z z~~~ r~ 0 U ~/~ a~~m ~w~ V1 ~ m ~~.-1 a~ y y~aQP W ~~oa m`ay wz~~ zx0~ U~ o~o~ ~oo~, ~ ww~p z ~ 8~ <ozE z z ~~m °~ ~ ~ ~ ~ ~~~ ~<U a a ~ yin ~' ~ ~~~ £ v}~ywz Qwo<a a° ~m ~~ ty~W~Q ~OF W Z~ ~~ ~~~ 0.0.c" ~ SS V 0. 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N ~yp~ A J ~, o ~ kS[2KS[i $30Vd 'OCOL 7k108 71'O 1f1d 0311V1tl lON 1~$ I{:~ I 1 3 ~4 1 ~~ f Dl N1 ql~ OIL 3 i~ ~I~ c~l~ ~I ~$ ~~ 0 6 , N ~m~ ~~8 az~ w~ ~F3 $b~ w~ ~~~ ~~s K O o~~~ 2 a ~D Permit Application No. ~s City of Sebastian oF„~ Develoament Order Annlication A licant If not owner written authorization n otar i zed from owner is re uired Name: /~ ~/ I ~l ~~v t p - / Lf~~IG~I g~ Address: / ,~ ~~~ c~E7jr ~or~ ~ ~Gt~UG ~~ ~c. 7bD ~~-n~ 1/L ~j3~~ Phone Number: (~) G~7 - j>;gl FAX Number: (~63 ) L~ - ~9~ E-Mail: bb~l~ @ a -~ ~ ~~ . ~o~, Owner (If different from Name: Address: 'i Phone Number: ( ) - FAX Number: ( ) - Title of permit or action requested: o ~ I „ , _I . f .y~ L ,/ ~ i ~ a i r---~Di ~v. i I 1'itM' ~~iT /f-r-DYbV w' ~' ~ PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 8-1/2" BY 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project Name (if applicable): Si 4N C~riT~S ~ ~ t .~..c~-c~u t B. Site Information Address: ~~.tl. ~~. Ccl2 $1 Z} ~u.vl , ~ 3'L~5 Lot: Block: Unit: Subdivision: Indian River County Parcel #: 313822t~xa0 ~ ~ppbppp Zoning Classification: C~ Future Land Use: ~ Existing Use: acu~- Proposed Use: v Car~wa~`k ~ C. Detailed description of proposed activity and i~urpose of the requested permit or action (attach extra sheets if necessarvl: ernw+wr~,.`w l 5t~odt y-`Stoh DATE RECEIVED: ~/~/d~ FEE PAID: $ ~~~"00 RECEIVED BY: ~~ /3 z8 `b~ Permit Application No. D. Pro'ect Personnel: A ent: Name: Address Phone Number: ( ) - FAX Number: ( ) - E-Mail: Attorne Name: Address Phone Number: ( ) - FAX Number: ( ) - E-Mail: En ineer: Name: ~~ h ~ ~i a ~~ 'r c +1oc Address '~LyF r~ ~Jvi-~c ~ • t~ ~ 2~i(~ Phone Number: (?'I2) ~2 - ~q~~ "FAX Number: (~J'?2)~,Z_ 4~y E-Mail: Surve or: Name: Address Phone Number: ( ) - FAX Number: ( ) E-Mail: 1, ; ~'~+~1 ,BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: _ 1 AM THE OWNER ~ I AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE ACCURATE AND TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. SIGNATURE l ~~° O~ DATE SWORN TO AND SUBSCRIBED BEFORE ME BY ~I~Gtx~vi S. ~O VIA WHO IS PERSONALLY KNOWN TO ME OR PRODUCED AS IDENTIFICATION, THIS DAY OF `} ~i/l Lt (D-Yl~ ~ 20~, NOTAR`PS SIGNATURE ~--C/~G~ Yl^ ' rrr~ PRINTED NAME OF NOTARY ~_~ [( y)') . 0--r f 'O Y COMMISSION NO./EXPIRATION I / 3 (I p SEAL: ~uuonnann~nnu~uuunn•mnun~ LISA M GIFFORD "~~Oj'! Comma DD0503561 _:°~~~ Expiroa 1!3/2010 ,~a g Bonded thnl (800N132~254i '•''%fm a~~, Flonda Notery Assn. Inc ' ~j ~ . .............................. ...........1 Permit Application No. The following Is required for all comprehensive plan amendments, zoning amendments (including rezoning), site plans, conditional use permits, special use permits, variances, exceptions, and appeals. I/WE, ~ THE OWNER(S~ / _ THE LEGAL REPRESENTATIVE_O~T,~i~OWNERIG~ OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE BOARD/COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE I/WE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WAIVER AND CONSENT 15 BEING SIGNED BY MENUS VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMISES MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. SIGNATURE DATE Sworn to and subscribed before me by ~3rax~ S. '130Y1i'i who is personally known to me or produced as identification, this 3 day of .S r,~v~ua. , 20~. Notary's Signature ~~-Yt~. ~-z.~-- Printed Name of Notary Sc~ ~. ~cL Commission No./Expiration I ~ v ___ Seal: ~nnonu.nnNOn.nun.~..n.n n nn~~ LISA M GIFFORD _ e ~ s~' SuuuTii~nnuu~Fbnde NOtary A. ~~i i~~i r COnN11M D00603501 Exgns t/J/2010 '~,~, ~~ Bonded thru (BOOy432~42 w~ ~4 ~~p~ BO.I\iDN.~!.: 4'i 0~431`~5 S'U.BDIVIS36N BOND; 1~IQW ALL 1+~1rN.BY TI-#ESI~ PRESENTS that weiCentury Retail, ~Q~strtrction; LLC- 422_f} DUrt'mt~r~ ter , Lake Wafer, FL 33$ r9 , as Principal, and_ plat~t~ .l~ixec ~nsutance ~otr~patty, a:carpora3lon organized under tkte laves cif Nebraska. and cl~ly aolFtcu~~st~ :Eu, enbage in the surety business in the .;state of Fiortda . as Surety, are~~ointly.arid:sey~~Ily held aril ~irtitlj bounel urtta Ctt of".ueb~stal~ri FL , as ~b~i~ee, in the sum,of ree un = re ~ t iue housand, Five Hundred-'Tw~niy & 04/1 Q Dolly ($ 3;?5,520'. ~ ), far the payment whereof the Princagal; end _~~~tr~ty ~~°~d .: tlreit~elvea; their heirs executors, administrators, successors and asst~tts }otmtly~ ar~d stwerally„ firmly by these presents:. Vkrl-l~R.~AS.,thts bond is required: pursuant to. the subdvts~4ri re~u:.iati~rts of VUHLItE~S; sajd Bond ~i~ required its an anQOUtIt enc~a~l to °b.a~r~a,:est~rr~~tsz: costs>~rf alI itnprovpments desr:rilaed in the plans approved'bytl~e ~1~1;igce_, aria: plus 1''~~ .#l~e prc~~~.rt ~nov~;:ae. ~FtEA~S ails bond ~litrtl ~cc:iare thn ~'gsts of `tal~~r .aka n~x~rtal~ aii~ ~us'sftsl; .., ...., a~~struetion;;:cozi~plettonsrid acceptance of al:l. rmpra~eiret hs.set Ertl] to the tri~pt~v~t~ter-ts.. paw NOVI~, THE~REI'Q:~E; ti:c:candttort of this obiigatx~n is sup~.:[~a~ ~~~~ 1'rtrct~al:,snt~ll perfflzzn ea+eh. att8 every portion of the a~ppraved platt.,:~er~ this oblgatron. shaia~~_aull a~tl vo~tt; otlietwtse it shall remain in full farce and.efTect. SIGNED AND SEALED:,. thza the 21st day of __ Febrt~arrjt? , ~ 07,. century Retail ~onstr~ctQn, 'L~L~ gFrinenal) Title: Platte River Insurance ~ornpany (Surcry) By ~ ~' ~~~' {Scan. Anomey-i~n-fact. Daphne -~i~DOzald Pam a ,of 2. g5~~ PO~?ER .OF ATTORrT~Y 1fiVOW Aft. MEFT BY THESE BRE,SEIVTS; That the Ei>ATTE.ItIVER INSURANCE COMPA'N3C, g corporation' bf tH6 Stets: of Nebraska, fraying its: principal offices in the-Caty of 1S!Iiddleton, ~Wiseonsia, dogs makg,'cunstfute and appoint IlAPFI1s1E'MCDONk~ n:-. its true anif lawfril Attotney(s}nr €a" to ma&6, execritc; seal artd.. delroer`fot and on its behalf,` as suret3'; and: as it's aet anil::de6d, ate acrd a71 tionc7s, gnderfal~rpgs aad:conttacks. of suretyshtp, pcpvided thpt,no llondor tmdertaking or;contrach of:st~tyship s,~rgcuted gtrder>1ussuthpri;yr shall;exeeerl ia. arpounc~the srlgi of _.- _ , ,... , .:AL(,i V1!RTI'1'IT~1,3NS.TRUM'ENTS ILI AN AIvIOUNT•.~I,000ODp;tHl_ . at ~~- ,...,n. ,,.~ r,w..wKg pr}a vice-rrestnent, tue aeoretary or treasurer,, acting mdrkidually ar o"therwsso;.:be and tltoy heieby-are g~apted. the power ~snd authotizatton toapporntby a Po3ve_ofAttorney for tbe.purposes~ gnly°q€exe~nting~alrA attegting 6rsnds;;aaB nndezCel~mgs:;anti tr~lier writs; oblrgetory an the tratuYd tlaxracrf, outtor morq:.viaa-gfbsr~crrtsr assFStaut secretaries and attomey(a~-m fact eablr appoiateE to-RAVE thb }4awats acrd tiutyes: usual Ep such o~~ea to the buatne~, of the Corpotatton; the signature of such officers and the:sesl of thtr Corpbrahon may b4 affized~to<~c~l~v,Ke~ of attorn~Y or to aAy cert~a$te ialatrgg; tbereto.by >'aeaiwle, and any such power ~$ atEorneq orcerl~gate•bganng 9uoh fsesiu~~ stgpatyres qr csi}pg: .Real slral] b8 VAliti ahd biridtng ttpori; thb Co : ration iii the fittirrt with res eat to ~ g bligaftiryi m tlie:;itature: p Any bond or undErtak~n br other tvritin o thErsof to whib8 it 1$ atraehed. Any. such appmintment au~iay be revoked, for cause, or:ovithout caii$e. by, ahy o~'said;glfine}s a~ arty Lane.''' ~ ~ ~i~~`Qg+ the P~,A~ RIYERIIYSIIRANCE COMPANY has Caused these`presrtrtA:to be s1 by its:~~iter ryrtidersigned~nd `ts corpoi~tb seal. tb=ire fiereto-affiaad dirlY ette~tatl, thrs~l~c da3' of furze, 240G. ,, ~u ~++~ .{a~ ~Y oi,.rune, ~vo aeroro me parsonatly Gau-a Jatrtas 7:~rlclatyre, to me known, who being by ^ie dr}ly., sgrgi~ did deppae. ands:. he resrde$:~,the Cbrrnty of Uaiie, StaYe.~o~Wrscgps-•tr, that he is Presdept of P.LA;'f~~;RIVEBIIYSII,RANCE, CaO1~Y, the, se~rpoon desc~etl its and t~i+lrieh executed tliE above tnstrrrEnent, that lemwa`-tbt seal xifthe said corpbrarion that~tfie ae81 atFrxeR to ssitkin'sfrutiiE-dys such ¢brlrora~'s~l; that tt was so affraced by order oi; tfie.;Board ofAuecto~s; of sat,8 egipolatton;aad that ltg signed' his name Eltereto by lilce order;; r~nueagt. ~ " Kathleen A Paulsoli STATE, OF WISCO1+lSIN ] 5.5 Notary Public, Dana Co.y ~NI COUNTY O$ DANA J C&R'I'1FZCA'PE, IVFy Cpmmrsstoa E~cpn~a 1 Q-tS•2QD a to ma14 this certrficatc; .DO~ HEREBY GR,RTIFY that the,fore o g ing attached Power of Attorney rnmn,nc .w ~rll. forcEs: and .has not`:beru revoked; at>d furthermore; that theResolution of the=Board of Directors,, set:,forth iu the Power pfAttozgey is,now iri force: Signedend.seafed at the.City of 1vIiddleton,; State of `4Visconsia tliis 2 } St .,day of ~'@}~r'ttr3~V' 2' 0.0:7 ~r~ i "C~'`'k;G SEAL ~~~i~!/ ~ ~G9~`~ Alan S. O.gdvle • +n.~,.+ Secretary TffiS DOCUI~fiENT 1S`1'iOT'VAI,ID UNLESS PR"INTSD ON G1tEBl~ SHADED B1\GI~GROLNA WITEI A R1+D:SERIAI; N+JMBER hI TH$ [TpP$R, RIGHT HANl7 CU~21~EIt_ IF'f~OiT HAYB ANTE QUI:STI'OIdS CD2I~ERN7~T(3 TLiEA~t.1T);IED)`1'ICCfY. QF Tlil&;TA(~,UMEI~T'C CAI.Y,.;8Q0-475~44SQ: RkS•eE'tA'tsdbl: KIMLEY-HORN AND ASSOCIATES, INC. 2/28/2007 601 21st STREET, SURE 300 Sebastian, Florida -Sebastian Crossings Commercial VERO BEACH, FLORIDA 32960 KHA JOB N0.047608002 (772)562-7981 The Engineer has no control over the cost of labor, materials, equipmen4 or over the Contractor's methods of determining prices or over competitive bidding or market conditions. Opinions of probable costs provided herein are based on the information known to Engineer at this time and represent only the Engineer's judgment as a design professional familiar with the consWction industry. The Engineer cannot and does not guarantee that proposals, bids, or actual construction costs will not vary from its opinions of probable costs. Conceptual Opinion of Probable Construction Cost Reference Subdivision Construction Plans dated 10/25/06. Prepared for the City of Sebastian. Sebastian Crossings Commercial in Sebastian, Florida ADDITIONAL WATER SERVICE TO LOTS 2-4 UTILITIES Water Service Quantity / Unit Unit Cost Cost 2" P.E, service Ilne 35 L.F. $8.00 $280.00 /i 1" P.E. service line 100 ~ L.F. $6.00 ~ $600.00 v , Service connection to existing water main 2 EA. $1,000.00 $2,000.00 Meter box 3 / EA. $800.00 $2 400.00 Subtotal $5,280.00 ADDITIONAL WATER SERVICE CONSTRUCTION COSTS TOTAL $5,300.00 i engineering ep~rtme ~ ~~ r Approved I/ Date °7 Approved Sub'ect To - -- Signature ~ t:~~ (Original Scamp Red) f 62-j282930~,\ ~ryyti ~' N 9 ~ ~ ,P ,o ~ G fn °~ ~ ~ ~~ Ov ~``~9~5~~~£~Z`'~`~ G:\47608002\ENG\COST EST\OPC addi8onal-2-28.07x1s 3~a~o~ ~~ .. .. .C1 ~~ 2 KIMLEY-HORN AND ASSOCIATE3, INC. ~ ~~ 601 21st STREET, SURE 300 Sebastian, Florida egastlan Crossings.,: . VERO BEACH, FLORIDA 32960 ~'" KHA JOB N0.047608002 (772) 562.7981 Total Acres: 8.921 The Engineer has no control over the cost of labor, matedals, equipment, or over the Contractor's methods of determining prices or over competitive bidding or market conditions. Opinions of probable costs provided herein are based on the information known to Engineer at this time and represent only the Engineers judgment as a design professional familiar with the construction Industry. The Engineer cannot and does not guarantee that proposals, bids, or actual constucton costs will not vary from its opinions of probable costs. Conceptual Opinion of Probable Construction Cost Reference Subdivision Construction Plans dated 10/25/06. Prepared for the City of Sebastian. Sebastian Crossings Commercial in Sebastian, Florida SITEWORK Earthwork Quantity Unit Unit Cost Cost Mobiliza0on 1 L.S. $10,000.00 $10,000.00 Cut (not done with scrper) 15,850 CY. $3.50 $55,475.00 Flk (not done with scraper) 1,650 CY. $1.50 $2,475.00 Sfta prep, clearing 6 grubbing, strip topsoil 3.50 AC. $2,500.00 $8,750.00 Fine Grading 3.50 AC. 51,000.00 $3,500.00 Subtotal $80,200.00 Erosion and Sediment Control ConsWdlonEntrance 1 EA. $4,000.00 $4,000.00 Erosion control sik fence Inbt protection ~ry G 6 EA. $100.00 $600.00 Erosion control temporary silt fendng .{,•i7 ~ £~ 2,76 L.F. $3.00 $8,260.D0 Subtotal $12,880.00 Storm Drainage Quantity Unit Unit Cost Cost 18" SD ADS ~ L.F. $34.00 $3,672.00 24" SD ADS 177 '~ L.F. $45.00 $7,965.00 39"SDADS 183 /' L.F. $77.00 $14,091.00 48' SD ADS 304 v'' L.F. $124.00 $37,696.00 Type C Inlet 5 ~ EA. $4,000.00 $20,000.00 Storm Manhole 2 .,~- EA. $4,000.00 $8,000.00 Drainage Contrd SWdurc w/skimmer 1 ,~, EA. $5,000.00 $5,000.00 Headwall 1 / EA. $2,200.00 $2,200.00 Subbhal $98,624.00 Landscaping Quantity Unk Unit Cost Cost Green Area seeding, mulching, sod, top solla etc 104,550 / S.F. $0.25 $26,137.50 Subtotal $26,137.50 Miscellaneous I Quantity Unit Unit Cost Cost Chain Link Fencing (around pond and wetlands) 840 / SF. $13.00 $10,920.00 Subtotal $10,920.00 UTILITIES Sanitary Sewer Quantity Unit Unk Cost Cost s"PVC-SDR35 ~tj 40 L.F. $31.00 $1,240.00 e" PVCSDR 35 <12' depth 860 / L.F. $39.00 $33,540.00 Connedlon to existing gravity sewer 1 .~'~ FJ\: $2,500.00 $2,500.00 4• Manhole 6'-12' depth 4 /~ EA. $4,000.00 $16,000.00 s~brorai $s3,2eo.oo PAVING AND PARKING LOT Paving Quantity Unit Unit Cost Cost Regular Outy Asphalt 730 S.Y. $24.00 $17,520.00 Type D Curb and Gutter 242 ..~'' L.F. $17.00 $4,114.00 Sidewalk 37 ~..a'' S.Y. $39.00 $1,443.00 Striping 1 ~s~ L.S. $1,000.00 $1,000.00 Subtotal $24,077.00 SUBDIVISION CIVIL CONSTRUCTION COSTS TO AL $3oa;2oo.00 el o~sc-~ggsz>Aw ~~ n~i ~ ~° ~ ~~pr ~~~~ ~~pr ~d l.lb~ o"J ~1 (C3rl~a~i~:\~oo~CEN~G\Bco~~T ESTIOPC-1-24-07x1s KIMLEY-HORN AND ASSOCIATES, INC. 601 21st STREET, SUITE 300 VERO BEACH, FLORIDA 32960 (772) 562-7981 2/15/2007 Sebastian, Florida -Sebastian Crossings Commercial KHA JOB N0.047608002 The Engineer has no control over the cost of labor, materials, equipment, or over the Contractors methods of determining prices or over competitive bidding or market conditions. Opinions of probable ~ provided herein are based on the information known to Engineer at this time and represent only the Engineers judgment as a design professional familiar with the constructlon industry. The Engineer cannot and does not guarantee that proposals, bids, or actual construction costs will not vary from its opinions of probable costs. Conceptual Opinion of Probable Construction Cost Reference Subdivision Construction Plans dated 10/25/06. Prepared for the City of Sebastian. Sebastian Crossings Commercial in Sebastian, Florida ADDRIONAL DRNEWAY THROUGH LOT 4 PAVING AND PARKING LOT Paving nr~p- .,Qvantlg~ Unit Unit Cost Cost ReguWrDutyAsphak ~s0 260 / S.Y. $24.00 $6,240.00 Type D Curb and Gutter 630 v' L F 517 00 $10 710 00 Subtotal $16,950.00 ADDITIONAL DRIVEWAY CONSTRUCTION COSTS TOTAL ~i Engineering department e Approv®d Date 7 ~~~ ~ 7 Approved Subject To SeA~~~' to~.~n,,t ~„ .~ Signet (Origl to Red) qo G:147608002\ENG\COST_ES710PC additional-2-15-07x1s 517,000.00 LCe Mw.~ e'7 .3:7o P-h~ ~~~~~1 Sebastian Crossings Commercial Dorri Bosworth From: Jared.Hockenberry@kimley-horn.com Sent: Tuesday, March 06, 2007 3:20 PM To: Dorri Bosworth Subject: Sebastian Crossings Commercial Dorri, Page 1 of 1 Per our recently conversation, the opinion of probable construction cost dated 2/15/07 for the "additional driveway through lot 4" totaled $17,000. From this opinion, Century has increased their bond amount to cover the extra expense associated with this work. Quantities and costs for asphalt and curb were included in this OPC. The latest set of subdivision construction drawings revised the amount of pavement and eliminated the curb completely. Our opinion of probable construction costs associated with the work in lot 4 in the latest set of subdivision drawings is equivalent or slightly less than the OPC dated 2/15/07. Given this, it's my opinion that the bond posted by Century for the subdivision construction costs meets the city's criteria. Please let me know if you need any additional information. Thanks, KIMLEY-HQRN AND ASSOCIATES, INC. Jared C. Hockenberry, P.E. (FL) 601 21st Street, Suite 300 Vero Beach, FL 32960 Direct: 772/794-4092 Office: 772/562-7981 CeIL 772/215-3392 Fax: 772/562-9689 mailto:jared.hockenberry~g kimley-hom.com www. kimley-horn. com 3/6/2007 a~ qa - --o- - -- Dorri Bosworth From: Rod Reed [rod3916@bellsouth.net] Sent: Wednesday, January 24, 2007 10:16 AM To: Dorri Bosworth Cc: Braxton Bone; Jonathan M. Mott Subject: Sebastian Commercial Crossings Final Plat Dori: I have reviewed the aforesaid reference plat and find it complies to Chapter 177 of the platting codes. Please let this letter represent my official sign off for the surveying review. If you have any questions, please call. Thanks Rod Reed President Mastel%r, Mo%r, Reed & Tay/or, Inc. 1655 27th Street, Suite 2 Vero Beach, Florida 32960 w~ '~: 1 /24/2007 q3 G4 City of Sebastian, Florida o~~ ~ ~rrY AGENDA TRANSMITTAL Agenda No. ~ J`F~ Subject: St. Sebastian River Upland Buffer Date Submitted: 3 / 7 / o ~ Ordinance 0-07-OS For Agenda of: 3/14/07 SI;fMMARY: i As directed by Council, an upland buffer for development along the St. Sebastian River has been f modeled upon the regulations existing within Indian River County. The Planning & Zoning Commission held a hearing on the same and recommended approval. RECOMMENDED ACTION: Move to pass Ordinance Number 0-07-05. REVIEWED BY CITY CLERK: AUTHORIZED PLACEMENT ON AGENDA BY CITY MANAGER: q5 R6 ORDINANCE NO.O-07-05 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND DEVELOPMENT CODE TO CREATE SECTION 54-3-11.10 ST. SEBASTIAN RIVER UPLAND BUFFER; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council finds it is in the public interest to provide an upland buffer along the St. Sebastian River; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That the Code of Ordinances, City of Sebastian, Florida, is hereby amended to create a new section numbered 54-3-11.10 read as follows: Sec. 54-3-11.10. St. Sebastian River Upland Buffer. (1) For parcels created after March 1, 2007 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. For parcels of record which existed in the city prior to March 1, 2007, or annexed after said date and having existed prior to June 18, 1991, afifty-foot shoreline protection buffer for unplatted parcels, and atwenty-five-foot buffer for existing platted lots is hereby established on land parcels bordering the St. Sebastian River, measured from the mean high water line. In no case, however, with reference to pre-existing parcels or lots of record as described above, 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. No more than twenty (20) percent or twenty-five (25) feet, whichever is greater, of any shoreline may be altered for reasonable access. Native vegetation in the remainder of the shoreline protection buffer shall remain unaltered, except as may be allowed for trimming under city tree protection 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 water, does not adversely impact water quality, natural habitat or adjacent shoreline uses, and is permitted by all applicable jurisdictional regulatory agencies. Any native vegetation removed in such instances shall be relocated or replaced on-site with comparable vegetation and amount. Section 2. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. ~1 Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 4. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its adoption by the City Council. The foregoing Ordinance was moved for adoption . The motion was seconded by Councilmember upon being put to a vote, the vote was as follows: Mayor Brian Burkeen Councilmember Andrea Coy Councilmember Sal Neglia Councilmember Al Paternoster By: Councilmember and, The Mayor thereupon declared this Ordinance duly passed and adopted this 14~' day of February, 2007. CITY OF SEBASTIAN, FLORIDA ATTEST: Sally A. Maio, MMC City Clerk FS Mayor Brian Burkeen Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney by QITOF ,: ~. . f ~..,., F~f3M6 CF YPIEtICAN tSLNVD AGENDA TRANSMITTAL Subject: Agenda No. f~7,0(a3 Club Car Lease Purchase Agreement Department Origi Finance• - Appr ve or Submittal by: City Manager: • City Attorney: ~ City Clerk: A n ,City Manager Date Submitted: 5 MAR 07 Exhibits: Club Car Lease Agreement; Recent RFP; and, Finance Department Spreadsheet EXPENDITURE REQUIRED: $10, 87.8 AMOUNT BUDGETED: $52,250 APPROPRIATION REQUIRED: $63,128 SUMMARY Since it's inception in 1981, the Sebastian Municipal Golf Course (SMGC) has utilized Club Car golf carts. On June 10, 2003, the SMGC entered into afour-year agreement with Club Car to lease/purchase 86 golf carts, 1range-picking unit, 1 ranger cart and 1 beverage cart. The term of that agreement ends on August 1, 2007 when the "balloon" payment of $68,800 is due. The agreement terms provide for quarterly payments of $13,062.54 (at an interest rate of 3.81 %) and the SMGC has budgeted $52,250 annually for the golf cart lease/purchase payments. For some indication of current local municipal golf course cart lease expenses, below is the following information: ITEM I SMGC I SAND RIDGE I THE HABITAT Company Club Car Club Car Club Car Model Type DS -Electric Gasoline Presidential (Maint. Problems) Term (After Lease) 4 Years (Trade-In) 4 Years (Keep for 2 Years) 5 Years (Trade-In) Annual Lease Amount $52,250 $85,000 + $90,000 (Maint.) $59,040 Number of Carts 86 754 80 Lease Cost Per Cart Per Year $607.56 $557.95 $738.00 With the SMGC lease coming to an end in August, Club Car has provided an "incentive" offer to renew with their company for another three years. This offer includes the following: • Lease/Purchase 86 new 2007 DS Model Club Car Golf Carts (model currently in use); • $3,200 per cart for an annual lease/purchase payment of $71,820.48; • Provide three specialty carts: (1) new range picking unit; (1) new ranger golf cart; and, (1) assume ownership of beverage cart as part of the base package deal (no fee); • Forgive May 2007 quarterly payment of $13,062.54; and, • Provide fleet trade-in value of $68,800. While this offer is attractive, it is an increase and one SMGC staff predicted. SMGC believed an increase was coming for three reasons: (1) past favorable lease agreements; (2) for the first time, ~~ Club Car did not offer to trade carts after the third year, but instead chose to take the lease to term; and, (3) an industry review of current lease procurements showed lease increases. In comparing the old agreement (2004) with the incentive agreement (2007), in 2004 Club Car and the City agreed to the terms of $253,085 at 3.81 % interest for four years ($2,943 per cart not including interest) for 86 carts (plus specialty equipment). The new "incentive" offer, provides new carts (model has proved very reliable) for $275,200 at 5.58% for three years ($3,200 per cart not including interest). ITEM 2004 CLUB CAR AGREEMENT I 2007 CLUB CAR INCENTIVE Unit Price for Club Car DS Model $2,943 $3,200 Lease/Purchase Interest Rate 3.81 % 5.58% Total Cost Per Cart Per Year $607.56 $835.12 Total Annual Lease/Purchase Payment $52,250 $71,820.48 Annual Amount Increase - 37% This is a critical issue for the SMGC, as golf cart rentals comprise 47% of total revenue. In consideration of this offer, Director of Golf Greg Gardner, along with Finance Director Shai Francis and myself have reviewed issues such as (1) other recent procurements; (2) lease/purchase vs. ownership; (3) leasing only; and, (4) gas carts vs. electric carts in order to make a determination on the best financial alternatives for a new SMGC cart leasing program. OTHER RECENT PROCUREMENTS First, SGMC staff examined whether the above-mentioned Club Car deal is the best alternative in comparison to other recent municipal golf course procurements. In examining this, SMGC staff reviewed the results of two recent RFP processes from the City of North Palm Beach and Port Orange. In those bids, the following offers were formally presented: COMPANY NORTH PALM BEACH SEP 08 PORT ORANGE FEB 07 SEBASTIAN Club Car $3,200 $3,417 $3,2( Easy Go $3,350 $3,180 - Yamaha - $3,405 - For clarity of comparison, the table shows the cost of one cart, which is lease/purchased. Added to that price is the lease/purchase interest rate, times the number of carts required. Each of these cities has a fleet of about 80 carts. Concerning other components of the procurement process, Club Car is the only company to include three "specialty carts", which are the gas Range Picking Unit; Ranger Cart; and, Beverage Cart as part of the "fleet cart" base price. This is an added value of approximately $16,500. Additionally, each company offered to re-purchase (traded-in) existing cart fleets at different values. While the exact stranded cost for each golf course is not known, for our purpose in comparing, it was assumed that trade-in offers were competitive. A final examination showed that each golf course stayed with their current cart provider. Attached hereto, for your review are the RFP's from North Palm Beach and Port Orange. After reviewing these proposals, SMGC applied the bid results to our situation. RFP BID RESULT COMPARISON TABLE ITEM CLUB CAR EASY-GO YAMAHA Cost of Fleet (86 Carts) $275,200 $273,480 $292,830 Cost of Range Picker Included Included $7,000 Cost of Ranger Cart Included $3,180 $3,510 Cost of Beverage Cart Included $10,000 $5,000 Fleet Trade-In Value ($68,800) ($68,800) ($68,800) Ma 07 Pa ment For iven $13,062 $0 $0 Total 3 Year Cost $262,138 $288,860 $308,340 NOTES: 1. MaintenanceNVarranty programs all equal; and, 2. Fleet Trade-In assumes full values for existing SMGC. O Should trade-in values from other cart companies not 1 O equal existing SMGC cart values, that proposal would be deemed less competitive. LEASE/PURCHASE (RENTING) VS. OWNERSHIP The SMGC has perpetually participated in the lease/purchasing of golf carts. This option provides for leasing carts and trading them just before a final balloon payment is required for ownership. However, before re-committing to this process for another three years, staff re- examined our lease/purchasing rational. While this process has some downsides, such as dealing with the "balloon" payment at the end of the lease, its positive sides are far too beneficial to ignore. For example, by leasing, the SMGC is able to: KEEP CART MAINTENANCE TO A MINIMUM. Generally after 3-4 years of heavy use (515 rounds per cart, per year), carts begin to show signs of wear. Therefore, the fleet can be traded instead of assuming ownership; thereby, reducing nuisance maintenance costs, which are inevitably around the corner. "Non-nuisance" maintenance cost will also be prevalent with an aging cart fleet. This issue concerns replacing the batteries, which generally last 3-4 years and cost $700 per cart to replace. Moreover, this does not take into consideration the cost to replace tires, cables and solenoids. Nor does it take into account "down-time" when a cart must leave the fleet for repairs, possibly causing cart shortages during peak times/seasons. 2. KEEP OWNERSHIP FLEXIBILITY IF REQUIRED. Lease/purchasing provides an opportunity to buy the carts outright should conditions prove to be optimal. In SMGC's situation this has never happened. However, should it prove financially beneficial to keep a fleet longer, that option exists through lease/purchasing. More on this topic is discussed later. 3. NEW PRODUCT IS A BETTER REPRESENTATION FOR SMGC. Trading out to new carts on a regular basis provides SMGC patrons with a high quality product that creates a positive image. However, when comparing lease/purchasing vs. owning, the bottom line is that leasing carts is less expensive in the long run for two major reasons: A. STILL HAVE MAJOR COST CONSIDERATIONS. Should the City opt to purchase the current fleet, the August 1, 2007 payout is $68,800. In addition to this payment, funds would still be necessary for new batteries and other replacement parts. When comparing the balloon payment and maintenance costs to the incentive offer ($71,820.48), the increase becomes palatable. To illustrate this point more dramatically, SGMC estimates that the entire fleet requires battery change-outs, costing a total of $60,200. If the approach to keep the existing fleet were taken, it will cost the SMGC more money, because if just 5 carts receive battery changes, the total outlay would be greater than $71,820. Basically, the incentive offer (1) saves the May payment of $13,062; and, (2) provides the opportunity to receive a new cart fleet three months early, allowing newer carts for future use. Either option places the SMGC over budget in FY 07. However, the incentive option will only increase the overage by $10,878 vs. $129,000. Going forward for three years (term of incentive deal), the figures for retaining the fleet only get worse. ITEM OWN EXISTING FLEET NEW LEASEIPURCHASE May Quarterly Payment $13,062 ($13,062) Balloon Payment $68,800 $0 New Annual Lease Payment $0 $71,820 Cost to Re lace Batteries $60,200 $0 T al"Costs tr M 8 142;06 558'; Maintenance Thru May 2009 $30,000 $0 Lease.Pa mentThru Ma 2009 $0 $71,820 2 Y 'F, l~ o XiStf 5:472;062 }2 d Maintenance Thru May 2010 $30,000 $0 Lease Pa ent Thru 2010 $0 $71,820 3'f~~ To NOTE: At the end of FY 10, the New Lease/Purchase option leaves a balloon payment of $90,179.64. Cpl B. LESS IMMEDIATE CASH IS REQUIREDIBETTER INVESTMENT. By the chart shown above, it makes more sense to juggle the "balloon" payment from year to year than outlay large sums of cash (FY 07 estimate $84,062). While one may argue that the lease/purchase option still leaves a balloon payment of $90,179, this argument is negated by. the conditions that (1) the depreciated value of the carts should equal the final payment; (2) major golf cart suppliers such as Easy-Go, Club Car, or Yamaha, may buy-back the carts as a condition of a new lease for the remaining value; and (3) more cash remains on hand. Attached hereto is a chart, which depicts a "straight-out" purchase vs. lease/purchase arrangement. This chart assumes the same terms of the Club Car incentive offer and does not assume maintenance costs, or a balloon payment requirements to take ownership of an existing fleet. It simply shows the savings of lease/purchasing vs., buying. In this analysis, monthly lease payments realize a savings of $2,337.46 per month over debt payments, for a cumulative three-year savings of $90,186. It does leave a balloon payment which ultimately must be dealt with; but, keep in mind, (1) that SMGC's experience is that Club Car has provided trades-in offers for the remaining value of the carts; and, (2) we have to consider the fact that we are currently dealing with a balloon payment which renders this the "perfect world scenario". LEASING ONLY Out-right leasing may be another option. That avenue saves the balloon payment at the end of the term; however, the trade-off is a larger lease payment, which is not necessarily great for cash flow. In addition, leasing also forces SMGC into trading out a fleet and there may come a time, if use is low and conditions exist, that executing the buy-out may be the best option. At this time, Club Car stipulated that would not enter into a straight lease agreement. Easy-Go representatives seemed open to a potential lease; but, those numbers were similar to the lease/purchase options. GAS VS ELECTRIC SMGC staff also examined the potential of going to a gas fleet. Club Car, has priced a gas cart at $3,395 vs. $3,200. Gas carts also require significantly more maintenance (i.e. regular changing of gas/air filters) and the purchase of gasoline. For example, mentioned in the beginning of this transmittal, was the Club Car set-up for Sand Ridge Golf Course. Sand Ridge operates 154 gasoline-powered carts. However, while their $85,000 base lease payment is lower per cart, they also require two golf cart mechanics and spend $90,000 annually for maintenance. This does not include gas expenses. On the other side of the coin, a comparison should be made for purchasing gas vs. electricity. In this case, gas is less expensive. A rule of thumb is electric costs $1.00 per round vs. $0.50 per round for gas. ITEM ~ GAS CARTS ~ ELECTRIC CARTS ~0~ 86 Carts $291,970 $275,200 Annual Electric Costs $0 $32,000 Estimated Gas Costs $16,000 $0 TOTAL $307,970 $307,200 NOTE: In junction with the Engineering Department, SMGC is considering a partnership with FIT to experiment w/green energy to charge charts. This has the potential to reduce power costs. More on this to follow. In short, for the following are reasons a gas cart fleet is not recommended: • High maintenance. costs; • No good location for storage of gas tank; • Higher base cost per cart; and, • Customer preference. OPTIONS GOING FORWARD - "THE GAMBLE" After reviewing the above information, City staff is of the opinion that executing the Club Car offer is the best option. The conclusion was reached for the following reasons (1) it was deemed competitive when compared with other recent RFP processes; (2) it continued to provided three specialty carts (i.e., the range picker, ranger, beverage cart) as part of the base package; (3) it provided full trade-in value for existing fleet; and, (4) it waived the May quarterly payment of $13,062. Understand that this recommendation does increase cart lease expenses and there may be alternatives. However, in seeking a better deal, the SMGC must take a "gamble" that places known benefits in jeopardy for a potentially marginal gain. Should the City decide to "go to bid" to seek a better deal, keep in mind the benefits which we know we will lose; 1. All potential companies must provide full trade-in value for existing fleet ($68,800); 2. All potential companies must provide three specialty carts; 3. All potential companies must provide a cart of equal value that will be durable enough to meet the demands of public course application (500+ rounds per year). To date, the SMGC has used the Club Car DS model, which has proved extremely reliable; 4. Receiving a new fleet of 86 golf carts three months early; and, 5. Forgiveness of the May quarterly payment - $13,062 The most recent comparable bid to the incentive deal offered by Club Car comes from the Easy- Go "Port Orange" deal. Even though Easy-Go's base price was $20 per cart less than Club Car, their price would need to be reduced by another $170 per cart (5%) to surpass the Club Car offer. In addition, Easy-Go would need to provide full trade-in value. While the two carts are of similar value, Club Car does have an aluminum frame; which is a little more durable in the Florida climate. Additionally, Club Car representatives have stated that if SMGC goes to bid, they will not honor their "incentive package" and their bid may increase. Anyway it is handled, going to bid will immediately cost $13,062 because the SMGC will need to go to term on its current agreement with Club Car. RECOMMENDED ACTION Waive bid procedures and award SMGC golf cart lease/purchase agreement to Club Car. X03 ~o~ tc O cD_ ~b cv N ~~ -~ v1 n C ~ n . ~ ~ ~O-. W ~ ~ ~ V ~ " ~ ~- ~ ~l ~ ~ \~`~^ ` l tr bd ~ ~ ~ a z d w f7 O as c<o °~. C ° N ~ ~ ~ ~ ~. (7 ~ A ~ O`1 ~ °~ ~ w ~ .~ o p D D D D D ~ r ~, W ~ N ~ ~~ •w~~° ~ iii i ~~~u,~ ~~ Gd ~ °- N o O z o p o a O O ~ O ~ ~. ]~ ~ v N n O ~ ~ ~D ~ ~ N W a ~ ~ a a W a ~ c9 rv <' a n- ~ w Ca. o "r7 ' a ~ ~I d d a S ~ ~. N a C fD ~ "~ ~' o o c ~. ~ '~ .. ~ ~ ~o ~ ~ s ~ ~ c~ ~. c~a ~' ~- ~' 0 Q. a ~ 0 G ro G ~ ~ ~ 3 ~ ~ ~ b 3 O BID RESULTS -PORT ORANGE; CYPRESS HEAD GC Bid # B 07-06 Golf Carts for C ress Head Golf Course Vendors Club Car E-Z Go Yamaha New Carts $ 3,180.000 $ 3,405.000 New Carts w/club rot. $ 3,417.400 $ 3,245.000 $ 3,510.000 Trade-in credit $ 1,475.000 $ 1,725.000 $ 1,350.000 Car all/utili cart incl'd. $ 5,484.000 Bevera a cart incl'd $ 7,291.000 Grand Net Total $ 145,680.000 $ 114,Q00.4p0' $ 174,775.000 A arent Low Bidders E-Z Go $ 114,000.00 Club Car $ 145,680.00 Yamaha $ 174,775.00 ~o~ Oy o 000 .- oooop000 .- ppo0 0p 0 0 p000 ~ ~~ A O ~O ~l cn A w ~ O ~D oO J T ~J 7, r o00oooo°aooaooaooaooaaos~aasgaosaaaaa ~' oooooggggggg~gg~aaaooaaoaoaoaoaoaap~pa ~O 00 00 00 00 W 00 00 00 00 00 00 W J ~1 J V V ~1 J W W W w W W w N N N N t~1 A W N ~N-' O ~O Oo J T Cn A w N~ O O~ U A W N~ O~ oO ~t a ~ Oo J O~ U A w N ~+ ~ ~ ~ H 69 69 r 69 Y 69 4A 69 69 ~ ~ J 69 69 FA 49 69 69 69 f19 y3 69 y3 69 b9 69 69 69 69 69 fA 69 69 69 fA 69 69 . 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FL February 13, 2007 coq SEBASTIAN MUNICIPAL GOLF COURSE TABLE OF CONTENTS FEBRUARY 13, 2007 Proposed Equipment Lease /Purchase Quotation Current Fleet Return Conditions Special Considerations Warranties ~~0 SEBASTIAN MUNICIPAL GOLF COURSE FEBRUARY 13, 2007 PROPOSED EQUIPMENT DS-PLAYER EDITION Eighty-six (86) new 2007 Club Car® DS-PLAYER 48 Volt electric model golf cars including the following standard and optional equipment: Standard Equipment Canopy Top Scuff Guards Sweater Basket Bagwell protector Premium Tread Tires 6-8' Volt Battery/ 48 Volt System Forward Speed Setting - 13.4 MPH Expandable Drink Cup Holders Armor-Flex Body. Panels Included Optional Equipment Custom Club Logo Rake Holder Custom Number Decals, 1-86 (2 ea.) Sand Buckets - 2 per car Information Holder Custom Wheel Covers Fully Automatic Battery Chargers Freight & Installation Color` Beige, White or Green,.... Approximate delivery date: May 2007 CURRENT FLEET Eighty-six (86) 2004 Club Car Electric 48 volt DS 1~~ SEBASTIAN MUNICIPAL GOLF COURSE FEBRUARY 13, 2007 LEASE /PURCHASE QUOTATION DS-PLAYER EDtT(ON Sz ADDITIONAL GOLF/UTILITY VEHICLES We are pleased to submit the following quotation: Pricing.. is based on the Village of North Palm Beach. recent Bid/Resolution.#2006-73 awarded to Club Car for. the golf car bid. 86 New 2007 Club Car® DS-Player 48 Volt $3,200.00 $275,200.00 electric golf cars equipped as stated on the Proposed Equipment page. 36 Month IRFS Municipal Lease/Purchase Rate: $ 5,985.04 per month Five Thousand nine hundred eighty-five dollars and four cents Additional Vehicles: New Club Car Turf 1 -Driving Range No Charge New Club Car DS-Gas for Ranger No Charge TOTAL I ~ $275,200.00: **Upon agreement of new lease based off the Piggy-back Resolution #2006-73 from North Palm Beach, Club Car will terminate the existing IRFS/Citicapital Lease and will satisfy the 5/1/2007 lease payment of $13,062.54 and also pay the Balloon note in the amount of $68,800.00 due by the City of Sebastian on 8/1/2007. Should the City of Sebastian decide against the new Piggy- Back lease, the town will then be obligated to take the lease to its term and make the above payments as agreed to in the can-ent contract. Prices quoted are those in effect at the time of quotation and are guaranteed subject to acceptance within thirty days. Applicable state or local taxes and fees not included. Club Car, Inc. must approve all credit terms prior to delivery. Customer to submit required credit information for credit approval. Delivery lead-time of eight to twelve weeks normally required. Sebastian Municipal Golf Course Z By: ~~ Title: Club Car, Inc. By: Title: Territory Manager Date: Date: SEBASTIAN MUNICIPAL GOLF COURSE FEBRUARY 13, 2007 CURRENT FLEET RETURN CONDITIONS Eight-six (86) Club Car 2004 DSE 48 Volt Electric Sebastian Municipal GC agrees to accept sole responsibility for the cost of: A. Repairs to vehicles damaged due to being used for purposes other than their intended use, or due to misuse, abuse, or vandalism. B. Replacement equipment for vehicles with missing, damaged, or improperly-operating equipment. C. Repairs to improperly-operating vehicles. D. Reduced value of vehicles that have excessive wear and tear. The returned vehicles must meet the following conditions: E. All vehicles must be free of liens and encumbrances. F. All golf cars must be in fleet running condition and capable of running for at least nine (9) holes of golf. All other vehicles must operate properly. G. All vehicles must be the same quantity and model-year as originally evaluated. H. All vehicles must be clean and free of trash, scorecards, pencils, tees, etc. I. All electric vehicles must have a working charger. J. All vehicles must have serviceable tires that retain proper air pressure. K. All batteries must be free of corrosion and properly filled with water. If any of the above conditions are not met by Sebastian Municipal Golf Club, Club Car reserves the right to withhold any and all SPECIAL CONSIDERATIONS stated in this agreement. Sebastian Municipal Golf Course By: Title: By: Club Car, Inc. ~ l3 Title: Territory Manager Date: Date: SEBASTIAN MUNICIPAL GOLF COURSE SPECIAL CONSIDERATIONS FEBRUARY 13, 2007 The following special considerations apply to Sebastian Municipal Golf Course: Club Carte includes the use of the following vehicle with the sale or lease of eight-six (86) 2007 Club Car DS-IQ Player electric golf cars, at No Charge. One (1) new Club Car Turf 1gas-powered utility vehicle with all standard equipment plus range picker protective enclosure and heavy-duty front bumper and One (1) new Club Car DS-Gas powered golf car equipped for On-Course Ranger. **The club may also keep the current Beverage vehicle on site at no additional charge and Sebastian Municipal GC will assume ownership of the vehicle upon agreement and delivery of the new 2007 Club Car fleet. These new vehicles have a manufacturer's suggested list price of more than $16,500.00. It remain the property of Club Car and will be picked up by Club Car at the termination of the stipulated lease or next time the club purchases a fleet of golf cars. Factory authorized replacement parts, service, and warranty work are handled through Professional Golf Car, Club Car's factory authorized dealer in your area.. It is Club Car's objective that Sebastian Municipal Golf Course will receive professional, timely, and systematic service. Club Car offers technical training seminars for Sebastian Municipal Golf Club's employees involved with golf car operations. These seminars are held at Club Car's manufacturing facility in Augusta, Georgia, and are conducted by professional educators. The club's employees will team preventive maintenance and repair procedures to enhance its fleet operations. A reasonable fee is charged for these seminars. I~~ SEBASTIAN MUNICIPAL-GOLF COURSE WARRANTIES FEBRUARY 13, 2007 The following warranties apply to Sebastian Municipal Golf Course: Club Car® warrants to Sebastian Municipal Golf Course that its new 2007-model golf cars are free from defects in materials and workmanship subject to the terms and conditions contained in the attached Club Car Limited Lifetime Warranty. The two-year section of Club Car's Limited Lifetime Warranty is extended to three (3) years. Club Car agrees to extend a limited warranty on batteries on its DS-Player electric golf car to four years, 800 golf-car rounds, or 16,000 energy units as recorded by the onboard computer, whichever first occurs, if the club agrees to adhere to the following conditions: A. All batteries must be clean and free of corrosion at all times. Water levels must be checked and maintained according to the Club Car Owner's Manual B. All cars must be charged properly. The golf car facility must have ample electrical power to charge the cars and the chargers must be allowed to shut off automatically. C. All cars must be rotated properly. Every car must have approximately the same per-round usage each month. D. All cars must be used strictly for golf course rental purposes and should not be misused in any way. E. Proper air pressure must be maintained in all tires as outlined in the Club Car Owner's Manual. If these conditions are met, Club Car will replace the batteries free of charge, labor excluded, in any golf car that fails to provide thirty-six (36) holes of play per day. The replacement batteries may be new or used and may be removed by Club Car at the end of the warranty period. The replaced batteries shall remain the property of the club. ~l5 SEBASTIAN MUNICIl'AL GC - 86 DS Compound Period: Monthly Nominal Annual Rate: 5.580 CASH FLOW DATA 03/06/2007 10:07:22 AM Page 1 Event Date Amount Number Period End Date 1 Loan 05/01/2007 275,200.00 1 2 Payment 05/01/2007 5,985.04 36 Monthly 04/01/2010 3 Payment 05/01/2010 90,179.64 1 AMORTIZATION SCHEDULE -Normal Amortization Date Pa ment Interest Principal Balance Loan 05/01/2007 275,200.00 1 05/01/2007 5,985.04 0.00 5,985.04 269,214.96 2 06/01/2007 5,985.04 1,251.85 4,733.19 264,481.77 3 07/01/2007 5,985.04 1,229.84 4,755.20 259,726.57 4 08/01/2007 5,985.04 1,207.73 4,777.31 254,949.26 5 09/01/2007 5,985.04 1,185.51 4,799.53 250,149.73 6 10/01/2007 5,985.04 1,163.20 4,821.84 245,327.89 7 11/01/2007 5,985.04 1,140.77 4,844.27 240,483.62 8 12/01/2007 5,985.04 1,118.25 4,866.79 235,616.83 2007 Totals 47,880.32 8,297.15 39,583.17 9 01/01/2008 5,985.04 1,095.62 4,889.42 230,727.41 10 02/01/2008 5,985.04 1,072.88 4,912.16 225,815.25 11 03/01/2008 5,985.04 1,050.04 4,935.00 220,880.25 12 04/01/2008 5,985.04 1,027.09 4,957.95 215,922.30 13 05/01/2008 5,985.04 1,004.04 4,981.00 210,941.30 14 06/01/2008 5,985.04 980.88 5,004.16 205,937.14 15 07/01/2008 5,985.04 957.61 5,027.43 200,909.71 16 08/01/2008 5,985.04 934.23 5,050.81 195,858.90 17 09/01/2008 5,985.04 910.74 5,074.30 190,784.60 18 10/01/2008 5,985.04 887.15 5,097.89 185,686.71 19 11/01/2008 5,985.04 863.44 5,121.60 180,565.11 20 12/01/2008 5,985.04 839.63 5,145.41 175,419.70 2008 Totals 71,820.48 11,623.35 60,197.13 21 01/01/2009 5,985.04 815.70 5,169.34 170,250.36 22 02/01/2009 5,985.04 791.66 5,193.38 165,056.98 23 03/01/2009 5,985.04 767.51 5,217.53 159,839.45 24 04/01/2009 5,985.04 743.25 5,241.79 154,597.66 25 05/01/2009 5,985.04 718.88 5,266.16 149,331.50 ~/"w 26 ~(W 06/01/2009 5,985.04 694.39 5,290.65 144,040.85 03/06/2007 10:07:22 AM Page 2 27 07/01/2009 5,985.04 669.79 5,315.25 138,725.60 28 08/01/2009 5,985.04 645.07 5,339.97 133,385.63 29 09/01/2009 5,985.04 620.24 5,364.80 128,020.83 30 10/01/2009 5,985.04 595.30 5,389.74 122,631.09 31 11/01/2009 5,985.04 570.23 5,414.81 117,216.28 32 12/01/2009 5,985.04 545.06 5,439.98 111,776.30 2009 Totals 71,820.48 8,177.08 63,643.40 33 01/01/2010 5,985.04 519.76 5,465.28 106,311.02 34 02/01/2010 5,985.04 494.35 5,490.69 100,820.33 35 03/01/2010 5,985.04 468.81 5,516.23 95,304.10 36 04/01/2010 5,985.04 443.16 5,541.88 89,762.22 37 05/01/2010 90,179.64 417.42 89,762.22 0.00 2010 Totals 114,119.80 2,343.50 111,776.30 Grand Totals 305,641.08 30,441.08 275,200.00 ~`~ 03/06/2007 10:07:22 AM Page 3 Last interest amount increased by 0.03 due to rounding. ~~8