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~~ S~ Y'V ~' HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, MAY 9, 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 2. PLEDGE OF ALLEGIANCE LED BY COUNCIL MEMBER WOLFF 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. 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) 7. PROCLAMATIONS, ANNOUNCEMENTS, PRESENTATIONS 07.095 A. Proclamation -National Safe Boating Week -May 19-25, 2007 -Nigel 9 Hargreaves or Member of Power Squadron Accepting 07.096 B. Proclamation -National Tourism Week -May 12-20, 2007 -Beth Mitchell, 3 Executive Director, Sebastian River Area Chamber of Commerce Accepting 07.044 C. Certificate of Appreciation to Mary Bennett for Tree and Landscape Advisory Board Service 07.003 D. Recognition to City Employee of the Quarter -Michael Nichols, Head Golf 5 Professional, Sebastian Municipal Golf Course 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. 7-10 A. Approval of Minutes - 4/4/07 Workshop 11-2s B. Approval of Minutes - 4/25/07 Regular Meeting 2s-3o C. Approval of Minutes - 5/2/07 Special Meeting 07.040 D. Resolution No. R-07-15 2"d Quarter Budget Amendment (Finance Director 31-77 Transmittal, R-07-15 w/Attached Budget Review Memorandum, Capital Projects Status Report, Schedule of Investments [4], 2"d Quarter Accomplishments) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2006 AND ENDING SEPTEMBER 30, 2007 AS PROVIDED FOR IN EXHIBIT "A"; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 07.097 E. Approve Fiscal Year 2007/2008 Budget Calendar (Finance Director Transmittal, 79-81 Calendar) 07.098 F. Waive Formal Bidding Procedure and Approve Koppenberg Enterprises to a3-ss Construct and Install R Model Columbarium Atop Existing Columbarium at Sebastian Municipal Cemetery in the Amount of $34,500 (Park Superintendent Transmittal, Drawing, Price Quotes) 07.099 G. Resolution No. R-07-19 - FDOT Joint Participation Agreement for Security Brush s7-137 Cutting (Airport Director Transmittal, Security Guidelines, R-07-19, JPA, Bids) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT WITH FDOT TO RECEIVE FUNDING FOR SECURITY BRUSH CUTTING; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 07.100 H. Award Bid for Security Brush Cutting to Sunny Isle, Inc. of Palm Bay in the 97-137 Amount of $43,967 (See Airport Director Transmittal Above) 07.101 I. Approval of Craft Club of Sebastian 2007-2008 Show Dates and Rain Dates as 139-145 Requested with 50% Fee Waiver Based on Their Donations to Worthy Causes (Parks Superintendent Transmittal, Permit Application, Craft Club Letter) 9. COMMITTEE REPORTS/RECOMMENDATIONS 07.102 A. Presentation by Don Wright, Chairman of Parks and Recreation Committee Re: 147-155 Proposed Dog Park (Information) 2 10. PUBLIC HEARING 07.103 A. Resolution No. R-07-16 Rohm Commercial Subdivision Preliminary Plat 157-173 Quasi-Judicial Hearing (Growth Management Director Transmittal, R-07-16, Staff Report, P & Z Minutes, Application, [Preliminary Plat, Environmental Report and Tree Survey Under Separate Cover]) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE PRELIMINARY PLAT FOR ROHM COMMERCIAL SUBDIVISION; PROVIDING FOR CONFLICTS AND EFFECTIVE DATE. 07.104 B. Resolution No. R-07-18 -Site Approval for Sherwin Williams Paint Store in 175-200 Chesser's Gap PUD -Quasi-Judicial Hearing (Growth Management Transmittal, R-07-17, Staff Report, Traffic Impact Study Supplement, Application, PUD Conceptual, P & Z Minutes [Site Plan, Architectural Elevations and Floor Plan, Building Colors Under Separate Cover]) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING A SITE PLAN FOR THE SHERWIN WILLIAMS STORE WITHIN CHESSER'S GAP PUD; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. 11. UNFINISHED BUSINESS 07.072 A. Resolution No. R-07-18 -Revised Meeting Procedures (City Clerlc Transmittal, 201-206 R-07-18) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING RESOLUTION NO. R-05-26; ESTABLISHING THE DATE AND TIME FOR CITY COUNCIL MEETINGS, WORKSHOPS AND QUASI-JUDICIAL HEARINGS; ADOPTING ROBERTS RULES OF ORDER; PROVIDING FOR AGENDA PREPARATION; PROVIDING FOR AGENDA MODIFICATION; PROVIDING FOR PUBLIC HEARING PROCEDURES (OTHER THAN QUASI-JUDICIAL MATTERS); PROVIDING FOR PUBLIC INPUT PROCEDURES; ESTABLISHING DIRECTION RELATIVE TO VERBATIM TRANSCRIPTS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 12. NEW BUSINESS 07.105 A. Discuss Draft Response Resolution to Fellsmere Resolution No. 07-H - Interlocal 207-225 Service Boundary Agreement (City Attorney Transmittal in Packet, Fellsmere Letter, Fellsmere Initiating Resolution, Map, FS 171.02 [Sebastian Responding Resolution to be Presented Under Separate Cover]) 07.071 B. First Reading of Ordinance No. 0-07-07 -Parks & Recreation Advisory 227-23o Modification of Committee Membership Composition -Set Public Hearing for June 13, 2007 (City Attorney Transmittal, 0-07-07) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE SECTIONS 2-212 AND 2-213 TO CHANGE THE SIZE AND COMPOSITION OF THE PARKS AND RECREATION ADVISORY COMMITTEE; PROVIDING FOR CONFLICT, SEVERABILITY AND EFFECTIVE DATE. 3 07.106 C. First Reading of Ordinance No. 0-07-08 -Charter Review Committee Meeting 231-235 Time -Set Public Hearing for June 13, 2007 (City Clerk Transmittal, 0-07-08) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 2, SECTIONS 2-231 AND 2-232 REGARDING MEETING TIMES AND PROCEDURES FOR THE CHARTER REVIEW COMMITTEE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE. 06.076/ D. Shift Capital Project Funding from Barber Street Realignment in the Amount 07.107 $400,000 and 2007 Road Paving Program in the Amount of $112,571 to Easy 237-238 Street Renovation Project (Finance Transmittal) 13. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC For items that have occurred or were discovered within the previous six months and which are not otherwise on the agenda. Please give your name and address, and then give your remarks. Please try to limit your remarks to five minutes. 14. CITY ATTORNEY MATTERS 15. CITY MANAGER MATTERS 07.108 A. Report on Final Draft of Code Enforcement Guidelines (Final Guideline) 239-255 16. CITY CLERK MATTERS A. Council Member Simchick B. Council Member Wolff 04.217/07.109 i. Discuss Mooring Field C. Mayor Coy D. Vice Mayor Neglia E. Council Member Paternoster 17. CITY COUNCIL MATTERS 18. 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 /N THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. Regular Gity Gour~cil Meofings are Scheduled for Live Broadcast on Gomcast Channel 25 ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Upcoming meetinc,~s: May 23, 2007 - 7:00 p. m. -Regular Council Meeting June 13, 2007 - 7:00 p.m. -Regular Council Meeting June 27, 2007 - 7:00 p. m. -Regular Council Meeting 4 Procedures for Quasi,ludicial 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 cm ~~ ~~~~t'Tiu~~,~ .' ~ - ` ~ HOME OF PELICAN ISLAND NATIONAL SAFE BOATING WEEK WHEREAS, on average, 700 people die each year in boating related accidents in the United States; nearly 70% of these are fatalities caused by drowning; and WHEREAS, the vast majority of these accidents are caused by human error or poor judgment and not by the boat, equipment, or environmental factors; and WHEREAS, a significant number of boaters who lose their lives by drowning each year would be alive today had they worn their life jackets; and WHEREAS, modern life jackets are more comfortable, more attractive and more wearable than styles of years past and deserve a fresh look by today's boating public. NOW THEREFORE, I, Andrea B. Coy, by virtue of the authority vested in me as Mayor of the City of Sebastian do hereby support the goals of the North American Safe Boating Campaign and proclaim May 19-25, 2007 as NATIONAL SAFE BOATING WEEK and the start of the year-round effort to promote safe boating. I urge all those who boat to "Boat Smart, Boat Safe, Wear It"and practice safe boating habits. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Sebastian, Florida, to be affixed this 9th day of May 2007. f' ~ ~ , s Cr1YOF SEBASTIAN 1~ 1 ,~- „ FLORIDA ..~~~ ~~ ~ Andrea B. Coy, N4a or ~ % ~9~' R,~ -.sr --... 24th ANNUAL NATIONAL TOURISM WEEK Travel & Tourism: America's Front Door May 12-20, 2007 WHEREAS, travel is at the heart of America's economic and national security; and WHEREAS, travel is one of America's largest service exports creating a travel trade surplus in excess of $7 billion and is one of the nation's largest employers, accounting for more than 7.5 million direct travel generated jobs, or one in every eight U.S. non farm jobs; and WHEREAS, including the direct spending in the U. S. by domestic and international visitors, travel and tourism generated 703 billion last year, providing more than $100 billion in tax revenue to local, state and federal governments; and WHEREAS, the travel industry support the interests of the City of Sebastian, contributing to our employment, economic prosperity, international trade and relations, peace, understanding and goodwill; and WHEREAS, travel ranks as one of the City of Sebastian's largest industries in terms of revenues generated; and WHEREAS, as people throughout the world become increasingly aware of the outstanding cultural and recreational opportunities available in the City of Sebastian and throughout the United States, travel will become an increasingly vital resource in improving America's image around the world and building our public diplomacy; and WHEREAS, given these laudable, contributions to the economic, social and cultural well being of the citizens of Sebastian, it is fitting that we recognize the importance of the American travel industry. NOW THEREFORE, I, Andrea B. Coy, by virtue of the authority vested in me as Mayor of the City of Sebastian do hereby proclaim that the week of May 12-20, 2007 is hereby designated NATIONAL TOURISM WEEK and call upon the people of the City of Sebastian to observe this week with appropriate ceremonies and activities. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Sebastian, Florida, to be affixed this 9th day of Mav 2^0'. C .,,,""~--~ I q]YOF ~ ~ ,~ ~° 3 S ' BAS1'IAN Andrea B. Coy, Mayor~..,,._, ._ _ ,--~ c ~. ,FLORIDA EMPLOYEE OF THE 1sT QUARTER -.2007 MICHAEL NICHOLS HEAD GOLF PROFESSSIONAL MUNICIPAL GOLF COURSE Michael began his employment with the City of Sebastian in August of 2000, as the Assistant Golf Professional and in February 2001, he was promoted to the Head Golf Professional of the Municipal Golf Course. Over the years Michael has received letters from residents as well as from the Sebastian Elementary .School for displaying courtesy, patience and professionalism while working at the golf course. Michael has been a great asset to the City and continues to offer unsurpassed customer service to all patrons, as well as a great rapport with City staff. During staff shortages over the last few months, Michael has really extended himself and filled in whenever necessary, with no additional compensation. He works 10 to 12 hours a day and 6 to 7 days a week when necessary, never complaining, but always willing'to help the team. In closing, Michael is truly a team player, and cares about the City and it's Golf Course. He is always available to help patrons and staff whenever necessary, providing the excellent service they desire.. Therefore Michael, it is with great pleasure that. I present this plaque and savings bond in recognition of your achievements and dedication to the City of Sebastian. ~T ~~ arvoF { I ~ _d14 HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES ECONOMIC DEVELOPMENT WORKSHI'~P WEDNESDAY, APRIL 4, 2007 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Coy called the workshop to order at 7:00 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL City Council Present: Mayor Andrea Coy Vice-Mayor Sal Neglia Council Member AI Paternoster Council Member Dale Simchick Council Member Eugene Wolff Staff Present at Dais: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio 4. CHAMBER PRESENTATON -BILL FRUTH Beth Mitchell, Executive Director of the Sebastian River Area Chamber of Commerce said this workshop was requested at the recommendation of Chamber member Don Wright to bring knowledge of the importance of economic development for the City of Sebastian to the entire community, and then introduced Indian River County Chamber of Commerce Executive Director, Penny Chandler, Economic Development Director, Caseltine, Fellsmere Council Member, Susan Adams, Fellsmere City Manager, Jason Nunemaker, and Fellsmere Finance Director, Larry Napier. Ms. Mitchell then introduced Kathy Burke, CEO of Sebastian River Medical Center, who introduced William Fruth, President of Polycom Corporation, an independent economic research firm in Palm City, Florida who specializes in studying~dynamics of local economies. She cited Mr. Fruth's background and nationwide experience in local economic development issues, commercial development and local politics. Mr. Fruth said improving the economy is the single most important thing a local government can do, and presented a power point presentation on the issue. City Council Workshop April 4, 2007 Page Two During his presentation, Mr. Froth responded to questions from staff and City Council. Mr. Wolff asked how local growth charts are affected by the cyclical activity of various local industry such as citrus. Mr. Froth said the citrus industry typically creates low rate jobs, and in his opinion, does not have a long term future because of strong competition from foreign countries. He said Indian River's biggest industry is retirement, citing Charlotte County as the oldest metropolitan area in America with its over age 65 population at 34% and they have no industry except for retirement. He said they also have the lowest wages of anyplace in America. He said Pinellas County was in the same situation until they brought in high paying industry and created a younger population through jobs, the average wage is now in the top 50, and they now have museums and other cultural amenities to offer. Mr. Neglia asked what we do about the numbers Mr. Froth presented and Mr. Froth said he would get to that at the close. Mr. Froth continued with the power point presentation and defined Economic Development as "The process which improves the standard of living for the people who live and work in an area". 5. COUNCIL DISCUSSION Mr. Neglia said the City is beginning to do what it can to help its economy, and with the assistance of the Chamber we can work now to do something for the City, to bring in high paying jobs and to keep people here. He said while numbers show a lot, the City needs to get on with a plan. Mr. Wolff thanked Mr. Froth for his presentation and had clarified by Mr. Froth that retirement is the principal contributory factor in this area because it brings in retirement and social security checks. Mr. Wolff then asked how one can sell to its residents the benefit of bringing in growth. and industry. Mr. Froth cautioned against the word growth, noting economic growth can occur without population growth; and by way of explanation said if we are going to improve the standard of living for the people who are here, the tax burden would fall on the taxpayers' shoulders, however, primary employers consume very little tax services and throw off cash so their economic impact on the growth of government is significant; that they don't necessarily cause population growth but do improve the overall economy. He cited the CVS distribution center as an example of high paying jobs with no negative impact on the residency. Mr. Wolff then asked about enhancement of existing industry programs as a start. Mr. Froth responded that it is important to first identify what you have, noting that the majority of primary employers employ less than 50 people. Mr. Wolff said that the City Manager had brought to Council's attention that Florida does not have much to offer as incentives to businesses and asked Mr. Froth's opinion. Mr. 8 2 City Council Workshop April 4, 2007 Page Three Fruth said Florida is contributing more than it has in certain areas, however, nationally other states don't look upon Florida as stiff competition, noting that Georgia has a philosophy that if they want to bring in a company they just take a trip down to Florida and take one; that Florida's business climate is not the best in the nation because it is a highly regulated area. He said incentives are everywhere, you have to keep costs down, and expedite the permitting process, citing Pinellas Park will provide a building permit in 13 calendar days to qualified primary employers. Mayor Coy said the key is to identify what your target is and what your goal is and just because there is quantity doesn't mean there is quality, and the City is in a good position because of the property we have, and we need to offer incentives to people who are going to raise the economic bar. Mr. Paternoster thanked Mr. Fruth for his presentation, and asked how we bring in higher end jobs. Mr. Fruth said you need to create an incentive matrix which includes specific criteria and the ones that score the highest including higher wages get the incentives. He said this is a relatively low wage area. Ms. Simchick thanked Mr. Fruth, and commended the new found spirit of community; said we can look at what existing industry we have and if they exist, nuture them; noted we have the airport land and the labor and we need to start enticing the right groups, simultaneously step up funding for infrastructure; and create a strong relationship with our Chamber of Commerce. Mr. Fruth said land is the most important product. Mayor Coy said we have been doing the residential boom, and we need to look at enticing commercial annexation. She asked how important an economic development plan is to a local community and Mr. Fruth said you have to have a plan in place. Mayor Coy said incentives for the airport property could be in the lease agreements or infrastructure. Mr. Neglia asked if a City ran out of property to offer anyone what would happen. Mr. Fruth said when you run out of land you can look at redevelopment. Mr. Neglia said he cannot agree with Mr. Fruth on this. Mr. Fruth said you have approximately 150 acres to offer at the airport which could offer approximately 3,000 to 4,000 quality jobs which would significantly impact the local economy and this land would probably carry you for a fifteen year horizon. Mr. Fruth said there are training programs available for workers by local community colleges; and, in his opinion, there are many people in this area who are skilled but are commuting to other locations to work. Jason Nunemaker, City Manager, Fellsmere, addressed City Council, said there are things that Fellsmere has done to assist existing businesses, like staff level site plan 3 City Council Workshop April 4, 2007 Page Four review for existing structures to expedite processes and minimize costs. He said it was most important to work together and offered the assistance of Fellsmere as a partner. Council Member Susan Adams, Fellsmere, thanked Council and Mr. Fruth for this opportunity and said she looked forward to working with Sebastian. Don Wright, Economic Development Chairman for the Sebastian River Area Chamber of Commerce, thanked Council and Mr. Fruth for the workshop, as well as the Indian River County and Sebastian Chambers for making this opportunity available; and extended his services to develop economic development plans. He said beyond the airport property, there are other available properties privately owned and public/private partnerships can be developed. He said consideration needs to be ~ t den `for commercial annexation so the City does not run out of property for economic development. Mayor Coy received consensus for a future workshop within a sixty day period to hash out our ideas for a state of the art City economic development plan, which would give time for Council members to research and gather ideas and to attend Economic Development Council meetings. She asked the City Manager to make this happen and be sure to invite the Chamber. Mr. Neglia said he did not want to see commercial annexation thrown down our throats and cautioned we be careful how we go about it. Ms. Simchick said in additwn to inviting the Chamber and public, groups with large commercial areas that are undeveloped should come forward. Mayor Coy thanked the Chamber of Commerce for funding the presentation by Mr. Fruth. s. Being no further business, Mayor Coy adjourned the workshop at 9:00 p.m. Approved at the May 9th, 2007 Regular City Council Meeting. Andrea Coy, Mayor ATTEST: Sally A. Maio, MMC -City Clerk i~ 4 cm~~ HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, APRIL 25, 2007 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 2. 3. 4. 5. 6 Mayor Coy called the Regular Meeting to order at 7:00 p.m. The Pledge of Allegiance was led by Council Member Simchick. There was a moment of silence. 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. ROLL CALL City Council Present: Mayor Andrea Coy Vice-Mayor Sal Neglia Council Member AI Paternoster Council Member Dale Simchick Council Member Eugene Wolff Staff Present at Dais: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Staff Present in Chambers: Airport Director, Joe Griffin City Engineer, David Fisher Finance Director, Shai Francis Growth Management Director, Rebecca Grohall Public Works Administrative Supervisor, Linda Kinchen Police Chief, Jim Davis Police Lieutenant, Bob Lockhart MIS Systems Analyst, Barry Siepmann AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS Items not on the written agenda maybe added only upon a unanimous vote of Cify Council members (R-05-26) The City Attorney requested that an item be added to Unfinished Business regarding a request for an attorney-client executive session. The item was added as item D on a voice vote of 5-0. 1~ Regular City Council Meeting April 25, 2007 Page Two 07.090 07.091 07.092 2 5-22 07.093 23-79 07.092 81-85 Mayor Coy requested addition of an item to New Business to reach a consensus of council on how to proceed with the county charter issue. The item was added on a voice vote of 5-0. 7. PROCLAMATIONS, ANNOUNCEMENTS, PRESENTATIONS A. Presentation of Plaques to Jeremy Halstead, Eric Suesz and David Bfanco for Lifesaving Effort Mayor Coy, assisted by Pat Kirby, presented plaques to the three gentlemen for their effort to save the life of Mrs. Kirby's daughter, Theresa Meeker, after her car accident on Roseland Road and honored them for their bravery. B. Proclamation -National Nurses Week -May 6-12, 1007 -Inez Fielding RN Acceptinq Mayor Coy read and presented the proclamation to Inez Fielding. Ms. Fielding introduced Ms. Philipsburg and Mary Goslin who each addressed the audience on the importance of nursing. C. Proclamation -Arbor Day -April 28, 2007 -Tree Board Members Accepting Mayor Coy read and presented the proclamation to three members of the Tree Board. Member Mary Bennett invited the public to the Arbor Day celebration on April 28, 2007 at Bryant Court Park starting at 10 am. 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. i~ A. Approval of Minutes - 4/11/07 Regular Meeting B. Award Janitorial Services Contract to GCC Commercial Cleaning (City Manager Transmittal, Contract, Bid Documents, Tabulation Sheet) C. Approve Champion Tree Nominations -Certificates Will Be Presented on Arbor Day (Tree Board Memo) Mr. Neglia removed item B. On MOTION by Ms. Simchick, and SECOND by Mr. Paternoster, consent agenda items A and C were approved on a voice vote of 5-0. 2 Regular City Council Meeting April 25, 2007 Page Three Item B Mr. Neglia inquired asked about the difference in days of week cleaning schedules for toilets and toilet bases as set out on circle page 57 and 58, and asked why they would clean the tops and not the bottoms. The City Manager said the floors are mopped every three days and they clean the pedestal at the same time. Mr. Neglia suggested notification of unsecured facilities to the police department as soon as possible, rather than to the contract administrator by 5 pm the next day. On MOTION by Mr. Neglia, and SECOND by Mr. Paternoster, item B was approved with the addition of the contact with the police department on a roll call vote of 5-0. 9. COMMITTEE REPORTS/RECOMMENDATIONS A. Citizens' Budget Review Advisory Committee 07.070 City Clerk Transmittal, Code Section 2-167, Cardinale Application) s7-s2 i. Appoint Alternate Member for One Year On MOTION by Mr. Neglia, and SECOND by Ms. Simchick, Charles Cardinale was appointed alternate for one year on a voice vote 5-0. 07.071 B. Parks and Recreation Committee 93-ss i. Request from Chairman Don Wright to Amend the City Code of Ordinances to Eliminate Memberships by Zone (Code Section) Don Wright, Chairman, Parks and Recreation, requested that the Parks and Recreation memberships not be based on the specific impact fee zones as set out in the Code of Ordinances. He said most people find it difficult to understand the zones, and rather go to at-large memberships rather than by zones. Mr. Neglia asked if this was done by ordinance and the City Attorney confirmed it was. The City Attorney said Council can change the committee requirements in whatever way it wishes. Mr. Paternoster asked how the impact fees would be disseminated. Mr. Wright said the money comes into the City not the committee, and as he understands that funds are spent in the same zone as collected, but if there are projects that will benefit the community at large, each zone can contribute to those projects. The City Attorney cited examples of neighborhood parks, i.e., Bryant Court Park and George Street Park, those considered in walking distance. Mr. Wright said the money is intended to be spent on new facilities. 13 3 Regular City Council Meeting April 25, 2007 Page Four Discussion took place on increasing the membership from five members and two alternates to seven members and two alternates. There was no objection from Council to the City Attorney rewriting the ordinance. 07.002 C. Planning & Zoning Commission 97-109 (Gifu Clerk Transmittal Code Section Application Member List Ad, i. Interview Unless Waived, Submit Nomination for One Expired Regular Member Position for Term to Expire 5/2010 Mr. Paternoster nominated Hank Buchanan and being no other applicants or nominations, Mr. Buchanan was appointed to the regular member position to 5/2010. 10. PUBLIC HEARING -None 11. UNFINISHED BUSINESS 07.084 A. Public Input Regarding Relocation of Fire Station #9 No Backup) The City Manager briefly reported on discussions that took place at the last meeting, cited further backup that was presented to Council subsequent to the dissemination of the agenda packet (see attached to minutes). Indian River County Emergency Services Director, John King presented the material on the overhead which represented one year of calls, for the benefit of the public. Willard Siebert, 1013 Indian River Drive, said it does not make sense to leave the east side of US 1 isolated, nor did he understand why the City should donate property to the County because they are funded by all taxes in the County; and said he believes the City will someday need the campus property that is being proposed. Lisanne Monier, US 1, said we need a fire station east of the railroad tracks and agreed we don't have enough ambulance service on the west side of the tracks. She said she did not understand why the station has not been replaced, and recommended we could split it up. Joseph Scarpa, 124 Englar Drive, said he was a volunteer in the 1980's and the station was located where Mel Fischer's museum is now. He cited an incident where he was unable to get to the station because of the train; said if you have the money to build a station on the City Hall complex fine, and recommended if money is available build a satellite on the east side should a train come through because seconds are very important. Damien Gilliams, 1623 US 1, Sebastian, asked why the County doesn't put another station in the highlands if that is where most of the calls are; wondered why we cannot i~+ 4 Regular City Council Meeting April 25, 2007 Page Five call DOT for assistance with the ingress/egress issue at the old Wal-Mart and have Wal- Mart chip in and assist with the purchase of the property then donate two acres to the County. He read from a Vero Beach Press Journal article regarding Vero Beach obtaining grant funds from area lawmakers who are in top state leadership positions who can earmark state grants for the City and said he had been trying to tell this to Council for many months. He asked why we cannot have a fire station like the one in Orchid Island; asked who is going to lead us and seek grants; and said we are going to have major parking problems along the Riverfront. Mayor Coy asked him to keep to the subject of the fire house. Mr. Gilliams said he is talking about six acres the City could obtain. He asked if there had to be a death before the leaders of this community act, and said if things were moving in the direction he thinks they should be moving in he would not have to keep coming here time after time and this location was proposed to Mayor Burkeen when he was here. Louise Kautenberg, Sebastian, said we need to have services on the east side of the railroad tracks; said there a number of properties available that are zoned properly that would accommodate a fire station; and before we give away a piece of this complex, we need to investigate this further; and perhaps we do need two stations. Joe Baird, Indian River County Administrator, corrected information said here tonight: that they are simply exploring alternatives; noted Vero Beach gave the County property at the airport in exchange for airport coverage; and for the station on the river in Vero the City provided it to them for $1 per year; and that the US 1 site in Sebastian will no longer accommodate a fire station. He said the station prototype will be the same in every area except the one in Vero Beach which has a marine unit. He said they have looked at the old Wal-Mart site and it has ingress/egress problems and is in a flood zone. Mayor Coy said many people discussed splitting services and asked Mr. Baird if this was possible and Mr. Baird said it is better to run a full service station. He assured the public that there has been no loss of service. Ms. Simchick inquired about station 3 and whether it would be possible to rebuild station 9 as ambulance only. Mr. Baird said station 3 is going to be consolidated to a new station on 49th Street as a full service station and reiterated it was most appropriate to provide full service and if Council wants us to go on the east side of the tracks the County will pursue that. The City Manager said the City has not been silent in this, had been in discussions with the County with several different options, but the County is looking at what is best and is ultimately responsible for the location of the fire station. Mr. Wolff asked Mr. Baird why, in the largest City in Indian River County, 28 months after the hurricanes, the County is just researching this and why wasn't the station rebuilt in the six months following the storms. ~J Regular City Council Meeting April 25, 2007 Page Six Mr. Baird said there were many stations damaged, but most had sufficient land to rebuild, some construction has now begun, but the station in Sebastian does not have sufficient land and a new location has to be found. He said there was $15 million in damages to the stations in Indian River County and it has been difficult working with the State. Mr. Neglia asked was there ever a possibility to get funding from the State Emergency Services or US government for this. Mr. Baird said there were attempts to get money, however it is not as easy as people think and they are making every attempt to get grant money. In response to Mr. Paternoster, Mr. Baird said all stations even though damaged were always in operation; and again reiterated the hardest has been this station because it does not have sufficient land, and again made it clear they are delivering services. He said the Vero Beach riverside station did not have enough land but Vero Beach gave them additional land for $1 per year for that station. John King said County staff first met with former City Manager Terrence Moore in 2004 about possible locations, and have been seeking property for quite some time. Ms. Simchick asked why the station could not be at the airport, and what could the County offer the City for the City property such as the US 1 property. Mr. King said distance was a problem and that he did not think they could drive across the airport. The City Manager said there is no access point to get quickly from the west side of the airport to Main Street. Mr. Baird said the County has cooperated with Sebastian and in fact purchased half of the Riverfront property (at Riverview Park South) because they thought it was a good idea and he is anticipating some problems with tax caps that may be coming. Mr. Neglia said he did not think Ms. Simchick understood the detriments to splitting services and where they should be located and tradeoffs; agreed we need a full service station; asked why we are even discussing the west side and asked for a consensus to say let's just let the County staff know whether we want it on the west side or east side and let them get on with their search. He said if anything we could use another ambulance on Barber Street. Upon questioning by Mayor Coy, it was the consensus of Council that they would prefer the station on the east side and that use of the property on the City Hall complex was unacceptable. Mayor Coy asked how we can assist the County in its efforts. Mr. Baird said the cost of the property they are looking at is located on Roseland Road east of the railroad tracks i~ 6 Regular City Council Meeting April 25, 2007 Page Seven near the water tower and the price is $947,000 and they could probably tie it up very quickly. Mr. Wolff said although the messenger may not be palatable, the idea of the old Wal- Mart building site is a good site, and that property would make sense. Mr. Baird reiterated that property is in a flood area, and access is a problem; and stated the County spends an equal amount of money throughout the County. Mayor Coy pointed out she called a Special Meeting a year and a half ago to consider purchase of the old Wal-Mart property, and that the property was considered unacceptable by the County then as it is now, because of the flood zone. The City Manager said the asking price for that property then was $3.3 million with closing costs, and now we are asking the County to look at it again, when the cost for the other property on Roseland Road is $945,000. Ms. Simchick said she is very familiar with emergency services; but that it is the ultimate call of the County as to where they put the station. She said people need to understand that fire stations house people for days at a time and if the station is in a flood zone we would have problems. She thanked Mr. Baird for exploring options with us. After questioning each member of Council, Mayor Coy thanked Mr. Baird, wished him God speed, and thanked him for being so cooperative on this. Mr. Baird said he would guarantee they will keep the new station east of the railroad tracks and it will be a nice looking facility. Willard Siebert requested to speak from the audience but was told by Mayor Coy that Council was on the firehouse issue and debate was closed. Mr. Gilliams yelled from the back of the room and Mayor Coy called for order. Mayor Coy called recess at 8:38 p.m. and reconvened the meeting at 8:53 p.m. All members were present. 07.057 B. Discussion of Proposed Language for Merger of Tree & Environmental Board - 111-113 Tabled from 4/11/07 (City Attorney Transmittal from 4/11/07 Packet The City Attorney said the transmittal includes existing language and suggested language if Council wants to consider the merger. Trish Adams, Chair, Environmental Advisory Committee, said she did not like the suggested mission statement; that the committee was pretty overall supportive and later found that there were one or two people on the Tree Board who were concerned. She suggested a joint workshop of the two committees and maybe a member of Council, City 11 Regular City Council Meeting April 25, 2007 Page Eight Manager and City Attorney, and said it would be a good idea to merge noting there is too much duplication of effort. Todd Klitinic, 1274 Barber Street, said it would be a great idea to pool resources. Mr. Neglia asked if we would have to name species, and the City Attorney said this phrase would be a catch all and would cover alt species set out by agencies. Mr. Paternoster and Mr. Wolff agreed with a joint workshop of the two committees. Ms. Simchick said she liked the mission statement but should give them an opportunity to meet, and asked how the appointments will be made. The City Attorney said the less obtrusive way is to merge and decide upon an appropriate number, and through attrition come to that number. Discussion took place on the makeup of the board, whether they need to be defined positions or just concerned citizens. Ms. Simchick said there is a paid Environmental Planner on board and the committee should include concerned citizens. The City Attorney advised that several City committees have specific membership requirements but there is an out that allows for alternatives to be used if someone cannot be found to fill the requirements. It was the consensus of Council to table this until the joint workshop takes place and the committee can report back to us. 07.072 C. Review Meeting Procedures Resolution No. R-05-26 (R-05-26 Mayor Coy will 115-118 provide recommendations under separate cover) Mayor Coy had provided a recommendation prior to the meeting (see attached to minutes). Mr. Paternoster asked for a definition of inappropriate remarks and the City Attorney responded items off the subject matter and if under New Business from the Public it would be things the Council cannot act upon since it is not a general political forum. The City Attorney clarified that when it states talking to the chair, it is in its broader sense as representative of the Council. Mr. Wolff asked the City Attorney if someone came to Council and talked about the concrete plant and because it is a County decision, would this be considered an inappropriate remark. The City Attorney said the City would have standing to file an appeal to the plant under FS 163. He gave as an example of something that would not be appropriate would be if someone started talking about recall which is an issue that would never come before the Council; or if someone was name calling. ~s 8 Regular City Council Meeting April 25, 2007 Page Nine Mr. Wolff then asked if someone wanted to talk about beach renourishment would this apply, and the City Attorney said if they were asking for Council to take a position on the matter it would be appropriate. Ms. Simchick said she was concerned that remarks considered inappropriate could be stifling someone's right to speak. She said when someone goes off subject matter they just need to be brought back to the subject, and wants to be sure we are all on the same page before we amend this that we are not stifling anyone. The City Attorney said the chair already has the inherent authority to curtail inappropriate language, asked and if instead you just wanted to say, "in controlling the meeting the chair shall follow the following," adding any decision of the chair is always subject to Council vote. Mayor Coy said maybe taking the word inappropriate out might be a good idea, since the Attorney advised none of this needs to be said, but she wanted it to be clear as to the normal policy and general procedure. Ms. Simchick asked if someone is speaking on a specific matter and is asked to sit down, would they be able to speak on another matter. Mayor Coy said they would. Joe Scozzari asked what happens if somebody on Council is not being civil to the public and said, "Don't stand there with that disgusting look on your face", which he said he thinks are uncivil acts and she is trying to push his buttons so she can have him removed. He said the Mayor is not Council's boss and it is up to Council to call a point of order and ask to hear "what the man has to say". He said Council members don't need to be the Mayor's puppet and do not have to listen to everything the Mayor says. He said he hopes they use their own minds and take a minute to really see what has been going on in this community with regard to himself and his wife. Mayor Coy said he is going into accusations and asked him to keep it to the issue. Mr. Scozzari said he thought he was staying on the issue and asked if anyone disagreed. Mr. Wolff said he recalled Ms. Simchick calling for a point of order at a previous meeting and he thought that Council is well aware that if one of the members is not following Roberts Rules of Order it is actually incumbent on them to call for a point of order. He said he thinks the reason Mr. Scozzari has not seen that to the levels to his satisfaction is not the fact that Council is being used as puppets, but the fact that they probably don't feel that that point, they want to get past that point, they want to move on. He asked him to carry on with what he was saying but please try to stay to the point. Mr. Scozzari said respect gets respect and disrespect begets disrespect, if you treat me human I'll treat you human, and if you lie to me I won't lie to you but I'll let the world know you lied, and treat everyone the way you want to be treated. ~~ 9 Regular City Council Meeting April 25, 2007 Page Ten The City Attorney cited the process for appealing a decision of the chair can be one single member appealing, which would then result in a vote. Damien Gilliams, 1623 US 1, agreed with Mr. Scozzari, and said according to Resolution R-05-26, the Mayor wouldn't let him speak under public input on agenda items but the Mayor let somebody else speak. Mayor Coy asked him to tell Council exactly what agenda item he was referring to for which they did not follow protocol. Mr. Gilliams said he was talking about Mr. Siebert and the firehouse item. He then read from the title of the agenda item "Public Input Regarding Relocation of Fire Station #9", and just because he got up once doesn't mean he can't come up again, especially when you have someone from outside the County giving you hogwash. He stated he wanted a chance to debate the issue and get the facts straight and yet she wouldn't acknowledge him when he raised his hand. He read from the resolution Section 7 Public Input on Agenda items, "Individuals who wish to address the City Council on items where public presentations are permitted on the agendas shall address the City Council immediately prior to deliberation," and said she never closed the public input and let other people speak. Mayor Coy said this was not a judicial hearing. Mr. Gilliams asked her to play by the rules and it is not right for her to allow other people to speak when she shut him down. Again Mayor Coy asked who was allowed to speak and Mr. Gilliams responded, Mr. Siebert was allowed to speak. Mayor Coy said Mr. Siebert did not get up to speak, and Mr. Gilliams said she was right that he spoke from his chair and he did not see the gavel go down. Mayor Coy said this is not a debate; that Mr. Siebert was not allowed to speak nor was Mr. Gilliams and after the discussion was over Council took a break, so the accusation has no merit. Mr. Gilliams said the reason Mr. Siebert did not speak is because he spoke over him. Mayor Coy asked him to move on to his next point. Mr. Gilliams asked why Mayor Coy dropped this backup on the Council at the last minute and they don't have a chance to review, and asked if she has something to hide. Mayor Coy said this sounds like an accusation and said this is his first warning and asked him to address the issue. Mr. Gilliams asked why she was bringing things under separate cover to her cohort members at the last minute not giving them time to review. Ze 10 Regular City Council Meeting April 25, 2007 Page Eleven Mayor Coy said there is no formal decision coming tonight and she is seeking consensus and that the resolution has to be brought back for formal action. Mr. Gilliams said if the City Manager has a deadline of noon Thursday, and he types in there "Mayor Coy will provide recommendations under separate cover", what is it that she is concealing. The City Manager said the deadline is aself-imposed arbitrary deadline from the City Manager for information from department heads to make the agenda. He said so the speaker understands it is more an internal staff process. Mr. Gilliams said let's do it right so there is time for review by the public. Mayor Coy began to speak and Mr. Gilliams called for a point of order. The City Attorney said as the City's parliamentarian, the public has no right to call point of orders, and the subject of the agenda is the resolution and not the process by which staff prepares an agenda. Mayor Coy said Council is not trying to pull wool over anyone's eyes, this is not aquasi- judicial hearing, this is a resolution which will come back for public input. She said his accusations are off-line and it will be addressed at another meeting should Council give its consent to her recommendation. Mr. Gilliams continued trying to clarify the "under separate cover" issue and Mayor Coy asked him to take his seat. Willard Siebert, 1013 Indian River Drive, said this resolution is long overdue and is something we need and citizens have a right to attend meetings without disruption and have the business of the City carried on in an appropriate manner. Mr. Scozzari started to approach the podium and Mayor Coy noted he had already spoken on this issue. She then opened it up to Council discussion. Mr. Wolff and Mr. Neglia had no further comment. Mr. Paternoster said he had a problem with the word "inappropriate" and the City Attorney suggested "in controlling the meeting, the Chair shall use the following course of action", and then use the three steps. In response to Ms. Simchick, the City Attorney said the County simply follows the inherent authority of the Chair, and the City always did as well, but this is a really more of a chance to set that out in concrete so there is no question that it is more strictly enforced on some and less strictly on others. 2~ Regular City Council Meeting April 25, 2007 Page Twelve It was the consensus of Council to bring forth in resolution form the suggested changes offered by Mr. Paternoster. D Executive Session -Added to Agenda The City Attorney requested an executive Attorney-Client session in the case of J & S Aviation vs. the City of Sebastian. He then described the executive session process under Florida Statutes 286.011 for Council and suggested next week. Discussion took place on the requested meeting with Fellsmere on May 7th and Mayor Coy said she would like them to come to Sebastian so the meeting can be broadcast and asked the City Manager if this could be arranged. It was decided to have the Executive Session on May 2, 2007 at 6 p.m. The City Attorney said he would like to brief each Council member individually along with the City Manager and Airport Manager at Council's convenience. 12. NEW BUSINESS 07.093 A. Consider Waiver of Temporary Use Permit Fees in the Amount of $125 for American 119-121 Legion Post #189 Fundraiser (Transmittal, American Legion Letter) The City Manager stated that temporary use permits are approved administratively, however, they were seeking a fee waiver. Peter Marquis, Commander, American Legion Post 189, said the fee was unexpected for them, that they provide scholarships for the high school, and were seeking a fee waiver for an American Gun Show. Mr. Wolff asked the City Attorney to explain the fee, and the City Attorney explained said it is a temporary use permit for an event in accordance with code and they are seeking a waiver from the permit fee. Mr. Wolff asked if they anticipated a member of the police force needing to be there. Chief Davis said in reviewing the application for the permit, they have adequate security set up, and will not need police presence. Mr. Neglia said there is no date listed for the event and was told it is this Friday and Saturday. Mr. Paternoster asked how many people are anticipated, and was told they expect about 200, and the guns will be secured. 22 12 Regular City Council Meeting April 25, 2007 Page Thirteen At Mr. Wolff's request it was clarified that this is a gun show on the American Legion property, and the vendors are federally registered dealers. Ms. Simchick pointed out all Council is being asked is if the fee would be waived. On MOTION by Mr. Paternoster and SECOND by Ms. Simchick, the temporary use permit fee for the Gun Show at the American Legion Post #189 was waived on a roll call of 5-0. B. Consensus on How to Proceed Regarding Charter County Government Mayor Coy said all municipalities have agreed to look at an interlocal agreement, however, the County is planning to take action to go forward on the Charter government issue on May 1St and perhaps set it for an August ballot and the City needs to notify the County we need more time to review the issue. She sought consensus of Council to inform the County of the City's intention to participate and request an extension to allow the City to identify our concerns. The City Attorney said Fellsmere has done an "initiating resolution" expressing they want to discuss their concerns with the County, and if the City of Sebastian does not respond, the City will be bound by whatever is agreed to. The County has to negotiate with them by law. The City Attorney explained the questions are #1) that we do want in fact to participate in the interlocal agreements, #2) the City representative needs to receive formal acknowledgement of our intent to participate at Tuesday's County Commission meeting, and #3) the Mayor is asking to represent the City and let the County know that interlocal agreements are our preference . He further explained that he will need to meet individually with members to identify negotiating options, then workshop, and authorize a responsive resolution at May 25th meeting. He stated the County's ordinance being considered Tuesday will set an August special election for the question of going to a charter county which could take over all of the City's density and height decisions. Mayor Coy said at the meeting of the five Mayors, all five municipalities said they wanted to have interlocal agreements as the first resort. She said she did ask the County Commissioners to table the ordinance if Fellsmere will table their planned annexations but she did not receive a commitment from all five commissioners. Mr. Neglia said Commissioner Wheeler said he would hold off on the Charter ordinance if Fellsmere would hold off on annexation. Mr. Neglia said not much is known about either option and there has not been public input and it seems the cities are just fighting each other and the cities need to go to our representatives. Mayor Coy said Council needs to ask for time to educate ourselves and educate the public. Z'' 13 Regular City Council Meeting April 25, 2007 Page Fourteen Mr. Wolff said the City should explore the interlocal agreements, that there doesn't seem to be a downside. He said half of the voters will be out of the County in August and is not a time to be holding elections. Ms. Simchick said the argument for charter was to control density and height, and it gives the power to the voters, the problem is the County has not written the document yet, they are merely asking if they should create a document. She said she heard the County felt left out of the Mayors' meeting, and noted that Commissioner Bowden did point out that August would be a bad time for an election. She said she is not clear on the purpose of meeting May 7th with Fellsmere, and wanted to know why Council would meet with them. The City Manager replied the two different issues colliding are the charter ordinance and Fellsmere's resolution of initiation resulting in the two entities meeting. He stated the City's position on the charter has not been presented to the County, the public will have input and the managers will probably present their support for intergovernmental planning at the May 1St meeting. He said at the May 7th workshop, the City and Fellsmere can discuss how the charter affects us and other interlocal government issues so the City can respond to Fellsmere's initiation. He further explained at the May 9th meeting, the City will have an outline of a resolution for model response to Fellsmere. He said Fellsmere has asked the cities to look at annexation, height, and land use. He stated he feels the City has the most to lose and it is critical to talk about everything--road structures, height, river development which would be about ayear-long planning discussion and by the May 25th meeting, discuss the response due statutorily by June 17~'. He said either way, the City will need to protect its service areas. In response to Ms. Simchick's question related to meeting with Fellsmere or the County alone, the City Attorney explained that Sebastian has interests on both sides. He gave the example that Fellsmere has not put the pending 20,000 acres on the table, but the area up for discussion contains property once requested to be annexed by the City. He said the entities need to talk if the 20,000 acres is annexed into Fellsmere as to how they will be served. He said the City may want an economic center or employment center on the parcel, the City should speak individually and meet with them. He pointed out there is a draft charter document to look at. The City Attorney also pointed out the legislature is moving on a special act concerning the urban service area but that it has changed character, and this should also be considered. He said he was told that before Commissioner Wheeler would agree to hold up the charter, he wanted Fellsmere to withdraw the application and refund the fee, but Fellsmere was concerned that the county would then slam the charter ordinance into place. He compared it to the distrust of the Cold War nuclear arms race, and in the escalation Sebastian will get radiated in between them. He added some negotiations can be boundaries, and zoning specifications. He concluded that the drafts of the charter have changed after questions have been raised as to whether the referendum on Urban Service Area Boundaries is still legally viable. Zy 14 Regular City Council Meeting April 25, 2007 Page Fifteen Mayor Coy said she spoke to Commissioner Wheeler this weekend and he reiterated to her that his position was very clear--that the Fellsmere annexation has to be off the table and money refunded, application withdrawn. Mr. Wolff asked what would happen if the interlocal process took one year, and there is an election in November passing the charter. The City Attorney said all the professionals involved believe the cities should still go forward with the interlocal agreements because the charter is going to turn over a number of planning functions to the County and the Cities can still agree on how the County will address planning functions. He said Fellsmere has two annexations they are intent on doing, but before they finalize the annexation agreement they could bring the other governments in to help plan. He noted that it is not a matter of choosing sides between the County and Fellsmere because Sebastian won't come out ahead either way; we must seek some middle ground that addresses Sebastian's concerns. Mr. Negila asked what effect the meeting with Fellsmere would have on the interlocal agreement with the other three cities. The City Attorney said most of the southern part of the County is only concerned with height and density, noting it is the details of Fellsmere's continued growth which would greatly impact Sebastian. The City Attorney said the south's primary concern is to protect the character of the County without losing control of their destiny as they would with a charter. Mayor Coy said the City is already being affected by Fellsmere residents and if Council doesn't speak up, the City will be overwhelmed and Council should have spoken up months ago. Ms. Simchick said she did not want to join forces with the County and fight against Fellsmere and asked if Council should invite the other cities to this meeting. Mayor Coy said we need to carve out agreements with our immediate neighbor. The City Manager said Ms. Simchick brings up a good point, but for the last month the City Managers and City Attorneys have been meeting, including the County and the common thread is three cities to south are concerned with height, density; the two cities to the north are focused on service, height, density, transportation, annexation; and the County shares some but not all of Sebastian's concerns. He said it is critical for the City to talk to Fellsmere on record especially on the Ausin parcel east of I-95. Mayor Coy said three things can happen at the County meeting: #1) the ordinance can pass #2) it can not pass #3) if we ask for an extension this could be postponed by three votes; and personally she is not sure if Charter is not the way to go, but she would hate for it to go steamrolling over us without time to explore options and the City needs to ask for time. Ms. Simchick said from her point of view she supported asking for time. 15 Regular City Council Meeting April 25, 2007 Page Sixteen Mr. Wolff said he was fine with asking for time without taking a position and perhaps ask for a timeframe. Mayor Coy asked for Council's permission for the City Manager or her to ask for time without a commitment. The City Attorney said if we are going to do this successfully we want to do this comprehensively, but six months will give us time to know if we are making progress on doing this comprehensively, and to do it right it will be a year because it is mapping out the next 20 years of Indian River County growth. It was the consensus of Council to ask for more time on May 1St at the County Commission meeting. On MOTION by Mr. Paternoster and SECOND by Mr. Neglia, the meeting was extended on a voice vote of 5-0. 13. 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 John Oakes, 593 Birch Court, sought help from Council with an injustice in the judicial system relative to two border patrol agents who are imprisoned for attempting to apprehend and wounding an illegal alien drug dealer He asked them to send letters to Congress, and support House Bill 593 which would pardon the agents. Trish Adams, 47 River Oak Drive, Sebastian, thanked City Council and staff for the soggy Earth Day event and thanked all schools, businesses and individuals who participated. She asked why Fellsmere's annexation is not being reviewed by Treasure Coast Regional Planning Council. Mr. Neglia responded that it was. Joe Scozzari, thanked City staff and Mr. Paternoster for meeting with him to discuss some of his issues. He asked people to contact him as about the gang issue and would like the name Gang Task Force changed to some kind of adolescence opportunities, gave his number at 589-2682 and hoped to get more people involved in the community. Mr. Paternoster noted the Gang Task Force is voluntary and is not affiliated with the City. Mr. Scozzari said they would like to organize as anon-profit and make it for older kids. Mr. Wolff asked why has the gang issue seemed to dissolve, was there ever a gang problem, and said the City may be vulnerable to nearby gangs and why would the name with `gang' suddenly be pushed out. Mr. Scozzari said he always thought if we talked Regular City Council Meeting z~ 16 April 25, 2007 Page Seventeen about gangs it would bring other gangs to see what was going on here, and that he believed the City never really had a real gang problem. Willard Siebert, congratulated the City on the boat ramp and Yacht Club improvements. Todd Klitinic read from a March 28th Press Journal article in which the Police Chief states that though crime is up, solving it is down and this says the City needs more officers because the City is below state guidelines. He thanked Council for allowing the Relay for Life event to be in Friendship Park and said he would be participating in the event. Don Wright, 720 North Fischer Circle, Sebastian, discussed that during the Sebastian Preserve acquisition he thought the Fleming Street extension would go away, though he is hearing it is still under consideration and planned. He said he has repeatedly requested and been denied engineering studies that were completed; and asked Council to make a complete review of this matter which may cut through the Preserve and bring it out to the public. Ms. Simchick said this has been a revolving door and that Council needs to put it on our next agenda for public input and make a stand as a Council. The City Manager asked that this be put on the May 23`d agenda to give staff time to compile the information needed to report. He added the project has been on the books for a long time. Mr. Wolff asked if it was Mr. Wright's opinion that this needed Council's immediate attention. Mayor Coy asked that staff be given time to gather information for the May 23`d meeting. Damien Gilliams said he has not received an official response on his Paradise Marina site plan and had been assured by the City Manager he would get a response by the end of March. 14. CITY ATTORNEY MATTERS -None 15. CITY MANAGER MATTERS -None 16. CITY CLERK MATTERS -None 17. CITY COUNCIL MATTERS A. Mr. Paternoster- None. B. Ms. Simchick stated she was told that Mr. Gilliams would receive a written notice by the end of March .and she asked what the delay was. The Growth Management Regular City Council Meeting 2~ 17 April 25, 2007 Page Eighteen Director said draft comments were transmitted to Mr. Gilliams; as well as comments were transmitted in January to which staff has not received a response. She stated they could certainly be stamped formal and given to him. C. Mr. Wolff -None. D. Mayor Coy thanked everyone for the Earth day event. She reiterated for public's benefit the May 7th meeting with Fellsmere, the CIP Workshop on May 9th and the Executive Session scheduled for May 2"d E. Mr. Neglia -None. 18. Being no further business, Mayor Coy adjourned the Regular Meeting at 10:58 p.m. Approved at the Andrea B. Coy, Mayor ATTEST: Sally A. Maio, MMC -City Clerk z~` Regular City Council meeting. 18 ~c cmoF 7~~ ~ i HOME OF PELICAN ISLAND SPECIAL CITY COUNCIL MEETING ATTORNEY-CLIENT SESSION MINUTES WEDNESDAY, MAY 2, 2007 -- 6:00 PM CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. 2. 3. Mayor Coy called the Special Meeting to order at 6:00 p.m. ROLL CALL Mayor Andrea Coy Vice-Mayor Sal Neglia Council Member AI Paternoster Council Member Dale Simchick Council Member Eugene Wolff Also Present for Public Meeting. portion only: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio The certified court reporter was waiting in Conference Room for Attorney-Client session to begin. Following roll call Mayor Coy recessed the public meeting and the following members left the Council Chambers to go to the Attorney-Client session in the 2"d floor conference room. Names of Persons attending Attorney-Client session: Mayor Andrea Coy Vice-Mayor Sal Neglia Council Member AI Paternoster Council Member Dale Simchick Council Member Eugene Wolff City Manager, AI Minner City Attorney, Rich Stringer Certified Court Reporter The City Clerk remained in the City Council Chambers. 2°~ Special City Council Meeting Attorney-Client Session May 2, 2007 4. REOPENING OF PUBLIC MEETING TO ANNOUNCE TERMINATION OF ATTORNEY- CLIENT SESSION Upon return of the aforementioned members who attended the Attorney-Client Session at 6:47 p.m., Mayor Coy called the public meeting back to order and announced the closing of the session. 5. ADJOURNMENT OF PUBLIC MEETING Mayor Coy adjourned the public meeting at 6:47 p.m. Approved at the May 9, 2007 Regular City Council Meeting. Andrea Coy, Mayor ATTEST:' Sally A. Maio, MMC -City Clerk 3c 2 fill' Of HOME OF PELICAN 15111ND city o~ aenaszian, r-ioriaa Subject: Resolution No. R-07-15 Adopting an Agenda No. ~7 Amended Fiscal Year 2006-07 Budget. Approv f mittal by: City Manager Department Origin: Fin ce Finance Director: Date Submitted: May 2, 2007 ~_ For Agenda of: May 9, 2007 Exhibits: • Resolution No. R-07-15 • 2°a Quarter Budget Review Memorandum • Capital Project Status Reports as of March 31, 2007 • Schedule of Investments -State Board of Administration as of March 31, 2007 • Schedule of Investments -Custodial Account as of March 31, 2007 • Schedule of Investments -Guaranteed Investment Contracts as of March 31, 2007 • Schedule of Investments -Certificate of Deposits as of March 31, 2007 • 2nd Quarter Accomplishments and Fiscal Year-To-Date Operating Statement EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: REQUIRED: N/A N/A N/A SUNIlVIARY Pursuant to financial policy adopted in previous fiscal years, budget reviews and adjustments would be presented to the City Council on a quarterly basis. In addition, project status reports, investment reports, quarterly accomplishments, and operating statements are also included for your review. Following adoption of the City of Sebastian's amended on February 14, 2007, there were several program changes that occurred over the three months ended March 31, 2007 that require an amendment to the budgets of the various funds of the City. As such we are recommending a net increase of $30,813 to the General Fund resulting from FEMA reimbursement and private contributions. In addition to the net increase of the General Fund, there are three line item transfers in the General Fund which do not increase or decrease the total General Fund budget that are included in this amendment package. The line item transfers include the following: Transfer of $6,513 from General Fund contingency to fund the additional ground contamination testing at the City Garage, which is required by the Florida Department of Environmental Protection Agency. Transfer of $4,000 from General Fund contingency to fund the obelisk and bench installed at Martha Wininger Reflection Park. Transfer of $12,258 from General Fund contingency to fund the additional costs for stormwater mowing contract, which was approved by the City Council on January 11, 2007. In addition, there are increases in other fund types due to grant, private contributions, and fund bal ~, carried forward for capital projects. In keeping with the ability of the City to react to these type of changes as they occur during the course of a year and matching it with the ability to take advantage of them, we are recommending the changes identified in Resolution 07-15, Exhibit "A", which are more particularly defined and explained in the enclosed memorandum for the 2nd Quarter Budget review. RECOMMENDED ACTION Move to approve R-07-15. 3Z RESOLUTION NO. R-07-'J 5 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2006 AND ENDING SEPTEMBER 30, 2007 AS PROVIDED FOR IN EXHIBIT "A"; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on September 20, 2006, the City of Sebastian adopted Resolution No. R-06-22 providing for the adoption of the City's 2006-07 budget; and WHEREAS, an analysis of the revenues and expenditures for the six (6) months ended March 31, 2007 has indicated that some adjustments are necessary, NOW, THEREFORE, BE IT RESOLVED. BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, THAT: Section 1. The budget of the City of Sebastian, Indian River County, Florida for the Fiscal Year beginning October 1, 2006 and ending September 30, 2007 be amended, a copy of which is attached hereto and more particularly identified as Exhibit "A", which are hereby adopted and the revised appropriations set out therein are hereby made to maintain and carry on the government of the City of Sebastian, Indian River County, Florida. Section 2. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. This Resolution shall be given effect as of March 31, 2007. It was moved for adoption by Councilmember The motion was seconded by Councilmember being put to a vote, the vote was as follows: Mayor Andrea B. Coy Vice-Mayor Sal Neglia Councilmember Al Paternoster Councilmember Dale I. Simchick Councilmember Eugene Wolff and, upon The Mayor thereupon declared this Resolution duly passed and adopted this 9th day of May, 2007. 33 CITY OF SEBASTIAN, FLORIDA ATTEST: Sally A. Maio, MMC City Clerk By: Andrea B. Coy, Mayor Approved as to form and content for reliance by the City of Sebastian only: Rich Stringer, City Attorney 3U EXHIBIT "A" AMENDED FY 2007 AMENDED BUDGET BEFORE 2ND QUARTER BUDGET AFTER FUND TITLE ADJUSTMENTS ADJUSTMENTS ADJUSTMENTS GENERAL Revenues $ 12,380,198 $ 30,813 $ 12,411,011 Expenditures $ 12,380,198 $ 30,813 $ 12,411,011 LOCAL OPTION GAS TAX Revenues $ 765,000 $ - $ 765,000 Expenditures $ 765,000 $ - $ 765,000 DISCRETIONARY SALES TAX Revenues $ 3,240,300 $ ~ - $ 3,240,300 Expenditures $ 3,240,300 $ - $ 3,240,300 RECREATION IMPACT FEE Revenues $ 405,000 $ - $ 405,000 Expenditures $ 405,000 $ - $ 405,000 STORMWATER UTILITY FEE Revenues $ 1,298,676 $ - $ 1,298,676 Expenditures $ 1,298,676 $ - $ 1,298,676 LAW ENFORCEMENT FORFEITURE Revenues $ 11,500 $ - $ 11,500 Expenditures $ 11,500 $ - $ 11,500 G.R.E.A.T. PROGRAM Revenues $ 10,000 $ 4,155 $ 14,155 Expenditures $ 10,000 $ 4,155 $ 14,155 DST DEBT SERVICE FUND Revenues $ 1,035,182 $ - $ 1,035,182 Expenditures $ 1,035,182 $ - $ 1,035,182 STORMWATER DEBT SERVICE FUND Revenues $ 438,148 $ - $ 438,148 Expenditures $ 438,148 $ - $ 438,148 CAPITAL PROJECTS FUND Revenues $ 3,861,421 $ 53,183 $ 3,914,604 Expenditures $ 3,861,421 $ 53,183 $ 3,914,604 GOLF COURSE Revenues $ 1,635,642 $ - $ 1,635,642 Expenses $ 1,635,642 $ - $ 1,635,642 AIRPORT Revenues $ 396,235 $ 10,000 $ 406,235 Expenses $ 396,235 $ 10,000 $ 406,235 BUILDING Revenues $ 1,103,072 $ - $ 1,103,072 Expenses $ 1,103,072 $ - $ 1,103,072 TOTAL BUDGET $ 26,580,374 $ 98,151 $ 26,678,525 35 ~~ rnY of HdME OF PEtICAAi 15LAND TO: MAYOR AND CITY COUNCIL THROUGH: AL MINNER, CITY MANAGER FROM: SHE ~ FRANCIS, FINANCE DIRECTOR DATE: MAY 2, 2007 SUBJECT: 2nd QUARTER BUDGET REVIEW -FISCAL YEAR 2007 As of March 31, 2006, the status of budgets for the major operating funds were as follows: % OF BUDGET ADOPTED RECEIVED/ BUDGET RECEIVED/ BUDGET EXPENDED BALANCE EXPENDED GENERAL Revenues $12,380,198 $ 6,860,388 $ 5,519,810 55.4% Expenditures $12,380,198 $ 5,771,146 $ 6,609,052 46.6% GOLF COURSE Revenues $ 1,635,642 $ 1,068,879 $ 566,763 65.3% Expenses $ 1,635,642 $ 644,254 $ 991,388 39.4% AIRPORT Revenues $ 396,235 $ 160,708 $ 235,527 40.5% Expenses $ 396,235 $ 201,287 $ 194,948 50.8% BUILDING Revenues $ 1,103,072 $ 236,423 $ 866,649. 21.4% Expenses $ 1,103,072 $ 409,342 $ 693,730 37.1% Highlights of the first quarter status analysis include: Overall revenues supporting the General Fund are being received as planned. During the six months ended March 31, 2007 55.4%of the budgeted revenues were received while 46.6% of the budget expenditures were spent. The second quarter budget review includes recommendations to increase the total adopted budget for the General Fund by $30,813, which represents the remainder of FEMA reimbursement for hurricane Wilma, a K-9 .contribution from Arden Greer Trust Fund, and fund balance carried forward for K-9 designated expenditure account (Arden Greer contributions). There are also several line item budget adjustments listed below which do not increase or decrease the total General Fund budget that are included in this amendment package. 3~1 Transfer of $6,513 from General Fund contingency to fund the additional ground contamination testing at the City Garage, which is required by the Florida Department of Environmental Protection Agency. Transfer of $4,000 from General Fund contingency to fund the obelisk and bench installed at Pelican Island Martha Wininger Reflection Park. Transfer of $12,258 from General Fund contingency to fund the additional costs for stormwater mowing contract, which was approved by the City Council on January 11, 2007. 2. Special Revenue Funds All Special Revenue funds are receiving revenue as planned and recording expenditures as programmed. The second quarter budget adjustment includes a $4,155 increase in contribution generated from G.R.E.A.T. Antique Car Show. The amount is appropriated to G.R.E.A.T. expenditure account. 3. Capital Projects Funds The second quarter budget review includes recommendations to increase the total adopted budget for the Capital Projects Funds by $53,183. The increase is resulting from the following changes: • $37,500 increase in transfer from Airport Operating Fund for additional costs associated with the relocation of airport security building. • $65 increase in private contribution for Riverview Park Improvements Phase III project. • $3,618 increase in appropriation from prior year fund balance to fund the additional costs associated with the Blossom Ditch Diversion Project due to a change in project scope by Indian River County. • $12,000 increase in appropriation from prior year fund balance to provide funding for Blossom Ditch Phase II project professional services. 4. Golf Course The Golf Course is receiving revenue as planned and recording expenses as programmed. Staff will continue to monitor revenues stream 5. Airport Fund During the six months ended March 31, 2007, 40.5% of the budgeted revenues were received while 50.8% of the budgeted expenses were spent. The low revenue percentage is mainly due to the delay in fuel facility operation. Staff anticipates the fuel sales will start in mid-May. The second quarter budget adjustment includes a $10,000 increase in private contribution for airport internship program, and a line item adjustment to transfer $37,500 from airport contingency account to intrafund transfer out account to fund the additional costs associated with the relocation of airport security building. 6. Building Fund During the six months ended March 31, 2007, 21.4% of the budgeted revenues were received while 37.1% of the budget expenditures were spent. The low revenue percentage is mainly caused by the slow down on building activities, which is affected greatly by local and national housing market and economy. Staff will continue to monitor revenues stream and is prepared to adjust operation whenever necessary. There is no recommended budget adjustment for this quarter. 38 2 Staff has kept well within the adopted budget in all funds to maintain maximum fiscal flexibility. Staff will continue to monitor and review each position vacancy as it occurs for service level consequences. ANALYSIS OF GENERAL FUND REVENUE Overall revenues supporting general fund activities are being received as planned. A total of $6,860,388 or 55.4% of the $12,380,198 budget was received. during the first six months of the year. .This high percentage is due to 85% of property taxes being received during the two quarters. TAXES: Real and Personal Property Tax Collections were 85% of budget which is slightly lower than the same period of fiscal year 2005-2006. The Franchise Fees and Utility Service Taxes are being received as expected, although most of the fees/taxes are below the 50% collection estimate for the first six months of the year. This is due to timing differences in recording the revenue and the actual cash received, however, we are confident that the revenue budgeted will be realized. LICENSES AND PERMITS: Occupational and Professional Licenses are being received at lower pace than last year, at 88% of budgeted revenues as compared to 96% last year for the same period. Other permit fees are received at 25% of anticipated revenues. INTERGOVERNMENTAL REVENUE: During the first six months of 2006-2007, the City has received 39% of the projected revenue. This is due to timing differences associated with when revenue is recorded and when actual cash is received. The cash receipts received in October by the City is generally associated with revenue received in August by the State and therefore, in accordance with generally accepted accounting principles, would be recorded in the prior year. As such, the revenue (not cash) received in October 2006 would be recorded in September 2006, thus evening out the revenue stream. Based upon calculations used during the budget process, we are confident the revenue will be received as budgeted. Also, some revenue is not received until later in the fiscal year such as, alcohol beverage licenses. When these revenues are received, the projected amounts will be realized. Included in this budget amendment package, staff recommends an increase of $14,919 in grant revenues to reflect the final reimbursement received from FEMA for hurricane Wilma. The amount is appropriated to repair and maintenance of building. GENERAL GOVERNMENT CHARGES FOR SERVICES: During the first six months the City has received 42% of the budgeted revenues in this group. Staff is monitoring the charges for services revenues closely, especially in the tennis- court and skate facility areas. At the end of the second quarter 2007, tennis facility has generated approximately 46% of its budgeted revenues while the skate facility has generated 54% of its budgeted revenues. There are no recommended changes at this time. FINES AND FORFEITURES: During the first six months, 50% of revenue had been collected or received as compared to 40% in the prior year. Staff will continue to monitor this revenue source. There are no recommended changes at this time. MISCELLANEOUS REVENUES: During the first six months the City has received 62% of miscellaneous revenues. The above average percentage is mainly contributed to interest earnings. Included in this budget amendment package, staff recommends an increase of $10,120 in private contribution to reflect the money received from Arden Greer Trust Fund for the Police K-9 operation. 3 3q OTHER REVENUE SOURCES: Other revenue sources mainly consist of operating and capital transfers and appropriation from prior year fund balance. Included in this budget amendment package, staff recommends an increase of $5,774 in appropriation from prior year fund balance to carry forward the unspent K-9 funding contributed by Arden Greer Trust Fund in prior fiscal year. The amount is appropriated to K-9 expenditure account. The following changes are a summary of the analysis above and are the net recommended changes to the revenue accounts: ` Deparhnent: General"Funil~~.' ~1DO,PTED ~~~~ ~ ~ 200 207, ~ ~`~~BUDGE~~`" ~ ` ~ .: s. K 'RECOILII~IFNI>FD,~ ~ ~~ ~'CH`ANGES~'~' r REVISIJD~ ~~ X2006-2007,~~ ~ ~~~BUDG~~T~ Taxes $ 7,681,502 $ - $ 7,681,502 Licenses and Permits 231,200 - 231,200 Inter overnmental 2,380,000 14,919 2,394,919 Char es for Services 441,342 - 441,342 Fines and Forfeits 55,900 - 55,900 Miscellaneous Revenues 397,562 10,120 407,682 Interfund Transfers 736,192 - 736,192 Non-Revenue Sources 456,500 5,774 462,274 Total ~ ~, .~ L t ''~1.~;3801'9$:~ ,, , $'~ ~ ~ ~~'` .~'~ ~ .s 30,81~3~"~ ~ ; . $ ~1~2,-#11;011 NET RECOMMENDED CHANGE TO THE GENERAL FUND REVENUES IS $30,813. ANALYSIS OF GENERAL FUND EXPENDITURES Most departmental percentages spent without the encumbrances were at or below the 50% level anticipated for the three months ended March 31, 2007. EXPENDITURES: ~DO1~ Lll~; ~ ~ awlslJn- Department: P~-1ice ~ 2006'200}'7%}'~' *IZECOl~L~IENDEll 2006=2110T A~miristration Division : ~°~~.BUDCET-~. ,~ ~~~ ~~ CH~INGES ~~~ 13.UD`GET PERSONAL SERVICES $ 191,914 $ - $ ~ 191,914 OPERATING EXPENDITURES 38,893 15,894 54,787 CAPITAL OUTLAY 20,000 - 20,000 Total $ 21),807 $ 15,894 $ 266,701 Operating Expenditures -Increase of $15,894 represents a K-9 contribution from Arden Greer Trust Fund, and fund balance carried forward for K-9 designated expenditure account (Arden Greer contributions). 4 Deparhnent: Public ~'lrorks Storn~watcr Utiliti}r Division ADOPTED 2006-2007- BUDGET I2EC01~i1~'fENDED CHANGES ~ REVISEll 2006=2007 BUDGET PERSONALSERVICES $ 582,566 $ - $ 582,566 OPERATING EXPENDITURES 671,900 12,258 684,158 CAPITAL OUTLAY 161,980 - 161,980 Total $ 1,416,146 $ .12,258 $ 1,28,704 Operating Expenditures - An increase of $12,258 to reflect a transfer from General Fund contingency to fund the additional costs for stormwater mowing contract, which was approved by the City Council on January 11, 2007. Department: Public Works ~ Building `Iaintenancelli~ison :ADOPTED ~~ ~ 2Q06-2007 BCTI)(~E'I'` R.ECONIMENDED CIL<1NGCS REVISED 2006-2007- BUDGET PERSONAL SERVICES $ 98,510 $ - $ 98,510 OPERATING EXPENDITURES 70,896 13,269 84,165 CAPITAL OUTLAY - 1,650 1,650 Total $ 169,406 $ ~ ~ 14,919 $ 184,325 Operating Expenditures - A net increase of $13,269 to reflect the following adjustments: • $14,919 increase to reflect the fmal reimbursement received from FEMA for Hurricane Wilma. The amount is appropriated to Repair & Maintenance of Building. • $1,650 decrease to reflect a transfer of unspent training budget to fund the cost of a floor scrubber. Capital Outlay - An increase of $1,650 to reflect a transfer of unspent training budget to fund the cost of a floor scrubber. Department: Public ~~'orks Garage Division .1DOPTEll , 20116-2007 BUDGET ~ RECOI~ItiILNllED CfIANGES ~~ ~ REVISED 2006,-?007 BUDGET PERSONAL SERVICES $ 182,617 $ - $ 182,617 OPERATING EXPENDITURES 34,858 8,513 43,371 CAPITAL OUTLAY 11,800 (2,000) 9,800 Total ~+ 229,275 $ 6,513 $ ~ 23578$ Operating Expenditures - A net increase of $8,513 to reflect the following adjustments: • $6,513 increase represents a transfer from General Fund contingency for the additional ground contamination testing at the City Garage, which is required by the Florida Department of Environmental Protection Agency. • $2,000 increase represents a transfer of unspent capital outlay budget to fund the cost of "ALLDATA" on line technical support for the garage. . Capital Outlay - A decrease of $2,000 to reflect a transfer of unspent capital outlay budget to fund the cost of "ALLDATA" on line technical support for the garage. . 5 V~~ Depa`rtme-it Non-departmental ' .',~I ADOPTED' 2' .2006=2007`. ~ C ~~. f BUDGET `~' ~ ' .. ' .. R~,C{Q~Ii1'IENDEll~ ,.c, ',~ lk ~I...: ' u ~~`.~' CIIANGES" ~` ~ ItE SEll, ~'1 ~~006 ~OQ7, t v i ~ ?'.'BUDGET OPERATING EXPENDITURES $ 946,152 $ 4,000 $ 950,152 INTERFUND TRANSFERS 80,000 - 80,000 CONTINGENCY 101,283 (22,771) 78,512 Total $ ~ 1`,1:27;~3~ $ :~, ~ .~ ~ (13,771) ~, $~ ~~ 1,10~8~,664 Operating Expenditures - An increase of $4,000 results from a transfer of $4,000 from General Fund contingency to fund the obelisk and bench installed at Pelican Island Martha Wininger Reflection Park. This expenditure is being treated as a grant and aid to other organization. Contingency -Decrease of $22,771 reflects transfers from General fund contingency to fund the costs associated with the following: • $6,513 to fund the additional ground contamination testing at the City Garage, which is required by the Florida Department of Environmental Protection Agency. • $4,000 to fund the obelisk and bench installed at Pelican Island Martha Wininger Reflection Park. • $12,258 to fund the additional costs for stormwater mowing contract, which was approved .by the Ciry Council on January 11, 2007. Following is a summary of the General Fund Departments and Divisions explained above: ~~ 6 AMENDED RECOMMENDED REVISED GENERAL FUND DEPARTMENT/DIVISION BUDGET CHANGES BUDGET General Fund Operating Expenditures and Capital Outlay by Department/Division: Legislative City Manager City Clerk Legal Finance M.LS. Division Human Resources Police Department: Administrative Division Special Operations School Resource Unit Patrol Division Community Policing Unit Code Enforcement Professional Standards Detective Division Support Services Division Communications Division Engineering Public Works: Roads & Maintenance Stormwater Utility Parks & Recreation Building Maintenance Central Garage Cemetery Growth Management Non-departmental Total Operating Expenditures and Capital Outlay by Department/Division: $ 60,563 $ - $ 60,563 230,467 - 230,467 340,565 - 340,565 213,234 - 213,234 358,552 - 358,552 235,069 - 235,069 228,567 - 228,567 250,807 15,894 266,701 395,021 - 395,021 149,964 - 149,964 2,122,686 - 2,122,686 166,460 - 166,460 176,759 - 176,759 124,474 - 124,474 575,868 - 575,868 313,865 - 313,865 475,673 - 475,673 550,671 - 550,671 856,381 - 856,381 1,416,446 12,258 1,428,704 1,059,202 - 1,059,202 169,406 14,919 184,325 229,275 6,513 235,788 166,824 - 166,824 385,964 - 385,964 1,127,435 (18,771) 1,108,664 $ 12,380,198 $ 30,813 $ 12,411,011 NET RECOMMENDED CHANGE TO THE GENERAL FUND EXPENDITURES IS $30,813. ~+3 ANALYSIS OF G.R.E.A.T. PROGRAM FUND Revenues: ADOY'~'~ED ~ ~ REVISED Special~,`Revenue~l+uhd ~~ X2000 ~007~ , ry sF~ R~COMI~LF'NDED~ . ~s, 2006 2007 ~~ E` ~ T: P ' `G R e~m ~'-'~3UDGF~ ~ ~ , ~`~~ ~~~CHANGES~~ ` '"~` ~ ~~~BUDG~T : . rog , : ,f, , Other Re~~enuc $~ 10,000 $ 4,1 ~~ $ 14,155 'T'otal` ~ ~ .; , ~ ,~. ;~ ` ,70;000; ~ ~ $~' _ ~° ~~~' ~ =[;155~~ ~ ~'~ ~ ~ 1,155 Other Revenue -Increase of $4,155 to reflect contributions received from the G.R.E.A.T antique car show. The amount is appropriated to G.R.E.A.T. expenditure account. Expenditures: ;: ~ ~~~ADOt'T `~ ; ~~,,~ ; :~ ~ ~ ' ~ ~~. REVISI+ U ~~. Special~R~e~Teitue Fund ' ;`~~~ r n ~ a~ ~ a ~ 2006=20 ~ ~ r y . '. ~k~~RECONIlIIENDED:;~ ~7.`.~ 2006' 2007 ~' G:RE A T:>Prograni' S= , ~ BiJVGk~'1~ v~r r .~~."~C~H~ANG'ES ~~~ ~" r~ BE`JDGET. OPERATING EXPENDITURES $ 10,000 $ 4,155 $ 14,155 CAPITAL OUTLAY - - - INTERFUND TRANSFERS - - - Toh~l ,, $' . '_.10,000 $ ~•'.' 4;,155, `' $ 1,155 Operating Expenditures -Increase of $4,155 to reflect contributions received from the G.R.E.A.T antique car show. ANALYSIS OF AIRPORT FUND Revenues: ADOPTED'~~: ~ ~ R~VISE~ll ~?00~G-`~00,7~ . It~'CO~IIIENDED ?006-2007 Airport F'uud - ,•,A ~.,. . I3UDGCT, , ; ,_ C1II~NGF,S - BC7DGE'P Char e for Services $ 38,500 $ - $ 38,500 Rents & Ro alties 278,054 - 278,054 Other Miscellaneous Revenue 79,681 10,000 89,681 Non-O eratin Revenue - - - 1'gtal $ 3y6,235 $ 10,000 $ 406,235 Other Miscellaneous Revenue -Increase of $10,000 represents a private contribution received for airport internship program. 44 8 Expenses: ~1irp~rf: Administrati~~e ADO:PTEl) ~": X006=2007'` BUI~(UET liE(.QbI1~iENDED;`` CHANGES ~ 12EVISED ,. ,2006 ~Q107 ' ~, ~ r BUDGFT PERSONAL SERVICES $ 228,839 $ - $ 228,839 OPERATING EXPENSES 129,896 10,000 139,896 CAPITAL OUTLAY - - - INTRAFL)ND TRANSFERS - 37,500 37,500 CONTINGENCY 37,500 (37,500) - Total ~~ $396,235 $ 10,000 ~~$ ~06;235~ Operating Expenses -Increase of $10,000 represents a private contribution received for airport internship program. Intrafund Transfers - An increase of $37,500 represents a line item transfer from Airport Fund contingency account to fund the additional costs associated with the relocation of airport security building. Contingency -Decrease of $37,500 represents a line item transfer to intrafund transfers account to fund the additional costs associated with the relocation of airport security building. 9 r~5 4~ GTY OF QUARTERLY CAPITAL PROJECT STATUS REPORT FOR THE QUARTER ENDED MARCH 31, 2007 Prepared by Finance Department ~1 HOME OF PELICAN ISLAND O a N O~ QI ~U ~ ~ W F U W W O ~ a F ~ ~ ~a U O w ~+s WWW ~~ ~ e~1 ~ ~~~~~e~~~~ ~~ ~~ ~ ~~~~ ;;; '~III m oho a ; I ?I S O N S o ~o O O S S ~~i ~ ~ c°`n N C S S S S M rn M 7 H4 G:. 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O ~l O O A U N N~ b :O ~ aQ N N ~ ~$ A p VA 8 S ~ N~~ ~ b b ~ i N O O~ o~d83e 3fl e'8~383fl~ N o~ o$ to 5~ GTY OF QUARTERLY IMVESTMENT REPORT FOR THE QUARTER ENDED MARCH 31, 2007 Prepared by Finance Department ~~ HOME OF PELICAN ISLAND As of March 31, 2007, the total investment of the City was $25,034,479.34. The investment consists of the following: 5z Investment Type State Board of Administration (SBA) Certificate of Deposits (CDs) US Government Agency Bonds Guaranteed Investment Contract (Stormwater Revenue Bonds, Series 2003) Total Investments Amount $12,519,641.76 1,500,000.00 5,997,421.88 5,017,415.70 $25,034,479.34 The detail of each investment is presented on the following pages. This quarterly investment report and the City's investment policy are available on the City's official website www.cityofsebastian.or~. CITY OF SEBASTLAN SCHEDULE OF INVESTMENTS March 31, 2007 STATE BOARD OF ADMINISTRATION RETURN ON SBA INVESTMENT 5.39% CURRENT INVESTMENT ALLOCATION PERCENT BALANCE General Fund 27.43% 3,240,179.27 Local Option Gas Tax Fund 0.90% 106,550.22 Discretionary Sales Tax Fund 3.78% 445,959.69 Riverfront Redevelopment Fund 4.63% 546,368.40 Recreation Impact Fee Fund 7.25% 856,193.72 Stormwater Utility Fund 6.50% 768,049.73 Law Enforcement Forfeiture Fund 0.32% 37,375.43 Discretionary Sales Tax, Series 2003 and 2003A Debt Service Fund 1.52% 179,873.97 Stormwater Series 2003 Debt Service Fund 0.17% 20,302.81 Capital Projects Fund 1.45% 170,917.47 Capital Improvements Fund 7.00% 827,294.22 Transportation Fund 13.70% 1,618,288.73 Public Facility Fund 1.18% 139,619.86 Stormwater Projects Fund 3.25% 384,170.90 Golf Course Fund 8.63% 1,019,671.33 Airport Fund 3.25% 383,455.41 Building Department Fund 7.42% 876,319.80 Cemetery Trust Fund 1.63% 192,329.91 Sub-Total 100% 11;812,920.87 Discretionary Sales Tax Revenue Bonds, Series 2003A Bond Proceeds 100% 116,560.87 Stormwater Utility Bond Reserve 100% 590,160.02 TOTAL INVESTMENTS HELD WITH THE STATE BOARD OF ADMINISTRATION 12,519,641.76 2nd Quarter Schedule of Investments 4/26/2007 5 ASSET NAME 1 Federal Home Loan Bank Bonds -Callable 2 Federal Farm Credit Bank Bonds -Callable 3 Federal National Mortgage Association Notes 4 Federal Farm Credit Bank Bonds 5 Federal National Mortgage Association 6 Federal Home Loan Bank TOTAL INVESTMENT ALLOCATION 001 General Fund 120 Locai Option Gas Tax Fund 130 Discretionary Sales Tax Fund 140 Riverfront Redevelopment Fund 160 Recreation Impact Fee Fund 163 Stormwater Utility Fund 310 Capital Projects Fund 320 Capital Improvements Fund 330 Transportation Fund 363 Stormwater Projects Fund 410 Golf Course 450 Airport Fund 480 Building Department Fund 601 Cemetery Trust Fund TOTAL ~4 CITY OF SEBASTIAN SCHEDULE OF INVESTMENTS March 31, 2007 CUSTODIAL ACCOUNT COUPON/ YIELD 3.1000 3.000% 4.30036 5.000% 4.90% 4.50% TOTAL CUSTODIAL INVESTMENTS 2,690,533.66 78,090.63 483,165.10 157,909.72 429,549.04 419,743.58 21,676.73 452,916.33 355,021.87 25,075.46 419,247.37 464,492.39 $ 5,997,421.88 DATE OF PURCHASE MATURITY PURCHASE PRICE DATE 05/14/03 1,000,937.50 05/14/07 05/28/03 1,000,000.00 05/28/08 06/05/05 1,500,000.00 05/05/08 11/28/05 1,000,000.00 11/28/07 01/31/06 999,843.75 11/28/07 08/21/06 496,640.63 02/11/09 $ 5,997,421.88 CUSIP NUMBER 3133MYME4 31331QN45 31359MB93 31331 VHX7 31359MZK2 3133XAGQ4 2nd Quarter Schedule of Investments 4/26/2007 CITY OF SEBASTIAN SCHEDULE OF INVESTMENTS March 31, 2007 GUARANTEED INVESTMENT CON' ROYAL BANK OF CANADA PURCHASE INITIAL ISSUE DATE DEPOSIT Stormwater Utility Revenue Bonds, Series 2003 12/15/06 $ 4,946,840.77 TOTAL $ 4,946,840.77 TRACT BALANCE REMAINING RATE $ 5,017,415.70 4.800% $ 5,017,415.70 CERTIFICATES OF DEPOSIT DATE OF PURCHASE INSTITUTION PURCHASE PRICE Harbor Federal 12/15/06 $ 500,000.00 Harbor Federal 12/15/06 1,000,000.00 TOTAL $ 1,500,000.00 INVESTMENT ALLOCATION General Fund TOTAL 2nd Quarter Schedule of Investments 4/26/2007 CURRENT PERCENT BALANCE 100.00% $ 1,500,000.00 $ 1,500,000.00 MATURITY DATE 06/15/09 MATURITY YIELD DATE 5.35% 05/15/08 5.40% 12/15/08 5~ tYIY(fF rr~ ~~~1 # HOME OF PELdCAN I.Si~AND Memorandum To: Mayor and City Council Thru: Al Minner, City Manager From: Shai Francis, Director of Finance Date: May 2, 2007 Re: 2nd Quarter Accomplishments and Operating Statement Fiscal Year 2007 Enclosed please find the 2nd Quarter Accomplishments and Operating Statement. for the City of Sebastian as assembled and prepared by the Finance Department for the three months ended March 31, 2007. CLERK Legislative Support Matters • Prepared agenda packets and minutes for six Regular City Council meetings; three City Council workshops, two Special meetings, and two CRA meetings -attended meetings for a total of 32.75 plus Vero meeting hrs. • Four Ordinances Adopted • Nine Resolutions Adopted • Coordinated with recipients for preparation and presentation of four proclamations • Placed six Council agendas in the Press Joumal • Placed one legal notice in Press Journal • Placed one display ad in Press Joumal • Deputy City Clerk administered two code supplements with Municipal Code Corporation and distribution to staff • Recorded two vacations of easement • Recorded one final plat Records Management Program • Responded to 125 public records requests • 30 boxes of records that reached retention or were scanned & 15 bags of duplicate and OSA records destroyed by Shred-It - 13 trees saved • Scanned into Laserfiche 32 sets of minutes, 11 agenda packets, 18 Resolutions, 4 Ordinances, 11 Agreements and 33 Cemetery files - 30 other documents ~~ 1 • 271 Building Permit Folders with Plans scanned by the Building Dept. were imported, reviewed and verified by RPM • Records Program Manager and Clerk conducted a-mail and retention follow-up training session for City staff in January • Clerk and Records Program Manager prepared total revision to Records Program Policies and Procedures and had it adopted by Council by resolution in March Election Matters • Six candidates qualified for office in January • Wrote election articles for Pelican Brief in January and March • Published 2na election ad in January and two referendum ads in February • Assisted Supervisor of Elections with early voting for 15 days February-March • Assisted with two Candidate Forums in January and March • Chaired and coordinated Canvassing Board meetings 2/21/07 and 3/13/07 • March 13, 2007 election conducted for three seats and ten charter questions -swearing in 3/19/07 • Conducted orientations for two newly elected officials with City Attorney and City Manager City Board Matters • Charter Review Committee formally disbanded and received certificates of appreciation • Clerk and Deputy recorded two Board of Adjustment Meetings • Filled two board vacancies and removed two board members for non-attendance • Deputy City Clerk recorded five Environmental Advisory Committee meetings • Records Program Manager recorded four Tree Advisory Board meetings • Prepared 0 Champion Tree Certificates • Prepared four Certificates of Appreciation for Mayor presentation Cemetery Matters • 14 Certificates of Interment Rights for 221ocations issued for a total of $13,875.00 • Deputy City Clerk wrote article for Pelican Brief Community Matters • Participated in Step Up Florida in February • Deputy City Clerk swore in one police officer PersonneUEducational Matters • Records Program Manager named Employee of the Quarter • City Clerk and Records Manager attended IRCC Sunshine Law Seminar in Ft. Pierce in January • Deputy City Clerk attended FACC seminar in Palm Coast in January in furtherance of MMC certification • City Clerk and Deputy City Clerk hosted two FACC 2007 Hospitality Committee meetings -January and March • City Clerk and Records Manager attended IRC Records Seminar in Vero Beach in March • Records Program Manager attended FACC Records Seminar in Deltona in March FINANCE • Received Distinguished Budget Presentation Award from Government Finance Officers Association (GFOA) for City's FY 2006-07 budget document. • Successfully meet the financial goal to publish the FY 2005/2006 Comprehensive Annual Financial Report before February 28, 2007. • Submitted the FY 2005/2006 Comprehensive Annual Financial Report to Government Finance Officers Association (GFOA) for Certificate of Achievement for Excellence in Financial Reporting award. • Sponsored City's Chili Cook-off event with prizes (home Depot Gift Cards) generated from American Express corporate card reward program. z ~~ Audited the City's current Bell South telephone lines with the assistance from MIS Department, Public Works, and Police Department. This audit has generated approximately $1,500 per month in future Bell South telephone expense savings. Conducted aCity-wide purchasing card and MUNIS requisition refresher training course. Published the first Community Redevelopment Agency Annual Activity Report for Fiscal Year Ended September 30, 2006. The report is required by State Statute 163.356 (3) (C). MIS • Continued to maintain all communications and Equipment without any interruption in services. • Assisted the Finance Department with audit on the Bell South telephone lines. This audit has generated approximately $1,500 per month in future Bell South telephone expense savings. • Created a web page for Code Enforcement. http://www.cityofsebastian.org/GM_Code_Enf info.htm • Applied our own server patches for the new Daylight savings time change. Which saved the City $4500. • Setup a GIS server, which is currently being used by Growth Management. • Setup a City Council phone line, 772- 581-7857. The voice message is forwarded to the appropriate Council members email box for them to listen to and respond to the Citizens request. • Updated all Verizon Cards for the Police Department . • Updated Laserfiche Programming City-Wide • Replaced The Audio Recording Machine in Police Department Workload Measures: • .Work Order Requests Processed = 3375 • Workstation Preventive Maintenance Performed = 43 • Unplanned Server Outages = 0 • Unplanned Network Outages = 0 • Unplanned Telephone Outages = 0 • User Training Hours Performed = 82 • Working on a new Exchange 2000 web mail. • Keep all aspects of the City Network Up and Running. • Worked on Tightening Network Security. • Working on a training Barracuda Spam Firewall. • Tracked down intruders and stopped all attempts for access to the City of Sebastian Network. • City Wide Microsoft Licensing. • PD 911 Center. Human Resources • Reclassified Communication Technician positions to be more competitive with market. • Recruited, interviewed, hired and oriented for the following new positions: (2) Police Department Communication Technicians (Dispatchers), (2) City Council Members, (2) Golf Course Cart Attendants, (2) Gymnastic Assistants and (4) Crossing Guards. • Assisted with the hiring of the Code Enforcement Special Magistrate. • Continued the Employee Recognition Program through the employee of the quarter program. • Completed FDOT random drug testing for the 2nd quarter. • Coordinated with Indian River Community College with the implementation of a college level course at no cost the City of Sebastian employees, and which is currently in progress. • Sponsored a successful Employee Appreciation Day/Chili Cook-Off. • Sponsored the blood drive. 5~ 3 POLICE DEPARTMENT Administration • The E 911 Dispatch System project is progressing toward implementation and should be on line by July 15`x. • Provided for agency participation in traffic safety programs, "DLTI Enforcement Wolf Pack" and "Click it or Ticket". • Provided for the command staff to gain experience in budgeting, budget administration, special events planning, disciplinary matters and reviewing operations of other police agencies. • The first Citizens Police Academy was completed and was labeled as a great success by the 22 citizens who attended. • Comp.Stat And Staff Inspections are major projects that are still being formulated for implementation. • Reviewed department unusual occurrences and natural disaster plans. We are working out some problem areas and hope to submit them for approval prior to this hurricane season. • Developed Radio Spots for Crime Prevention. Road Patrol • Officers responded to 2,359 calls for service with 4,449 officers initiated activities. This totals 6,854. • 153 arrests were made. • Traffic enforcement was conducted throughout the city with 368 citations being issued and 1007 written warnings. We had 56 vehicle crashes reported. Officers have been actively addressing complaints of speeders throughout the city aggressively and continuously. • Officers completed 432 offense reports, 149 arrest reports and 45 supplement reports. • Officers handled 111 parking issues and wrote 25 citations and issued 78 notices of violation. • Road Patrol has continued to professionally serve the community by patrolling the city in order to deter crime and to maintain the community policing philosophy. • Officers and sergeants maintain their skills by attending mandatory and advanced training throughout the year. School Resource Officers Workload measures: • 0 DARE skates. • 1 DARE bowls. • There were 14 school reports written. • 38 student/parent conferences. • 32 mediations conducted. • 192 counseling's. • 44 school meetings attended. • 57 classroom programs were conducted. • 6 arrests made. • 5 RAD Kids safety classes Community Policing • Accomplishments this rating period were 7 community contact/meetings. • 61 citizen contacts were made. • 8 business contacts/meetings. • Officer Marcinik attended Background Investigators School, CVSA School and Car Seat class to become a certified technician. • 65 officer initiated community relation/public relation contacts. 4 ~~ • Completed 2 background checks for applicants and had 25 hrs in background investigations. • Several Public Safety TV and radio ads were completed and aired for traffic issues and safety. • Conducted and oversaw the Citizens Academy which ran from January 11, 2007 through March 29, 2007. Graduation was March 29, 2007 where a static display was set up and Council members were invited. Certificates were given to the attendees. We had 24 graduates. Training Unit • Processed numerous schools for the department. • Sponsored two training classes for dispatchers. • Sponsored a Car Seat class with the NHTSA (National Highway Traffic Safety Association) and certified seven officers as car seat technicians. • Planned training weeks for all sworn officers, which will begin 04-16-07. • Hired one new officer and placed into the Field Training Program. • Interviewed several candidates for officer positions. Alarm Assessments • Received $840.00 in fines. • Received $290.00 in alarm permits. Community Volunteer Unit • The Community Service Volunteers worked a total of 1952 hours during this quarter • 46 bank deposit details were made. • 6 citations for parking violations and 15 warnings were issued. • 6 traffic control details were assigned. • 58 house watches were completed. • 43 vehicle transports were made. • 299 business checks were made. • 23 Airport checks were made. • 217 special details were assigned. • Assisted on 17 traffic crash scenes. • Volunteers assisted with the GREAT car show held at the airport. • 38 miscellaneous assist for law enforcement personnel. • 1997 citizens' contacts. Records Division Workload measures: • Incident Reports processed, dispersed to proper agencies and entered into IMC ..................480 • Arrest Reports (Juveniles).......... .......................... .............................................. 12 • Arrest Reports (Adults) .............. ............................. ......................................... 165 • Accident Reports processed, dispersed and entered into IMC .........................................70 • Traffic Citations processed and entered into IMC ......................................................673 • Parking Citations processed, followed up and entered into IMC .....................................38 • Warning Citations processed, followed up and entered into IMC ................................1,212 • Subpoenas signed for processed and distributed .......................................................387 • Fingerprinting Service ................................................................:......................76 ~o We are continuing to provide our residents with local checks, incident and accident reports, fmgerprinting services and assistance with various other requests. Communications Division • Provided the Citizen of Sebastian with house watch requests and cancellation services, citation sign offs, information, phone numbers and other services by contacting other Agencies and/or Departments for them. • Dispatched all non-emergency and emergency phone calls, as well as requests for Law Enforcement and Volunteer services. Assisted the Officers, Detectives and Volunteers with placing phone calls to citizens, parents of juveniles, State Attorney, Court House, Tag Office, Drivers License Office, key holders and any other agency requests they may have, as well as sending teletype messages to DHSMV, FCIC/NCIC and other Law Enforcement Agencies regarding cases our agency is working. Provided service to non-residents by answering questions, giving phone numbers, referring them to the proper agency, etc. Workload measures: • 8,693 calls entered into C.A.D. • Training attended: (1) FDLE Regional Work Group Meeting, (2) Dispatch Critical Incident, (1) FCIC/NCIC Basic Certification, (1) FCIC/NCIC Recertification Special Operations Workload measures: • Citations - 474 • Warnings - 182 • Incident reports -15 • Arrests - 33 • K-9 Usage Reports - 35 • K-9 Activity Reports - 54 • K-9 Training hours - 200 combined hours. • K-9 Demonstrations - 7 • K-9 Apprehensions - 8 misdemeanor & 5 Felony Investigations • Detective's Snell and Taylor-McGrath attended the 80 hour Detective Academy. Sergeant Crrimmich attended a 32-hour Florida Intelligence meeting. • 89 cases were assigned, with 63 being cleared. • 4 felony arrests and 0 misdemeanor arrests were made. • 157 reports/supplements were completed. • 17 warrants were obtained. ENGINEERING General • Handled numerous meetings and review discussions related to design and permitting of the City's Storm water capital improvement program. • Assisted on a daily basis in resolution of numerous drainage and signage inquiries and complaints from residents. 6 ~~ • Worked closely with City Manager, City Attorney, and City Staff regarding various organizational, procedural, and substantive matters -particularly having to do with storm water, traffic, street/roads, and capital projects. • Assisted internal staff on a daily basis in the clarification and resolution of numerous contractor drainage permit matters. • Reviewed and coordinated numerous permitting and site plan review items with Building Department and Growth Management. • Reviewed for approval numerous FEMA /FIRM flood map revisions (in conjunction with Growth Management). • Continued performing troubleshooting and planning for interrelated drainage, paving, and sidewalk matters. • Continued development and improvement of Sign Shop operations and procedures including design, procurement, and installation of various traffic signage items. • Reviewed and assisted in implementation of paving program. • Reviewed capital improvement projects. • Put together bid packages for several capital improvement projects and handled bid process. • Worked with City staff and outside agencies and consultants regarding grants and grant opportunities for several capital improvement projects. • Attended MPO meetings and set up meetings for enhanced collaboration between City and MPO. • Worked with new City Airport Director on various items related to improvements at the Airport. • Continued development and organization of Engineering Assistant /Intern program • Made plans for an enhanced employee training program in the Engineering Department. • .Continued development of public education program regarding storm water and streets /roads /traffic matters. • Continued development work, including various key contacts and meetings, regarding programs for higher education offerings in Sebastian area. • Continued study of renewable energy applications to benefit City operations, particularly regarding reduction of FPL electricity charges at the Golf Course. • Handled numerous meetings and review discussions related to design and permitting of the City's Storm water Utility capital improvement program. • Handled numerous personnel matters having to do with Engineering staff, including Sign Shop. Field Investigations • Responded to 12 drainage complaints. • 18 new pool construction inspections. • 271 new home construction inspections. • 23 new home drainage permits. • Set elevation for 6 side yard pipes. • Set elevation and grade for 12 road crossing pipes • Coordinated with Mosby Moia Bowles & Associates, Inc., on Sebastian River Landings • Coordinated with Schulke, Bittle & Stoddard LLC, on the Gables Miscell~ neous • Called in 621ocates or updates on locates, for work in right of way or easements. • Worked with FPL on the installation of new streetlights. • Coordinated with S7RWMD, on the new storm water park. • Coordinated with CDM on storm water park. (~ Z 7 Traffic Division Workload measures: • Stop signs- 138 • Street signs- 35 • Do not enter 2 • Crosswalks 1 • Decals 10 • Speed signs 29 • Handicap-8 • No parking- 18 • Specialty-27 • Route assembly- 0 • Warning signs- 6 • Temp signs- 80 • No trucks 6 • Guide signs 14 • Street names-22 • Ped Xing-6 • School Zone 0 • No trespassing 0 • Object Markers 24 • Stop signs- 40 • Speedlimit-24 • Brite-side Strips-12 • Fabricated 160 • Pavement Marking 27 • Arrows 12 • Raised Pavement Marker 4 PUBLIC WORKS DEPARTMENT Roads and Maintenance • Asphalt at Friendship Park • Parking stops at Friendship Park • Set up for Pete Harris run • Set up for Pete Harris concert • Fix parking stops at Riverview Park • Fix sidewalks on Indian River Dr. • Put in new floor drains at Yacht Club outside restrooms • Asphalt potholes • Bob M. working with Storm water • Clean off Easy St. sidewalks • Cut back trees from stops signs for PD and Sign Shop • Clean up tree debris at Mark St. for Code Enforcement • Cut back trees from street at Clearbrook and Benedictine • Remove dead tree at Good Guys • Trim palm trees at PD. • Pick up trash at Lance and Gilbert St. for code Enforcement • Fix light poles on Indian River Dr. 8 (~3 • Haul dirt for sidewalks • Clean up trees on Barber St. after storm • Clean up trees at 643 Benedictine • Paint over graffiti on all bridges • Water grass on sidewalks at Periwinkle and for Storm Water • Fix washout on Indian River Dr. and Engler Dr. • Install dirt on the side of new paved roads • Paved road crossings 2 on Benedictine, lat Damask, 1 at Clearbrook, 1 at Tarpon, 1 at Park, 1 at Miller and 1 Driveway at Clearmont Street Church • Set up for Pelican Island Festival and break it down • Removed dead trees from Davis St. • Removed debris from side of road at Joy haven, Thornhill and Day Dr. • Set up for Car Show for PD. • Board up Boudrot house and clean up around it and tap it off • Removed dead turtles from Easy St. Lake • Removed dead animals from city • Work at Yacht Club On going Storm Water Division • 1/a round swale work -Approximately 75 % of Phase 1 completed that consists of 5 phases of a major project. • Front swale work with the armadillo approximately 14 blocks completed. • 3 major Storm water projects needing major repair - 2 are 100% completed, 1 is 75% completed. • Approximately 10 road-crossing repairs were completed. • 1-major project consisting of twin crossings and a side yard pipe replacement was completed. • Approximately 50 roads crossings have been cleaned with the Vac-Truck and 200 driveway pipes cleared and cleaned. • Approximately 251oads of debris hauled to dump from the fill pile. Parks and Recreation Division • Over seeded all fields at Barber Street Sports Complex • Added Clay to infields of baseball fields • Fertilized all fields at Barber Street Sports Complex • Purchased new scoreboards for Barber Street Sports Complex • Assisted with Little League Opening Day • Added new surface material to clay tennis courts • Continued improvements to Bryant Court, East Street and Blossom Parks • Major repairs to irrigation system at old City Hall • Added mulch and plants to medians on Schumann Dr and U.S. #1 • Continued programs at Community Center • Assisted with Concerts in the Park and Pelican Island Wildlife Festival • Added dance classes at the Community Center. Cemetery Division The Cemetery crew did routine mowing, weed eating and edging. Worked with the corrections crew, worked on irrigation. Sprayed 3 ways on hedges, planters, survey pins. Set Civil War marker. Fixed trash can at flag. Fixed the cooler stand on the truck. ~y 9 Building Maintenance • Replaced leaking 2" water line from meter to restrooms at Friendship Park. • Installed wall hung trash receptacles at following public restrooms- Riverview Park, splash pad, yacht club, Hardee Park, Creative Playground, Barbet St. Football Field, Schumann Tennis Courts. • Purchased and installed electric hand dryers at the following locations: Barber Street ball fields, Yacht club, Creative Playground, and football field (5 times) • Installed door closer at Schumann Tennis Courts • Priced and purchased 20 x 30 storage shed for building maintenance to replace existing deteriorating shed. Installed shelving and electric in shed. On going moving of supplies and organizing • Installed new lighting fixtures at Football field 2nd floor. • Installed new timer Friendship Park to control Restroom lights • Performed annual Fire Alarm Testing at City Hall, Police Department, and Airport. • Put out RFP's on cleaning contract went through bids, checked references and facilities cleaned by GCC Commercial, contract pending Council Approval. • Researched and negotiated A.C. Maintenance Contract with Trane Service for City Hall and Police Department • Performed routine maintenance as needed • Completed work orders as received. Central Garage Division • Continue to work with other operating departments to identify their vehicle and equipment needs in the event of an emergency. • Continue employee education, training and certification programs. • Continue maintaining our fuel facility in accordance with E.P.A. standards and assuring that fuel is always available to our fleet. • Continue shop equipment modernization in order to increase the level and quality of our service. We recently acquired a new Brake & Drum Lathe machine, which cuts down on time and money spent sending rotors and drums to an outside repair facility for work. • Maintaining a relatively low backlog on vehicle and equipment repairs except for those cases that need to be outsourced and which rely on the availability of funds for each department. • Continue monitoring our inventory, with monthly comparisons of the parts room inventory and our inventory database. This insures the best accuracy for future audits. GROWTH MANAGEMENT • Applied for two grants totally approximately $1M to offset costs related to the Main St. Boat Ramp. • The Director made several presentations to City Council including an overview on the Growth Management department, the color palette requirements of the overlay districts and code enforcement. • The Environmental Specialist has taken over tree inspections and land clearing permits for new development from the Building Dept. Workload measures: Site Plan Reviews (major, minor and administrative): ^ Site plan hearings/approvals - 2 ^ Site plan inspections - 0 ^ Appeals - 1 Subdivision and PUD Reviews: ^ Division of a single lot - 0 ^ Preliminary plats -1 ^ Construction plans - 0 10 ~h ^ Final plats -1 Annexations: l Comprehensive Land Use and Zoning Changes: FEMA: ^ Flood zone determinations - 15 ^ LOMR (Letter of Map Revision) Applications - 9 Occupational Licenses: ^ New Businesses - 55 ^ Renewals - 27 ^ Transfers - 13 ^ Duplicates - 2 ^ Home-based Businesses - 39 ^ Commercial Businesses - 28 ^ Solicitor permits -16 Code Amendments: ^ Land Development -1 ^ Comprehensive Plan - 0 Zoning Applic ations: ^ Variances - 2 ^ Conditional use permits - 0 ^ Overlay District waivers - 0 ^ Special events/Temporary use permits - 10 ^ Accessory Structures (over 500 sq. ft.) - 1 ^ Model home permits (new & renewals) - 0 ^ Sign permits - 7 permanent, 15 temporary ^ Release of Unity of Titles - 2 ^ Abandonment of Easements - 2 ^ ROW Dedications - 1 (Truman Street) Inspections ^ Final Planning and Zoning (inc. tree insp.)- 76 ^ Land clearing permits - 27 Code Enforcement Workload measures: • 489 written warnings issued. • 204 cases closed. • 366 re-inspections. • 462 citizens assist. • 4 liens filed. • 75 notice of violations issued. • 102 twenty-four hour tags issued. • 144 signs removed. • 39 tree inspections. MUNICIPAL GOLF COURSE • Total revenue for 2nd Quarter: $622,306, an increase of $11,600 over Fisca105-06 2nd Quarter. A) Total Golf Shop Sales for 2nd Quarter: $22,375, an increase of $1,745 over Fiscal OS-06 2nd Quarter. B) Driving Range Revenue for 2nd Quarter: $19,626, an increase of $3,609 over Fisca105-06 2nd Quarter. ~~ 11 C) Discount Card sales for 2nd Quarter: $11,808. D) Cart Fees for 2nd Quarter: $283,571. E) Golf rounds played for 2nd Quarter: 19,190. F) Green Fees for 2nd Quarter: $270,623, an increase of $12,600 over Fisca105-06 2nd Quarter. G) Club Rental & Club Storage revenue for 2nd Quarter: $859, an increase of $274 over Fisca105-06 2nd Quarter. H) Computerized Golf Handicap Tracking Fees for 2nd Quarter: $1,152. n Rents & Royalties for 2nd Quarter: $7,786, an increase of $409 over Fisca105-06 2nd Quarter. J) Professional golf lessons for 2nd Quarter: $1,810. K) Annual Membership/Initiation fees for 2nd Quarter: $970. • Charity and Corporate Golf Tournaments for the 2nd Quarter included Sebastian River High School Baseball Boosters (128 players), Sebastian Eagles Aerie $4067 (80 players), The Junior Players Tour (82 players), Vista Del Mar Homeowners (52 players) and Vista Gardens Homeowners Association (128 players). • Charity and Corporate Golf Tournaments scheduled for 3rd Quarter (06-07) include First Presbyterian / Habitat for Humanity, American Cancer Society, Harris Corporation, Sebastian Chamber of Commerce, Brevard Rugby, Liberty Magnet Elementary, Easter Seals of Brevard County, The New Piper Aircraft Company and The Sebastian Moose Lodge. • Received approval from City Council for new fleet of 86 - 2007 model Club Car golf carts. • All weekly leagues (Monday League, Sebastian Men's & Women's Associations, Couples League, Business League and weekend Leagues) continue to offer a steady source of golf rounds and revenue. • 2007 Sebastian Municipal Two-Person Team Championship scheduled for May 26d` & 27`x. All Junior Golf information regarding summer junior golf academies and instruction will be available May ls`, 2007. BUILDING DEPARTMENT • The Building Department permitting activity has remained slow during the Second Quarter. In the month of January there were 6 new single-family residential permits, in February, there were 11 new single- family residential permits and 5 new single-family residential permits for the month of March. The housing industry has still not recovered from the slow down of new single-family construction that began in this City around July of 2006. • Total building permits issued for the Second Quarter include 198 for the month of January, 204 for the month of February and 214 for the month of March. This shows a slight upward trend from the total permits that were recorded in the First Quarter. • The total inspections for the Second Quarter included 918 for the month of January, 941 for the month of February and 952 for the month of March. The number of inspections generally remains at the same level as the First Quarter. • The Building Department has continued to make every effort to use the slow down in permitting activity to its full advantage by logging the inspection results for past permits that were once recorded on a file cards into the current computer data base. Although this is a monumental task, we are making head way towards its completion. This will enable all of our past records to be easily viewed and retrieved when needed, which benefits the department as well as the community as a whole. The building department continues to scan completed permits and contractor licensing information into the laser fiche program for permanent record keeping. • Contractor licensing activity remains at a steadypace similar to the First Quarter. The building department was recently awarded a unanimously favorable decision by the Construction Board during an appeal process, in which an administrative decision by the Building Official to revoke an electrical permit was upheld. 12 ~~ CITY OF SEBASTIAN, FLORIDA STATEMENT OF OPERATING -ACTUAL TO BUDGET MARCH 31, 2007 GENERAL FUND REVENUES Quarter Year Current Revised % Description To Date To Date Encumbrance Budeet Collected TAXES 1,294,175 5,130,948 N/A 7,681,502 66.8% LICENSES & PERMITS 23,923 131,000 N/A 231,200 56.7% INTERGVT`L REVENUES 582,035 920,409 N/A 2,380,000 38.7% CHARGES FOR SERVICES 79,840 185,436 N/A 441,342 42.0% FINES AND FORFEITS 15,354 28,000 N/A 55,900 50.1% MISC. REVENUES 115,275 246,876 N/A 397,562 62.1% OTHER REVENUE SOURCES 105,337 217,719 N/A 1,192,692 18.3% TOTAL REVENUES _ 2,215,939 6,860,388 N/A 12,380,198 55.41% GENERAL FUND EXPENDITURES CITY COUNCIL Quarter Year Current Revised % Description To Date To Date Encumbrance Budeet Spent PERSONAL SERVICES 4,480 10,185 0 21,398 47.6% OPERATINGEXPENDTTURES 4,535 15,182 0 39,165 38.8% CAPITAL OUTLAY 0 0 0 0 0.0% TOTAL LEGISLATIVE EXPENDITURES 9,015 25,367 0 60,563 41.88% CITY MANAGER Quarter Year Current Revised % Description To Date To Date Encumbrance Budeet Spent PERSONAL SERVICES 50,943 102,180 0 218,517 46.8°Io OPERATINGEXPENDTTURES 1,153 2,442 0 11,950 20.4% CAPITAL OUTLAY 0 0 0 0 0.0% TOTAL CITY MANAGER EXPENDITURES 52,096 104,622 0 230,467 45.40% CITY CLERK Quarter Year Current Revised % Description To Date To Date Encumbrance Budeet Spent PERSONAL SERVICES 58,386 115,014 0 263,241 43.7% OPERATING EXPENDITURES 47,580 65,488 0 77,324 84.7% CAPITAL OUTLAY 0 0 0 0.0% TOTAL CITY CLERK EXPENDITURES 105,966 180,502 0 340,565 53.00% LEGAL Description PERSONAL SERVICES OPERATING EXPENDITURES CAPITAL OUTLAY TOTAL LEGAL EXPENDITURES ~~ 2nd Quarter Operating Statement Quarter Year Current Revised % To Date To Date Encumbrance Budeet Spent 44,358 87,605 0 194,545 45.0% 3,064 3,443 0 18,689 18.4% 0 0 0 0 0.0% 47,422 91,048 0 213,234 42.70% 1 CITY OF SEBASTIAN, FLORIDA STATEMENT OF OPERATING -ACTUAL TO BUDGET MARCH 31, 2007 FINANCE Quarter Year Current Revised % Description To Date To Date Encumbrance Budget Spent PERSONAL SERVICES 59,765 120,848 0 287,403 42.0% OPERATINGEXPENDITURES 29,441 65,589 0 71,149 92.2% CAPITAL OUTLAY 0 0 0 0 0.0% TOTAL FINANCE EXPENDITURES 89,205 186,436 0 358,552 52.00% MANAGEMENT INFORMATION SYSTEM Quarter Year Current Revised % Description To Date To Date Encumbrance Budeet Spent PERSONAL SERVICES 45,305 83,714 0 189,512 44.2% OPERATINGEXPENDITURES 2,139 3,670 0 25,557 14.4% CAPITAL OUTLAY 1,891 7,631 0 20,000 38.2% TOTAL MIS EXPENDITURES _ _ 49,335 95,015 0 235,069 40.42% HUMAN RESOURCES Quarter Year Current Revised % Description To Date To Date Encumbrance Budeet Spent PERSONAL SERVICES 45,299 91,112 0 201,725 45.2% OPERATINGEXPENDITURES 6,525 13,619 0 26,842 50.7% CAPITAL OUTLAY 894 894 1,156 0 0.0% TOTAL HR EXPENDITURES 52,717 105,624 1,156 228,567 46.72% POLICE SPECIAL OPERATIONS Quarter Year Current Revised % Description To Date To Date Encumbrance Budeet Spent PERSONAL SERVICES 69,171 139,430 0 310,100 45.0% OPERATINGEXPENDITURES 10,114 20,755 130 43,705 47.8% CAPITAL OUTLAY 34,054 34,054 5,000 41,216 94.8% TOTAL POLICE SPEC OP EXPENDITURES 113,339 194,239 5,130 395,021 50.47% POLICE ADMINISTRATION Quarter Year Current Revised % Description To Date To Date Encumbrance Budeet Spent PERSONAL SERVICES 68,283 114,177 0 191,914 59.5% OPERATING EXPENDITURES 14,056 25,118 926 38,893 67.0°Jo CAPITAL OUTLAY (20) 0 0 20,000 0.0% TOTAL POLICE ADMIN EXPENDITURES _ 82,319 139,295 926 250,807 55.91% POLICE SCHOOL RESOURCE OFFICER Quarter Year Current Revised % Description To Date To Date Encumbrance Budeet Spent PERSONAL SERVICES 30,083 60,660 0 134,913 45.0% OPERATING EXPENDITURES 1,651 3,736 52 12,051 31.4% CAPITAL OUTLAY 0 0 0 3,000 0.0% TOTAL POLICE SRO EXPENDITURES 31,733 64,395 52 149,964 42.98% 2nd Quarter Operating Statement 2 CITY OF SEBASTIAN, FLORIDA STATEMENT OF OPERATING -ACTUAL TO BUDGET MARCH 31, 2007 POLICE ROAD PATROL Description PERSONAL SERVICES OPERATING EXPENDITURES CAPITAL OUTLAY TOTAL POLICE RP EXPENDITURES Description PERSONAL SERVICES OPERATING EXPENDITURES CAPITAL OUTLAY TOTAL POLICE CP EXPENDITURES Description PERSONAL SERVICES OPERATING EXPENDITURES CAPITAL OUTLAY TOTAL POLICE PS EXPENDITURES Quarter Year Current Revised % To Date To Date Encumbrance Bud et Spent 447,220 839,895 0 1,738,905 48.3% 49,276 104,577 912 166,801 63.2% 0 0 152,807 216,980 70.4°,b 496,496 944,472 153,719 2,122,686 51.74% POLICE COMMUNITY POLICING UNIT Quarter Year Current Revised % To Date To Date Encumbrance Budeet Spent 38,915 77,242 0 147,033 52.5% 6,901 9,904 26 19,427 51.1% 0 ~ 0 0 0 0.0% 45,816 87,146 26 166,460 52.37% POLICE PROFESSIONAL STANDARDS Quarter Year Current Revised % To Date To Date Encumbrance Budeet Spent 25,554 53,652 0 113,649 47.2% 1,144 2,922 26 10,825 27.2% 0 0 0 0 0.0% 26,698 56,574 26 124,474 45.47% POLICE INVESTIGATIONS Description Quarter Year Current Revised % To Date To Date Encumbrance Budeet Spent PERSONAL SERVICES 119,202 236,594 0 459,102 51.5% OPERATINGEXPENDTTURES 21,183 42,753 130 89,966 47.7% CAPITAL OUTLAY 20,786 20,786 0 26,800 77.6% TOTAL POLICE INVEST EXPENDITURES 161,171 300,133 130 575,868 52.14% POLICE SUPPORT SERVICES DIVISION Quarter Year Current Revised % Description To Date To Date Encumbrance Budeet Spent PERSONAL SERVICES 59,262 123,746 0 289,790 42.7% OPERATING EXPENDITURES 4,262 8,355 26 24,075 34.8% CAPITAL OUTLAY 0 0 0 0 0.0% TOTAL POLICE SS EXPENDITURES 63,524 132,101 26 313,865 42.10% ~n 2nd Quarter Operating Statement 3 CITY OF SEBASTIAN, FLORH)A STATEMENT OF OPERATING - ACTUAL TO BUDGET MARCH 31, 2007 Description PERSONAL SERVICES OPERATING EXPENDITURES CAPITAL OUTLAY TOTAL POLICE COMM EXPENDITURES Description PERSONAL SERVICES OPERATING EXPENDITURES CAPITAL OUTLAY TOTAL ENGINEERING EXPENDITURES Description PERSONAL SERVICES OPERATING EXPENDITURES CAPITAL OUTLAY TOTAL ROADS & DRAINAGE EXPENDITURES POLICE COMMUNICATIONS Quarter Year Current Revised % To Date To Date Encumbrance Budget SPCnt 82,008 156,657 0 420,195 37.3% 5,227 13,219 0 34,570 38.2% 17,908 17,908 0 20,908 85 7°k 105,143 187,784 0 475,673 39.48% ENGINEERING Quarter Year Current Revised % To Date To Date Encumbrance Budeet Sent 116,304 235,055 0 498,074 47.2% 8,333 16,918 0 52,597 32.2°!0 0 0 0 0 0.0% 124,636 251,972 0 550,671 45.76% ROADS & DRAINAGE Quarter Year Current Revised % To Date To Date Encumbrance Budget Scent 114,389 239,811 0 676,942 35.4% 38,796 61,313 2,764 118,589 54.0% 11,625 12,475 3,537 49,720 32.2% 164,810 313.599 6_'~M Qac psi v~ Qcw_ Description PERSONAL SERVICES OPERATING EXPENDITURES CAPITAL OUTLAY TOTAL SW EXPENDITURES Description PERSONAL SERVICES OPERATING EXPENDITURES CAPITAL OUTLAY TOTAL CENTRAL GARAGE EXPENDITURES Description PERSONAL SERVICES OPERATING EXPENDITURES CAPITAL OUTLAY TOTAL BUII.DING MAINT EXPENDITURES STORMWATER UTILITY DIVISION Quarter Year Current Revised % To Date To Date Encumbrance Budget Scent 124,300 249,171 0 582,566 42.8% 230,343 301,855 302,122 671,900 89.9% (0) 11,980 0 173,110 6.9% 354,642 563,005 302,122 1,427,576 6060% CENTRAL GARAGE Quarter Year Current Revised % To Date To Date Encumbrance Bud et Scent 41,992 86,814 0 182,617 47.5% 5,896 18,206 10,146 36,858 76.9% 6,798 6,798 0 9,800 69.4% 54,686 111,818 10.146 229.275 s~ ~n~„ BUILDING MAINTENANCE Quarter Year To Date To Date 22,552 48,489 35,915 52,833 1,650 1,650 60,117 102.972 Current Revised % Encumbrance Budeet Spent 0 98,510 49.2% 3,196 69,246 80.9% 0 1,650 100.0% 3 62.67% 2nd Quarter Operating Statement 4 CITY OF SEBASTIAN, FLORIDA STATEMENT OF OPERATING -ACTUAL TO BUDGET MARCH 31, 2007 PARKS & RECREATION Quarter Year Current Revised % Description To Date To Date Encumbrance Budeet Spent PERSONAL SERVICES 169,269 346,494 0 773,383 44.8% OPERATING EXPENDITURES 71,286 135,153 3,497 222,819 62.2% CAPITAL OUTLAY 23,291 23,291 14,905 63,000 60.6% TOTAL PARKS & REC EXPENDITURES 263,846 504,938 18,402 1,059,202 49 41% CEMETERY ' Quarter Year Current Revised % Description To Date To Date Encumbrance Budeet .SDCnt PERSONAL SERVICES 26,611 55,457 0 112,107 49.5% OPERATING EXPENDITURES 5,179 9,343 217 19,717 48.59b CAPITAL OUTLAY 0 0 0 35,000 0.0% TOTAL CEMETERY EXPENDITURES 31,790 64,800 217 166,824 38.97% GROWTH MANAGEMENT Quarter Year Current Revised % Description To Date To Date Encumbrance Budeet 3pCIIt PERSONAL SERVICES 73,711 138,910 0 320,576 43.3% OPERATING EXPENDITURES 9,653 13,359 0 31,680 42.2% CAPTTAL OUTLAY 9,893 32,810 870 33,708 99.9% TOTAL GROWTH MGMT EXPENDITURES 93,257 185,079 870 385,964 48.18% CODE ENFORCEMENT Quarter Year Current Revised % Description To Date To Date Encumbrance Budeet Spent PERSONAL SERVICES 35,032 72,146 0 156,186 46.2% OPERATINGEXPENDTTURES 6,158 8,959 0 17,573 51.0°Io CAPITAL OUTLAY 0 0 0 3,000 0.0% TOTAL POLICE CE EXPENDITURES 41,190 81,105 0 176,759 45 88% NON-DEPARTMENTAL Quarter Year Current Revised % Description To Date To Date Encumbrance Budeet Spent PERSONAL SERVICES 4,589 4,589 0 10,000 45.9% OPERATINGEXPENDITIJRES 309,591 688,514 18,365 936,152 75.5% GRANTS & AIDS 4,000 4,000 0 0 0.0% TRANSFER OUT 0 0 0 80,000 0.0% CONTINGENCY 0 0 0 101,283 0.0% TOTAL NON-DEPART EXPENDITURES 318,180 697,103 18,365 1,127,435 63.46% TOTAL GENERAL FUND REVENUE 2,215,939 6,860,388 N/A 12,380,198 55.4% TOTAL GENERAL FUND EXPENDITURES 3,039,151 5,771,146 520,811 12,380,198 46.6% NET REVENUES (823,211) 1,089,243 ~Z 2nd Quarter Operating Statement 5 CITY OF SEBASTIAN, FLORIDA STATEMENT OF OPERATING -ACTUAL TO BUDGET MARCH 31, 2007 LOCAL OPTION GAS TAX LOCAL OPTION GAS TAX FUND REVENUES Quarter Year Current Revised % Description To Date To Date Encumbrance Budeet Collected TAXES 168,307 291,585 N/A 720,000 40.5% MISC. REVENUES 21,418 39,663 N/A 45,000 88.1% TRANSFER OUT 0 0 N/A 0 0.0% INTERGOVT'L REVENUE 0 0 N/A 0 0.0% TOTAL LOGT REVENUES 189,725 331,248 N/A 765,000 43.30% LOCAL OPTION GAS TAX FUND EXPENDITURES Quarter Year Current Revised % Description To Date To Date Encumbrance Budeet Spent OPERATING EXPENDITURES 46,882 95,358 0 202,429 47.1% DEBT SERVICE 150,000 150,000 0 300,000 50.0% TRANSFER OUT 65,643 131,286 0 262,571 50.0% UNAPPROPRIATED 0 0 0 0 0.0% TOTAL LOGT EXPENDITURES 262,525 376,644 0 765,000 49.23% DISCRETIONARY SALES TAX DISCRETIONARY SALES TAX FUND REVENUES Quarter Year Current Revised % Description To Date To Date Encumbrance Budeet Collected TAXES 728,725 1,091,547 N/A 3,127,000 34.9% MISC. REVENUES 32,705 50,710 N/A 113,300 44.8% TRANSFER IN 0 0 N/A TOTAL DST REVENUES 761,430 1,142,257 N/A 3,240,300 35.25% DISCRETIONARY SALES TAX FUND EXPENDITURES Quarter Year Current Revised % Description To Date To Date Encumbrance Budeet SDCnt TRANSFER OUT 1,516,780 2,000,353 0 3,240,300 61.7% UNAPPROPRIATED 0 0 0 0 0.0°~ TOTAL DST EXPENDITURES 1,516,780 2,000,353 0 3,240,300 61.73% RECREATION IMPACT FEE FUND RECREATION IMPACT FEE REVENUES Quarter Year Current Revised % Description To Date To Date Encumbrance Budeet Collected MISC. REVENUES 33,413 64,118 N/A 405,000 15.8% RECREATION IMPACT FEE 0 0 N/A 0 0.0% TRANSFER IN 0 0 N/A 0 0.0% TOTAL RIF REVENUES 33,413 64,118 N/A 405,000 15.83% ~~ 2nd Quarter Operating Statement 6 CITY OF SEBASTIAN, FLORIDA STATEMENT OF OPERATING -ACTUAL TO BUDGET MARCH 31, 2007 RECREATION I11~PACT FEE EXPENDITURES Quarter Year Current Revised % Description To Date To Date Encumbrance Budeet SDQIIt TRANSFER OUT 17,500 35,000 0 405,000 8.6% UNAPPROPRIATED 0 0 0 0 0 0% TOTAL RIF EXPENDITURES 17,500 35,000 0 405,000 864% STORMWATER UTILITY FUND STORMWATER UTILITY REVENUES Quarter Year Current Revised % Description To Date To Date Encumbrance Budeet Collected MISC. REVENUES 125,635 739,682 N/A 906,200 81.6% STORMWATER UTILITY FEE 0 0 N/A 392,476 0.0% TRANSFER IN 0 0 N/A 0 0.0% TOTAL SW UTILITY REVENUES ~ 125,635 739,682 0 1,298,676 57.0% STORMWATER UTILITY EXPENDITURES Quarter Year Current Revised % Description To Date To Date Encumbrance Budget SDCnt OPERATING EXPENDITURES 0 0 0 3,500 0.0% TRANSFER OUT 214,476 527,588 0 1,295,176 407010 TOTAL SW UTIL.TI'Y EXPENDITURES 214.476 527_SRR n t X04 ~u nn cam LAW ENFORCEMENT FOREITURE FUND LAW ENFORCEMENT FORFEITURE REVENUES Quarter Year Current Revised % Description To Date To Date Encumbrance Budeet Collected FINES AND FOREITURES 1,250 5,250 N/A 8,000. 65.6% MISC. REVENUES 574 1,407 N/A 3,500 40 2% TOTAL LEFF REVENUES 1,824 6,657 N/A 11,500 57 89% LAW ENFORCEMENT FORFEITURE EXPENDITURES Quarter Year Current Revised % Description To Date To Date Encumbrance Budeet Snent OPERATING EXPENDITURES 5,990 5,990 6,035 11,500 104.6% TOTAL LEFF EXPENDITURES 5,990 5,990 6,035 11,500 104.57% GANG RESISTANCE EDUCATION AND TRAINING PROGRAM G.R.E.A.T. PROGRAM REVENUES Quarter Year Current Revised % ~~ Description To Date To Date Encumbrance Budeet Collected INTERGVT'L REVENUES 0 0 N/A 10,000 0.0% MISC. REVENUES 4,231 4,234 N/A 0 0.0% TOTAL G.R.E.A.T. REVENUES 4,231 4,234 N/A 10,000 0.00% 2nd Quarter Operating Statement 7 CITY OF SEBASTIAN, FLORIDA STATEMENT OF OPERATING -ACTUAL TO BUDGET MARCH 31, 2007 G.R.E.A.T. PROGRAM EXPENDITURES Quarter Year Current Revised % Description To Date To Date Encumbrance Budeet Sent OPERATINGEXPENDITURES 838 838 0 10,000 8.4% TOTAL G.R.E.A.T. EXPENDITURES 838 838 0 10,000 8.38% DISCRETIONARY SALES TAX DEBT SERVICE FUND DISCRETIONARY SALES TA_ X DEBT SERVICE FUND REVENUES Quarter Year Revised % Description To Date To Date Encumbrance Budeet Collected MISC. REVENUES 1,041. 1,413 N/A 1,975 71.5% INTERFUND TRANSFER FROM DST 1,033,206 1,033,206 N/A 1,033,207 100.0% TOTAL DST DEBT SERVICE REVENUES 1,034,619 1,034,619 N/A 1,035,182 99.95% DISCRETIONARY SALES TAX DEBT SERVICE EXPENDITURES Quarter Year Current Revised % Description To Date To Date Encumbrance Budeet SDCIIt OPERATING EXPENDITURES 0 0 0 300 0.0% DEBT SERVICE 856,978 1,033,581 0 1,033,207 100.0% OTHER DEBT SERVICES 0 0 0 1,675 0.0% TOTAL DST DEBT SERVICE EXPENDITURES 856,978 1,033,581 0 1,035,182 99.85% STORMWATER UTILITY DEBT SERVICE FUND STORMWATER UTILITY DEBT SERVICE REVENUES Quarter Year Current Revised % Description To Date To Date Encumbrance Budeet Collected MISC. REVENUES 259 520 N/A 875 59.4% INTERFUND TR./STORMWATER UTIL. FUND 0 98,636 N/A 437,273 22.6oJo TOTAL SW DEBT SERVICE REVENUES 99,156 99,156 N/A 438,148 22.63% STORMWATER UTILITY DEBT SERVICE EXPENDITURES Quarter Year Current Revised % Description To Date To Date Encumbrance Budget Suent DEBT SERVICE 0 99,011 0 438,148 22.6% TOTAL SW DEBT SERVICE EXPENDITURES 0 99,011 0 438,148 22.60% 2nd Quarter Operating Statement 8 ~5 CITY OF SEBASTIAN, FLORIDA STATEMENT OF OPERATING - ACTUAL TO BUDGET MARCH 31, 2007 GOLF COURSE FUND GOLF COURSE REVENUES Quarter Yeaz Current Revised % Description To Date To Date Encumbrance Budget Collected INTERGOVERNMENTAL REVENUES 0 0 N/A 0 0.0% CHARGES FOR SERVICE 596,606 1,027,378 N/A 1,556,950 66.0% MISC. REVENUES 23,815 41,501 N/A 77,285 53.7% OTHER REVENUE SOURCES 0 0 N/A 1,407 0 0% TOTAL GC REVENUES 620,421 1,068,879 N/A 1,635,642 65.35% GOLF COURSE EXPENSES GOLF COURSE ADMINISTRATIVE Quarter Yeaz Current Revised % Description To Date To Date Encumbrance Budget Suent PERSONAL SERVICES 66,995 135,612 0 316,997 42.8% OPERATING EXPENSES 46,418 151,877 300 333,458 45.6% CAPTTAL OUTLAY 0 0 0 0 DEBT SERVICE 23,245 23,245 0 301,990 7.7% OTHER SERVICES 0 0 0 0 0.0% TOTAL GC ADMINISTRATIVE EXPENSES 136,658 310,734 300 952,445 32.66% GOLF COURSE MAINTENANCE Quarter Year Current Revised % Description To Date To Date Encumbrance Bud et Suent OPERATINGEXPENSES 144,190 284,598 0 561,300 50.7% CAPITAL OUTLAY 0 0 0 15,000 0.0% TOTAL GC MAINTENANCE EXPENSES 144,190 284,598 0 576,300 49.38% GOLF COURSE CARTS Quarter Year Current Revised % Description To Date To Date Encumbrance Budget SUent PERSONAL SERVICES 10,609 21,282 0 52,047 40.9% OPERATING EXPENSES 13,596 27,640 0 54,850 50.4% CAPITAL OUTLAY 0 0 0 0 N/A TOTAL GC CARTS EXPENSES 24,205 48,922 0 106,897 45.77% TOTAL GOLF COURSE REVENUE 620,421 1,068,879 N/A 1,635,642 65.3% TOTAL GOLF COURSE EXPENSES 305,053 644,254 300 1,635,642 39.4% NET GOLF COURSE REVENUES 315,368 424,625 1~ 2nd Quarter Operating Statement 9 CITY OF SEBASTIAN, FLORIDA STATEMENT OF OPERATING -ACTUAL TO BUDGET MARCH 31, 2007 AIRPORT FUND AIRPORT REVENUES Quarter Year Current Revised % Description To Date To Date Encumbrance Budget Collected CHARGE FOR SERVICES 0 0 N/A 38,500 0.0% MISC. REVENUES 42,812 42,812 N/A 68,046 62.9% LEASE REVENUES 18,961 117,896 N/A 289,689 40.7% OTHER REVENUE SOURCE 0 0 N/A 0 TOTAL AIIiPORT REVENUES 61,773 160,708 N/A 396,235 40.56% AIRPORT EXPENSES Quarter Year Current Revised % Description To Date To Date Encumbrance Budget Spent PERSONAL SERVICES 50,198 101,856 0 228,839 44.5% OPERATING EXPENSES 26,772 98,196 2,015 129, 896 77.1 °Io CAPITAL OUTLAY 0 1,235 0 0 0.0% OTHER SERVICES (9,375) 0 0 37,500 0.0% TOTAL AII2PORT EXPENSES 67,595 201,287 2,015 396,235 51.31% TOTAL AIRPORT REVENUES 61,773 160,708 N/A 396,235 40.6% TOTAL AIRPORT EXPENSES 67,595 201,287 2,015 396,235 51.3% NET AIRPORT REVENUES (5,822) (40,579) BUILDING DEPARTMENT FUND BUILDING DEPARTMENT REVENUES Quarter Year Current Revised % Description To Date To Date Encumbrance Budget Collected LICENSES & PERMITS 49,679 200,267 N/A 1,031,400 19.4% CHARGES FOR SERVICE 1,063 3,228 N/A 25,000 12.9% MISC REVENUE 22,924 32,928 N/A 46,672 70.6% OTHER REVENUE SOURCE 0 0 N/A 0 0.0% TOTAL BUILDING DEPT REVENUES 123,666 236,423 N/A 1,103,072 21.43% BUILDING DEPARTMENT EXPENSES Description PERSONAL SERVICES OPERATING EXPENSES CAPITAL OUTLAY OTHER SERVICES TOTAL BUILDING DEPT EXPENSES TOTAL BUILDING DEPT REVENUES TOTAL BUILDING DEPT EXPENSES NET BUILDING DEPT REVENUES Quarter Year Current Revised % To Date To Date Encumbrance Budget Spent 131,658 275,097 0 649,348 42.4% 42,848 121,772 0 410,071 29.7% 12,474 12,474 0 22,790 54.7% 0 0 0 20,863 0.0% 186,980 409,343 0 1,103,072 37.11% 123,666 236,423 N/A 1,103,072 21.4% 186,980 409,343 0 1,103,072 37.1% (63,314) (172,920) 2nd Quarter Operating Statement 10 ~~ ~s ~'~ ~..~ HC3ME OF PELtUN ISLAND CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Fiscal Year 2007-2008 Budget Agenda No. ~7 U~ 7 Calendar Department Origin: Fi ce Approved r Submittal by: City Manager Finance Director: City Attorney: City Clerk• A e City Manager Date Submitted: May 2, 2007 For Agenda of: May 9, 2007 Exhibits: Fiscal Year 2007-2008 Budget Calendar EXPENDITURE AMOUNT APPROPRIATION FUNDING REQUIRED: N/A BUDGETED: N/A REQUIRED: N/A SOURCE(S): N/A SUMMARY During the course of each budget year, the City Council approves a budget calendar which sets the dates when certain actions will be accomplished for purposes of complying with reporting requirements as well as, complying with the timing of adoption of the budget in conjunction with the other taxing authorities in the County. Staff has developed a fiscal year 2007-2008 budget calendar for your review. There may be changes depending on the County's meeting schedule, which has been known to change in the past. RECOMMENDED ACTION Approve the fiscal year 2007-2008 budget calendar. -~a ~o FISCAL YEAR 2007-2008 BUDGET CALENDAR . DATE DAY EVENT 4/13/07 Friday Budget Instruction packets are distributed to Department Directors 4/27/07 Friday Depaztments/Divisions submit budget requests to the Finance Department 5/9/2007 Wednesday City Council approves budget calendaz 5/292007- Tuesday- City Manager to meet with Departments/Divisions for budget review 6/1/2007 Friday . 6/1/2007 Friday Estimate of Property Value to be received from Property Appraiser 6/27/2007 Wednesday City Manager's Recommended Budget to be mailed to Budget Advisory Committee members 7/2/2007 Monday Property Appraiser certifies the taxable value on Form DR-420 7/12/2007 Thursday Budget Advisory Committee meeting @6:00 p.m. 7/25/2007 Wednesday Council approval on DR-420 Certification to set proposed maximum millage rate 7/26/2007 ~ Thursday DR-420 certification delivered to Property Appraiser 7/26/2007 Thursday Budget Advisory Committee meeting @6:00 p.m. 7/27/2007 Friday Fiscal Year 2007-2008 Proposed Budget to Ciry Council 8/15/2007 Wednesday Council Budget Workshop @6:OOp.m. -special meeting 9/5/2007 Wednesday County 1sT Reading of County Budget @5:01 p.m. 9/6/2007 Thursday Final Adoption of County School Board Budget @7:00 p.m. 9/10/2007 Monday 1st Public Hearing of City Budget @6:OOp.m. -Special Meeting 9/12/2007 Wednesday Final Adoption of County Budget @5:01 p.m. 9/14/2007 Friday Advertising the final millage rate and budget 9/19/2007 Wednesday Final Public Hearing of City Budget -Adopt Final Millage Rate and Budget Resolution @6:00 p.m. -special meeting 9/20/2007 Thursday Forwazd Resolutions adopting final millage and budget to Property Appraiser and Tax Collector 81 SL L'~ °x ~~ ~~L VGA"~ S-~7w2~La"668 5~A.3.'Ef`@S.~' CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Waive formal bidding procedure Agenda No. (.~7. (~~7 and approve Koppenberg Enterprises to provide and install new Columbariums at Department Origin: ~`1'w~-~aw~. Cemetery. Finance Director: City Attorney: Approve or Submittal by: City Manager City Clerk: Date Submitted: For Agenda of: nner Exhibits: Drawing and Price Quotes EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION $34,500.00 $35,000.00 from Cemetery REQUIRED: None Trust Fund SUMMARY Koppenberg Enterprises installed the original Columbariums at the Cemetery in 2003. We need to add an additional Columbarium at this time. The R -Model Columbarium will have 50 double niches on the north and south side for 200 total niches. Due to limited space available, we need to expand up instead of out. This will entail placing the new Columbarium on top of the existing one. In order to match up the new with the existing Columbarium, staff recommends hiring Koppenberg Enterprises from Monroe, Washington to provide and install the new Columbarium. We have included price quotes from other manufacturers and Koppenberg Enterprises is the lowest price. RECOMMENDED ACTION Move to waive the formal bidding procedure and approve Koppenberg Enterprises to construct and install their R Model Columbarium on top of the existing Columbarium at the Cemetery for $34,500.00. 83 ~~ SEBASTIAN CEMETERY ~ j ~~ Unit 3 U. S. Highway' 1 ~ Proposed new double columbarium on top of existing columbarium ~ R / ~/ arches & gates columbarium ~st~ng / . Unit 2 gazebo 25 'grass maint. rd. eas grass r . ~~ \ Ii _JI \~~ ~~ ~ -~+ N iQA frQ9 H H H h H~ ~ "q it I ~ .Q O F ~ .C G, x O z O E-~ a u ~_ E"' F• W ~a AW ~ ~ O F ~ z o ~, ¢ x ,.,,, a ~ a r W H W OO 0. V a a a~ v ~' Q F a O ~^ d ~.+ ~Fy ~ Q ~ U U 3 E'^ ~j a P. W H h 8 O N ~ F ~ 8 ? Go k V CC N ~ ' ~ ~ Q ~ ~ u & ~ ~ u ~ ~- ~ a ~ ~ u m ~ ~ ~ S ~ _ ~ ~ c° ° ` u a ~ b v O u u & ~ o ~ .~. y ~ ~u~~ n . ro u u ~~ ~ V O ~ A ., a ~, ~ >. T ~~~ ro o ~ ~ ° ~ o ~ co ~a jUQ~ ry ' 1 k- N W yP. 'v ~ c ~ k' o ~+ ~ c ~ ~ ~ ~, Q ~ ~ _. 0 0 0 0 0 0 0 Q~NNN~NN O H N N N .: 0 n o p 00 O~ ~ O O N l 0 0 N ~ O O °o N ~ M V O ~ ~ E-" H z O ~ ,~ q „y q , ~~ W ~ i." ~ A U x (Cy 7c. 0.~ V N f^ a . C U a .~ 9 a u~ u G 4~~ ~ U O ~+ ^' N M K vl ~ O C U- N ~ !a. 0. ~ O vi O ~, 0 0 fA O h O id! ~ A .+ ~~~. O W O N d N a 4 0 d '+ . o N ~G ~ ~ 0. O O o, 0 N ~ g ~ M ~ O a 4 0 N a t 4 ~ < ~44 Fi C 00 . Q 0 . 0 N ^ ~G g $ < ~ O ~ p i 0 i ~ N O a ;G O A C ~ VJ iH ,~.r O ~ ~ y .~' .. 'C N x K ~ U ~ ~ .q `n .--i r~r ...~ O .a N ~ Q Cd ~ U v~ CSC e~ ..~ a o. ... V ' y a~ .C '~ rrr !"i y ~ ~ .-, .7 h p, v a~ y O ~ ~'+ ~ o .q v' ~ a~ ,~ O o ~ ~~ a~ bA .a ~ H ~ ~ r aryl "V ~ ~ ~ .r ~ "~ +"' 6~ 'C p .d . O '_' ~ ~ ~ .b ~ ~ % ~ G ~ H' ~ ~ N 'q `n O ~ ~ q •.. .~~v, j, ~ E ~~ ~ ~ ~~ ~ ~ •Q.G ~ v ~°~ ++ q . ~` ~ y°'„ V _~ .o ~ q r.+ q ~ ~ O °'~ •~ o ~ L q ~+ W - G - Qw h y . 4.r O~^ N r+7 V V'1 ~ n 00 W~ 0 M M ~ d a ~_ 0 r~q y x U RS .~ .q ~+ w M w O w ~p c~ CQ O v a~ `N t--i r`i ~ O ~~ .~ ~. .O r~ Dra vy ~~ ~~ e°~o~ ~ ,S~ N ~ti a ~ ~.' U ~O p I"+ `" a o~ G n u~ v ° . .. . fa - v, ,. ~c~ - i} ... ~ ~ ~ Z r, 0 J C'~ ~-- ~Si ~~ Z l ~ ..~' . 4, . 3 ~ ,a J . .. ty .~ 1i1 11 ~~~ &8l M ~ o -~ ~ ~ ~ ~ J ~ o ~ ~ L '~ u ~! ~ `,~. ~ 1_ a n~ 6 i 0 1 ~. U- iw qo Jan 11 07 12:OOp Koppenberg Ent 3607944747 KOPPENBERG ENYEFiPRISES INC. City of Sebastian 1(11/07 1225 Main St Sebastian, FL. Attention: Kip Kelso RE: Re=Quote for additional double niches for columbarium Koppenberg Enterprises;. Inc. will supply the following: . I) 200 R-Model precastcremation niches. A) Eachwall will be double sided and contain 100 niches per side. B) Each niche will match original and be placed on.top of the original wall on top of granite capping. II) Granite will be identical to. original including black shutter door granite and .Sierra White trirri and capping.. III) Koppenberg Enterprises, Inc. v~n11 Supply and install all of the above. IV) Total for al) above: $34;500.00 Koppenberg Enterprises, Inc."will furnish a current certificate of insurance at the time the project has been awaaded. Quote prepared by, ~. Kim oppenberg, President Koppenberg Enterprises, Inc. p.2 '19030 Lenton Pl. SE .Suite 343 Monroe, WA 96272 (360) 963 1 143. (800)..574 2481 Fax(360) 794 4747 (} f Jan 11 07 12:OOp Koppenberg ant 3607944747 KOP.PEN BERG . ENTERPRISES INC. _. City of Sebastian 1/1I/07 1225 Main St Sebastian, FL. Attention; Kip Kelso. }2E: Plan for attachment of new precast niches and guarantee Dear Mr. Kelso, Our plan is.to set the newprecast. units on top of granite. capping and field drill %" holes through the bottom. of the new niches through the top of the existing niches on every other niche and bolt a'/Z" SS carriage bolt with a 2" x 2" x 1/8" thick plate as a washer on both ends of the bolts. . Koppenberg Enterprises, Inc: will guarantee this method against all weather conditions that Sebastian, Florida may receive. If for any reason chat the niche units that Koppenberg Enterprises, Inc., has worked on-fall or are moved due to any weather conditions Koppenberg Enterprises, Inc. will repair or replace the damaged units. This does not take into account any footing issues or work that others have performed. Thank you for this opportunity, Ki penberg, President Koppenberg Enterprises, Inc. 19030 Lenton PI. SE .Suite 343 Monroe, WA 98272 [36.01863 'I '143. (800] 5742481 Fax [380) 794 4747 p.l P-ab U'/ CJ :? .i)€?: 14a KoppCanber,~ Ent 3~~'7944"t 4'i p, ~. ~i~ l~~_ lu,~~l -1~~~~~~ l x, - ~1~~~-~ o -+ ~w _ .l, H ~~ ~. ~_ i M ,. © l~ w./ i ? ~ !V ~ b ~- ~~ ~ ~~ ,~ ~ .~.~. ~~~, . ~ W ~ .~ ~. ~~ ~. i~ _.1 1, __! .L~ i L..____._.....J ~- -- , ~ ~ ,~ i ~ ~ ~ ~`~ ~~ ~ =' ~) Y,% .J _J N ~' ~'~ z ,~ ~ N ~ y _ _ _. ,,, Mar 22 07 09:57a OOX-GIFFOR.D-SEAWINDS. FUNS 17725620983 p.1 Mar 21 07 03:21p EAGLE IVIONUIVIENTS & CEMETER 17724657949 p.1 M nulments Cemetery Services 3:21:07 Mr. lCip Kelso Sexton. Sebastian Municipal Cemetery 1921 North Central Av Sebastian, fl 32956 Mr. Kelso, In response to you inquiry of February 13, 2007 regarding a columbarlum quote. Due to the unique nature of the design of the present columbariufn the most cost effective solution is to; provide a custom design unit that, will cosmetically and struc- turaliy be compatible with your unit. The price is on a per unit basis: each niche,will be $350 delivered and includes custom installation. Based:on an estimate of 5U companion niches (space for two cremated remains) on the front. side and 50 companion niches (space for two cre- mated remains) on the back side for a total of one hundred companion niches accammodaCing 200 cremated remains, the cost will be $35,000. The niches can be all companion or a combination of individual and combination. Based on ourconversationahe best,alternative for the cemetery is all companion. frontand back. Upon receiving an estimate of the number of niches needed we will submit a design and rendering foryour approval: T. ~-: Nu:.+'s ONr_r Fur.r. 5rkwrr: MoauMr-N-r Ccx.~rnuY Sinc3:1962 . - • • ~ _ ~ - _ . $C)5 ~AfIHF.I. Art.. FgrT ~rrSRC@, Ft.oRrfla 3932 c~~z~ a~a-5647 ~~ 03-06-'07 09:54 FROM-Star granfe 7062837043 T-226 P0021002 F-641 far rani e ~ ~ Company, .~n~. P.O: Box 159, 1311 Bowman Hwy., Elberton, GA 30635 • (708) 283-2838 • FAX: (706) 283-7043 • 1-600-241.7242 March 6, 2007 Mr. IGp T~elso, Jr.: . City of Sebastian Municipal Cemetery 1921 Noah Central Ave. Sebastian, FL-32958 Re: Requested Quote for Columbarium Niches Dear. Mr. Kelso, Thank you for the opportunity to be of service to ~vou for your nevv columbarium project. but per.my `v'oiec mail directed _to you on Feb. 27, 2007, Star Granite would not be able to provide these types of box units for. your park. . The columbarium-units that we manufacture are standalone units, ranging from 8 to 48 niches: The 48-niches can be grouped together to provide mote spaces but from the specifications that were provided, to us, it looks.as though your needs would be out of the norm from what we could build.. Your.:units.wouldhsve to be built on site and unfortunately we do not have settYng teams that travel to provide this service. Y will be happy to send you a packet of information regarding our columbarium units and some of the other product lines that we provide and hopefully we will be able to help you with some o£ your other. granite needs in the near future. Thank you again for your interest in Star. Granite Company and I do hope that we can start a good business- relationship soon. Sincerely, / r C Came M. Hughes Regions] Manager.. - Star. Granite Company, Ync. _ G5 Mar 15 07 11:33a Dave Bisha _ 770-889-5463 p,i McCleskey Mausoleums P.O. Box 228 Norcross, GA 30091 Rhone: 404388-2318, • Fax 7Z0-888-5463 , 'I,/~V .Toe Kip Kelso Froim: Dave Bishop Fa~c 772-228-9927 Date: March 15, 2007 Phone: Pages: 1 Res Columbarium Rroject, Sebastian CemeteryCC: ^ Wrgent D For Review ^ Please Comment ^ Please Reply ^ Please Recycle Dear Mr. Kelso Thank you #or considering us #or your columbarium addition.. At the present time we are~unable to be of service tv you due to our present. workload. R a , ~~ ve Bishop Regional: Vine President, Sales McCleskey Mausoleums q~ t't1Y 0€ ~ ._ `rte ~~~` HQME QF PELt£Al~i TSIAND Af FNT)A TRAN~MTTTAT, Subject: Brush/vegetation removal at Agenda No. ~7~ ~~9 ~ D?. /O(~ Sebastian Municipal Airport Department Origin: M icipal Airport ° Joseph Griffin ' Ap rov Submittal by: Finance Director: S i Fr s City Clerk: Ms. Sally Maio City Attorney: Mr. Richard ringer i •, City Manager Date Submitted: May 3, 2007 For Agenda of: May 9, 2007 Exhibits: EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: -0- -0- REQUIRED: -0- SUMMARY Sebastian Municipal Airport staff was recently successful in securing a Joint Participation Agreement (JPA) from the Florida Department of Transportation (FDOT), Aviation Section for Security Brush Removal. The agreement stipulates the FDOT to fund 100% of the project at $45,000. In May 2004, the Transportation Security Administration promulgated Security Guidelines for General Aviation Airports ~ Information Publication A-001. Appendix D of that publication states that, "security effectiveness of perimeter fencing is materially improved by the provision of clear areas on both sides of the fence. Sug eg sted clear areas range from 10 to 30 feet..." Your Airport Director recently escorted the City Manager and Golf Course Director around the entire perimeter of the airport for an inspection relating to this request and grant award. If this agreement is authorized, vegetation will be removed on the inside of the Air Operations Area that would not interfere with golf course aesthetics. Since the TSA directive is a suggested/recommended guideline, discretion will be used to protect sensitive tree growth whose removal would adversely affect golf course and airport aesthetics. An overhead map of the airport is submitted depicting possible brush/vegetation removal sites. Approval of this agreement would also have two (2) unintended beneficial consequences for the airport and golf course: 1. removal of vegetation between the approach end of runway 26 and runway 22 would increase visibility safety margins in those areas; 2. removal of brush/vegetation on the airport side of the fence on golf course holes six (6) and seven (7) will allow for better drainag ditch maintenance. These areas are prone to high water retention during the rainy season. ~f] Three bids for the project have been solicited. 1. The Growing Concern Tree and Landscape, Inc. ~ Lake Worth, Florida: $168,750 2. Precision Grading Servioes, Inc. ~ Vero Beach, Florida: $ 98;300 3. Sunny Isle, Inc. ~ Palm Bay, Florida $43,967. RECOMMENDED ACTION 1. Move to approve Resolution I~O, x'07-/9 authorizing a Joint Participation Agreement between the FDOT and the City Of Sebastian for Security brush removal at the Sebastian Municipal Airport. 2. Award the bid for Security Brush Removal at the Sebastian Municipal Airport to Sunny Isle, Inc. as Transportation ~~ o ~~ ~ Security r F O~~tAND Sti~~¢~ A~-inlstration Security Guidelines for -J General Aviation Airports Information Publication A-001 May 2004 Version 1.0 a~ GA Airport Security IPA-001 • Demonstrates the intent of an intruder by their overt action of gaining entry. • Causes a delay to ob#ain access to a facility, thereby increasing the possibility of detection. • Creates a psychological deterrent. • Optimizes the use of security personnel while enhancing the capabilities for detection and apprehension of unauthorized individuals. • Demonstrates a corporate concern for facility security • Provides a cost effective method of protecting facilities Some basic fencing features that enhance security include: • Height -the higher the barrier, the more difficult and time consuming to breach. • Barbed Wire -adding barbed wire at the top of the fence increases the level of difficulty and time to breach. • Eliminating handholds - omitting a rail at the top of the fence makes the fence more difficult to climb. • Burying the bottom of the fencing -eliminates the possibility of forcing the mesh up so that individuals can crawl under. • Sensor system -addition of an intrusion/alert system adds another level of security to the perimeter. • Lighting -increases visibility as well as raises the level of psychological -_-- deterrent. • Signage -installed along the fence line, signs are important to indicate private secured areas and the presence of security patrols, alarms, or monitoring systems. • Clear areas -security effectiveness of perimeter fencing is materially improved by the provision of clear areas on both sides of the fence, particularly in the vicinity of the terminal and any other critical facilities. Such clearance areas facilitate surveillance and maintenance of fencing and deny cover to vandals and trespassers. Suggested clear distances range from 10 to 30 feet, within which there should be no climbable objects, trees, or utility poles abutting the fence line nor areas for stackable crates, pallets, storage containers, or other materials. Likewise, the parking of vehicles along the fence should also be minimized. In addition, landscaping within the clear area should be minimized or eliminated to reduce potential hidden locations for persons, objects, fence damage, and vandalism. There have been cases in which individuals have gained access to passenger aircraft by scaling or crashing through perimeter fencing. To deter or delay attacks, sufficient distance should be maintained between the perimeter fencing and aircraft parking areas. / ~U Version 1.0 26 RESOLUTION NO. R-07-19 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT WITH FDOT TO RECEIVE FUNDING FOR SECURITY BRUSH CUTTING; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. WHEREAS, in May 2004 the Transportation Security Administration promulgated Security Guidelines for General Aviation Airports which included recommended clear areas of 10 to 30 feet adjacent to security fencing; and WHEREAS, the Florida Department of Transportation has agreed to provide 100% funding for security brush cutting at the Sebastian Municipal Airport. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. AUTHORIZATION. The City Manager is hereby authorized to execute the attached State of Florida Department of Transporation Public Transportation Joint Participation Agreement Financial Project No. 422872-1-94-01 on behalf of the City, as attached hereto as Exhibit "A". Section 2. CONFLICTS. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Council member The motion was seconded by Council member and, upon being put into a vote, the vote was as follows: ~o~ Mayor Andrea Coy Vice Mayor Sal Neglia Council Member AI Paternoster Council Member Dale Simchick Council Member Eugene Wolff The Mayor thereupon declared this Resolution duly passed and adopted this 9th day of May, 2007. ATTEST: Sally A. Maio, MMC City Clerk CITY OF SEBASTIAN, FLORIDA By: Mayor Andrea Coy Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney / ~~- ~XH~i~3t i ~~.., STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT 725A30-08 PUBLIC TRANSPORTATION 0.3107 Pagan ata Financial Project No.: Fund: DS 422872-1-94-01 Function: 637 item-segmen -p ase-sequence Federal No. Contract No.: DUNS No.: _ CFDA Number: FLAIR Approp.: 088719 FLAIR Obj.: 750004 Org. Code: 55042010428 Vendor No.: VF 596000427008 CSFA Number: 55004 THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and City of Sebastian hereinafter referred to as Agency. The Department and Agency agree that all terms of this Agreement will be completed on or before 3/31/2009 and this Agreement will expire unless a time extension is provided in accordance with Section 18.00. WITNESSETH: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under 332.006(6) Florida Statutes, to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is Security Brush Removal at Sebastian Municipal Airport and as further described in Exhibit(s) A, B, C & D attached hereto and by this reference made a part hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. i 725-030-08 PUBLIC TRANSPORTATION 03/07 Page 2 of 14 2.00 Accomplishment of the Project 2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A" attached hereto and by this reference made a part hereof this Agreement, with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit "C" attached hereto and by this reference made a part hereof. 3.00 Project Cost: The total estimated cost of the project is $ 45,000 .This amount is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof this Agreement. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved: 4.00 Department Participation: The Department agrees to maximum participation, including contingencies, in the project in the amount of $ 45,000 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total project cost shown in Exhibit "B", whichever is less. 4.10 Project Cost Eligibility :Project costs eligible for State participation will be allowed only from the effective date of this agreement. It is understood that State participation in eligible project costs is subject to: (a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled to be committed; (b) Availability of funds as stated in Section 17.00 of this Agreement; (c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available. 4.20 Front End Funding : Front end funding Q is 0. is not applicable. If applicable, the Department may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in paragraph 4.00. 5.00 Retainage : Retainage ~ is ~ is not applicable. If applicable, percent of the Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the Department's discretion, on or before the completion of the final project audit. /Ou 6.00 Project Budget and Payment Provisions: 725-030-08 PUBLIC TRANSPORTATION 03107 Page3W14 6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall be effective unless it complies with fund participation requirements established in Section 4.00 of this Agreement and is approved by the Department Comptroller. 6.20 Payment Provisions: Unless otherwise allowed under Section 4.20, payment will begin in the year the project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in conformity with requirements established by Department's program guidelines/procedures and "Principles for State and Local Governments", separate accounts to be maintained within its existing accounting system or establish independent accounts.. Such accounts are referred to herein collectively as the "project account". Documentation of the project account shall be made available to the Department upon request any time during the period of the Agreement and for three years after final payment is made. 7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the. project, which. Department payments and other funds are: herein collectively referred to as "project funds". The Agency shall require depositories of project funds to secure continuously and fully all project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State Law for the security of public funds, or as approved by the Department. 7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 7.40 Documentation of Project Costs: Ail costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. 7.60 Audit Reports: In addition to the requirements below, the Agency agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department, including but not limited to site visits and limited scope audits. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of three years from the date the audit report is issued, and shall allow the Department access to such records and working papers upon request. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state official. The Agency shall comply with all audit and audit reporting requirements as specified in Exhibit "D" attached hereto and by this reference made a part hereof this Agreement. l~~ 725430-08 PUBLIC TRANSPORTATION 0347 Page 4 of 14 7.61 Monitoring: In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, Florida Statutes, (see "Audits" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, and/or other procedures. The Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the Agency is appropriate, the Agency agrees to comply with any additional instructions provided by the Department staff to the Agency regarding such audit. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by FDOT's Office of Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General. 7.62 Audits: Part I Federally Funded: If the Agency is a state, local government, ornon-profit organizations as defined in OMB Circular A-133 and a recipient of federal funds, the following annual audit criteria will apply: 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single orprogram-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. Exhibit "D" to this agreement indicates Federal resources awarded through the Department by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, Paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133. 3. If the recipient expends less than the amount in Part I, Paragraph 1., an audit conducted in accordance with the provisions of OMB Circular A-133, is not required. If the recipient elects to conduct such.an audit, the cost of the audit must be paid from resources obtained from other than Federal entities. 4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. Part II State Funded: If the Agency is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, and a recipient of state funds, the following annual audit criteria will apply: 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500, 000 in any fiscal year, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services and the CFO; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit "D" to this agreement indicates state financial assistance awarded through the Department by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct orpass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, Paragraph 1., the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapter 10.550 (local governmental entities) or 10.650 (nonprofif and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than the amount in Part II, Paragraph 1., such audit is not required. If the recipient elects to conduct such an audit, the cost of the audit must be paid from the recipient's resources obtained from nonstate entities. 4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency awarding it. C ~~ 725•D30.O6 PUBLIC TRANSPORTATION 03/07 Page S M 14 Part III Other Audit Requirements 1. The Agency shall follow-up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. 2. Records related to unresolved. audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the Department, the Department Comptroller, and the Auditor General. This section does not limit the authority of the Department to conductor arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official Part IV Report Submission Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by Section 7.621 of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: B. The number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, submitted to the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133. 2. In the event that a copy of the reporting package for an audit required by Section 7.621 of this Agreement and conducted in accordance with OMB Circular A-133 is not required to be submitted to the Department for reasons pursuant to section .320 (e)(2), OMB Circular A-133, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited schedule of expenditures of Federal awards directly to each of the following: In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, and any management letters issued by the auditor, to the Department at each of the following addresses: ~~1 725030-08 PUBLIC TRANSPORTATION 03/07 Page 6 of 14 3. Copies of financial reporting packages required by Section 7.622 of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or the management letter required by Section 7.623 of this Agreement.shall be submitted by or on behalf of the recipient directly to: A. The Department at each of the following addresses: 5. Any reports, management letter, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Section 215.97, Florida Statutes, and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Agency in correspondence accompanying the reporting package. 7.63 Record Retention: The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of at least five years from the date the audit report is issued, and shall allow the Department, or its designee, the CFO or Auditor General access to such records upon request. The Agency shall ensure that the.. independent audit working papers are made available to the Department, or its designee, the CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the Department. 7.64 Other Requirements: If an audit discloses any significant audit findings related to any award, including material noncompliance with individual project compliance requirements or reportable conditions in internal controls of the Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency shall take timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans. 7.65 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility. In the event this Agreement is for purchase of land or for the constructiori of infrastructure such as airport runways the Department may waive or modify this section. JU$ 725030-08 PUBLIC TRANSPORTATION 03/07 Paga 7 of 14 8.00 Requisitions and Payments: 8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department of Transportation, District Four Public Transportation Office 3400 W. Commercial Blvd. Ft. Lauderdale , FL, 33309 its requisition on a form or forms prescribed. by the Department, and any other data pertaining to the project account (as defined in Paragraph 7.10 hereof) to justify and support the payment requisitions. 8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S. The Department may establish rates lower than the maximum provided in Chapter 112.061, F.S. 8.13 For real property acquired, submit; (a) the date the Agency acquired the real property, (b) a statement by the Agency certifying that the Agency has acquired said real properly, and actual consideration paid for real property. (c) a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with all federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property.. 8.20 The Department's Obligations: Subject to other provisions hereof, the Department will. honor such requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the. eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project if: 8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto; 8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project; 8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; or 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; 8.25 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs, including any and all federal financial assistance as detailed in Exhibit "B." 8.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest approved budget for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. ~ o~ 725030-OB PUBLIC TRANSPORTATION 03/07 Pape 8 d 14 8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this agreement, the Department may offset such amount from payments due. for work or services done under any public transportation joint participation agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department. 9.00 Termination or Suspension of Project: 9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues the project; or if, by reason of any of the events or conditions set forth in Sections 8.21 to 8.26 inclusive, or for any other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. 9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S. and made or received in conjunction with this Agreement. 10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the Agency shall remit to the Department its share of any unexpended balance in the project account. 11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the project. 12.00 Contracts of the Agency: 12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with.any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department as provided in Section 8.23. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. //D 725030-06 PUBLIC TRANSPORTATION 03107 Page 9 of 14 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287, F.S., Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. 12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 12.31 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as defined in 49 CFR Part 26, as amended, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of 49 CFR Part 26, as amended, apply to this Agreement. 12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance of contracts and this Agreement. In this regard, all recipients, and contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors-shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. 12.40 The Agency agrees to report any reasonable cause notice of noncompliance based on 49 CFR Part 26 filed under this section to the Department within 30 days of receipt by the Agency. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development or operation of the. project, except contracts for standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 13.20 Title VI -Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed. by Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d, et. seq.), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. 13.30 Title VIII -Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42 USC 3601,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national origin, creed, sex, and age. 13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA (42 U.S.C. 12102, et. seq.), the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto. . ~t 725-030.06 PUBLIC TRANSPORTATION 03/07 Page 10 of 14 13.50 Prohibited Interests: The Agency shall not enter into a contract or arrangement in connection with the project or any property included or planned to be included in the project, with any officer, director or employee of the Agency, or any business entity of which the officer, director or employee or the officer's, director's or employee's spouse or child is an officer, partner, director, or proprietor or in which such officer, director or employee or the officer's, director's or employee's spouse or child, or any combination of them, has a material interest. "Material Interest" means direct or indirect ownership of more than 5 percent of the total assets or capital stock of any business entity. The Agency shall not enter into any contract or arrangement in connection with the project or any property included or planned to be included in the project, with any person or entity who was represented before the Agency by any person who at any time during the immediately preceding two years was an officer, director or employee of the Agency. The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, any agreement for utility services the rates for which are fixed or controlled by the government, or any agreement between the Agency and an agency of state government. 13.601nterest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the Agency thaf the project will be carried out in conformance with all applicable environmental regulations including the. securing of any applicable permits. The Agency will be solely responsible for any liability in the event ofnon-compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith. 14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. //~ 725.030-08 PUBLIC TRANSPORTATION 03/07 Page 11 of 14 14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities and equipment will be used by the Agency to provide or support public transportation for~the period of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities or equipment. 14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable. 14.80 Disposal.of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. 14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees, during the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable. under this paragraph for any claim; loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents; or employees during the performance of the Agreement. When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of services required under this Agreement; the Department will immediately forward the claim to the Agency. The Agency and the Department will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly-discuss options in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the Agency in the defense of the claim or to require that the Agency defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Agency. The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses at trial. 15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency written approval with any approved portions of the project and comments or recommendations concerning any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in 8.23. 16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. ~l3 72~r030d16 PUBLIC TRANSPORTATION 03/07 Page 12 of 14 17.20 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Chapter 339.135(6)(a), F.S., are hereby incorporated: "(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for a period of more than 1 year." 18.00 Expiration of Agreement: The Agency agrees to complete the project on or before 3/31/2009 If the Agency does not complete the project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the Director of Transportation Development .Expiration of this Agreement will be considered termination of the project and the procedure established in Section 9.00 of this Agreement shall be initiated. 18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid. 19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument: 21.00 Restrictions on Lobbying: 21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. agency. 21.20 State: No funds received pursuant to this contract may be expended. for lobbying the Legislature or a state /~`{ ~zs-o3o-os PUBLIC TRANSPORTATION 03/07 Page 13 of 14 22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b), F.S. will be due and payable, in addition to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (850) 410-9724 or by calling the Department of Financial Services Hotline, 1-800-848-3792. 23.00 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, .may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, F.S. for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 24.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public. entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. ii5 726030-08 PUBLIC TRANSPORTATION 03/07 Page 14 of 14 Financial Project No. Contract No. Agreement Date 422872-1-94-01 IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY Ciry of Sebastian AGENCY NAME FDOT See attached Encumbrance Form for date of Funding Approval by Comptroller LEGAL REVIEW SIGNATORY (PRINTED OR TYPED) DEPARTMENT OF TRANSPORTATION SIGNATURE TITLE DEPARTMENT OF TRANSPORTATION Director of Transportation Development TITLE !(~ Fin. Proj. No.: 422872 -1-94-01 Contract No.: Agreement Date: EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that. certain Joint Participation Agreement between the State of Florida, Department of Transportation and City of Sebastian.' PROJECT LOCATION: Sebastian Municipal Airport PROJECT DESCRIPTION: Security Brush Removal SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, Financial Project Number and the Federal Identification number, where applicable and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. The plans and specifications review required in paragraph 15.00 of the Agreement shall include an Engineer Certification. and compliance with Department requirements as outlined in Exhibit "C". SPECIAL CONSIDERATIONS BY DEPARTMENT: NIA The District project manager has 10 working days to review invoices after receipt of invoice package and corresponding progress report before submitting to District Financial Services Office for payment. ~l~ Fin. Proj. No.: 422872-1-94-01 Contract No.: Agreement Date: EXHIBIT "B" PROJECT BUDGET This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and City of Sebastian. I. TOTAL PROJECT COST: $45,000 II. PARTICIPATION: Federal Participation: FAA, FTA, UMTA, etc. Agency Participation: In-Kind 0.00% $0 Cash 0.00% ~ $0 Other ~~8 Maximum Department Participation:** Primary (DS) (DDR) (DIM) (PORT) 100.00% $45,000 Federal Reimbursable (DU) (FRA) (DFTA) Local Reimbursable (DL) III. TOTAL PROJECT COST: $45,000 ** Funding limits and activities provided in accordance with Senate Bill 48-B (attached) ~., I..EGIS 2001-349 2001 Fla. Sass. Lsw Scrv. Ch.200I-344 (S.B. 48-5} (WEST} ?age 3 ;aZ,QRIT3A 2001 S3t,5SI,t}rt LA4~Y S~RYICE So~reateetztls Legislature, Speclat'B' Session Copr. ~ West Group 2401. All rights reserved. Additions ere iztdicated by «f Text+»; dclctions by {~- Te,~rt -s>. Changes in tables arc made but not highlighted. Chapter 2001-3 49 S..B. No: 48.}3 AIRPORTS AND LANDINGFIELDS--NOISE AND NpISE POLLUTION-ECONi~M[C ASSISTANCE An act. relating to airports, amending s. 332.00?, F.S.; providing economic assistance to airports; providing for noise mtigation for certain airports; requiring certain notice to the Legislature; pcovtduig srt e~echve date. Be It Evicted by the Legislature of the Stag of Florida: Section 1. Subsection, (8} is added to section 332.007, Florida Statutes, tp read; • ' ~< FL ST § 332.007 » 332.007. Administration ard.ftnancing of aviation and airport programs atxd projects; state plant «+($} Nahvithstanding any other provision of law to the contrary, fire departrnent is authorized to provide operational and maintenance assistance to publicly awned public-use- airports. Such assisiasace shall be co comply with ent>aaced federal secwity rcgtaicements ar to address related economic impacts from, the events of September 11, 2041. For projects in the current adopted work program, or projects added using the available budget of the department, airports may request the dap ertrncnt change the pcoject purpose in accordance with this provision notwitlutanding the provisions of s. 339.135(7}, For purposes of this subsection, the department may fund up to 100 pereeoi of eligible project costs t}}at are not funded by the federal govcrruneat. Prioc to reicasing any fiords under this section, the dcpastmeot shall review and approve tine expenditure plans svbmit#ed by the airport. The department shall inform the Legislature of any change that it approves under this subsection. This subsection shall expire on June 30, 2003: ~» «FL ST § 332.13 » Section 2, [FN l7 «+Any rnulticounry airport authority seated as an independent special district which is subject to a developmrnt-of~reg%onal» impact development order and which has conducted a noise study in accordance with l4 C.F.R Park i 50 shall, in fiscal year 2002, cstablssh a noise-mitigation-project fund in an amount of $7,5 tniuion, which shall he increased by another SZ.S rnlillton in fiscal year 2(304. The moneys in fire prajact fund shall be segregated and expended by the airport authority by Dccembec 31, 2006, to the extent necessary to cou~ply vrith developaveut-order commitments to acquire property from or otherwise mitigate property owners adversely a$ected by the development of regiaaai impact If moneys arc not expended far such purposes by December 31, 2006, ti2e airport authority shall nok thereafter amend its development-oE reg-ional-impact development order ar camrnence develnpment of airpoR in~astructure improvements authorized by such development atder tmtil such fiords are fully expended for such Purposes. +» (FNIj Tentative assignment as ¢ 332.13 Sccdon3. This act sbatl take effect upon becoming a taw. Approved by the Governor Novcabcr l6, ZO01. Copr. ~ West 2002 No Claim to Orig. CJ,S. Govt. Warlcs ' ( l~ l Fin. Proj. No: 422872-1-94-01 Contract No.: Agreement Date: EXHIBIT C AVIATION PROGRAM ASSURANCES This exhibit forms an integral part of the Joint Participation Agreement between the State of Florida, Department of Transportation and City of Sebastian. A. General 1. Duration: The terms, conditions, and assurances of the Agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date that the Agreement is executed. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with state funds. 2. Obligation: The Agency shall honor these assurances for the duration of this Agreement. If the Agency takes any action that is not consistent with these assurances, the full amount of this Agreement will immediately become due and payable to the Florida Department of Transportation. B. General Assurances The Agency hereby assures that: 1. Good Title: It holds good title, satisfactory to the Department, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Department that good title will be acquired. 2. Preserving Rights and Powers: a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in the Agreement without the written approval of the Department, and. will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the Agency. This shall be done in a manner acceptable to the Department. b. If an arrangement is made for management and operation of the airport by any agency or person other than the Agency or an employee of the Agency, the Agency will reserve sufficient rights and authority to ensure that the airport will be operated and maintained according to applicable federal and state laws, regulations, and rules. 3. Hazard Removal & Mitigation: It will clear and protect terminal airspace required for instrument and visual operations at the airport (including established minimum flight altitudes) by removing, lowering, Joint Participation Agreement (JPA) Exhibit C Page 1 (11 /29/2005) relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 4. Compatible Land Use:, It will take appropriate action to ensure local government adoption of airport zoning ordinances that comply with Chapter 333, f.S. The ordinances shall address height restrictions and other potential aviation hazards and limitations on incompatible land uses in the vicinity of the airport. The vicinity of the airport includes all areas that will be affected by normal aircraft operations and noise. The Agency assures that it will take appropriate action to oppose and/or disapprove any attempted change in -local land use regulations that would adversely affect the continued level of airport operations by the creation or expansion of incompatible land use areas. The Agency assures that it will provide the Department with a copy of all local airport zoning ordinances, codes, rules, regulations, and amendments, including proposed and granted variances thereto. 5. Consistency with Local Plans: It will take appropriate actions to have the current airport master plan adopted into the local government comprehensive plan at the earliest feasible opportunity. 6. Airport Layout Plan: a. It will keep a layout plan of the airport up to date showing: (1) Boundaries of the airport and all proposed additions thereto, together with the boundaries of all.offsite areas owned or controlled by the Agency for airport purposes and proposed additions thereto; (2) Location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars, and roads), including all proposed extensions and reductions of existing airport facilities; and- (3) Location of all existing and proposed non-aviation areas and of all. existing improvements thereon. b. Such airport layout plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Department. The Agency will not make or permit any changes or alterations in the airport or any of its facilities that are not in conformity with the airport layout plan as approved by the Department and which might, in the opinion of the Department, adversely affect the safety, utility, or efficiency of the airport. 7. Fee and Rental Structure: It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport taking into account such factors as the volume of traffic and economy of collection. If this Agreement results in a facility that will be leased or otherwise produces revenue, the Agency assures that the revenue will be at fair market value or higher. 8. Airport Revenue: That all revenue generated by the airport will be expended for capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property, or for environmental or noise mitigation purposes on or off the airport. 9. Financial Plan: It will develop and maintain acost-feasible financial plan to accomplish the projects necessary to achieve the proposed airport improvements depicted in the airport layout plan. The financial plan shall be a part of the airport master plan. The financial plan shall realistically assess project phasing considering availability of state funding and local funding and the likelihood of federal funding under the Federal Aviation Administration's priority system. All project cost estimates contained in the financial plan Joint Participation Agreement (JPA) Exhibit C Page 2 (11/29/2005) (~1 ~a~ shall be entered in the Joint Automated Capital Improvement Program (JACIP) Online Web site. The JACIP Online information shall be kept current as the financial plan is updated. 10. Operation & Maintenance: The airport and all facilities which are necessary to serve the aeronautical users of the airport, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as maybe required or prescribed by applicable federal and state agencies for maintenance and operation. The Agency assures that it will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. Any proposal to temporarily close the airport for non-aeronautical purposes must first. be approved by the Department. The Agency will have arrangements for promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when flooding or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the Agency. 11. Economic Nondiscrimination: It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds, and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. 12. Exclusive Rights: It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. 13. Federal Funding Eligibility: It will take appropriate actions to maintain federal funding eligibility for the airport. Further, it will avoid any action that renders the airport ineligible for federal funding. 14. Termination of Agreement: It will make expenditures or incur obligations pertaining to this Agreement within two years after the date of this Agreement or the Department of Transportation may terminate this Agreement. The Agency may request aone-year extension of this two-year time period. The District Secretary shall have approval authority. 15. Retention of Rights and Interests: It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which state funds have been expended, for the duration of the terms, conditions, and assurances in the Agreement without approval by the Department. 16. Consultant, Contractor, Scope, and Cost Approval: It will grant the Department the right to disapprove the Agency's employment of specific consultants, contractors, and subcontractors for all or any part of this project if the specific consultants, contractors, or subcontractors have a record of poor project performance with the Department. Further, the Agency assures that it will grant the Department the right to disapprove the proposed project scope and cost of professional services. 17. Airfield Access: The Agency will not grant or allow easement or access that opens onto or crosses the airport runways, taxiways, flight line, passenger facilities, or any area used for emergency equipment, fuel, supplies, passengers, mail and freight, radar, communications, utilities, and landing systems, including but not limited to flight operations, ground services, emergency services, terminal facilities, maintenance, repair, or storage. C. Planning Projects If this project involves planning or other aviation studies, the Agency assures that it will: 1. Project Scope: Execute the project in accordance with the approved project narrative or with approved modifications. Joint Participafion Agreement (JPA) Exhibif C Page 3 (11/29/2005) 2. Reports: Furnish the Department with such periodic project and work activity reports as required 3. Public Information: Make such material available for examination by the public. No material prepared under this Agreement shall be subject to copyright in the United States or any other country. 4. Disclosure: Grant the Department unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this Agreement. 5. Department Guidelines: Comply with Department airport master planning guidelines if the project involves airport master planning or developing an airport layout plan. This includes: a. Providing copies, in electronic and editable format, of final project materials to the Department. This includes computer-aided drafting (CAD) files of the airport layout plan. b. Developing acost-feasible financial plan, approved by the Department, to accomplish the projects described in the airport master plan or depicted in the airport layout plan. The cost- feasible financial plan shall realistically assess project phasing considering availability of state and local funding and the likelihood of federal funding under the Federal Aviation Administration's priority system. c. Entering all projects contained in the cost-feasible plan out to twenty years in the Joint Automated Capital Improvement Program (JACIP) database. 6. No Implied Commitments: Understand and agree that Department approval of this project Agreement or any planning material developed as part of this Agreement does not constitute or imply any assurance or commitment on the part of the Department to approve any pending or future application for state aviation funding. D. Land Acquisition Projects If this project involves land purchase, the Agency assures that it will: 1. Applicable Laws: Acquire the land interest in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970; the National Environmental Policy of 1969; FAA Order 5100.37A; FAA Order 5050.4A.; chapters 73 and 74, F.S., when property is acquired through condemnation;.and section 286.23, F.S. 2. Administration: Maintain direct control of project administration, including: a. Maintaining responsibility for all contract letting and administrative procedures necessary for the acquisition of the land interests. b. Securing written permission from the Department to execute each agreement with any third PadY• c. Furnishing a projected schedule of events and a cash flow projection within twenty (20) calendar days after completion of the review appraisal. d. Establishing a project account for purchase of land interests. e. Collecting and disbursing federal, state, and local project funds. 3. Loans: Comply with the following requirements if the funding conveyed by this Agreement is a loan for land purchase according to Chapter 332, F.S.: Joint Participation Agreement (JPA) Exhibit C f ~L~ Page 4 I (11/29/2005) a. The Agency shall apply for a Federal Aviation Administration Airport Improvement Program grant for the land purchase within 60 days of executing this Agreement. b. If federal funds are received for the land purchase, the Agency shall notify the Department by U.S. Mail within 14 calendar days of receiving the federal funds and is responsible for reimbursing the Department within 30 calendar days to achieve normal project federal, state, and local funding shares as described in Chapter 332, F.S. c. If federal funds are not received for the land purchase, the Agency shall reimburse the Department to achieve normal project state and local funding shares as described in Chapter 332, F.S., within 30 calendar days after the loan matures. d. If federal funds are not received for the land purchase and the state funding share of the land purchase is less than or equal to normal state and local funding shares as described in Chapter 332, F.S., when the loan matures, no reimbursement to the Department shall be required. 4. New Airports: a. Protect the airport and related airspace by ensuring local government adoption of an airport zoning ordinance or amending an existing airport zoning ordinance, consistent with the provisions of Chapter 333, F.S., prior to the completion of the project: b. Apply for federal and state funding to construct a paved runway, associated aircraft parking apron, and connecting taxiway within one year of the date of land purchase. c. Complete an airport master plan within two years of land purchase. d. Complete construction necessary for basic airport operation within ten years of land purchase 5. Use of Land: The Agency shall use the land for. aviation purposes in accordance with the terms of this Agreement within ten years after the acquisition date. 6. Disposal of land: For land purchased under an Agreement for airport noise compatibility or airport development purposes, disposition of such land will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. E. Aviation Construction Projects If this project involves construction, the Agency assures that it will: 1. Certifications: Provide certifications that: a. Consultant and contractor selection comply with all applicable federal, state and local laws, rules, regulations, and policies. b. All design plans and specifications comply with federal, state, and professional standards and applicable Federal Aviation Administration advisory circulars. c. The project complies with all applicable building codes and other statutory requirements. d. Completed construction complies with the original project plans and specifications. Joint Participation Agreement (JPA) Exhibit C Page 5 (11/29/2005) ~ ~5 2. Construction Inspection & Approval: Provide and maintain competent technical supervision at the construction. site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Department for the project. The Agency assures that it will allow the Department to inspect the work. The Department may require cost and progress reporting by the Agency. 3. Pavement Preventative Maintenance: With respect to a project for the replacement or reconstruction of pavement at the airport, implement an effective airport pavement maintenance management program and the Agency assures that it will use such program for the useful life of any pavement constructed, reconstructed, or repaired with state financial assistance at the airport. F. Noise Mitigation Projects If this project involves noise mitigation, the Agency assures that it will: 1. Local Government Agreements: For all noise compatibility projects that are carried out by another unit of local government or are on property owned by a unit of local government other.than the Agency, enter into an agreement with that government. The agreement shall obligate the unit of local government to the same terms, conditions, and assurances that apply to the Agency. The agreement and changes thereto must be satisfactory to the Department. The Agency assures that it will take steps to enforce the agreement if there is substantial non-compliance with the terms of the agreement. 2. Private Agreements: For noise compatibility projects to be carried out on privately owned property, enter into an agreement with the owner of that property to exclude future actions against the airport. The Agency assures that it will take steps to enforce the agreement if there is substantial non-compliance with the terms of the agreement. ia~ Joint Participation Agreement (JPA) Exhibit C Page 6 (11 /29/2005) Fin. Proj. No.: 422872-1-94-01 Contract No.: Agreement Date: EXHIBIT D PROJECT AUDIT REQUIREMENTS The administration of resources awarded by the Department to City of Sebastian may be subject to audits and/or monitoring by the Department, as described in this section. MONITORING In addition to reviews of audits conducted in accordance with .OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. In the event the .Department determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department staff to Citv of Sebastian regarding such audit. City of Sebastian further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the FDOT's Office of Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General AUDITS PART I: FEDERALLY FUNDED Recipients of federal funds (i.e. state, local government, or non-profit organizations as defined in OMB Circular A-133, as revised) are to have audits done- annually using the following criteria: In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this agreement indicates Federal resources awarded through the Department by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular. A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $500,000 in Federal. awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. However, if the recipient elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non- Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. ~ ~,~ Joint Participation Agreement (JPA) Exhibit D Page 1 of 7 PART II: STATE FUNDED Recipients of state funds (i.e. a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes) are to have audits done annually using the following criteria: In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year, the recipient must have a State single or proJect- specific audit for such fiscal. year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services and the CFO; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this agreement indicates state financial assistance awarded through the Department by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass- through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(d), .Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year; an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. However, if the recipient elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the nonstate .entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency awarding it. PART II1: OTHER AUDIT REQUIREMENTS The recipient shall follow up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the FDOT, the Department of Financial Services, and the Auditor General. This section does not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this agreement shall be submitted, when required by j ~ ¢ Joint Participation Agreement (JPA) Exhibit D Q Page 2 of 7 Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: Florida Department of Transportation Office of Modal Development 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309-3421 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10~' Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. In the event that a copy of the reporting package for an audit required by PART I of this agreement and conducted in accordance with OMB Circular A-133, as revised, is not required to be submitted to the Department for reasons pursuant to section .320 (e)(2), OMB Circular A-133, as revised, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a-copy of the recipient's audited schedule of expenditures of Federal awards dir. ectly to each of the following: Florida Department of Transportation Office of Modal Development 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309-3421 In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department at each of the following addresses: Florida Department of Transportation Office of Modal Development 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309-3421 3. Copies of financial reporting packages required by PART II of this agreement, shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: Florida Department of Transportation Office of Modal Development 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309-3421 ~~ Joint Participation Agreement (JPA) Exhibit D Page 3 of 7 B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or the management letter required by PART III of this agreement shall be submitted by or on behalf of the recipient directly to: A. The Department at each of the following .addresses: Florida Department of Transportation Office of Modal Development 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309-3421 5. Any reports, management letter, or other information required to be submitted to the Department pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and .Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133 or Chapters 10:550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION 1. The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of at least five years from the date the audit report is issued, and shall allow the Department, or its designee, CFO, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department, or its designee, CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the Department. 3 ~ Joint Participation Agreement (JPA) Exhibit D Page 4 of 7 EXHIBIT -1 STATE RESOURCES State Agency Department of Transportation Objectives Catalog of State Financial Assistance (Number & Title) 55004 -Aviation Development Grants Amount $45,000 1. To provide funding for airport planning, airport improvement, land acquisition, and airport economic development. Activities Allowed: Airport Planning Airport Planning Grants are to study options for airport development and operations. The Department funds airport master plans, airport layout plans (ALP),. noise and environmental studies, economical impact, services development, and airport promotion. Examples of projects are: - Master plans and ALPs; - Master drainage plans; - Environmental assessments (EA); - Development of regional impact (DRI); -.Operations and emergency response plans; - Federal Aviation Regulations (FAR) Part 150 noise studies; - Environmental impact studies (EIS); -Wildlife hazard studies; - Feasibility and site selection studies; - Business plans; -Airport management studies and training; - Air services studies and related promotional materials. (FDOT Aviation Grant Program Handbook) Airport Improvement These grants are to provide capital facilities and equipment for airports. Examples of projects are: - Air-side capital improvement projects (runways, taxiways, aprons, T-hangers, fuel farms, maintenance hangers, lighting, control towers, instrument approach aids, automatic weather observation stations); - Land-side capital improvement projects (terminal buildings, parking lots and structures, road and other access projects); - Presentation projects (overlays, crack sealing, marking, painting buildings, roofing buildings, and other approved projects; - Safety equipment (including AARF fire fighting equipment and lighted Xs); - Safety projects (tree clearing, land contouring on overrun areas, and removing, lowering, moving, and marking, lighting hazards); - Information technology equipment (used to inventory and plan airport facility needs); - Drainage improvements. (FDOT Aviation Grant Program Handbook) I~I Joint Participation Agreement (JPA) Exhibit D Page 5 of 7 Land Acquisition This grant program protects Florida's citizens from airport noise and protects airport clear zones and runway approach areas from encroachment. Administrative Costs, appraisals, legal fees, surveys, closing costs and preliminary engineering fees are eligible costs. In the event the negotiation for a fair market value is unsuccessful, the court will be petitioned for "an Order of Taking" under the eminent domain laws of Florida. Examples of projects are: -Land acquisition (for land in an approved master plan or ALP); -Mitigation land (on or off airport); -Aviation easements; -Right of way; -Approach clear zones. (FDOT Aviation Grant program Handbook) Airport Economic Development This grant program is to encourage airport revenue. Examples of projects are: -Any airport improvement and land purchase that will enhance economic impact; -Building for lease; -Industrial park infrastructure and buildings; -General aviation terminals that will be 100 percent leased out; -Industrial park marketing programs. (FDOT Aviation Grant Program Handbook) Aviation Land Acquisition Loan Program The Department provides interest free loans for 75 percent of the cost of airport land purchases for both commercial service and general .aviation airports. This is a general description of project types. A detail list of project types approved for these grant programs can be found in the Aviation Grant Program manual which can be accessed through the internet at www.dot.state.fl.us/Aviation/Public.htm. Commercial Service Airports Matching Requirements are as follows: Commercial Service Airports When no federal funding is available, the Department provides up to 50 percent of the project costs. (FDOT Aviation Grant Program Handbook and Section 332.007(6) Florida Statutes) General Aviation Airports When no federal funding is available, the Department provides up to 80 percent of project costs. (FDOT Aviation Grant Program Handbook and Section 332.007(6) Florida Statutes) Economic Development The Department provides up to 50 percent of airport economic development funds to build on-airport revenue-producing capital improvements. This program is for local match only. (FDOT Aviation Grant Program Handbook and Section 332.007(6) Florida Statutes) /3~ Joint Participation Agreement (JPA) Exhibit D Page 6 of 7 Airport Loans The Department provides a 75 percent loan program to fund the Aviation Land Acquisition Loan Program. (FDOT Aviation Grant Program Handbook and Section 332.007(6) Florida Statutes) NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. 3 t3 Joint Participation Agreement (JPA) Exhibit D Page 7 of 7 The G'r~w;rig Gone Tree ~ ~.andscape Inc. 4594 Wenhart Road Lake Worth, ~L 3345~~694~ ~ Name 1 At~ress I City of Sebastian 202 Ait~tt Lkive, S~stian, Fi. '32958 $tln~te dab Dian Date 1 ~ # I Sebastian Airport 1/11/2047 717 nescriptian - x~a The ~rawi~ag concern ~'r®e ~ Lands~pe ~., proposes to ~ the following: To wave, To ground level, all vegetarian wittb~i~p. the ,A,izport line liaundaries. Approximately a~cea~e ;950 plus (+) or minus (-) All vegetation will be mewed to mulch with all areas 1ev+eled far mowing. All larrge sups v+rrill be ground 6 + inches below graun~d level. A11 vegetation add lags naT mawablc will be dis~os~ed of off site at n icgal laacltill. No vegeta~ott will ba left over 1" ditr ar Dear 12" long. A buffer strip 4~ 20' to 30' on outsidc of f~eatcirag soynrawog ai~art will also be mowed/mulched, as dated by airport management. Total as listed above 16$,750.04 The Gmrving Conccem Tree & Landscape bnc., will complete the above pxaject in 45 working days. Tl~ Growing Comm Tian & Landscape mac., is ihliy licensed and iva-u~ W~a will alyide at all tins to Aizpa~tt pxotiacol while on property. Phan # - _ ~a~ # ~ ~ i (Toter $Ib$,754.00 561-644-2912 (561-9G4-4225 ( gu~uc~~~1P~-~ ( C 3`~ PREC/S/ON GRIyD//MG SERV/CES, /NC 7915 101ST CT. _ _ Vero Beach, FL 32967 OfficelCell{772) 413-1576 Fax-(772) 589-0047 February 3, 2007 Joe Griffni Airport Director Sebastian Municipal Airport 202 Airport Drive, East Sebastian, FL 32958 RE: SecuritylVegetation Clearing Precision Grading Services, Inc. proposes to furnish Labor, materials and machinery for the following work at The Sebastian Municipal Airport. -Clear and mulch approxunately 41 acres of trees and vegetation along the fence line around the perimeter of the airport property including 10 to 30 feet on the outside of the fence. -Grind all stumps approximately 3 inches below the ground for future mowing. -All mulch will stay on site and be thinly spread over the newly cleared areas of the property. Our price for performing this work is $2,400.00 per acre which equals a total job cost of $98,300.00. Terms and Conditions 1. Payment terms are 30% deposit required prior to any work being started. An additiona130% will be required upon 50% of the work being completed. The remaining 40% will be due upon the completion of the work described above unless otherwise negotiated. 2. Any alteration or deviation from the above scope of work involving extra labor or extra cost will be executed only upon receipt of written orders from the customer and will become an extra. charge over and above the price quoted in this proposal. 3. Customer shall pay Precision Grading Services, Inc. the full sum above for the faithful performance of this contract and all provisions there of. Sign Date 13~ 1.D. Sunny Is/e, Inc. 801 Chello Ave. NE Palm Bay, FL 32905 Estimate Prepared for: Sebastian Airport Attn: ]oe Griffin Estimate Date F~timate # 1/9/2007 4514 Item Description Qty Rate Total Grinding & Mulch... Heavy Brush and vegetative removal and clearing of 62848 0.05 43,142.40 approximately 862,848 sq ft along fence line operational areas and in the Runway Safety area ends for departure and approaching runways Dirt & Grading Removal of fill millings that are pushing on safety area fence I 1,000.00 1,000.00 lines causing a bent and dilapidated fence. This a safety factor that must be fixed, because it allows trespassers to breach fence easier which they have done. -500.00 -500.00 Tree Service Harvesting any manageable pine trees that are in the runway safety area. This is Billed as a credit to the Airport. 325 ~ 325.00 Dirt Relocating small piles of millings and dirt to one location on site. Phone # Fax # E-mail Total $43,967.40 321-508-4444 321-7240804 JasonWadsworth@hotmail.wm Estimates expires 30 days from date of Submittal. 13~ ,l ~#`~~ '~ ~ `. ~, ~~ '~. :,, ~r ~"' 1 p ~ ' f } ~ ixV~ ,~~ 6 ~ ~ ~ 2 !~~`°((~~, ~ Sri. ~~~. _ _t~_.:i4 r~< ' y^ &~'cr~kr+ .~ ~ ~«;~. f.~tcdid+itfb'u~ ~ ~ fv' ~~~ 1 ~ ~_„H~ ,. ~ ~ Yfi .. A~ ~~11~~ S -i4~ Cr f ~ ' a`+f j I 4 ^ j -~I ...~ , ~d' ~ F ~~.p~ iill ~~ ~ ~ ~. ,,. ja ~,R?rd`r !Y ti.,. 1. ~ ~'~ ~ ! ~ `~ ~ ~~ l ~ } ~v~~ ~~t ~ ^"~ ` 4~..~. ~T"i. x ~, M + '~F E \ wL~ r~ ~ : ~ 2 y } a~ ~ w "~; N .,- , y a ~ . >uA,~~: ~~ ~ ~'~U ~3~Rr&~ CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Approval of Craft Club of Agenda No. D7, I0/ Sebastian Craft Show Dates for 2007 - 2008 at Riverview Park Department Origin: ~ ~~ ~='~} Finance Director: _ Approved r Submittal by: City Manager City Attorney: _ City Clerk: _ Date Submitted: May 1, 2007 r inner For Agenda of: May 9, 2007 Exhibits: Park Use Permit Application and letter from Craft Club President. EXPENDITURE REQUIRED: AMOUNT BUDGETED: N/A APPROPRIATION None REQUIRED: None SUMMARY The Craft Club of Sebastian is seeking Council approval for its Craft Show Schedule for 2007- 2008 at Riverview Park. The Craft Club of Sebastian has had shows at Riverview Park for many years and has worked well with the City. The Craft Club has donated to many worthy causes in the community. In light of all the community activities the Club is involved with, the Club is requesting cutting all applicable fees by 50%. This year's show dates are October 6, 2007, November 10, 2007, December 1 & 2, 2007, January 5, 2008, February 2, 2008, March 1, 2008, Apri15, 2008 and May 3, 2008. Shows, are from 9 AM until 3 PM at Riverview Park. Rain dates for this year's shows are October 7, 2007, November 11, 2007, January 6, 2008, February 3, 2008, March 2, 2008, Apri16, 2008 and May 4, 2008. RECOMMENDED ACTION Move to approve cutting all applicable fees by 50% for Craft Club of Sebastian Craft Shows at Riverview Park from 9 AM until 3 PM on 10/6/07, 11 / 10/07, 12/ 1 & 2/07, O 1 /5/08, 02/2/08, 03/1/08, 04/5/08 and 05/3/08. Move to approve rain dates for Craft Club of Sebastian Craft Shows at Riverview Park on 10/7/07, 11/11/07,1/6/08, 2/3/08, 03/2/08, 04/6/08 and 5/4/08. 13a ~~o CRAFT CLUB OF SEBASTIAN P.O.Box 780115 Sebastian. Florida 32978-1776 Mr. Chris McCarthy, Supt of Parks City of Sebastian 11 April, 2007 I am writing to you on behalf of the Craft Club of Sebastian. Once again, we intend to hold monthly craft shows during 2007 and 2008. They will be the same type of handcraft exhibits we have presented for the past twenty five or so years. During this period, we have shared any profits with charities within the Sebastian area as well as previous city projects. It is expected that this practice will continue the amount depending upon the success of our shows and dependent upon the profit above expenses of advertising, park charges and administrative and incidental expenses. The dates requested are the first Saturday of each month, as before, for the months of October through May. Those dates are as follows, with the following Sunday as rain dates. 6 October 3 November* 1 and 2 December** 5 January 2008 Z February 1 March g April 3 May * In case the City Clam Bake is to be held again on 3 November, we request IO November as an alternate date. ** The December show, as in the past, will be a two day show 1 and 2 December. Respectfully submitted, `~'~~ E / ~~Maggard, President 301 Benschop Street Sebastian, Fl. 32958 ~~i i~a tm o~ _ r. ~ . --- =:.. BdC~]Vnr ~F ~ PELiC11i~d 6SL141~ 1225 Main Street, Sebastian, Ft 32958 Telephone (772)589-5330 - Fax (772)589-5570 CITY OF SEBASTIAN PARK USE PERMIT APPLICATION ]Park F+yent- 50 to 300 Attendees X50.00 Application/Permit Fee Please check the appropriate Box: or Special Event - 301 or More Attendees $100.00 Application Fee Date : S-l-O? Name of Permittee: Permits May Only be issued in Name of an Adult or zed Organization Address.: 34! ~~'NSG~/-tJ,,O ~T $'~~~~,~,J Mailing Address: 5~~~ Telephone:_ 3SrSi-/`fyY Name of Organization or Group: Reason for Use: ~/1~-.-,~; ,~S~d~ S' Requested Date(s) ~~e Q r"GC~e~~ Rai n Date : _ S~~ ,fir-},t,~,~{~ Time of Use: From: 7AriJ _ To: .3~,r~ Wilt there be any sate `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 ected or otherwise assembled on back .° I, the undersigned, acknowledge that I am the applic or the au~ sized agent of the applicant. I fiurther acknowledge that I am aware of the provisions of the City of Sebastian Codes in respect to this application and the use of the City facilities for which I have applied for a permit to allow a Park Event or a Special Event. I have made myself familiar with the general rules and rejulations prescribed by the City and agree to the terms of the permit. Appl~ nt/Agent Sign re, Office Use Only: Permit Fee Paid Date initials /~{y Park Application Continued - If Required List an vendor information and/or schematics on this a e. NAME ADDRESS TYPE Schematic: urrl~t u5t UIVLY : 5peC1 a L l.onCll LlOnS OT rerml L a5 KeQU25tetl by L11~V Manager i ~+5 ~~~ 07 /D~ ~~1 WHY DOES SEBASTIAN NEED A DOG PARK? Successful dog parks are in operation all across the country. Benefits abound, but the American Kennel Club cites four key benefits: 1. A dog park is a place where dogs (and Peop/e!J can exercise and socialize safely. Puppies and adult dogs need room to run, and enclosed play areas permit them to do so while preventing them from endangering themselves and others. In addition, dogs who are accustomed to playing with animals and people other than their owners are more likely to be well-socialized and react well toward strangers. 2. A dog- park promotes responsible dog ownership. Dog parks prevent off-leash animals from infringing on the rights of other community residents and park users such as joggers, small children, and those who may be fearful of dogs. Parks also make it easier for a city to enforce its leash laws, as resident dog owners with park access have no reason to allow their canine companions off-leash when outside of the park. 3. A dog park provides an outlet for dog owners to socialize. Dog parks are a great place for owners to meet other people with common interests. The love people share for their dogs reaches beyond economic and social barriers and helps foster a sense of community. Park users also benefit from the opportunity to ask questions of other owners and find solutions to problems they might be having with their pet. 4. A dog park makes for a better community by promoting public health and safety. Well- exercised dogs are better neighbors who are less likely to create a nuisance, bark excessively, and destroy property. Their presence in the park, along with their owners, also may help deter crime. 1N ADDITION, A dog park is cost-effective! Sebastian is a community of people of different ages and interests. The Parks and Recreation facilities of Sebastian belong to ALL of our citizens. We have skate parks for our younger citizens, playgrounds for our children, benches and tables along the river for people of all ages, tennis courts for people of all ages, and many other facilities. The annual expense of operating a dog park maybe compared with the cost of educating one child. To many of us, Dogs are our "Children!" ly8 DOGS' BEST FRIENDS The Dogs' Best Friends citizen's task force was formed at the February meeting of the Sebastian Parks and Recreation Committee. Our goal was to guide in the creation of a municipal dog park in Sebastian, and see it through to completion. It has since been suggested that the group should remain in effect in an ongoing effort to maintain, improve, and sustain the parkin perpetuity. The group has grown from the two charter members to over twenty, in various degrees of activity. Among the specific tasks requested of the group were the following: • Select a site from one of four existing city parks • Determine what is necessary to the initial creation of the park • Determine how the park should operate • Solicit community support, both financial and political • Promote park awareness • Determine park rules of behavior • Assist in the enforcement of these rules Key members of this group, who have attended virtually all of the meetings and site visits, have helped in the preparation of necessary materials, have brought in animal health and behavioral experts to advise the group, etc. are the following: • Jack and Carol Wilson, Co-chairs • Ginny Nichols • Linda Scott • Rich and Diane Haller This group has considerable experience with dog parks, dog training and behavior, Humane Society work, and animal advocacy. You may contact this group by sending email to DoAParkL~hushmail.com, or by calling lack Wilson at 772.539.2600. i~a SITE SELECTION The Parks and Recreation Committee selected four parks in Sebastian that are currently underutilized and in need of improvement. These were given to the Dogs' Best Friends task force as possible sites for the dog park. They are: Keen Terrace, Filbert Street, Adams/Barber, and Schumann Lake Criteria: • At least 3 acres, plus additional room for parking • Primarily grass with limited dirt exposure • Open space for running • Trees for shade • Minimal required clearing • Minimal additional sod required • Free draining • Buffer from adjoining neighborhoods • Access to city water • Not too secluded, for safety reasons The task force visited all 4 sites, including 3 Florida parks for comparison (Wickham Park in Melbourne, Dogs for Life in Vero Beach, and Sanford Dog Parkin Sanford). Based on the above criteria, Keen Terrace was unanimously selected by the task force. RECOMMENDED SITE: KEEN TERRACE IJC OPERATION • Park should be open dawn to dusk If and when lighting can be added, the park could be open earlier and/or later to accommodate dog owners who want to exercise their dogs before and after work. • Admission will be free and open to public If any problems arise in the future, the need for access control can be addressed. The task force observed methods at other dog parks and have discussed methods such as a key card system or a park attendant. • Maintenance will be performed by the City Lawn care, insect and pest control, trash maintenance, fence and equipment repair, park and walk area maintenance, tree clearing and maintenance • Rules will be posted in d conspicuous place or places • Rules enforcement Volunteers and task force members will monitor and educate dog owners about proper dog park behavior and adherence to the rules. Through extensive research, including visiting a number of successful dog parks, the task force has found that many dog parks are not policed, yet operate quite well using peer pressure to control behavior. • Voluntary registration forms will solicit information on both human and canine park users • The task force will engage in public fund raising activities to generate funds for additional features to the park, such as agility equipment • The task force will solicit donations/sponsorship from vets, groomers, dog trainers, pet supply stores, and any individuals who would like to contribute ~5~ PHYSICAL FEATURES • Separate large dog/small dog areas • Separate double-gated entrances for large dog/small dog areas • Fenced "time-out" area • Paved paths for persons with handicaps/senior citizen access • Animal waste bag dispensers • Covered trash cans • Sign at entrance posting rules and hours • 2 water stations, boxed with gravel for drainage, each including a water spigot and hose, plus a concrete platform for a kiddy pool • 1 or 2 water fountains for dogs and humans • Several stationary benches • Kiosk or bulletin board for posting info of interest • "Shovel" station for dog owners to fill holes dug by their dogs • Directional signs on area streets to guide public through neighborhood to park • Cigarette butt disposal box at each entrance • At least 1 shade pavilion • Play/agility equipment for dogs • Misting station to cool dogs and humans • Parking for 24-30 cars The remaining 4+ acres of the park maybe developed for jogging/walking/picnicking, etc. 5~ RULES • All dogs must have current vaccinations, be currently licensed, and must wear their license tags at all times inside the park • Owners are liable for their dog's behavior and actions • Owners must pickup and dispose of their dog's feces promptly • Owners must supervise dogs and children at all times, and children under 8 are strongly discouraged • Dogs must be leashed outside the park • Dogs must be Unleashed inside the park • Dogs over the age of 6 months must be neutered /spayed • Dogs are not allowed to dig -owner must fill holes • Aggressive dogs must be removed from the park immediately • Dogs with a temporary behavior problem should be placed in the time-out area • Puppies under 4 months not allowed • No choke or spike collars allowed • Excessive barking is discouraged • No human or dog food allowed (coffee, soda okay) • No glass or glass containers in park • No smoking, alcohol, or drugs in the park • No bikes, scooters, skateboards, skates, ATVs, etc. in the park • Use of the park is at your own risk • Gates must be kept closed • No business maybe conducted inside the park TH/S /S YOUR PARK! ASK OWNERS TO CONTROL OR REMOVE UNRULY DOGS! X53 c~slz ~ ~v,-v~E 15~-f f ELlC~,1 ~~J.S ~f}2.~ h Ke-~ N Tee R~+c~ l'~xu DOG'S BEST ~RIEIVDS CQMMITTEE ACTIVITIES AS OF APRIL Z3, 2007 • Contacted various dog owners and built a list of interested parties • formed the Dog's Best friends citizens' action group • Met as a group several times • Created a small flyer and posted rt all the local vets, groomers, pet supply stores, and the Humane Society • As a group, visited the 4 candidates sites Arranged a second and third site visit for dog owners who could not make the first site visits' • Kept the interested dog owners informed of progress and condnued to encourage group participation • Visited the Vero Beach Dogs for Life private dog park for a tour and obtained copies of their documentation on how it was developed, plus their registration foam • Visited the Wkkham Dog Parkin Melbourne for a tour and obtafied copies of their document and registration form • Visited the Sanford Dog park in Sanford for a tour and obtained espies of their documentation and registration form • Did Internet research of other dogs parks • Compiled personal experience with other dogs parks • Researched the wst of dog agility equipment and fencing • As a group, brainstormed ideas for fund raising • Met as a group April 17 to discuss and vote on our recommendations • Visited the recommended site and identified the best space for the fenced area and the packing • Had an article about the Dog Park plans in the Sebastian Sun • Prepared a recommendation package • Presented our recommendations to the Parks & Recreation Committee on April 23 155 5~ fllY of ,---:. - - - ~-, - - HONE OF PELtCAI~I ISI~I~II? of Sebastian, Florida Subject: Resolution R-07-16 approving Preliminary Plat for Rohm Commercial Subdivision Submittal by: City Manager Agenda No. ~ ~ ~~J~ Department Origin: Growth Management Purchasing/Contracting: Finance Director: City Attorney: City Clerk: Date Submitted : May 2, 2007 For Agenda of: May 9, 2007 Exhibits: R-07-16, Preliminary Plat, StaffReport, P & Z Minutes, Application, Environmental Report, Tree Survey ~ EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: None REQUIRED: None None SUMMARY Joseph Schulke, P.E. of Schulke, Bittle & Stoddard, LLC, on behalf of Glen Rohm, Daniel J. Brognano, Todd Brognano, William Brognano, and Grand Legacy LLC, has filed for preliminary plat approval for aone-lot commercial subdivision located between the east and west bound lanes of Sebastian Boulevard immediately east of Wimbrow Drive. The property has 4.549 acres of land area and has frontage on three streets. The plat includes a 1.19-acre stormwater easement to contain a stormwater management lake designed to accommodate maximum buildout of the property. A temporary access is proposed on Wimbrow Drive for construction of the stormwater lake and filling of the existing lake. Permanent access will be determined during the site plan review process, when a specific use is identified. The proposed preliminary plat reflects compliance with current CG zoning requirements including minimum lot size and all other dimensional criteria. Per the Land Development Code and established City procedures, the Planning and Zoning Commission held a public hearing at its April 19, 2007 meeting to consider the preliminary plat. The Planning and Zoning Commission, by a vote of 5 - 1, made a recommendation to City Council for approval of the Rohm Commercial Subdivision. RECOMMENDED ACTION Conduct quasi judicial public hearing. "Move to approve Resolution R-07-16, Preliminary Plat for Rohm Commercial Subdivision." X51 X58 RESOLUTION NO. R 07-16 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING THE PRELIlVIINARY PLAT FOR ROHM COMIVIERCIAL SUBDIVISION; PROVIDING FOR CONFLICTS AND EFFECTIVE DATE. WHEREAS, the owners of the subject land have filed an application for approval of a preliminary plat for a commercial subdivision known as Rohm Commercial Subdivision; and WHEREAS, said preliminary plat complies with applicable codes and regulations; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. PRELIlVIINARY APPROVAL. The City Council of the City of Sebastian does hereby approve the preliminary plat Rohm Commercial Subdivision prepared by Joseph W. Schulke, as maintained on file with the City Growth Management Department. 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 to a vote, the vote was as follows: Mayor Andrea Coy Vice-mayor Sal Neglia Councilmember Al Paternoster Councilmember Dale Simchick Councilmember Eugene Wolff The Mayor thereupon declared this Resolution duly passed and .adopted this 9th day of May, 2007. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Andrea Coy Sally A. Maio, MMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney by Councilmember and, i59 ~ (p ~ ~t ~' :~ HQM'E OF PELiCJ~W ISWVLI Growth Management Department Preliminary Plat Staff Report 1. Project Name: Rohm Commercial Subdivision 2. Requested Action: Subdivision Preliminary Plat Approval 3. Project Location a. Address: CR 512-Sebastian Boulevard Sebastian, Florida 32958 b. LegaL• Provided -See Survey c. Indian River County Parcel Number: 31-39-07-00000-3000-00005.0 4. Project Owners: Glen Rohm (1/5) William Brognano (1/5) Todd Brognano (1/5) Daniel J. Brognano (1/5) Grand Legacy LLP (1/5) 7056 Sebastian Blvd. Sebastian, FL 32958 5. Project Engineer: Joseph Schulke Schulke, Bittle & Stoddard, LLC 1717 Indian River Blvd, Suite 301 Vero Beach, FL 32960 (772) 770-9622 Fax: (772)770-9496 6. Project Surveyor: Daniel W. Talbott V., P.S.M. Professional Surveyor and Mapper 2645 St. Lucie Avenue Vero Beach, FL 32960 (772) 569-8884 Fax: (772)-564-2071 1 ~~I 7. Project Description Narrative of proposed action: The applicant has filed for a commercial subdivision preliminary plat for 4.549 acres located between the east and west bound lanes of Sebastian Boulevard immediately east of Wimbrow Drive. The proposed subdivision consists of a single lot, with a 1.19 acre stormwater easement containing a stormwater management lake. The property has frontage on both east and west Sebastian Boulevard .and Wimbrow Drive. A temporary access is proposed on Wimbrow Drive, to facilitate construction of the stormwater lake and filling of the existing lake. Permanent access will be established through the site plan review process, when a specific use is identified. At this time, the stormwater management design is based on maximum impervious square footage of 80%. Public water and sewer are available via connection to Indian River County Utilities, and will be designed during the site plan process. b. Current Zoning: c. Adjacent Properties Zoning North: CG & PS East: CG South: C-512 West: CG d. Site Characteristics (1) (2) (3) (4) (5) (6) (7) (8) (9) l ~~ CG Current Land Use vacant & City Garage residence office & vacant restaurant Future Land Use CG & INS CG C-512 CG Total Acreage: 4.549 acres Current Land Use(s): Vacant Soil: Immokalee fine sand Vegetation: Pine Flatwoods and Borrow Pit Flood Hazard: Zone X Water Service: Indian River County Utilities (future) Sanitary Sewer Service: Indian River County Utilities (future) Parks: Riverview Park -- .3 miles PolicelFire: Sebastian Police -- .7 miles Indian River Fire -- 1.2 miles 2 8. Comprehensive Plan Consistency a. Future Land Use: Consistent b. Traffic Circulation: Consistent c. Housing: n/a d. Public Facilities: Consistent e. Coastal Management: n/a f. Conservation: Consistent g. Recreation and Open Space: Consistent 9. Contents of Preliminary Plat: a. name of subdivision: Rohm Commercial Subdivision b. vicinity sketch: provided c. legal description including section, township and range: provided d. north arrow graphic scale: provided e. date of preparation: provided f. name, address, and telephone of applicant: provided g. name, address, and telephone of owner of record: provided h. name, address, and telephone of mortgage holder: final plat info i. statement that they will join in the dedication: final plat info j. name, address, and registration number of engineer: provided k. name, address, and registration number of surveyor: provided I. name of adjacent subdivisions, if any, including plat book and page number reference: not provided (Sebastian Highlands Block 485 to the south) m. names of owners of record of adjacent acreage: on file n. contour map including a perimeter strip up to 150 feet in width. provided 3 i~~ o. all existing watercourses, drainage ditches and bodies of water, marshes, and other significant, natural or man-made features: provided p. name, aliment and width of all existing and proposed streets, alleys, rights-of-way or easements including name, right-of-way width, street or pavement width and established center line elevations: provided q. all existing and proposed property lines, easements and right-of- ways, their purpose, their effect on the property to be subdivided, and the proposed layout of lots and blocks: provided r. access points to collector and arterial streets showing compliance to the access requirements: provided s. all existing drainage district facilities and the ultimate right-of--way requirements:- provided t. utilities such as telephone, power, water, sewer, gas, etc., on or adjacent to the tract: provided u. a statement that all utilities are available and have been coordinated with all required utilities: provided v. sites proposed for parks, recreational areas and schools: n/a w. location of all temporary structures or permanent structures having a temporary use: provided x. if borders public water, delineate the mean high water line: n/a y. plan for stabilizing shoreline with natural vegetative cover or other environmentally sensitive manner acceptable to DER and the city: provided z. permanent reference monuments shall be shown at all block corners, at all points of reverse or compound curvature, and at all points of tangency occurring with block limiting lines: final plat aa. block perimeter returns at block corners or other block line intersection: n/a 10. Required Supplemental Information a. existing land use policy and proposed policy changes: n/a b. on-site wastewater disposal data: n/a (to be shown on future site plan) ~~y 4 c. d. e. f. 9• h. i. i. access: provided (temporary only -not platted) ii. alleys: n/a iii. blocks: n/a iv. bridges: n/a v. comprehensive stormwater management system: provided vi. easements: provided vii. lots: provided viii. seawalls, bulkheads, piers and docks: n/a ix. soils: provided x. streets: n/a xi. bicycle/pedestrian paths: n/a xii. off-street parking areas: n/a xiii. utilities: future xiv. utility installation: future xv. central water system: future xvi. central wastewater system: future xvii. individual sewage systems: n/a xviii. water and sewage treatment and processing plants: n/a xix. median strips and entranceways: temporary only xx. traffic control devices: n/a xxi. monuments: provided xxii. commercial and industrial subdivisions: provided xxiii. mobile home subdivisions: n/a j. schedule of multiple phases: n/a surface water management plan: provided traffic impact analysis: not provided. Uses are not known at this time. During site plan review traffic information will be required for the project. required park land and/or facility improvements: n/a required potable water improvements: Indian River County Utilities (future) required wastewater improvements: Indian River County Utilities (future) erosion and sedimentation control improvements: provided reference to required improvements 11. Zoning district dimensional regulations: a. minimum lot size: 10,000 square feet provided b. minimum width: 75 feet provided c. minimum depth: 125 feet provided 5 1~5 12. Fee paid: yes 13. City Engineer: Following approval of a preliminary plat, construction drawings must be submitted for review. The City Engineer will then review and approve (if acceptable) the specific construction design of the required improvements. 14. Other Matters: The subject property contains a large man-made lake. The owners wish to fill the lake for future development. Originally, they applied for site plan approval, but could not identify a proposed use, as required by code. Without the use, the application could not be processed. Subsequently, application was made fora one-lot subdivision. This plan identifies the development area of the lot (future site plan) as well as the stormwater management system. An environmental study was prepared by Bio-Tech Consulting, Inc. in March 1, 2005, and updated on March 16, 2007. Off-site wetland mitigation has been approved by SJRWMD. Both St. Johns River Water Management District and Army Corps of Engineers have issued permits for the project. Following approval of the preliminary plat, the applicant must comply with the following provisions prior to consideration of the land clearing application: 1. Construction drawing approval. 2. City of Sebastian right-of-way permit (temporary construction entrance). 3. City of Sebastian De-Watering Permit 4. For the 6.660-acre off-site mitigation, written approval from the recipient site, North Sebastian Conservation Area (Indian River County Conservation Lands Manager). 5. A written detail of the on-site relocation for the Gopher Tortoises. 6. The SJRWMD Consumptive Use Permit, RD5-50 approval, for site- specific applications. This needs to be requested a minimum of 10 days prior to any construction activity. 7. The SJRWMD controls for erosion and turbidity need to be in place, per ERP permit, prior to de-watering. 8. DEP-NPDES Generic Discharge Permit or waiver, for analysis of pollutant/contaminants of lake prior to de-watering. 15. Conclusion: The proposed one-lot subdivision is consistent with the Land Development Code, Comprehensive Plan and Code of Ordinances. 16. Recommendation: Staff recommends that City Council approve Resolution R- 07-16 approving the preliminary plat for the Rohm Commercial Subdivision. EPARED B r~~ _ 6 vr-' Z - y7 DATE PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF APRIL 19, 2007 Ms. Grohall gave a presentation on colors in the overlay district, the same one that she gave to city council. She noted that there are nearly 400 colors to choose from in the city's color wheel. She added that several properly owners have been turned down for the shade of yellow Mr. Mulford was requesting. Mr. Stringer added that the application before the commission is for a waiver. The city does not have nullification where you can just not follow a law because you don't like it. In order to grant a waiver you will have to decide that a strict interpretation of the requirements of this article, i.e. the color wheel, places an inordinate burden on Mr. Mulford as defined by Florida statutes. He then read the statutes' definition of inordinate burden. Mr. Stringer wanted it noted for the record that the photos Mr. Mulford wanted to put into the record were not accurate depictions of building colors on CR512 and Mr. Mulford admitted it might not be accurate. He explained he reason for wanting to use the yellow paint. After discussion about how the colors are selected for the wheel, wall and trim colors, and if there were any Mr. Mulford would be satisfied using, Mr. Paul asked if Mr. Mulford had already purchased paint, he answered he had purchased four (4) gallons. It was then discussed if the purchased paint could be tinted to comply with the color wheel however, Mr. Mulford was not incline to do that. After further discussion Mr. Mulford said he would not repaint his building and leave the existing color on it. As Mr. Mulford would not withdraw his application an action must be taken. MOTION by Paul/Simmons to deny the waiver of the C-512 Overlay District Color .Standards for Mr. Mulford's building. During commission discussion Mr. Mahoney felt the color chosen by Mr. Mulford was acceptable and he should be allowed the waiver. Chmn Allocco wanted commissioners to view the photos Mr. Mulford had however, Mr. Stringer said Mr. Mulford must swear under oath that they fairly and accurately represents what he personally saw at the site when he took the pictures; Mr. Mulford swore under oath they were photos he took with a Kodak digital camera. The bright yellow on the Appliance Direct building was discussed.. Ms. King explained that was painted when the department was between directors and there was some confusion about wall and trim colors and unfortunately a trim color was selected for the building color. Mr. Paul suggested Mr. Mulford withdraw his waiver application as he had not invested a large sum of money. Mr. Mulford wants to pursue the waiver on principle. ROLL CALL: Mr. Mahoney no Mr. Morrison no Chmn Allocco yes Mr. Cardinale yes Mr. Simmons yes Mr. Paul yes The vote was 4-2. Motion to deny was approved. D. PUBLIC HEARING - RECOMMENDATION TO CITY COUNCIL - PRELIMINARY PLAT -ROHM COMMERCIAL SUBDIVISION - 4.5 ACRES - 1 LOT -LOCATED WITHIN THE 512 TRIANGLE - CG ZONING AND LAND USE Chmn Allocco opened the hearing and swore in all those to speak. Representing the application was Joseph Schulke, Schulke, Bittle & Stoddard, Vero Beach, FL. One of 3 i ~~ PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF APRIL 19, 2007 the issues with the property is the lake that the applicant is proposing to fill and relocate. They have obtained the SJRWMD permit and Corps of Army Engineer permit. They have assumed 80% impervious surface development area. Ms. King added that the subdivision doesn't identify the road because the site has frontage on three streets. What you are basically looking at is a master storm water system for aone-lot subdivision. Because of the environmentally sensitive nature of the site, growth management has asked for all permits to be obtained up front, which they have done. Staff recommends approval of the application. There was extensive discussion regarding the de-watering process and environmental concerns. Mr. Mahoney had reservations on the environmental issues of the site. MOTION by Morrison/Allocco to recommend city council approve the preliminary pat for the Rohm Commercial Subdivision located on CR-512. ROLL CALL: Chmn Allocco yes Mr. Mahoney no Mr. Morrison yes Mr. Simmons yes Mr. Cardinale yes Mr. Paul yes The vote was 5-1. Motion carried. (At approximately 8:15 p.m. there was afive-minute break) E. PUBLIC HEARING -RECOMMENDATION TO CITY COUNCIL -SITE PLAN - 729 SEBASTIAN BOULEVARD - CHESSER'S GAP SHOPPING CENTER - 6,000 SF RETAIL - SHERWIN WILLIAMS PAINT CENTER -PUD-C ZONING DISTRICT Representing the applicant was Joseph Schulke of Schulke, Bittle and Stoddard, Vero Beach, FL. Mr. Schulke gave a description of the site and its location. Ms. Bosworth offered a few more site details and the history of the property. Overlay district and PUD compliance was discussed. Ms. Bosworth also explained because the site was located within a Planned Unit Development the site plan will need to be approved by City Council. The commissioners had some questions about the architectural design, ingress and egress, loading dock, landscaping, emergency vehicle access, and fire suppression: Ms. Bosworth noted that recorded copies of the abandoned and relocated stormwater easements should be received before building permits are issued. MOTION by Morrison/Allocco to recommend to city council the approval of .Sherwin Williams Paint Center located at 729 Sebastian Boulevard. ROLL CALL: Chmn Allocco yes Mr. Morrison yes Mr. Simmons yes The vote was 6-0. Motion carried unanimously. CHAIRMAN MATTERS- NONE I~8 4 Mr. Cardinale yes Mr. Mahoney yes Mr. Paul yes ~~, , T=~V City of Sebastian HOAiF~vFUCex u~,wn Develetlmpnt nrrlr~r Ann~lr~~finn Permit Application No. A licant If not owner, written authorization notarized. from.owner is re wired Name: Address: ~ ~~ ~ ~/~. ri ~~ ~ ~ E ~~ ~a 3z Phone Number: (~~Z) ~')p -~bZ2 FAX Number: (~7y) ~~U - ~~q~ E-Mail: ('~ S ~ G~.J I~ti ~ t~'F1. Owne ~ if different from a licant Name: lP.,vt ~ d WiC '`'rn rta,n a.n. "c-o n,~~ ,~ Address: fi n 6~1 ~ ~ `fiQ,~1 ~._ ~~~ ~ Etran d 1~c~ ~ Phone Number: (-~~Z) Zz ~ - C~`l ~ll~ FAX Number: ( ) _ E-Mail: Title of permit or action requested:' ~i rY~.t ~lU,r~.E ~~~' ~n~n~ ~r~ PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES Ct?F ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AIVD 8-'t/2° BY 1~1° COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project Name (if applicable): ~ ~~k~t~1 ~~f'I~/n~~ZCi~G S ~f~ e ~:._ .__-----~- ~..,,,. Address: `~ i rU~ ~r i q- 12 Lot: ~f31oc1c: 'Unit: Subdivision: Indian.RiverCounty Parcel #: Zoning-Classification: C ~ ! ~ Future Land Use: Existing Use: Proposed- Use: ~' `' ~ ~ ' ~ C? `~ C. Detailed description of proposed activity and purpose of the requested permit or action (attach e x t ra sheet s if necessarv l• 1 J/ ~ /~ / ~l /y -1.~ `~~I~S-~{~ I1 ~~'. SJl ~4 ^~/'~/•~ /~ /~ {t//~~ (~~•~ P~ Jsi 4~/A~f /~f/V X~~~J ~~ /~M~ 1 i.Y1Q~#' .~P V~~ r0 . DATE REGEtVED: ~ !~/U ~ ~ FEE fl"AfD~: $ L~ -L~ ~~fZEG~ECf $ ~ . Received ~ -. I ~ MAY 2005 ~ • ;, ~ PbZ ~ ~~ ~ Growth Mgrlt ~ .~`,glSL~~ L`~O~6~f~ '-»~v , Permit Application No. D. Pro)E Agen Name: ;onnel: C~,Ih!1 G e :( ) _ .., . Name: i~l f~~- Address Phone Number. ( ) _ E-Mail: Engineer: Name: , n,~? ~t~Q.~P_ ~ it~P ow Phone Number: (~(~) 7~p - ~ (022 E-Mail: S-bSe~,~~R.t~li v~~ ~'if Surveyor: Name: _ ~..~Ael - `~ Address Phone Number. (-lZZ.) ~~ _ E-Mail: FAX Number: ( ) _ Number: ( ) _ ~i.`~G ~ ~ ~/ ~ ~c Number: (Z72) 'Z?0 _ ~"'~~~p FAX Number: (~-~Z )~c.j - a~~'.~ I' f'~'v~" .- ,BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: _ 1 AM THE OWNER V AM THE LE AL REP ENTATI THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICATION, THAT AL INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE ACCURATE A TRUE TOT T OF MY KNOWLEDGE AND BELIEF. SIGNAT , E DATE /~ SWORN TO SUB RIBED BEFORE ME BY JO ~~h ~ r ~~~~~~ WHO IS P ONAC KNOWN TO ME~OR~PRODUCED ' AS IDENTI CATI ,THIS DAY OF ~ 20 NOTARY~S IGNATURE .~t~`rnuB',, """ William Stoddard PRINTED IVAIVIE OFNOTARI' _ ' ~ ~'' COIIIDllSS10II #DD40j$$9 ,~ r'~ I ~:~•'~, Ex Tres: A r 12 2009 COMMISSION NO./EXPIRATION - P BondedpTluu SEAL: '';~6'oiF:.o~' s '„ ~ ~ ~,~ Atlantic Bonding Co., Inc. ~~~ 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) / ~E LEGAL REPRESENTATIVE OF THE OWNER(S~ OF THE PROPERTY DESCRIBED HICH IS "' THE SUdJECT~OFTHIS ArrCICATION;"HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE'''y-(Qi~'i~, ~' Z , ~[ [`Gf/~'G`jCi 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 WANE ANY OBJECTION OR DEFENSE 1/WE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARDICOMMISSION 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 ONSENT EING SIGNED BY MENUS VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMISE DE, BY' NY L'OYEE, AGENT, CONTRACTOR OR OFFICIAL'OF THE CI OF SEBASTIAN. SI ATURE DA Swom and ubscribed before me by ~ ~~ ~ , ~~ I~o~ P, who i pets ally known to me or produced as i nti a on, this day of lMR~/ , 20 p~ ~t-~YP~,, William Stoddara Notary's Signature °~ - ~Ommissian#~D401g89 Printed Name zSf~Notary NVi a: ~l"~; Expires: A r 12 Commission No./Expiration ,~~....~; ~~~,~, 2009 ~~~~OF'F„~~ Seal: Atlantic Bonding Co., Inc. i ~' Permit Appligtion No. "~`~ Supplemental Information ~~~~'' ~ y Preliminary Plat Approval ,~~ - - _.,~ - - HOME OF i'EL{CAN- ISIJAND 1. The~following information is required on all preliminary plats: / a. A vicinity sketch showing the location of the boundary lines and distance of / the-land proposed for the subdivision in reference to other areas of the city. y . b. A north-arrow, graphic scale, and date of preparation. l C. The name of adjacent subdivisions, if any, and the plat book and page reference, together with the names of the owners of records having interest in adjacent acreage. / d. The names, alignment, and width of all existing and proposed streets, alleys, rights-of--way or easements adjacent to or within three hundred (300) feet of the proposed subdivision including name, right-of-way width, street or pavement width, and established center line elevation. F~cisting streets shall be dimensioned to tract boundary. ~. All existing and proposed property lines, easements and rights-of--way, their .purpose,.their.effect on.the-property.to. be subdivided,. and-the-proposed layout of lots and blocks. / f. Access points to collector and arterial streets showing their compliance to i access-requirements. /g/. -Ail~existing-drainage~facilities. ~! .h. Existing and proposed utilities such as telephone, electricity, water, sewer, gas, etc. on or adjacent to the tract. The preliminary plat shall contain a statement that all utilities are available and have been coordinated with the required utility departments. 1~ i. Site for proposed parks, recreational areas and schools. -J,~. j. The location of any temporary structures or permanent structures having a temporary use. ~ ~ k. If the proposed plat borders upon any public water bodies, delineate the .mean- high-water line. I. -Permanent reference markers shall be shown. ~ ~~- Permit Application No. 2. Attached the following: a. Six copies of the preliminary plat. (Two sets must be sealed.) b. The name, address and telephone number of the mortgage holder or any other person having a legal equitable or beneficial interest in the land together with a .statement from such that they will join in the dedication of the proposed subdivision. '~• c. A surtace water drainage facilities plan certified b an engineer registe ed in .the State of Florida. ~~1/1 ~v~o t1~ ~'~~9tYll~t-~~ ~~ ~~~~- ~A~,{ y~ ~ ) . d.. A. land .survey with .complete legal description. prepared . nd. certified. by a registered surveyor. (.p~v to v 5c~ ~ ~~l191 +t r ~ ~ ~ t ~ ~ r~. t~k ~ ; ~ ~ f -e. A traffic impact analysis, if required. '~ f; An erosion/sedimentation control plan. ~- ~7~ v t~v ~•t~ ~;;~r3 ~ 1 ±~ g. A contour ma showin ~~ ~' r ~~G ~~~ °~ P g ground elevations at intervals of not more than one foot of the' area to' be subdivided and of a perimeter strip at least fifty (50) feet and up to one hundred an fifty (150 fe in~nridth round the area. ' 17~~vte7t~l,~ ~ ~ ~h. A statement concemin re uire ~~~/ 5d~~. ~~~~ improvements or on-site w ste d potable water ir~iprovements, wastewater water disposal data. ~~ i. A schedule for multiple phases, if appropriate. - j. A list of the names and addresses of all owners of parcels of real property within three hundred (30Q) feet of the parcel to be considered. X13 ~~~ QII[ OF ~~~~~~ l 4 .. _I: HOME OF PELICAN ISLAND Subject: Resolution R-07-17 approving a site plan for Sherwin Williams Paint Store in the Chesser's Gap Commercial PUD for Submittal by: City Manager AI of Sebastian, Florida Agenda No. ~? ~~ T Department Origin: Growth Management Finance Director: City Attorney: City Clerk: Date Submitted : May 2, 2007 For Agenda of: May 9, 2007 Exhibits: R-07-17, Staff report, Traffic impact study supplement, Application, PUD conceptual plan, P&Z minutes, I Site elan, Architectural elevations and floor plan, Building colors EXPENDITURE REQUIRED: None AMOUNT BUDGETED: None APPROPRIATION REQUIRED: None SUMMARY GEC Florida, LLC has filed for site plan review for a proposed development of a Sherwin Williams Paint Store to be located on a .64 acre tract within Chesser's Gap PUD. Because the project is located within a PUD, the site plan requires City Council approval. The site plan should be given consideration that it is in accordance with, or that it meets the intention of the previously approved revised conceptual plan for the PUD development. The proposed development, located on the southeast corner of the intersection of Fleming Street and CR 512, west and adjacent of the existing Exxon Gas Station, is for construction of a 6,000 SF retail building together with associated parking, water and sewer service, drainage, and landscaping. Access to the site will be accomplished from existing entrances on the Exxon Gas Station and adjacent Elks Club sites. Proposed stormwater drainage for the site will be accomplished via atie-in to the existing Chesser's Gap master stormwater system as approved by SJRWMD. The Planning and Zoning Commission at their regular meeting on Thursday, April 19th, 2007, recommended approval of the site plan. RECOMMENDED ACTION Conduct quasi judicial public hearing, and move to approve Resolution R-07-17, approving the site plan for Sherwin Williams Paint Store with two conditions. ~~~ i?~ RESOLUTION NO. R-07-17 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RNER COUNTY, FLORIDA, APPROVING A SITE PLAN FOR THE SHERWIN WILLIAMS PAINT STORE WITHIN CHESSER'S GAP PUD; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City has received an application for site plan approval .for a proposed Sherwin Williams Paint Store; and WHEREAS, the site is located at 729 Sebastian Boulevard and lies within the approved Chesser's Gap Planned Unit Development located at the intersection of Fleming Street and CR 512; and WHEREAS, on April 19, 2007, the Planning and :Zoning Commission recommended approval of the site plan; NOW THEREFORE,- BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. SITE PLAN APPROVAL. The City Council of the City of Sebastian does hereby approve the site plan within the Chesser's Gap Planned Unit Development for the Sherwin Williams Paint Store as prepared by Schulke, Bittle & Stoddard, LLC, with a latest revision date of 2/16/07, and 4/13/07 on Sheet 6, and maintained on file with the Growth Management Department, subject to the following two conditions: 1. The landclearing permit will not be issued until recorded copies of the abandoned and relocated stormwater easements are received by the City. ~~1 2. A Certificate of Occupancy for the completed building will not be issued until a preliminary and final plat has been approved. Section 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Andrea Coy Vice Mayor Sal Neglia Councilmember Al Paternoster Councilmember Dale Simchick Councihnember Eugene Wolff The Mayor thereupon declared this Resolution duly passed and adopted this 2007. ATTEST: Sally A. Maio, MMC City Clerk CITY OF SEBASTIAN, FLORIDA By: Mayor Andrea Coy Approved as to form and legality for reliance by the City of Sebastian: I~8 Rich Stringer, City Attorney day of ~r~ ~~~~~ HOME OF PELICAN TSTAND Growth Management Department Site Plan Review Staff Report 1. Project Name: Sherwin Williams Paint Center 2. Requested Action: Site plan approval fora 6,000 SF retail store along with required parking, stormwater, and landscaping 3. Project Location a. Address: 729 Sebastian Boulevard b. Legal: See site plan. c. Indian River County Parcel Number: 31-38-13-00000-1000-00001.4 4. Project Owner: GEC Florida, LLC 6714 Pines Boulevard Pembroke Pines, Florida 33024 (954) 499-8663 fax: (954) 499-8665 5. Project Agents: Joseph W. Schulke, P.E. 5. Project engineer: Schulke, Bittle & Stoddard, LLC 1717 Indian River Boulevard, Suite 201 Vero Beach, Florida 32960 (772) 770-9622 fax: (772) 770-9496 7. Project Surveyor: Bloomster Professional Land Surveyors, Inc. 791 Northeast Dixie Highway Jensen Beach, Florida 34957 (772) 334-0868 fax: (772) 334-5283 8. Project Description a. Narrative of proposed action: The applicant has applied for site plan approval within the Chesser's Gap commercial PUD. The proposed project is fora 6,000 SF retail building located at the southeast corner of the intersection of Sebastian Boulevard (CR 512) and Fleming Street, along with the required parking, landscaping, and stormwater drainage system. Access to the site will be from CR 512 from the adjacent Exxon gas station entrance, (~ 1 and from Fleming Street from the Elks Club driveway. Proposed water and wastewater service to the site will be accomplished via connection to Indian River County Utilities. b. Current Zoning and Land Use: PUD-C (Planned Unit Development -Commercial) CG (General Commercial) c. Adjacent Properties Zoning Current Land Use Future Land Use North: Seb. Blvd. Arterial Roadway East: PUD-C Gas Station CG South: PUD-C Elk's Club CG West: PUD-C Bank CG d. Site Characteristics (1) Project Area: .64 acres (2) Current Land Use(s): Vacant (3) Soil: EauGallie & Immokalee (4) Vegetation: None (5) Flood Hazard: Zone X (6) Water Service: ~ Indian River County Utilities (7) Sanitary Sewer Service: Indian River County Utilities (8) Parks: Riverview Park - 2 mile /80 (9) Police/Fire: 9. Comprehensive Plan Consistency a. Future Land Use: b. Traffic Circulation: c. Housing: d. Public Facilities: 2 s BSSC - 1.5 miles Indian River Fire -1.5 miles Sebastian Police - 2 miles consistent consistent n/a n/a e. Coastal Management: n/a f. Conservation: consistent g. Recreation and Open Space: consistent 10. Con tents of Site Plan: a. lot configuration: provided b. finished ground floor elevation: 25.17' c. contours and designated number of dwelling units: 0 d. square footage of project area: provided - 28,091 SF e. building coverage: 6,495 SF = 23.1 f. square footage of impervious areas and open area: impervious 20,872 SF = 74.3% (75% maximum) open 7,219 SF = 25.7% (25% minimum) g. setbacks: provided - in compliance with zoning regulations Required Proposed Front (CR 512): 40' 77,67 Front (Fleming St.): 0' 14.50' Side: 0' 38.50' Rear: 0' 45.33' h. scaled drawings of the sides, front and rear of the building or structure: Provided i. generalized floor plan indicating uses and square footage of each proposed use within each building or structure: provided j. Building exterior construction materials and color: provided k. building height: .provided: 31.58'. I. location and character of all outside facilities for waste disposal, storage areas, or display: Provided -rear dumpster, screened with additional landscaping m. location and dimensions of all curb cuts and driveways: provided (~ I 1 3 n. number of spaces with their location and dimensions: provided Parking Required: Retail between 5,000 -10,000 sf: 1 space/200 sf X 6,000 sf = 30 spaces Parking Provided: 30 spaces (24 regular, 4 compact, 2 H/C) o. details of off-street parking and loading areas (including requirements of Article XV): provided p. all off-street vehicular surtaces available for maneuvering: provided q. surface materials: provided r. number of employees: undetermined s. type of vehicles owned by the establishment: undetermined t. If there is a combined off-street parking facility quired agreements: Access agreements with the ad'acent ~ re (Elks Club and Exxon) were executed and recorded in 1997 Pedy owners u.. Location of all pedestrian walks, malls, yards and open spaces: provided v. location, size, character, .and height or orientation of all signs: Location provided - Non-conforming pole sign (hurricane-damaged Exxon sign) has been removed. New monument sign for Sherwin Williams will be in the same location. Size, character, and height of new sign will be reviewed through the sign permit process. w. location and character of landscaped areas and recreation areas: provided x. location, design and character of all public, semi-public, or private utilities: provided y. location, height and general character of perimeter or ornamental walls, fences, landscaping: provided z. surface water drainage facilities plan certified by an engineer or architect registered in the State of Florida: provided -stormwater will be directed into the master stormwater system for the Chesser's Gap PUD, which was designed for maximum build-out of the total PUD and can accommodate stormwater from this project. aa. location of existing easements and right-of-way: provided -portions of the existing stormwater easement are being abandoned and re- located. Legal documents accomplishing this are being executed but 102 4 have not been recorded. The landclearing permit will not be issued until recorded copies are received by the City. bb. Land survey with complete legal description prepared and certified by a registered surveyor: provided cc. Verified statement showing each and every individual person having a legal and/or equitable ownership interest in the subject .property: provided 11. Site location and character of use: provided 12. Appearance site and structures: a. harmonious overall design: yes b. location and screening of mechanical equipment, utility hardware and waste storage areas: provided c. commercial and industrial activities conducted in enclosed buildings: yes d. exterior lighting: provided -outside lighting on the building and in the front parking area. 13. Access, internal circulation, off-street parking and other traffic impacts: a. ~ internal circulation system design and access/egress considerations: provided b. separation of vehicular and pedestrian areas: provided 14. Traffic impacts: Provided - a full traffic impact analysis study and statement are on file. The project does not increase the 'LOS for Fleming Street or CR 512 to require improvements. 15. Open space and landscape (including the requirements of Article XIV): a. Name, address and phone number of the owner and designer: provided b. North arrow, scale and date, minimum scale of one inch equals fifty (50) feet: provided c. Property lines, easements, and right-of-way with internal and property line dimensions: provided d. Location of existing or proposed utility service: provided 5 i~3 e. Location and size of any existing or proposed structures: provided f. Location and size of any existing or proposed site features, such as earthen mounds, swales, walls and water areas: provided g. Location and size of any existing or proposed vehicular use area: provided h. Location and size of any existing or proposed sidewalks, curbs, and wheel stops: provided i. Location of sprinkler heads, hose bibs, or quick cupplers and other information on irrigation: provided j. Calculations of required type, dimensions and square footage of landscape materials and of required landscape areas, including: total site area, parking area, other vehicular use area, percentage of non- vehicular open space, perimeter and interior landscape strips, and required number of trees: provided k. Location of required landscape areas and dimensions: provided I. Location, name, height and size of all existing plant material to be retained: provided m. Location, size, height and description of all landscape material including name, quantity, quality, spacing, and specified size and specification of all plant materials: provided n. Height, width, type, material and location of all barriers of nonliving material: provided - dumpster screening o. Location, dimensions and area of landscaping for freestanding signs: Provided p. Show all landscaping, buildings, or other improvements on adjacent property within five (5) feet of the common property line: provided 16. Required screening of abutting residential and nonresidential uses: n/a 17. Flood prone land and wetland preservation: n/a 18: Surface water management: provided 19: Available potable water: Indian River County Utilities 20: Wastewater service: Indian River County Utilities 18~f 6 21: Soil erosion, sedimentation control and estuary protection: provided 22. Performance Overlay District Requirements: Provided - The proposed site plan meets the intent and requirements of the CR 512 corridor vision. The original proposed flat-roofed building has been redesigned to include a sloped roof along with architectural doorway features. The blank, unarticulated rear wall has added foundation shrubs and trees for embellishment and additional landscaping around the dumpster screening. Proposed colors are in the Overlay District master color list. 23. Additional considerations: Commercial Planned Unit Development Requirements: a) Easy access from collector and arterial streets, which this property is in compliance with both. b) The retail use conforms to the purpose of the PUD and is compatible with all uses, existing or proposed in the vicinity. c) Safe and convenient internal vehicular circulation has been provided. d) The site is designed with safe entry and exit from the front and rear of the building. e) Sidewalks and open space provided. Site plan approval is one part of the preliminary plan process in a PUD, which also requires a preliminary and final plat for the area of the PUD being developed. Staff suggests that a condition of approval of the Sherwin Williams site plan be that a Certificate of Occupancy not be issued until a preliminary and final plat be reviewed and approved by City Council. Disposal of paint products was questioned by staff. The applicant stated in a letter response "What little material we must dispose of is held in a 55 gallon drum and picked up by a third party contractor for disposal. This typically is mis- tinted paint which cannot be resold in a reasonable time frame. A typical store only generates 2-3 drums per year." IRC Fire Department, IRC Utilities Department, and Environmental Health Department comments have been addressed. 24. City Engineer's review: Applicant has addressed all engineering comments. 25. Conclusion: The proposed 6,000 SF retail development is consistent with the Comprehensive Plan, Land Development Code, CR512 Corridor Overlay District Requirements, and intent of PUD-C zoning, districts. 26. Recommendation: Staff recommends approval of the proposed site plan with the following conditions: b5 1) The landclearing permit will not be issued until recorded copies of the stormwater easement abandonment's and relocation's are received by the City. 2) A Certificate of Occupancy for the completed retail building will not be issued until a preliminary and final plat has been approved. ~an^, "~" "'_ S t o PREPARED BY DATE 18~ a ^ ~ ^ Kimley-Horn ~ and Associates, Inc. February 27, 2007 Ms. Rebecca Grohall, AICP Director of Growth Management City of Sebastian 1225 Main Street Sebastian, Florida 32958 Re: Sherwin-Williams Traffic Impact Study Dear Ms. Grohall: This correspondence- serves to provide supplemental analysis for the aforementioned traffic impact study. Based on City of Sebastian Land Development Code, the minimum level of service (LOS) standard for Fleming Street between Main Street to CR 512 and north of CR 512 is LOS "D". Table 1- Roadway Link Level of Service Analysis provides an analysis of Fleming Street. Under existing conditions all Fleming Street roadway links operates at LOS "C". These roadway links continues to operate at LOS "C" under background (without project traffic) and full development (with project traffic). The results of this supplemental analysis indicate that City of Sebastian level of service standards for the adjacent roadway network serving the project can be maintained with the Sherwin-Williams development in place. If you have any questions please feel free to contact us. Sincerely, enclosure :IATES, INC. H:\47733000\City of Sebastian Supplemental Analysis.doc ^ TEL 772 562 7981 FAX 772 794 9368 ^ Suite &100 120119th Place Vero Beach, Florida 32960 S? ~`3~ to c ii~a` c aNi ~ ~ o '~ x~ _d Q ~'D Y R 188 D .3 ~ c E ~ a .. o v m > 'o pa` d N a 'o F a ~a a 3 U U U U N C 1 O H a ~ O 0f O ap h N N a0 O) 4~ t0 m a` v 5 ~i $ 3 'a c Q v m Y N O ~ A m N m e E o ~ Y O m ~ N 0 J C N W Y Y m C ~ a~ ~ c o ~ N ~ ~ W N ul N y E a~ ~ 0 ~~ N ~ 7 ~ U C C 7 U C (Y) •3 m v t6~N N C~ N c E m J C 3 2 U C7 N C l0 .. 7 ~ O N O) 7 Y T N ~ ~ ~p (0 m ~ ~ ~ ~ O Op j c0 ~ o p 'p C O ~ U ~ in m ~ Q m aNi c m ~U m ~ o ~ ~ > ~ ~ ~ ~ w O m v x C 'C h ~ p E •X a ~ ~ E w p F- 2 C C G p U p C y 2 a 2 ~ ~p 7 7 7 ~w ~ ~ ~ E OF' m m m ~ ± Z m m m ~ PROJECT MATRIX PM PEAK Amual Background 0.103 LOCATION NUMBER INTERSECTION DESCRIPTION Approach/ PFiF Approach Raw EXISTING CONDITIONS Approach Bxkground Growlh Vesled Vesletl P o d B k BACKGROUND SRe Sks Ske SNe FULL Movement Tuck Vdumea DlstribuBon r,. Pmlecl r Je Voumes ac ywnd Volumes CONDITIONS Eller ExN Tripe Trips Ske DEVELOPMENT Number % PSCF Splk a' ' v* .' Vdumsa~ DisOCruled Enter - Exk ~~ ~~ Trips CONDITIONS A 8 C „_ ,,,_, k D E F DLsI. % Dlst % 9 ~ 10 t CR 6171 EJ24/2008 I'SCF O H I J K L M N Flem Strad 4:30 PM PSCF SR 101 ottr 1W 85 OB 0a6 7 0 7 75 ':~5~ a.. ~ . <,.S n:. 1 ~' 1" .~ .,. ~~ ~ ~ . , i.. ». 37 [ 26 :. I _ <.. °- a~• . r r ] ~:.: s ~ ti _ .: . q "I 0% 0% " 0.00 .0.00 0 75 3L ,'~ti'R 103 ..* t a, as ae> _t5? 43 '. ~eu~"- 45 e5 0,30 a ~ 5 a ~ i ~ ~ - 6 41 50 u% 0°a _:111 CwX 0.00 ' 0.00 0 41 50 n . . i ~^ 'a 588 07 ' , ~ s as r.we «~91~ ~ . ~.,: ~~ g3 "Jib x a t a, ?E ~•`' ~ z ~ 78 • i ~ ~ e~ a _ _ ~ I . 9 B14 o'cl 09i 0.00 0.00 0 814 uR i 7 92 1'n 51 54 ., 0 3'+ Ate - L. 2 a'. B2 .55961 .~; . ': ~~ 9g t~, :: K2Yt ~ 10d y~.;i 41 . i :4 ~ 9 80 /ti ra, n Op 0.00 0 80 . ._. r,~ y t ea e3 ae a -- ~ ~ 46 x G7n . :7x ~. `. ~. ~;. ~ . t ~ , . ~ A ' s~ ` 70 , o 0 ~ . T ° 73 e~ i~ o.DO 3.50 a n =r t.tt a3o 4sz n7e , aA- 1 _s ~ ~. 77 oti. ':~ r ~~ 61 -~ ~ ~ a~ '. ags ,s.l ox 3.t5 o.a0 3 aea 5 5g C% C% ~ 58 I~q ^~^ Kimley-Horn ~ and Associates, Inc. Job Designed by -- i ,__. _ i ~ ~ ~ _.._ ~ ~ ~. :. i ; I ~__ . _. T-- - _.. ~ I_.. __. ~ Subject Sheet No. of - Job No. Date Checked by Date Kimley-Horn & Associates, Inc. 601 21st Street Suite 400 File Name : CR 512 & Fleming Street 05-24-06 PM Vero Beach, FL 32960 Site Code :99999999 Start Date :5/24/2006 Page No : 2 Fleming Street CR 512 Fleming Street CR 512 Southbound Westbound Northbound Eastbound Start Time Rig Thr Left Tru App. Rig Thr Left Tru App. Rig Thr Tru App. L ft Rig Thr Tru App. ht u ck Total ht u ck Total e ht u ck Total ht u Left ck Total Peak Hour F rom nd•M PM to r15•d~, Pnn _ Pca4 ~ .,F , Intersecti n 04:30 PM Volume 65 35 43 1 144 Percent 45.1 24.3 29.9 0.7 04:30 Volume 14 15 12 1 42 Peak Factor High Int. 04:30 PM Volume 14 15 12 1 42 Peak Factor 0.857 81 539 72 16 708 11.4 76.1 10.2 2.3 20 131 22 6 1791 51 39 63 2 155 32.9 25.2 40.6 1.3 15 10 20 1 46 04:45 PM 13 14 20 0 47 0.824 67 430 51 12 560 12.0 76.8 9.1 2.1 16 103 10 4 133 04:45 PM 16 114 17 1 148 0.946 emmg Out In Tofal 171 144 315 65 35 43 1 Right Thru Left Truck O N ~ m ~ J '(` '0 M ~ O ~ S co,~ ~ North a ' - 2 r ,_, r 24/2006 4:30:00 PM ~ ~ ~ fO !24!2006 5:15:00 PM r ~ N n ~ j' ~ x ~ ^' ~ N U r 2 Unshifted '~ ~ N O ~ F A r fA I N - ~ ~ ~ T r Left Thru Ri ht TnKk 63 39 51 2 174 155 329 Out In Total t 05:00 PM 21 171 16 3 211 0.839 Int. Total 1567 400 0.979 ~qi Kimley-Horn & Associates, Inc. 601 21st Street Suite 400 File Name : CR 512 & Fleming Street 05-24-06 PM Vero Beach, FL 32960 Site Code :99999999 Start Date : 5!24/2006 Page No : 1 Fleming Street Southbound _.__ _ CR 512 Westbound .......... .........., ,.,. g Flemin Street Northbound CR 512 Eastbound Start Time Right Thru Left Truck Right Thru Left Truck Right Thru Left Truck Right Thru Left Truck Int. Factor 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1 0 1 0 1 0 Total 04:00 PM 26 8 10 1 13 111 23 5 11 7 19 1 15 . . 89 16 . 0 355 04:15 PM 15 9 7 0 18 127 12 7 15 11 10 0 13 85 9 4 342 04:30 PM 14 15 12 1 20 131 22 6 15 10 20 1 16 103 10 4 400 04:45 PM 16 9 9 0 17 116 20 4 13 14 20 0 16 114 17 1 386 Total 71 41 38 2 68 485 77 22 54 42 69 2 60 391 52 9 1483 05:00 PM 13 6 14 05:15 PM 22 5 8 05:30 PM 10 5 8 05:45 PM 19 7 3 Total 64 23 33 Grand Total 135 64 71 Apprch % 49.5 23.4 26.0 Total % 4.6 2.2 2.4 0 21 171 16 3 7 7 7 0 23 121 14 3 16 8 16 0 26 114 25 6 14 7 16 1 13 114 4 2 6 14 12 1 83 520 59 14 43 36 51 3 151 1005 136 36 97 78 120 I 1.1 11.4 75.7 10.2 2.7 32.6 26.2 40.3 0.1 5.1 34.2 4.6 1.2 3.3 2.7 4.1 1 11 105 15 0 397 0 24 108 9 7 384 0 11 94 13 1 350 0 14 102 16 1 328 1 60 409 53 9 1459 3 120 800 105 18 2942 I 1.0 11.5 76.7 10.1 I 1.T 0.1 4.1 27.2 3.6 0.6 erring Out In Total ® 273 607 135 64 71 3 Right Thru L Truck ~ 1-'I 1 ~ o~ N ~ ~ ~m~ J T ~_ » fJl D ~ °0 2 North i" ~ ~o off'-' ~ ~ ~- °o 2 o ,_, /24/2006 4:00:00 PM N w ~ o ~ /24/2006 5:45:00 PM r r~ w ~ o ~ ~ ~ `- Unshifted °' ~ 2 2 ~~ ~o F ~~ e h L ft Thru IZ t Truck 120 78 97 3 320 298 618 Out In Total ~q~' ARTICLE IX. CONCITRRENCY MANAGEMENT TABLE INSET: Page 1 of 1 ROADWAY FACILITY 1V~TIIlVIUM LOS STANDARD PEAK HOUR* State Arterials U.S. Highway 1 C County Arterials CR 512 (Fellsmere Highway) D CR 505 (Roseland Road) D County Collectors Indian River Drive D Schumman Drive D City Collectors Barber Street (Wimbrow Drive to Schumann Drive) D Fleming Street (Main Street to CR 512) D Easy Street (Main Street to Schumann Drive) D Vocelle Avenue (CR 505 to Fleming) D Main Street (CTS 1 to Wimbrow Drive) D Laconia Street (CR 512 to South City Limit) D Significant Local Streets Shown on the Major Thoroughfare Plan Barber Street Extension (Schumann Dr to US 1)--City D Englar Avenue (Barber St to Schumann Dr)--City D Wimbrow Drive (Main Street to East CR 512)--City D Louisiana Avenue (Main Street to CR 512)--City D Local All roads not classified as arterials, collectors, or significant local streets shown on the Major Thoroughfare Plan. D T 1 ne peax Hours shall be the 30th highest hour established by FDOT. Prior to issuing a development order the city shall review all proposed development to ensure consistency with adopted LOS standards. No development shall be approved that is projected to decrease the existing LOS below the adopted standard, unless those are mitigated by the developer. i93 iq~ z 0 v UW F 5 O v ~: h 0 0 h h 0 v h 0 'G U V p a~+ t~N lwd G O U r~ V O 00 M ~ o 0 0 0 0 o w N F O O N O U M - ` Title ,of permit or aCtibn:requested: - - ~ . - - '~` ~ ~. $ ~ L ~fi4 ', ... PLEASE COMI?LETE 0-JLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERAjfIT QF~y$f#ON THAT YOl1•ARE Et~QUESTING. CQ~IES OF ALL MAPS,! SURVEYS; ~DI2AWINGS,>ETC. SHALL BE ATTACHED AND`8-'I/2'~ BY 11-"` GOPIES OF ANY ATTACHMENTS SHAL'L;~E INCLUDED. ATTACIiTHE APPROPRIATE SURPLEMETAL INFORMFATION FORM, - ' ,. ,..,1 Permit Application No. Permit Applieation~ No. nuur~ss - ,:. Phone Number:.:( ;) - FAk Number:.:( ) - _ .. E-Mail: .. >..... . En iraeer:.. .. .. . Name: 1 ' Addres's ,. :_. : Phone ember: (_ ). F~CNumber ( ). _. _,~ _.: _ _: E=Mad:. .. .. ,, _ _. _ , $t~,~ie ;ot Name: . tonal ov5 I~ , Address ~`I~-1` N ~~ r ire'. _ ~ 5~ Phorte Number: ( ) rw AX Number: , - ~ , E-Mail:,. , _ C[d vt-1Lt~ 'i~ ~ ,BEING FIRST DULY SWORN; DEPOSE AND SAY THAT: I AM THE pWNER ~I ~ _ . THE LE L NTATjVE :THE OWNER OF THE. PROPERTY: DESCRIBED UVHICkI.IS THE SUBJECT MATTER OF THIS APPLICAT N, A T A L INFORMATION, MAPS, DATq'AND/OR SKETCHES .PROVIDED IN THIS APPLICATION ARE CCU E AN UE TOT' B $T OF MY KNOINL'EDGE.AND'BELIEF. 7 z Ofo SI N`.` ~ DATE SWOR AND UBS IBEDBEFORE'ME EY _ ~S~p~. ~Ific.LtG~ WH01S P E OR PRODUCED . AS IDENTIFIC d DAY:OF 0. .~"""'o, W ,. illiam' Stoddard `~YA~ ~t~ "~. ~ W~$$10n TfLiJ'tV1007 NOTARY'S SIGNATURE • ~ ' ' ' ~ 8S ~ ~` EICpiI Apr 12, ZOU9 PRINTED NAME OF NOTARY ;~: '~a • • • •~ ~ B d d Th ~ on e ou O OF FL ~~ .. GOMMISSIONNO./EXPIRATI'ON ~ '''~~~"~ AtlanricBondingCo.,I~. SEAL:' i~~ Permit Application No. ,The following is required for ali comprehensl~e:plan amendments, zoning amendments (fncluldhg rezonln`g), -site plans, col>!ltlitional use permits, special vse p:etmits, variances, >exceptions, and`appeals . I/VUE; T+9E OWNER'(S) / THE LEGAL REPRESENTATIVE OF::1'HE OWNER(S) OF THE PRO ERTY 18ED WHICH IS THE SUBJECT OF THIS APPLICATION; HERESY AUTHORIZE EACH AND EVERY MEMBER OF THE C! S~~~A~'V-"l Cm dr~l-'J755yoaS BOARp/COMMISSION OF THE CITY OF SEBASTIAN'TO PHYSICALLY ENTER UPON THE .PROPERTY AND VIEW THE PROPERTY IN COM1INECTION`WITHMY/OUR:PENDING APPLICATION. I/1NE HEREBY WAIVE ANY OBJECTION OR DEFENSE I/INE MAY HAVE, DUE TO .THE QUASI-dUDICiAL NATURE OF THE PROCEEDING.S,.RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING~THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR RRQCEDURAL '012 SUBSTANTIVE .:DUE PROCESS. RIGHTS UNDER THE FLORIDA CONSTITUTION OR TtCE UNIT- TATES~ CONSTITUTION 1NERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS ER AND ~ O NT`tS BEING SIC3NED BY ME/U$ VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR P• . _ ISES MADE, Y EMPLOYEE; AGENT, .CONTRACTOR OR OFFICIAL OF THE CITY OF$EBASTIAN. ... ~ ~~ SIhNATUR DATE Swo to~ ieforeme by . ~a5 ~. wh s `Sri - ' me or Produced' n . as d tifitattan, ~ ie .2- daY of 20 ,.. l ,,,,~~~,,, Notary's Signature .:. ~ ~ ~`. ~.... .. ` ,~pRYP~,, ~ William Stoddard ~. Printed Name of Notary ~ ~•' `~ = Commission#DD401889 COmmisslori`Nb./Expiration ~ .~~r Expires: Apr 12, 2009 Seal`., ,,'~o(n~~~ Aflantic nBo~ndingCo.,Inc. lq~ N ®"'~~ \ i !y ~~Q r a ~ kkI O LL ~ ~ ~ W `` ® ~•~ OoN ~, `.,, /~ ~~ I • ~ ~~ ~ ~ I ' .. ~ •~ /~ ~ ~ `~ 2 K ~ I S~ v 0 /~ NOI$ ~- a- r g ~ ®' • ~ ~ N3'~ . J.332l1S 3/1`dM' _ - ~. • :' ~~. Q ~ ~. 633 ~Teby~ybsb6pp~b y~y .. T . ' ~~: ~._.. .. .. l; ~ _ .. .LCIYS M,plrl-0ON ~ ~ .' .7~J~.gJ99.~JJJ. JJ~ ' ~\ .' V V : ~p 1 ~ ~ a~1. ~ ti w ~~I ~~ ~ N I ~f ~ \ ~ \. ~ V ~ ~ ~ ~ ~ F'" '7 b ~ / jj / I / Y6 ,s\ ~ ~ ~~ y ~ ~ ~~ ~~ ~oy~ kVM2131VM2131T10~ x/a "~ ,os ~' ~ ~ ~ ~ - - ~` \ ~ ~ ~ ~ ~~ / \ ,p ti ii Ob WrO ~8~ :. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF APRIL 19, 2007 the issues with the property is the lake that the applicant is proposing to fill and relocate. They have obtained the SJRWMD permit and Corps of-Army Engineer. permit. They have assumed 80% impervious surface development area. Ms. King added that the subdivision doesn't identify the road because the site has frontage on three streets. What you are basically looking at is a master storm water system for aone-lot subdivision. Because of the environmentally sensitive nature of the site, growth management has asked for all permits to be obtained up front, which they have done. Staff recommends approval of the application. There was extensive discussion regarding the de-watering process and environmental concerns. Mr. Mahoney had reservations on the environmental issues of the site. MOTION by Morrison/Allocco to recommend city council approve the preliminary pat for the Rohm Commercial Subdivision located on CR-512. ROLL CALL: Chmn Allocco yes Mr. Mahoney. no Mr. Morrison yes Mr. Simmons yes Mr. Cardinale yes Mr. Paul yes The vote was 5-1. Motion carried. (At approximately 8:15 p.m. there was afive-minute break) E. PUBLIC HEARING -RECOMMENDATION TO CITY COUNCIL -SITE PLAN - 729 SEBASTIAN BOULEVARD - CHESSER'S GAP SHOPPING CENTER - 6,000 SF .RETAIL - SHERWIN WILLIAMS PAINT CENTER -PUD-C ZONING DISTRICT Representing the applicant was Joseph Schulke of Schulke, Bittle and Stoddard, Vero Beach, FL. Mr. Schulke gave a description of the site and its location. Ms. Bosworth offered a few more site details and the history of the property. Overlay district and PUD compliance was discussed. Ms. Bosworth also explained because the site was located within a. Planned Unit Development the site plan will need to be approved by City Council. The commissioners had some questions about the architectural design, ingress and egress, loading dock, landscaping, emergency vehicle access, and fire suppression. Ms. Bosworth noted that recorded copies of the abandoned and relocated stormwater easements should be received before building permits are issued. MOTION by Morrison/Allocco to recommend to city council the approval of Sherwin Williams Paint Center located at 729 Sebastian Boulevard. ROLL CALL: Chmn Allocco yes Mr. Morrison yes Mr. Simmons yes The vote was 6-0. Motion carried unanimously. CHAIRMAN MATTERS: NONE 4 Mr. Cardinale yes Mr. Mahoney yes Mr. Paul yes ~q~ 1225 MAIN STREET ^ SEBASTIAN, FLORIDA 32958 TELEPHONE (772] 589-5518 ^ FAX (772) 388-8248 PUBLIC NOTICE CITY OF SEBASTIAN INDIAN RIVER COUNTY FLORIDA THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, HAS SCHEDULED A QUASI-JUDICIAL PUBLIC HEARING IN THE CITY COUNCIL CHAMBERS, 1225 MAIN STREET, SEBASTIAN, AT A REGULAR MEETING TO BE HELD ON WEDNESDAY, MAY 9~, 2007 AT 7:00 P.M., TO CONSIDER ADOPTING RESOLUTION R-07-17 APPROVING A PROPOSED SITE PLAN FORA 6,000 SF RETAIL STORE (SHERWIN WILLIAMS PAINTS) TO BE LOCATED AT 729 SEBASTIAN BOULEVARD AT THE SOUTHEAST CORNER OF THE INTERSECTION OF CR512 AND FLEMING STREET, WITHIN THE CHESSERS GAP SHOPPING CENTER, ALONG WITH THE REQUIRED PARHING, LANDSCAPING, AND STORMWATER DRAINAGE. I.RC. TAX PARCEL ID NO. IS 31-38-13-00000- 1000-00001.4. CURRENT ZONING IS PUD-C (PLANNED UNIT DEVELOPMENT - COMMERCLAL) AND LAND USE IS CG (GENERAL COMMERCIAL). ALL INTERESTED PARTIES MAY APPEAR AT THE HEARING AND BE HEARD WITH RESPECT TO THE PROPOSED RESOLUTION AND SITE PLAN. ALL RECORDS, PLANS AND LEGAL DESCRIPTION OF THE PROPOSED SITE PLAN ARE AVAILABLE FOR REVIEW IN THE GROWTH MANAGEMENT DEPARTMENT AT CITY HALL, 1225 MAIN STREET, MONDAY THROUGH FRIDAY, 8 A.M. TO 4:30 P.M. ANYONE WHO MAY WISH TO APPEAL ANY DECISION THAT MAY BE MADE AT THIS HEARING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD- INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS SPECIAL ACCOMMODATIONS FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT (772)-589-5330 AT LEAST 48 HOURS PRIOR TO THE MEETING. PUBLISHED: THURSDAY APRIL 26, 2007 a-~~ arc a ~- ~ PELIGN ISfAND HOME OF City of Sebastian 1225 Main Street Sebastian, Florida 32958 Subject: Revised Meeting Procedures Agenda No. ~? ~ ~,Z Resolution No. R-07-18 Ap ov or Submittal by: City Manager Dept. Origin: Ci Clerk City Attorney: Date Submitted: 4/20/07 Mi ne For Agenda of: 5/9/07 Exhibits: Resolution No. R-o ~ -18 Expenditure Required: Amount Budgeted: Appropriation Required: N/A N/A N/A SUMMARY STATEMENT Per previous Council discussions, please find attached the revised meeting resolution. RECOMMENDED ACTION At Council's discretion, move to adopt Resolution No. R-07-18. dam" aoa RESOLUTION NO. R-07-18 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING RESOLUTION NO. R-05-26; ESTABLISHING THE DATE AND TIME FOR CITY COUNCIL MEETINGS, WORKSHOPS AND QUASI-JUDICIAL HEARINGS; ADOPTING ROBERTS RULES OF ORDER; PROVIDING FOR AGENDA PREPARATION; PROVIDING FOR AGENDA MODIFICATION; PROVIDING FOR PUBLIC HEARING PROCEDURES (OTHER THAN QUASI-JUDICIAL MATTERS); PROVIDING FOR PUBLIC INPUT PROCEDURES; ESTABLISHING DIRECTION RELATIVE TO VERBATIM TRANSCRIPTS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Indian River County, Florida, believes it to be in the best interest of the citizens of Sebastian. to provide clear direction to establish Council meeting times and dates and provide for conduct of City Council meetings; and WHEREAS, City Council concurs that unadvertised items should be added to agendas only by unanimous vote of the Council Members present. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, as follows: SECTION 1. CITY COUNCIL MEETING DATE AND TIME. Regular Meetings: Regular Meetings shall be held on the second and fourth Wednesday of each month at 7:00 p.m. and shall adjoum at 10:30 p.m. unless extended by a majority vote of City Council members present. A motion to extend the meeting time sha8 be made only once during the Regutar meeting and the motion shall be for no more than a thirty (30) minute extension. All unfinished business at adjournment shall be carried to the beginning of the nex# Regular City Council meeting unless, prior to adjournment, items are placed on a special meeting agenda. Quasi judicial Hearings: Quasi judicial hearings, when necessary, shall be conducted at special meetings called for such purpose on the first and third Wednesday of the month, at 7:00 p.m. and shall adjourn at 10:30 p.m. unless extended by a majority vote of City Council members present, The City Manager, at his discretion, may schedule a quasi judicial hearing for a Regular City Council meeting when necessary. Workshops: Workshops, when necessary, shall be held on the first and third Wednesday of the month at 7:00 p.m. and shall adjourn at 10:30 p.m. unless extended by a majority vote of City Council members present. In the event that there is a special meeting for the purpose of conducting a quasi judicial hearing scheduled for the first or third Wednesday, the workshop will follow the special meeting. A consensus to extend the workshop shall be made only once during the meeting and the extension shalt be for no more than a thirty (30) minutes. All unfinished business at adjournment shall be carried to the beginning of the next scheduled workshop. Special Meetings for Other Purposes: Special meetings for purposes other than quasi- judicial hearings may be called in accordance with the Charter of the City of Sebastian. Special meetings shall adjoum at 10:30 p.m. unless extended by a majority vote of City Council ~.Q3 members present. A motion to extend the meeting time shall be made only once during the Specal meeting and the motion shall be for no more than a thirty (30) minute extension. SECTION 2. NO SUBSTANTIVE DECISIONS AT WORKSHOPS. At workshops, matters may be discussed and placed on an appropriate City Council meeting agenda for formal action. Substantive decisions shall not be made at workshops. SECTION 3. ROBERTS RULES OF ORDER ADAPTED. The City Council will follow Roberts Rules of Order, Revised, 9th Edition, published by Scott, Foresman as a general guideline in the conduct of all meetings and workshops. Failure to follow said rules shall not affect the validity of any action taken. The City Council recognizes Robert Rules of Order are not applicable to every procedural matter governing a public official in the State of Florida. Each Council Member must vote on all motions unless a Council Member has a conflict of interest. A Council Member may make a motion, second a motion or participate in discussion on a motion without relinquishing the chair. Members of Council have the exclusive right to raise questions of procedure or a point of order to the Chair and have the Chair rule on the procedure or point of order. Any member of Council may appeal the decision of the Chair to the entire Council. SECTION 4. AGENDA SUBMITTAL DEADLINE AND PREPARATION. The City Manager is directed to prepare agendas for all City Council meetings. Documentation for items on agendas must be submitted tp the City Clerk not later than noon on the Thursday preceding the respective meeting to expedite the preparation of agenda packets. SECTION 5. AGENDA MODIFICATION. City Council, by a unanimous vote of its members present, may modify the agenda to add an additional agenda item, and, in such event, an individual who wishes to address City Council with respect to the new agenda item, shall be afforded a reasonable opportunity to address City Council on such new agenda item. SECTION 6. ORDER FqR PUBLIC HEARINGS (OTHER THAN QUASI-JUDICIAL) BEFORE CITY COUNCIL. The order for public hearings (other than quasi judicial) before City Council is as follows: A. Order of Business: 1. Chairperson shall announce the opening of the public hearing. 2. City Attorney shall read the Ordinance or Resolution by title unless the City Charter, Code of Ordinances andlor Florida Statutes requires more than the title be read. 3. Chairperson, if appropriate, shall announce the rules that apply to the hearing. 4. City staff shall make a presentation, comments and preliminary recommenda#ion, if any. 5. Public input. 6. City staff final comments and recommendation, if any. 7. Chairperson closes hearing unless hearing continuation granted by the affirmative vote of three Council members. B. Continuance of Public Hearing. City Council may continue a public hearing unless a continuance would violate City Charter, City Code, State or Federal law. A public hearing may be continued to a time certain that the hearing will be re-opened and shall be stated in the record. City Council may defer action on a matter and continue the public hearing for receipt of written comments on the matter. a o4 C. Deferring Decision on Merits. City Council may defer a decision on the merits of any matter pending as a result of a public hearing. D. Suspension of Rules. Any provisions of this Resolution may be suspended for good cause by the affirmative vote of at least three Council members. The good cause shall be stated on the record. E. Failure to Follow Rules. If City Council fails to strictly abide by any provision of this Resolution, such failure shall not invalidate action taken by City Council or staff. SECTION 7. PROCEDURES FOR SPEAKERS AND INTRODUCTION OP NEW BUSINESS FROM THE PUBLIC. A. Public Inpu# on Agenda Items. Individuals who wish to address the City Council on items where public presentations are permitted on the agenda shall address the City Council immediately prior to City Council deliberation of the agenda item. Individuals shall not address City Council after commencement of City Council deliberation on an agenda item after public input has concluded, provided, however, the Mayor and members of City Council may recall an individual to provide additional information or to answer questions. In addition, individuals shall have the opportunity to address City Council during a public hearing held in accordance with any federal or state law, the City Charter, the Code of Ordinances and the Land Development Code of the City of Sebastian. B. Introduction of New Business #rom the Public. Introduction of New Business from the PubNc shall be that portion of Regular Meeting agendas at which individuals may introduce new business not othervvise on the prepared agenda. "New Business" as used in this paragraph, is defined as an item that has occurred or was discovered within the previous six months. Individuals are encouraged, whenever possible, to meet with staff to attempt to resolve matters. Individuals are also encouraged, whenever possible, to provide documentation for inclusion in the agenda packet. No Introduction of New Business from the Public shall be allowed at special meetings or workshops. C. No Time Limit for Public Input. There shall be no time limit on oral public presentations under Public Hearings, Introduction of New Business from the Public and Input on Agenda Items, however, City Council, by majority vote of its members present, may terminate or limit the presentation at any time. Individuals are asked to try to limit input under Introduction of New Business From the Public to five minutes. E. Written Presentations. Individuals may also submit written presentations to the City Council by providing ten (10) complete copies to the City Clerk prior to commencement of the meeting. F. Public Input Addressed to Chair. AN public input shall be addressed to the Chair, unless answering a question of a member of City Council or City staff. In controlling the meeting, the Chair will take the following actions: 1. First Offense -verbal warning to move on. 2. Second Offense -offender is directed to be seated. 3. Third Offense (refusal to be seated or other disrupted acts) - offenderwill be asked to leave the premises. V~ SEC TION 8, VERBATIM TRANSCRIPTS OF CITY COUNCIL MEETINGS. Any person who decides to appeal any decision made by the city council with respect to any matter considered at any meeting or hearing will need a record of the proceedings and may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be heard, in accordance with 286.0105 Florida Statutes. The City Clerk's office is not required to prepare verbatim transcripts or parts of any minutes of City Council meetings unless City Council, by majority vote, directs verbatim transcripts for any parts of any minutes it deems necessary and proper for conduct of internal affairs of city. SECTION 9. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed, including Resolution No. R-0426. SECTION 10. EFFECTIVE DATE. This Resolution shall take effect upon its adoption. The foregoing Resolution was passed far adoption by Council Member was seconded by Council Member ,and upon, being put to a vote, the vote was as follows: Mayor Andrea Coy Vice Mayor Sal Negtia Council Member AI Paternoster Council Member Dale Simchick Council Member Eugene Wolff The Mayor thereupon declared this Resolution duly passed and adopted this 9th day of May 2007. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Andrea Coy, Mayor Sally A. Maio, MMC City Clerk {SEAL) Approved as to Form and Content for Reliance by the City of Sebastian Only: Rich Stringer, City Attorney ao~ City of Sebastian, Florida ~IdC~ U~ TH£ CITY ~TTO~N~Y,~ AGENDA TRANSMITTAL Agenda No. D7/oS Subject: Discuss Response Resolution to Fellsmere Resolution No. 07-H; Interlocal Service Boundary Agreement Date Submitted: 5/3/07 For Agenda of: 5/9/07 SUMMARY: The City of Fellsmere has initiated the negotiation process for an Interlocal Service Boundary Agreement pursuant to FS 171.203. The City of Sebastian will need to serve a responsive resolution no later than June 17, 2007. Because there are continuing developments on these issues and it is the desire of staff that the Council be given a complete picture, materials for discussion and consideration will be provided under separate cover. RECOMMENDED ACTION: Discuss Response Resolution to Fellsmere Resolution No. 07-H and provide direction to staff. REVIEWED BY CITY CLERK: ,~ AUTHORIZED PLACEMENT ON AGENDA BY C MANAGER;i ~~ ~' ~p~ au8 Jason R. Nunemaker City Manager April 1 G, 2007 CERTIFIED MAIL 7005 1820 0005 72201587 ~ ° Qi X177, ~~ ~~e City o f, Mr. Al Minnet, City Manager City of Sebastian 1225 Main Street Sebastian, FL 32958 Deborah C. Krages City Clerk W. Napier, C.G.F.O. ,ector of Finance `1' ~~ N ~~~ ~ N ~. ~D~APR ~: ~ G7 . f,. ;.,;~ N ~ .~+~ - ~ ~~l,, ;, RE: City of F mere Resolution 07-H -Initiating Resolution -Chapter 171 Part II Dear Mr. ex• ~~ The Ci Counal of the City of Fellsmere doting their Special Counal Meeting April 12, 2007 adopted Resolution 07-H; a copy of the Resolution is attached along with Exhibit "A" and Exhibit `B". We look forward to working with the County on potential future annexations as well as the Homewood Subdivision. The willingness of the City of Fellsmere to negotiate in good faith on the issues of Annexation, Density, Height, and Land Use regarding potential annexation areas should open the door to intergovernmental cooperation. Should you have any questions or require any additional information please do not hesitate to call me. Sincerely, n R Nunemaker 'ty Manager JRN/dck cc: R-07-H file O~ F~ .3 ry1 . ~~~ '~i' .) La., ~I '~ ~ coif 21 South Cypress St. • Fellsmere, Florida 32948-6714 • Telephone: (772) 571-0116 • Fax (772) 571-1901 Website: cityoffellsmere.org ~-/ U RESOLUTION N0.07-H A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FELLSMERE, FLORIDA INVITING .INDIAN RIVER .COUNTY, THE .TOWN OF INDIAN RIVER SHORES, TOWN OF ORCHID, CITY OF SEBASTIAN AND CITY OF VERO BEACH TO ENTER INTO AN INTERLOCAL .SERVICE BOUNDARY AGREEMENT AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Interlocal Service Boundary. Agreement Act (Florida Statutes Chapter 171 Part II) • authorizes local governments to execute an interlocal service boundary agreement; and WHEREAS, the Interlocal Service Boundary Agreement Act encourages local governments to jointly determine how to provide services to residents and property in the most efficient and effective manner while balancing the needs and desires of the community; and WHEREAS, the Interlocal Service Boundary Agreement Act establishes a more flexible process for adjusting municipal boundaries and to address a wider range of the effects of annexation; and WHEREAS, the Interlocal Service Boundary Agreement Act encourages intergovernmental coordination in planning, service delivery, and boundary adjustments and.to reduce intergovernmental conflicts and litigation between local governments; and WHEREAS, ~ the Interlocal Service .Boundary Agreement. Act promotes the establishment of sensible .boundaries that reduce the costs of local governments, avoid duplicating local services, and increase political transparency and accountability; and WHEREAS, the Interiocal Service Boundary Agreement Act helps prevent inefficient service delivery and , an insufficient tax base to support. 'the delivery of services; and WHEREAS, the City of Fellsmere desires to enter into an interlocal service boundary agreement with Indian River County, the Town of Indian River Shores, Town of Orchid, City of Sebastian and City of Vero Beach regarding the area depicted on Exhibit "A" attached hereto and the issues identified on Exhibit "B" attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FELLSMERE ,FLORIDA, AS FOLLOWS: Section 1. The City of Fellsmere invites Indian River County, the Town of Indian River Shores, Town of Orchid, City of Sebastian and City of Vero Beach to negotiate an interlocal service boundary agreement regarding the "Potential Future Annexations" and "Homewood Subdivision" areas depicted on Exhibit "A" attached hereto and the issues identified on Exhibit "B" attached hereto. .~~ Section 2. The City of Fellsmere requests that Indian River County, the Town of Indian River Shores, Town of Orchid, City of Sebastian and City of Vero Beach indicate their acceptance of this invitation by the.adoption of a responding resolution. Section 3. This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption b Co cil Me be The motion was seconded by Council Member arid, upon being put to a vote, the vote was as follows: Mayor Sara J. Savage Councilwoman Cheryl Hampton Councilman Francisco Magana Councilwoman Susan Adams Councilman Fernando Herrera w Mayo thereupon declared this Resolution duly passed and adopted this ~?Z- 3ay of 2007. C OF FELLS RE, FLORIDA SARA J. SAV GE, Mayor A EBORAH C. KRAGES, City Cler R-07 H Initiating Resolution LSBAdoc „1~ 2 Exhib~" of R-07-H adopttd this~~ay April, 2007. Exhibit `B" 1. Aiuiexation 2. Land use 3. Density 4. Height a~3 ~I~ "Interlocal Service Boundary Agreement Act." 171.201 Leglslatlve intent.-The Legislature intends to provide an alternative to part I of this chapter for local govemments regarding the annexation of territory into a municipality and the subtraction of territory from the unincorporated area of the county. The principal goal of this part is to encourage local govemments to jointly determine how to provide services to residents and property in the most efficient and effective manner while balancing the needs and desires of the community. This part is intended to establish a more flexible process for adjusting municipal boundaries and to address a wider range of the effects of annexation. This part is intended to encourage intergovernmental coordination in planning, service delivery, and boundary adjustments and to reduce intergovernmental conflicts and litigation befinreen local govemments. It is the intent of this part to promote sensible boundaries that reduce the costs of local govemments, avoid duplicating local services, and increase political transparency and accountability. This part is intended to prevent inefficient service delivery and an insufficient tax base to support the delivery of those services. 171.202 Deflnltlons.-As used in this part, the term: (1) "Chief administrative officer" means the municipal administrator, municipal manager, county manager, county administrator, or other officer of the municipality, county, or independent special district who reports directly to the governing body of the local govemment. (2) "Enclave" has the same meaning as provided in s. 171.031. (3) "Independent special district" means an independent special district, as defined in s. 189.403, which provides fire, emergency medical, water, wastewater, or stormwater services. (4) "Initiating county" means a county that commences the process for negotiating an interlocal service boundary agreement through the adoption of an initiating resolution. (5) "Initiating local govemment" means a county, municipality, or independent special district that commences the process for negotiating an interiocal service boundary agreement through the adoption of an initiating resolution. (6) "Initiating municipality" means a municipality that commences the process for negotiating an interocal service boundary agreement through the adoption of an initiating resolution. (7) "Initiating resolution" means a resolution adopted by a county, municipality, or independent special district which commences the process for negotiating an interocal service boundary agreement and which identifies the unincorporated area and other issues for discussion. (8) "Interlocal service boundary agreement" means an agreement adopted under this part, between a county and one or more municipalities, which may include one or more independent special districts as parties to the agreement. (9) "Invited local govemment" means an invited county, municipality, or special district and any other local government designated as such in an initiating resolution or a responding resolution that invites the local govemment to participate in negotiating an interocal service boundary agreement. a~5 (10) "Invited municipality" means an initiating municipality and any other municipality designated as such in an initiating resolution or a responding resolution that invites the municipality to participate in negotiating an interlocal service boundary agreement. (11) "Municipal service area" means one or more of the following as designated in an interlocal service boundary agreement: (a) An unincorporated area that has been identified in an interlocal service boundary agreement for municipal annexation by a municipality that is a party to the agreement. (b) An unincorporated area that has been identified in an interlocal service boundary agreement to receive municipal services from a municipality that is a party to the agreement or from the municipality's designee. (12) "Notified local government" means the county or a municipality, other than an invited municipality, that receives an initiating resolution. (13) "Participating resolution" means the resolution adopted by the initiating local govemment and the invited local government. (14) "Requesting resolution" means the resolution adopted by a municipality seeking to participate in the negotiation of an interlocal service boundary agreement. (15) "Responding resolution" means the resolution adopted by the county or an invited municipality which responds to the initiating resolution and which may identify an additional unincorporated area or another issue for discussion, or both, and may designate an additional invited municipality or independent special district. (16) "Unincorporated service area" means one or more of the following as designated in an interlocal service boundary agreement: (a) An unincorporated area that has been identified in an interlocal service boundary agreement and that may not be annexed without the consent of the county. (b) An unincorporated area or incorporated area, or both, which have been identified in an interlocal service boundary agreement to receive municipal services from a county or its designee or an independent special district. History.--s. 1, ch. 2006-218. 171.203 Interlocal service boundary agreement.--The governing body of a county and one or more municipalities or independent special districts within the county may enter into an interlocal service boundary agreement under this part. The governing bodies of a county, a municipality, or an independent special district may develop a process for reaching an interlocal service boundary agreement which provides for public participation in a manner that meets or exceeds the requirements of subsection (13), or the governing bodies may use the process established in this section. (1) A county, a municipality, or an independent special district desiring to enter into an interlocal service boundary agreement shall commence the negotiation process by adopting an initiating resolution. The initiating resolution must identify an unincorporated area or incorporated area, or both, to be discussed and / (v the issues to be negotiated. The identified area must be specified in the initiating resolution by a descriptive exhibit that includes, but need not be limited to, a map or legal description of the designated area. The issues for negotiation must be listed in the initiating resolution and may include, but need not be limited to, the issues listed in subsection (6). An independent special district may initiate the interlocal service boundary agreement for the purposes of dissolving an independent special district or in response to a proposed annexation that would remove more than 10 percent of the taxable or assessable value of an independent special district. (a) The initiating resolution of an initiating county must designate one or more invited municipalities. The initiating resolution of an initiating municipality may designate an invited municipality. The initiating resolution of an independent special district must designate one or more invited municipalities and invite the county. (b) An initiating county shall send the initiating resolution by United States certified mail to the chief administrative officer of every invited municipality and each other municipality within the county. An initiating municipality shall send the initiating resolution by United States certified mail to the chief administrative officer of the county, the invited municipality, if any, and each other municipality within the county. (c) The initiating local government shall also send the initiating resolution to the chief administrative officer of each independent special district in the unincorporated area designated in the initiating resolution. (2) Within 60 days after the receipt of an initiating resolution, the county or the invited municipality, as appropriate, shall adopt a responding resolution. The responding resolution may identify an additional unincorporated area or incorporated area, or both, for discussion and may designate additional issues for negotiation. The additional identified area, if any, must be specified in the responding resolution by a descriptive exhibit that includes, but need not be limited to, a map or legal description of the designated area. The additional issues designated for negotiation, if any, must be listed in the responding resolution and may include, but need not be limited to, the issues listed in subsection (6). The responding resolution may also invite an additional municipality or independent special district to negotiate the interlocal service boundary agreement. (a) Within 7 days after the adoption of a responding resolution, the responding county shall send the responding resolution by United States certified mail to the chief administrative officer of the initiating municipality, each invited municipality, if any, and the independent special district that received an initiating resolution. (b) Within 7 days after the adoption of a responding resolution, an invited municipality shall send the responding resolution by United States certified mail to the chief administrative officer of the initiating county, each invited municipality, if any, and each independent special district that received an initiating resolution. (c) An invited municipality that was invited by a responding resolution shall adopt a responding resolution in accordance with paragraph (b). (d) Within 60 days after receipt of the initiating resolution, any independent special district that received an initiating resolution and that desires to participate in the negotiations shall adopt a resolution indicating that it intends to participate in the negotiation process for the interlocal service boundary agreement. Within 7 days after the adoption of the resolution, the independent special district shall send the resolution by United States certified mail to the chief administrative officer of the county, the initiating municipality, each invited municipa-ity, if any, and each notified local government. ~1~ (3) A municipality within the county which is not an invited municipality may request participation in the negotiations for the interlocal service boundary agreement. Such a request must be accomplished by adopting a requesting resolution within 60 days after receipt of the initiating resolution or within 10 days after receipt of the responding resolution. Within 7 days after adoption of the requesting resolution, the requesting municipality shall send the resolution by United States certified mail to the chief administrative officer of the initiating local govemment and each invited municipality. The county and the invited municipality shall consider whether to allow a requesting municipality to participate in the negotiations, and, if they agree, the county and the municipality shall adopt a participating resolution allowing the requesting municipality to participate in the negotiations. (4) The county, the invited municipalities, the participating municipalities, if any, and the independent special districts, if any have adopted a resolution to participate, shall begin negotiations within 60 days after receipt of the responding resolution or a participating resolution, whichever occurs later. (5) An invited municipality that fails to adopt a responding resolution shall be deemed to waive its right to participate in the negotiation process and shall be bound by an interlocal agreement resulting from such negotiation process, if any is reached. (6) An interlocal service boundary agreement may address any issue concerning service delivery, fiscal responsibilities, or boundary adjustment. The agreement may include, but need not be limited to, provisions that: (a) Identify a municipal service area. (b) Identify an unincorporated service area. (c) Identify the local govemment responsible for the delivery or funding of the following services within the municipal service area or the unincorporated service area: 1. Public safety. 2. Fire, emergency rescue, and medical. 3. Water and wastewater. 4. Road ownership, construction, and maintenance. 5. Conservation, parks, and recreation. 6. Stormwater management and drainage. (d) Address other services and infrastructure not currently provided by an electric utility as defined by s. 366.02(2) or a natural gas transmission company as defined by s. 368.103(4). However, this paragraph does not affect any territorial agreement between electrical utilities or public utilities under chapter 366 or affect the determination of a territorial dispute by the Public Service Commission under s. 366.04. (e) Establish a process and schedule for annexation of an area within the designated municipal service area consistent with s. 171.205. X18 (f) Establish a process for land use decisions consistent with part II of chapter 163, including those made jointly by the governing bodies of the county and the municipality, or allow a municipality to adopt land use changes consistent with part II of chapter 163 for areas that are scheduled to be annexed within the term of the interlocal agreement; however, the county comprehensive plan and land development regulations shall control until the municipality annexes the property and amends its comprehensive plan accordingly. Comprehensive plan amendments to incorporate the process established by this paragraph are exempt from the twice-per-year limitation under s. 163.3187. (g) Address other issues concerning service delivery, including the transfer of services and infrastructure and the fiscal compensation to one county, municipality, or independent special district from another county, municipality, or independent special district. (h) Provide for the joint use of facilities and the colocation of services. (i) Include a requirement for a report to the county of the municipality's planned service delivery, as provided in s. 171.042, or as otherwise determined by agreement. Q) Establish a procedure by which the local government that is responsible for water and wastewater services shall, within 30 days after the annexation or subtraction of territory, apply for any modifications to permits of the water management district or the Department of Environmental Protection which are necessary to reflect changes in the entity that is responsible for managing surface water under such permits. (7) If the interlocal service boundary agreement addresses responsibilities for land use planning under chapter 163, the agreement must also establish the procedures for preparing and adopting comprehensive plan amendments, administering land development regulations, and issuing development orders. (8) In order to ensure that the health and welfare of the residents affected by annexation will be protected, all fire and emergency medical services shall be provided by the existing provider of fire and emergency medical services to the annexed area and remain part of the- existing municipal service taxing unit or special district unless: (a) The county and annexing municipality reach an agreement, through interlocal agreement or other legally sufficient means, as to who shall provide these emergency services; or (b) Afire rescue services element exists for the respective county's comprehensive plan filed with the state and the annexing municipality meets the criteria set forth. (9) Each local government that is a party to the interlocal service boundary agreement shall amend the intergovernmental coordination element of its comprehensive plan, as described in s. 163.3177(6)(h)1., no later than 6 months following entry of the interlocal service boundary agreement consistent with s. 163.3177(6)(h)1. Plan amendments required by this subsection are exempt from the twice-per-year limitation under s. 163.3187. (10) An affected person for the purpose of challenging a comprehensive plan amendment required by paragraph (6)(f) includes a person who owns real property, resides, or owns or operates a business within the boundaries of the municipal service area, and a person who owns real property abutting real property within the municipal service area that is the subject of the comprehensive plan amendment, in addition to those other affected persons who would have standing under s. 163.3184. ~~~ (11)(x) A municipality that is a party to an interlocal service boundary agreement that identifies an unincorporated area for municipal annexation under s. 171.202(11)(x) shall adopt a municipal service area as an amendment to its comprehensive plan to address future possible municipal annexation. The state land planning agency shall review the amendment for compliance with part II of chapter 163. The proposed plan amendment must contain: 1. A boundary map of the municipal service area. 2. Population projections for the area. 3. Data and analysis supporting the provision of public facilities for the area. (b) This part does not authorize the state land planning agency to review, evaluate, determine, approve, or disapprove a municipal ordinance relating to municipal annexation or contraction. (c) Any amendment required by paragraph (a) is exempt from the twice-per-year limitation under s. 163.3187. (12) An interlocal service boundary agreement may be for a term of 20 years or less. The interlocal service boundary agreement must include a provision requiring periodic review. The interlocal service boundary agreement must require renegotiations to begin at least 18 months before its termination date. (13) No earlier than 6 months after the commencement of negotiations, either of the initiating local governments or both, the county, or the invited municipality may declare an impasse in the negotiations and seek a resolution of the issues under ss. 164.1053-164.1057. If the local govemments fail to agree at the conclusion of the process under chapter 164, the local governments shall hold a joint public hearing on the issues raised in the negotiations. (14) When the local governments have reached an interlocal service boundary agreement, the county and the municipality shall adopt the agreement by ordinance under s. 166.041 ors. 125.66, respectively. An independent special district, if it consents to the agreement, shall adopt the agreement by final order, resolution, or other method consistent with its charter. The interlocal service boundary agreement shall take effect on the day specified in the agreement or, if there is no date, upon adoption by the county or the invited municipality, whichever occurs later. This part does not prohibit a county or municipality from adopting an interlocal service boundary agreement without the consent of an independent special district, unless the agreement provides for the dissolution of an independent special district or the removal of more than 10 percent of the taxable or assessable value of an independent special district. (15) For a period of 6 months following the failure of the local governments to consent to an interlocal service boundary agreement, the initiating local government may not initiate the negotiation process established in this section to require the responding local government to negotiate an agreement concerning the same identified unincorporated area and the same issues that were specified in the failed initiating resolution. (16) This part does not authorize one local government to require another local government to enter into an interlocal service boundary agreement. However, when the process for negotiating an interlocal service boundary agreement is initiated, the local governments shall negotiate in good faith to the conclusion of the process established in this section. as°, (17) This section authorizes local governments to simultaneously engage in negotiating more than one interlocal service boundary agreement, notwithstanding that separate negotiations concern similar or identical unincorporated areas and issues. (18) Elected local govemment officials are encouraged to participate actively and directly in the negotiation process for developing an interlocal service boundary agreement. (19) This part does not impair any existing franchise agreement without the consent of the franchisee, any existing territorial agreement between electric utilities or public utilities under chapter 366, or the jurisdiction of the Public Service Commission to resolve a territorial dispute involving electric utilities or public utilities in accordance with s. 366.04. In addition, an interlocal agreement entered into under this section has no effect in a proceeding before the Public Service Commission involving a territorial dispute. A municipality or county shall retain all existing authority, if any, to negotiate a franchise agreement with any private service provider for use of public rights-of--way or the privilege of providing a service. (20) This part does not impair any existing contract without the consent of the parties. History.--s. 1, ch. 2006-218. 171.204 Prerequisites to annexation under this part.--The interlocal service boundary agreement may describe the character of land that may be annexed under this part and may provide that the restrictions on the character of land that may be annexed pursuant to part I are not restrictions on land that may be annexed pursuant to this part. As determined in the interlocal service boundary agreement, any character of land may be annexed, including, but not limited to, an annexation of land not contiguous to the boundaries of the annexing municipality, an annexation that creates an enclave, or an annexation where the annexed area is not reasonably compact; however, such area must be "urban in character" as defined in s. 171.031(8). The interlocal service boundary agreement may not allow for annexation of land within a municipality that is not a party to the agreement or of land that is within another county. Before annexation of land that is not contiguous to the boundaries of the annexing municipality, an annexation that creates an enclave, or an annexation of land that is not currently served by water or sewer utilities, one of the following options must be followed: (1) The municipality shall transmit a comprehensive plan amendment that proposes specific amendments relating to the property anticipated for annexation to the Department of Community Affairs for review under chapter 163. After considering the department's review, the municipality may approve the annexation and comprehensive plan amendment concurrently. The local government must adopt the annexation and the comprehensive plan amendment as separate and distinct actions but may take such actions at a single public hearing; or (2) A municipality and county shall enter into a joint planning agreement under s. 163.3171, which is adopted into the municipal comprehensive plan. The joint planning agreement must identify the geographic areas anticipated for annexation, the future land uses that the municipality would seek to establish, necessary public facilities and services, including transportation and school facilities and how they will be provided, and natural resources, including surface water and groundwater resources, and how they will be protected. An amendment to the future land use map of a comprehensive plan which is consistent with the joint planning agreement must be considered a small scale amendment. History.--s. 1, ch. 2006-218. ~~1 171.205 Consent requirements for annexation of land under this part.--Notwithstanding part I, an interlocal service boundary agreement may provide a process for annexation consistent with this section or with part I. (1) For all or a portion of the area within a designated municipal service area, the interlocal service boundary agreement may provide a flexible process for securing the consent of persons who are registered voters or own property in the area proposed for annexation, or of both such voters and owners, for the annexation of property within a municipal service area, with notice to such voters or owners as required in the interlocal service boundary agreement. The interlocal service boundary agreement may not authorize annexation unless the consent requirements of part I are met or the annexation is consented to by one or more of the following: (a) The municipality has received a petition for annexation from more than 50 percent of the registered voters who reside in the area proposed to be annexed. (b) The annexation is approved by a majority of the registered voters who reside in the area proposed to be annexed voting in a referendum on the annexation. (c) The municipality has received a petition for annexation from more than 50 percent of the persons who own property within the area proposed to be annexed. (2) If the area to be annexed includes a privately owned solid waste disposal facility as defined in s. 403.703(11) which receives municipal solid waste collected within the jurisdiction of multiple local govemments, the annexing municipality must set forth in its plan the effects that the annexation of the solid waste disposal facility will have on the other local governments. The plan must also indicate that the owner of the affected solid waste disposal facility has been contacted in writing concerning the annexation, that an agreement between the annexing municipality and the solid waste disposal facility to govern the operations of the solid waste disposal facility if the annexation occurs has been approved, and that the owner of the solid waste disposal facility does not object to the proposed annexation. (3) For all or a portion of an enclave consisting of more than 20 acres within a designated municipal service area, the interlocal service boundary agreement may provide a flexible process for securing the consent of persons who are registered voters or own property in the area proposed for annexation, or of both such voters and owners, for the annexation of property within such an enclave, with notice to such voters or owners as required in the interlocal service boundary agreement. The interlocal service boundary agreement may not authorize annexation of enclaves under this subsection unless the consent requirements of part are met, the annexation process includes one or more of the procedures in subsection (1), or the municipality has received a petition for annexation from one or more persons who own real property in excess of 50 percent of the total real property within the area to be annexed. (4} For all or a portion of an enclave consisting of 20 acres or fewer within a designated municipal service area, within which enclave not more than 100 registered voters reside, the interlocal service boundary agreement may provide a flexible process for securing the consent of persons who are registered voters or own property in the area proposed for annexation, or of both such voters and owners, for the annexation of property within such an enclave, with notice to such voters or owners as required in the interlocal service boundary agreement. Such an annexation process may include one or more of the procedures in subsection (1) and may allow annexation according to the terms and conditions provided in the interlocal service boundary agreement, which may include a referendum of the registered voters who reside in the area proposed to be annexed. ~~ History.--s. 1, ch. 2006-218. 'Note.--The word "effects" was substituted for the word "affects" by the editors. 171.206 Effect of interlocal service boundary area agreement on annexations.-- (1) An interlocal service boundary agreement is binding on the parties to the agreement, and a party may not take any action that violates the interlocal service boundary agreement. (2) Notwithstanding part I, without consent of the county and the affected municipality by resolution, a county or an invited municipality may not take any action that violates the interlocal service boundary agreement. (3) If the independent special district that participated in the negotiation process pursuant to s. 171.203(2)(d) does not consent to the interlocal service boundary agreement and a municipality annexes an area within the independent special district, the independent special district may seek compensation using the process in s. 171.093. History.-s. 1, ch. 2006-218. 171.207 Transfer of powers.--This part is an alternative provision otherwise provided by law, as authorized in s. 4, Art. VIII of the State Constitution, for any transfer of power resulting from an interlocal service boundary agreement for the provision of services or the acquisition of public facilities entered into by a county, municipality, independent special district, or other entity created pursuant to law. History.--s. 1, ch. 2006-218. 171.208 Municipal extraterritorial power.--This part authorizes a municipality to exercise extraterritorial powers that include, but are not limited to, the authority to provide services and facilities within the unincorporated area or within the territory of another municipality as provided within an interlocal service boundary agreement. These powers are in addition to other municipal powers that otherwise exist. However, this power is subject to the jurisdiction of the Public Service Commission to resolve territorial disputes under s. 366.04. An interlocal agreement has no effect on the resolution of a territorial dispute to be determined by the Public Service Commission. History.--s. 1, ch. 2006-218. 171.209 County incorporated area power.--As provided in an interlocal service boundary agreement, this part authorizes a county to exercise powers within a municipality that include, but are not limited to, the authority to provide services and facilities within the territory of a municipality. These powers are in addition to other county powers that otherwise exist. History.--s. 1, ch. 2006-218. 171.21 Effect of part on interlocal agreement and county charter.--A joint planning agreement, a charter provision adopted under s. 171.044(4), or any other interlocal agreement between local governments including a county, municipality, or independent special district is not affected by this part; however, a county, municipality or independent special district may avail itself of this part, which may result in the repeal or modification of a joint planning agreement or other interlocal agreement. A local government within a county that has adopted a charter provision pursuant to s. 171.044(4) may avail itself of the provisions of this part 2~ 3 which authorize an Interlocal service boundary agreement if such Interlocal agreement is consistent with the charter of that county, as the charter was approved, revised, or amended pursuant to s. 125.64. History.--s. 1, ch. 2006-218. 171.211 Interlocal service boundary agreement presumed valid and binding.-- (1) If there is litigation over the terms, conditions, construction, or enforcement of an Interlocal service boundary agreement, the agreement shall be presumed valid, and the challenger has the burden of proving its invalidity. (2) Notwithstanding part I, it is the intent of this part to authorize a municipality to enter into an Interlocal service boundary agreement that enhances, restricts, or precludes annexations during the term of the agreement. History.--s. 1, ch. 2006-218. 171.212 Disputes regarding construction and effect of an Interlocal service boundary agreement.--If there is a question or dispute about the construction or effect of an Interlocal service boundary agreement, a local government shall initiate and proceed through the conflict resolution procedures established in chapter 164. If there is a failure to resolve the conflict, no later than 30 days following the conclusion of the procedures established in chapter 164, the local government may file an action in circuit court. For purposes of this section, the term "local government" means a party to the Interlocal service boundary agreement. History.-s. 1, ch. 2006-218. azu City of Sebastian, Florida o~~C~ T~~ errY ~~°ro~v~Y AGENDA TRANSMITTAL Agenda No. ~ ! ° ~ 7 Subject: Parks & Recreation Advisory Committee; Date Submitted: 4/2707 Modification of size and composition For Agenda of: 5/9/07 5UMIVIARY: At its April 25, 2007, meeting, Council directed that an ordinance be prepared giving effect to the recommendation of the Parks and Recreation Advisory Committee that its membership be expanded from five to seven and be appointed on an at-large basis. RECOMIVVII;NDED ACTION: At Council's discretion - Move to pass Ordinance 0-07-07 on first reading and schedule a public hearing for June 13, 2007 REVIEWED BY CITY CLERK: AUTHORIZED PLACEMENT ON AGENDA BY CITY MANAGER: aa, 7~8 ORDINANCE 0-07-07 AN ORDINANCE OF THE CTTY OF SEBASTIAN, FLORIDA, AMENDING CODE SECTIONS 2-212 AND 2-213 TO CHANGE THE SIZE AND COMPOSITION OF THE PARKS AND RECREATION ADVISORY COMMITTEE; PROiTIDING FOR CONFLICT, SEVERABILITY AND EFFECTIVE DATE. WHEREAS, under Ordinance 0-03-29 the City created the Parks and Recreation Advisory Committee to advise the Council as to long-term policy on recreational activities and development of the City park system; WHEREAS, said Committee has reported to the City Council that the Committee will function better if its composition is changed from district representatives to an at-large membership and the number of members is increased from five to seven; and WHEREAS, the City Council agrees with the recommended changes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: S 'on 1. That Section 2-212 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 2-212. Panel Composition. The Committee shall be composed of e.~ ven residents appointed at-lar~e._ Section 2. That Section 2-213 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Set:.2-213. Terms. There shall be a continuity of terms for the membership from the orieinal establishment of the committee, with terms hereinafter governed by the eeneral provisions of this Article. Section 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealedti Section 4. 5EVERABILITY. 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 or unconstitutional provisions. It shall further be assumed that the Deleted: Sve Dt?deted: ,with one member Sum each ; of the four recreational impact fee districts and one at-large member. In the ~; event that no suitable applicants are available from a district, another at-large '~ member may be appointed in their plece.t Deleted: Following appointment of the ~ initial Committee members, the representatives of distticts A and C shall,. serve until May 31, 2005; the ~ representatives of districts B and D shall I serve until May 31, 2006; and the at-large I member shall serve until May 31, 2007. Thereafter, Committee member terms shall be three years in length. ~ Deleted: g ~`9 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 5. EFFECTIVE DATE. This Ordinance shall become effective immediately. The foregoing Ordinance was moved for adoption . The motion was seconded by Councihnember _ upon being put to a vote, the vote was as follows: by Councihnember and, Mayor Andrea Coy Vice-mayor Sal Neglia Councihnember Al Paternoster Councihnember Dale Simchick Councilmember Eugene Wolff The Mayor thereupon declared this Ordinance duly passed and adopted this 13th day of June, 2007. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Andrea Coy Sally A. Maio, MMC City Clerk ~3C Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney arc a ~~s~T~\ ~=~~=~ HOME Of PEL{GW ISLAND City of Sebastian 1225 Main Street Sebastian, Florida 32958 Ordinance No. 0-07-08 -Charter Agenda No: ~7, J~p(o Revie Co mittee Meeting Times and Proc u Amendment Department Origin i Clerk City Attorney: Ci n ger Date Submitted: 5/3/07 For Agenda of: 5/9/07 Exhibits: 0-07-08, Newly revised Charter Sections 2.03 and 5.03 SUMMARY STATEMENT Since we are working on revising f~ar~cs and Recreation Committee membership issues, I thought it appropriate to address some cleanup needed in Code Sections 2-231 and 2-232 regarding meeting times and procedures for the Charter Review Committee in light of recent charter amendments, and removal of some procedural language that is simply redundant and covered by other sections of the code. Suggested amendments are provided in legislative format in Ordinance No. 0-07- 08. Charter Section 2.03 was amended to move the annual City election to the first Tuesday following the first Monday in November. Charter Section 5.03 was amended to change appointment of a Charter Review Committee every five years rather than every seven years. The next time the committee wilt meet is in December following the November 2011 election. Just as a point of clarification on Charter 5.03. Because it states, "Not later than April 15~h of the year 1999 and of every 5rh year thereafter, .......'; this might lead one to believe the committee met in 1999, 2004, and will meet again in 2009. Because the last meeting of the charter review committee was in 2006 under the old seven year provision, they will not meet again until 2011. We will ask Municipal Code Corporation to insert an editor's note to this effect at the end of Charter 5.03 in the next code supplement. RECOMMENDED ACTION At Council's discretion: Move to pass Ordinance No. 0-07-08 on first reading, and set public hearing for June 13, 2007. ~3\ 3~ ORDINANCE NO.O-07-08 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 2, SECTIONS 2-231 AND 2-232 REGARDING MEETING TIMES AND PROCEDURES FOR THE CHARTER REVIEW COMMITTEE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE. WHEREAS, with the change in the City Charter by City electors to move the annual general election to November, and a review of the corresponding Code provisions relative to appointments and operational procedures, staff is recommending certain revisions in keeping with the new election time and procedures utilized with the 2006 charter review; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That section 2-231 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec.2-231. Appointment. The fifteen (15) members of the charter review committee, as established by section 5.03 of the City Charter, shall be appointed in the following manner: (1) Each member of the city council shall appoint two city residents to the committee; and (2) The remaining five (5) members of the committee shall be appointed by the council as a body in accordance with the general provisions for selection of membership of city boards and committees. The announcement of the individual appointments, and the selection of the at-large members, shall occur at the second regularly scheduled city council meeting followina the seatina of the newly elected city council '~ of the years designated in the Charter for formulation of the committee. 33 There shall be no limit on the number of times a resident may serve on this committee, nor shall any member of another city board or committee be prohibited from concurrently serving thereupon. Section 2. That section 2-232 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 2-232. Operational procedures. The charter review committee shall hold its organizational meeting . ~ in the week following formulation of its membership. At said meeting the majority of the members present shall select a chairman and avice-chairman. The selection thereof, and the operations of the committee, shall be carried out in accordance with the established general procedures for boards and committee of the city. At said organizational meeting, the committee shall establish the time and frequency of its meetings. The city attorney shall be advisor to the committee and the city ~ Ic erk shall provide secretarial services to the committee. After submitting its final recommendation, which shall occur within six months of the committee's formulation, the committee shall have a final meeting in the week following city council action on said recommendation and shall thereafter be dissolved. 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 or unconstitutional provisions. 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. ~.3`~ 2 Section 5. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its adoption. The foregoing Ordinance was moved for adoption The motion was seconded by Council member and, upon being put to a vote, the vote was as follows: Mayor Andrea Coy Vice Mayor Sal Neglia Councilmember AI Paternoster Councilmember Dale Simchick Councilmember Eugene Wolff by Council member The Mayor thereupon declared this Ordinance duly passed and adopted this 2007. CITY OF SEBASTIAN, FLORIDA By: ATTEST: Mayor Andrea B. Coy day of Approved as to form and legality for reliance by the City of Sebastian only: Sally A. Maio, MMC City Clerk Rich Stringer, City Attorney a35 ~3~ cQr ~ ~ . ~'~`M '`. FIOME Ql~ )3EL1C1tN ISLAND CITY OF SEBASTIAN AGENDA TRANSMITTAL Dln.D7(„~ Subject: Shifting Capital Project Funding Agenda No. ~ 7 / D App ove r Submittal by: Department Origin: Finance Finance Director: ~jlQ-~- City Engineer: ~ . City Clerk A , ity Manager City Attorney: Date Submitted: 4/17/07 For Agenda of: 4/25/07 Ezhibits: N/A EXPENDITURE AMOUNT BUDGETED: APPROPRIATION FUNDING SOURCE: REQUIRED: N/A N/A REQUIRED: N/A N/A SUMMARY In a memo dated, Apri19, 2007, I provided to Council an update concerning the improvement of Easy Street. After CDBG funding was denied, I instructed the Engineering Department to complete an analysis for Easy Street renovation options. The Engineering Department has now fmished that analysis and the project parameters and costs are estimated as depicted below: Item Est. Unit Cost Est. Number Estimated Cost ($/Unit) of Units Roadway rncL enEineerinp & survey) • Recycled /Expanded /Raised Base $1.30 / SF 1 mile (a7 22 fG wide $ 150,000 = annrox 116000 SF • Asphalt Paving (> 1-1/2") =annrox 13000 SY $1.30 / SF $ 150,000 • Traffic and Crosswalk Markings $35,000 all-in 1 lot, all-in $35,000 Subtotal, Roadway Prelim. Est. $ 335,000 Concrete Work • Driveway Replacements (size varies) $3000 each 68 each 2$ 04,000 • Sidewalks (5' wide, 4" thick) $3.25 / SF 26,400 SF $ 86,000 Subtotal, Concrete Work Prelim. Est $ 290,000 Stormwater Swale Work $18 / LF 10,000LF 1$ 80.000 TOTAL PRELIlyIII~1ARY ESTIMATE 805 00 Please note, that the above costs are compiled from existing services contracts. This project, if performed, will be completed and managed by the Engineering Department with slight additional consulting cost for permitting issues. ~3~ In addition, a time line to complete the project could be established in the following manner: ITEM Complete Survey Complete Design Complete Permitting (SJRWIVID) Bidding Start Construction End Construction ESTIMATED DATE OF COMPLETION Beginning June 2007 End July 2007 End September 2007 Beginning October 2007 Beginning December 2007 Beginning June 2008 To fmance the project, I am requesting that Council reconsider "shuffling the deck" on existing projects and funding. Available from the Barber Street Realignment is $400,000 and the 2007 Road Paving Program is $112,571. The City Council also approved the Easy Street Renovation project in the amount of $200,000 during the FY 2005 budget process. These monies can be commingled to create a larger budget for the more pressing Easy Street project in the following way: Name of Project Current Bud et Funding Source Funding Changes Increase ecrease Revised. Bud et Years To Date Ez enditure Barber Street Reali ent $400,000 DST $400,000 $0 $p 2007 Road Pavin Pro $112,571 LOGT $112,571 $0 $0 Eas Street Renovation $200,000 DST $512,571 $712,571 $0 Total $712 571 $0 $712,571 $0 Staff will also be requesting an additional allocation of $100,000 in the FY 08 budget. If these changes are made, an Easy Street budget of $812,571 can be created which covers the estimated cost of $805;000. Please note that the recommendation to delay the Barber Street Realignment can be reconsidered in the FY OS CIP planning process. In addition, using the FY 07 paving money basically focuses those funds in one area instead of spreading around the maintenance. However, additional funding will be allocated for asphalt paving in FY 08 to allow continuation of this program. RECOMMENDED ACTION Move to approve the transfer of project funding from Barber Street Realignment in the amount of $400,000 and the 2007 Road Paving Program in the amount of $112,571 to Easy Street Renovation Project. a,38 City of Sebastian Growth Management Department 1225 MAIN STREET ^ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ^ FAX (772) 388-8248 MEMORANDUM ~? /D~ DATE: May 2, 2007 TO: Al Minner, City Manager FROM: Rebecca Grohall, Director SUBJECT: Code Enforcement Operational Guidelines Attached is the revised Code Enforcement Operational Guidelines for adoption by City Council. Reflected in the document are revisions that include a statement for protecting confidentiality and sector patrolling. ~,~ ~~{D Code Enforcement Operational Guidelines ~IiY OF April 2007 ~~i HIE t~F PELI~A~J ILA~JL~ ~~~ Table of Contents Cover Page - - - - - - - - - 1 Table of Contents - - - - - - - - 2 Forward, Mission Statement and References- - - - - 3 Role of Code Enforcement and Enforcement Procedure - - - 4 Protection from Court Action - - - - - - - 10 Conduct ofHearing - - - - - - - - 10 Administrative Fines; costs of repairs; liens - - - - - 11 Duration of Lien - - - - - - - - 13 Appeals - - - - - - - - - 13 Document Disposition - - - - - - - 13 a~13 Forward This operational guideline has been written to ensure Code Enforcement is standardized. for all individuals proposing to engage in this activity for the City of Sebastian. All future code enforcement efforts shall follow this standard. Updates to these guidelines shall be made with any changes to Florida Statute Chapter 162 "County or Municipal Code Enforcement," "Sebastian Land Development Code" Sebastian City's "Code of Ordinances." It may also be updated through the initiation of new or updated State, federal laws and Court case law. Mission Statement The City of Sebastian's Code Enforcement staff will provide an unbiased service striving to improve the quality of life. for the people of this City and the overall appearance within the city limits. Code Enforcement staff are committed to making Sebastian the most desirable city in Florida for people to live in, for businesses to flourish, and for visitors to enjoy. Individuals working will strive to project a professional attitude and appearance. Ethical behavior shall always be observed. Code Enforcement Officers (CEOs) will be identifiable by wearing their uniform, aCity-issued ID, and a-Code Enforcement badge. Code Enforcement staff shall, to the greatest extent possible by Florida law, keep the identities of people who report violations confidential. When a person calls in a potential violation, staff will let the caller know that they do not have to leave their name and number. REFERENCE DOCUMENTS Florida Statute 162 Part I - "Local Government Code Enforcement Boards" (Special Magistrate) (2004 edition) Florida Statute 162 Part II - "Supplemental County or Municipal Code or Ordinance Enforcement Procedures" (2004 edition) Florida Statute 933 - - "Search and Inspection Warrants" (2004 edition) Florida Statute 968 - - "Waiver of sovereign immunity in tort actions; recovery limits; limitation on attorney fees; statute of limitations; exclusions; indemnification; risk management programs" (2002 edition) Florida Statute 50 - - Legal and Official Advertisement(s) ~.y 4 Florida Statute 119 - - Public Records Code of Ordinance - - City of Sebastian Land Development Code - City of Sebastian Role of Code Enforcement A Code Enforcement Officer (CEO) shall perform a variety of technical work in securing compliance with City Codes and Ordinances, laws and regulations. In carrying out their job' responsibilities, CEOs will: (1) Respond to complaints of potential code violations. (2) Conduct field inspections, gather evidence and factual findings, issue warnings or citations. (3) Assist in resolving customer service issues and explain state laws and code requirements and violations. (4) Schedule follow-up inspections on code compliance and conduct periodic area surveys. (5) Maintain a record of enforcement activities. (6) Coordinate with other departments, including Growth Management and Building, to enforce codes and resolve violations. (7) Routinely patrol their designated area. The Special Magistrate (SM) shall have the power to: (1} Adopt rules for the conduct of its hearings. (2) Subpoena alleged violators and witnesses to its hearings. The sheriff of the county or police department of the municipality may serve subpoenas. (3) Subpoena evidence to its hearings. (4) .Take testimony under oath. (5) Issue orders having the force of law to command whatever steps are necessary to bring a violation into compliance. (REF: FS 162.08 Enforcement Procedure The Code Enforcement process starts when: • A verbal or written complaint is received by staff • An officer observes a condition in the field while routinely patrolling (1) It shall be the responsibility of the Code Enforcement Officer (CEO) to initiate enforcement proceedings of the various codes; however, the Special magistrate shall not have the power to initiate such enforcement proceedings and act as appellate body. (REF: FS 162.06(1)) ~~ 5 (2) Right of Entry: The ability of a CEO to enter private property is enumerated in the Fourth Amendment to the U.S. Constitution. CEOs may only enter onto private property under the following circumstances: (A) An inspection pursuant to a warrant shall not be made between 7 p.m. of any day and 7 a.m. of the succeeding day; on Saturday, Sunday, or any legal holiday; or in the absence of an owner or occupant over the age of 18 years of the particular place, dwelling, structure, or premises unless specifically authorized by the judge upon a showing that such authority is reasonably necessary to effectuate the purpose of the rule being enforced. An inspection pursuant to a warrant shall not be made by means of forcible entry, except that the judge may expressly authorize a forcible entry when facts are shown which are sufficient to create a reasonable suspicion of a violation of a state or local law or mile relating to municipal or county building, fire, safety, environmental, animal control, land use, plumbing, electrical, health, minimum housing, or zoning standards which, if such violation existed, would be an immediate threat to health or safety or when facts are shown establishing that reasonable attempts to serve a previous warrant have been unsuccessful. When prior consent has been sought and refused, notice that a warrant has been issued shall be given at least 24 hours before the warrant is executed. Immediate execution of a warrant shall be prohibited except when necessary to prevent loss of life or property. (REF: Florida Statute 933.26) (B) With the consent of the property owner. (Not required for publicly accessible areas of private property such as store fronts.) (REF: Camara v. Municipal Court of San Francisco, 387 U.S. 523 (1967)) (C) Within one of the recognized exceptions to the general warrant requirement. Anything that is in the plain view of the CEO. This includes areas that, may be observed from neighbor's property (with their permission). Plain view is described as discrepancies, which maybe observed by the naked eye from the normal height of the individual conducting the inspection. Use of mechanical, electrical or other components to circumvent areas protected from vision is not acceptable and could be thrown out in a court action. (D) An Emergency Situation that if not corrected could lead to the loss of life, damage to property or to the environment. (REF: Michi ag n v Tyler, 436 U.S. 499 (1978)) (3) If a violation of the codes is found, the CEO shall notify the violator (as provided in FS 162.12) and give reasonable time to the property owner to correct the violation. (REF.' FS 162.06(2)) A minimum of 10 days is suggested unless it is a reoccurrence or unless otherwise spelled out in other codes. This is called "Service". A shorter period of time maybe granted for Nuisance Violations, pursuant to Chap. 66 of the Code of Ordinances for the City of Sebastian. ~`T ~ 5 Service on Homeowners - - Indian River County Property Ap rp aiser Information Service on a Corporation - - State of Florida Secretary of State Corporations Online Notify the "Registered Agent" Service on Partnerships - - Service on any one partner Service on Domestic Limited Partnerships - Service on any general partner or agent for Service Service on a minor (under 18 years) - Service on Incapacitated Person - Service parents or guardian Research to determine if a guardian has been appointed Deceased Owner - - - All beneficiaries must be served * -Contact the Clerk of the Circuit Court (probate & guardianship Division) to obtain a copy of the "Order of Distribution" (A) A "Notice of Violation" shall include the following at the minimum: 1. Date letter was typed. Note: Violation(s) shall be identified in a letter within 24 hours of the discovery. If more than 24 hours has passed, the property will have to be re-evaluated. 2. Address of the individual who owns the property. 3. Address of the property with the violation. 4. Date property was visited. 5. Printed copy of Indian River County Property Appraiser account number including owner's name and address 6. Identification of ordinance that was violated, including quotation of the paragraph and identification of the Standard and Paragraph of the violation. 7. Corrective action(s) required to come into compliance. 8. Signature of the CEO identifying the violation. (B) Notifying the violator shall be accomplished in the following manner and in this prescribed order. (REF: FS 162.12) 6 a,~, 1. All notices required by this part shall be provided to the alleged violator by: (a) Certified mail, return receipt requested, provided if such notice is sent under this paragraph to the owner of the property in question at the address listed in the tax collector's office for tax notices, and at any other address provided to the local government by such owner and is returned as unclaimed or refused, notice may be provided by posting as described in subparagraphs (2)(b)1. and 2. Notification shall also be sent via first class mail directed to the addresses furnished to the local government with a properly executed proof of mailing or affidavit confirming the first class mailing; (b) Hand delivery by Sebastian Police Officer or other law enforcement officer, code inspector, CEO, or other person designated by the local governing body; (c) Leaving the notice at the violator's usual place of residence with any person residing therein who is above 15 years of age and informing such person of the contents of the notice; or (d) In the case of commercial premises, leaving the notice with the manager or other person in charge. 2. In addition to providing notice as set forth in subsection (1), at the option of the Special Magistrate, notice maybe served also by publication or posting, as follows: (a) Such notice shall be published once during each week for four (4) consecutive weeks (four publications being sufficient) in a newspaper of general circulation in Indian River County. The newspaper shall meet such requirements as are prescribed under Chapter 50 for legal and official advertisements. (b) Proof of publication shall be made as provided in FS. 50.041 and 50.051. (c) In lieu of publication as described in paragraph (a) above, such notice may be posted at least 10 days prior to the hearing, or prior to the expiration of any deadline contained in the notice, in at least two locations, one of which shall be the property upon which the violation is alleged to exist and the other of which shall be, in the case of municipalities, at the primary municipal government office, and in the case of counties, at the front door of the courthouse or the main county governmental center in said county. aye (d) Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and places of its posting. (e) Notice by publication or posting may run concurrently with, or may follow, an attempt or attempts to provide notice by hand delivery or by mail. (C) Evidence that an attempt has been made to hand deliver or mail notice as provided in subsection (1), together with proof of publication or posting as provided in subsection (2)(Pr. 3 A-B above), shall be sufficient to show that the notice requirements of this part have been met, without regard to whether or not the alleged violator actually received such notice. (D) "Reasonable time" when speaking to violation notices shall mean the amount of time the inspector or CEO believes it should take to obtain work permits (if necessary) and correct the identified problem. The amount of time maybe mandated in State or local laws, ordinances, or other legal documents. "Reasonable Time" is a statutory mandate and must be acceptable to both a Special Magistrate and/or a civil court. (E) There are three recognized "Reasonable Time" exceptions: 1. Repeat Violator - If the Special Magistrate or court has ruled against the perpetuator finding that the violation is valid and the violation reoccurs on the same property, this represents a repeat violation and reasonable time is not necessary. A hearing. with the Special magistrate will still be required. (REF: FS 162.06(3)) 2. Emergency Case - If an event or violation represents an immediate threat to either life, property or the environment (e.g., a fire, arcing wires or leaking chemical tanks), reasonable -time does not apply but the CEO must make a reasonable effort to notify the violator and the Special Magistrate must be notified also. (REF: FS 162.06(4)) 3. Irreparable and/or Irreversible - If an occurrence is creating a violation that can not be readily repaired or reversed (e.g., cutting down a tree) then the CEO need not give reasonable time but must make a reasonable effort to notify the violator. The Special Magistrate must be notified also. (REF: FS 162.06(4)) ' (4) Should the violation continue beyond the time frame identified, the CEO shall notify the Special Magistrate and request a hearing or the meeting will occur on a recurring basis at a prescheduled date and time. The Special Magistrate shall schedule a hearing and written notice of such hearings shall be hand delivered or mailed as provided in FS 162.12. (REF: FS 162.06(2)) "1 8 (5) If the CEO has reason to believe a violation or the condition causing the violation presents a serious threat to the public health, safety, and welfare or if the violation is irreparable or irreversible in nature, the CEO shall make a reasonable effort to notify the violator and may immediately notify the Special Magistrate and request a hearing. (REF: FS 162.06(4)) During emergency situations, proper authorities shall be notified immediately: (A) Any action that could be conceived as a Fire Code Violation or as a fire shall be called into Indian River County Fire Protection. (B) Any violation that could be considered a violation of law shall be turned over to Local Law Enforcement. (C) Medical emergencies shall be reported to Indian River County Fire Protection. (D) Violations of Health Codes shall be reported to the Florida Department of. Health. (E) Incidents involving hazardous materials or conditions found which could be considered detrimental to the environment shall be reported to Indian River County Fire Protection. (6) If the owner of property that is subject to an enforcement proceeding before the Special Magistrate or court transfers ownership of such property between the time the initial pleading was served and the time of the hearing, such owner shall: (A) Disclose, in writing, the existence and the nature of the proceeding to the prospective transferee. (B) Deliver to the prospective transferee a copy of the pleadings, notices, and other materials relating to the code enforcement proceeding received by the transferor. (C) Disclose, in writing, to the prospective transferee that the new owner will be responsible for compliance with the applicable code and with orders issued in the code enforcement proceeding. (D) File a notice with the CEO of the transfer of the property, with the identity and address of the new owner and copies of the disclosures made to the new owner within 5 days after the date of the transfer. (7) A failure to make the disclosures described in paragraphs 6(a), (b), (c) and (d) above before the transfer creates a rebuttable presumption of fraud. If the property is transferred ~5~ 9 before the hearing, the proceeding shall not be dismissed, but the new owner shall be provided a reasonable period of time to correct the violation before the hearing is held. (REF.• FS 162.06(Sa-d)) (8) Should an individual within the city limits be found renovating a structure, building a structure or demolishing a structure without a work permit, the following actions will take place: (A) A stop work sticker will be issued by the. Building Department. Work to enclose a property will not be stopped until the structure is made weather tight (e.g., allow roofing to continue to a point where water will not readily enter the structure). (B) The Chief Building Official will notify a CEO and provide address of violation. (C) Allow the permit to be applied for and issued with the fine with the stipulation that the property owner and/or contractor appear before the Special Magistrate on a date to be determined to appeal the fine. The Special Magistrate will examine the extent of violation and determine the fair application of the City's fine. (D) Code Enforcement will send the property owner and/or contractor a "Notice to Appear" at the appropriate Special Magistrate hearing. CEO Protection from Court Action An individual state/county/city officer or employee cannot be held personally liable or named as a party defendant in a tort action, while acting in the course and scope of employment unless the officer/employee "....acted in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety or property. " With this in mind, all CEOs must always be aware of their responsibilities and of the laws affecting their position. Failure to do so can allow the CEO to be liable in a court action. (REF: Florida Statute 768.28 subsection (9)(a)) Conduct of Hearing (1) Upon request of the CEO, or at such other times as may be necessary, the Special Magistrate may call a hearing. Minutes shall be kept of all Special Magistrate hearings, and all hearings and proceedings shall be open to the public. The local governing body shall provide clerical and administrative personnel as may be reasonably required by the Special Magistrate for the proper performance of his/her duties. (REF: FS 162.07(1)) (2) Each case before a Special Magistrate shall be presented by the local governing body attorney or by a member of the administrative staff of the local governing body. If the local governing body prevails in prosecuting a case before the Special Magistrate, it shall ... a5. be entitled to recover all costs incurred in prosecuting the case before the Special Magistrate and such costs may be included in the lien authorized under FS. 162.09(3). (REF: FS 162.07(2)) (3) The Special Magistrate shall proceed to hear the cases on the agenda for that day. All testimony shall be under oath and shall be recorded. The Special Magistrate shall take testimony from the CEO and alleged violator. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings. (REF: FS 162.07(3)) (4) At the conclusion of the hearing, the Special Magistrate shall issue findings of fact, based on evidence of record and conclusions of law, and shall issue an order affording the proper relief consistent with powers granted herein. The order may include a notice that it must be complied with by a specified date and that a fine may be imposed and, under the conditions specified in FS. 162.09(1), the cost of repairs may be included along with the fine if the order is not complied with by said date. A certified copy of such order may be recorded in the public records of the county and shall constitute notice to any subsequent successors in interest, or assigns if the violation concerns real property, and the findings therein shall be binding upon the violator and, if the violation concerns real property, any subsequent purchasers, successors in interest, or assigns. If an order is recorded in the public records pursuant to this subsection and the order is complied with by the date specified in the order, Code Enforcement shall issue an order acknowledging compliance that shall be recorded in the public records. A hearing is not required to issue such an order acknowledging compliance. (REF: FS 162.07(4)) Administrative Fines; costs of repairs; liens: (1) The Special Magistrate, upon notification by the CEO (by notice as spelled out in FS 162.12) that an order of the Special Magistrate has not-been complied with by the set time or upon finding that a repeat violation has been committed, may order the violator to pay a fine in an amount specified in this section for each day the violation continues past the date set by the Special Magistrate for compliance or, in the case of a repeat violation, for each day the repeat violation continues, beginning with the date the repeat violation is found to have occurred by the CEO. In addition, if the violation is a violation described in FS 162.06(4), the Special Magistrate shall notify the local governing body, which may make all reasonable repairs which are required to bring the property into compliance and charge the violator with the reasonable cost of the repairs along with the fine imposed pursuant to this section. Making such repairs does not create a continuing obligation on the part of the local governing body to make further repairs or to maintain the property and does not create any liability against the local governing body for any damages to the property if such repairs were completed in good faith. If a finding of a violation or a repeat violation has been made as provided in this part, a hearing shall not be necessary for issuance of the order imposing the fine. If, after due notice and hearing, the Special Magistrate finds a violation to be irreparable or irreversible in nature, it may order the violator to pay a fine as specified in paragraph (2)(a) below. ~5~ ~~ (A) An affidavit ofnon-compliance shall be sent to the violator via allowed means specified in FS 162.12. (REF.• Massey and Massey v. Charlotte County Case No 2DO2-389) _ (B) Notifications shall include a date for a hearing with the Special Magistrate for the violators (REF: Massey and Massey v. Charlotte County Case No 2DO2-389) (C) Fines shall not be imposed until such time as the violators have had the opportunity to come before the Special Magistrate for a hearing. (REF: Massey and Massey v. Charlotte County Case No 2DO2-389 (2)(a) A fine imposed pursuant to this section shall not exceed $250 per day for a first violation and shall not exceed $500 per day for a repeat violation and, in addition, may include all costs of repairs pursuant to subsection (1). However, if the Special Magistrate finds the violation to be irreparable or irreversible in nature, he/she may impose a fine not to exceed $5,000 per violation. (b) In determining the amount of the fine, if any, the Special Magistrate shall consider the following factors: 1. The gravity of the violation; 2. Any actions taken by the violator to correct the violation; and 3. Any previous violations committed by the violator. (Previous violations only include cases that the Special Magistrate or a court has ruled on.) (c) The Special Magistrate or subsequent court action may reduce a fine imposed pursuant to this section. (3) A certified copy of an order imposing a fine, or a fine plus repair costs, may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator. Upon petition to the circuit court, such order shall be enforceable in the same manner as a court judgment by the sheriffs of this state, including execution and levy against the personal property of the violator, but such order shall not be deemed to be a court judgment except for enforcement purposes. A fine imposed pursuant to this part shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit filed pursuant to this section, whichever occurs first. A lien arising from a fine imposed pursuant to this section runs in favor of the local governing body, and the local governing body may execute a satisfaction or release of lien entered pursuant to this section. After three (3) months from the filing of any such lien, should the lien remain unpaid, the Special Magistrate may authorize the local governing body attorney to foreclose on the lien or to sue to recover a money judgment for the amount of the lien plus accrued interest. ., C53 (4) No lien created pursuant to the provisions of this part may be foreclosed on real property, which is identified as a homestead under Art. X of the State Constitution. The money judgment provisions of this section shall not apply to real property or personal property, which is covered under s. 4(a), Art. X of th~lorida) State Constitution. (REF.• FS 162.09) Duration of lien (1) No lien provided under the Local Government Code Enforcement Boards Act shall continue for a period longer than 20 years after the certified copy of an order imposing a fine has been recorded, unless within that time an action is commenced pursuant to FS 162.09(3) in a court of competent jurisdiction. In an action to foreclose on a lien or for a money judgment, the prevailing party is entitled to recover all costs, including a reasonable attorney's fee that it incurs in the action. The local governing body shall be entitled to collect all costs incurred in recording and satisfying a valid lien. The continuation of the lien affected by the commencement of the action shall not be good against creditors or subsequent purchasers for valuable consideration without notice, unless a notice of lis pendens is recorded. (REF: FS 162.10) (2) Homestead properties may not have a lien foreclosed. Sales of property with liens regardless of homestead status shall allow reimbursement of the lien. (REF: Wendy Fong vs. Town of Bay Harbor Islands Case no. 3D02-3097 December 24, 2003 Appeals An aggrieved party, including the local governing body, may appeal a final administrative order of the Special Magistrate to the circuit court. Such an appeal shall not be a hearing de novo but shall be limited to appellate review of the record created before the Special Magistrate. An appeal shall be filed within 30 days of the execution of the order to be appealed. (REF: FS 162.11 Document Disposition Public Records** within the files of the Code Enforcement Section of the City of Sebastian Florida shall be maintained in accordance with Florida State Law, Title X, Chapter 119. At the minimum records dealing with individual cases shall be maintained: Courtesy Letters /Violation Letters /Citations - - 3 years Violation after meeting the Special Magistrate - - 5 years Lien - in Perpetuity ~5y ., All documents shall be destroyed after the appropriate time has passed and be accomplished in accordance with Florida State Law, Title XVIII, Chapter 257, s. 257.36. Any other public records** maintained by this section shall have written permission from the City's Custodian of Public Records prior to destruction in the prescribed manner. ** - "Public records" are defined as "All documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any (government) agency." ~< a5y~